### §2538c. Long-term plan for meeting national security requirements for unencumbered uranium

#### (a) In general

Not later than December 31 of each odd-numbered year through 2031, the Secretary of Energy shall submit to the congressional defense committees a plan for meeting national security requirements for unencumbered uranium through 2070.

#### (b) Plan requirements

The plan required by subsection (a) shall include the following:

(1) An inventory of unencumbered uranium (other than depleted uranium), by program source and enrichment level, that, as of the date of the plan, is allocated to national security requirements.

(2) An inventory of unencumbered uranium (other than depleted uranium), by program source and enrichment level, that, as of the date of the plan, is not allocated to national security requirements but could be allocated to such requirements.

(3) An identification of national security requirements for unencumbered uranium through 2070, by program source and enrichment level.

(4) An assessment of current and projected unencumbered uranium production by private industry in the United States that could support future defense requirements.

(5) A description of any shortfall in obtaining unencumbered uranium to meet national security requirements and an assessment of whether that shortfall could be mitigated through the blending down of uranium that is of a higher enrichment level.

(6) An inventory of unencumbered depleted uranium, an assessment of the portion of that uranium that could be allocated to national security requirements through re-enrichment, and an estimate of the costs of re-enriching that uranium.

(7) A description of the swap and barter agreements involving unencumbered uranium needed to meet national security requirements that are in effect on the date of the plan.

(8) An assessment of—

(A) when additional enrichment of uranium will be required to meet national security requirements; and

(B) the options the Secretary is considering to meet such requirements, including an estimated cost and timeline for each option and a description of any changes to policy or law that the Secretary determines would be required for each option.

(9) An assessment of how options to provide additional enriched uranium to meet national security requirements could, as an additional benefit, contribute to the establishment of a sustained domestic enrichment capacity and allow the commercial sector of the United States to reduce reliance on importing uranium from adversary countries.

#### (c) Form of plan

The plan required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

#### (d) Comptroller General briefing

Not later than 180 days after the date on which the congressional defense committees receive each plan under subsection (a), the Comptroller General of the United States shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that includes an assessment of the plan.

#### (e) Definitions

In this section:

(1) The term "depleted", with respect to uranium, means that the uranium is depleted in uranium-235 compared with natural uranium.

(2) The term "unencumbered", with respect to uranium, means that the United States has no obligation to foreign governments to use the uranium for only peaceful purposes.

(Pub. L. 107–314, div. D, title XLII, §4221, as added Pub. L. 114–92, div. C, title XXXI, §3131(a), Nov. 25, 2015, 129 Stat. 1201; amended Pub. L. 115–91, div. C, title XXXI, §3133(e), Dec. 12, 2017, 131 Stat. 1897; Pub. L. 117–263, div. C, title XXXI, §3112, Dec. 23, 2022, 136 Stat. 3051.)

#### **Editorial Notes**

#### Amendments

2022—Subsec. (a). Pub. L. 117–263, §3112(a), substituted "each odd-numbered year through 2031" for "each even-numbered year through 2026" and "2070" for "2065".

Subsec. (b)(3). Pub. L. 117–263, §3112(b)(1), inserted "through 2070" after "unencumbered uranium".

Subsec. (b)(4) to (7). Pub. L. 117–263, §3112(b)(2), (3), added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively. Former par. (7) redesignated (8).

Subsec. (b)(8), (9). Pub. L. 117–263, §3112(b)(2), (4), redesignated pars. (7) and (8) as (8) and (9), respectively, struck them out, and added new pars. (8) and (9). Prior to amendment, pars. (8) and (9), as redesignated, read as follows:

"(8) An assessment of whether additional enrichment of uranium will be required to meet national security requirements and an estimate of the time for production operations and the cost for each type of enrichment being considered.

"(9) A description of changes in policy that would mitigate any shortfall in obtaining unencumbered uranium to meet national security requirements and the implications of those changes."

Subsecs. (d), (e). Pub. L. 117–263, §3112(c), added subsec. (d) and redesignated former subsec. (d) as (e).

2017—Subsec. (a). Pub. L. 115–91 substituted "Not later than December 31 of each even-numbered year through 2026" for "Concurrent with the submission to Congress of the budget of the President under section 1105(a) of title 31, in each even-numbered year beginning in 2016 and ending in 2026".

#### **Statutory Notes and Related Subsidiaries**

#### Plan for Domestic Enrichment Capability To Satisfy Department of Defense Uranium Requirements

Pub. L. 118–31, div. C, title XXXI, §3133, Dec. 22, 2023, 137 Stat. 804, provided that:

"(a) Report.—Not later than 120 days after the date of the enactment of this Act [Dec. 22, 2023], the Administrator of the National Nuclear Security Administration shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that contains a plan to establish a domestic enrichment capability sufficient to meet defense requirements for enriched uranium. Such plan shall include—

"(1) a description of defense requirements for enriched uranium expected to be necessary between the date of the enactment of this Act and 2060 to meet the requirements of the Department of Defense, including quantities, material assay, and the dates by which new enrichment is required;

"(2) key milestones, steps, and policy decisions required to achieve the domestic uranium enrichment capability;

"(3) the dates by which such key milestones are to be achieved;

"(4) a funding profile, broken down by project and sub-project, for obtaining such capability;

"(5) a description of any changes in the requirement of the Department of Defense for highly enriched uranium due to AUKUS; and

"(6) any other elements or information the Administrator determines appropriate.

"(b) Annual Certification Requirement.—

"(1) In general.—Not later than February 1 of each year after the year during which the report required by subsection (a) is submitted until the date specified in paragraph (2), the Administrator shall submit to the congressional defense committees a certification that—

"(A) the Administration is in compliance with the plan and milestones contained in the report; or

"(B) the Administration is not in compliance with such plan or milestones, together with—

"(i) a description of the nature of the non-compliance;

"(ii) the reasons for the non-compliance; and

"(iii) a plan to achieve compliance.

"(2) Termination date.—No report shall be required under paragraph (1) after the date on which the Administrator certifies to the congressional defense committees that the final key milestone under the plan has been met.

"(c) Form of Reports.—The report under subsection (a) and each annual certification under subsection (b) shall be submitted in unclassified form, but may include a classified annex."