[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1428 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 1428
To amend the USEC Privatization Act to require the Secretary of Energy
to issue a long-term Federal excess uranium inventory management plan,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2015
Mr. Barrasso (for himself, Mr. Markey, Mr. Cornyn, and Mr. Heinrich)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the USEC Privatization Act to require the Secretary of Energy
to issue a long-term Federal excess uranium inventory management plan,
and for other purposes.
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 ``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)''.
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