Notes on 42 U.S.C. § 2210 : US Code - Notes

Search Notes on 42 U.S.C. § 2210 : US Code - Notes

(Aug. 1, 1946, ch. 724, title I, Sec. 170, as added Pub. L. 85-256,
Sec. 4, Sept. 2, 1957, 71 Stat. 576; amended Pub. L. 85-602, Secs.
2, 2[3], Aug. 8, 1958, 72 Stat. 525; Pub. L. 85-744, Aug. 23, 1958,
72 Stat. 837; Pub. L. 87-206, Sec. 15, Sept. 6, 1961, 75 Stat. 479;
Pub. L. 87-615, Secs. 6, 7, Aug. 29, 1962, 76 Stat. 410; Pub. L. 88-
394, Secs. 2, 3, Aug. 1, 1964, 78 Stat. 376; Pub. L. 89-210, Secs.
1-5, Sept. 29, 1965, 79 Stat. 855-857; Pub. L. 89-645, Secs. 2, 3,
Oct. 13, 1966, 80 Stat. 891; Pub. L. 94-197, Secs. 2-14, Dec. 31,
1975, 89 Stat. 1111-1115; Pub. L. 100-408, Secs. 2-4(a), 5(c)-
11(a), (c), (d)(1), 12-15, 16(a)(2), (b)(3)-(c), (d)(4)-(e), Aug.
20, 1988, 102 Stat. 1066-1068, 1070-1080; renumbered title I, Pub.
L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
2944; Pub. L. 105-362, title XII, Sec. 1201(b), Nov. 10, 1998, 112
Stat. 3292; Pub. L. 107-314, div. C, title XXXI, Sec. 3171, Dec. 2,
2002, 116 Stat. 2743; Pub. L. 108-7, div. O, Sec. 101, Feb. 20,
2003, 117 Stat. 551; Pub. L. 108-375, div. C, title XXXI, Sec.
3141, Oct. 28, 2004, 118 Stat. 2171; Pub. L. 109-58, title VI,
Secs. 602-608, Aug. 8, 2005, 119 Stat. 779-781.)
REFERENCES IN TEXT
Public Law 85-804, referred to in subsec. (d)(1)(B)(i)(I), is
Pub. L. 85-804, Aug. 28, 1958, 72 Stat. 972, as amended, which is
classified generally to chapter 29 (Sec. 1431 et seq.) of Title 50,
War and National Defense. For complete classification of this Act
to the Code, see Tables.
The Federal Advisory Committee Act, referred to in subsec.
(l)(1), (4)(A), (E), (F), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
770, as amended, which is set out in the Appendix to Title 5,
Government Organization and Employees.
The Federal Rules of Civil Procedure, referred to in subsec.
(n)(3)(C)(v), (vi), are set out in the Appendix to Title 28,
Judiciary and Judicial Procedure.
AMENDMENTS
2005 - Subsec. (b)(1). Pub. L. 109-58, Sec. 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, Sec. 608, added par. (5).
Subsec. (c). Pub. L. 109-58, Sec. 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, Sec. 602(b), substituted
"December 31, 2025" for "December 31, 2006".
Subsec. (d)(2). Pub. L. 109-58, Sec. 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, Sec. 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, Sec. 605(a), substituted
"$500,000,000" for "$100,000,000".
Subsec. (e)(1)(B). Pub. L. 109-58, Sec. 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, Sec. 605(b), substituted
"$500,000,000" for "$100,000,000".
Subsec. (k). Pub. L. 109-58, Sec. 602(c), substituted "December
31, 2025" for "August 1, 2002" wherever appearing.
Subsec. (p). Pub. L. 109-58, Sec. 606, substituted "December 31,
2021" for "August 1, 1998".
Subsec. (t)(1). Pub. L. 109-58, Sec. 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, Sec. 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, Sec. 16(e)(1), inserted
"Requirement of financial protection for licensees" as heading.
Pub. L. 100-408, Sec. 16(d)(4), substituted "section 2i." for
"subsection 2i. of the Atomic Energy Act of 1954, as amended",
"subsection b." for "subsection 170b.", and "subsection c." for
"subsection 170c.", which for purposes of codification were
translated as "section 2012(i) of this title", "subsection (b) of
this section", and "subsection (c) of this section", respectively,
thus requiring no change in text.
Pub. L. 100-408, Sec. 16(a)(2), substituted "the Nuclear
Regulatory Commission (in this section referred to as the
'Commission') in the exercise" for "the Commission in the
exercise".
Subsec. (b). Pub. L. 100-408, Sec. 16(e)(2), inserted "Amount and
type of financial protection for licensees" as heading.
Subsec. (b)(1). Pub. L. 100-408, Sec. 2(a)-(c)(3), inserted par.
(1) designation, inserted "primary" after "The amount of", "the
amount of", "Such", and "of such", redesignated cls. (1) to (3) as
(A) to (C), inserted "(excluding the amount of private liability
insurance available under the industry retrospective rating plan
required in this subsection)", substituted "The Commission shall
require licensees that are required to have and maintain primary
financial protection equal to the maximum amount of liability
insurance available from private sources to maintain, in addition
to such primary financial protection," for "In prescribing such
terms and conditions for licensees required to have and maintain
financial protection equal to the maximum amount of liability
insurance available from private sources, the Commission shall, by
rule initially prescribed not later than twelve months from
December 31, 1975, include, in determining such maximum amount",
substituted "That the maximum amount of the standard deferred
premium that may be charged a licensee following any nuclear
incident under such a plan shall not be more than $63,000,000
(subject to adjustment for inflation under subsection (t) of this
section), but not more than $10,000,000 in any 1 year, for each
facility for which such licensee is required to maintain the
maximum amount of primary financial protection" for "That the
standard deferred premium which may be charged following any
nuclear incident under such a plan shall be not less than
$2,000,000 nor more than $5,000,000 for each facility required to
maintain the maximum amount of financial protection", inserted
"(excluding legal costs subject to subsection (o)(1)(D) of this
section, payment of which has not been authorized under such
subsection)", and struck out "The Commission is authorized to
establish a maximum amount which the aggregate deferred premiums
charged for each facility within one calendar year may not exceed.
The Commission may establish amounts less than the standard premium
for individual facilities taking into account such factors as the
facility's size, location, and other factors pertaining to the
hazard."
Subsec. (b)(2). Pub. L. 100-408, Sec. 2(c)(4), added par. (2).
Subsec. (b)(3). Pub. L. 100-408, Sec. 2(d)(1), inserted par. (3)
designation.
Subsec. (b)(4). Pub. L. 100-408, Sec. 2(d)(2), added par. (4).
Subsec. (c). Pub. L. 100-408, Sec. 16(e)(3), inserted
"Indemnification of licenses by Nuclear Regulatory Commission" as
heading.
Pub. L. 100-408, Sec. 3, substituted "August 1, 2002" for "August
1, 1987" wherever appearing.
Subsec. (d). Pub. L. 100-408, Sec. 4(a), inserted
"Indemnification of contractors by Department of Energy" as heading
and completely revised and expanded subsec. (d), changing its
structure from a single unnumbered subsection to one consisting of
seven numbered paragraphs.
Subsec. (e). Pub. L. 100-408, Sec. 6, inserted "Limitation on
aggregate public liability" as heading and completely revised and
expanded subsec. (e), changing its structure from a single
unnumbered subsection to one consisting of four numbered
paragraphs.
Subsec. (f). Pub. L. 100-408, Sec. 16(e)(4), inserted "Collection
of fees by Nuclear Regulatory Commission" as heading.
Pub. L. 100-408, Sec. 16(b)(3), inserted "or the Secretary, as
appropriate," in two places.
Subsec. (g). Pub. L. 100-408, Sec. 16(e)(5), inserted "Use of
services of private insurers" as heading.
Pub. L. 100-408, Sec. 16(c)(1), substituted "section 3709 of the
Revised Statutes (41 U.S.C. 5)" for "section 3709 of the Revised
Statutes", which for purposes of codification was translated as
"section 5 of title 41", thus requiring no change in text.
Pub. L. 100-408, Sec. 16(b)(4), inserted "or the Secretary, as
appropriate," after "Commission", wherever appearing.
Subsec. (h). Pub. L. 100-408, Sec. 16(e)(6), inserted "Conditions
of agreements of indemnification" as heading.
Pub. L. 100-408, Sec. 16(b)(4), inserted "or the Secretary, as
appropriate," after "Commission", wherever appearing.
Subsec. (i). Pub. L. 100-408, Sec. 7(a), inserted "Compensation
plans" as heading and completely revised and expanded subsec. (i),
changing its structure from a single unnumbered subsection to one
consisting of six numbered paragraphs.
Subsec. (j). Pub. L. 100-408, Sec. 16(e)(7), inserted "Contracts
in advance of appropriations" as heading.
Pub. L. 100-408, Sec. 16(c)(2), substituted "sections 1341, 1342,
1349, 1350, and 1351, and subchapter II of chapter 15, of title 31"
for "section 3679 of the Revised Statutes, as amended".
Pub. L. 100-408, Sec. 16(b)(4), inserted "or the Secretary, as
appropriate,".
Subsec. (k). Pub. L. 100-408, Sec. 16(e)(8), inserted "Exemption
from financial protection requirement for nonprofit educational
institutions" as heading.
Pub. L. 100-408, Sec. 16(d)(5), in introductory provisions
substituted "subsection a" for "subsection 170a", which for
purposes of codification was translated as "subsection (a) of this
section", thus requiring no change in text.
Pub. L. 100-408, Sec. 8(1), substituted "August 1, 2002" for
"August 1, 1987", wherever appearing in introductory and closing
provisions.
Subsec. (k)(1). Pub. L. 100-408, Sec. 8(2), substituted
"including such legal costs of the licensee as are approved by the
Commission" for "excluding cost of investigating and settling
claims and defending suits for damage".
Subsec. (l). Pub. L. 100-408, Sec. 9, inserted "Presidential
commission on catastrophic nuclear accidents" as heading and
completely revised and expanded subsec. (l), changing its structure
from a single unnumbered subsection to one consisting of six
numbered paragraphs.
Subsec. (m). Pub. L. 100-408, Sec. 16(e)(9), inserted
"Coordinated procedures for prompt settlement of claims and
emergency assistance" as heading.
Pub. L. 100-408, Sec. 16(b)(4), inserted "or the Secretary, as
appropriate," after "Commission" wherever appearing.
Subsec. (n). Pub. L. 100-408, Sec. 16(e)(10), inserted "Waiver of
defenses and judicial procedures" as heading.
Subsec. (n)(1). Pub. L. 100-408, Secs. 10, 16(b)(5)(A), (d)(6),
redesignated existing subpars. (a), (b), and (c) as (A), (B), and
(C), respectively, added subpars. (D), (E), and (F), substituted "a
Department of Energy contractor" for "a Commission contractor" in
subpar. (C), and, in closing provisions inserted ", or the
Secretary, as appropriate," after "the Commission", struck out ",
but in no event more than twenty years after the date of the
nuclear incident" after "and the cause thereof", and substituted
"subsection e" for "subsection 170e", which for purposes of
codification was translated as "subsection (e) of this section",
requiring no change in text.
Subsec. (n)(2). Pub. L. 100-408, Sec. 16(b)(5)(B), inserted "or
the Secretary, as appropriate" after "Commission".
Pub. L. 100-408, Sec. 11(a), substituted "a nuclear incident" for
"an extraordinary nuclear occurrence" in two places and "the
nuclear incident" for "the extraordinary nuclear occurrence", and
inserted "(including any such action pending on August 20, 1988)",
and "In any action that is or becomes removable pursuant to this
paragraph, a petition for removal shall be filed within the period
provided in section 1446 of title 28 or within the 30-day period
beginning on August 20, 1988, whichever occurs later."
Subsec. (n)(3). Pub. L. 100-408, Sec. 11(c), added par. (3).
Subsec. (o). Pub. L. 100-408, Sec. 11(d)(1), inserted "Plan for
distribution of funds" as heading, designated existing provisions
as par. (1), redesignated former pars. (1) to (3) as subpars. (A)
to (C), respectively, and added subpars. (D) and (E) and par. (2).
Subsec. (o)(1). Pub. L. 100-408, Sec. 7(b)(1), substituted "the
applicable limit of liability under subparagraph (A), (B), or (C)
of subsection (e)(1) of this section" for "subsection (e) of this
section" in introductory provisions.
Subsec. (o)(1)(B). Pub. L. 100-408, Sec. 16(d)(7), substituted
"subparagraph (C)" for "subparagraph (3) of this subsection (o)".
Subsec. (o)(1)(C). Pub. L. 100-408, Sec. 16(b)(6), inserted "or
the Secretary, as appropriate," after first reference to
"Commission" and "or the Secretary as appropriate" after second
reference to "Commission".
Subsec. (o)(4). Pub. L. 100-408, Sec. 7(b)(2), struck out par.
(4) which read as follows: "The Commission shall, within ninety
days after a court shall have made such determination, deliver to
the Joint Committee a supplement to the report prepared in
accordance with subsection (i) of this section setting forth the
estimated requirements for full compensation and relief of all
claimants, and recommendations as to the relief to be provided."
Subsec. (p). Pub. L. 100-408, Sec. 16(e)(11), inserted "Reports
to Congress" as heading.
Pub. L. 100-408, Sec. 12, designated existing provisions as par.
(1), substituted "and the Secretary shall submit to the Congress by
August 1, 1998, detailed reports" for "shall submit to the Congress
by August 1, 1983, a detailed report", and added par. (2).
Subsec. (q). Pub. L. 100-408, Sec. 5(c), added subsec. (q).
Subsec. (r). Pub. L. 100-408, Sec. 13, added subsec. (r).
Subsec. (s). Pub. L. 100-408, Sec. 14, added subsec. (s).
Subsec. (t). Pub. L. 100-408, Sec. 15, added subsec. (t).
1975 - Subsec. (a). Pub. L. 94-197, Sec. 2, inserted provision
relating to the public purposes cited in section 2012(i) of this
title and "in the exercise of its licensing and regulatory
authority and responsibility" after "as the Commission", and
substituted "required, it may" for "required, it shall".
Subsec. (b). Pub. L. 94-197, Sec. 3, inserted requirement that
for facilities having a rated capacity of 100,000 electrical
kilowatts or more, the amount of financial protection required
shall be at a reasonable cost and on reasonable terms, and
requirement that financial protection be subject to such terms and
conditions as the Commission, by rule, regulation or order
prescribes, and established premium and funding standards and
procedures for prescribing terms and conditions for licensees
required to have and maintain financial protection equal to the
maximum amount of liability insurance available from private
sources. Notwithstanding the directory language that amendment be
made to section 107 b. of the Atomic Energy Act of 1954, as
amended, the amendment was executed to section 170 b. of the Atomic
Energy Act of 1954, as amended, (subsec. (b) of this section) as
the probable intent of Congress.
Subsec. (c). Pub. L. 94-197, Sec. 4, substituted "and August 1,
1987, for which it requires financial protection of less than
$560,000,000," for "and August 1, 1977, for which it requires
financial protection,", "excluding" for "including the reasonable",
and "August 1, 1987" for "August 1, 1977" in text relating to any
production or utilization facility.
Subsec. (d). Pub. L. 94-197, Sec. 5, substituted "until August 1,
1987," for "until August 1, 1977," and "excluding" for "including
the reasonable".
Subsec. (e). Pub. L. 94-197, Sec. 6, designated existing
provisions as cl. (1), added cl. (2), substituted proviso relating
to Congressional review and action for proviso relating to
aggregate liability exceeding the sum of $560,000,000, and
substituted "And provided further" for "Provided further".
Subsec. (f). Pub. L. 94-197, Sec. 7, inserted proviso which
authorized Commission to reduce the indemnity fee for persons with
whom indemnification agreements have been executed in reasonable
relation to increases in financial protection above a level of
$60,000,000.
Subsec. (h). Pub. L. 94-197, Sec. 8, substituted "shall not
include" for "may include reasonable".
Subsec. (i). Pub. L. 94-197, Sec. 9, inserted "or which will
probably result in public liability claims in excess of
$560,000,000," after "this section", and requirement that
Commission report extent of damage caused from a nuclear incident
to the Congressmen of the affected districts and the Senators of
the affected state and substituted provision relating to
information concerning the national defense, for provisions
relating to applicability of prohibition of sections 2161 to 2166
of this title, other laws or Executive order.
Subsec. (k). Pub. L. 94-197, Sec. 10, substituted "August 1,
1987" for "August 1, 1977" wherever appearing and substituted
"excluding" for "including the reasonable" in par. (1).
Subsec. (l). Pub. L. 94-197, Sec. 11, substituted "excluding" for
"including the reasonable".
Subsec. (n)(1)(iii). Pub. L. 94-197, Sec. 12, substituted "twenty
years" for "ten years".
Subsec. (o)(3), (4). Pub. L. 94-197, Sec. 13, in par. (3)
inserted provisions authorizing the establishment, in any plan for
disposition of claims, of priorities between classes of claims and
claimants to extent necessary to ensure the most equitable
allocation of available funds, and added par. (4).
Subsec. (p). Pub. L. 94-197, Sec. 14, added subsec. (p).
1966 - Subsec. (e). Pub. L. 89-645, Sec. 2, struck out last
sentence which authorized application by the Commission or any
indemnified person to district court of the United States having
venue in bankruptcy over location of nuclear incident and to United
States District Court for the District of Columbia in cases of
nuclear incidents occurring outside the United States, and upon a
showing that public liability from a single nuclear incident will
probably exceed the limit of imposable liability, entitled the
applicant to orders for enforcement of this section, including
limitation of liability of indemnified persons, staying payment of
claims and execution of court judgments, apportioning payments to
claimants, permitting partial payments before final determination
of total claims, and setting aside part of funds for possible
injuries not discovered until later time, now incorporated in
subsec. (o) of this section.
Subsecs. (m) to (o). Pub. L. 89-645, Sec. 3, added subsecs. (m)
to (o).
1965 - Subsec. (c). Pub. L. 89-210, Sec. 1, substituted "August
1, 1977" for "August 1, 1967" wherever appearing, and inserted
proviso requiring the amount of indemnity to be reduced by the
amount that the financial protection required shall exceed
$60,000,000.
Subsec. (d). Pub. L. 89-210, Sec. 2, substituted "August 1, 1977"
for "August 1, 1967," and inserted proviso requiring the amount of
indemnity to be reduced by the amount that the financial protection
required shall exceed $60,000,000.
Subsec. (e). Pub. L. 89-210, Sec. 3, inserted proviso prohibiting
the aggregate liability to exceed the sum of $560,000,000.
Subsec. (k). Pub. L. 89-210, Sec. 4, substituted "August 1, 1977"
for "August 1, 1967" wherever appearing.
Subsec. (l). Pub. L. 89-210, Sec. 5, substituted "August 1, 1977"
for "August 1, 1967" and "in the amount of $500,000,000" for "in
the maximum amount provided by subsection (e) of this section",
inserted "in the aggregate for all persons indemnified in
connection with each nuclear incident", and inserted proviso
requiring the amount of indemnity to be reduced by the amount that
the financial protection required shall exceed $60,000,000.
1964 - Subsec. (c). Pub. L. 88-394, Sec. 2, provided that with
respect to any facility for which a permit is issued between Aug.
30, 1954, and Aug. 1, 1967, the requirements of the subsection
shall apply to any license issued subsequent to Aug. 1, 1967.
Subsec. (k). Pub. L. 88-394, Sec. 3, provided that with respect
to any facility for which a permit is issued between Aug. 30, 1954,
and Aug. 1, 1967, the requirements of the subsection shall apply to
any license issued subsequent to Aug. 1, 1967.
1962 - Subsec. (d). Pub. L. 87-615, Sec. 6, limited the amount of
indemnity provided by the Commission for nuclear incidents
occurring outside the United States to $100,000,000.
Subsec. (e). Pub. L. 87-615, Sec. 7, inserted proviso limiting
the aggregate liability in cases of nuclear incidents occurring
outside the United States to which an indemnification agreement
entered into under subsec. (d) of this section is applicable, to
$100,000,000, and substituted "occurring outside the United States,
the Commission or any person indemnified may apply to the United
States District Court for the District of Columbia" for "caused by
ships of the United States outside of the United States, the
Commission or any person indemnified may apply to the appropriate
district court of the United States having venue in bankruptcy
matters over the location of the principal place of business of the
shipping company owning or operating the ship".
1961 - Subsec. (d). Pub. L. 87-206 inserted provision for
liability of contractor to extent of indemnification under this
section free of defense of sovereign immunity.
1958 - Subsec. (e). Pub. L. 85-602, Sec. 2[3], gave the district
court that has venue in bankruptcy matters over the location of the
principal place of business of the shipping company owning or
operating the ship, jurisdiction in cases of nuclear incidents
caused by ships of the United States outside of the United States.
Subsec. (k). Pub. L. 85-744 added subsec. (k).
Subsec. (l). Pub. L. 85-602, Sec. 2, added subsec. (l).
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-58, title VI, Sec. 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 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 sections 313(1), 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, Sec. 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 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, Sec. 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, Sec. 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, Sec. 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, Secs. 3139, 3140, Nov. 5, 1990, 104
Stat. 1835, 1837; Pub. L. 102-486, title XXX, Sec. 3018, Oct. 24,
1992, 106 Stat. 3131; Pub. L. 106-245, Sec. 3(a)-(e)(1), (f)-(h),
July 10, 2000, 114 Stat. 502-508; Pub. L. 107-107, div. A, title X,
Sec. 1063, Dec. 28, 2001, 115 Stat. 1232; Pub. L. 107-273, div. C,
title I, Sec. 11007(a), Nov. 2, 2002, 116 Stat. 1817; Pub. L. 108-
271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108-375, div.
C, title XXXI, Sec. 3165(b), Oct. 28, 2004, 118 Stat. 2187; Pub. L.
108-447, div. B, title I, Sec. 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:
"(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 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 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*10(!5)) million electron volts of alpha energy per liter
of air;
"(3) the term 'nonmalignant respiratory disease' means fibrosis
of the lung, pulmonary fibrosis, 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. -
"(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.
"(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 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) 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.
"(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').
"(2) Final determination. - A final determination with respect
to whether radiopharmaceutical licensees, or any class of such
licensees, shall be indemnified pursuant to section 170 of the
Atomic Energy Act of 1954 (42 U.S.C. 2210) and if so, the terms
and conditions of such indemnification, shall be rendered by the
Commission within 18 months of the date of the enactment of this
Act [Aug. 20, 1988].
"(b) Negotiated Rulemaking. -
"(1) Administrative conference guidelines. - For the purpose of
making the determination required under subsection (a), the
Commission shall, to the extent consistent with the provisions of
this Act [see Short Title of 1988 Amendment note set out under
section 2011 of this title], conduct a negotiated rulemaking in
accordance with the guidance provided by the Administrative
Conference of the United States in Recommendation 82-4,
'Procedures for Negotiating Proposed Regulations' (42 Fed. Reg.
30708, July 15, 1982).
"(2) Designation of convener. - Within 30 days of the date of
the enactment of this Act [Aug. 20, 1988], the Commission shall
designate an individual or individuals recommended by the
Administrative Conference of the United States to serve as a
convener for such negotiations.
"(3) Submission of recommendations of the convener. - The
convener shall, not later than 7 months after the date of the
enactment of this Act, submit to the Commission recommendations
for a proposed rule regarding whether the Commission should enter
into indemnity agreements under section 170 of the Atomic Energy
Act of 1954 (42 U.S.C. 2210) with radiopharmaceutical licensees
and, if so, the terms and conditions of such indemnification. If
the convener recommends that such indemnity be provided for
radiopharmaceutical licensees, the proposed rule submitted by the
convener shall set forth the procedures for the execution of
indemnification agreements with radiopharmaceutical licensees.
"(4) Publication of recommendations and proposed rule. - If the
convener recommends that such indemnity be provided for
radiopharmaceutical licensees, the Commission shall publish the
recommendations of the convener submitted under paragraph (3) as
a notice of proposed rulemaking within 30 days of the submission
of such recommendations under such paragraph.
"(5) Administrative procedures. - To the extent consistent with
the provisions of this Act, the Commission shall conduct the
proceeding required under subsection (a) in accordance with
section 553 of title 5, United States Code."
EXECUTIVE ORDER NO. 12658
Ex. Ord. No. 12658, Nov. 18, 1988, 53 F.R. 47517, as amended by
Ex. Ord. No. 12665, Jan. 12, 1989, 54 F.R. 1919, which established
President's Commission on Catastrophic Nuclear Accidents, was
revoked by Ex. Ord. No. 12774, Sec. 3(c), Sept. 27, 1991, 56 F.R.
49836, set out as a note under section 14 of the Federal Advisory
Committee Act in the Appendix to Title 5, Government Organization
and Employees.
EXECUTIVE ORDER NO. 12891
Ex. Ord. No. 12891, Jan. 15, 1994, 59 F.R. 2935, which
established the Advisory Committee on Human Radiation Experiments,
was revoked by Ex. Ord. No. 13062, Sec. 3(a), Sept. 29, 1997, 62
F.R. 51756, formerly set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to Title 5,
Government Organization and Employees.
(!1) So in original. Probably should be "Commission,".
(!2) So in original. Probably should be paragraph "(6)".

(!3) So in original. The period probably should be a comma.