Defending Against Rosatom Exports Act

I 116TH CONGRESS 2D SESSION H. R. 7141 To extend limitations on the importation of uranium from the Russian Federation, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 8, 2020 Ms. TORRES SMALL of New Mexico (for herself and Mr. BISHOP of Utah) in- troduced the following bill; which was referred to the Committee on En- ergy and Commerce, and in addition to the Committee on Foreign Af- fairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To extend limitations on the importation of uranium from the Russian Federation, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Defending Against 4 Rosatom Exports Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 01:09 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7141.IH H7141 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7141 IH (1) Russia has repeatedly used its energy re- 1 sources as a tool to advance its policy goals and as 2 a weapon to manipulate the decisions of other coun- 3 tries. 4 (2) Such efforts include the nuclear energy sec- 5 tor, in which the Rosatom State Nuclear Energy 6 Corporation (ROSATOM) uses subsidies and other 7 state support to advance the political goals of Rus- 8 sia’s leadership. 9 (3) Russia has long sought to expand its role 10 and influence in the nuclear energy sector of the 11 United States and of United States allies and part- 12 ners. 13 (4) Since October 1992, the Department of 14 Commerce has suspended an antidumping duty in- 15 vestigation involving uranium from Russia on the 16 basis of an agreement by Russia to restrict the vol- 17 ume of exports of uranium to the United States in 18 order to prevent the suppression or undercutting of 19 price levels of United States uranium. 20 (5) That agreement to suspend such anti- 21 dumping duty investigation is set to expire at the 22 end of 2020. 23 (6) Section 3112A of the USEC Privatization 24 Act (42 U.S.C. 2997h–10a), commonly known as the 25 VerDate Sep 11 2014 01:09 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7141.IH H7141 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7141 IH ‘‘Domenici Amendment’’, provides limits on the im- 1 portation into the United States of low-enriched ura- 2 nium produced in Russia through 2020. 3 (7) While Russia has mounted a disinformation 4 campaign regarding the suitability of using nuclear 5 fuel produced by United States companies in Rus- 6 sian-built nuclear reactors, ROSATOM is seeking to 7 produce nuclear fuel for use in United States reac- 8 tors. 9 SEC. 3. STATEMENT OF POLICY. 10 It is the policy of the United States to— 11 (1) ensure that the United States is not de- 12 pendent on Russian energy sources, including low- 13 enriched uranium and the inputs for nuclear fuel; 14 (2) assist United States allies and partner 15 countries to reduce their dependency on Russian en- 16 ergy sources, including nuclear power and the inputs 17 for nuclear fuel; and 18 (3) use all necessary tools, including the De- 19 partment of Commerce’s entity list, to ensure that 20 technology transferred to entities in Russia’s civil 21 nuclear sector do not— 22 (A) in any way contribute to Russia’s nu- 23 clear weapons program; or 24 VerDate Sep 11 2014 01:09 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7141.IH H7141 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7141 IH (B) enable Russia to expand its export of 1 nuclear power to the United States or United 2 States allies and partners. 3 SEC. 4. EXTENSION OF LIMITATIONS ON IMPORTATION OF 4 URANIUM FROM THE RUSSIAN FEDERATION. 5 (a) IN GENERAL.—Section 3112A(c) of the USEC 6 Privatization Act (42 U.S.C. 2297h–10a(c)) is amended— 7 (1) in paragraph (2)— 8 (A) in subparagraph (A)— 9 (i) in clause (vi), by striking ‘‘; and’’ 10 and inserting a semicolon; 11 (ii) in clause (vii), by striking the pe- 12 riod at the end and inserting a semicolon; 13 and 14 (iii) by adding at the end the fol- 15 lowing: 16 ‘‘(viii) in calendar year 2021, 362,045 17 kilograms; 18 ‘‘(ix) in calendar year 2022, 356,499 19 kilograms; 20 ‘‘(x) in calendar year 2023, 351,242 21 kilograms; 22 ‘‘(xi) in calendar year 2024, 346,974 23 kilograms; 24 VerDate Sep 11 2014 01:09 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7141.IH H7141 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7141 IH ‘‘(xii) in calendar year 2025, 342,489 1 kilograms; 2 ‘‘(xiii) in calendar year 2026, 337,979 3 kilograms; 4 ‘‘(xiv) in calendar year 2027, 334,266 5 kilograms; 6 ‘‘(xv) in calendar year 2028, 334,266 7 kilograms; 8 ‘‘(xvi) in calendar year 2029, 330,190 9 kilograms; 10 ‘‘(xvii) in calendar year 2030, 11 322,450 kilograms; 12 ‘‘(xviii) in calendar year 2031, 13 319,267 kilograms; 14 ‘‘(xix) in calendar year 2032, 312,853 15 kilograms; 16 ‘‘(xx) in calendar year 2033, 308,271 17 kilograms; 18 ‘‘(xxi) in calendar year 2034, 289,390 19 kilograms; and 20 ‘‘(xxii) in calendar year 2035, 21 285,918 kilograms.’’; 22 (B) by redesignating subparagraph (B) as 23 subparagraph (C); and 24 VerDate Sep 11 2014 01:09 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7141.IH H7141 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7141 IH (C) by inserting after subparagraph (A) 1 the following: 2 ‘‘(B) SEPARATIVE WORK UNITS REQUIRE- 3 MENT.—Not more than 25 percent of the quan- 4 tity of low-enriched uranium produced in the 5 Russian Federation and imported under sub- 6 paragraph (A) in any year may be imported 7 under contracts other than contracts exclusively 8 for separative work units.’’; 9 (2) in paragraph (3), by striking ‘‘United 10 States—’’ and all that follows and inserting the fol- 11 lowing: ‘‘United States for processing and to be cer- 12 tified for reexportation and not for consumption in 13 the United States.’’; 14 (3) in paragraph (5)— 15 (A) in subparagraph (A)— 16 (i) by striking ‘‘reference data’’ and 17 all that follows through ‘‘2019’’ and insert- 18 ing the following: ‘‘Lower Scenario data in 19 the 2019 report of the World Nuclear As- 20 sociation entitled ‘The Nuclear Fuel Re- 21 port: Global Scenarios for Demand and 22 Supply Availability 2019–2040’. In each of 23 calendar years 2022, 2025, 2028, 2031, 24 and 2034’’; and 25 VerDate Sep 11 2014 01:09 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7141.IH H7141 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 7141 IH (ii) by striking ‘‘report or a subse- 1 quent report’’ and inserting ‘‘report’’; 2 (B) by redesignating subparagraphs (B) 3 and (C) as subparagraphs (C) and (D), respec- 4 tively; 5 (C) by inserting after subparagraph (A) 6 the following: 7 ‘‘(B) REPORT REQUIRED.—Not later than 8 one year after the date of the enactment of the 9 Defending Against Rosatom Exports Act, and 10 every 3 years thereafter, the Secretary of Com- 11 merce shall submit to Congress a report that 12 includes— 13 ‘‘(i) a recommendation on the use of 14 all publicly available data to ensure accu- 15 rate forecasting by scenario data to com- 16 port to actual demand for low-enriched 17 uranium for nuclear reactors in the United 18 States; and 19 ‘‘(ii) an identification of the steps to 20 be taken to adjust the import limitations 21 described in paragraph (2)(A) based on the 22 most accurate scenario data.’’; and 23 (D) in subparagraph (D), as redesignated 24 by subparagraph (B) of this paragraph, by 25 VerDate Sep 11 2014 01:09 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7141.IH H7141 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 7141 IH striking ‘‘subparagraph (B)’’ and inserting 1 ‘‘subparagraph (C)’’; 2 (4) in paragraph (7)(A), by striking ‘‘0.3 per- 3 cent’’ and inserting ‘‘0.16 percent’’; 4 (5) in paragraph (9), by striking ‘‘2020’’ and 5 inserting ‘‘2035’’; and 6 (6) by striking ‘‘(2)(B)’’ each place it appears 7 and inserting ‘‘(2)(C)’’. 8 (b) APPLICABILITY.—The amendments made by sub- 9 section (a) apply with respect to uranium imported from 10 the Russian Federation on or after January 1, 2021. 11 SEC. 5. REPORTS AND BRIEFINGS TO CONGRESS. 12 (a) SECRETARY OF STATE.—Not later than 180 days 13 after the date of the enactment of this Act, the Secretary 14 of State shall submit to the appropriate congressional 15 committees a report, which shall be in an unclassified 16 form, but may contain a classified annex, that provides 17 an assessment of Russia’s attempts to use its civil nuclear 18 sector as a tool of malign influence and includes the fol- 19 lowing elements: 20 (1) An analysis of the extent to which Russian 21 civil nuclear-related enterprises advance policy goals 22 of Russia instead of strictly commercial interests. 23 VerDate Sep 11 2014 01:09 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7141.IH H7141 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 7141 IH (2) A description of Russian efforts to increase 1 their role in the civil nuclear sector of the United 2 States and United States allies and partners. 3 (3) A description of Russian disinformation ef- 4 forts against United States and other non-Russian 5 civil nuclear-related companies. 6 (4) An analysis of the national security threat 7 posed by deeper Russian involvement in the civil nu- 8 clear sector of the United States. 9 (5) A description of any links between Russia’s 10 civil nuclear sector and its nuclear weapons pro- 11 gram. 12 (b) SECRETARY OF ENERGY.—Not later than 180 13 days after the date of enactment of this Act, the Secretary 14 of Energy shall submit to the appropriate congressional 15 committees a report, which shall be in an unclassified 16 form, but may contain a classified annex, that describes 17 any ongoing efforts by the United States Government or 18 United States persons to introduce Russian-fabricated or 19 Russian-designed nuclear fuel into reactors located in the 20 United States. 21 (c) SECRETARY OF COMMERCE.—Not later than July 22 1, 2020, or 30 days after the date of the enactment of 23 this Act, whichever is later, the Secretary of Commerce 24 shall provide a briefing to the appropriate congressional 25 VerDate Sep 11 2014 01:09 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7141.IH H7141 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 7141 IH committees on the status of negotiations to extend beyond 1 2020 the agreement to suspend the antidumping duty in- 2 vestigation limiting the importation into the United States 3 of low-enriched uranium produced in Russia. 4 SEC. 6. DEFINITION. 5 In this Act, the term ‘‘appropriate congressional com- 6 mittees’’ means— 7 (1) the Committee on Foreign Affairs, the 8 Committee on Ways and Means, and the Committee 9 on Energy and Commerce of the House of Rep- 10 resentatives; and 11 (2) the Committee on Foreign Relations, the 12 Committee on Finance, and the Committee on En- 13 ergy and Natural Resources of the Senate. 14 Æ VerDate Sep 11 2014 01:09 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H7141.IH H7141 pbinns on DSKJLVW7X2PROD with BILLS