I 

111TH CONGRESS 

2D SESSION H. R. 5068 

To amend the Atomic Energy Act of 1954 to authorize the Secretary of 

Energy to barter, transfer, or sell surplus uranium from the inventory 

of the Department of Energy, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 20, 2010 

Mrs. LUMMIS (for herself and Mr. HINOJOSA) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Atomic Energy Act of 1954 to authorize 

the Secretary of Energy to barter, transfer, or sell surplus uranium from the inventory of the Department of 

Energy, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Surplus Uranium Dis5 position Act of 2010’’. 


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1 SEC. 2. BARTER, TRANSFER, OR SALE OF SURPLUS URA2 NIUM. 

3 (a) IN GENERAL.—Chapter 14 of title I of the Atomic 

4 Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended 

5 by adding at the end the following: 

6 ‘‘SEC. 170J. BARTER, TRANSFER, OR SALE OF SURPLUS 

7 URANIUM. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) COMMISSION.—The term ‘Commission’ 

10 means the Nuclear Regulatory Commission. 

11 ‘‘(2) DEPARTMENT.—The term ‘Department’ 

12 means the Department of Energy. 

13 ‘‘(3) INITIAL CORE.—The term ‘initial core’ 

14 means the quantity of uranium required to fuel the 

15 first operating cycle of a newly constructed nuclear 

16 reactor located in the United States. 

17 ‘‘(4) LONG-TERM CONTRACT.—The term ‘long18 term contract’ means a contract— 

19 ‘‘(A) entered into under subsection (e); and 

20 ‘‘(B) the duration of which is not less than 

21 3 years. 

22 ‘‘(5) RESERVE INVENTORY.—The term ‘reserve 

23 inventory’ means the quantity of the excess uranium 

24 stockpile of the Department, the barter, sale, or 

25 transfer of which is prohibited except in the case of 


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1 a national energy emergency, as declared by the 

2 President under subsection (l)(2). 

3 ‘‘(6) SECRETARY.—The term ‘Secretary’ means 

4 the Secretary of Energy. 

5 ‘‘(7) URANIUM.—The term ‘uranium’ means 

6 any form of surplus uranium from the inventory of 

7 the Department. Any reference in this section to a 

8 quantity of uranium means a quantity of natural 

9 uranium (uranium containing 0.711 percent U–235) 

10 or its equivalent. 

11 ‘‘(b) AUTHORITY OF SECRETARY.—As soon as prac12 ticable after the date of enactment of this section, the Sec13 retary may barter, transfer, or sell to eligible entities, at 

14 fair market value, uranium in accordance with this sec15 tion. 

16 ‘‘(c) ELIGIBLE ENTITIES.— 

17 ‘‘(1) BARTERS, TRANSFERS, OR SALES FOR INI18 TIAL CORES.—To be eligible to obtain uranium 

19 under subsection (d)— 

20 ‘‘(A) an eligible entity shall have submitted 

21 to the Commission an application for a com22 bined operating license for a reactor; and 

23 ‘‘(B) the Commission shall have approved, 

24 or agreed to review, the application. 


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1 ‘‘(2) ADDITIONAL BARTERS, TRANSFERS, OR

2 SALES.—To be eligible to obtain uranium under sub3 section (e), an eligible entity shall possess a license 

4 from the Commission. 

5 ‘‘(d) BARTERS, TRANSFERS, OR SALES FOR INITIAL

6 CORES.—The Secretary shall offer to barter, transfer, or 

7 sell to eligible entities, on a first-come, first-served basis 

8 and at fair market value, 20,000,000 pounds of uranium 

9 for initial cores for projects to build new reactors. 

10 ‘‘(e) ADDITIONAL BARTERS, TRANSFERS, OR

11 SALES.—In addition to initial core barters, transfers, or 

12 sales under subsection (d), the Secretary may barter, 

13 transfer, or sell to eligible entities, on a first-come, first14 served basis and at fair market value, uranium in accord15 ance with the following schedule: 

‘‘Year 

Million 

pounds 

Uranium 

2010 ................................................................................................ 3.0 

2011 ................................................................................................ 3.3 

2012 ................................................................................................ 3.8 

2013 and each subsequent year ...................................................... 5.0 

16 ‘‘(f) TRANSPARENCY AND COMPETITIVE PROCE17 DURES.—In making barters, transfers, or sales of ura18 nium to eligible entities under this section, the Secretary 

19 shall ensure, to the maximum extent practicable, that— 


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1 ‘‘(1) the United States receives the fair market 

2 value for any uranium bartered, transferred, or sold 

3 to the entities; and 

4 ‘‘(2) any barter, transfer, or sale under this sec5 tion is conducted in a transparent and competitive 

6 manner. 

7 ‘‘(g) SALE OF BARTERED OR TRANSFERRED URA8 NIUM.—If the Secretary barters or transfers uranium 

9 under this section, any uranium sold by the recipient shall 

10 be— 

11 ‘‘(1) sold at fair market value; and 

12 ‘‘(2) considered part of the annual sales quan13 tity of the Department for the year bartered or 

14 transferred. 

15 ‘‘(h) DISSEMINATION REQUIREMENT.—Not later 

16 than 14 days before the date on which the Secretary bar17 ters, transfers, or sells to an eligible entity any uranium 

18 under this section, the Secretary shall publish in the Fed19 eral Register, with respect to the barter, transfer, or sale, 

20 the determination required by the Secretary under section 

21 3112(e)(2) of the USEC Privatization Act (42 U.S.C. 

22 2297h–10(e)(2)). 

23 ‘‘(i) OTHER PROGRAMS.— 

24 ‘‘(1) COMPLIANCE.—In carrying out this sec25 tion, the Secretary shall comply with— 


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1 ‘‘(A) the National Environmental Policy 

2 Act of 1969 (42 U.S.C. 4321 et seq.); 

3 ‘‘(B) section 3112 of the USEC Privatiza4 tion Act (42 U.S.C. 2297h–10); and 

5 ‘‘(C) other applicable provisions of law (in6 cluding regulations). 

7 ‘‘(2) USE OF PROCEEDS.—No funds or other 

8 value obtained from the barter, transfer, or sale of 

9 uranium under this section may be used to carry out 

10 other programs of the Department without a specific 

11 appropriation by Congress. 

12 ‘‘(j) SCHEDULE.—The Secretary shall ensure that 

13 long-term contracts cover not less than 50 percent of the 

14 quantity of uranium bartered, transferred, or sold under 

15 this section during each calendar year. 

16 ‘‘(k) DEPARTMENT NEEDS.—Notwithstanding any 

17 other provision of this section, the Secretary shall main18 tain a sufficient inventory of uranium to meet the current 

19 and foreseeable needs of the missions and programs of the 

20 Department, including missions and programs of— 

21 ‘‘(1) the National Nuclear Security Agency; 

22 ‘‘(2) the Office of Nuclear Energy, Science, and 

23 Technology Programs; 

24 ‘‘(3) the Office of the Assistant Secretary for 

25 Environmental Management; and 


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1 ‘‘(4) other agencies of the Department, as de2 termined by the Secretary. 

3 ‘‘(l) RESERVE INVENTORY.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall main5 tain a reserve inventory of uranium that contains 

6 not less than 20,000,000 pounds of uranium. 

7 ‘‘(2) NATIONAL ENERGY EMERGENCY.—The 

8 Secretary shall release uranium from the reserve in9 ventory only in the case of a national energy emer10 gency declared by the President.’’. 

11 (b) TECHNICAL AMENDMENT.—Section 11 f. of the 

12 Atomic Energy Act of 1954 (42 U.S.C. 2014(f)) is amend13 ed by striking ‘‘Atomic Energy Commission’’ and inserting 

14 ‘‘Nuclear Regulatory Commission’’. 

Æ 


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