--- kind: "section" citation: "42 U.S.C. § 2297h–7" title: "42" title_heading: "The Public Health and Welfare" number: "2297h–7" heading: "Liabilities" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/2297h-7" units: - "Chapter 23 — Development and Control of Atomic Energy" - "Division B — United States Enrichment Corporation" - "Subchapter VIII — United States Enrichment Corporation Privatization" --- # §2297h–7. Liabilities - (a) **Liability of United States—** - (1) Except as otherwise provided in this subchapter, all liabilities arising out of the operation of the [uranium enrichment](/usc/42/2297h.md?p=14) enterprise before July 1, 1993, shall remain the direct liabilities of the [Secretary](/usc/42/242q–4.md?p=2). - (2) Except as provided in [subsection (a)(3)](#a-3) or otherwise provided in a memorandum of agreement entered into by the [Corporation](/usc/42/2296b–7.md?p=1) and the Office of Management and Budget prior to the [privatization date](/usc/42/2297h.md?p=9), all liabilities arising out of the operation of the [Corporation](/usc/42/2296b–7.md?p=1) between July 1, 1993, and the [privatization date](/usc/42/2297h.md?p=9) shall remain the direct liabilities of the [United States](/usc/42/2014.md?p=bb). - (3) All liabilities arising out of the [disposal](/usc/42/2021b.md?p=7) of depleted uranium generated by the [Corporation](/usc/42/2296b–7.md?p=1) between July 1, 1993, and the [privatization date](/usc/42/2297h.md?p=9) shall become the direct liabilities of the [Secretary](/usc/42/242q–4.md?p=2). - (4) Any stated or implied consent for the [United States](/usc/42/2014.md?p=bb), or any agent or officer of the [United States](/usc/42/2014.md?p=bb), to be sued by any [person](/usc/42/2014.md?p=s) 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](/usc/42/2014.md?p=bb) in connection with the [privatization](/usc/42/2297h.md?p=8) of the [Corporation](/usc/42/2296b–7.md?p=1) is hereby withdrawn. - (5) To the extent that any claim against the [United States](/usc/42/2014.md?p=bb) under this section is of the type otherwise required by Federal statute or regulation to be presented to a [Federal agency](/usc/42/2296b–7.md?p=7) 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](/usc/42/242q–4.md?p=2). 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](/usc/42/2014.md?p=bb) in any action seeking to impose liability under this subsection. - (b) **Liability of Corporation—** Notwithstanding any provision of any agreement to which the [Corporation](/usc/42/2296b–7.md?p=1) is a party, the [Corporation](/usc/42/2296b–7.md?p=1) shall not be considered in breach, default, or [violation](/usc/42/2000e–16a.md?p=c) of any agreement because of the transfer of such agreement to the [private corporation](/usc/42/2297h.md?p=7) under [section 2297h–6 of this title](/usc/42/2297h–6.md) or any other action the [Corporation](/usc/42/2296b–7.md?p=1) is required to take under this subchapter. - (c) **Liability of private corporation—** Except as provided in this subchapter, the [private corporation](/usc/42/2297h.md?p=7) shall be liable for any liabilities arising out of its operations after the [privatization date](/usc/42/2297h.md?p=9). - (d) **Liability of officers and directors—** - (1) No officer, [director](/usc/42/11851.md?p=5), employee, or agent of the [Corporation](/usc/42/2296b–7.md?p=1) shall be liable in any civil proceeding to any party in connection with any action taken in connection with the [privatization](/usc/42/2297h.md?p=8) if, with respect to the subject matter of the action, suit, or proceeding, such [person](/usc/42/2014.md?p=s) 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](/usc/15/77a.md) et seq.), the Securities Exchange Act of 1934 ([15 U.S.C. 78a](/usc/15/78a.md) et seq.), or under the Constitution or laws of any [State](/usc/42/2021b.md?p=14), territory, or possession of the [United States](/usc/42/2014.md?p=bb) relating to transactions in securities. ## Source credit (Pub. L. 104–134, title III, § 3109, Apr. 26, 1996, 110 Stat. 1321–339.) ## Notes ### 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.