75
STAT.]
PUBLIC LAW 87'206-SEPT. 6, 1961
479
sion, or radiation produced in the conduct of any program undertaken by the Commission involving the detonation of an explosive device, where such claim is presented to the Commission in writing within one year after the accident or incident out of which the claim arises: Provided, however, That the damage to or loss of property, or bodily injury or death, shall not have been caused in whole or in part by any negligence or wrongful act on the part of the claimant, his agents, or employees. Any such settlement under the authority of this section shall be final and conclusive for all purposes, notwithstanding any other provision of law to the contrary. If the Commission considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this section, the Commission may report the facts and circumstances thereof to the Cong^ress for its consideration." SEC. 15. Subsection d. of section 170 of the Atomic Energy Act of Indemnification. 1954, as amended, is amended by adding at the end thereof the follow- 42 USC 2210. ing new sentence: "A contractor with whom an agreement of indemnification has been executed and who is engaged in activities connected with the underground detonation of a nuclear explosive device shall be liable, to the extent so indemnified under this section, for injuries or damage sustained as a result of such detonation in the same manner and to the same extent as would a private person acting as principal, and no immunity or defense founded in the Federal, State, or municipal character of the contractor or of the work to be performed under the contract shall be effective to bar such liability." 68 SEC. 16. The Atomic Energy Act of 1954, as amended, is amended 4 2 Stat. e919.0 1 1 us 2 by adding thereto the following new section: note. " S E O. 190. LICENSEE INCIDENT REPORTS.—No report by any licensee of any incident arising out of or in connection with a licensed activity made pursuant to any requirement of the Commission shall be admitted as evidence in any suit or action for damages growing out of any matter mentioned in such report." SEC. 17. The second sentence of section 202 of the Atomic Energy Act of 1954, as amended, is amended by striking out the word "sixty" 42 USC 2252. and adding in lieu thereof the word "ninety". EURATOM o SEC. 18. Section 4(c) of the E U R ATOM Cooperation Act of 1958 operation A c tCo fis amended to read as follows: 1958, amendments. 72 1084. "SEC. 4. (c) The Commission shall establish and publish criteria 4 2 Stat. e 2 2 9 1 us for computing the maximum fuel element charge and minimum fuel nole", 2^293 element life to be guaranteed by the manufacturer as a basis for inviting and evaluating proposals." SEC. 19. Section 5 of the E U R A TO M Cooperation Act of 1958 is 42 USC 2294. amended in the following particulars: (a) by deleting the words "One kilogram" and substituting the words "Nine kilograms" immediately following "Thirty thousand kilograms of contained uranium 235", (b) by adding the words "Thirty kilograms of uranium 233" as an additional item immediately following "Nine kilograms of plutonium", and (c) by adding the words "or agreements" immediately following the words "an agreement". SEC. 20. Section 7 of the E U R A TO M Cooperation Act of 1958 is 42 USC 2296. amended by deleting the period after the word "amended" and inserting thereafter the following: •And provided further, That nothing in this section shall apply to arrangements made by the Commission under a research and development program authorized in section 3." 42 USC 2292. Approved September 6, 1961.
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