Executive Order 12658

By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, including Public Law 100-408, and in order to establish a President's Commission on Catastrophic Nuclear Accidents, in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App. 1), it is hereby ordered as follows:

Section 1. Establishment.

(a) There is established the President's Commission on Catastrophic Nuclear Accidents ("Commission"). The Commission shall be composed of nine members who shall be appointed by the President. The members shall represent a broad range of views and interests and shall be appointed in a manner that ensures that not more than a mere majority of the members are of the same political party. Any vacancy in the Commission shall be filled in the manner in which the original appointment was made.

(b) The President shall designate one of the members of the Commission as Chairperson to serve at the pleasure of the President.

Sec. 2. Functions.

(a) The Commission shall conduct a comprehensive study of appropriate means of fully compensating victims of a catastrophic nuclear accident that exceeds the amount of aggregate public liability under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210), as amended, subsection (e)(1), and shall submit to the Congress, after a review by the President, a final report of the study setting forth:

(1) recommendations for any changes in the laws and rules governing the liability or civil procedures that are necessary for the equitable, prompt, and efficient resolution and payment of all valid damage claims, including the advisability of adjudicating public liability claims through an administrative agency instead of the judicial system;

(2) recommendations for any standards or procedures that are necessary to establish priorities for the hearing, resolution, and payments of claims when awards are likely to exceed the amount of funds available within a specific time period; and

(3) recommendations for any special standards or procedures necessary to decide and pay claims for latent injuries caused by the nuclear incident.

(b) The Commission may request any Executive agency to furnish such information, advice, or assistance as it determines to be necessary to carry out its functions. Each such agency is directed, to the extent permitted by law, to furnish such information, advice, or assistance upon request by the Chairperson of the Commission.

Sec. 3. Administration. (a) The Chairperson of the Commission may appoint and fix the compensation of a staff of such persons as may be necessary to discharge the responsibilities of the study commission, subject to the applicable provisions of the Federal Advisory Committee Act and title 5, United States Code.

(b) To the extent permitted by law and requested by the Chairperson of the Commission, the Administrator of General Services shall provide the Commission with necessary administrative services, facilities, and support on a reimbursable basis.

(c) The Attorney General, the Secretary of Health and Human Services, and the Director of the Federal Emergency Management Agency shall provide, to the extent permitted by law and subject to the availability of funds, the Commission with such facilities, support, funds, and services, including staff, as may be necessary for the effective performance of the functions of the Commission.

(d) Each member of the Commission may receive compensation at the maximum rate prescribed by the Federal Advisory Committee Act for each day such member is engaged in the work of the Commission. Each member may also receive travel expenses, including per diem in lieu of subsistence, under sections 5702 and 5703 of title 5, United States Code.

(e) The functions of the President under the Federal Advisory Committee Act that are applicable to the Commission, except the function of reporting annually to the Congress, shall be performed by the Administrator of General Services.

Sec. 4. General.

(a) The final report required in section 2 shall be submitted to the Congress not later than August 20, 1990.

(b) The Commission shall terminate upon the expiration of the 2-month period beginning on the date on which the final report required in section 2 is submitted.

RONALD REAGAN The White House, November 18, 1988.

[Filed with the Office of the Federal Register, 1:10 p.m., November 21, 1988]