
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-7]

 
                 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-7. Liabilities


(a) Liability of United States

    (1) Except as otherwise provided in this subchapter, all liabilities 
arising out of the operation of the uranium enrichment enterprise before 
July 1, 1993, shall remain the direct liabilities of the Secretary.
    (2) Except as provided in subsection (a)(3) of this section or 
otherwise provided in a memorandum of agreement entered into by the 
Corporation and the Office of Management and Budget prior to the 
privatization date, all liabilities arising out of the operation of the 
Corporation between July 1, 1993, and the privatization date shall 
remain the direct liabilities of the United States.
    (3) All liabilities arising out of the disposal of depleted uranium 
generated by the Corporation between July 1, 1993, and the privatization 
date shall become the direct liabilities of the Secretary.
    (4) Any stated or implied consent for the United States, or any 
agent or officer of the United States, to be sued by any person for any 
legal, equitable, or other relief with respect to any claim arising from 
any action taken by any agent or officer of the United States in 
connection with the privatization of the Corporation is hereby 
withdrawn.
    (5) To the extent that any claim against the United States under 
this section is of the type otherwise required by Federal statute or 
regulation to be presented to a Federal agency or official for 
adjudication or review, such claim shall be presented to the Department 
of Energy in accordance with procedures to be established by the 
Secretary. Nothing in this paragraph shall be construed to impose on the 
Department of Energy liability to pay any claim presented pursuant to 
this paragraph.
    (6) The Attorney General shall represent the United States in any 
action seeking to impose liability under this subsection.

(b) Liability of Corporation

    Notwithstanding any provision of any agreement to which the 
Corporation is a party, the Corporation shall not be considered in 
breach, default, or violation of any agreement because of the transfer 
of such agreement to the private corporation under section 2297h-6 of 
this title or any other action the Corporation is required to take under 
this subchapter.

(c) Liability of private corporation

    Except as provided in this subchapter, the private corporation shall 
be liable for any liabilities arising out of its operations after the 
privatization date.

(d) Liability of officers and directors

    (1) No officer, director, employee, or agent of the Corporation 
shall be liable in any civil proceeding to any party in connection with 
any action taken in connection with the privatization if, with respect 
to the subject matter of the action, suit, or proceeding, such person 
was acting within the scope of his employment.
    (2) This subsection shall not apply to claims arising under the 
Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities Exchange 
Act of 1934 (15 U.S.C. 78a et seq.), or under the Constitution or laws 
of any State, territory, or possession of the United States relating to 
transactions in securities.

(Pub. L. 104-134, title III, Sec. 3109, Apr. 26, 1996, 110 Stat. 1321-
339.)

                       References in Text

    The Securities Act of 1933, referred to in subsec. (d)(2), is act 
May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is 
classified generally to subchapter I (Sec. 77a et seq.) of chapter 2A of 
Title 15, Commerce and Trade. For complete classification of this Act to 
the Code, see section 77a of Title 15 and Tables.
    The Securities Exchange Act of 1934, referred to in subsec. (d)(2), 
is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is 
classified principally to chapter 2B (Sec. 78a et seq.) of Title 15. For 
complete classification of this Act to the Code, see section 78a of 
Title 15 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.
