ML20196A176
| ML20196A176 | |
| Person / Time | |
|---|---|
| Issue date: | 10/04/1988 |
| From: | Lubenau J NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20195D086 | List: |
| References | |
| FOIA-88-529 NUDOCS 8812050279 | |
| Download: ML20196A176 (22) | |
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\f 1 007 et togg Ref: SA/ LAB ALL AGREEMENT STATES MEDICAL LICENSEE SURVEY As a result of Congress' action to extend the Price-Anderson program, Section of P.L. 100-408(enclosure),NRCmustconductanegotiated rulemaking which would include medical licensees in the Price-Anderson indemnity insurance program. This program currently provides insurance coverage for connercial nuclear power plants against damages resulting from catastrophic accidents. At present, we are examining the applicability of the program to agreement State medical licensees. To assist us in this effort we request that you provide us with the total number of licensees in the following categories:
- 1. Private practice (medical)
- 2. Institutional (medical)
- 3. Teletherapy
- 4. Bra chytherapy
- 5. Mobilenuclearmedicine(van)
- 6. Radiopharmacy
- 7. Medical radioisotope manufacturers and suppliers c..g,>: : .' pt d 78 g,p.cr.=:id - 't Joel. O. Lubenau Acting Assistant Director for State Agreements Program State, local and Indian Tribe Programs O
Enclosure:
! As stated l
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es12090279 801129 k PDR FOIA FELTON88-529 PDR
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- .. . c s PUBLIC LAW -100-408-AUO/20,.1988 -
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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] and improve the procedures for liability and indemnification for nuclear incidenta.
Be it enacted by the Senate and House of Re Price Anderson United States ofAmerica in Congress assembled, presentat e or 1[ SECTION 1. SilORTTITLE.
42 Usc 2011 This Act may be cited as the "Price Anderson Amendments Act of note. 1988".
SEC 2. FINANCIAL PROTECTION.
(a) PRIMARY FINANCIAL PROTECTION AMOUNT REQUIRED FOR LARGE ELEerRICAL GENERATINa FACILrrIES.-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. 2210(b)) is a' mended-(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 raore 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 l maximum amount of primary financial protection"; and l (2) in the third proviso of the third sentence, by adding after
- "and costa" the following: "(excluding legal costs sub
- subsection o. (IXD), payment of which aas not been orized under such subsection) .
1 (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; t (2) in the first sentence, b i (3) as clauses (A) through (C),yvely; respect redesignating clauses (1 (3) by striking the fifth and sixth sentences; and (4) by adding at the end of the fourth sentence the following new paragraph: ;
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i f . i PUBLIC LAW 100-408- AUG. 20,1989 102 STAT.1067 ;
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"(2XA) The Commission may, on a case by case ,ssess l annual deferred premium amounts lets than the s' ard nnual l deferred premium amount assessed under paragrap' m-
"(i) for any facility, if more than one nu!' . incide occurs in any one calendar year; or
"(iP for any licensee licensed to operate more than one facil.
ity, if the Commission determines t bat the financial impact of assessing the standard annual deferred premium amount under Saragraph (1) would result in undue financial hardship to such icensee or the ratepayers of such licensee.
"(B) In the event thet the Commission assesses a lesser annual deferred premium amount under subparagra ph (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 oasis 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) BoRRoWINo AUTuoRITY.-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 vahd 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 paragra ah (3), the Commission shall,in order to advance the necessary funcs-
"(i) request the Congress to appropriate sufficient funds to satisfy such payments; or
"(ii) to the extent approved tr appropriation Acts, issue to the Secretary of the Treasury obligations in such forms and denomi- l nations, bearing such maturities, and subject to such terms and conditions as may be agreed to by the Commission and the Secretary of the Treasury.
"(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 Trea ary from amounts made avail-able by standard deferred premium assessments, with interest at a ,
rate determmd by the Secretary of the Treasury on the basis of the current avera ge market yield on outstanding marketable obligations of the Unitec 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 outstandmg marketable obliga-
102 STATc 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 CONTRALT WITil 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 CONTRACrORS BY DEPARTMENT OF Termination ENERGY.-(IXA) In addition to any other authority the Secretary of date. Energy (in this section referred to as the ' Secretary') may have, the Secretary shall, until August 1, 2002, enter into agreements of indemnincation under this subsection with any person who may conduct activities under a contract with the Department of Energy l that involve the risk of public liability and that are not subjec' to Unancial protection requirements under subsection b. or agreements I
ofindemnincation under subsection c. or k.
Effective date. "(BXi)(I) Beginning 60 days after the dato of enactment of the l Price-Anderson Amendments Act of 1988, agreements of indem.
) niGeation under subparagraph (A) shall be the exclusive means of indemnincation for public liability arising from activities described t
in such subparagraph, including activities conducted under a l contract that contains an indemnincation clause under Public Law I
85-804 entered into between August 1,1987, and the date of enact-ment of the Price Anderson Amendments Act of1988.
"(II) The Secretary may incorporato in agreements ofindemnl0ca.
tion under sub 3aragraph (A) the provisions relating to the waiver of any issue or c efense as to charitable or governmental immunity I
authorized in subsection n. (1) to be incorporated in agreements of indemnincation. Any such provisions incorporated under this t subclause shall apply to any nuclear incident arising out of nuclear waste activities subject to an agreement of indemnincation under l subparagraph (A).
"(ii) Public liability arising out of nuclear waste activities subject
! to an agreement ofindemnincation under subparagraph (A) that are l
funded by the Nuclear Waste Fund established in section 302 of the Nuc! car Wasto Policy Act of 1982 (42 U.S.C.10222) shall be com-pensated from the Nuclear Waste; Fund in an amount not to exceed l
. the maximum amount of Anancial protection required of lleensees
- under subsection b. , -
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v r PUBLIC LAW 100-408-AUG. 20,1988 10RSTAT.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 1 the Secretary shall determine to be appropriate to cover public liability arising out of or in connection with the contractual activity, I and shall indemnify the persons indemni0ed against such claims
, above the amount of the Gnancial 3rotection required, to the full extent of the aggregate public liabi ity of the persons indemni0ed for each nuclear incident, including such legal costs of the contrac-
[ tor as are approved by the Secretary.
"(3XA) Notwithstanding paragra ah (2), if the maximum amount of financial protection required of icensees under subsection b. is
- increased by the Con 1 mission, the amount of indemnity, together with any financial protection required of the contractor, shall at all 3
times remain equal to or greater than the maximum amount of financial protection required oflicensees 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 Unancial protection required of licensees is reduced.
"(C) All agreements of indemnincation under which the Depart- Effective date.
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 reDect 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 Unancial protec-tion and indemni0 cation 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 arovisions of this subsection may be applicable to lump sum as we 1 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 ofindemnification has been executed under paragraph (1XA) 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) DEFINmoNs.-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 f fuel' have the meanings given such terms in section 2'of the Nuctedr, Waste Policy Act of 1982 (42 U.S.C.10101). I w- .
) "ce. The term ' transuranic wasto' means material contaminated 1 -
with elements that htive an atomic number greater than 92,includ.
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- 102 STAT.1070' PUBLIC LAW 100-4082AUG.' 20,1988'
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ing neptunium, plutonium, americium and curium and that are in '
concentrations greater than 10 nanx,uries per gr,am, or in such !
other concentrations as the Nucleat Regulatory Commission may prescribe to protect the public healt5 and safety {
"ff. The term ' nuclear waste at civities', as itsed in section 170, means activities subject to an agreement ofindemnincation untier subsection d. of such section, .*l at the Secretary of Energy is au-thorized the storageto undertake, handling under tus Act or any other law, involving research an,d developm, transpor ent on. tation, treatment, spent nuclear fuel, high. evel or dis,xeal of radio-active waste, or transuranic waste including (but not limited to) activities authorized to be carried ,out under the Weste Isolation Pilot Project under sectior. 213 of Public Law 96-164 (93 Stat.
1265).".
SEC 5. PRECAUTIONARY ZYACUATIONS.
(a) Com INeuanrs av STATE GOVERNMENTS.-Section 11 w. of Atomic Energj- 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 cautionary course of responding to a nuclear incident or a pre-evacuation)".
(b) DEFINITION.-Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014), as previous 1v 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 r.uclear material b rial, high level radioactive waste spent nuclear fue,l,yproduct or transuranic mate-waste to or from a production o,r utilization facility, if the evacu-ation is-
"(1) the result of any event that is not classified as a nuclear incident but that property damage f;xecs rom the imminent radiolo danger of bodily injury or material, special nuclear material,byproduct gical properties material, ofhigh-source level radioactive waste spent nuclear fuel, or transuranic waste, and causes an eva,c uation; and
"(2) initiated by an ofDelal 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.
l ation was necessary to protect the public health and safety.".
(c) LIMITADON.-Section 170 of the Atomic Energ Act of 1954 (42 U.S.C. 2210) is amended by adding at the end the following new subsection:
t courts, U.S. "q.
l LIMrrADON ON AWARDINo or PatcAttrIONARY EVACUAMON l Costs.-No court may award costs of a precautionary evacuation unless such costs constitute a public liability.".
SEC. 6. AGGREGATE PUHl.lC1.lABil.ITY FOR SINGIE NUCI, EAR INCIDENT.
Section 170 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(e))
is amended to read as follows: e "e. LIMITADON ON AconsoATs Ppauc trABirMnr.--(1) gate )ublic liability for a single nuclear incident of persons The aggre-indem-nificc
, subsec, tion o. (1)(D), shall not exceed-including such legal co
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 surcharge assessed undo .ubsection o. (1)(E));
any(B)in the case of contractors with whom the Secretary has contract..
entered into an agreement of indemniGcation under subsection d., the maximum amount of financial protection required under subsection b. or the amount of indemnity and Gnancial 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 Gnancial protection required of the licensee exceeds $60,000,000, $560,000,000 or the amount of Gnancial protection required of the licensee, whichever amount is more.
"(2)In the event of a nuclear incident involving damages in excess clairns.
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 1701. and will in accordance with such procedures, take whatever action is deter-mined to be necessary (meluding approval of appropriate compensa-tion plans and ap 3ropriation of funds) to provide full and prompt compensation to tle public for all public liability claims resulting from a disaster 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 rec uired to maintain financial protection w pursuant to subsection b., to Fund any action undertaken pursuant f to p(aragraph (2),' 4) W,ith respect to any nuclear incident occurring outside of t United States to which an agreement of indemnincation entered
- into under the provisions of subsection d. !s applicable, such aggre-J gate public liability shall not exceed the amount of $100,000,000,
.c together with the amount of financial protection required of the contractor.".
SEC. 7. COMPENSATION Pl.ANS.
(a) IN GENERAL.-Section 170 i, of the Atomic Energy Act of 1954 (42 U.S.C. 2210(i)) b amended to read as follows:
N , "i. COMPENSATION PLANS.--(1) After any nuclear incident involv-
% : ing damages that are likely to exceed the applicab!e amount of i V aggregate public liability under subparagraph (A), (B), or (C) of subsection c. (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 ReportA.
%.'/f such survey to the Congress, to the Representatives of the Derense and r
-~- affected districts, to the Senators of the affected States, and national M (except for information that will cause serious damage to .the security.
national defense of the United States) to th'e public, to the ij r "(d))arties involved, and to the courts,Not later than 90 days after any det d- -
pursuant to subsection o., that the public liability from a single
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102 STAT.1072 -
PUBLIC LAW 10h408---AU,0. 20,1.9,8Q -]
nuclear incident may exceed the applicable amount of angregate public liability under su ragra (A),(B), or (C),of subsect, on e. (1) the President shall subm t to the ngress- , .
"(A) an estimate of the aggregate dollar value of personal injuries and pro y damage taat arisce from the nuclear incident and ex the amount of aggregate public liability under subsection e. (1);
claims. . "(B) recommendations for additional sources of funds to my claims exceeding the applicable amount of ate public liability under subparagraph (A), (Bh or (C) of su ion e. (1),
which recommen.dations shall consider a broad range of possible sourem 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);
i claims. "(C) 1 or more compensation plans, that either individually or collectivel shall provide for full and prompt compensation for all valid c ims 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 payment of claims that may arise as a result oflatent injuries that may not be discovered until a later date; and 1
"(D) any additional legislative authorities necessary to imple-ment such compensation plan or plans.
"(3XA) Any compensation plan transmitted to the Congress aursu-ant to paragraph (2) shall bear an identification number anc shall be transmitted to both IIouses of Congress on the same day and to each IIouse while it is in session.
"(B) The provisions of paragraphs (4) through (6) shall apply with respot.t to consideration in the Senate of any com transmitted to the Senate pursuant to paragraph (2). pensat
"(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 6 of this subsection.
in 'p(aragra 5)I or he p of paragr h (4) of this subsection-
"(A) cont n ity of session broken only by an adjournment of Congress sino die; and
"(B) the days on which either Ilouse is not in session because of an a 'ournment of more than three days to a day certain are exclu l in the computation of the sixty-day calendar period.
"(6XA) This paragraph is ena.ted-
"(i) as an exercise of the rukmaking power of the Senate and but as op icable only with respect to the procedure to be followe in such it is deemed a part of the rules of the Senate,d th Senato in the case of resolutions described by subparagraph (B) und it supersedes other rules only to the extent that it is inconsistent therewith; and
"(11) with full recognition of the constitutional right of the Senate to change the rules at any time, in the same manner and i 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 A- .. approves clause of which is as follows: 'That the {
su bmitted % the the compensation plan numbermi -
Congrees on ,,,. :
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[.,), ' PUBLib LAW 100-408-AUO. 20,T988 102 WXT.1073 filled vdth the name7of the resolvind 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 comm respect to a compensation plan has been referred has not reported it k at orderthetoend moveofeither twenty calendar to discharge the days after committee itsfurther from referral, it shall bo in 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.
3 "(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 g respect to the same compensation plan.
. "(EXi) When the committee has reported, or has been discharged 6 from further consideration of, a resolution, it shall be at any time I 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, 0'
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 i 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 respe:t 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
,A resolution shall be decided without debato. .
(b) CONroRMING AMENDMENT.-Section 170 Wo. kof the Atomic '
/ ~$
V' Energy Act of 1954 (42 U.S.C. 2210(o))is amended
.. subsec.
(1)in the matter receding p'aragraph'(1) by strikinf "liability i
tion 170 e.:" and fnserting the applicable limit o
>$.%, P under subparagraph (A), (G), or (C) of subsection e;*(1);"; and ~'
(2) by striking paragraph (4).
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- 102 STAT.1074 PUBLIC LAW 100-408-AUG. 20,1938 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" eacn 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 costa of the licensee as are apprcved by the Commission;".
SEC 9. PRESIDENTIAL COMMISSION ON CATASTROPillC NUCLEAR ACCIDEN'IS.
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) Passioswr1AL COMMISSION ON CATAFrROPluc NUCLEAR Ac-CIDENN.-(1) Not later than 90 days after the date of the enactment of the Price-Anderson Amendmenta Act of 1988, the President shall establ:sh a commission (in this subsection referred to as the ' study commission') in accordance with the Federal Advisory Committee Act (5 U.S.C. App.) to study means of fully compensating victims of a catastrophic nuclear accident that execeds 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-
"(ii shall be appointed by the President; and
"(ii) shall be representative of a broad range of views and interesta.
"(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 ofGce until the termination of the study commission, but may be removed by the President for inefGciency, neglect of duty, or malfeasance in ofGce.
"(D) Any vacancy in the study commission shall be filled in the manner in which the original appointment was made, l "(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 Congress a Anal report setting forth-
"(A) recommendations for any changes in the laws and ru1cs governing the liability or civil procedures that are necessary for i
the oc uitable, prompt, and efHcient resolution and payment of I all va id damage claims, including the advisability of adjudicat-ing public liability claims through an administrative agency Instead of thejudicial system; . . . , . .
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"(B) recommendations for any standarils or procedures that are necessary to establish p'riorities for the hearing, resolution, l and payment of claims when awards are likely to exceed the
- l. amount of funds available within a specine time ,wrlod; and
PUBLIC LAW 100-408-A UG0 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. f
"(4XA)'Ihe chairperson of the study commission may appoint and fix the compensation of a staff of such persons as may be necessarr 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 General t Services shall provide the study commission with necessary adminis-trative services, facilities, and support on a reimbursable basis.
4
"(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 facill-ties, support, funds and services, including staff, as may be nec-
- essary,Ior the effective performance of the functions of the study i commission.
- "(D) The study comidt.slon may request any Executive agency to furnish such information, advice, or assistance as it determines to be l
necessary to carry out its functions. Each such agency is directed, to
- the extent permitted by law, to furnish such information, advice or aasistance upon request by the chairperson of the study commission.
"(E) Each member of the study commission may receive com-l l
pensation at the maximum rate prescribed by the Federal Advisory Committee Act (5 U.S.C. App.) for each day such member is engaged j
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 Code.
"(F) The functions of the Dresident 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 ;wrformed by the Administrator of General Services. Reports.
"(5) The fina. report required in paragraph (3) shall be submitted i
l to the Congress not later than the expiration of the 2 year inriod
) 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 Terrnination date.
the 2 month period beginning on the date on which the rmal report required in paragraph (3) is submitted.".
SEC.10. WA1VER OF DEFENSES.
- (a) STATirTE OF LIMITATIONS.-Section 170 n. (1) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(nX1)) 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) APPtJCABILITY.-Section 170 n. (1) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(nX1)) is amended-redesignating subparagraphs (a), (b), and (c) as subpara-(1)hsby(A), (B), and (C), rest ,vely gra$ by striking "or" at t end of subparagraphs (A) and (B);
(
, and (3) by inserting after subparagraph (C) the following bcw
($) Yin t of, results from, or occurs in khe course of, the construction, possession, or operation of any facility licensed
102 STA"'.1076 PUBLIC LAW 100-408-AUG. 20,1988-unA wtion 53, 63, or 81, for which the Commission has
' a condition of the license a requirement that the w nave 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 fictn=e have and maintain financial protection under subsection a., or
"(F) arises out of, results from, or occum in the coume of nuclear waste activities.".
SEC 11. JUDICIAL REVIEW OF CLAIMS ARISING OUT OF A NUCLEAR INCIDEur.
(a) CONSOllDATION OF CIAIMS.-Section 170 n. (2) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(nX2)) is amended-(1)in the fint sentence-(A) by striking "an extraordinary nuclear occurrence" each place it appears and inserting "a nuclear incident";
and (B) by striking "the extraordinary nuclear occurrence" each place it appeam and inserting the nuclear incident";
(2) in the second sentence, by inserting after "court" the first place it appeam the followmg: "(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 beginning on the date of the enactment of the Price-Anderson Amenc.ments Act of 1988, whichever occurs later.".
(b) DEFINrrION OF Puolac LIABIIJTY Action.-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:
"hh. The term 'publie liability action', as used in section 170, means any suit asurting public liability. A public liability action shall I,e deemed to be an action arising under section 170, and the substar,tivo tules for decision in such action shall be derived from the law of the State in which the nuclear incident involved occum, unless such la.y is inconsistent with the provisions of such section.".
C<>u rts. U.S.
(c) SPECIAI, CAsEMAD 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:
"(3XAi Following any nuclear incident, the chief judge of the United States district court having jurisdiction under paragraph (2) with respect to judicial circuit ,public m which liability the nuclear incidentactions occurs) may (orappoint the judi a
e s xclal caseload management panel (in this paragraph referred (c as I
the 'mamtgement panel') to egonlinate and assign (but not' nec-cosc:ily hear themselves) cases' arising out of the nuclear incident, if-t "(i) a court, acting pursuant to subsection o., detchmines t the aggregate amount of public liability is likely to exceed the
PUBLIC LAW 100-408-AUG. 20,1988 102 STAT.1077 amount of primary financial protection available under subsec-I tion b. (or an equivalent amount in the case of a contractw 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.
"(SXi) 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 t
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)lt shall be the function of each management pancl-
"(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; I
"(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 :
a ggregate damages from the nuclear incident.".
(d) LEG AL 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.---(l)";
(B) redesignating paragraphs (1) through (3) as subpara-graphs (A)tarough(C) and courts, U s.
(C) adding at the end the following:
"(D) A court may authorize payment of only such legal costs as are wrmitted under paragraph (2) from the amount of financia' protection required by subsection b.
"(E) If the sum of public liability claims and legal costs i
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 pa standard deferred premium under subsection b. (1) shall,y in a 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 author ze the payment of legal costs under j paragr,aph (lXD) only if the person requesting such payment has-
'(A) submitted to the court the amount of such payrsent req' uested; and (B) demonstrated to the court-I
e
- cm m 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 COM.-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 LEoAL Com.-As used in section 170, the term ' legal costs' means the costs incurred by a alaintiff or a defendant in initiating, prosecuting, investigating, settling, damage arising under such section. ,or defending claims SEC 12. REPORTS TO CONGRESS BY NUCLEAR REGULATORY COMMIS.
SiON AND DEPARTMENT 0F 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.13.1 l ABII,lTY 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 LrABILITY or Lessoas.-No person under a bona fide lease of any utilization or 1roduction facility (or prt thereof or undivided interest therein) shaL1 be liable by reason el 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 unless r,och facility is in the actual aossession and such controlfacility,h of suc person at the time of the nuclear incicrise ent giving to such legal lia bility.".
SEC.14. PUNITIVE DAM AGES.
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. LIMrrAT10N ON PUNITivs DAMAGES.-No court may award punitive damages in any action with respect to a nuclear incident or arecautionary evacuattori'hsinst a person on' behalf of whom~ the United States is obligated to makk payments under an agreement of
.ademnification covering such incident or evacuation.". .
PUBLIC LAW 100-408-AUG. 20,1988 102 STAT.1079 k 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. INF1ATION ADJUFrMENT.-(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 consumera published by the Secretary of Labor.".
SEC.16. TECilNICAl, AND CONFOl(MING AMENDMENTS.
(a) REFERENCES To NUC1.F.AR REGUIANRY COMMISSION.-
(1) Section 11 q. of the Atomic Energy Act of 1951 (42 U.S.C.
2014(q)) is amended by striking "Commission" cach place it appears and inserting ', Nuclear Regulatory Commission".
(2) Section 170 a. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(a)) is amended by striking "Commission" in the first sen-tence and inserting the following: "Nuclear Regulator Commission (in this section referred to as the ' Commission')'y .
(b) REFERENCES To SECRETARY OF ENERGY.-
(1) Subsections j. and m. of section 11 of the Atomic Energy Act of 1951 (42 U.S.C. 2014) are amended by striking "Commis-sion" each place it appears and inserting the following:
"Nuclear Re appropriate,gulatory Commission or the Secretary of Energy, a (2) Section 11 t. (2) of the Atomic Energy Act of 1954 (42 U.S.C.
2014(tX2)) is amended by striking "Commission" and incerting "Secretary of Energy".
(3) Section 170 f of the Atomic Energy Act of 1954 (42 U.S.C.
2210(0) is amended by inserting after "Commission" the first 2 places it a the following: "or the Secretary, as appropriate,'ppears.
(4) Subsections g., h., J., and m. of section 170 of the Atomic Energ 1954 (42 U.S.C. 2210) are amended by inserting after 'y Act ofCommission" each lace it appears the following: "or the Secretary as aphropriate,p' (5) Section 17 n. of the Atomic Energy Act of 1954 (42 U.S.C.
1 2210(n))is amended-(A)in paragraph (1)-
(i) by atriking "Commission" in subparnecaph (C) and inserting "Department of Energy"; and (ii) by inserting after "Commission" the second place it appears the following: "or the Secretary, as appro-rinte,"; and '
i (B in paragraph (2), by inserting after '. Commission". the following: "or the Secretary, as appropriate".
(6) Section 170 c. (1XC), as redesignated by section 11(dX1) of the bill, is amended-
=
- 2. . . o I
I 102 STAT.1080 PUBLIC LAW 100-408 '-XUG'. 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 w REVISED wTATUTES.-
(1) Section 170 g. of the Atomic Energy Act of 1954 (42 U.S.C.
41 U.S.C. 5)" abr "Statutes".
2210(g))is (2)Bection amended 170 J. of the byAtomic inserting "(Energy Act of 1954 (42 U 2210(j)) is amended by striking "section 3679 of the Revised Statutes, as amended ' and inserting the followin "sections 1341,1342,1349,1350, and 1351,'and subchapter IL5:o f chapter 15, of title 31, United States Code . ~
(d) INTERNAL Cross REFERENCES.-
(1) Section 11 q. of the Atomic Energy Act of 1954 (42 U.S.C.
2014(q)) is amended by striking ibsection each place it section".
appears (2) Section 11 t. of t "he Atomic Energy Act of 1954 (42 U.S.C.
and inserting 2014(t)) is amended by striking "subsection" each place it section".
appears and11 (3) Section inserting
- w. of t "he Atomic Energy Act of 1954 (42 U.S.C.
2014(w)) is amended by striking "subsections 170 a., c., and k."
subsections a., c., and k. of section 170".
and (4)mserting Section 1 "70 a. of the Atomic Energy Act of 1954 (42 U.S.C.
2010(a)) is amended-(A)in the first sentence, by striking "subsection 21. of the
' Atomic Energy Act of 1954, as amended" and inserting "section 21.";
(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 senience by striking "subsection 170 a." and inserting "subsection a.".
(6) Section 170 n. of the Atomic Energy Act of 1954 (42 U.S.C.
r 2210(nX1)) is amended in the last sentence by striking "subsec-subsection e.".
tion(7)170 e." and Section 170 o.inserting of the "Atomic Energy Act of 1954 (42 U.S.C 2210(o)) is amended in subparav section 11(dX1) of the bill, by"str raph ing "subpara kraph (3) o'(B),
this as r subsection (o)" and inserting subparagrap (C)'
(c) SunstcTioN CAFr10Ns.-
(1) Section 170 a. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(n)) is amended by inserting after the subsection designa-tion the FOR followin LICENSEES.~'g: "nEqutREMENT OF FINANCIA1.
(2) Section 170 b, of the Atomic Energy Act of 1954 (42 U.S.C.
2210(b)) is amended by inserting abr the subsection designa-tion the following: "AMOUNT AND TYPE OF FINANCIAt, PRoTEC.
TION FOR I ICENSEES. ".
(3) Section 170 c. of the Ktomic Energy Act of 1954 (42 U.S.C.
2210(c)) is amended by insecting after the s4bsection designation I
- the following: "INDEMNIFICdT10N OF LicENsts av NuC1. EAR N
REGULATORY COMMISSION. ".
' ' (4) Section 170 f of the Atomic Energy Act of 1954'(42 U.S.C.
2210(f))is ar.acnded 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 Or 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: "CONDmONS OF AGREEMENTS OF INDEM-NIFICATION. ".
(7) Section 170 j. of the Atomic Energy Act of 1954 (42 U.S.C.
) is amended by inserting after the subsection designation "CONTRACTS IN ADVANCE OF APPROPRIATIONS. ".
2210(j)llowing: 70 k of the Atomic Energy Act of 1954 (
the fo (8) Section 1 .
- 2210(k)) is amended by inserting after the subsection designa-
"hxEMPrlON FROM FINANCIAL PROTECTION tion the following: NONPROFIT EDUCATIONAL INFrlTUTIONS.- ".
REQUIREMENT FOR (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 PROMer SErrLEMENT 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"WAlvERinserting tion the following: Or DEFENSES AND after the subsection desig dUDICIAL PROctoORES. ".
(11)Section 170 p of the Atomic Energy Act of 1954 (42 U.S.C.
is amended by inserting after the subsection designa.
2210(p))
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. Civ!L hlONETARY PENALTIES FOR VIOLATIONS OF contmt,. G USC Wa.
DEPARTMENT OF ENERGY REGULATIONS.-a. Any person who has entered into an agreement of indemniGeation under subsec-tion 170 d. (or any sincontractor 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 inewporated by reference rule 8 by the decretary for pur xces of nuclear t. 'ety, except any) shall regulation, or order issucc by the Secretary of Transportation 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, 1
each day of such violation shall constituto a separato 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.
l "(2) In determining the amount of any civil penalty under this
{- subsection, the Secretary shall taka into account the nature, cir-cumstances, extent, and gravity of the violation or violations and, ability to pay, effect on abilit M with continue respect to the violator, to do business, any history of prior stich violations,y the to i
degree of culpability, and such other matters as justice may require.
In implementing this section, the Secretary shall determine by rule whether nonprout educational institutions should receive automatic n m% inn of nnv nenattv under this section.
m ~ .,.e.
102 STAT: 1082 PUBLIC IAW 100-408--AUG s(i,Ildid >
"c. (1) Before issuing an order assee'stng a civil penalty against any i 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 dayo after the date of receipt of such notice to have t he procedures of paragraph (3)
(in lieu of those of paragraph (2)) apply with respect to such assessment.
"(2)(A) Unless an election is made within thirty calendar days after receipt of notice under paragraph (1) to have paragraph (3) the Secretary shall assess the apply with respect to such penalty, ion of violation has been made penalty, by order, after a determinat on the record after an opportunity for an agency hearing pursuant ,
i to section 554 of title 5, United States Code, before an administrative r
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 aller 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 alTirming, 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).
couru. 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. i ment of the civil penalty. The court shall have authonty to review de novo the law and facts involved, and shall hav jurlsdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assessment. i
"(C) Any election to have this paragraph apply may not be I revoked except with consent of the Secretary.
couru, U.S. "(4)If any person falls to pay an assessment of a civil penalty after ,
it has become a final and unappealable order under para graph (2), >
or after the appropriate district court has entered final jucgmeat in >
favor of the Secretary under paragraph (3), the Secretary shall institute an action to recover tlie amount of such penalty in any ,
ap aro priate district court of the United States. In such action, the va'idi~,y and appropriateness of such final assessment order or judg.
ment shall not be subject to review. '
Schools and "d. The provisions of this section shall not apply to: ,
co!!ccet "(1) The University of Chicago (and any subcontractors or corporations. supplien thereto) for activit es associated with Argonne w- .c A w w dsob *: . -
National
"(2) TheLaborato$y Univers of California (and any subcontractors ori !
suppliers thereto) for activities associated with Los Alamos National Imboratory, Iewrence Livermore National labora-tory, and Iewrence Berkeley National Imboratory; t
- %r.m p.
, y n .qy ", 9%p .~
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PUBLIC LAW 10014081'AUG720,1988I- 102 STAT.10881
"(3) 'Americia'n Telephone an Telegraph Company and 'Its subsidiaries (and any subcontractors or suppliers thereto) for activities associated with Sandia National Laboratories; 1
"(4) Universities Research Association, Inc. (and any sub-1 , contractors or suppliern '. hereto) for activities associated with FERMI National Laboratory;
"(5) Princeton University (and any subcontractors or sup-
? liers thereto) for activities associated with Princeton Plasma
'hy(sics
' 6)The Laboratorybd Associat Universities, Inc. (and any subcontractors or suppliers thereto) for activities associated with the I
Brookhaven National Laboratory; and
"(7) Battelle Memorial Institute (and any subcontractors or suppliers thereto) for activities associated with Pacific North-I west Laboratory.".
SEC.18. CillMINAI. I ENAl, TIES.
l Section 223 of the Atomic Energy Act of 1954, as amended, is 42 Usc 22n.
' further amended by adding a new subsection c. as follows:
"c. Any individual director, officer or employee of a person indem- contracts.
niGed 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 S2cretary for purposes of nuclear i 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
- g. 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 v'olation 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. NEGOTI ATED RUI.E3tAKING ON FINANCIAL, PROTECTION FOR 42 USC 2210 RA D10 Pil A R31 A C EUTI CA l,1,1 C EN S E ES. note.
(a) Ru! EMAKING PROCEEDING.-- Cont racts.
i (1) PURPOSE.-The Nuclear Regulatory Commission (hereafter
, in this section referred to as the "Commission") shall initiato a proceeding,in accordance with the requirements of this section, So determine whether to enter into indemnity agreements l b '
under section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210) with xrsons licensed by the Commission under section 81, 104(a), or LO4(c) of the Atomic Energy Act of la54 (42 U.S.C.
2111,2134(a), and 2134(ci) or by a State under section 274(b) of l the Ato;nic Energy Act of 1954 (42 U.S.C. 2021(b)) for the
, 4 manufacture, production, possession, or use of radioisotopes or l 1 radiopharmaceuticals for medical purposes (hereafter in this section referred to as "radiopharmaceutical licensecs").
(2) FIN AI, DRrERMINATION.-A final determination with .
! respect to whether radiopliarmaceutical licensecs, or any cidss '
l of such licensees, shall be ludemnified pursuant 'to section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) and if so, the terms and conditLons of such indemnification, shall be rendered 1
6
'. 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) NEOorr1ATED RUI.EMAKINO.-
(1) ADMINHrrRATIVE CONFERENCE QUIDRIJNss.-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 provide < by the Administrative l Conference of the United States in Recommendation 82-4, ;
"Procedures for Negotiating Proposed Regulations" (42 Fed.
Reg. 30708, July 15,1982). '
(2) DESIONATION OF CONVENER.-Within 30 days of the date of 1 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 negotiations.
Contracts. (3) SUBMISSION OF RECOMMENDATIONS OF TIIE 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 regarding whether the Commission should enter mto 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 af inkmniDeation agreements with radiopharmaceutical licensees.
(4) PUBIJCATION OF RECOMMENDATIONS AND PROPOSED RUI.E.-
If the convener recommends that such indemnity be arovided for radiopharmaceutical licensees, the Commission shal; publish !
the recommendations of the convener submitted under para. !
graph (3) as a notice of proposed rulemaking within 30 days of the submLssion of such recommendations under such paragraph. :
(5) ADMINISTRATIVE PROCEDURES.-To the extent consistent v'ith the provisions of this Act, the Commission shall conduct i the proceeding required under subsection (a)in accordance with !
section 553 cf title 5, United States Code.
42 USC 2014 SEC. 20. EUECTIVE DATE. I
" (*
(a) Except as provided in subsection (b), the amendments made by !
this Act shall becomo effective on the date of the enactment of this l Act and shall be applicable with respect to nuclear incidents occur- !
ring on or after such date. '
(bX1) The amendments made by section 11 shall apply to nuclear i incidents occurring before, on, or after the date of the enactment of this Act.
l ; . o n,. < . j . 2, .
g ./
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- t te 4
q , .. ,
PUBLIC LAW 100-408-AUG. 20,1988 102 STAT.108-5 ,
i (2XA) Section 234A of the Atomic Energy Act of 1954 shall not '
apply to any violation occurring before the date of the enactment of
, l 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. !
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i bEGIS!,ATIVE lilSTORY-il.R.1414 (S. 748)(S.1565);
i liOUSE ItEPORTS: No. 100-101, Pt.1 (Comm. on interior and insular Affairi), Pt. 9 i j (Comm. on Science, Space, and Technology), and Pt. 3 (Comm. ,,n '
i Energy and Commercel. ,
l SENATE REPOR13: No.100-70 accompanying S. 748 (Comm. on Energy and Wtural i Resources) and bo. 100 218 accompanying S. Id65 Gmm. on .
Environment and Public Works). !
CONGitESSIONAI, RECORD: '
Vol.133 (1987h July 29,30, considered and pnued flouw.
Vol.134 (1988h hf ar.16-18, considered and passW Senate, amendal. -
Aug. 2, llouse concurred in certain Senate amendment with an !
amendment and d.ngreni to others. 1 i Aug. 5, Senate receded and concurred in !!ouw amendment. :
! WEEKl Y C05f Pil.ATION OF PRFSIDENTI A!, DOCU5 TENTS. Vel. 24 (195S1: !
i Aug 22. Prnidentul t.itement 1