I

104TH CONGRESS

1ST SESSION H. R. 1216

To amend the Atomic Energy Act of 1954 to provide for the privatization

of the United States Enrichment Corporation.

IN THE HOUSE OF REPRESENTATIVES

MARCH 13, 1995

Mr. BLILEY introduced the following bill; which was referred to the Committee

on Commerce

A BILL

To amend the Atomic Energy Act of 1954 to provide for

the privatization of the United States Enrichment Corporation.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND REFERENCE.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘USEC Privatization Act’’.

6 (b) REFERENCE.—Except as otherwise expressly pro7 vided, whenever in this Act an amendment or repeal is

8 expressed in terms of an amendment to, or repeal of, a

9 section or other provision, the reference shall be consid-
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1 ered to be made to a section or other provision of the

2 Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.)

3 SEC. 2. PRODUCTION FACILITY.

4 Paragraph v. of section 11 of title I (42 U.S.C. 2014

5 v.) is amended by striking ‘‘or the construction and oper6 ation of a uranium enrichment production facility using

7 Atomic Vapor Laser Isotope Separation technology’’.

8 SEC. 3. DEFINITIONS.

9 Section 1201 of title II (42 U.S.C. 2297) is

10 amended—

11 (1) in paragraph (4), by inserting before the pe12 riod the following: ‘‘and any successor corporation

13 thereto, including as contemplated in chapter 25’’;

14 (2) by redesignating paragraphs (10) through

15 (13) as paragraphs (14) through (17), respectively,

16 and by inserting after paragraph (9) the following

17 new paragraphs:

18 ‘‘(10) The term ‘low-level radioactive waste’ has

19 the meaning given such term in section 102(9) of

20 the Low-Level Radioactive Waste Policy Amend21 ments Act of 1985 (42 U.S.C. 2021b(9)).

22 ‘‘(11) The term ‘mixed waste’ has the meaning

23 given such term in section 1004(41) of the Solid

24 Waste Disposal Act (42 U.S.C. 6903(41)).
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1 ‘‘(12) The term ‘privatization’ means the trans2 fer of ownership of the Corporation to private inves3 tors pursuant to chapter 25.

4 ‘‘(13) The term ‘privatization date’ means the

5 date on which 100 percent of ownership of the Cor6 poration has been transferred to private investors.’’;

7 (3) by inserting after paragraph (17) (as redes8 ignated) the following new paragraph:

9 ‘‘(18) The term ‘transition date’ means July 1,

10 1993.’’; and

11 (4) by redesignating paragraph (14) as para12 graph (19).

13 SEC. 4. EMPLOYEES OF THE CORPORATION.

14 Paragraph (4) of section 1305(e) of title II (42

15 U.S.C. 2297b–4(e)(4)) is amended—

16 (1) by striking ‘‘AND DETAILEES’’ in the head17 ing;

18 (2) by striking the first sentence;

19 (3) in the second sentence, by inserting ‘‘from

20 other Federal employment’’ after ‘‘transfer to the

21 Corporation’’; and

22 (4) by striking the last sentence.

23 SEC. 5. MARKETING AND CONTRACTING AUTHORITY.

24 (a) EXCLUSIVE MARKETING AGENT.—Section 1401

25 (42 U.S.C. 2297c) is amended—
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1 (1) effective on the privatization date (as de2 fined in section 1201(11) of the Atomic Energy Act

3 of 1954), by repealing subsection (a), and

4 (2) in subsection (b)—

5 (A) by striking ‘‘(b) TRANSFER OF CON6 TRACTS.—’’,

7 (B) by redesignating paragraphs (1), (2),

8 and (3) as subsections (a), (b), and (c), respec9 tively, and

10 (C) by redesignating subparagraphs (A),

11 (B) and (C) of subsections (b) and (c) (as so

12 redesignated) as paragraphs (1), (2), and (3),

13 respectively.

14 (b) TRANSFER OF CONTRACTS.—Section 1401(b) of

15 title II (42 U.S.C. 2297c(b)) is amended—

16 (1) in paragraph (2)(B), by adding at the end

17 the following: ‘‘The privatization of the Corporation

18 shall not affect the terms of, or the rights or obliga19 tions of the parties to, any such power purchase con20 tract.’’; and

21 (2) by adding at the end the following:

22 ‘‘(3) EFFECT OF TRANSFER.—

23 ‘‘(A) As a result of the transfer pursuant

24 to paragraph (1), all rights, privileges, and ben25 efits under such contracts, agreements, and
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1 leases, including the right to amend, modify, ex2 tend, revise, or terminate any of such contracts,

3 agreements, or leases were irrevocably assigned

4 to the Corporation for its exclusive benefit.

5 ‘‘(B) Notwithstanding the transfer pursu6 ant to paragraph (1), the United States shall

7 remain obligated to the parties to the contracts,

8 agreements, and leases transferred thereby for

9 the performance of its obligations thereunder

10 during the term thereof. The Corporation shall

11 reimburse the United States for any amount

12 paid by the United States in respect of such ob13 ligations arising after the privatization date to

14 the extent such amount is a legal and valid obli15 gation of the Corporation then due.

16 ‘‘(C) After the privatization date, upon any

17 material amendment, modification, extension,

18 revision, replacement, or termination of any

19 contract, agreement, or lease transferred under

20 paragraph (1), the United States shall be re21 leased from further obligation under such con22 tract, agreement, or lease, provided further that

23 such action shall not release the United States

24 from obligations arising under such contract,

25 agreement, or lease prior to such time.’’.
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1 (b) PRICING.—Section 1402 of title II (42 U.S.C.

2 2297c–1) is amended to read as follows:

3 ‘‘SEC. 1402. PRICING.

4 ‘‘The Corporation shall establish prices for its prod5 ucts, materials, and services provided to customers on a

6 basis that will allow it to attain the normal business objec7 tives of a profitmaking corporation.’’.

8 (c) LEASING OF GASEOUS DIFFUSION FACILITIES OF

9 DEPARTMENT.—Section 1403 of title II (42 U.S.C.

10 2297c–2) is amended by adding at the end the following:

11 ‘‘(h) LOW-LEVEL RADIOACTIVE WASTE AND MIXED

12 WASTE.—

13 ‘‘(1) RESPONSIBILITY OF THE DEPARTMENT;

14 COSTS.—(A) With respect to low-level radioactive

15 waste and mixed waste generated by the Corporation

16 as a result of the operations of the facilities and re17 lated property leased by the Corporation pursuant to

18 subsection (a) or as a result of treatment of such

19 wastes at a location other than the facilities and re20 lated property leased by the Corporation pursuant to

21 subsection (a), at the request of the Corporation, the

22 Department shall—

23 ‘‘(i) accept for treatment or disposal of all

24 such wastes for which treatment or disposal
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1 technologies and capacities exist, whether with2 in the Department or elsewhere; and

3 ‘‘(ii) accept for storage (or ultimately

4 treatment or disposal) all such wastes for which

5 treatment and disposal technologies or capac6 ities do not exist, pending development of such

7 technologies or availability of such capacities for

8 such wastes.

9 ‘‘(B) All low-level wastes and mixed wastes that

10 the Department accepts for treatment, storage, or

11 disposal pursuant to subparagraph (A) shall for the

12 purpose of any permits, licenses, authorizations,

13 agreements, or orders involving the Department and

14 other Federal agencies or State or local governments

15 be deemed to be generated by the Department and

16 the Department shall handle such wastes in accord17 ance with any such permits, licenses, authorizations,

18 agreements, or orders. The Department shall obtain

19 any additional permits, licenses, or authorizations

20 necessary to handle such wastes, shall amend any

21 such agreements or orders as necessary to handle

22 such wastes, and shall handle such wastes in accord23 ance therewith.

24 ‘‘(C) The Corporation shall reimburse the De25 partment for the treatment, storage, or disposal of
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1 low-level radioactive waste or mixed waste pursuant

2 to subparagraph (A) in an amount equal to the De3 partment’s costs but in no event greater than an

4 amount equal to that which would be charged by

5 commercial, State, regional, or interstate compact

6 entities for treatment, storage, or disposal of such

7 waste.

8 ‘‘(2) ACCEPTANCE BY OTHER PERSONS.—The

9 Corporation may also enter into agreements for the

10 treatment, storage, or disposal of low-level radio11 active waste and mixed waste generated by the Cor12 poration as a result of the operation of the facilities

13 and related property leased by the Corporation pur14 suant to subsection (a) with any person other than

15 the Department that is authorized by applicable laws

16 and regulations to treat, store, or dispose of such

17 wastes.’’.

18 (d) LIABILITIES.—

19 (1) Subsection (a) of section 1407 (as redesig20 nated) (42 U.S.C. 2297c–5(a)) is amended—

21 (A) by inserting ‘‘AND PRIVATIZATION’’

22 after ‘‘TRANSITION’’ in the heading; and

23 (B) by adding at the end the following:

24 ‘‘As of the privatization date, all liabilities at25 tributable to the operation of the Corporation
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1 from the transition date to the privatization

2 date shall be direct liabilities of the United

3 States.’’.

4 (2) Subsection (b) of such section 1407 (42

5 U.S.C. 2297c–5(b)) is amended—

6 (A) by inserting ‘‘AND PRIVATIZATION’’

7 after ‘‘TRANSITION’’ in the heading; and

8 (B) by adding at the end the following:

9 ‘‘As of the privatization date, any judgment en10 tered against the Corporation imposing liability

11 arising out of the operation of the Corporation

12 from the transition date to the privatization

13 date shall be considered a judgment against the

14 United States.’’.

15 (3) Subsection (d) of such section 1407 (42

16 U.S.C. 2297c–5(d)) is amended—

17 (A) by inserting ‘‘AND PRIVATIZATION’’

18 after ‘‘TRANSITION’’ in the heading; and

19 (B) by striking ‘‘the transition date’’ and

20 inserting ‘‘the privatization date (or, in the

21 event the privatization date does not occur, the

22 transition date)’’.

23 (e) TRANSFER OF URANIUM.—Title II (42 U.S.C.

24 2297 et seq.) is amended—
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1 (1) by inserting after section 1408 (as redesig2 nated) the following:

3 ‘‘SEC. 1409. TRANSFER OF URANIUM.

4 ‘‘The Secretary may transfer to the Corporation with5 out charge raw uranium, low-enriched uranium, and high6 ly enriched uranium.’’; and

7 (2) by redesignating the subsequent sections ac8 cordingly.

9 SEC. 6. PRIVATIZATION OF THE CORPORATION.

10 (a) ESTABLISHMENT OF PRIVATE CORPORATION.—

11 Chapter 25 of title II (42 U.S.C. 2297d et seq.) is amend12 ed by adding at the end the following new section:

13 ‘‘SEC. 1503. ESTABLISHMENT OF PRIVATE CORPORATION.

14 ‘‘(a) ESTABLISHMENT.—

15 ‘‘(1) IN GENERAL.—In order to facilitate pri16 vatization, the Corporation may provide for the es17 tablishment of a private corporation organized under

18 the laws of any of the several States. Such corpora19 tion shall have among its purposes the following:

20 ‘‘(A) To help maintain a reliable and eco21 nomical domestic source of uranium enrichment

22 services.

23 ‘‘(B) To undertake any and all activities as

24 provided in its corporate charter.
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1 ‘‘(2) AUTHORITIES.—The corporation estab2 lished pursuant to this section shall be authorized

3 to—

4 ‘‘(A) enrich uranium, provide for uranium

5 to be enriched by others, or acquire enriched

6 uranium (including low-enriched uranium de7 rived from highly enriched uranium);

8 ‘‘(B) conduct, or provide for conducting,

9 those research and development activities relat10 ed to uranium enrichment and related processes

11 and activities the corporation considers nec12 essary or advisable to maintain itself as a com13 mercial enterprise operating on a profitable and

14 efficient basis;

15 ‘‘(C) enter into transactions regarding ura16 nium, enriched uranium, or depleted uranium

17 with—

18 ‘‘(i) persons licensed under section 53,

19 63, 103, or 104 in accordance with the li20 censes held by those persons;

21 ‘‘(ii) persons in accordance with, and

22 within the period of, an agreement for co23 operation arranged under section 123; or

24 ‘‘(iii) persons otherwise authorized by

25 law to enter into such transactions;
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1 ‘‘(D) enter into contracts with persons li2 censed under section 53, 63, 103, or 104 for as

3 long as the corporation considers necessary or

4 desirable, to provide uranium or uranium en5 richment and related services;

6 ‘‘(E) enter into contracts to provide ura7 nium or uranium enrichment and related serv8 ices in accordance with, and within the period

9 of, an agreement for cooperation arranged

10 under section 123 or as otherwise authorized by

11 law; and

12 ‘‘(F) take any and all such other actions as

13 are permitted by the law of the jurisdiction of

14 incorporation of the corporation.

15 ‘‘(3) TRANSFER OF ASSETS.—For purposes of

16 implementing the privatization, the Corporation may

17 transfer some or all of its assets and obligations to

18 the corporation established pursuant to this section,

19 including—

20 ‘‘(A) all of the Corporation’s assets, includ21 ing all contracts, agreements, and leases, in22 cluding all uranium enrichment contracts and

23 power purchase contracts;
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1 ‘‘(B) all funds in accounts of the Corpora2 tion held by the Treasury or on deposit with

3 any bank or other financial institution;

4 ‘‘(C) all of the Corporation’s rights, duties,

5 and obligations, accruing subsequent to the pri6 vatization date, under the power purchase con7 tracts covered by section 1401(b)(2)(B); and

8 ‘‘(D) all of the Corporation’s rights, duties,

9 and obligations, accruing subsequent to the pri10 vatization date, under the lease agreement be11 tween the Department and the Corporation exe12 cuted by the Department and the Corporation

13 pursuant to section 1405.

14 ‘‘(4) MERGER OR CONSOLIDATION.—For pur15 poses of implementing the privatization, the Cor16 poration may merge or consolidate with the corpora17 tion established pursuant to this section if such ac18 tion is contemplated by the plan for privatization ap19 proved by the President. The Board shall have ex20 clusive authority to approve such merger or consoli21 dation and to take all further actions necessary to

22 consummate such merger or consolidation, and no

23 action by or in respect of shareholders shall be re24 quired. The merger or consolidation shall be effected

25 in accordance with, and have the effects of a merger
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1 or consolidation under, the laws of the jurisdiction

2 of incorporation of the surviving corporation, and all

3 rights and benefits provided under this title to the

4 Corporation shall apply to the surviving corporation

5 as if it were the Corporation.

6 ‘‘(5) TAX TREATMENT OF PRIVATIZATION.—

7 ‘‘(A) TRANSFER OF ASSETS OR MERGER.—

8 No income, gain, or loss shall be recognized by

9 any person by reason of the transfer of the Cor10 poration’s assets to, or the Corporation’s merg11 er with, the corporation established pursuant to

12 this section in connection with the privatization.

13 ‘‘(B) CANCELLATION OF DEBT AND COM14 MON STOCK.—No income, gain, or loss shall be

15 recognized by any person by reason of any can16 cellation of any obligation or common stock of

17 the Corporation in connection with the privat18 ization.

19 ‘‘(b) OSHA REQUIREMENTS.—For purposes of the

20 regulation of radiological and nonradiological hazards

21 under the Occupational Safety and Health Act of 1970,

22 the corporation established pursuant to this section shall

23 be treated in the same manner as other employers licensed

24 by the Nuclear Regulatory Commission. Any interagency

25 agreement entered into between the Nuclear Regulatory
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1 Commission and the Occupational Safety and Health

2 Agency governing the scope of their respective regulatory

3 authorities shall apply to the corporation, as if the cor4 poration were a Nuclear Regulatory Commission licensee.

5 ‘‘(c) LEGAL STATUS OF PRIVATE CORPORATION.—

6 ‘‘(1) NOT FEDERAL AGENCY.—The corporation

7 established pursuant to this section shall not be an

8 agency, instrumentality, or establishment of the

9 United States Government and shall not be a Gov10 ernment corporation or Government-controlled cor11 poration.

12 ‘‘(2) NO RECOURSE AGAINST UNITED

13 STATES.—Obligations of the corporation established

14 pursuant to this section shall not be obligations of,

15 or guaranteed as to principal or interest by, the Cor16 poration or the United States, and the obligations

17 shall so plainly state.

18 ‘‘(3) NO CLAIMS COURT JURISDICTION.—No ac19 tion under section 1491 of title 28, United States

20 Code, shall be allowable against the United States

21 based on the actions of the corporation established

22 pursuant to this section.

23 ‘‘(d) In the event that the privatization is imple24 mented by means of a public offering, an election of the

25 members of the board of directors of the Corporation by
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1 the shareholders shall be conducted before the end of the

2 1-year period beginning the date shares are first offered

3 to the public pursuant to such public offering.’’.

4 (b) OWNERSHIP LIMITATIONS.—Chapter 25 of title

5 II (as amended by subsection (a)) is amended by adding

6 at the end the following new section:

7 ‘‘SEC. 1504. OWNERSHIP LIMITATIONS.

8 ‘‘(a) In the event that the privatization is imple9 mented by means of a public offering, during a period of

10 3 years beginning on the privatization date, no person, di11 rectly or indirectly, may acquire or hold securities rep12 resenting more than 10 percent of the total votes of all

13 outstanding voting securities of the Corporation.

14 ‘‘(b) Subsection (a) shall not apply—

15 ‘‘(1) to any employee stock ownership plan of

16 the Corporation,

17 ‘‘(2) to underwriting syndicates holding shares

18 for resale, or

19 ‘‘(3) in the case of shares beneficially held for

20 others, to commercial banks, broker-dealers, clearing

21 corporations, or other nominees.

22 ‘‘(c)(1) In the event that the privatization is imple23 mented by means of a public offering and notwithstanding

24 any other provision of law which has the effect of restrict25 ing the authority of the Securities and Exchange Commis-
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1 sion to prescribe regulations, the Commission shall pre2 scribe regulations which limit—

3 ‘‘(A) the extent to which inside persons can

4 benefit from such privatization by reason of their

5 being inside persons; and

6 ‘‘(B) the amount of control inside persons can

7 acquire over the Corporation by reason of the privat8 ization.

9 ‘‘(2) For purposes of this subsection—

10 ‘‘(A) the term ‘Commission’ means the Securi11 ties and Exchange Commission; and

12 ‘‘(B) ‘inside person’ means—

13 ‘‘(i) any individual who is a director, offi14 cer, employee, or agent of the Corporation at

15 any time during the period beginning 1 year be16 fore the date of the enactment of this section

17 and ending at such time after the first shares

18 of the Corporation are offered to the public as

19 the Commission determines to be appropriate to

20 carry out the purposes of this subsection; and

21 ‘‘(ii) any other person associated with any

22 individual described in clause (i) or any group

23 of persons which includes any such individual.

24 ‘‘(3) The regulations prescribed by the Commission

25 pursuant to paragraph (1) shall include the following:
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1 ‘‘(A) A limitation on the percentage of shares

2 of the Corporation that may be acquired by inside

3 persons, including any stock option plan or any

4 management or employee stock benefit plan, before

5 and during the public offering, subject to such ex6 ceptions as the Commission may determine to be ap7 propriate.

8 ‘‘(B) A requirement prohibiting any inside per9 son from acquiring any share of the Corporation be10 fore or during the public offering at a price which

11 is less than the price at which shares are offered to

12 the public.

13 ‘‘(C) A limitation on the amount of shares of

14 the Corporation, if any, which inside persons, includ15 ing any stock option plan or any management or

16 employee stock benefit plan, may acquire during

17 such period of time after the privatization of the

18 Corporation is complete as the Commission may de19 termine to be appropriate, subject to such exceptions

20 as the Commission may determine to be appropriate.

21 ‘‘(D) A limitation or prohibition on the imple22 mentation by the Corporation, without stockholder

23 approval, of any stock option plan or any manage24 ment or employee stock benefit plan during such pe25 riod after the privatization of the Corporation is
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1 complete as the Commission may determine to be

2 appropriate, subject to such exceptions as the Com3 mission may determine to be appropriate.

4 ‘‘(E) A limitation or prohibition on the sale by

5 an inside person, including any stock option plan or

6 any management or employee stock benefit plan, of

7 any stock of the Corporation during such period

8 after the privatization of the Corporation is complete

9 as the Commission may determine to be appropriate,

10 subject to such exceptions as the Commission may

11 determine to be appropriate.

12 ‘‘(4)(A) The provisions of this subsection, and regula13 tions prescribed under this subsection, shall be enforced

14 under the Securities Act of 1933 and the Securities Ex15 change Act of 1934 by the Commission.

16 ‘‘(B) For purposes of applying the Securities Act of

17 1933 and the Securities Exchange Act of 1934 in accord18 ance with subparagraph (A), a violation of this subsection,

19 or any regulation prescribed under this subsection, shall

20 be treated as a violation of such Acts.’’.

21 (c) EXEMPTION FROM LIABILITY.—Chapter 25 of

22 title II (as amended by subsection (b)) is amended by add23 ing at the end the following new section:
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1 ‘‘SEC. 1505. EXEMPTION FROM LIABILITY.

2 ‘‘(a) IN GENERAL.—No director, officer, employee, or

3 agent of the Corporation shall be liable, for money dam4 ages or otherwise, to any party if, with respect to the sub5 ject matter of the action, suit, or proceeding, such person

6 was fulfilling a duty, in connection with any action taken

7 in connection with the privatization, which such person in

8 good faith reasonably believed to be required by law or

9 vested in such person.

10 ‘‘(b) EXCEPTION.—This section shall not apply to

11 claims arising out of the Securities Act of 1933, the Secu12 rities Exchange Act of 1934, or the Constitution or laws

13 of any State, territory, or possession of the United States

14 relating to transactions in securities, which claims are in

15 connection with a public offering implementing the privat16 ization.’’.

17 (d) RESOLUTION OF CERTAIN ISSUES.—Chapter 25

18 of title II (as amended by subsection (c)) is amended by

19 adding at the end the following new section:

20 ‘‘SEC. 1506. RESOLUTION OF CERTAIN ISSUES.

21 ‘‘(a) CORPORATION ACTIONS.—The Corporation shall

22 not be considered to be in breach, default, or violation of

23 any agreement to which it is a party, notwithstanding any

24 provision of such agreement, because of any provision of

25 this chapter or any action the Corporation is required to

26 take under this chapter.
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1 ‘‘(b) RIGHT TO SUE WITHDRAWN.—The United

2 States hereby withdraws any stated or implied consent for

3 the United States, or any agent or officer of the United

4 States, to be sued by any person for any legal, equitable,

5 or other relief with respect to any claim arising out of,

6 or resulting from, acts or omissions under this chapter.’’.

7 (e) APPLICATION OF PRIVATIZATION PROCEEDS.—

8 Chapter 25 of title II (as amended by subsection (d)) is

9 amended by adding at the end the following new section:

10 ‘‘SEC. 1507. APPLICATION OF PRIVATIZATION PROCEEDS.

11 ‘‘The proceeds from the privatization shall be in12 cluded in the budget baseline required by the Balanced

13 Budget and Emergency Deficit Control Act of 1985 and

14 shall be counted as an offset to direct spending for pur15 poses of section 252 of such Act, notwithstanding section

16 257(e) of such Act.’’.

17 (f) AMENDMENTS TO ATOMIC ENERGY ACT AS OF

18 THE PRIVATIZATION DATE.—Chapter 25 of title II (as

19 amended by subsection (e)) is amended by adding at the

20 end the following new section:

21 ‘‘SEC. 1508. AMENDMENTS TO THE ATOMIC ENERGY ACT AS

22 OF THE PRIVATIZATION DATE.

23 ‘‘(a) IN GENERAL.—As of the privatization date, the

24 following sections (as renumbered pursuant to this Act)
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1 of the Atomic Energy Act of 1954 shall no longer be oper2 ative:

3 ‘‘(1) Section 1202.

4 ‘‘(2) Sections 1301 through 1304.

5 ‘‘(3) Section 1305 (except subsection (e)(4)).

6 ‘‘(4) Sections 1306 through 1316.

7 ‘‘(5) Sections 1405 and 1406.

8 ‘‘(6) Section 1601.

9 ‘‘(7) Sections 1603 through 1607.

10 ‘‘(b) STATUTORY MODIFICATIONS TO TAKE EF11 FECT.—As of the privatization date, the following statu12 tory modifications shall take effect:

13 ‘‘(1) For purposes of title I, all references in

14 this Act to the ‘United States Enrichment Corpora15 tion’ shall be deemed to be references to the corpora16 tion established pursuant to section 1503.

17 ‘‘(2) Section 1018(1) of the Energy Policy Act

18 of 1992 (42 U.S.C. 2296b–7(1)) is amended by

19 striking ‘the United States’ and all that follows

20 through the period and inserting ‘the corporation re21 ferred to in section 1201(4) of the Atomic Energy

22 Act of 1954.’.

23 ‘‘(3) Section 9101(3) of title 31, United States

24 Code, is amended by striking subparagraph (N).’’.
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1 SEC. 7. PERIODIC CERTIFICATION OF COMPLIANCE.

2 Section 1701(c)(2) of chapter 27 of title II (42

3 U.S.C. 2297f) is amended by striking ‘‘ANNUAL APPLICA4 TION FOR CERTIFICATE OF COMPLIANCE.—The Corpora5 tion shall apply annually to the Nuclear Regulatory Com6 mission for a certificate of compliance under paragraph

7 (1).’’ and inserting ‘‘PERIODIC APPLICATION FOR CER8 TIFICATE OF COMPLIANCE.—The Corporation shall apply

9 to the Nuclear Regulatory Commission for a certificate of

10 compliance under paragraph (1) periodically, as deter11 mined by the Nuclear Regulatory Commission, but not less

12 than every 5 years.’’.

13 SEC. 8. LICENSING OF OTHER TECHNOLOGIES.

14 Subsection (a) of section 1702 of title 27 of title II

15 (42 U.S.C. 2297f–1(a)) is amended by striking ‘‘other

16 than’’ and inserting ‘‘including’’.

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