12 2 STA T .3649PUBLIC LA W 11 0– 329 — S E PT. 30 , 200 8whet he ro r n ot suc h l ow - enr i che d ur a niu m is deri v ed f rom hi g hl y enriched uranium of wea p ons origin and including low-enriched uranium o b tained under con- tracts for separative wor k units , may be imported in a calendar year for every 1 kilogram of R ussian highly enriched uranium of weapons origin that was downblended in the preceding calendar year, sub j ect to the verification of the S ecretary of E nergy under paragraph ( 1 0).‘ ‘(ii) MAXIMU MA N NUA L IM PORTS . —N ot more than 1 2 0,000 kilograms of low-enriched uranium may be imported in a calendar year under clause (i). ‘‘( 3 )EX CE PTIONS.— T he import limitations described in paragraphs (1) and (2) shall not apply to low-enriched uranium produced in the Russian F ederation that is imported into the U nited States— ‘‘( A ) for use in the initial core of a new nuclear reactor
‘‘( B ) for processing and to be certified for ree x portation and not for consumption in the United States; or ‘‘( C ) to be added to the inventory of the D epartment of Energy. ‘‘( 4 ) L IMITE DW AI V ER AUT H ORIT Y .— ‘‘(A) I N G ENERAL.—Notwithstanding paragraph (1)(C), if the completion of the Russian H EU 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 q uantities 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 G overnment of the Russian Federation; and ‘‘(II) the Government of the Russian Federa- tion has made reasonable efforts to avoid and miti- gate 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) NOTICE AND WAIT.—A waiver under subparagraph (A) may not take effect until the date that is 1 8 0 days after the date on which Secretary of Energy and the Sec- retary of State notify Congress under subparagraph (A)(ii). ‘‘(C) TERMINATION.—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 )AD J USTMENTS TO IMPORT LIMITATIONS.— ‘‘(A) IN GENERAL.—The import limitations described in paragraph (2)(A) are based on the reference data in the 2005 Market Report on the Global Nuclear Fuel Market Supply and Demand 2005 – 2030 of the W orld Nuclear Association. In each of calendar years 201 6 and 201 9 , the Ef f ectiv e da te .No tificatio n . F ede r a lR e g i s ter ,pub lication. D eadline.
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