
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2133]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                  SUBCHAPTER IX--ATOMIC ENERGY LICENSES
 
Sec. 2133. Commercial licenses


(a) Conditions

    The Commission is authorized to issue licenses to persons applying 
therefor to transfer or receive in interstate commerce, manufacture, 
produce, transfer, acquire, possess, use, import, or export under the 
terms of an agreement for cooperation arranged pursuant to section 2153 
of this title, utilization or production facilities for industrial or 
commercial purposes. Such licenses shall be issued in accordance with 
the provisions of subchapter XV of this division and subject to such 
conditions as the Commission may by rule or regulation establish to 
effectuate the purposes and provisions of this chapter.

(b) Nonexclusive basis

    The Commission shall issue such licenses on a nonexclusive basis to 
persons applying therefor (1) whose proposed activities will serve a 
useful purpose proportionate to the quantities of special nuclear 
material or source material to be utilized; (2) who are equipped to 
observe and who agree to observe such safety standards to protect health 
and to minimize danger to life or property as the Commission may by rule 
establish; and (3) who agree to make available to the Commission such 
technical information and data concerning activities under such licenses 
as the Commission may determine necessary to promote the common defense 
and security and to protect the health and safety of the public. All 
such information may be used by the Commission only for the purposes of 
the common defense and security and to protect the health and safety of 
the public.

(c) License period

    Each such license shall be issued for a specified period, as 
determined by the Commission, depending on the type of activity to be 
licensed, but not exceeding forty years, and may be renewed upon the 
expiration of such period.

(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, or except under the provisions of section 2139 of 
this title. No license may be issued to an alien or any any \1\ 
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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    \1\ So in original.
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(f) \2\ Accident notification condition; license revocation; license 
        amendment to include condition
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    \2\ So in original. Probably should be ``(e)''.
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    Each license issued for a utilization facility under this section or 
section 2134(b) of this title shall require as a condition thereof that 
in case of any accident which could result in an unplanned release of 
quantities of fission products in excess of allowable limits for normal 
operation established by the Commission, the licensee shall immediately 
so notify the Commission. Violation of the condition prescribed by this 
subsection may, in the Commission's discretion, constitute grounds for 
license revocation. In accordance with section 2237 of this title, the 
Commission shall promptly amend each license for a utilization facility 
issued under this section or section 2134(b) of this title which is in 
effect on June 30, 1980, to include the provisions required under this 
subsection.

(Aug. 1, 1946, ch. 724, title I, Sec. 103, as added Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 936; amended Aug. 6, 1956, ch. 1015, Secs. 12, 
13, 70 Stat. 1071; Pub. L. 91-560, Sec. 4, Dec. 19, 1970, 84 Stat. 1472; 
Pub. L. 96-295, title II, Sec. 201, June 30, 1980, 94 Stat. 786; 
renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 
1992, 106 Stat. 2944.)


                               Amendments

    1980--Subsec. (f). Pub. L. 96-295 added subsec. (f).
    1970--Subsec. (a). Pub. L. 91-560 struck out requirement of a 
finding of practical value under section 2132 and substituted 
``utilization and production facilities for industrial or commercial 
purposes'' for ``such type of utilization or production facility''.
    1956--Subsec. (a). Act Aug. 6, 1956, Sec. 12, inserted ``use,'' 
after ``possess,''.
    Subsec. (d). Act Aug. 6, 1956, Sec. 13, inserted ``an alien or any'' 
after ``issued to''.

                          Transfer of Functions

    Atomic Energy Commission abolished and functions transferred by 
sections 5814 and 5841 of this title. See also Transfer of Functions 
notes set out under those sections.

                  Section Referred to in Other Sections

    This section is referred to in sections 2014, 2019, 2020, 2073, 
2076, 2077, 2093, 2021b, 2131, 2132, 2135, 2136, 2138, 2153, 2154, 2165, 
2169, 2183, 2201, 2209, 2210, 2232, 2239, 2242, 2273, 2282, 2283, 10101, 
10222 of this title.
