An Act to amend the Atomic Energy Act of 1954, as amended, and for other purposes.
PL 87-615 (S.3491), enacted 08/29/1962

76 STAT. ] 
PUBLIC LAW 87-615-AUG. 29, 1962 
409 
Public Law 87-615 
AN ACT 
To amend the Atomic Energy Act of 1954, as amended, and for other purposes. 
August 29, 1962 
[S. 3491] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the Atomic 
Energy Act of 1954 is amended by adding thereto the following new 
section: 
"SEC. 191. ATOMIC SAFETY AND LICENSING BOARD.— 
"a. Notwithstanding the provisions of sections 7(a) and 8(a) of 
the Administrative Procedure Act, the Commission is authorized to 
establish one or more atomic safety and licensing boards, each com-
posed of three members, two of whom shall be technically qualified 
and one of whom shall be qualified in the conduct of administrative 
proceedings, to conduct such hearings as the Commission maj direct 
and make such intermediate or final decisions as the Commission may 
authorize with respect to the granting, suspending, revoking or amend-
ing of any license or authorization under the provisions of this Act, 
any other provision of law, or any regulation of the Commission 
issued thereunder. 
The Commission may delegate to a board such 
other regulatory functions as the Commission deems appropriate. 
The Commission may appoint a panel of qualified persons from which 
board members may be selected. 
"b. Board members may be appointed by the Commission from pri-
vate life, or designated from the staff of the Commission or other Fed-
eral agency. 
Board members appointed from private life shall receive 
a per diem compensation for each day spent in meetings or confer-
ences, and all members shall receive their necessary traveling or other 
expenses while engaged in the work of a board. 
The provisions of 
section 163 shall be applicable to board members appointed from pri-
vate life." 
SEC. 2. The second sentence of subsection 189a. of the Atomic Energy 
Act of 1954, as amended, is deleted and the following is inserted in 
lieu thereof: "The Commission shall hold a hearing after thirty days' 
notice and publication once in the Federal Register, on each applica-
tion under section 103 or 104b. for a construction permit for a facility, 
and on any application under section 104c. for a construction permit 
for a testing facility. 
In cases where such a construction permit has 
been issued following the holding of such a hearing, the Commission 
may, in/the absence of a request therefor by any person whose interest 
may be affected, issue an operating license or an amendment to a con-
struction permit or an amendment to an operating license without a 
hearing, but upon thirty days' notice and publication once in the Fed-
eral Register of its intent to do so. The Commission may dispense 
with such thirty days' notice and publication with respect to any appli-
cation for an amendment to a construction permit or an amendment 
to an operating license upon a determination by the Commission that 
the amendment involves no significant hazards consideration." 
SEC. 3. Subsection 182b. of the Atomic Energy Act of 1954 is 
amended to read as follows: 
"b. The Advisory Committee on Reactor Safeguards shall review 
each application under section 103 or section 104b. for a construction 
permit or an operating license for a facility, any application under 
section 104c. for a construction permit or an operating license for a 
testing facility, any application under section 104 a. or c. specifically 
referred to it by the Commission, and any application for an amend-
ment to a construction permit or an aniendment to an operating 
license under section 103 or 104 a., b., or c. specifically referred to it 
Atomic Energy 
Act of 1954, 
atnendrnent. 
68 Stat. 919. 
42 u s e 2011 
note. 
60 Stat. 241. 
5 u s e 1006, 
1007. 
68 Stat. 951. 
42 u s e 2203. 
68 Stat. 955. 
42 u s e 2239. 
Publication in 
F. R. 
68 Stat. 936, 
937. 
42 u s e 2133, 
2134. 
71 Stat. 579. 
42 u s e 2232. 
410 
PUBUC LAW 87-615~AUG. 29, 1962 
[76 STAT. 
Report. 
68 Stat. 923. 
42 u s e 2014. 
" Nuclear in-
cident." 
42 u s e 2210. 
71 Stat. 576. 
42 u s e 2014. 
•* Person indem-
nified." 
71 Stat. 577. 
42 u s e 2210. 
42 u s e 2210. 
Aggregate lia-
bility. 
by the Commission, and shall submit a report thereon which shall 
be made part of the record of the application and available to the 
public except to the extent that security classification prevents 
disclosure." 
SEC. 4. Subsection llo. of the Atomic Energy Act of 1954 is 
amended to read as follows: 
"o. The term 'nuclear incident' means any occurrence wdthin 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 radio-
active, toxic, explosive, or other hazardous properties of source, special 
nuclear, or byproduct material: Provided^ however^ That as the term 
is used in subsection 1701., it shall include any such occurrence outside 
of the United States: And provided further^ That as the term is used 
in section 170d., it shall include any such occurrence outside the United 
States if such occurrence involves a facility or device owned by, and 
used by or under contract with, the United States." 
SEC. 5. Subsection llr. of the Atomic Energy Act of 1954 is 
amended to read as follows: 
"r. The term 'person indemnified' means (1) with respect to a 
nuclear incident occurring within the United States 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 
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 section 170d. has 
been extended or under any subcontract, purchase order or other 
agreement, of any tier, under any such contract or project." 
SEC. 6. Subsection 170d. of the Atomic Energy Act of 1954 is 
amended by adding before the period at the end of the second sen-
tence thereof the following proviso: ": Provided^ That in the case of 
nuclear incidents occurring outside the United States, the amount 
of the indemnity provided by the Commission shall not exceed 
$100,000,000." 
SEC. 7. Subsection I70e. of the Atomic Energy Act of 1954 is 
amended to read as follows: 
"e. The ag^egate liability for a single nuclear incident of persons 
indemnified, including the reasojiable costs of investigating and set-
tling claims and defending suits for damage, shall not exceed the sum 
of $500,000,000 together with the amount of financial protection 
required of the licensee or contractor: Provided^ however^ That with 
respect to any nuclear incident occurring outside of the United States 
to which an agreement of indemnification entered into under the pro-
visions of subsection I70d. is applicable, such aggregate liability shall 
not exceed the amount of $100,000,000 together with the amount of 
financial protection required of the contractor. 
The Commission or 
any person indemnified may apply to the appropriate district court 
of the United States having venue in bankruptcy matters over the loca-
tion of the nuclear incident, except that in the case of nuclear inci-
dents occurring outside the United States, the Commission or any 
person indemnified may apply to the United States District Court 
tor the District of Columbia, and upon a showing that the public lia-
bility from a single nuclear incident will probably exceed the limit 
of liability imposed by this section, shall be entitled to such orders as 
may be appropriate for enforcement of the provisions of this section, 
76 STAT. ] 
PUBLIC LAW 87-616-AUG. 30, 1962 
411 
71 Stat. 274. 
4 2 ' u s e 2017. 
including an order limiting the liability of the persons indemnified, 
orders staying the paj^ment of claims and the execution of court judg-
ments, orders apportioning the payments to be made to claimants, 
orders permitting partial payments to be made before final determina-
tion of the total claims, and an order setting aside a part of the funds 
available for possible latent injuries not discovered until a later time." 
SEC. 8. Section 261 of the Atomic Energy Act of 1954 is amended 
by adding thereto the following new subsections: 
"c. Funds are hereby authorized to be appropriated for advance 
Appropriation, 
planning, construction design, and architectural services in connection 
with any plant or facility not otherwise authorized, and for the restora-
tion or replacement of any plant or facility destroyed or otherwise 
seriously damaged, and the Commission is authorized to use available 
funds for such purposes. 
"d. Funds hereafter authorized to be appropriated for any project 
to be used in connection with the development or production of special 
nuclear material or atomic weapons may be used to start another 
project not otherwise authorized if the substituted project is within 
the limit of cost of the project for which substitution is to be made, 
and the Commission certifies that— 
"(1) the substituted project is essential to the common defense 
and security; 
"(2) the substituted project is required by changes in weapon 
characteristics or weapon logistic operations; and 
"(3) the Commission is unable to enter into a contract with 
any person on terms satisfactory to it to furnish from a privately 
owned plant or facility the product or services to be provided by 
the new project." 
SEC. 9. Section 109 of the Atomic Enery Act of 1954 is amended 
by striking out the words "lip.(2) or llv.(2)" and substituting 
therefor the words "lit. (2) or llaa. (2)". 
SEC. 10. Subsection 145f. of the Atomic Energy Act of 1954 is 
amended by striking out the comma after the word "investigation". 
SEC. 11. Section 152 of the Atomic Energy Act of 1954 is amended 
by striking out the word "allowances" in the first paragraph thereof 
and substituting therefor the word "allowance". 
SEC. 12. Subsection 161n. of the Atomic Energy Act of 1954 is 
amended by striking out the words "145e." and substituting therefor 
the words "145f.". 
Approved August 29, 1962. 
68 Stat. 939. 
42 u s e 2139. 
75 Stat. 476. 
42 u s e 216S. 
72 Stat. 337. 
42 u s e 2201. 
Public Law 87-616 
AN ACT 
To authorize the payment of the balance of awards for war damage compensation 
made by the Philippine War Damage Commission under the terms of the Philip-
pine Rehabilitation Act of April 30, 1946, and to authorize the appropriation 
of $73,000,000 for that purpose. 
August 30, 1962 
[H. R. 11721] 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Foreign 
Claims Settlement Commission (hereafter in this Act referred to as 
the "Commission") shall provide, out of funds appropriated pursuant 
to this Act, for the payment of the unpaid balance of awards hereto-
fore made by the Philippine War Damage Commission under title I 
of the Philippine Eehabilitation Act of 1946. No payment shall be 
made under this Act to any person, or to his successors in interest, on 
account of any award unless payment was made on such award under 
the Philippine Rehabilitation Act of 1946, and the maximum amount 
paid under this Act, when added to amounts paid under the Philippine 
Foreign Claims 
Settlement Com-
mission. 
Payment of bal-
ance of awards 
to Philippines. 
60 Stat. 128. 
50 u s e app. 
1751 note.