§2297h–10 Uranium transfers and sales

Summary

The Secretary must only give, sell, or move uranium under the rules below. By December 31, 1996, the U.S. Executive Agent under the Russian HEU Agreement must give the Secretary, free of charge, uranium hexafluoride equal to the natural uranium from at least 18 metric tons of highly enriched uranium bought from Russia. That amount is figured using a tails assay of 0.30 U235. That uranium hexafluoride is treated as Russian origin. The Secretary must sell that material and collect payment within 7 years of April 26, 1996. It can be sold for overfeeding in the United States at any time, for end use outside the United States at any time, to the Russian Executive Agent in 1995 and 1996 at the purchase price for matched sales under the Suspension Agreement, or in calendar year 2001 for U.S. end users (but not used before January 1, 2002) in amounts not to exceed 3,000,000 pounds U3O8 equivalent per year. For enriched uranium delivered on or after January 1, 1997, the U.S. Executive Agent must, if Russia asks, deliver at the same time uranium hexafluoride equal to the natural uranium part, based on a tails assay of 0.30 U235, with title passing on delivery at a North American site. If Russia does not take delivery within 90 days, or asks, the U.S. Executive Agent must hire an independent seller to auction the equivalent UF6 or U3O8, pay Russia the proceeds minus costs, and treat the sold material as Russian origin. That Russian-origin UF6 cannot be used by U.S. end users before January 1, 1998, and after that it may be delivered to U.S. end users only up to these annual limits (millions of lbs U3O8 equivalent): 1998—2; 1999—4; 2000—6; 2001—8; 2002—10; 2003—12; 2004—14; 2005—16; 2006—17; 2007—18; 2008—19; 2009 and each year after—20. Sales done as matched sales under the Suspension Agreement do not count against these limits. Sales for overfeeding in U.S. enrichment plants may happen at any time. The sale of the conversion component is not limited. The Secretary of Commerce enforces these limits and can require certifications or information. The U.S. Customs Service must help. The President must report to Congress by December 31 each year on how the low-enriched uranium from Russia affects U.S. mining, conversion, enrichment industries, and gaseous diffusion plant jobs, and describe actions to prevent or fix any big harm. The Secretary must also transfer without charge up to 50 metric tons of enriched uranium and up to 7,000 metric tons of natural uranium from the DOE stockpile to the Corporation, subject to limits. The Corporation may not put that uranium into commercial U.S. use before January 1, 1998. After 1997, the Corporation may not deliver in any calendar year more than 10% of the transferred uranium by UF6 equivalent or more than 4,000,000 pounds, whichever is less, and may not deliver more than 800,000 separative work units in low-enriched uranium in any year. The Secretary may sell other natural or low-enriched uranium from DOE stock only if the President says the material is not needed for national security, the Secretary finds the sale will not have an adverse material effect on U.S. mining, conversion, or enrichment industries (considering the Russian HEU and Suspension Agreements), and the price is at least fair market value. Exceptions allow transfers of enriched uranium to federal agencies for their use (if not for resale and not meeting commercial specs), to any person for national security as the Secretary finds, or to state/local agencies or nonprofits or schools for non-electricity uses. Nothing in these rules changes the terms of the Russian HEU Agreement.