Collapse to view only § 2297h-7. Liabilities
- § 2121. Authority of Commission
- § 2122. Prohibitions governing atomic weapons
- § 2122a. Repealed.
- § 2123. Transferred
- § 2297h. Definitions
- § 2297h-1. Sale of Corporation
- § 2297h-2. Method of sale
- § 2297h-3. Establishment of private corporation
- § 2297h-4. Transfers to private corporation
- § 2297h-5. Leasing of gaseous diffusion facilities
- § 2297h-6. Transfer of contracts
- § 2297h-7. Liabilities
- § 2297h-8. Employee protections
- § 2297h-9. Ownership limitations
- § 2297h-10. Uranium transfers and sales
- § 2297h-10a. Incentives for additional downblending of highly enriched uranium by the Russian Federation
- § 2297h-10b. Secretarial determinations; congressional notification
- § 2297h-11. Low-level waste
- § 2297h-12. AVLIS
- § 2297h-13. Application of certain laws
§ 2121. Authority of Commission
(a) Research and development; weapons production; hazardous wastes; transfers of technologies
The Commission is authorized to—
(1) conduct experiments and do research and development work in the military application of atomic energy;
(2) engage in the production of atomic weapons, or atomic weapon parts, except that such activities shall be carried on only to the extent that the express consent and direction of the President of the United States has been obtained, which consent and direction shall be obtained at least once each year;
(3) provide for safe storage, processing, transportation, and disposal of hazardous waste (including radioactive waste) resulting from nuclear materials production, weapons production and surveillance programs, and naval nuclear propulsion programs;
(4) carry out research on and development of technologies needed for the effective negotiation and verification of international agreements on control of special nuclear materials and nuclear weapons; and
(5) under applicable law (other than this paragraph) and consistent with other missions of the Department of Energy, make transfers of federally owned or originated technology to State and local governments, private industry, and universities or other nonprofit organizations so that the prospects for commercialization of such technology are enhanced.
(b) Material for Department of Defense use
(c) Sale, lease, or loan to other Nations of materials for military applications
The President may authorize the Commission or the Department of Defense, with the assistance of the other, to cooperate with another nation and, notwithstanding the provisions of section 2077, 2092, or 2111 of this title, to transfer by sale, lease, or loan to that nation, in accordance with terms and conditions of a program approved by the President—
(1) nonnuclear parts of atomic weapons provided that such nation has made substantial progress in the development of atomic weapons, and other nonnuclear parts of atomic weapons systems involving Restricted Data provided that such transfer will not contribute significantly to that nation’s atomic weapon design, development, or fabrication capability; for the purpose of improving that nation’s state of training and operational readiness;
(2) utilization facilities for military applications; and
(3) source, byproduct, or special nuclear material for research on, development of, production of, or use in utilization facilities for military applications; and
(4) source, byproduct, or special nuclear material for research on, development of, or use in atomic weapons: Provided, however, That the transfer of such material to that nation is necessary to improve its atomic weapon design, development, or fabrication capability: And provided further, That such nation has made substantial progress in the development of atomic weapons,
whenever the President determines that the proposed cooperation and each proposed transfer arrangement for the nonnuclear parts of atomic weapons and atomic weapons systems, utilization facilities or source, byproduct, or special nuclear material will promote and will not constitute an unreasonable risk to the common defense and security, while such other nation is participating with the United States pursuant to an international arrangement by substantial and material contributions to the mutual defense and security: Provided, however, That the cooperation is undertaken pursuant to an agreement entered into in accordance with section 2153 of this title: And provided further, That if an agreement for cooperation arranged pursuant to this subsection provides for transfer of utilization facilities for military applications the Commission, or the Department of Defense with respect to cooperation it has been authorized to undertake, may authorize any person to transfer such utilization facilities for military applications in accordance with the terms and conditions of this subsection and of the agreement for cooperation.
(Aug. 1, 1946, ch. 724, title I, § 91, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 936; amended Pub. L. 85–479, § 1, July 2, 1958, 72 Stat. 276; Pub. L. 101–189, div. C, title XXXI, § 3157, Nov. 29, 1989, 103 Stat. 1684; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
§ 2122. Prohibitions governing atomic weapons
(a) It shall be unlawful, except as provided in section 2121 of this title, for any person, inside or outside of the United States, to knowingly participate in the development of, manufacture, produce, transfer, acquire, receive, possess, import, export, or use, or possess and threaten to use, any atomic weapon. Nothing in this section shall be deemed to modify the provisions of section 2051(a) or 2131 of this title.
(b) Whoever knowingly and willfully impedes the passage of a vehicle of a nuclear materials courier (as defined in section 8331 of title 5) engaged in the transport of any atomic weapon, special nuclear material, atomic weapon component, or Restricted Data shall be subject to arrest and imposition of a criminal fine of not more than $1,000.
(c) Conduct prohibited by subsections 1
1 So in original. Probably should be “subsection”.
(a) or (b) is within the jurisdiction of the United States if—(1) the offense occurs in or affects interstate or foreign commerce; the offense occurs outside of the United States and is committed by a national of the United States;
(2) the offense is committed against a national of the United States while the national is outside the United States;
(3) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or
(4) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.
(d) The Attorney General shall have primary investigative authority for any violation of this section.
(Aug. 1, 1946, ch. 724, title I, § 92, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 936; amended Pub. L. 85–479, § 2, July 2, 1958, 72 Stat. 277; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 108–458, title VI, §§ 6803(b), 6904(a), Dec. 17, 2004,
§ 2122a. Repealed. Pub. L. 106–65, div. C, title XXXII, § 3294(e)(1)(A), Oct. 5, 1999, 113 Stat. 970
§ 2123. Transferred
§ 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 Gaseous 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 private investors.
(10) The term “public offering” means an underwritten offering to the public of the common 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 Government of the Russian Federation Concerning the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons, dated February 18, 1993.
(12) The term “Secretary” means the Secretary of Energy.
(13) The “Suspension Agreement” means the Agreement to Suspend the Antidumping Investigation on Uranium from the Russian Federation, as amended.
(14) The term “uranium enrichment” means the separation of uranium of a given isotopic span 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.)
§ 2297h–1. Sale of Corporation
(a) Authorization
(b) Proceeds
(Pub. L. 104–134, title III, § 3103, Apr. 26, 1996, 110 Stat. 1321–336.)
§ 2297h–2. Method of sale
(a) Authorization
(b) Board determination
(c) Adequate proceeds
(d) Application of securities laws
(e) Expenses
(Pub. L. 104–134, title III, § 3104, Apr. 26, 1996, 110 Stat. 1321–336.)
§ 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
(d) Dissolution
(Pub. L. 104–134, title III, § 3105, Apr. 26, 1996, 110 Stat. 1321–337.)
§ 2297h–4. Transfers to private corporation
Concurrent with privatization, the Corporation shall transfer to the private corporation—
(1) the lease of the gaseous diffusion plants in accordance with section 2297h–5 of this title,
(2) all personal property and inventories of the Corporation,
(3) all contracts, agreements, and leases under section 2297h–6(a) of this title,
(4) the Corporation’s right to purchase power from the Secretary under section 2297h–6(b) of this title,
(5) such funds in accounts of the Corporation held by the Treasury or on deposit with any bank or other financial institution as approved by the Secretary of the Treasury, and
(6) all of the Corporation’s records, including all of the papers and other documentary materials, regardless of physical form or characteristics, made or received by the Corporation.
(Pub. L. 104–134, title III, § 3106, Apr. 26, 1996, 110 Stat. 1321–338.)
§ 2297h–5. Leasing of gaseous diffusion facilities
(a) Transfer of lease
(b) Renewal
(c) Exclusion of facilities for production of highly enriched uranium
(d) DOE responsibility for preexisting conditions
(e) Environmental audit
(f) Treatment under Price-Anderson provisions
(g) Waiver of EIS requirement
(h) Maintenance of security
(1) In general
(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, § 3107, Apr. 26, 1996, 110 Stat. 1321–338; Pub. L. 105–62, title V, § 511, Oct. 13, 1997, 111 Stat. 1341; Pub. L. 105–245, title III, § 310, Oct. 7, 1998, 112 Stat. 1853.)
§ 2297h–6. Transfer of contracts
(a) Transfer of contractsConcurrent with privatization, the Corporation shall transfer to the private corporation all contracts, agreements, and leases, including all uranium enrichment contracts, that were—
(1) transferred by the Secretary to the Corporation pursuant to section 2297c(b) of this title, or
(2) entered into by the Corporation before the privatization date.
(b) Nontransferable power contracts
(c) Effect of transfer
(1) Notwithstanding subsection (a), the United States shall remain obligated to the parties to the contracts, agreements, and leases transferred under subsection (a) for the performance of its obligations under such contracts, agreements, or leases during their terms. Performance of such obligations by the private corporation shall be considered performance by the United States.
(2) If a contract, agreement, or lease transferred under subsection (a) is terminated, extended, or materially amended after the privatization date—
(A) the private corporation shall be responsible for any obligation arising under such contract, agreement, or lease after any extension or material amendment, and
(B) the United States shall be responsible for any obligation arising under the contract, agreement, or lease before the termination, extension, or material amendment.
(3) The private corporation shall reimburse the United States for any amount paid by the United States under a settlement agreement entered into with the consent of the private corporation or under a judgment, if the settlement or judgment—
(A) arises out of an obligation under a contract, agreement, or lease transferred under subsection (a), and
(B) arises out of actions of the private corporation between the privatization date and the date of a termination, extension, or material amendment of such contract, agreement, or lease.
(d) Pricing
(Pub. L. 104–134, title III, § 3108, Apr. 26, 1996, 110 Stat. 1321–339.)
§ 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) 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
(c) Liability of private corporation
(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, § 3109, Apr. 26, 1996, 110 Stat. 1321–339.)
§ 2297h–8. Employee protections
(a) Contractor employees
(1) Privatization shall not diminish the accrued, vested pension benefits of employees of the Corporation’s operating contractor at the two gaseous diffusion plants.
(2) In the event that the private corporation terminates or changes the contractor at either or both of the gaseous diffusion plants, the plan sponsor or other appropriate fiduciary of the pension plan covering employees of the prior operating contractor shall arrange for the transfer of all plan assets and liabilities relating to accrued pension benefits of such plan’s participants and beneficiaries from such plant to a pension plan sponsored by the new contractor or the private corporation or a joint labor-management plan, as the case may be.
(3) In addition to any obligations arising under the National Labor Relations Act (29 U.S.C. 151 et seq.), any employer (including the private corporation if it operates a gaseous diffusion plant without a contractor or any contractor of the private corporation) at a gaseous diffusion plant shall—
(A) abide by the terms of any unexpired collective bargaining agreement covering employees in bargaining units at the plant and in effect on the privatization date until the stated expiration or termination date of the agreement; or
(B) in the event a collective bargaining agreement is not in effect upon the privatization date, have the same bargaining obligations under section 8(d) of the National Labor Relations Act (29 U.S.C. 158(d)) as it had immediately before the privatization date.
(4) If the private corporation replaces its operating contractor at a gaseous diffusion plant, the new employer (including the new contractor or the private corporation if it operates a gaseous diffusion plant without a contractor) shall—
(A) offer employment to non-management employees of the predecessor contractor to the extent that their jobs still exist or they are qualified for new jobs, and
(B) abide by the terms of the predecessor contractor’s collective bargaining agreement until the agreement expires or a new agreement is signed.
(5) In the event of a plant closing or mass layoff (as such terms are defined in section 2101(a)(2) and (3) of title 29) at either of the gaseous diffusion plants, the Secretary of Energy shall treat any adversely affected employee of an operating contractor at either plant who was an employee at such plant on July 1, 1993, as a Department of Energy employee for purposes of sections 3161 and 3162 of the National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h–7274i).1
1 See References in Text note below.
(6)
(A) The Secretary and the private corporation shall cause the post-retirement health benefits plan provider (or its successor) to continue to provide benefits for eligible persons, as described under subparagraph (B), employed by an operating contractor at either of the gaseous diffusion plants in an economically efficient manner and at substantially the same level of coverage as eligible retirees are entitled to receive on the privatization date.
(B) Persons eligible for coverage under subparagraph (A) shall be limited to:
(i) persons who retired from active employment at one of the gaseous diffusion plants on or before the privatization date as vested participants in a pension plan maintained either by the Corporation’s operating contractor or by a contractor employed prior to July 1, 1993, by the Department of Energy to operate a gaseous diffusion plant; and
(ii) persons who are employed by the Corporation’s operating contractor on or before the privatization date and are vested participants in a pension plan maintained either by the Corporation’s operating contractor or by a contractor employed prior to July 1, 1993, by the Department of Energy to operate a gaseous diffusion plant.
(C) The Secretary shall fund the entire cost of post-retirement health benefits for persons who retired from employment with an operating contractor prior to July 1, 1993.
(D) The Secretary and the Corporation shall fund the cost of post-retirement health benefits for persons who retire from employment with an operating contractor on or after July 1, 1993, in proportion to the retired person’s years and months of service at a gaseous diffusion plant under their respective management.
(7)
(A) Any suit under this subsection alleging a violation of an agreement between an employer and a labor organization shall be brought in accordance with section 185 1 of title 29.
(B) Any charge under this subsection alleging an unfair labor practice violative of section 8 of the National Labor Relations Act (29 U.S.C. 158) shall be pursued in accordance with section 10 of the National Labor Relations Act (29 U.S.C. 160).
(C) Any suit alleging a violation of any provision of this subsection, to the extent it does not allege a violation of the National Labor Relations Act [29 U.S.C. 151 et seq.], may be brought in any district court of the United States having jurisdiction over the parties, without regard to the amount in controversy or the citizenship of the parties.
(8)Continuity of benefits.—To the extent appropriations are provided in advance for this purpose or are otherwise available, not later than 30 days after August 8, 2005, the Secretary shall implement such actions as are necessary to ensure that any employee who—
(A) is involved in providing infrastructure or environmental remediation services at the Portsmouth, Ohio, or the Paducah, Kentucky, Gaseous Diffusion Plant;
(B) has been an employee of the Department of Energy’s predecessor management and integrating contractor (or its first or second tier subcontractors), or of the Corporation, at the Portsmouth, Ohio, or the Paducah, Kentucky, facility; and
(C) was eligible as of April 1, 2005, to participate in or transfer into the Multiple Employer Pension Plan or the associated multiple employer retiree health care benefit plans, as defined in those plans,
shall continue to be eligible to participate in or transfer into such pension or health care benefit plans.
(b) Former Federal employees
(1)
(A) An employee of the Corporation that was subject to either the Civil Service Retirement System (referred to in this section as “CSRS”) or the Federal Employees’ Retirement System (referred to in this section as “FERS”) on the day immediately preceding the privatization date shall elect—
(i) to retain the employee’s coverage under either CSRS or FERS, as applicable, in lieu of coverage by the Corporation’s retirement system, or
(ii) to receive a deferred annuity or lump-sum benefit payable to a terminated employee under CSRS or FERS, as applicable.
(B) An employee that makes the election under subparagraph (A)(ii) shall have the option to transfer the balance in the employee’s Thrift Savings Plan account to a defined contribution plan under the Corporation’s retirement system, consistent with applicable law and the terms of the Corporation’s defined contribution plan.
(2) The Corporation shall pay to the Civil Service Retirement and Disability Fund—
(A) such employee deductions and agency contributions as are required by sections 8334, 8422, and 8423 of title 5 for those employees who elect to retain their coverage under either CSRS or FERS pursuant to paragraph (1);
(B) such additional agency contributions as are determined necessary by the Office of Personnel Management to pay, in combination with the sums under subparagraph (A), the “normal cost” (determined using dynamic assumptions) of retirement benefits for those employees who elect to retain their coverage under CSRS pursuant to paragraph (1), with the concept of “normal cost” being used consistent with generally accepted actuarial standards and principles; and
(C) such additional amounts, not to exceed two percent of the amounts under subparagraphs (A) and (B), as are determined necessary by the Office of Personnel Management to pay the cost of administering retirement benefits for employees who retire from the Corporation after the privatization date under either CSRS or FERS, for their survivors, and for survivors of employees of the Corporation who die after the privatization date (which amounts shall be available to the Office of Personnel Management as provided in section 8348(a)(1)(B) of title 5).
(3) The Corporation shall pay to the Thrift Savings Fund such employee and agency contributions as are required or authorized by sections 8432 and 8351 of title 5 for employees who elect to retain their coverage under CSRS or FERS pursuant to paragraph (1).
(4) Any employee of the Corporation who was subject to the Federal Employee Health Benefits Program (referred to in this section as “FEHBP”) on the day immediately preceding the privatization date and who elects to retain coverage under either CSRS or FERS pursuant to paragraph (1) shall have the option to receive health benefits from a health benefit plan established by the Corporation or to continue without interruption coverage under the FEHBP, in lieu of coverage by the Corporation’s health benefit system.
(5) The Corporation shall pay to the Employees Health Benefits Fund—
(A) such employee deductions and agency contributions as are required by section 8906(a)–(f) of title 5 for those employees who elect to retain their coverage under FEHBP pursuant to paragraph (4); and
(B) such amounts as are determined necessary by the Office of Personnel Management under paragraph (6) to reimburse the Office of Personnel Management for contributions under section 8906(g)(1) of title 5 for those employees who elect to retain their coverage under FEHBP pursuant to paragraph (4).
(6) The amounts required under paragraph (5)(B) shall pay the Government contributions for retired employees who retire from the Corporation after the privatization date under either CSRS or FERS, for survivors of such retired employees, and for survivors of employees of the Corporation who die after the privatization date, with said amounts prorated to reflect only that portion of the total service of such employees and retired persons that was performed for the Corporation after the privatization date.
(Pub. L. 104–134, title III, § 3110, Apr. 26, 1996, 110 Stat. 1321–340; Pub. L. 104–206, title III, Sept. 30, 1996, 110 Stat. 2995; Pub. L. 109–58, title VI, § 633, Aug. 8, 2005, 119 Stat. 790.)
§ 2297h–9. Ownership limitations
(a) Securities limitations
No director, officer, or employee of the Corporation may acquire any securities, or any rights to acquire any securities of the private corporation on terms more favorable than those offered to the general public—
(1) in a public offering designed to transfer ownership of the Corporation to private investors,
(2) pursuant to any agreement, arrangement, or understanding entered into before the privatization date, or
(3) before the election of the directors of the private corporation.
(b) Ownership limitation
Immediately following the consummation of the transaction or series of transactions pursuant to which 100 percent of the ownership of the Corporation is transferred to private investors, and for a period of three years thereafter, no person may acquire, directly or indirectly, beneficial ownership of securities representing more than 10 percent of the total votes of all outstanding voting securities of the Corporation. The foregoing limitation shall not apply to—
(1) any employee stock ownership plan of the Corporation,
(2) members of the underwriting syndicate purchasing shares in stabilization transactions in connection with the privatization, or
(3) in the case of shares beneficially held in the ordinary course of business for others, any commercial bank, broker-dealer, or clearing agency.
(Pub. L. 104–134, title III, § 3111, Apr. 26, 1996, 110 Stat. 1321–343.)
§ 2297h–10. Uranium transfers and sales
(a) Transfers and sales by Secretary
(span) Russian HEU
(1) On or before December 31, 1996, the United States Executive Agent under the Russian HEU Agreement shall transfer to the Secretary without charge title to an amount of uranium hexafluoride equivalent to the natural uranium component of low-enriched uranium derived from at least 18 metric tons of highly enriched uranium purchased from the Russian Executive Agent under the Russian HEU Agreement. The quantity of such uranium hexafluoride delivered to the Secretary shall be based on a tails assay of 0.30 U235. Uranium hexafluoride transferred to the Secretary pursuant to this paragraph shall be deemed under United States law for all purposes to be of Russian origin.
(2) Within 7 years of April 26, 1996, the Secretary shall sell, and receive payment for, the uranium hexafluoride transferred to the Secretary pursuant to paragraph (1). Such uranium hexafluoride shall be sold—
(A) at any time for use in the United States for the purpose of overfeeding;
(B) at any time for end use outside the United States;
(C) in 1995 and 1996 to the Russian Executive Agent at the purchase price for use in matched sales pursuant to the Suspension Agreement; or,1
1 So in original.
(D) in calendar year 2001 for consumption by end users in the United States not prior to January 1, 2002, in volumes not to exceed 3,000,000 pounds U3O8 equivalent per year.
(3) With respect to all enriched uranium delivered to the United States Executive Agent under the Russian HEU Agreement on or after January 1, 1997, the United States Executive Agent shall, upon request of the Russian Executive Agent, enter into an agreement to deliver concurrently to the Russian Executive Agent an amount of uranium hexafluoride equivalent to the natural uranium component of such uranium. An agreement executed pursuant to a request of the Russian Executive Agent, as contemplated in this paragraph, may pertain to any deliveries due during any period remaining under the Russian HEU Agreement. The quantity of such uranium hexafluoride delivered to the Russian Executive Agent shall be based on a tails assay of 0.30 U235. Title to uranium hexafluoride delivered to the Russian Executive Agent pursuant to this paragraph shall transfer to the Russian Executive Agent upon delivery of such material to the Russian Executive Agent, with such delivery to take place at a North American facility designated by the Russian Executive Agent. Uranium hexafluoride delivered to the Russian Executive Agent pursuant to this paragraph shall be deemed under U.S. law for all purposes to be of Russian origin. Such uranium hexafluoride may be sold to any person or entity for delivery and use in the United States only as permitted in subsections (span)(5), (span)(6) and (span)(7) of this section.
(4) In the event that the Russian Executive Agent does not exercise its right to enter into an agreement to take delivery of the natural uranium component of any low-enriched uranium, as contemplated in paragraph (3), within 90 days of the date such low-enriched uranium is delivered to the United States Executive Agent, or upon request of the Russian Executive Agent, then the United States Executive Agent shall engage an independent entity through a competitive selection process to auction an amount of uranium hexafluoride or U3O8 (in the event that the conversion component of such hexafluoride has previously been sold) equivalent to the natural uranium component of such low-enriched uranium. An agreement executed pursuant to a request of the Russian Executive Agent, as contemplated in this paragraph, may pertain to any deliveries due during any period remaining under the Russian HEU Agreement. Such independent entity shall sell such uranium hexafluoride in one or more lots to any person or entity to maximize the proceeds from such sales, for disposition consistent with the limitations set forth in this subsection. The independent entity shall pay to the Russian Executive Agent the proceeds of any such auction less all reasonable transaction and other administrative costs. The quantity of such uranium hexafluoride auctioned shall be based on a tails assay of 0.30 U235. Title to uranium hexafluoride auctioned pursuant to this paragraph shall transfer to the buyer of such material upon delivery of such material to the buyer. Uranium hexafluoride auctioned pursuant to this paragraph shall be deemed under United States law for all purposes to be of Russian origin.
(5) Except as provided in paragraphs (6) and (7), uranium hexafluoride delivered to the Russian Executive Agent under paragraph (3) or auctioned pursuant to paragraph (4), may not be delivered for consumption by end users in the United States either directly or indirectly prior to January 1, 1998, and thereafter only in accordance with the following schedule:
Annual Maximum Deliveries to End Users | |
|---|---|
(millions lbs. U3O8 equivalent) | |
Year: | |
1998 | 2 |
1999 | 4 |
2000 | 6 |
2001 | 8 |
2002 | 10 |
2003 | 12 |
2004 | 14 |
2005 | 16 |
2006 | 17 |
2007 | 18 |
2008 | 19 |
2009 and each year thereafter | 20. |
(6) Uranium hexafluoride delivered to the Russian Executive Agent under paragraph (3) or auctioned pursuant to paragraph (4) may be sold at any time as Russian-origin natural uranium in a matched sale pursuant to the Suspension Agreement, and in such case shall not be counted against the annual maximum deliveries set forth in paragraph (5).
(7) Uranium hexafluoride delivered to the Russian Executive Agent under paragraph (3) or auctioned pursuant to paragraph (4) may be sold at any time for use in the United States for the purpose of overfeeding in the operations of enrichment facilities.
(8) Nothing in this subsection (span) shall restrict the sale of the conversion component of such uranium hexafluoride.
(9) The Secretary of Commerce shall have responsibility for the administration and enforcement of the limitations set forth in this subsection. The Secretary of Commerce may require any person to provide any certifications, information, or take any action that may be necessary to enforce these limitations. The United States Customs Service shall maintain and provide any information required by the Secretary of Commerce and shall take any action requested by the Secretary of Commerce which is necessary for the administration and enforcement of the uranium delivery limitations set forth in this section.
(10) The President shall monitor the actions of the United States Executive Agent under the Russian HEU Agreement and shall report to the Congress not later than December 31 of each year on the effect the low-enriched uranium delivered under the Russian HEU Agreement is having on the domestic uranium mining, conversion, and enrichment industries, and the operation of the gaseous diffusion plants. Such report shall include a description of actions taken or proposed to be taken by the President to prevent or mitigate any material adverse impact on such industries or any loss of employment at the gaseous diffusion plants as a result of the Russian HEU Agreement.
(c) Transfers to Corporation
(1) The Secretary shall transfer to the Corporation without charge up to 50 metric tons of enriched uranium and up to 7,000 metric tons of natural uranium from the Department of Energy’s stockpile, subject to the restrictions in subsection (c)(2).
(2) The Corporation shall not deliver for commercial end use in the United States—
(A) any of the uranium transferred under this subsection before January 1, 1998;
(B) more than 10 percent of the uranium (by uranium hexafluoride equivalent span) transferred under this subsection or more than 4,000,000 pounds, whichever is less, in any calendar year after 1997; or
(C) more than 800,000 separative work units contained in low-enriched uranium transferred under this subsection in any calendar year.
(d) Inventory sales
(1) In addition to the transfers authorized under subsections (c) and (e), the Secretary may, from time to time, sell natural and low-enriched uranium (including low-enriched uranium derived from highly enriched uranium) from the Department of Energy’s stockpile.
(2) Except as provided in subsections (span), (c), and (e), no sale or transfer of natural or low-enriched uranium shall be made unless—
(A) the President determines that the material is not necessary for national security needs,
(B) the Secretary determines that the sale of the material will not have an adverse material impact on the domestic uranium mining, conversion, or enrichment industry, taking into account the sales of uranium under the Russian HEU Agreement and the Suspension Agreement, and
(C) the price paid to the Secretary will not be less than the fair market value of the material.
(e) Government transfersNotwithstanding subsection (d)(2), the Secretary may transfer or sell enriched uranium—
(1) to a Federal agency if the material is transferred for the use of the receiving agency without any resale or transfer to another entity and the material does not meet commercial specifications;
(2) to any person for national security purposes, as determined by the Secretary; or
(3) to any State or local agency or nonprofit, charitable, or educational institution for use other than the generation of electricity for commercial use.
(f) Savings provision
(Puspan. L. 104–134, title III, § 3112, Apr. 26, 1996, 110 Stat. 1321–344.)
§ 2297h–10a. Incentives for additional downblending of highly enriched uranium by the Russian Federation
(a) DefinitionsIn this section:
(1) Completion of the Russian HEU Agreement
(2) Downblending
(3) Highly enriched uranium
(4) Highly enriched uranium of weapons originThe term “highly enriched uranium of weapons origin” means highly enriched uranium that—
(A) contains 90 percent or more uranium-235; and
(B) is verified by the Secretary of Energy to be of weapons origin.
(5) Low-enriched uranium
(6) Russian HEU Agreement
(7) Suspension Agreement
(8) Uranium-235
(b) Statement of policyIt is the policy of the United States—
(1) to support the continued downblending of highly enriched uranium of weapons origin in the Russian Federation in order to protect the essential security interests of the United States with respect to the nonproliferation of nuclear weapons;
(2) to reduce reliance on uranium imports in order to protect essential national security interests;
(3) to revive and strengthen the supply chain for nuclear fuel produced and used in the United States; and
(4) to expand production of nuclear fuel in the United States.
(c) Promotion of downblending of Russian highly enriched uranium
(1) Completion of the Russian HEU AgreementPrior to the completion of the Russian HEU Agreement, the importation into the United States of low-enriched uranium, including low-enriched uranium obtained under contracts for separative work units, that is produced in the Russian Federation and is not imported pursuant to the Russian HEU Agreement, may not exceed the following amounts:
(A) In the 4-year period beginning with calendar year 2008, 16,559 kilograms.
(B) In calendar year 2012, 24,839 kilograms.
(C) In calendar year 2013 and each calendar year thereafter through the calendar year of the completion of the Russian HEU Agreement, 41,398 kilograms.
(2) Incentives to continue downblending Russian highly enriched uranium after the completion of the Russian HEU Agreement
(A) In generalAfter the completion of the Russian HEU Agreement, the importation into the United States of low-enriched uranium, including low-enriched uranium obtained under contracts for separative work units, that is produced in the Russian Federation, whether or not such low-enriched uranium is derived from highly enriched uranium of weapons origin, may not exceed—
(i) in calendar year 2014, 485,279 kilograms;
(ii) in calendar year 2015, 455,142 kilograms;
(iii) in calendar year 2016, 480,146 kilograms;
(iv) in calendar year 2017, 490,710 kilograms;
(v) in calendar year 2018, 492,731 kilograms;
(vi) in calendar year 2019, 509,058 kilograms;
(vii) in calendar year 2020, 514,754 kilograms;
(viii) in calendar year 2021, 596,682 kilograms;
(ix) in calendar year 2022, 489,617 kilograms; and
(x) in calendar year 2023, 578,877 kilograms.
(B) Administration
(i) In generalThe Secretary of Commerce shall administer the import limitations described in subparagraph (A) in accordance with the provisions of the Suspension Agreement, including—(I) the limitations on sales of enriched uranium product and separative work units plus conversion, in amounts determined in accordance with Section IV.B.1 of the Suspension Agreement (as amended by the amendment published in the Federal Register on October 9, 2020 (85 Fed. Reg. 64112));(II) the export limit allocations set forth in Appendix 5 of the Suspension Agreement (as so amended);(III) the requirements for natural uranium returned feed associated with imports of low-enriched uranium, including pursuant to sales of enrichment, with or without conversion, from the Russian Federation, as set forth in Section IV.B.1 of the Suspension Agreement (as so amended);(IV) any other provisions of the Suspension Agreement (as so amended); and(V) any related administrative guidance issued by the Department of Commerce.
(ii) Effect of termination of Suspension Agreement
(C) Additional imports in exchange for a commitment to downblend an additional 300 metric tons of highly enriched uranium
(i) In general
(ii) Maximum annual imports
(3) Exceptions
(4) Limited waiver authority
(A) In generalNotwithstanding paragraph (1)(C), if the completion of the Russian HEU Agreement does not occur before December 31, 2013, the import limitations under paragraph (1)(C) shall be waived, and low-enriched uranium may be imported into the United States in the quantities specified in paragraph (2) in a calendar year after 2013, if—
(i) the Secretary of Energy and the Secretary of State jointly determine that—(I) the failure of the completion of the Russian HEU Agreement arises from causes beyond the control and without the fault or negligence of the Government of the Russian Federation; and(II) the Government of the Russian Federation has made reasonable efforts to avoid and mitigate the effects of the failure of the completion of the Russian HEU Agreement; and
(ii) the Secretary of Energy and the Secretary of State jointly notify Congress of, and publish in the Federal Register, the determination under clause (i) and the reasons for the determination.
(B) Notice and wait
(C) Termination
(5) Authority for additional adjustmentThe Secretary of Commerce may adjust the import limitations under paragraph (2)(A) for a calendar year if the Secretary—
(A) in consultation with the Secretary of Energy, determines that the available supply of low-enriched uranium and the available stockpiles of uranium of the Department of Energy are insufficient to meet demand in the United States in the following calendar year; and
(B) notifies Congress of the adjustment not less than 45 days before making the adjustment.
(6) Equivalent quantities of low-enriched uranium imports
(A) In general
(B) Adjustment for other uranium
(7) Downblending of other highly enriched uranium
(A) In general
(B) Equivalent quantities of highly enriched uranium
(8) Termination of import restrictions
(9) Technical verifications by Secretary of Energy
(A) In general
(B) Methods of verification
(10) Enforcement of import limitations
(11) Effect on other agreements
(A) Russian HEU Agreement
(B) Other agreements
(d) Prohibition on imports of low-enriched uranium
(1) ProhibitionBeginning on the date that is 90 days after May 13, 2024, and subject to paragraphs (2) and (3), the following may not be imported into the United States:
(A) Unirradiated low-enriched uranium that is produced in the Russian Federation or by a Russian entity.
(B) Unirradiated low-enriched uranium that is determined to have been exchanged with, swapped for, or otherwise obtained in lieu of unirradiated low-enriched uranium described in subparagraph (A) in a manner designed to circumvent the restrictions under this section.
(2) Waiver
(A) In generalSubject to subparagraphs (B) and (C), the Secretary of Energy, in consultation with the Secretary of State and the Secretary of Commerce, may waive the application of paragraph (1) to authorize the importation of low-enriched uranium described in that paragraph if the Secretary of Energy determines that—
(i) no alternative viable source of low-enriched uranium is available to sustain the continued operation of a nuclear reactor or a United States nuclear energy company; or
(ii) importation of low-enriched uranium described in paragraph (1) is in the national interest.
(B) Limitation on amounts of imports of low-enriched uranium
(i) In generalThe importation into the United States of low-enriched uranium described in paragraph (1), including low-enriched uranium obtained under contracts for separative work units, whether or not such low-enriched uranium is derived from highly enriched uranium of weapons origin, may not exceed—(I) in calendar year 2024, 476,536 kilograms;(II) in calendar year 2025, 470,376 kilograms;(III) in calendar year 2026, 464,183 kilograms; and(IV) in calendar year 2027, 459,083 kilograms.
(ii) AdministrationThe Secretary of Commerce shall—(I) administer the import limitations described in clause (i) in accordance with the provisions of the Suspension Agreement, including the provisions described in subsection (c)(2)(B)(i);(II) be responsible for enforcing the import limitations described in clause (i); and(III) enforce the import limitations described in clause (i) in a manner that imposes a minimal burden on the commercial nuclear industry.
(C) Termination
(D) Notification to Congress
(i) In general
(ii) Committees specifiedThe committees specified in this clause are—(I) the Committee on Energy and Natural Resources and the Committee on Finance of the Senate; and(II) the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives.
(3) ApplicabilityThis subsection does not apply to imports—
(A) by or under contract to the Department of Energy for national security or nonproliferation purposes; or
(B) of non-uranium isotopes.
(4) Termination
(5) Russian entity defined
(Pub. L. 104–134, title III, § 3112A, as added Pub. L. 110–329, div. C, title VIII, § 8118(2), Sept. 30, 2008, 122 Stat. 3647; amended Pub. L. 116–260, div. Z, title II, § 2007(a), Dec. 27, 2020, 134 Stat. 2472; Pub. L. 118–62, § 2(a), (b)(1), May 13, 2024, 138 Stat. 1022, 1023.)
§ 2297h–10b. Secretarial determinations; congressional notification
(a) Secretarial determinations
(b) Congressional notification
In this fiscal year, and in each subsequent fiscal year, not less than 30 days prior to the provision of uranium in any form the Secretary of Energy shall notify the Committees on Appropriations of the House of Representatives and the Senate of the following—
(1) the provisions of law (including regulations) authorizing the provision of uranium;
(2) the amount of uranium to be provided;
(3) an estimate by the Secretary of Energy of the gross fair market value of the uranium on the expected date of the provision of the uranium;
(4) the expected date of the provision of the uranium;
(5) the recipient of the uranium;
(6) the value the Secretary of Energy expects to receive in exchange for the uranium, including any adjustments to the gross fair market value of the uranium; and
(7) whether the uranium to be provided is encumbered by any restriction on use under an international agreement or otherwise.
(Pub. L. 113–235, div. D, title III, § 306, Dec. 16, 2014, 128 Stat. 2324.)
§ 2297h–11. Low-level waste
(a) Responsibility of DOE
(1) The Secretary, at the request of the generator, shall accept for disposal low-level radioactive waste, including depleted uranium if it were ultimately determined to be low-level radioactive waste, generated by—
(A) the Corporation as a result of the operations of the gaseous diffusion plants or as a result of the treatment of such wastes at a location other than the gaseous diffusion plants, or
(B) any person licensed by the Nuclear Regulatory Commission to operate a uranium enrichment facility under sections 2073, 2093, and 2243 of this title.
(2) Except as provided in paragraph (3), the generator shall reimburse the Secretary for the disposal of low-level radioactive waste pursuant to paragraph (1) in an amount equal to the Secretary’s costs, including a pro rata share of any capital costs, but in no event more than an amount equal to that which would be charged by commercial, State, regional, or interstate compact entities for disposal of such waste.
(3) In the event depleted uranium were ultimately determined to be low-level radioactive waste, the generator shall reimburse the Secretary for the disposal of depleted uranium pursuant to paragraph (1) in an amount equal to the Secretary’s costs, including a pro rata share of any capital costs.
(4) In the event that a licensee requests the Secretary to accept for disposal depleted uranium pursuant to this subsection, the Secretary shall be required to take title to and possession of such depleted uranium at an existing DUF6 storage facility.
(b) Agreements with other persons
(c) State or interstate compacts
(
§ 2297h–12. AVLIS
(a) Exclusive right to commercialize
(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
(3) Expiration of transfer authority
(c) Liability for patent and related claims
(Pub. L. 104–134, title III, § 3114, Apr. 26, 1996, 110 Stat. 1321–348.)
§ 2297h–13. Application of certain laws
(a) OSHA
(1) As of the privatization date, the private corporation shall be subject to and comply with the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
(2) The Nuclear Regulatory Commission and the Occupational Safety and Health Administration shall, within 90 days after April 26, 1996, enter into a memorandum of agreement to govern the exercise of their authority over occupational safety and health hazards at the gaseous diffusion plants, including inspection, investigation, enforcement, and rulemaking relating to such hazards.
(b) Antitrust laws
(c) Energy Reorganization Act requirements
(1) The private corporation and its contractors and subcontractors shall be subject to the provisions of section 5851 of this title to the same extent as an employer subject to such section.
(2) With respect to the operation of the facilities leased by the private corporation, section 5846 of this title shall apply to the directors and officers of the private corporation.
(Pub. L. 104–134, title III, § 3115, Apr. 26, 1996, 110 Stat. 1321–348.)