
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: 42USC2134]

 
                 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. 2134. Medical, industrial, and commercial licenses


(a) 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.

(b) 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.

(c) Research and development activities

    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 and which are not facilities of the type specified in 
subsection (b) of this section. 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.

(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 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.

(Aug. 1, 1946, ch. 724, title I, Sec. 104, as added Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 937; amended Pub. L. 91-560, Sec. 5, Dec. 19, 
1970, 84 Stat. 1472; renumbered title I, Pub. L. 102-486, title IX, 
Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)


                               Amendments

    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.

                          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.


                            Cross References

    Nonprofit educational institution exempt from financial protection 
requirement, see section 2210 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2014, 2073, 2074, 2076, 
2077, 2093, 2021b, 2131, 2132, 2133, 2136, 2138, 2153, 2154, 2165, 2169, 
2183, 2201, 2209, 2210, 2214, 2232, 2239, 2242, 2273, 2282, 2283, 10101, 
10222 of this title; title 22 section 2778.
