Executive Order 12658 --
President's Commission on Catastrophic Nuclear Accidents
By
virtue of the authority vested in me as President by the Constitution and laws
of the United States of America, including Public Law 100 - 408, and in order
to establish a President's Commission on Catastrophic Nuclear Accidents, in
accordance with the provisions of the Federal Advisory Committee Act, as
amended (5 U.S.C. App. 1), it is hereby ordered as follows:
Section 1. Establishment.
(a) There is established the President's Commission on Catastrophic Nuclear
Accidents (``Commission''). The Commission shall be composed of nine members
who shall be appointed by the President. The members shall represent a broad
range of views and interests and shall be appointed in a manner that ensures
that not more than a mere majority of the members are of the same political
party. Any vacancy in the Commission shall be filled in the manner in which the
original appointment was made.
(b)
The President shall designate one of the members of the Commission as
Chairperson to serve at the pleasure of the President.
Sec. 2. Functions. (a)
The Commission shall conduct a comprehensive study of appropriate means of
fully compensating victims of a catastrophic nuclear accident that exceeds the
amount of aggregate public liability under section 170 of the Atomic Energy Act
of 1954 (42 U.S.C. 2210), as amended, subsection (e)(1),
and shall submit to the Congress, after a review by the President, a final
report of the study setting forth:
(1)
recommendations for any changes in the laws and rules governing the liability
or civil procedures that are necessary for the equitable, prompt, and efficient
resolution and payment of all valid damage claims, including the advisability
of adjudicating public liability claims through an administrative agency
instead of the judicial system;
(2)
recommendations for any standards or procedures that
are necessary to establish priorities for the hearing, resolution, and payments
of claims when awards are likely to exceed the amount of funds available within
a specific time period; and
(3)
recommendations for any special standards or
procedures necessary to decide and pay claims for latent injuries caused by the
nuclear incident.
(b)
The Commission may request any Executive agency to furnish such information,
advice, or assistance as it determines to be necessary to carry out its
functions. Each such agency is directed, to the extent permitted by law, to
furnish such information, advice, or assistance upon request by the Chairperson
of the Commission.
Sec. 3. Administration.
(a) The Chairperson of the Commission may appoint and fix the compensation of a
staff of such persons as may be necessary to discharge the responsibilities of
the study commission, subject to the applicable provisions of the Federal
Advisory Committee Act and title 5, United States Code.
(b)
To the extent permitted by law and requested by the Chairperson of the
Commission, the Administrator of General Services shall provide the Commission
with necessary administrative services, facilities, and support on a
reimbursable basis.
(c)
The Attorney General, the Secretary of Health and Human Services, and the
Director of the Federal Emergency Management Agency shall provide, to the
extent permitted by law and subject to the availability of funds, the
Commission with such facilities, support, funds, and services, including staff,
as may be necessary for the effective performance of the functions of the
Commission.
(d)
Each member of the Commission may receive compensation at the maximum rate
prescribed by the Federal Advisory Committee Act for each day such member is
engaged in the work of the Commission. Each member may also receive travel
expenses, including per diem in lieu of subsistence, under sections 5702 and
5703 of title 5, United States Code.
(e)
The functions of the President under the Federal Advisory Committee Act that
are applicable to the Commission, except the function of reporting annually to
the Congress, shall be performed by the Administrator of General Services.
Sec. 4. General. (a)
The final report required in section 2 shall be submitted to the Congress not
later than
(b)
The Commission shall terminate upon the expiration of the 2-month period
beginning on the date on which the final report required in section 2 is
submitted.
Ronald
Reagan
The
White House,
[Filed with the Office
of the Federal Register,