§2297h–5 — Title 42 The Public Health and Welfare | U.S. Code

Summary

When the government privatizes the gaseous diffusion plants, it must transfer the plant leases to the private company for the rest of the lease term. The private company gets the exclusive option to renew the lease when that first term ends. The Secretary may not lease any facilities needed to make highly enriched uranium to the private company, but may let the company use those facilities for other things under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). The Secretary must pay all cleanup, decontamination, and corrective-action costs for conditions that existed before July 1, 1993. Those pre-1993 conditions are based on the environmental audit done under section 1403(e) of the Atomic Energy Act (42 U.S.C. 2297c–2(e)). Any lease or lease renewal under these rules counts as a contract for purposes of section 170d (42 U.S.C. 2210(d)). Making, transferring, or renewing the lease is not a major federal action under section 4332. For the Paducah (Kentucky) and Portsmouth (Ohio) plants, security rules must require armed security officers to be present at all times. The costs to arm and give arrest authority to those officers must be split by percentage of employees: the Department of Energy pays the share for DOE-related employees, and the private lessee pays the share for its own non‑DOE employees. Neither side may reduce other payments or be reimbursed for this share. Nothing here changes DOE’s duty to pay safety and security costs for its highly enriched uranium work.

Title 42, §2297h–5

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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)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)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)For purposes of subsection (d), 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)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)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)(1)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)(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.

Notes & Related Subsidiaries

Editorial Notes

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, § 1, 68 Stat. 919, which is classified principally to this chapter (§ 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).

§2297h–5 Leasing of gaseous diffusion facilities