42 U.S.C. § 2061 — Production facilities

Page 5398 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2061 laboratories’’ means facilities or laboratories lo- cated in the United States. Where the Commis- sion finds private facilities or laboratories are inadequate for the purpose, it is authorized to conduct for other persons, through its own fa- cilities, such of those activities and studies of the types specified in section 2051 of this title as it deems appropriate to the development of en- ergy. To the extent the Commission determines that private facilities or laboratories are inad- equate for the purpose, and that the Commis- sion’s facilities, or scientific or technical re- sources have the potential of lending significant assistance to other persons in the fields of pro- tection of public health and safety, the Commis- sion may also assist other persons in these fields by conducting for such persons, through the Commission’s own facilities, research and devel- opment or training activities and studies. The Commission is authorized to determine and make such charges as in its discretion may be desirable for the conduct of the activities and studies referred to in this section. (Aug. 1, 1946, ch. 724, title I, § 33, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 928; amended Pub. L. 90–190, § 7, Dec. 14, 1967, 81 Stat. 577; Pub. L. 92–84, title II, § 201(b), Aug. 11, 1971, 85 Stat. 307; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 115–246, title III, § 307(g), formerly § 307(f), Sept. 28, 2018, 132 Stat. 3149, renumbered § 307(g), Pub. L. 116–260, div. Z, title II, § 2008(a)(1), Dec. 27, 2020, 134 Stat. 2474.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–246 inserted ‘‘In this section, with respect to international research projects, the term ‘private facilities or laboratories’ means facilities or laboratories located in the United States.’’ before ‘‘Where the Commission’’. 1971—Pub. L. 92–84 substituted provisions authorizing the Commission to conduct research for other persons for the development of energy, for provisions author- izing the Commission to conduct research for other per- sons for the development of atomic energy. 1967—Pub. L. 90–190 inserted provision which author- ized the Commission, to the extent the Commission made certain determinations, to assist other persons on the fields of protection of public health and safety by conducting for such persons, through the facilities of the Commission, research and development or training activities and studies, and substituted ‘‘the activities and studies referred to in this section’’ for ‘‘such activi- ties and studies’’. SUBCHAPTER IV—PRODUCTION OF SPECIAL NUCLEAR MATERIAL § 2061. Production facilities (a) Ownership The 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 speci- fied in section 2051 of this title, 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 di- vision; or (3) are owned by the United States En- richment Corporation. (b) Operation of Commission’s facilities The Commission is authorized and directed to produce or to provide for the production of spe- cial nuclear material in its own production fa- cilities. To the extent deemed necessary, the Commission is authorized to make, or to con- tinue in effect, contracts with persons obli- gating them to produce special nuclear material in facilities owned by the Commission. The Commission is also authorized to enter into re- search and development contracts authorizing the contractor to produce special nuclear mate- rial 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) prohib- iting 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 in- spection by employees of the Commission of all such activities, and (C) to comply with all safety and security regulations which may be pre- scribed by the Commission. Any contract made under the provisions of this subsection may be made without regard to the provisions of section 6101 of title 41, upon certification by the Com- mission that such action is necessary in the in- terest of the common defense and security, or upon a showing by the Commission that adver- tising is not reasonably practicable. Partial and advance payments may be made under such con- tracts. (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. 724, title I, § 41, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 928; amended Pub. L. 90–190, § 8, Dec. 14, 1967, 81 Stat. 577; Pub. L. 101–575, § 5(c), Nov. 15, 1990, 104 Stat. 2835; renum- bered title I and amended Pub. L. 102–486, title IX, § 902(a)(2), (8), Oct. 24, 1992, 106 Stat. 2943, 2944.) Editorial Notes CODIFICATION In subsec. (b), ‘‘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 Con- tracts. PRIOR PROVISIONS Provisions similar to those comprising this section were contained in section 4 of act Aug. 1, 1946, ch. 724, 60 Stat. 759, which was classified to section 1804 of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. Page 5399 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2064 AMENDMENTS 1992—Subsec. (a). Pub. L. 102–486, § 902(a)(2), sub- stituted ‘‘under this division’’ for ‘‘pursuant to under this chapter’’ in cl. (2) and added cl. (3). 1990—Subsec. (a)(2). Pub. L. 101–575 substituted ‘‘under this chapter’’ for ‘‘section 2133 or 2134 of this title’’. 1967—Subsec. (b). Pub. L. 90–190 struck out provision requiring the President to determine in writing at least once each year the quantities of special nuclear mate- rial 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 Com- mission pursuant to sections 2073 and 2074 of this title. Statutory Notes and Related Subsidiaries REFERENCES TO UNITED STATES ENRICHMENT CORPORATION References to the United States Enrichment Corpora- tion deemed, as of the privatization date (July 28, 1998), to be references to the private corporation, see section 3116(e) of Pub. L. 104–134, set out as a note under former section 2297 of this title. ISOTOPE PRODUCTION AND DISTRIBUTION PROGRAM FUND Pub. L. 103–316, title III, Aug. 26, 1994, 108 Stat. 1715, provided in part: ‘‘That the Secretary of Energy may transfer available amounts appropriated for use by the Department of Energy under title III of previously en- acted Energy and Water Development Appropriations Acts [see below] into the Isotope Production and Dis- tribution Program Fund, in order to continue isotope production and distribution activities: Provided further, That the authority to use these amounts appropriated is effective from the date of enactment of this Act [Aug. 26, 1994]: Provided further, 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 Appro- priations Act (Public Law 101–101) [see below]: Provided further, That amounts provided for isotope production and distribution in previous Energy and Water Develop- ment Appropriations Acts shall be treated as direct ap- propriations and shall be merged with funds appro- priated under this head [ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES].’’ Pub. L. 102–377, title III, Oct. 2, 1992, 106 Stat. 1334, provided in part that: ‘‘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: Provided, That such revenues and all funds provided under this head in Public Law 101–101 [set out below] shall remain available until expended: Provided further, 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.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 102–104, title III, Aug. 17, 1991, 105 Stat. 528. Pub. L. 101–514, title III, Nov. 5, 1990, 104 Stat. 2090. Pub. L. 101–101, title III, Sept. 29, 1989, 103 Stat. 659, provided in part that: ‘‘For necessary expenses of ac- tivities related to the production, distribution, and sale of isotopes and related services, $16,243,000, to remain available until expended: Provided, That this amount and, notwithstanding 31 U.S.C. 3302, revenues received from the disposition of isotopes and related services shall be credited to this account to be available for car- rying out these purposes without further appropriation: Provided further, That all unexpended balances of pre- vious appropriations made for the purpose of carrying out activities related to the production, distribution, and sale of isotopes and related services may be trans- ferred 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: Provided further, That fees shall be set by the Secretary of Energy in such a manner as to provide full cost recovery, including ad- ministrative expenses, depreciation of equipment, ac- crued leave, and probable losses: Provided further, That all expenses of this activity shall be paid only from funds available in this fund: Provided further, That at any time the Secretary of Energy determines that moneys in the fund exceed the anticipated require- ments of the fund, such excess shall be transferred to the general fund of the Treasury.’’ § 2062. Irradiation of materials The Commission and persons lawfully pro- ducing or utilizing special nuclear material are authorized to expose materials of any kind to the radiation incident to the processes of pro- ducing or utilizing special nuclear material. (Aug. 1, 1946, ch. 724, title I, § 42, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 929; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in section 4 of act Aug. 1, 1946, ch. 724, 60 Stat. 759, which was classified to section 1804 of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2063. Acquisition of production facilities The Commission is authorized to purchase any interest in facilities for the production of spe- cial nuclear materials, or in real property on which such facilities are located, without regard to the provisions of section 6101 of title 41 upon certification by the Commission that such ac- tion 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. The Commission is further authorized to requisition, condemn, or otherwise acquire any interest in such production facilities, or to condemn or oth- erwise acquire such real property, and just com- pensation shall be made therefor. (Aug. 1, 1946, ch. 724, title I, § 43, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 929; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes CODIFICATION In text, ‘‘section 6101 of title 41’’ substituted for ‘‘sec- tion 3709 of the Revised Statutes, as amended’’ on au- thority 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 those comprising this section were contained in section 5 of act Aug. 1, 1946, ch. 724, 60 Stat. 760, which was classified to section 1805 of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2064. Disposition of energy; regulation on sale If energy is produced at production facilities of the Commission or is produced in experi-