Sec. 41. Ownership and Operation of Production Facilities
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/statute-compilations/comps-1630/sec-41A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 41 Ownership and Operation of Production Facilities ### a Ownership of production facilities 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 specified in section 31, 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 title; or
(3)are owned by the United States Enrichment Corporation11. 11Pursuant to section 3116(e) of the United States Enrichment Corporation Privatization Act, following the privatization date **[**July 28, 1998**]**, all references in the Atomic Energy Act of 1954 to the United States Enrichment Corporation shall be deemed to be references to the private corporation. ### b Operation of the commission's production facilities The 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 paragraph may be made without regard to the provisions of section 3709 of the Revised Statutes, as amended, 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 production facilities Special nuclear material may be produced in the facilities which under this section are not required to be owned by the Commission. **[**[42 U.S.C. 2061](/us/usc/t42/s2061)**]**
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Sec. 41
Ownership and Operation of Production Facilities
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