
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-245 Section 3(a)-(e)(1)]
[Document affected by Public Law 106-245 Section 3(f)-(h)]
[Document affected by Public Law 107-107 Section 1063]
[Document affected by Public Law 106-245 Section 2]
[Document affected by Public Law 106-245 Section 3(e)(2)]
[Document affected by Public Law 106-245 Section 3(i)]
[CITE: 42USC2210]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
            SUBCHAPTER XIII--GENERAL AUTHORITY OF COMMISSION
 
Sec. 2210. Indemnification and limitation of liability


(a) Requirement of financial protection for licensees

    Each license issued under section 2133 or 2134 of this title and 
each construction permit issued under section 2235 of this title shall, 
and each license issued under section 2073, 2093, or 2111 of this title 
may, for the public purposes cited in section 2012(i) of this title, 
have as a condition of the license a requirement that the licensee have 
and maintain financial protection of such type and in such amounts as 
the Nuclear Regulatory Commission (in this section referred to as the 
``Commission'') in the exercise of its licensing and regulatory 
authority and responsibility shall require in accordance with subsection 
(b) of this section to cover public liability claims. Whenever such 
financial protection is required, it may be a further condition of the 
license that the licensee execute and maintain an indemnification 
agreement in accordance with subsection (c) of this section. The 
Commission may require, as a further condition of issuing a license, 
that an applicant waive any immunity from public liability conferred by 
Federal or State law.

(b) Amount and type of financial protection for licensees

    (1) The amount of primary financial protection required shall be the 
amount of liability insurance available from private sources, except 
that the Commission may establish a lesser amount on the basis of 
criteria set forth in writing, which it may revise from time to time, 
taking into consideration such factors as the following: (A) the cost 
and terms of private insurance, (B) the type, size, and location of the 
licensed activity and other factors pertaining to the hazard, and (C) 
the nature and purpose of the licensed activity: Provided, That for 
facilities designed for producing substantial amounts of electricity and 
having a rated capacity of 100,000 electrical kilowatts or more, the 
amount of primary financial protection required shall be the maximum 
amount available at reasonable cost and on reasonable terms from private 
sources (excluding the amount of private liability insurance available 
under the industry retrospective rating plan required in this 
subsection). Such primary financial protection may include private 
insurance, private contractual indemnities, self-insurance, other proof 
of financial responsibility, or a combination of such measures and shall 
be subject to such terms and conditions as the Commission may, by rule, 
regulation, or order, prescribe. The Commission shall require licensees 
that are required to have and maintain primary financial protection 
equal to the maximum amount of liability insurance available from 
private sources to maintain, in addition to such primary financial 
protection, private liability insurance available under an industry 
retrospective rating plan providing for premium charges deferred in 
whole or major part until public liability from a nuclear incident 
exceeds or appears likely to exceed the level of the primary financial 
protection required of the licensee involved in the nuclear incident: 
Provided, That such insurance is available to, and required of, all of 
the licensees of such facilities without regard to the manner in which 
they obtain other types or amounts of such primary financial protection: 
And provided further, That the maximum amount of the standard deferred 
premium that may be charged a licensee following any nuclear incident 
under such a plan shall not be more than $63,000,000 (subject to 
adjustment for inflation under subsection (t) of this section), but not 
more than $10,000,000 in any 1 year, for each facility for which such 
licensee is required to maintain the maximum amount of primary financial 
protection: And provided further, That the amount which may be charged a 
licensee following any nuclear incident shall not exceed the licensee's 
pro rata share of the aggregate public liability claims and costs 
(excluding legal costs subject to subsection (o)(1)(D) of this section, 
payment of which has not been authorized under such subsection) arising 
out of the nuclear incident. Payment of any State premium taxes which 
may be applicable to any deferred premium provided for in this chapter 
shall be the responsibility of the licensee and shall not be included in 
the retrospective premium established by the Commission.
    (2)(A) The Commission may, on a case by case basis, assess annual 
deferred premium amounts less than the standard annual deferred premium 
amount assessed under paragraph (1)--
        (i) for any facility, if more than one nuclear incident occurs 
    in any one calendar year; or
        (ii) for any licensee licensed to operate more than one 
    facility, if the Commission determines that the financial impact of 
    assessing the standard annual deferred premium amount under 
    paragraph (1) would result in undue financial hardship to such 
    licensee or the ratepayers of such licensee.

    (B) In the event that the Commission assesses a lesser annual 
deferred premium amount under subparagraph (A), the Commission shall 
require payment of the difference between the standard annual deferred 
premium assessment under paragraph (1) and any such lesser annual 
deferred premium assessment within a reasonable period of time, with 
interest at a rate determined by the Secretary of the Treasury on the 
basis of the current average market yield on outstanding marketable 
obligations of the United States of comparable maturities during the 
month preceding the date that the standard annual deferred premium 
assessment under paragraph (1) would become due.
    (3) The Commission shall establish such requirements as are 
necessary to assure availability of funds to meet any assessment of 
deferred premiums within a reasonable time when due, and may provide 
reinsurance or shall otherwise guarantee the payment of such premiums in 
the event it appears that the amount of such premiums will not be 
available on a timely basis through the resources of private industry 
and insurance. Any agreement by the Commission with a licensee or 
indemnitor to guarantee the payment of deferred premiums may contain 
such terms as the Commission deems appropriate to carry out the purposes 
of this section and to assure reimbursement to the Commission for its 
payments made due to the failure of such licensee or indemnitor to meet 
any of its obligations arising under or in connection with financial 
protection required under this subsection including without limitation 
terms creating liens upon the licensed facility and the revenues derived 
therefrom or any other property or revenues of such licensee to secure 
such reimbursement and consent to the automatic revocation of any 
license.
    (4)(A) In the event that the funds available to pay valid claims in 
any year are insufficient as a result of the limitation on the amount of 
deferred premiums that may be required of a licensee in any year under 
paragraph (1) or (2), or the Commission is required to make reinsurance 
or guaranteed payments under paragraph (3), the Commission shall, in 
order to advance the necessary funds--
        (i) request the Congress to appropriate sufficient funds to 
    satisfy such payments; or
        (ii) to the extent approved in appropriation Acts, issue to the 
    Secretary of the Treasury obligations in such forms and 
    denominations, bearing such maturities, and subject to such terms 
    and conditions as may be agreed to by the Commission and the 
    Secretary of the Treasury.

    (B) Except for funds appropriated for purposes of making reinsurance 
or guaranteed payments under paragraph (3), any funds appropriated under 
subparagraph (A)(i) shall be repaid to the general fund of the United 
States Treasury from amounts made available by standard deferred premium 
assessments, with interest at a rate determined by the Secretary of the 
Treasury on the basis of the current average market yield on outstanding 
marketable obligations of the United States of comparable maturities 
during the month preceding the date that the funds appropriated under 
such subparagraph are made available.
    (C) Except for funds appropriated for purposes of making reinsurance 
or guaranteed payments under paragraph (3), redemption of obligations 
issued under subparagraph (A)(ii) shall be made by the Commission from 
amounts made available by standard deferred premium assessments. Such 
obligations shall bear interest at a rate determined by the Secretary of 
the Treasury by taking into consideration the average market yield on 
outstanding marketable obligations to the United States of comparable 
maturities during the month preceding the issuance of the obligations 
under this paragraph. The Secretary of the Treasury shall purchase any 
issued obligations, and for such purpose the Secretary of the Treasury 
may use as a public debt transaction the proceeds from the sale of any 
securities issued under chapter 31 of title 31, and the purposes for 
which securities may be issued under such chapter are extended to 
include any purchase of such obligations. The Secretary of the Treasury 
may at any time sell any of the obligations acquired by the Secretary of 
the Treasury under this paragraph. All redemptions, purchases, and sales 
by the Secretary of the Treasury of obligations under this paragraph 
shall be treated as public debt transactions of the United States.

(c) Indemnification of licenses by Nuclear Regulatory Commission

    The Commission shall, with respect to licenses issued between August 
30, 1954, and August 1, 2002, for which it requires financial protection 
of less than $560,000,000, agree to indemnify and hold harmless the 
licensee and other persons indemnified, as their interest may appear, 
from public liability arising from nuclear incidents which is in excess 
of the level of financial protection required of the licensee. The 
aggregate indemnity for all persons indemnified in connection with each 
nuclear incident shall not exceed $500,000,000 excluding costs of 
investigating and settling claims and defending suits for damage: 
Provided, however, That this amount of indemnity shall be reduced by the 
amount that the financial protection required shall exceed $60,000,000. 
Such a contract of indemnification shall cover public liability arising 
out of or in connection with the licensed activity. With respect to any 
production or utilization facility for which a construction permit is 
issued between August 30, 1954, and August 1, 2002, the requirements of 
this subsection shall apply to any license issued for such facility 
subsequent to August 1, 2002.

(d) Indemnification of contractors by Department of Energy

    (1)(A) In addition to any other authority the Secretary of Energy 
(in this section referred to as the ``Secretary'') may have, the 
Secretary shall, until August 1, 2002, enter into agreements of 
indemnification under this subsection with any person who may conduct 
activities under a contract with the Department of Energy that involve 
the risk of public liability and that are not subject to financial 
protection requirements under subsection (b) of this section or 
agreements of indemnification under subsection (c) or (k) of this 
section.
    (B)(i)(I) Beginning 60 days after August 20, 1988, agreements of 
indemnification under subparagraph (A) shall be the exclusive means of 
indemnification for public liability arising from activities described 
in such subparagraph, including activities conducted under a contract 
that contains an indemnification clause under Public Law 85-804 [50 
U.S.C. 1431 et seq.] entered into between August 1, 1987, and August 20, 
1988.
    (II) The Secretary may incorporate in agreements of indemnification 
under subparagraph (A) the provisions relating to the waiver of any 
issue or defense as to charitable or governmental immunity authorized in 
subsection (n)(1) of this section to be incorporated in agreements of 
indemnification. Any such provisions incorporated under this subclause 
shall apply to any nuclear incident arising out of nuclear waste 
activities subject to an agreement of indemnification under subparagraph 
(A).
    (ii) Public liability arising out of nuclear waste activities 
subject to an agreement of indemnification under subparagraph (A) that 
are funded by the Nuclear Waste Fund established in section 10222 of 
this title shall be compensated from the Nuclear Waste Fund in an amount 
not to exceed the maximum amount of financial protection required of 
licensees under subsection (b) of this section.
    (2) In agreements of indemnification entered into under paragraph 
(1), the Secretary may require the contractor to provide and maintain 
financial protection of such a type and in such amounts as the Secretary 
shall determine to be appropriate to cover public liability arising out 
of or in connection with the contractual activity, and shall indemnify 
the persons indemnified against such claims above the amount of the 
financial protection required, to the full extent of the aggregate 
public liability of the persons indemnified for each nuclear incident, 
including such legal costs of the contractor as are approved by the 
Secretary.
    (3)(A) Notwithstanding paragraph (2), if the maximum amount of 
financial protection required of licensees under subsection (b) of this 
section is increased by the Commission, the amount of indemnity, 
together with any financial protection required of the contractor, shall 
at all times remain equal to or greater than the maximum amount of 
financial protection required of licensees under subsection (b) of this 
section.
    (B) The amount of indemnity provided contractors under this 
subsection shall not, at any time, be reduced in the event that the 
maximum amount of financial protection required of licensees is reduced.
    (C) All agreements of indemnification under which the Department of 
Energy (or its predecessor agencies) may be required to indemnify any 
person, shall be deemed to be amended, on August 20, 1988, to reflect 
the amount of indemnity for public liability and any applicable 
financial protection required of the contractor under this subsection on 
August 20, 1988.
    (4) Financial protection under paragraph (2) and indemnification 
under paragraph (1) shall be the exclusive means of financial protection 
and indemnification under this section for any Department of Energy 
demonstration reactor licensed by the Commission under section 5842 of 
this title.
    (5) In the case of nuclear incidents occurring outside the United 
States, the amount of the indemnity provided by the Secretary under this 
subsection shall not exceed $100,000,000.
    (6) The provisions of this subsection may be applicable to lump sum 
as well as cost type contracts and to contracts and projects financed in 
whole or in part by the Secretary.
    (7) A contractor with whom an agreement of indemnification has been 
executed under paragraph (1)(A) and who is engaged in activities 
connected with the underground detonation of a nuclear explosive device 
shall be liable, to the extent so indemnified under this subsection, for 
injuries or damage sustained as a result of such detonation in the same 
manner and to the same extent as would a private person acting as 
principal, and no immunity or defense founded in the Federal, State, or 
municipal character of the contractor or of the work to be performed 
under the contract shall be effective to bar such liability.

(e) Limitation on aggregate public liability

    (1) The aggregate public liability for a single nuclear incident of 
persons indemnified, including such legal costs as are authorized to be 
paid under subsection (o)(1)(D) of this section, shall not exceed--
        (A) in the case of facilities designed for producing substantial 
    amounts of electricity and having a rated capacity of 100,000 
    electrical kilowatts or more, the maximum amount of financial 
    protection required of such facilities under subsection (b) of this 
    section (plus any surcharge assessed under subsection (o)(1)(E) of 
    this section);
        (B) in the case of contractors with whom the Secretary has 
    entered into an agreement of indemnification under subsection (d) of 
    this section, the maximum amount of financial protection required 
    under subsection (b) of this section or the amount of indemnity and 
    financial protection that may be required under paragraph (3) of 
    subsection (d) of this section, whichever amount is more; and
        (C) in the case of all other licensees of the Commission 
    required to maintain financial protection under this section--
            (i) $500,000,000, together with the amount of financial 
        protection required of the licensee; or
            (ii) if the amount of financial protection required of the 
        licensee exceeds $60,000,000, $560,000,000 or the amount of 
        financial protection required of the licensee, whichever amount 
        is more.

    (2) In the event of a nuclear incident involving damages in excess 
of the amount of aggregate public liability under paragraph (1), the 
Congress will thoroughly review the particular incident in accordance 
with the procedures set forth in subsection (i) of this section and will 
in accordance with such procedures, take whatever action is determined 
to be necessary (including approval of appropriate compensation plans 
and appropriation of funds) to provide full and prompt compensation to 
the public for all public liability claims resulting from a disaster of 
such magnitude.
    (3) No provision of paragraph (1) may be construed to preclude the 
Congress from enacting a revenue measure, applicable to licensees of the 
Commission required to maintain financial protection pursuant to 
subsection (b) of this section, to fund any action undertaken pursuant 
to paragraph (2).
    (4) With respect to any nuclear incident occurring outside of the 
United States to which an agreement of indemnification entered into 
under the provisions of subsection (d) of this section is applicable, 
such aggregate public liability shall not exceed the amount of 
$100,000,000, together with the amount of financial protection required 
of the contractor.

(f) Collection of fees by Nuclear Regulatory Commission

    The Commission or the Secretary, as appropriate, is authorized to 
collect a fee from all persons with whom an indemnification agreement is 
executed under this section. This fee shall be $30 per year per thousand 
kilowatts of thermal energy capacity for facilities licensed under 
section 2133 of this title: Provided, That the Commission or the 
Secretary, as appropriate, is authorized to reduce the fee for such 
facilities in reasonable relation to increases in financial protection 
required above a level of $60,000,000. For facilities licensed under 
section 2134 of this title, and for construction permits under section 
2235 of this title, the Commission is authorized to reduce the fee set 
forth above. The Commission shall establish criteria in writing for 
determination of the fee for facilities licensed under section 2134 of 
this title, taking into consideration such factors as (1) the type, 
size, and location of facility involved, and other factors pertaining to 
the hazard, and (2) the nature and purpose of the facility. For other 
licenses, the Commission shall collect such nominal fees as it deems 
appropriate. No fee under this subsection shall be less than $100 per 
year.

(g) Use of services of private insurers

    In administering the provisions of this section, the Commission or 
the Secretary, as appropriate, shall use, to the maximum extent 
practicable, the facilities and services of private insurance 
organizations, and the Commission or the Secretary, as appropriate, may 
contract to pay a reasonable compensation for such services. Any 
contract made under the provisions of this subsection may be made 
without regard to the provisions of section 5 of title 41 upon a showing 
by the Commission or the Secretary, as appropriate, that advertising is 
not reasonably practicable and advance payments may be made.

(h) Conditions of agreements of indemnification

    The agreement of indemnification may contain such terms as the 
Commission or the Secretary, as appropriate, deems appropriate to carry 
out the purposes of this section. Such agreement shall provide that, 
when the Commission or the Secretary, as appropriate, makes a 
determination that the United States will probably be required to make 
indemnity payments under this section, the Commission or the Secretary, 
as appropriate, shall collaborate with any person indemnified and may 
approve the payment of any claim under the agreement of indemnification, 
appear through the Attorney General on behalf of the person indemnified, 
take charge of such action, and settle or defend any such action. The 
Commission or the Secretary, as appropriate, shall have final authority 
on behalf of the United States to settle or approve the settlement of 
any such claim on a fair and reasonable basis with due regard for the 
purposes of this chapter. Such settlement shall not include expenses in 
connection with the claim incurred by the person indemnified.

(i) Compensation plans

    (1) After any nuclear incident involving damages that are likely to 
exceed the applicable amount of aggregate public liability under 
subparagraph (A), (B), or (C) of subsection (e)(1) of this section, the 
Secretary or the Commisison,\1\ as appropriate, shall--
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    \1\ So in original. Probably should be ``Commission,''.
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        (A) make a survey of the causes and extent of damage; and
        (B) expeditiously submit a report setting forth the results of 
    such survey to the Congress, to the Representatives of the affected 
    districts, to the Senators of the affected States, and (except for 
    information that will cause serious damage to the national defense 
    of the United States) to the public, to the parties involved, and to 
    the courts.

    (2) Not later than 90 days after any determination by a court, 
pursuant to subsection (o) of this section, that the public liability 
from a single nuclear incident may exceed the applicable amount of 
aggregate public liability under subparagraph (A), (B), or (C) of 
subsection (e)(1) of this section the President shall submit to the 
Congress--
        (A) an estimate of the aggregate dollar value of personal 
    injuries and property damage that arises from the nuclear incident 
    and exceeds the amount of aggregate public liability under 
    subsection (e)(1) of this section;
        (B) recommendations for additional sources of funds to pay 
    claims exceeding the applicable amount of aggregate public liability 
    under subparagraph (A), (B), or (C) of subsection (e)(1) of this 
    section, which recommendations shall consider a broad range of 
    possible sources of funds (including possible revenue measures on 
    the sector of the economy, or on any other class, to which such 
    revenue measures might be applied);
        (C) 1 or more compensation plans, that either individually or 
    collectively shall provide for full and prompt compensation for all 
    valid claims and contain a recommendation or recommendations as to 
    the relief to be provided, including any recommendations that funds 
    be allocated or set aside for the payment of claims that may arise 
    as a result of latent injuries that may not be discovered until a 
    later date; and
        (D) any additional legislative authorities necessary to 
    implement such compensation plan or plans.

    (3)(A) Any compensation plan transmitted to the Congress pursuant to 
paragraph (2) shall bear an identification number and shall be 
transmitted to both Houses of Congress on the same day and to each House 
while it is in session.
    (B) The provisions of paragraphs (4) through (6) shall apply with 
respect to consideration in the Senate of any compensation plan 
transmitted to the Senate pursuant to paragraph (2).
    (4) No such compensation plan may be considered approved for 
purposes of subsection (e)(2) of this section unless between the date of 
transmittal and the end of the first period of sixty calendar days of 
continuous session of Congress after the date on which such action is 
transmitted to the Senate, the Senate passes a resolution described in 
paragraph 6 \2\ of this subsection.
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    \2\ So in original. Probably should be paragraph ``(6)''.
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    (5) For the purpose of paragraph (4) of this subsection--
        (A) continuity of session is broken only by an adjournment of 
    Congress sine die; and
        (B) the days on which either House is not in session because of 
    an adjournment of more than three days to a day certain are excluded 
    in the computation of the sixty-day calendar period.

    (6)(A) This paragraph is enacted--
        (i) as an exercise of the rulemaking power of the Senate and as 
    such it is deemed a part of the rules of the Senate, but applicable 
    only with respect to the procedure to be followed in the Senate in 
    the case of resolutions described by subparagraph (B) and it 
    supersedes other rules only to the extent that it is inconsistent 
    therewith; and
        (ii) with full recognition of the constitutional right of the 
    Senate to change the rules at any time, in the same manner and to 
    the same extent as in the case of any other rule of the Senate.

    (B) For purposes of this paragraph, the term ``resolution'' means 
only a joint resolution of the Congress the matter after the resolving 
clause  of  which  is  as  follows:  ``That  the                  
approves the compensation plan numbered            submitted to the 
Congress on            , 19  .'', the first blank space therein being 
filled with the name of the resolving House and the other blank spaces 
being appropriately filled; but does not include a resolution which 
specifies more than one compensation plan.
    (C) A resolution once introduced with respect to a compensation plan 
shall immediately be referred to a committee (and all resolutions with 
respect to the same compensation plan shall be referred to the same 
committee) by the President of the Senate.
    (D)(i) If the committee of the Senate to which a resolution with 
respect to a compensation plan has been referred has not reported it at 
the end of twenty calendar days after its referral, it shall be in order 
to move either to discharge the committee from further consideration of 
such resolution or to discharge the committee from further consideration 
with respect to such compensation plan which has been referred to the 
committee.
    (ii) A motion to discharge may be made only by an individual 
favoring the resolution, shall be highly privileged (except that it may 
not be made after the committee has reported a resolution with respect 
to the same compensation plan), and debate thereon shall be limited to 
not more than one hour, to be divided equally between those favoring and 
those opposing the resolution. An amendment to the motion shall not be 
in order, and it shall not be in order to move to reconsider the vote by 
which the motion was agreed to or disagreed to.
    (iii) If the motion to discharge is agreed to or disagreed to, the 
motion may not be renewed, nor may another motion to discharge the 
committee be made with respect to any other resolution with respect to 
the same compensation plan.
    (E)(i) When the committee has reported, or has been discharged from 
further consideration of, a resolution, it shall be at any time 
thereafter in order (even though a previous motion to the same effect 
has been disagreed to) to move to proceed to the consideration of the 
resolution. The motion shall be highly privileged and shall not be 
debatable. An amendment to the motion shall not be in order, and it 
shall not be in order to move to reconsider the vote by which the motion 
was agreed to or disagreed to.
    (ii) Debate on the resolution referred to in clause (i) of this 
subparagraph shall be limited to not more than ten hours, which shall be 
divided equally between those favoring and those opposing such 
resolution. A motion further to limit debate shall not be debatable. An 
amendment to, or motion to recommit, the resolution shall not be in 
order, and it shall not be in order to move to reconsider the vote by 
which such resolution was agreed to or disagreed to.
    (F)(i) Motions to postpone, made with respect to the discharge from 
committee, or the consideration of a resolution or motions to proceed to 
the consideration of other business, shall be decided without debate.
    (ii) Appeals from the decision of the Chair relating to the 
application of the rules of the Senate to the procedures relating to a 
resolution shall be decided without debate.

(j) Contracts in advance of appropriations

    In administering the provisions of this section, the Commission or 
the Secretary, as appropriate, may make contracts in advance of 
appropriations and incur obligations without regard to sections 1341, 
1342, 1349, 1350, and 1351, and subchapter II of chapter 15, of title 
31.

(k) Exemption from financial protection requirement for nonprofit 
        educational institutions

    With respect to any license issued pursuant to section 2073, 2093, 
2111, 2134(a), or 2134(c) of this title, for the conduct of educational 
activities to a person found by the Commission to be a nonprofit 
educational institution, the Commission shall exempt such licensee from 
the financial protection requirement of subsection (a) of this section. 
With respect to licenses issued between August 30, 1954, and August 1, 
2002, for which the Commission grants such exemption:
        (1) the Commission shall agree to indemnify and hold harmless 
    the licensee and other persons indemnified, as their interests may 
    appear, from public liability in excess of $250,000 arising from 
    nuclear incidents. The aggregate indemnity for all persons 
    indemnified in connection with each nuclear incident shall not 
    exceed $500,000,000, including such legal costs of the licensee as 
    are approved by the Commission;
        (2) such contracts of indemnification shall cover public 
    liability arising out of or in connection with the licensed 
    activity; and shall include damage to property of persons 
    indemnified, except property which is located at the site of and 
    used in connection with the activity where the nuclear incident 
    occurs; and
        (3) such contracts of indemnification, when entered into with a 
    licensee having immunity from public liability because it is a State 
    agency, shall provide also that the Commission shall make payments 
    under the contract on account of activities of the licensee in the 
    same manner and to the same extent as the Commission would be 
    required to do if the licensee were not such a State agency.

Any licensee may waive an exemption to which it is entitled under this 
subsection. With respect to any production or utilization facility for 
which a construction permit is issued between August 30, 1954, and 
August 1, 2002, the requirements of this subsection shall apply to any 
license issued for such facility subsequent to August 1, 2002.

(l) Presidential commission on catastrophic nuclear accidents

    (1) Not later than 90 days after August 20, 1988, the President 
shall establish a commission (in this subsection referred to as the 
``study commission'') in accordance with the Federal Advisory Committee 
Act (5 U.S.C. App.) to study means of fully compensating victims of a 
catastrophic nuclear accident that exceeds the amount of aggregate 
public liability under subsection (e)(1) of this section.
    (2)(A) The study commission shall consist of not less than 7 and not 
more than 11 members, who--
        (i) shall be appointed by the President; and
        (ii) shall be representative of a broad range of views and 
    interests.

    (B) The members of the study commission shall be appointed in a 
manner that ensures that not more than a mere majority of the members 
are of the same political party.
    (C) Each member of the study commission shall hold office until the 
termination of the study commission, but may be removed by the President 
for inefficiency, neglect of duty, or malfeasance in office.
    (D) Any vacancy in the study commission shall be filled in the 
manner in which the original appointment was made.
    (E) The President shall designate one of the members of the study 
commission as chairperson, to serve at the pleasure of the President.
    (3) The study 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 subsection (e)(1) of this section, and shall submit to the 
Congress a final report setting forth--
        (A) 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;
        (B) recommendations for any standards or procedures that are 
    necessary to establish priorities for the hearing, resolution, and 
    payment of claims when awards are likely to exceed the amount of 
    funds available within a specific time period; and
        (C) recommendations for any special standards or procedures 
    necessary to decide and pay claims for latent injuries caused by the 
    nuclear incident.

    (4)(A) The chairperson of the study 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 (5 U.S.C. 
App.) and title 5.
    (B) To the extent permitted by law and requested by the chairperson 
of the study commission, the Administrator of General Services shall 
provide the study 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, to the extent permitted by law and subject to the availability of 
funds, provide the study commission with such facilities, support, funds 
and services, including staff, as may be necessary for the effective 
performance of the functions of the study commission.
    (D) The study 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 study commission.
    (E) Each member of the study commission may receive compensation at 
the maximum rate prescribed by the Federal Advisory Committee Act (5 
U.S.C. App.) for each day such member is engaged in the work of the 
study commission. Each member may also receive travel expenses, 
including per diem in lieu of subsistence under sections 5702 and 5703 
of title 5.
    (F) The functions of the President under the Federal Advisory 
Committee Act (5 U.S.C. App.) that are applicable to the study 
commission, except the function of reporting annually to the Congress, 
shall be performed by the Administrator of General Services.
    (5) The final report required in paragraph (3) shall be submitted to 
the Congress not later than the expiration of the 2-year period 
beginning on August 20, 1988.
    (6) The study commission shall terminate upon the expiration of the 
2-month period beginning on the date on which the final report required 
in paragraph (3) is submitted.

(m) Coordinated procedures for prompt settlement of claims and emergency 
        assistance

    The Commission or the Secretary, as appropriate, is authorized to 
enter into agreements with other indemnitors to establish coordinated 
procedures for the prompt handling, investigation, and settlement of 
claims for public liability. The Commission or the Secretary, as 
appropriate, and other indemnitors may make payments to, or for the aid 
of, claimants for the purpose of providing immediate assistance 
following a nuclear incident. Any funds appropriated to the Commission 
or the Secretary, as appropriate, shall be available for such payments. 
Such payments may be made without securing releases, shall not 
constitute an admission of the liability of any person indemnified or of 
any indemnitor, and shall operate as a satisfaction to the extent 
thereof of any final settlement or judgment.

(n) Waiver of defenses and judicial procedures

    (1) With respect to any extraordinary nuclear occurrence to which an 
insurance policy or contract furnished as proof of financial protection 
or an indemnity agreement applies and which--
        (A) arises out of or results from or occurs in the course of the 
    construction, possession, or operation of a production or 
    utilization facility,
        (B) arises out of or results from or occurs in the course of 
    transportation of source material, byproduct material, or special 
    nuclear material to or from a production or utilization facility,
        (C) during the course of the contract activity arises out of or 
    results from the possession, operation, or use by a Department of 
    Energy contractor or subcontractor of a device utilizing special 
    nuclear material or byproduct material,
        (D) arises out of, results from, or occurs in the course of, the 
    construction, possession, or operation of any facility licensed 
    under section 2073, 2093, or 2111 of this title, for which the 
    Commission has imposed as a condition of the license a requirement 
    that the licensee have and maintain financial protection under 
    subsection (a) of this section,
        (E) arises out of, results from, or occurs in the course of, 
    transportation of source material, byproduct material, or special 
    nuclear material to or from any facility licensed under section 
    2073, 2093, or 2111 of this title, for which the Commission has 
    imposed as a condition of the license a requirement that the 
    licensee have and maintain financial protection under subsection (a) 
    of this section, or
        (F) arises out of, results from, or occurs in the course of 
    nuclear waste activities.

the Commission or the Secretary, as appropriate, may incorporate 
provisions in indemnity agreements with licensees and contractors under 
this section, and may require provisions to be incorporated in insurance 
policies or contracts furnished as proof of financial protection, which 
waive (i) any issue or defense as to conduct of the claimant or fault of 
persons indemnified, (ii) any issue or defense as to charitable or 
governmental immunity, and (iii) any issue or defense based on any 
statute of limitations if suit is instituted within three years from the 
date on which the claimant first knew, or reasonably could have known, 
of his injury or damage and the cause thereof. The waiver of any such 
issue or defense shall be effective regardless of whether such issue or 
defense may otherwise be deemed jurisdictional or relating to an element 
in the cause of action. When so incorporated, such waivers shall be 
judicially enforcible in accordance with their terms by the claimant 
against the person indemnified. Such waivers shall not preclude a 
defense based upon a failure to take reasonable steps to mitigate 
damages, nor shall such waivers apply to injury or damage to a claimant 
or to a claimant's property which is intentionally sustained by the 
claimant or which results from a nuclear incident intentionally and 
wrongfully caused by the claimant. The waivers authorized in this 
subsection shall, as to indemnitors, be effective only with respect to 
those obligations set forth in the insurance policies or the contracts 
furnished as proof of financial protection and in the indemnity 
agreements. Such waivers shall not apply to, or prejudice the 
prosecution or defense of, any claim or portion of claim which is not 
within the protection afforded under (i) the terms of insurance policies 
or contracts furnished as proof of financial protection, or indemnity 
agreements, and (ii) the limit of liability provisions of subsection (e) 
of this section.
    (2) With respect to any public liability action arising out of or 
resulting from a nuclear incident, the United States district court in 
the district where the nuclear incident takes place, or in the case of a 
nuclear incident taking place outside the United States, the United 
States District Court for the District of Columbia, shall have original 
jurisdiction without regard to the citizenship of any party or the 
amount in controversy. Upon motion of the defendant or of the Commission 
or the Secretary, as appropriate, any such action pending in any State 
court (including any such action pending on August 20, 1988) or United 
States district court shall be removed or transferred to the United 
States district court having venue under this subsection. Process of 
such district court shall be effective throughout the United States. In 
any action that is or becomes removable pursuant to this paragraph, a 
petition for removal shall be filed within the period provided in 
section 1446 of title 28 or within the 30-day period beginning on August 
20, 1988, whichever occurs later.
    (3)(A) Following any nuclear incident, the chief judge of the United 
States district court having jurisdiction under paragraph (2) with 
respect to public liability actions (or the judicial council of the 
judicial circuit in which the nuclear incident occurs) may appoint a 
special caseload management panel (in this paragraph referred to as the 
``management panel'') to coordinate and assign (but not necessarily hear 
themselves) cases arising out of the nuclear incident, if--
        (i) a court, acting pursuant to subsection (o) of this section, 
    determines that the aggregate amount of public liability is likely 
    to exceed the amount of primary financial protection available under 
    subsection (b) of this section (or an equivalent amount in the case 
    of a contractor indemnified under subsection (d) of this section); 
    or
        (ii) the chief judge of the United States district court (or the 
    judicial council of the judicial circuit) determines that cases 
    arising out of the nuclear incident will have an unusual impact on 
    the work of the court.

    (B)(i) Each management panel shall consist only of members who are 
United States district judges or circuit judges.
    (ii) Members of a management panel may include any United States 
district judge or circuit judge of another district court or court of 
appeals, if the chief judge of such other district court or court of 
appeals consents to such assignment.
    (C) It shall be the function of each management panel--
        (i) to consolidate related or similar claims for hearing or 
    trial;
        (ii) to establish priorities for the handling of different 
    classes of cases;
        (iii) to assign cases to a particular judge or special master;
        (iv) to appoint special masters to hear particular types of 
    cases, or particular elements or procedural steps of cases;
        (v) to promulgate special rules of court, not inconsistent with 
    the Federal Rules of Civil Procedure, to expedite cases or allow 
    more equitable consideration of claims;
        (vi) to implement such other measures, consistent with existing 
    law and the Federal Rules of Civil Procedure, as will encourage the 
    equitable, prompt, and efficient resolution of cases arising out of 
    the nuclear incident; and
        (vii) to assemble and submit to the President such data, 
    available to the court, as may be useful in estimating the aggregate 
    damages from the nuclear incident.

(o) Plan for distribution of funds

    (1) Whenever the United States district court in the district where 
a nuclear incident occurs, or the United States District Court for the 
District of Columbia in case of a nuclear incident occurring outside the 
United States, determines upon the petition of any indemnitor or other 
interested person that public liability from a single nuclear incident 
may exceed the limit of liability under the applicable limit of 
liability under subparagraph (A), (B), or (C) of subsection (e)(1) of 
this section:
        (A) Total payments made by or for all indemnitors as a result of 
    such nuclear incident shall not exceed 15 per centum of such limit 
    of liability without the prior approval of such court;
        (B) 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 
    distribution which has been approved by the court or such payments 
    are not likely to prejudice the subsequent adoption and 
    implementation by the court of a plan of distribution pursuant to 
    subparagraph (C); and
        (C) The Commission or the Secretary, as appropriate, 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 remaining 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 discovered until a later time and shall include 
    establishment of priorities between claimants and classes of claims, 
    as necessary to insure the most equitable allocation of available 
    funds. Such court shall have all power necessary 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 or the Secretary as appropriate, any other 
    indemnitor, and any person indemnified shall be entitled to such 
    orders as may be appropriate to implement and enforce the provisions 
    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.
        (D) A court may authorize payment of only such legal costs as 
    are permitted under paragraph (2) from the amount of financial 
    protection required by subsection (b) of this section.
        (E) If the sum of public liability claims and legal costs 
    authorized under paragraph (2) arising from any nuclear incident 
    exceeds the maximum amount of financial protection required under 
    subsection (b) of this section, any licensee required to pay a 
    standard deferred premium under subsection (b)(1) of this section 
    shall, in addition to such deferred premium, be charged such an 
    amount as is necessary to pay a pro rata share of such claims and 
    costs, but in no case more than 5 percent of the maximum amount of 
    such standard deferred premium described in such subsection.

    (2) A court may authorize the payment of legal costs under paragraph 
(1)(D) only if the person requesting such payment has--
        (A) submitted to the court the amount of such payment requested; 
    and
        (B) demonstrated to the court--
            (i) that such costs are reasonable and equitable; and
            (ii) that such person has--
                (I) litigated in good faith;
                (II) avoided unnecessary duplication of effort with that 
            of other parties similarly situated;
                (III) not made frivolous claims or defenses; and
                (IV) not attempted to unreasonably delay the prompt 
            settlement or adjudication of such claims.

(p) Reports to Congress

    The Commission and the Secretary shall submit to the Congress by 
August 1, 1998, detailed reports concerning the need for continuation or 
modification of the provisions of this section, taking into account the 
condition of the nuclear industry, availability of private insurance, 
and the state of knowledge concerning nuclear safety at that time, among 
other relevant factors, and shall include recommendations as to the 
repeal or modification of any of the provisions of this section.

(q) Limitation on awarding of precautionary evacuation costs

    No court may award costs of a precautionary evacuation unless such 
costs constitute a public liability.

(r) Limitation on liability of lessors

    No person under a bona fide lease of any utilization or production 
facility (or part thereof or undivided interest therein) shall be liable 
by reason of an interest as lessor of such production or utilization 
facility, for any legal liability arising out of or resulting from a 
nuclear incident resulting from such facility, unless such facility is 
in the actual possession and control of such person at the time of the 
nuclear incident giving rise to such legal liability.

(s) Limitation on punitive damages

    No court may award punitive damages in any action with respect to a 
nuclear incident or precautionary evacuation against a person on behalf 
of whom the United States is obligated to make payments under an 
agreement of indemnification covering such incident or evacuation.

(t) Inflation adjustment

    (1) The Commission shall adjust the amount of the maximum standard 
deferred premium under subsection (b)(1) of this section not less than 
once during each 5-year period following August 20, 1988, in accordance 
with the aggregate percentage change in the Consumer Price Index since--
        (A) August 20, 1988, in the case of the first adjustment under 
    this subsection; or
        (B) the previous adjustment under this subsection.

    (2) For purposes of this subsection, the term ``Consumer Price 
Index'' means the Consumer Price Index for all urban consumers published 
by the Secretary of Labor.

(Aug. 1, 1946, ch. 724, title I, Sec. 170, as added Pub. L. 85-256, 
Sec. 4, Sept. 2, 1957, 71 Stat. 576; amended Pub. L. 85-602, Secs. 2, 
2[3], Aug. 8, 1958, 72 Stat. 525; Pub. L. 85-744, Aug. 23, 1958, 72 
Stat. 837; Pub. L. 87-206, Sec. 15, Sept. 6, 1961, 75 Stat. 479; Pub. L. 
87-615, Secs. 6, 7, Aug. 29, 1962, 76 Stat. 410; Pub. L. 88-394, 
Secs. 2, 3, Aug. 1, 1964, 78 Stat. 376; Pub. L. 89-210, Secs. 1-5, Sept. 
29, 1965, 79 Stat. 855-857; Pub. L. 89-645, Secs. 2, 3, Oct. 13, 1966, 
80 Stat. 891; Pub. L. 94-197, Secs. 2-14, Dec. 31, 1975, 89 Stat. 1111-
1115; Pub. L. 100-408, Secs. 2-4(a), 5(c)-11(a), (c), (d)(1), 12-15, 
16(a)(2), (b)(3)-(c), (d)(4)-(e), Aug. 20, 1988, 102 Stat. 1066-1068, 
1070-1080; renumbered title I, Pub. L. 102-486, title IX, 
Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 105-362, title 
XII, Sec. 1201(b), Nov. 10, 1998, 112 Stat. 3292.)

                       References in Text

    Public Law 85-804, referred to in subsec. (d)(1)(B)(i)(I), is Pub. 
L. 85-804, Aug. 28, 1958, 72 Stat. 972, as amended, which is classified 
generally to chapter 29 (Sec. 1431 et seq.) of Title 50, War and 
National Defense. For complete classification of this Act to the Code, 
see Tables.
    The Federal Advisory Committee Act, referred to in subsec. (l)(1), 
(4)(A), (E), (F), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as 
amended, which is set out in the Appendix to Title 5, Government 
Organization and Employees.
    The Federal Rules of Civil Procedure, referred to in subsec. 
(n)(3)(C)(v), (vi), are set out in the Appendix to Title 28, Judiciary 
and Judicial Procedure.


                               Amendments

    1998--Subsec. (p). Pub. L. 105-362 struck out par. (1) designation 
and struck out par. (2) which read as follows: ``Not later than April 1 
of each year, the Commission and the Secretary shall each submit an 
annual report to the Congress setting forth the activities under this 
section during the preceding calendar year.''
    1988--Subsec. (a). Pub. L. 100-408, Sec. 16(e)(1), inserted 
``Requirement of financial protection for licensees'' as heading.
    Pub. L. 100-408, Sec. 16(d)(4), substituted ``section 2i.'' for 
``subsection 2i. of the Atomic Energy Act of 1954, as amended'', 
``subsection b.'' for ``subsection 170b.'', and ``subsection c.'' for 
``subsection 170c.'', which for purposes of codification were translated 
as ``section 2012(i) of this title'', ``subsection (b) of this 
section'', and ``subsection (c) of this section'', respectively, thus 
requiring no change in text.
    Pub. L. 100-408, Sec. 16(a)(2), substituted ``the Nuclear Regulatory 
Commission (in this section referred to as the `Commission') in the 
exercise'' for ``the Commission in the exercise''.
    Subsec. (b). Pub. L. 100-408, Sec. 16(e)(2), inserted ``Amount and 
type of financial protection for licensees'' as heading.
    Subsec. (b)(1). Pub. L. 100-408, Sec. 2(a)-(c)(3), inserted par. (1) 
designation, inserted ``primary'' after ``The amount of'', ``the amount 
of'', ``Such'', and ``of such'', redesignated cls. (1) to (3) as (A) to 
(C), inserted ``(excluding the amount of private liability insurance 
available under the industry retrospective rating plan required in this 
subsection)'', substituted ``The Commission shall require licensees that 
are required to have and maintain primary financial protection equal to 
the maximum amount of liability insurance available from private sources 
to maintain, in addition to such primary financial protection,'' for 
``In prescribing such terms and conditions for licensees required to 
have and maintain financial protection equal to the maximum amount of 
liability insurance available from private sources, the Commission 
shall, by rule initially prescribed not later than twelve months from 
December 31, 1975, include, in determining such maximum amount'', 
substituted ``That the maximum amount of the standard deferred premium 
that may be charged a licensee following any nuclear incident under such 
a plan shall not be more than $63,000,000 (subject to adjustment for 
inflation under subsection (t) of this section), but not more than 
$10,000,000 in any 1 year, for each facility for which such licensee is 
required to maintain the maximum amount of primary financial 
protection'' for ``That the standard deferred premium which may be 
charged following any nuclear incident under such a plan shall be not 
less than $2,000,000 nor more than $5,000,000 for each facility required 
to maintain the maximum amount of financial protection'', inserted 
``(excluding legal costs subject to subsection (o)(1)(D) of this 
section, payment of which has not been authorized under such 
subsection)'', and struck out ``The Commission is authorized to 
establish a maximum amount which the aggregate deferred premiums charged 
for each facility within one calendar year may not exceed. The 
Commission may establish amounts less than the standard premium for 
individual facilities taking into account such factors as the facility's 
size, location, and other factors pertaining to the hazard.''
    Subsec. (b)(2). Pub. L. 100-408, Sec. 2(c)(4), added par. (2).
    Subsec. (b)(3). Pub. L. 100-408, Sec. 2(d)(1), inserted par. (3) 
designation.
    Subsec. (b)(4). Pub. L. 100-408, Sec. 2(d)(2), added par. (4).
    Subsec. (c). Pub. L. 100-408, Sec. 16(e)(3), inserted 
``Indemnification of licenses by Nuclear Regulatory Commission'' as 
heading.
    Pub. L. 100-408, Sec. 3, substituted ``August 1, 2002'' for ``August 
1, 1987'' wherever appearing.
    Subsec. (d). Pub. L. 100-408, Sec. 4(a), inserted ``Indemnification 
of contractors by Department of Energy'' as heading and completely 
revised and expanded subsec. (d), changing its structure from a single 
unnumbered subsection to one consisting of seven numbered paragraphs.
    Subsec. (e). Pub. L. 100-408, Sec. 6, inserted ``Limitation on 
aggregate public liability'' as heading and completely revised and 
expanded subsec. (e), changing its structure from a single unnumbered 
subsection to one consisting of four numbered paragraphs.
    Subsec. (f). Pub. L. 100-408, Sec. 16(e)(4), inserted ``Collection 
of fees by Nuclear Regulatory Commission'' as heading.
    Pub. L. 100-408, Sec. 16(b)(3), inserted ``or the Secretary, as 
appropriate,'' in two places.
    Subsec. (g). Pub. L. 100-408, Sec. 16(e)(5), inserted ``Use of 
services of private insurers'' as heading.
    Pub. L. 100-408, Sec. 16(c)(1), substituted ``section 3709 of the 
Revised Statutes (41 U.S.C. 5)'' for ``section 3709 of the Revised 
Statutes'', which for purposes of codification was translated as 
``section 5 of title 41'', thus requiring no change in text.
    Pub. L. 100-408, Sec. 16(b)(4), inserted ``or the Secretary, as 
appropriate,'' after ``Commission'', wherever appearing.
    Subsec. (h). Pub. L. 100-408, Sec. 16(e)(6), inserted ``Conditions 
of agreements of indemnification'' as heading.
    Pub. L. 100-408, Sec. 16(b)(4), inserted ``or the Secretary, as 
appropriate,'' after ``Commission'', wherever appearing.
    Subsec. (i). Pub. L. 100-408, Sec. 7(a), inserted ``Compensation 
plans'' as heading and completely revised and expanded subsec. (i), 
changing its structure from a single unnumbered subsection to one 
consisting of six numbered paragraphs.
    Subsec. (j). Pub. L. 100-408, Sec. 16(e)(7), inserted ``Contracts in 
advance of appropriations'' as heading.
    Pub. L. 100-408, Sec. 16(c)(2), substituted ``sections 1341, 1342, 
1349, 1350, and 1351, and subchapter II of chapter 15, of title 31'' for 
``section 3679 of the Revised Statutes, as amended''.
    Pub. L. 100-408, Sec. 16(b)(4), inserted ``or the Secretary, as 
appropriate,''.
    Subsec. (k). Pub. L. 100-408, Sec. 16(e)(8), inserted ``Exemption 
from financial protection requirement for nonprofit educational 
institutions'' as heading.
    Pub. L. 100-408, Sec. 16(d)(5), in introductory provisions 
substituted ``subsection a'' for ``subsection 170a'', which for purposes 
of codification was translated as ``subsection (a) of this section'', 
thus requiring no change in text.
    Pub. L. 100-408, Sec. 8(1), substituted ``August 1, 2002'' for 
``August 1, 1987'', wherever appearing in introductory and closing 
provisions.
    Subsec. (k)(1). Pub. L. 100-408, Sec. 8(2), substituted ``including 
such legal costs of the licensee as are approved by the Commission'' for 
``excluding cost of investigating and settling claims and defending 
suits for damage''.
    Subsec. (l). Pub. L. 100-408, Sec. 9, inserted ``Presidential 
commission on catastrophic nuclear accidents'' as heading and completely 
revised and expanded subsec. (l), changing its structure from a single 
unnumbered subsection to one consisting of six numbered paragraphs.
    Subsec. (m). Pub. L. 100-408, Sec. 16(e)(9), inserted ``Coordinated 
procedures for prompt settlement of claims and emergency assistance'' as 
heading.
    Pub. L. 100-408, Sec. 16(b)(4), inserted ``or the Secretary, as 
appropriate,'' after ``Commission'' wherever appearing.
    Subsec. (n). Pub. L. 100-408, Sec. 16(e)(10), inserted ``Waiver of 
defenses and judicial procedures'' as heading.
    Subsec. (n)(1). Pub. L. 100-408, Secs. 10, 16(b)(5)(A), (d)(6), 
redesignated existing subpars. (a), (b), and (c) as (A), (B), and (C), 
respectively, added subpars. (D), (E), and (F), substituted ``a 
Department of Energy contractor'' for ``a Commission contractor'' in 
subpar. (C), and, in closing provisions inserted ``, or the Secretary, 
as appropriate,'' after ``the Commission'', struck out ``, but in no 
event more than twenty years after the date of the nuclear incident'' 
after ``and the cause thereof'', and substituted ``subsection e'' for 
``subsection 170e'', which for purposes of codification was translated 
as ``subsection (e) of this section'', requiring no change in text.
    Subsec. (n)(2). Pub. L. 100-408, Sec. 16(b)(5)(B), inserted ``or the 
Secretary, as appropriate'' after ``Commission''.
    Pub. L. 100-408, Sec. 11(a), substituted ``a nuclear incident'' for 
``an extraordinary nuclear occurrence'' in two places and ``the nuclear 
incident'' for ``the extraordinary nuclear occurrence'', and inserted 
``(including any such action pending on August 20, 1988)'', and ``In any 
action that is or becomes removable pursuant to this paragraph, a 
petition for removal shall be filed within the period provided in 
section 1446 of title 28 or within the 30-day period beginning on August 
20, 1988, whichever occurs later.''
    Subsec. (n)(3). Pub. L. 100-408, Sec. 11(c), added par. (3).
    Subsec. (o). Pub. L. 100-408, Sec. 11(d)(1), inserted ``Plan for 
distribution of funds'' as heading, designated existing provisions as 
par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), 
respectively, and added subpars. (D) and (E) and par. (2).
    Subsec. (o)(1). Pub. L. 100-408, Sec. 7(b)(1), substituted ``the 
applicable limit of liability under subparagraph (A), (B), or (C) of 
subsection (e)(1) of this section'' for ``subsection (e) of this 
section'' in introductory provisions.
    Subsec. (o)(1)(B). Pub. L. 100-408, Sec. 16(d)(7), substituted 
``subparagraph (C)'' for ``subparagraph (3) of this subsection (o)''.
    Subsec. (o)(1)(C). Pub. L. 100-408, Sec. 16(b)(6), inserted ``or the 
Secretary, as appropriate,'' after first reference to ``Commission'' and 
``or the Secretary as appropriate'' after second reference to 
``Commission''.
    Subsec. (o)(4). Pub. L. 100-408, Sec. 7(b)(2), struck out par. (4) 
which read as follows: ``The Commission shall, within ninety days after 
a court shall have made such determination, deliver to the Joint 
Committee a supplement to the report prepared in accordance with 
subsection (i) of this section setting forth the estimated requirements 
for full compensation and relief of all claimants, and recommendations 
as to the relief to be provided.''
    Subsec. (p). Pub. L. 100-408, Sec. 16(e)(11), inserted ``Reports to 
Congress'' as heading.
    Subsec. (p)(1). Pub. L. 100-408, Sec. 12, designated existing 
provisions as par. (1), substituted ``and the Secretary shall submit to 
the Congress by August 1, 1998, detailed reports'' for ``shall submit to 
the Congress by August 1, 1983, a detailed report'', and added par. (2).
    Subsec. (q). Pub. L. 100-408, Sec. 5(c), added subsec. (q).
    Subsec. (r). Pub. L. 100-408, Sec. 13, added subsec. (r).
    Subsec. (s). Pub. L. 100-408, Sec. 14, added subsec. (s).
    Subsec. (t). Pub. L. 100-408, Sec. 15, added subsec. (t).
    1975--Subsec. (a). Pub. L. 94-197, Sec. 2, inserted provision 
relating to the public purposes cited in section 2012(i) of this title 
and ``in the exercise of its licensing and regulatory authority and 
responsibility'' after ``as the Commission'', and substituted 
``required, it may'' for ``required, it shall''.
    Subsec. (b). Pub. L. 94-197, Sec. 3, inserted requirement that for 
facilities having a rated capacity of 100,000 electrical kilowatts or 
more, the amount of financial protection required shall be at a 
reasonable cost and on reasonable terms, and requirement that financial 
protection be subject to such terms and conditions as the Commission, by 
rule, regulation or order prescribes, and established premium and 
funding standards and procedures for prescribing terms and conditions 
for licensees required to have and maintain financial protection equal 
to the maximum amount of liability insurance available from private 
sources. Notwithstanding the directory language that amendment be made 
to section 107 b. of the Atomic Energy Act of 1954, as amended, the 
amendment was executed to section 170 b. of the Atomic Energy Act of 
1954, as amended, (subsec. (b) of this section) as the probable intent 
of Congress.
    Subsec. (c). Pub. L. 94-197, Sec. 4, substituted ``and August 1, 
1987, for which it requires financial protection of less than 
$560,000,000,'' for ``and August 1, 1977, for which it requires 
financial protection,'', ``excluding'' for ``including the reasonable'', 
and ``August 1, 1987'' for ``August 1, 1977'' in text relating to any 
production or utilization facility.
    Subsec. (d). Pub. L. 94-197, Sec. 5, substituted ``until August 1, 
1987,'' for ``until August 1, 1977,'' and ``excluding'' for ``including 
the reasonable''.
    Subsec. (e). Pub. L. 94-197, Sec. 6, designated existing provisions 
as cl. (1), added cl. (2), substituted proviso relating to Congressional 
review and action for proviso relating to aggregate liability exceeding 
the sum of $560,000,000, and substituted ``And provided further'' for 
``Provided further''.
    Subsec. (f). Pub. L. 94-197, Sec. 7, inserted proviso which 
authorized Commission to reduce the indemnity fee for persons with whom 
indemnification agreements have been executed in reasonable relation to 
increases in financial protection above a level of $60,000,000.
    Subsec. (h). Pub. L. 94-197, Sec. 8, substituted ``shall not 
include'' for ``may include reasonable''.
    Subsec. (i). Pub. L. 94-197, Sec. 9, inserted ``or which will 
probably result in public liability claims in excess of $560,000,000,'' 
after ``this section'', and requirement that Commission report extent of 
damage caused from a nuclear incident to the Congressmen of the affected 
districts and the Senators of the affected state and substituted 
provision relating to information concerning the national defense, for 
provisions relating to applicability of prohibition of sections 2161 to 
2166 of this title, other laws or Executive order.
    Subsec. (k). Pub. L. 94-197, Sec. 10, substituted ``August 1, 1987'' 
for ``August 1, 1977'' wherever appearing and substituted ``excluding'' 
for ``including the reasonable'' in par. (1).
    Subsec. (l). Pub. L. 94-197, Sec. 11, substituted ``excluding'' for 
``including the reasonable''.
    Subsec. (n)(1)(iii). Pub. L. 94-197, Sec. 12, substituted ``twenty 
years'' for ``ten years''.
    Subsec. (o)(3), (4). Pub. L. 94-197, Sec. 13, in par. (3) inserted 
provisions authorizing the establishment, in any plan for disposition of 
claims, of priorities between classes of claims and claimants to extent 
necessary to ensure the most equitable allocation of available funds, 
and added par. (4).
    Subsec. (p). Pub. L. 94-197, Sec. 14, added subsec. (p).
    1966--Subsec. (e). Pub. L. 89-645, Sec. 2, struck out last sentence 
which authorized application by the Commission or any indemnified person 
to district court of the United States having venue in bankruptcy over 
location of nuclear incident and to United States District Court for the 
District of Columbia in cases of nuclear incidents occurring outside the 
United States, and upon a showing that public liability from a single 
nuclear incident will probably exceed the limit of imposable liability, 
entitled the applicant to orders for enforcement of this section, 
including limitation of liability of indemnified persons, staying 
payment of claims and execution of court judgments, apportioning 
payments to claimants, permitting partial payments before final 
determination of total claims, and setting aside part of funds for 
possible injuries not discovered until later time, now incorporated in 
subsec. (o) of this section.
    Subsecs. (m) to (o). Pub. L. 89-645, Sec. 3, added subsecs. (m) to 
(o).
    1965--Subsec. (c). Pub. L. 89-210, Sec. 1, substituted ``August 1, 
1977'' for ``August 1, 1967'' wherever appearing, and inserted proviso 
requiring the amount of indemnity to be reduced by the amount that the 
financial protection required shall exceed $60,000,000.
    Subsec. (d). Pub. L. 89-210, Sec. 2, substituted ``August 1, 1977'' 
for ``August 1, 1967,'' and inserted proviso requiring the amount of 
indemnity to be reduced by the amount that the financial protection 
required shall exceed $60,000,000.
    Subsec. (e). Pub. L. 89-210, Sec. 3, inserted proviso prohibiting 
the aggregate liability to exceed the sum of $560,000,000.
    Subsec. (k). Pub. L. 89-210, Sec. 4, substituted ``August 1, 1977'' 
for ``August 1, 1967'' wherever appearing.
    Subsec. (l). Pub. L. 89-210, Sec. 5, substituted ``August 1, 1977'' 
for ``August 1, 1967'' and ``in the amount of $500,000,000'' for ``in 
the maximum amount provided by subsection (e) of this section'', 
inserted ``in the aggregate for all persons indemnified in connection 
with each nuclear incident'', and inserted proviso requiring the amount 
of indemnity to be reduced by the amount that the financial protection 
required shall exceed $60,000,000.
    1964--Subsec. (c). Pub. L. 88-394, Sec. 2, provided that with 
respect to any facility for which a permit is issued between Aug. 30, 
1954, and Aug. 1, 1967, the requirements of the subsection shall apply 
to any license issued subsequent to Aug. 1, 1967.
    Subsec. (k). Pub. L. 88-394, Sec. 3, provided that with respect to 
any facility for which a permit is issued between Aug. 30, 1954, and 
Aug. 1, 1967, the requirements of the subsection shall apply to any 
license issued subsequent to Aug. 1, 1967.
    1962--Subsec. (d). Pub. L. 87-615, Sec. 6, limited the amount of 
indemnity provided by the Commission for nuclear incidents occurring 
outside the United States to $100,000,000.
    Subsec. (e). Pub. L. 87-615, Sec. 7, inserted proviso limiting the 
aggregate liability in cases of nuclear incidents occurring outside the 
United States to which an indemnification agreement entered into under 
subsec. (d) of this section is applicable, to $100,000,000, and 
substituted ``occurring outside the United States, the Commission or any 
person indemnified may apply to the United States District Court for the 
District of Columbia'' for ``caused by ships of the United States 
outside of the United States, the Commission or any person indemnified 
may apply to the appropriate district court of the United States having 
venue in bankruptcy matters over the location of the principal place of 
business of the shipping company owning or operating the ship''.
    1961--Subsec. (d). Pub. L. 87-206 inserted provision for liability 
of contractor to extent of indemnification under this section free of 
defense of sovereign immunity.
    1958--Subsec. (e). Pub. L. 85-602, Sec. 2[3], gave the district 
court that has venue in bankruptcy matters over the location of the 
principal place of business of the shipping company owning or operating 
the ship, jurisdiction in cases of nuclear incidents caused by ships of 
the United States outside of the United States.
    Subsec. (k). Pub. L. 85-744 added subsec. (k).
    Subsec. (l). Pub. L. 85-602, Sec. 2, added subsec. (l).


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-408 effective Aug. 20, 1988, and applicable 
with respect to nuclear incidents occurring on or after Aug. 20, 1988, 
except that amendment by section 11 of Pub. L. 100-408 applicable to 
nuclear incidents occurring before, on, or after Aug. 20, 1988, see 
section 20 of Pub. L. 100-408, set out as a note under section 2014 of 
this title.


                               Short Title

    This section is popularly known as the ``Price-Anderson Act'' and 
also as the ``Atomic Energy Damages Act''.

                          Transfer of Functions

    Atomic Energy Commission abolished and functions transferred by 
sections 5814 and 5841 of this title. See, also, notes set out under 
those sections.


                   Termination of Advisory Commissions

    Advisory commissions established after Jan. 5, 1973, to terminate 
not later than the expiration of the 2-year period beginning on the date 
of their establishment, unless, in the case of a commission established 
by the President or an officer of the Federal Government, such 
commission is renewed by appropriate action prior to the expiration of 
such 2-year period, or in the case of a commission established by the 
Congress, its duration is otherwise provided for by law. See sections 
3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out 
in the Appendix to Title 5, Government Organization and Employees.


                     Radiation Exposure Compensation

    Pub. L. 101-426, Oct. 15, 1990, 104 Stat. 920, as amended by Pub. L. 
101-510, div. C, title XXXI, Secs. 3139, 3140, Nov. 5, 1990, 104 Stat. 
1835, 1837; Pub. L. 102-486, title XXX, Sec. 3018, Oct. 24, 1992, 106 
Stat. 3131, provided that:
``SECTION 1. SHORT TITLE.
    ``This Act may be cited as the `Radiation Exposure Compensation 
Act'.
``SEC. 2. FINDINGS, PURPOSE, AND APOLOGY.
    ``(a) Findings.--The Congress finds that--
        ``(1) fallout emitted during the Government's atmospheric 
    nuclear tests exposed individuals to radiation that is presumed to 
    have generated an excess of cancers among these individuals;
        ``(2) the health of the individuals who were exposed to 
    radiation in these tests was put at risk to serve the national 
    security interests of the United States;
        ``(3) radiation released in underground uranium mines that were 
    providing uranium for the primary use and benefit of the nuclear 
    weapons program of the United States Government exposed miners to 
    large doses of radiation and other airborne hazards in the mine 
    environment that together are presumed to have produced an increased 
    incidence of lung cancer and respiratory diseases among these 
    miners;
        ``(4) the United States should recognize and assume 
    responsibility for the harm done to these individuals; and
        ``(5) the Congress recognizes that the lives and health of 
    uranium miners and of individuals who were exposed to radiation were 
    subjected to increased risk of injury and disease to serve the 
    national security interests of the United States.
    ``(b) Purpose.--It is the purpose of this Act to establish a 
procedure to make partial restitution to the individuals described in 
subsection (a) for the burdens they have borne for the Nation as a 
whole.
    ``(c) Apology.--The Congress apologizes on behalf of the Nation to 
the individuals described in subsection (a) and their families for the 
hardships they have endured.
``SEC. 3. TRUST FUND.
    ``(a) Establishment.--There is established in the Treasury of the 
United States, a trust fund to be known as the `Radiation Exposure 
Compensation Trust Fund' (hereinafter in this Act referred to as the 
`Fund'), which shall be administered by the Secretary of the Treasury.
    ``(b) Investment of Amounts in the Fund.--Amounts in the Fund shall 
be invested in accordance with section 9702 of title 31, United States 
Code, and any interest on, and proceeds from any such investment shall 
be credited to and become a part of the Fund.
    ``(c) Availability of the Fund.--Amounts in the Fund shall be 
available only for disbursement by the Attorney General under section 6.
    ``(d) Termination.--The Fund shall terminate 22 years after the date 
of the enactment of this Act [Oct. 15, 1990]. If all of the amounts in 
the Fund have not been expended by the end of that 22-year period, 
investments of amounts in the Fund shall be liquidated and receipts 
thereof deposited in the Fund and all funds remaining in the Fund shall 
be deposited in the miscellaneous receipts account in the Treasury.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund such sums as may be necessary to carry out its 
purposes. Any amounts appropriated pursuant to this section are 
authorized to remain available until expended.
``SEC. 4. CLAIMS RELATING TO ATMOSPHERIC NUCLEAR TESTING.
    ``(a) Claims.--
        ``(1) Claims Relating to Childhood Leukemia.--Any individual who 
    was physically present in the affected area for a period of at least 
    1 year during the period beginning on January 21, 1951, and ending 
    on October 31, 1958, or was physically present in the affected area 
    for the period beginning on June 30, 1962, and ending on July 31, 
    1962, and who submits written medical documentation that he or she, 
    after such period of physical presence and between 2 and 30 years 
    after first exposure to the fallout, contracted leukemia (other than 
    chronic lymphocytic leukemia), shall receive $50,000 if--
            ``(A) initial exposure occurred prior to age 21,
            ``(B) the claim for such payment is filed with the Attorney 
        General by or on behalf of such individual, and
            ``(C) the Attorney General determines, in accordance with 
        section 6, that the claim meets the requirements of this Act.
        ``(2) Claims Relating to Specified Diseases.--Any individual 
    who--
            ``(A) was physically present in the affected area for a 
        period of at least 2 years during the period beginning on 
        January 21, 1951, and ending on October 31, 1958,
            ``(B) was physically present in the affected area for the 
        period beginning on June 30, 1962, and ending on July 31, 1962, 
        or
            ``(C) participated onsite in a test involving the 
        atmospheric detonation of a nuclear device,
    and who submits written medical documentation that he or she, after 
    such period of physical presence or such participation (as the case 
    may be), contracted a specified disease, shall receive $50,000 (in 
    the case of an individual described in subparagraph (A) or (B)) or 
    $75,000 (in the case of an individual described in subparagraph 
    (C)), if--
            ``(i) the claim for such payment is filed with the Attorney 
        General by or on behalf of such individual, and
            ``(ii) the Attorney General determines, in accordance with 
        section 6, that the claim meets the requirements of this Act.
        ``(3) Conformity with section 6.--Payments under this section 
    may be made only in accordance with section 6.
        ``(4) Exclusion.--No payment may be made under this section on 
    any claim of the Government of the Marshall Islands, or of any 
    citizen or national of the Marshall Islands, that is referred to in 
    Article X, Section 1 of the Agreement Between the Government of the 
    United States and the Government of the Marshall Islands for the 
    Implementation of section 177 of the Compact of Free Association (as 
    approved by the Compact of Free Association Act of 1985 (Public Law 
    99-239) [48 U.S.C. 1901 et seq., 2001 et seq.]).
    ``(b) Definitions.--For purposes of this section, the term--
        ``(1) `affected area' means--
            ``(A) in the State of Utah, the counties of Washington, 
        Iron, Kane, Garfield, Sevier, Beaver, Millard, and Piute;
            ``(B) in the State of Nevada, the counties of White Pine, 
        Nye, Lander, Lincoln, Eureka, and that portion of Clark County 
        that consists of townships 13 through 16 at ranges 63 through 
        71; and
            ``(C) that part of Arizona that is north of the Grand Canyon 
        and west of the Colorado River; and
        ``(2) `specified disease' means leukemia (other than chronic 
    lymphocytic leukemia), provided that initial exposure occurred after 
    the age of 20 and the onset of the disease was between 2 and 30 
    years of first exposure, and the following diseases, provided onset 
    was at least 5 years after first exposure: multiple myeloma, 
    lymphomas (other than Hodgkin's disease), and primary cancer of the: 
    thyroid (provided initial exposure occurred by the age of 20), 
    female breast (provided initial exposure occurred prior to age 40), 
    esophagus (provided low alcohol consumption and not a heavy smoker), 
    stomach (provided initial exposure occurred before age 30), pharynx 
    (provided not a heavy smoker), small intestine, pancreas (provided 
    not a heavy smoker and low coffee consumption), bile ducts, gall 
    bladder, or liver (except if cirrhosis or hepatitis B is indicated).
``SEC. 5. CLAIMS RELATING TO URANIUM MINING.
    ``(a) Eligibility of Individuals.--Any individual who was employed 
in a uranium mine located in Colorado, New Mexico, Arizona, Wyoming, or 
Utah at any time during the period beginning on January 1, 1947, and 
ending on December 31, 1971, and who, in the course of such employment--
        ``(1)(A) if a nonsmoker, was exposed to 200 or more working 
    level months of radiation and submits written medical documentation 
    that he or she, after such exposure, developed lung cancer, or
        ``(B) if a smoker, was exposed to 300 or more working level 
    months of radiation and cancer incidence occurred before age 45 or 
    was exposed to 500 or more working level months of radiation, 
    regardless of age of cancer incidence, and submits written medical 
    documentation that he or she, after such exposure, developed lung 
    cancer; or
        ``(2)(A) if a nonsmoker, was exposed to 200 or more working 
    level months of radiation and submits written medical documentation 
    that he or she, after such exposure, developed a nonmalignant 
    respiratory disease, or
        ``(B) if a smoker, was exposed to 300 or more working level 
    months of radiation and the nonmalignant respiratory disease 
    developed before age 45 or was exposed to 500 or more working level 
    months of radiation, regardless of age of disease incidence, and 
    submits written medical documentation that he or she, after such 
    exposure, developed a nonmalignant respiratory disease,
shall receive $100,000, if--
        ``(i) the claim for such payment is filed with the Attorney 
    General by or on behalf of such individual, and
        ``(ii) the Attorney General determines, in accordance with 
    section 6, that the claim meets the requirements of this Act.
Payments under this section may be made only in accordance with section 
6.
    ``(b) Definitions.--For purposes of this section--
        ``(1) the term `working level month of radiation' means 
    radiation exposure at the level of one working level every work day 
    for a month, or an equivalent exposure over a greater or lesser 
    amount of time;
        ``(2) the term `working level' means the concentration of the 
    short half-life daughters of radon that will release (1.3 x 10\5\) 
    million electron volts of alpha energy per liter of air;
        ``(3) the term `nonmalignant respiratory disease' means fibrosis 
    of the lung, pulmonary fibrosis, and corpulmonale related to 
    fibrosis of the lung; and if the claimant, whether Indian or non-
    Indian, worked in a uranium mine located on or within an Indian 
    Reservation, the term shall also include moderate or severe 
    silicosis or pneumoconiosis; and
        ``(4) the term `Indian tribe' means any Indian tribe, band, 
    nation, pueblo, or other organized group or community, that is 
    recognized as eligible for special programs and services provided by 
    the United States to Indian tribes because of their status as 
    Indians.
``SEC. 6. DETERMINATION AND PAYMENT OF CLAIMS.
    ``(a) Establishment of Filing Procedures.--The Attorney General 
shall establish procedures whereby individuals may submit claims for 
payments under this Act.
    ``(b) Determination of Claims.--
        ``(1) In general.--The Attorney General shall, in accordance 
    with this subsection, determine whether each claim filed under this 
    Act meets the requirements of this Act.
        ``(2) Consultation.--The Attorney General shall--
            ``(A) in consultation with the Surgeon General, establish 
        guidelines for determining what constitutes written medical 
        documentation that an individual contracted leukemia under 
        section 4(a)(1), a specified disease under section 4(a)(2), or 
        other disease specified in section 5;
            ``(B) in consultation with the Director of the National 
        Institute for Occupational Safety and Health, establish 
        guidelines for determining what constitutes documentation that 
        an individual was exposed to the working level months of 
        radiation under section 5; and
            ``(C) in consultation with the Secretary of Defense and the 
        Secretary of Energy, establish guidelines for determining what 
        constitutes documentation that an individual participated onsite 
        in a test involving the atmospheric detonation of a nuclear 
        device under section 4(a)(2)(C).
    The Attorney General may consult with the Surgeon General with 
    respect to making determinations pursuant to the guidelines issued 
    under subparagraph (A), with the Director of the National Institute 
    for Occupational Safety and Health with respect to making 
    determinations pursuant to the guidelines issued under subparagraph 
    (B), and with the Secretary of Defense and the Secretary of Energy 
    with respect to making determinations pursuant to the guidelines 
    issued under subparagraph (C)..[sic]
    ``(c) Payment of Claims.--
        ``(1) In general.--The Attorney General shall pay, from amounts 
    available in the Fund, claims filed under this Act which the 
    Attorney General determines meet the requirements of this Act.
        ``(2) Offset for certain payments.--(A) A payment to an 
    individual, or to a survivor of that individual, under this section 
    on a claim under subsection (a)(1), (a)(2)(A), or (a)(2)(B) of 
    section 4 or a claim under section 5 shall be offset by the amount 
    of any payment made pursuant to a final award or settlement on a 
    claim (other than a claim for worker's compensation), against any 
    person, that is based on injuries incurred by that individual on 
    account of--
            ``(i) exposure to radiation, from atmospheric nuclear 
        testing, in the affected area (as defined in section 4(b)(1)) at 
        any time during the period described in subsection (a)(1), 
        (a)(2)(A), or (a)(2)(B) of section 4, or
            ``(ii) exposure to radiation in a uranium mine at any time 
        during the period described in section 5(a).
        ``(B) A payment to an individual, or to a survivor of that 
    individual, under this section on a claim under section 4(a)(2)(C) 
    shall be offset by the amount of--
            ``(i) any payment made pursuant to a final award or 
        settlement on a claim, against any person, or
            ``(ii) any payment made by the Federal Government,
    that is based on injuries incurred by that individual on account of 
    exposure to radiation as a result of onsite participation in a test 
    involving the atmospheric detonation of a nuclear device. The amount 
    of the offset under this subparagraph with respect to payments 
    described in clauses (i) and (ii) shall be the actuarial present 
    value of such payments.
        ``(3) Right of subrogation.--Upon payment of a claim under this 
    section, the United States Government is subrogated for the amount 
    of the payment to a right or claim that the individual to whom the 
    payment was made may have against any person on account of injuries 
    referred to in paragraph (2).
        ``(4) Payments in the case of deceased persons.--
            ``(A) In general.--In the case of an individual who is 
        deceased at the time of payment under this section, such payment 
        may be made only as follows:
                ``(i) If the individual is survived by a spouse who is 
            living at the time of payment, such payment shall be made to 
            such surviving spouse.
                ``(ii) If there is no surviving spouse described in 
            clause (i), such payment shall be made in equal shares to 
            all children of the individual who are living at the time of 
            payment.
                ``(iii) If there is no surviving spouse described in 
            clause (i) and if there are no children described in clause 
            (ii), such payment shall be made in equal shares to the 
            parents of the individual who are living at the time of 
            payment.
                ``(iv) If there is no surviving spouse described in 
            clause (i), and if there are no children described in clause 
            (ii) or parents described in clause (iii), such payment 
            shall be made in equal shares to all grandchildren of the 
            individual who are living at the time of payment.
                ``(v) If there is no surviving spouse described in 
            clause (i), and if there are no children described in clause 
            (ii), parents described in clause (iii), or grandchildren 
            described in clause (iv), then such payment shall be made in 
            equal shares to the grandparents of the individual who are 
            living at the time of payment.
            ``(B) Individuals who are survivors.--If an individual 
        eligible for payment under section 4 or 5 dies before filing a 
        claim under this Act, a survivor of that individual who may 
        receive payment under subparagraph (A) may file a claim for such 
        payment under this Act.
            ``(C) Definitions.--For purposes of this paragraph--
                ``(i) the `spouse' of an individual is a wife or husband 
            of that individual who was married to that individual for at 
            least one year immediately before the death of that 
            individual;
                ``(ii) a `child' includes a recognized natural child, a 
            stepchild who lived with an individual in a regular parent-
            child relationship, and an adopted child;
                ``(iii) a `parent' includes fathers and mothers through 
            adoption;
                ``(iv) a `grandchild' of an individual is a child of a 
            child of that individual; and
                ``(v) a `grandparent' of an individual is a parent of a 
            parent of that individual.
    ``(d) Action on Claims.--The Attorney General shall complete the 
determination on each claim filed in accordance with the procedures 
established under subsection (a) not later than twelve months after the 
claim is so filed.
    ``(e) Payment in Full Settlement of Claims Against the United 
States.--The acceptance of payment by an individual under this section 
shall be in full satisfaction of all claims of or on behalf of that 
individual against the United States, or against any person with respect 
to that person's performance of a contract with the United States, that 
arise out of exposure to radiation, from atmospheric nuclear testing, in 
the affected area (as defined in section 4(b)(1)) at any time during the 
period described in subsection (a)(1), (a)(2)(A), or (a)(2)(B) of 
section 4, exposure to radiation in a uranium mine at any time during 
the period described in section 5(a), or exposure to radiation as a 
result of onsite participation in a test involving the atmospheric 
detonation of a nuclear device.
    ``(f) Administrative Costs Not Paid From the Fund.--No costs 
incurred by the Attorney General in carrying out this section shall be 
paid from the Fund or set off against, or otherwise deducted from, any 
payment under this section to any individual.
    ``(g) Termination of Duties of Attorney General.--The duties of the 
Attorney General under this section shall cease when the Fund 
terminates.
    ``(h) Certification of Treatment of Payments Under Other Laws.--
Amounts paid to an individual under this section--
        ``(1) shall be treated for purposes of the internal revenue laws 
    of the United States as damages for human suffering; and
        ``(2) shall not be included as income or resources for purposes 
    of determining eligibility to receive benefits described in section 
    3803(c)(2)(C) of title 31, United States Code, or the amount of such 
    benefits.
    ``(i) Use of Existing Resources.--The Attorney General should use 
funds and resources available to the Attorney General to carry out his 
or her functions under this Act.
    ``(j) Regulatory Authority.--The Attorney General may issue such 
regulations as are necessary to carry out this Act.
    ``(k) Issuance of Regulations, Guidelines, and Procedures.--
Regulations, guidelines, and procedures to carry out this Act shall be 
issued not later than 180 days after the date of the enactment of this 
Act [Oct. 15, 1990].
    ``(l) Judicial Review.--An individual whose claim for compensation 
under this Act is denied may seek judicial review solely in a district 
court of the United States. The court shall review the denial on the 
administrative record and shall hold unlawful and set aside the denial 
if it is arbitrary, capricious, an abuse of discretion, or otherwise not 
in accordance with law.
``SEC. 7. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; CHOICE OF REMEDIES.
    ``(a) Claims Not Assignable or Transferable.--No claim cognizable 
under this Act shall be assignable or transferable.
    ``(b) Choice of Remedies.--No individual may receive payment under 
both sections 4 and 5 of this Act, and no individual may receive more 
than one payment under section 4 of this Act.
``SEC. 8. LIMITATIONS ON CLAIMS.
    ``A claim to which this Act applies shall be barred unless the claim 
is filed within 20 years after the date of the enactment of this Act 
[Oct. 15, 1990].
``SEC. 9. ATTORNEY FEES.
    ``Notwithstanding any contract, the representative of an individual 
may not receive, for services rendered in connection with the claim of 
an individual under this Act, more than 10 per centum of a payment made 
under this Act on such claim. Any such representative who violates this 
section shall be fined not more than $5,000.
``SEC. 10. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.
    ``A payment made under this Act shall not be considered as any form 
of compensation or reimbursement for a loss for purposes of imposing 
liability on any individual receiving such payment, on the basis of such 
receipt, to repay any insurance carrier for insurance payments, or to 
repay any person on account of worker's compensation payments; and a 
payment under this Act shall not affect any claim against an insurance 
carrier with respect to insurance or against any person with respect to 
worker's compensation.
``SEC. 11. BUDGET ACT.
    ``No authority under this Act to enter into contracts or to make 
payments shall be effective in any fiscal year except to such extent or 
in such amounts as are provided in advance in appropriations Acts.
``SEC. 12. REPORT.
    ``(a) Report.--The Secretary of Health and Human Services shall 
submit a report on the incidence of radiation related moderate or severe 
silicosis and pneumoconiosis in uranium miners employed in the uranium 
mines that are defined in section 5 and are located off of Indian 
reservations.
    ``(b) Completion.--Such report shall be completed not later than 
September 30, 1992.
``SEC. 13. REPEAL.
    ``Section 1631 of the Department of Energy National Security and 
Military Applications of Nuclear Energy Authorization Act of 1985 (42 
U.S.C. 2212) is repealed.''


 Negotiated Rulemaking on Financial Protection for Radiopharmaceutical 
                                Licensees

    Section 19 of Pub. L. 100-408 provided that:
    ``(a) Rulemaking Proceeding.--
        ``(1) Purpose.--The Nuclear Regulatory Commission (hereafter in 
    this section referred to as the `Commission') shall initiate a 
    proceeding, in accordance with the requirements of this section, to 
    determine whether to enter into indemnity agreements under section 
    170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) with persons 
    licensed by the Commission under section 81, 104(a), or 104(c) of 
    the Atomic Energy Act of 1954 (42 U.S.C. 2111, 2134(a), and 2134(c)) 
    or by a State under section 274(b) of the Atomic Energy Act of 1954 
    (42 U.S.C. 2021(b)) for the manufacture, production, possession, or 
    use of radioisotopes or radiopharmaceuticals for medical purposes 
    (hereafter in this section referred to as `radiopharmaceutical 
    licensees').
        ``(2) Final determination.--A final determination with respect 
    to whether radiopharmaceutical licensees, or any class of such 
    licensees, shall be indemnified pursuant to section 170 of the 
    Atomic Energy Act of 1954 (42 U.S.C. 2210) and if so, the terms and 
    conditions of such indemnification, shall be rendered by the 
    Commission within 18 months of the date of the enactment of this Act 
    [Aug. 20, 1988].
    ``(b) Negotiated Rulemaking.--
        ``(1) Administrative conference guidelines.--For the purpose of 
    making the determination required under subsection (a), the 
    Commission shall, to the extent consistent with the provisions of 
    this Act [see Short Title of 1988 Amendment note set out under 
    section 2011 of this title], conduct a negotiated rulemaking in 
    accordance with the guidance provided by the Administrative 
    Conference of the United States in Recommendation 82-4, `Procedures 
    for Negotiating Proposed Regulations' (42 Fed. Reg. 30708, July 15, 
    1982).
        ``(2) Designation of convener.--Within 30 days of the date of 
    the enactment of this Act [Aug. 20, 1988], the Commission shall 
    designate an individual or individuals recommended by the 
    Administrative Conference of the United States to serve as a 
    convener for such negotiations.
        ``(3) Submission of recommendations of the convener.--The 
    convener shall, not later than 7 months after the date of the 
    enactment of this Act, submit to the Commission recommendations for 
    a proposed rule regarding whether the Commission should enter into 
    indemnity agreements under section 170 of the Atomic Energy Act of 
    1954 (42 U.S.C. 2210) with radiopharmaceutical licensees and, if so, 
    the terms and conditions of such indemnification. If the convener 
    recommends that such indemnity be provided for radiopharmaceutical 
    licensees, the proposed rule submitted by the convener shall set 
    forth the procedures for the execution of indemnification agreements 
    with radiopharmaceutical licensees.
        ``(4) Publication of recommendations and proposed rule.--If the 
    convener recommends that such indemnity be provided for 
    radiopharmaceutical licensees, the Commission shall publish the 
    recommendations of the convener submitted under paragraph (3) as a 
    notice of proposed rulemaking within 30 days of the submission of 
    such recommendations under such paragraph.
        ``(5) Administrative procedures.--To the extent consistent with 
    the provisions of this Act, the Commission shall conduct the 
    proceeding required under subsection (a) in accordance with section 
    553 of title 5, United States Code.''

                        Executive Order No. 12658

    Ex. Ord. No. 12658, Nov. 18, 1988, 53 F.R. 47517, as amended by Ex. 
Ord. No. 12665, Jan. 12, 1989, 54 F.R. 1919, which established 
President's Commission on Catastrophic Nuclear Accidents, was revoked by 
Ex. Ord. No. 12774, Sec. 3(c), Sept. 27, 1991, 56 F.R. 49836, set out as 
a note under section 14 of the Federal Advisory Committee Act in the 
Appendix to Title 5, Government Organization and Employees.

                        Executive Order No. 12891

    Ex. Ord. No. 12891, Jan. 15, 1994, 59 F.R. 2935, which established 
the Advisory Committee on Human Radiation Experiments, was revoked by 
Ex. Ord. No. 13062, Sec. 3(a), Sept. 29, 1997, 62 F.R. 51756, formerly 
set out as a note under section 14 of the Federal Advisory Committee Act 
in the Appendix to Title 5, Government Organization and Employees.


                            Cross References

    Nuclear incident involving nuclear reactor of United States warship, 
payment of claims or judgments of bodily injury, death, or damage 
resulting from, see section 2211 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2014, 2021d, 2073, 2243, 
2273, 2282a, 2296, 2297h-5, 5851, 9601 of this title.
