
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2210b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
            SUBCHAPTER XIII--GENERAL AUTHORITY OF COMMISSION
 
Sec. 2210b. Uranium supply


(a) Assessment of domestic uranium industry viability; monitoring and 
        reporting requirements; 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 regulations providing for the collection of such 
information as the Secretary of Energy deems necessary to carry out the 
monitoring and reporting 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 information 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 requirements

    The criteria referred to in subsection (a) of this section shall 
also include, but not be limited to--
        (1) an assessment of whether executed contracts or options for 
    source material or special nuclear material will result in greater 
    than 37\1/2\ percent of actual or projected domestic uranium 
    requirements for any two-consecutive-year period being supplied by 
    source material 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 domestic market by 
    foreign imports;
        (4) whether domestic economic reserves can supply all future 
    needs for a future 10 year period;
        (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 production 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 increased quantities as to be a substantial cause 
of serious injury, or threat thereof, to the United States uranium 
mining and milling industry. Based on that determination, the United 
States Trade Representative shall request that the United States 
International Trade Commission initiate an investigation under section 
2251 \2\ of title 19.
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    \1\ So in original. Probably should be ``of''.
    \2\ See References in Text note below.
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(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 Secretary of Energy 
determines that executed contracts or options for source material or 
special nuclear material from foreign sources for use in utilization 
facilities within or under the jurisdiction of the United States 
represent greater than 37\1/2\ percent of actual or projected domestic 
uranium requirements for any two-consecutive-year period, or if the 
Secretary of Energy determines 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 cooperate fully with the 
Secretary of Commerce in carrying 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 available by the 
Secretary of Energy, including information regarding the impact on 
national security of projected or executed contracts or options for 
source material or special nuclear material from foreign sources or 
whether domestic production capacity is sufficient to supply projected 
national security requirements.
    (3) No sooner than 3 years following completion of any investigation 
by the Secretary of Commerce under paragraph (1), if no recommendation 
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, Sec. 170B, as added Pub. L. 97-415, 
Sec. 23(b)(1), Jan. 4, 1983, 96 Stat. 2081; renumbered title I, Pub. L. 
102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

                       References in Text

    Section 2251 of title 19, referred to in subsec. (d), was amended 
generally by Pub. L. 100-418, title I, Sec. 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.


   Review of Status of Domestic Uranium Mining and Milling Industry; 
        Availability to Congressional Committees; Scope of Review

    Section 23(a) of Pub. L. 97-415 provided that:
    ``(a)(1) Not later than 12 months after the date of enactment of 
this section [Jan. 4, 1983], the President shall prepare and submit to 
the Congress a comprehensive review of the status of the domestic 
uranium mining and milling industry. This review shall be made available 
to the appropriate committees of the United States Senate and the House 
of Representatives.
    ``(2) The Comprehensive review prepared for submission under 
paragraph (1) shall include--
        ``(A) projections of uranium requirements and inventories of 
    domestic utilities;
        ``(B) present and future projected uranium production by the 
    domestic mining and milling industry;
        ``(C) the present and future probable penetration of the 
    domestic market by foreign imports;
        ``(D) the size of domestic and foreign ore reserves;
        ``(E) present and projected domestic uranium exploration 
    expenditures and plans;
        ``(F) present and projected employment and capital investment in 
    the uranium industry;
        ``(G) an estimate of the level of domestic uranium production 
    necessary to ensure the viable existence of a domestic uranium 
    industry and protection of national security interests;
        ``(H) an estimate of the percentage of domestic uranium demand 
    which must be met by domestic uranium production through the year 
    2000 in order to ensure the level of domestic production estimated 
    to be necessary under subparagraph (G);
        ``(I) a projection of domestic uranium production and uranium 
    price levels which will be in effect both under current policy and 
    in the event that foreign import restrictions were enacted by 
    Congress in order to guarantee domestic production at the level 
    estimated to be necessary under subparagraph (G);
        ``(J) the anticipated effect of spent nuclear fuel reprocessing 
    on the demand for uranium; and
        ``(K) other information relevant to the consideration of 
    restrictions on the importation of source material and special 
    nuclear material from foreign sources.''
