453 
tially open-ended liability with a predictable li-
ability regime that, in effect, provides nuclear 
suppliers with insurance for damage arising out 
of such an incident; 
(E) the Convention also benefits United 
States nuclear facility operators that may be 
publicly liable for a Price-Anderson incident by 
providing an additional early source for a Price- 
Anderson incident by providing an additional 
early source of funds to compensate damage 
arising out of the Price-Anderson incident; 
(F) the combined operation of the Conven-
tion, section 170 of the Atomic Energy Act of 
1954 (42 U.S.C. 2210), and this section will 
augment the quantity of assured funds available 
for victims in a wider variety of nuclear inci-
dents while reducing the potential liability of 
United States suppliers without increasing po-
tential costs to United States operators; 
(G) the cost of those benefits is the obliga-
tion of the United States to contribute to the 
supplementary compensation fund established 
by the Convention; 
(H) any such contribution should be fund-
ed in a manner that neither upsets settled ex-
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454 
pectations based on the liability regime estab-
lished under section 170 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2210) nor shifts to 
Federal taxpayers liability risks for nuclear in-
cidents at foreign installations; 
(I) with respect to a Price-Anderson inci-
dent, funds already available under section 170 
of the Atomic Energy Act of 1954 (42 U.S.C. 
2210) should be used; and 
(J) with respect to a nuclear incident out-
side the United States not covered by section 
170 of the Atomic Energy Act of 1954 (42 
U.S.C. 2210), a retrospective premium should 
be prorated among nuclear suppliers relieved 
from potential liability for which insurance is 
not available. 
(2) PURPOSE.—The purpose of this section is 
to allocate the contingent costs associated with par-
ticipation by the United States in the international 
nuclear liability compensation system established by 
the Convention on Supplementary Compensation for 
Nuclear Damage, done at Vienna on September 12, 
1997— 
(A) with respect to a Price-Anderson inci-
dent, by using funds made available under sec-
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455 
tion 170 of the Atomic Energy Act of 1954 (42 
U.S.C. 2210) to cover the contingent costs in a 
manner that neither increases the burdens nor 
decreases the benefits under section 170 of that 
Act; and 
(B) with respect to a covered incident out-
side the United States that is not a Price-An-
derson incident, by allocating the contingent 
costs equitably, on the basis of risk, among the 
class of nuclear suppliers relieved by the Con-
vention from the risk of potential liability re-
sulting from any covered incident outside the 
United States. 
(b) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Nuclear Regulatory Commission. 
(2) CONTINGENT COST.—The term ‘‘contingent 
cost’’ means the cost to the United States in the 
event of a covered incident the amount of which is 
equal to the amount of funds the United States is 
obligated to make available under paragraph 1(b) of 
Article III of the Convention. 
(3) CONVENTION.—The term ‘‘Convention’’ 
means the Convention on Supplementary Compensa-
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tion for Nuclear Damage, done at Vienna on Sep-
tember 12, 1997. 
(4) COVERED INCIDENT.—The term ‘‘covered 
incident’’ means a nuclear incident the occurrence of 
which results in a request for funds pursuant to Ar-
ticle VII of the Convention. 
(5) COVERED INSTALLATION.—The term ‘‘cov-
ered installation’’ means a nuclear installation at 
which the occurrence of a nuclear incident could re-
sult in a request for funds under Article VII of the 
Convention. 
(6) COVERED PERSON.— 
(A) IN GENERAL.—The term ‘‘covered per-
son’’ means— 
(i) a United States person; and 
(ii) an individual or entity (including 
an agency or instrumentality of a foreign 
country) that— 
(I) is located in the United 
States; or 
(II) carries out an activity in the 
United States. 
(B) EXCLUSIONS.—The term ‘‘covered per-
son’’ does not include— 
(i) the United States; or 
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