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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 2297h3 Establishment of private corporation us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 23 DEVELOPMENT AND CONTROL OF ATOMIC ENERGY 2297h3 42 U.S.C. § 2297h3 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s2297h3 data/legal/raw/us/code/title-42/usc42.xml 60cf0048b03048a32eaa89c8ba29260a5287938b34f3fd88d52bee9a1f0837f4 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 4b4c47c4b33c898fda6d00dd4626b33b31be8a091fa45703cbcf917d55be351e 2026-07-04 official
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42 U.S.C. § 2297h3 - Establishment of private corporation

Text

(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 Beginning on the privatization date, the restrictions stated in section 207(a), (b), (c), and (d) of title 18 shall not apply to the acts of an individual done in carrying out official duties as a director, officer, or employee of the private corporation, if the individual was an officer or employee of the Corporation (including a director) continuously during the 45 days prior to the privatization date.

(d) Dissolution In the event that the privatization does not occur, the Corporation will provide for the dissolution of the private corporation within 1 year of the private corporations incorporation unless the Secretary of the Treasury or his delegate, upon the Corporations request, agrees to delay any such dissolution for an additional year.

(Pub. L. 104134, title III, § 3105, Apr. 26, 1996, 110 Stat. 1321337.)

Notes

Editorial Notes

References in TextThis subchapter, referred to in subsecs. (a)(2) and (b)(2), means subchapter A of chapter 1 of title III of Pub. L. 104134, Apr. 26, 1996, 110 Stat. 1321335, 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.

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.