42 U.S.C. § 2134 — Medical, industrial, and commercial li-

Page 5427 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2134 ‘‘(aa) issues a license in accordance with clause (i) of subparagraph (A); or ‘‘(bb) makes a finding in accordance with clause (ii) of that subparagraph; ‘‘(iii) an advanced nuclear reactor that— ‘‘(I) is a nuclear integrated energy system— ‘‘(aa) that is composed of 2 or more co-located or jointly operated subsystems of energy gen- eration, energy storage, or other technologies; ‘‘(bb) in which not fewer than 1 subsystem de- scribed in item (aa) is a nuclear energy system; and ‘‘(cc) the purpose of which is— ‘‘(AA) to reduce greenhouse gas emissions in both the power and nonpower sectors; and ‘‘(BB) to maximize energy production and efficiency; and ‘‘(II) is the first advanced nuclear reactor de- scribed in subclause (I) for which the Commis- sion— ‘‘(aa) issues a license in accordance with clause (i) of subparagraph (A); or ‘‘(bb) makes a finding in accordance with clause (ii) of that subparagraph; ‘‘(iv) an advanced reactor that— ‘‘(I) operates flexibly to generate electricity or high temperature process heat for nonelectric ap- plications; and ‘‘(II) is the first advanced nuclear reactor de- scribed in subclause (I) for which the Commis- sion— ‘‘(aa) issues a license in accordance with clause (i) of subparagraph (A); or ‘‘(bb) makes a finding in accordance with clause (ii) of that subparagraph; and ‘‘(v) the first advanced nuclear reactor for which the Commission grants approval to load nuclear fuel pursuant to the technology-inclusive regu- latory framework established under subsection (a)(4) [of section 103(a) of Pub. L. 115–439, set out in a note above]. ‘‘(3) FEDERAL FUNDING LIMITATIONS.— ‘‘(A) EXCLUSION OF TVA FUNDS.—In this paragraph, the term ‘Federal funds’ does not include funds re- ceived under the power program of the Tennessee Valley Authority established pursuant to the Ten- nessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.). ‘‘(B) LIMITATION ON AMOUNTS EXPENDED.—An award under this subsection shall not exceed the total amount expended (excluding any expenditures made with Federal funds received for the applicable project and an amount equal to the minimum cost-share re- quired under section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352)) by the eligible entity receiving the award for licensing costs relating to the project for which the award is made. ‘‘(C) REPAYMENT AND DIVIDENDS NOT REQUIRED.— Notwithstanding section 9104(a)(4) of title 31, United States Code, or any other provision of law, an eligible entity that receives an award under this subsection shall not be required— ‘‘(i) to repay that award or any part of that award; or ‘‘(ii) to pay a dividend, interest, or other similar payment based on the sum of that award.’’ [For definitions of terms used in section 103(f) of Pub. L. 115–439, set out above, see section 3 of Pub. L. 115–439, set out as a note under section 2215 of this title.] § 2134. Medical, industrial, and commercial li- censes (a) Medical therapy The Commission is authorized to issue licenses to persons applying therefor for utilization fa- cilities for use in medical therapy. In issuing such licenses the Commission is directed to per- mit the widest amount of effective medical ther- apy possible with the amount of special nuclear material available for such purposes and to im- pose the minimum amount of regulation con- sistent 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 sec- tion 2132 of this title, or where specifically au- thorized by law, the Commission is authorized to issue licenses under this subsection to per- sons applying therefor for utilization and pro- duction facilities for industrial and commercial purposes. In issuing licenses under this sub- section, the Commission shall impose the min- imum 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 (1) In general Subject to paragraphs (2) and (3), the Com- mission is authorized to issue licenses to per- sons applying therefor for utilization and pro- duction facilities useful in the conduct of re- search and development activities of the types specified in section 2051 of this title. (2) Regulation The Commission is directed to impose only such minimum amount of regulation of the li- censee 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 con- duct of widespread and diverse research and development. (3) 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 ac- tivities 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 edu- cation 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 en- ergy. (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, ex- cept for the export of production or utilization facilities under terms of an agreement for co- operation arranged pursuant to section 2153 of this title or except under the provisions of sec- tion 2139 of this title. No license may be issued to any corporation or other entity if the Com- mission knows or has reason to believe it is owned, controlled, or dominated by an alien, a Page 5428 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2135 foreign corporation, or a foreign government. In any event, no license may be issued to any per- son 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, § 104, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 937; amended Pub. L. 91–560, § 5, Dec. 19, 1970, 84 Stat. 1472; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 115–439, title I, § 106(b), Jan. 14, 2019, 132 Stat. 5577; Pub. L. 118–67, div. B, title VI, § 601, July 9, 2024, 138 Stat. 1481.) 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. head- ing; designated first sentence as par. (1), inserted par. heading, and substituted ‘‘Subject to paragraphs (2) and (3), the Commission’’ for ‘‘The Commission’’; des- ignated second sentence as par. (2) and inserted head- ing; and substituted par. (3) for third sentence which read as follows: ‘‘The Commission is authorized to issue licenses under this section for utilization facilities use- ful in the conduct of research and development activi- ties 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, en- ergy, or both, other than research and development or education and training, of which not more than 50 per- cent 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 sub- section (b)’’ after ‘‘section 2051 of this title’’ and in- serted at end ‘‘The Commission is authorized to issue licenses under this section for utilization facilities use- ful in the conduct of research and development activi- ties 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, en- ergy, or both, other than research and development or education and training, of which not more than 50 per- cent may be through sales of energy.’’ 1970—Subsec. (b). Pub. L. 91–560 substituted provi- sions authorizing the issue of licenses for utilization or production facilities for industrial or commercial pur- poses (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 sec- tion 2134(b), for provisions authorizing the issue of li- censes 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 invest- ment in research and test reactors.’’ § 2135. Antitrust provisions governing licenses (a) Violations of antitrust laws Nothing contained in this chapter shall relieve any person from the operation of the following Acts, as amended, ‘‘An Act to protect trade and commerce against unlawful restraints and mo- nopolies’’ approved July second, eighteen hun- dred and ninety; sections seventy-three to sev- enty-six, inclusive, of an Act entitled ‘‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes’’ approved August twenty-seven, eighteen hundred and ninety-four; ‘‘An Act to supplement existing laws against unlawful restraints and monopo- lies, and for other purposes’’ approved October fifteen, nineteen hundred and fourteen; and ‘‘An Act to create a Federal Trade Commission, to defined its powers and duties, and for other pur- poses’’ approved September twenty-six, nineteen hundred and fourteen. In the event a licensee is found by a court of competent jurisdiction, ei- ther in an original action in that court or in a proceeding to enforce or review the findings or orders of any Government agency having juris- diction under the laws cited above, to have vio- lated any of the provisions of such laws in the conduct of the licensed activity, the Commis- sion may suspend, revoke, or take such other ac- tion as it may deem necessary with respect to any license issued by the Commission under the provisions of this chapter. (b) Reports to Attorney General The Commission shall report promptly to the Attorney General any information it may have with respect to any utilization of special nuclear material or atomic energy which appears to vio- late or to tend toward the violation of any of the foregoing Acts, or to restrict free competition in private enterprise. (c) Transmissions to Attorney General of copies of license applications; publication of advice; factors considered; exceptions (1) The Commission shall promptly transmit to the Attorney General a copy of any license application provided for in paragraph (2) of this subsection, and a copy of any written request provided for in paragraph (3) of this subsection; and the Attorney General shall, within a reason- able time, but in no event to exceed 180 days after receiving a copy of such application or written request, render such advice to the Com- mission as he determines to be appropriate in regard to the finding to be made by the Commis- sion pursuant to paragraph (5) of this sub- section. Such advice shall include an explana- tory statement as to the reasons or basis there- for. (2) Paragraph (1) of this subsection shall apply to an application for a license to construct or operate a utilization or production facility under section 2133 of this title: Provided, how-