n. The term "international arrangement" means any inte national agreement hereafter approved by the Congress or any treaty during the time such agreement or treaty is in full force and effect, but does not include any agreement for cooperation.

0.14 The term "Energy Committees" means the Committee on E ergy and Natural Resources of the Senate and the Committee Energy and Commerce of the House of Representatives.

p.15 The term "licensed activity" means an activity licensed pur! suant to this Act and covered by the provisions of section 170: q.16 The term "nuclear incident" means any occurrence, includi! an extraordinary nuclear occurrence 16 within the United State causing, within or outside the United States, bodily injury, sick ness, disease, or death, or loss of or damage to property, or loss use of property, arising out of or resulting from the radioactive: toxic, explosive, or other hazardous properties of source, special n clear, or byproduct material: Provided, however, That as the ter is used in section 17 170 1., it shall include any such occurrence ou side the United States: And provided further, That as the term used in section 17 170 d., it shall include any such occurrence our side the United States if such occurrence involves source, spec nuclear, or byproduct material 18 owned by, and used by or under contract with, the United States: And provided further, That as the term is used in section 17 170 c., it shall include any such occur rence outside both the United States and any other nation if su occurrence arises out of or results from the radioactive, toxic, exp sive, or other hazardous properties of source, special nuclear, or b product material licensed pursuant to chapters 6, 7, 8, and 10 this Act which is used in connection with the operation of a censed stationary production or utilization facility or which moves outside the territorial limits of the United States in transit from one person licensed by the Nuclear Regulatory Commission 19 tr another person licensed by the Nuclear Regulatory Commis

sion. 18, 19

r. The term "operator" means any individual who manipulates the controls of a utilization or production facility.

s. The term "person" means (1) any individual, corporation, par nership, firm, association, trust, estate, public or private instit tion, group, Government agency, other than the Commission, ar State or any political subdivision of, or any political entity with

14 Sec. 15(X1) of Public Law 103-437 (108 Stat. 4592) amended sec. 11 o. It formerly refer to the Joint Committee on Atomic Energy.

15 Sec. 3 of Public Law 85-256 (71 Stat. 576) added subsec. p.

16 Originally added as subsec. o. by sec. 3 of Public Law 85-256 (71 Stat. 576), and quently amended and restated by sec. 4 of Public Law 87-615 (76 Stat. 409). Previously, subsec. read:

"o. The term 'nuclear incident' means any occurrence within the United States causing b injury, sickness, disease, or death, or loss of or damage to property, or for loss of use of proo arising out of or resulting from the radioactive, toxic, explosive, or other hazardous proper of source, special nuclear, or byproduct material: Provided, however, That as the termi in subsection 170 1., it shall mean any such occurrence outside of the United States rather lim within the United States.".

Sec. 1 of Public Law 89-645 (80 Stat. 891) redesignated subsec o. as “q.” and inserted ** text, "including an extraordinary nuclear occurrence".

17 Sec. 16(d)1) of Public Law 100 408 (102 Stat. 1079) inserted "section" in lieu of section".

18 Sec. 1 of Public Law 94-197 (89 Stat. 1111) substituted "source, special nuclear, or at material" for "a facility or device" in the second proviso and added the third proviso. The words "Nuclear Regulatory Commission" were inserted in lieu of "Commission" of Public Law 100-408 (102 Stat. 1079).

ation (including all reasonable additional costs incurred by a State, or a political subdivision of a State, in the course of responding to a nuclear incident or a precautionary evacuation, except: (1) 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 i) whenever used in subsections a., c., and k. of 170,26 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 which 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, materiais, 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 material; or (2) any material artificially enriched by any of the foregoing, but does not include source material.

bb. 27 The term "United States" when used in a geographical sense includes all Territories and possessions of the United States, the Canal Zone and Puerto Rico.

cc. The term “utilization facility” means (1) any equipment or device, except an atomic weapon, determined by rule of the Commis

«pera ademnified who are employed at the site of and in connection with the activity where car incident occurs, and except for claims arising out of an act of war. Public liability dudes damage to property of persons indemnified Provided, That such property is covder the terms of the financial protection required, except property which is located at 1. used in connection with the activity where the nuclear incident occurs."

s to this point, following "nuclear incident" the first place it appears, were added Public Law 100-408 (102 Stat. 1069).

of Public Law 100-408 (102 Stat. 1080), inserted "subsections a., c., and k. of Subsections 170 a., c., and k.".

ube Law 84-100670 Stat. 1069) amended this definition, which previously

sion 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.

dd.28 The terms "high-level radioactive waste" and "spent nuclear fuel" have the meanings given such terms in section 2 of the Nuclear Waste Policy Act 1982 (42 U.S.C. 10101).

ee.28 The term "transuranic waste" means material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium, and curium, and that are in concentrations greater that 10 nanocuries per gram, or in such other concentrations as the Nuclear Regulatory Commission may prescribe to protect the public health and safety.

ff.28 The term "nuclear waste activities", as used in section 170, means activities subject to an agreement of indemnification under subsection d. of such section, that the Secretary of Energy is authorized to undertake, under this Act or any other law, involving research and development on, spent nuclear fuel, high-level radioactive waste, or transuranic waste, including (but not limited to) activities authorized to be carried out under the Waste Isolation Pilot Project under section 213 of Public Law 96-164 (93 Stat. 1265).

gg.29 The term "precautionary evacuation" means an evacuation of the public within a specified area near a nuclear facility, or the transportation route in the case of an accident involving transportation of source material, special nuclear material, byproduct material, high-level radioactive waste, spent nuclear fuel, or transuranic waste to or from a production or utilization facility, if the evacuation is

(1) the result of any event that is not classified as a nuclear incident but that poses imminent danger of bodily injury or property damage from the radiological properties of source material, special nuclear material, byproduct material, high level radioactive waste, spent nuclear fuel, or transuranic waste, and causes an evacuation; and

(2) initiated by an official of a State or a political subdivision of a State, who is authorized by State law to initiate such an evacuation and who reasonably determined that such an evacuation was necessary to protect the public health and safety. hh.30 The term "public liability action", as used in section 170, means any suit asserting public liability. A public liability action shall be deemed to be an action arising under section 170, and the substantive rules for decision in such action shall be derived from the law of the State in which the nuclear incident involved occurs, unless such law is inconsistent with the provisions of such section.

28 Subsecs. dd., ee., and ff. were added by sec. 4(b) of Public Law 100-408 (102 Stat. 1069). Subsec. gg. was added by sec. 5(b) of Public Law 100-408 (102 Stat. 1070).

30 Subsec. hh. was added by sec. 11(b) of Public Law 100-408 (102 Stat. 1076).

jj.31 LEGAL COSTS.-As used in section 170, the term "legal cos means the costs incurred by a plaintiff or a defendant in initiating prosecuting, investigating, settling, or defending claims or suits damage arising under such section.

CHAPTER 3. ORGANIZATION 32

CHAPTER 6. SPECIAL NUCLEAR MATERIAL

Sec. 51.33 Special Nuclear Material.-The Commission ma determine from time to time that other material is special nucler material in addition to that specified in the definition as speca nuclear material. Before making any such determination, the Com mission must find that such material is capable of releasing sub stantial quantities of atomic energy and must find that the deter mination that such material is special nuclear material is in the terest of the common defense and security, and the President mus have expressly assented in writing to the determination. The Com mission's determination, together with the assent of the President shall be submitted to the Energy Committees 34 and a period thirty days shall elapse while Congress is in session (in computing such thirty days, there shall be excluded the days on which eithe House is not in session because of an adjournment for more the three days) before the determination of the Commission may be come effective: Provided, however, That the Energy Committees," after having received such determination, may be resolution writing, waive the conditions of or all or any portion of such thirty day period.

Sec. 54.35 Foreign Distribution of Special Nuclear Mate rial.-a. The Commission is authorized to cooperate with any ne tion or group of nations by distributing special nuclear materia and to distribute such special nuclear material, pursuant to the terms of an agreement for cooperation to which such nation & group of nations is a party and which is made in accordance with section 123. Unless hereafter otherwise authorized by law the Com mission shall be compensated for special nuclear material so dis tributed at not less than the Commission's published charges applicable to the domestic distribution of such material, except that the Commission to assist and encourage research on peaceful uses or for medical therapy may so distribute without charge during any

31 Subsec. ij. was added by sec. 11(dX2) of Public Law 100-408 (102 Stat. 1078).

32 Sec. 104(a) of the Energy Reorganization Act of 1974 (Public Law 93-438; 88 Stat. 1237, 42 U.S.C. 5801-5891) repealed sections 21 and 22 (42 U.S.C. 2031 and 2032) of ch. 3, abolishing the Atomic Energy Commission created thereunder and vesting its licensing and related rege latery authority of facilities in other functions to a new in a new Nuclear Regulatory Com laston and transferring all its other functions to a new Energy Research and Development Ad tention. All functions of the Energy Research and Development Administration were subse ransferred to the Department of Energy which was established, effective October 1. nt to the Department of Energy Organization Act (91 Stat. 569) and Executive of September 13, 1977. See boxnote on page 312.

2071.

of Public Law 103-437 (108 Stat. 4592) struck out "Joint Committee” and it hereof "Energy Committees".

2074. Sec. 54 was amended and restated by sec. 2 of Public Law 93–377 (88 Stat