80 STAT. ]
PUBLIC LAW 89-645-OCT. 13, 1966
891
Public Law 89-645 AN ACT To amend the Atomic Energy Act of 1954, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 11 of the Atomic Energy Act of 1954, as amended, is amended— (1) by redesignating subsections j. and k. as subsections k. and 1., respectively, and by redesignating subsections 1. through aa. as subsections n. through c c, respectively; (2) by inserting after subsection i. the following new subsection: " j. The term 'extraordinary nuclear occurrence' means any event causing a discharge or dispersal of source, special nuclear, or byproduct material from its intended place of confinement in amounts offsite, or causing radiation levels offsite, which the Commission determines to be substantial, and which the Commission determines has resulted or will probably result in substantial damages to persons offsite or property offsite. Any determination by the Commission that such an event has, or has not, occurred shall be final and conclusive, and no other official or any court shall have power or jurisdiction to review any such determination. The Commission shall establish criteria in writing setting forth the basis upon which such determination shall be made. As used in this subsection, 'offsite' means away from 'the location' or 'the contract location' as defined in the applicable Commission indemnity agreement, entered into pursuant to section 170."; (3) by inserting after the subsection redesignated as subsection 1. by paragraph (1) of this subsection the following new subsection: "m. The term 'indemnitor' means (1) any insurer with respect to his obligations under a policy of insurance furnished as proof of financial protection; (2) any licensee, contractor or other person who is obligated under any other form of financial protection, with respect to such obligations; and (3) the Commission with respect to any obligation undertaken by it in an indemnity agreement entered into pursuant to section 170."; and (4) by inserting the phrase ", including an extraordinary nuclear occurrence," between the word "occurrence" and the word "within" in the subsection redesignated as subsection q. by paragraph (1) of this section. (b) Section 109 of such Act is amended by striking out "subsection 111. (2) or 11 aa. (2) " and inserting in lieu thereof "subsection 11 v. (2) or l i c e. (2)". SEC. 2. Subsection 170 e. of the Atomic Energy Act of 1954, as amended, is amended by deleting the last sentence. SEC. 3. Section 170 of the Atomic Energy Act of 1954, as amended, is amended by adding at the end thereof the following new subsections: "m. The Commission is authorized to enter into agreements with other indemnitors to establish coordinated procedures for the prompt handling, investigation, and settlement of claims for public liability. The Commission and other indemnitors may make payments to, or for the aid of, claimants for the purpose of providing immediate assistance following a nuclear incident. Any funds appropriated to the Commission shall be available for such payments. Such payments may be made without securing releases, shall not constitute an admission of the liability of any person indemnified or of any indemnitor, and shall operate as a satisfaction to the extent thereof of any final settlement or judgment.
October 13, 1966 [S.3830]
Atomic Energy Act of 1954, amendment. 68 Stat. 922; 71 Stat. 576. 42 USC 2014.
Definitions.
76 Stat. 4 1 1. 42 USC 2139.
76 Stat. 410. 42 USC 2210. 71 Stat. 576. Emergency assistance payments.
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