§2134 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Commission can give licenses to use nuclear material in medical, industrial, commercial, and research facilities. For medical uses, it must allow as much effective treatment as possible with the available special nuclear material and use only the least amount of regulation needed to protect national security and public health. For industrial and commercial uses allowed by law, the Commission must also limit rules to the minimum needed to meet its duties. The Commission may license research and development facilities of the types in section 2051, while keeping regulation low enough to allow wide and varied research. A research facility may be licensed only if not more than 75 percent of its yearly ownership and operating costs go to sales other than research, education, or training, and not more than 50 percent go to sale of energy. Licenses may not cover activities outside U.S. territory except for authorized exports, and the Commission must not license entities it knows or suspects are owned or controlled by foreign interests or when a license would harm national security or public health.

Title 42, §2134

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)As provided for in subsection (b) or (c) of section 2132 of this title, 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)(1)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.

(2)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)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 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)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 or except under the provisions of section 2139 of this title. 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (b), and (c)(2), was in the original “this Act”, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2011 of this title and Tables.

Amendments

2024—Subsec. (c). Pub. L. 118–67 inserted subsec. heading; designated first sentence as par. (1), inserted par. heading, and substituted “Subject to paragraphs (2) and (3), the Commission” for “The Commission”; designated second sentence as par. (2) and inserted heading; and substituted par. (3) for third sentence which read as follows: “The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 2051 of this title in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.” 2019—Subsec. (c). Pub. L. 115–439 struck out “and which are not facilities of the type specified in subsection (b)” after “section 2051 of this title” and inserted at end “The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 2051 of this title in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.” 1970—Subsec. (b). Pub. L. 91–560 substituted provisions authorizing the issue of licenses for utilization or production facilities for industrial or commercial purposes (i) where specifically authorized by law or (ii) where the facility was constructed or operated under an arrangement with the Commission entered into under the cooperative power reactor demonstration program, and the applicable statutory authorization does not require licensing under section 2133, or (iii) where the facility was theretofore licensed under section 2134(b), for provisions authorizing the issue of licenses for utilization and production facilities involved in the conduct of research and development activities leading to the demonstration of the practical value of such facilities for industrial and commercial purposes.

Statutory Notes and Related Subsidiaries

Encouraging Private Investment in Research and Test Reactors Pub. L. 115–439, title I, § 106(a), Jan. 14, 2019, 132 Stat. 5577, provided that: “The purpose of this section [amending this section] is to encourage private investment in research and test reactors.”

§2134 Medical, industrial, and commercial licenses