II 

111TH CONGRESS 

1ST SESSION S. 1061 

To reauthorize the Uranium Enrichment Decontamination and Decommissioning Fund and to direct the Secretary of Energy to provide a plan 

for the re-enrichment of certain uranium tailings. 

IN THE SENATE OF THE UNITED STATES 

MAY 18, 2009 

Mr. BROWN introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To reauthorize the Uranium Enrichment Decontamination 

and Decommissioning Fund and to direct the Secretary 

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

certain uranium tailings. 

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 ‘‘Uranium Enrichment 

5 Decontamination and Decommissioning Fund Reauthor6 ization Act of 2009’’. 


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1 SEC. 2. REAUTHORIZATION OF URANIUM ENRICHMENT DE2 CONTAMINATION AND DECOMMISSIONING 

3 FUND. 

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

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

6 (1) in subsection (a)— 

7 (A) by striking ‘‘$518,233,333’’ and in8 serting ‘‘$790,000,000’’; and 

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

10 1992’’ and inserting ‘‘the Uranium Enrichment 

11 Decontamination and Decommissioning Fund 

12 Reauthorization Act of 2009’’; 

13 (2) in subsection (c), by inserting after ‘‘ad14 justed for inflation’’ the following: ‘‘beginning 1 year 

15 after the date of enactment of the Energy Policy Act 

16 of 1992’’; 

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

18 after the date of the enactment of this title’’ and in19 serting ‘‘12 years after the date of enactment of the 

20 Uranium Enrichment Decontamination and Decom21 missioning Fund Reauthorization Act of 2009’’; and 

22 (4) in subsection (e)— 

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

24 years after the date of the enactment of this 

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

26 enactment of the Uranium Enrichment DeconVerDate Nov 24 2008 23:46 May 18, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1061.IS S1061

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1 tamination and Decommissioning Fund Reau2 thorization Act of 2009’’; and 

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

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

5 year period beginning on the date of enactment 

6 of the Uranium Enrichment Decontamination 

7 and Decommissioning Fund Reauthorization 

8 Act of 2009’’. 

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

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

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

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

13 date of enactment of the Uranium Enrichment De14 contamination and Decommissioning Fund Reau15 thorization Act of 2009’’; and 

16 (2) in the second sentence, by striking ‘‘5th re17 port submitted under this section’’ and inserting 

18 ‘‘third report submitted after the date of enactment 

19 of the Uranium Enrichment Decontamination and 

20 Decommissioning Fund Reauthorization Act of 

21 2009’’. 

22 SEC. 3. RE-ENRICHMENT PLAN. 

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

24 of enactment of this Act, the Secretary of Energy (re25 ferred to in this section as the ‘‘Secretary’’) shall develop, 


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1 complete, and publish in the Federal Register, a plan to 

2 re-enrich and sell certain cylinders of uranium tailings. 

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

4 provide for the following: 

5 (1) RE-ENRICHMENT REQUIREMENT.— 

6 (A) REQUIREMENT.—The Secretary shall 

7 seek to enter into a contract with the operator 

8 of the Department of Energy’s uranium enrich9 ment facility in Paducah, Kentucky, for the re10 enrichment of cylinders of uranium tailings, 

11 with an assay of such value as the Secretary 

12 finds economically suitable, located at Govern13 ment-owned uranium enrichment sites in Padu14 cah, Kentucky, and Portsmouth, Ohio. 

15 (B) AMOUNT.—A contract under subpara16 graph (A) shall provide for re-enrichment at the 

17 Paducah facility of 50 percent of the materials 

18 in the cylinders described in subparagraph (A). 

19 (C) SCHEDULE.—A contract under sub20 paragraph (A) shall provide for re-enrichment 

21 to begin not later than 90 days after the date 

22 of the publication in the Federal Register of the 

23 plan under this section. 

24 (D) SUSPENSION OR CANCELLATION.—The 

25 Secretary may suspend or cancel a contract 


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

2 accordance with the Federal Acquisition Regu3 lation, if the Secretary determines— 

4 (i) the operator of the Paducah facil5 ity has not fulfilled obligations regarding 

6 such re-enrichment under the contract; or 

7 (ii) economic considerations are not 

8 conducive to carry out the contract at that 

9 time. 

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

11 The Secretary shall sell or contract for the sale of 

12 the product of re-enrichment carried out pursuant to 

13 paragraph (1). 

14 (3) SALE OF REMAINING URANIUM TAILINGS.— 

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

16 50 percent of the materials in the cylinders de17 scribed in subparagraph (A) of paragraph (1) 

18 to qualified buyers. 

19 (B) QUALIFIED BUYER.—For purposes of 

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

21 means any entity licensed, under the Atomic 

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

23 to possess materials in the cylinders described 

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


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1 (C) PREFERENCE.—In selling the mate2 rials in the cylinders described in subparagraph 

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

4 preference to qualified buyers committed (as de5 termined by the Secretary) to re-enrichment of 

6 such materials in the United States. 

7 (D) ADDITIONAL CONTRACT FOR MATE8 RIAL NOT SOLD.—The Secretary shall seek to 

9 enter into a contract with the operator of the 

10 Department of Energy’s uranium enrichment 

11 facility in Paducah, Kentucky, for the re-enrich12 ment of any materials in the cylinders described 

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

14 pursuant to subparagraph (A) of this para15 graph. 

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

17 does not enter into a contract under subparagraph 

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

19 of enactment of this Act, the Secretary may do ei20 ther or both of the following: 

21 (A) Defer negotiation of such a contract 

22 until not later than the last day of calendar 

23 year 2014. 

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

25 cylinders described in subparagraph (B) of 


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1 paragraph (1) under terms consistent with the 

2 plan under this section. 

Æ 


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