42 U.S.C. § 2297h — Definitions

Page 5568 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2297g–4 CODIFICATION In text, ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a et seq.)’’ and ‘‘section 3145 of title 40’’ substituted for ‘‘the Act of June 13, 1934 (40 U.S.C. 276c)’’, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. § 2297g–4. Reports to Congress Within 3 years after October 24, 1992, and at least once every 3 years thereafter, the Sec- retary shall report to the Congress on progress under this subchapter. The 5th report submitted under this section shall contain recommenda- tions of the Secretary for the reauthorization of the program and Fund under this division. (Aug. 1, 1946, ch. 724, title II, § 1805, as added Pub. L. 102–486, title XI, § 1101, Oct. 24, 1992, 106 Stat. 2955.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under this section is listed in item 7 on page 83), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. SUBCHAPTER VIII—UNITED STATES EN- RICHMENT CORPORATION PRIVATIZA- TION § 2297h. Definitions Except as provided in section 2297h–10a of this title, for purposes of this subchapter: (1) The term ‘‘AVLIS’’ means atomic vapor laser isotope separation technology. (2) The term ‘‘Corporation’’ means the United States Enrichment Corporation and, unless the context otherwise requires, includes the private corporation and any successor thereto following privatization. (3) The term ‘‘gaseous diffusion plants’’ means the Paducah Gaseous Diffusion Plant at Paducah, Kentucky and the Portsmouth Gas- eous Diffusion Plant at Piketon, Ohio. (4) The term ‘‘highly enriched uranium’’ means uranium enriched to 20 percent or more of the uranium-235 isotope. (5) The term ‘‘low-enriched uranium’’ means uranium enriched to less than 20 percent of the uranium-235 isotope, including that which is derived from highly enriched uranium. (6) The term ‘‘low-level radioactive waste’’ has the meaning given such term in section 2021b(9) of this title. (7) The term ‘‘private corporation’’ means the corporation established under section 2297h–3 of this title. (8) The term ‘‘privatization’’ means the transfer of ownership of the Corporation to private investors. (9) The term ‘‘privatization date’’ means the date on which 100 percent of the ownership of the Corporation has been transferred to pri- vate investors. (10) The term ‘‘public offering’’ means an un- derwritten offering to the public of the com- mon stock of the private corporation pursuant to section 2297h–2 of this title. (11) The ‘‘Russian HEU Agreement’’ means the Agreement Between the Government of the United States of America and the Govern- ment of the Russian Federation Concerning the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons, dated Feb- ruary 18, 1993. (12) The term ‘‘Secretary’’ means the Sec- retary of Energy. (13) The ‘‘Suspension Agreement’’ means the Agreement to Suspend the Antidumping Inves- tigation on Uranium from the Russian Federa- tion, as amended. (14) The term ‘‘uranium enrichment’’ means the separation of uranium of a given isotopic content into 2 components, 1 having a higher percentage of a fissile isotope and 1 having a lower percentage. (Pub. L. 104–134, title III, § 3102, Apr. 26, 1996, 110 Stat. 1321–335; Pub. L. 110–329, div. C, title VIII, § 8118(1), Sept. 30, 2008, 122 Stat. 3647.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, means sub- chapter A of chapter 1 of title III of Pub. L. 104–134, Apr. 26, 1996, 110 Stat. 1321–335, known as the USEC Pri- vatization 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. CODIFICATION Section was enacted as part of the USEC Privatiza- tion 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 2008—Pub. L. 110–329 substituted ‘‘Except as provided in section 2297h–10a of this title, for purposes’’ for ‘‘For purposes’’ in introductory provisions. Executive Documents EX. ORD. NO. 13085. ESTABLISHMENT OF ENRICHMENT OVERSIGHT COMMITTEE Ex. Ord. No. 13085, May 26, 1998, 63 F.R. 29335, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to further the national security and other interests of the United States with regard to uranium enrichment and related businesses after the privatization of the United States Enrichment Corpora- tion (USEC), it is ordered as follows: SECTION 1. Establishment. There is hereby established an Enrichment Oversight Committee (EOC). SEC. 2. Objectives. The EOC shall monitor and coordi- nate United States Government efforts with respect to the privatized USEC and any successor entities in- volved in uranium enrichment and related businesses in furtherance of the following objectives: (a) The full implementation of the Agreement Be- tween the Government of the United States of America and the Government of the Russian Federation Con- cerning the Disposition of Highly Enriched Uranium (HEU) Extracted from Nuclear Weapons, dated Feb- ruary 18, 1993 (‘‘HEU Agreement’’), and related con- Page 5569 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2297h tracts and agreements by the USEC as executive agent or by any other executive agents; (b) The application of statutory, regulatory, and con- tractual restrictions on foreign ownership, control, or influence in the USEC, any successor entities, and any other executive agents; (c) The development and implementation of United States Government policy regarding uranium enrich- ment and related technologies, processes, and data; and (d) The collection and dissemination of information relevant to any of the foregoing on an ongoing basis, including from the Central Intelligence Agency and the Federal Bureau of Investigation. SEC. 3. Organization. (a) The EOC shall be Chaired by a senior official from the National Security Council (NSC). The Chair shall coordinate the carrying out of the purposes and policy objectives of this order. The EOC shall meet as often as appropriate, but at least quarterly, and shall submit reports to the Assistant to the President for National Security Affairs semiannu- ally, or more frequently as appropriate. The EOC shall prepare annually the report for the President’s trans- mittal to the Congress pursuant to section 3112 of the USEC Privatization Act, Public Law 104–134, title III, 3112(b)(10), 110 Stat. 1321–344, 1321–346 (1996) [42 U.S.C. 2297h–10(b)(10)]. (b) The EOC shall consist of representatives from the Departments of State, the Treasury, Defense, Justice, Commerce, Energy, and the Office of Management and Budget, the NSC, the National Economic Council, the Council of Economic Advisers, and the Intelligence Community. The EOC shall formulate internal guide- lines for its operations, including guidelines for con- vening meetings. (c) The EOC shall coordinate sharing of information and provide direction, while operational responsibil- ities resulting from the EOC’s oversight activities will rest with EOC member agencies. (d) At the request of the EOC, appropriate agencies, including the Department of Energy, shall provide day- to-day support for the EOC. SEC. 4. HEU Agreement Oversight. The EOC shall form an HEU Agreement Oversight Subcommittee (the ‘‘Sub- committee’’) in order to continue coordination of the implementation of the HEU Agreement and related contracts and agreements, monitor actions taken by the executive agent, and make recommendations re- garding steps designed to facilitate full implementa- tion of the HEU Agreement, including changes with re- spect to the executive agent. The Subcommittee shall be chaired by a senior official from the NSC and shall include representatives of the Departments of State, Defense, Justice, Commerce, and Energy, and the Office of Management and Budget, the National Economic Council, the Intelligence Community, and, as appro- priate, the United States Trade Representative, and the Council of Economic Advisers. The Subcommittee shall meet as appropriate to review the implementation of the HEU Agreement and consider steps to facilitate full implementation of that Agreement. In particular, the Subcommittee shall: (a) have access to all information concerning imple- mentation of the HEU Agreement and related contracts and agreements; (b) monitor negotiations between the executive agent or agents and Russian authorities on implementation of the HEU Agreement, including the proposals of both sides on delivery schedules and on price; (c) monitor sales of the natural uranium component of low-enriched uranium derived from Russian HEU pursuant to applicable law; (d) establish procedures for designating alternative executive agents to implement the HEU Agreement; (e) coordinate policies and procedures regarding the full implementation of the HEU purchase agreement and related contracts and agreements, consistent with applicable law; and (f) coordinate the position of the United States Gov- ernment on any issues that arise in the implementa- tion of the Memorandum of Agreement with the USEC for the USEC to serve as the United States Government Executive Agent under the HEU Agreement. SEC. 5. Foreign Ownership, Control, or Influence (FOCI). The EOC shall collect information and monitor issues relating to foreign ownership, control, or influence of the USEC or any successor entities. Specifically, the EOC shall: (a) monitor the application and enforcement of the FOCI requirements of the National Industrial Security Program established by Executive Order 12829 [50 U.S.C. 3161 note] with respect to the USEC and any successor entities (see National Industrial Security Program Op- erating Manual, Department of Defense 2–3 (Oct. 1994)); (b) monitor and review reports and submissions relat- ing to FOCI issues made by the USEC or any successor entity to the Nuclear Regulatory Commission (NRC) under the Atomic Energy Act of 1954, 42 U.S.C. 2011 et seq. (1994), and the USEC Privatization Act, Public Law 104–134, title III, 110 Stat. 1321–335 et seq. (1996) [42 U.S.C. 2297h et seq.]; (c) ensure coordination with the Intelligence Commu- nity of the collection and analysis of intelligence and ensure coordination of intelligence with other informa- tion related to FOCI issues; and (d) ensure coordination with the Committee on For- eign Investment in the United States. SEC. 6. Domestic Enrichment Services. The EOC shall collect and analyze information related to the mainte- nance of domestic uranium mining, enrichment, and conversion industries, provided that such activities shall be undertaken in a manner that provides appro- priate protection for such information. In particular, the EOC shall: (a) collect and review all public filings made by or with respect to the USEC or any successor entities with the Securities and Exchange Commission; (b) collect information from all available sources nec- essary for the preparation of the annual report to the Congress required by section 3112 of the USEC Privat- ization Act [42 U.S.C. 2297h–10], as noted in section 3(a) of this order, including information relating to plans by the USEC or any successor entities to expand or contract materially the enrichment of uranium-using gaseous diffusion technology; (c) collect information relating to the development and implementation of atomic vapor laser isotope sepa- ration technology; (d) to the extent permitted by law, and as necessary to fulfill the EOC’s oversight functions, collect propri- etary information from the USEC, or any successor en- tities, provided that the collection of such information shall be undertaken so as to minimize disruption to the normal functioning of the private corporation. For ex- ample, such information would include the USEC’s fi- nancial statements prepared in accordance with stand- ards applicable to public registrants and the executive summary of the USEC’s strategic plan as shared with its Board of Directors, as well as timely information on its unit production costs, capacity utilization rates, av- erage pricing and sales for the current year and for new contracts, employment levels, overseas activities, and research and development initiatives. Such informa- tion shall be collected on an annual basis, with quar- terly updates as appropriate; and (e) coordinate with relevant agencies in monitoring the levels of natural and enriched uranium and enrich- ment services imported into the United States. SEC. 7. Coordination with the Nuclear Regulatory Com- mission. Upon notification by the NRC that it seeks the views of other agencies of the executive branch regard- ing determinations necessary for the issuance, reissuance, or renewal of a certificate of compliance or license to the privatized USEC, the EOC shall convey the relevant views of these other agencies of the execu- tive branch, including whether the applicant’s perform- ance as the United States agent for the HEU Agree- ment is acceptable, on a schedule consistent with the NRC’s need for timely action on such regulatory deci- sions. WILLIAM J. CLINTON. Page 5570 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2297h–1 § 2297h–1. Sale of Corporation (a) Authorization The Board of Directors of the Corporation, with the approval of the Secretary of the Treas- ury, shall transfer the interest of the United States in the United States Enrichment Cor- poration to the private sector in a manner that provides for the long-term viability of the Cor- poration, provides for the continuation by the Corporation of the operation of the Department of Energy’s gaseous diffusion plants, provides for the protection of the public interest in main- taining a reliable and economical domestic source of uranium mining, enrichment and con- version services, and, to the extent not incon- sistent with such purposes, secures the max- imum proceeds to the United States. (b) Proceeds Proceeds from the sale of the United States’ interest in the Corporation shall be deposited in the general fund of the Treasury. (Pub. L. 104–134, title III, § 3103, Apr. 26, 1996, 110 Stat. 1321–336.) Editorial Notes CODIFICATION Section was enacted as part of the USEC Privatiza- tion 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. § 2297h–2. Method of sale (a) Authorization The Board of Directors of the Corporation, with the approval of the Secretary of the Treas- ury, shall transfer ownership of the assets and obligations of the Corporation to the private corporation established under section 2297h–3 of this title (which may be consummated through a merger or consolidation effected in accordance with, and having the effects provided under, the law of the State of incorporation of the private corporation, as if the Corporation were incor- porated thereunder). (b) Board determination The Board, with the approval of the Secretary of the Treasury, shall select the method of transfer and establish terms and conditions for the transfer that will provide the maximum pro- ceeds to the Treasury of the United States and will provide for the long-term viability of the private corporation, the continued operation of the gaseous diffusion plants, and the public in- terest in maintaining reliable and economical domestic uranium mining and enrichment in- dustries. (c) Adequate proceeds The Secretary of the Treasury shall not allow the privatization of the Corporation unless be- fore the sale date the Secretary of the Treasury determines that the method of transfer will pro- vide the maximum proceeds to the Treasury consistent with the principles set forth in sec- tion 2297h–1(a) of this title. (d) Application of securities laws Any offering or sale of securities by the pri- vate corporation shall be subject to the Securi- ties Act of 1933 (15 U.S.C. 77a et seq.), the Securi- ties Exchange Act of 1934 (15 U.S.C. 78a et seq.), and the provisions of the Constitution and laws of any State, territory, or possession of the United States relating to transactions in securi- ties. (e) Expenses Expenses of privatization shall be paid from Corporation revenue accounts in the United States Treasury. (Pub. L. 104–134, title III, § 3104, Apr. 26, 1996, 110 Stat. 1321–336.) Editorial Notes REFERENCES IN TEXT The Securities Act of 1933, referred to in subsec. (d), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, which is classified generally to subchapter I (§ 77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For com- plete 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), is act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§ 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 Privatiza- tion 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. § 2297h–3. Establishment of private corporation (a) Incorporation (1) The directors of the Corporation shall es- tablish 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 oper- ations of the Corporation following privatiza- tion. (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 arti- cles of incorporation consistent with the provi- sions 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 sub- chapter, financial obligations of the private cor- poration shall not be obligations of, or guaran- teed as to principal or interest by, the Corpora- tion 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.