[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.
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