12 2 STA T .3650PUBLIC LA W 110 – 32 9— S E PT. 30 , 200 8Secr e ta r yofC o m merce sh a l lre vi e w the p ro j ecte d dema n d for u ranium for nuclear reactors in the U nited States and adjust the import limitations descri b ed in para g raph (2) ( A ) to account for changes in such demand in years after the year in which that report or a subse q uent report is pub - lished .‘ ‘( B ) INCE N TIV E ADJUS T M ENT. — Beginning in the second calendar year after the calendar year of the completion of the R ussian HE U Agreement , the Secretary of Energy shall increase or decrease the amount of low-enriched ura- nium that may be imported in a calendar year under para- graph (2)(B) (including the amount of low-enriched uranium that may be imported for each k ilogram of highly enriched uranium downblended under paragraph (2)(B)(i)) by a percentage equal to the percentage increase or decrease, as the case may be, in the average amount of uranium loaded into nuclear power reactors in the United States in the most recent 3 -calendar-year period for which data are available, as reported by the Energy Information Administration of the D epartment of Energy, compared to the average amount of uranium loaded into such reactors during the 3-calendar-year period beginning on J anuary 1 ,2 0 11, as reported by the Energy Information Administra- tion. ‘‘(C) P U BL ICATI O NO F ADJUSTMENTS.—As soon as prac- ticable, but not later than July 31 of each calendar year, the Secretary of Energy shall publish in the F ederal Reg- ister the amount of low-enriched uranium that may be imported in the current calendar year after the adjustments under subparagraph (B). ‘‘( 6 ) AUT H O R IT Y FOR ADDITIONAL ADJUSTMENT.—In addition to the adjustment under paragraph ( 5 )(A), the Secretary of Commerce may adjust the import limitations under paragraph (2)(A) for a calendar year if the Secretary— ‘‘(A) in consultation with the Secretary of Energy, determines that the available supply of low-enriched ura- nium and the available stockpiles of uranium of the Depart- ment of Energy are insufficient to meet demand in the United States in the following calendar year
and ‘‘(B) notifies Congress of the adjustment not less than 4 5 days before making the adjustment. ‘‘( 7 )E Q UIVALENT QUANTITIES OF LO W -ENRICHED URANIUM IM P ORTS.— ‘‘(A) IN G ENERAL.— T he import limitations described in paragraphs (1) and (2) are e x pressed in terms of uranium containing 4.4 percent uranium-235 and a tails assay of 0.3 percent. ‘‘(B) ADJUSTMENT FOR OTHER URANIUM.—Imports of low-enriched uranium under paragraphs (1) and (2), including low-enriched uranium obtained under contracts for separative work units, shall count against the import limitations described in such paragraphs in amounts cal- culated as the quantity of low-enriched uranium containing 4.4 percent uranium-235 necessary to equal the total amount of uranium-235 contained in such imports. ‘‘( 8 ) DOWNBLENDING OF OTHER HIGHLY ENRICHED URA- NIUM.— Notif i ca tio n.De a dl ine. F ede r al R e g i s ter ,pub lication. E ffecti v e date.
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