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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1061 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Uranium Enrichment Decontamination 
and Decommissioning Fund Reauthorization Act of 2009''.

SEC. 2. REAUTHORIZATION OF URANIUM ENRICHMENT DECONTAMINATION AND 
              DECOMMISSIONING FUND.

    (a) Amounts in Fund.--Section 1802 of the Atomic Energy Act of 1954 
(42 U.S.C. 2297g-1) is amended--
            (1) in subsection (a)--
                    (A) by striking ``$518,233,333'' and inserting 
                ``$790,000,000''; and
                    (B) by striking ``the Energy Policy Act of 1992'' 
                and inserting ``the Uranium Enrichment Decontamination 
                and Decommissioning Fund Reauthorization Act of 2009'';
            (2) in subsection (c), by inserting after ``adjusted for 
        inflation'' the following: ``beginning 1 year after the date of 
        enactment of the Energy Policy Act of 1992'';
            (3) in subsection (d), by striking ``15 years after the 
        date of the enactment of this title'' and inserting ``12 years 
        after the date of enactment of the Uranium Enrichment 
        Decontamination and Decommissioning Fund Reauthorization Act of 
        2009''; and
            (4) in subsection (e)--
                    (A) in paragraph (1), by striking ``15 years after 
                the date of the enactment of this title'' and inserting 
                ``12 years after the date of enactment of the Uranium 
                Enrichment Decontamination and Decommissioning Fund 
                Reauthorization Act of 2009''; and
                    (B) in paragraph (2), by striking ``under such 
                subsection'' and inserting ``during the 12-year period 
                beginning on the date of enactment of the Uranium 
                Enrichment Decontamination and Decommissioning Fund 
                Reauthorization Act of 2009''.
    (b) Reports.--Section 1805 of the Atomic Energy Act of 1954 (42 
U.S.C. 2297g-4) is amended--
            (1) in the first sentence, by striking ``the date of the 
        enactment of this title'' and inserting ``the date of enactment 
        of the Uranium Enrichment Decontamination and Decommissioning 
        Fund Reauthorization Act of 2009''; and
            (2) in the second sentence, by striking ``5th report 
        submitted under this section'' and inserting ``third report 
        submitted after the date of enactment of the Uranium Enrichment 
        Decontamination and Decommissioning Fund Reauthorization Act of 
        2009''.

SEC. 3. RE-ENRICHMENT PLAN.

    (a) Plan.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Energy (referred to in this section as the 
``Secretary'') shall develop, complete, and publish in the Federal 
Register, a plan to re-enrich and sell certain cylinders of uranium 
tailings.
    (b) Contents.--The plan under subsection (a) shall provide for the 
following:
            (1) Re-enrichment requirement.--
                    (A) Requirement.--The Secretary shall seek to enter 
                into a contract with the operator of the Department of 
                Energy's uranium enrichment facility in Paducah, 
                Kentucky, for the re-enrichment of cylinders of uranium 
                tailings, with an assay of such value as the Secretary 
                finds economically suitable, located at Government-
                owned uranium enrichment sites in Paducah, Kentucky, 
                and Portsmouth, Ohio.
                    (B) Amount.--A contract under subparagraph (A) 
                shall provide for re-enrichment at the Paducah facility 
                of 50 percent of the materials in the cylinders 
                described in subparagraph (A).
                    (C) Schedule.--A contract under subparagraph (A) 
                shall provide for re-enrichment to begin not later than 
                90 days after the date of the publication in the 
                Federal Register of the plan under this section.
                    (D) Suspension or cancellation.--The Secretary may 
                suspend or cancel a contract under subparagraph (A) for 
                re-enrichment, in accordance with the Federal 
                Acquisition Regulation, if the Secretary determines--
                            (i) the operator of the Paducah facility 
                        has not fulfilled obligations regarding such 
                        re-enrichment under the contract; or
                            (ii) economic considerations are not 
                        conducive to carry out the contract at that 
                        time.
            (2) Sale of product of re-enrichment.--The Secretary shall 
        sell or contract for the sale of the product of re-enrichment 
        carried out pursuant to paragraph (1).
            (3) Sale of remaining uranium tailings.--
                    (A) In general.--The Secretary shall sell 50 
                percent of the materials in the cylinders described in 
                subparagraph (A) of paragraph (1) to qualified buyers.
                    (B) Qualified buyer.--For purposes of this 
                paragraph, the term ``qualified buyer'' means any 
                entity licensed, under the Atomic Energy Act of 1954 
                (42 U.S.C. 2011 et seq.), to possess materials in the 
                cylinders described in subparagraph (A) of paragraph 
                (1).
                    (C) Preference.--In selling the materials in the 
                cylinders described in subparagraph (A) of paragraph 
                (1), the Secretary shall give preference to qualified 
                buyers committed (as determined by the Secretary) to 
                re-enrichment of such materials in the United States.
                    (D) Additional contract for material not sold.--The 
                Secretary shall seek to enter into a contract with the 
                operator of the Department of Energy's uranium 
                enrichment facility in Paducah, Kentucky, for the re-
                enrichment of any materials in the cylinders described 
                in subparagraph (A) of paragraph (1) not sold pursuant 
                to subparagraph (A) of this paragraph.
            (4) Unable to contract.--If the Secretary does not enter 
        into a contract under subparagraph (A) of paragraph (1) within 
        270 days after the date of enactment of this Act, the Secretary 
        may do either or both of the following:
                    (A) Defer negotiation of such a contract until not 
                later than the last day of calendar year 2014.
                    (B) Sell the amount of the materials in the 
                cylinders described in subparagraph (B) of paragraph 
                (1) under terms consistent with the plan under this 
                section.
                                 <all>
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