1387
(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 157 b. (3) of the Atomic Energy Act of 1954
(42 U.S.C. 2187(b)(3)), or any settlements or judgments in-
volving 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 off-
set any payments, awards, settlements, or judgments under
this subsection.
SEC. 415. APPLICATION OF CERTAIN LAWS.
(a) OSHA.—(1) As of the privatization date, the pri-
vate 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 Occu-
pational 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, inves-
1388
tigation, enforcement, and rulemaking relating to such haz-
ards.
(b) ANTITRUST LAWS.—For purposes of the antitrust
laws, the performance by the private corporation of a
‘‘matched import’’ contract under the Suspension Agree-
ment shall be considered to have occurred prior to the pri-
vatization date, if at the time of privatization, such con-
tract had been agreed to by the parties in all material terms
and confirmed by the Secretary of Commerce under the Sus-
pension Agreement.
(c) ENERGY REORGANIZATION ACT REQUIREMENTS.—
(1) The private corporation and its contractors and sub-
contractors 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 Reor-
ganization Act of 1974 (42 U.S.C. 5846) shall apply to the
directors and officers of the private corporation.
SEC. 416. AMENDMENTS TO THE ATOMIC ENERGY ACT.
(a) REPEAL.—(1) Chapters 22 through 26 of the Atom-
ic Energy Act of 1954 (42 U.S.C. 2297–2297e–7) are re-
pealed as of the privatization date.
1389
(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 strik-
ing ‘‘or the construction and operation of a uranium en-
richment facility using Atomic Vapor Laser Isotope Sepa-
ration 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 compli-
ance may be issued to the United States Enrichment Cor-
poration 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 eco-
nomical 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:
1390
‘‘(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 de-
termined by the Commission, but not less than every
5 years. The Commission shall review any such appli-
cation and any determination made under subsection
(b)(2) shall be based on the results of any such re-
view.’’.
(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 ‘‘in-
cluding’’, and
(2) by striking ‘‘sections 53 and 63’’ and insert-
ing ‘‘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).
1391
‘‘(2) Any final order allowing or prohibiting a
facility to begin operating under a combined con-
struction and operating license.
‘‘(3) Any final order establishing by regulation
standards to govern the Department of Energy’s gase-
ous 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 cor-
poration established under the USEC Privatization
Act, are in compliance with the Commission’s stand-
ards governing the gaseous diffusion plants and all
applicable laws.’’.
(d) CIVIL PENALTIES.—Section 234 a. 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 provi-
sion 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’’.
1392
(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. 417. 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.
SUBCHAPTER E—STRATEGIC PETROLEUM RESERVE
SEC. 431. SALE OF WEEKS ISLAND OIL.
Notwithstanding section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241), the Secretary of Energy
shall draw down and sell in fiscal year 1996, $292,000,000
worth of oil formerly contained in the Weeks Island Strate-
gic Petroleum Reserve.
1393
CHAPTER 4
DEPARTMENTS OF VETERANS AFFAIRS AND
HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES
DEPARTMENT OF VETERANS AFFAIRS
DEPARTMENTAL ADMINISTRATION
CONSTRUCTION, MAJOR PROJECTS
In addition to funds provided elsewhere in this Act,
$16,000,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, the Sec-
retary of Veterans Affairs is authorized to carry out the
design and construction of a medical research addition at
the Department of Veterans Affairs Medical Center in Port-
land, Oregon in the amount of $32,100,000.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
HOUSING PROGRAMS
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
In addition to funds provided elsewhere in this Act,
$200,000,000, to remain available until expended: Pro-
vided, That $150,000,000 of such sum shall be available for
purposes authorized by section 202 of the Housing Act of
1959, and $50,000,000 shall be available for purposes au-
thorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act: Provided further, That all such
1394
sums shall be available only to provide for rental subsidy
terms of a longer duration than would otherwise be per-
mitted by this Act.
PUBLIC HOUSING DEMOLITION, SITE REVITALIZATION, AND
REPLACEMENT HOUSING GRANTS
In addition to funds provided elsewhere in this Act,
$120,000,000, to remain available until expended.
PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING
PROJECTS
In addition to funds provided elsewhere in this Act,
$50,000,000.
MANAGEMENT AND ADMINISTRATION DEPARTMENTAL
RESTRUCTURING FUND
In addition to funds provided elsewhere in this Act,
$20,000,000, to remain available until September 30, 1997,
to facilitate the down-sizing, streamlining, and restructur-
ing of the Department of Housing and Urban Development,
and to reduce overall departmental staffing to 7,500 full-
time equivalents in fiscal year 2000: Provided, That such
sum shall be available only for personnel training (includ-
ing travel associated with such training), costs associated
with the transfer of personnel from headquarters and re-
gional offices to the field, and for necessary costs to acquire
and upgrade information system infrastructure in support
of Departmental field staff: Provided further, That not less
than 60 days following enactment of this Act, the Secretary
1395
shall transmit to the Appropriations Committees of the
Congress a report which specifies a plan and schedule for
the utilization of these funds for personnel reductions and
transfers in order to reduce headquarters on-board staffing
levels to 3,100 by December 31, 1996, and 2,900 by October
1, 1997: Provided further, That by February 1, 1997 the
Secretary shall certify to the Congress that headquarters on-
board staffing levels did not exceed 3,100 on December 31,
1996 and submit a report which details obligations and ex-
penditures of funds made available hereunder: Provided fur-
ther, That if the certification of headquarters personnel re-
ductions required by this Act is not made by February 1,
1997, all remaining unobligated funds available under this
paragraph shall be rescinded.
CLARIFICATION OF BLOCK GRANTS IN NEW YORK
(a) All funds allocated for the State of New York for
fiscal years 1995, 1996, and all subsequent fiscal years,
under the HOME investment partnerships program, as au-
thorized under title II of the Cranston-Gonzalez National
Affordable Housing Act (Public law 101–625) shall be made
available to the Chief Executive Officer of the State, or an
entity designated by the Chief Executive Officer, to be used
for activities in accordance with the requirements of the
HOME investment partnerships program, notwithstanding
the Memorandum from the General Counsel of the Depart-
1396
ment of Housing and Urban Development dated March 5,
1996.
(b) The Secretary of Housing and Urban Development
shall award funds made available for fiscal year 1996 for
grants allocated for the State of New York for a community
development grants program as authorized by title I of the
Housing and Community Development Act of 1974, as
amended (42 U.S.C. 5301), in accordance with the require-
ments established under the Notice of Funding Availability
for fiscal year 1995 for the New York State Small Cities
Community Development Block Grant Program.
INDEPENDENT AGENCIES
ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
In addition to funds provided elsewhere in this Act,
$12,000,000, to remain available until September 30, 1997.
BUILDINGS AND FACILITIES
In addition to funds provided elsewhere in this Act,
$50,000,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, EPA is
authorized to establish and construct a consolidated re-
search facility at Research Triangle Park, North Carolina,
at a maximum total construction cost of $232,000,000, and
to obligate such monies as are made available by this Act,
and hereafter, for this purpose.
1397
STATE AND TRIBAL ASSISTANCE GRANTS
In addition to funds provided elsewhere in this Act,
$100,000,000, to remain available until expended, for cap-
italization grants for State revolving funds to support
water infrastructure financing: Provided, That of the funds
made available by this paragraph, $50,000,000 shall be for
drinking water State revolving funds, but if no drinking
water State revolving fund legislation is enacted by June
1, 1996, these funds shall immediately be available for mak-
ing capitalization grants under title VI of the Federal
Water Pollution Control Act, as amended.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SPACE, AERONAUTICS AND TECHNOLOGY
In addition to funds provided elsewhere in this Act,
$83,000,000, to remain available until September 30, 1997.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
In addition to funds provided elsewhere in this Act,
$40,000,000, to remain available until September 30, 1997.
GENERAL PROVISIONS
SEC. 4001. No part of any appropriation contained
in this title shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
SEC. 4002. No part of any appropriation contained
in this title shall be made available for obligation or ex-
1398
penditure, nor any authority granted herein be effective,
until the enactment into law of a subsequent Act entitled
‘‘An Act Incorporating an Agreement Between the President
and Congress Relative to Federal Expenditures in Fiscal
Year 1996 and Future Fiscal Years’’.
SEC. 4003. (a) This section may be cited as the ‘‘Fed-
eral Prohibition of Female Genital Mutilation Act of 1996’’.
(b) Congress finds that—
(1) the practice of female genital mutilation is
carried out by members of certain cultural and reli-
gious groups within the United States;
(2) the practice of female genital mutilation
often results in the occurrence of physical and psycho-
logical health effects that harm the women involved;
(3) such mutilation infringes upon the guaran-
tees of rights secured by Federal and State law, both
statutory and constitutional;
(4) the unique circumstances surrounding the
practice of female genital mutilation place it beyond
the ability of any single State or local jurisdiction to
control;
(5) the practice of female genital mutilation can
be prohibited without abridging the exercise of any
rights guaranteed under the First Amendment to the
Constitution or under any other law; and
1399
(6) Congress has the affirmative power under
section 8 of article I of the Constitution, as well as
under section 5 of the Fourteenth Amendment to the
Constitution, to enact such legislation.
(c) It is the purpose of this section to protect and pro-
mote the public safety and health and activities affecting
interstate commerce by establishing Federal criminal pen-
alties for the performance of female genital mutilation.
(d)(1) Chapter 7 of title 18, United States Code, is
amended by adding at the end the following new section:
‘‘§ 116. Female genital mutilation
‘‘(a) Except as provided in subsection (b), whoever
knowingly circumcises, excises, or infibulates the whole or
any part of the labia majora or labia minora or clitoris
of another person who has not attained the age of 18 years
shall be fined under this title or imprisoned not more than
5 years, or both.
‘‘(b) A surgical operation is not a violation of this sec-
tion if the operation is—
‘‘(1) necessary to the health of the person on
whom it is performed, and is performed by a person
licensed in the place of its performance as a medical
practitioner; or
‘‘(2) performed on a person in labor or who has
just given birth and is performed for medical pur-