Price-Anderson Amendments Act of 1988
PL 100-408 (H.R.1414), enacted 08/20/1988

102 STAT. 1066 
PUBLIC LAW 100-408—AUG. 20, 1988 
Public Law 100-408 
100th Congress 
An Act 
Aug. 20, 1988 
To amend the Price-Anderson provisions of the Atomic Energy Act of 1954 to extend 
[H.R. 1414] 
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* improve the procedures for liability and indemnification for nuclear incidents. 
Be it enacted by the Senate and House of Representatives of the 
Price-Anderson 
United States of America in Congress assembled, 
I S ^ ' S r 
SECTION I. SHORT TITLE. 
42 use 2011 
This Act may be cited as the "Price-Anderson Amendments Act of 
^ote. 
1988". 
SEC. 2. FINANCIAL PROTECTION. 
(a) PRIMARY FINANCIAL PROTECTION AMOUNT REQUIRED FOR LARGE 
ELECTRICAL GENERATING FACIUTIES.—Section 170 b. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2210(b)) is amended— 
(1) by inserting "primary" before "financial protection" the 
first, second, third, and sixth places it appears; 
(2) by inserting before the period at the end of the proviso in 
the first sentence the following; "(excluding the amount of 
private liability insurance available under the industry retro-
spective rating plan required in this subsection)"; and 
(3) by striking in the third sentence all that precedes "private 
liability insurance" and inserting the following: "The Commis-
sion 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,". 
(b) STANDARD DEFERRED PREMIUM AMOUNT.—Section 170 b. of the 
Atomic Energy Act of 1954 (42 U.S.C. 22100))) is amended— 
(1) in the second proviso of the third sentence by striking 
"That" and all that follows through "protection" and inserting 
the following: "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 subsec-
tion 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"; and 
(2) in the third proviso of the third sentence, by adding after 
"and costs" the following: "(excluding legal costs subject to 
subsection o. dXD), pavment of which has not been authorized 
under such subsection)'. 
(c) LESSER ANNUAL DEFERRED PREMIUM AMOUNTS.—Section 170 b. 
of the Atomic Energy Act of 1954 (42 U.S.C. 2210(b)) is amended— 
(1) by inserting "(1)" after the subsection designation; 
(2) in the first sentence, by redesignating clauses (1) through 
(3) as clauses (A) through (C), respectively; 
(3) by striking the fifth and sixth sentences; and 
(4) by adding at the end of the fourth sentence the following 
new paragraph: 
PUBLIC LAW 100-408—AUG. 20, 1988 
102 STAT. 1067 
"(2)(A) The Commission may, on a case by case basis, assess 
annual deferred premium amounts less than the standard annual 
deferred premium amount assessed under paragraph (1)— 
"(i) for any facility, if more than one nuclear incident occurs 
in any one calendar year; or 
"(ii) for any licensee licensed to operate more than one facil-
ity, if the Commission determines that the financial impact of 
assessing the standard annual deferred premium amount under 
paragraph (1) would result in undue financial hardship to such 
licensee or the ratepayers of such licensee. 
"(B) In the event that the Commission assesses a lesser annual 
deferred premium amount under subparagraph (A), the Commission 
shall require payment of the difference between the standard 
annual deferred premium assessment under paragraph (1) and any 
such lesser annual deferred premium assessment within a reason-
able period of time, with interest at a rate determined by the 
Secretary of the Treasury on the basis of the current average 
market yield on outstanding marketable obligations of the United 
States of comparable maturities during the month preceding the 
date that the standard annual deferred premium assessment under 
paragraph (1) would become due.". 
(d) BORROWING AUTHORITY.—Section 170 b. of the Atomic Energy 
Act of 1954 (42 U.S.C. 2210(b)) is amended— 
(1) by inserting "(3)" before the penultimate sentence and 
redesignating the penultimate and last sentences as a para-
graph (3); and 
(2) by adding at the end the following new paragraph: 
"(4XA) In the event that the funds available to pay valid claims in Claims. 
any year are insufficient as a result of the limitation on the amount 
of deferred premiums that may be required of a licensee in any year 
under paragraph (1) or (2), or the Commission is required to make 
reinsurance or guaranteed payments under paragraph (3), the 
Commission shall, in order to advance the necessary funds— 
"(i) request the Congress to appropriate sufficient funds to 
satisfy such payments; or 
"(ii) to the extent approved in appropriation Acts, issue to the 
Secretary of the Treasury obligations in such forms and denomi-
nations, bearing such maturities, and subject to such terms and 
conditions as may be agreed to by the Commission and the 
Secretary of the Treeisury. 
-^ 
"(B) Except for funds appropriated for purposes of making re-
insurance or guaranteed payments under paragraph (3), any funds 
appropriated under subparagraph (AXi) shall be repaid to the gen-
eral fund of the United States Treasury from amounts made avail-
able by standard deferred premium assessments, with interest at a 
rate determined by the Secretary of the Treasury on the basis of the 
current average market yield on outstanding marketable obligations 
of the United States of comparable maturities during the month 
preceding the date that the funds appropriated under such subpara-
graph are made available. 
"(C) Except for funds appropriated for purposes of making reinsur-
ance or guaranteed payments under paragraph (3), redemption of 
obligations issued under subparagraph (AXii) shall be made by the 
Commission from amounts made available by standard deferred 
premium assessments. Such obligations shall bear interest at a rate 
determined by the Secretary of the Treasury by taking into consid-
eration the average market yield on outstanding marketable obliga-
102 STAT. 1068 
PUBLIC LAW 100-408—AUG. 20, 1988 
tions to the United States of comparable maturities during the 
month preceding the issuance of the obligations under this para-
Securities, 
graph. The Secretary of the Treasury shall purchase any issued 
obligations, and for such purpose the Secretary of the Treasury may 
use as a public debt transaction the proceeds from the sale of any 
securities issued under chapter 31 of title 31, United States Code, 
and the purposes for which securities may be issued under such 
chapter are extended to include any purchase of such obligations. 
The Secretary of the Treasury may at any time sell any of the 
obligations acquired by the Secretary of the Treasury under this 
paragraph. All redemptions, purchases, and sales by the Secretary 
of the Treasury of obligations under this paragraph shall be treated 
as public debt transactions of the United States.". 
SEC. 3. INDEMNIFICATION AGREEMENTS FOR LICENSEES OF NUCLEAR 
REGULATORY COMMISSION. 
Section 170 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(c)) 
is amended by striking "August 1, 1987" each place it appears and 
inserting "August 1, 2002". 
SEC. 4. INDEMNIFICATION AGREEMENTS FOR ACTIVITIES UNDERTAKEN 
UNDER CONTRACT WITH DEPARTMENT OF ENERGY. 
(a) IN GENERAL.—Section 170 d. of the Atomic Energy Act of 1954 
(42 U.S.C. 2210(d)) is amended to read as follows: 
"d. 
INDEMNIFICATION 
OF 
CONTRACTORS 
BY 
DEPARTMENT 
OF 
ENERGY.—(IXA) In addition to any other authority the Secretary of 
Energy (in this section referred to as the 'Secretary') may have, the 
Secretary shall, until August 1, 2002, enter into agreements of 
indemnification under this subsection with any person who may 
conduct activities under a contract with the Department of Energy 
that involve the risk of public liability and that are not subject to 
financial protection requirements under subsection b. or agreements 
of indemnification under subsection c. or k. 
"(B)(iXI) Beginning 60 days after the date of enactment of the 
Price-Anderson Amendments Act of 1988, agreements of indem-
nification under subparagraph (A) shall be the exclusive means of 
indemnification for public liability arising from activities described 
in such subparagraph, including activities conducted under a 
contract that contains an indemnification clause under Public Law 
85-804 entered into between August 1, 1987, and the date of enact-
ment of the Price-Anderson Amendments Act of 1988. 
"(II) The Secretary may incorporate in agreements of indemnifica-
tion under subparagraph (A) the provisions relating to the waiver of 
any issue or defense as to charitable or governmental immunity 
authorized in subsection n. (1) to be incorporated in agreements of 
indemnification. Any such provisions incorporated under this 
subclause shall apply to any nuclear incident arising out of nuclear 
waste activities subject to an agreement of indemnification under 
subparagraph (A). 
"(ii) Public liability arising out of nuclear waste activities subject 
to an agreement of indemnification under subparagraph (A) that are 
funded by the Nuclear Waste Fund established in section 302 of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) shall be com-
pensated from the Nuclear Waste Fund in an amount not to exceed 
the maximum amount of flnancisd protection required of licensees 
under subsection b. 
PUBLIC LAW 100-408—AUG. 20, 1988 
102 STAT. 1069 
"(2) In agreements of indemnification entered into under para- 
Claims. 
graph (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 contrac-
tor as are approved by the Secretary. 
"(3)(A) Notwithstanding paragraph (2), if the maximum amount of 
financial protection required of licensees under subsection b. 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. 
"(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 Depart-
ment of Energy (or its predecessor agencies) may be required to 
indemnify any person, shall be deemed to be amended, on the date 
of the enactment of the Price-Anderson Amendments Act of 1988, to 
reflect the amount of indemnity for public liability and any ap-
plicable financial protection required of the contractor under this 
subsection on such date. 
"(4) Financial protection under paragraph (2) and indemnification 
under paragraph (1) shall be the exclusive means of financial protec-
tion and indemnification under this section for any Department of 
Energy demonstration reactor licensed by the Commission under 
section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 
5842). 
"(5) In the case of nuclear incidents occurring outside the United 
States, the amount of the indemnity provided by the Secretary 
under this subsection shall not exceed $100,000,000. 
"(6) The provisions of this subsection may be applicable to lump 
sum as well as cost type contracts and to contracts and projects 
financed in whole or in part by the Secretary. 
"(7) A contractor with whom an agreement of indemnification has 
been executed under paragraph (1)(A) and who is engaged in activi-
ties connected with the underground detonation of a nuclear explo-
sive device shall be liable, to the extent so indemnified under this 
subsection, for injuries or damage sustained as a result of such 
detonation in the same manner and to the same extent as would a 
private person acting as principal, and no immunity or defense 
founded in the Federal, State, or municipal character of the contrac-
tor or of the work to be performed under the contract shall be 
effective to bar such liability.". 
(b) DEFINITIONS.—Section 11 of the Atomic Energy Act of 1954 
(42 U.S.C. 2014) is amended by adding at the end the following new 
subsections: 
"dd. The terms 'high-level radioactive waste' and 'spent nuclear 
fuel' have the meanings given such terms in section 2 of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10101). 
"ee. The term 'transuranic waste' means material contaminated 
with elements that have an atomic number greater than 92, includ-
19-194 O—91—Part 2 
3 : QL 3 
102 STAT. 1070 
PUBLIC LAW 100-408—AUG. 20, 1988 
ii^ neptunium, plutonium, americium, and curium, and that are in 
concentrations greater than 10 nanocuries per gram, or in such 
other concentrations as the Nuclear R^ulatory Commission may 
prescribe to protect the pubUc health and safety. 
"ff. The term 'nuclear waste activities', as used in section 170, 
means activities subject to an agreement of indemnification under 
subsection d. of such section, that the Secretary of Energy is au-
thorized to undertake, under this Act or any other law, involving 
the storage, handling, transportation, treatment, or disposal of, or 
research and development on, spent nuclear fuel, high-level radio-
active waste, or transuranic waste, including Ot)ut not limited to) 
activities authorized to be carried out under the Waste Isolation 
Pilot Project under section 213 of Public Law 96-164 (93 Stat. 
1265).". 
SEC. 
5
. 
PRECAUTIONARY 
EVACUATIONS. 
(a) COSTS INCURRED BY STATE GOVERNMENTS.—Section 11 w. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2014(w)) is amended by 
inserting after "nuclear incident" the first place it appears the 
following: "or precautionary evacuation (including all reasonable 
additional costs incurred by a State, or a political subdivision of a 
State, in the course of responding to a nuclear incident or a pre-
cautionary evacuation)". 
(b) DEFINITION.—Section 11 of the Atomic Energy Act of 1954 (42 
U.S.C. 2014), as previously amended by this Act, is further amended 
by adding at the end the following new subsection: 
"gg. The term 'precautionary evacuation' means an evacuation of 
the public within a specified area near a nuclear facility, or the 
transportation route in the case of an accident involving transpor-
tation of source material, special nuclear material, byproduct mate-
rial, high-level radioactive waste, spent nuclear fuel, or transuranic 
waste to or from a production or utilization facility, if the evacu-
ation is— 
"(1) the result of any event that is not classified as a nuclear 
incident but that poses imminent danger of bodily injury or 
property damage from the radiological properti^ of source 
material, special nuclear material, byproduct material, high-
level radioactive waste, spent nuclear fuel, or transuranic 
waste, and causes an evacuation; and 
"(2) initiated by an official of a State or a political subdivision 
of a State, who is authorized by State law to initiate such an 
evacuation and who reasonably determined that such an evacu-
ation was necessary to protect the public health and safety.". 
(c) LIMITATION.—Section 170 of the Atomic Energy Act of 1954 (42 
U.S.C. 2210) is amended by adding at the end the following new 
subsection: 
Courts, U.S. 
"q. LIMITATION ON AWARDING OF PRECAUTIONARY EVACUATION 
COSTS.—No court may award costs of a precautionary evacuation 
unless such costs constitute a public liability.". 
SEC 6. AGGREGATE PUBLIC LIABILITY FOR SINGLE NUCLEAR INCIDENT. 
Section 170 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(e)) 
is amended to read as follows: 
"e. LIMITATION ON AGGREGATE PUBUC LIABILITY.—(1) The aggre-
gate public liability for a single nuclear incident of persons indem-
nified, including such l^al costs as are authorized to be paid under 
subsection o. (IXD), shall not exceed— 
PUBLIC LAW 100-408—AUG. 20, 1988 
102 STAT. 1071 
"(A) in the case of facilities designed for producing substantial 
amounts of electricity and having a rated capacity of 100,000 
electrical kilowatts or more, the maximum amount of financial 
protection required of such facilities under subsection b. (plus 
any surcharge assessed under subsection o. (IXE)); 
'(B) in the case of contractors with whom the Secretary has Contracts. 
entered into an agreement of indemnification under subsection 
d., the maximum amount of financial protection required under 
subsection b. or the amount of indemnity and financial protec-
tion that may be required under paragraph (3) of subsection d., 
whichever amount is more; and 
"(C) in the case of all other licensees of the Commission 
required to maintain financial protection under this section— 
"(i) $500,000,000, together with the amount of financial 
protection required of the licensee; or 
"(ii) if the amount of financial protection required of the 
licensee exceeds $60,000,000, $560,000,000 or the amount of 
financial protection required of the licensee, whichever 
amount is more. 
"(2) In the event of a nuclear incident involving damages in excess Claims, 
of the amount of aggregate public liability under paragraph (1), the 
Congress will thoroughly review the particular incident in accord-
ance with the procedures set forth in section 170 i. and will in 
accordance with such procedures, take whatever action is deter-
mined to be necessary (including approval of appropriate compensa-
tion plans and appropriation of funds) to provide full and prompt 
compensation to the public for all public liability claims resulting 
from a disEister of such magnitude. 
"(3) No provision of paragraph (1) may be construed to preclude 
the Congress from enacting a revenue measure, applicable to li-
censees of the Commission required to maintain financial protection 
pursuant to subsection b., to fund any action undertaken pursuant 
to paragraph (2). 
"(4) With respect to any nuclear incident occurring outside of the Contracts. 
United States to which an agreement of indemnification entered 
into under the provisions of subsection d. is applicable, such aggre-
gate public liability shall not exceed the amount of $100,000,000, 
together with the amount of financial protection required of the 
contractor.". 
SEC. 7. COMPENSATION PLANS. 
(a) IN GENERAL.—Section 170 i. of the Atomic Energy Act of 1954 
(42 U.S.C. 2210(i)) is amended to read as follows: 
"i. COMPENSATION PLANS.—(1) After any nuclear incident involv-
ing damages that are likely to exceed the applicable amount of 
aggregate public liability under subparagraph (A), (B), or (C) of 
subsection e. (1), the Secretary or the Commisison, as appropriate, 
shall— 
"(A) make a survey of the causes and extent of damage; and 
"(B) expeditiously submit a report setting forth the results of Reports, 
such survey to the Congress, to the Representatives of the Defense and 
affected districts, to the Senators of the affected States, and national 
(except for information that will cause serious damage to the security. 
national defense of the United States) to the public, to the 
parties involved, and to the courts. 
"(2) Not later than 90 days after any determination by a court. President of U.S. 
pursuant to subsection o., that the public liability from a single 
102 STAT. 1072 
PUBLIC LAW 100-408—AUG. 20, 1988 
Claims. 
Claims. 
nuclear incident may exceed the applicable amount of aggregate 
public liability luider subparagraph (A), (B), or (C) of subsection e. (1) 
the President shall submit to the Congress— 
"(A) an estimate of the aggr^ate dollar value of personal 
injuries and property damage that arises from the nuclear 
incident and exceeds the amount of aggregate public liability 
under subsection e. (1); 
"(B) recommendations for additional sources of funds to pay 
claims exceeding the applicable amount of aggr^ate public 
liability under subparagraph (A), (B), or (C) of subsection e. (1), 
which recommendations shall consider a broad range of possible 
sources of funds (including possible revenue measures on the 
sector of the economy, or on any other class, to which such 
revenue measures might be applied); 
"(C) 1 or more compensation plans, that either individually or 
collectively shall provide for full and prompt compensation for 
all valid claims and contain a recommendation or recommenda-
tions as to the relief to be provided, including any recommenda-
tions that funds be allocated or set aside for the pa}ntnent of 
claims that may arise as a result of latent injuries that may not 
be discovered untO a later date; and 
"(D) any additional l^islative authorities necessary to imple-
ment such compensation plan or plans. 
"(3XA) Any compensation plan transmitted to the 0)ngress pursu-
ant to paragraph (2) shall bear an identification number and shall 
be transmitted to both Houses of 0>ngress on the same day and to 
each House while it is in session. 
"(B) The provisions of paragraphs (4) through (6) shall apply with 
respect to consideration in the Senate of any compensation plan 
transmitted to the Senate pursuant to paragraph (2). 
"(4) No such compensation plan may be considered approved for 
purposes of subsection 170 e. (2) unless between the date of transmit-
tal and the end of the first period of sixty calendar days of continu-
ous session of Congress after the date on which such action is 
transmitted to the Senate, the Senate passes a resolution described 
in paragraph 6 of this suteection. 
' (5) For the purpose of paragraph (4) of this subsection— 
"(A) continuity of session is broken only by an adjournment of 
Congress sine die; and 
"(B) the days on which either House is not in session because 
of an adjournment of more than three days to a day certain are 
excluded in the computation of the sixty-day calendar period. 
"(6XA) This paragraph is enacted— 
"(i) as an exercise of the rulemaking power of the Senate and 
as such it is deemed a part of the rules of the Senate, but 
applicable only with respect to the procedure to be followed in 
the Senate in the case of resolutions described by subparagraph 
(B) and it supersedes other rules only to the extent that it is 
inconsistent therewith; and 
"(ii) with full recognition of the constitutional right of the 
Senate to change the rules at any time, in the same manner and 
to the same extent as in the case of any other rule of the Senate. 
"(B) For purposes of this paragraph, the term 'resolution' means 
only a joint resolution of the Congress the matter after the resolving 
clause of which is as follows: 'That the 
approves 
the compensation plan numbered 
submitted to the 
Congress on 
, 19 .', the first blank space therein being 
PUBLIC LAW 100-408—AUG. 20, 1988 
102 STAT. 1073 
filled with the name,of the resolving House and the other blank 
spaces being appropriately filled; but does not include a resolution 
which specifies more than one compensation plan. 
"(C) A resolution once introduced with respect to a compensation 
plan shall immediately be referred to a committee (and all resolu-
tions with respect to the same compensation plan shall be referred 
to the same committee) by the President of the Senate. 
"(D)(i) If the committee of the Senate to which a resolution with 
respect to a compensation plan has been referred has not reported it 
at the end of twenty calendar days after its referral, it shall be in 
order to move either to discharge the committee from further 
consideration of such resolution or to discharge the committee from 
further consideration with respect to such compensation plan which 
has been referred to the committee. 
"(ii) A motion to discharge may be made only by an individual 
favoring the resolution, shall be highly privileged (except that it 
may not be made after the committee has reported a resolution with 
respect to the same compensation plan), and debate thereon shall be 
limited to not more than one hour, to be divided equally between 
those favoring and those opposing the resolution. An amendment to 
the motion shall not be in order, and it shall not be in order to move 
to reconsider the vote by which the motion was agreed to or dis-
agreed to. 
"(iii) If the motion to discharge is agreed to or disagreed to, the 
motion may not be renewed, nor may another motion to discharge 
the committee be made with respect to any other resolution with 
respect to the same compensation plan. 
"(E)(i) When the committee has reported, or has been discharged 
from further consideration of, a resolution, it shall be at any time 
thereafter in order (even though a previous motion to the same 
effect has been disagreed to) to move to proceed to the consideration 
of the resolution. The motion shall be highly privileged and shall not 
be debatable. An amendment to the motion shall not be in order, 
and it shall not be in order to move to reconsider the vote by which 
the motion was agreed to or disagreed to. 
"(ii) Debate on the resolution referred to in clause (i) of this 
subparagraph shall be limited to not more than ten hours, which 
shall be divided equally between those favoring and those opposing 
such resolution. A motion further to limit debate shall not be 
debatable. An amendment to, or motion to recommit, the resolution 
shall not be in order, and it shall not be in order to move to 
reconsider the vote by which such resolution was agreed to or 
disagreed to. 
"(FXi) Motions to postpone, made with respect to the discharge 
from committee, or the consideration of a resolution or motions to 
proceed to the consideration of other business, shall be decided 
without debate. 
"(ii) Appeals from the decision of the Chair relating to the applica-
tion of the rules of the Senate to the procedures relating to a 
resolution shall be decided without debate.". 
(b) CONFORMING AMENDMENT.—Section 170 o. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2210(o)) is amended— 
(1) in the matter preceding paragraph (1), by striking "subsec-
tion 170 e.:" and inserting "the applicable limit of liability 
under subparagraph (A), (B), or (C) of subsection e. (1):"; and 
(2) by striking paragraph (4). 
102 STAT. 1074 
PUBLIC LAW 100-408—AUG. 20, 1988 
SEC. 8. DATE OF EXEMPTION FROM FINANCIAL PROTECTION REQUIRE-
MENT. 
Section 170 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(k)) 
is amended— 
(1) by striking "August 1, 1987" each place it appears and 
inserting "August 1, 2002"; and 
(2) by striking "excluding cost of investigating and settling 
claims and defending suits for damage;" in paragraph (1) and 
inserting "including such legal costs of the licensee as are 
approved by the Commission;". 
SEC. 9. PRESIDENTIAL 
COMMISSION 
ON 
CATASTROPHIC NUCLEAR 
ACCIDENTS. 
Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) is 
amended by striking subsection 1. and inserting the following: 
"(1) PRESIDENTIAL COMMISSION ON CATASTROPHIC NUCLEAR AC-
CIDENTS.—(1) Not later than 90 dajrs after the date of the enactment 
of the Price-Anderson Amendments Act of 1988, the President shall 
establish a commission (in this subsection referred to as the 'study 
commission') in accordance with the Federgd Advisory C!ommittee 
Act (5 U.S.C. App.) to study means of fully compensating victims of a 
catastrophic nuclear accident that exceeds the amount of aggregate 
public liability under subsection e. (1). 
"(2XA) The study commission shall consist of not less than 7 and 
not more than 11 members, who— 
"(i) shall be appointed by the President; and 
"(ii) shall be representative of a broad range of views and 
interests. 
"(B) The members of the study commission shall be appointed in a 
manner that ensures that not more than a mere majority of the 
members are of the same political party. 
"(C) Each member of the study commission shall hold office until 
the termination of the study commission, but may be removed by 
the President for inefficiency, neglect of duty, or malfeasance in 
office. 
"(D) Any vacancy in the study commission shall be filled in the 
manner in which the original appointment was made. 
"(E) The President shall designate one of the members of the 
study commission as chairperson, to serve at the pleasure of the 
President. 
Reports. 
"(3) The study commission shall conduct a comprehensive study of 
appropriate means of fully compensating victims of a catastrophic 
nuclear accident that exceeds the amount of aggregate public liabil-
ity under subsection e. (1), and shall submit to the (Dongress a final 
report setting forth— 
"(A) recommendations for any changes in the laws and rules 
governing the liability or civil procedures that are necessary for 
the equitable, prompt, and efficient resolution and pajnnent of 
all valid damage cledms, including the advisability of adjudicat-
ing public liability claims through an administrative agency 
instead of the judicial sjrstem; 
"(B) recommendations for any standards or procedures that 
are necessary to establish priorities for the hearing, resolution, 
and payment of claims when awards are likely to exceed the 
amount of funds available within a specific time period; and 
PUBLIC LAW 100-408—AUG. 20, 1988 
102 STAT. 1075 
"(C) recommendations for any special standards or procedures 
necessary to decide and pay claims for latent injuries caused by 
the nuclear incident. 
"(4XA) The chairperson of the study commission may appoint and 
fix the compensation of a staff of such persons as may be necessary 
to discharge the responsibilities of the study commission, subject to 
the applicable provisions of the Federal Advisory Committee Act 
(5 U.S.C. App.) and title 5, United States Code. 
"(B) To the extent permitted by law and requested by the chair-
person of the study commission, the Administrator of Gteneral 
Services shall provide the study commission with necessary adminis-
trative services, facilities, and support on a reimbursable basis. 
"(C) The Attorney General, the Secretary of Health and Human 
Services, and the Director of the Federal Emergency Management 
Agency shall, to the extent permitted by law and subject to the 
availability of funds, provide the study commission with such facili-
ties, support, funds and services, including staff, as may be nec-
essary for the effective performance of the functions of the study 
commission. 
"(D) The study commission may request any Executive agency to 
furnish such information, advice, or assistance as it determines to be 
necessary to carry out its functions. Each such agency is directed, to 
the extent permitted by law, to furnish such information, advice or 
assistance upon request by the chairperson of the study commission. 
"(E) Each member of the study commission may receive com-
pensation at the maximum rate prescribed by the Federal Advisory 
Committee Act (5 U.S.C. App.) for each day such member is engaged 
in the work of the study commission. Each member may also receive 
travel expenses, including per diem in lieu of subsistence under 
sections 5702 and 5703 of title 5, United States Ckxie. 
"(F) The functions of the President under the Federal Advisory 
Committee Act (5 U.S.C. App.) that are applicable to the study 
commission, except the function of reporting annually to the Con-
gress, shall be performed by the Administrator of General Services. 
"(5) The final report required in paragraph (3) shall be submitted 
to the (Dongress not later than the expiration of the 2-year period 
beginning on the date of the enactment of the Price-Anderson 
Amendments Act of 1988. 
"(6) The study commission shall terminate upon the expiration of 
the 2-month period beginning on the date on which the final report 
required in paragraph (3) is submitted.". 
SEC. 10. WAIVER OF DEFENSES. 
(a) STATUTE OF LIMITATIONS.—Section 170 n. (1) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2210(nXl)) is amended in clause (iii) of 
the first sentence by striking the following: ", but in no event more 
than twenty years after the date of the nuclear incident". 
(b) APPUCABIUTY.—Section 170 n. (1) of the Atomic Energy Act of 
1954 (42 U.S.C. 2210(nXl)) is amended— 
(1) by redesignating subparagraphs (a), (b), and (c) as subpara-
graphs (A), (B), and (C), respectively; 
(2) by striking "or" at the end of subparagraphs (A) and (B); 
and 
(3) by inserting after subparagraph (C) the following new 
subparagraphs: 
"(D) arises out of, results from, or occurs in the course of, the 
construction, possession, or operation of any facility licensed 
Reports. 
Termination 
date. 
102 STAT. 1076 
PUBLIC LAW 100-408—AUG. 20, 1988 
under section 53, 63, or 81, for which the Commission has 
imposed as a condition of the license a requirement that the 
licensee have and maintain financial protection under subsec-
tion a., 
"(E) arises out of, results from, or occurs in the course of, 
transportation of source material, byproduct material, or spe-
' 
cial nuclear material to or from any facility licensed under 
section 53, 63, or 81, for which the Commission has imposed as 
a condition of the license a requirement that the licensee have 
and maintain financial protection under subsection a., or 
"(F) arises out of, results from, or occurs in the course of 
nuclear waste activities.". 
SEC. 11. JUDICIAL REVIEW OF CLAIMS ARISING OUT OF A NUCLEAR 
INCIDENT. 
(a) CONSOLIDATION OP (DLAIMS.—Section 170 n. (2) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2210(nX2)) is amended— 
(1) in the first sentence— 
(A) by striking "an extraordinary nuclear occurrence" 
each place it appears and inserting "a nuclear incident"; 
(B) by striking "the extraordinary nuclear occurrence" 
each place it appears and inserting "the nuclear incident"; 
(2) in the second sentence, by inserting after "court" the first 
place it appears the following: "(including any such action 
pending on the date of the enactment of the Price-Anderson 
Amendments Act of 1988)"; and 
(3) by adding at the end the following new sentence: "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, United States Code, or within the 
30-day period b^inning on the date of the enactment of the 
Price-Anderson Amendments Act of 1988, whichever occurs 
later.". 
(b) DEFINITION OP PUBUC LIABILITY ACTION.—Section 11 of the 
Atomic Eneigy Act of 1954 (42 U.S.C. 2014), as previously amended 
by this Act, is fiirther amended by adding at the end the following 
new subsection: 
"hh. The term 'public liability action', as used in section 170, 
means any suit asserting public liability. A public liability action 
shall be deemed to be an action arising under section 170, and the 
substantive rules for decision in such action shall be derived from 
the law of the State in which the nuclear incident involved occurs, 
unless such law is inconsistent with the provisions of such section.". 
Courts, U.S. 
(c) SPECIAL CASELOAD MANAGEMENT PANEL.—Section 170 n. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2210(n)) is amended by adding 
at the end the following new paragraph: 
"(3XA) Following any nuclear incident, the chief judge of the 
United States district court having jurisdiction under paragraph (2) 
with respect to public liability actions (or the judicial council of the 
judicial circuit in which the nuclear incident occurs) may appoint a 
special caseload management panel (in this paragraph referred to as 
the 'management panel') to coordinate and assign (but not nec-
essarily hear themselves) cases arising out of the nuclear incident, 
if— 
"(i) a court, actii^ pursuant to subsection o., determines that 
the aggr^ate amount of pubUc liabiUty is likely to exceed the 
,:E,5CW»?5^ iffff'f!l.i,rV'. 
PUBLIC LAW 100-408—AUG. 20, 1988 
102 STAT. 1077 
amount of primary financial protection available under subsec-
tion b, (or an equivalent amount in the case of a contractor 
indemnified under subsection d.); or 
"(ii) the chief judge of the United States district court (or the 
judicial council of the judicial circuit) determines that cases 
arising out of the nuclear incident will have an unusual impact 
on the work of the court. 
"(BXi) Each management panel shall consist only of members who 
are United States district judges or circuit judges. 
"(ii) Members of a management panel may include any United 
States district judge or circuit judge of another district court or 
court of appeals, if the chief judge of such other district court or 
court of appeals consents to such assignment. 
"(C) It shall be the function of each management panel— 
"(i) to consolidate related or similar claims for hearing or 
trial; 
"(ii) to establish priorities for the handling of different classes 
of cases; 
"(iii) to assign cases to a particular judge or special master; 
"(iv) to appoint special masters to hear particular types of 
cases, or particular elements or procedural steps of cases; 
"(v) to promulgate special rules of court, not inconsistent with 
the Federal Rules of Civil Procedure, to expedite cases or allow 
more equitable consideration of claims; 
"(vi) to implement such other measures, consistent with exist-
ing law and the Federal Rules of Civil Procedure, as will 
encourage the equitable, prompt, and efficient resolution of 
cases arising out of the nuclear incident; and 
"(vii) to assemble and submit to the President such data, 
available to the court, as may be useful in estimating the 
aggregate damages from the nuclear incident.", 
(d) LEGAL COSTS.— 
(1) PAYMENT CRITERIA.—Section 170 o. of the Atomic Energy 
Act of 1954 (42 U.S.C. 2210(o)), as previously amended by this 
Act, is further amended by— 
(A) inserting after the subsection designation the follow-
ing: "PLAN FOR DISTRIBUTION OF FUNDS.—(1)"; 
(B) redesignating paragraphs (1) through (3) as subpara-
graphs (A) through (C); and 
' 
(C) adding at the end the following: 
Courts, U.S. 
"(D) A court may authorize pajmient of only such legal costs 
as are permitted under paragraph (2) from the amount of 
financial protection required by subsection b. 
"(E) If the sum of public liability claims and legal costs 
authorized under paragraph (2) arising from any nuclear in-
cident exceeds the maximum amount of financial protection 
required under subsection b., any licensee required to pay a 
standard deferred premium under subsection b. (1) shall, in 
addition to such deferred premium, be charged such an amount 
as is necessary to pay a pro rata share of such claims and costs, 
but in no case more than 5 percent of the maximum amount of 
such standard deferred premium described in such subsection. 
"(2) A court may authorize the payment of legal costs under 
paragraph (IXD) only if the person requesting such payment has— 
"(A) submitted to the court the amount of such payment 
requested; and 
"(B) demonstrated to the court— 
102 STAT. 1078 
PUBLIC LAW 100-408—AUG. 20, 1988 
"(i) that such costs are reasonable and equitable; and 
"(ii) that such person has— 
"(I) litigated in good faith; 
"(II) avoided unnecessary duplication of effort with 
that of other parties similarly situated; 
"(III) not made frivolous claims or defenses; and 
"(IV) not attempted to unreasonably delay the 
prompt settlement or adjudication of such claims.". 
(2) DEFINITION OF LEGAL COSTS.—Section 11 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014), as previously amended by 
this Act, is further amended by adding at the end the following 
new subsection: 
"jj. LEGAL COSTS.—As used in section 170, the term 'legal costs* 
means the costs incurred by a plaintiff or a defendant in initiating, 
prosecuting, investigating, settling, or defending claims or suits for 
damage arising under such section.". 
SEC. 12. REPORTS TO CONGRESS BY NUCLEAR REGULATORY COMMIS-
SION AND DEPARTMENT OF ENERGY. 
Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) 
is amended— 
(1) by inserting "(1)" after the subsection designation; 
(2) by striking "shall submit to the Congress by August 1, 
1983, a detailed report", and inserting the following: "and the 
Secretary shall submit to the Congress by August 1, 1998, 
detailed reports"; and 
(3) by adding at the end the following new paragraph: 
"(2) 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.". 
SEC. 13. LIABILITY OF LESSORS. 
Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210), as 
previously amended by this Act, is further amended by adding at the 
end the following new subsection: 
"r. LIMITATION ON LIABILITY OF LESSORS.—No person under a bona 
fide lease of any utilization or production facility (or part thereof or 
undivided interest therein) shall be liable by reason of an interest as 
lessor of such production or utilization facility, for any legal liability 
arising out of or resulting from a nuclear incident resulting from 
such ^cility, unless such facility is in the actual possession and 
control of such person at the time of the nuclear incident giving rise 
to such legal liability.". 
SEC. 14. PUNITIVE DAMAGES. 
Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210), as 
previously amended by this Act, is further amended by adding at the 
end the following new subsection: 
Courts, U.S. 
"s. LIMITATION ON PUNITIVE DAMAGES.—NO court may award 
punitive damages in any action with respect to a nuclear incident or 
precautionary evacuation against a person on behalf of whom the 
United States is obligated to make payments under an agreement of 
indemnification covering such incident or evacuation.". 
PUBLIC LAW 100-408—AUG. 20, 1988 
102 STAT. 1079 
SEC. 15. INFLATION ADJUSTMENT. 
Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210), as 
previously amended by this Act, is further amended by adding at the 
end the following new subsection: 
"t. INFLATION ADJUSTMENT.—(1) The Commission shall adjust the 
amount of the maximum standard deferred premium under subsec-
tion b. (1) not less than once during each 5-year period following the 
date of the enactment of the Price-Anderson Amendments Act of 
1988, in accordance with the aggregate percentage change in the 
Consumer Price Index since— 
"(A) such date of enactment, in the case of the first adjust-
ment under this subsection; or 
"(B) the previous adjustment under this subsection. 
"(2) For purposes of this subsection, the term '(Consumer Price 
Index' means the Consumer Price Index for all urban consumers 
published by the Secretary of Labor.". 
SEC. 16. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) REFERENCES TO NUCLEAR REGULATORY Ck)MMissiON.— 
(1) Section 11 q. of the Atomic Energy Act of 1954 (42 U.S.C. 
2014(q)) is amended by striking "(Commission" each place it 
appears and inserting "Nuclear Regulatory CJommission". 
(2) Section 170 a. of the Atomic Energy Act of 1954 (42 U.S.C. 
221(Xa)) is amended by striking "Commission" in the first sen-
tence and inserting the following: "Nuclear 
Regulatory 
Commission (in this section referred to as the 'Commission')". 
(b) REFERENCES TO SECRETARY OF ENERGY.— 
(1) Subsections j . and m. of section 11 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2014) are amended by striking "Commis-
sion" each place it appears and inserting the following: 
"Nuclear Regulatory (Commission or the Secretary of Energy, as 
appropriate,". 
(2) Section 111. (2) of the Atomic Energy Act of 1954 (42 U.S.C. 
2014(tX2)) is amended by striking "(Commission" and inserting 
"Secretary of Energy". 
(3) Section 170 f. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(f)) is amended by inserting after "(Commission" the first 2 
places it appears the following: "or the Secretary, as 
appropriate,". 
(4) Subsections g., h., j . , and m. of section 170 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2210) are amended by inserting 
after "Commission" each place it appears the following: "or the 
Secretary, as appropriate,". 
(5) Section 170 n. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(n)) is amended— 
(A) in paragraph (1)— 
(i) by striking "Commission" in subparagraph (C) and 
inserting "Department of Energy"; and 
(ii) by inserting after "Commission" the second place 
it appears the following: "or the Secretary, as appro-
priate,"; and 
(B) in paragraph (2), by inserting after "Commission" the 
following: "or the Secretary, as appropriate". 
(6) Section 170 o. (IXC), as redesignated by section ll(dXl) of 
the bill, is amended— 
102 STAT. 1080 
PUBLIC LAW 100-408—AUG. 20, 1988 
(A) by inserting after "Commission" the first place it 
appears the following: "or the Secretary, as appropriate,"; 
and 
(B) by inserting after "Commission" the second place it 
appears the following: "or the Secretary as appropriate". 
(c) REFERENCES TO REVISED STATUTES.— 
(1) Section 170 g. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(g)) is amended by inserting "(41 U.S.C. 5)" after "Statutes". 
(2) Section 170 j . of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(j)) is amended bv striking "section 3679 of the Revised 
Statutes, as amended 
and inserting the following: "sections 
1341, 1342, 1349, 1350, and 1351, and subchapter II of chapter 
15, of title 31, United States Code". 
(d) INTERNAL CROSS-REPERENCES.— 
(1) Section 11 q. of the Atomic Energy Act of 1954 (42 U.S.C. 
2014(q)) is amended by striking "subsection each place it 
appears and inserting "section". 
(2) Section 11 t. of the Atomic Energy Act of 1954 (42 U.S.C. 
2014(t)) is amended by striking "subsection" each place it 
appears and inserting "section". 
(3) Section 11 w. of the Atomic Energy Act of 1954 (42 U.S.C. 
2014(w)) is amended by striking "subsections 170 a., c, and k." 
and inserting "subsections a., c, and k. of section 170". 
(4) Section 170 a. of the Atomic Energy Act of 1954 (42 U.S.C. 
2010(a)) is amended— 
(A) in the first sentence, by striking "subsection 2 i. of the 
Atomic Energy Act of 1954, as amended" and inserting 
"section 2 i."; 
(B) in the first sentence, by striking "subsection 170 b." 
and inserting "subsection b."; and 
(C) in the second sentence, by striking "subsection 170 c." 
and inserting "subsection c". 
(5) Section 170 k. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(k)) is amended in the first sentence by striking "subsection 
170 a." and inserting "subsection a.". 
(6) Section 170 n. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(n)(l)) is amended in the last sentence by striking "subsec-
tion 170 e." and inserting "subsection e.". 
(7) Section 170 o. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(o)) is amended in subparagraph (B), as redesignated by 
section 11(d)(1) of the bill, by striking "subparagraph (3) of this 
subsection (o)" and inserting "subparagraph (C) . 
(e) SUBSECTION CAPTIONS.— 
(1) Section 170 a. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(a)) is amended by inserting after the subsection designa-
tion the following: "REQUIREMENT OF FINANCIAL PROTECTION 
FOR LICENSEES ^^" 
(2) Section 1
*
7
0 b. of the Atomic Energy Act of 1954 (42 U.S.C. 
22100t))) is amended by inserting after the subsection designa-
tion the following: "AMOUNT AND TYPE OF FINANCIAL PROTEC-
TION FOR LICENSEES.-^" 
(3) Section 170 c. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(c)) is amended by inserting after the subsection designation 
the following: "INDEMNIFICATION OF LICENSES BY NUCLEAR 
REGULATORY COMMISSION.—". 
(4) Section 170 f. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(f)) is amended by inserting after the subsection designation 
PUBLIC LAW 100-408—AUG. 20, 1988 
102 STAT. 1081 
the following: "COLLECTION OF FEES BY NUCLEAR REGULATORY 
COMMISSION.—". 
(5) Section 170 g. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(g)) is amended by inserting after the subsection designa-
tion the following: "USE OF SERVICES OF PRIVATE INSURERS.—". 
(6) Section 170 h. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(h)) is amended by inserting after the subsection designa-
tion the following: "CONDITIONS OF AGREEMENTS OF INDEM-
NIFICATION.—". 
(7) Section 170 j . of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(j)) is amended by inserting after the subsection designation 
the following: "CONTRACTS IN ADVANCE OF APPROPRIATIONS.—". 
(8) Section 170 k. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(k)) is amended by inserting after the subsection designa-
tion the following: "EXEMPTION FROM FINANCIAL PROTECTION 
REQUIREMENT FOR NONPROFIT EDUCATIONAL INSTITUTIONS.—". 
(9) Section 170 m. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(m)) is amended by inserting after the subsection designa-
tion the following: "COORDINATED PROCEDURES FOR PROMPT 
SETTLEMENT OF CLAIMS AND EMERGENCY ASSISTANCE.—". 
(10) Section 170 n. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(n)) is amended by inserting after the subsection designa-
tion the following: 
"WAIVER OF DEFENSES AND JUDICIAL 
PROCEDURES 
" 
(11) Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(p)) is amended by inserting after the subsection designa-
tion the following: "REPORTS TO CONGRESS.—". 
SEC. 17. CIVIL PENALTIES. 
The Atomic Energy Act of 1954, as amended, is further amended 
by adding a new section 234A as follows: 
"SEC. 234A. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF 42 use 2282a. 
DEPARTMENT OF ENERGY REGULATIONS.—a. Any person who has Contracts, 
entered into an agreement of indemnification under subsec-
tion 170 d. (or any subcontractor or supplier thereto) who violates (or 
whose employee violates) any applicable rule, regulation or order 
related to nuclear safety prescribed or issued by the Secretary of 
Energy pursuant to this Act (or expressly incorporated by reference 
by the Secretary for purposes of nuclear safety, except any rule, 
regulation, or order issued by the Secretary of Transportation) shall 
be subject to a civil penalty of not to exceed $100,000 for each such 
violation. If any violation under this subsection is a continuing one, 
each day of such violation shall constitute a separate violation for 
the purpose of computing the applicable civil penalty. 
"b. (1) The Secretary shall have the power to compromise, modify 
or remit, with or without conditions, such civil penalties and to 
prescribe regulations as he may deem necessary to implement this 
section. 
"(2) In determining the amount of any civil penalty under this 
subsection, the Secretary shall take into account the nature, cir-
cumstances, extent, and gravity of the violation or violations and, 
with respect to the violator, ability to pay, effect on ability to 
continue to do business, any history of prior such violations, the 
degree of culpability, and such other matters as justice may require. 
In implementing this section, the Secretary shall determine by rule 
whether nonprofit educational institutions should receive automatic 
remission of any penalty under this section. 
102 STAT. 1082 
PUBLIC LAW 100-408—AUG. 20, 1988 
"c. (1) Before issuing an order assessing a civil penalty against any 
person under this section, the Secretary shall provide to such person 
notice of the proposed penalty. Such notice shall inform such person 
of his opportunity to elect in writing within thirty days after the 
date of receipt of such notice to have the procedures of paragraph (3) 
(in lieu of those of paragraph (2)) apply with respect to such 
assessment. 
"(2XA) Unless an election is made within thirty calendar days 
after receipt of notice under paragraph (1) to have paragraph (3) 
apply with respect to such penalty, the Secretary shall assess the 
penalty, by order, after a determination of violation has been made 
on the record after an opportunity for an agency hearing pursuant 
to section 554 of title 5, United States Code, before an administrative 
law judge appointed under section 3105 of such title 5. Such assess-
ment order shall include the administrative law judge's findings and 
the basis for such assessment. 
Courts, U.S. 
"(B) Any person against whom a penalty is assessed under this 
paragraph may, within sixty calendar days after the date of the 
order of the Secretary assessing such penalty, institute an action in 
the United States court of appeals for the appropriate judicial 
circuit for judicial review of such order in accordance with chapter 7 
of title 5, United States Code. The court shall have jurisdiction to 
enter a judgment affirming, modifying, or setting aside in whole or 
in part, the order of the Secretary, or the court may remand the 
proceeding to the Secretary for such further action as the court may 
direct. 
"(3XA) In the case of any civil penalty with respect to which the 
procedures of this paragraph have been elected, the Secretary shall 
promptly assess such penalty, by order, after the date of the election 
under paragraph (1). 
Courts, U.S. 
"(B) If the civil penalty has not been paid within sixty calendar 
days after the assessment order has been made under subparagraph 
(A), the Secretary shall institute an action in the appropriate dis-
trict court of the United States for an order affirming the assess-
ment of the civil penalty. The court shall have authority to review 
de novo the law and facts involved, and shall have jurisdiction to 
enter a judgment enforcing, modifying, and enforcing as so modified, 
or setting aside in whole or in part, such assessment. 
"(C) Any election to have this paragraph apply may not be 
revoked except with consent of the Secretary. 
Courts, U.S. 
"(4) If any person fails to pay an assessment of a civil penalty after 
it has become a final and unappealable order under paragraph (2), 
or after the appropriate district court has entered final judgment in 
favor of the Secretary under paragraph (3), the Secretary shall 
institute an action to recover the amount of such penalty in any 
appropriate district court of the United States. In such action, the 
validity and appropriateness of such final assessment order or judg-
ment shall not be subject to review. 
"d. The provisions of this section shall not apply to: 
"(1) The University of Chicago (and any subcontractors or 
suppliers thereto) for activities associated with Argonne 
National Laboratory; 
"(2) The University of California (and any subcontractors or 
suppliers thereto) for activities associated with Los Alamos 
National Laboratory, Lawrence Livermore National Labora-
tory, and Lawrence Berkeley National Laboratory; 
PUBLIC LAW 100-408—AUG. 20, 1988 
102 STAT. 1083 
"(3) American Telephone an Telegraph Company and its 
subsidiaries (and any subcontractors or suppliers thereto) for 
activities associated with Sandia National Laboratories; 
"(4) Universities Research Association, Inc. (and any sub-
contractors or suppliers thereto) for activities associated with 
FERMI National Laboratory; 
"(5) Princeton University (and any subcontractors or sup-
pliers thereto) for activities associated with Princeton Plasma 
Physics Laboratory; 
^_ 
"(6) The Associated Universities, Inc. (and any subcontractors 
or suppliers thereto) for 
activities associated 
with 
the 
Brookhaven National Laboratory; and 
"(7) Battelle Memorial Institute (and any subcontractors or 
suppliers thereto) for activities associated with Pacific North-
west Laboratory.", 
SEC. 18. CRIMINAL PENALTIES. 
Section 223 of the Atomic Energy Act of 1954, as amended, is 
further amended by adding a new subsection c. as follows: 
"c. Any individual director, officer or employee of a person indem-
nified under an agreement of indemnification under section 170 d. 
(or of a subcontractor or supplier thereto) who, by act or omission, 
knowingly and willfully violates or causes to be violated any section 
of this Act or any applicable nuclear safety-related rule, regulation 
or order issued thereunder by the Secretary of Energy (or expressly 
incorporated by reference by the Secretary for purposes of nuclear 
safety, except any rule, regulation, or order issued by the Secretary 
of Transportation), which violation results in or, if undetected, 
would have resulted in a nuclear incident as defined in subsection 11 
q. shall, upon conviction, notwithstanding section 3571 of title 18, 
United States Code, be subject to a fine of not more than $25,000, or 
to imprisonment not to exceed two years, or both. If the conviction is 
for a violation committed after the first conviction under this 
subsection, notwithstanding section 3571 of title 18, United States 
Code, punishment shall be a fine of not more than $50,000, or 
imprisonment for not more than five years, or both.". 
SEC. 19. NEGOTIATED RULEMAKING ON FINANCIAL PROTECTION FOR 
RADIOPHARMACEUTICAL LICENSEES. 
(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 2740)) 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 
42 use 2273. 
Contracts. 
42 use 2210 
note. 
Contracts. 
102 STAT. 1084 
PUBLIC LAW 100-408—AUG. 20, 1988 
by the Commission within 18 months of the date of the enact-
ment of this Act. 
(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, conduct a negotiated rulemaking in 
accordance with the guidance provided by the Administrative 
Conference of the United States in Recommendation 82-4, 
"Procedures for N^otiating 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, the Commission shall designate an 
individual or individuals recommended by the Administrative 
Conference of the United States to serve as a convener for such 
n^otiations. 
Contracts. 
(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 recommenda-
tions for a proposed rule r^arding 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 condi-
tions 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) PUBUCATION 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 para-
graph (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 (Dode. 
42 u s e 2014 
SEC. 20. EFFECTIVE DATE. 
^° ' 
(a) Except as provided in subsection (b), the amendments made by 
this Act shall become effective on the date of the enactment of this 
Act and shall be applicable with respect to nuclear incidents occur-
ring on or after such date. 
(bXD The amendments made by section 11 shall apply to nuclear 
incidents occurring before, on, or after the date of the enactment of 
this Act. 
PUBLIC LAW 100-408—AUG. 20, 1988 
102 STAT. 1085 
(2XA) Section 234A of the Atomic Energy Act of 1954 shall not 
apply to any violation occurring before the date of the enactment of 
this Act. 
(B) Section 223 c. of the Atomic Energy Act of 1954 shall not apply 
to any violation occurring before the date of enactment of this Act. 
Approved August 20, 1988. 
LEGISLATIVE HISTORY—H.R. 1414 (S. 748) (S. 1865): 
HOUSE REPORTS: No. 100-104, Pt. 1 (Comm. on Interior and Insular Affairs), Pt. 2 
(Comm. on Science, Space, and Technology), and Pt. 3 (Comm. on 
Energy and Commerce). 
SENATE REPORTS: No. 100-70 accompanying S. 748 (Comm. on Energy and Natural 
Resources) and No. 100-218 accompeuiying S. 1865 (Comm. on 
Environment and Public Works). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): July 29, 30, considered and passed House. 
Vol. 134 (1988): Mar. 16-18, considered and passed Senate, amended. 
Aug. 2, House concurred in certain Senate amendment with an 
amendment and disagreed to others. 
Aug. 5, Senate receded and concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Aug. 20, Presidential statement.