http://www.nara.gov/fedreg/eo1998.html#13099
Federal Register page and date: 63 FR 29335, May 28, 1998
The White House Virtual Library
Executive Orders
ESTABLISHMENT OF THE ENRICHMENT OVERSIGHT COMMITTEE
THE WHITE HOUSE
Office of the Press Secretary
________________________________________________________________________
For Immediate Release May 26, 1998
EXECUTIVE ORDER
- - - - - - -
ESTABLISHMENT OF THE ENRICHMENT OVERSIGHT COMMITTEE
By the authority vested in me as President by the Constitution and
the laws of the United States of America, and in order to further the
national security and other interests of the United States with regard
to uranium enrichment and related businesses after the privatization of
the United States Enrichment Corporation (USEC), it is ordered as
follows:
Section 1. Establishment. There is hereby established an
Enrichment Oversight Committee (EOC).
Sec. 2. Objectives. The EOC shall monitor and coordinate United
States Government efforts with respect to the privatized USEC and any
successor entities involved in uranium enrichment and related businesses
in furtherance of the following objectives:
(a) The full implementation of 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 (HEU)
Extracted from Nuclear Weapons, dated February 18, 1993 ("HEU
Agreement"), and related contracts and agreements by the USEC as
executive agent or by any other executive agents;
(b) The application of statutory, regulatory, and contractual
restrictions on foreign ownership, control, or influence in the USEC,
any successor entities, and any other executive agents;
(c) The development and implementation of United States Government
policy regarding uranium enrichment and related technologies, processes,
and data; and
(d) The collection and dissemination of information relevant to any
of the foregoing on an ongoing basis, including from the Central
Intelligence Agency and the Federal Bureau of Investigation.
Sec. 3. Organization. (a) The EOC shall be Chaired by a senior
official from the National Security Council (NSC). The Chair shall
coordinate the carrying out of the purposes and policy objectives of
this order. The EOC shall meet as often as appropriate, but at least
quarterly, and shall submit reports to the Assistant to the President
for National Security Affairs semiannually, or more frequently as
appropriate. The EOC shall prepare annually the report for the
President's transmittal to the Congress pursuant to section 3112 of the
USEC Privatization Act, Public Law 104-134, title III, 3112(b)(10), 110
Stat. 1321-344, 1321-346 (1996).
(b) The EOC shall consist of representatives from the Departments
of State, the Treasury, Defense, Justice, Commerce, Energy, and the
Office of Management and Budget, the NSC, the National Economic Council,
the Council of Economic Advisers, and the Intelligence Community. The
EOC shall formulate internal guidelines for its operations, including
guidelines for convening meetings.
(c) The EOC shall coordinate sharing of information and provide
direction, while operational responsibilities resulting from the EOC's
oversight activities will rest with EOC member agencies.
(d) At the request of the EOC, appropriate agencies, including the
Department of Energy, shall provide day-to-day support for the EOC.
Sec. 4. HEU Agreement Oversight. The EOC shall form an HEU
Agreement Oversight Subcommittee (the "Subcommittee") in order to
continue coordination of the implementation of the HEU Agreement and
related contracts and agreements, monitor actions taken by the executive
agent, and make recommendations regarding steps designed to facilitate
full implementation of the HEU Agreement, including changes with respect
to the executive agent. The Subcommittee shall be chaired by a senior
official from the NSC and shall include representatives of the
Departments of State, Defense, Justice, Commerce, and Energy, and the
Office of Management and Budget, the National Economic Council, the
Intelligence Community, and, as appropriate, the United States Trade
Representative, and the Council of Economic Advisers. The Subcommittee
shall meet as appropriate to review the implementation of the HEU
Agreement and consider steps to facilitate full implementation of that
Agreement. In particular, the Subcommittee shall:
(a) have access to all information concerning implementation of the
HEU Agreement and related contracts and agreements;
(b) monitor negotiations between the executive agent or agents and
Russian authorities on implementation of the HEU Agreement, including
the proposals of both sides on delivery schedules and on price;
(c) monitor sales of the natural uranium component of low-enriched
uranium derived from Russian HEU pursuant to applicable law;
(d) establish procedures for designating alternative executive
agents to implement the HEU Agreement;
(e) coordinate policies and procedures regarding the full
implementation of the HEU purchase agreement and related contracts and
agreements, consistent with applicable law; and
(f) coordinate the position of the United States Government on any
issues that arise in the implementation of the Memorandum of Agreement
with the USEC for the USEC to serve as the United States Government
Executive Agent under the HEU Agreement.
Sec. 5. Foreign Ownership, Control, or Influence (FOCI). The EOC
shall collect information and monitor issues relating to foreign
ownership, control, or influence of the USEC or any successor entities.
Specifically, the EOC shall:
(a) monitor the application and enforcement of the FOCI
requirements of the National Industrial Security Program established by
Executive Order 12829 with respect to the USEC and any successor
entities (see National Industrial Security Program Operating Manual,
Department of Defense 2-3 (Oct. 1994));
(b) monitor and review reports and submissions relating to FOCI
issues made by the USEC or any successor entity to the Nuclear
Regulatory Commission (NRC) under the Atomic Energy Act of 1954, 42
U.S.C. 2011 et seq . (1994), and the USEC Privatization Act, Public Law
104-134, title III, 110 Stat. 1321-335 et seq. (1996);
(c) ensure coordination with the Intelligence Community of the
collection and analysis of intelligence and ensure coordination of
intelligence with other information related to FOCI issues; and
(d) ensure coordination with the Committee on Foreign Investment in
the United States.
Sec. 6. Domestic Enrichment Services. The EOC shall collect and
analyze information related to the maintenance of domestic uranium
mining, enrichment, and conversion industries, provided that such
activities shall be undertaken in a manner that provides appropriate
protection for such information. In particular, the EOC shall:
(a) collect and review all public filings made by or with respect
to the USEC or any successor entities with the Securities and Exchange
Commission;
(b) collect information from all available sources necessary for
the preparation of the annual report to the Congress required by section
3112 of the USEC Privatization Act, as noted in section 3(a) of this
order, including information relating to plans by the USEC or any
successor entities to expand or contract materially the enrichment of
uranium-using gaseous diffusion technology;
(c) collect information relating to the development and
implementation of atomic vapor laser isotope separation technology;
(d) to the extent permitted by law, and as necessary to fulfill the
EOC's oversight functions, collect proprietary information from the
USEC, or any successor entities, provided that the collection of such
information shall be undertaken so as to minimize disruption to the
normal functioning of the private corporation. For example, such
information would include the USEC's financial statements prepared in
accordance with standards applicable to public registrants and the
executive summary of the USEC's strategic plan as shared with its Board
of Directors, as well as timely information on its unit production
costs, capacity utilization rates, average pricing and sales for the
current year and for new contracts, employment levels, overseas
activities, and research and development initiatives. Such information
shall be collected on an annual basis, with quarterly updates as
appropriate; and
(e) coordinate with relevant agencies in monitoring the levels of
natural and enriched uranium and enrichment services imported into the
United States.
Sec. 7. Coordination with the Nuclear Regulatory Commission. Upon
notification by the NRC that it seeks the views of other agencies of the
executive branch regarding determinations necessary for the issuance,
reissuance, or renewal of a certificate of compliance or license to the
privatized USEC, the EOC shall convey the relevant views of these other
agencies of the executive branch, including whether the applicant's
performance as the United States agent for the HEU Agreement is
acceptable, on a schedule consistent with the NRC's need for timely
action on such regulatory decisions.
WILLIAM J. CLINTON
THE WHITE HOUSE,
May 26, 1998.
# # #
Return to the main page
Return to the Virtual Library
The White House Help Desk
To comment on this service: feedback@www.whitehouse.gov
** uhuh ** The President said he is reducing taxes. uhuh. Congress says they are balancing the budget. uhuh. Sez who?
Web Home Page: www.uhuh.com Back to the top of this page