42 USC 2297c: Marketing and contracting authority

42 USC 2297c: Marketing and contracting authority Text contains those laws in effect on January 4, 1995

From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 22-INDIAN HOSPITALS AND HEALTH FACILITIESDivision B-United States Enrichment CorporationSUBCHAPTER III-RIGHTS, PRIVILEGES, AND ASSETS OF CORPORATION

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§2297c. Marketing and contracting authority

(a) Exclusive marketing agent

The Corporation shall act as the exclusive marketing agent on behalf of the United States Government for entering into contracts for providing enriched uranium (including low-enriched uranium derived from highly enriched uranium) and uranium enrichment and related services. The Department may not market enriched uranium (including low-enriched uranium derived from highly enriched uranium), or uranium enrichment and related services, after the transition date.

(b) Transfer of contracts

(1) In general

Except as provided in paragraph (2), all contracts, agreements, and leases with the Department, including all uranium enrichment contracts and power purchase contracts, that have been executed by the Department before the transition date and that relate to uranium enrichment and related services shall transfer to the Corporation.

(2) Exceptions

(A) TVA settlement

The rights and responsibilities of the Department under the settlement agreement with the Tennessee Valley Authority, filed on December 18, 1987, with the United States Court of Federal Claims, shall not transfer to the Corporation.

(B) Nontransferable power contracts

If the Secretary determines that a power purchase contract executed by the Department prior to the transition date cannot be transferred under its terms, the Secretary may continue to receive power under the contract and resell such power to the Corporation at cost.

(C) Nonpower applications

Contracts for enriched uranium and uranium services in existence as of October 24, 1992, for research and development or other nonpower applications shall remain with the Department. At the request of the Department, the Corporation, in consultation with the Department, may enter into such contracts it determines to be appropriate.

(Aug. 1, 1946, ch. 724, title II, §1401, as added Oct. 24, 1992, Pub. L. 102–486, title IX, §901, 106 Stat. 2934 ; amended Oct. 29, 1992, Pub. L. 102–572, title IX, §902(b)(1), 106 Stat. 4516 .)

Amendments

1992-Subsec. (b)(2)(A). Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court".

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Section Referred to in Other Sections

This section is referred to in section 2297c–6 of this title.