TNAG-0024-FCO40-60-Visits-by-nuclear-powered-ships-1968 — Page 133

October 13, 1966

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Pub. Law 89-645

80 STAT. 893

other interested person that public liability from a single nuclear inci- dent may exceed the limit of liability under subsection 170 e.:

76 Stat. 410.

"(1) Total payments made by or for all indemnitors as a result 42 USC 2210. of such nuclear incident shall not exceed 15 per centum of such limit of liability without the prior approval of such court;

"(2) The court shall not authorize payments in excess of 15 per centum of such limit of liability unless the court determines that such payments are or will be in accordance with a plan of distribu- tion which has been approved by the court or such payments are not likely to prejudice the subsequent adoption and implementa- tion by the court of a plan of distribution pursuant to subpara- graph (3) of this subsection (o); and

'(3) The Commission shall, and any other indemnitor or other interested person may, submit to such district court a plan for the disposition of pending claims and for the distribution of remain- ing funds available. Such a plan shall include an allocation of appropriate amounts for personal injury claims, property damage claims, and possible latent injury claims which may not be dis- covered until a later time. Such court shall have all power neces- sary to approve, disapprove, or modify plans proposed, or to adopt another plan; and to determine the proportionate share of funds available for each claimant. The Commission, any other indemnitor, and any person indemnified shall be entitled to such orders as may be appropriate to implement and enforce the pro- visions of this section, including orders limiting the liability of the persons indemnified, orders approving or modifying the plan, orders staying the payment of claims and the execution of court judgments, orders apportioning the payments to be made to claimants, and orders permitting partial payments to be made before final determination of the total claims. The orders of such court shall be effective throughout the United States." Approved October 13, 1966.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 2043 accompanying H. R. 17685 (Joint Comm. on

Atomic Energy).

SENATE REPORT No. 1605 (Joint Comm. on Atomic Energy). CONGRESSIONAL RECORD, Vol. 112 (1966):

Sept. 22: Considered and passed Senate. Sept. 30:

Considered and passed House, in lieu of H. R.

17685.