42 U.S.C. § 2013

Purpose of chapter

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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 unclassified scientific and technical information and for the control, dissemination, and declassification of Restricted Data, subject to appropriate safeguards, so as to encourage scientific and industrial progress;(c) a program for Government control of the possession, use, and production of atomic energy and special nuclear material, whether owned by the Government or others, so directed as to make the maximum contribution to the common defense and security and the national welfare, and to provide continued assurance of the Government’s ability to enter into and enforce agreements with nations or groups of nations for the control of special nuclear materials and atomic weapons;(d) a program to encourage widespread participation 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 security 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 informed 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 NotesReferences 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 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 3 of act Aug. 1, 1946, ch. 724, 60 Stat. 758, which related to research and development activities by the Atomic Energy Commission, was classified to section 1803 of this title, prior to the general amendment 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 material, prohibited acts, ownership and operation of production facilities, irradiation of materials, and manufacture of production facilities; control of fissionable materials; military application of atomic energy; license requirements for utilization of atomic energy, reports to Congress, and issuance of licenses; force and effect of international agreements; property of Commission and its exempt status from taxation; and control of information, were classified to sections 1804 to 1810, respectively, of this title, prior to the general amendment of act Aug. 1, 1946, by act Aug. 30, 1954. Section numbers 4 to 10 were not repeated in the general amendment of act Aug. 1, 1946.

Amendments

1964—Subsec. (c). Pub. L. 88–489 inserted “whether owned by the Government or others” and “and to provide continued assurance of the Government’s ability to enter into and enforce agreements with nations or groups of nations for the control of special nuclear materials and atomic weapons”.

Notes of Decisions

Cited in 32 cases, 1956–2017 · leading case: Silkwood v. Kerr-McGee Corp., 464 U.S. 238 (1984).

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Silkwood v. Kerr-McGee Corp., 464 U.S. 238 (1984). · cites it 4× “Kerr-McGee contends that the award is pre-empted because it frustrates Congress' express desire "to encourage widespread participation in the development and utilization of atomic energy for peaceful purposes.”

Wyeth v. Levine, 555 U.S. 555 (2009). · cites it 2× “70, 104 (2006) ("Legislators may compromise on a statute that does not fully address a perceived mischief, accepting half a loaf to facilitate a law's enactment"). Therefore, there is no factual basis for the assumption underlying the Court's "purposes and objectives"…”

Pac. Gas & Elec. Co. v. State Energy Resources Conservation & Dev. Comm'n, 461 U.S. 190 (1983). · cites it 2× “" 42 U. S. C. § 2013 (d). The House and Senate Reports confirmed that it was "a major policy goal of the United States" that the involvement of private industry would "speed the further development of the peaceful uses of atomic energy.”

Virginia Uranium, Inc. v. John Warren, 848 F.3d 590 (4th Cir. 2017). · cites it 4× “” 42 U.S.C. § 2013 (d) (emphasis added). To this end, the Act was designed “to insure that nuclear technology [would] be safe enough for [such] widespread development and use.”

Goodyear Atomic Corp. v. Miller, 486 U.S. 174 (1988). · cites it 2× “See 42 U. S. C. § 2013 (c). [3] Appellees and amici argue that Hancock should be read as applying only to situations in which the state regulation may act to prohibit the operation of the federally owned facility.”

Morris v. United States Nuclear Regulatory Comm'n, 598 F.3d 677 (10th Cir. 2010). · cites it 2× “To effectuate this purpose, the AEA provides for "a program of conducting, assisting and fostering research and development in order to encourage maximum scientific and industrial progress" and "to encourage widespread participation *689 in the development and utilization of…”

Critical Mass Energy Proj. v. Nuclear Regulatory Comm'n, 975 F.2d 871 (D.C. Cir. 1992). “” 42 U.S.C. § 2013 (d). The FOIA request we face seeks no “information about private citizens that happens to be in the warehouse of the Government”; disclosure is sought “not primarily in the commercial interest of the requester,” but to advance public understanding of the…”

Arthur D. Little, Inc. v. Comm'r of Health & Hospitals, 481 N.E.2d 441 (Mass. 1985). · cites it 2× “42 U.S.C. § 2013 (d) (1982) (purpose of Atomic Energy Act to "encourage widespread participation in the development and utilization of atomic energy").”

Est. of Ware Ex Rel. Boyer v. Hosp. of the Univ. of Pennsylvania, 871 F.3d 273 (3rd Cir. 2017). “]” 42 U.S.C. § 2013 . Highlighting the Act’s scientific aims, § 2210(k) specifically sets certain financial requirements that apply to non-profit educational institutions.”

Thornock v. State, 745 P.2d 324 (Mont. 1987). · cites it 2× “2d at 458 , citing 42 U.S.C. § 2013 (d). The Supreme Court also noted that punitive damages would not be contrary to the federal act since 42 U.”

Scientists' Inst. for Pub. Info., Inc. v. Atomic Energy Comm'n, 481 F.2d 1079 (D.C. Cir. 1973). “Thus an agency like AEC, which has a statutory mandate to develop nuclear technologies, see 42 U.S.C. §§ 2013 , '2014 (x), 2051(a)(4) (1970), may minimize the possible adverse effects of its technology development programs.”

Cook v. Rockwell Int'l Corp., 273 F. Supp. 2d 1175 (D. Colo. 2003). “” 42 U.S.C. § 2013 (c); see Duke Power, 438 U.”

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