42 U.S.C. § 2294 — Authorization for sale or lease of uranium

Page 5557 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2294 Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.]. (c) ‘‘Joint program’’ means the cooperative program established by the Community and the United States and carried out in accordance with the provisions of an agreement for coopera- tion entered into pursuant to the provisions of section 2153 of this title, to bring into operation in the territory of the members of the Commu- nity powerplants using nuclear reactors of types selected by the Commission and the Commu- nity, having as a goal a total installed capacity of approximately one million kilowatts of elec- tricity by December 31, 1963, except that two re- actors may be selected to be in operation by De- cember 31, 1965. (d) All other terms used in this subchapter shall have the same meaning as terms described in section 2014 of this title. (Pub. L. 85–846, § 2, Aug. 28, 1958, 72 Stat. 1084.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, as amended, referred to in subsec. (b), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is clas- sified principally to this chapter (§ 2011 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. CODIFICATION Section was enacted as part of the EURATOM Co- operation Act of 1958 which comprises this subchapter, and not as part of the Atomic Energy Act of 1954 which comprises this chapter. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections. § 2292. Authorization of appropriations for re- search and development program; authority to enter into contracts; period of contracts; equivalent amounts for research and devel- opment program There is authorized to be appropriated to the Commission, in accordance with the provisions of section 2017(a)(2) of this title, the sum of $3,000,000 as an initial authorization for fiscal year 1959 for use in a cooperative program of re- search and development in connection with the types of reactors selected by the Commission and the Community under the joint program. The Commission may enter into contracts for such periods as it deems necessary, but in no event to exceed five years, for the purpose of conducting the research and development pro- gram authorized by this section: Provided, That the Community authorizes an equivalent amount for use in the cooperative program of re- search and development. (Pub. L. 85–846, § 3, Aug. 28, 1958, 72 Stat. 1084.) Editorial Notes CODIFICATION Section was enacted as part of the EURATOM Co- operation Act of 1958 which comprises this subchapter, and not as part of the Atomic Energy Act of 1954 which comprises this chapter. § 2293. Omitted Editorial Notes CODIFICATION Section, Pub. L. 85–846, § 4, Aug. 28, 1958, 72 Stat. 1084; Pub. L. 87–206, § 18, Sept. 6, 1961, 75 Stat. 479, related to guarantee contracts between the Atomic Energy Com- mission and operators of reactors under the coopera- tion program which were to extend no later than Dec. 31, 1975. § 2294. Authorization for sale or lease of uranium and plutonium; amounts; lien for non- payment; uranium enrichment services Pursuant to the provisions of section 2074 of this title, there is hereby authorized for sale or lease to the Community— an amount of contained uranium 235 which does not exceed that necessary to support the fuel cycle of power reactors located within the Community having a total installed capacity of thirty-five thousand megawatts of electric energy, together with twenty-five thousand kilograms of contained uranium 235 for other purposes; one thousand five hundred kilograms of plu- tonium; and thirty kilograms of uranium 233; in accordance with the provisions of an agree- ment or agreements for cooperation between the Government of the United States and the Com- munity entered into pursuant to the provisions of section 2153 of this title: Provided, That the Government of the United States obtains the equivalent of a first lien on any such material sold to the Community for which payment is not made in full at the time of transfer. The Com- mission may enter into contracts to provide, after December 31, 1968, for the producing or en- riching of all, or part of, the above-mentioned contained uranium 235 pursuant to the provi- sions of section 2201(v)(B) of this title in lieu of sale or lease thereof. (Pub. L. 85–846, § 5, Aug. 28, 1958, 72 Stat. 1085; Pub. L. 87–206, § 19, Sept. 6, 1961, 75 Stat. 479; Pub. L. 88–394, § 5, Aug. 1, 1964, 78 Stat. 376; Pub. L. 90–190, § 13, Dec. 14, 1967, 81 Stat. 578; Pub. L. 93–88, Aug. 14, 1973, 87 Stat. 296.) Editorial Notes CODIFICATION Section was enacted as part of the EURATOM Co- operation Act of 1958 which comprises this subchapter, and not as part of the Atomic Energy Act of 1954 which comprises this chapter. AMENDMENTS 1973—Pub. L. 93–88 substituted ‘‘an amount of con- tained uranium 235 which does not exceed that nec- essary to support the fuel cycle of power reactors lo- cated within the Community having a total installed capacity of thirty-five thousand megawatts of electric energy, together with twenty-five thousand kilograms of contained uranium for other purposes’’ for ‘‘two hun- dred fifteen thousand kilograms of contained uranium 235’’. 1967—Pub. L. 90–190 increased from seventy thousand to two hundred fifteen thousand kilograms of contained Page 5558 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2295 uranium 235 and from five hundred to one thousand five hundred kilograms of plutonium respectively the amount of material authorized to be sold or leased to the Community, and inserted provision authorizing the Commission, after Dec. 31, 1968, to perform uranium en- richment services for the Community, pursuant to the provisions of section 2201(v)(B) of this title, in lieu of the sale or lease of such material. 1964—Pub. L. 88–394 increased the amount of con- tained uranium 235 from thirty thousand kilograms to seventy thousand kilograms, and plutonium, from nine kilograms to five hundred kilograms. 1961—Pub. L. 87–206 substituted ‘‘Nine kilograms’’ for ‘‘One kilogram’’ of plutonium and inserted item read- ing ‘‘Thirty kilograms of uranium 233’’ and ‘‘or agree- ments’’. § 2295. Acquisition of nuclear materials (a) Authorization; restriction of amounts of plu- tonium or uranium; amount and use of pluto- nium authorized to be acquired The Atomic Energy Commission is authorized to purchase or otherwise acquire from the Com- munity special nuclear material or any interest therein from reactors constructed under the joint program in accordance with the terms of an agreement for cooperation entered into pur- suant to the provisions of section 2153 of this title: Provided, That neither plutonium nor ura- nium 233 nor any interest therein shall be ac- quired under this section in excess of the total quantities authorized by law. The Commission is authorized to acquire from the Community pur- suant to this section up to four thousand one hundred kilograms of plutonium for use only for peaceful purposes. (b) Terms and periods of contracts to acquire plutonium Any contract made under the provisions of this section to acquire plutonium or any inter- est therein may be at such prices and for such period of time as the Commission may deem necessary: Provided, That with respect to pluto- nium produced in any reactor constructed under the joint program, no such contract shall be for a period greater than ten years of operation of such reactors or December 31, 1973 (or December 31, 1975, for not more than two reactors selected under section 2291(c) of this title, whichever is earlier: And provided further, That no such con- tract shall provide for compensation or the pay- ment of a purchase price in excess of the Com- mission’s established price in effect at the time of delivery to the Commission for such material as fuel in a nuclear reactor. (c) Terms and periods of contracts to acquire uranium Any contract made under the provisions of this section to acquire uranium enriched in the isotope uranium 235 may be at such price and for such period of time as the Commission may deem necessary: Provided, That no such contract shall be for a period of time extending beyond the terminal date of the agreement for coopera- tion with the Community or provide for the ac- quisition of uranium enriched in the isotope U–235 in excess of the quantities of such mate- rial that have been distributed to the Commu- nity by the Commission less the quantity con- sumed in the nuclear reactors involved in the joint program: And provided further, That no such contract shall provide for compensation or the payment of a purchase price in excess of the Atomic Energy Commission’s established charges for such material in effect at the time delivery is made to the Commission. (d) Contracts for purchase of special nuclear ma- terials Any contract made under this section for the purchase of special nuclear material or any in- terest therein may be made without regard to the provisions of sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31. (e) Certification by Commission Any contract made under this section may be made without regard to section 6101 of title 41, upon certification by the Commission that such action is necessary in the interest of the com- mon defense and security, or upon a showing by the Commission that advertising is not reason- ably practicable. (Pub. L. 85–846, § 6, Aug. 28, 1958, 72 Stat. 1085.) Editorial Notes CODIFICATION In subsec. (d), ‘‘sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31’’ substituted for ‘‘section 3679 of the Revised Statutes, as amended [31 U.S.C. 665]’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. In subsec. (e), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes, as amended’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Section was enacted as part of the EURATOM Co- operation Act of 1958 which comprises this subchapter, and not as part of the Atomic Energy Act of 1954 which comprises this chapter. § 2296. Nonliability of United States; indemnifica- tion The Government of the United States of America shall not be liable for any damages or third party liability arising out of or resulting from the joint program: Provided, however, That nothing in this section shall deprive any person of any rights under section 2210 of this title: And provided further, That nothing in this section shall apply to arrangements made by the Com- mission under a research and development pro- gram authorized in section 2292 of this title. The Government of the United States shall take such steps as may be necessary, including appro- priate disclaimer or indemnity arrangements, in order to carry out the provisions of this section. (Pub. L. 85–846, § 7, Aug. 28, 1958, 72 Stat. 1086; Pub. L. 87–206, § 20, Sept. 6, 1961, 75 Stat. 479.) Editorial Notes CODIFICATION Section was enacted as part of the EURATOM Co- operation Act of 1958 which comprises this subchapter, and not as part of the Atomic Energy Act of 1954 which comprises this chapter. AMENDMENTS 1961—Pub. L. 87–206 inserted proviso making provi- sions of section inapplicable to arrangements made by the Commission under a research and development pro- gram authorized by section 2292 of this title.