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SEC. 627. LIMITATION ON LEGAL FEE REIMBURSEMENT. 
Title II of the Energy Reorganization Act of 1974 
(42 U.S.C. 5841 et seq.) is amended by adding at the end 
the following new section: 
‘‘LIMITATION ON LEGAL FEE REIMBURSEMENT 
‘‘SEC. 212. The Department of Energy shall not, ex-
cept as required under a contract entered into before the 
date of enactment of this section, reimburse any con-
tractor or subcontractor of the Department for any legal 
fees or expenses incurred with respect to a complaint sub-
sequent to—
‘‘(1) an adverse determination on the merits 
with respect to such complaint against the con-
tractor or subcontractor by the Director of the De-
partment of Energy’s Office of Hearings and Ap-
peals pursuant to part 708 of title 10, Code of Fed-
eral Regulations, or by a Department of Labor Ad-
ministrative Law Judge pursuant to section 211 of 
this Act; or 
‘‘(2) an adverse final judgment by any State or 
Federal court with respect to such complaint against 
the contractor or subcontractor for wrongful termi-
nation or retaliation due to the making of disclo-
sures protected under chapter 12 of title 5, United 
States Code, section 211 of this Act, or any com-
parable State law,
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unless the adverse determination or final judgment is re-
versed upon further administrative or judicial review.’’. 
SEC. 629. REPORT ON FEASIBILITY OF DEVELOPING COM-
MERCIAL NUCLEAR ENERGY GENERATION 
FACILITIES AT EXISTING DEPARTMENT OF 
ENERGY SITES. 
Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Energy shall submit to Con-
gress a report on the feasibility of developing commercial 
nuclear energy generation facilities at Department of En-
ergy sites in existence on the date of enactment of this 
Act. 
SEC. 630. URANIUM SALES. 
(a) SALES, TRANSFERS, AND SERVICES.—Section 
3112 of the USEC Privatization Act (42 U.S.C. 2297h–
10) is amended by striking subsections (d), (e), and (f) 
and inserting the following: 
‘‘(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
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(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 
‘‘(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—
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‘‘(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. 
‘‘(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.
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‘‘(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 
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.
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‘‘(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. 
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