Title 42 — The Public Health and Welfare
Chapter 23 — Development and Control of Atomic Energy
§ 2111. Domestic distribution
Statutory text
In general
No person may transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, own, possess, import, or export any byproduct material, except to the extent authorized by this section, section 2112 or section 2114 of this title. The Commission is authorized to issue general or specific licenses to applicants seeking to use byproduct material for research or development purposes, for medical therapy, industrial uses, agricultural uses, or such other useful applications as may be developed. The Commission may distribute, sell, loan, or lease such byproduct material as it owns to qualified applicants with or without charge: Provided, however, That, for byproduct material to be distributed by the Commission for a charge, the Commission shall establish prices on such equitable basis as, in the opinion of the Commission, (a) will provide reasonable compensation to the Government for such material, (b) will not discourage the use of such material or the development of sources of supply of such material independent of the Commission, and (c) will encourage research and development. In distributing such material, the Commission shall give preference to applicants proposing to use such material either in the conduct of research and development or in medical therapy. The Commission shall not permit the distribution of any byproduct material to any licensee, and shall recall or order the recall of any distributed material from any licensee, who is not equipped to observe or who fails to observe such safety standards to protect health as may be established by the Commission or who uses such material in violation of law or regulation of the Commission or in a manner other than as disclosed in the application therefor or approved by the Commission. The Commission is authorized to establish classes of byproduct material and to exempt certain classes or quantities of material or kinds of uses or users from the requirements for a license set forth in this section when it makes a finding that the exemption of such classes or quantities of such material or such kinds of uses or users will not constitute an unreasonable risk to the common defense and security and to the health and safety of the public.
Requirements
In general
Except as provided in paragraph (2), byproduct material, as defined in paragraphs (3) and (4) of section 2014(e) of this title, may only be transferred to and disposed of in a disposal facility that—
is adequate to protect public health and safety; and
is licensed by the Commission; or
is licensed by a State that has entered into an agreement with the Commission under section 2021(b) of this title, if the licensing requirements of the State are compatible with the licensing requirements of the Commission.
Effect of subsection
Nothing in this subsection affects the authority of any entity to dispose of byproduct material, as defined in paragraphs (3) and (4) of section 2014(e) of this title, at a disposal facility in accordance with any Federal or State solid or hazardous waste law, including the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
Treatment as low-level radioactive waste
Byproduct material, as defined in paragraphs (3) and (4) of section 2014(e) of this title, disposed of under this section shall not be considered to be low-level radioactive waste for the purposes of—
section 2 of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b); or
carrying out a compact that is—
entered into in accordance with that Act (42 U.S.C. 2021b et seq.); and
approved by Congress.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 83–724 · 68 Stat. 998
Enacted · 42 U.S.C. § 2111
Aug. 1, 1946, ch. 724, title I, § 81, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 935
Source evidence
Code source credit
Aug. 1, 1946, ch. 724, title I, § 81, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 935Pub. L. 93–377 § 4 · 88 Stat. 472
Substituted · 42 U.S.C. § 2111
Pub. L. 93–377 substituted “qualified applicants with or without charge” for “licensees with or without charge”
Struck · 42 U.S.C. § 2111
Pub. L. 93–377 struck out “Licensees of the Commission may distribute byproduct material only to applicants therefor who are licensed by the Commission to receive such byproduct material” before “The Commission shall not”
Source evidence
Code amendment note
Pub. L. 93–377 substituted “qualified applicants with or without charge” for “licensees with or without charge”, and struck out “Licensees of the Commission may distribute byproduct material only to applicants therefor who are licensed by the Commission to receive such byproduct material” before “The Commission shall not”.Enacted provision · exact public law section
Sec. 4. Section 81 of the Atomic Energy Act of 1954, as amended, is 42 USC 2111. amended by deleting the word “licensees” and inserting in lieu thereof the words “qualified applicants” in the third sentence of such section and by deleting the fifth sentence of such section.Pub. L. 95–604 title II § 205(b) · 92 Stat. 3021
Inserted · 42 U.S.C. § 2111
Pub. L. 95–604 inserted reference to section 2114 of this title
Source evidence
Code amendment note
Pub. L. 95–604 inserted reference to section 2114 of this title.Enacted provision · exact public law section
(b) The first sentence of section 81 of the Atomic Energy Act of 1954, is amended to read as follows: “No person may transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, own, possess, import, or export any byproduct material, except to the extent authorized by this section, section 82 or section 84.”. 42 USC 2112. Supra.Energy Policy Act of 2005
Pub. L. 109–58 title VI § 651(e)(3)(A) · 119 Stat. 594
Amended · 42 U.S.C. § 2111
Pub. L. 109–58 designated existing provisions as subsec. (a)
Inserted · 42 U.S.C. § 2111
Pub. L. 109–58 inserted heading
Added · 42 U.S.C. § 2111
Pub. L. 109–58 added subsecs. (b) and (c)
Source evidence
Code amendment note
Pub. L. 109–58 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).Enacted provision · exact public law section
(A) Domestic distribution.— Section 81 of the Atomic Energy Act of 1954 (42 U.S.C. 2111) is amended— (i) by striking “No person may” and inserting the following: “a. In General.— No person may” . (ii) by adding at the end the following: “b. Requirements.— “(1) In general.— Except as provided in paragraph (2), byproduct material, as defined in paragraphs (3) and (4) of section 11 e., may only be transferred to and disposed of in a disposal facility that— “(A) is adequate to protect public health and safety; and “(B) (i) is licensed by the Commission; or “(ii) is licensed by a State that has entered into an agreement with the Commission under section 274 b., if the licensing requirements of the State are compatible with the licensing requirements of the Commission. “(2) Effect of subsection.— Nothing in this subsection affects the authority of any entity to dispose of byproduct material, as defined in paragraphs (3) and (4) of section 11 e., at a disposal facility in accordance with any Federal or State solid or hazardous waste law, including the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). “c. Treatment as Low-level Radioactive Waste.— Byproduct material, as defined in paragraphs (3) and (4) of section 11 e., disposed of under this section shall not be considered to be low-level radioactive waste for the purposes of— “(1) section 2 of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b); or “(2) carrying out a compact that is— “(A) entered into in accordance with that Act (42 U.S.C. 2021b et seq.); and “(B) approved by Congress.” .
6 of 7 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Solid Waste Disposal Act, referred to in subsec. (b)(2), is title II of Pub. L. 89–272, , 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, , 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.
The Low-Level Radioactive Waste Policy Act, referred to in subsec. (c)(2)(A), is Pub. L. 96–573, as amended generally by Pub. L. 99–240, title I, § 102, , 99 Stat. 1842, which is classified generally to section 2021b et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2021b of this title and Tables.
Prior Provisions
Provisions similar to this section were contained in section 1805(c)(2) of this title, prior to the general amendment and renumbering of act , by act .
Amendments1974–2005 · 3 rounds
2005
Pub. L. 109–58 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).
1978
Pub. L. 95–604 inserted reference to section 2114 of this title.
1974
Pub. L. 93–377 substituted “qualified applicants with or without charge” for “licensees with or without charge”, and struck out “Licensees of the Commission may distribute byproduct material only to applicants therefor who are licensed by the Commission to receive such byproduct material” before “The Commission shall not”.
Credits
1946–2005 · 5 acts
- 1946Aug. 1, 1946, ch. 724, title I, § 81, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 935
- 1974amended Pub. L. 93–377, § 4, , 88 Stat. 475
- 1978Pub. L. 95–604, title II, § 205(b), , 92 Stat. 3039
- 1992renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944
- 2005Pub. L. 109–58, title VI, § 651(e)(3)(A), , 119 Stat. 807.
Show as published
(Aug. 1, 1946, ch. 724, title I, § 81, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 935; amended Pub. L. 93–377, § 4, , 88 Stat. 475; Pub. L. 95–604, title II, § 205(b), , 92 Stat. 3039; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944; Pub. L. 109–58, title VI, § 651(e)(3)(A), , 119 Stat. 807.)