Authorizing Statute

§ 2208

Page 114

§ 2208. Payments in lieu of taxes
In order to render financial assistance to those
States and localities in which the activities of
the Commission are carried on, and in which the
Commission has acquired property previously
subject to State and local taxation, the Commission is authorized to make payments to State
and local governments in lieu of property taxes.
Such payments may be in the amounts, at the
times, and upon the terms the Commission
deems appropriate, but the Commission shall be
guided by the policy of not making payments in
excess of the taxes which would have been payable for such property in the condition in which
it was acquired, except in cases where special
burdens have been cast upon the State or local
government by activities of the Commission, the
Manhattan Engineer District or their agents. In
any such case, any benefit accruing to the State
or local government by reason of such activities
shall be considered in determining the amount
of the payment.
(Aug. 1, 1946, ch. 724, title I, § 168, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 952; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 1809(b) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.

§ 2209. Subsidies
No funds of the Commission shall be employed
in the construction or operation of facilities licensed under section 2133 or 2134 of this title except under contract or other arrangement entered into pursuant to section 2051 of this title.
(Aug. 1, 1946, ch. 724, title I, § 169, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 952; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
§ 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 $95,800,000
(subject to adjustment for inflation under subsection (t) of this section), but not more than
$15,000,000 in any 1 year (subject to adjustment
for inflation under subsection (t) of this section), 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.

Page 115
(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.

§ 2210
(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.
(5)(A) For purposes of this section only, the
Commission shall consider a combination of facilities described in subparagraph (B) to be a
single facility having a rated capacity of 100,000
electrical kilowatts or more.
(B) A combination of facilities referred to in
subparagraph (A) is two or more facilities located at a single site, each of which has a rated
capacity of 100,000 electrical kilowatts or more
but not more than 300,000 electrical kilowatts,
with a combined rated capacity of not more
than 1,300,000 electrical kilowatts.
(c) Indemnification of licensees by Nuclear Regulatory Commission
The Commission shall, with respect to licenses
issued between August 30, 1954, and December 31,
2025, 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 indem-

§ 2210
nity 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 December 31, 2025, the
requirements of this subsection shall apply to
any license issued for such facility subsequent
to December 31, 2025.
(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 December 31, 2025, 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 an agreement of indemnification entered
into under paragraph (1), the Secretary—
(A) 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
(B) shall indemnify the persons indemnified
against such liability above the amount of the
financial protection required, in the amount of
$10,000,000,000 (subject to adjustment for inflation under subsection (t) of this section), in
the aggregate, for all persons indemnified in
connection with the contract and for each nuclear incident, including such legal costs of

Page 116
the contractor as are approved by the Secretary.
(3) All agreements of indemnification under
which the Department of Energy (or its predecessor agencies) may be required to indemnify
any person under this section shall be deemed to
be amended, on August 8, 2005, to reflect the
amount of indemnity for public liability and any
applicable financial protection required of the
contractor under this subsection.
(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 $500,000,000.
(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 amount of indemnity and financial
protection that may be required under paragraph (2) of subsection (d) of this section; 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.

§ 2210

Page 117
(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 $500,000,000, 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—
(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
1 So

in original. Probably should be ‘‘Commission,’’.

§ 2210
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.
(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.
2 So

in original. Probably should be paragraph ‘‘(6)’’.

Page 118
(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

Page 119
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 December 31, 2025, 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 December 31, 2025, the requirements of this subsection shall apply to any
license issued for such facility subsequent to December 31, 2025.
(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.

§ 2210
(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 Administrator 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.

§ 2210
(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.3
the Commission or the Secretary, as appropriate, may incorporate provisions in indemnity
3 So

in original. The period probably should be a comma.

Page 120
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

Page 121
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

§ 2210
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

§ 2210
(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 December 31, 2021, 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 total and annual standard deferred premium under subsection (b)(1) of this
section not less than once during each 5-year period following August 20, 2003, in accordance
with the aggregate percentage change in the
Consumer Price Index since—
(A) August 20, 2003, in the case of the first
adjustment under this subsection; or
(B) the previous adjustment under this subsection.
(2) The Secretary shall adjust the amount of
indemnification provided under an agreement of
indemnification under subsection (d) of this section not less than once during each 5-year period
following July 1, 2003, in accordance with the aggregate percentage change in the Consumer
Price Index since—
(A) that date, in the case of the first adjustment under this paragraph; or
(B) the previous adjustment under this paragraph.
(3) 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, § 170, as added Pub.
L. 85–256, § 4, Sept. 2, 1957, 71 Stat. 576; amended

Page 122
Pub. L. 85–602, §§ 2, 2[3], Aug. 8, 1958, 72 Stat. 525;
Pub. L. 85–744, Aug. 23, 1958, 72 Stat. 837; Pub. L.
87–206, § 15, Sept. 6, 1961, 75 Stat. 479; Pub. L.
87–615, §§ 6, 7, Aug. 29, 1962, 76 Stat. 410; Pub. L.
88–394, §§ 2, 3, Aug. 1, 1964, 78 Stat. 376; Pub. L.
89–210, §§ 1–5, Sept. 29, 1965, 79 Stat. 855–857; Pub.
L. 89–645, §§ 2, 3, Oct. 13, 1966, 80 Stat. 891; Pub. L.
94–197, §§ 2–14, Dec. 31, 1975, 89 Stat. 1111–1115;
Pub. L. 100–408, §§ 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, § 902(a)(8), Oct. 24, 1992,
106 Stat. 2944; Pub. L. 105–362, title XII, § 1201(b),
Nov. 10, 1998, 112 Stat. 3292; Pub. L. 107–314, div.
C, title XXXI, § 3171, Dec. 2, 2002, 116 Stat. 2743;
Pub. L. 108–7, div. O, § 101, Feb. 20, 2003, 117 Stat.
551; Pub. L. 108–375, div. C, title XXXI, § 3141,
Oct. 28, 2004, 118 Stat. 2171; Pub. L. 109–58, title
VI, §§ 602–608, Aug. 8, 2005, 119 Stat. 779–781; Pub.
L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat.
1410.)
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 (§ 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
2005—Subsec. (b)(1). Pub. L. 109–58, § 603(1), substituted
‘‘$95,800,000’’ for ‘‘$63,000,000’’ and ‘‘$15,000,000 in any 1
year (subject to adjustment for inflation under subsection (t) of this section)’’ for ‘‘$10,000,000 in any 1
year’’ in second proviso of third sentence.
Subsec. (b)(5). Pub. L. 109–58, § 608, added par. (5).
Subsec. (c). Pub. L. 109–58, § 602(a), substituted ‘‘licensees’’ for ‘‘licenses’’ in heading and substituted ‘‘December 31, 2025’’ for ‘‘December 31, 2003’’ in text wherever appearing.
Subsec. (d)(1)(A). Pub. L. 109–58, § 602(b), substituted
‘‘December 31, 2025’’ for ‘‘December 31, 2006’’.
Subsec. (d)(2). Pub. L. 109–58, § 604(a), added par. (2)
and struck out former par. (2) which read as follows:
‘‘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.’’
Subsec. (d)(3). Pub. L. 109–58, § 604(b), added par. (3)
and struck out former par. (3) which read as follows:
‘‘(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.

Page 123
‘‘(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.’’
Subsec. (d)(5). Pub. L. 109–58, § 605(a), substituted
‘‘$500,000,000’’ for ‘‘$100,000,000’’.
Subsec. (e)(1)(B). Pub. L. 109–58, § 604(c), struck out
‘‘the maximum amount of financial protection required
under subsection (b) of this section or’’ before ‘‘the
amount of indemnity’’ and substituted ‘‘paragraph (2)
of subsection (d) of this section’’ for ‘‘paragraph (3) of
subsection (d) of this section, whichever amount is
more’’.
Subsec. (e)(4). Pub. L. 109–58, § 605(b), substituted
‘‘$500,000,000’’ for ‘‘$100,000,000’’.
Subsec. (k). Pub. L. 109–58, § 602(c), substituted ‘‘December 31, 2025’’ for ‘‘August 1, 2002’’ wherever appearing.
Subsec. (p). Pub. L. 109–58, § 606, substituted ‘‘December 31, 2021’’ for ‘‘August 1, 1998’’.
Subsec. (t)(1). Pub. L. 109–58, § 603(2), inserted ‘‘total
and annual’’ before ‘‘standard deferred premium’’ in introductory provisions and substituted ‘‘August 20, 2003’’
for ‘‘August 20, 1988’’ in introductory provisions and
subpar. (A).
Subsec. (t)(2), (3). Pub. L. 109–58, § 607, added par. (2)
and redesignated former par. (2) as (3).
2004—Subsec. (d)(1)(A). Pub. L. 108–375 substituted
‘‘until December 31, 2006’’ for ‘‘until December 31, 2004’’.
2003—Subsec. (c). Pub. L. 108–7 substituted ‘‘December
31, 2003’’ for ‘‘August 1, 2002’’ wherever appearing.
2002—Subsec. (d)(1)(A). Pub. L. 107–314 substituted
‘‘until December 31, 2004,’’ for ‘‘until August 1, 2002,’’.
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, § 16(e)(1), inserted
‘‘Requirement of financial protection for licensees’’ as
heading.
Pub. L. 100–408, § 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, § 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, § 16(e)(2), inserted
‘‘Amount and type of financial protection for licensees’’ as heading.
Subsec. (b)(1). Pub. L. 100–408, § 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

§ 2210
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, § 2(c)(4), added par. (2).
Subsec. (b)(3). Pub. L. 100–408, § 2(d)(1), inserted par.
(3) designation.
Subsec. (b)(4). Pub. L. 100–408, § 2(d)(2), added par. (4).
Subsec. (c). Pub. L. 100–408, § 16(e)(3), inserted ‘‘Indemnification of licenses by Nuclear Regulatory Commission’’ as heading.
Pub. L. 100–408, § 3, substituted ‘‘August 1, 2002’’ for
‘‘August 1, 1987’’ wherever appearing.
Subsec. (d). Pub. L. 100–408, § 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, § 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, § 16(e)(4), inserted ‘‘Collection of fees by Nuclear Regulatory Commission’’ as
heading.
Pub. L. 100–408, § 16(b)(3), inserted ‘‘or the Secretary,
as appropriate,’’ in two places.
Subsec. (g). Pub. L. 100–408, § 16(e)(5), inserted ‘‘Use of
services of private insurers’’ as heading.
Pub. L. 100–408, § 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, § 16(b)(4), inserted ‘‘or the Secretary,
as appropriate,’’ after ‘‘Commission’’, wherever appearing.
Subsec. (h). Pub. L. 100–408, § 16(e)(6), inserted ‘‘Conditions of agreements of indemnification’’ as heading.
Pub. L. 100–408, § 16(b)(4), inserted ‘‘or the Secretary,
as appropriate,’’ after ‘‘Commission’’, wherever appearing.
Subsec. (i). Pub. L. 100–408, § 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, § 16(e)(7), inserted ‘‘Contracts in advance of appropriations’’ as heading.
Pub. L. 100–408, § 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, § 16(b)(4), inserted ‘‘or the Secretary,
as appropriate,’’.
Subsec. (k). Pub. L. 100–408, § 16(e)(8), inserted ‘‘Exemption from financial protection requirement for nonprofit educational institutions’’ as heading.
Pub. L. 100–408, § 16(d)(5), in introductory provisions
substituted ‘‘subsection a’’ for ‘‘subsection 170a’’, which
for purposes of codification was translated as ‘‘sub-

§ 2210
section (a) of this section’’, thus requiring no change in
text.
Pub. L. 100–408, § 8(1), substituted ‘‘August 1, 2002’’ for
‘‘August 1, 1987’’, wherever appearing in introductory
and closing provisions.
Subsec. (k)(1). Pub. L. 100–408, § 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, § 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, § 16(e)(9), inserted ‘‘Coordinated procedures for prompt settlement of claims and
emergency assistance’’ as heading.
Pub. L. 100–408, § 16(b)(4), inserted ‘‘or the Secretary,
as appropriate,’’ after ‘‘Commission’’ wherever appearing.
Subsec. (n). Pub. L. 100–408, § 16(e)(10), inserted ‘‘Waiver of defenses and judicial procedures’’ as heading.
Subsec. (n)(1). Pub. L. 100–408, §§ 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, § 16(b)(5)(B), inserted
‘‘or the Secretary, as appropriate’’ after ‘‘Commission’’.
Pub. L. 100–408, § 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, § 11(c), added par. (3).
Subsec. (o). Pub. L. 100–408, § 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, § 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, § 16(d)(7), substituted
‘‘subparagraph (C)’’ for ‘‘subparagraph (3) of this subsection (o)’’.
Subsec. (o)(1)(C). Pub. L. 100–408, § 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, § 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, § 16(e)(11), inserted ‘‘Reports to Congress’’ as heading.
Pub. L. 100–408, § 12, designated existing provisions as
par. (1), substituted ‘‘and the Secretary shall submit to

Page 124
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, § 5(c), added subsec. (q).
Subsec. (r). Pub. L. 100–408, § 13, added subsec. (r).
Subsec. (s). Pub. L. 100–408, § 14, added subsec. (s).
Subsec. (t). Pub. L. 100–408, § 15, added subsec. (t).
1975—Subsec. (a). Pub. L. 94–197, § 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, § 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, § 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, § 5, substituted ‘‘until August 1, 1987,’’ for ‘‘until August 1, 1977,’’ and ‘‘excluding’’ for ‘‘including the reasonable’’.
Subsec. (e). Pub. L. 94–197, § 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, § 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, § 8, substituted ‘‘shall not
include’’ for ‘‘may include reasonable’’.
Subsec. (i). Pub. L. 94–197, § 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, § 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, § 11, substituted ‘‘excluding’’ for ‘‘including the reasonable’’.
Subsec. (n)(1)(iii). Pub. L. 94–197, § 12, substituted
‘‘twenty years’’ for ‘‘ten years’’.
Subsec. (o)(3), (4). Pub. L. 94–197, § 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, § 14, added subsec. (p).
1966—Subsec. (e). Pub. L. 89–645, § 2, struck out last
sentence which authorized application by the Commis-

§ 2210

Page 125
sion 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, § 3, added subsecs.
(m) to (o).
1965—Subsec. (c). Pub. L. 89–210, § 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, § 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, § 3, inserted proviso prohibiting the aggregate liability to exceed the sum of
$560,000,000.
Subsec. (k). Pub. L. 89–210, § 4, substituted ‘‘August 1,
1977’’ for ‘‘August 1, 1967’’ wherever appearing.
Subsec. (l). Pub. L. 89–210, § 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, § 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, § 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, § 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, § 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, § 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, § 2, added subsec. (l).
CHANGE OF NAME
‘‘Administrator of the Federal Emergency Management Agency’’ substituted for ‘‘Director of the Federal
Emergency Management Agency’’ in subsec. (l)(4)(C) on
authority of section 612(c) of Pub. L. 109–295, set out as
a note under section 313 of Title 6, Domestic Security.
Any reference to the Administrator of the Federal
Emergency Management Agency in title VI of Pub. L.
109–295 or an amendment by title VI to be considered to
refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of Title 6.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–58, title VI, § 609, Aug. 8, 2005, 119 Stat. 781,
provided that: ‘‘The amendments made by sections 603,
604, and 605 [amending this section] do not apply to a
nuclear incident that occurs before the date of the enactment of this Act [Aug. 8, 2005].’’
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
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
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.
FINDINGS
Pub. L. 106–245, § 2, July 10, 2000, 114 Stat. 501, provided that: ‘‘Congress finds that—
‘‘(1) the Radiation Exposure Compensation Act
[Pub. L. 101–426] (42 U.S.C. 2210 note) recognized the
responsibility of the Federal Government to compensate individuals who were harmed by the mining

§ 2210

Page 126

of radioactive materials or fallout from nuclear arms
testing;
‘‘(2) a congressional oversight hearing conducted by
the Committee on Labor and Human Resources [now
Committee on Health, Education, Labor, and Pensions] of the Senate demonstrated that since enactment of the Radiation Exposure Compensation Act
(42 U.S.C. 2210 note), regulatory burdens have made it
too difficult for some deserving individuals to be fairly and efficiently compensated;
‘‘(3) reports of the Atomic Energy Commission and
the National Institute for Occupational Safety and
Health testify to the need to extend eligibility to
States in which the Federal Government sponsored
uranium mining and milling from 1941 through 1971;
‘‘(4) scientific data resulting from the enactment of
the Radiation[–]Exposed Veterans Compensation Act
of 1988 (38 U.S.C. 101 note) [Pub. L. 100–321, see Tables
for classification], and obtained from the Committee
on the Biological Effects of Ionizing Radiations, and
the President’s Advisory Committee on Human Radiation Experiments provide medical validation for the
extension of compensable radiogenic pathologies;
‘‘(5) above-ground uranium miners, millers and individuals who transported ore should be fairly compensated, in a manner similar to that provided for
underground uranium miners, in cases in which those
individuals suffered disease or resultant death, associated with radiation exposure, due to the failure of
the Federal Government to warn and otherwise help
protect citizens from the health hazards addressed by
the Radiation Exposure Compensation Act of 1990 (42
U.S.C. 2210 note); and
‘‘(6) it should be the responsibility of the Federal
Government in partnership with State and local governments and appropriate healthcare organizations,
to initiate and support programs designed for the
early detection, prevention and education on
radiogenic diseases in approved States to aid the
thousands of individuals adversely affected by the
mining of uranium and the testing of nuclear weapons for the Nation’s weapons arsenal.’’
AFFIDAVITS
Pub. L. 106–245, § 3(e)(2), July 10, 2000, 114 Stat. 507,
provided that:
‘‘(A) IN GENERAL.—The Attorney General shall take
such action as may be necessary to ensure that the procedures established by the Attorney General under section 6 of the Radiation Exposure Compensation Act
[Pub. L. 101–426] (42 U.S.C. 2210 note) provide that, in
addition to any other material that may be used to
substantiate employment history for purposes of determining working level months, an individual filing a
claim under those procedures may make such a substantiation by means of an affidavit described in subparagraph (B).
‘‘(B) AFFIDAVITS.—An affidavit referred to under subparagraph (A) is an affidavit—
‘‘(i) that meets such requirements as the Attorney
General may establish; and
‘‘(ii) is made by a person other than the individual
filing the claim that attests to the employment history of the claimant.’’
GAO REPORTS
Pub. L. 106–245, § 3(i), July 10, 2000, 114 Stat. 508, which
required General Accounting Office, not later than 18
months after July 10, 2000, and every 18 months thereafter, to submit a report to Congress containing a detailed accounting of the administration of the Radiation Exposure Compensation Act (Pub. L. 101–426, 42
U.S.C. 2210 note) by the Department of Justice, was repealed by Pub. L. 107–273, div. C, title I, § 11007(b), Nov.
2, 2002, 116 Stat. 1818. See section 14 of Pub. L. 101–426,
set out below.
RADIATION EXPOSURE COMPENSATION
Pub. L. 101–426, Oct. 15, 1990, 104 Stat. 920, as amended
by Pub. L. 101–510, div. C, title XXXI, §§ 3139, 3140, Nov.

5, 1990, 104 Stat. 1835, 1837; Pub. L. 102–486, title XXX,
§ 3018, Oct. 24, 1992, 106 Stat. 3131; Pub. L. 106–245,
§ 3(a)–(e)(1), (f)–(h), July 10, 2000, 114 Stat. 502–508; Pub.
L. 107–107, div. A, title X, § 1063, Dec. 28, 2001, 115 Stat.
1232; Pub. L. 107–273, div. C, title I, § 11007(a), Nov. 2,
2002, 116 Stat. 1817; Pub. L. 108–271, § 8(b), July 7, 2004,
118 Stat. 814; Pub. L. 108–375, div. C, title XXXI,
§ 3165(b), Oct. 28, 2004, 118 Stat. 2187; Pub. L. 108–447, div.
B, title I, § 122, Dec. 8, 2004, 118 Stat. 2870, 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 the Radiation
Exposure Compensation Act Amendments of 2000 [July
10, 2000]. 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) APPROPRIATION.—
‘‘(1) IN GENERAL.—There are appropriated to the
Fund, out of any money in the Treasury not otherwise appropriated, for fiscal year 2002 and each fiscal
year thereafter, such sums as may be necessary, not
to exceed the applicable maximum amount specified
in paragraph (2), to carry out the purposes of the
Fund.
‘‘(2) LIMITATION.—Appropriation of amounts to the
Fund pursuant to paragraph (1) is subject to the following maximum amounts:

Page 127
‘‘(A) For fiscal year 2002, $172,000,000.
‘‘(B) For fiscal year 2003, $143,000,000.
‘‘(C) For fiscal year 2004, $107,000,000.
‘‘(D) For fiscal year 2005, $65,000,000.
‘‘SEC. 4. CLAIMS RELATING TO ATMOSPHERIC NUCLEAR TESTING.
‘‘(a) CLAIMS.—
‘‘(1) CLAIMS RELATING TO LEUKEMIA.—
‘‘(A) IN GENERAL.—An individual described in this
subparagraph shall receive an amount specified in
subparagraph (B) if the conditions described in subparagraph (C) are met. An individual referred to in
the preceding sentence is an individual who—
‘‘(i)(I) was physically present in an affected area
for a period of at least 1 year during the period
beginning on January 21, 1951, and ending on October 31, 1958;
‘‘(II) was physically present in the affected area
for the period beginning on June 30, 1962, and ending on July 31, 1962; or
‘‘(III) participated onsite in a test involving the
atmospheric detonation of a nuclear device; and
‘‘(ii) submits written documentation that such
individual developed leukemia—
‘‘(I) after the applicable period of physical
presence described in subclause (I) or (II) of
clause (i) or onsite participation described in
clause (i)(III) (as the case may be); and
‘‘(II) more that [sic] 2 years after first exposure to fallout.
‘‘(B) AMOUNTS.—If the conditions described in
subparagraph (C) are met, an individual—
‘‘(i) who is described in subclause (I) or (II) of
subparagraph (A)(i) shall receive $50,000; or
‘‘(ii) who is described in subclause (III) of subparagraph (A)(i) shall receive $75,000.
‘‘(C) CONDITIONS.—The conditions described in
this subparagraph are as follows:
‘‘(i) Initial exposure occurred prior to age 21.
‘‘(ii) The claim for a payment under subparagraph (B) is filed with the Attorney General by or
on behalf of the individual.
‘‘(iii) 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

§ 2210
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, Wayne, San Juan, 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) in the State of Arizona, the counties of
Coconino, Yavapai, Navajo, Apache, and Gila, and
that part of Arizona that is north of the Grand Canyon; 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 at least 2 years after 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, male or female breast,
esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary
bladder, brain, colon, ovary, liver (except if cirrhosis
or hepatitis B is indicated), or lung.
‘‘SEC. 5. CLAIMS RELATING TO URANIUM MINING.
‘‘(a) ELIGIBILITY OF INDIVIDUALS.—
‘‘(1) IN GENERAL.—An individual shall receive
$100,000 for a claim made under this Act if—
‘‘(A) that individual—
‘‘(i) was employed in a uranium mine or uranium mill (including any individual who was employed in the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho,
North Dakota, Oregon, and Texas at any time
during the period beginning on January 1, 1942,
and ending on December 31, 1971; and
‘‘(ii)(I) was a miner exposed to 40 or more working level months of radiation or worked for at
least 1 year during the period described under
clause (i) and submits written medical documentation that the individual, after that exposure, developed lung cancer or a nonmalignant
respiratory disease; or
‘‘(II) was a miller or ore transporter who
worked for at least 1 year during the period described under clause (i) and submits written medical documentation that the individual, after that
exposure, developed lung cancer or a nonmalignant respiratory disease or renal cancers and
other chronic renal disease including nephritis
and kidney tubal tissue injury;
‘‘(B) the claim for that payment is filed with the
Attorney General by or on behalf of that individual;
and
‘‘(C) the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act.
‘‘(2) INCLUSION OF ADDITIONAL STATES.—Paragraph
(1)(A)(i) shall apply to a State, in addition to the
States named under such clause, if—
‘‘(A) a uranium mine was operated in such State
at any time during the period beginning on January
1, 1942, and ending on December 31, 1971;
‘‘(B) the State submits an application to the Department of Justice to include such State; and
‘‘(C) the Attorney General makes a determination
to include such State.
‘‘(3) PAYMENT REQUIREMENT.—Each payment 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

§ 2210
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 (1.3×105) million electron volts of alpha energy
per liter of air;
‘‘(3) the term ‘nonmalignant respiratory disease’
means fibrosis of the lung, pulmonary fibrosis,
corpulmonale related to fibrosis of the lung, silicosis,
and pneumoconiosis;
‘‘(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;
‘‘(5) the term ‘written medical documentation’ for
purposes of proving a nonmalignant respiratory disease means, in any case in which the claimant is living—
‘‘(A)(i) an arterial blood gas study; or
‘‘(ii) a written diagnosis by a physician meeting
the requirements of subsection (c)(1); and
‘‘(B)(i) a chest x-ray administered in accordance
with standard techniques and the interpretive reports of a maximum of two National Institute of
Occupational Health and Safety certified ‘B’ readers classifying the existence of the nonmalignant
respiratory disease of category 1/0 or higher according to a 1989 report of the International Labor Office (known as the ‘ILO’), or subsequent revisions;
‘‘(ii) high resolution computed tomography scans
(commonly known as ‘HRCT scans’) (including computer assisted tomography scans (commonly known
as ‘CAT scans’), magnetic resonance imaging scans
(commonly known as ‘MRI scans’), and positron
emission tomography scans (commonly known as
‘PET scans’)) and interpretive reports of such
scans;
‘‘(iii) pathology reports of tissue biopsies; or
‘‘(iv) pulmonary function tests indicating restrictive lung function, as defined by the American Thoracic Society;
‘‘(6) the term ‘lung cancer’—
‘‘(A) means any physiological condition of the
lung, trachea, or bronchus that is recognized as
lung cancer by the National Cancer Institute; and
‘‘(B) includes in situ lung cancers;
‘‘(7) the term ‘uranium mine’ means any underground excavation, including ‘dog holes’, as well as
open pit, strip, rim, surface, or other aboveground
mines, where uranium ore or vanadium-uranium ore
was mined or otherwise extracted; and
‘‘(8) the term ‘uranium mill’ includes milling operations involving the processing of uranium ore or vanadium-uranium ore, including both carbonate and
acid leach plants.
‘‘(c) WRITTEN DOCUMENTATION.—
‘‘(1) DIAGNOSIS ALTERNATIVE TO ARTERIAL BLOOD GAS
STUDY.—
‘‘(A) IN GENERAL.—For purposes of this Act, the
written diagnosis and the accompanying interpretive reports described in subsection (b)(5)(A) shall—
‘‘(i) be considered to be conclusive; and
‘‘(ii) be subject to a fair and random audit procedure established by the Attorney General.
‘‘(B) CERTAIN WRITTEN DIAGNOSES.—
‘‘(i) IN GENERAL.—For purposes of this Act, a
written diagnosis made by a physician described
under clause (ii) of a nonmalignant pulmonary
disease of a claimant that is accompanied by
written documentation shall be considered to be
conclusive evidence of that disease.
‘‘(ii) DESCRIPTION OF PHYSICIANS.—A physician
referred to under clause (i) is a physician who—
‘‘(I) is employed by the Indian Health Service
or the Department of Veterans Affairs; or
‘‘(II) is a board certified physician; and
‘‘(III) has a documented ongoing physician patient relationship with the claimant.
‘‘(2) CHEST X-RAYS.—

Page 128
‘‘(A) IN GENERAL.—For purposes of this Act, a
chest x-ray and the accompanying interpretive reports described in subsection (b)(5)(B) shall—
‘‘(i) be considered to be conclusive; and
‘‘(ii) be subject to a fair and random audit procedure established by the Attorney General.
‘‘(B) CERTAIN WRITTEN DIAGNOSES.—
‘‘(i) IN GENERAL.—For purposes of this Act, a
written diagnosis made by a physician described
in clause (ii) of a nonmalignant pulmonary disease of a claimant that is accompanied by written
documentation that meets the definition of that
term under subsection (b)(5) shall be considered
to be conclusive evidence of that disease.
‘‘(ii) DESCRIPTION OF PHYSICIANS.—A physician
referred to under clause (i) is a physician who—
‘‘(I) is employed by—
‘‘(aa) the Indian Health Service; or
‘‘(bb) the Department of Veterans Affairs;
and
‘‘(II) has a documented ongoing physician patient relationship with the claimant.
‘‘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. In establishing procedures under this subsection,
the Attorney General shall take into account and make
allowances for the law, tradition, and customs of Indian tribes (as that term is defined in section 5(b)) and
members of Indian tribes, to the maximum extent practicable.
‘‘(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. All reasonable doubt with regard
to whether a claim meets the requirements of this
Act shall be resolved in favor of the claimant.
‘‘(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 (or, in the case
of a payment under section 5, from the Energy Employees Occupational Illness Compensation Fund,
pursuant to section 3630(d) of the Energy Employees
Occupational Illness Compensation Program Act of
2000 [42 U.S.C. 7384u(d)]), claims filed under this Act
which the Attorney General determines meet the requirements of this Act.

Page 129
‘‘(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 (other than a claim for
workers’ compensation), against any person, or
‘‘(ii) any payment made by the Department of
Veterans Affairs,
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

§ 2210
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) APPLICATION OF NATIVE AMERICAN LAW.—In
determining those individuals eligible to receive
compensation by virtue of marriage, relationship,
or survivorship, such determination shall take into
consideration and give effect to established law,
tradition, and custom of the particular affected Indian tribe.
‘‘(d) ACTION ON CLAIMS.—
‘‘(1) IN GENERAL.—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. For purposes of determining when
the 12-month period ends, a claim under this Act
shall be deemed filed as of the date of its receipt by
the Attorney General. In the event of the denial of a
claim, the claimant shall be permitted a reasonable
period in which to seek administrative review of the
denial by the Attorney General. The Attorney General shall make a final determination with respect to
any administrative review within 90 days after the receipt of the claimant’s request for such review. In the
event the Attorney General fails to render a determination within 12 months after the date of the receipt of such request, the claim shall be deemed
awarded as a matter of law and paid.
‘‘(2) ADDITIONAL INFORMATION.—The Attorney General may request from any claimant under this Act,
or from any individual or entity on behalf of any such
claimant, any reasonable additional information or
documentation necessary to complete the determination on the claim in accordance with the procedures
established under subsection (a).
‘‘(3) TREATMENT OF PERIOD ASSOCIATED WITH REQUEST.—
‘‘(A) IN GENERAL.—The period described in subparagraph (B) shall not apply to the 12-month limitation under paragraph (1).
‘‘(B) PERIOD.—The period described in this subparagraph is the period—
‘‘(i) beginning on the date on which the Attorney General makes a request for additional information or documentation under paragraph (2);
and
‘‘(ii) ending on the date on which the claimant
or individual or entity acting on behalf of that
claimant submits that information or documentation or informs the Attorney General that it is
not possible to provide that information or that
the claimant or individual or entity will not provide that information.
‘‘(4) PAYMENT WITHIN 6 WEEKS.—The Attorney General shall ensure that an approved claim is paid not
later than 6 weeks after the date on which such claim
is approved.
‘‘(5) NATIVE AMERICAN CONSIDERATIONS.—Any procedures under this subsection shall take into consideration and incorporate, to the fullest extent feasible,
Native American law, tradition, and custom with respect to the submission and processing of claims by
Native Americans.
‘‘(e) PAYMENT IN FULL SETTLEMENT OF CLAIMS
AGAINST THE UNITED STATES.—Except as otherwise authorized by law, 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)

§ 2210
of section 4, exposure to radiation in a uranium mine,
mill, or while employed in the transport of uranium ore
or vanadium-uranium ore from such mine or mill 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]. Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act
Amendments of 2000 [July 10, 2000], the Attorney General shall issue revised regulations to carry out this
Act.
‘‘(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
more than 1 payment under this Act.
‘‘SEC. 8. LIMITATIONS ON CLAIMS.
‘‘(a) IN GENERAL.—A claim to which this Act applies
shall be barred unless the claim is filed within 22 years
after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2000 [July 10,
2000].
‘‘(b) RESUBMITTAL OF CLAIMS.—After the date of the
enactment of the Radiation Exposure Compensation
Act Amendments of 2000 [July 10, 2000], any claimant
who has been denied compensation under this Act may
resubmit a claim for consideration by the Attorney
General in accordance with this Act not more than
three times. Any resubmittal made before the date of
the enactment of the Radiation Exposure Compensation Act Amendments of 2000 shall not be applied to the
limitation under the preceding sentence.
‘‘SEC. 9. ATTORNEY FEES.
‘‘(a) GENERAL RULE.—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 that percentage
specified in subsection (b) of a payment made under
this Act on such claim.

Page 130
‘‘(b) APPLICABLE PERCENTAGE LIMITATIONS.—The percentage referred to in subsection (a) is—
‘‘(1) 2 percent for the filing of an initial claim; and
‘‘(2) 10 percent with respect to—
‘‘(A) any claim with respect to which a representative has made a contract for services before the
date of the enactment of the Radiation Exposure
Compensation Act Amendments of 2000 [July 10,
2000]; or
‘‘(B) a resubmission of a denied claim.
‘‘(c) PENALTY.—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.
‘‘SEC. 14. GAO REPORTS.
‘‘(a) IN GENERAL.—Not later than 18 months after the
date of enactment of the Radiation Exposure Compensation Act Amendments of 2000 [July 10, 2000], and
every 18 months thereafter, the Government Accountability Office shall submit a report to Congress containing a detailed accounting of the administration of
this Act by the Department of Justice.
‘‘(b) CONTENTS.—Each report submitted under this
section shall include an analysis of—
‘‘(1) claims, awards, and administrative costs under
this Act; and
‘‘(2) the budget of the Department of Justice relating to this Act.’’
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’).

§ 2210a

Page 131
‘‘(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, § 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, § 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.

§ 2210a. Conflicts of interest relating to contracts
and other arrangements
(a) Disclosure requirements
The Commission shall, by rule, require any
person proposing to enter into a contract, agree-

ment, or other arrangement, whether by competitive bid or negotiation, under this chapter
or any other law administered by it for the conduct of research, development, evaluation activities, or for technical and management support services, to provide the Commission, prior
to entering into any such contract, agreement,
or arrangement, with all relevant information,
as determined by the Commission, bearing on
whether that person has a possible conflict of interest with respect to—
(1) being able to render impartial, technically sound, or objective assistance or advice in light of other activities or relationships with other persons, or
(2) being given an unfair competitive advantage. Such person shall insure, in accordance
with regulations prescribed by the Commission, compliance with this section by any subcontractor (other than a supply subcontractor)
of such person in the case of any subcontract
for more than $10,000.
(b) Evaluation
(1) In general
Except as provided in paragraph (2), the Nuclear Regulatory Commission shall not enter
into any such contract agreement or arrangement unless it finds, after evaluating all information provided under subsection (a) of this
section and any other information otherwise
available to the Commission that—
(A) it is unlikely that a conflict of interest
would exist, or
(B) such conflict has been avoided after appropriate conditions have been included in
such contract, agreement, or arrangement;
except that if the Commission determines
that such conflict of interest exists and that
such conflict of interest cannot be avoided
by including appropriate conditions therein,
the Commission may enter into such contract, agreement, or arrangement, if the
Commission determines that it is in the best
interests of the United States to do so and
includes appropriate conditions in such contract, agreement, or arrangement to mitigate such conflict.
(2) Nuclear Regulatory Commission
Notwithstanding any conflict of interest, the
Nuclear Regulatory Commission may enter
into a contract, agreement, or arrangement
with the Department of Energy or the operator of a Department of Energy facility, if the
Nuclear Regulatory Commission determines
that—
(A) the conflict of interest cannot be mitigated; and
(B) adequate justification exists to proceed
without mitigation of the conflict of interest.
(c) Promulgation and publication of rules
The Commission shall publish rules for the implementation of this section, in accordance with
section 553 of title 5 (without regard to subsection (a)(2) thereof) as soon as practicable
after November 6, 1978, but in no event later
than 120 days after such date.
(Aug. 1, 1946, ch. 724, title I, § 170A, as added Pub.
L. 95–601, § 8(a), Nov. 6, 1978, 92 Stat. 2950; renum-