II
118th CONGRESS
1st Session
S. 763
IN THE SENATE OF THE UNITED STATES
March 9, 2023
Mr. Barrasso (for himself, Mr. Manchin, Mr. Risch, Mr. Heinrich, Ms. Lummis, Mr. Coons, and Mr. Marshall) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To prohibit the importation into the United States of unirradiated low-enriched uranium that is produced in the Russian Federation or by a Russian entity, and for other purposes.
Short title
This Act may be cited as the Reduce Russian Uranium Imports Act
.
Amendments to the USEC Privatization Act
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:
Prohibition on imports of low-Enriched uranium
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), no unirradiated low-enriched uranium that is produced in the Russian Federation or by a Russian entity may be imported into the United States.
Waiver
In general
Subject 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—
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
importation of low-enriched uranium that is produced in the Russian Federation or by a Russian entity is in the national interest.
Limitation on amounts of imports of low-enriched uranium
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 or by a Russian entity, whether or not such low-enriched uranium is derived from highly enriched uranium of weapons origin, may not exceed—
in calendar year 2023, 578,877 kilograms;
in calendar year 2024, 476,536 kilograms;
in calendar year 2025, 470,376 kilograms;
in calendar year 2026, 464,183 kilograms; and
in calendar year 2027, 459,083 kilograms.
Administration
The Secretary of Commerce shall—
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);
be responsible for enforcing the import limitations described in clause (i); and
enforce the import limitations described in clause (i) in a manner that imposes a minimal burden on the commercial nuclear industry.
Termination
Any waiver issued under subparagraph (A) shall terminate not later than January 1, 2028.
Notification to Congress
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.
Committees specified
The committees specified in this clause are—
the Committee on Energy and Natural Resources and the Committee on Finance of the Senate; and
the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives.
Applicability
This subsection does not apply to imports—
by or under contract to the Department of Energy for national security or nonproliferation purposes; or
of non-uranium isotopes.
Termination
The provisions of this subsection shall terminate on December 31, 2040.
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.
.
Conforming amendments
In general
Section 3112A(c) of the USEC Privatization Act (42 U.S.C. 2297h–10a(c)) is amended—
in paragraph (2)—
in subparagraph (A)—
in clause (viii), by inserting and
after the semicolon at the end;
in clause (ix), by striking the semicolon and inserting a period; and
by striking clauses (x) through (xxvii); and
in subparagraph (C)(i), by striking paragraph (10)
and inserting paragraph (9)
;
in paragraph (3), by striking United States
and all that follows through for processing
and inserting United States for processing
;
by striking paragraph (5);
by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively;
in paragraph (5), as redesignated by subparagraph (D), by striking In addition to the adjustment under paragraph (5)(A), the
and inserting The
;
in subparagraph (A) of paragraph (7), as so redesignated, by striking paragraph (10)
and inserting paragraph (9)
;
in paragraph (8), as so redesignated, by striking December 31, 2040
and inserting the date described in subsection (d)(1)
; and
in subparagraph (A) of paragraph (9), as so redesignated, by striking paragraphs (2)(C) and (8)
and inserting paragraphs (2)(C) and (7)
.
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 the enactment of this Act.