1360
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 Corpora-
tion (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 dissolu-
tion 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. 406. 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 407,
(2) all personal property and inventories of the
Corporation,
(3) all contracts, agreements, and leases under
section 408(a),
(4) the Corporation’s right to purchase power
from the Secretary under section 408(b),
(5) such funds in accounts of the Corporation
held by the Treasury or on deposit with any bank or
1361
other financial institution as approved by the Sec-
retary of the Treasury, and
(6) all of the Corporation’s records, including all
of the papers and other documentary materials, re-
gardless of physical form or characteristics, made or
received by the Corporation.
SEC. 407. LEASING OF GASEOUS DIFFUSION FACILITIES.
(a) TRANSFER OF LEASE.—Concurrent with privat-
ization, the Corporation shall transfer to the private cor-
poration the lease of the gaseous diffusion plants and relat-
ed 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 expira-
tion 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.
1362
(d) DOE RESPONSIBILITY FOR PREEXISTING CONDI-
TIONS.—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 respon-
sibility of the Secretary.
(e) ENVIRONMENTAL AUDIT.—For purposes of sub-
section (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
PROVI-
SIONS.—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 Corpora-
tion or the private corporation, and any extension or re-
newal thereof, shall not be considered to be a major Federal
action significantly affecting the quality of the human envi-
ronment for purposes of section 102 of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4332).
1363
SEC. 408. TRANSFER OF CONTRACTS.
(a) TRANSFER OF CONTRACTS.—Concurrent with pri-
vatization, the Corporation shall transfer to the private cor-
poration all contracts, agreements, and leases, including all
uranium enrichment contracts, that were—
(1) transferred by the Secretary to the Corpora-
tion pursuant to section 1401(b) of the Atomic En-
ergy 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 sub-
section (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 cor-
1364
poration 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, agree-
ment, or lease after any extension or material amend-
ment, 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 corpora-
tion between the privatization date and the date of a
termination, extension, or material amendment of
such contract, agreement, or lease.
1365
(d) PRICING.—The Corporation may establish prices
for its products, materials, and services provided to cus-
tomers on a basis that will allow it to attain the normal
business objectives of a profit making corporation.
SEC. 409. LIABILITIES.
(a) LIABILITY OF THE UNITED STATES.—(1) Except
as otherwise provided in this subchapter, all liabilities aris-
ing out of the operation of the uranium enrichment enter-
prise before July 1, 1993, shall remain the direct liabilities
of the Secretary.
(2) Except as provided in subsection (a)(3) or other-
wise 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 li-
abilities 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
1366
by any agent or officer of the United States in connection
with the privatization of the Corporation is hereby with-
drawn.
(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 accord-
ance 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 pre-
sented 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.—Notwithstand-
ing any provision of any agreement to which the Corpora-
tion 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 408 or any other action the Corporation is
required to take under this subchapter.
(c) LIABILITY OF THE PRIVATE CORPORATION.—Ex-
cept as provided in this subchapter, the private corporation
1367
shall be liable for any liabilities arising out of its oper-
ations 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. 410. 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 termi-
nates or changes the contractor at either or both of the gase-
ous 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
1368
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 contrac-
tor 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 con-
tractor of the private corporation) at a gaseous diffusion
plant shall—
(A) abide by the terms of any unexpired collec-
tive bargaining agreement covering employees in bar-
gaining units at the plant and in effect on the privat-
ization date until the stated expiration or termi-
nation date of the agreement; or
(B) in the event a collective bargaining agree-
ment 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
1369
it operates a gaseous diffusion plant without a contractor)
shall—
(A) offer employment to non-management em-
ployees 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 contrac-
tor’s collective bargaining agreement until the agree-
ment 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 diffu-
sion plants, the Secretary of Energy shall treat any ad-
versely affected employee of an operating contractor at ei-
ther 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 Author-
ization 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 per-
sons, as described under subparagraph (B), employed by an
operating contractor at either of the gaseous diffusion
plants in an economically efficient manner and at substan-
1370
tially the same level of coverage as eligible retirees are enti-
tled 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 operat-
ing 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 Corpora-
tion’s operating contractor on or before the privatiza-
tion date and are vested participants in a pension
plan maintained either by the Corporation’s operat-
ing 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 em-
ployment 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
1371
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 viola-
tion of an agreement between an employer and a labor orga-
nization 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 un-
fair 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 con-
troversy or the citizenship of the parties.
(b) FORMER FEDERAL EMPLOYEES.—(1)(A) An em-
ployee 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 (re-
ferred to in this section as ‘‘FERS’’) on the day imme-
diately preceding the privatization date shall elect—
1372
(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 sub-
paragraph (A)(ii) shall have the option to transfer the bal-
ance in the employee’s Thrift Savings Plan account to a
defined contribution plan under the Corporation’s retire-
ment system, consistent with applicable law and the terms
of the Corporation’s defined contribution plan.
(2) The Corporation shall pay to the Civil Service Re-
tirement and Disability Fund—
(A) such employee deductions and agency con-
tributions as are required by sections 8334, 8422, and
8423 of title 5, United States Code, for those employ-
ees 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 Man-
agement 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
1373
under CSRS pursuant to paragraph (1), with the
concept of ‘‘normal cost’’ being used consistent with
generally accepted actuarial standards and prin-
ciples; 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 Per-
sonnel 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 pri-
vatization 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 re-
quired 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 para-
1374
graph (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 con-
tributions 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 para-
graph (6) to reimburse the Office of Personnel Man-
agement 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 employ-
ees who retire from the Corporation after the privatization
date under either CSRS or FERS, for survivors of such re-
tired employees, and for survivors of employees of the Cor-
poration who die after the privatization date, with said
1375
amounts prorated to reflect only that portion of the total
service of such employees and retired persons that was per-
formed for the Corporation after the privatization date.
SEC. 411. 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 corpora-
tion on terms more favorable than those offered to the gen-
eral public—
(1) in a public offering designed to transfer own-
ership 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 pri-
vate corporation.
(b) OWNERSHIP LIMITATION.—Immediately following
the consummation of the transaction or series of trans-
actions 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 rep-
resenting more than 10 percent of the total votes of all out-
standing voting securities of the Corporation. The foregoing
limitation shall not apply to—
1376
(1) any employee stock ownership plan of the
Corporation,
(2) members of the underwriting syndicate pur-
chasing shares in stabilization transactions in con-
nection with the privatization, or
(3) in the case of shares beneficially held in the
ordinary course of business for others, any commer-
cial bank, broker-dealer, or clearing agency.
SEC. 412. 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 con-
centrates, natural uranium hexafluoride, or enriched ura-
nium 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 equiva-
lent to the natural uranium component of low-enriched ura-
nium 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 U235. Uranium hexafluoride
1377
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
U3O8 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 Execu-
tive Agent, enter into an agreement to deliver concurrently
to the Russian Executive Agent an amount of uranium
1378
hexafluoride equivalent to the natural uranium component
of such uranium. An agreement executed pursuant to a re-
quest 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 U235. 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 des-
ignated by the Russian Executive Agent. Uranium
hexafluoride delivered to the Russian Executive Agent pur-
suant 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 deliv-
ery and use in the United States only as permitted in sub-
sections (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 de-
livery of the natural uranium component of any low-en-
riched 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
1379
the Russian Executive Agent, then the United States Execu-
tive Agent shall engage an independent entity through a
competitive selection process to auction an amount of ura-
nium hexafluoride or U3O8 (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 U235. 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.
1381
United States for the purpose of overfeeding in the oper-
ations 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 responsibil-
ity for the administration and enforcement of the limita-
tions set forth in this subsection. The Secretary of Com-
merce 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 Serv-
ice 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 de-
livery 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 ura-
nium delivered under the Russian HEU Agreement is hav-
ing on the domestic uranium mining, conversion, and en-
richment industries, and the operation of the gaseous diffu-
sion plants. Such report shall include a description of ac-
tions taken or proposed to be taken by the President to pre-
vent or mitigate any material adverse impact on such in-
1382
dustries 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 Sec-
retary shall transfer to the Corporation without charge up
to 50 metric tons of enriched uranium and up to 7,000 met-
ric tons of natural uranium from the Department of Ener-
gy’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 trans-
fers authorized under subsections (c) and (e), the Secretary
may, from time to time, sell natural and low-enriched ura-
nium (including low-enriched uranium derived from highly
enriched uranium) from the Department of Energy’s stock-
pile.
1383
(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 enrich-
ment industry, taking into account the sales of ura-
nium 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 sub-
section (d)(2), the Secretary may transfer or sell enriched
uranium—
(1) to a Federal agency if the material is trans-
ferred 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.
1384
(f) SAVINGS PROVISION.—Nothing in this subchapter
shall be read to modify the terms of the Russian HEU
Agreement.
SEC. 413. 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 Regu-
latory 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,
1385
regional, or interstate compact entities for disposal of such
waste.
(3) In the event depleted uranium were ultimately de-
termined 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 gen-
erator 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.—Notwith-
standing any other provision of law, no State or interstate
compact shall be liable for the treatment, storage, or dis-
posal of any low-level radioactive waste (including mixed
waste) attributable to the operation, decontamination, and
decommissioning of any uranium enrichment facility.
SEC. 414. AVLIS.
(a) EXCLUSIVE RIGHT TO COMMERCIALIZE.—The Cor-
poration shall have the exclusive commercial right to deploy
and use any AVLIS patents, processes, and technical infor-
mation owned or controlled by the Government, upon com-
pletion of a royalty agreement with the Secretary.
1386
(b) TRANSFER OF RELATED PROPERTY TO CORPORA-
TION.—
(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 Cor-
poration 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 Corpora-
tion’s purposes regarding AVLIS and alternative
technologies for uranium enrichment, including—
(A) facilities, equipment, and materials for
research, development, and demonstration activi-
ties; and
(B) all other facilities, equipment, mate-
rials, processes, patents, technical information of
any kind, contracts, agreements, and leases.
(2) EXCEPTION.—Facilities, real estate, improve-
ments, and equipment related to the gaseous diffusion,
and gas centrifuge, uranium enrichment programs of
the Secretary shall not transfer under paragraph
(1)(B).