42 U.S.C. § 2297h–6 — Transfer of contracts

(a) Transfer of contracts Concurrent with privatization^*, the Corporation^* must transfer to the private corporation^* all contracts, agreements, and leases, including all uranium enrichment^* contracts, that were— (1) transferred by the Secretary^* to the Corporation under section 2297c(b) of this title, or (2) entered into by the Corporation before the privatization date^*.
(b) Nontransferable power contracts The Corporation must transfer to the private corporation the right to purchase power from the Secretary under the power purchase contracts for the gaseous diffusion plants^* executed by the Secretary before July 1, 1993. The Secretary must continue to receive power for the gaseous diffusion plants under such contracts and must continue to resell such power to the private corporation at cost during the term of such contracts.
(c) Effect of transfer (1) Notwithstanding subsection
(a), the United States must remain obligated to the parties to the contracts, agreements, and leases transferred under subsection
(a) for the performance of its obligations under such contracts, agreements, or leases during their terms. Performance of such obligations by the private corporation must be considered performance by the United States. (2) If a contract, agreement, or lease transferred under subsection
(a) is terminated, extended, or materially amended after the privatization date— (A) the private corporation must be responsible for any obligation arising under such contract, agreement, or lease after any extension or material amendment, and (B) the United States must be responsible for any obligation arising under the contract, agreement, or lease before the termination, extension, or material amendment. (3) The private corporation must reimburse the United States for any amount paid by the United States under a settlement agreement entered into with the consent of the private corporation or under a judgment, if the settlement or judgment— (A) arises out of an obligation under a contract, agreement, or lease transferred under subsection
(a), and (B) arises out of actions of the private corporation between the privatization date and the date of a termination, extension, or material amendment of such contract, agreement, or lease.
(d) Pricing The Corporation may establish prices for its products, materials, and services provided to customers on a basis that will allow it to attain the normal business objectives of a profit making corporation.