PRIA, Government Policy, Made Personal

Summary

The government keeps responsibility for problems tied to running the uranium enrichment business before July 1, 1993: the Secretary must handle those claims. Most claims from the Corporation’s operations between July 1, 1993, and the privatization date stay with the United States unless an exception or a prior written agreement with the Office of Management and Budget says otherwise. Claims about getting rid of depleted uranium made by the Corporation in that period go to the Secretary. Any previous permission to sue the United States or its agents over actions taken during privatization is withdrawn. If a claim must legally be filed with an agency, it must be filed with the Department of Energy under rules the Secretary will make, but filing there does not force the Department to pay. The Attorney General will defend the United States in these cases. The Corporation won’t be treated as breaking contracts because agreements were transferred or because it followed this law. After privatization, the private company is responsible for liabilities from its operations unless this law says otherwise. Officers, directors, employees, or agents acting in their jobs during privatization cannot be sued in civil court for those actions, except for claims under the federal securities laws or state laws about securities and related constitutional claims.

Title 42, §2297h–7

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

(a)(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)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)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)(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsecs. (a)(1), (b), and (c), means subchapter A of chapter 1 of title III of Pub. L. 104–134, Apr. 26, 1996, 110 Stat. 1321–335, known as the USEC Privatization 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. The Securities Act of 1933, referred to in subsec. (d)(2), 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 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, 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 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–7 Liabilities