---
kind: "section"
citation: "42 U.S.C. § 2297h–12"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2297h–12"
heading: "AVLIS"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2297h-12"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division B — United States Enrichment Corporation"
  - "Subchapter VIII — United States Enrichment Corporation Privatization"
---

# §2297h–12. AVLIS

- (a) **Exclusive right to commercialize—** The [Corporation](/usc/42/2296b–7.md?p=1) shall have the exclusive commercial right to deploy and use any [AVLIS](/usc/42/2297h.md?p=1) patents, processes, and technical information owned or controlled by the Government, upon completion of a royalty agreement with the [Secretary](/usc/42/242q–4.md?p=2).
- (b) **Transfer of related property to Corporation—**
  - (1) **In general—** To the extent requested by the [Corporation](/usc/42/2296b–7.md?p=1) and subject to the requirements of the Atomic Energy Act of 1954 ([42 U.S.C. 2011](/usc/42/2011.md), et seq.), the President shall transfer without charge to the [Corporation](/usc/42/2296b–7.md?p=1) all of the right, title, or interest in and to property owned by the [United States](/usc/42/2014.md?p=bb) under control or custody of the [Secretary](/usc/42/242q–4.md?p=2) that is directly related to and materially useful in the performance of the [Corporation](/usc/42/2296b–7.md?p=1)’s purposes regarding [AVLIS](/usc/42/2297h.md?p=1) and alternative technologies for [uranium enrichment](/usc/42/2297h.md?p=14), 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](/usc/42/2297h.md?p=14) programs of the [Secretary](/usc/42/242q–4.md?p=2) shall not transfer under [paragraph (1)(B)](#b-1-B).
  - (3) **Expiration of transfer authority—** The President’s authority to transfer property under this subsection shall expire upon the [privatization date](/usc/42/2297h.md?p=9).
- (c) **Liability for patent and related claims—** With respect to any right, title, or interest provided to the [Corporation](/usc/42/2296b–7.md?p=1) under subsection [(a)](#a) or [(b)](#b), the [Corporation](/usc/42/2296b–7.md?p=1) 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)](/usc/42/2187.md?p=b-3)), or any settlements or judgments involving claims for alleged patent infringement. Any royalty agreement under [subsection (a)](#a) of this section shall provide for a reduction of royalty payments to the [Secretary](/usc/42/242q–4.md?p=2) to offset any payments, awards, settlements, or judgments under this subsection.

## Source credit

(Pub. L. 104–134, title III, § 3114, Apr. 26, 1996, 110 Stat. 1321–348.)

## Notes

### 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.