42 U.S.C. § 2132 — Utilization and production facilities for

Page 5423 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2133 Pub. L. 108–458, § 6803(b)(1), inserted ‘‘, inside or out- side of the United States,’’ after ‘‘for any person’’. Subsec. (a). Pub. L. 108–458, § 6904(a)(4), which directed amendment by striking out ‘‘transfer or receive in interstate or foreign commerce,’’ before ‘‘manufac- ture’’, was executed by striking out such phrase before ‘‘participate in the development of, manufacture’’ to reflect the probable intent of Congress and the inter- vening amendment by Pub. L. 108–458, § 6803(b)(2). See above. Pub. L. 108–458, § 6904(a)(3), (5), (6), inserted ‘‘receive,’’ after ‘‘acquire,’’, struck out ‘‘or’’ before ‘‘export’’, and inserted ‘‘, or use, or possess and threaten to use,’’ be- fore ‘‘any atomic weapon’’. Pub. L. 108–458, § 6904(a)(2), which directed amend- ment by inserting ‘‘knowingly’’ after ‘‘for any person to’’, was executed by making the insertion after ‘‘for any person, inside or outside of the United States, to’’ to reflect the probable intent of Congress and the amendment by Pub. L. 108–458, § 6803(b)(1). See above. Subsec. (b). Pub. L. 108–458, § 6904(a)(7), added subsec. (b). 1958—Pub. L. 85–479 included transfers or receipts in foreign commerce. § 2122a. Repealed. Pub. L. 106–65, div. C, title XXXII, § 3294(e)(1)(A), Oct. 5, 1999, 113 Stat. 970 Section, act Aug. 1, 1946, ch. 724, title I, § 93, as added Pub. L. 103–160, div. C, title XXXI, § 3156(a), Nov. 30, 1993, 107 Stat. 1953, related to congressional oversight of special access programs. See section 2426 of Title 50, War and National Defense. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under sec- tion 2401 of Title 50, War and National Defense. § 2123. Transferred Editorial Notes CODIFICATION Section, Pub. L. 102–190, div. C, title XXXI, § 3136, Dec. 5, 1991, 105 Stat. 1577; Pub. L. 103–35, title II, § 203(b)(3), May 31, 1993, 107 Stat. 102, which related to critical technology partnerships between laboratories of the Department of Energy and other entities, was renum- bered section 4813 of Pub. L. 107–314, the Bob Stump Na- tional Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(8), Nov. 24, 2003, 117 Stat. 1785, and transferred to section 2794 of Title 50, War and National Defense. SUBCHAPTER IX—ATOMIC ENERGY LICENSES § 2131. License required It shall be unlawful, except as provided in sec- tion 2121 of this title, for any person within the United States to transfer or receive in inter- state commerce, manufacture, produce, transfer, acquire, possess, use, import, or export any uti- lization or production facility except under and in accordance with a license issued by the Com- mission pursuant to section 2133 or 2134 of this title. (Aug. 1, 1946, ch. 724, title I, § 101, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 936; amended Aug. 6, 1956, ch. 1015, § 11, 70 Stat. 1071; 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 this section were contained in section 1807(a) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 1956—Act Aug. 6, 1956, inserted ‘‘use,’’ after ‘‘pos- sess,’’. § 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 pro- duction facility for industrial or commercial purposes shall be issued pursuant to section 2133 of this title. (b) Facilities constructed or operated under sec- tion 2134(b) Any license hereafter issued for a utilization or production facility for industrial or commer- cial purposes, the construction or operation of which was licensed pursuant to section 2134(b) of this title prior to enactment into law of this subsection, shall be issued under section 2134(b) of this title. (c) Cooperative Power Reactor Demonstration facilities Any license for a utilization or production fa- cility for industrial or commercial purposes con- structed or operated under an arrangement with the Commission entered into under the Coopera- tive Power Reactor Demonstration Program shall, except as otherwise specifically required by applicable law, be issued under section 2134(b) of this title. (Aug. 1, 1946, ch. 724, title I, § 102, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 936; amended Pub. L. 91–560, § 3, Dec. 19, 1970, 84 Stat. 1472; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes AMENDMENTS 1970—Pub. L. 91–560 substituted provisions author- izing Commission to issue licenses for a utilization or production facility for industrial or commercial pur- poses under section 2133, except that license may be issued under section 2134(b), for such utilization or pro- duction facility, construction or operation of which was licensed under section 2134(b) before December 19, 1970 or constructed or operated under an arrangement with Commission entered into under Cooperative Power Reactor Demonstration Program, for provisions authorizing Commission to issue licenses pursuant to section 2133 of this title on a determination that such utilization or production facility has been sufficiently developed to be of practical value for industrial or com- mercial purposes. § 2133. Commercial licenses (a) Conditions The Commission is authorized to issue licenses to persons applying therefor to transfer or re- ceive in interstate commerce, manufacture,