Amendments
2024—Pub. L. 118–47, § 107(a), substituted “December 31, 2065” for “December 31, 2025” wherever appearing.
Subsec. (d)(5). Pub. L. 118–47, § 107(b)(1), substituted ‘$2,000,000,000” for “$500,000,000”.
Subsec. (e)(4). Pub. L. 118–47, § 107(b)(2), substituted “$2,000,000,000” for “$500,000,000”.
Subsec. (p). Pub. L. 118–47, § 107(c), substituted “December 31, 2061” for “December 31, 2021”.
2022—Subsec. (l)(1). Pub. L. 117–286, § 4(a)(260)(A), substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act (5 U.S.C. App.)”.
Subsec. (l)(4)(A). Pub. L. 117–286, § 4(a)(260)(B)(i), substituted “title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.) and title 5.”
Subsec. (l)(4)(E), (F). Pub. L. 117–286, § 4(a)(260)(B)(ii), substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act (5 U.S.C. App.)”.
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))” 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.
“(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) or” before “the amount of indemnity” and substituted “paragraph (2) of subsection (d)” for “paragraph (3) of subsection (d), 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)”, and “subsection (c)”, 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 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)), 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), 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 “subsection (a)”, 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)”, 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)” for “subsection (e)” 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 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 Commission or any indemnified person to district court of the United States having venue in bankruptcy over location of nuclear incident and to United States District Court for the District of Columbia in cases of nuclear incidents occurring outside the United States, and upon a showing that public liability from a single nuclear incident will probably exceed the limit of imposable liability, entitled the applicant to orders for enforcement of this section, including limitation of liability of indemnified persons, staying payment of claims and execution of court judgments, apportioning payments to claimants, permitting partial payments before final determination of total claims, and setting aside part of funds for possible injuries not discovered until later time, now incorporated in subsec. (o) of this section.
Subsecs. (m) to (o). Pub. L. 89–645, § 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).