§2297h–10a — Title 42 The Public Health and Welfare | U.S. Code

Summary

Limits imports of certain Russian uranium and ties extra imports to verified downblending of Russian weapons uranium. Key words: "completion of the Russian HEU Agreement" means imports from downblending of at least 500 metric tons of weapons highly enriched uranium (HEU); "downblending" means reducing HEU to under 20% uranium-235; "highly enriched uranium of weapons origin" means 90% or more uranium-235 and verified by the Secretary of Energy; "low-enriched uranium" means uranium with under 20% uranium-235 (in forms like UF6 or UO2); "uranium-235" is the isotope 235U; "Russian HEU Agreement" and "Suspension Agreement" are named agreements used here. Before the HEU Agreement is completed, annual import caps apply: in the 4-year span starting 2008, 16,559 kilograms; in 2012, 24,839 kilograms; and in 2013 and each year until completion, 41,398 kilograms. After completion, set yearly caps apply for 2014 through 2023 (485,279 kg in 2014; 455,142 kg in 2015; 480,146 kg in 2016; 490,710 kg in 2017; 492,731 kg in 2018; 509,058 kg in 2019; 514,754 kg in 2020; 596,682 kg in 2021; 489,617 kg in 2022; 578,877 kg in 2023). If Russia agrees to downblend an extra 300 metric tons after completion, an extra 4 kilograms of low-enriched uranium may be imported for every 1 kilogram of Russian weapons HEU downblended the prior year, subject to Energy Department verification, but not more than 120,000 kilograms in any year. The Secretary of Energy must verify origin, quantity, and uranium-235 content using agreed transparency and access measures. Imports are counted in terms of uranium containing 4.4% uranium-235 with a 0.3% tails assay, and Commerce administers and enforces the limits under the Suspension Agreement while minimizing burden on industry. Downblending of HEU not of weapons origin can count if the Secretary of Energy finds it poses a U.S. national security risk; such amounts are converted to 90% HEU equivalents for counting. Starting 90 days after May 13, 2024, unirradiated low-enriched uranium made in Russia or by Russian entities, or swapped to avoid the rule, may not be imported. The Secretary of Energy, with State and Commerce, may waive that ban if no viable alternative source exists to keep a reactor or U.S. nuclear company running, or if it is in the national interest. Any waiver must follow yearly import caps while in effect: 476,536 kg for 2024; 470,376 kg for 2025; 464,183 kg for 2026; and 459,083 kg for 2027. Waivers end no later than January 1, 2028, and the ban does not apply to DOE national security or nonproliferation imports or to non-uranium isotopes. The rules in the import-limits subsection end when the 90-day-after-May-13-2024 date begins, and the ban subsection ends on December 31, 2040.

Title 42, §2297h–10a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this section:

(1)The term “completion of the Russian HEU Agreement” means the importation into the United States from the Russian Federation pursuant to the Russian HEU Agreement of uranium derived from the downblending of not less than 500 metric tons of highly enriched uranium of weapons origin.

(2)The term “downblending” means processing highly enriched uranium into a uranium product in any form in which the uranium contains less than 20 percent uranium-235.

(3)The term “highly enriched uranium” has the meaning given that term in section 2297h(4) of this title.

(4)The term “highly enriched uranium of weapons origin” means highly enriched uranium that—

(A)contains 90 percent or more uranium-235; and

(B)is verified by the Secretary of Energy to be of weapons origin.

(5)The term “low-enriched uranium” means a uranium product in any form, including uranium hexafluoride (UF6) and uranium oxide (UO2), in which the uranium contains less than 20 percent uranium-235, including natural uranium, without regard to whether the uranium is incorporated into fuel rods or complete fuel assemblies.

(6)The term “Russian HEU Agreement” has the meaning given that term in section 2297h(11) of this title.

(7)The term “Suspension Agreement” has the meaning given that term in section 2297h(13) of this title.

(8)The term “uranium-235” means the isotope 235U.

(b)It is the policy of the United States—

(1)to support the continued downblending of highly enriched uranium of weapons origin in the Russian Federation in order to protect the essential security interests of the United States with respect to the nonproliferation of nuclear weapons;

(2)to reduce reliance on uranium imports in order to protect essential national security interests;

(3)to revive and strengthen the supply chain for nuclear fuel produced and used in the United States; and

(4)to expand production of nuclear fuel in the United States.

(c)(1)Prior to the completion of the Russian HEU Agreement, 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 and is not imported pursuant to the Russian HEU Agreement, may not exceed the following amounts:

(A)In the 4-year period beginning with calendar year 2008, 16,559 kilograms.

(B)In calendar year 2012, 24,839 kilograms.

(C)In calendar year 2013 and each calendar year thereafter through the calendar year of the completion of the Russian HEU Agreement, 41,398 kilograms.

(2)(A)After the completion of the Russian HEU Agreement, 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 2014, 485,279 kilograms;

(ii)in calendar year 2015, 455,142 kilograms;

(iii)in calendar year 2016, 480,146 kilograms;

(iv)in calendar year 2017, 490,710 kilograms;

(v)in calendar year 2018, 492,731 kilograms;

(vi)in calendar year 2019, 509,058 kilograms;

(vii)in calendar year 2020, 514,754 kilograms;

(viii)in calendar year 2021, 596,682 kilograms;

(ix)in calendar year 2022, 489,617 kilograms; and

(x)in calendar year 2023, 578,877 kilograms.

(B)(i)The Secretary of Commerce shall administer the import limitations described in subparagraph (A) in accordance with the provisions of the Suspension Agreement, including—

(I)the limitations on sales of enriched uranium product and separative work units plus conversion, in amounts determined in accordance with Section IV.B.1 of the Suspension Agreement (as amended by the amendment published in the Federal Register on October 9, 2020 (85 Fed. Reg. 64112));

(II)the export limit allocations set forth in Appendix 5 of the Suspension Agreement (as so amended);

(III)the requirements for natural uranium returned feed associated with imports of low-enriched uranium, including pursuant to sales of enrichment, with or without conversion, from the Russian Federation, as set forth in Section IV.B.1 of the Suspension Agreement (as so amended);

(IV)any other provisions of the Suspension Agreement (as so amended); and

(V)any related administrative guidance issued by the Department of Commerce.

(ii)Clause (i) shall remain in effect if the Suspension Agreement is terminated.

(C)(i)In addition to the amount authorized to be imported under subparagraph (A) and except as provided in clause (ii), if the Russian Federation enters into a bilateral agreement with the United States under which the Russian Federation agrees to downblend an additional 300 metric tons of highly enriched uranium after the completion of the Russian HEU Agreement, 4 kilograms of low-enriched uranium, whether or not such low-enriched uranium is derived from highly enriched uranium of weapons origin and including low-enriched uranium obtained under contracts for separative work units, may be imported in a calendar year for every 1 kilogram of Russian highly enriched uranium of weapons origin that was downblended in the preceding calendar year, subject to the verification of the Secretary of Energy under paragraph (9).

(ii)Not more than 120,000 kilograms of low-enriched uranium may be imported in a calendar year under clause (i).

(3)The import limitations described in paragraphs (1) and (2) shall not apply to low-enriched uranium produced in the Russian Federation that is imported into the United States for processing and to be certified for reexportation and not for consumption in the United States.

(4)(A)Notwithstanding paragraph (1)(C), if the completion of the Russian HEU Agreement does not occur before December 31, 2013, the import limitations under paragraph (1)(C) shall be waived, and low-enriched uranium may be imported into the United States in the quantities specified in paragraph (2) in a calendar year after 2013, if—

(i)the Secretary of Energy and the Secretary of State jointly determine that—

(I)the failure of the completion of the Russian HEU Agreement arises from causes beyond the control and without the fault or negligence of the Government of the Russian Federation; and

(II)the Government of the Russian Federation has made reasonable efforts to avoid and mitigate the effects of the failure of the completion of the Russian HEU Agreement; and

(ii)the Secretary of Energy and the Secretary of State jointly notify Congress of, and publish in the Federal Register, the determination under clause (i) and the reasons for the determination.

(B)A waiver under subparagraph (A) may not take effect until the date that is 180 days after the date on which Secretary of Energy and the Secretary of State notify Congress under subparagraph (A)(ii).

(C)A waiver under subparagraph (A) shall terminate on December 31 of the calendar year with respect to which the Secretary makes the determination under subparagraph (A)(i).

(5)The Secretary of Commerce may adjust the import limitations under paragraph (2)(A) for a calendar year if the Secretary—

(A)in consultation with the Secretary of Energy, determines that the available supply of low-enriched uranium and the available stockpiles of uranium of the Department of Energy are insufficient to meet demand in the United States in the following calendar year; and

(B)notifies Congress of the adjustment not less than 45 days before making the adjustment.

(6)(A)The import limitations described in paragraphs (1) and (2) are expressed in terms of uranium containing 4.4 percent uranium-235 and a tails assay of 0.3 percent.

(B)Imports of low-enriched uranium under paragraphs (1) and (2), including low-enriched uranium obtained under contracts for separative work units, shall count against the import limitations described in such paragraphs in amounts calculated as the quantity of low-enriched uranium containing 4.4 percent uranium-235 necessary to equal the total amount of uranium-235 contained in such imports.

(7)(A)The downblending of highly enriched uranium not of weapons origin may be counted for purposes of paragraph (2)(C), subject to verification under paragraph (9), if the Secretary of Energy determines that the highly enriched uranium to be downblended poses a risk to the national security of the United States.

(B)For purposes of determining the additional low-enriched uranium imports allowed under paragraph (2)(C), highly enriched uranium not of weapons origin downblended pursuant to subparagraph (A) shall count as downblended highly enriched uranium of weapons origin in amounts calculated as the quantity of highly enriched uranium containing 90 percent uranium-235 necessary to equal the total amount of uranium-235 contained in the highly enriched uranium not of weapons origin downblended pursuant to subparagraph (A).

(8)The provisions of this subsection shall terminate on the date described in subsection (d)(1).

(9)(A)The Secretary of Energy shall verify the origin, quantity, and uranium-235 content of the highly enriched uranium downblended for purposes of paragraphs (2)(C) and (7).

(B)In conducting the verification required under subparagraph (A), the Secretary of Energy shall employ the transparency measures and access provisions agreed to under the Russian HEU Agreement for monitoring the downblending of Russian highly enriched uranium of weapons origin and such other methods as the Secretary determines appropriate.

(10)The Secretary of Commerce shall be responsible for enforcing the import limitations imposed under this subsection and shall enforce such import limitations in a manner that imposes a minimal burden on the commercial nuclear industry.

(11)(A)Nothing in this section shall be construed to modify the terms of the Russian HEU Agreement, including the provisions of the Agreement relating to the amount of low-enriched uranium that may be imported into the United States.

(B)If a provision of any agreement between the United States and the Russian Federation, other than the Russian HEU Agreement or the Suspension Agreement, relating to the importation of low-enriched uranium, including low-enriched uranium obtained under contracts for separative work units, into the United States conflicts with a provision of this section, the provision of this section shall supersede the provision of the agreement to the extent of the conflict.

(d)(1)Beginning on the date that is 90 days after May 13, 2024, and subject to paragraphs (2) and (3), the following may not be imported into the United States:

(A)Unirradiated low-enriched uranium that is produced in the Russian Federation or by a Russian entity.

(B)Unirradiated low-enriched uranium that is determined to have been exchanged with, swapped for, or otherwise obtained in lieu of unirradiated low-enriched uranium described in subparagraph (A) in a manner designed to circumvent the restrictions under this section.

(2)(A)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—

(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)(i)The importation into the United States of low-enriched uranium described in paragraph (1), including low-enriched uranium obtained under 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 kilograms; and

(IV)in calendar year 2027, 459,083 kilograms.

(ii)The Secretary of Commerce shall—

(I)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);

(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)Any waiver issued under subparagraph (A) shall terminate not later than January 1, 2028.

(D)(i)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)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)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)The provisions of this subsection shall terminate on December 31, 2040.

(5)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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the USEC Privatization Act and also as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

Amendments

2024—Subsec. (c)(2)(A)(xi) to (xxvii). Pub. L. 118–62, § 2(b)(1)(A)(i), struck out cls. (xi) to (xxvii) which provided limitations on importation of Russian low-enriched uranium for calendar years 2024 to 2040. Subsec. (c)(2)(C)(i). Pub. L. 118–62, § 2(b)(1)(A)(ii), substituted “paragraph (9)” for “paragraph (10)”. Subsec. (c)(3). Pub. L. 118–62, § 2(b)(1)(B), substituted “United States” for “United States—” and struck out subpar. (B) designation before “for processing” and subpar. (A) which read as follows: “for use in the initial core of a new nuclear reactor; or”. Subsec. (c)(5). Pub. L. 118–62, § 2(b)(1)(E), substituted “The” for “In addition to the adjustment under paragraph (5)(A), the” in introductory provisions. Pub. L. 118–62, § 2(b)(1)(C), (D), redesignated par. (6) as (5) and struck out former par. (5) which related to adjustments to import limitations. Subsec. (c)(6). Pub. L. 118–62, § 2(b)(1)(D), redesignated par. (7) as (6). Former par. (6) redesignated (5). Subsec. (c)(7). Pub. L. 118–62, § 2(b)(1)(D), redesignated par. (8) as (7). Former par. (7) redesignated (6). Subsec. (c)(7)(A). Pub. L. 118–62, § 2(b)(1)(F), substituted “paragraph (9)” for “paragraph (10)”. Subsec. (c)(8). Pub. L. 118–62, § 2(b)(1)(G), substituted “the date described in subsection (d)(1)” for “December 31, 2040”. Pub. L. 118–62, § 2(b)(1)(D), redesignated par. (9) as (8). Former par. (8) redesignated (7). Subsec. (c)(9). Pub. L. 118–62, § 2(b)(1)(D), redesignated par. (10) as (9). Former par. (9) redesignated (8). Subsec. (c)(9)(A). Pub. L. 118–62, § 2(b)(1)(H), substituted “paragraphs (2)(C) and (7)” for “paragraphs (2)(C) and (8)”. Subsec. (c)(10) to (12). Pub. L. 118–62, § 2(b)(1)(D), redesignated pars. (11) and (12) as (10) and (11), respectively. Former par. (10) redesignated (9). Subsec. (d). Pub. L. 118–62, § 2(a), added subsec. (d). 2020—Subsec. (a)(7), (8). Pub. L. 116–260, § 2007(a)(1), added par. (7) and redesignated former par. (7) as (8). Subsec. (b). Pub. L. 116–260, § 2007(a)(2), substituted “United States—” and “(1) to support” for “United States to support” and added pars. (2) to (4). Subsec. (c). Pub. L. 116–260, § 2007(a)(3)(F), substituted “(2)(C)” for “(2)(B)” wherever appearing. Subsec. (c)(2)(A)(viii) to (xxvi). Pub. L. 116–260, § 2007(a)(3)(A)(i), added cls. (viii) to (xxvi). Subsec. (c)(2)(B), (C). Pub. L. 116–260, § 2007(a)(3)(A)(ii), (iii), added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (c)(3)(C). Pub. L. 116–260, § 2007(a)(3)(B), struck out subpar. (C) which read as follows: “to be added to the inventory of the Department of Energy”. Subsec. (c)(5)(A). Pub. L. 116–260, § 2007(a)(3)(C)(i), substituted “lower scenario data in the report of the World Nuclear Association entitled ‘The Nuclear Fuel Report: Global Scenarios for Demand and Supply Availability 2019–2040’. In each of calendar years 2023, 2029, and 2035” for “reference data in the 2005 Market Report on the Global Nuclear Fuel Market Supply and Demand 2005–2030 of the World Nuclear Association. In each of calendar years 2016 and 2019”. Subsec. (c)(5)(B) to (D). Pub. L. 116–260, § 2007(a)(3)(C)(ii)–(iv), added subpar. (B), redesignated former subpars. (B) and (C) as (C) and (D), respectively, and, in subpar. (D), as redesignated, substituted “subparagraph (C)” for “subparagraph (B)”. Subsec. (c)(9). Pub. L. 116–260, § 2007(a)(3)(D), substituted “2040” for “2020”. Subsec. (c)(12)(B). Pub. L. 116–260, § 2007(a)(3)(E), inserted “or the Suspension Agreement” after “the Russian HEU Agreement”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2024 Amendment Pub. L. 118–62, § 2(b)(2),

May 13, 2024, 138 Stat. 1024, provided that: “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 subsection shall take effect on the date that is 90 days after the date of the enactment of this Act [

May 13, 2024].” Applicability Pub. L. 116–260, div. Z, title II, § 2007(b), Dec. 27, 2020, 134 Stat. 2474, provided that: “The

Amendments

made by subsection (a) [amending this section] apply with respect to uranium imported from the Russian Federation on or after January 1, 2021.”

§2297h–10a Incentives for additional downblending of highly enriched uranium by the Russian Federation

Summary

Title 42, §2297h–10a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata