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EO 13085Executive OrderClinton · D Quiet signal

Executive Order 13085

Establishment of the Enrichment Oversight Committee

This executive order establishes the Enrichment Oversight Committee (EOC) to monitor and coordinate U.S. government efforts related to the privatized United States Enrichment Corporation (USEC). The EOC oversees implementation of the U.S.-Russia Highly Enriched Uranium Agreement, monitors foreign ownership restrictions, collects intelligence and proprietary business information, and coordinates with multiple agencies including the Nuclear Regulatory Commission.

Federal Register Open PDF 63 FR 29335

Impact dates

  1. Annual report to Congress per section 3112 of USEC Privatization Act

  2. Semiannual reports to Assistant to President for National Security Affairs

  3. EOC shall meet at least quarterly

  4. Proprietary information from USEC collected annually, with quarterly updates

Key directives

  • Establish EOC chaired by senior NSC official
  • Meet at least quarterly; submit semiannual reports to Assistant to President for National Security Affairs
  • Prepare annual report for President's transmittal to Congress per USEC Privatization Act section 3112
  • Form HEU Agreement Oversight Subcommittee with specified agency representation
  • Monitor FOCI requirements under EO 12829 and coordinate with CFIUS
  • Collect proprietary information from USEC annually with quarterly updates
  • Coordinate NRC views on USEC licensing decisions on timely schedule

Who is ordered

Timeline

Immediate

  • Establishment of EOC and HEU Agreement Oversight Subcommittee
  • Chair from NSC designated
  • Quarterly meetings mandated

Near term (90d)

  • EOC internal guidelines to be formulated
  • Initial information collection from USEC begins
  • First quarterly meeting to occur

Long term

  • Annual reports to Congress on USEC activities
  • Ongoing HEU Agreement implementation monitoring
  • Semiannual reports to National Security Advisor
  • Continuous FOCI and domestic enrichment industry surveillance

Risks & tensions

  • Intelligence Community (CIA/FBI) information sharing with committee overseeing private corporation raises potential proprietary/privacy concerns
  • Collection of proprietary business data from newly privatized USEC may create government-private sector friction
  • EOC coordination role vs. operational responsibilities resting with member agencies could create accountability gaps
  • Vague 'as appropriate' and 'as necessary' qualifiers in information collection may lead to scope disputes
  • Subcommittee authority to recommend 'changes with respect to the executive agent' for HEU Agreement could disrupt existing U.S.-Russia contractual arrangements
Executive Order 13085: Establishment of the Enrichment Oversight Committee · Executive Orders