Russian Suspension Agreement Extension Act of 2020

II 116TH CONGRESS 2D SESSION S. 4694 To extend and expand limitations on the importation of uranium from the Russian Federation, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 24, 2020 Mr. BARRASSO (for himself, Mr. HEINRICH, Ms. MURKOWSKI, Mr. RISCH, Mr. GRAHAM, Mr. CRAMER, Mr. COTTON, and Mr. MANCHIN) introduced the following bill; which was read twice and referred to the Committee on En- ergy and Natural Resources A BILL To extend and expand 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 ‘‘Russian Suspension 4 Agreement Extension Act of 2020’’. 5 VerDate Sep 11 2014 22:28 Oct 14, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4694.IS S4694 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4694 IS SEC. 2. EXTENSION AND EXPANSION OF LIMITATIONS ON 1 IMPORTATION OF URANIUM FROM RUSSIAN 2 FEDERATION. 3 (a) IN GENERAL.—Section 3112A of the USEC Pri- 4 vatization Act (42 U.S.C. 2297h–10a) is amended— 5 (1) in subsection (a)— 6 (A) by redesignating paragraph (7) as 7 paragraph (8); and 8 (B) by inserting after paragraph (6) the 9 following: 10 ‘‘(7) SUSPENSION AGREEMENT.—The term 11 ‘Suspension Agreement’ has the meaning given that 12 term in section 3102(13).’’; 13 (2) in subsection (b)— 14 (A) by striking ‘‘United States to support’’ 15 and inserting the following: ‘‘United States— 16 ‘‘(1) to support’’; 17 (B) by striking the period at the end and 18 inserting a semicolon; and 19 (C) by adding at the end the following: 20 ‘‘(2) to reduce reliance on uranium imports in 21 order to protect essential national security interests; 22 ‘‘(3) to revive and strengthen the supply chain 23 for nuclear fuel produced and used in the United 24 States; and 25 VerDate Sep 11 2014 22:28 Oct 14, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4694.IS S4694 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4694 IS ‘‘(4) to expand production of nuclear fuel in the 1 United States.’’; and 2 (3) in subsection (c)— 3 (A) in paragraph (2)— 4 (i) in subparagraph (A)— 5 (I) in clause (vi), by striking ‘‘; 6 and’’ and inserting a semicolon; 7 (II) in clause (vii), by striking 8 the period at the end and inserting a 9 semicolon; and 10 (III) by adding at the end the 11 following: 12 ‘‘(viii) in calendar year 2021, 596,682 13 kilograms; 14 ‘‘(ix) in calendar year 2022, 489,617 15 kilograms; 16 ‘‘(x) in calendar year 2023, 578,877 17 kilograms; 18 ‘‘(xi) in calendar year 2024, 476,536 19 kilograms; 20 ‘‘(xii) in calendar year 2025, 470,376 21 kilograms; 22 ‘‘(xiii) in calendar year 2026, 464,183 23 kilograms; 24 VerDate Sep 11 2014 22:28 Oct 14, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4694.IS S4694 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4694 IS ‘‘(xiv) in calendar year 2027, 459,083 1 kilograms; 2 ‘‘(xv) in calendar year 2028, 344,312 3 kilograms; 4 ‘‘(xvi) in calendar year 2029, 340,114 5 kilograms; 6 ‘‘(xvii) in calendar year 2030, 7 332,141 kilograms; 8 ‘‘(xviii) in calendar year 2031, 9 328,862 kilograms; 10 ‘‘(xix) in calendar year 2032, 322,255 11 kilograms; 12 ‘‘(xx) in calendar year 2033, 317,536 13 kilograms; 14 ‘‘(xxi) in calendar year 2034, 298,088 15 kilograms; 16 ‘‘(xxii) in calendar year 2035, 17 294,511 kilograms; 18 ‘‘(xxiii) in calendar year 2036, 19 286,066 kilograms; 20 ‘‘(xxiv) in calendar year 2037, 21 281,272 kilograms; 22 ‘‘(xxv) in calendar year 2038, 277,124 23 kilograms; 24 VerDate Sep 11 2014 22:28 Oct 14, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4694.IS S4694 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4694 IS ‘‘(xxvi) in calendar year 2039, 1 277,124 kilograms; and 2 ‘‘(xxvii) in calendar year 2040, 3 267,685 kilograms.’’; 4 (ii) by redesignating subparagraph 5 (B) as subparagraph (C); and 6 (iii) by inserting after subparagraph 7 (A) the following: 8 ‘‘(B) ADMINISTRATION.— 9 ‘‘(i) IN GENERAL.—The Secretary of 10 Commerce shall administer the import lim- 11 itations described in subparagraph (A) in 12 accordance with the provisions of the Sus- 13 pension Agreement, including— 14 ‘‘(I) the limitations on sales of 15 enriched uranium product and separa- 16 tive work units plus conversion, in 17 amounts determined in accordance 18 with Section IV.B.1 of the Suspension 19 Agreement (as amended by the draft 20 amendment published in the Federal 21 Register on September 16, 2020 (85 22 Fed. Reg. 57826)), and Appendix 5 of 23 the Suspension Agreement; 24 VerDate Sep 11 2014 22:28 Oct 14, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4694.IS S4694 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4694 IS ‘‘(II) the requirements for nat- 1 ural uranium returned feed associated 2 with imports of low-enriched uranium, 3 including pursuant to sales of enrich- 4 ment, with or without conversion, 5 from the Russian Federation, as set 6 forth in such Section IV.B.1; and 7 ‘‘(III) any other provisions of the 8 Suspension Agreement. 9 ‘‘(ii) EFFECT OF TERMINATION OF 10 SUSPENSION AGREEMENT.—Clause (i) 11 shall remain in effect if the Suspension 12 Agreement is terminated.’’; 13 (B) in paragraph (3)— 14 (i) in subparagraph (A), by striking 15 the semicolon and inserting ‘‘; or’’; 16 (ii) in subparagraph (B), by striking 17 ‘‘; or’’ and inserting a period; and 18 (iii) by striking subparagraph (C); 19 (C) in paragraph (5)— 20 (i) in subparagraph (A), by striking 21 ‘‘reference data’’ and all that follows 22 through ‘‘2019’’ and inserting the fol- 23 lowing: ‘‘lower scenario data in the report 24 of the World Nuclear Association entitled 25 VerDate Sep 11 2014 22:28 Oct 14, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4694.IS S4694 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4694 IS ‘The Nuclear Fuel Report: Global Sce- 1 narios for Demand and Supply Availability 2 2019–2040’. In each of calendar years 3 2023, 2029, and 2035’’; and 4 (ii) by redesignating subparagraphs 5 (B) and (C) as subparagraphs (C) and 6 (D), respectively; 7 (iii) by inserting after subparagraph 8 (A) the following: 9 ‘‘(B) REPORT REQUIRED.—Not later than 10 one year after the date of the enactment of the 11 Russian Suspension Agreement Extension Act 12 of 2020, and every 3 years thereafter, the Sec- 13 retary shall submit to Congress a report that 14 includes— 15 ‘‘(i) a recommendation on the use of 16 all publicly available data to ensure accu- 17 rate forecasting by scenario data to com- 18 port to actual demand for low-enriched 19 uranium for nuclear reactors in the United 20 States; and 21 ‘‘(ii) an identification of the steps to 22 be taken to adjust the import limitations 23 described in paragraph (2)(A) based on the 24 most accurate scenario data.’’; and 25 VerDate Sep 11 2014 22:28 Oct 14, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4694.IS S4694 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4694 IS (iv) in subparagraph (D), as redesig- 1 nated by clause (ii), by striking ‘‘subpara- 2 graph (B)’’ and inserting ‘‘subparagraph 3 (C)’’; 4 (D) in paragraph (9), by striking ‘‘2020’’ 5 and inserting ‘‘2040’’; 6 (E) in paragraph (12)(B), by inserting ‘‘or 7 the Suspension Agreement’’ after ‘‘the Russian 8 HEU Agreement’’; and 9 (F) by striking ‘‘(2)(B)’’ each place it ap- 10 pears and inserting ‘‘(2)(C)’’. 11 (b) APPLICABILITY.—The amendments made by sub- 12 section (a) apply with respect to uranium imported from 13 the Russian Federation on or after January 1, 2021. 14 Æ VerDate Sep 11 2014 22:28 Oct 14, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S4694.IS S4694 kjohnson on DSK79L0C42PROD with BILLS