
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-5]

 
                 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-5. Leasing of gaseous diffusion facilities


(a) Transfer of lease

    Concurrent with privatization, the Corporation shall transfer to the 
private corporation the lease of the gaseous diffusion plants and 
related property for the remainder of the term of such lease in 
accordance with the terms of such lease.

(b) Renewal

    The private corporation shall have the exclusive option to lease the 
gaseous diffusion plants and related property for additional periods 
following the expiration of the initial term of the lease.

(c) Exclusion of facilities for production of highly enriched uranium

    The Secretary shall not lease to the private corporation any 
facilities necessary for the production of highly enriched uranium but 
may, subject to the requirements of the Atomic Energy Act of 1954 (42 
U.S.C. 2011 et seq.), grant the Corporation access to such facilities 
for purposes other than the production of highly enriched uranium.

(d) DOE responsibility for preexisting conditions

    The payment of any costs of decontamination and decommissioning, 
response actions, or corrective actions with respect to conditions 
existing before July 1, 1993, at the gaseous diffusion plants shall 
remain the sole responsibility of the Secretary.

(e) Environmental audit

    For purposes of subsection (d) of this section, the conditions 
existing before July 1, 1993, at the gaseous diffusion plants shall be 
determined from the environmental audit conducted pursuant to section 
1403(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2297c-2(e)).

(f) Treatment under Price-Anderson provisions

    Any lease executed between the Secretary and the Corporation or the 
private corporation, and any extension or renewal thereof, under this 
section shall be deemed to be a contract for purposes of section 170d. 
of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)).

(g) Waiver of EIS requirement

    The execution or transfer of the lease between the Secretary and the 
Corporation or the private corporation, and any extension or renewal 
thereof, shall not be considered to be a major Federal action 
significantly affecting the quality of the human environment for 
purposes of section 4332 of this title.

(h) Maintenance of security

                           (1) In general

        With respect to the Paducah Gaseous Diffusion Plant, Kentucky, 
    and the Portsmouth Gaseous Diffusion Plant, Ohio, the guidelines 
    relating to the authority of the Department of Energy's contractors 
    (including any Federal agency, or private entity operating a gaseous 
    diffusion plant under a contract or lease with the Department of 
    Energy) and any subcontractor (at any tier) to carry firearms and 
    make arrests in providing security at Federal installations, issued 
    under section 2201(k) of this title shall require, at a minimum, the 
    presence of all security police officers carrying sidearms at all 
    times to ensure maintenance of security at the gaseous diffusion 
    plants (whether a gaseous diffusion plant is operated directly by a 
    Federal agency or by a private entity under a contract or lease with 
    a Federal agency).

                             (2) Funding

        (A) The costs of arming and providing arrest authority to the 
    security police officers required under paragraph (1) shall be paid 
    as follows:
            (i) the Department of Energy (the ``Department'') shall pay 
        the percentage of the costs equal to the percentage of the total 
        number of employees at the gaseous diffusion plant who are: (I) 
        employees of the Department or the contractor or subcontractors 
        of the Department; or (II) employees of the private entity 
        leasing the gaseous diffusion plant who perform work on behalf 
        of the Department (including employees of a contractor or 
        subcontractor of the private entity); and
            (ii) the private entity leasing the gaseous diffusion plant 
        shall pay the percentage of the costs equal to the percentage of 
        the total number of employees at the gaseous diffusion plant who 
        are employees of the private entity (including employees of a 
        contractor or subcontractor) other than those employees who 
        perform work for the Department.

        (B) Neither the private entity leasing the gaseous diffusion 
    plant nor the Department shall reduce its payments under any 
    contract or lease or take other action to offset its share of the 
    costs referred to in subparagraph (A), and the Department shall not 
    reimburse the private entity for the entity's share of these costs.
        (C) Nothing in this subsection shall alter the Department's 
    responsibilities to pay the safety, safeguards and security costs 
    associated with the Department's highly enriched uranium activities.

(Pub. L. 104-134, title III, Sec. 3107, Apr. 26, 1996, 110 Stat. 1321-
338; Pub. L. 105-62, title V, Sec. 511, Oct. 13, 1997, 111 Stat. 1341; 
Pub. L. 105-245, title III, Sec. 310, Oct. 7, 1998, 112 Stat. 1853.)

                       References in Text

    The Atomic Energy Act of 1954, referred to in subsec. (c), 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.


                               Amendments

    1998--Subsec. (h). Pub. L. 105-245 substituted ``all security police 
officers'' for ``an adequate number of security guards'' in par. (1) and 
added par. (2).
    1997--Subsec. (h). Pub. L. 105-62 added subsec. (h).

                  Section Referred to in Other Sections

    This section is referred to in section 2297h-4 of this title.
