"r. The term 'operator' means any individual who Operator. manipulates the controls of a utilization or production facility. "s. The term 'person' means (1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, Government agency other than the Commission, any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal successor, representative, agent, or agency of the foregoing. Person. Indemnified. "t. The term 'person indemnified' means (1) with re- Person spect to a nuclear incident occurring within the United States or outside the United States as the term is used in subsection 170 c., 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 or who is required to maintain financial protection, 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 subsection 170d. has been extended or under any subcontract, purchase order or other agreement, of any tier, under any such contract or project.1 "u. The term 'produce', when used in relation to special Produce. nuclear material, means (1) to manufacture, make, produce, or refine special nuclear material; (2) to separate special nuclear material from other substances in which such material may be contained; or (3) to make or to produce new special nuclear material. facility. "v. The term 'production facility' means (1) any Production equipment or device determined by rule of the Commission to be capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device as determined by the Commission. 17 Public Law 85-256 (71 Stat. 576) (1957), sec. 3, added subsection t. Public Law 87-615 (76 Stat. 409) (1962), sec. 5, amended the subsection Before amendment, it read: "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." Public Law 94-197 (89 Stat. 1111) (1975), sec. 1. amended subsection 11 t. by adding the phrases "or outside the United States as the term is used in subsection 170 c.." and "or who is required to maintain financial protection," to the definition of the term "person indemnified”. Public liability Research and development. Restricted Source material. Special nuclear material. "w. The term 'public liability' 18 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 persons indemnified who are employed at the site of and in connection with the activity where the nuclear incident occurs; (ii) claims arising 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. "x. The term 'research and development' means (1) theoretical analysis, exploration, or experimentation; or (2) the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes. "y. The term 'Restricted Data' means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 142. "z. The term 'source material' means (1) uranium, thorium, or any other material which is determined by the Commission pursuant to the provisions of section 61 to be source material; or (2) ores containing one or more of the foregoing materials, in such concentration as the Commission may by regulation determine from time to time. "aa. The term 'special nuclear material' means (1) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission, pursuant to the provisions of section 51, determines to be special nuclear material, but does not include source 18 Public Law 85-256 (71 Stat. 576) (1957), sec. 3. added subsection w. Public Law 87-206 (75 Stat. 475) (1961), sec. 3, amended the subsection. Before amendment it read: "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." material; or (2) any material artificially enriched by any of the foregoing, but does not include source material. "bb. The term 'United States' when used in a geo- United States. graphical sense includes all Territories and possessions of the United States, the Canal Zone and Puerto Rico. 19 "cc. The term 'utilization facility' means (1) any Utilization equipment or device, except an atomic weapon, deter- facility. mined by rule of the Commission to be capable of making use of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device as determined by the Commission. “CHAPTER 3. ORGANIZATION 42 U.S.C. "SEC. 23.20 OFFICE.-The principal office of the Com- oce mission shall be in or near the District of Columbia, sec. 2033. but the Commission or any duly authorized representative may exercise any or all of its powers in any place; however, the Commission shall maintain an office for the service of process and papers within the District of Columbia. 10 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 1, amended this definition. Before amendment it read: "u. The term 'United States', when used in a geographical sense, includes all Territories and possessions of the United States, and the Canal Zone." 20 P.L. 93-438. Sec. 104 (a) (88 Stat. 1233) (1974), repealed sections 21 and 22. Prior to repeal, section 21, read as follows. "SEC. 21. ATOMIC ENERGY COMMISSION.-There is hereby established an Atomic Energy Commission, which shall be composed of five members, each of whom shall be a citizen of the United States. The President shall designate one member of the Commission as Chairman thereof to serve as such during the pleasure of the President. The Chairman may from time to time designate any other member of the Commission as Acting Chairman to act in the place and stead of the Chairman during his absence. The Chairman (or the Acting Chairman in the absence of the Chairman) shall preside at all meetings of the Commission and a quorum for the transaction of business shall consist of at least three members present. Each member of the Commission, including the Chairman, shall have equal responsibility and authority in all decisions and actions of the Commission, shall have full access to all information relating to the performance of his duties or responsibilities, and shall have one vote. Action of the Commission shall be determined by a majority vote of the members present. The Chairman (or Acting Chairman in the absence of the Chairman) shall be the official spokesman of the Commission in its relations with the Congress. Government agencies, persons, or the public, and, on behalf of the Commission, shall see to the faithful execution of the policies and decisions of the Commission, and shall report thereon to the Commission from time to time or as the Commission may direct. The Commission shall have an official seal which shall be judicially noticed." Public Law 84-337 (69 Stat. 630) (1955), sec. 3 had previously amended the fifth sentence of sec. 21. Before amendment this sentence read: "Each member of the Commission, including the Chairman, shall have equal responsibility and authority in all decisions and actions of the Commission and shall have one vote." Prior to repeal. sec. 22 read as follows: "a. Members of the Commission shall be appointed by the President, by and with the advice and consent of the Senate. In submitting any (Continued) General "SEC. 24. GENERAL MANAGER, DEPUTY AND ASSISTANT GENERAL MANAGERS.21-There is hereby established within the Commission "a. a General Manager, who shall be the chief executive officer of the Commission, and who shall discharge such of the administrative and executive functions of the Commission as the Commission may direct. The General Manager shall be appointed by the Commission, shall serve at the pleasure of the Commission, and shall be removable by the Commission. 22 "b. a Deputy General Manager, who shall act in the stead of the General Manager during his absence when so directed by the General Manager, and who shall perform such other administrative and executive functions as the General Manager shall direct. The Deputy General Manager shall be appointed by the General Manager with the approval of the Commission, shall serve at the pleasure of the General Manager, and shall be removable by the General Manager. (Continued) 23 nomination to the Senate, the President shall set forth the experience and qualifications of the nominee. The term of office of each member of the Commission taking office after June 30, 1950. shall be five years, except that (1) the terms of office of the members first taking office after June 30, 1950, shall expire, as designated by the President at the time of the appointment, one at the end of one year, one at the end of two years, one at the end of three years, one at the end of four years, and one at the end of five years, after June 30. 1950; and (2) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed. shall be appointed for the remainder of such term. Any member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. "b. No member of the Commission shall engage in any business, vocation, or employment other than that of serving as a member of the Commission. Public Law 88-426 (78 Stat. 400) (1964), sec. 305(10)(A) previously amended sec. 22 a by repealing the last sentence, which read: "Each member, except the Chairman, shall receive compensation at the rate of $22.000 per annum; and the member designated as Chairman shall receive compensation at the rate of $22.500 per annum.' Public Law 85-287 (71 Stat. 612) (1957), sec. 1, had amended that sentence by substituting $22,000 for $18,000, and by substituting $22,500 for $20,000. 21 Public Law 85-287 (71 Stat. 612) (1957). sec. 2, amended sec. 24 and replaced it in its entirety. Before amendment sec. 24 read: "Sec. 24 GENERAL MANAGER.-There is hereby established within the Commission a General Manager, who shall discharge such of the administrative and executive functions of the Commission as the Commission may direct. The General Manager shall be appointed by the Commission, shall serve at the pleasure of the Commission, shall be removable by the Commission, and shall receive compensation at a rate determined by the Commission, but not in excess of $20,000 per annum." 22 Public Law 88-426 (78 Stat. 400) (1964), sec. 306(f), amended the last sentence of sec. 24 c. by inserting "and" immediately before "shall be removable by the General Manager" and by deleting the last part of the sentence which read: ", and shall receive compensation at a rate determined by the General Manager, but not in excess of $20.500 per annum”. 23 Public Law 88-426 (78 Stat. 400) (1964), sec. 306(f), amended the last sentence of sec. 24 b. by inserting "and" immediately before "shall be removable by the General Manager" and by deleting the last part of the sentence which read: ", and shall receive compensation at a rate determined by the General Manager, but not in excess of $20,500 per annum". "c. Assistant General Managers, or their equivalents (not to exceed a total of three positions), who shall perform such administrative and executive functions as the General Manager shall direct. They shall be appointed by the General Manager with the approval of the Commission, shall serve at the pleasure of the General Manager, and shall be removable by the General Manager. 24 "SEC. 25. DIVISIONS, OFFICES, AND POSITIONS.25 There is hereby established within the Commission Divisions and offices. sec. 2035. Assistant Military Program "a. a Division of Military Application and such other program divisions (not to exceed ten in num- General ber) as the Commission may determine to be Manager for necessary to the discharge of its responsibilities, in- Application. cluding a division or divisions the primary respon- divisions. sibilities of which include the development and application of civilian uses of atomic energy. The Division of Military Application shall be under the direction of an Assistant General Manager for Military Application, who shall be appointed by the Commission and shall be an active commissioned officer of the Armed Forces serving in general or flag officer rank or grade, as appropriate. Each other program division shall be under the direction of a Director who shall be appointed by the Commission. The Commission shall require each such division to exercise such of the Commission's administrative and executive powers as the Commission may determine; 26 "b. an Office of the General Counsel under the General Counsel. direction of the General Counsel who shall be appointed by the Commission; 27 and 24 Public Law 88-426 (78 Stat. 400) (1964), sec. 306 (f), amended the last sentence of sec. 24 c. by inserting "and" immediately before "shall be removable by the General Manager" and by deleting the last part of the sentence which read: ", and shall receive compensation at a rate determined by the General Manager, but not in excess of $20.000 per annum". 25 Public Law 85-287 (71 Stat. 612) (1957), sec. 3. amended the title of sec. 25. Before amendment the title of this section was: "Divisions and Offices." 28 Public Law 90-190 (81 Stat. 575) (1967), sec. 5, amended sec. 25 a. Before amendment, sec. 25 a. read as follows: "a. a Division of Military Application and such other program divisions (not to exceed ten in number) as the Commission may determine to be necessary to the discharge of its responsibilities, including a division or divisions the primary responsibilities of which include the development and application of civilan uses of atomic energy. Each such division shall be under the direction of a Director who shall be appointed by the Commission. The Director of the Division of Military Application shall be an active member of the Armed Forces. The Commission shall require each such division to exercise such of the Commission's administrative and executive powers as the Commission may determine ;". Publie Law 88-426 (78 Stat. 400) (1964), sec. 306 (f), earlier had amended the second sentence of sec. 25 a. by deleting the last part which read: "and shall receive compensation at a rate determined by the Commission, but not in excess of $19.000 per annum". Public Law 85-287 (71 Stat. 612) (1957), sec. 3, had amended that sentence by substituting $19.000 for $16,000. 27 Public Law 88-426 (78 Stat. 400) (1964), sec. 306 (f), amended sec 25 b. by deleting the last part which_read: "and shall receive compensation at a rate determined by the Commission, but not in excess of $19.500 per annum. Public Law 85-287 (71 Stat. 612) (1957), sec. 3, had amended sec. 25 b. by substituting $19,500 for $16.000. |