---
kind: "section"
citation: "42 U.S.C. § 2297h–3"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2297h–3"
heading: "Establishment of private corporation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2297h-3"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division B — United States Enrichment Corporation"
  - "Subchapter VIII — United States Enrichment Corporation Privatization"
---

# §2297h–3. Establishment of private corporation

- (a) **Incorporation—**
  - (1) The [directors](/usc/42/11851.md?p=5) of the [Corporation](/usc/42/2296b–7.md?p=1) shall establish a private for-profit [corporation](/usc/42/2296b–7.md?p=1) under the laws of a [State](/usc/42/2021b.md?p=14) for the purpose of receiving the assets and obligations of the [Corporation](/usc/42/2296b–7.md?p=1) at [privatization](/usc/42/2297h.md?p=8) and continuing the business operations of the [Corporation](/usc/42/2296b–7.md?p=1) following [privatization](/usc/42/2297h.md?p=8).
  - (2) The [directors](/usc/42/11851.md?p=5) of the [Corporation](/usc/42/2296b–7.md?p=1) may serve as incorporators of the [private corporation](/usc/42/2297h.md?p=7) and shall take all steps necessary to establish the [private corporation](/usc/42/2297h.md?p=7), including the filing of articles of incorporation consistent with the provisions of this subchapter.
  - (3) Employees and officers of the [Corporation](/usc/42/2296b–7.md?p=1) (including members of the Board of [Directors](/usc/42/11851.md?p=5)) acting in accordance with this section on behalf of the [private corporation](/usc/42/2297h.md?p=7) shall be deemed to be acting in their official capacities as employees or officers of the [Corporation](/usc/42/2296b–7.md?p=1) for purposes of [section 205 of title 18](/usc/18/205.md).
- (b) **Status of private corporation—**
  - (1) The [private corporation](/usc/42/2297h.md?p=7) shall not be an [agency](/usc/42/2231.md?p=a), instrumentality, or establishment of the [United States](/usc/42/2014.md?p=bb), a Government [corporation](/usc/42/2296b–7.md?p=1), or a Government-controlled [corporation](/usc/42/2296b–7.md?p=1).
  - (2) Except as otherwise provided by this subchapter, financial obligations of the [private corporation](/usc/42/2297h.md?p=7) shall not be obligations of, or guaranteed as to principal or interest by, the [Corporation](/usc/42/2296b–7.md?p=1) or the [United States](/usc/42/2014.md?p=bb), and the obligations shall so plainly [state](/usc/42/2021b.md?p=14).
  - (3) No action under [section 1491 of title 28](/usc/28/1491.md) shall be allowable against the [United States](/usc/42/2014.md?p=bb) based on actions of the [private corporation](/usc/42/2297h.md?p=7).
- (c) **Application of post-Government employment restrictions—** Beginning on the [privatization date](/usc/42/2297h.md?p=9), the restrictions stated in [section 207(a)](/usc/42/207.md?p=a), (b), (c), and (d) of [title 18](/usc/18.md) shall not apply to the acts of an individual done in carrying out official duties as a [director](/usc/42/11851.md?p=5), officer, or employee of the [private corporation](/usc/42/2297h.md?p=7), if the individual was an officer or employee of the [Corporation](/usc/42/2296b–7.md?p=1) (including a [director](/usc/42/11851.md?p=5)) continuously during the 45 days prior to the [privatization date](/usc/42/2297h.md?p=9).
- (d) **Dissolution—** In the event that the [privatization](/usc/42/2297h.md?p=8) does not occur, the [Corporation](/usc/42/2296b–7.md?p=1) will provide for the dissolution of the [private corporation](/usc/42/2297h.md?p=7) within 1 year of the [private corporation](/usc/42/2297h.md?p=7)’s incorporation unless the [Secretary](/usc/42/242q–4.md?p=2) of the Treasury or his delegate, upon the [Corporation](/usc/42/2296b–7.md?p=1)’s request, agrees to delay any such dissolution for an additional year.

## Source credit

(Pub. L. 104–134, title III, § 3105, Apr. 26, 1996, 110 Stat. 1321–337.)

## Notes

### Editorial Notes

### References in Text

This subchapter, referred to in subsecs. (a)(2) and (b)(2), 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.

### 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.