---
kind: "section"
citation: "42 U.S.C. § 2111"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2111"
heading: "Domestic distribution"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2111"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter VII — Byproduct Materials"
---

# §2111. Domestic distribution

- (a) **In general—** No [person](/usc/42/2014.md?p=s) may transfer or receive in interstate commerce, manufacture, [produce](/usc/42/2014.md?p=u), transfer, acquire, own, possess, import, or export any [byproduct material](/usc/42/2014.md?p=e), except to the extent authorized by this section, [section 2112](/usc/42/2112.md) or [section 2114 of this title](/usc/42/2114.md). The [Commission](/usc/42/2014.md?p=f) is authorized to issue general or specific licenses to applicants seeking to use [byproduct material](/usc/42/2014.md?p=e) for research or development purposes, for medical therapy, industrial uses, agricultural uses, or such other useful applications as may be developed. The [Commission](/usc/42/2014.md?p=f) may distribute, sell, loan, or lease such [byproduct material](/usc/42/2014.md?p=e) as it owns to qualified applicants with or without charge: Provided, however, That, for [byproduct material](/usc/42/2014.md?p=e) to be distributed by the [Commission](/usc/42/2014.md?p=f) for a charge, the [Commission](/usc/42/2014.md?p=f) shall establish prices on such equitable basis as, in the opinion of the [Commission](/usc/42/2014.md?p=f), (a) will provide reasonable compensation to the Government for such material, (b) will not discourage the use of such material or the development of sources of supply of such material independent of the [Commission](/usc/42/2014.md?p=f), and (c) will encourage [research and development](/usc/42/2014.md?p=x). In distributing such material, the [Commission](/usc/42/2014.md?p=f) shall give preference to applicants proposing to use such material either in the conduct of [research and development](/usc/42/2014.md?p=x) or in medical therapy. The [Commission](/usc/42/2014.md?p=f) shall not permit the distribution of any [byproduct material](/usc/42/2014.md?p=e) to any licensee, and shall recall or order the recall of any distributed material from any licensee, who is not equipped to observe or who fails to observe such safety standards to protect health as may be established by the [Commission](/usc/42/2014.md?p=f) or who uses such material in [violation](/usc/42/2000e–16a.md?p=c) of law or regulation of the [Commission](/usc/42/2014.md?p=f) or in a manner other than as disclosed in the application therefor or approved by the [Commission](/usc/42/2014.md?p=f). The [Commission](/usc/42/2014.md?p=f) is authorized to establish classes of [byproduct material](/usc/42/2014.md?p=e) and to exempt certain classes or quantities of material or kinds of uses or users from the requirements for a license set forth in this section when it makes a finding that the exemption of such classes or quantities of such material or such kinds of uses or users will not constitute an unreasonable risk to the [common defense and security](/usc/42/2014.md?p=g) and to the health and safety of the public.
- (b) **Requirements—**
  - (1) **In general—** Except as provided in [paragraph (2)](#b-2), [byproduct material](/usc/42/2014.md?p=e), as defined in paragraphs (3) and (4) of [section 2014(e) of this title](/usc/42/2014.md?p=e), may only be transferred to and disposed of in a [disposal](/usc/42/2021b.md?p=7) facility that—
    - (A) is adequate to protect public health and safety; and
    - (B)
      - (i) is licensed by the [Commission](/usc/42/2014.md?p=f); or
      - (ii) is licensed by a [State](/usc/42/2021b.md?p=14) that has entered into an agreement with the [Commission](/usc/42/2014.md?p=f) under [section 2021(b) of this title](/usc/42/2021.md?p=b), if the licensing requirements of the [State](/usc/42/2021b.md?p=14) are compatible with the licensing requirements of the [Commission](/usc/42/2014.md?p=f).
  - (2) **Effect of subsection—** Nothing in this subsection affects the authority of any entity to dispose of [byproduct material](/usc/42/2014.md?p=e), as defined in paragraphs (3) and (4) of [section 2014(e) of this title](/usc/42/2014.md?p=e), at a [disposal](/usc/42/2021b.md?p=7) facility in accordance with any Federal or [State](/usc/42/2021b.md?p=14) solid or hazardous waste law, including the Solid Waste Disposal Act ([42 U.S.C. 6901](/usc/42/6901.md) et seq.).
- (c) **Treatment as low-level radioactive waste—** [Byproduct material](/usc/42/2014.md?p=e), as defined in paragraphs (3) and (4) of [section 2014(e) of this title](/usc/42/2014.md?p=e), disposed of under this section shall not be considered to be [low-level radioactive waste](/usc/42/2021b.md?p=9-A) for the purposes of—
  - (1) [section 2](/usc/42/2.md) of the [Low-Level Radioactive Waste](/usc/42/2021b.md?p=9-A) Policy Act ([42 U.S.C. 2021b](/usc/42/2021b.md)); or
  - (2) carrying out a [compact](/usc/42/2021b.md?p=4) that is—
    - (A) entered into in accordance with that Act ([42 U.S.C. 2021b](/usc/42/2021b.md) et seq.); and
    - (B) approved by Congress.

## Source credit

(Aug. 1, 1946, ch. 724, title I, § 81, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 935; amended Pub. L. 93–377, § 4, Aug. 17, 1974, 88 Stat. 475; Pub. L. 95–604, title II, § 205(b), Nov. 8, 1978, 92 Stat. 3039; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 109–58, title VI, § 651(e)(3)(A), Aug. 8, 2005, 119 Stat. 807.)

## Notes

### Editorial Notes

### References in Text

The Solid Waste Disposal Act, referred to in subsec. (b)(2), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.

The Low-Level Radioactive Waste Policy Act, referred to in subsec. (c)(2)(A), is Pub. L. 96–573, as amended generally by Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1842, which is classified generally to section 2021b et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2021b of this title and Tables.

### Prior Provisions

Provisions similar to this section were contained in section 1805(c)(2) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

### Amendments

2005—Pub. L. 109–58 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).

1978—Pub. L. 95–604 inserted reference to section 2114 of this title.

1974—Pub. L. 93–377 substituted “qualified applicants with or without charge” for “licensees with or without charge”, and struck out “Licensees of the Commission may distribute byproduct material only to applicants therefor who are licensed by the Commission to receive such byproduct material” before “The Commission shall not”.