Federal

Prohibiting Russian Uranium Imports Act

Source: Congress.gov · 1,058 words in original text

What This Bill Does

This law stops the United States from importing unirradiated low-enriched uranium (uranium that has been processed to increase the concentration of a specific type of uranium atom but not used in a nuclear reactor) that is made in Russia or by Russian companies. The law allows some exceptions if the Secretary of Energy determines there is no other available uranium source or if importing it serves the national interest.

Who It Affects

Nuclear power plant operators and nuclear energy companies that use low-enriched uranium. The Secretary of Energy, the Secretary of State and the Secretary of Commerce who must work together on decisions about exceptions. Congress committees including the Senate Committee on Energy and Natural Resources, Senate Committee on Finance, House Committee on Energy and Commerce, and House Committee on Ways and Means.

Key Provisions

• Starting 90 days after this law passes, companies cannot import unirradiated low-enriched uranium produced in Russia or by Russian entities, and cannot import uranium that was swapped or exchanged to get around this rule. (Sec. 2(d)(1)) • The Secretary of Energy can allow imports if no other uranium source exists to keep a nuclear reactor running or if it is in the national interest, but must consult with the Secretary of State and Secretary of Commerce. (Sec. 2(d)(2)(A)) • Russia-produced uranium imports are limited to specific amounts each year: 476,536 kilograms in 2024, 470,376 kilograms in 2025, 464,183 kilograms in 2026, and 459,083 kilograms in 2027. (Sec. 2(d)(2)(B)(i)) • Any waiver allowing Russian uranium imports must end by January 1, 2028. (Sec. 2(d)(2)(C)) • The Secretary of Energy must notify Congress committees whenever a waiver is issued, including identifying who receives it. (Sec. 2(d)(2)(D)) • The entire import prohibition ends on December 31, 2040. (Sec. 2(d)(4))

What Changes

The law changes which uranium countries can sell to the United States, blocking Russian sources while allowing limited imports under specific circumstances and conditions. The Secretary of Commerce becomes responsible for enforcing the yearly import limits while trying to minimize problems for the nuclear power industry.

Important Definitions

"Russian entity" means any company or organization that is set up under Russian law or controlled by the Russian government. (Sec. 2(d)(5))

Effective Date

90 days after the law was signed on May 13, 2024.

PUBLIC LAW 118–62—MAY 13, 2024 PROHIBITING RUSSIAN URANIUM IMPORTS ACT VerDate Sep 11 2014 08:50 May 24, 2024 Jkt 049139 PO 00062 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL062.118 PUBL062 jmbennett on LAPBW6H6L3PROD with PUBLAW 138 STAT. 1022 PUBLIC LAW 118–62—MAY 13, 2024 Public Law 118–62 118th Congress An Act To prohibit the importation into the United States of unirradiated low-enriched uranium that is produced in the Russian Federation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Prohibiting Russian Uranium Imports Act’’. SEC. 2. PROHIBITION ON IMPORTS OF LOW-ENRICHED URANIUM FROM THE RUSSIAN FEDERATION. (a) PROHIBITION ON IMPORTS.—Section 3112A of the USEC Privatization Act (42 U.S.C. 2297h–10a) is amended by adding at the end the following: ‘‘(d) PROHIBITION ON IMPORTS OF LOW-ENRICHED URANIUM.— ‘‘(1) PROHIBITION.—Beginning on the date that is 90 days after the date of the enactment of this subsection, and subject to paragraphs (2) and (3), the following may not be imported into the United States: ‘‘(A) Unirradiated low-enriched uranium that is pro- duced in the Russian Federation or by a Russian entity. ‘‘(B) Unirradiated low-enriched uranium that is deter- mined to have been exchanged with, swapped for, or other- wise 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 GENERAL.—Subject to subparagraphs (B) and (C), the Secretary of Energy, in consultation with the Sec- retary of State and the Secretary of Commerce, may waive the application of paragraph (1) to authorize the importa- tion 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 GENERAL.—The importation into the United States of low-enriched uranium described in paragraph (1), including low-enriched uranium obtained under Determination. Effective date. Time period. 42 USC 2011 note. Prohibiting Russian Uranium Imports Act. May 13, 2024 [H.R. 1042] VerDate Sep 11 2014 08:50 May 24, 2024 Jkt 049139 PO 00062 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL062.118 PUBL062 jmbennett on LAPBW6H6L3PROD with PUBLAW 138 STAT. 1023 PUBLIC LAW 118–62—MAY 13, 2024 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 kilo- grams; and ‘‘(IV) in calendar year 2027, 459,083 kilo- grams. ‘‘(ii) ADMINISTRATION.—The Secretary of Commerce shall— ‘‘(I) administer the import limitations described in clause (i) in accordance with the provi- sions 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. ‘‘(C) TERMINATION.—Any waiver issued under subpara- graph (A) shall terminate not later than January 1, 2028. ‘‘(D) NOTIFICATION TO CONGRESS.— ‘‘(i) IN GENERAL.—Upon issuing a waiver under subparagraph (A), the Secretary of Energy shall submit to the committees specified in clause (ii) a notification that a waiver has been issued, which shall include identification of the recipient of the waiver. ‘‘(ii) COMMITTEES SPECIFIED.—The 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) APPLICABILITY.—This 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.—The provisions of this subsection shall terminate on December 31, 2040. ‘‘(5) RUSSIAN ENTITY DEFINED.—In this subsection, the term ‘Russian entity’ means an entity organized under the laws of or otherwise subject to the jurisdiction of the Government of the Russian Federation.’’. (b) CONFORMING AMENDMENTS.— (1) IN GENERAL.—Section 3112A(c) of the USEC Privatiza- tion Act (42 U.S.C. 2297h–10a(c)) is amended— (A) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (ix), by inserting ‘‘and’’ after the semicolon at the end; (II) in clause (x), by striking the semicolon and inserting a period; and Enforcement. VerDate Sep 11 2014 08:50 May 24, 2024 Jkt 049139 PO 00062 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL062.118 PUBL062 jmbennett on LAPBW6H6L3PROD with PUBLAW 138 STAT. 1024 PUBLIC LAW 118–62—MAY 13, 2024 LEGISLATIVE HISTORY—H.R. 1042: HOUSE REPORTS: No. 118–296 (Comm. on Energy and Commerce). CONGRESSIONAL RECORD: Vol. 169 (2023): Dec. 11, considered and passed House. Vol. 170 (2024): Apr. 30, considered and passed Senate. Æ (III) by striking clauses (xi) through (xxvii); and (ii) in subparagraph (C)(i), by striking ‘‘paragraph (10)’’ and inserting ‘‘paragraph (9)’’; (B) in paragraph (3), by striking ‘‘United States’’ and all that follows through ‘‘for processing’’ and inserting ‘‘United States for processing’’; (C) by striking paragraph (5); (D) by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively; (E) in paragraph (5), as redesignated by subparagraph (D), by striking ‘‘In addition to the adjustment under para- graph (5)(A), the’’ and inserting ‘‘The’’; (F) in subparagraph (A) of paragraph (7), as so redesig- nated, by striking ‘‘paragraph (10)’’ and inserting ‘‘para- graph (9)’’; (G) in paragraph (8), as so redesignated, by striking ‘‘December 31, 2040’’ and inserting ‘‘the date described in subsection (d)(1)’’; and (H) in subparagraph (A) of paragraph (9), as so redesig- nated, by striking ‘‘paragraphs (2)(C) and (8)’’ and inserting ‘‘paragraphs (2)(C) and (7)’’. (2) EFFECTIVE DATE.—The amendment to section 3112A(c)(2)(A)(xi) of the USEC Privatization Act (42 U.S.C. 2297h–10a(c)(2)(A)(xi)) made by paragraph (1)(A) of this sub- section shall take effect on the date that is 90 days after the date of the enactment of this Act. Approved May 13, 2024. Time period. 42 USC 2297h–10a note. VerDate Sep 11 2014 08:50 May 24, 2024 Jkt 049139 PO 00062 Frm 00004 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL062.118 PUBL062 jmbennett on LAPBW6H6L3PROD with PUBLAW

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