42 USC 2297 - Incentives for additional downblending of highly enriched uranium by the Russian Federation

View all text of Subchapter VIII [§ 2297h - § 2297h-13]

§ 2297h–10a. Incentives for additional downblending of highly enriched uranium by the Russian Federation

(a) DefinitionsIn this section:

(1) Completion of the Russian HEU Agreement

(2) Downblending

(3) Highly enriched uranium

(4) Highly enriched uranium of weapons originThe term “highly enriched uranium of weapons origin” means highly enriched uranium that—

(A) contains 90 percent or more uranium-235; and

(B) is verified by the Secretary of Energy to be of weapons origin.

(5) Low-enriched uranium

(6) Russian HEU Agreement

(7) Suspension Agreement

(8) Uranium-235

(b) Statement of policyIt is the policy of the United States—

(1) to support the continued downblending of highly enriched uranium of weapons origin in the Russian Federation in order to protect the essential security interests of the United States with respect to the nonproliferation of nuclear weapons;

(2) to reduce reliance on uranium imports in order to protect essential national security interests;

(3) to revive and strengthen the supply chain for nuclear fuel produced and used in the United States; and

(4) to expand production of nuclear fuel in the United States.

(1) Completion of the Russian HEU AgreementPrior to the completion of the Russian HEU Agreement, the importation into the United States of low-enriched uranium, including low-enriched uranium obtained under contracts for separative work units, that is produced in the Russian Federation and is not imported pursuant to the Russian HEU Agreement, may not exceed the following amounts:

(A) In the 4-year period beginning with calendar year 2008, 16,559 kilograms.

(B) In calendar year 2012, 24,839 kilograms.

(C) In calendar year 2013 and each calendar year thereafter through the calendar year of the completion of the Russian HEU Agreement, 41,398 kilograms.

(2) Incentives to continue downblending Russian highly enriched uranium after the completion of the Russian HEU Agreement

(A) In generalAfter the completion of the Russian HEU Agreement, the importation into the United States of low-enriched uranium, including low-enriched uranium obtained under contracts for separative work units, that is produced in the Russian Federation, whether or not such low-enriched uranium is derived from highly enriched uranium of weapons origin, may not exceed—

(i) in calendar year 2014, 485,279 kilograms;

(ii) in calendar year 2015, 455,142 kilograms;

(iii) in calendar year 2016, 480,146 kilograms;

(iv) in calendar year 2017, 490,710 kilograms;

(v) in calendar year 2018, 492,731 kilograms;

(vi) in calendar year 2019, 509,058 kilograms;

(vii) in calendar year 2020, 514,754 kilograms;

(viii) in calendar year 2021, 596,682 kilograms;

(ix) in calendar year 2022, 489,617 kilograms; and

(x) in calendar year 2023, 578,877 kilograms.

(B) Administration

(i) In generalThe Secretary of Commerce shall administer the import limitations described in subparagraph (A) in accordance with the provisions of the Suspension Agreement, including—(I) the limitations on sales of enriched uranium product and separative work units plus conversion, in amounts determined in accordance with Section IV.B.1 of the Suspension Agreement (as amended by the amendment published in the Federal Register on October 9, 2020 (85 Fed. Reg. 64112));(II) the export limit allocations set forth in Appendix 5 of the Suspension Agreement (as so amended);(III) the requirements for natural uranium returned feed associated with imports of low-enriched uranium, including pursuant to sales of enrichment, with or without conversion, from the Russian Federation, as set forth in Section IV.B.1 of the Suspension Agreement (as so amended);(IV) any other provisions of the Suspension Agreement (as so amended); and(V) any related administrative guidance issued by the Department of Commerce.

(ii) Effect of termination of Suspension Agreement

(C) Additional imports in exchange for a commitment to downblend an additional 300 metric tons of highly enriched uranium

(i) In general

(ii) Maximum annual imports

(3) Exceptions

(4) Limited waiver authority

(A) In generalNotwithstanding paragraph (1)(C), if the completion of the Russian HEU Agreement does not occur before December 31, 2013, the import limitations under paragraph (1)(C) shall be waived, and low-enriched uranium may be imported into the United States in the quantities specified in paragraph (2) in a calendar year after 2013, if—

(i) the Secretary of Energy and the Secretary of State jointly determine that—(I) the failure of the completion of the Russian HEU Agreement arises from causes beyond the control and without the fault or negligence of the Government of the Russian Federation; and(II) the Government of the Russian Federation has made reasonable efforts to avoid and mitigate the effects of the failure of the completion of the Russian HEU Agreement; and

(ii) the Secretary of Energy and the Secretary of State jointly notify Congress of, and publish in the Federal Register, the determination under clause (i) and the reasons for the determination.

(B) Notice and wait

(5) Authority for additional adjustmentThe Secretary of Commerce may adjust the import limitations under paragraph (2)(A) for a calendar year if the Secretary—

(A) in consultation with the Secretary of Energy, determines that the available supply of low-enriched uranium and the available stockpiles of uranium of the Department of Energy are insufficient to meet demand in the United States in the following calendar year; and

(B) notifies Congress of the adjustment not less than 45 days before making the adjustment.

(6) Equivalent quantities of low-enriched uranium imports

(A) In general

(B) Adjustment for other uranium

(7) Downblending of other highly enriched uranium

(A) In general

(B) Equivalent quantities of highly enriched uranium

(8) Termination of import restrictions

(9) Technical verifications by Secretary of Energy

(A) In general

(B) Methods of verification

(10) Enforcement of import limitations

(11) Effect on other agreements

(A) Russian HEU Agreement

(B) Other agreements

(d) Prohibition on imports of low-enriched uranium

(1) ProhibitionBeginning on the date that is 90 days after May 13, 2024, and subject to paragraphs (2) and (3), the following may not be imported into the United States:

(A) Unirradiated low-enriched uranium that is produced in the Russian Federation or by a Russian entity.

(B) Unirradiated low-enriched uranium that is determined to have been exchanged with, swapped for, or otherwise obtained in lieu of unirradiated low-enriched uranium described in subparagraph (A) in a manner designed to circumvent the restrictions under this section.

(2) Waiver

(A) In generalSubject to subparagraphs (B) and (C), the Secretary of Energy, in consultation with the Secretary of State and the Secretary of Commerce, may waive the application of paragraph (1) to authorize the importation of low-enriched uranium described in that paragraph if the Secretary of Energy determines that—

(i) no alternative viable source of low-enriched uranium is available to sustain the continued operation of a nuclear reactor or a United States nuclear energy company; or

(ii) importation of low-enriched uranium described in paragraph (1) is in the national interest.

(B) Limitation on amounts of imports of low-enriched uranium

(i) In generalThe importation into the United States of low-enriched uranium described in paragraph (1), including low-enriched uranium obtained under contracts for separative work units, whether or not such low-enriched uranium is derived from highly enriched uranium of weapons origin, may not exceed—(I) in calendar year 2024, 476,536 kilograms;(II) in calendar year 2025, 470,376 kilograms;(III) in calendar year 2026, 464,183 kilograms; and(IV) in calendar year 2027, 459,083 kilograms.

(ii) AdministrationThe Secretary of Commerce shall—(I) administer the import limitations described in clause (i) in accordance with the provisions of the Suspension Agreement, including the provisions described in subsection (c)(2)(B)(i);(II) be responsible for enforcing the import limitations described in clause (i); and(III) enforce the import limitations described in clause (i) in a manner that imposes a minimal burden on the commercial nuclear industry.

(D) Notification to Congress

(i) In general

(ii) Committees specifiedThe committees specified in this clause are—(I) the Committee on Energy and Natural Resources and the Committee on Finance of the Senate; and(II) the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives.

(3) ApplicabilityThis subsection does not apply to imports—

(A) by or under contract to the Department of Energy for national security or nonproliferation purposes; or

(B) of non-uranium isotopes.

(4) Termination

(5) Russian entity defined

(Pub. L. 104–134, title III, § 3112A, as added Pub. L. 110–329, div. C, title VIII, § 8118(2), Sept. 30, 2008, 122 Stat. 3647; amended Pub. L. 116–260, div. Z, title II, § 2007(a), Dec. 27, 2020, 134 Stat. 2472; Pub. L. 118–62, § 2(a), (b)(1), May 13, 2024, 138 Stat. 1022, 1023.)