dreamproit/uscode huggingface dataset:
42 U.S.C. § 2297h–3 (THE PUBLIC HEALTH AND WELFARE)
§ 2297h–3. Establishment of private corporation
(a) Incorporation
(1) The directors of the Corporation shall establish a private for-profit corporation under the laws of a State for the purpose of receiving the assets and obligations of the Corporation at privatization and continuing the business operations of the Corporation following privatization.
(2) The directors of the Corporation may serve as incorporators of the private corporation and shall take all steps necessary to establish the private corporation, including the filing of articles of incorporation consistent with the provisions of this subchapter.
(3) Employees and officers of the Corporation (including members of the Board of Directors) acting in accordance with this section on behalf of the private corporation shall be deemed to be acting in their official capacities as employees or officers of the Corporation for purposes of section 205 of title 18.
(b) Status of private corporation
(1) The private corporation shall not be an agency, instrumentality, or establishment of the United States, a Government corporation, or a Government-controlled corporation.
(2) Except as otherwise provided by this subchapter, financial obligations of the private corporation shall not be obligations of, or guaranteed as to principal or interest by, the Corporation or the United States, and the obligations shall so plainly state.
(3) No action under section 1491 of title 28 shall be allowable against the United States based on actions of the private corporation.
(c) Application of post-Government employment restrictions
Beginning on the privatization date, the restrictions stated in section 207(a), (b), (c), and (d) of title 18 shall not apply to the acts 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 Corporation (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 dissolution 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.
(Pub. L. 104–134, title III, § 3105, Apr. 26, 1996, 110 Stat. 1321–337.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in subsecs. (a)(2) and (b)(2), means subchapter A of chapter 1 of title III of Pub. L. 104–134, Apr. 26, 1996, 110 Stat. 1321–335, known as the USEC Privatization Act, which is classified principally to this subchapter. For complete classification of subchapter A to the Code, see Short Title of 1996 Amendment note set out under section 2011 of this title and Tables.
heading: Codification
text: Section was enacted as part of the USEC Privatization Act and also as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
42 U.S.C. § 2297h–4 (THE PUBLIC HEALTH AND WELFARE)
§ 2297h–4. Transfers to 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 2297h–5 of this title,
(2) all personal property and inventories of the Corporation,
(3) all contracts, agreements, and leases under section 2297h–6(a) of this title,
(4) the Corporation’s right to purchase power from the Secretary under section 2297h–6(b) of this title,
(5) such funds in accounts of the Corporation held by the Treasury or on deposit with any bank or other financial institution as approved by the Secretary of the Treasury, and
(6) all of the Corporation’s records, including all of the papers and other documentary materials, regardless of physical form or characteristics, made or received by the Corporation.
(Pub. L. 104–134, title III, § 3106, Apr. 26, 1996, 110 Stat. 1321–338.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the USEC Privatization Act and also as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
42 U.S.C. § 2297h–6 (THE PUBLIC HEALTH AND WELFARE)
§ 2297h–6. Transfer of contracts
(a) Transfer of contracts
Concurrent with privatization, the Corporation shall transfer to the private corporation all contracts, agreements, and leases, including all uranium enrichment contracts, that were—
(1) transferred by the Secretary to the Corporation pursuant to section 2297c(b) of this title, 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 subsection (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 corporation 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, agreement, or lease after any extension or material amendment, 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 corporation between the privatization date and the date of a termination, extension, or material amendment of such contract, agreement, or lease.
(d) Pricing
The Corporation may establish prices for its products, materials, and services provided to customers on a basis that will allow it to attain the normal business objectives of a profit making corporation.
(Pub. L. 104–134, title III, § 3108, Apr. 26, 1996, 110 Stat. 1321–339.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the USEC Privatization Act and also as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
42 U.S.C. § 2297h–9 (THE PUBLIC HEALTH AND WELFARE)
§ 2297h–9. 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 corporation on terms more favorable than those offered to the general public—
(1) in a public offering designed to transfer ownership 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 private corporation.
(b) Ownership limitation
Immediately following the consummation of the transaction or series of transactions 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 representing more than 10 percent of the total votes of all outstanding voting securities of the Corporation. The foregoing limitation shall not apply to—
(1) any employee stock ownership plan of the Corporation,
(2) members of the underwriting syndicate purchasing shares in stabilization transactions in connection with the privatization, or
(3) in the case of shares beneficially held in the ordinary course of business for others, any commercial bank, broker-dealer, or clearing agency.
(Pub. L. 104–134, title III, § 3111, Apr. 26, 1996, 110 Stat. 1321–343.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the USEC Privatization Act and also as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
42 U.S.C. § 2297h–10b (THE PUBLIC HEALTH AND WELFARE)
§ 2297h–10b. Secretarial determinations; congressional notification
(a) Secretarial determinations
In this fiscal year, and in each subsequent fiscal year, any determination (including a determination made prior to December 16, 2014) by the Secretary of Energy under section 2297h–10(d)(2)(B) of this title shall be valid for not more than 2 calendar years subsequent to such determination.
(b) Congressional notification
In this fiscal year, and in each subsequent fiscal year, not less than 30 days prior to the provision of uranium in any form the Secretary of Energy shall notify the Committees on Appropriations of the House of Representatives and the Senate of the following—
(1) the provisions of law (including regulations) authorizing the provision of uranium;
(2) the amount of uranium to be provided;
(3) an estimate by the Secretary of Energy of the gross fair market value of the uranium on the expected date of the provision of the uranium;
(4) the expected date of the provision of the uranium;
(5) the recipient of the uranium;
(6) the value the Secretary of Energy expects to receive in exchange for the uranium, including any adjustments to the gross fair market value of the uranium; and
(7) whether the uranium to be provided is encumbered by any restriction on use under an international agreement or otherwise.
(Pub. L. 113–235, div. D, title III, § 306, Dec. 16, 2014, 128 Stat. 2324.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2015, and also as part of the Consolidated and Further Continuing Appropriations Act, 2015, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
42 U.S.C. § 2297h–11 (THE PUBLIC HEALTH AND WELFARE)
§ 2297h–11. 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 Regulatory Commission to operate a uranium enrichment facility under sections 2073, 2093, and 2243 of this title.
(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, regional, or interstate compact entities for disposal of such waste.
(3) In the event depleted uranium were ultimately determined 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.
(4) In the event that a licensee requests the Secretary to accept for disposal depleted uranium pursuant to this subsection, the Secretary shall be required to take title to and possession of such depleted uranium at an existing DUF6 storage facility.
(b) Agreements with other persons
The generator 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
Notwithstanding any other provision of law, no State or interstate compact shall be liable for the treatment, storage, or disposal of any low-level radioactive waste (including mixed waste) attributable to the operation, decontamination, and decommissioning of any uranium enrichment facility.
(Pub. L. 104–134, title III, § 3113, Apr. 26, 1996, 110 Stat. 1321–347; Pub. L. 108–447, div. C, title III, § 311, Dec. 8, 2004, 118 Stat. 2959.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the USEC Privatization Act and also as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
heading: Amendments
text: 2004—Subsec. (a)(4). Pub. L. 108–447, § 311, which directed the addition of par. (4) to subsec. (a) of section 3113 of Public Law 102–486 (42 U.S.C. 2297h–11), was executed by adding par. (4) to subsec. (a) of this section, which is section 3113 of Pub. L. 104–134, to reflect the probable intent of Congress.
42 U.S.C. § 2297h–12 (THE PUBLIC HEALTH AND WELFARE)
§ 2297h–12. AVLIS
(a) Exclusive right to commercialize
The Corporation shall have the exclusive commercial right to deploy and use any AVLIS patents, processes, and technical information owned or controlled by the Government, upon completion of a royalty agreement with the Secretary.
(b) Transfer of related property to Corporation
(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 Corporation 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 Corporation’s purposes regarding AVLIS and alternative technologies for uranium enrichment, including—
(A) facilities, equipment, and materials for research, development, and demonstration activities; and
(B) all other facilities, equipment, materials, processes, patents, technical information of any kind, contracts, agreements, and leases.
(2) Exception
Facilities, real estate, improvements, and equipment related to the gaseous diffusion, and gas centrifuge, uranium enrichment programs of the Secretary shall not transfer under paragraph (1)(B).
(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 157b.(3) of the Atomic Energy Act of 1954 (42 U.S.C. 2187(b)(3)), or any settlements or judgments involving 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 offset any payments, awards, settlements, or judgments under this subsection.
(Pub. L. 104–134, title III, § 3114, Apr. 26, 1996, 110 Stat. 1321–348.)
heading: Editorial Notes
heading: References in Text
text: The Atomic Energy Act of 1954, referred to in subsec. (b)(1), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to this chapter (§ 2011 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
heading: Codification
text: Section was enacted as part of the USEC Privatization Act and also as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
42 U.S.C. § 2297h–13 (THE PUBLIC HEALTH AND WELFARE)
§ 2297h–13. Application of certain laws
(a) OSHA
(1) As of the privatization date, the private 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 Occupational Safety and Health Administration shall, within 90 days after April 26, 1996, 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, investigation, enforcement, and rulemaking relating to such hazards.
(b) Antitrust laws
For purposes of the antitrust laws, the performance by the private corporation of a “matched import” contract under the Suspension Agreement shall be considered to have occurred prior to the privatization date, if at the time of privatization, such contract had been agreed to by the parties in all material terms and confirmed by the Secretary of Commerce under the Suspension Agreement.
(c) Energy Reorganization Act requirements
(1) The private corporation and its contractors and subcontractors shall be subject to the provisions of section 5851 of this title 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 5846 of this title shall apply to the directors and officers of the private corporation.
(Pub. L. 104–134, title III, § 3115, Apr. 26, 1996, 110 Stat. 1321–348.)
heading: Editorial Notes
heading: References in Text
text: The Occupational Safety and Health Act of 1970, referred to in subsec. (a)(1), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, as amended, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.
heading: Codification
text: Section was enacted as part of the USEC Privatization Act and also as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
42 U.S.C. § 2301 (THE PUBLIC HEALTH AND WELFARE)
§ 2301. Congressional declaration of policy
It is declared to be the policy of the United States of America that Government ownership and management of the communities owned by the Atomic Energy Commission shall be terminated in an expeditious manner which is consistent with and will not impede the accomplishment of the purposes and programs established by the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]. To that end, it is desired at each community to—
(a) facilitate the establishment of local self-government;
(b) provide for the orderly transfer to local entities of municipal functions, municipal installations, and utilities; and
(c) provide for the orderly sale to private purchasers of property within those communities with a minimum of dislocation.
(Aug. 4, 1955, ch. 543, ch. 1, § 11, 69 Stat. 472.)
heading: Editorial Notes
heading: References in Text
text: The Atomic Energy Act of 1954, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Act Aug. 4, 1955, ch. 543, § 1, 69 Stat. 471, provided that: “This Act [enacting this chapter and amending section 1715n of Title 12, Banks and Banking, and section 243 of Title 20, Education] may be cited as the ‘Atomic Energy Community Act of 1955’.”
heading: Separability
text: Act Aug. 4, 1955, ch. 543, ch. 11, § 119, 69 Stat. 484, provided that: “If any provisions of this Act [see Short Title note above], or the application of such provision to any person or circumstances, is held invalid, the remainder of this Act or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.”
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
42 U.S.C. § 2302 (THE PUBLIC HEALTH AND WELFARE)
§ 2302. Congressional findings
The Congress of the United States makes the following findings concerning the communities owned by the Atomic Energy Commission:
(a) The continued morale of project-connected persons is essential to the common defense and security of the United States.
(b) In issuing rules and regulations required or permitted under this chapter for the disposal of the communities and in disposing of the communities in accordance with the provisions of this chapter and in accordance with the rules and regulations required or permitted by this chapter, the Commission is acting under authority delegated to it by the Congress.
(c) Funds of the United States may be provided for the disposal of the communities and for assistance in the operation of the communities thereafter under conditions which will provide for the common defense and promote the general welfare.
(Aug. 4, 1955, ch. 543, ch. 1, § 12, 69 Stat. 472.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
42 U.S.C. § 2305 (THE PUBLIC HEALTH AND WELFARE)
§ 2305. Powers of Atomic Energy Commission
The Commission shall have all powers conferred by the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], including the power to make, promulgate, issue, rescind, and amend such rules, regulations, and delegations as may be appropriate to carry out the provisions of this chapter and shall be subject to the limitations contained in chapter 14 of that Act [42 U.S.C. 2201 et seq.]. Nothing contained in this chapter shall impair the powers vested in the Commission by the Atomic Energy Act of 1954, as amended, or any other law.
(Aug. 4, 1955, ch. 543, ch. 11, § 111, 69 Stat. 483.)
heading: Statutory Notes and Related Subsidiaries
heading: References in Text
text: The Atomic Energy Act of 1954, as amended, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. Chapter 14 of that Act, referred to in text, is classified to subchapter XIII (§ 2201 et seq.) of division A of chapter 23 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.