SEC. 4. If the heads of departments and agencies specified in section 2 of this order are unable to agree upon a position for the Executive branch, the Secretary of State shall refer the matter to the Chairman of the Under Secretaries Committee of the National Security Council in order to obtain a decision. In the event the Under Secretaries Committee is unable to reach a decision, the Chairman of that Committee shall refer the matter to the President for his decision. SEC. 5. The Secretary of State, after taking the actions required by this order, shall notify the Nuclear Regulatory Commission of the position of the Executive branch as to whether the license should be issued or the exemption granted, including the judgment of the Executive branch as to whether issuance of the license or granting of the exemption will, or will not, be inimical to or constitute an unreasonable risk to the common defense and security. The Executive branch position shall be supported by relevant information and documentation as appropriate to the proceedings before the Nuclear Regulatory Commission. THE WHITE HOUSE, GERALD R. FORD. 43-785-79-54 APPENDIX BB NUCLEAR WARSHIP INDEMNITY RESOLUTION [PUBLIC LAW 93-513] [93D CONGRESS, S.J. RES. 248] [DECEMBER 6, 1974] JOINT RESOLUTION Assuring compensation for damages caused by nuclear incidents involving the nuclear reactor of a United States warship Whereas it is vital to the national security to facilitate the ready acceptability of United States nuclear powered warships into friendly foreign ports and harbors; and Whereas the advent of nuclear reactors has led to various efforts throughout the world to develop an appropriate legal regime for compensating those who sustain damages in the event there should be an incident involving the operation of nuclear reactors; and Whereas the United States has been exercising leadership in developing legislative measures designed to assure prompt and equitable compensation in the event a nuclear incident should arise out of the operation of a nuclear reactor by the United States as is evidenced in particular by section 170 of the Atomic Energy Act of 1954, as amended; and Whereas some form of assurance as to the prompt availability of compensation for damage in the unlikely event of a nuclear incident involving the nuclear reactor of a United States warship would, in conjunction with the unparelleled safety record that has been achieved by United States nuclear powered warships in their operation throughout the world, further the effectiveness of such warships: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That it is the policy of the United States that it will pay claims or judgments for bodily injury, death, or damage to or loss of real or personal property proven to have resulted from a nuclear incident involving the nuclear reactor of a United States warship: Provided, That the injury, death, damage, or loss was not caused by the act of an armed force engaged in combat or as a result of civil insurrection. The President may authorize, under such terms and conditions as he may direct the payment of such claims or judgments from any contingency funds available to the Government or may certify such claims or judgments to the Congress for appropriation of the necessary funds. Approved December 6, 1974. INDEX TO LEGISLATIVE HISTORY OF PUBLIC LAW 93-513 (S.J. RES. 248) (Page references are to the daily editions of the Congressional Record 93d Congress, 2d. sess.) H.J. Res. 1089 introduced by Congressman Hosmer, July 16, 1974, H6596 Hearings: Full Joint Committee on Atomic Energy, September 24, 1974 (executive). S.J. Res. 248 introduced by Vice Chairman Pastore as clean resolution, October 9, 1974, S18562. Reported (S. Rept. 93-1281), October 16, 1974, S19186. Considered and passed by Senate, November 21, 1974, S19824-25. *Considered and passed by House, November 25, 1974, H1022–23. Examined and Signed by the Speaker of the House, November 26, 1974, H11161. Examined and Signed by the President pro tempore of the Senate, November 26, 1974, S20097. Presented to the President, November 26, 1974, S20098. Approved as Public Law 93-513, December 6, 1974, S20749. Companion bill-H.J. Res. 1161 H.J. Res. 1089 introduced by Mr. Hosmer, July 16, 1974, H6596. H.J. Res. 1161 introduced by Mr. Hosmer as clean resolution, October 9, 1974, Reported (H. Rept. No. 93-1467), October 16, 1974, H10667. Identical Resolution, S.J. Res. 248 passed in lieu of H.J. Res. 1161, as indicated above. EXECUTIVE ORDER CONCERNING NUCLEAR WARSHIP INDEMNITY EXECUTIVE ORDER 11918 COMPENSATION FOR DAMAGES INVOLVING NUCLEAR REACTORS OF UNITED STATES WARSHIPS By virtue of the authority vested in me by the joint resolution approved December 6, 1974 (Public Law 93-513, 88 Stat. 1610, 42 U.S.C. 2211), and by section 301, of title 3 of the United States Code, and as President of the United States of America, in order that prompt, adequate and effective compensation will be provided in the unlikely event of injury or damage resulting from a nuclear incident involving the nuclear reactor of a United States warship, it is hereby ordered as follows: SECTION 1. (a) With respect to the administrative settlement of claims or judgments for bodily injury, death, or damage to or loss of real or personal property proven to have resulted from a nuclear incident involving the nuclear reactor of a United States warship, the Secretary of Defense is designated and empowered to authorize, in accord with Public Law 93-513, the payment, under such terms and conditions as he may direct, of such claims and judgments from contingency funds available to the Department of Defense. (b) The Secretary of Defense shall, when he considers such action appropriate, certify claims or judgments described in subsection (a) and transmit to the Director of the Office of Management and Budget his recommendation with respect to appropriation by the Congress of such additional sums as may be necessary. SEC. 2. The provisions of section 1 shall not be deemed to replace, alter, or diminish, the statutory and other functions vested in the Attorney General, or the head of any other agency, with respect to litigation against the United States and judgments and compromise settlements arising therefrom. SEC. 3. The functions herein delegated shall be exercised in consultation with the Secretary of State in the case of any incident giving rise to a claim of a foreign country or national thereof, and international negotiations relating to Public Law 93-513 shall be performed by or under the authority of the Secretary of State. GERALD R. FORD. THE WHITE HOUSE, June 1, 1976. APPENDIX CC INDEX TO ATOMIC ENERGY ACT OF 1954, AS AMENDED Vice Chairman, Joint Committee --- Administrative procedure. (See Judicial review and administrative pro- cedure.) Administrative Procedure Act...- Joint Committee on Atomic Energy- Presidential approval---- Procedure on agreements, for mutual defense purposes. Production of special nuclear material... Section 161e 43 261 66 55 21 203 181 29, 182b 111 271 273 11s 11a 11s 82 123a 11b 123a 103, 104 124 123c 123b 123d 57b Army, Navy, and Air Force, Departments of, representatives assigned to 27b Army, Navy, or Air Force officers: Division of Military Application, serving as Assistant General Man- |