ML20211J992
| 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:
|
| 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 UNITED STATES
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e. ' f(g Mcuq'o,, 7 g NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C, 20655-0001 _f e May 14,1996
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OFFICE oF THE oENERAL COUNs(L MEMORANDUM T0: Chairman Jackson Commissioner Roger' Commissioner Dicus m - FROM: Karen Cyr 2 .h ( General C sel ['<},g)
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 4- (2) Text of USEC Privatization Act
- cc: ED0-NMSS 4
RES 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
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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 4
eliminated in 1999 pursuant to the provisions of the Federal Reports 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 1906, General Covernmrnt Appropetanons Act, toined in uts attle sh!! remain available for ob- tion, as amended. . ligatton beyond the current ftscal year unless (II) The tenn *\tronium twrichonent" sneans CHAPTER 10 express?y so provsded hmtn. the separatson of urenturn of a own teotopw DE'ARTMEhT3 OF VETERAN 3 AFFAIR 3 #*#' EII0# N** *"h# '* *0* **d'** I0* *$ '***# I* E ******* E h**
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' AND NOUSING AND URBAN DEVELOP. !"bh' E** E'M** ***** II*' M* and U9 of pewnian of a ftseae teoso'pe and I having a .s NEh7 AND INDEPENDEhT AGENCIES E'O I" * '### * "U **I' * *
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DEPARTNEh7 OF HOUS!h,o AND URBAN enacted as part of tMs Act. asc sgas. Sata or sua coaronAssant, l DEMLOPMEh T 3se tilN. The President may make evallable , funds for osristons occarther under titlee 11 carl of(a) ATTN 0AisATooNo-The Board of Dsrectors the Oreporation, enth the approval of the 3 CowwvxtTF PLAxxfNo ANDJtrvriorWEAT q courvurry cryswrurxT cAAxTs fr of P.I. 804-107, begissnp tmmediatsly upon Secretary of the Dessury, sha# transfer tM in. 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. 1 droelopment grants", s30.000,m0, to remain standina su rrovtsens of section sisA of euch Earschment carperstwa to the private sector in (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.
i dentially declared flood duasters, includtag up that section would be that the demand for fam* eston by the Corporation of the operstwn c/ the U $10,000,000 which may be for rental rubsidy ily planning services would be less likely to be Department of - Enerpy's paseous diffusion 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 + cerst/tcate prograan and the houstna poucher cuase in abortions than would otherwue be the interest in maintaining a rehable and economi-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 i 4 year in duranon, and shall not be tubfect to re. cics donor fedeation of internanonal popu. United States' interest in the Corpration shall 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. includes ( agnatnon of the ennte amount of the asc slet atsfrop OF AAtA This ifUe snay be etted as the " Supplemental request as an emerpency requirement as deftned Appropriations Act of1996 * " gay gg.Tuonasroon.-The Board of Dsrectors in me Balanced Budart and Emergency Deflett TITLE 111 of the Corporation, with the approval of the
, Control Act ofIMS, as amended, is transnutted Secretary of the Treasury, shall transfer owner.
l tv the President to Congress' Prorded further. RESCl3310NS AND Off3ETS ship of the anets and obhgations of the Cor. 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 y section 23)(bHZXDXin of the Balanced Pudget _ SvacuarTsn A-UNITED STATES ENA!CRMEXT through a merger or consohdation effected in 2 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 !
s WC&t7 DING TAAN3fEA OF pChD3; MCSIGLDEm47 M the appWal of the 3ecM2m of the Deasug.
- 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 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 .
i be transferred to the Duaster Assutance Direct laser isotope separanen technology, y prmde the massmum puds to the Deatum t Laan Program Account for the cost of dtreet (2) M tem "Corpwam" means ne United of the Unned States and win prortde fu the 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 Pronded. That such transfer may be made to pnvansation. . Mliable and econmW dmeane grantum mJa. ; 4 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). o That the entire amount cf this approvnation urantum ennched to less than 20 percent of the (d) A!!!JCATION 09 Sect'artiss LAnt.-Any uvantum4JJ isotope, incMas that wMch is de- 8//cring or sale of securities by the primte cor-i s&an be atacable fktal budget requestonly for ato the catent spect/tc dona that fivedan fromof,.hiaMy ennched urantum, poration shan be sub)cci to the Securities Act of
' emcunt, that includes designation of the ennte ($) The term "loplewl mdioacHw waste" W W W. T7a et ad the Secunnes Er. j 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 " ****b" h'd * ' **c'"' 310'- I') '"'"" ~Erpenus of primtuatwa chan ,
emount is dengnated by Congress as an emer. '*'**'m***tenn (#) "pn'metsanos" means t4e pass- 6e paid fracepeanon tenue accounts la 4 s
#ency regurrement rursuant to sectwn fer of ownenhip of the Cwpwamon to pnete me Unned states peasun. q 13HkX2XD)tt) of the Balanced Budget and investors.
bnercency Deftett Control Act of 1963' as (9) The tenn "pnmuashon date" means the. anc cleL RETABtJSunGLVT MM OF PatVATE COR-g. 4 emenaeg, . date on wMch 100 percent of the ownership of 9 (a) INCORPOAATION.=(l) The directors of the f CENERAL PROF 1310N3 the Corpora #on has been transferred to private Corporation shan establuh a private for-profit ! inurtes. cepcotwn unde me laws of a state fu SM t
, 88C. 21101. In administering funds provided in J (10) The term "pubhe offertus" means an un- purpose of recetang the assets and obhgations i t%ns nue for damestic assnstance, the Secretary derwrturn offer 1ng to the pubhc of the common of the Corporstwa at privatUanon and contsnu-s elany involved department may watw of spect- rtock of the pnvase corporation purruant to sec- ing the bustness operations c/ the-3Corporation
$3 Citern@ve requirements for any provuwn of tion 3104.
e ens statute or regulahon that the 3ecretary ad- fonowing pr1satt.aution. 5 (II) The " Russian NEU Agreemen*" means T2) The directors of the Corporation may sette nulers in co:1necnon wsth the abhgatton by the Agreement Between the Covernment of the as incorporators of the prnate corporation and f a Metary
'ds. tzcept or for any use of therelated the requtrement reciptent of to ctvil these United States of America and the Covernment of shan take an eteps necessary to establuk the
$ 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.
s Euch teatver is requtred to facmtate the ob- (12) The term " Secretary" means the Sec'- (3) Employees and ofItcers of the Corporatwa
}
{ 4 tion and use of euch funds would not 6e in- retary of Energy. g (including members of the Board of Directors) . 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 April 25,1996 acting in their offletal capaethee as emptcyees cubsection (d). the car istionsr eruttng before(e) f#FinonutvrAt A July 1.199J. at me gasecus dt/ fusion plants urantum enstchment ente' prise bef
,secnon or e//lcers 2as of ettle to, ofUnited theStates Corporatton Code. '
for purposee of sha# be determined from the enrtrommenta 1993, shah remain 44 direct liabthties of thi Secretary, (b) 3rares or rus Patrars Covonartone (f) The private corporaNon sha# not be on no Atomte f(e)), Enegy Act of 1954 (42 U.S.C. 229tc~ audit conducted agency, instrumentahty, or establuhment of the a otherwise provided in a menoran Government <ontrolled corporation.Unned (n TnsarutwtStates, Unosa a covernmentPao. Pnns.Axvsrson corporetton, or a rulon-Any lease etecuted between the Sec. (2) Escept es otherwue provided by this rub-retary and the Corporanon or ne private cor. OfRce of branagement and Budg chapter, financtalobhgations of the prtpate cor. poranon and any estenston of renewaJ thereof. pewatuanon date, an Itabthtses arts no out er potation chan not be obhpations of, or guaran. ght operation of the Corporshon between /kfy 1 teed as to prisetpal or interest by, the Corpora. under this se fton shall be deemed toJP9J. be aandcon14e
- privatisation date shall remain the st.att so plataly state. ties or the UniteuEnergy Actthe of1954 (t2 U.S.C. 2210(d)).truct forUnited purponen of section i1 direct habthites of the 3tates, states, and obliganons
(#J WAIF 84 0F Kl3 AsQetRsusuf.-The depleted cro- urastum penerated by M , (J) No United Statesaction Code, under shall eection be anowableJ.t)J of title against
, 24 and retary cutton or transferorofthe the CorporsJton theprivate lease between betwn cor* Julythe Se>and the prtsatteahon date J. IP9J.
the United Stata based on actions of the prtpate corporatton. shaQ become the dsrect liakt!\ ties of de retary. sha# not be constdood to be a mafor Federalac.pMatson, and any (4) Any stated or imphed coment for he Vnit. (cf ArttxAtt0M twrMsxt 09 Post.COYEANstENT EM RE.rttuCfl0NL-Begnaning on the human eurtronment for purposes ed States, of orsection any opent102 or officertionofetantilantly the Un.ted privatteatton date, me restWettons stated in see. States, to be rued by any person for any legal. tion 207 (a), (b), (c), and (d) of etile 14, Unitedof the National Entronmental Pohey 19ti9 (#2 U.S.C. (JJ2), equitable,Act of claim or other artstng rehef with respect from to any an States Code, shan not apply to the acts of an in. sac. slet TRAh' sten OF CwtitAcr1 y action taken by any dMdust done h carrytag out ell \ctal dut en as (a) TnANsrsk of CONTAAcYs.-Concunent agent or officer of the United States h connec. a director. 0//lcer, or employee of Me private uith prtscheation. the Corporatwn shon trans. hereby wtthdrawn.twn wfM the privatisatwa of M 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 tor) contankously enttchment contracts, that were s att uronhan United States under this section is of me type dJte. durinp the dJ days prwr to the(l) transferred by 84 Secretary to the CM. oMerwue required by Federal stature or regula.
?.
J prWansatwa (d) Dasowtsox.-In the event that the pri. potation pursuant to sectwn JdOl(b) of the ctalfor adfudtrafwn er retiew, ekch cla vetuatwn does not occur, the Corporetton will Of Atomic Enegy Act of 1954 (42 U.S.C. 229?c(b)) . be presented to the Department of Encry in ac. provsde for the dissolunon of the pr1vate to,, (!) entered into by he Corporanon belve the cordance wtth procedures to be establuhed by poranon wtthin i year of the prwate N twn's incorporation unless the secretary of the i corpora' nANs Y f0jh the Secretary. Nothing in this paragraph sha# be coutrued to impose on the Department of
} Trectury tion's request.or h s todelegate, agrees upon delay any such dtssolu. the Carpea. The Corporanon shan "
AABLE P0wtA CONTA CTS.- ' transfer 8f '" '#to the#pr1vate M **# NY U" non for an addtnonal year SEC. stoe. TRANSFKAS T TEE FRtFAFB COR, [f
- y, ' f P" g
"* #"g#"y g gg',I pggo i# yE",,#",##"c#h"
,,y,,,,,g gg, FoAATION. 8 g P 8 & lh'
- United States in any action seeking obshty under this euksection.
to impo Concunent with privattsation the Corpora. ## " gg'8
'I*,,
8I*]37 (b) LIADILITY OF TNE COAPO4ATfo#. -Not. tun shah transfer to the prtpate corporation- psuous ft a ptanu 's the (1) thewith onor1ance lean ofJ107, seenon the gaseous diffuston pients in and sMD conunue contr w4tch to reu# the euchCorporation pow to Me is a party, the C tion 4 4# not be considered in breach, default, the Co'poration,(2) 48 pesonal property "[," and inventories of corpentton at cost during the tenn of or stolahon
;g#M'8snute of an (3) all contracts, agreements. and lease under ing subsection a07 TmstraHl) Nohthd. N'atwa traufer of geh scerment to the prtute cor.
sectwn 3108(a) ,,3, tM Unt:M S under secnon JJaf or any other aenon
,ngg,ag,g (g,),gg, pa7,,,, g, utes da# the se.Corporatton is required to take under n!s subchapter, gg, ,,, gy,,,J, from the Secretary uMer section 310a@),(o
- p the Corporation's
",,f,h'* .
right to purchase potoer $##"#",ff,, (5) such funds tn acc0unts of the Corporettan uMer such co f("c[ano (c) LIAstLtri or tut PAlvart ConroAA. bank or other financialinstitutwn , p,, as approvedheld gy ggg p,4,qg, go, y,, mag,, ,y ,,,g pyngagg,,,by Rt abMes Me Treasury vmateor cepolanon on deposit shan withbeany Mlele g,yang by ths Secretary of the Treasury, and pyr y, mag,, py g,p,,ggg, ,ggg y, ,,,,gg,,,4 WMM M arwng out of its opeams aner at y,ggg ggga cE of the papers and other documen,tary gj) If a contract,mate.(g) agreement, ferred under submetion (a) is terwunated, er, onor oflease thetrans, id)Corporanon's 1.lAntLITT of Ottictas recordsAND including DIRECTOAs.- vtals, regardless of physica! form of characteru* tics, made e rece1wd by the Corporatton, tended,dats tration or matertaRy
- amended after the privat. Cepeanon s,han be liable in any emi m ing to any MW in conneenon with any acM BECs slot.1.EASINC MM** 09 GAREOCy DETFt'310N gg; Pkgg, p,ggag, ,,,p,,agg,, ,gan s,,,,p,,. 88%#' N #""C** #A 8%# N### E (a) ,gg, f,p any obhgation atLrtng uMer such con **II** wth respect to the eubject matter of the actton,'
. TAAN5ttR 09 LEAst.~ Concurrent with O' N'*'#N0* #"# PC** k'"*
privattaat1on, the Corporation shan transfermag,, tract, to salagreement, amendment, and or lease after any ettension or tetthin the scope IEE ThA ""O**##'** of his employme
*#0'0 ths vrtvate corporatton the lease of tM gaseous (B) Se United States shan be responsole for "h*U **# *PNEY ## #5"$**
d(ffusion plants and related property for the any obhgation arissng under the contract, artsing u'nder the Securtnes Act of 1933 (IS re matnder wtm the terms of ofthe term such of such lease M accordance agreement, or lese before lease. USC.the Tia.terminanos, et sM the Securtnes sr. Exchange Act tenston. of materialamendment. of ISJs (13 U.S.C. Tea. et seq.), or under the haw the exclusive optwn to lease (3) Thethe caseous pritsate correratson (b) MENEWA1.-The shall feimburse Constitution orvr19 the UnitM States for any amount paid by the possession of the United States relating to trans. laws of ateany corporstion State, terrttory, orshad 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 tered into the with crptratton the consent of ofthe theprivate cor. SEC,28tA EntrLOYEE rst01scitONS. rotation or under a judgment, V the settlement v judgment- (a) CONTAActoA EarptortzsMI) Primittsa, (c) Exclusion or Facit.rrscs ton Pnoctxrtos tion sha# not dunistsh the accrued. pested pen. (A) agreement artses out of an'obugation under a con. sten beneltas of employees of the Corporatton's shon not lease to the arteate corporanon anyor Moontr Esascuto UnAxtvu.-The Secretary tract. section (a), aw , or lease trauferred under sub. ston operattng plants.contractor at the two gaseous et/fu. twsuttes necessary for the produenon of highly enrtched outrements ofurantum the Atomic Energybut may, subject Act ofian (42 to th, re.vatisation ' ;o(ra)tton date and the 6etween the priB arues out of actions of th ontractor at etther or U.S.C. NH et seeJ, grant the Corporatton ae. date of a termination, executon, or matertal both of the gaseous dt cess to suchoffacthnes the productton highly enswhedfor purposes other than amendment of such contract, agreement, or sponsor or other oppropriate fk uranium. lease. ' (d) penston plan covering employees of the p tor op. (d) PRXmo.-The Corporatton may estab!!sh erating contractor shan arrange for the transfer CONDfTsoNS.-The MVment of any costs of g . DOR REstoN$ltILITT Pon vnKEX13750 prtces for its products, matestals, and servicesof an plan assets and habthenes relanno to ac. czstamination and decommustentng, respons,e actions, or corrective actiou with respect to coMattons ertsfing before July t,199J it to attain profit making corporation. the normal business obpecttees of aprended am such plant to a to customers on gaseous diffuston plants shalt remam at the SEC. s top. 81tRZIJf!It , penston plan sponsored by the sete contractor responsibt'aty of the Secetary* the sole , or the privata corporation or a fotallabor man. (a) LIABILITY of THE (fNtrtD STATK341) agementE2 plan. As the case may be. (3) Cept c3 otherwise provided in this abbchapter , In additton to any obhgations artssng
, under the Netwnal LAber Relattons Act (29
~ . -w w m
1
..... ..- - n s.s---
t"* ~L*.%::M W****A "'***** * , , April 25,1996 . U.S.C. HI et seg,). an CONGRESSIONAL RECORD-HOUSE H3933 prtvale corporanon lly employer it operates a psseousUncludsno 6tl. the shall be pursued in accordance utth ecction'10 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 860). tractor of the Private corporanon) at a asseau under TEMBP pursuant to Nragraph (4); and diffuston plant shall- (C) Any eutt oneging a otolettom of an6 prod- (B) euch amounts as art detemined necessary (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 the new emplopfr (inclkdmg the new Contractor ekct-. s state, with said amounts prorated to reAect only or Se private corporatnan ifit operates a gase- (() to retain the employee's t9verage under en ces and rehred persons that oss dt/fuston plant without a corstractor) shalk ther C3R3 or FERJ. as opphenble, in heu of the Corporatton after
.orcow
- age by the Corpor%At's trfirement eyete'n, ormed the for privattent (A) offer employment to non management em. SEC im. OWEREN!P UNTAff0N1 '
ployees of the predecessor contractor to the e2- (11) to recetw a deferred annutty or furnp stem (a) SECT'Aritt31.!MITATIONS.-No disector, of.
*ent that thetr Jobs stnll east or they are qualt- beneSt payable to a termsnated erwleyee unuer ^ fleer, or ernployee of the Corporahon may ac-fked for new Jobs. and CSM or IER3, as applicxnble. quire any secww.nes, or any rights to oWu1st (B) absde by the terms of the predenssor con. (B) An employee that makes the electton any securtttes of the vrtvate corporatwn on 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. -
i signed. . Thrt/t Satings Plan account to a deAmed con- (1) in a pub!<c offering deeigned to transfer i t 0)in the event of a plant clostng or mass lak tritshon plan under the CorpordtsWe tettre- ownership gors, of the Corporation to private snoes. off(as such terms are deAned in seetton 2)offa) ment system consulent with apphcable htw and (2) and (3) of alle 29, Untled States Code) at et- the twnternsplan.of the Corporanon's deAned contribu- or(2) pursuant to any agreement, arrangement, undersidading entered teto befort the rrtwt-ther of the caseous daffuston plants, the Sec~ retary t[ Energy shall treat any adversely al- (2) The Corporatton shall pay to ne Ctvil tsation date or fected employee of an operating contractor at ei. Servsce eA) Retarement and Duabshty Fund- (3) before the electwn of the dtractors of the 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 ca! Yeat 199)(42 U2.C.1214h-12741). trope under esther CSM or FEM pursuant to cent of the ownership of the Corporatnon is , (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 seined under subparagraph (B), employed by the sums under sukvarcraph (A), the " normal cent of the tosa; votes of all outstand 5ng vonng
> En operatsng contracter at either of the gaseous cost" (determansd using dynanuc assumptions) secustties of the Ccrporatwn. The forepotng hm-44/ fusion plJnts in an economically efficient of set rement beneftts for those employees who (tatson shall not apply sn-(1) any emp:Jyre stock ownershty plan of the Corporahon, cowage as elsattle rettrees are entstled to re-manner and at substantsally the same level of ant( to p (2) members of the unsterwrtting tyndscate cettf on the privattratwn date, mal cost" hetag senat consistent with generally '
(B) Persons thgsble for coverage under tub- and accepted actuartal etandards and prisetples; purchasing shares in staW.tatton transactwns paragraph (A) shall be limited to: ' te connection with the prtwitsation, or 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 agency. comrnerctal bank, broker-dealer, or clearing 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 ! contractor employed prior to Ju:y 1,1993, by the employees who retire from the Corporatswa after (a) TAAk3!KAt AND SALT.t BT THE Sec , Deparpment of Energy to operate a caseous d4/- the pnvatteation date under either CSM or hrTAnf.=The Secretary shall not protC# en-juston piant; and a employees of the Corporation who dse after theFERS, for their surttvors,
~
- 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- k 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- o pension plan maintatned either by the Corpora- ment as provided in section 8344(a)(1)(B) of entle sistent with this seetwn. J, Unitat States Code). ston's operatsna contractor o= ty a contractor '31,(b) Rt'ufAN HEU--(!) On or before December 1996, employed vrwr to Ju!y 1,1993, by the Depart- (3) The corporatxon sha!! pay to at ThrVt ne United States Executive Agent ment plant. 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 (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 ret 1 red from employment actth an operating con. . to retain their coverage under TERS pur- the 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 fund the cost of post retirement health bentftts Program (referred to in shts sectwn as HEU Agreement. The quantity of such uranium 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. nd in coverage under either CSRS or FERS pursuant herafluoride trasuferred to the Secretary purtu. 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 rystem. of courage by the CcTporation's health benef\t this Act, the Secretary shall sell, and tenwe payrnent for, the uranium herafluoride trans-R occordance with sectwn XI of the Labor (5) The Corporation sha!! pay to the Employ ~ Jerred to the Secretary pursuant to paragraph bl3%carment Relations Act (29 U.S.C.183). (1). Such urantum herafluoride sha!! be sold- , fB) Any charge under this tubsectson alleging ees Health Benefit.s Fund-H ta/str labor practice talattw of section d of (A) such employee deducttons and agency (A) at any ttme for use in the United States k SM hknonal Labor Relatxons Act (29 U.S.C.158) contributtorts as are required by section (B) at any 4906 timefor for the et 4 purpose ue outsideof theoverfeeding; 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 1988 Apent at the pureuse prtre for tese in mothed J000 4 April 25,1996 sales pursuant ta the suspensson Aarament; or. -
'\ (D)in calendar year 2001 for conswvaan end vers in the United Stata not prior to Jane.
2001 M by -*..-- ~ 8 e the material win not how on adwree m o ary J. 2002. in rotumee not to stceed 2002 _ 18 impan on the domesne urantwn mining. ronne pounds U.o. equivalent per year. 2.000.000 M..~---- 12 eton. er enrichment industry, tahtas tato s ae. M~~~~~~~~~~~~ ~ ~~ - r l' ered to the United statee Execunw N . Asent under(3) nuh88 respect HAU Agreement to an enriched cd the urantum Jussenston dette. Agre i theJ.1s97 ary Russten HEU Agreement on er after Janu. g--~~-~~~~~~~~~~~~*, y and , shil. upon, the Unased states Erme,w Apent g, g ~g 4*s""E g *u"*"'"""*"r leu than the fate m,het value of the mate ( Apent, enter inte en areement to denser con. request"*""*" of the Ausesan )p, Essewaw current!y to me Ruenas Esensttw Agent an (f) ,,,e) cors,an,ur,,TAMJFlWr.~,,Notwit,hstand
,,,,,c, ,, { gy g, 3,c,,,, ,,,,,,,f,,
or se# enriched trattum-- the natural uranium component Russtan of euchErecuttw ura-amount Apent under of urantwn (1) toparsaraph herafluoride a federal apency (J)equivalent if seDreatum Me matertal to to herefluorid nium. An agreevnent szecuted pursuant te a re. auctioned pursuant to pamaraph transferred for the use of th recetand eveney guut of #Ae Russen Ezecuhve Asent, as con-sold at any arrie as Audan.wwm w(t) tany be wuhout any *esale or transfer to another entity templafat in this paragraph wu, m a moteud see pursunt toural me Ju, ura.pen. *Menaosu: and the matertal does not meet commerdal epec-dehwries due duttap say. may pertain to any stan Apewment. and en euch case dall not 6e pertad remaining cvunted set wth in spelast the annual martmuni deltwrter (2) to any person for natspel security pur. ttty of such wrontwa hezafhsoride f.) pro deltwred tounder ne Russian araph (5), n . po888. as dete HKUmmed Areement. p
' y ne secretary; or The vuon-athe tausRussan assay of 0.30 ENeunw U2. Title Aoemt to urastum shahRusstan be based on Erecuttw Apent under paragraph (3) orwe u fluwide dettwed to su ch herafluoride dehwrad to the Russian oscitand pursuant to pamaraph (f) maymercial be otheruse, than the peneration of efeetricity for com-s ion sold atEinstee a
Agent to pursuant to 6ts paragraph shaV transfer the Russia any cme for uer et Me United States for V & *,,* [ g*,'nh*Czecut: 9e Apent upon deh R* the purpoes of ewrfeattaa en the opwatsons of chapter shan 6(f) 34rtNO3 htoristow g,'*'y u *ga*y'*'$,",*, very of enrthment facuttlee. Amerscan factht
& *the sale of the conwston compo)nent Sac,4413 wwJ.yVEt.FMFE of such(#)Nothmgin this subes i
s
'fh R1"' y destgaated e by the Rusian it-dl3'*
cy ng,a* ,ran ga,, ","#,*""'o%"A pp. *** (a) *kr.srohmarrt **hfg*,"cq
*
- or DOE.~(1) The See.
paragraph s%U be deemed under U.S. Hw ~*h* fe ' t- * "maa,t=aa ad al"~ den, *u i , au purposes to be of Russian artsin. Such ura- n The alwn herafluorde may be sold to any person or ry [ equars 8 #"**d 8#aa ' u=n - fa were w e ,
' i entity for dehwy and use m the United Statee *
and MT) of Mis section~only as permitted mtion, essary toinenfos esubsections sahe any(6)(3), actwn(6Xt) that my be neoany person to pentde any enM eer (A) the Corporation as a reruft of the oper-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 loca- 3 agreement to take denwy of the natural kra- of Commerw and shall taker.it any tton of other the action thantreutment the *t'ide gaseous ofany euch dVfusson wastes telemahon plunta orat a wired b as contemplated in paragraph (3),nium component of any loumatichst lotory Commtssion uranium, guested to operate by thea umatum Secretane ! - tetthin 90 necemy fw Me administmtion and enforce-dehmed to the United States /0'thErecutite i# thi8 8tCli#n-ment Agentdays of Oe uroMum of the thedetteeryAtomic famliatnans Energy set Act of 8954 (12 U.S.C. M gog3,dataand 2243), such lowenriched , urantwn is then the United States Eteesttee the Agent United 8%Uor States uponErecuttwrequest of the (7) Ereept as Russian Acent under proNded $n paragraph Erecuttee the@) (J) Agent,
,the The Pres engage on independent entity through a corn- Russian HEU Agreement and skaQ report to the p/loplewl radioacttw waste pursuan duposal Capress nel later man December JJ of each of urantwa hetalluorde or UAymr (tnn thetheeffect ewntpetitsw selection Me lopenriched urentum h go process parag, ash (l)toenauction an amounton ent>alamountto ne Secs that ne conorrsion component of suck itwed undw ne RussWn HEU Agnonent is kanng n thidamestic urantum mtmg. conw- capital amount equalecsts, 6st in no owns more than an,,
lent to the natural uranium componen) of suchherafluartda industru!s, and de oper* pyhas predously been sold equtoo-t ston, and enrichment commyggag,to nat tehtch would be charged
. low-enrtched urantum An agreement executed ation of the gaseous dV/uston plants, such re* ggage, gqgsonag, og gaggrygagg pursuant to a request of the Russian Esecuttw port than include a desatption of actions thcompact enfattes for disposal of such mte.
Agent, as contemplated in this paragraph may (J) la the event depleted uraMkm were ulti-pertain to any dehwrtes due dur1xg any pertad wat of mitigate any maternal mately adese smrci"a determined to 6eproposed le*4*wl radioactive to be sahen by the such toduttries or any loss of employmentwaste, at thethe generator shaQ reunburse the See-Ruch independent entity shall 9GMu* sell such uraniumrematning dWM^ ten PIG #LE ** * *** kit Of the Mu** under me Ruutan telary for the dirposal of deplet18 uranium HEU Agreement,
- pur herafluoride in one or more tots to any stan person HEU Apreement.
or enfaty to martmise the proceeds from such ne anySecretary's costs, includtag a pro fata sh
- sales, for dLsposttion consistent with the Secretag limita, sha4 imms/w w theof Cepwatton capitalcosts wuh*(c) TRAxtrcas to sus Cont tions set forth in Mis subsection. The tedepend, (b) Mastutwrs gencator may s Wrru Omn Psaso&The atum and up to F,000 metricgupo,ay tons ejof natural gopg,!so ura-out enter into cha*ge agreementsfor the up to 50 met ent entity shan pay to the Russian EtecuttreAgent the proceeds of any such aut on less au cubh atum from the Department of Energy'sskesection stockpue, (a) scfth any person other than theug ga reasonable costs. fransaction The quanttty of such and urontumother admtnistrative e restrtettons in subseetton (cN2),
Secretary that is authertsed by applicable laws (t) The Corroration shall not deltver for cm and regulation: to dirpose of such scostes. herafluortde auctioned shall be ba*ed on a fatZs assay of 0.30 UM meetalend use ta me United 3Lates (c) STATK on INTER,3fATL aucttoned pursua. ntle to urantum hetafluoride subsection befve January L Stat W:(A) anyanyofomer setthstandtag tAspro,dston urantum Co# PACTS.-Wot-trans/ erred unde of law, no transfer to the buyer of such matertal (B)kpon more de-nt aan 10topercent this paragraph of the urentum shaQ g7,,,e (byor laterstate co,mpact Man be liable for the -
,,,g, ,goga ltecry of such matertal to the buyer, Urantum urastum fored heraflucida equiva2ent content) tuns.
under qgm, ,,,g,, g, y, , 3g,po,ag ey g,y go,,g,uq herafluortde ouettoned pursuant to this paro. this subsecdos of mee (Mn g,g ,g,,g,y ag, graph shan be deemed under Untied Statet for48 law endarymes/ter W ,wMON pounds, whicheur is less, in any cal- tributable to Me operotton, (5 Excep b ofRussia and decommistiontad ment /aditty, of any urantum eartch. . pro ded in pa a (C) more than 400,000 p 3 (6) and (1),)urantum hetallucrtde deltsved containedto the Rusuranim transseparattve work units alc aff u m in loetsrtched stan Executtu Agent under paragraph (3)under or, this subsection in any calendar year /pred IAE E"YENICAT NAL31 . (a)Corporattan Thepursuant MMM shan MWhave M the NMM.- esclustw be detweedfor consumptionImnsfas by end authoMadusers in E* un'dl) theructioned
*ddit'** ** Ch* * to paragraph ents','*I 0h* ** d'N'#" *** " ""Y A YI'E# ** (i),com- may Isot United States etther directly of indirectly (e)p:;o, natu*al Me 3deremry may, #m tone to ta'ne prms, segderand subseettons technkal inMna&n (c) and ss January 1.1990 and therafter only in I*"and oc. ,
lawnched uranta (including owned a conWM by W Memment, um cordance actth the[ollotetag schedule: h'd ****** ****** P" hiek! gy's stockpate.riched uranW Aosn W (Ae*** empitneh of a nyahy nGretment wUh ne Sec* Department of Kaw. ka,ag yagw g,gg,,py g, gg g,,, (D) T I'*" (2) Erott>. as prooided in tubsections (b)
'***nMA M UWM MN M N PonATION.~-
(C) and (e), no sale or transfer of natural or tocen.(I) (N QMW-To the extent requested by M- fautNau
"'*d**'*"#k tih riched urontumt eshall unlesnbe ma t the Corporotton and sublect to the requirements 2
ts not net *ssary for national secuftty , of the Atomicneeds(A) Enegy Act of1954(42 et seqJ, the President sha3 transfer without the President U.S.C.2011, determines th charge to the Corporatton an of th9 right, title,
% 'M e 6 ,y,
,y ,
a_
f . April 25,1996 ' . i ',' CONGRESSIONAL RECORD-HOUSE or taterest in and to property owned by the UnPad States under centrol or csstody of (M H3935
"(f) LtWtfAftON.-No liefhe or cfrtilkute of 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 tion's purposes regarding AFLIS and after. Als section or secttons M, 63, or 1701, if the of the Bonnevute Power Admsntstronon:
- native technoictics for urandum enrichment, in- Commission determines that- (2) "copital Investment" twans a contatued cludsng- "(l) the Corporanon is owned, centrofled or cost funded by rederal apprcynotsons that-(Al facthnes, equipment, and materials for re. dominated by an ahen, a foreign corporanen,, or (A) u for a project, facuity, or separable unit a foreten gowrnment or acerch, development, and demonstranon activt. . orfeature of a profen or facthty!
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 processes, patenu, technicalinformation of any "(A) the United common 5tates; or defense and securtty of the United States Deasury through the sale of elec. bnd. contracts. agreements, and leases. tric power, transmission. or other struces; 1 ' (2) Exctritos.-Facustnes, real estate, tm. "(B) the vnatstenance of a reliable and oc8* and (C) ettludes
- a Federal tertgatson investment; i
proternenu, and equtpment related to the gast- ICf8 nomscal". domesuc source of ennchment ser> osss Clifuston, and gas cer,trtfuge, urastum en. (D) etcludes an investment financed by ne 0)SecMn It0)(cX2) of the Atomic Energy Act current rewnues of the Administrator or (*y t
- richment proprams of the Secretary shall nog transfer under paragraph (IX8), of1954 h (42 UJ.C. W/(c)(2))is amended to read bonds tssued and sold, or autho*ued to be is.
(3) Extinatt0N or TAANsita AUTHOArrr.- as,p(2) PtntoDtc AtruCATION 90n CEntt!!CATE sued and sold, by the Abuststrato The President's auMortty to traufer progsty or courueCr,-The Corporation shall tion 13apply of themission Federal Columbia Zystern Act River(16 hans. U.S.C. 633);
- under Rts subsectnen skall erpsve upon the pri. to the Nuclear Regulatory Commission for a ce
' eattaatton date. (3) "new capital investment meass a cupttM (c) Eimuir mn ParcAT uD Ral.arso t1/ncate of comphance unda paragraph (1) pert
- investment for a proint, factisty, or separaMe unit or 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 ft,,3,ps ,iber s, Ja96; terest provided to the Corporatnan under sub. not hr than rury 5 years. The Commission '
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 (A) review.",
was tncurred, but not repaW, before Octo. 1 Act of 1954 (42 U.S.C. 2181(b)(3)), or any settle. (4)Section 1102(al of the Atormc Energy Act of ber I,1996, and 1) ments or tudgments involvtng clasms for aDeged E934 , 0) byl'Istnb U SS ngE29I,I'IIG)) 4Wer 8, a L* *W (B) ses for a protect, facthty, or sentable ; putent infnngemenh Any royalty agreement *0 and inwrtsng unit or feature of a
'g'y ,f* ,,,,gc, s,for, negas, protect or facih *y, placed in
, g, gggg; under suo ection to)of this scetten shall provide g.gog, y ,,g g n ,,4 ga, .}
for a rlduchon of royalty payments to the Sec* W "remynent Me" means the M eM p. i retary to offset any parnents, auttds, setile' ,,ny gg) ..switons gpygjg ggygg R H) and IM ,gy ggg'jg7;ggg.,ge(. ments, or fudgments under this subsection. tien iteb. of the Atomac Energy Act of $U4 (42 of a Capttal tacestment and riod withsn watch the Administratot's rates are to assure the remyment of the prtnctpalamount j SEC. sitL APPUCATION OF Cast 1AIN LA ws. U.S.C. e239(b)) is amended to read as follows: (a) OSHAMI) As c/ the pntoruanon date, "b. The followtng Commisston acttons shall be 0)***#"'"'***'"*~ , (A) for en old captsat investment, a rate deter. the v'nate comply corporanon wtth the Occupationalsha!! Safetybe and eubtect to and subject to fudtaal revtew in the mannar pre, mined by the Secretary c/ Me Deasury, ta Health Act of1970 (29 U.S.C. U2 et seq.). scnbed in chapter 158 of tttle to, Unsted States into constderanon prewthng market stuMs, dur. Code, and chapter 1 of title J, United States ing the month precahng October !,8% on out. (1) The Nuclear Regulatory Commissten and Code: ***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 thonty over vestment; andand the repayment date for the old capstal en. ocnpanonal safety and health construcnon and operating heense. kuards at the gaseous 6tifus1on plants, tnclud. "(3) Any final order ertab!uhtng by reg.ula. (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 ' 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, 8 W the Suspen.non Agreement shall be con. "(4) Any final determination under sectnan On outstand 1ng interest beanno obhgations of 1
*s 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.
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 nuttna! terms and conf \wwd by the Secretary Janon Act, are in comphance with the Commts. new capttalinvestment. , elCommerce under the Suspension Agreement. ston's standards governing the gase:us diffusion (b)NEw PAINCitAL AMOCMS.- a (c) EhERar REORGAAIZATIONACT RK9tnAs. plants and all opphcable laws ". (1) PRINcirAL AMOVWT.-Effective October 1, CMT1-~(!) The pravate comoranon and its con. (d) ClYtt PENALTIES.=~Secnon 234 a. of the 1996, an cid capital tavestenent has a new prta. tractsrs and subcontractors shall be tubjectamended to Atomne by-Energy Act of1954 (42 U.S.C. 2282(a) is Ctpalamount that u sM tum of-
&%e proutstons of sectxon 211 of he Energy Reor. (Al the prese'.I sulue of the OM payment ,
(1) stnMng "an" hcenstng proruton of sectio % amounts fcr the old capntal investment, cal. sanuation Act of 1974 (42 U.S.C. 3831) to53. the Q. 63, ol. 82.101.103.104.107, or 109" culated ustng a dsscount rate equal to the an estent as an employer skblect to euch see, and 37.
- 1 sme Inserting: %
"any hcensing or certification Treasury and rate for the old capntal investment; #
.t ' (21 Wtth respect to the operation of the factit.104.107,109.
proviston of 011701"; sectton $3,57. and 62. 63,61,82,101,103 8 tes leased by the prtsate corporanon, secnon (B) an amount equal to $100.lDO.000 muluptwd 4, M aine Energy Reorganuatson Act o/1974 (42(2) by stnking "any ticense issued there, by a fractson whose numerator ($ the pnnetpal 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 S Jkers of the prisate corporanon. cutson issued thereunder". capital intestment and whose denominator is
} (e) RKitasucas To TWK COArCAATJON.-70l' the rum of the prtnetpa! amounts of ae old pay.
SEC <i. AMENDM.ENTS sacy Ac g>; 1D ntE A10bitCtoung the EN.pnvanannon date, au references in ment amou nts for aU old capttalinvestmcafJ. h We Atomic Energy Act of 1954 to the United ggy pggggggggygog _yggg ggg app 7pyag ny gg, i (a) RtetAL., (I) Chapters 22 through 2$ of the g A%t Envgy Act of 8534 (42 U.S.C. 22974297e. h *4 rtitated as of t!e pnvah.tation date States to be Enrichment refe*ences to the prtvate Corporotton corporation. shall be deemed 'statency utth this secnonSecretary
, the Administrator of the !>
4
% The table of contents of such Act is amend. SEC. 3181. AMENDMENTE sha!! determtne 10 0nMtheLA stelo ws.princspa! amounts g
d as of the pnvatkWn date by striking the (a) Dt!!N!rlon or GovsANutxT ContoAA under subsection (b) and the asstanment of (n. stierrvtg to rectnons repealed by Snnra. TM-As of the prtvattsanon date, section teresttubsection rates te the new pnncipal amounts under
* **M ft).
FM (c, 4 910l(3) of title 31. United States Code, is amend * . (3) OLD FA YhtKNT AMOWT3.-For the purposes
} ^%c Enngy Act of gg$4 g4:%ggNRC U.S.c, goggy,y secnon LICENSINC.-{ll 902(bl ef Pubhc law 102-436. Sutton liv. ofofthe this ed by sinking subsecnon, st bparagraph "old payment amounts" (N) as added by t W'It by sinking "or the cosistructton and tk) DtrtNmon or THE COAroAATION.-&cnon means. for an old capital investment, the an.
I watson of a kranrum ernehment facthry101811) of the Energy Pohey Act of 1992 (42 nual interest and pnnetpal that the Admnnis.
' Ato"uc Vapor Laser }.otope Separatton U.S.C. 2296b-7(1) ts amended by insertang "or its trator would have paid to the United States alegW". successor"before the pertod. Treasury ftorm October 1.1996, if this secnon e 4 had not been enacted, assumtng that-
{ 1
&{l4211.5 C. 2243) is amended by addsng y Me followtng-SUBCNarrin B ntA110N aton 19] of (A) the prtnetpa! torrethe repaut- Atomic gne,gy hAct of BE RE!!NAht2NG. (t) on the repayment date the Adnuntttrator
_ (a) DtrlNITIONS.-. astigned before October 1,1994, to the old cap. r tsalinvestment. or s f h
.{ H3936
~
- y (to scath re~;uct is on OM capital intestmentCONGRESSIONAL RECORD-HOUSE for which tre Abntnittsster has not eastened a 9EEC & CREDrtf TO Abs &BTRATDr8 P.ZPAY.April 25,1996 men ,
he A umVT to tus VNtis.D ETAtss CHAP 7gg g Letrator sha! $ "Se long as the ou euptal innstment in accordance wtik A nutrator makes annual FOREIGNOPERATIONS EXPORT paragraph 10(d)(1) of the eersten of Department MFments
#G'****' t, to the tribes under the settlement flNAN INO, AND RELATEb PROGRAMg of Energy J.1994; andOrder RA flJoJ In effect on Cktober the Administrator shall apply EXPoAT AND INVt3TwoT A3stsf4ws spalast amounts othewue payable by the Ad.
(B) Interest torre paid ministrator to ne United Sta'.es heasury a Ezrons.lMPoATgg.,3,3, ,fp3o,g BMK 7,g, of TN3 UNITE (1) at the interest rate the Administrator as, credst that reduces the Abntnistrator's paynent, signed before Ocuber I,IM, to the old capital in the amount and for each /Lseal year as fol. intxtmom tevestment. or tows: 315M0,000 in JUcul year iM; 8tqMcA00 in ftscal year 1998; $17.250,000 in );xel year thu heading, $42,000,000 are reacta (st) 1csh tespect to an eM capital intestment for which the Administrator has not asr4ned 1999; $17,640,000 an 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 termined ty the Secretary of me Treasury, tak. ,, DEPARTMEh7OFTHElhTERIOR RELATED AGENCIES AND Mg into consderation petaUteg faarket ytetds, (t) CoATAACT Paorarons. 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 the United States unth per1ods to matunty enm.on outsMadang Policy and Conservatwn interest.beartne Act (42ofUm obhpattons e case the Secteta9 of Energy shan draw down an)d parable to the the /Lscal year and 84pertad between trpayment the beginning of stans spedlying that sen date for (Ae afterin /bcal year 19 5, 3 27,000,000 Septmay be, shan offer unorthto of amend to old ccptalin oestment. ember J0,1996-jga,ug Strategte gggg, Petroleum Reserse oil frorn the weeks
* (I) theonAdmhtstrator charges the basis that- shad estabitsh rates and Jc) JNTrnLTT RA TE POh NCw PalNCEPAL AMol>Tsn CNgTEE A (A) the prtsctpal amount of an old cap (ta! w.
As of October 1,19%, the unpatd balance on westment shan be no greater man the newDEPARTMEh73 prtn. 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 terest annua:!y at the Treasury rate for ne old balance of the new prtnetpal amount of an oWDEPARTMEh7 ggaOF yjcggHEALTH AND HUMAN capttal inMstment untnl the earher of the dJte capstat inoestment shan be no greater than the that the new pr1nenpal asnount $s repaid or the interest rate e3tabluhed hadfr rubsecftM (c); ### # ##"" # E"WE# repayment date for the new princtNJ amount, (Ch any payment of petncipol of an old capital 104 OPPOntcNITitt AND A42tc 3rl413
.i- (d) REPA runt D A TEs.- tsoestment shall reduce the outstanding pets. insx11ston; As of October 1,19M. the repayment date for ctpal balance of the old capttal investment tn the papsent at (Ae time theOf theingfkads made avouable under therethis head the new principal amount establuhed for on old , capital inwstment under subsectton (b) is no mest ne amount ofand is teru'aret pay. elsewhere in thts Act, is resen eather than the repayment date for the old cop- (D) any payment of hierest on the unpold amount equaJ to the total of the funds within italinmtment assumed in subsecuan (bx2XA), balance of the new prtncipal amount of an old each State's fontyttson for fbcal year 1996 that are not nemsary to pay sud Sute's onwie to capntalinnstment shan be a credit agaiut the clauns for such fLacal year, 1 1996 through 8FP PPr1888 I488'838 G cow 98 I4 848 e j, September 2, 2001, the total new "pnnetml th8 Myment af the 81me 8A8 MFme#I 18 8en-amounts of old capital inwstments, as estab- dered.' k38 of (aJ amenJed by Pub!w law 10MtJ) ' lashed under subsection (6), that the Admints. (21sportfrom charges utessary to remy the by addtag: " reduced by an amount equal to the da s new ptactpal armount of an old capital taust. limitation total of Rose funds that are within each State's - nt ce $1 M M
for /bcol year IPM.that are not nee. g a p g wa s g,e m p (f)lATEREST Rafts ton Nrw CANTAL MtxTS DcAING ConsTavCTroNn lxTss7 p y the interest on the principal amunt under such Asd bsection (c), no amunt my be charged for such year shan be deemed to be (I) NEw CAPITA 4 lxvisTutNT.-The pnncipal 31,000.000M amount of a new capitalinvestment includes in. 2858 stunMtoMt Mfum c United88 84 StatesM Treasum as repak' for tre purpose of gege,msngng ghe amoung terest h each fLscaJ year of construction of the 88M8tm the payment under subsectnen (l) to which each related protect, facshty, or separable unit or fea* '""gfj" ,"f, , ' fy, j"'8MI. **' State is entitledM = ture at "a rate equal to the one year rats for the (y amunts prnuted unda DEPARTMENT OF EDUCATION ' n nM of on$tn"cNeEp*cbin res that were mad, tide 31, United States Code, shanSTUDKWT be condable HNUCIAL to ASSIMNCE from th date construction commenced through my, and shan 6e ne sole sarce le gyment of. Notwithstandtag any other pronsion of this the end of the ftscal yeur, and (B) accrued interest durtng constructton. a isMtorludgmenta the Unitedagainst States oronsettlement a claim for aby the Admn. in Title I of this Act un tu. (2) PhTMUT.-The Admintstrator is notthis breach re.tart;ofand the contract pmrtsions requsred by bydent hnanctal Assutancf m henh nduced SM,44SM. quired to pas, dunna construction of the project. factitty, or separable unit or feature, theP8FC W the contract presctrians spe#ed in thse de **** CHAPTERS Interest calculated, navued and capitahsed under subsectwn (f#1). (A) pnclude the Aentnistrator MILITARY CONSTRUCTION (JJ Ows TIAA nATE.-Tor the purmses of this 840, through ratesany or other tax thatmeans,/nm ncovo. NMN section "One-year rate"for a fiscal } ear means URlledis genemny States, or tmpsed on electrie utQtttes in the Of the funds prortded in Pubnc Law INat, a rate determtned by the Secretam of the Treas. . the Muitory Construction Approprtatsons Act, ury, taksng into consideratnen prevailtng market (B) affect the Administmtor's authority under 1996. the followtng funds are hereby vertsded Wields, during the month preceding the begin. applicable law, tactudnns section 14g) of the Pa. from the follotetng accounts k the spectAed atng of the fLscal year, on outstandsng interest. cific Nor:hwest Electric Pour Planntng and amounts: beanna ob!!gattans of the United States actth Conservation Act (16 U.SA 839eig)), to.~ . Muttary Construction, Army, $65.030; 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 ratesand utNTs.- or Muttary Construction, Air Force $6,335,000; resources. or (it) design mies. Muitary Construction, The unsLi balance on the prucipal amount Ill,343M. Deferue-wide, sf a new capstal hressment bears interest at the (1)SA VING3 PhoYm0NL~ Traurury rate for the nete capital investment(1) REPATMENT.-This cubchapter does not af. CHAPTERC from the date the related proicct, facihty, of feet the obligation of the Administrator to repay separable unit or feature is placed m service the prinefpal a*sociated with each capital in. DEPARTMENT OFDEFENSE-MILITAR Y tuttl the eather of the date the new capital h. oestment, and to pay uterest 01: the pnncipal, PROCUREMENT ) usonent nete capital repaid 09 the repayment date for the only from the "AbninLstrator's net proceeds.". Mml12 Paoct sturAT, AIn Foner istnvesonent. as deltned Riur in section n of ti.e Federal Columbia tnzscisstony th) CasoITs to ADutstsTnATon's RKrarugwr Transmission System Act (IS U.S.C. 10 THE UMrTED STATES Tn2ASCRT ~ 838k(b)). ~ Of the funds made avauable under this head. gng gn rustse gaw IcS423, ulo, cop. coo are re.
' asnded.
The Confederated Trske of the Colgt!!o pee; (2) PATMENT Cr CAMTAL IWisTWENT.-Etttpt (Public Law No.10M16; 208 Stat. UTi)ersatton Grand Coulee Dam is not affect the authonty of the Administrator to Settlement OMn PnMawzNT. Act as prostded in s Ala foncs
. amended by sinktng seceton 6 and Mserting the pay all or a portnen of the pnncipal amount av f;1!otstag; IR*W'0W sociated ictth a capitalintestment before the re- Of he funds made available under this head.
payment datefor the principalamount. ing in Pubhc Law 10J433. L%$,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 t, 6 inserting the following: " subsection. With respect to the 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
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/**RO1 aOSEC 301-564*3210 1C96 37-31 q 08629 C27 P . 0 3./ .33 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 Thr ift 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 15 or FERS pursuant to paragraph (1).". l q , e
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