Page:United States Statutes at Large Volume 110 Part 2.djvu/495

 PUBLIC LAW 104-134—APR. 26, 1996 110 STAT. 1321-348 SEC. 3114. AVLIS. 42 USC 2297h- 12 (a) EXCLUSIVE RIGHT TO COMMERCIALIZE. —The Corporation shall have the exclusive commercial right to deploy and use any AVLIS patents, processes, and technical information owned or controlled by the Government, upon completion of a royalty agreement with the Secretary. (b) TRANSFER OF RELATED PROPERTY TO CORPORATION. — (1) IN GENERAL. —To the extent requested by the Corpora- President, tion and subject to the requirements of the Atomic Energy Act of 1954 (42 U.S.C. 2011, et seq.), the President shall transfer without charge to the Corporation all of the right, title, or interest in and to property owned by the United States under control or custody of the Secretary that is directly related to and materially useful in the performance of the Corporation's purposes regarding AVLIS and alternative technologies for uranium enrichment, 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 programs of the Secretary shall not transfer under paragraph (1)(B). (3) EXPIRATION OF TRANSFER AUTHORITY.— The President's authority to transfer property under this subsection shall expire upon the privatization date. (c) LIABILITY FOR PATENT AND RELATED CLAIMS. —With respect to any right, title, or interest provided to the Corporation under subsection (a) or (b), the Corporation 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)), or any settlements or judgments involving claims for alleged patent infringement. Any royalty agreement under subsection (a) of this section shall provide for a reduction of royalty payments to the Secretary to offset any payments, awards, settlements, or judgments under this subsection. SEC. 3115. APPLICATION OF CERTAIN LAWS. 42 USC 2297h- 13 (a) OSHA.— (1) As of the privatization date, the private corporation shall be subject to and comply with the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (2) The Nuclear Regulatory Commission and the Occupational Contracts. Safety and Health Administration shall, within 90 days after the date of enactment of this Act, enter into a memorandum of agreement to govern the exercise of their authority over occupational safety and health hazards at the gaseous diffusion plants, including inspection, investigation, enforcement, and rulemaking relating to such hazards. (b) ANTITRUST L^SLWS.— For purposes of the antitrust laws, the performance by the private corporation of a "matched import" contract under the Suspension Agreement shall be considered to have occurred prior to the privatization date, if at the time of privatization, such contract had been agreed to by the parties in all material terms and confirmed by the Secretary of Commerce under the Suspension Agreement.

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