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Long title | To prohibit the importation into the United States of unirradiated low-enriched uranium that is produced in the Russian Federation, and for other purposes. |
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Enacted by | the 118th United States Congress |
Effective | August 11, 2024 |
Legislative history | |
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The Prohibiting Russian Uranium Imports Act (H.R. 1042) is a U.S. law enacted on May 13, 2024, banning low-enriched uranium imports from Russia. Approved unanimously, the legislation aims to reduce U.S. reliance on Russian nuclear materials, limit financial resources available to Russia and revive the American nuclear fuel industry. [1] [2] [3]
Historically, the United States was an international leader in uranium enrichment, a critical resource for nuclear energy production. However, post-Cold War agreements, including the Megatons to Megawatts Program, gradually shifted the market in Russia's favor. By 2013, domestic uranium enrichment had ceased entirely, leaving the U.S. reliant on imports from Russia and European suppliers. [2]
In 2023, Russia was the largest single foreign provider of enriched uranium for U.S. civilian nuclear reactors, highlighting decades of dependence. [4] This reliance came under scrutiny following Russia's invasion of Ukraine and ensuing geopolitical tensions. While the U.S. and the E.U. imposed sanctions on Russian fossil fuels, uranium imports were initially excluded due to the lack of viable alternatives. [5]
Moreover, the Biden administration's climate agenda prioritized nuclear power as a cornerstone of emissions-free electricity generation. Sustaining the growth of next-generation nuclear reactors without Russian supplies, however, requires rebuilding a robust domestic uranium enrichment industry. [2]
The primary provision of H.R. 1042 is a comprehensive ban on the importation of low-enriched uranium (LEU) produced in the Russian Federation or by a Russian entity. To achieve this, the Act amends Section 3112A of the USEC Privatization Act and aims to close loopholes by prohibiting uranium obtained through exchanges, swaps, or other transactions designed to circumvent the law. [6]
The legislation allows for the issuance of special waivers under specific circumstances. These waivers enable the importation of Russian uranium if deemed essential to maintaining the stability and reliability of the U.S. nuclear energy sector. Under this system, the Secretary of Energy, in consultation with the Secretaries of State and Commerce, may authorize restricted imports if no viable alternative source exists to sustain U.S. nuclear reactors or companies, or if such imports are deemed to be in the national interest. These waivers are subject to strict annual import caps, which progressively decrease from 2024 to 2027. All waivers must terminate by January 1, 2028. [6] [7]
The enforcement of these import limitations is overseen by the Secretary of Commerce, who is tasked with implementing the annual import caps in a way that minimizes burdens on the commercial nuclear industry.
Certain imports are explicitly exempted from the restrictions, such as uranium imports for national security or nonproliferation purposes under Department of Energy contracts, as well as imports involving non-uranium isotopes.
Additionally, the Act includes a series of conforming amendments to the USEC Privatization Act to align with the newly introduced restrictions, streamline regulatory requirements, and clarify enforcement mechanisms.
The restrictions under this Act will remain in effect until December 31, 2040. [8]
H.R. 1042 was introduced in the House of Representatives on February 14, 2023, by Representative Cathy McMorris Rodgers (R ‑ WA 5th) and subsequently garnered the support of six additional Republican cosponsors. [9] The bill was referred to the House Committee on Energy and Commerce, where it underwent initial review and discussion.
After committee deliberations, the bill was reported out with amendments on December 1, 2023. The House passed the bill on December 11, 2023 by voice vote under a House procedure called “suspension of the rules” which is typically used to pass non-controversial bills. [10] Following House approval, the bill was sent to the Senate for consideration. In the Senate, H.R. 1042 was brought directly to the floor for consideration.
Despite broad bipartisan support, Senator Ted Cruz (R ‑ TX) blocked the bill as a bargaining chip in unrelated legislative disputes. The legislation was stalled for months until Cruz dropped his opposition. [2]
On April 30, 2024, Senator Sheldon Whitehouse (D ‑ RI) requested unanimous consent to proceed with the bill, which was read and passed without objection. [11] The unanimous approval process expedited its passage, reflecting the broad bipartisan consensus on this legislation.
President Joe Biden signed the bill into law on May 13, 2024.
The enactment of the Prohibiting Russian Uranium Imports Act marks a notable change in U.S. energy policy by targeting a significant reliance on Russian enriched uranium, which accounted for 27% of U.S. enriched uranium demand for U.S. civilian nuclear power reactors as recently as 2023.
Since the enactment of the Act, the U.S. nuclear energy sector has had to adjust to new supply chain constraints. While the waiver system provides flexibility, the industry has faced challenges in sourcing enriched uranium from alternative suppliers. Additionally, concerns have been raised about the potential for circumvention of the ban, particularly through third-party countries like China. [12]
Country | Share (%) |
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![]() | 28% |
![]() | 27% |
![]() | 12% |
![]() | 8% |
![]() | 7% |
![]() | 6% |
Other | 12% |
Since the law’s passage, the U.S. nuclear energy sector has had to navigate significant supply chain adjustments. U.S. utilities have increasingly turned to Western European and allied countries for enriched uranium, with European plants fulfilling around a third of enriched uranium needs in 2023, compared to 28% sourced domestically. According to the Energy Information Administration (EIA), the U.S. imports most of the enriched uranium it uses as fuel, a trend it has followed since 1992. Operators of U.S. civilian nuclear power reactors purchased 4,141 thousand separative work units from Russia in 2023, the agency suggests. U.S. enrichment plants only provided 4,313 thousand. [13]
Though Russia had previously threatened to unilaterally halt uranium exports to the U.S., the Kremlin refrained from immediate action following the bill’s passage. Kremlin spokesman Dmitri S. Peskov described the legislation as “unfair” but did not reiterate the earlier threat. [2] On November 15, in response to the ban, Russia retaliated by restricting uranium exports to the United States. [14]
To enforce the ban and prevent circumvention, the Department of Energy has heightened its monitoring of uranium imports, focusing on potential re-exports from third-party countries. China, in particular, has come under scrutiny following a significant surge in uranium exports to the U.S. after the enactment of the legislation. This spike has raised suspicions that China may be acting as a conduit for Russian-enriched uranium, potentially re-exporting it under the guise of domestic production. U.S. officials point out that the timing and scale of these imports align with reduced direct exports from Russia, intensifying concerns over potential loopholes in the ban. [15]
To mitigate supply chain disruptions and enhance energy security, the Act indirectly unlocked $2.7 billion in previously allocated federal funds to bolster domestic uranium enrichment industry. [7] [16] Centrus Energy, a leading U.S. firm engaged in uranium enrichment, has announced plans to expand its facilities and develop advanced technologies such as high-assay low-enriched uranium (HALEU). [14] This more concentrated form of uranium is critical for next-generation reactors, including TerraPower’s Wyoming-based plant, which has experienced delays partly due to its commitment to exclude Russian uranium from its supply chain. [2]
Historically, Centrus Energy has relied on Russian uranium to meet part of its demand. As such, the company received a waiver from the Department of Energy, allowing it to import low-enriched uranium from Russia for delivery to US customers in 2024 and 2025. Centrus' largest supplier of low-enriched uranium is Tenex, a Russian government-owned company. However, following the Russian response to the ban, Tenex notified Centrus that its general licence to export the material to the U.S. had been rescinded and that it is now required to obtain a specific export licence from the Russian authorities for each of its remaining 2024 shipments and for shipments in 2025. [14]
Despite the urgency to rebuild domestic capacity, industry experts caution that creating a self-sufficient supply chain will take years. In the interim, waivers and other transitional measures will be critical to ensure the stability of the U.S. nuclear energy sector. [2] [17]
State Atomic Energy Corporation Rosatom, also known as Rosatom State Nuclear Energy Corporation,, or Rosatom State Corporation, is a Russian state corporation headquartered in Moscow that specializes in nuclear energy, nuclear non-energy goods and high-tech products. It was established in 2007 and comprises more than 350 enterprises, including scientific research organizations, a nuclear weapons complex, and the world's only nuclear icebreaker fleet.
The Megatons to Megawatts Program, also called the United States-Russia Highly Enriched Uranium Purchase Agreement, was an agreement between Russia and the United States whereby Russia converted 500 metric tons of "excess" weapons-grade uranium into 15,000 metric tons of low enriched uranium, which was purchased by the US for use in its commercial nuclear power plants. The official name of the program is the "Agreement between the Government of the Russian Federation and the Government of the United States of America Concerning the Disposition of Highly-Enriched Uranium Extracted from Nuclear Weapons", dated February 18, 1993. Under this Agreement, Russia agreed to supply the United States with low-enriched uranium (LEU) obtained from high-enriched uranium (HEU) found to be in excess of Russian defense purposes. The United States agreed to purchase the low-enriched uranium fuel.
A nuclear fuel bank is reserve of low enriched uranium (LEU) for countries that need a backup source of LEU to fuel their nuclear reactors. Countries that do have enrichment technology would donate enriched fuel to a "bank", from which countries not possessing enrichment technology would obtain fuel for their power reactors.
Since the mid-1980s, the largest source of electricity in France has been nuclear power, with a generation of 379.5 TWh in 2019 and a total electricity production of 537.7 TWh. In 2018, the nuclear share was 71.67%, the highest percentage in the world.
The uranium market, like all commodity markets, has a history of volatility, moving with the standard forces of supply and demand as well as geopolitical pressures. It has also evolved particularities of its own in response to the unique nature and use of uranium.
Uranium mining is the process of extraction of uranium ore from the ground. Over 50,000 tons of uranium were produced in 2019. Kazakhstan, Canada, and Australia were the top three uranium producers, respectively, and together account for 68% of world production. Other countries producing more than 1,000 tons per year included Namibia, Niger, Russia, Uzbekistan and China. Nearly all of the world's mined uranium is used to power nuclear power plants. Historically uranium was also used in applications such as uranium glass or ferrouranium but those applications have declined due to the radioactivity and toxicity of uranium and are nowadays mostly supplied with a plentiful cheap supply of depleted uranium which is also used in uranium ammunition. In addition to being cheaper, depleted uranium is also less radioactive due to a lower content of short-lived 234
U and 235
U than natural uranium.
The 123 Agreement signed between the United States of America and India is known as the U.S.–India Civil Nuclear Agreement or Indo-US nuclear deal. The framework for this agreement was a July 18, 2005, joint statement by then Indian Prime Minister Manmohan Singh and then U.S. President George W. Bush, under which India agreed to separate its civil and military nuclear facilities and to place all its civil nuclear facilities under International Atomic Energy Agency (IAEA) safeguards and, in exchange, the United States agreed to work toward full civil nuclear cooperation with India. This U.S.-India deal took more than three years to come to fruition as it had to go through several complex stages, including amendment of U.S. domestic law, especially the Atomic Energy Act of 1954, a civil-military nuclear Separation Plan in India, an India-IAEA safeguards (inspections) agreement and the grant of an exemption for India by the Nuclear Suppliers Group, an export-control cartel that had been formed mainly in response to India's first nuclear test in 1974. In its final shape, the deal places under permanent safeguards those nuclear facilities that India has identified as "civil" and permits broad civil nuclear cooperation, while excluding the transfer of "sensitive" equipment and technologies, including civil enrichment and reprocessing items even under IAEA safeguards. On August 18, 2008, the IAEA Board of Governors approved, and on February 2, 2009, India signed an India-specific safeguards agreement with the IAEA. After India brought this agreement into force, inspections began in a phased manner on the 35 civilian nuclear installations India has identified in its Separation Plan. The deal is seen as a watershed in U.S.-India relations and introduces a new aspect to international nonproliferation efforts. On August 1, 2008, the IAEA approved the safeguards agreement with India, after which the United States approached the Nuclear Suppliers Group (NSG) to grant a waiver to India to commence civilian nuclear trade. The 48-nation NSG granted the waiver to India on September 6, 2008, allowing it to access civilian nuclear technology and fuel from other countries. The implementation of this waiver made India the only known country with nuclear weapons which is not a party to the Non-Proliferation Treaty (NPT) but is still allowed to carry out nuclear commerce with the rest of the world.
Techsnabexport, internationally known as TENEX, is an overseas trading company owned by Russian state-owned company Rosatom. Techsnabexport is an exporter of enriched uranium and a supplier of nuclear fuel cycle products.
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Nuclear power in Australia has been a topic of debate since the 1930s. Australia has one nuclear reactor (OPAL) at Lucas Heights, New South Wales, which is only used to produce radionuclides for nuclear medicine, and does not produce electricity. Australia hosts 33% of the world's proven uranium deposits, and is currently the world's third largest producer of uranium after Kazakhstan and Canada.
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Centrus Energy Corp. is an American company that supplies nuclear fuel for use in nuclear power plants and works to develop and deploy advanced centrifuge technology to produce enriched uranium for commercial and government uses, including for national security.
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The nuclear energy policy of the United States began in 1954 and continued with the ongoing building of nuclear power plants, the enactment of numerous pieces of legislation such as the Energy Reorganization Act of 1974, and the implementation of countless policies which have guided the Nuclear Regulatory Commission and the Department of Energy in the regulation and growth of nuclear energy companies. This includes, but is not limited to, regulations of nuclear facilities, waste storage, decommissioning of weapons-grade materials, uranium mining, and funding for nuclear companies, along with an increase in power plant building. Both legislation and bureaucratic regulations of nuclear energy in the United States have been shaped by scientific research, private industries' wishes, and public opinion, which has shifted over time and as a result of different nuclear disasters.
Nuclear Non-Proliferation Act of 1978, 22 U.S.C. § 3201, is a United States federal law declaring that nuclear explosive devices pose a perilous threat to the security interests of the United States. The law restricts U.S. export of civil nuclear programs to other nations.
The Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024, or the ADVANCE Act of 2024, is a piece of legislation passed by the 118th United States Congress to accelerate the development of generation IV nuclear reactor technology and keep existing United States nuclear electric power plants online. The Act was introduced in the Senate by Shelley Moore Capito in March 2023 as the ADVANCE Act of 2023. The bill was passed by the Senate in June 2024. A companion bill, the Atomic Energy Advancement Act, similarly reducing licensing fees for advanced nuclear technologies and opposing the Chinese and Russian nuclear sector, passed in the House of Representatives in February 2024. It was not passed alone; the ADVANCE Act was incorporated into the Fire Grants and Safety Act, a reauthorization signed into law on July 9, 2024.