Page:United States Statutes at Large Volume 89.djvu/1171

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PUBLIC LAW 94-000—MMMM. DD, 1975

PUBLIC LAW 94-197—DEC. 31, 1975

89 STAT. 1111

Public Law 94-197 94th Congress An Act To amend the Atomic Energy Act of 1954, as amended, to provide for the phaseout of governmental indemnity as a source of funds for public remuneration in the event of a nuclear incident, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 11 of the Atomic Energy Act of 1964, as amended, is amended b)^ amending subsections q. and t. to read as follows: "q. The term 'nuclear incident' means any occurrence, including an extraordinary nuclear occurrence, within the United States causing, within or outside the United States, bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material: Provided, however, That as the term is used in subsection 170 1., it shall include any such occurrence outside the United States: A7id provided further, That as the term is used in subsection 170 d., it shall include any such occurrence outside the United States if such occurrence involves source, special nuclear, or byproduct material owned by, and used by or under contract with, the United States: And provided further. That as the term is used in subsection 170 c, it shall include any such occurrence outside both the United States and any other nation if such occurrence arises out of or results from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material licensed pursuant to chapters 6, 7, 8, and 10 of this Act, which is used in connection with the operation of a licensed stationary production or utilization facility or which moves outside the territorial limits of the United States in transit from one person licensed by the Commission to another person licensed by the Commission. "t. The term 'person indemnified' means (1) with respect to a nuclear incident occurring within the United States or outside the United States as the term is used in subsection 170 c, and with respect to any nuclear incident in connection with the design, development, construction, operation, repair, maintenance, or use of the nuclear ship Savannah, the person with whom an indemnity agreement is executed or who is required to maintain financial protection, and any other person who may be liable for public liability or (2) with respect to any other nuclear incident occurring outside the United States, the person with whom an indemnity agreement is executed and any other person who may be liable for public liability by reason of his activities under any contract with the Commission or any project to which indemnification under the provisions of subsection 170 d. has been extended or under any subcontract, purchase order, or other agreement, of any tier, under any such contract or project.". SEC. 2. Subsection 170 a. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: "a. Each license issued under section 103 or 104 and each construction permit issued under section 185 shall, and each license issued under section 53, 63, or 81 may, for the public purposes cited in subsection 2 i. of the Atomic Energy Act of 1954, as amended, have as

Dec. 3 1. 1975 [H.R. 86311

Nuclear incident. Public remuneration. 42 USC 2014. "Nuclear incident."

42 USC 2210.

42 USC 2071, 2091, 2111, 2131.

"Person indemnified."

42 USC 2210. 42 USC 2133, 2134. 42 USC 2235. 42 USC 2073, 2093, 2111. 42 USC 2012.