[Congressional Record Volume 144, Number 95 (Thursday, July 16, 1998)]
[Senate]
[Pages S8421-S8423]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




AUTHORIZING THE ADMINISTRATIVE ASSISTANT TO THE CHIEF JUSTICE TO ACCEPT 
                           VOLUNTARY SERVICES

  Mr. BOND. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of calendar No. 461, S. 2143.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The bill clerk read as follows:

       A bill (S. 2143) to amend chapter 45 of Title 28, U.S. 
     Code, to authorize the Administrative Assistant to the Chief 
     Justice to accept voluntary services, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

                                S. 2143

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AUTHORIZATION FOR VOLUNTARY SERVICES.

       Section 677 of title 28, United States Code, is amended by 
     adding at the end the following:
       ``(c)(1) Notwithstanding section 1342 of title 31, the 
     Administrative Assistant, with the approval of the Chief 
     Justice, may accept voluntary personal services to assist 
     with public and visitor programs.
       ``(2) No person may volunteer personal services under this 
     subsection unless the person has first agreed, in writing, to 
     waive any claim against the United States arising out of or 
     in connection with such services, other than a claim under 
     chapter 81 of title 5.
       ``(3) No person volunteering personal services under this 
     subsection shall be considered an employee of the United 
     States for any purpose other than for purposes of--
       ``(A) chapter 81 of title 5; or
       ``(B) chapter 171 of this title.
       ``(4) In the administration of this subsection, the 
     Administrative Assistant shall ensure that the acceptance of 
     personal services shall not result in the reduction of pay or 
     displacement of any employee of the Supreme Court.''.

  Mr. BOND. Mr. President, I ask unanimous consent that the committee 
substitute amendment be agreed to, the bill be considered read the 
third time, and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill appear at this 
point in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (S. 2143), as amended, was considered read the third time, 
and passed.

                 URANIUM HEXAFLUORIDE USED IN RECYCLING

  Mr. BOND. Mr. President, I ask unanimous consent that the Senate now 
turn to S. 2316, introduced yesterday by Senator McConnell.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 2316) to require the Secretary of Energy to 
     submit to Congress a plan to ensure that all amounts accrued 
     on the books of the United States Enrichment Corporation for 
     the disposition of depleted uranium hexafluoride will be used 
     to treat and recycle depleted uranium hexafluoride.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 3211

  Mr. BOND. Mr. President, I send an amendment to the desk on behalf of 
Senator Ford and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Missouri [Mr. Bond]for Mr. Ford, proposes 
     an amendment numbered 3211.

  The amendment is as follows:
       On page 2, line 3 strike all after ``hexafluoride'' and 
     insert the following:

     consistent with the National Environmental Policy Act.
       (b) Limitation.--Notwithstanding the privatization of the 
     United States Enrichment

[[Page S8422]]

     Corporation and notwithstanding any other provision of law 
     (including the repeal of chapters 22 through 26 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2297 et seq.) made by section 
     3116(a)(1) of the USEC Privatization Act (104 Stat. 1321-
     349)), no amounts described in subsection (a) shall be 
     withdrawn from the United States Enrichment Corporation Fund 
     established by section 1308 of the Atomic Energy Act of 1954 
     (42 U.S.C. 2297b-7) or the Working Capital Account 
     established under section 1316 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2297b-15) until the date that is 1 year after 
     the date on which the President submits to Congress the 
     budget request for fiscal year 2000.
       (c) Sense of the Senate--It is the Sense of the Senate that 
     Congress should authorize appropriations during fiscal year 
     2000 in an amount sufficient to fully fund the plan described 
     in subsection (a).

  Mr. FORD. Mr. President, I am pleased to join in cosponsoring S. 
2316, which earmarks a portion of Treasury funds obtained through the 
privatization of the United States Enrichment Corporation for the clean 
up of depleted uranium hexafluoride, or so-called uranium ``tails.'' 
The legislation earmarks roughly $335 million for this cleanup, 
preserving authority to conduct the treatment and recycling of depleted 
uranium tails.
  However, none of the money will be spent unless Congress appropriates 
such funding. I am pleased that my amendment has been added to this 
bill which puts the Senate on record in support of fully appropriating 
funds to implement a cleanup plan to be developed by the Secretary of 
Energy. It is a two way street, Mr. President. I agree that the 
Secretary of Energy should immediately develop a plan to clean up the 
depleted uranium tails. But I also believe Congress should respond 
quickly to appropriate the necessary funds.
  Three weeks ago, the Administration announced that the USEC Board had 
approved the privatization of USEC through an initial public offering 
of stock in the new Corporation. This will be the largest federal 
privatization effort since Conrail, establishing a $2.4 billion private 
corporation to enrich uranium for nuclear power production and compete 
in world markets. I have been involved in this effort for more than a 
decade. It directly affects 2,200 workers in Paducah, Kentucky who work 
at one of the two gaseous diffusion plants operated by USEC.
  As part of this transaction, a $1.7 billion ``exit dividend'' is to 
be paid to the Treasury. This legislation assures that an appropriate 
portion of those funds will be available for clean up at the existing 
USEC facilities. And it also puts the Senate on record in support of 
future appropriations for clean up purposes.
  Among the reasons for obtaining these assurances is the employment 
situation at the two USEC plants. One of the great myths some are 
promoting is the suggestion that the privatization is causing 600 job 
losses at the two plants over the next two years. This is simply not 
the case. The job losses were apparently likely regardless of whether 
privatization went forward. As part of the privatization agreement, the 
new corporation has agreed to operate both existing plants through 
January, 2005. However, some job reductions will occur. The job impact 
was likely in the event that USEC remained as a government corporation 
and did not privatize. And it is equally likely in the short-term if 
privatization goes forward. They are a reality and we must deal with 
this situation. The privatization transaction provides $50 million to 
begin clean up efforts at the two plants. This legislation adds to that 
amount, earmarking an amount necessary to fully fund the estimated 
clean up liability for all uranium tails acquired since July 1993. Once 
enacted, it will be the responsibility of the Secretary of Energy to 
develop an adequate clean up plan. And just as importantly, it will be 
the responsibility of the Congress to appropriate funds which are 
sufficient to fully implement the clean up plan.
  I believe any individuals who lose their jobs at either of the 
existing two facilities should be given a preference in obtaining these 
clean up jobs, and I will be urging the Administration to provide such 
a preference in the months ahead.
  A second great myth associated with privatization is that there is a 
large pot of money laying around which could be spent on clean up. That 
is not the case. First of all, upon privatization, the authority to 
spend the so-called ``exit dividend'' will expire unless we pass this 
bill. Time is of the essence. Second, even if the authority is 
preserved, none of the exit dividend may be spent unless Congress 
appropriates the funds. That is why our Sense of the Senate language is 
important. When we return to this issue in the future, it is essential 
that Congress act expeditiously to appropriate the funds. So I think 
this is a timely bill and strongly support its adoption.
  I also support the privatization decisions which have been made by 
the Administration and by the USEC Board. There is little question that 
the current course of action is in the best long-term interest of the 
employees at the Paducah facility. As a private corporation, USEC will 
be more efficient. It will be better suited to enter into long-term 
contracts and recapture its world market share for uranium enrichment. 
It will be better suited to implement the technology of the future, 
which many believe will be the Atomic Vapor Laser Isotope Separation 
(AVLIS) technology. And it will be better suited to provide for the 
long-term employment of the workers at the two current facilities.
  Mr. President, I urge the passage of this bill and will continue to 
work with my colleagues to get this proposal to the President's desk in 
the days ahead.
  Mr. McCONNELL. Mr. President, this bill will ensure that the 
Department of Energy is not stuck with a massive unfunded mandate as a 
result of the privatization of the United States Enrichment 
Corporation. This bill will ensure that both the workers at Paducah, 
Kentucky and Portsmouth, Ohio as well as the environment are made a top 
priority.
  Last month the Administration, the Department of Energy and the USEC 
Board came to a decision on privatization of the United States 
Enrichment Corporation. The deal, however, put USEC first and 
taxpayers, workers and the environment last.
  As proposed, the USEC privatization will have a devastating effect on 
jobs. The Administration has stated that 600 jobs will be lost in the 
first two years and admits that there is a real possibility that 
additional job losses would occur in the following years. Something 
must be done to alleviate the economic impact of this legislation, and 
I am hopeful that a serious clean up effort will mitigate some of the 
job losses.
  Unless we prevent this transfer of funds from USEC to the General 
Treasury, taxpayers will be stuck with a massive unfunded environmental 
liability if this funding doesn't remain dedicated to clean up. 
Considering the Department of Energy's track record on cleaning up its 
own depleted uranium tails that have been stockpiled for the past forty 
years, it would be a big mistake if we allowed USEC to add an 
additional 9,000 canisters to the tens of thousands of canisters in the 
Department's inventory without the funds already earmarked and 
allocated to cleaning up this environmental nightmare.
  I am willing to accept the amendment by Senator Ford in order to 
secure the nearly $400 million. Senator Ford's amendment adds language 
to ensure that this clean up effort remains consistent with National 
environmental Policy Act and adds a brief Sense of the Senate that 
Congress should fully fund the President's request.
  I want to be absolutely clear, this amendment simply restates current 
law. This bill like any other, is subject to NEPA standards. However, 
it must not be an excuse for the Administration to slow down the 
implementation of a clean up plan.
  Mr. President, I welcome the support of Senator Ford for this 
legislation and I look forward to passing it in a timely fashion so the 
Administration does not privatize USEC until we can ensure that workers 
and the environment in Western Kentucky and Southeast Ohio are made a 
top priority.
  Mr. BOND. Mr. President, I ask unanimous consent that the amendment 
be agreed to, the bill be considered read the third time, and passed, 
and the motion to reconsider be laid upon the table, all without any 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3211) was agreed to.

[[Page S8423]]

  The bill (S. 2316), as amended, was considered read the third time, 
and passed, as follows:

                                S. 2316

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. UNITED STATES ENRICHMENT CORPORATION.

       (a) Plan.--The Secretary of Energy shall prepare, and the 
     President shall include in the budget request for fiscal year 
     2000, a plan and proposed legislation to ensure that all 
     amounts accrued on the books of the United States Enrichment 
     Corporation for the disposition of depleted uranium 
     hexafluoride will be used to commence construction of, not 
     later than January 31, 2004, and to operate, an onsite 
     facility at each of the gaseous diffusion plants at Paducah, 
     Kentucky, and Portsmouth, Ohio, to treat and recycle depleted 
     uranium hexafluoride consistent with the National 
     Environmental Policy Act.
       (b) Limitation.--Notwithstanding the privatization of the 
     United States Enrichment Corporation and notwithstanding any 
     other provision of law (including the repeal of chapters 22 
     through 26 of the Atomic Energy Act of 1954 (42 U.S.C. 2297 
     et seq.) made by section 3116(a)(1) of the United States 
     Enrichment Corporation Privatization Act (104 Stat. 1321-
     349), no amounts described in subsection (a) shall be 
     withdrawn from the United States Enrichment Corporation Fund 
     established by section 1308 of the Atomic Energy Act of 1954 
     (42 U.S.C. 2297b-7) or the Working Capital Account 
     established under section 1316 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2297b-15) until the date that is 1 year after 
     the date on which the President submits to Congress the 
     budget request for fiscal year 2000.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that Congress should authorize appropriations during fiscal 
     year 2000 in an amount sufficient to fully fund the plan 
     described in subsection (a).

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