Page:United States Statutes at Large Volume 106 Part 4.djvu/205

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 2941 filing of articles of incorporation in such jurisdiction as the incorporators determine to be appropriate. The incorporators shall also develop a plan for the issuance by the private corporation of voting common stock to the public, which plan shall be subject to the approval of the Secretary of the Treasury. " (b) LEGAL STATUS OF PRIVATE CORPORATION. — "(1) NOT FEDERAL AGENCY. —The private corporation established under subsection (a) shall not be an agency, instrumentality, or establishment of the United States Government and shall not be a Government corporation or Government controlled corporation. "(2) No RECOURSE AGAINST UNITED STATES. — O bligationS of the private corporation established under subsection (a) shall not be obligations of, or gu£uranteed as to principal or interest by, the Corporation or the United States, and the obligations shall so plainly state. " (3) No CLAIMS COURT JURISDICTION.— No action under section 1491 of title 28, United States Code, shall be allowable against the United States based on the actions of the private corporation established under subsection (a). "(c) TRANSACTIONS BETWEEN UNITED STATES ENRICHMENT COR- PORATION AND PRIVATE CORPORATION.— "(1) GRANTS FROM USEC—The Corporation may make grants to the private corporation established under subsection (a) from amounts available in the AVLIS Commercialization Fund. Such grants shall be used by the private corporation to carry out any remaining predeployment activity assigned to the private corporation by the Corporation. Such grants may not be used for the costs of constructing an AVLIS, or alternative technologies for uranium enrichment, production facility or engaging in directly related preconstruction activities (other than such assigned predeployment activities). The aggregate amount of such grants shall not exceed $364,000,000. "(2) LICENSING AGREEMENT. — The Corporation shall license to the private corporation established under subsection (a) the rights, titles, and interests provided to the Corporation under section 1602. The licensing agreement shall require the private corporation to make periodic payments to the Corporation in an amount that is not less than the aggregate amounts paid by the Corporation during the period involved under subsections (a) and (c) of section 1602. "(3) PURCHASE AGREEMENT.— The Corporation may enter into a commitment to purchase all enriched uranium produced at an AVLIS, or alternative technologies for uranium enrichment, facility of the private corporation established under subsection (a) at a price negotiated by the 2 corporations that— "(A) provides the private corporation with a reasonable return on its investment; and "(B) is less costly than enriched uranium available from other sources. "(4) ADDITIONAL ASSISTANCE.— The Corporation may provide to the private corporation established under subsection (a), on a reimbursable basis, such additional personnel, services, and equipment as the 2 corporations may determine to be appropriate.

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