Page:United States Statutes at Large Volume 71.djvu/612

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PUBLIC LAW 85-256-SEPT. 2, 1957

[71 S T A T,

Public Law 85-256 September 2, 1957

[H. R. 7383]

AN ACT

rj-y amend the Atomic Energy Act of 1954, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the N u c l e a r datnUnited States of America in Congress assembled, That section 2 of ages. "Availability of the AtoHiic Energy Act of 1954, as amended, is amended by adding a '"esStat. 921. new subsection to read as follows: 42 USC 2012. "i. I n order to protect the public and to encourage the development of the atomic energy industry, in the interest of the general welfare and of the common defense and security, the United States may make funds available for a portion of the damages suffered by the public from nuclear incidents, and may limit the liability of those persons liable for such losses." tionV*"'* ''°"'*^' ^^^- ^- Subsection 53 e. (8) of the Atomic Energy Act of 1954, as 22 USC 2073. amended, is amended to read as follows: "(8) except to the extent that the indemnification and limitation of liability provisions of section 170 apply, the licensee will hold the United States and the Commission harmless from any damages resulting from the use or possession of special nuclear material by the licensee." Definitions. SEC. 3. Section 11 of the Atomic Energy Act of 1954, as amended, Stat. 1069. ' is amended by adding thereto the following new subsections, and 42 USC 2014. redesignating the other subsections accordingly: " j. The term 'financial protection' means the ability to respond in damages for public liability and to meet the costs of investigating and defending claims and settling suits for such damages." "n. The term 'licensed activity' means an activity licensed pursuant to this Act and covered by the provisions of section 170 a." "o. The term 'nuclear incident' means any occurrence within the United States causing bodily injury, sickness, disease, or death, or loss of or damage to property, or for loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material." "r. The term 'person indemnified' means the person with whom an indemnity agreement is executed and any other person who may be liable for public liability." ' u. The term 'public liability' means any legal liability arising out of or resulting from a nuclear incident, except claims under State or Federal Workmen's Compensation Acts of employees of persons indemnified who are employed at the site of and in connection with the activity where the nuclear incident occurs, and except for claims arising out of an act of war, '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." 4* ^sc?^2'o 11 SEC. 4. The Atomic Energy Act of 1954, as amended, is amended note. by adding thereto a new section, with the appropriate amendment to the table of contents: "SEC. 170. INDEMNIFICATION AND LIMITATION or LIABILITY.—

2134,^235.^2073', 2093', 2111.' '

"^- Eacli liceuse issued under section 103 or 104 and each construction permit issued under section 185 shall, and each license issued under section 53, 63, or 81 may, have as a condition of the license a requirement that the licensee have and maintain financial protection of such type and in such amounts as the Commission

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