SECTION 204 AND TITLES III AND IV OF THE DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 1996
U.S. ENRICHMENT CORP. PRIVITAZATION ACT
Public Law 104–134, as amended
SECTION 204 AND TITLES III AND IV OF THE DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 1996
134
118–62
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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USEC Privatization Act
Omnibus Consolidated Rescissions and Appropriations Act of 1996
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996
Department of Justice Appropriations Act, 1996
Department of Commerce and Related Agencies Appropriation Act, 1996
Judiciary Appropriations Act, 1996
Department of State and Related Agencies Appropriations Act, 1996
Department of the Interior and Related Agencies Appropriations Act, 1996
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996
Department of Labor Appropriations Act, 1996
Department of Health and Human Services Appropriations Act, 1996
Department of Education Appropriations Act, 1996
Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996
District of Columbia School Reform Act of 1995
10710
104
1996-04-26
SECTION 204 AND TITLES III AND IV OF THE DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 1996
[Public Law 104–134]
[As Amended Through P.L. 118–62, Enacted May 13, 2024]
[Currency: This publication is a compilation of the text of Public Law 104–134. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
* * * * * * *

public housing/section 8 moving to work demonstration
Sec. 204.
[42 U.S.C. 1437f note]
(a)

Purpose.—
The purpose of this demonstration is to give public housing agencies and the Secretary of Housing and Urban Development the flexibility to design and test various approaches for providing and administering housing assistance that: reduce cost and achieve greater cost effectiveness in Federal expenditures; give incentives to families with children where the head of household is working, seeking work, or is preparing for work by participating in job training, educational programs, or programs that assist people to obtain employment and become economically self-sufficient; and increase housing choices for low-income families.
(b)

Program Authority.—
The Secretary of Housing and Urban Development shall conduct a demonstration program under this section beginning in fiscal year 1996 under which up to 30 public housing agencies (including Indian housing authorities) administering the public or Indian housing program and the section 8 housing assistance payments program may be selected by the Secretary to participate. The Secretary shall provide training and technical assistance during the demonstration and conduct detailed evaluations of up to 15 such agencies in an effort to identify replicable program models promoting the purpose of the demonstration. Under the demonstration, notwithstanding any provision of the United States Housing Act of 1937 except as provided in subsection (e), an agency may combine operating assistance provided under section 9 of the United States Housing Act of 1937, modernization assistance provided under section 14 of such Act, and assistance provided under section 8 of such Act for the certificate and voucher programs, to provide housing assistance for low-income families, as defined in section 3(b)(2) of the United States Housing Act of 1937, and services to facilitate the transition to work on such terms and conditions as the agency may propose and the Secretary may approve.
(c)

Application.—
An application to participate in the demonstration—
(1)
shall request authority to combine assistance under sections 8, 9, and 14 of the United States Housing Act of 1937;
(2)
shall be submitted only after the public housing agency provides for citizen participation through a public hearing and, if appropriate, other means;
(3)
shall include a plan developed by the agency that takes into account comments from the public hearing and any other public comments on the proposed program, and comments from current and prospective residents who would be affected, and that includes criteria for—
(A)
families to be assisted, which shall require that at least 75 percent of the families assisted by participating demonstration public housing authorities shall be very low-income families, as defined in section 3(b)(2) of the United States Housing Act of 1937;
(B)
establishing a reasonable rent policy, which shall be designed to encourage employment and self-sufficiency by participating families, consistent with the purpose of this demonstration, such as by excluding some or all of a family's earned income for purposes of determining rent;
(C)
continuing to assist substantially the same total number of eligible low-income families as would have been served had the amounts not been combined;
(D)
maintaining a comparable mix of families (by family size) as would have been provided had the amounts not been used under the demonstration; and
(E)
assuring that housing assisted under the demonstration program meets housing quality standards established or approved by the Secretary; and
(4)
may request assistance for training and technical assistance to assist with design of the demonstration and to participate in a detailed evaluation.
(d)

Selection.—
In selecting among applications, the Secretary shall take into account the potential of each agency to plan and carry out a program under the demonstration, the relative performance by an agency under the public housing management assessment program under section 6(j) of the United States Housing Act of 1937, and other appropriate factors as determined by the Secretary.
(e)

Applicability of 1937 Act Provisions.—
(1)
Section 18 of the United States Housing Act of 1937 shall continue to apply to public housing notwithstanding any use of the housing under this demonstration.
(2)
Section 12 of such Act shall apply to housing assisted under the demonstration, other than housing assisted solely due to occupancy by families receiving tenant-based assistance.
(f)

Effect on Section 8, Operating Subsidies, and Comprehensive Grant Program Allocations.—
The amount of assistance received under section 8, section 9, or pursuant to section 14 by a public housing agency participating in the demonstration under this part shall not be diminished by its participation.
(g)

Records, Reports, and Audits.—
(1)

Keeping of records.—
Each agency shall keep such records as the Secretary may prescribe as reasonably necessary to disclose the amounts and the disposition of amounts under this demonstration, to ensure compliance with the requirements of this section, and to measure performance.
(2)

Reports.—
Each agency shall submit to the Secretary a report, or series of reports, in a form and at a time specified by the Secretary. Each report shall—
(A)
document the use of funds made available under this section;
(B)
provide such data as the Secretary may request to assist the Secretary in assessing the demonstration; and
(C)
describe and analyze the effect of assisted activities in addressing the objectives of this part.
(3)

Access to documents by the secretary.—
The Secretary shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to assistance in connection with, and the requirements of, this section.
(4)

Access to documents by the comptroller general.—
The Comptroller General of the United States, or any of the duly authorized representatives of the Comptroller General, shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to assistance in connection with, and the requirements of, this section.
(h)

Evaluation and Report.—
(1)

Consultation with pha and family representatives.—
In making assessments throughout the demonstration, the Secretary shall consult with representatives of public housing agencies and residents.
(2)

Report to congress.—
Not later than 180 days after the end of the third year of the demonstration, the Secretary shall submit to the Congress a report evaluating the programs carried out under the demonstration. The report shall also include findings and recommendations for any appropriate legislative action.
(i)

Funding for Technical Assistance and Evaluation.—
From amounts appropriated for assistance under section 14 of the United States Housing Act of 1937 for fiscal years 1996, 1997, and 1998, the Secretary may use up to a total of $5,000,000—
(1)
to provide, directly or by contract, training and technical assistance—
(A)
to public housing agencies that express an interest to apply for training and technical assistance pursuant to subsection (c)(4), to assist them in designing programs to be proposed for the demonstration; and
(B)
to up to 10 agencies selected to receive training and technical assistance pursuant to subsection (c)(4), to assist them in implementing the approved program; and
(2)
to conduct detailed evaluations of the activities of the public housing agencies under paragraph (1)(B), directly or by contract.
(j)

Capital and Operating Fund Assistance.—
With respect to any public housing agency participating in the demonstration under this section that receives assistance from the Capital or Operating Fund under section 9 of the United States Housing Act of 1937 (as amended by the Quality Housing and Work Responsibility Act of 1998), for purposes of this section—
(1)
any reference to assistance under section 9 of the United States Housing Act of 1937 shall be considered to refer also to assistance provided from the Operating Fund under section 9(e) of such Act (as so amended); and
(2)
any reference to assistance under section 14 of the United States Housing Act of 1937 shall be considered to refer also to assistance provided from the Capital Fund under section 9(d) of such Act (as so amended).
* * * * * * *
TITLE III—

RESCISSIONS AND OFFSETS
CHAPTER 1—

ENERGY AND WATER DEVELOPMENT
subchapter A—

United States Enrichment Corporation Privatization
SEC. 3101.
[42 U.S.C. 2011 note]

SHORT TITLE.
This subchapter may be cited as the “USEC Privatization Act”.
SEC. 3102.
[42 U.S.C. 2297h]

DEFINITIONS.
Except as provided in section 3112A, for purposes of this subchapter:
(1)
The term “AVLIS” means atomic vapor laser isotope separation technology.
(2)
The term “Corporation” means the United States Enrichment Corporation and, unless the context otherwise requires, includes the private corporation and any successor thereto following privatization.
(3)
The term “gaseous diffusion plants” means the Paducah Gaseous Diffusion Plant at Paducah, Kentucky and the Portsmouth Gaseous Diffusion Plant at Piketon, Ohio.
(4)
The term “highly enriched uranium” means uranium enriched to 20 percent or more of the uranium-235 isotope.
(5)
The term “low-enriched uranium” means uranium enriched to less than 20 percent of the uranium-235 isotope, including that which is derived from highly enriched uranium.
(6)
The term “low-level radioactive waste” has the meaning given such term in section 2(9) of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b(9)).
(7)
The term “private corporation” means the corporation established under section 3105.
(8)
The term “privatization” means the transfer of ownership of the Corporation to private investors.
(9)
The term “privatization date” means the date on which 100 percent of the ownership of the Corporation has been transferred to private investors.1
^1
The privatization date occurred on July 28, 1998.
(10)
The term “public offering” means an underwritten offering to the public of the common stock of the private corporation pursuant to section 3104.
(11)
The “Russian HEU Agreement” means the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons, dated February 18, 1993.
(12)
The term “Secretary” means the Secretary of Energy.
(13)
The “Suspension Agreement” means the Agreement to Suspend the Antidumping Investigation on Uranium from the Russian Federation, as amended.
(14)
The term “uranium enrichment” means the separation of uranium of a given isotopic content into 2 components, 1 having a higher percentage of a fissile isotope and 1 having a lower percentage.
SEC. 3103.
[42 U.S.C. 2297h–1]

SALE OF THE CORPORATION.
(a)

Authorization.—
The Board of Directors of the Corporation, with the approval of the Secretary of the Treasury, shall transfer the interest of the United States in the United States Enrichment Corporation to the private sector in a manner that provides for the long-term viability of the Corporation, provides for the continuation by the Corporation of the operation of the Department of Energy's gaseous diffusion plants, provides for the protection of the public interest in maintaining a reliable and economical domestic source of uranium mining, enrichment and conversion services, and, to the extent not inconsistent with such purposes, secures the maximum proceeds to the United States.
(b)

Proceeds.—
Proceeds from the sale of the United States' interest in the Corporation shall be deposited in the general fund of the Treasury.
SEC. 3104.
[42 U.S.C. 2297h–2]

METHOD OF SALE.
(a)

Authorization.—
The Board of Directors of the Corporation, with the approval of the Secretary of the Treasury, shall transfer ownership of the assets and obligations of the Corporation to the private corporation established under section 3105 (which may be consummated through a merger or consolidation effected in accordance with, and having the effects provided under, the law of the State of incorporation of the private corporation, as if the Corporation were incorporated thereunder).
(b)

Board Determination.—
The Board, with the approval of the Secretary of the Treasury, shall select the method of transfer and establish terms and conditions for the transfer that will provide the maximum proceeds to the Treasury of the United States and will provide for the long-term viability of the private corporation, the continued operation of the gaseous diffusion plants, and the public interest in maintaining reliable and economical domestic uranium mining and enrichment industries.
(c)

Adequate Proceeds.—
The Secretary of the Treasury shall not allow the privatization of the Corporation unless before the sale date the Secretary of the Treasury determines that the method of transfer will provide the maximum proceeds to the Treasury consistent with the principles set forth in section 3103(a).
(d)

Application of Securities Laws.—
Any offering or sale of securities by the private corporation shall be subject to the Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), and the provisions of the Constitution and laws of any State, territory, or possession of the United States relating to transactions in securities.
(e)

Expenses.—
Expenses of privatization shall be paid from Corporation revenue accounts in the United States Treasury.
SEC. 3105.
[42 U.S.C. 2297h–3]

ESTABLISHMENT OF PRIVATE CORPORATION.
(a)

Incorporation.—
(1)
The directors of the Corporation shall establish a private for-profit corporation under the laws of a State for the purpose of receiving the assets and obligations of the Corporation at privatization and continuing the business operations of the Corporation following privatization.
(2)
The directors of the Corporation may serve as incorporators of the private corporation and shall take all steps necessary to establish the private corporation, including the filing of articles of incorporation consistent with the provisions of this subchapter.
(3)
Employees and officers of the Corporation (including members of the Board of Directors) acting in accordance with this section on behalf of the private corporation shall be deemed to be acting in their official capacities as employees or officers of the Corporation for purposes of section 205 of title 18, United States Code.
(b)

Status of the Private Corporation.—
(1)
The private corporation shall not be an agency, instrumentality, or establishment of the United States, a Government corporation, or a Government-controlled corporation.
(2)
Except as otherwise provided by this subchapter, financial obligations of the private corporation shall not be obligations of, or guaranteed as to principal or interest by, the Corporation or the United States, and the obligations shall so plainly state.
(3)
No action under section 1491 of title 28, United States Code, shall be allowable against the United States based on actions of the private corporation.
(c)

Application of Post-Government Employment Restrictions.—
Beginning on the privatization date, the restrictions stated in section 207 (a), (b), (c), and (d) of title 18, United States Code, shall not apply to the acts of an individual done in carrying out official duties as a director, officer, or employee of the private corporation, if the individual was an officer or employee of the Corporation (including a director) continuously during the 45 days prior to the privatization date.
(d)

Dissolution.—
In the event that the privatization does not occur, the Corporation will provide for the dissolution of the private corporation within 1 year of the private corporation's incorporation unless the Secretary of the Treasury or his delegate, upon the Corporation's request, agrees to delay any such dissolution for an additional year.
SEC. 3106.
[42 U.S.C. 2297h–4]

TRANSFERS TO THE PRIVATE CORPORATION.
Concurrent with privatization, the Corporation shall transfer to the private corporation—
(1)
the lease of the gaseous diffusion plants in accordance with section 3107,
(2)
all personal property and inventories of the Corporation,
(3)
all contracts, agreements, and leases under section 3108(a),
(4)
the Corporation's right to purchase power from the Secretary under section 3108(b),
(5)
such funds in accounts of the Corporation held by the Treasury or on deposit with any bank or other financial institution as approved by the Secretary of the Treasury, and
(6)
all of the Corporation's records, including all of the papers and other documentary materials, regardless of physical form or characteristics, made or received by the Corporation.
SEC. 3107.
[42 U.S.C. 2297h–5]

LEASING OF GASEOUS DIFFUSION FACILITIES.
(a)

Transfer of Lease.—
Concurrent with privatization, the Corporation shall transfer to the private corporation the lease of the gaseous diffusion plants and related property for the remainder of the term of such lease in accordance with the terms of such lease.
(b)

Renewal.—
The private corporation shall have the exclusive option to lease the gaseous diffusion plants and related property for additional periods following the expiration of the initial term of the lease.
(c)

Exclusion of Facilities for Production of Highly Enriched Uranium.—
The Secretary shall not lease to the private corporation any facilities necessary for the production of highly enriched uranium but may, subject to the requirements of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), grant the Corporation access to such facilities for purposes other than the production of highly enriched uranium.
(d)

DOE Responsibility for Preexisting Conditions.—
The payment of any costs of decontamination and decommissioning, response actions, or corrective actions with respect to conditions existing before July 1, 1993, at the gaseous diffusion plants shall remain the sole responsibility of the Secretary.
(e)

Environmental Audit.—
For purposes of subsection (d), the conditions existing before July 1, 1993, at the gaseous diffusion plants shall be determined from the environmental audit conducted pursuant to section 1403(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2297c–2(e)).
(f)

Treatment Under Price-Anderson Provisions.—
Any lease executed between the Secretary and the Corporation or the private corporation, and any extension or renewal thereof, under this section shall be deemed to be a contract for purposes of section 170d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)).
(g)

Waiver of EIS Requirement.—
The execution or transfer of the lease between the Secretary and the Corporation or the private corporation, and any extension or renewal thereof, shall not be considered to be a major Federal action significantly affecting the quality of the human environment for purposes of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(h)

Maintenance of Security.—
(1)

In general.—
With respect to the Paducah Gaseous Diffusion Plant, Kentucky, and the Portsmouth Gaseous Diffusion Plant, Ohio, the guidelines relating to the authority of the Department of Energy's contractors (including any Federal agency, or private entity operating a gaseous diffusion plant under a contract or lease with the Department of Energy) and any subcontractor (at any tier) to carry firearms and make arrests in providing security at Federal installations, issued under section 161k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201k.) shall require, at a minimum, the presence of all security police officers carrying sidearms at all times to ensure maintenance of security at the gaseous diffusion plants (whether a gaseous diffusion plant is operated directly by a Federal agency or by a private entity under a contract or lease with a Federal agency).
(2)

Funding.—
(A)
The costs of arming and providing arrest authority to the security police officers required under paragraph (1) shall be paid as follows:
(i)
the Department of Energy (the “Department”) shall pay the percentage of the costs equal to the percentage of the total number of employees at the gaseous diffusion plant who are: (I) employees of the Department or the contractor or subcontractors of the Department; or (II) employees of the private entity leasing the gaseous diffusion plant who perform work on behalf of the Department (including employees of a contractor or subcontractor of the private entity); and
(ii)
the private entity leasing the gaseous diffusion plant shall pay the percentage of the costs equal to the percentage of the total number of employees at the gaseous diffusion plant who are employees of the private entity (including employees of a contractor or subcontractor) other than those employees who perform work for the Department.
(B)
Neither the private entity leasing the gaseous diffusion plant nor the Department shall reduce its payments under any contract or lease or take other action to offset its share of the costs referred to in subparagraph (A), and the Department shall not reimburse the private entity for the entity's share of these costs.
(C)
Nothing in this subsection shall alter the Department's responsibilities to pay the safety, safeguards and security costs associated with the Department's highly enriched uranium activities.
SEC. 3108.
[42 U.S.C. 2297h–6]

TRANSFER OF CONTRACTS.
(a)

Transfer of Contracts.—
Concurrent with privatization, the Corporation shall transfer to the private corporation all contracts, agreements, and leases, including all uranium enrichment contracts, that were—
(1)
transferred by the Secretary to the Corporation pursuant to section 1401(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2297c(b)), or
(2)
entered into by the Corporation before the privatization date.
(b)

Nontransferable Power Contracts.—
The Corporation shall transfer to the private corporation the right to purchase power from the Secretary under the power purchase contracts for the gaseous diffusion plants executed by the Secretary before July 1, 1993. The Secretary shall continue to receive power for the gaseous diffusion plants under such contracts and shall continue to resell such power to the private corporation at cost during the term of such contracts.
(c)

Effect of Transfer.—
(1)
Notwithstanding subsection (a), the United States shall remain obligated to the parties to the contracts, agreements, and leases transferred under subsection (a) for the performance of its obligations under such contracts, agreements, or leases during their terms. Performance of such obligations by the private corporation shall be considered performance by the United States.
(2)
If a contract, agreement, or lease transferred under subsection (a) is terminated, extended, or materially amended after the privatization date—
(A)
the private corporation shall be responsible for any obligation arising under such contract, agreement, or lease after any extension or material amendment, and
(B)
the United States shall be responsible for any obligation arising under the contract, agreement, or lease before the termination, extension, or material amendment.
(3)
The private corporation shall reimburse the United States for any amount paid by the United States under a settlement agreement entered into with the consent of the private corporation or under a judgment, if the settlement or judgment—
(A)
arises out of an obligation under a contract, agreement, or lease transferred under subsection (a), and
(B)
arises out of actions of the private corporation between the privatization date and the date of a termination, extension, or material amendment of such contract, agreement, or lease.
(d)

Pricing.—
The Corporation may establish prices for its products, materials, and services provided to customers on a basis that will allow it to attain the normal business objectives of a profit making corporation.
SEC. 3109.
[42 U.S.C. 2297h–7]

LIABILITIES.
(a)

Liability of the United States.—
(1)
Except as otherwise provided in this subchapter, all liabilities arising out of the operation of the uranium enrichment enterprise before July 1, 1993, shall remain the direct liabilities of the Secretary.
(2)
Except as provided in subsection (a)(3) or otherwise provided in a memorandum of agreement entered into by the Corporation and the Office of Management and Budget prior to the privatization date, all liabilities arising out of the operation of the Corporation between July 1, 1993, and the privatization date shall remain the direct liabilities of the United States.
(3)
All liabilities arising out of the disposal of depleted uranium generated by the Corporation between July 1, 1993, and the privatization date shall become the direct liabilities of the Secretary.
(4)
Any stated or implied consent for the United States, or any agent or officer of the United States, to be sued by any person for any legal, equitable, or other relief with respect to any claim arising from any action taken by any agent or officer of the United States in connection with the privatization of the Corporation is hereby withdrawn.
(5)
To the extent that any claim against the United States under this section is of the type otherwise required by Federal statute or regulation to be presented to a Federal agency or official for adjudication or review, such claim shall be presented to the Department of Energy in accordance with procedures to be established by the Secretary. Nothing in this paragraph shall be construed to impose on the Department of Energy liability to pay any claim presented pursuant to this paragraph.
(6)
The Attorney General shall represent the United States in any action seeking to impose liability under this subsection.
(b)

Liability of the Corporation.—
Notwithstanding any provision of any agreement to which the Corporation is a party, the Corporation shall not be considered in breach, default, or violation of any agreement because of the transfer of such agreement to the private corporation under section 3108 or any other action the Corporation is required to take under this subchapter.
(c)

Liability of the Private Corporation.—
Except as provided in this subchapter, the private corporation shall be liable for any liabilities arising out of its operations after the privatization date.
(d)

Liability of Officers and Directors.—
(1)
No officer, director, employee, or agent of the Corporation shall be liable in any civil proceeding to any party in connection with any action taken in connection with the privatization if, with respect to the subject matter of the action, suit, or proceeding, such person was acting within the scope of his employment.
(2)
This subsection shall not apply to claims arising under the Securities Act of 1933 (15 U.S.C. 77a. et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a. et seq.), or under the Constitution or laws of any State, territory, or possession of the United States relating to transactions in securities.
SEC. 3110.
[42 U.S.C. 2297h–8]

EMPLOYEE PROTECTIONS.
(a)

Contractor Employees.—
(1)
Privatization shall not diminish the accrued, vested pension benefits of employees of the Corporation's operating contractor at the two gaseous diffusion plants.
(2)
In the event that the private corporation terminates or changes the contractor at either or both of the gaseous diffusion plants, the plan sponsor or other appropriate fiduciary of the pension plan covering employees of the prior operating contractor shall arrange for the transfer of all plan assets and liabilities relating to accrued pension benefits of such plan's participants and beneficiaries from such plant to a pension plan sponsored by the new contractor or the private corporation or a joint labor-management plan, as the case may be.
(3)
In addition to any obligations arising under the National Labor Relations Act (29 U.S.C. 151 et seq.), any employer (including the private corporation if it operates a gaseous diffusion plant without a contractor or any contractor of the private corporation) at a gaseous diffusion plant shall—
(A)
abide by the terms of any unexpired collective bargaining agreement covering employees in bargaining units at the plant and in effect on the privatization date until the stated expiration or termination date of the agreement; or
(B)
in the event a collective bargaining agreement is not in effect upon the privatization date, have the same bargaining obligations under section 8(d) of the National Labor Relations Act (29 U.S.C. 158(d)) as it had immediately before the privatization date.
(4)
If the private corporation replaces its operating contractor at a gaseous diffusion plant, the new employer (including the new contractor or the private corporation if it operates a gaseous diffusion plant without a contractor) shall—
(A)
offer employment to non-management employees of the predecessor contractor to the extent that their jobs still exist or they are qualified for new jobs, and
(B)
abide by the terms of the predecessor contractor's collective bargaining agreement until the agreement expires or a new agreement is signed.
(5)
In the event of a plant closing or mass layoff (as such terms are defined in section 2101(a) (2) and (3) of title 29, United States Code) at either of the gaseous diffusion plants, the Secretary of Energy shall treat any adversely affected employee of an operating contractor at either plant who was an employee at such plant on July 1, 1993, as a Department of Energy employee for purposes of sections 3161 and 3162 of the National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h–7274i).
(6)
(A)
The Secretary and the private corporation shall cause the post-retirement health benefits plan provider (or its successor) to continue to provide benefits for eligible persons, as described under subparagraph (B), employed by an operating contractor at either of the gaseous diffusion plants in an economically efficient manner and at substantially the same level of coverage as eligible retirees are entitled to receive on the privatization date.
(B)
Persons eligible for coverage under subparagraph (A) shall be limited to:
(i)
persons who retired from active employment at one of the gaseous diffusion plants on or before the privatization date as vested participants in a pension plan maintained either by the Corporation's operating contractor or by a contractor employed prior to July 1, 1993, by the Department of Energy to operate a gaseous diffusion plant; and
(ii)
persons who are employed by the Corporation's operating contractor on or before the privatization date and are vested participants in a pension plan maintained either by the Corporation's operating contractor or by a contractor employed prior to July 1, 1993, by the Department of Energy to operate a gaseous diffusion plant.
(C)
The Secretary shall fund the entire cost of post-retirement health benefits for persons who retired from employment with an operating contractor prior to July 1, 1993.
(D)
The Secretary and the Corporation shall fund the cost of post-retirement health benefits for persons who retire from employment with an operating contractor on or after July 1, 1993, in proportion to the retired person's years and months of service at a gaseous diffusion plant under their respective management.
(7)
(A)
Any suit under this subsection alleging a violation of an agreement between an employer and a labor organization shall be brought in accordance with section 301 of the Labor Management Relations Act (29 U.S.C. 185).
(B)
Any charge under this subsection alleging an unfair labor practice violative of section 8 of the National Labor Relations Act (29 U.S.C. 158) shall be pursued in accordance with section 10 of the National Labor Relations Act (29 U.S.C. 160).
(C)
Any suit alleging a violation of any provision of this subsection, to the extent it does not allege a violation of the National Labor Relations Act, may be brought in any district court of the United States having jurisdiction over the parties, without regard to the amount in controversy or the citizenship of the parties.
(8)

Continuity of benefits.—
To the extent appropriations are provided in advance for this purpose or are otherwise available, not later than 30 days after the date of enactment of this paragraph, the Secretary shall implement such actions as are necessary to ensure that any employee who—
(A)
is involved in providing infrastructure or environmental remediation services at the Portsmouth, Ohio, or the Paducah, Kentucky, Gaseous Diffusion Plant;
(B)
has been an employee of the Department of Energy's predecessor management and integrating contractor (or its first or second tier subcontractors), or of the Corporation, at the Portsmouth, Ohio, or the Paducah, Kentucky, facility; and
(C)
was eligible as of April 1, 2005, to participate in or transfer into the Multiple Employer Pension Plan or the associated multiple employer retiree health care benefit plans, as defined in those plans,
shall continue to be eligible to participate in or transfer into such pension or health care benefit plans.
(b)

Former Federal Employees.—
(1)
(A)
An employee of the Corporation that was subject to either the Civil Service Retirement System (referred to in this section as “CSRS”) or the Federal Employees' Retirement System (referred to in this section as “FERS”) on the day immediately preceding the privatization date shall elect—
(i)
to retain the employee's coverage under either CSRS or FERS, as applicable, in lieu of coverage by the Corporation's retirement system, or
(ii)
to receive a deferred annuity or lump-sum benefit payable to a terminated employee under CSRS or FERS, as applicable.
(B)
An employee that makes the election under subparagraph (A)(ii) shall have the option to transfer the balance in the employee's Thrift Savings Plan account to a defined contribution plan under the Corporation's retirement system, consistent with applicable law and the terms of the Corporation's defined contribution plan.
(2)
The Corporation shall pay to the Civil Service Retirement and Disability Fund—
(A)
such employee deductions and agency contributions as are required by sections 8334, 8422, and 8423 of title 5, United States Code, for those employees who elect to retain their coverage under either CSRS or FERS pursuant to paragraph (1);
(B)
such additional agency contributions as are determined necessary by the Office of Personnel Management to pay, in combination with the sums under subparagraph (A), the “normal cost” (determined using dynamic assumptions) of retirement benefits for those employees who elect to retain their coverage under CSRS pursuant to paragraph (1), with the concept of “normal cost” being used consistent with generally accepted actuarial standards and principles; and
(C)
such additional amounts, not to exceed two percent of the amounts under subparagraphs (A) and (B), as are determined necessary by the Office of Personnel Management to pay the cost of administering retirement benefits for employees who retire from the Corporation after the privatization date under either CSRS or FERS, for their survivors, and for survivors of employees of the Corporation who die after the privatization date (which amounts shall be available to the Office of Personnel Management as provided in section 8348(a)(1)(B) of title 5, United States Code).
(3)
The Corporation shall pay to the Thrift Savings Fund such employee and agency contributions as are required by section 8432 of title 5, United States Code, for those employees who elect to retain their coverage under FERS pursuant to paragraph (1).
(4)
Any employee of the Corporation who was subject to the Federal Employee Health Benefits Program (referred to in this section as “FEHBP”) on the day immediately preceding the privatization date and who elects to retain coverage under either CSRS or FERS pursuant to paragraph (1) shall have the option to receive health benefits from a health benefit plan established by the Corporation or to continue without interruption coverage under the FEHBP, in lieu of coverage by the Corporation's health benefit system.
(5)
The Corporation shall pay to the Employees Health Benefits Fund—
(A)
such employee deductions and agency contributions as are required by section 8906 (a)–(f) of title 5, United States Code, for those employees who elect to retain their coverage under FEHBP pursuant to paragraph (4); and
(B)
such amounts as are determined necessary by the Office of Personnel Management under paragraph (6) to reimburse the Office of Personnel Management for contributions under section 8906(g)(1) of title 5, United States Code, for those employees who elect to retain their coverage under FEHBP pursuant to paragraph (4).
(6)
The amounts required under paragraph (5)(B) shall pay the Government contributions for retired employees who retire from the Corporation after the privatization date under either CSRS or FERS, for survivors of such retired employees, and for survivors of employees of the Corporation who die after the privatization date, with said amounts prorated to reflect only that portion of the total service of such employees and retired persons that was performed for the Corporation after the privatization date.
SEC. 3111.
[42 U.S.C. 2297h–9]

OWNERSHIP LIMITATIONS.
(a)

Securities Limitations.—
No director, officer, or employee of the Corporation may acquire any securities, or any rights to acquire any securities of the private corporation on terms more favorable than those offered to the general public—
(1)
in a public offering designed to transfer ownership of the Corporation to private investors,
(2)
pursuant to any agreement, arrangement, or understanding entered into before the privatization date, or
(3)
before the election of the directors of the private corporation.
(b)

Ownership Limitation.—
Immediately following the consummation of the transaction or series of transactions pursuant to which 100 percent of the ownership of the Corporation is transferred to private investors, and for a period of three years thereafter, no person may acquire, directly or indirectly, beneficial ownership of securities representing more than 10 percent of the total votes of all outstanding voting securities of the Corporation. The foregoing limitation shall not apply to—
(1)
any employee stock ownership plan of the Corporation,
(2)
members of the underwriting syndicate purchasing shares in stabilization transactions in connection with the privatization, or
(3)
in the case of shares beneficially held in the ordinary course of business for others, any commercial bank, broker-dealer, or clearing agency.
SEC. 3112.
[42 U.S.C. 2297h–10]

URANIUM TRANSFERS AND SALES.
(a)

Transfers and Sales by the Secretary.—
The Secretary shall not provide enrichment services or transfer or sell any uranium (including natural uranium concentrates, natural uranium hexafluoride, or enriched uranium in any form) to any person except as consistent with this section.
(b)

Russian HEU.—
(1)
On or before December 31, 1996, the United States Executive Agent under the Russian HEU Agreement shall transfer to the Secretary without charge title to an amount of uranium hexafluoride equivalent to the natural uranium component of low-enriched uranium derived from at least 18 metric tons of highly enriched uranium purchased from the Russian Executive Agent under the Russian HEU Agreement. The quantity of such uranium hexafluoride delivered to the Secretary shall be based on a tails assay of 0.30 U^{235}. Uranium hexafluoride transferred to the Secretary pursuant to this paragraph shall be deemed under United States law for all purposes to be of Russian origin.
(2)
Within 7 years of the date of enactment of this Act, the Secretary shall sell, and receive payment for, the uranium hexafluoride transferred to the Secretary pursuant to paragraph (1). Such uranium hexafluoride shall be sold—
(A)
at any time for use in the United States for the purpose of overfeeding;
(B)
at any time for end use outside the United States;
(C)
in 1995 and 1996 to the Russian Executive Agent at the purchase price for use in matched sales pursuant to the Suspension Agreement; or,
(D)
in calendar year 2001 for consumption by end users in the United States not prior to January 1, 2002, in volumes not to exceed 3,000,000 pounds U_3O_8 equivalent per year.
(3)
With respect to all enriched uranium delivered to the United States Executive Agent under the Russian HEU Agreement on or after January 1, 1997, the United States Executive Agent shall, upon request of the Russian Executive Agent, enter into an agreement to deliver concurrently to the Russian Executive Agent an amount of uranium hexafluoride equivalent to the natural uranium component of such uranium. An agreement executed pursuant to a request of the Russian Executive Agent, as contemplated in this paragraph, may pertain to any deliveries due during any period remaining under the Russian HEU Agreement. The quantity of such uranium hexafluoride delivered to the Russian Executive Agent shall be based on a tails assay of 0.30 U^{235}. Title to uranium hexafluoride delivered to the Russian Executive Agent pursuant to this paragraph shall transfer to the Russian Executive Agent upon delivery of such material to the Russian Executive Agent, with such delivery to take place at a North American facility designated by the Russian Executive Agent. Uranium hexafluoride delivered to the Russian Executive Agent pursuant to this paragraph shall be deemed under U.S. law for all purposes to be of Russian origin. Such uranium hexafluoride may be sold to any person or entity for delivery and use in the United States only as permitted in subsections (b)(5), (b)(6) and (b)(7) of this section.
(4)
In the event that the Russian Executive Agent does not exercise its right to enter into an agreement to take delivery of the natural uranium component of any low-enriched uranium, as contemplated in paragraph (3), within 90 days of the date such low-enriched uranium is delivered to the United States Executive Agent, or upon request of the Russian Executive Agent, then the United States Executive Agent shall engage an independent entity through a competitive selection process to auction an amount of uranium hexafluoride or U_3O_8 (in the event that the conversion component of such hexafluoride has previously been sold) equivalent to the natural uranium component of such low-enriched uranium. An agreement executed pursuant to a request of the Russian Executive Agent, as contemplated in this paragraph, may pertain to any deliveries due during any period remaining under the Russian HEU Agreement. Such independent entity shall sell such uranium hexafluoride in one or more lots to any person or entity to maximize the proceeds from such sales, for disposition consistent with the limitations set forth in this subsection. The independent entity shall pay to the Russian Executive Agent the proceeds of any such auction less all reasonable transaction and other administrative costs. The quantity of such uranium hexafluoride auctioned shall be based on a tails assay of 0.30 U^{235}. Title to uranium hexafluoride auctioned pursuant to this paragraph shall transfer to the buyer of such material upon delivery of such material to the buyer. Uranium hexafluoride auctioned pursuant to this paragraph shall be deemed under United States law for all purposes to be of Russian origin.
(5)
Except as provided in paragraphs (6) and (7), uranium hexafluoride delivered to the Russian Executive Agent under paragraph (3) or auctioned pursuant to paragraph (4), may not be delivered for consumption by end users in the United States either directly or indirectly prior to January 1, 1998, and thereafter only in accordance with the following schedule:
Annual Maximum Deliveries to End Users
(millions lbs. U_3O_8 equivalent)
Year:
1998 | 2
1999 | 4
2000 | 6
2001 | 8
2002 | 10
2003 | 12
2004 | 14
2005 | 16
2006 | 17
2007 | 18
2008 | 19
2009 and each year thereafter | 20.
(6)
Uranium hexafluoride delivered to the Russian Executive Agent under paragraph (3) or auctioned pursuant to paragraph (4) may be sold at any time as Russian-origin natural uranium in a matched sale pursuant to the Suspension Agreement, and in such case shall not be counted against the annual maximum deliveries set forth in paragraph (5).
(7)
Uranium hexafluoride delivered to the Russian Executive Agent under paragraph (3) or auctioned pursuant to paragraph (4) may be sold at any time for use in the United States for the purpose of overfeeding in the operations of enrichment facilities.
(8)
Nothing in this subsection (b) shall restrict the sale of the conversion component of such uranium hexafluoride.
(9)
The Secretary of Commerce shall have responsibility for the administration and enforcement of the limitations set forth in this subsection. The Secretary of Commerce may require any person to provide any certifications, information, or take any action that may be necessary to enforce these limitations. The United States Customs Service shall maintain and provide any information required by the Secretary of Commerce and shall take any action requested by the Secretary of Commerce which is necessary for the administration and enforcement of the uranium delivery limitations set forth in this section.
(10)
The President shall monitor the actions of the United States Executive Agent under the Russian HEU Agreement and shall report to the Congress not later than December 31 of each year on the effect the low-enriched uranium delivered under the Russian HEU Agreement is having on the domestic uranium mining, conversion, and enrichment industries, and the operation of the gaseous diffusion plants. Such report shall include a description of actions taken or proposed to be taken by the President to prevent or mitigate any material adverse impact on such industries or any loss of employment at the gaseous diffusion plants as a result of the Russian HEU Agreement.
(c)

Transfers to the Corporation.—
(1)
The Secretary shall transfer to the Corporation without charge up to 50 metric tons of enriched uranium and up to 7,000 metric tons of natural uranium from the Department of Energy's stockpile, subject to the restrictions in subsection (c)(2).
(2)
The Corporation shall not deliver for commercial end use in the United States—
(A)
any of the uranium transferred under this subsection before January 1, 1998;
(B)
more than 10 percent of the uranium (by uranium hexafluoride equivalent content) transferred under this subsection or more than 4,000,000 pounds, whichever is less, in any calendar year after 1997; or
(C)
more than 800,000 separative work units contained in low-enriched uranium transferred under this subsection in any calendar year.
(d)

Inventory Sales.—
(1)
In addition to the transfers authorized under subsections (c) and (e), the Secretary may, from time to time, sell natural and low-enriched uranium (including low-enriched uranium derived from highly enriched uranium) from the Department of Energy's stockpile.
(2)
Except as provided in subsections (b), (c), and (e), no sale or transfer of natural or low-enriched uranium shall be made unless—
(A)
the President determines that the material is not necessary for national security needs,
(B)
the Secretary determines that the sale of the material will not have an adverse material impact on the domestic uranium mining, conversion, or enrichment industry, taking into account the sales of uranium under the Russian HEU Agreement and the Suspension Agreement, and
(C)
the price paid to the Secretary will not be less than the fair market value of the material.
(e)

Government Transfers.—
Notwithstanding subsection (d)(2), the Secretary may transfer or sell enriched uranium—
(1)
to a Federal agency if the material is transferred for the use of the receiving agency without any resale or transfer to another entity and the material does not meet commercial specifications;
(2)
to any person for national security purposes, as determined by the Secretary; or
(3)
to any State or local agency or nonprofit, charitable, or educational institution for use other than the generation of electricity for commercial use.
(f)

Savings Provision.—
Nothing in this subchapter shall be read to modify the terms of the Russian HEU Agreement.
SEC. 3112A.
[42 U.S.C. 2297h–10a]

INCENTIVES FOR ADDITIONAL DOWNBLENDING OF HIGHLY ENRICHED URANIUM BY THE RUSSIAN FEDERATION.
(a)

Definitions.—
In this section:
(1)

Completion of the russian heu agreement.—
The term “completion of the Russian HEU Agreement” means the importation into the United States from the Russian Federation pursuant to the Russian HEU Agreement of uranium derived from the downblending of not less than 500 metric tons of highly enriched uranium of weapons origin.
(2)

Downblending.—
The term “downblending” means processing highly enriched uranium into a uranium product in any form in which the uranium contains less than 20 percent uranium-235.
(3)

Highly enriched uranium.—
The term “highly enriched uranium” has the meaning given that term in section 3102(4).
(4)

Highly enriched uranium of weapons origin.—
The term “highly enriched uranium of weapons origin” means highly enriched uranium that—
(A)
contains 90 percent or more uranium-235; and
(B)
is verified by the Secretary of Energy to be of weapons origin.
(5)

Low-enriched uranium.—
The term “low-enriched uranium” means a uranium product in any form, including uranium hexafluoride (UF_6) and uranium oxide (UO_2), in which the uranium contains less than 20 percent uranium-235, including natural uranium, without regard to whether the uranium is incorporated into fuel rods or complete fuel assemblies.
(6)

Russian heu agreement.—
The term “Russian HEU Agreement” has the meaning given that term in section 3102(11).
(7)

Suspension agreement.—
The term “Suspension Agreement” has the meaning given that term in section 3102(13).
(8)

Uranium-235.—
The term “uranium-235” means the isotope 235U.
(b)

Statement of Policy.—
It is the policy of the United States—
(1)
to support the continued downblending of highly enriched uranium of weapons origin in the Russian Federation in order to protect the essential security interests of the United States with respect to the nonproliferation of nuclear weapons;
(2)
to reduce reliance on uranium imports in order to protect essential national security interests;
(3)
to revive and strengthen the supply chain for nuclear fuel produced and used in the United States; and
(4)
to expand production of nuclear fuel in the United States.
(c)

Promotion of Downblending of Russian Highly Enriched Uranium.—
(1)

Completion of the russian heu agreement.—
Prior to the completion of the Russian HEU Agreement, the importation into the United States of low-enriched uranium, including low-enriched uranium obtained under contracts for separative work units, that is produced in the Russian Federation and is not imported pursuant to the Russian HEU Agreement, may not exceed the following amounts:
(A)
In the 4-year period beginning with calendar year 2008, 16,559 kilograms.
(B)
In calendar year 2012, 24,839 kilograms.
(C)
In calendar year 2013 and each calendar year thereafter through the calendar year of the completion of the Russian HEU Agreement, 41,398 kilograms.
(2)

Incentives to continue downblending russian highly enriched uranium after the completion of the russian heu agreement.—
(A)

In general.—
After the completion of the Russian HEU Agreement, the importation into the United States of low-enriched uranium, including low-enriched uranium obtained under contracts for separative work units, that is produced in the Russian Federation, whether or not such low-enriched uranium is derived from highly enriched uranium of weapons origin, may not exceed—
(i)
in calendar year 2014, 485,279 kilograms;
(ii)
in calendar year 2015, 455,142 kilograms;
(iii)
in calendar year 2016, 480,146 kilograms;
(iv)
in calendar year 2017, 490,710 kilograms;
(v)
in calendar year 2018, 492,731 kilograms;
(vi)
in calendar year 2019, 509,058 kilograms;
(vii)
in calendar year 2020, 514,754 kilograms;
(viii)
in calendar year 2021, 596,682 kilograms;
(ix)
in calendar year 2022, 489,617 kilograms; and
(x)
in calendar year 2023, 578,877 kilograms.
(B)

Administration.—
(i)

In general.—
The Secretary of Commerce shall administer the import limitations described in subparagraph (A) in accordance with the provisions of the Suspension Agreement, including—
(I)
the limitations on sales of enriched uranium product and separative work units plus conversion, in amounts determined in accordance with Section IV.B.1 of the Suspension Agreement (as amended by the amendment published in the Federal Register on October 9, 2020 (85 Fed. Reg. 64112));
(II)
the export limit allocations set forth in Appendix 5 of the Suspension Agreement (as so amended);
(III)
the requirements for natural uranium returned feed associated with imports of low-enriched uranium, including pursuant to sales of enrichment, with or without conversion, from the Russian Federation, as set forth in Section IV.B.1 of the Suspension Agreement (as so amended);
(IV)
any other provisions of the Suspension Agreement (as so amended); and
(V)
any related administrative guidance issued by the Department of Commerce.
(ii)

Effect of termination of suspension agreement.—
Clause (i) shall remain in effect if the Suspension Agreement is terminated.
(C)

Additional imports in exchange for a commitment to downblend an additional 300 metric tons of highly enriched uranium.—
(i)

In general.—
In addition to the amount authorized to be imported under subparagraph (A) and except as provided in clause (ii), if the Russian Federation enters into a bilateral agreement with the United States under which the Russian Federation agrees to downblend an additional 300 metric tons of highly enriched uranium after the completion of the Russian HEU Agreement, 4 kilograms of low-enriched uranium, whether or not such low-enriched uranium is derived from highly enriched uranium of weapons origin and including low-enriched uranium obtained under contracts for separative work units, may be imported in a calendar year for every 1 kilogram of Russian highly enriched uranium of weapons origin that was downblended in the preceding calendar year, subject to the verification of the Secretary of Energy under paragraph (9).
(ii)

Maximum annual imports.—
Not more than 120,000 kilograms of low-enriched uranium may be imported in a calendar year under clause (i).
(3)

Exceptions.—
The import limitations described in paragraphs (1) and (2) shall not apply to low-enriched uranium produced in the Russian Federation that is imported into the United States for processing and to be certified for reexportation and not for consumption in the United States.
(4)

Limited waiver authority.—
(A)

In general.—
Notwithstanding paragraph (1)(C), if the completion of the Russian HEU Agreement does not occur before December 31, 2013, the import limitations under paragraph (1)(C) shall be waived, and low-enriched uranium may be imported into the United States in the quantities specified in paragraph (2) in a calendar year after 2013, if—
(i)
the Secretary of Energy and the Secretary of State jointly determine that—
(I)
the failure of the completion of the Russian HEU Agreement arises from causes beyond the control and without the fault or negligence of the Government of the Russian Federation; and
(II)
the Government of the Russian Federation has made reasonable efforts to avoid and mitigate the effects of the failure of the completion of the Russian HEU Agreement; and
(ii)
the Secretary of Energy and the Secretary of State jointly notify Congress of, and publish in the Federal Register, the determination under clause (i) and the reasons for the determination.
(B)

Notice and wait.—
A waiver under subparagraph (A) may not take effect until the date that is 180 days after the date on which Secretary of Energy and the Secretary of State notify Congress under subparagraph (A)(ii).
(C)

Termination.—
A waiver under subparagraph (A) shall terminate on December 31 of the calendar year with respect to which the Secretary makes the determination under subparagraph (A)(i).
(5)

Authority for additional adjustment.—
The Secretary of Commerce may adjust the import limitations under paragraph (2)(A) for a calendar year if the Secretary—
(A)
in consultation with the Secretary of Energy, determines that the available supply of low-enriched uranium and the available stockpiles of uranium of the Department of Energy are insufficient to meet demand in the United States in the following calendar year; and
(B)
notifies Congress of the adjustment not less than 45 days before making the adjustment.
(6)

Equivalent quantities of low-enriched uranium imports.—
(A)

In general.—
The import limitations described in paragraphs (1) and (2) are expressed in terms of uranium containing 4.4 percent uranium-235 and a tails assay of 0.3 percent.
(B)

Adjustment for other uranium.—
Imports of low-enriched uranium under paragraphs (1) and (2), including low-enriched uranium obtained under contracts for separative work units, shall count against the import limitations described in such paragraphs in amounts calculated as the quantity of low-enriched uranium containing 4.4 percent uranium-235 necessary to equal the total amount of uranium-235 contained in such imports.
(7)

Downblending of other highly enriched uranium.—
(A)

In general.—
The downblending of highly enriched uranium not of weapons origin may be counted for purposes of paragraph (2)(C, subject to verification under paragraph (9), if the Secretary of Energy determines that the highly enriched uranium to be downblended poses a risk to the national security of the United States.
(B)

Equivalent quantities of highly enriched uranium.—
For purposes of determining the additional low-enriched uranium imports allowed under paragraph (2)(C), highly enriched uranium not of weapons origin downblended pursuant to subparagraph (A) shall count as downblended highly enriched uranium of weapons origin in amounts calculated as the quantity of highly enriched uranium containing 90 percent uranium-235 necessary to equal the total amount of uranium-235 contained in the highly enriched uranium not of weapons origin downblended pursuant to subparagraph (A).
(8)

Termination of import restrictions.—
The provisions of this subsection shall terminate on the date described in subsection (d)(1).
(9)

Technical verifications by secretary of energy.—
(A)

In general.—
The Secretary of Energy shall verify the origin, quantity, and uranium-235 content of the highly enriched uranium downblended for purposes of paragraphs (2)(C) and (7).
(B)

Methods of verification.—
In conducting the verification required under subparagraph (A), the Secretary of Energy shall employ the transparency measures and access provisions agreed to under the Russian HEU Agreement for monitoring the downblending of Russian highly enriched uranium of weapons origin and such other methods as the Secretary determines appropriate.
(10)

Enforcement of import limitations.—
The Secretary of Commerce shall be responsible for enforcing the import limitations imposed under this subsection and shall enforce such import limitations in a manner that imposes a minimal burden on the commercial nuclear industry.
(11)

Effect on other agreements.—
(A)

Russian heu agreement.—
Nothing in this section shall be construed to modify the terms of the Russian HEU Agreement, including the provisions of the Agreement relating to the amount of low-enriched uranium that may be imported into the United States.
(B)

Other agreements.—
If a provision of any agreement between the United States and the Russian Federation, other than the Russian HEU Agreement or the Suspension Agreement, relating to the importation of low-enriched uranium, including low-enriched uranium obtained under contracts for separative work units, into the United States conflicts with a provision of this section, the provision of this section shall supersede the provision of the agreement to the extent of the conflict.
(d)

Prohibition on Imports of Low-enriched Uranium.—
(1)

Prohibition.—
Beginning on the date that is 90 days after the date of the enactment of this subsection, and subject to paragraphs (2) and (3), the following may not be imported into the United States:
(A)
Unirradiated low-enriched uranium that is produced in the Russian Federation or by a Russian entity.
(B)
Unirradiated low-enriched uranium that is determined to have been exchanged with, swapped for, or otherwise obtained in lieu of unirradiated low-enriched uranium described in subparagraph (A) in a manner designed to circumvent the restrictions under this section.
(2)

Waiver.—
(A)

In general.—
Subject to subparagraphs (B) and (C), the Secretary of Energy, in consultation with the Secretary of State and the Secretary of Commerce, may waive the application of paragraph (1) to authorize the importation of low-enriched uranium described in that paragraph if the Secretary of Energy determines that—
(i)
no alternative viable source of low-enriched uranium is available to sustain the continued operation of a nuclear reactor or a United States nuclear energy company; or
(ii)
importation of low-enriched uranium described in paragraph (1) is in the national interest.
(B)

Limitation on amounts of imports of low-enriched uranium.—
(i)

In general.—
The importation into the United States of low-enriched uranium described in paragraph (1), including low-enriched uranium obtained under contracts for separative work units, whether or not such low-enriched uranium is derived from highly enriched uranium of weapons origin, may not exceed—
(I)
in calendar year 2024, 476,536 kilograms;
(II)
in calendar year 2025, 470,376 kilograms;
(III)
in calendar year 2026, 464,183 kilograms; and
(IV)
in calendar year 2027, 459,083 kilograms.
(ii)

Administration.—
The Secretary of Commerce shall—
(I)
administer the import limitations described in clause (i) in accordance with the provisions of the Suspension Agreement, including the provisions described in subsection (c)(2)(B)(i);
(II)
be responsible for enforcing the import limitations described in clause (i); and
(III)
enforce the import limitations described in clause (i) in a manner that imposes a minimal burden on the commercial nuclear industry.
(C)

Termination.—
Any waiver issued under subparagraph (A) shall terminate not later than January 1, 2028.
(D)

Notification to congress.—
(i)

In general.—
Upon issuing a waiver under subparagraph (A), the Secretary of Energy shall submit to the committees specified in clause (ii) a notification that a waiver has been issued, which shall include identification of the recipient of the waiver.
(ii)

Committees specified.—
The committees specified in this clause are—
(I)
the Committee on Energy and Natural Resources and the Committee on Finance of the Senate; and
(II)
the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives.
(3)

Applicability.—
This subsection does not apply to imports—
(A)
by or under contract to the Department of Energy for national security or nonproliferation purposes; or
(B)
of non-uranium isotopes.
(4)

Termination.—
The provisions of this subsection shall terminate on December 31, 2040.
(5)

Russian entity defined.—
In this subsection, the term “Russian entity” means an entity organized under the laws of or otherwise subject to the jurisdiction of the Government of the Russian Federation.
SEC. 3113.
[42 U.S.C. 2297h–11]

LOW-LEVEL WASTE.
(a)

Responsibility of DOE.—
(1)
The Secretary, at the request of the generator, shall accept for disposal low-level radioactive waste, including depleted uranium if it were ultimately determined to be low-level radioactive waste, generated by—
(A)
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 gaseous diffusion plants, or
(B)
any person licensed by the Nuclear Regulatory Commission to operate a uranium enrichment facility under sections 53, 63, and 193 of the Atomic Energy Act of 1954 (42 U.S.C. 2073, 2093, and 2243).
(2)
Except as provided in paragraph (3), the generator shall reimburse the Secretary for the disposal of low-level radioactive waste pursuant to paragraph (1) in an amount equal to the Secretary's costs, including a pro rata share of any capital costs, but in no event more than an amount equal to that which would be charged by commercial, State, regional, or interstate compact entities for disposal of such waste.
(3)
In the event depleted uranium were ultimately determined to be low-level radioactive waste, the generator shall reimburse the Secretary for the disposal of depleted uranium pursuant to paragraph (1) in an amount equal to the Secretary's costs, including a pro rata share of any capital costs.
(b)

Agreements With Other Persons.—
The generator may also enter into agreements for the disposal of low-level radioactive waste subject to subsection (a) with any person other than the Secretary that is authorized by applicable laws and regulations to dispose of such wastes.
(c)

State or Interstate Compacts.—
Notwithstanding any other provision of law, no State or interstate compact shall be liable for the treatment, storage, or disposal of any low-level radioactive waste (including mixed waste) attributable to the operation, decontamination, and decommissioning of any uranium enrichment facility.
SEC. 3114.
[42 U.S.C. 2297h–12]

AVLIS.
(a)

Exclusive Right to Commercialize.—
The Corporation shall have the exclusive commercial right to deploy and use any AVLIS patents, processes, and technical information owned or controlled by the Government, upon completion of a royalty agreement with the Secretary.
(b)

Transfer of Related Property to Corporation.—
(1)

In general.—
To the extent requested by the Corporation and subject to the requirements of the Atomic Energy Act of 1954 (42 U.S.C. 2011, et seq.), the President shall transfer without charge to the Corporation all of the right, title, or interest in and to property owned by the United States under control or custody of the Secretary that is directly related to and materially useful in the performance of the Corporation's purposes regarding AVLIS and alternative technologies for uranium enrichment, including—
(A)
facilities, equipment, and materials for research, development, and demonstration activities; and
(B)
all other facilities, equipment, materials, processes, patents, technical information of any kind, contracts, agreements, and leases.
(2)

Exception.—
Facilities, real estate, improvements, and equipment related to the gaseous diffusion, and gas centrifuge, uranium enrichment programs of the Secretary shall not transfer under paragraph (1)(B).
(3)

Expiration of transfer authority.—
The President's authority to transfer property under this subsection shall expire upon the privatization date.
(c)

Liability for Patent and Related Claims.—
With respect to any right, title, or interest provided to the Corporation under subsection (a) or (b), the Corporation shall have sole liability for any payments made or awards under section 157b. (3) of the Atomic Energy Act of 1954 (42 U.S.C. 2187(b)(3)), or any settlements or judgments involving claims for alleged patent infringement. Any royalty agreement under subsection (a) of this section shall provide for a reduction of royalty payments to the Secretary to offset any payments, awards, settlements, or judgments under this subsection.
SEC. 3115.
[42 U.S.C. 2297h–13]

APPLICATION OF CERTAIN LAWS.
(a)

OSHA.—
(1)
As of the privatization date, the private corporation shall be subject to and comply with the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
(2)
The Nuclear Regulatory Commission and the Occupational Safety and Health Administration shall, within 90 days after the date of enactment of this Act, enter into a memorandum of agreement to govern the exercise of their authority over occupational safety and health hazards at the gaseous diffusion plants, including inspection, investigation, enforcement, and rulemaking relating to such hazards.
(b)

Antitrust Laws.—
For purposes of the antitrust laws, the performance by the private corporation of a “matched import” contract under the Suspension Agreement shall be considered to have occurred prior to the privatization date, if at the time of privatization, such contract had been agreed to by the parties in all material terms and confirmed by the Secretary of Commerce under the Suspension Agreement.
(c)

Energy Reorganization Act Requirements.—
(1)
The private corporation and its contractors and subcontractors shall be subject to the provisions of section 211 of the Energy Reorganization Act of 1974 (42 U.S.C. 5851) to the same extent as an employer subject to such section.
(2)
With respect to the operation of the facilities leased by the private corporation, section 206 of the Energy Reorganization Act of 1974 (42 U.S.C. 5846) shall apply to the directors and officers of the private corporation.
SEC. 3116.

AMENDMENTS TO THE ATOMIC ENERGY ACT.
(a)

Repeal.—
(1)
Chapters 22 through 26 of the Atomic Energy Act of 1954 (42 U.S.C. 2297–2297e–7) are repealed as of the privatization date.
(2)
The table of contents of such Act is amended as of the privatization date by striking the items referring to sections repealed by paragraph (1).
(b)

NRC Licensing.—
(1)
Section 11v. of the Atomic Energy Act of 1954 (42 U.S.C. 2014v.) is amended by striking “or the construction and operation of a uranium enrichment facility using Atomic Vapor Laser Isotope Separation technology”.
(2)
Section 193 of the Atomic Energy Act of 1954 (42 U.S.C. 2243) is amended by adding at the end the following:
“(f)

Limitation.—
No license or certificate of compliance may be issued to the United States Enrichment Corporation or its successor under this section or sections 53, 63, or 1701, if the Commission determines that—
“(1)
the Corporation is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government; or
“(2)
the issuance of such a license or certificate of compliance would be inimical to—
“(A)
the common defense and security of the United States; or
“(B)
the maintenance of a reliable and economical domestic source of enrichment services.”
.
(3)
Section 1701(c)(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2297f(c)(2)) is amended to read as follows:
“(2)

Periodic application for certificate of compliance.—
The Corporation shall apply to the Nuclear Regulatory Commission for a certificate of compliance under paragraph (1) periodically, as determined by the Commission, but not less than every 5 years. The Commission shall review any such application and any determination made under subsection (b)(2) shall be based on the results of any such review.”
.
(4)
Section 1702(a) of the Atomic Energy Act of 1954 (42 U.S.C. 2297f–1(a)) is amended—
(1)
by striking “other than” and inserting “including”, and
(2)
by striking “sections 53 and 63” and inserting “sections 53, 63, and 193”.
(c)

Judicial Review of NRC Actions.—
Section 189b. of the Atomic Energy Act of 1954 (42 U.S.C. 2239(b)) is amended to read as follows:
“b.
The following Commission actions shall be subject to judicial review in the manner prescribed in chapter 158 of title 28, United States Code, and chapter 7 of title 5, United States Code:
“(1)
Any final order entered in any proceeding of the kind specified in subsection (a).
“(2)
Any final order allowing or prohibiting a facility to begin operating under a combined construction and operating license.
“(3)
Any final order establishing by regulation standards to govern the Department of Energy's gaseous diffusion uranium enrichment plants, including any such facilities leased to a corporation established under the USEC Privatization Act.
“(4)
Any final determination under section 1701(c) relating to whether the gaseous diffusion plants, including any such facilities leased to a corporation established under the USEC Privatization Act, are in compliance with the Commission's standards governing the gaseous diffusion plants and all applicable laws.”
.
(d)

Civil Penalties.—
Section 234a. of the Atomic Energy Act of 1954 (42 U.S.C. 2282(a) is amended by—
(1)
striking “any licensing provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109” and inserting: “any licensing or certification provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, 109, or 1701”; and
(2)
by striking “any license issued thereunder” and inserting: “any license or certification issued thereunder”.
(e)

References to the Corporation.—
Following the privatization date, all references in the Atomic Energy Act of 1954 to the United States Enrichment Corporation shall be deemed to be references to the private corporation.
SEC. 3117.

AMENDMENTS TO OTHER LAWS.
(a)

Definition of Government Corporation.—
As of the privatization date, section 9101(3) of title 31, United States Code, is amended by striking subparagraph (N) as added by section 902(b) of Public Law 102–486.
(b)

Definition of the Corporation.—
Section 1018(1) of the Energy Policy Act of 1992 (42 U.S.C. 2296b–7(1) is amended by inserting “or its successor” before the period.
* * * * * * *
TITLE IV—

DEPARTMENT OF STATE AND RELATED AGENCIES
* * * * * * *

RELATED AGENCIES

INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the United States Information Agency, as authorized by the United States Information and Educational Exchange Act of 1948, as amended, the United States International Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of 1977, to carry out international communication activities; $325,191,000, of which $5,000,000 shall remain available until expended, not to exceed $16,000 may be used for official receptions within the United States as authorized by 22 U.S.C. 1474(3), not to exceed $35,000 may be used for representation abroad as authorized by 22 U.S.C. 1452 and 4085, and not to exceed $39,000 may be used for official reception and representation expenses of Radio Free Europe/Radio Liberty; and in addition, not to exceed $250,000 from fees as authorized by section 810 of the United States Information and Educational Exchange Act of 1948, as amended, to remain available until expended for carrying out authorized purposes; and in addition, notwithstanding any other provision of law, not to exceed $1,000,000 in monies received (including receipts from advertising, if any) by or for the use of the United States Information Agency from or in connection with broadcasting resources owned by or on behalf of the Agency, to be available until expended for carrying out authorized purposes.

BROADCASTING TO CUBA
For expenses necessary to enable the United States Information Agency to carry out the Radio Broadcasting to Cuba Act, as amended, the Television Broadcasting to Cuba Act, and the International Broadcasting Act of 1994, including the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception, $24,809,000 to remain available until expended: Provided, That not later than April 1, 1996, the headquarters of the Office of Cuba Broadcasting shall be relocated from Washington, D.C. to south Florida, and that any funds available under the headings International Broadcasting Operations, Broadcasting to Cuba, and Radio Construction may be available to carry out this relocation.

RADIO CONSTRUCTION
For an additional amount for the purchase, rent, construction, and improvement of facilities for radio transmission and reception and purchase and installation of necessary equipment for radio and television transmission and reception as authorized by 22 U.S.C. 1471, $40,000,000, to remain available until expended as authorized by 22 U.S.C. 1477b(a).