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Title 42 — The Public Health and WelfareRelease 119-73

§2075 Acquisition of special nuclear material; payments; just compensation

Title 42 › Chapter CHAPTER 23— - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Subchapter SUBCHAPTER V— - SPECIAL NUCLEAR MATERIAL › § 2075

Last updated Apr 6, 2026|Official source

Summary

The Commission can buy, take, requisition, condemn, or otherwise get any special nuclear material or any interest in it when it thinks it is needed to carry out this chapter. It may ignore the limits in section 2074 and guaranteed prices in section 2076. It can sign purchase contracts without following section 6101 of title 41 if the Commission says it is necessary for the common defense and security or if advertising is not reasonably practical. It may make partial or advance payments under those contracts. If the Commission takes any property or rights, the owner must be paid just compensation. Any commitment of U.S. funds for activities under a later arrangement listed in section 2160(a)(2)(E) must follow the rules in section 2160.

Full Legal Text

Title 42, §2075

The Public Health and Welfare — Source: USLM XML via OLRC

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, requisition, 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 advertising 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 section 2160 of this title.

Legislative History

Notes & Related Subsidiaries

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 principally 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 “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.

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 activities 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, requisition, 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 AmendmentAmendment by Pub. L. 95–242 effective Mar. 10, 1978, except as otherwise provided and regardless of any requirement for the promulgation of implementing

Regulations

, see section 603(c) of Pub. L. 95–242, set out as an

Effective Date

note under section 3201 of Title 22, Foreign Relations and Intercourse.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2075

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73