§2297h–10 Uranium Transfers and Sales

Summary

The Secretary must not enrich, transfer, or sell any uranium except under the rules below. By December 31, 1996 the U.S. Executive Agent must give the Secretary, at no cost, an amount of uranium hexafluoride (UF6) equal to the natural-uranium part of low-enriched uranium made from at least 18 metric tons of Russian highly enriched uranium. The amount is calculated using a tails assay of 0.30 U235 and is treated as Russian origin. Within 7 years of April 26, 1996 the Secretary must sell that UF6 and be paid. That UF6 may be sold for U.S. overfeeding, for end use outside the U.S., in 1995–1996 back to the Russian Executive Agent at purchase price for matched sales, or in 2001 for U.S. end users (not before January 1, 2002) up to 3,000,000 pounds U3O8 equivalent per year. For enriched uranium delivered to the U.S. agent on or after January 1, 1997, the U.S. agent must deliver, if the Russian agent asks, UF6 equal to the natural-uranium component (tails 0.30 U235); if Russia does not ask within 90 days the U.S. agent will have an independent entity auction that UF6 or U3O8 and send Russia the proceeds minus costs. UF6 delivered or auctioned under these rules may not be used by U.S. end users before January 1, 1998 and then only up to these annual limits (millions 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 as matched sales under the Suspension Agreement do not count against these limits. Sales for overfeeding in U.S. enrichment plants are allowed anytime. The Secretary of Commerce enforces these limits and can require information; Customs must help. The President must report to Congress by December 31 each year on how these deliveries affect U.S. mining, conversion, enrichment industries, and gaseous diffusion plant jobs and say what will be done to prevent or fix harms. The Secretary must also transfer 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 at no charge, but the Corporation may not put that uranium into commercial U.S. use before January 1, 1998, may not deliver more than 10 percent of the transferred uranium in any year after 1997 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 the stockpile only if the President says it is not needed for national security, the Secretary finds the sale will not have an adverse material impact on U.S. mining/conversion/enrichment (taking into account the Russian HEU and Suspension Agreement sales), and the price is at least fair market value. The Secretary may transfer enriched uranium to a federal agency for its own use if it won't be resold and does not meet commercial specs, to any person for national security as the Secretary decides, or to state/local agencies or nonprofit or educational institutions for noncommercial uses. None of these rules change the terms of the Russian HEU Agreement.