
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2295]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                  SUBCHAPTER XVIII--EURATOM COOPERATION
 
Sec. 2295. Acquisition of nuclear materials


(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 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 5 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.

(Pub. L. 85-846, Sec. 6, Aug. 28, 1958, 72 Stat. 1085.)

                          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, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of 
which enacted Title 31, Money and Finance.
    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.

                          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.
