42 U.S.C. § 2210b — Uranium supply

Page 5514 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2210b 1 So in original. Probably should be ‘‘of’’. 2 See References in Text note below. added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 2005—Subsec. (b). Pub. L. 109–58 inserted subsec. head- ing, designated existing provisions as par. (1), inserted par. heading, in introductory provisions substituted ‘‘Except as provided in paragraph (2), the Nuclear Regu- latory Commission’’ for ‘‘The Commission’’, redesig- nated former pars. (1) and (2) as subpars. (A) and (B) of par. (1), respectively, and added par. (2). § 2210b. Uranium supply (a) Assessment of domestic uranium industry vi- ability; monitoring and reporting require- ments; criteria; implementation by rules and regulations The Secretary of Energy shall monitor and for the years 1983 to 1992 report annually to the Congress and to the President a determination of the viability of the domestic uranium mining and milling industry and shall establish by rule, after public notice and in accordance with the requirements of section 2231 of this title, within 9 months of January 4, 1983, specific criteria which shall be assessed in the annual reports on the domestic uranium industry’s viability. The Secretary of Energy is authorized to issue regu- lations providing for the collection of such in- formation as the Secretary of Energy deems necessary to carry out the monitoring and re- porting requirements of this section. (b) Disclosure of information Upon a satisfactory showing to the Secretary of Energy by any person that any information, or portion thereof obtained under this section, would, if made public, divulge proprietary infor- mation of such person, the Secretary shall not disclose such information and disclosure thereof shall be punishable under section 1905 of title 18. (c) Criteria for monitoring and reporting re- quirements The criteria referred to in subsection (a) shall also include, but not be limited to— (1) an assessment of whether executed con- tracts or options for source material or special nuclear material will result in greater than 371⁄2 percent of actual or projected domestic uranium requirements for any two-consecu- tive-year period being supplied by source ma- terial or special nuclear material from foreign sources; (2) projections of uranium requirements and inventories of domestic utilities for a 10 year period; (3) present and probable future use of the do- mestic market by foreign imports; (4) whether domestic economic reserves can supply all future needs for a future 10 year pe- riod; (5) present and projected domestic uranium exploration expenditures and plans; (6) present and projected employment and capital investment in the uranium industry; (7) the level of domestic uranium production capacity sufficient to meet projected domestic nuclear power needs for a 10 year period; and (8) a projection of domestic uranium produc- tion and uranium price levels which will be in effect under various assumptions with respect to imports. (d) Excessive imports; investigation by United States International Trade Commission The Secretary or 1 Energy, at any time, may determine on the basis of the monitoring and annual reports required under this section that source material or special nuclear material from foreign sources is being imported in such in- creased quantities as to be a substantial cause of serious injury, or threat thereof, to the United States uranium mining and milling in- dustry. Based on that determination, the United States Trade Representative shall request that the United States International Trade Commis- sion initiate an investigation under section 2251 2 of title 19. (e) Excessive imports for contracts or options as threatening national security; investigation by Secretary of Commerce; recommendation for further investigation (1) If, during the period 1982 to 1992, the Sec- retary of Energy determines that executed con- tracts or options for source material or special nuclear material from foreign sources for use in utilization facilities within or under the juris- diction of the United States represent greater than 371⁄2 percent of actual or projected domestic uranium requirements for any two-consecutive- year period, or if the Secretary of Energy deter- mines the level of contracts or options involving source material and special nuclear material from foreign sources may threaten to impair the national security, the Secretary of Energy shall request the Secretary of Commerce to initiate under section 1862 of title 19 an investigation to determine the effects on the national security of imports of source material and special nuclear material. The Secretary of Energy shall cooper- ate fully with the Secretary of Commerce in car- rying out such an investigation and shall make available to the Secretary of Commerce the findings that lead to this request and such other information that will assist the Secretary of Commerce in the conduct of the investigation. (2) The Secretary of Commerce shall, in the conduct of any investigation requested by the Secretary of Energy pursuant to this section, take into account any information made avail- able by the Secretary of Energy, including infor- mation regarding the impact on national secu- rity of projected or executed contracts or op- tions for source material or special nuclear ma- terial from foreign sources or whether domestic production capacity is sufficient to supply pro- jected national security requirements. (3) No sooner than 3 years following comple- tion of any investigation by the Secretary of Commerce under paragraph (1), if no rec- ommendation has been made pursuant to such study for trade adjustments to assist or protect domestic uranium production, the Secretary of Energy may initiate a request for another such investigation by the Secretary of Commerce. (Aug. 1, 1946, ch. 724, title I, § 170B, as added Pub. L. 97–415, § 23(b)(1), Jan. 4, 1983, 96 Stat. 2081; re- Page 5515 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2210e numbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT Section 2251 of title 19, referred to in subsec. (d), was amended generally by Pub. L. 100–418, title I, § 1401(a), Aug. 23, 1988, 102 Stat. 1225, and as so amended does not relate to investigations. See section 2252 of Title 19, Customs Duties. Statutory Notes and Related Subsidiaries REVIEW OF STATUS OF DOMESTIC URANIUM MINING AND MILLING INDUSTRY; AVAILABILITY TO CONGRESSIONAL COMMITTEES; SCOPE OF REVIEW Pub. L. 97–415, § 23(a), Jan. 4, 1983, 96 Stat. 2080, di- rected the President to prepare and submit to Congress a comprehensive review of the status of the domestic uranium mining and milling industry by no later than 12 months after Jan. 4, 1983. § 2210c. Elimination of pension offset for certain rehired Federal retirees (a) In general The Commission may waive the application of section 8344 or 8468 of title 5 on a case-by-case basis for employment of an annuitant— (1) in a position of the Commission for which there is exceptional difficulty in recruiting or retaining a qualified employee; or (2) when a temporary emergency hiring need exists. (b) Procedures The Commission shall prescribe procedures for the exercise of authority under this section, in- cluding— (1) criteria for any exercise of authority; and (2) procedures for a delegation of authority. (c) Effect of waiver An employee as to whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter II of chap- ter 83, or chapter 84, of title 5. (Aug. 1, 1946, ch. 724, title I, § 170C, as added Pub. L. 109–58, title VI, § 624(a), Aug. 8, 2005, 119 Stat. 783.) § 2210d. Security evaluations (a) Security response evaluations Not less often than once every 3 years, the Commission shall conduct security evaluations at each licensed facility that is part of a class of licensed facilities, as the Commission considers to be appropriate, to assess the ability of a pri- vate security force of a licensed facility to de- fend against any applicable design basis threat. (b) Force-on-force exercises (1) The security evaluations shall include force-on-force exercises. (2) The force-on-force exercises shall, to the maximum extent practicable, simulate security threats in accordance with any design basis threat applicable to a facility. (3) In conducting a security evaluation, the Commission shall mitigate any potential con- flict of interest that could influence the results of a force-on-force exercise, as the Commission determines to be necessary and appropriate. (c) Action by licensees The Commission shall ensure that an affected licensee corrects those material defects in per- formance that adversely affect the ability of a private security force at that facility to defend against any applicable design basis threat. (d) Facilities under heightened threat levels The Commission may suspend a security eval- uation under this section if the Commission de- termines that the evaluation would compromise security at a nuclear facility under a heightened threat level. (e) Report Not less often than once each year, the Com- mission shall submit to the Committee on Envi- ronment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report, in classified form and unclassified form, that describes the results of each security response evaluation con- ducted and any relevant corrective action taken by a licensee during the previous year. (Aug. 1, 1946, ch. 724, title I, § 170D, as added Pub. L. 109–58, title VI, § 651(a)(1), Aug. 8, 2005, 119 Stat. 799.) § 2210e. Design basis threat rulemaking (a) Rulemaking The Commission shall— (1) not later than 90 days after the date of enactment of this section, initiate a rule- making proceeding, including notice and op- portunity for public comment, to be completed not later than 18 months after that date, to re- vise the design basis threats of the Commis- sion; or (2) not later than 18 months after the date of enactment of this section, complete any ongo- ing rulemaking to revise the design basis threats. (b) Factors When conducting its rulemaking, the Commis- sion shall consider the following, but not be lim- ited to— (1) the events of September 11, 2001; (2) an assessment of physical, cyber, bio- chemical, and other terrorist threats; (3) the potential for attack on facilities by multiple coordinated teams of a large number of individuals; (4) the potential for assistance in an attack from several persons employed at the facility; (5) the potential for suicide attacks; (6) the potential for water-based and air- based threats; (7) the potential use of explosive devices of considerable size and other modern weaponry; (8) the potential for attacks by persons with a sophisticated knowledge of facility oper- ations; (9) the potential for fires, especially fires of long duration; (10) the potential for attacks on spent fuel shipments by multiple coordinated teams of a large number of individuals; (11) the adequacy of planning to protect the public health and safety at and around nuclear facilities, as appropriate, in the event of a ter- rorist attack against a nuclear facility; and