42 U.S.C. § 2297h–3 — Establishment of private corporation
submitted 30 years ago by Pub. L. 104-134 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 352 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
The directors of the Corporation* shall establish a private for-profit corporation under the laws of a State* for the purpose of receiving the assets and obligations of the Corporation at privatization* and continuing the business operations of the Corporation following privatization.
The directors of the Corporation may serve as incorporators of the private corporation* and shall take all steps necessary to establish the private corporation, including the filing of articles of incorporation consistent with the provisions of this subchapter.
Employees and officers of the Corporation (including members of the Board of Directors) acting in accordance with this section on behalf of the private corporation shall be deemed to be acting in their official capacities as employees or officers of the Corporation for purposes of section 205 of title 18.
The private corporation shall not be an agency, instrumentality, or establishment of the United States, a Government corporation, or a Government-controlled corporation.
Except as otherwise provided by this subchapter, financial obligations of the private corporation shall not be obligations of, or guaranteed as to principal or interest by, the Corporation or the United States, and the obligations shall so plainly state.
No action under section 1491 of title 28 shall be allowable against the United States based on actions of the private corporation.
Beginning on the privatization date*, the restrictions stated in section 207(a), (b), (c), and (d) of title 18 shall not apply to the acts of an individual done in carrying out official duties as a director*, officer, or employee of the private corporation, if the individual was an officer or employee of the Corporation (including a director) continuously during the 45 days prior to the privatization date.
In the event that the privatization does not occur, the Corporation will provide for the dissolution of the private corporation within 1 year of the private corporation’s incorporation unless the Secretary* of the Treasury or his delegate, upon the Corporation’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.)
- 1996Enacted · Pub. L. 104-134 · 110 Stat. 1321
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-134 on 1996-04-26.
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