I 

112TH CONGRESS 

1ST SESSION H. R. 2054 

To provide for the reenrichment of certain depleted uranium owned by the 

Department of Energy, and for the sale or barter of the resulting 

reenriched uranium, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2011 

Mr. WHITFIELD introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To provide for the reenrichment of certain depleted uranium 

owned by the Department of Energy, and for the sale 

or barter of the resulting reenriched uranium, 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 ‘‘Energy and Revenue 

5 Enrichment Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Energy. 

3 (2) ENRICHMENT PLANT.—The term ‘‘enrich4 ment plant’’ means a uranium enrichment plant 

5 owned by the Department of Energy with respect to 

6 which the Nuclear Regulatory Commission has made 

7 a determination of compliance under section 

8 1701(b)(2) of the Atomic Energy Act of 1954 (42 

9 U.S.C. 2297f(b)(2)). 

10 (3) QUALIFIED OPERATOR.—The term ‘‘quali11 fied operator’’ means a company that has experience 

12 in operating an enrichment plant under Nuclear 

13 Regulatory Commission authorization and has the 

14 ability and workforce to enrich the depleted uranium 

15 that is owned by the Department of Energy. 

16 (4) REENRICHMENT.—The term ‘‘reenrich17 ment’’ means increasing the weight percent of U– 

18 235 in uranium in order to make the uranium usa19 ble. 

20 (5) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Energy. 

22 SEC. 3. REENRICHMENT CONTRACT. 

23 (a) IN GENERAL.— 

24 (1) REQUIREMENT.—The Secretary shall enter 

25 into a contract with a qualified operator for a 24- 


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1 month pilot program for the reenrichment at an en2 richment plant of the depleted uranium described in 

3 section 2(3) that the Secretary finds economically 

4 viable. The Secretary shall seek to maximize the fi5 nancial return to the Federal Government in negoti6 ating the terms of such contract. 

7 (2) AMOUNT OF ENRICHMENT.—The Secretary 

8 shall, during each year of the pilot program under 

9 this subsection, conduct uranium reenrichment 

10 under such program in an amount (measured in sep11 arative work units) equal to approximately 25 per12 cent of the aggregate uranium enrichment conducted 

13 in the United States during calendar year 2010. 

14 (3) ECONOMIC VIABILITY.—For purposes of 

15 paragraph (1), uranium shall be considered economi16 cally viable if the cost to the United States of the 

17 reenrichment thereof, including the costs of the con18 tract entered into under paragraph (1), are less than 

19 the revenue anticipated from the sale of the re20 enriched uranium. 

21 (b) COMMENCEMENT OF REENRICHMENT ACTIVI22 TIES.—Reenrichment activities under the contract entered 

23 into under subsection (a) shall commence as soon as pos24 sible, but no later than June 1, 2012. 


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1 (c) SALE OF REENRICHED URANIUM.—The Sec2 retary may from time to time sell the reenriched uranium 

3 generated pursuant to the contract entered into under 

4 subsection (a). 

5 (d) ALLOCATION AND USE OF PROCEEDS.—Any 

6 funds received by the Secretary from the sale of reenriched 

7 uranium generated pursuant to the contract entered into 

8 under subsection (a) shall be allocated as follows: 

9 (1) First, such funds shall be available to the 

10 Secretary, without further appropriation and without 

11 fiscal year limitation, to carry out this section, in12 cluding amounts required to be paid under the con13 tract entered into under subsection (a). 

14 (2) Any amounts not required for the purposes 

15 described in paragraph (1) shall be transferred to 

16 the Uranium Enrichment Decontamination and De17 commissioning Fund established in section 1801 of 

18 the Atomic Energy Act of 1954 (42 U.S.C. 2297g), 

19 to be available for use, without further appropriation 

20 and without fiscal year limitation. 

21 SEC. 4. DEPLETED URANIUM. 

22 (a) TITLE AND RESPONSIBILITY FOR DISPOSI23 TION.—The Secretary shall assume title to, and responsi24 bility for the disposition of, all depleted uranium generated 

25 pursuant to the contract entered into under section 3(a). 


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1 (b) FUNDING FOR REENRICHMENT.—To provide 

2 funding for payments under the contract entered into 

3 under section 3(a), the Secretary may— 

4 (1) assume title to, and responsibility for the 

5 disposition of, depleted uranium in addition to the 

6 depleted uranium specified in subsection (a); and 

7 (2) transfer to the qualified operator title to 

8 uranium generated as a result of the reenrichment 

9 pursuant to the contract entered into under section 

10 3(a). 

11 SEC. 5. LIMITATION ON FEDERAL URANIUM SALES. 

12 (a) INITIAL PERIOD.—Notwithstanding section 

13 3112(d) of the USEC Privatization Act (42 U.S.C. 

14 2297h–10(d)), during the 24-month pilot program and the 

15 subsequent 24 months after that program is complete, the 

16 Secretary may not during any calendar year sell an 

17 amount of uranium that exceeds 15 percent of the United 

18 States’ domestic uranium supply for that year. 

19 (b) SUBSEQUENT PERIOD.—After the expiration of 

20 the 48-month period described in subsection (a), the Sec21 retary may not during any calendar year sell an amount 

22 of uranium that exceeds 10 percent of the United States’ 

23 domestic uranium supply for that year, except to the exVerDate Mar 15 2010 23:57 Jun 02, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2054.IH H2054

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1 tent that the Secretary determines that such sales will 

2 have no significant effect on uranium markets. 

Æ 


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