ML20211J992

Provides Several Provisions to (Public Law 104-134) & USEC Privatization Act, Per Request

ML20211J992
Person / Time
Issue date:	05/14/1996
From:	Cyr K NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Dicus G, Shirley Ann Jackson, Rogers K, The Chairman NRC COMMISSION (OCM)
Shared Package
ML20008B475	List: ML20211J985 ML20211J992 ML20211K011 ML20211K024 ML20211K038 ML20211K050 ML20211K055 ML20211K135 ML20211K161 ML20211K167 ML20211K177 ML20211K181 ML20211K185 ML20211K191 ML20211K198 ML20211K219 ML20211K238 ML20211K257 ML20211K290 ML20211K317 ML20211K348 ML20211K362 ML20211K391 ML20211K402 ML20217G099 ML20217G118 ML20217G145 ML20217G168
References
FRN-62FR6664, RULE-PR-2, RULE-PR-40, RULE-PR-70, RULE-PR-76 AF56-2-003, AF56-2-3, NUDOCS 9710090086
Download: ML20211J992 (17)

Text

{{#Wiki_filter:- o 5' hb f(g Mcuq'o,, UNITED STATES /W ' 'g' 4', NUCLEAR REGULATORY COMMISSION e. 7 WASHINGTON, D.C, 20655-0001 g _f e %**.../ May 14,1996 OFFICE oF THE oENERAL COUNs(L MEMORANDUM T0: Chairman Jackson Commissioner Roger' Commissioner Dicus m ['<},g) FROM: Karen Cyr 2.h ( General C sel

SUBJECT:

USEC PRIVATIZATION ACT On April 26, 1996, President Clinton signed into law H.R. 3019 (Public Law No. 104-134, legislation which provides FY 1996 appro)riations to a number of Federal)sgencies. Included within the Act is a su) chapter entitled, the "USEC Privatization Act." This legislation directs the Board of Directors of the United States Enrichment Corporation (USEC) to sell the assets of the USEC to a private sector entity. The private sector corporation that purchases the assets of the Corporation will be responsible for the operation of the two gaseous diffusion facilities and the development of the atomic vapor laser isotope separation technology (AVLIS). -The legislation includes several provisions that the NRC had requested. These are: 1. The eli'nination of the requirement that the NRC annually certify that the gaseous diffusion facilities are in compliance with NRC requirements. Instead, the NRC is to determine.the frequency of certification, provided that a certification decision is made at least once every five years. The legislation, however, does. not eliminate the requirement found in section 1701(a) of the Atomic Energy Act that the-NRC shall report at least annually to the Congress on the ststus of health, safety and environmental conditions at the gaseous diffusion facilities. This reporting requirement will be eliminated in 1999 pursuant to the provisions of the Federal Reports Elimination and Sunset Act, unless Congress' reenacts the reporting requirement. To satisfy the reporting requirement in those years that the NRC does not issue a certification decision, the agency will need to submit a document to the ' Congress referencing the prior certification and providing pertinent new information, such as a summary of its inspection reports and enforcement actions. CONTACT: Trip Rothschild, 0GC -415-1611 9710090086 971003 PDR PR 2 62rR6664 PDR

y. The Commission 2. The elimination, upon privatization, of dual NRC-0SHA regulation of the protection of workers from radiological hazards at the private Corporation's facilities. NRC will have the exclusive responsibility for regulating radiological hazards. OSHA will have the exclusive responsibility for the non-radioactive hazards. For workplace hazards containing both radiological and non-radiological con.ponents, both agencies will have jurisdiction. The legislation directs the two agencies to enter into a Memorandum of Agreement within 90 days of enactment of the legislation (July 25,1996) which will establish the respective responsibilities of the agencies. The staffs of the two agencies have reached agreement and a draft Memorandum of Agreement will soon be presented to the commission for its approval; 3. The authorization for the NRC to impose civil penalties on the USEC or its successor for failure to comply with regulatory requirements governing the gaseous diffusion facilities. The Congress had inadvertently failed to give the Commission that authority when it established the USEC; 4. The authorization to use a one-step licensing process set forth in section 193 of the Atomic Energy Act for AVLIS, rather than the two-step process that had previously been required; 5. The placement of judicial challenges to agency certification decisions and rules governing the gaseous diffusion facilities in the Federal courts of appeals rather than the Fearal district courts; and 6. The explicit statement that sections 206 (reporting of defects and regulatory violations) and 211 (whistleblower protection) of the Energy Reorganization Act will continue to be applicable after privatization. The Act also includes two other noteworthy provisions. 1. At the request of the Corporation, the Department of Energy shall accept foi disposal low-level radioactive waste (including depleted uranium, if it is ultimately determined to be such waste), generated not only from the operation of the gaseous diffusion facilities, but also by a uranium enrichment facility licensed by the Nuclear Regulatory Commtssion. (This would encompass the proposed Louisiana Enrichment Services (LES) facility. The disposition of depleted uranium tailings generated by this facility is a subject of contention in the ongoing LES licensing proceeding.) 2. The Commission may not issue any license or certificate of compliance to the USEC or its successor if (1) the Corporation is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government; or (2) the issuance of the license would be inimical to (a) the common defense and security of the United States or (b) the maintenance of a reliable and economical sources of enrichment services. This last clause is unusual in that the Congress had not previously

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The Commission- < assigned the NRC the role of considering whether its regulatory decisions will maintain reliable and economical domestic sources of supply. This provision is limited to regulatory decisions involving the USEC and its successors and not to other NRC regulatory actions. A more detailed summary of the legislation is attached. For tracking purposes, two tasks result from the legislation. First, as noted above, the NRC will need to enter into a Memorandum of Agreement with OSHA no later than July 25, 1996.- Second, the NRC staff will need to review Part 76, [ the NRC regulations governing the regulation of the gaseous diffusion facilities, to determine what changes need to be made to conform the regulations with the new statutory provisions. 4 Attachments: (1) Summary of USEC Privatization Act (2) Text of USEC Privatization Act 4- - cc: ED0-NMSS RES 4 OCAA-OCA OPA IG SECY-4 1 4 i

P* t ATTACHMENT 1 l l s

Summary of USEC Privatizktion Act Section 3101 entitles the legislation the "USEC Privatization Act." Section 3102 contains definitions, two of which warrant mentioning. For purposes of the legislation, the term Corp 0 ration includes the United States Enrichment Corporation (USEC) and any private corporation successor. The "privatization date" refers to the date on which 100 percent of the ownership of the USEC has been transferred to a private entity. Section 3103 )rovides that the Board of Directors of the USEC, with the approval of tie Secretary of the Treasury, shall transfer the interest of the United States in the USEC to the private sector in a manner that provides for the long term viability of the Corporation, provides for the continued operation of the gaseous diffusion enrichment facilities, provides for the protection of the public interest in maintaining a reliable and economical domestic source of uranium mining, enrichment and conversion services, and secures the maximum proceeds to the United States, iere is no time period established in the Act by which privatization must t s e place. Section 3104 states that the Board of Directors of the USEC, with the approval l of the Secretary of the Treasury, shall select the method of transfer and establish terms and conditions for that are consistent with the principles specified in section 3103. The Secretary of the Treasury is not to allow the privatization of the USEC without first determining that the method of transfer will provide the maximum proceeds to the Treasury consistent with the principles set forth in section 3103. Section 3105 mandates that the private corporation which acquires the assets of the USEC is not to be an instrumentality of the Federal Government and that the Federal Government, unless otherwise specified in the legislation, is net responsible for the financial obligations of the Corporation. This section further provides that the post-employment restrictions (18 U.S.C. 207) applicable to USEC employees shall not apply to those individuals employed by the USEC for the 45 days proceeding privatization who accept employment with the successor private Corporation. This means that those employees will be able to represent the private Corporation before the Federal Government on particular matters involving parties that they worked on or which were under their supervision while they were employed by the USEC. Section 3106 specifies that the USEC shall transfer to the private corporation at the time of privatization the lease of the gaseous diffusion facilities, all personal property and inventories of the USEC, USEC contracts, leases, and agreements (including all uranium enrichment contracts), the USEC's right to purchase power from DOE, the funds in the various accounts of the USEC, and all of the records of the V3EC. Section 3107 provides that the private Corporation shall have the exclusive option to renew the leases of the gaseous diffusion facilities and related property upon their expiration in 1999. The Department of Energy is not to lease to the Corporation any facility necessary for the production of highly enriched uranium. The payment of any costs of decontamination and decommissioning, response actions, or corrective actions with respect to ~ a

conditions existing prior to July 1,1993 at the gaseous diffusion plants shall remain the responsibility of the Department of Energy. These pre-existing conditions are described in the 1993 environmental audit conducted by a the Environmental Protection Agency. The section also provides that the gaseous diffusion facilities will remain covered by the Price-Anderson Act. Finally, the section provides that the privatization of the USEC is not a " major Federal action significantly affecting the quality of the human environment." This means that the USEC need not prepare an environmental impact statement on the transfer of ownership to the private entity. Section 3108 addresses the transfer of contracts and leases from the USEC to the private corporation and provides that the Corporation may establish prices to ensure its profitability. Section 3109 addresses liabilities. The legislation provides that the Department of Energy is responsible for all liabilities arising from operation of the enrichment facilities incurred prior to July 1,1993, the date the USEC came into being. With limited exceptions, the United States will be responsible for all liabilities arising out of the operation of the facilities between July 1, 1993 and the privatization date. The Act specifically provides that DOE will be responsible for all liabilities arising out of the l disposal of depleted uranium generated by the USEC between July 1,1993 and the privatization date. The private Corporation generally will be responsible l for all liabilities arising out of its operations after the privatization date. Section 3110 pertains to personnel matters, such as Federal retirement and other benefits to be provided to former USEC employees who become employees of the private Corporation. Section 3111 addresses director and employee ownership of security interests issued by the Corporation and limitations on ownership interests. Section 3112 pertains to implementation of the agreement between the United States and Russia concerning the disposition of Russian highly enriched uranium. Section 3113 provides that DOE shall, at the request of the generator, accept for disposal low-level radioactive waste, including depleted uranium if it is determined to be such waste, generated (1) by the Corporation as a result of the operations of the gaseous diffusion plants or as a result of the treatment of such wastes at a location other than the sites of those plants or (2) by any person licensed by the NRC to operate a uranium enrichment facility under sections 53, 63, and 193 of the Atomic Energy Act. The generator is required to reimburse the Department of Energy for the disposal costs, with the limitation that the charge shall not exceed an amount equal to that which would be charged by a commercial, State, regional, or interstate compact entity. The legislation provides that if the generator chooses not to have DOE dispose of the waste, it can contract with any other person authorized to dispose of such wastes, such as a low-level waste compact. However, no state or interstate compact is required to treat, store, or disposal of any low-level radioactive waste (including mixed waste) i

attributable to the operation, decontamination, and decommissioning of any uranium enrichment facility. Section 3114 grants the Corporation the exclusive commercial right to deploy and use any AVLIS patents, processes, and technical information owned or controlled by the Government, upn completion of a royalty agreement with 00E. To the extent requested by the Corporation and subject to the requirements of the Atomic Energy Act, the President shall transfer title to all of the property owned by the United States or under its control that is useful for the development or AVLIS or alternative technologies for enriching uranium. This authority to transfer property will expire on the privatization date. The Act does not authorize the transfer of facilities and equipment related to the gaseous-diffusion or centrifuge enrichment programs. Section 3115 provides that the private corporation shall be subject to the Occupational Safety and Health Act of 1970. This section, upon privatization, eliminates the dual regulation established by the Energy Policy Act of 1992 under which both OSHA and the NRC were to have jurisdiction over worker protection from the radiological hazards at the facilities. Under the new Act, the NRC will have exclusive jurisdiction over radiological workplace hazards, and OSHA exclusive jurisdiction over non-radiological hazards. Where both hazards are present, both agencies will have jurisdiction. In light of this division of responsibilities, the legislation directs the NRC and OSHA to enter into a Memorandum of Agreement within 90 days after the enactment of the legislation-which will govern each agency's exercise of its authority. The staffs of the two agencies have negotiated a Memorandum of Agreement and it will soon be submitted to the Commission for its approval. Section 3115 also provides that the whistleblower protection provisions in section 211 of the Energy Reorganization Act shall be applicable to the Corporation and its contractors and subcontractors, and the directors and officers of the Corporation shall be subject to the requirements governing reporting of defects and regulatory violations found in section 206 of that same Act, even with regard to operation of the leased facilities. Section 3116 contains several provisions that amend the Atomic Energy Act (AEA) pertaining to the NRC's responsibilities. First, an amendment to section 11v. of the AEA provides that AVLIS may be licensed using the one-step licensing process set forth in section 193 of the AEA (the same provision that Louisiana Er.ergy Services' application is being processed under). Under the prior law, use of the traditional two-step licensing process would have been required. At the time of enactment of the Energy Policy Act of 1992, DOE did not contemplate initially submitting a complete AVLIS design to the NRC for review. Therefore, that legislation provided for a two-step licensing process. The USEC is now preparing to submit a complete design to the NRC for review and thus use of a one-step process is feasible. An amendment of section 193 of the AEA mandates that the Commission not issue a certification of compliance to the USEC or its successor private corporation if the Commission determines that (1) the Corporation is owned, controlled or dominated-by an alien, a foreign corporation, or a foreign government; (2) issuance would be inimical to the common defense or security of the United States; or (3) is inimical to the maintenance of a reliable and economical deic.se domestic source of enrichment services. Heretofore the Commission

i. i.. has not been asked in -its regulatory decisions to evaluate whether a proposed action is inimical to the viability of the domestic industries subject to NRC's regulation. The-Senate Committee report on an earlier version of the legislation explains that the provision was added to" guard against the possibility of a foreign uranium enrichment company acquiring the Corporation with the intent of operating it in a manner inconsistent with its maintenance as an ongoing uranium enrichment concern." S. Rpt. No. 104-173 on S.755 (November 17,1995) at page 20. The section then eliminates the requirement that the Commission certify that the Corporation is in compliance with NRC regulations each year. Instead, the Commission could determine how frequently the Corporation must submit a j certification appliertion to the NRC, provided that the NRC certifies Corporation compliance with its regulations at least once every five years. Congress, however, did not eliminate the requirement found in section 1701 (a) of the AEA that the NRC shall report at least annually to the Congress on the status of health, safety, and environmental conditions at the gaseous diffusion facilities. We note though that this reporting requirement will be eliminated in 1999 pursuant to the provisions of the Federal Reports 4 Elimination and Sunset Act, unless Congress reenacts the reporting requirement. For those years where no certification decision is issued, the NRC will need to provide the Congress with a report that references the prior certification decision and provides pertinent new information, such as a summary of inspection findings and enforcement actions. Section 3116 also amendments section 189b. of the AEA to provide that challenges to NRC regulations pertaining to the gaseous diffusion facilities, ano agency certification decisions are to be brought in the Federal courts of appeals rather than the Federal district courts. The NRC had sought this change so that the judicial review procedures for challenges to agency rules and certification decisions related to the gaseous diffusion facilities would be the same as for challenges to issuance of NRC rules and licensing decisions. Furthermore, the section modifies section 234a. of the AEA to provide the Commission with the authority to issue civil penalties to the Corporation for regulatory violations. Congress in the Energy Policy Act of 1992 had inadvertently failed to provide the Commission with this authority. The Commission had requested this change so that there would be sanctions other than shutting down the facility should there be violations of r.egulatory requirements. Finally, the section repeals, effective on the privatization date, sections 1201-1608 of the Atomic Energy Act. These sections established the USEC and set forth its responsibilities. Section 3117 contains technical amendments to other laws.

0* e.. 9 ATTACHMENT 2

April 25,1996, CONGRESSIONAL RECORD-HOUSE H3931 (b) ErrscTtvs DATL.-The amendments made consistent uitk the overaD purpose of the stat. (!!) The " Suspension Agreesnent" nmeans the ] by thu secnon sha!! take effect as tf taeluded in ute or retuution. Agreement to suspend the Anadumping inves-the posuions of the neass 3, Postal SerWre, 3 c. 21101. No part of any appropetation con. apatwo en Uranturn from the Ruanan Federa-cad General Covernmrnt Appropetanons Act, toined in uts attle sh!! remain available for ob-tion, as amended.

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l DEPARTNEh7 OF HOUS!h,o AND URBAN enacted as part of tMs Act. asc sgas. Sata or sua coaronAssant, DEMLOPMEh T 3se tilN. The President may make evallable (a) ATTN 0AisATooNo-The Board of Dsrectors funds for osristons occarther under titlee 11 carl of the Oreporation, enth the approval of the 3 CowwvxtTF PLAxxfNo ANDJtrvriorWEAT fr of P.I. 804-107, begissnp tmmediatsly upon Secretary of the Dessury, sha# transfer tM in. q courvurry cryswrurxT cAAxTs enactment of this Act and without regard to terest of the United States in the United States For en additwaal amount for "Cenmuntry 'nonthly opporttonment nestations, notwith. droelopment grants", s30.000,m0, to remain standina su rrovtsens of section sisA of euch Earschment carperstwa to the private sector in 1 (satlable unt113cptember J0,199d, for emerpency Act, if he detenntnes and repris to the Congress a manner that provides for the lone.tenn viabu. ) expenses and repairs related to recent Prest, that the effects of the rettetettons contained in try of the Corporation, proyldes for the continu. dentially declared flood duasters, includtag up that section would be that the demand for fam* eston by the Corporation of the operstwn c/ the i Department of - Enerpy's paseous diffusion U $10,000,000 which may be for rental rubsidy ily planning services would be less likely to be contracts under me scenen # e:ttstans housing met and that there would be a eignt/tcant in. plants provides for the protectla uf Use public + interest in maintaining a rehable and economi-cerst/tcate prograan and the houstna poucher cuase in abortions than would otherwue be the program under section a of the United States esse in the absence of auch rettetettons; Pro. car domertte source of staWurn odning, eartch. Nousing Act of 1917, as amended, etwpt that pided, That none of the funds opproprtated or ment and conversion servixs, and, to the ertent such amount shan be avaQable only for tem. Otherwise made avaUable in P.L.104-101 may be nog inconsistent with such purposes, secures the mastmuun proceats to thet)nited States. \\ porary housins assutance, not in excess of one made amuable for o6haotton for the mafor for. (b) PAoceans.--Proceeds from the anle of the 4 year in duranon, and shall not be tubfect to re. cics donor fedeation of internanonal popu. United States' interest in the Corpration shall { i newal: Prended. That the enttre amount shan lation assistance erwpt tArough the regular no. be depostted in the peneral fund of me Deas. be available only to the ettent that on officsal tsftcations procedures of the Committees on Ap. y,y, I budget request for a spectfle dollar amount, that proprianons. asc slet atsfrop OF AAtA includes ( agnatnon of the ennte amount of the This ifUe snay be etted as the " Supplemental gay gg.Tuonasroon.-The Board of Dsrectors request as an emerpency requirement as deftned Appropriations Act of1996

• of the Corporation, with the approval of the in me Balanced Budart and Emergency Deflett TITLE 111 Control Act ofIMS, as amended, is transnutted Secretary of the Treasury, shall transfer owner.

RESCl3310NS AND Off3ETS ship of the anets and obhgations of the Cor. l tv the President to Congress' Prorded further. That the entire amount is dertanated by Con. cy477gg ; potation to the prteate corporation estabhshed . tess as an emergency requirement pursuant to under section J103 (which snos be consummated i section 23)(bHZXDXin of the Balanced Pudget _ SvacuarTsn A-UNITED STATES ENA!CRMEXT through a merger or consohdation effected in 2 y End Emergency Deftcst Control Act cf 1983, as COAPCAATION PAIVATUA TJON acrordance with, and havtna the effects pro. amended. suind under, the law of the 3 sate of incorpora-A Esc. aits. SNORT TTTLE. tion of the private corporation, as (f the Cor-ProsAst EurncrueT MAu4c:MruT Aorwer This rubehapter may be etted as the "U3rc paration were incorporated thereunder). pt:ASTtn AgLggy Prtntuotton Act".. (b) BOAAD DLTEAMINATION.-The Board, with WC&t7 DING TAAN3fEA OF pChD3; MCSIGLDEm47 M the appWal of the 3ecM2m of the Deasug. s Of the funds made avouable unde this head. YM p*' poses of this subchapter: Shou *tI*d th* M*thod oftr W /tr and C3tabh3h i ing in Pubhc Law 104-19 up to t!04.G00.000 may (1) The term "AVLis" means atomic eapor tenns and conditions for tM transfer that unil be transferred to the Duaster Assutance Direct laser isotope separanen technology, prmde the massmum puds to the Deatum y Laan Program Account for the cost of dtreet (2) M tem "Corpwam" means ne United of the Unned States and win prortde fu the t l loans as authortaed under section (17 of the States Evichment Corporatton and, unless the long-term etabihty of the private corporation. Robert T. Stafford Duass.:r Relief and Emer, concert otherwue requires, includes the private the conhased operation of the gaseous diffuJton cency Assutance Act (42 U.S.C. 3121 et seq.): cepwatton and any successor thereto foUowtag plants. and the pubhc inteest in mentaining j 4 Pronded. That such transfer may be made to pnvansation.. Mliable and econmW dmeane grantum mJa. subsidue gross obhgations for the prinetpol (J) N tenn " gaseous diffusion plants" tag and en*Amat industnes. amount of Gnect loans not to erceed 8129 000.000 means the Paducah Caseous Diffuston Plant at (c) ADtevaTE PAocszu-The 3ecretam of tader secnon dit of the Stafford Act: TEonded Paducah. Kentucky and the Portsmouth Gose-the Dessury shan not allow the privatuanon of further. That any such transfer of funds shan oss Diffuska Plant at Paketon 0410. the Corpora 4Wa kaleis before the sale date the be made only upon certyication try the Directo, (f) The term "higMy enriched srantum" secretary of the Deasury decennines that the elthe Federal Emergency Alanagement Acrney means urasturn enriched to 20 percent or more method of transfer wcl provide the siastmum that a3 requirements of sectwn gli of the Staf-of ne urantumn isotope, procents to the Deasury consutent actth the fortt Act actu be comphed with* Prmded further' (5) M tem " low.enrsched urantum" means prtnciples set forth in sectwn 310Xa). That the entire amount cf this approvnation urantum ennched to less than 20 percent of the (d) A!!!JCATION 09 Sect'artiss LAnt.-Any o s&an be atacable only to the catent that an of,. uvantum4JJ isotope, incMas that wMch is de-8//cring or sale of securities by the primte cor-fktal budget request for a spect/tc dona fived from hiaMy ennched urantum, poration shan be sub)cci to the Securities Act of i j emcunt, that includes designation of the ennte ($) The term "loplewl mdioacHw waste" W W W. T7a et ad the Secunnes Er. 4 b

• smount of the request as an emergency require, kaJ tM meaning gtsen euch tenn in sectwa M9) change Act of1934 (13 U2.C. Tea et seqJ. and ment as defined in the Balantat Budget and of the le+Lawl Radinew Wsne Policy Act the pnnnsions of the Cmutunos and laws of Inu"gency Defictt Control Act of IMS a,

(42 U.S.C.2021b(91). any state, terrtton, or posussion of the United 't eracaded, is transmitted by the Presuten't to (7) The tenn "pnmte ceppation" means the States relating to transactions in securthes. congress: Premded further. That as nnre '*'**'m***tenn "pn'metsanos" means t4e pass- " ****b" h'd * ' **c'"' 310'- I') '"'"" ~Erpenus of primtuatwa chan 6e paid fracepeanon tenue accounts la s (#) emount is dengnated by Congress as an emer. 4

1. ency regurrement rursuant to sectwn fer of ownenhip of the Cwpwamon to pnete me Unned states peasun.

13HkX2XD)tt) of the Balanced Budget and investors. q anc cleL RETABtJSunGLVT OF PatVATE COR-bnercency Deftett 4 emenaeg,. Control Act of 1963' as (9) The tenn "pnmuashon date" means the. MM g. date on wMch 100 percent of the ownership of (a) INCORPOAATION.=(l) The directors of the f 9 CENERAL PROF 1310N3 the Corpora #on has been transferred to private Corporation shan establuh a private for-profit inurtes. 88C. 21101. In administering funds provided in (10) The term "pubhe offertus" means an un-purpose of recetang the assets and obhgations i cepcotwn unde me laws of a state fu SM t J t%ns nue for damestic assnstance, the Secretary derwrturn offer 1ng to the pubhc of the common of the Corporstwa at privatUanon and contsnu-elany involved department may watw of spect-rtock of the pnvase corporation purruant to sec-ing the bustness operations c/ the Corporation -3 $3 Citern@ve requirements for any provuwn of tion 3104. s fonowing pr1satt.aution. ens statute or regulahon that the 3ecretary ad-(II) The " Russian NEU Agreemen*" means T2) The directors of the Corporation may sette e 5 nulers in co:1necnon wsth the abhgatton by the Agreement Between the Covernment of the as incorporators of the prnate corporation and f Metary or any use of the reciptent of these United States of America and the Covernment of shan take an eteps necessary to establuk the 'ds. tzcept for the requtrement related to ctvil a ris4ts. fair housing and nondssenmination. the the Russtan Federakon Concerning the Dispet-private corporation,includtng the flhng of arti. non of RigMy Kariched Urantum Ertracted cJes of incorporation consistent with the prov(, i )

• fn ronment, and labor standards, upon findang from Nuclear Weapons. dated February 18, 1993. stans of this rubchapter.

} Euch teatver is requtred to facmtate the ob-(12) The term " Secretary" means the Sec'- (3) Employees and ofItcers of the Corporatwa s { 4 tion and use of euch funds would not 6e in-retary of Energy. (including members of the Board of Directors) g k i l m_ _ _ -

,e H3932 octing in secordance with thu section on behalfCONGRESSIONAL RECORD-HOUSE of the prieate corporahon than be deemed to be cubsection (d). the car istions eruttng before(e) f#FinonutvrAt A April 25,1996 acting in their offletal capaethee as emptcyees r urantum enstchment ente' prise bef , or e//lcers of the Corporatton for purposee of sha# be determined from the enrtrommenta July 1.199J. at me gasecus dt/ fusion plants secnon 2as of ettle to, United States Code. 1993, shah remain 44 direct liabthties of thi (b) 3rares or rus Patrars Covonartone no Atomte Enegy Act of 1954 (42 U.S.C. 229tc~ audit conducted Secretary, (f) The private corporaNon sha# not be on otherwise provided in a menoran agency, instrumentahty, or establuhment of thef(e)), a Government <ontrolled corporation.Unned States, a covernment corporetton, or a (n Tnsarutwt Unosa Pnns.Axvsrson Pao. OfRce of branagement and Budg rulon-Any lease etecuted between the Sec. (2) Escept es otherwue provided by this rub-retary and the Corporanon or ne private cor. pewatuanon date, an Itabthtses arts no out er chapter, financtalobhgations of the prtpate cor. poranon and any estenston of renewaJ thereof. ght operation of the Corporshon between /kfy 1 potation chan not be obhpations of, or guaran. under this se fton shall be deemed to be a con

• JP9J. and 14e privatisation date shall remain the teed as to prisetpal or interest by, the Corpora.Energy Act of1954 (t2 U.S.C. 2210(d)).truct for purponen of section i1 direct habthites of the United 3tates, st.att so plataly state. ties or the Uniteu states, and the obliganons depleted urastum penerated by M

(#J WAIF 84 0F Kl3 AsQetRsusuf.-The cro-(J) No action under eection J.t)J of title 24 cutton or transfer of the lease betwn the Se> between July J. IP9J. and the prtsatteahon date United States Code, shall be anowable against retary and the CorporsJton or the private cor* shaQ become the dsrect liakt!\\ ties of de the United Stata based on actions of the prtpate sha# not be constdood to be a mafor Federalac.pMatson, and any retary. corporatton. (4) Any stated or imphed coment for he Vnit. (cf ArttxAtt0M 09 Post.COYEANstENT EM human eurtronment for purposes of section 102 tion etantilantly ed States, or any opent or officer of the Un.ted twrMsxt RE.rttuCfl0NL-Begnaning States, to be rued by any person for any legal. of the National Entronmental Pohey Act of claim artstng from an privatteatton date, me restWettons stated in see. on the equitable, or other rehef with respect to any 19ti9 (#2 U.S.C. (JJ2), tion 207 (a), (b), (c), and (d) of etile 14, United States Code, shan not apply to the acts of an in. sac. slet TRAh' sten OF CwtitAcr1 y action taken by any agent or officer of the United States h connec. dMdust done h carrytag out ell \\ctal dut en as (a) TnANsrsk of hereby wtthdrawn.twn wfM the privatisatwa of M CONTAAcYs.-Concunent a director. 0//lcer, or employee of Me private uith prtscheation. the Corporatwn shon trans. corporanon, if the Ndividual was an office, or fer to the prt'a18 corpMatton a# contracts. (5) To the extent that any claim against the employee of he Corporatton (Includsag a Wrte.agreements, and leases, includan United States under this section is of me type enttchment contracts, that were s att uronhan tor) contankously durinp the dJ days prwr to the oMerwue required by Federal stature or regula. ?. (l) transferred by 84 Secretary to the CM. prWansatwa dJte. ctalfor adfudtrafwn er retiew, ekch cl J (d) Dasowtsox.-In the event that the pri. potation pursuant to sectwn JdOl(b) of the vetuatwn does not occur, the Corporetton will Atomic Enegy Act of 1954 (42 U.S.C. 229?c(b)) be presented to the Department of Encry in ac. Of provsde for the dissolunon of the pr1vate to,, (!) entered into by he Corporanon belve thecordance wtth procedures to be establuhed by poranon wtthin i year of the prwate corpora' Y f0jh the Secretary. Nothing in this paragraph sha# twn's incorporation unless the secretary of the N be coutrued to impose on the Department of i nANs Trectury or h s delegate, upon the Carpea. The Corporanon shan transfer to the pr1vate AABLE P0wtA CONTA CTS.- ' } '" '# M **# # tion's request. agrees to delay any such dtssolu. NY U"

1. "g#"y gg',I i# E",,#",##"c#h" 8f

[f ' f P" non for an addtnonal year g pggo y & lh'

• United States in any action seeking to impo

,,y,,,,,g gg, SEC. stoe. TRANSFKAS T y, g FoAATION. TEE FRtFAFB COR, obshty under this euksection. 8I*]37 P 8 8 g gg'8 'I*,, Concunent with privattsation the Corpora. (b) LIADILITY OF TNE COAPO4ATfo#. -Not. tun shah transfer to the prtpate corporation-w4tch the Corporation is a party, the C psuous ft a ptanu 's the (1) the lean of the gaseous diffuston pients in and sMD conunue to reu# euch pow to Me contr onor1ance with seenon J107, tion 4 4# not be considered in breach, default, "[," #M'8snute corpentton at cost during the tenn of or stolahon of an the Co'poration,(2) 48 pesonal property and inventories of traufer of geh scerment to the prtute cor.

g (3) all contracts, agreements. and lease under ing subsection a07 TmstraHl) Nohthd.

N'atwa under secnon JJaf or any other aenon ,,3,,ngg,ag,g (g,),gg, pa7,,,, g, utes da# se. sectwn 3108(a) tM Unt:M S the Corporatton is required to take under n!s from the Secretary uMer section 310a@),(o the Corporation's right to purchase potoer $##"#",ff,, subchapter, gg,,,, gy,,,J, ",,f,h'* f("c[ano p (c) LIAstLtri or tut PAlvart ConroAA. (5) such funds tn acc0unts of the Corporettan uMer such co Me vmate cepolanon shan be Mlele a bank or other financialinstitutwn as approvedheld by Rt Treasury or on deposit with any g,y g , p,, gy ggg p,4,qg, go, y,, mag,,,y,,,g pyngagg,,, abMes arwng out of its opeams aner at by ths Secretary of the Treasury, and pyr, mag,, py g,p,,ggg,,ggg y,,,,,gg,,,4 WMM M cE of the papers and other documen,tary mate.(g) on of the Corporanon's records including gj) If a contract, agreement, or lease trans, id) 1.lAntLITT of Ottictas AND DIRECTOAs.- y y,ggg ggga Cepeanon s,han be liable in any emi m ferred under submetion (a) is terwunated, er, vtals, regardless of physica! form of characteru* tended, or matertaRy amended after the privat. tics, made e rece1wd by the Corporatton, ing to any MW in conneenon with any acM tration dats - BECs slot.1.EASINC 09 GAREOCy DETFt'310N Pk gg; gg, p,ggag,,,,p,,agg,,,gan s,,,,p,,. 88%#' N #""C** #A 8%# N### E MM** ,gg, f,p any obhgation atLrtng uMer such con

• wth respect to the eubject matter of the actton,'

(a). TAAN5ttR 09 LEAst.~ Concurrent with

• • II* O' N'*'#N0* #"#

tract, agreement, or lease after any ettension or tetthin the scope of his employme k'"* *#0'0 privattaat1on, the Corporation shan transfer to PC** mag,, sal amendment, and ths vrtvate corporatton the lease of tM gaseous (B) Se United States shan be responsole for IEE ThA ""O**##'** "h*U **# *PNEY ## #5"$** artsing u'nder the Securtnes Act of 1933 (IS d(ffusion plants and related property for the re any obhgation arissng under the contract, matnder of the term of such lease M accordance agreement, or lese before the terminanos, sr. USC. Tia. et sM the Securtnes Exchange Act wtm the terms of such lease. of ISJs (13 U.S.C. Tea. et seq.), or under the tenston. of materialamendment. haw the exclusive optwn to lease the caseous (b) MENEWA1.-The vr19 ate corporstion shad (3) The pritsate correratson shall feimburse Constitution or laws of any State, terrttory, or the UnitM States for any amount paid by the possession of the United States relating to trans. ds/ fusion plants and related property for addi. United States under a settlement agreement en. actions in securtnes. tuttat term of the lean.tional periods fonowing the crptratton of the tered into with the consent of the private cor. SEC,28tA EntrLOYEE rst01scitONS. rotation or under a judgment, V the settlement (a) CONTAActoA EarptortzsMI) Primittsa, (c) Exclusion or Facit.rrscs ton Pnoctxrtos v judgment-tion sha# not dunistsh the accrued. pested pen. shon not lease to the arteate corporanon anyor Moontr Esascuto UnAxtvu.-The Secretary (A) artses out of an'obugation under a con. sten beneltas of employees of the Corporatton's tract. agreement operattng contractor at the two gaseous et/fu. section (a), aw, or lease trauferred under sub. twsuttes necessary for the produenon of highly ston plants. enrtched urantum but may, subject to th, re. ' ;o(ra)tton 6etween the priB arues out of actions of th outrements of the Atomic Energy Act ofian (42 U.S.C. NH et seeJ, grant the Corporatton ae. date of a termination, executon, or matertal both of the gaseous dt vatisation date and the ontractor at etther or cess to such facthnes for purposes other than amendment of such contract, agreement, or sponsor or other oppropriate fk the productton of highly enswhed uranium. lease. penston plan covering employees of the p tor op. (d) CONDfTsoNS.-The MVment of any costs of g. DOR REstoN$ltILITT Pon vnKEX13750 (d) PRXmo.-The Corporatton may estab!!sh erating contractor shan arrange for the transfer prtces for its products, matestals, and servicesof an plan assets and habthenes relanno to ac. czstamination and decommustentng, respons,e it to attain the normal business obpecttees of aprended to customers on actions, or corrective actiou with respect to coMattons ertsfing before July t,199J am such plant to a profit making corporation. penston plan sponsored by the sete contractor gaseous diffuston plants shalt remam at the SEC. s top. 81tRZIJf!It or the privata corporation or a fotallabor man. responsibt'aty of the Secetary* the sole (a) LIABILITY of THE (fNtrtD STATK341) E2 agement plan. As the case may be. Cept c3 otherwise provided in this abbchapter In additton to any obhgations artssng (3) under the Netwnal LAber Relattons Act (29 ~. -w w m

1 n s.s--- t"* ~L*.%::M W****A "'*****

• April 25,1996 CONGRESSIONAL RECORD-HOUSE U.S.C. HI et seg,). an H3933 prtvale corporanon lly employer Uncludsno the shall be pursued in accordance utth ecction'10 it operates a psseous 6tl.

juston plarkt Without a contractor or any con *. 01 the Natnonal 2 abor Reistiou Act (29 U.S.C. employees who elect to retain arir coverage tractor of the Private corporanon) at a asseau under TEMBP pursuant to Nragraph (4); and 860). (C) Any eutt oneging a otolettom of an6 prod-(B) euch amounts as art detemined necessary diffuston plant shall-(A) obsd* kW the tems of any unerpeted cot-sten of thu subsection, to the extent it does not by the o/ Ace of Personnel Management under lecnte barrasning agreement covertng employees ellege a violatson of the Nanonal Labor Rela. paragraph (t) to reunburse the OIAce of Person. in barpatning units at the plant and in effect on tson Act, may be brought in ont distract court rset Me,.,gement for contr1butwo under section the prtratuation date until the stated e.rptratwa of the United States hating furisdiction over the 0906(gMI) 0) txtle J United States Code, for or termination date of the agreement; or partnes, without regard to the amount tn sen. those employees who elect to retain thett cot-(B)in the etent a collecnw bargaintag agree. troverty or the Cittsenhly of the partnes. trage under FEMBP pursuant to paragraph (4). 4 ment is not in effect upon the p*tratisatwt (0) Fokus2 FtotAAt Eunoises.-UMA) An M) Tis amounts required under paraprepn dats, have the same bargaining obhgations anployee of the Co'poranon that was subject to (JXB) dall pay the Conrnment contributwns under sectwn old) of the National Labor Reis. either the Civil Jervice flettrement Ststem (re-for settred employees who rettre from the Cor.* tions Act (29 UXC. )$8td)) as it had trvne. Jerrsd to in this sectxon as "CSM ') or the Fed-potation after the privatuatwa date under et. dantely before the privatuation date, eval Luptcyees' Bedrement System (referred to ther CSM or FEM.for survivors of such retired (4) // the private corporation vrplaces its oper. in this adction as "FER3") on the dJy imme-employees, and for surviters of employees of the atlng evntractor at a gaseous 6tflusion plant. daately preceding the pr1 pot &tatun date shall Cofporation who d6e after the prttatkation state, with said amounts prorated to reAect only ekct-. the new emplopfr (inclkdmg the new Contractor s (() to retain the employee's t9verage under en ces and rehred persons that or Se private corporatnan ifit operates a gase-ther C3R3 or FERJ. as opphenble, in heu of the Corporatton after the privattent oss dt/fuston plant without a corstractor) ormed for . cow

• age by the Corpor%At's trfirement eyete'n, shalk SEC im. OWEREN!P UNTAff0N1 '

or (A) offer employment to non management em. ployees of the predecessor contractor to the e2-(11) to recetw a deferred annutty or furnp stem (a) SECT'Aritt31.!MITATIONS.-No disector, of. beneSt payable to a termsnated erwleyee unuer ^ fleer, or ernployee of the Corporahon may ac-

• ent that thetr Jobs stnll east or they are qualt-CSM or IER3, as applicxnble.

quire any secww.nes, or any rights to oWu1st fked for new Jobs. and (B) An employee that makes the electton any securtttes of the vrtvate corporatwn on (B) absde by the terms of the predenssor con. tractor's collects e bargatning agreement until under subparagraph (A)OI) sha!! hak the op-terms more favorable than those offered to the the agverment espires or a new agreement is t1on to transfer the balance in the e,nployee's peneralpubite. - Thrt/t Satings Plan account to a deAmed con-(1) in a pub!<c offering deeigned to transfer i i signed. 0)in the event of a plant clostng or mass lak tritshon plan under the CorpordtsWe tettre-ownership of the Corporation to private snoes. t off(as such terms are deAned in seetton 2)offa) ment system consulent with apphcable htw and

gors, (2) and (3) of alle 29, Untled States Code) at et-the terns of the Corporanon's deAned contribu-(2) pursuant to any agreement, arrangement, twn plan.

or undersidading entered teto befort the rrtwt-ther of the caseous daffuston plants, the Sec~ tsation date or retary t[ Energy shall treat any adversely al-(2) The Corporatton shall pay to ne Ctvil fected employee of an operating contractor at ei. Servsce Retarement and Duabshty Fund-(3) before the electwn of the dtractors of the eA) ther Cant who was an employee at such plant such ernloyee deductnans and agency primte corporation. on July J.199J, as a Department of Energy em. contributwns as art required by etetsons $334, (d OwWEASN!! EIMITATION,=lmmediately fol-playee for purposes of sectwns 3161 and 3862 of N22. and 842J of title J, United States Code, for k artng the couummation of the transa the National Defense Authorvation Act for iss-thost employees who elect to retain their ce> series of tran: actions pursuant to which 100 per. I trope under esther CSM or FEM pursuant to cent of the ownership of the Corporatnon is ca! Yeat 199)(42 U2.C.1214h-12741). (6)(A) The Secretary and the private corpora Wagraph il); trandrred to prwate inusters, and for a perwd \\ tnon shall cause the post. retirement health bene-(B) such additional agency contrnbuttons as of threa years thereafter, no person may ac. ' fits plan provider (or its euccesscr) to contnnue art determined necessary by the OfAct of Pev' quire, dnrectly or indtrectly, benefictal owner. to proude benef\\ts for thatble persons, as de-sonnel hianagement to pay, tn combinatnen wtth sMp of securttica representtng more than 10 per. 4 the sums under sukvarcraph (A), the " normal cent of the tosa; votes of all outstand 5ng vonng seined under subparagraph (B), employed by cost" (determansd using dynanuc assumptions) secustties of the Ccrporatwn. The forepotng hm-En operatsng contracter at either of the gaseous 44/ fusion plJnts in an economically efficient of set rement beneftts for those employees who (tatson shall not apply sn-cowage as elsattle rettrees are entstled to re-manner and at substantsally the same level of ant to (1) any emp:Jyre stock ownershty plan of the Corporahon, cettf on the privattratwn date, mal cost" hetag senat consistent with generally (2) members of the unsterwrtting tyndscate ( purchasing shares in staW.tatton transactwns accepted actuartal etandards and prisetples; (B) Persons thgsble for coverage under tub-te connection with the prtwitsation, or and paragraph (A) shall be limited to: h) persons who rettred from actsve e=nploy-(C) tuck addtisonal amounts, not to cztect (3) in the esse of sharst be=tehnally held in ment at one of the gaseous dt! fusion piants on two percent of the amounts under subpara. the ordinary course of butnew or otAers, any sr before the privat 5tation date as tested par. graphs (A) and (B), as are determined necessary comrnerctal bank, broker-dealer, or clearing agency. ttespants in a penston plan maintained either by by the Office e/ Personnet Management to pay the Corporation's operating contractor or by a the cost of adnunistering retsrement benefLis for arc asts t'AANKar vitAATFEJt3 AADsAtJtt (a) TAAk3!KAt AND SALT.t BT THE Sec, contractor employed prior to Ju:y 1,1993, by the employees who retire from the Corporatswa after Deparpment of Energy to operate a caseous d4/- the pnvatteation date under either CSM or hrTAnf.=The Secretary shall not protC# en-employees of the Corporation who dse after theFERS, for their surttvors, a juston piant; and ~

01) persons who are employed by the Corpora-twn's operating contractor on or before (Ae pri. prwatteatwn date (which amounts shall be natural urentum hetafluorute, or enriched use-satuabon date and are vested turtsctp2nts in a available to the Office of Personnel Manage-nium in any form) to any person except as con-k ment as provided in section 8344(a)(1)(B) of entle sistent with this seetwn.

o pension plan maintatned either by the Corpora-(b) Rt'ufAN HEU--(!) On or before December J, Unitat States Code). ston's operatsna contractor o= ty a contractor '31, 1996, ne United States Executive Agent employed vrwr to Ju!y 1,1993, by the Depart-(3) The corporatxon sha!! pay to at ThrVt ment of Energy to operate a gaseous diffkston Savings Fund such employee and agency cow under the Russian HEU Agreement shall trans-tributtons as are required by secten H32 of titJe fer to the Secretary without charge entle to en plant. (C) Tkt Secretary shall fund the entire cost of $, United States Code, for those employees who amount of urantum herafluartde equtwalent to post-rettrement health bentftts for persons who ' susnt to paragraph (1)***t to retain their coverage under TERS pur-the ret 1 red from employment actth an operating con. urantum dertud f"om at least 18 metric tons of tnctor prwr to July I,1993. (C Any employee of the CorToratton who was highly enriched usantum purckurd from the (D) The Secretary and the Corporation shall esbject to the Federal Employee Health Beneftts Russtan Esecutwe Agent uruter the Russtan HEU Agreement. The quantity of such uranium Program (referred to in shts sectwn as fund the cost of post retirement health bentftts for persons who retsre from employment with an "FEHBP") on the day immediately precedsng kettyhortde dehwred to the Secretary shalt be eperating contractor on or after lufy J 199J the prwatLeation date and who elects to retain based on a tails assay of 0.30 Lun'. Uranium Proportton to the rettred person's ye,ars a. in coverage under either CSRS or FERS pursuant herafluoride trasuferred to the Secretary purtu. nd months of sertwe at a gaseoks 41//uston plant to paragraph (1)shall have the optwn to rea'tw unt to this paragraph shall be deemed under knder thetr respectwe management. heafth beriefits from a health benefit plan estab-United States law for all purposes to beff Rus. GXA) Any suit under thss subsection n!!egfag lished by the Corporation of to continue without stan ortatn. a etolation of an agreement between an em-interruptwn coverage under the FENBP,in heu (2) Wnthan 1 years of the date of enactmerzt of 5%er and a labor organizatson sha!! be brought of courage by the CcTporation's health benef\\t this Act, the Secretary shall sell, and tenwe rystem. payrnent for, the uranium herafluoride trans-R occordance with sectwn XI of the Labor bl3%carment Relations Act (29 U.S.C.183). (5) The Corporation sha!! pay to the Employ ~ Jerred to the Secretary pursuant to paragraph fB) Any charge under this tubsectson alleging ees Health Benefit.s Fund-(1). Such urantum herafluoride sha!! be sold-(A) at any ttme for use in the United States k H ta/str labor practice talattw of section d of (A) such employee deducttons and agency SM hknonal Labor Relatxons Act (29 U.S.C.158) contributtorts as are required by section 4906 for the purpose of overfeeding; (B) at any time for et 4 ue outside the United q (aHf) of title 5, United States Code, for those States; S E ~

H3934 [ (C)in tputf cad 1Ast 3 Me Russia) ArecuttesCONGRESSIONAL RECORD-HOUSE Apent at the pureuse prtre for tese in mothed April 25,1996 1988 sales pursuant ta the suspensson Aarament; or. J000 4 the material win not how on adwree m (D)in calendar year 2001 for conswvaan by 2001 8 '\\ end vers in the United Stata not prior to Jane. M e o 2002 _

• ~

impan on the domesne urantwn mining. ronne ary J. 2002. in rotumee not to stceed 18 eton. er enrichment industry, tahtas tato ae. 2.000.000 M..~---- 12 pounds U.o. equivalent per year. s ered to the United statee Execunw Asent under(3) nuh respect to an enriched urantum dette. M~~~~~~~~~~~~ HAU Agreement cd the Jussenston Agre r l' N ~ ~~ - 88 g--~~-~~~~~~~~~~~~*, y and the Russten HEU Agreement on er after Janu. i ary J.1s97 leu than the fate m,het value of the mat shil. upon, the Unased states Erme,w Apent g, g ~g 4*s""E Apent, enter inte en areement to denser con. request of the Ausesan Essewaw g

• u"*"'"""*"r

( ,,,e) cors,an,ur,,TAMJFlWr.~,,Notwit,hstand current!y to me Ruenas Esensttw Agent an )p, ,,,,,c,,, { gy g, 3,c,,,, (f) Russtan Erecuttw Apent under parsaraph (J) seDreatum herefluorid the natural uranium component of euch ura-amount of urantwn herafluoride equivalent to or se# enriched trattum-- ,,,,,,,f,, (1) to a federal apency if Me matertal to auctioned pursuant to pamaraph nium. An agreevnent szecuted pursuant te a re. transferred for the use of th recetand eveney sold at any arrie as Audan.wwm w(t) tany be guut of #Ae Russen Ezecuhve Asent, as con-wuhout any *esale or transfer to another entity wu, m a moteud see pursunt to me Ju, pen. ural ura.

• and the matertal does not meet commerdal epec-templafat in this paragraph stan Apewment. and en euch case dall not 6e dehwries due duttap say. may pertain to any Menaosu:

pertad remaining cvunted spelast the annual martmuni deltwrter (2) to any person for natspel security pur. ttty of such wrontwa hezafhsoride deltwred tounder ne Russian HKU Areement. The vuon-set wth in f.) pro araph (5), . po888. as dete mmed ' y ne secretary; or p the Russan ENeunw Aoemt shah be based on Russtan Erecuttw Apent under paragraph (3) orwe u fluwide dettwed to su ch n a taus assay of 0.30 U2. Title to urastum herafluoride dehwrad to the Russian Einstee oscitand pursuant to pamaraph (f) may be other than the peneration of efeetricity for com-s ion a sold at any cme for uer et Me United States for Agent pursuant to 6ts paragraph shaV transfer mercial use, the purpoes of ewrfeattaa en the opwatsons of chapter shan 6(f) 34rtNO3 htoristow to the Russia & *,,* [ g*,'n Czecut: 9e Apent upon deh V g,'*'y u *ga*y'*'$,",*, very of enrthment facuttlee. h* R * & *the sale of the conwston compo)nent of such(#)Nothmgin this subes Amerscan factht Sac,4413 wwJ.yVEt.FMFE 'fh R1"' y destgaated by the Rusian it-dl3'* ","#,*""'o%"A *hfg*,"cq i (a) kr.srohmarrt or DOE.~(1) The See. cy ng,a*,ran ga,, pp. ~*h* t- * "maa,t=aa ad al"~ den, *u e paragraph s%U be deemed under U.S. Hw fe i s au purposes to be of Russian artsin. Such ura- ' ry [ 8

1. "**d 8#aa u=n - fa were w e,

n The alwn herafluorde may be sold to any person or mtion, e sahe any actwn that my be neoany person to pentde any enM entity for dehwy and use m the United Statee equars i and MT) of Mis section~only as permitted in subsections (6)(3), (6Xt) (A) the Corporation as a reruft of the oper-essary to enfos eer attons of the gaseous diffurton plants or as a re. Agent does not steretse its 71ahi to erster into en(d) la Me ewst that the Russian Executtw 3 r.it of the treutment of euch wastes at a loca-of Commerw and shall take any action *t'ide any telemahon wired b tton other than the gaseous dVfusson plunta or agreement to take denwy of the natural kra-lotory Commtssion to operate a umatum e as contemplated in paragraph (3),nium component of any loumatichst uranium, guested by the Secretan necemy fw Me administmtion and enforce-the Atomic Energy Act of 8954 (12 U.S.C. M dehmed to the United States Erecutite Agentdays of the data such lowenriched urantwn is tetthin 90 /0'th i# thi8 8tCli#n-ment of Oe uroMum detteery famliatnans set gog3, and 2243), the United States Erecuttw Acent under the@) The Pres (7) Ereept as proNded $n paragraph (J) then the United States Eteesttee Agent 8%Uor upon request of the Russian Erecuttee Agent, duposal p/loplewl radioacttw waste pursuan Russian HEU Agreement and skaQ report to the ,the engage on independent entity through a corn-Capress nel later man December JJ of each of urantwa hetalluorde or UA (tn the ewntpetitsw selection process to auction on amount go parag, ash (l) en an amount ent>al to ne Secs ymr n the effect Me lopenriched urentum h capital ecsts, 6st in no owns more than an, that ne conorrsion component of suck itwed undw ne RussWn HEU Agnonent is lent to the natural uranium componen) of suchherafluartda has predously been sold equtoo-kanng n thidamestic urantum mtmg. conw-amount equal ston, and enrichment industru!s, and de oper* py commyggag,to nat tehtch would be charged . low-enrtched urantum An agreement executed t ation of the gaseous dV/uston plants, such re* ggage, gqgsonag, og gaggrygagg compact enfattes for disposal of such mte. pursuant to a request of the Russian Esecuttw port than include a desatption of actions th (J) la the event depleted uraMkm were ulti-Agent, as contemplated in this paragraph may wat of mitigate any maternal adese smrci"a proposed to be sahen by the mately determined to 6e le*4*wl radioactive pertain to any dehwrtes due dur1xg any pertad waste, the generator shaQ reunburse the See-Ruch independent entity shall sell such uraniumrematning under me Ruutan HEU Agreement, such toduttries or any loss of employment at the telary for the dirposal of deplet18 uranium pur 9GMu* dWM^ ten PIG #LE ** * *** kit Of the Mu** herafluoride in one or more tots to any person ne Secretary's costs, includtag a pro fata sh stan HEU Apreement. or enfaty to martmise the proceeds from such Secretag sha4 imms/w w the Cepwatton wuh*(c) TRAxtrcas to sus Cont sales, for dLsposttion consistent with the limita, of any capitalcosts tions set forth in Mis subsection. The tedepend, (b) Mastutwrs Wrru Omn Psaso&The atum and up to F,000 metric tons of natural ura-out cha*ge up to 50 met ent entity shan pay to the Russian EtecuttreAgent the proceeds of any such aut on less au cubh gencator may s gupo,ay ej gopg,!so enter into agreementsfor the atum from the Department of Energy's stockpue, skesection (a) scfth any person other than theug ga reasonable fransaction and other admtnistrative e restrtettons in subseetton (cN2), Secretary that is authertsed by applicable laws costs. The quanttty of such urontum (t) The Corroration shall not deltver for cm herafluortde auctioned shall be ba*ed on a fatZs and regulation: to dirpose of such scostes. meetalend use ta me United 3Lates subsection befve January L W:(A) any of tAs urantum trans/ erred unde assay of 0.30 UM (c) STATK on INTER,3fATL aucttoned pursua. ntle to urantum hetafluoride Co# PACTS.-Wot-setthstandtag any omer pro,dston of law, no transfer to the buyer of such matertal kpon de-nt to this paragraph shaQ Stat (B) more aan 10 percent of the urentum (by g7,,,e or laterstate co

qgm,

,,,g,,,mpact Man be liable for the - ltecry of such matertal to the buyer, Urantum urastum heraflucida equiva2ent content) tuns. ,,,g,,goga , 3g,po,ag ey g,y go,,g,uq herafluortde ouettoned pursuant to this paro. fored under this subsecdos of g, y, mee (Mn g,g,g,,g,y ag, endarymes/ter W,wMON pounds, whicheur is less, in any cal-tributable to Me operotton, graph shan be deemed under Untied Statet law for48 and decommistiontad of any urantum eartch. (5 Excep b ofRussia (1),)urantum hetallucrtde deltsved to the Rus pro ded in pa a (C) more than 400,000 ment /aditty, contained in loetsrtched uranim transseparattve work units alc aff u m p 3 (6) and stan Executtu Agent under paragraph (3) or, under this subsection in any calendar year /pred(a) MMM MW M NMM.- be detweedfor consumption by end users in theructioned pursuant to paragraph (i), may Isot IAE E"YENICAT NAL31 The Corporattan shan have the esclustw com-Imnsfas authoMad un'dl) E* *ddit'** ** Ch* (e) Me 3deremry may, #m tone to ta'ne segder subseettons (c) and ents','*I 0h* ** d'N'#" *** " ""Y A YI'E# ** United States etther directly of indirectly p:;o, prms, and technkal inMna&n ss January 1.1990 and therafter only in oc. natu*al I*"and lawnched uranta (including owned a conWM by W Memment, um cordance actth the[ollotetag schedule: h'd ****** ****** P" hiek! empitneh of a nyahy nGretment wUh ne Sec* gy's stockpate.riched uranW Aosn (Ae Department of Kaw. W *** '***nMA M UWM MN M N ka,ag yagw g,gg,,py g, gg g,,, (D) T (2) Erott>. as prooided in tubsections (b) (C) PonATION.~- and (e), no sale or transfer of natural or tocen. I'*" fautNau k tih riched urontum shall be ma t (I) (N QMW-To the extent requested by the Corporotton and sublect to the requirements M- "'*d**'*"# t e unlesn ts not net *ssary for national secuftty needs(A) the President determines th of the Atomic Enegy Act of1954(42 U.S.C.2011, 2 et seqJ, the President sha3 transfer without charge to the Corporatton an of th9 right, title, 'M e 6 ,y, ,y a_

f April 25,1996 CONGRESSIONAL RECORD-HOUSE or taterest in and to property owned by the i UnPad States under centrol or csstody of (M "(f) LtWtfAftON.-No liefhe or cfrtilkute of H3935 For the tsrposes of this sectson-Secretary that to dtrectly related to and matert. compliance may be tssued to ne United States a!!y t.seful in the perfortunce of the Corpore. Ennehmest Cerporanon or 8ts euccessor s,nder (I) " Administrator" means the Administrator Als section or secttons M, 63, or 1701, if the of the Bonnevute Power Admsntstronon: tion's purposes regarding AFLIS and after. (2) "copital Investment" twans a contatued Commission determines that-native technoictics for urandum enrichment, in- "(l) the Corporanon is owned, centrofled or cost funded by rederal apprcynotsons that-cludsng-dominated by an ahen, a foreign corporanen,, or (A) u for a project, facuity, or separable unit (Al facthnes, equipment, and materials for re. orfeature of a profen or facthty! a foreten gowrnment or acerch, development, and demonstranon activt. ties; avut "(2) the issuance of ruch a fiernst or certift.(B)is a cost for which the Administralor is re. (B) all other facCtties, equipment, materuls, cote of comphanM teokld 6e,intmscal to. guired *y law to establish rates to repay to the "(A) the common defense and securtty of the United States Deasury through the sale of elec. processes, patenu, technicalinformation of any United 5tates; or tric power, transmission. or other struces; bnd. contracts. agreements, and leases. "(B) the vnatstenance of a reliable and oc8* (C) ettludes a Federal tertgatson investment; 1 (2) Exctritos.-Facustnes, real estate, tm. nomscal domesuc source of ennchment ser>and

• proternenu, and equtpment related to the gast-i ICf8 ".

(D) etcludes an investment financed by ne osss Clifuston, and gas cer,trtfuge, urastum en. 0)SecMn It0)(cX2) of the Atomic Energy Act current rewnues of the Administrator or (*y t richment proprams of the Secretary shall nog of1954 (42 UJ.C. W/(c)(2))is amended to read bonds tssued and sold, or autho*ued to be is. transfer under paragraph (IX8), (3) Extinatt0N or TAANsita AUTHOArrr.- as,p(2) PtntoDtc AtruCATION 90n CEntt!!CATE sued and sold, by the Abuststrat h tion 13 of the Federal Columbia River hans. The President's auMortty to traufer progsty or courueCr,-The Corporation shall apply mission Zystern Act (16 U.S.C. 633); under Rts subsectnen skall erpsve upon the pri. eattaatton date. to the Nuclear Regulatory Commission for a ce (3) "new capital investment meass a cupttM t1/ncate of comphance unda paragraph (1) pert

• investment for a proint, factisty, or separaMe (c) Eimuir mn ParcAT uD Ral.arso cl.atut-wlth respect to any ncht, tsue, or in. odicottw as denermined by ske Commission,6st,ergw. feature of,,a profect or fachty, plead in unit or terest provided to the Corporatnan under sub. not hr than rury 5 years. The Commission ft,,3,ps,iber s, Ja96; swtsort (a) or (b), the Corporahon shall have shall revie10 any such appiscahon and a=y de' (t) "old capstal investment" means a captsal sole habahty for any pyments made or awards inmunation made unda subsecnon (bX2) s.M: % vestment the capstalwed cost of wh1ch-f under secnon IST b. (3) of he Atomic Energy be txued on the results of any such review.",

(A) was tncurred, but not repaW, before Octo. 1 (4)Section 1102(al of the Atormc Energy Act of ber I,1996, and E934 l'I U SS E29I,I'IIG)) L* *W (B) ses for a protect, facthty, or sentable 1) Act of 1954 (42 U.S.C. 2181(b)(3)), or any settle. ments or tudgments involvtng clasms for aDeged , 0) by stnb ng 4Wer 8, a and inwrtsng unit or feature of a putent infnngemenh Any royalty agreement

• 0 under suo ection to)of this scetten shall provide

'g'y ,f* ,,,,gc, s,for, negas, protect or facih *y, placed in .} , g, gggg; g.gog, y,,g g n,,4 ga, W "remynent Me" means the M eM p. for a rlduchon of royalty payments to the Sec* ,,ny..switons R H) and IM,gy ggg'jg7;ggg.,ge(. gg) gpygjg ggygg riod withsn watch the Administratot's rates are i retary to offset any parnents, auttds, setile' to assure the remyment of the prtnctpalamount j ments, or fudgments under this subsection. tien iteb. of the Atomac Energy Act of $U4 (42 of a Capttal tacestment and SEC. sitL APPUCATION OF Cast 1AIN LA ws. U.S.C. e239(b)) is amended to read as follows: 0)***#"'"'***'"*~ (a) OSHAMI) As c/ the pntoruanon date, "b. The followtng Commisston acttons shall be (A) for en old captsat investment, a rate deter. the v'nate corporanon sha!! be eubtect to and subject to fudtaal revtew in the mannar pre, mined by the Secretary c/ Me Deasury, ta comply wtth the Occupational Safety and scnbed in chapter 158 of tttle to, Unsted States into constderanon prewthng market stuMs, dur. Health Act of1970 (29 U.S.C. U2 et seq.). Code, and chapter 1 of title J, United States (1) The Nuclear Regulatory Commissten and Code: ing the month precahng October !,8% on out.

• • • d*9 the Ckruntsonal Safety and Health Adminn-

"(I) Any final order entered in any proceed. United Statesest.beanno obiscantns of the tronen shall, wsthm 90 days after the date of ing of the ktnd snes!\\ed sn subsection (a). .tetth p rnods to matursty com. enactment of thu Act. enter into a mengrandum "(2) Any fanal order allowing or prohibfurag a parable to the pertod between Octoner I,1996, el agreement to govern the exercue c/ their au. faahty to begtn operanno under a combtned and the repayment date for the old capstal en. vestment; and thonty over ocnpanonal safety and health construcnon and operating heense. kuards at the gaseous 6tifus1on plants, tnclud. "(3) Any final order ertab!uhtng by reg. (B) for a new capital investment, u rate deter. tag inspection, invest patton, enforcement, and tion standards to govern the Departner.t of En. mtsed by the Secretary of the Deatury, tahng ) ula. rutemaktng rebnno to such hazards, ergy's paseous d4fluston wrontum ennchment tato consideration prevamng market ytelds, dur. O) ARTITRV37 EAws.-Tor purposes of the plants, tncludmg any such facthtnes leased to a ing the month preceding the beginnma of the ~ Catstrust laws, the performance by the pescate corporat$on establuhed under the USEC Pnvat. fiscal year in tahtch the related pr>>ect, facihty, 5 co'poranon of a " matched tmport" contract statton Act. or seNrable unit or feature is placed in service, the Suspen.non Agreement shall be con. "(4) Any final determination under sectnan On outstand 1ng interest beanno obhgations of 1 W i maGJ to have xcurred prtor to the pnvatua. 170lic) relattng to whether the gastatst dtff%ston (Ae Unned States with periods in matunty corn. 8

• s twn date, ti at the ttme of pnvatuaw such plants, including any such facthtaes leased to a parable to the venod between the begtnntng of "5

contract had been agreed to by the parties in all corporanon establuhed under the USEC Pnvat. the fiscal year arid the repayPrnt date for the Janon Act, are in comphance with the Commts. new capttalinvestment. nuttna! terms and conf \\wwd by the Secretary ston's standards governing the gase:us diffusion (b)NEw PAINCitAL AMOCMS.- elCommerce under the Suspension Agreement. (c) EhERar REORGAAIZATION plants and all opphcable laws ". (1) PRINcirAL AMOVWT.-Effective October 1, ACT RK9tnAs. CMT1-~(!) The pravate comoranon and its con. (d) ClYtt PENALTIES.=~Secnon 234 a. of the 1996, an cid capital tavestenent has a new prta. a tractsrs and subcontractors shall be tubject to Atomne Energy Act of1954 (42 U.S.C. 2282(a) is Ctpalamount that u sM tum of-amended by-(Al the prese'.I sulue of the OM payment &%e proutstons of sectxon 211 of he Energy Reor. (1) stnMng "an" hcenstng proruton of sectio % amounts fcr the old capntal investment, cal. sanuation Act of 1974 (42 U.S.C. 3831) to the

53. 37. Q. 63, ol. 82.101.103.104.107, or 109" culated ustng a dsscount rate equal to the 1

sme estent as an employer skblect to euch see, "any hcensing or certification Treasury rate for the old capntal investment; and Inserting: an and (21 Wtth respect to the operation of the factit. proviston of sectton $3,57. 62. 63,61,82,101,103 8 .t ' 104.107,109. 011701"; and (B) an amount equal to $100.lDO.000 muluptwd tes leased by the prtsate corporanon, secnon M aine Energy Reorganuatson Act o/1974 (42(2) by stnking "any ticense issued there, by a fractson whose numerator ($ the pnnetpal 4, IILC. 3846) shall apply to the dnrectors and of, under" and tusertang: "any license or cerstft. amount of the old payment amounts for he old Jkers of the prisate corporanon. cutson issued thereunder". capital intestment and whose denominator is S (e) RKitasucas To TWK COArCAATJON.-70l' the rum of the prtnetpa! amounts of ae old pay. } SEC &lti. AMENDM.ENTS 1D ntE A10bitC EN. sacy Ac g>; toung the pnvanannon date, au references in ment amou nts for aU old capttalinvestmcafJ. h (a) RtetAL., (I) Chapters 22 through 2$ of the We Atomic Energy Act of 1954 to the United ggy pggggggggygog _yggg ggg app 7pyag ny gg, States Enrichment Corporotton shall be deemed 'statency utth this secnonSecretary of the !> i A%t Envgy Act of 8534 (42 U.S.C. 22974297e. to be refe*ences to the prtvate corporation. , the Administrator h *4 rtitated as of t!e pnvah.tation date g % The table of contents of such Act is amend. SEC. 3181. AMENDMENTE 10 0nM LA ws. sha!! determtne the stelo princspa! amounts 4 d as of the pnvatkWn date by striking the (a) Dt!!N!rlon or GovsANutxT ContoAA under subsection (b) and the asstanment of (n. g TM-As of the prtvattsanon date, section terest rates te the new pnncipal amounts under

• • M stierrvtg to rectnons repealed by Snnra.

910l(3) of title 31. United States Code, is amend

• FM ft).

tubsection (c, 4 ^%c Enngy Act of gg$4 g4:% NRC LICENSINC.-{ll Sutton liv. of the ed by sinking st bparagraph (N) as added by (3) OLD FA YhtKNT AMOWT3.-For the purposes } U.S.c, goggy,y gg secnon 902(bl ef Pubhc law 102-436. of this subsecnon, "old payment amounts" W'It by sinking "or the cosistructton and tk) DtrtNmon or THE COAroAATION.-&cnon means. for an old capital investment, the an. t 101811) of the Energy Pohey Act of 1992 (42 nual interest and pnnetpal that the Admnnis. watson of a kranrum ernehment facthryU.S.C. 2296b-7(1) ts amended by insertang "or its trator would have paid to the United States I Ato"uc Vapor Laser }.otope Separatton alegW". successor"before the pertod. Treasury ftorm October 1.1996, if this secnon &{l4211.5 C. 2243) is amended by addsng aton 19] of the Atomic gne,gy Act of BE (A) the prtnetpa! torre repaut-h { 4 SUBCNarrin B had not been enacted, assumtng that-e y Me followtng-1 RE!!NAht2NG. ntA110N (t) on the repayment date the Adnuntttrator (a) DtrlNITIONS.-. astigned before October 1,1994, to the old cap. tsalinvestment. or r s f h

.{ H3936 ~ (to scath re~;uct is on OM capital intestmentCONGRESSIONAL RECORD-HOUSE

• y April 25,1996 for which tre Abntnittsster has not eastened a 9EEC & CREDrtf TO Abs &BTRATDr8 P.ZPAY.

umVT to tus VNtis.D ETAtss CHAP 7gg g men he A Letrator sha! $ the ou euptal innstment in accordance wtik "Se long as A nutrator makes annual FOREIGNOPERATIONS EXPORT paragraph 10(d)(1) of the eersten of Department MFments to the tribes under the settlement flNAN INO, AND RELATEb PROGRAMg EXPoAT AND INVt3TwoT A3stsf4ws of Energy Order RA flJoJ In effect on Cktober

1. G'****' t, the Administrator shall apply spalast amounts othewue payable by the Ad.

Ezrons.lMPoAT BMK of TN3 UNITE J.1994; and (B) Interest torre paid ministrator to ne United Sta'.es heasury a credst that reduces the Abntnistrator's paynent, gg.,3,3,,fp3o,g 7,g, (1) at the interest rate the Administrator as, in the amount and for each /Lseal year as fol. intxtmom signed before Ocuber I,IM, to the old capital tows: 315M0,000 in JUcul year iM; 8tqMcA00 tevestment. or thu heading, $42,000,000 are reacta (st) 1csh tespect to an eM capital intestment in ftscal year 1998; $17.250,000 in );xel year for which the Administrator has not asr4ned an 1999; $17,640,000 in fLacal year 2000; $18,$$0tv0 CHAPTER 3 intemt rate before October 1,19N, at a rato de. 'ceeding fucalyear "in fUcal year 2001; and $4,600,000 in each w DEPARTMEh7OFTHElhTERIOR AND termined ty the Secretary of me Treasury, tak. Mg into consderation petaUteg faarket ytetds, (t) CoATAACT Paorarons. RELATED AGENCIES dunna the month precedag the beatening of the in each contract of the Administrator that Dt!ARTWEhT or Extnar fucal year in which the related poject, facutty, proddes for the Administrator to sett electrte gThargog pgyno4ggy agsgayg er separable unit er feature is placed in serrW, power, transmissson, or related servtas. and Policy and Conservatwn Act (42 U the United States unth per1ods to matunty enm.on outsMadang interest.beartne obhpattons of m the Secteta9 of Energy shan draw down an)d parable to the pertad between the beginning of stans spedlying that after Septmay be, shan offer to amend to e case sen in /bcal year 19 5, 3 27,000,000 the /Lscal year and 84 trpayment date for (Ae ember J0,1996-Strategte Petroleum Reserse oil frorn the weeks unorth of old ccptalin oestment. (I) the Admhtstrator shad estabitsh rates and jga,ug gggg, Jc) JNTrnLTT RA TE POh NCw PalNCEPAL charges on the basis that-AMol>Tsn (A) the prtsctpal amount of an old cap (ta! w. CNgTEE A As of October 1,19%, the unpatd balance on westment shan be no greater man the new prtn. DEPARTMEh73 OF LABOR. HEALTH AN the new petncipal amount establuhed for en old opalamount estabitshed under subsectten (b); HUMANSERYlCES, AND EDUCATION captal inmtment u nder subsection (b) bears in. (B) the intyrest rate appiscable to the unmid DEPARTMEh7 OF HEALTH AND HUMAN terest annua:!y at the Treasury rate for ne old balance of the new prtnetpal amount of an oW gga yjcgg capttal inMstment untnl the earher of the dJte capstat inoestment shan be no greater than the

1. 1. 1. # ##"" # E"WE#

that the new pr1nenpal asnount $s repaid or the interest rate e3tabluhed hadfr rubsecftM (c); repayment date for the new princtNJ amount, (Ch any payment of petncipol of an old capital 104 OPPOntcNITitt AND A42tc 3rl413 (d) REPA runt D A TEs.- tsoestment shall reduce the outstanding pets. insx11ston; .i-As of October 1,19M. the repayment date for ctpal balance of the old capttal investment tn Of the fkads made avouable under this head the new principal amount establuhed for on oldne amount of the papsent at (Ae time the pay. ing elsewhere in thts Act, there is resen capital inwstment under subsectton (b) is no mest is teru'aret and amount equaJ to the total of the funds within eather than the repayment date for the old cop-(D) any payment of hierest on the unpold each State's fontyttson for fbcal year 1996 that italinmtment assumed in subsecuan (bx2XA), balance of the new prtncipal amount of an oldare not nemsary to pay sud Sute's onwie capntalinnstment shan be a credit agaiut the clauns for such fLacal year, to 1 1996 through 8FP PPr1888 I488'838 G cow 98 I4 848 e k38 of (aJ amenJed by Pub!w law 10MtJ) September 2, 2001, the total new "pnnetml th8 Myment af the 81me 8A8 MFme#I 18 8en-j, amounts of old capital inwstments, as estab-dered.' by addtag: " reduced by an amount equal to the lashed under subsection (6), that the Admints. (21sportfrom charges utessary to remy the total of Rose funds that are within each State's new ptactpal armount of an old capital taust. limitation for /bcol year IPM.that are not nee. da s nt ce $1 M (f)lATEREST Rafts ton Nrw CANTAL lxTss7 p y the interest on the principal amunt under such Asd g a p g wa M MtxTS DcAING ConsTavCTroNn s g,e m p bsection (c), no amunt my be charged for such year shan be deemed to be (I) NEw CAPITA 4 lxvisTutNT.-The pnncipal stun to t c United States Treasum as repak' for tre purpose of gege,msngng ghe amoung 31,000.000M amount of a new capitalinvestment includes in. 2858 M M Mfum 88 84 the payment under subsectnen (l) to which each terest h each fLscaJ year of construction of the '""gfj","f, ' fy, j"'8MI. M 88M8tm State is entitledM related protect, facshty, or separable unit or fea* ture at a rate equal to the one year rats for the (y amunts prnuted unda DEPARTMENT OF EDUCATION ' = on$tn"cNeEp*cbin res that were mad, tide 31, United States Code, shan be condable to n nM of STUDKWT HNUCIAL ASSIMNCE my, and shan 6e ne sole sarce le gyment of. Notwithstandtag any other pronsion of this from th date construction commenced through a ludgment against or settlement by the Admn. in Title I of this Act un the end of the ftscal yeur, and isMtor a the United States on a claim for a (B) accrued interest durtng constructton. breach of the contract pmrtsions requsred by dent hnanctal Assutancf m henh nduced (2) PhTMUT.-The Admintstrator is not re. tu. this tart; and by SM,44SM. quired to pas, dunna construction of the W the contract presctrians spe#ed in thse CHAPTERS project. factitty, or separable unit or feature, theP8FC de **** Interest calculated, navued (A) pnclude the Aentnistrator MILITARY CONSTRUCTION under subsectwn (f#1). and capitahsed (JJ Ows TIAA nATE.-Tor the purmses of this 840, through rates or other means,/nm ncovo. NMN any tax that section "One-year rate"for a fiscal } ear means is genemny tmpsed on electrie utQtttes in the Of the funds prortded in Pubnc Law INat, URlled States, or the Muitory Construction Approprtatsons Act, a rate determtned by the Secretam of the Treas. 1996. the followtng funds are hereby vertsded ury, taksng into consideratnen prevailtng market (B) affect the Administmtor's authority under applicable law, tactudnns section 14g) of the Pa. from the follotetng accounts k the spectAed Wields, during the month preceding the begin.cific Nor:hwest Electric Pour Planntng and atng of the fLscal year, on outstandsng interest. amounts: Conservation Act (16 U.SA 839eig)), to.~ Muttary Construction, Army, $65.030; beanna ob!!gattans of the United States actth stods to maturity of appronmately one year, pe, (t) anocate costs and beneNs, nncluding but M1btary Constructton, Nary, ssMM; (g) thTEntst RATES ton NEw CA!!TAL lxvisT. not Itmited to fLsh and wUditfe costs, to rates orMuttary Construction, Air Force $6,335,000; utNTs.- resources. or and The unsLi balance on the prucipal amount (it) design mies. Muitary Construction, Deferue-wide, sf a new capstal hressment bears interest at the (1)SA VING3 PhoYm0NL~ Ill,343M. Traurury rate for the nete capital investment(1) REPATMENT.-This cubchapter does not af. CHAPTERC from the date the related proicct, facihty, of feet the obligation of the Administrator to repayDEPARTMENT OFDEFENSE-MILITAR Y separable unit or feature is placed m service the prinefpal a*sociated with each capital in. PROCUREMENT tuttl the eather of the date the new capital h. oestment, and to pay uterest 01: the pnncipal, Mml12 Paoct sturAT, AIn Foner ) usonent is repaid 09 the repayment date for the only from the "AbninLstrator's net proceeds.". nete capital tnvesonent. as deltned in section n of ti.e Federal Columbia tnzscisstony th) CasoITs to ADutstsTnATon's RKrarugwr Transmission System Act (IS U.S.C. Of the funds made avauable under this head. Riur 10 THE UMrTED STATES Tn2ASCRT ~ 838k(b)). ~ gng gn rustse gaw IcS423, ulo, cop. coo are re. The Confederated Trske of the Colgt!!o pee; (2) PATMENT Cr CAMTAL IWisTWENT.-Etttpt ' asnded. (Public Law No.10M16; 208 Stat. UTi)ersatton Grand Coulee Dam Settlement Act as prostded in s OMn PnMawzNT. Ala foncs not affect the authonty of the Administrator to amended by sinktng seceton 6 and Mserting the pay all or a portnen of the pnncipal amount av IR*W'0W is f;1!otstag; sociated ictth a capitalintestment before the re-Of he funds made available under this head. payment datefor the principalamount. ing in Pubhc Law 10J433. L%$,000,0tv are re. scinded.

hnSiusec ser-sea sa.3 atse.ot-sa es 23 tez7 e c.a.tes ON118U\\TRUe0.006 8.!$o. DO-A F-SL 1 AMENDMENT NO. _x._ Calendar No..__ Purpose To armend the Atomio Energy Act of 1954 to ensure maintenance of adequate security at the Paducah Gase-ous DitTtuuon Flant, Kentucky, and the Fortsmouth Gas-eous Di&sion Plant, Ohio, and to make a technical amendment to the USEO Privatisation Act. WTBi'SBNATE OF 'ntI UhTTED STATES-1 Neb Cong 2d Sess. (no.) (tith) \\ Referred to the Committee on j and ordered to be printed Ordered to lie on tne table and to be prmted AMENDMENT intended to be proposed by Mr. M0CONNELL, h 1 At the appropriate place, insezt the follwing: 2 src. MAnrrEMANCE OF SECURrlY AT G SEOUS DIFFU. 3 SION PLANIB. 4 Section 161k. of the Atouiio Energy Act of 1954 (42 5 U.S.C. 2'201k.) is amendad by striking " subsection;" and 6 inserting the following: " subsection. With respect to the t, 7 Paducah Gaseous Di&sion Phmt, Kentuely, and'the 8 Postamouth Gascous Diffusion Planti Ohio, the guidelines 9 shall require, at a minimum, the presence of an adequate = ..~.......n. 2

~ /**RO1 aOSEC 301-564*3210 1C96 37-31 08629 C27 P. 0 3./ 33 q C:\\TRU\\TRU90.000 8.L.o. 2 1 number of coeurity guards carrying siden7no at n)! times 2 to ensun maintenanc< of security at the gaeevus diffusiou 3 planta;". ,) 4 WEC, TECRNICAL AM&NT TO USEU PRIVArlZA. 5

noxAcy, 6

Section 3110(b) of the USEO Praatization Act (Pub-7 lic Law 104--184, title III, chapter 1, subchapter A) is 8 amended by striking paragraph (3) and inserting the fol-9 lowing: i 10 - "(3) The Corporation shall pay to the Th ift r 11 Savings Fund such ernployee and agency contribu-12 tions as are required or authorized by sections 8432 13 and 8351 of title 5, United States Code, for employ-14 ees who elect to retain their coverage under OSRS l 15 or FERS pursuant to paragraph (1).". q e \\ i m.}}