42 U.S.C. § 2295: Acquisition of nuclear…

Summary

The Atomic Energy Commission may buy or otherwise get special nuclear material from the Community under a cooperation agreement. It may get up to 4,100 kilograms of plutonium and only use that plutonium for peaceful purposes. The Commission cannot get more plutonium or uranium‑233 than other laws allow. Plutonium contracts can be for prices and times the Commission thinks are needed, but for plutonium made in reactors built under the joint program no contract can last longer than ten years of reactor operation or beyond December 31, 1973 (or December 31, 1975 for not more than two reactors selected under section 2291(c)), whichever comes first. The price paid cannot be more than the Commission’s established price when the material is delivered. Uranium‑235 contracts also can be for needed prices and times, but they cannot run past the cooperation agreement’s end date or cover more U‑235 than the Commission gave the Community minus what the reactors used, and prices cannot exceed the Commission’s established charges at delivery. The Commission may make these contracts without following some normal federal procurement rules if it says doing so is needed for common defense and security or if advertising is not practical.

Title 42, §2295

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

(a)Authorization; restriction of amounts of plutonium or uranium; amount and use of plutonium authorized to be acquired

The Atomic Energy Commission is authorized to purchase or otherwise acquire from the Community 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 pursuant to the provisions of section 2153 of this title: Provided, That neither plutonium nor uranium 233 nor any interest therein shall be acquired under this section in excess of the total quantities authorized by law. The Commission is authorized to acquire from the Community pursuant 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 interest therein may be at such prices and for such period of time as the Commission may deem necessary: Provided, That with respect to plutonium 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 contract shall provide for compensation or the payment of a purchase price in excess of the Commission’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 cooperation with the Community or provide for the acquisition of uranium enriched in the isotope U–235 in excess of the quantities of such material that have been distributed to the Community by the Commission less the quantity consumed 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 materials

Any contract made under this section for the purchase of special nuclear material or any interest therein may be made without regard to the provisions of section 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 common defense and security, or upon a showing by the Commission that advertising is not reasonably practicable.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (d), “section 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 Cooperation Act of 1958 which comprises this subchapter, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

§2295 Acquisition of Nuclear Materials

Summary

Title 42, §2295

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata