US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 2061

Production facilities

(a)

Ownership

section 2051 of this titleThe Commission, as agent of and on behalf of the United States, shall be the exclusive owner of all production facilities other than facilities which (1) are useful in the conduct of research and development activities in the fields specified in , and do not, in the opinion of the Commission, have a potential production rate adequate to enable the user of such facilities to produce within a reasonable period of time a sufficient quantity of special nuclear material to produce an atomic weapon; (2) are licensed by the Commission under this division; or (3) are owned by the United States Enrichment Corporation.

(b)

Operation of Commission’s facilities

section 6101 of title 41The Commission is authorized and directed to produce or to provide for the production of special nuclear material in its own production facilities. To the extent deemed necessary, the Commission is authorized to make, or to continue in effect, contracts with persons obligating them to produce special nuclear material in facilities owned by the Commission. The Commission is also authorized to enter into research and development contracts authorizing the contractor to produce special nuclear material in facilities owned by the Commission to the extent that the production of such special nuclear material may be incident to the conduct of research and development activities under such contracts. Any contract entered into under this section shall contain provisions (1) prohibiting the contractor from subcontracting any part of the work he is obligated to perform under the contract, except as authorized by the Commission; and (2) obligating the contractor (A) to make such reports pertaining to activities under the contract to the Commission as the Commission may require, (B) to submit to inspection by employees of the Commission of all such activities, and (C) to comply with all safety and security regulations which may be prescribed by the Commission. Any contract made under the provisions of this subsection may be made without regard to the provisions of , 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 such contracts.

(c)

Operation of other facilities

Special nuclear material may be produced in the facilities which under this section are not required to be owned by the Commission.

Aug. 1, 1946, ch. 724Aug. 30, 1954, ch. 1073, § 168 Stat. 928Pub. L. 90–190, § 881 Stat. 577Pub. L. 101–575, § 5(c)104 Stat. 2835Pub. L. 102–486, title IX, § 902(a)(2)106 Stat. 2943(, title I, § 41, as added , ; amended , , ; , , ; renumbered title I and amended , (8), , , 2944.)

Editorial Notes

Codification

section 6101 of title 41Pub. L. 111–350, § 6(c)124 Stat. 3854In subsec. (b), “” substituted for “section 3709 of the Revised Statutes, as amended” on authority of , , , which Act enacted Title 41, Public Contracts.

Prior Provisions

act Aug. 1, 1946, ch. 72460 Stat. 759section 1804 of this titleProvisions similar to those comprising this section were contained in section 4 of , , which was classified to , prior to the general amendment and renumbering of act , by act .

Amendments

Pub. L. 102–486, § 902(a)(2)1992—Subsec. (a). , substituted “under this division” for “pursuant to under this chapter” in cl. (2) and added cl. (3).

Pub. L. 101–5751990—Subsec. (a)(2). substituted “under this chapter” for “section 2133 or 2134 of this title”.

Pub. L. 90–1901967—Subsec. (b). struck out provision requiring the President to determine in writing at least once each year the quantities of special nuclear material to be produced under this section, and to specify in such determination the quantities of special nuclear material to be available for distribution by the Commission pursuant to sections 2073 and 2074 of this title.

Statutory Notes and Related Subsidiaries

References to United States Enrichment Corporation

section 3116(e) of Pub. L. 104–134section 2297 of this titleReferences to the United States Enrichment Corporation deemed, as of the privatization date (), to be references to the private corporation, see , set out as a note under former .

Isotope Production and Distribution Program Fund

Pub. L. 103–316, title III108 Stat. 1715

Provided furtherProvided furtherPublic Law 101–101Provided furtherEnergy Supply, Research and Development Activities“That the Secretary of Energy may transfer available amounts appropriated for use by the Department of Energy under title III of previously enacted Energy and Water Development Appropriations Acts [see below] into the Isotope Production and Distribution Program Fund, in order to continue isotope production and distribution activities: , That the authority to use these amounts appropriated is effective from the date of enactment of this Act []: , That fees set by the Secretary for the sale of isotopes and related services shall hereafter be determined without regard to the provisions of Energy and Water Development Appropriations Act () [see below]: , That amounts provided for isotope production and distribution in previous Energy and Water Development Appropriations Acts shall be treated as direct appropriations and shall be merged with funds appropriated under this head [].”
, , , provided in part:

Pub. L. 102–377, title III106 Stat. 1334

ProvidedPublic Law 101–101Provided further“Revenues received hereafter from the disposition of isotopes and related services shall be credited to this account, to be available for carrying out the purposes of the isotope production and distribution program without further appropriation: , That such revenues and all funds provided under this head in [set out below] shall remain available until expended: , That if at any time the amounts available to the fund are insufficient to enable the Department of Energy to discharge its responsibilities with respect to isotope production and distribution, the Secretary may borrow from amounts available in the Treasury, such sums as are necessary up to a maximum of $5,000,000 to remain available until expended.”
, , , provided in part that:

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 102–104, title III105 Stat. 528, , .

Pub. L. 101–514, title III104 Stat. 2090, , .

Pub. L. 101–101, title III103 Stat. 659

Provided31 U.S.C. 3302Provided furtherProvided furtherProvided furtherProvided further“For necessary expenses of activities related to the production, distribution, and sale of isotopes and related services, $16,243,000, to remain available until expended: , That this amount and, notwithstanding , revenues received from the disposition of isotopes and related services shall be credited to this account to be available for carrying out these purposes without further appropriation: , That all unexpended balances of previous appropriations made for the purpose of carrying out activities related to the production, distribution, and sale of isotopes and related services may be transferred to this fund and merged with other balances in the fund and be available under the same conditions and for the same period of time: , That fees shall be set by the Secretary of Energy in such a manner as to provide full cost recovery, including administrative expenses, depreciation of equipment, accrued leave, and probable losses: , That all expenses of this activity shall be paid only from funds available in this fund: , That at any time the Secretary of Energy determines that moneys in the fund exceed the anticipated requirements of the fund, such excess shall be transferred to the general fund of the Treasury.”
, , , provided in part that: