An Act to amend the Atomic Energy Act of 1954, as amended.
PL 89-645 (S.3830), enacted 10/13/1966

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 hy the Senate and House of Representatives 
of 
the United States 
of Ainerica 
in Congress assemhled^ 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 cc, respectively; 
(2) by inserting after subsection i. the following new sub-
section: 
" 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 deter-
mination. 
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 con-
tract 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 sub-
section : 
"m. The term 'indemnitor' means (1) any insurer with respect to 
his obligations under a policy of insurance furnished as proof of finan-
cial 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 obli-
gation 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 para-
graph (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 pay-
ments 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 pay-
ments. 
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 u s e 2014. 
Definitions. 
76 Stat. 411. 
42 u s e 2139. 
76 Stat. 410. 
42 u s e 2210. 
71 Stat. 576. 
Emergency as-
sistance pay-
ments. 
892. 
PUBLIC LAW 89-645-OCT. 13, 1966 
[80 STAT. 
Waiver of de- 
"jj (1) With respect to any extraordinary nuclear occurrence to 
which an insurance policy or contract furnished as proof of financial 
protection or an indemnity agreement applies and which— 
"(a) arises out of or results from or occurs in the course of the 
construction, possession, or operation of a production or utiliza-
tion facility, or 
"(b) arises out of or results from or occurs in the course of 
transportation of source material, byproduct material, or special 
nuclear material to or from a production or utilization facility, 
or 
"(c) during the course of the contract activity arises out of 
or results from the possession, operation, or use by a Commission 
contractor or subcontractor of a device utilizing special nuclear 
material or byproduct material, 
the Commission may incorporate provisions in indemnity agreements 
with licensees and contractors under this section, and may require 
provisions to be incorporated in insurance policies or contracts fur-
nished as proof of financial protection, which waive (i) any issue or 
defense as to conduct of the claimant or fault of persons indemnified, 
(ii) an 
J issue or defense as to charitable or governmental immunity, 
and (iii) any issue or defense based on any statute of limitations if suit 
is instituted within three years from the date on which the claimant 
first knew, or reasonably could have known, of his injury or damage 
and the cause thereof, but in no event more than ten years after the 
date of the nuclear incident. The waiver of any such issue or defense 
shall be effective regardless of whether such issue or defense may 
otherwise be deemed jurisdictional or relating to an element in the 
cause of action. When so incorporated, such waivers shall be judicially 
enforcible in accordance with their terms by the claimant against the 
person indemnified. Such waivers shall not preclude a defense based 
upon a failure to take reasonable steps to mitigate damages, nor shall 
such waivers apply to injury or damage to a claimant or to a claimant's 
property which is intentionally sustained by the claimant or which 
results from a nuclear incident intentionally and wrongfully caused 
by the claimant. The waivers authorized in this subsection shall, as to 
indemnitors, be effective only with respect to those obligations set 
forth in the insurance policies or the contracts furnished as proof of 
financial protection and in the indemnity agreements. Such waivers 
shall not apply to, or prejudice the prosecution or defense of, any claim 
or portion of claim which is not within the protection afforded under 
(i) the terms of insurance policies or contracts furnished as proof of 
financial protection, or indemnity agreements, and (ii) the limit of 
76 Stat. 410. 
liability provisions of subsection 170 e. 
"(2) With respect to any public liability action arising out of or 
resulting from an extraordinary nuclear occurrence, the United States 
district court in the district where the extraordinary nuclear occur-
rence takes place, or in the case of an extraordinary nuclear occurrence 
taking place outside the United States, the United States District 
Court for the District of Columbia, shall have original jurisdiction 
without regard to the citizenship of any party or the amount in con-
troversy. Upon motion of the defendant or of the Commission, any 
such action pending in any State court or United States district court 
shall be removed or transferred to the United States district court 
having venue under this subsection. 
Process of such district court 
shall be effective throughout the United States. 
fu^d's"^^""" °^ 
"^" Wh^ii^ver the United States district court in the district where a 
nuclear incident occurs, or the United States District Court for the 
District of Columbia in case of a nuclear incident occurring outside 
the United States, determines upon the petition of any indemnitor or 
80 STAT.] 
PUBLIC LAW 89-646-OCT. 13, 1966 
893 
other interested person that public liability from a single nuclear inci-
dent may exceed the limit of liability under subsection 170 e.: 
" (1) Total payments made by or for all indemnitors as a result 
of such nuclear mcident shall not exceed 15 per centum of such 
limit of liability without the prior approval of such court; 
" (2) The court shall not authorize payments in excess of 15 per 
centum of such limit of liability unless the court determines that 
such payments are or will be in accordance with a plan of distribu-
tion which has been approved by the court or such payments are 
not likely to prejudice the subsequent adoption and implementa-
tion by the court of a plan of distribution pursuant to subpara-
graph (3) of this subsection (o); and 
" (3) The Commission shall, and any other indemnitor or other 
interested person may, submit to such district court a plan for the 
disposition of pending claims and for the distribution of remain-
ing funds available. 
Such a plan shall include an allocation of 
appropriate amounts for personal injury claims, property damage 
claims, and possible latent injury claims which may not be dis-
covered until a later time. Such court shall have all power neces-
sary to approve, disapprove, or modify plans proposed, or to 
adopt another plan; and to determine the proportionate share of 
funds available for each claimant. The Commission, any other 
indemnitor, and any person indemnified shall be entitled to such 
orders as may be appropriate to implement and enforce the pro-
visions of this section, including orders limiting the liability of 
the persons indemnified, orders approving or modifying the plan, 
orders staying the payment of claims and the execution of court 
judgments, orders apportioning the payments to be made to 
claimants, and orders permitting partial payments to be made 
before final determination of the total claims. The orders of 
such court shall be effective throughout the United States." 
Approved October 13, 1966. 
76 Stat. 410. 
42 u s e 2210. 
Public Law 89-646 
JOINT RESOLUTION 
To amend the joint resolution providing for membership of the United States 
in the Pan American Institute of Geography and History and to authorize 
appropriations therefor. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled, That Public Eesolution 42, 
Seventy-fourth Congress, approved August 2, 1935 (22 U.S.C. 273), 
is amended to read as follows: "That in order to meet the obligations 
of the United States as a member of the Pan American Institute of 
Geography and History, there are authorized to be appropriated to 
the Department of State— 
"(1) such sums, not to exceed $90,300 annually, as may be re-
quired for the payment by the United States of its share of the 
expenses of the Institute, as apportioned in accordance with the 
statutes of the Institute; and 
"(2) such additional sums as may be needed annually for the 
payment of all necessary expenses incident to participation by 
the United States in the activities of the Institute." 
Approved October 13, 1966. 
October 13, 1966 
[S.J. Res. 108] 
Pan American 
Institute of 
Geography and 
History. 
Appropriation 
authorization. 
68 Stat. 1008. 
65-300 0-67—59