
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-3]

 
                 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-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, Sec. 3105, Apr. 26, 1996, 110 Stat. 1321-
337.)

                          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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2297h, 2297h-2 of this 
title.
