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42 U.S.C. § 2093 — Domestic distribution of source material

submitted 80 years ago by ch. 724 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 296 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Commission may license and distribute source material in the United States for listed research, medical, licensed, or approved uses. It must set minimum licensing criteria and must charge for some distributions while setting written criteria for charges on others.

(a) License The Commission is authorized to issue licenses for and to distribute source material within the United States to qualified applicants requesting such material— (1) for the conduct of research and development activities of the types specified in section 2051 of this title ; (2) for use in the conduct of research and development activities or in medical therapy under a license issued under section 2134 of this title ; (3) for use under a license issued under section 2133 of this title ; or (4) for any other use approved by the Commission as an aid to science or industry. (b) Minimum criteria for licenses The Commission must establish, by rule, minimum criteria for the issuance of specific or general licenses for the distribution of source material depending upon the degree of importance to the common defense and security or to the health and safety of the public of— (1) the physical characteristics of the source material to be distributed; (2) the quantities of source material to be distributed; and (3) the intended use of the source material to be distributed. (c) Determination of charges The Commission may make a reasonable charge determined under section 2201(m) of this title for the source material licensed and distributed under subsection (a)(1), (a)(2), or (a)(4) and must make a reasonable charge determined under section 2201(m) of this title , for the source material licensed and distributed under subsection (a)(3). The Commission must establish criteria in writing for the determination of whether a charge will be made for the source material licensed and distributed under subsection (a)(1), (a)(2), or (a)(4), considering, among other things, whether the licensee is a nonprofit or eleemosynary institution and the purposes for which the source material will be used.

the actual law source: uscode.house.gov ↗public domain
(a) License

The Commission is authorized to issue licenses for and to distribute source material within the United States to qualified applicants requesting such material—

(1)

for the conduct of research and development activities of the types specified in section 2051 of this title;

(2)

for use in the conduct of research and development activities or in medical therapy under a license issued pursuant to section 2134 of this title;

(3)

for use under a license issued pursuant to section 2133 of this title; or

(4)

for any other use approved by the Commission as an aid to science or industry.

(b) Minimum criteria for licenses

The Commission shall establish, by rule, minimum criteria for the issuance of specific or general licenses for the distribution of source material depending upon the degree of importance to the common defense and security or to the health and safety of the public of—

(1)

the physical characteristics of the source material to be distributed;

(2)

the quantities of source material to be distributed; and

(3)

the intended use of the source material to be distributed.

(c) Determination of charges

The Commission may make a reasonable charge determined pursuant to section 2201(m) of this title for the source material licensed and distributed under subsection (a)(1), (a)(2), or (a)(4) and shall make a reasonable charge determined pursuant to section 2201(m) of this title, for the source material licensed and distributed under subsection (a)(3). The Commission shall establish criteria in writing for the determination of whether a charge will be made for the source material licensed and distributed under subsection (a)(1), (a)(2), or (a)(4), considering, among other things, whether the licensee is a nonprofit or eleemosynary institution and the purposes for which the source material will be used.

Source credit: (Aug. 1, 1946, ch. 724, title I, § 63, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 933; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

history & why it existsrecord from the source credit
  • 1946Enacted · Act of Aug. 1, 1946, ch. 724 · 68 Stat. 933
  • 1992Amended · Pub. L. 102-486 · 106 Stat. 2944

A history note hasn’t been published yet. The record shows enactment by ch. 724 on 1946-08-01.

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