PRIA, Government Policy, Made Personal

Summary

Congress says the development, use, and control of atomic energy must be done in ways that protect the nation’s defense, security, health, and safety. Activities that process or use source, byproduct, and special nuclear material affect trade across state lines and with other countries, so the federal government must regulate them in the national interest. Facilities that make or use these materials are treated as matters of public concern, and their operation can cause harm across state lines, which brings them under federal commerce authority. The United States may provide money to support the development and use of atomic energy when it helps defense and the general welfare. To protect the public and encourage the industry, the government may pay part of damages from nuclear incidents and may limit the liability of those responsible. Two clauses of the original text were repealed on Aug. 26, 1964 (Pub. L. 88–489).

Title 42, §2012

The Public Health and Welfare, Source: USLM XML via OLRC

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(b)Repealed.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 public.

(e)Source and special nuclear material, production facilities, and utilization facilities are affected with the public interest, and regulation by the United States of the production and utilization 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 safety of the public.

(f)The necessity for protection against possible interstate damage occurring from the operation of facilities for the production or utilization 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 provided for the development and use of atomic energy under conditions which will provide for the 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 encourage 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 liability of those persons liable for such losses.

Notes & Related Subsidiaries

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 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.

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 subsec. (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 security 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 Materials Pub. L. 88–489, § 20, Aug. 26, 1964, 78 Stat. 607, provided that: “Nothing in this Act [amending this section and section 2013, 2073 to 2078, 2135, 2153, 2201, 2233 and 2234 of this title, repealing section 2072 of this title, and enacting provisions set out as notes under this section and section 2072 of this title] shall be deemed to diminish 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 assure the common defense and security and to protect the health and safety of the public, or to reduce the responsibility of the Atomic Energy Commission to achieve such objectives.”

§2012 Congressional Findings