42 U.S.C. § 2076 — Guaranteed purchase prices

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- Page 5407 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2077 clear reactor by a person licensed under section 2134 of this title and delivered to the Commis- sion before January 1, 1971. The Commission shall also establish for such periods of time as it may deem necessary, but not to exceed ten years as to any such period, guaranteed pur- chase prices for uranium enriched in the isotope 233 produced in a nuclear reactor by a person li- censed under section 2133 or section 2134 and de- livered to the Commission within the period of the guarantee. Guaranteed purchase prices es- tablished under the authority of this section shall not exceed the Commission’s determina- tion of the estimated value of plutonium or ura- nium enriched in the isotope 233 as fuel in nu- clear reactors, and such prices shall be estab- lished on a nondiscriminatory basis: Provided, That the Commission is authorized to establish such guaranteed purchase prices only for such plutonium or uranium enriched in the isotope 233 as the Commission shall determine is pro- duced through the use of special nuclear mate- rial which was leased or sold by the Commission pursuant to section 2073 of this title. (Aug. 1, 1946, ch. 724, title I, § 56, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 931; amended Pub. L. 88–489, § 11, Aug. 26, 1964, 78 Stat. 605; Pub. L. 91–560, § 2, Dec. 19, 1970, 84 Stat. 1472; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes AMENDMENTS 1970—Pub. L. 91–560 extended the power of the Com- mission to establish guaranteed purchase prices for uranium produced by persons licensed under section 2133 of this title. 1964—Pub. L. 88–489 substituted provisions which di- rected the Commission to establish guaranteed pur- chase prices for plutonium produced by a person li- censed under section 2134 of this title and delivered to the Commission prior to Jan. 1, 1971, and for uranium enriched in the isotope 233, for such periods of time as it deems necessary, but not exceeding ten years as to any such period, if produced by a person licensed under said section 2134, and delivered within the period of the guarantee, provided that guaranteed prices established under this section shall not exceed the Commission’s estimated value of enriched plutonium or uranium as fuel in reactors, and shall be on a nondiscriminatory basis, and authorized such guaranteed prices only for such enriched plutonium or uranium as is produced through use of material leased or sold pursuant to sec- tion 2073 of this title, for provisions requiring the Com- mission to determine the fair price of special nuclear material by considering the value of the material for its intended use by the United States, and by giving such weight to the cost of production as it found to be equitable, providing that such price was to apply to all licensed producers of the same material, and permit- ting the Commission to establish guaranteed fair prices for all such material delivered to the Commission for such time as it deemed necessary, but not exceeding seven years. § 2077. Unauthorized dealings in special nuclear material (a) Handling by persons Unless authorized by a general or specific li- cense issued by the Commission, which the Com- mission is authorized to issue pursuant to sec- tion 2073 of this title, no person may transfer or receive in interstate commerce, transfer, de- liver, acquire, own, possess, receive possession of or title to, or import into or export from the United States any special nuclear material. (b) Engagement or participation in development or production It shall be unlawful for any person to directly or indirectly engage or participate in the devel- opment or production of any special nuclear ma- terial outside of the United States except (1) as specifically authorized under an agreement for cooperation made pursuant to section 2153 of this title, including a specific authorization in a subsequent arrangement under section 2160 of this title, or (2) upon authorization by the Sec- retary of Energy after a determination that such activity will not be inimical to the interest of the United States: Provided, That any such de- termination by the Secretary of Energy shall be made only with the concurrence of the Depart- ment of State and after consultation with the Nuclear Regulatory Commission, the Depart- ment of Commerce, and the Department of De- fense. The Secretary of Energy shall, within ninety days after March 10, 1978, establish or- derly and expeditious procedures, including pro- vision for necessary administrative actions and inter-agency memoranda of understanding, which are mutually agreeable to the Secretaries of State, Defense, and Commerce, and the Nu- clear Regulatory Commission for the consider- ation of requests for authorization under this subsection. Such procedures shall include, at a minimum, explicit direction on the handling of such requests, express deadlines for the solicita- tion and collection of the views of the consulted agencies (with identified officials responsible for meeting such deadlines), an interagency coordi- nating authority to monitor the processing of such requests, predetermined procedures for the expeditious handling of intra-agency and inter- agency disagreements and appeals to higher au- thorities, frequent meetings of inter-agency ad- ministrative coordinators to review the status of all pending requests, and similar administra- tive mechanisms. To the extent practicable, an applicant should be advised of all the informa- tion required of the applicant for the entire process for every agency’s needs at the begin- ning of the process. Potentially controversial re- quests should be identified as quickly as possible so that any required policy decisions or diplo- matic consultations can be initiated in a timely manner. An immediate effort should be under- taken to establish quickly any necessary stand- ards and criteria, including the nature of any re- quired assurances or evidentiary showings, for the decision required under this subsection. The processing of any request proposed and filed as of March 10, 1978, shall not be delayed pending the development and establishment of proce- dures to implement the requirements of this subsection. Any trade secrets or proprietary in- formation submitted by any person seeking an authorization under this subsection shall be af- forded the maximum degree of protection allow- able by law: Provided further, That the export of component parts as defined in section 2014(v)(2) or (cc)(2) of this title shall be governed by sec- tions 2139 and 2155 of this title: Provided further,