459 
U.S.C. 2210) shall be used to cover the contingent 
cost resulting from any Price-Anderson incident. 
(2) EFFECT.—The use of funds pursuant to 
paragraph (1) shall not reduce the limitation on 
public liability established under section 170 e. of 
the Atomic Energy Act of 1954 (42 U.S.C. 
2210(e)). 
(d) EFFECT ON AMOUNT OF PUBLIC LIABILITY.— 
(1) IN GENERAL.—Funds made available to the 
United States under Article VII of the Convention 
with respect to a Price-Anderson incident shall be 
used to satisfy public liability resulting from the 
Price-Anderson incident. 
(2) AMOUNT.—The amount of public liability 
allowable under section 170 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2210) relating to a Price- 
Anderson incident under paragraph (1) shall be in-
creased by an amount equal to the difference be-
tween— 
(A) the amount of funds made available 
for the Price-Anderson incident under Article 
VII of the Convention; and 
(B) the amount of funds used under sub-
section (c) to cover the contingent cost resulting 
from the Price-Anderson incident. 
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460 
(e) RETROSPECTIVE RISK POOLING PROGRAM.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), each nuclear supplier shall participate in 
a retrospective risk pooling program in accordance 
with this section to cover the contingent cost result-
ing from a covered incident outside the United 
States that is not a Price-Anderson incident. 
(2) DEFERRED PAYMENT.— 
(A) IN GENERAL.—The obligation of a nu-
clear supplier to participate in the retrospective 
risk pooling program shall be deferred until the 
United States is called on to provide funds pur-
suant to Article VII of the Convention with re-
spect to a covered incident that is not a Price- 
Anderson incident. 
(B) AMOUNT OF DEFERRED PAYMENT.— 
The amount of a deferred payment of a nuclear 
supplier under subparagraph (A) shall be based 
on the risk-informed assessment formula deter-
mined under subparagraph (C). 
(C) RISK-INFORMED
ASSESSMENT
FOR-
MULA.— 
(i) IN GENERAL.—Not later than 3 
years after the date of enactment of this 
Act, and every 5 years thereafter, the Sec-
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461 
retary shall, by regulation, determine the 
risk-informed assessment formula for the 
allocation among nuclear suppliers of the 
contingent cost resulting from a covered 
incident that is not a Price-Anderson inci-
dent, taking into account risk factors such 
as— 
(I) the nature and intended pur-
pose of the goods and services sup-
plied by each nuclear supplier to each 
covered installation outside the United 
States; 
(II) the quantity of the goods 
and services supplied by each nuclear 
supplier to each covered installation 
outside the United States; 
(III) the hazards associated with 
the supplied goods and services if the 
goods and services fail to achieve the 
intended purposes; 
(IV) the hazards associated with 
the covered installation outside the 
United States to which the goods and 
services are supplied; 
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