
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2297h-12]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
            Division B--United States Enrichment Corporation
 
   SUBCHAPTER VIII--UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
 
Sec. 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) of this section, 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, Sec. 3114, Apr. 26, 1996, 110 Stat. 1321-
348.)

                       References in 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, Sec. 1, 
68 Stat. 921, and amended, which is classified generally to this chapter 
(Sec. 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.

                          Codification

    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.
