42 U.S.C. § 2297h–12: Avlis

Summary

The Corporation gets the sole right to commercialize and use AVLIS patents, processes, and technical information that the Government owns or controls once it signs a royalty agreement with the Secretary. If the Corporation asks, the President must transfer at no cost, and as allowed under the Atomic Energy Act of 1954 (42 U.S.C. 2011, et seq.), any government property controlled by the Secretary that is directly useful for AVLIS or related uranium enrichment work. That can include labs, equipment, materials for research and demonstration, patents, processes, contracts, and leases. Property tied to gaseous diffusion or gas centrifuge enrichment will not transfer. The President’s power to transfer ends on the privatization date. If the Corporation receives those rights or property, it alone must pay any awards, settlements, or judgments for patent claims under section 157b.(3) of the Atomic Energy Act of 1954 (42 U.S.C. 2187(b)(3)), and any royalty deal must reduce payments to the Secretary to cover those costs.

Title 42, §2297h–12

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

(a)Exclusive right to commercialize

The Corporation shall have the exclusive commercial right to deploy and use any AVLIS patents, processes, and technical information owned or controlled by the Government, upon completion of a royalty agreement with the Secretary.

(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

Facilities, real estate, improvements, and equipment related to the gaseous diffusion, and gas centrifuge, uranium enrichment programs of the Secretary shall not transfer under paragraph (1)(B).

(3)Expiration of transfer authority

The President’s authority to transfer property under this subsection shall expire upon the privatization date.

(c)Liability for patent and related claims

With respect to any right, title, or interest provided to the Corporation under subsection (a) or (b), the Corporation shall have sole liability for any payments made or awards under section 157b.(3) of the Atomic Energy Act of 1954 (42 U.S.C. 2187(b)(3)), or any settlements or judgments involving claims for alleged patent infringement. Any royalty agreement under subsection (a) of this section shall provide for a reduction of royalty payments to the Secretary to offset any payments, awards, settlements, or judgments under this subsection.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Atomic Energy Act of 1954, referred to in subsec. (b)(1), 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.

§2297h–12 Avlis