An Act to amend various sections of the Atomic Energy Act of 1954, as amended, and the Euratom Cooperation Act of 1958, and for other purposes
PL 87-206 (H.R.8599), enacted 09/06/1961

certain lands. 
75 S T A T . ] 
PUBLIC LAW 87-206-SEPT. 6, 1961 
475 
Public Law 87-206 
A N A C T 
September 6, 1961 
FH. R. 85991 
To amend various sections of the Atomic Energy Act of 1954, as amended, and 
'.—'. 
the EURATOM Cooperation Act of 1958, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of Atnerica in Congress asse?nbled, That there is hereby 
cLluomfr."'^^' 
retroceded to the State of California the exclusive jurisdiction here- 
jurisdiction over 
tofore acquired from the State of California by the United States of 
America over the following land of the United States Atomic Energy 
Commission located in Alameda County, State of California, and 
within the boundaries of the Commission's Livermore site: 
Beginning at a post marked L.P. XII, in the exterior boundary line 
of the Rancho Las Positas, set at the southeast corner of subdivision 
numbered 6 of plot J, of said rancho, as said plot is described in the 
decree of partition of said rancho rendered June 18,1873, in case 2798, 
Aurrecoechea against Mahoney, certified copy of w^hich decree was 
recorded December 13, 1873, in book 95 of deeds at page 206, Alameda 
County Records, and as said subdivision is shown on the map herein-
after referred to; and running thence west along the southern bound-
ary line of said plot J 79.28 chains to a post marked L.P. XI, set at the 
southwest corner of subdivision numbered 5 of said plot J, as said 
subdivision numbered 5 is show^n on said map; and thence north along 
the western boundary line of said subdivision numbered 5 and along 
the western boundary line of subdivision numbered 8, as said subdivi-
sion numbered 8 is shown on said map, 79.46 chains to a post set at 
the northwest corner of said subdivision numbered 8; thence east 
along the northern boundary line of said subdivision numbered 8 and 
subdivision numbered 7 as shown on said map, 79 chains to a post 
marked L.P. X I I I ; and thence south alon^ the eastern boundary line 
of subdivision numbered 7, as said subdivision numbered 7 is shown on 
said map, and along the eastern boundary line of said subdivision num-
bered 6 of said plot J to the point of beginning. 
Being a portion of said plot J of said rancho, as shown upon a 
certain map of a portion of the Rancho Las Positas surveyed for 
J. Aurrecoechea, August 1876, by Luis Castro, county surveyor, and 
also known as subdivisions 5, 6, 7, and 8 in the official map of the 
county of Alameda, State of California, made by George L. Nus-
baumer and W. F. Boardman, adopted by the supervisors of said 
county, September 24,1888, and issued May 1,1889. 
Beginning at the northeast corner of the northwest quarter of 
section 13, township 3 south, range 2 east. Mount Diablo base and 
meridian, being also the northeast corner of the 160 acre tract owned 
by Louis Madsen, thence south 2,640 feet, more or less, along the east 
line of said quarter section and along the east boundary fence of said 
160 acre tract to the southeast comer of said northwest quarter of 
said section 13, being the southeast corner of said 160 acre tract and 
the northeast corner of a 30.66 acre tract owned by John and Dora 
Bargman; thence south 506 feet, more or less, to the southeast corner 
of said 30.66 acre tract; thence south 965 feet, more or less, along the 
east fence of a 129.34 acre tract owned by Charles M. and Sue I. G. 
Nissen to a fence running east and west through said 129.34 acre par-
cel; thence west 500 feet along said fence through said 129.34 acre 
tract; thence north, parallel to the east line of the northwest quarter 
of said section 13, 4,111 feet, more or less, to north boundary of said 
section 13; thence east 500 feet to the point of beginning, containing 
47.175 acres, more or less. 
Beginning at a point 30 feet east of the northeast comer of the 
northwest quarter of said section 13; thence due south, 4,111 feet, 
476 
PUBLIC LAW 87-20e-SEPT. 6, 1961 
[76 8T A T . 
Atomic E n e r g y 
A c t 
o f 
1 9 5 4 , 
amendments. 
68 Stat. 919. 
42USC 2011 note 
2014. 
71 Stat. 576. 
71 Stat. 576; 72 
SUt. 837. 
42 u s e 2210. 
42 u s e 2074. 
42 u s e 2163. 
Security p r o v i-
•ions. 
42 u s e 2165. 
more or less, to a point 30 feet due east of the end of a fence across 
the 129.34 acre tract owned by Charles M. and Sue I. G. Nissen; thence 
west 30 feet; thence north 4,111 feet, more or less, to the northeast 
corner of the northwest quarter of said section 13; thence due east 
30 feet to the point of beginning, containing 2.83 acres, more or less. 
This retrocession of jurisdiction shall take effect upon acceptance 
by the State of California. 
SEC. 2 Subsection 11 b. of the Atomic Energy Act of 1954, as 
amended, is amended to read as follows: 
"b. The term 'agreement for cooperation' means any agreement 
^fith another nation or regional defense organization authorized or 
permitted by sections 54, 57, 64, 82, 91 c, 103, 104, or 144, and made 
pursuant to section 123." 
SEC. 3. Subsection 11 u. of the Atomic Energy Act of 1954, as 
amended, is amended to read as follows: 
"u. The term 'public liability' means any legal liability arising 
out of or resulting from a nuclear incident, except: (i) claims under 
State or Federal workmen's compensation acts of employees of per-
sons indemnified who are employed at the site of and in connection 
with the activity where the nuclear incident occurs; (ii) claims aris-
ing out of an act of war; and (iii) whenever used in subsections 170 a., 
c, and k., claims for loss of, or damage to, or loss of use of property 
which is located at the site of and used in connection with the licensed 
activity where the nuclear incident occurs. 
'Public liability' also 
includes damage to property of persons indemnified: Provided^ That 
such property is covered under the terms of the financial protection 
required, except property which is located at the site of and used in 
connection with the activity where the nuclear incident occurs." 
SEC. 4. Section 54 of the Atomic Energy Act of 1954, as amended, 
is amended by inserting after the words "five thousand kilograms or 
contained uranium 235" the following "five hundred grams of uranium 
233 and three kilograms of plutonium". 
SEO. 5. Section 143 of the Atomic Energy Act of 1954, as amended, 
is amended by striking out "subsection 145 b." and adding in lieu 
thereof "subsections 145 b. and 145 c". 
SEC. 6. Section 145 of the Atomic Energy Act of 1954, as amended, 
is amended by deleting subsections d., e., and f., redesignating subsec-
tion "c." as subsection "d." and subsection "g." as subsection "h." and 
adding the following subsections: 
"c. In lieu of the investigation and report to be made by the Civil 
Service Commission pursuant to subsection b. of this section, the 
Commission may accept an investigation and report on the character, 
associations, and loyalty of an individual made by another Government 
agency which conducts personnel security investigationSj provided 
that a security clearance has been granted to such individual by 
another Government agency based on such investigation and report. 
"e. If the President deems it to be in the national interest he may 
from time to time determine that investigations of any group or class 
which are required by subsections a., b., and c. of this section be made 
by the Federal Bureau of Investigation. 
"f. Notwithstanding the provisions of subsections a., b., and c. of 
this section, a majority of the members of the Commission shall certify 
those specific positions which are of a high degree of importance or 
sensitivity, and upon such certification, the investigation, and reports 
required by such provisions shall be made by the Federal Bureau of 
Investigation. 
"g. Tne Commission shall establish standards and specifications in 
writing as to the scope and extent of investigations, the reports of 
which will be utilized by the Commission in making the determination, 
76 S T A T . ] 
PUBLIC LAW 87- 20(^-8EPT. 6, 1961 
477 
pursuant to subsections a., b., and c. of this section, that permitting a 
person access to restricted data will not endanger the common defense 
and security. 
Such standards and specifications shall be based on the 
location and class or kind of work to be done, and shall, among other 
considerations, take into account the d e ^ e of importance to the 
common defense and security of the restricted data to which access 
will be permitted." 
SEC. 7. Section 151 of the Atomic Energy Act of 1954, as amended, 
js st^au 943^. 
is amended bv deleting in the descriptive title the words "MILITARY 
UTILIZATION," and inserting in lieu thereof "INVENTIONS RELATING TO 
ATOMIC WEAPONS, AND FILING OF REPORTS." 
SEC. 8. Subsection c. of section 151 of the Atomic Energy Act of 
1954, as amended, is amended to read as follows: 
"c. Any person who has made or hereafter makes any invention or 
inventions; 
discovery useful in the production or utilization of special nuclear '*P°'*"" 
material or atomic energy, shall file with the Commission a report con-
taining a complete description thereof unless such invention or dis-
covery is described in an application for a patent filed with the Com-
missioner of Patents by such person within the time required for the 
filing of such report. The report covering any such invention or dis-
covery shall be filed on or before the one hundred and eightieth dav 
after such person first discovers or first has reason to believe that such 
invention or discovery is useful in such production or utilization." 
SEC. 9. Section 151 of the Atomic Energy Act of 1954, as amended, 
is amended by adding at the end thereof the following new subsection: 
"e. Reports filed pursuant to subsection c. of this section, and appli-
cations to which access is provided under subsection d. of this section, 
shall be kept in confidence by the Commission, and no information con- . 
cerning the same given without authority of the inventor or owner 
unless necessary to carry out the provisions of any Act of Congress or 
in such special circumstances as may be determined by the Com-
mission." 
SEC. 10. Section 152 of the Atomic Energy Act of 1954, as amended, 
*2 use 2182. 
is amended to read as follows: 
"SEC. 152. INVENTIONS MADE OR CONCEIVED DURING COMMISSION 
CONTRACTS.—Any invention or discovery, useful in the production or 
utilization of special nuclear material or atomic energy, made or 
conceived in the course of or under any contract, subcontract, or ar-
rangement entered into with or for the benefit of the Commission, 
regardless of whether the contract, subcontract, or arrangement in-
volved the expenditure of funds by the Commission, shall be vested 
in, and be the property of, the Commission, except that the Commis-
sion may waive its claim to any such invention or discovery under 
such circumstances as the Commission may deem appropriate, con-
sistent with the policy of this section. No patent for any invention or 
discoveiy, useful in the production or utilization of special nuclear 
material or atomic energy, shall be issued unless the applicant files 
with the application, or within thirty days after request therefor by 
the Commissioner of Patents (unless the Commission advises the 
Commissioner of Patents that its rights have been determined and 
that accordingly no statement is necessary) a statement under oath 
setting forth the full facts surrounding the making or conception 
of the invention or discovery described in the application and whether 
the invention or discovery was made or conceived in the course of or 
under any contract, subcontract, or arrangement entered into with or 
for the benefit of the Commission, regardless of whether the contract, 
subcontract, or arrangement involved the expenditure of funds by 
the Commission. The Commissioner of Patents shall as soon as the 
application is otherwise in condition for allowances forward copies 
of the application and the statement to the Commission. 
478 
PUBLIC LAW 87-206-SEPT. 6, 1961 
[75 ST A T . 
Board of Patent 
Interferences. 
Hearing. 
42 u s e 2187. 
Compensa t i o n , 
awards, royalties. 
42 u s e 2188. 
72 Stat. 633. 
42 u s e 2201. 
42 u s e 2207. 
"The Commissioner of Patents may proceed with the application 
and issue the patent to the applicant (if the invention or discovery 
is otherwise patentable) unless the Commission, within 90 days after 
receipt of copies of the application and statement, directs the Com-
missioner of Patents to issue the patent to the Commission (if the 
invention or discovery is otherwise patentable) to be held by the Com-
mission as the agent of and on behalf of the United States. 
"If the Commission files such a direction with the Commissioner 
of Patents, and if the applicant's statement claims, and the applicant 
still believes, that the invention or discovery was not made or con-
ceived in the course of or under any contract, subcontract or arrange-
ment entered into with or for the benefit of the Commission entitling 
the Commission to the title to the application or the patent the appli-
cant may, within 30 days after notification of the filing of such a direc-
tion, request a hearing before a Board of Patent Interferences. 
The 
Board shall have the power to hear and determine whether the Com-
mission was entitled to the direction filed with the Commissioner of 
Patents. 
The Board shall follow the rules and procedures established 
for interference cases and an appeal may be taken by either the appli-
cant or the Commission from the final order of the Board to the Court 
of Customs and Patent Appeals in accordance with the procedures 
governing the appeals from the Board of Patent Interferences. 
"If the statement filed by the applicant should thereafter be found 
to contain false material statements any notification by the Commis-
sion that it has no objections to the issuance of a patent to the appli-
cant shall not be deemed in any respect to constitute a waiver of the 
provisions of this section or of any applicable civil or criminal statute, 
and the Commission may have the title to the patent transferred to 
the Commission on the records of the Commissioner of Patents in 
accordance with the provisions of this section. A determination of 
rights by the Commission pursuant to a contractual provision or other 
arrangement prior to the request of the Commissioner of Patents for 
the statement, shall be final in the absence of false material statements 
or nondisclosure of material facts by the applicant." 
SEC. 11. Section 157 of the Atomic Energy Act of 1954, as amended, 
is amended by adding at the end thereof the following new subsection: 
"d. PERIOD OF LIMITATIONS.—Every application under this section 
shall be barred unless filed within six years after the date on which 
first accrues the right to such reasonable royalty fee, just compensa-
tion, or award for which such application is filed." 
SEC. 12. The second sentence of section 158 of the Atomic Energy 
Act of 1954, as amended, is amended to read as follows: "If the court, 
at its discretion, deems that such licensee shall pay a reasonable 
.royalty to the owner of the patent, the reasonable royalty shall be 
determined in accordance with section 157." 
SEC. 13. Subsections 1611., u., and v. of the Atomic Energy Act of 
1954, as amended, are hereby redesignated respectively as subsections 
161 s., t., and u. 
SEC. 14. Section 167 of the Atomic Energy Act of 1954, as amended, 
is amended to read as follows: 
"SEC. 167. CLAIMS SETTLEMENTS.—The Commission, acting on behalf 
of the United States, is authorized to consider, ascertain, adjust, deter-
mine, settle, and pay, any claim for money damage of $5,000 or less 
against the United States for bodily injury, death, or damage to or 
loss of real or personal property resulting from any detonation, explo-
75 S T A T . ] 
PUBLIC LAW 87'206-SEPT. 6, 1961 
479 
Indemnification. 
42 u s e 2210. 
68 Stat. 919. 
42 u s e 
20 11 
note. 
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 sec-
tion shall be final and conclusive for all purposes, notwithstanding 
any other provision of law to the contrary. If the Commission con-
siders 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 
1954, as amended, is amended by adding at the end thereof the follow-
ing new sentence: "A contractor with whom an agreement of indemni-
fication 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 munici-
pal character of the contractor or of the work to be performed under 
the contract shall be effective to bar such liability." 
SEC. 16. The Atomic Energy Act of 1954, as amended, is amended 
by adding thereto the following new section: 
"SEO. 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." 
SEO. 17. The second sentence of section 202 of the Atomic Energy 
Act of 1954, as amended, is amended by striking out the word "sixty" 
and adding in lieu thereof the word "ninety". 
SEC. 18. Section 4(c) of the EUR ATOM Cooperation Act of 1958 
is amended to read as follows: 
"SEC. 4. (c) The Commission shall establish and publish criteria 
for computing the maximum fuel element charge and minimum fuel nole", 2
^
2
9
3 
element life to be guaranteed by the manufacturer as a basis for 
inviting and evaluating proposals." 
SEC. 19. Section 5 of the EURATOM Cooperation Act of 1958 is 
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 follow-
ing the words "an agreement". 
SEC. 20. Section 7 of the EURATOM Cooperation Act of 1958 is 
amended bv deleting the period after the word "amended" and insert-
ing 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." 
Approved September 6, 1961. 
42 u s e 2252. 
EURATOM 
C o -
operation A c t of 
1958, amendments. 
72 Stat. 1084. 
4 2 u s e 2 2 9 1 
42 u s e 2294. 
42 u s e 2296. 
42 u s e 2292.