Title 42 — The Public Health and Welfare
Chapter 23 — Development and Control of Atomic Energy
§ 2134. Medical, industrial, and commercial licenses
Statutory text
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.
Industrial and commercial purposes
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.
Research and development activities
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.
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.
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 if—
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—
nonenergy services;
energy; or
a combination of nonenergy services and energy; and
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.
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 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.
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. § 2134
Aug. 1, 1946, ch. 724, title I, § 104, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 937
Source evidence
Code source credit
Aug. 1, 1946, ch. 724, title I, § 104, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 937Pub. L. 91–560 § 5 · 84 Stat. 1472
Substituted · 42 U.S.C. § 2134(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
Sec. 5. Subsection 104 b. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: “b. As provided for in subsection 102 b. or 102 c., 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 Act.”Nuclear Energy Innovation and Modernization Act
Pub. L. 115–439 title I § 106(b) · 132 Stat. 5565
Struck and inserted · 42 U.S.C. § 2134(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(b) Research and Development Activities.— Section 104 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) is amended— (1) in the first sentence, by striking “and which are not facilities of the type specified in subsection 104 b.” and inserting a period; and (2) by adding at the end the following: “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 31 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.”.Pub. L. 118–67 div. B title VI § 601 · 138 Stat. 1481
Inserted · 42 U.S.C. § 2134(c)
Pub. L. 118–67 inserted subsec. heading; designated first sentence as par. (1)
Inserted · 42 U.S.C. § 2134(c)
Pub. L. 118–67 inserted par. heading
Substituted · 42 U.S.C. § 2134(c)
Pub. L. 118–67 substituted “Subject to paragraphs (2) and (3), the Commission” for “The Commission”; designated second sentence as par. (2)
Inserted · 42 U.S.C. § 2134(c)
Pub. L. 118–67 inserted heading;
Substituted · 42 U.S.C. § 2134(c)
Pub. L. 118–67 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.”
Unresolved: Pub. L. 118–67 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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.”
2 of 8 references resolved to an enrolled provision · 1 partial · 5 unresolved
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.
Amendments1970–2024 · 3 rounds
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), , 132 Stat. 5577, provided that: “The purpose of this section [amending this section] is to encourage private investment in research and test reactors.”
Credits
1946–2024 · 5 acts
- 1946Aug. 1, 1946, ch. 724, title I, § 104, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 937
- 1970amended Pub. L. 91–560, § 5, , 84 Stat. 1472
- 1992renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944
- 2019Pub. L. 115–439, title I, § 106(b), , 132 Stat. 5577
- 2024Pub. L. 118–67, div. B, title VI, § 601, , 138 Stat. 1481.
Show as published
(Aug. 1, 1946, ch. 724, title I, § 104, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 937; amended Pub. L. 91–560, § 5, , 84 Stat. 1472; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944; Pub. L. 115–439, title I, § 106(b), , 132 Stat. 5577; Pub. L. 118–67, div. B, title VI, § 601, , 138 Stat. 1481.)