Excess Uranium Transparency and Accountability Act

Summary: Excess Uranium Transparency and Accountability Act  This bill amends the USEC Privatization Act governing uranium transfers and sales to require the Department of Energy (DOE) to issue, beginning January 1, 2017, and at least once every 10 years afterwards, a long-term excess uranium inventory management plan that details how all forms of excess DOE uranium inventories will be managed for a minimum period of 10 years.  This management plan must outline DOE steps that will: (1) minimize the impact of DOE's transferring, selling, or otherwise providing uranium upon the domestic uranium mining, conversion, and enrichment industries; and (2) ensure that the federal government maximizes for itself the potential value of uranium.  DOE may provide from its stockpile up to 2100 and up to 2700 metric tons of uranium in any form (currently, only natural and low-enriched uranium) for the periods calendar 2016-2023 and beginning January 1, 2024, respectively.  Before making any determination that the sale of the material will not have an adverse material impact on the domestic uranium mining, conversion, or enrichment industry, DOE shall publish the proposed determination in the Federal Register pursuant to a rulemaking.  Any market analysis prepared by or for DOE as part of the determination process shall be subject to a peer review process consistent with Office of Management and Budget guidelines. Beginning on January 1, 2021, the requirement for a DOE determination of no adverse material impact on the domestic uranium industry shall be waived for transferring, selling, or otherwise providing uranium if it has been identified in an updated long-term federal excess uranium inventory management plan.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Excess Uranium Transparency and 
Accountability Act''.

SEC. 2. URANIUM TRANSFERS AND SALES.

    Section 3112 of the USEC Privatization Act (42 U.S.C. 2297h-10) is 
amended--
            (1) by redesignating subsections (b) through (f) as 
        subsections (d) through (h), respectively;
            (2) by striking subsection (a) and inserting the following:
    ``(a) Definitions.--In this section:
            ``(1) Depleted uranium.--The term `depleted uranium' means 
        uranium having an assay less than the assay for--
                    ``(A) natural uranium; or
                    ``(B) 0.711 percent of the uranium-235 isotope.
            ``(2) Highly enriched uranium.--The term `highly enriched 
        uranium' means uranium having an assay of 20 percent or greater 
        of the uranium-235 isotope.
            ``(3) Low-enriched uranium.--The term `low-enriched 
        uranium' means uranium having an assay greater than 0.711 
        percent but less than 20 percent of the uranium-235 isotope.
            ``(4) Metric ton of uranium.--The term `metric ton of 
        uranium' means 1,000 kilograms of uranium.
            ``(5) Natural uranium.--The term `natural uranium' means 
        uranium having an assay of 0.711 percent of the uranium-235 
        isotope.
            ``(6) Off-spec uranium.--The term `off-spec uranium' means 
        uranium in any form, including depleted uranium, highly 
        enriched uranium, low-enriched uranium, natural uranium, UF6, 
        and any byproduct of uranium processing, that does not meet the 
        specification for commercial material (as defined by the 
        standards of the American Society for Testing and Materials).
            ``(7) Uranium.--Other than in subsection (c), the term 
        `uranium' includes natural uranium, uranium hexafluoride, 
        highly enriched uranium, low-enriched uranium, depleted 
        uranium, and any byproduct of uranium processing.
            ``(8) Uranium hexafluoride; uf6.--The terms `uranium 
        hexafluoride' and `UF6' mean uranium that has been combined 
        with fluorine, to form a compound that, dependent on 
        temperature and pressure, can be a solid, liquid, or gas.
    ``(b) Transfers and Sales by the Secretary.--The Secretary shall 
not provide enrichment services, or transfer, sell or otherwise provide 
any uranium to any person except in accordance with this section.
    ``(c) Development of Federal Excess Uranium Management Plan.--
            ``(1) In general.--Beginning on January 1, 2017, and not 
        less frequently than once every 10 years thereafter, the 
        Secretary shall issue a long-term Federal excess uranium 
        inventory management plan (referred to in this section as the 
        `plan') that details the management of the excess uranium 
        inventories of the Department of Energy and covers a period of 
        not fewer than 10 years.
            ``(2) Content.--
                    ``(A) In general.--The plan shall cover all forms 
                of uranium within the excess uranium inventory of the 
                Department of Energy, including depleted uranium, 
                highly enriched uranium, low-enriched uranium, natural 
                uranium, off-spec uranium, and UF6.
                    ``(B) Reducing impact on domestic industry.--The 
                plan shall outline steps the Secretary will take to 
                minimize the impact of transferring, selling, or 
                otherwise providing uranium on the domestic uranium 
                mining, conversion, and enrichment industries, 
                including any actions for which the Secretary would 
                require new authority.
                    ``(C) Maximizing benefits to the federal 
                government.--The plan shall outline steps the Secretary 
                shall take to ensure that the Federal Government 
                maximizes the potential value of uranium for the 
                Federal Government.
            ``(3) Proposed plan.--Before issuing the final plan, the 
        Secretary shall publish a proposed plan in the Federal Register 
        pursuant to a rulemaking under section 553 of title 5, United 
        States Code.
            ``(4) Deadlines for submission.--The Secretary shall 
        issue--
                    ``(A) a proposed plan for public comment under 
                paragraph (3) not later than 180 days after the date of 
                enactment of this paragraph; and
                    ``(B) a final plan not later than 1 year after the 
                date of enactment of this paragraph.'';
            (3) in subsection (d) (as redesignated by paragraph (1))--
                    (A) in the sixth sentence of paragraph (3), by 
                striking ``subsections (b)(5), (b)(6) and (b)(7) of 
                this section'' and inserting ``paragraphs (5), (6), and 
                (7)''; and
                    (B) in paragraph (8), by striking ``(b)'';
            (4) in subsection (e)(1) (as redesignated by paragraph 
        (1)), by striking ``subsection (c)(2)'' and inserting 
        ``paragraph (2)'';
            (5) in subsection (f) (as redesignated by paragraph (1))--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--Notwithstanding the transfers authorized 
        under subsections (e) and (g), the Secretary may transfer, 
        sell, or otherwise provide any uranium from the stockpile of 
        the Department of Energy, subject to the following limitations:
                    ``(A) Effective for the period of calendar years 
                2016 through 2023, and notwithstanding any other 
                provision of law, the Secretary shall not transfer, 
                sell, or otherwise provide more than 2,100 metric tons 
                of natural uranium equivalent annually in any form, 
                including depleted uranium, highly enriched uranium, 
                low-enriched uranium, natural uranium, off-spec 
                uranium, and UF6.
                    ``(B) Effective beginning on January 1, 2024, and 
                notwithstanding any other provision of law, the 
                Secretary shall not transfer, sell, or otherwise 
                provide more than 2,700 metric tons of natural uranium 
                equivalent annually in any form, including depleted 
                uranium, highly enriched uranium, low-enriched uranium, 
                natural uranium, off-spec uranium, and UF6.'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``(2) Except as provided 
                in subsections (b), (c), and (e)'' and inserting the 
                following:
            ``(2) Determinations.--Except as provided in subsections 
        (d), (e), and (g), and subject to paragraph (3)''; and
                    (C) by adding at the end the following:
            ``(3) Requirements for determinations.--
                    ``(A) Proposed determination.--Before making a 
                determination under paragraph (2)(B), the Secretary 
                shall publish a proposed determination in the Federal 
                Register pursuant to a rulemaking under section 553 of 
                title 5, United States Code.
                    ``(B) Quality of market analysis.--Any market 
                analysis that is prepared by the Department of Energy, 
                or that the Department of Energy commissions for the 
                Secretary as part of the determination process under 
                paragraph (2)(B), shall be subject to a peer review 
                process consistent with the guidelines of the Office of 
                Management and Budget published at 67 Fed. Reg. 8452-
                8460 (February 22, 2002) (or successor guidelines), to 
                ensure and maximize the quality, objectivity, utility, 
                and integrity of information disseminated by Federal 
                agencies.
                    ``(C) Waiver of secretarial determination.--
                Beginning on January 1, 2021, the requirement for a 
                determination by the Secretary under paragraph (2)(B) 
                shall be waived for transferring, selling, or otherwise 
                providing uranium by the Secretary if the uranium has 
                been identified in the updated long-term Federal excess 
                uranium inventory management plan under subsection 
                (c)(1).''; and
            (6) in subsection (g) (as redesignated by paragraph (1)), 
        in the matter preceding paragraph (1), by striking ``(d)(2)'' 
        and inserting ``(f)(2)''.