II 111th CONGRESS 1st Session S. 1061 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.

Short title

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

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.

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.