42 U.S.C. § 2012 — Congressional findings

Page 5361 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2012 the ‘Radiation Exposure Compensation Act Amend- ments of 2000’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–134, title III, § 3101, Apr. 26, 1996, 110 Stat. 1321–335, provided that: ‘‘This subchapter [subch. A (§§ 3101–3117) of ch. 1 of title III of Pub. L. 104–134, enact- ing sections 2297h to 2297h–13 of this title, amending sections 2014, 2239, 2243, 2282, 2296b–7, 2297f, and 2297f–1 of this title and section 9101 of Title 31, Money and Fi- nance, repealing sections 2297 to 2297e–7 of this title, and enacting provisions set out as notes under section 2297 of this title and section 9101 of Title 31] may be cited as the ‘USEC Privatization Act’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–408, § 1, Aug. 20, 1988, 102 Stat. 1066, pro- vided that: ‘‘This Act [enacting section 2282a of this title, amending sections 2014, 2210, and 2273 of this title, and enacting provisions set out as notes under sections 2014 and 2210 of this title] may be cited as the ‘Price- Anderson Amendments Act of 1988’.’’ SHORT TITLE OF 1964 AMENDMENT Pub. L. 88–489, § 21, Aug. 26, 1964, 78 Stat. 607, provided that: ‘‘This Act [amending sections 2012, 2013, 2073 to 2078, 2135, 2153, 2201, 2221, 2233, and 2234 of this title, re- pealing section 2072 of this title, and enacting provi- sions set out as notes under sections 2012 and 2072 of this title] may be cited as the ‘Private Ownership of Special Nuclear Materials Act’.’’ SHORT TITLE OF 1958 AMENDMENT Pub. L. 85–846, § 1, Aug. 28, 1958, 72 Stat. 1084, provided: ‘‘That this Act [enacting sections 2291 to 2296 of this title] may be cited as the ‘EURATOM Cooperation Act of 1958’.’’ SHORT TITLE Act Aug. 1, 1946, ch. 724, title I, § 291, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 960; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944, provided that: ‘‘This Act [enacting this chapter, amending sections 190j and 622 of Title 2, The Congress, and repealing sections 2251 to 2257 and 2315 of this title] may be cited as the ‘Atomic Energy Act of 1954’.’’ SAVINGS CLAUSE Pub. L. 118–67, div. B, title VI, § 603, July 9, 2024, 138 Stat. 1482, provided that: ‘‘Nothing in this Act [prob- ably means ‘‘this division’’, see Short Title of 2024 Amendment note above] affects authorities of the De- partment of State.’’ SEPARABILITY Act Aug. 1, 1946, ch. 724, title I, § 281, as added by act Aug. 30, 1954, § 1; renumbered title I, Oct. 24, 1992, Pub. L. 102–486, title IX, § 902(a)(8), 106 Stat. 2944, provided that: ‘‘If any provision of this Act [see Short Title note above] or the application of such provision to any per- son or circumstances, is held invalid, the remainder of this Act or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.’’ 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. DEFINITIONS Pub. L. 118–67, div. B, § 2, July 9, 2024, 138 Stat. 1449, provided that: ‘‘In this division [see Short Title of 2024 Amendment note above]: ‘‘(1) ACCIDENT TOLERANT FUEL.—The term ‘accident tolerant fuel’ has the meaning given the term in sec- tion 107(a) of the Nuclear Energy Innovation and Modernization Act (Public Law 115–439; 132 Stat. 5577). ‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Environmental Pro- tection Agency. ‘‘(3) ADVANCED NUCLEAR FUEL.—The term ‘advanced nuclear fuel’ means— ‘‘(A) advanced nuclear reactor fuel; and ‘‘(B) accident tolerant fuel. ‘‘(4) ADVANCED NUCLEAR REACTOR.—The term ‘ad- vanced nuclear reactor’ has the meaning given the term in section 3 of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215 note; Public Law 115–439). ‘‘(5) ADVANCED NUCLEAR REACTOR FUEL.—The term ‘advanced nuclear reactor fuel’ has the meaning given the term in section 3 of the Nuclear Energy Innova- tion and Modernization Act (42 U.S.C. 2215 note; Pub- lic Law 115–439). ‘‘(6) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘appropriate committees of Congress’ means— ‘‘(A) the Committee on Environment and Public Works of the Senate; and ‘‘(B) the Committee on Energy and Commerce of the House of Representatives. ‘‘(7) COMMISSION.—The term ‘Commission’ means the Nuclear Regulatory Commission. ‘‘(8) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in section 101(a) of the Higher Edu- cation Act of 1965 (20 U.S.C. 1001(a)). ‘‘(9) NATIONAL LABORATORY.—The term ‘National Laboratory’ has the meaning given the term in sec- tion 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).’’ § 2012. Congressional findings The Congress of the United States makes the following findings concerning the development, use, and control of atomic energy: (a) The development, utilization, and control of atomic energy for military and for all other purposes are vital to the common defense and security. (b) Repealed. Pub. L. 88–489, § 1, Aug. 26, 1964, 78 Stat. 602. (c) The processing and utilization of source, byproduct, and special nuclear material affect interstate and foreign commerce and must be regulated in the national interest. (d) The processing and utilization of source, byproduct, and special nuclear material must be regulated in the national interest and in order to provide for the common defense and security and to protect the health and safety of the pub- lic. (e) Source and special nuclear material, pro- duction facilities, and utilization facilities are affected with the public interest, and regulation by the United States of the production and utili- zation of atomic energy and of the facilities used in connection therewith is necessary in the national interest to assure the common defense and security and to protect the health and safe- ty of the public. (f) The necessity for protection against pos- sible interstate damage occurring from the oper- ation of facilities for the production or utiliza- tion of source or special nuclear material places the operation of those facilities in interstate commerce for the purposes of this chapter. (g) Funds of the United States may be pro- vided for the development and use of atomic en- ergy under conditions which will provide for the Page 5362 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2013 common defense and security and promote the general welfare. (h) Repealed. Pub. L. 88–489, § 2, Aug. 26, 1964, 78 Stat. 602. (i) In order to protect the public and to en- courage the development of the atomic energy industry, in the interest of the general welfare and of the common defense and security, the United States may make funds available for a portion of the damages suffered by the public from nuclear incidents, and may limit the liabil- ity of those persons liable for such losses. (Aug. 1, 1946, ch. 724, title I, § 2, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 921; amended Pub. L. 85–256, § 1, Sept. 2, 1957, 71 Stat. 576; Pub. L. 88–489, §§ 1, 2, Aug. 26, 1964, 78 Stat. 602; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (f), 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 clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. PRIOR PROVISIONS A prior section 2 of act Aug. 1, 1946, ch. 724, 60 Stat. 756, which related to establishment of Atomic Energy Commission, its membership, tenure, compensation, and appointment of certain officers and committees, was classified to section 1802 of this title, prior to the general amendment of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 1964—Subsec. (b). Pub. L. 88–489, § 1, struck out sub- sec. (b) which found that use of United States property by others must be regulated in national interest and in order to provide for common defense and security and to protect health and safety of public. Subsec. (h). Pub. L. 88–489, § 2, struck out subsec. (h) which found it essential to common defense and secu- rity that title to all special nuclear material be in United States while such special nuclear material is within United States. 1957—Subsec. (i). Pub. L. 85–256 added subsec. (i). Statutory Notes and Related Subsidiaries CONTROL AND REGULATION POWERS OF UNITED STATES AND OF ATOMIC ENERGY COMMISSION UNAFFECTED BY PRIVATE OWNERSHIP OF SPECIAL NUCLEAR MATE- RIALS Pub. L. 88–489, § 20, Aug. 26, 1964, 78 Stat. 607, provided that: ‘‘Nothing in this Act [amending this section and sections 2013, 2073 to 2078, 2135, 2153, 2201, 2233 and 2234 of this title, repealing section 2072 of this title, and en- acting provisions set out as notes under this section and section 2072 of this title] shall be deemed to dimin- ish existing authority of the United States, or of the Atomic Energy Commission under the Atomic Energy Act of 1954, as amended [this chapter], to regulate source, byproduct, and special nuclear material and production and utilization facilities, or to control such materials and facilities exported from the United States by imposition of governmental guarantees and security safeguards with respect thereto, in order to as- sure the common defense and security and to protect the health and safety of the public, or to reduce the re- sponsibility of the Atomic Energy Commission to achieve such objectives.’’ § 2013. Purpose of chapter It is the purpose of this chapter to effectuate the policies set forth above by providing for— (a) a program of conducting, assisting, and fostering research and development in order to encourage maximum scientific and industrial progress; (b) a program for the dissemination of un- classified scientific and technical information and for the control, dissemination, and declas- sification of Restricted Data, subject to appro- priate safeguards, so as to encourage scientific and industrial progress; (c) a program for Government control of the possession, use, and production of atomic en- ergy and special nuclear material, whether owned by the Government or others, so di- rected as to make the maximum contribution to the common defense and security and the national welfare, and to provide continued as- surance of the Government’s ability to enter into and enforce agreements with nations or groups of nations for the control of special nu- clear materials and atomic weapons; (d) a program to encourage widespread par- ticipation in the development and utilization of atomic energy for peaceful purposes to the maximum extent consistent with the common defense and security and with the health and safety of the public; (e) a program of international cooperation to promote the common defense and security and to make available to cooperating nations the benefits of peaceful applications of atomic energy as widely as expanding technology and considerations of the common defense and se- curity will permit; and (f) a program of administration which will be consistent with the foregoing policies and programs, with international arrangements, and with agreements for cooperation, which will enable the Congress to be currently in- formed so as to take further legislative action as may be appropriate. (Aug. 1, 1946, ch. 724, title I, § 3, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 922; amended Pub. L. 88–489, § 3, Aug. 26, 1964, 78 Stat. 602; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 prin- cipally 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. PRIOR PROVISIONS A prior section 3 of act Aug. 1, 1946, ch. 724, 60 Stat. 758, which related to research and development activi- ties by the Atomic Energy Commission, was classified to section 1803 of this title, prior to the general amend- ment of act Aug. 1, 1946, by act Aug. 30, 1954. Sections 4 to 10 of act Aug. 1, 1946, ch. 724, 60 Stat. 759–766, which related to production of fissionable ma- terial, prohibited acts, ownership and operation of pro- duction facilities, irradiation of materials, and manu- facture of production facilities; control of fissionable