213
‘‘(3) The Secretary may transfer to the Corporation, 
notwithstanding subsections (b)(2) and (d), natural ura-
nium in amounts sufficient to fulfill the Department of 
Energy’s commitments under Article 4(B) of the Agree-
ment between the Department and the Corporation dated 
June 17, 2002. 
‘‘(d) INVENTORY SALES.—(1) In addition to the 
transfers and sales authorized under subsections (b) and 
(c) and under paragraph (5) of this subsection, the United 
States Government may transfer or sell uranium in any 
form subject to paragraphs (2), (3), and (4). 
‘‘(2) Except as provided in subsections (b) and (c) 
and paragraph (5) of this subsection, no sale or transfer 
of uranium shall be made under this subsection by the 
United States Government unless—
‘‘(A) the President determines that the material 
is not necessary for national security needs and the 
sale or transfer has no adverse impact on implemen-
tation of existing government-to-government agree-
ments; 
‘‘(B) the price paid to the appropriate Federal 
agency, if the transaction is a sale, will not be less 
than the fair market value of the material; and
214
‘‘(C) the sale or transfer to commercial nuclear 
power end users is made pursuant to a contract of 
at least 3 years’ duration. 
‘‘(3) Except as provided in paragraph (5), the United 
States Government shall not make any transfer or sale 
of uranium in any form under this subsection that would 
cause the total amount of uranium transferred or sold pur-
suant to this subsection that is delivered for consumption 
by commercial nuclear power end users to exceed—
‘‘(A) 3,000,000 pounds of U3 O8 equivalent in 
fiscal year 2005, 2006, 2007, 2008, or 2009; 
‘‘(B) 5,000,000 pounds of U3O8 equivalent in 
fiscal year 2010 or 2011; 
‘‘(C) 7,000,000 pounds of U3O8 equivalent in 
fiscal year 2012; and 
‘‘(D) 10,000,000 pounds of U3O8 equivalent in 
fiscal year 2013 or any fiscal year thereafter. 
‘‘(4) Except for sales or transfers under paragraph 
(5), for the purposes of this subsection, the recovery of 
uranium from uranium bearing materials transferred or 
sold by the United States Government to the domestic 
uranium industry shall be the preferred method of making 
uranium available. The recovered uranium shall be count-
ed against the annual maximum deliveries set forth in this 
section, when such uranium is sold to end users.
215
‘‘(5) The United States Government may make the 
following sales and transfers: 
‘‘(A) Sales or transfers to a Federal agency if 
the material is transferred for the use of the receiv-
ing agency without any resale or transfer to another 
entity and the material does not meet commercial 
specifications. 
‘‘(B) Sales or transfers to any person for na-
tional security purposes, as determined by the Sec-
retary. 
‘‘(C) Sales or transfers to any State or local 
agency or nonprofit, charitable, or educational insti-
tution for use other than the generation of electricity 
for commercial use. 
‘‘(D) Sales or transfers to the Department of 
Energy research reactor sales program. 
‘‘(E) Sales or transfers, at fair market value, 
for emergency purposes in the event of a disruption 
in supply to commercial nuclear power end users in 
the United States. 
‘‘(F) Sales or transfers, at fair market value, 
for use in a commercial reactor in the United States 
with nonstandard fuel requirements. 
‘‘(G) Sales or transfers provided for under law 
for use by the Tennessee Valley Authority in relation
216
to the Department of Energy’s highly enriched ura-
nium or tritium programs. 
‘‘(6) For purposes of this subsection, the term 
‘United States Government’ does not include the Ten-
nessee Valley Authority. 
‘‘(e) SAVINGS PROVISION.—Nothing in this sub-
chapter modifies the terms of the Russian HEU Agree-
ment. 
‘‘(f) SERVICES.—Notwithstanding any other provi-
sion of this section, if the Secretary determines that the 
Corporation has failed, or may fail, to perform any obliga-
tion under the Agreement between the Department of En-
ergy and the Corporation dated June 17, 2002, and as 
amended thereafter, which failure could result in termi-
nation of the Agreement, the Secretary shall notify Con-
gress, in such a manner that affords Congress an oppor-
tunity to comment, prior to a determination by the Sec-
retary whether termination, waiver, or modification of the 
Agreement is required. The Secretary is authorized to take 
such action as he determines necessary under the Agree-
ment to terminate, waive, or modify provisions of the 
Agreement to achieve its purposes.’’. 
(b) REPORT.—Not later than 3 years after the date 
of enactment of this Act, the Secretary of Energy shall 
report to Congress on the implementation of this section.
217
The report shall include a discussion of available excess 
uranium inventories; all sales or transfers made by the 
United States Government; the impact of such sales or 
transfers on the domestic uranium industry, the spot mar-
ket uranium price, and the national security interests of 
the United States; and any steps taken to remediate any 
adverse impacts of such sales or transfers. 
SEC. 631. COOPERATIVE RESEARCH AND DEVELOPMENT 
AND SPECIAL DEMONSTRATION PROJECTS 
FOR THE URANIUM MINING INDUSTRY. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of En-
ergy $10,000,000 for each of fiscal years 2006, 2007, and 
2008 for—
(1) cooperative, cost-shared agreements between 
the Department of Energy and domestic uranium 
producers to identify, test, and develop improved in 
situ leaching mining technologies, including low-cost 
environmental restoration technologies that may be 
applied to sites after completion of in situ leaching 
operations; and 
(2) funding for competitively selected dem-
onstration projects with domestic uranium producers 
relating to—
218
(A) enhanced production with minimal en-
vironmental impacts; 
(B) restoration of well fields; and 
(C) decommissioning and decontamination 
activities. 
(b) DOMESTIC URANIUM PRODUCER.—For purposes 
of this section, the term ‘‘domestic uranium producer’’ has 
the meaning given that term in section 1018(4) of the En-
ergy Policy Act of 1992 (42 U.S.C. 2296b–7(4)), except 
that the term shall not include any producer that has not 
produced uranium from domestic reserves on or after July 
30, 1998. 
(c) LIMITATION.—No activities funded under this 
section may be carried out in the State of New Mexico. 
SEC. 632. WHISTLEBLOWER PROTECTION. 
(a) DEFINITION OF EMPLOYER.—Section 211(a)(2) 
of the Energy Reorganization Act of 1974 (42 U.S.C. 
5851(a)(2)) is amended—
(1) in subparagraph (C), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; and’’ and 
(3) by adding at the end the following: 
‘‘(E) a contractor or subcontractor of the 
Commission.’’.
219
(b) DE NOVO REVIEW.—Subsection (b) of such sec-
tion 211 is amended by adding at the end the following 
new paragraph: 
‘‘(4) If the Secretary has not issued a final de-
cision within 540 days after the filing of a complaint 
under paragraph (1), and there is no showing that 
such delay is due to the bad faith of the person 
seeking relief under this paragraph, such person 
may bring an action at law or equity for de novo re-
view in the appropriate district court of the United 
States, which shall have jurisdiction over such an ac-
tion without regard to the amount in controversy.’’. 
SEC. 633. MEDICAL ISOTOPE PRODUCTION. 
Section 134 of the Atomic Energy Act of 1954 (42 
U.S.C. 2160d) is amended—
(1) in subsection a., by striking ‘‘a. The Com-
mission’’ and inserting ‘‘a. IN GENERAL.—Except as 
provided in subsection b., the Commission’’; 
(2) by redesignating subsection b. as subsection 
c.; and 
(3) by inserting after subsection a. the fol-
lowing: 
‘‘b. MEDICAL ISOTOPE PRODUCTION.—
‘‘(1) DEFINITIONS.—In this subsection:
220
‘‘(A) HIGHLY ENRICHED URANIUM.—The 
term ‘highly enriched uranium’ means uranium 
enriched to include concentration of U–235 
above 20 percent. 
‘‘(B) MEDICAL ISOTOPE.—The term ‘med-
ical isotope’ includes Molybdenum 99, Iodine 
131, Xenon 133, and other radioactive mate-
rials used to produce a radiopharmaceutical for 
diagnostic, therapeutic procedures or for re-
search and development. 
‘‘(C) RADIOPHARMACEUTICAL.—The term 
‘radiopharmaceutical’ means a radioactive iso-
tope that—
‘‘(i) contains byproduct material com-
bined with chemical or biological material; 
and 
‘‘(ii) is designed to accumulate tempo-
rarily in a part of the body for therapeutic 
purposes or for enabling the production of 
a useful image for use in a diagnosis of a 
medical condition. 
‘‘(D) RECIPIENT COUNTRY.—The term ‘re-
cipient 
country’ 
means 
Canada, 
Belgium, 
France, Germany, and the Netherlands.
221
‘‘(2) LICENSES.—The Commission may issue a 
license authorizing the export (including shipment to 
and use at intermediate and ultimate consignees 
specified in the license) to a recipient country of 
highly enriched uranium for medical isotope produc-
tion if, in addition to any other requirements of this 
Act (except subsection a.), the Commission deter-
mines that—
‘‘(A) a recipient country that supplies an 
assurance letter to the United States Govern-
ment in connection with the consideration by 
the Commission of the export license applica-
tion has informed the United States Govern-
ment that any intermediate consignees and the 
ultimate consignee specified in the application 
are required to use the highly enriched uranium 
solely to produce medical isotopes; and 
‘‘(B) the highly enriched uranium for med-
ical isotope production will be irradiated only in 
a reactor in a recipient country that—
‘‘(i) uses an alternative nuclear reac-
tor fuel; or 
‘‘(ii) is the subject of an agreement 
with the United States Government to con-
vert to an alternative nuclear reactor fuel
222
when alternative nuclear reactor fuel can 
be used in the reactor. 
‘‘(3) REVIEW
OF
PHYSICAL
PROTECTION
RE-
QUIREMENTS.—
‘‘(A) IN GENERAL.—The Commission shall 
review the adequacy of physical protection re-
quirements that, as of the date of an applica-
tion under paragraph (2), are applicable to the 
transportation and storage of highly enriched 
uranium for medical isotope production or con-
trol of residual material after irradiation and 
extraction of medical isotopes. 
‘‘(B) IMPOSITION
OF
ADDITIONAL
RE-
QUIREMENTS.—If the Commission determines 
that additional physical protection requirements 
are necessary (including a limit on the quantity 
of highly enriched uranium that may be con-
tained in a single shipment), the Commission 
shall impose such requirements as license condi-
tions or through other appropriate means. 
‘‘(4) FIRST REPORT TO CONGRESS.—
‘‘(A) NAS STUDY.—The Secretary shall 
enter into an arrangement with the National 
Academy of Sciences to conduct a study to de-
termine—
223
‘‘(i) the feasibility of procuring sup-
plies of medical isotopes from commercial 
sources that do not use highly enriched 
uranium; 
‘‘(ii) the current and projected de-
mand and availability of medical isotopes 
in regular current domestic use; 
‘‘(iii) the progress that is being made 
by the Department of Energy and others 
to eliminate all use of highly enriched ura-
nium in reactor fuel, reactor targets, and 
medical isotope production facilities; and 
‘‘(iv) the potential cost differential in 
medical isotope production in the reactors 
and target processing facilities if the prod-
ucts were derived from production systems 
that do not involve fuels and targets with 
highly enriched uranium. 
‘‘(B) FEASIBILITY.—For the purpose of 
this subsection, the use of low enriched uranium 
to produce medical isotopes shall be determined 
to be feasible if—
‘‘(i) low enriched uranium targets 
have been developed and demonstrated for 
use in the reactors and target processing
224
facilities that produce significant quantities 
of medical isotopes to serve United States 
needs for such isotopes; 
‘‘(ii) sufficient quantities of medical 
isotopes are available from low enriched 
uranium targets and fuel to meet United 
States domestic needs; and 
‘‘(iii) the average anticipated total 
cost increase from production of medical 
isotopes in such facilities without use of 
highly enriched uranium is less than 10 
percent. 
‘‘(C) REPORT BY THE SECRETARY.—Not 
later than 5 years after the date of enactment 
of the Energy Policy Act of 2005, the Secretary 
shall submit to Congress a report that—
‘‘(i) contains the findings of the Na-
tional Academy of Sciences made in the 
study under subparagraph (A); and 
‘‘(ii) discloses the existence of any 
commitments from commercial producers 
to provide domestic requirements for med-
ical isotopes without use of highly enriched 
uranium consistent with the feasibility cri-
teria described in subparagraph (B) not
225
later than the date that is 4 years after 
the date of submission of the report. 
‘‘(5) SECOND REPORT TO CONGRESS.—If the 
study of the National Academy of Sciences deter-
mines under paragraph (4)(A)(i) that the procure-
ment of supplies of medical isotopes from commer-
cial sources that do not use highly enriched uranium 
is feasible, but the Secretary is unable to report the 
existence 
of 
commitments 
under 
paragraph 
(4)(C)(ii), not later than the date that is 6 years 
after the date of enactment of the Energy Policy Act 
of 2005, the Secretary shall submit to Congress a 
report that describes options for developing domestic 
supplies of medical isotopes in quantities that are 
adequate to meet domestic demand without the use 
of highly enriched uranium consistent with the cost 
increase described in paragraph (4)(B)(iii). 
‘‘(6) CERTIFICATION.—At such time as com-
mercial facilities that do not use highly enriched 
uranium are capable of meeting domestic require-
ments for medical isotopes, within the cost increase 
described in paragraph (4)(B)(iii) and without im-
pairing the reliable supply of medical isotopes for 
domestic utilization, the Secretary shall submit to 
Congress a certification to that effect.