
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2297h-6]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
            Division B--United States Enrichment Corporation
 
   SUBCHAPTER VIII--UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
 
Sec. 2297h-6. Transfer of contracts


(a) Transfer of contracts

    Concurrent with privatization, the Corporation shall 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 pursuant to 
    section 2297c(b) of this title, or
        (2) entered into by the Corporation before the privatization 
    date.

(b) Nontransferable power contracts

    The Corporation shall 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 shall continue to receive power for the gaseous 
diffusion plants under such contracts and shall 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) of this section, the United 
States shall remain obligated to the parties to the contracts, 
agreements, and leases transferred under subsection (a) of this section 
for the performance of its obligations under such contracts, agreements, 
or leases during their terms. Performance of such obligations by the 
private corporation shall be considered performance by the United 
States.
    (2) If a contract, agreement, or lease transferred under subsection 
(a) of this section is terminated, extended, or materially amended after 
the privatization date--
        (A) the private corporation shall be responsible for any 
    obligation arising under such contract, agreement, or lease after 
    any extension or material amendment, and
        (B) the United States shall be responsible for any obligation 
    arising under the contract, agreement, or lease before the 
    termination, extension, or material amendment.

    (3) The private corporation shall 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) of this section, 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.

(Pub. L. 104-134, title III, Sec. 3108, Apr. 26, 1996, 110 Stat. 1321-
339.)

                          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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2297h-4, 2297h-7 of this 
title.
