Amendments to the USEC Privatization Act

(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 enactment of this subsection, and subject to paragraphs (2) and (3), no unirradiated low-enriched uranium that is produced in the Russian Federation may be imported into the United States. (2)

Waiver

(A)

In general

Subject to subparagraph (B), the Secretary of Energy, in consultation with the Secretary of State and the Secretary of Commerce, may waive application of paragraph (1) to authorize the importation of unirradiated low-enriched uranium that is produced in the Russian Federation 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 that is produced in the Russian Federation 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, 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 2023, 578,877 kilograms; (II)in calendar year 2024, 476,536 kilograms; (III)in calendar year 2025, 470,376 kilograms; (IV)in calendar year 2026, 464,183 kilograms; and (V)in calendar year 2027, 459,083 kilograms. (ii)

Termination

Any waiver issued under this subsection shall terminate not later than January 1, 2028. (C)

Administration

The Secretary of Commerce shall— (i)administer the import limitations described in subparagraph (B) 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 subparagraph (B); and (iii)enforce the import limitations described in subparagraph (B) in a manner that imposes a minimal burden on the commercial nuclear industry. (D)

Notification to Congress

Upon issuing a waiver under subparagraph (A), the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Committee on Energy and Natural Resources of the Senate a notification that a waiver has been issued, which shall include identification of the recipient of the waiver. (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, as determined by the Secretary of Energy; or (B)of non-uranium isotopes. (4)

Termination

The provisions of this subsection shall terminate on December 31, 2040.

(b)

Conforming amendments

(1)

In general

Section 3112A(c) of the USEC Privatization Act (42 U.S.C. 2297h–10a(c)) is amended— (A)in paragraph (2)— (i)in subparagraph (A)— (I)in clause (viii), by inserting and after the semicolon at the end; (II)in clause (ix), by striking the semicolon and inserting a period; and (III)by striking clauses (x) 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 paragraph (5)(A), the and inserting The; (F)in subparagraph (A) of paragraph (7), as so redesignated, by striking paragraph (10) and inserting paragraph (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 redesignated, 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)(x) of the USEC Privatization Act (42 U.S.C. 2297h–10a(c)(2)(A)(x)) made by paragraph (1)(A) of this subsection shall take effect on the date that is 90 days after the date of enactment of this Act.

Market evaluation and support

Not later than 60 days after the date of enactment of this Act, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, and the Committee on Energy and Natural Resources of the Senate a report that includes— (1)an evaluation, with respect to the 5-year period that begins on the date of enactment of this Act, of the anticipated supply of low-enriched uranium (as defined in section 3112A(a) of the USEC Privatization Act (42 U.S.C. 2297h–10a(a))) available to replace imports of low-enriched uranium produced in the Russian Federation, taking into account— (A)waivers authorized to be issued under section 3112A(d) of the USEC Privatization Act (as added by section 2 of this Act); (B)private and government inventories of low-enriched uranium; (C)market demand for low-enriched uranium products; and (D)current orders and announced plans for expansion of low-enriched uranium production capacity, including domestic production capacity; and (2)a description of proposed Department of Energy assistance, if the Secretary determines such assistance is needed based on the evaluation under paragraph (1), to support the expansion of domestic low-enriched uranium production capacity sufficient to meet domestic market demand for low-enriched uranium, taking into consideration— (A)market competition for low-enriched uranium production services; (B)low-enriched uranium supply diversity; and (C)the long-term uranium fuel supply needs of the United States.