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42 U.S.C. § 2134 — Medical, industrial, and commercial licenses

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2134 — Medical, industrial, and commercial licenses

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Stable record: federal_law:legal_authorities:record_usc_fc0ec24b1389bac2ba87b1a5
Source file: Laws/federal/codes/united-states-code/title-42/section-2134-medical-industrial-and-commercial-licenses--85227ffe6b.md
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Source location: Title 42, Chapter 23, § 2134; chapter-023-development-and-control-of-atomic-energy.md

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**(a) Medical therapy** The Commission is authorized to issue licenses to persons applying therefor for utilization facilities for use in medical therapy. In issuing such licenses the Commission is directed to permit the widest amount of effective medical therapy possible with the amount of special nuclear material available for such purposes and to impose the minimum amount of regulation consistent with its obligations under this chapter to promote the common defense and security and to protect the health and safety of the public. **(b) Industrial and commercial purposes** As provided for in subsection (b) or (c) of [section 2132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2132&num=0&edition=prelim), or where specifically authorized by law, the Commission is authorized to issue licenses under this subsection to persons applying therefor for utilization and production facilities for industrial and commercial purposes. In issuing licenses under this subsection, the Commission shall impose the minimum amount of such regulations and terms of license as will permit the Commission to fulfill its obligations under this chapter. **(c) Research and development activities** (1) **In general** — Subject to paragraphs (2) and (3), the Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2051&num=0&edition=prelim). (2) **Regulation** — The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this chapter to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. (3) **Limitation on utilization facilities** — The Commission may issue a license under this section for a utilization facility useful in the conduct of research and development activities of the types specified in [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2051&num=0&edition=prelim) if— (A) not more than 75 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale, other than for research and development or education and training, of— (i) nonenergy services; (ii) energy; or (iii) a combination of nonenergy services and energy; and (B) not more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy. **(d) Limitations** No license under this section may be given to any person for activities which are not under or within the jurisdiction of the United States, except for the export of production or utilization facilities under terms of an agreement for cooperation arranged pursuant to [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim) or except under the provisions of [section 2139 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2139&num=0&edition=prelim). No license may be issued to any corporation or other entity if the Commission knows or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government. In any event, no license may be issued to any person within the United States if, in the opinion of the Commission, the issuance of a license to such person would be inimical to the common defense and security or to the health and safety of the public.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2139 — Component and other parts of facilities

**(a) Licenses for domestic activities** With respect to those utilization and production facilities which are so determined by the Commission pursuant to section 2014(v)(2) or 2014(cc)(2) of this title the Commission may issue general licenses for domestic activities required to be licensed under [section 2131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2131&num=0&edition=prelim), if the Commission determines in writing that such general licensing will not constitute an unreasonable risk to the common defense and security. **(b) Export licenses** After consulting with the Secretaries of State, Energy, and Commerce, the Commission is authorized and directed to determine which component parts as defined in section 2014(v)(2) or 2014(cc)(2) of this title and which other items or substances are especially relevant from the standpoint of export control because of their significance for nuclear explosive purposes. Except as provided in [section 2155(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2155/b/2&num=0&edition=prelim), no such component, substance, or item which is so determined by the Commission shall be exported unless the Commission issues a general or specific license for its export after finding, based on a reasonable judgment of the assurances provided and other information available to the Federal Government, including the Commission, that the following criteria or their equivalent are met: (1) IAEA safeguards as required by Article III (2) of the Treaty will be applied with respect to such component, substance, or item; (2) no such component, substance, or item will be used for any nuclear explosive device or for research on or development of any nuclear explosiv

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2139

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2051 — Research and development assistance

**(a) Contracts and loans for research activities** The Commission is directed to exercise its powers in such manner as to insure the continued conduct of research and development and training activities in the fields specified below, by private or public institutions or persons, and to assist in the acquisition of an ever-expanding fund of theoretical and practical knowledge in such fields. To this end the Commission is authorized and directed to make arrangements (including contracts, agreements, and loans) for the conduct of research and development activities relating to— (1) nuclear processes; (2) the theory and production of atomic energy, including processes, materials, and devices related to such production; (3) utilization of special nuclear material and radioactive material for medical, biological, agricultural, health, or military purposes; (4) utilization of special nuclear material, atomic energy, and radioactive material and processes entailed in the utilization or production of atomic energy or such material for all other purposes, including industrial or commercial uses, the generation of usable energy, and the demonstration of advances in the commercial or industrial application of atomic energy; (5) the protection of health and the promotion of safety during research and production activities; and (6) the preservation and enhancement of a viable environment by developing more efficient methods to meet the Nation’s energy needs. **(b) Grants and contributions** The Commission is authorized— (1) to make grants and contributions to the cost of construction and operation of reactors and other facilities and other equipment to colleges, universities, hospitals, and eleemosynary or charitable institutions for the conduct of educational and training a

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2051

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2132 — Utilization and production facilities for industrial or commercial purposes

**(a) Issuance of licenses** Except as provided in subsections (b) and (c), or otherwise specifically authorized by law, any license hereafter issued for a utilization or production facility for industrial or commercial purposes shall be issued pursuant to [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2133&num=0&edition=prelim). **(b) Facilities constructed or operated under section 2134(b)** Any license hereafter issued for a utilization or production facility for industrial or commercial purposes, the construction or operation of which was licensed pursuant to [section 2134(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2134/b&num=0&edition=prelim) prior to enactment into law of this subsection, shall be issued under [section 2134(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2134/b&num=0&edition=prelim). **(c) Cooperative Power Reactor Demonstration facilities** Any license for a utilization or production facility for industrial or commercial purposes constructed or operated under an arrangement with the Commission entered into under the Cooperative Power Reactor Demonstration Program shall, except as otherwise specifically required by applicable law, be issued under [section 2134(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2134/b&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2132

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2153 — Cooperation with other nations

No cooperation with any nation, group of nations or regional defense organization pursuant to sections 2073, 2074(a), 2077, 2094, 2112, 2121, 2133, 2134, or 2164 of this title shall be undertaken until— **(a) Terms, conditions, duration, nature, scope, and other requirements of proposed agreements for cooperation; Presidential exemptions; negotiations; Nuclear Proliferation Assessment Statement** the proposed agreement for cooperation has been submitted to the President, which proposed agreement shall include the terms, conditions, duration, nature, and scope of the cooperation; and shall include the following requirements: (1) a guaranty by the cooperating party that safeguards as set forth in the agreement for cooperation will be maintained with respect to all nuclear materials and equipment transferred pursuant thereto, and with respect to all special nuclear material used in or produced through the use of such nuclear materials and equipment, so long as the material or equipment remains under the jurisdiction or control of the cooperating party, irrespective of the duration of other provisions in the agreement or whether the agreement is terminated or suspended for any reason; (2) in the case of non-nuclear-weapon states, a requirement, as a condition of continued United States nuclear supply under the agreement for cooperation, that IAEA safeguards be maintained with respect to all nuclear materials in all peaceful nuclear activities within the territory of such state, under its jurisdiction, or carried out under its control anywhere; (3) except in the case of those agreements for cooperation arranged pursuant to [section 2121(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2121/c&num=0&edition=prelim), a guaranty b

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2153

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2011 — Congressional declaration of policy

Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that— **(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and **(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2011

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2073 — Domestic distribution of special nuclear material

**(a) Licenses** The Commission is authorized (i) to issue licenses to transfer or receive in interstate commerce, transfer, deliver, acquire, possess, own, receive possession of or title to, import, or export under the terms of an agreement for cooperation arranged pursuant to [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim), special nuclear material, (ii) to make special nuclear material available for the period of the license, and, (iii) to distribute special nuclear material within the United States to qualified applicants requesting such material— (1) for the conduct of research and development activities of the types specified in [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2051&num=0&edition=prelim); (2) for use in the conduct of research and development activities or in medical therapy under a license issued pursuant to [section 2134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2134&num=0&edition=prelim); (3) for use under a license issued pursuant to [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2133&num=0&edition=prelim); (4) for such other uses as the Commission determines to be appropriate to carry out the purposes of this chapter. **(b) Minimum criteria for licenses** The Commission shall establish, by rule, minimum criteria for the issuance of specific or general licenses for the distribution of special nuclear material depending upon the degree of importance to the common defense and security or to the health and safety of the public of— (1) the physical characteristics of the special nuclear material to b

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2073

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2074 — Foreign distribution of special nuclear material

**(a) Compensation; distribution to International Atomic Energy Agency; procedure for distribution; repurchase of unconsumed materials; price; purchase of materials produced outside United States; price** The Commission is authorized to cooperate with any nation or group of nations by distributing special nuclear material and to distribute such special nuclear material, pursuant to the terms of an agreement for cooperation to which such nation or group of nations is a party and which is made in accordance with [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim). Unless hereafter otherwise authorized by law the Commission shall be compensated for special nuclear material so distributed at not less than the Commission’s published charges applicable to the domestic distribution of such material, except that the Commission to assist and encourage research on peaceful uses or for medical therapy may so distribute without charge during any calendar year only a quantity of such material which at the time of transfer does not exceed in value $10,000 in the case of one nation or $50,000 in the case of any group of nations. The Commission may distribute to the International Atomic Energy Agency, or to any group of nations, only such amounts of special nuclear materials and for such period of time as are authorized by Congress: Provided, however, That, (i) notwithstanding this provision, the Commission is hereby authorized, subject to the provisions of [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim), to distribute to the Agency five thousand kilograms of contained uranium-235, five hundred grams of uranium-233, and thre

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2074

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2076 — Guaranteed purchase prices

The Commission shall establish guaranteed purchase prices for plutonium produced in a nuclear reactor by a person licensed under [section 2134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2134&num=0&edition=prelim) and delivered to the Commission before January 1, 1971. The Commission shall also establish for such periods of time as it may deem necessary, but not to exceed ten years as to any such period, guaranteed purchase prices for uranium enriched in the isotope 233 produced in a nuclear reactor by a person licensed under section 2133 or section 2134 and delivered to the Commission within the period of the guarantee. Guaranteed purchase prices established under the authority of this section shall not exceed the Commission’s determination of the estimated value of plutonium or uranium enriched in the isotope 233 as fuel in nuclear reactors, and such prices shall be established on a nondiscriminatory basis: Provided, That the Commission is authorized to establish such guaranteed purchase prices only for such plutonium or uranium enriched in the isotope 233 as the Commission shall determine is produced through the use of special nuclear material which was leased or sold by the Commission pursuant to [section 2073 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2073&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2076

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2093 — Domestic distribution of source material

**(a) License** The Commission is authorized to issue licenses for and to distribute source material within the United States to qualified applicants requesting such material— (1) for the conduct of research and development activities of the types specified in [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2051&num=0&edition=prelim); (2) for use in the conduct of research and development activities or in medical therapy under a license issued pursuant to [section 2134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2134&num=0&edition=prelim); (3) for use under a license issued pursuant to [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2133&num=0&edition=prelim); or (4) for any other use approved by the Commission as an aid to science or industry. **(b) Minimum criteria for licenses** The Commission shall establish, by rule, minimum criteria for the issuance of specific or general licenses for the distribution of source material depending upon the degree of importance to the common defense and security or to the health and safety of the public of— (1) the physical characteristics of the source material to be distributed; (2) the quantities of source material to be distributed; and (3) the intended use of the source material to be distributed. **(c) Determination of charges** The Commission may make a reasonable charge determined pursuant to [section 2201(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2201/m&num=0&edition=prelim) for the source material licensed and distributed under subsection (a)(1), (a)(2), or (a)(4) and shall make a reasonable charge determ

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2093

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2135 — Antitrust provisions governing licenses

**(a) Violations of antitrust laws** Nothing contained in this chapter shall relieve any person from the operation of the following Acts, as amended, “An Act to protect trade and commerce against unlawful restraints and monopolies” approved July second, eighteen hundred and ninety; sections seventy-three to seventy-six, inclusive, of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes” approved August twenty-seven, eighteen hundred and ninety-four; “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes” approved October fifteen, nineteen hundred and fourteen; and “An Act to create a Federal Trade Commission, to defined its powers and duties, and for other purposes” approved September twenty-six, nineteen hundred and fourteen. In the event a licensee is found by a court of competent jurisdiction, either in an original action in that court or in a proceeding to enforce or review the findings or orders of any Government agency having jurisdiction under the laws cited above, to have violated any of the provisions of such laws in the conduct of the licensed activity, the Commission may suspend, revoke, or take such other action as it may deem necessary with respect to any license issued by the Commission under the provisions of this chapter. **(b) Reports to Attorney General** The Commission shall report promptly to the Attorney General any information it may have with respect to any utilization of special nuclear material or atomic energy which appears to violate or to tend toward the violation of any of the foregoing Acts, or to restrict free competition in private enterprise. **(c) Transmissions to Attorney General of copies of license applications; publication of advic

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2135

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