I 

111TH CONGRESS 

1ST SESSION H. R. 2471 

To reauthorize the Uranium Enrichment Decontamination and Decommissioning Fund, to authorize the Secretary of Energy to pay affected 

participants under a pension plan referred to in the USEC Privatization 

Act for benefit increases not received, to direct the Secretary of Energy 

to provide a plan for the re-enrichment of certain uranium tailings, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2009 

Mr. WHITFIELD introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To reauthorize the Uranium Enrichment Decontamination 

and Decommissioning Fund, to authorize the Secretary 

of Energy to pay affected participants under a pension 

plan referred to in the USEC Privatization Act for benefit increases not received, to direct the Secretary of 

Energy to provide a plan for the re-enrichment of certain 

uranium tailings, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Uranium Enrichment 

3 Decontamination and Decommissioning Fund Reauthor4 ization Act of 2009’’. 

5 SEC. 2. REAUTHORIZATION OF URANIUM ENRICHMENT DE6 CONTAMINATION AND DECOMMISSIONING 

7 FUND. 

8 (a) AMOUNTS IN FUND.—Section 1802 of the Atomic 

9 Energy Act of 1954 (42 U.S.C. 2297g–1) is amended— 

10 (1) in subsection (a)— 

11 (A) by striking ‘‘$518,233,333’’ and in12 serting ‘‘$790,000,000’’; and 

13 (B) by striking ‘‘the Energy Policy Act of 

14 1992’’ and inserting ‘‘the Uranium Enrichment 

15 Decontamination and Decommissioning Fund 

16 Reauthorization Act of 2009’’; 

17 (2) in subsection (c), by inserting after ‘‘ad18 justed for inflation’’ the following: ‘‘beginning 1 year 

19 after the date of enactment of the Energy Policy Act 

20 of 1992’’; 

21 (3) in subsection (d), by striking ‘‘15 years 

22 after the date of the enactment of this title’’ and in23 serting ‘‘12 years after the date of enactment of the 

24 Uranium Enrichment Decontamination and Decom25 missioning Fund Reauthorization Act of 2009’’; and 

26 (4) in subsection (e)— 


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1 (A) in paragraph (1), by striking ‘‘15 

2 years after the date of the enactment of this 

3 title’’ and inserting ‘‘12 years after the date of 

4 enactment of the Uranium Enrichment Decon5 tamination and Decommissioning Fund Reau6 thorization Act of 2009’’; and 

7 (B) in paragraph (2), by striking ‘‘under 

8 such subsection’’ and inserting ‘‘during the 12- 

9 year period beginning on the date of enactment 

10 of the Uranium Enrichment Decontamination 

11 and Decommissioning Fund Reauthorization 

12 Act of 2009’’. 

13 (b) REPORTS.—Section 1805 of the Atomic Energy 

14 Act of 1954 (42 U.S.C. 2297g–4) is amended— 

15 (1) in the first sentence, by striking ‘‘the date 

16 of the enactment of this title’’ and inserting ‘‘the 

17 date of enactment of the Uranium Enrichment De18 contamination and Decommissioning Fund Reau19 thorization Act of 2009’’; and 

20 (2) in the second sentence, by striking ‘‘5th re21 port submitted under this section’’ and inserting 

22 ‘‘third report submitted after the date of enactment 

23 of the Uranium Enrichment Decontamination and 

24 Decommissioning Fund Reauthorization Act of 

25 2009’’. 


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1 SEC. 3. AUTHORIZATION AND DETERMINATION OF BENE2 FITS FOR AFFECTED PARTICIPANTS. 

3 (a) AUTHORIZATION FOR PAYMENT TO AFFECTED

4 PARTICIPANTS.—To the extent provided in advance in ap5 propriations Acts, the Secretary of Energy (referred to in 

6 this Act as the ‘‘Secretary’’)— 

7 (1) shall establish a program under which the 

8 Secretary shall pay any affected participant de9 scribed in subsection (b) a one-time lump sum pay10 ment in an amount to be determined by the Sec11 retary under subsection (c); and 

12 (2) may contract for the procurement of infor13 mation necessary to enable the Secretary to effec14 tively carry out the provisions of this section. 

15 (b) AFFECTED PARTICIPANT.—For the purposes of 

16 this section, an affected participant is a person described 

17 under section 3110(a)(6)(B) of the USEC Privatization 

18 Act (42 U.S.C. 2297h–8(a)(6)(B)). 

19 (c) DETERMINATION OF PAYMENT FOR AFFECTED

20 PARTICIPANTS.— 

21 (1) IN GENERAL.—The Secretary shall pay an 

22 affected participant, pursuant to an application 

23 timely filed by such participant, a one-time lump 

24 sum payment equal to an amount which bears the 

25 same ratio to the total recoverable amount described 

26 in paragraph (2) as the actuarial present value of 


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1 the accrued benefits of the affected participant 

2 under the pension plan from which a transfer of 

3 plan assets and liabilities required under section 

4 3110(a)(2) of the USEC Privatization Act (42 

5 U.S.C. 2297h–8(a)(2)) was made (as of immediately 

6 before the transfer) bears to the actuarial present 

7 value of the accrued benefits of all affected partici8 pants under the pension plan from which the trans9 fer under such section was made (as of immediately 

10 before the transfer). 

11 (2) TOTAL RECOVERABLE AMOUNT.—For pur12 poses of this subsection, the total recoverable 

13 amount is an amount equal to the excess of— 

14 (A) the present value of benefits that 

15 would have been accrued or accruable by all af16 fected participants under the pension plan from 

17 which the transfer under section 3110(a)(2) of 

18 the USEC Privatization Act was made if such 

19 transfer had not occurred and if benefit in20 creases had occurred, in connection with the 

21 transferred liabilities, under such plan equiva22 lent to benefit increases that have occurred 

23 under such plan in connection with the other li24 abilities under such plan, over 


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1 (B) the present value of benefits accrued 

2 or accruable by all such affected participants 

3 under the pension plan to which the transfer 

4 under section 3110(a)(2) of the USEC Privat5 ization Act (42 U.S.C. 2297h–8(a)(2)) was 

6 made. 

7 (3) CONSIDERATIONS.—In determining a pay8 ment under this section, the Secretary shall con9 sider, with respect to the pension plan from which 

10 the transfer under section 3110(a)(2) of the USEC 

11 Privatization Act (42 U.S.C. 2297h–8(a)(2)) was 

12 made and the pension plan to which such transfer 

13 was made, benefits accrued as of the date of enact14 ment of this Act and accruable through attainment 

15 of normal retirement age, assuming continued serv16 ice under the plan until attainment of such age and 

17 the same rate of basic pay subject to increases re18 flective of reasonably anticipated increases in the 

19 cost of living. 

20 (4) SUCCESSOR PLANS.—For the purposes of 

21 paragraphs (2) and (3), any reference to the pension 

22 plan from which the transfer under section 

23 3110(a)(2) of the USEC Privatization Act (42 

24 U.S.C. 2297h–8(a)(2)) was made shall include a ref25 erence to any successor to such plan (other than the 


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1 pension plan to which the transfer required by such 

2 section was made) if such successor plan received as3 sets in excess of the actuarial present value of ac4 crued benefits under such plan upon succession. 

5 (d) PRO RATA REDUCTION OF PAYMENT.—The Sec6 retary shall provide for pro rata reductions in payment 

7 amounts determined by the Secretary under subsection (c) 

8 to affected participants described in subsection (b) to the 

9 extent necessary to adjust for amounts provided in appro10 priation Acts for purposes of the program under sub11 section (a). 

12 (e) DETERMINATION OF FINDINGS OF FACT.—The 

13 Secretary may make findings of facts and decisions as to 

14 the rights of any affected participant applying for a pay15 ment under this section. 

16 (f) RULEMAKING.—Not later than 60 days after the 

17 date of enactment of this Act, the Secretary shall issue 

18 regulations to carry out this section. Such regulations 

19 shall provide a requirement for applicants for payments 

20 under this section to consent to the release of any informa21 tion requested by the Secretary. 

22 (g) PUBLIC NOTICE.—To the extent practicable, the 

23 Secretary shall provide notice to individuals who may be 

24 eligible to receive a payment under this section. 


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1 (h) APPLICATION FOR PAYMENT.—To be eligible for 

2 a payment under this section, an affected participant shall 

3 prepare and submit to the Secretary an application— 

4 (1) not later than 240 days after the date of 

5 enactment of this Act; 

6 (2) in such manner; and 

7 (3) containing such information as the Sec8 retary requires. 

9 (i) TIMELY PAYMENTS.—To the extent practicable, 

10 the Secretary shall determine and make a payment to an 

11 affected participant not later than 180 days after such 

12 participant’s submission of an application for payment 

13 under subsection (h). 

14 (j) ELECTION TO TREAT PAYMENT AS ROLLOVER

15 CONTRIBUTION TO IRA.— 

16 (1) IN GENERAL.—Any affected participant who 

17 receives a payment under this section may, at any 

18 time during the 1-year period beginning on the day 

19 after the date on which such payment was received, 

20 make one or more contributions in an aggregate 

21 amount not to exceed the amount of such payment 

22 to an individual retirement plan (as defined by sec23 tion 7701(a)(37) of the Internal Revenue Code of 

24 1986). 


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1 (2) TREATMENT OF CONTRIBUTIONS TO

2 IRAS.—For purposes of the Internal Revenue Code 

3 of 1986, if a contribution is made to an individual 

4 retirement plan pursuant to paragraph (1), then— 

5 (A) except as provided in paragraph (3), 

6 such contribution shall not be included in gross 

7 income, and 

8 (B) to the extent of the amount of such 

9 contribution, such contribution shall be treat10 ed— 

11 (i) as a distribution described in sec12 tion 408(d)(3) of such Code, and 

13 (ii) as having been transferred to the 

14 individual retirement account in a direct 

15 trustee to trustee transfer within 60 days 

16 of the distribution. 

17 (3) SPECIAL RULE FOR ROTH IRAS.—If a con18 tribution is made under paragraph (1) to a Roth 

19 IRA, such contribution shall be includible in gross 

20 income and, unless the taxpayer elects not to have 

21 this clause apply, such contribution shall be so in22 cluded ratably over the 2-taxable-year period begin23 ning with the first taxable year in which such con24 tribution is made. 

25 (k) HEARING AND JUDICIAL REVIEW.— 


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1 (1) HEARING.— 

2 (A) IN GENERAL.—Upon request by any 

3 affected participant applying for a payment 

4 under this section, who makes a showing in 

5 writing that such participant’s rights may have 

6 been prejudiced by any decision the Secretary 

7 has rendered, the Secretary shall give such par8 ticipant reasonable notice and opportunity for a 

9 hearing with respect to such decision, and, if a 

10 hearing is held, shall, on the basis of evidence 

11 adduced at the hearing, affirm, modify, or re12 verse the Secretary’s findings of fact and such 

13 decision. 

14 (B) REQUEST FOR HEARING.—Any request 

15 for a hearing under this subsection must be 

16 filed within 60 days after notice of a decision 

17 by the Secretary is received by the affected par18 ticipant making such a request. 

19 (C) SECRETARY.—The Secretary is further 

20 authorized, on the Secretary’s own motion, to 

21 hold such hearings and to conduct such inves22 tigations and other proceedings as the Sec23 retary may deem necessary or proper for the 

24 administration of this section. 

25 (2) JUDICIAL REVIEW.— 


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1 (A) IN GENERAL.—Any affected partici2 pant, after any final decision of the Secretary 

3 made after a hearing to which such participant 

4 was a party, irrespective of the amount in con5 troversy, may obtain a review of such decision 

6 by a civil action commenced within 60 days 

7 after the mailing to such participant of notice 

8 of such decision or within such further time as 

9 the Secretary may allow. 

10 (B) JURISDICTION AND VENUE.—An ac11 tion under this section shall be brought in the 

12 district court of the United States for the judi13 cial district in which the affected participant 

14 plaintiff resides, or where such plaintiff has a 

15 principal place of business, or, if such plaintiff 

16 does not reside or have a principal place of 

17 business within any such judicial district, in the 

18 United States District Court for the District of 

19 Columbia. 

20 (C) JUDICIAL DETERMINATION.—The 

21 court shall have power to enter, upon the plead22 ings and transcript of the record, a judgment 

23 affirming, modifying, or reversing the decision 

24 of the Secretary, with or without remanding the 

25 cause for a rehearing. 


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1 (D) FINAL JUDGMENT.—The judgment of 

2 the court shall be final, except that it shall be 

3 subject to review in the same manner as a judg4 ment in other civil actions. 

5 (E) CHANGE IN SECRETARY.—Any action 

6 instituted in accordance with this section shall 

7 survive notwithstanding any change in the per8 son occupying the office of Secretary or any va9 cancy in such office. 

10 (l) SECRETARY’S RESPONSIBILITY; NO THIRD PARTY

11 LIABILITY.— 

12 (1) SECRETARY’S RESPONSIBILITY.—The Sec13 retary shall be responsible for all payments and 

14 costs under this section, for reporting payments to 

15 affected participants and the Internal Revenue Serv16 ice on Form number 1099R (or such other form as 

17 required by the Internal Revenue Service) for income 

18 tax purposes, and for answering questions relating 

19 to the implementation of this section for affected 

20 participants and applicants for payment. In no event 

21 shall the current or former employer of an affected 

22 participant or applicant be responsible for providing 

23 communication, making payments, reporting pay24 ments, answering questions, or providing calcula25 tions. 


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1 (2) NO THIRD PARTY LIABILITY.—Nothing in 

2 this section shall be deemed to impose any liability 

3 or cost, or authorize any claim against the operator 

4 of the Department of Energy’s uranium enrichment 

5 facility in Paducah, Kentucky, or against any person 

6 or entity other than the Secretary. 

7 (m) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the Secretary such 

9 amounts as necessary to carry out this section. 

10 SEC. 4. RE-ENRICHMENT PLAN. 

11 (a) PLAN.—Not later than 180 days after the date 

12 of enactment of this Act, the Secretary shall develop, com13 plete, and publish in the Federal Register, a plan to re14 enrich and sell certain cylinders of uranium tailings. 

15 (b) CONTENTS.—The plan under subsection (a) shall 

16 provide for the following: 

17 (1) RE-ENRICHMENT REQUIREMENT.— 

18 (A) REQUIREMENT.—The Secretary shall 

19 seek to enter into a contract with the operator 

20 of the Department of Energy’s uranium enrich21 ment facility in Paducah, Kentucky, for the re22 enrichment of cylinders of uranium tailings, 

23 with an assay of such value as the Secretary 

24 finds economically suitable, located at GovernVerDate Nov 24 2008 22:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2471.IH H2471

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1 ment-owned uranium enrichment sites in Padu2 cah, Kentucky, and Portsmouth, Ohio. 

3 (B) AMOUNT.—A contract under subpara4 graph (A) shall provide for re-enrichment at the 

5 Paducah facility of 50 percent of the materials 

6 in the cylinders described in subparagraph (A). 

7 (C) SCHEDULE.—A contract under sub8 paragraph (A) shall provide for re-enrichment 

9 to begin not later than 90 days after the date 

10 of the publication in the Federal Register of the 

11 plan under this section, subject to plant capac12 ity and availability. 

13 (D) SUSPENSION OR CANCELLATION.—The 

14 Secretary may suspend or cancel a contract 

15 under subparagraph (A) for re-enrichment, in 

16 accordance with the Federal Acquisition Regu17 lation, if the Secretary determines— 

18 (i) the operator of the Paducah facil19 ity has not fulfilled obligations regarding 

20 such re-enrichment under the contract; or 

21 (ii) economic considerations are not 

22 conducive to carry out the contract at that 

23 time. 

24 (2) SALE OF PRODUCT OF RE-ENRICHMENT.— 

25 The Secretary shall sell or contract for the sale of 


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1 the product of re-enrichment carried out pursuant to 

2 paragraph (1). 

3 (3) SALE OF REMAINING URANIUM TAILINGS.— 

4 (A) IN GENERAL.—The Secretary shall sell 

5 50 percent of the materials in the cylinders de6 scribed in subparagraph (A) of paragraph (1) 

7 to qualified buyers. 

8 (B) QUALIFIED BUYER.—For purposes of 

9 this paragraph, the term ‘‘qualified buyer’’ 

10 means any entity licensed, under the Atomic 

11 Energy Act of 1954 (42 U.S.C. 2011 et seq.), 

12 to possess materials in the cylinders described 

13 in subparagraph (A) of paragraph (1). 

14 (C) PREFERENCE.—In selling the mate15 rials in the cylinders described in subparagraph 

16 (A) of paragraph (1), the Secretary shall give 

17 preference to qualified buyers committed (as de18 termined by the Secretary) to re-enrichment of 

19 such materials in the United States. 

20 (D) ADDITIONAL CONTRACT FOR MATE21 RIAL NOT SOLD.—The Secretary shall seek to 

22 enter into a contract with the operator of the 

23 Department of Energy’s uranium enrichment 

24 facility in Paducah, Kentucky, for the re-enrich25 ment of any materials in the cylinders described 


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1 in subparagraph (A) of paragraph (1) not sold 

2 pursuant to subparagraph (A) of this para3 graph. 

4 (4) UNABLE TO CONTRACT.—If the Secretary 

5 does not enter into a contract under subparagraph 

6 (A) of paragraph (1) within 270 days after the date 

7 of enactment of this Act, the Secretary may do ei8 ther or both of the following: 

9 (A) Defer negotiation of such a contract 

10 until not later than the last day of calendar 

11 year 2014. 

12 (B) Sell the amount of the materials in the 

13 cylinders described in subparagraph (B) of 

14 paragraph (1) under terms consistent with the 

15 plan under this section. 

Æ 


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