42 U.S.C. § 2075 — Acquisition of special nuclear material;

Page 5406 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2075 93–377, § 2, Aug. 17, 1974, 88 Stat. 473; Pub. L. 95–242, title III, §§ 301(a), 303(b)(1), Mar. 10, 1978, 92 Stat. 125, 131; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 103–437, § 15(f)(3), Nov. 2, 1994, 108 Stat. 4592.) Editorial Notes REFERENCES IN TEXT Section 125 of the Atomic Energy Act of 1954, referred to in subsec. (b), is section 125 of act Aug. 1, 1946, ch. 724, as added by Pub. L. 85–14, Apr. 12, 1957, 71 Stat. 11, and is set out as a note under section 2153 of this title. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–437 substituted ‘‘Energy Committees and a period’’ for ‘‘Joint Committee and a period’’ and ‘‘Energy Committees shall submit to their respective houses reports of their views’’ for ‘‘Joint Committee shall submit a report to the Congress of its views’’. 1978—Subsec. (d). Pub. L. 95–242, § 301(a), added subsec. (d). Subsec. (e). Pub. L. 95–242, § 303(b)(1), added subsec. (e). 1974—Pub. L. 93–377 designated existing provisions as subsec. (a), designated initial proviso as cl. (i), added cl. (ii) and references to groups of nations, and substituted references to this subsection for references to this sec- tion, and added subsecs. (b) and (c). 1964—Pub. L. 88–489 authorized repurchase of unconsumed special nuclear materials, or any uranium remaining after irradiation of such materials, at a price not exceeding Commission’s sale price for com- parable material in effect at time of delivery to Com- mission, and purchase of special nuclear material pro- duced outside United States through use of material leased or sold under this section, during any period when there is a guaranteed purchase price for same ma- terial as produced under section 2134 of this title, for such price as established by the Commission. 1961—Pub. L. 87–206 inserted ‘‘five hundred grams of uranium 233 and three kilograms of plutonium’’ after ‘‘five thousand kilograms of contained uranium 235’’. 1957—Pub. L. 85–177 inserted provisions requiring compensation at domestic charges for materials dis- tributed abroad except for peaceful or medical therapy uses, and required Commission to obtain authorization of Congress for materials to be contributed to Agency beyond amount made available by all other members of Agency to July 1, 1960. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–242 effective Mar. 10, 1978, except as otherwise provided and regardless of any re- quirement for the promulgation of implementing regu- lations, see section 603(c) of Pub. L. 95–242, set out as an Effective Date note under section 3201 of Title 22, For- eign Relations and Intercourse. § 2075. Acquisition of special nuclear material; payments; just compensation The Commission is authorized, to the extent it deems necessary to effectuate the provisions of this chapter, to purchase without regard to the limitations in section 2074 of this title or any guaranteed purchase prices established pursuant to section 2076 of this title, and to take, requisi- tion, condemn, or otherwise acquire any special nuclear material or any interest therein. Any contract of purchase made under this section may be made without regard to the provisions of section 6101 of title 41, upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commission that adver- tising is not reasonably practicable. Partial and advance payments may be made under contracts for such purposes. Just compensation shall be made for any right, property, or interest in property taken, requisitioned, or condemned under this section: Providing, That the authority in this section to commit United States funds for any activities pursuant to any subsequent arrangement under section 2160(a)(2)(E) of this title shall be subject to the requirements of sec- tion 2160 of this title. (Aug. 1, 1946, ch. 724, title I, § 55, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 931; amended Pub. L. 88–489, § 10, Aug. 26, 1964, 78 Stat. 604; Pub. L. 95–242, title III, § 303(b)(2), Mar. 10, 1978, 92 Stat. 131; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. CODIFICATION In text, ‘‘section 6101 of title 41’’ substituted for ‘‘sec- tion 3709 of the Revised Statutes, as amended’’ on au- thority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. PRIOR PROVISIONS Provisions similar to this section were contained in section 1805(a)(5) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 1978—Pub. L. 95–424 provided that the authority in this section to commit United States funds for any ac- tivities pursuant to any subsequent arrangement under section 2160(a)(2)(E) of this title shall be subject to the requirement of section 2160 of this title. 1964—Pub. L. 88–489 limited the authorization to the extent necessary to effectuate the chapter, inserted ‘‘without regard to the limitations in section 2074 of this title or any guaranteed purchase prices established pursuant to section 2076 of this title, and to take, req- uisition, condemn,’’ and ‘‘Any contract of purchase made under this section may be made’’, provided for just compensation for any right, property, or interest taken, requisitioned, or condemned under this section, and struck out ‘‘outside the United States’’ after ‘‘any interest therein’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–242 effective Mar. 10, 1978, except as otherwise provided and regardless of any re- quirement for the promulgation of implementing regu- lations, see section 603(c) of Pub. L. 95–242, set out as an Effective Date note under section 3201 of Title 22, For- eign Relations and Intercourse. § 2076. Guaranteed purchase prices The Commission shall establish guaranteed purchase prices for plutonium produced in a nu-