To require the Secretary of Energy to submit periodic reports to Congress on whether there is a need for continuation or amendment of the Act.
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Senate amendment proposed (on the floor): Amendment SA 5118 proposed by Senator Frist for Senator Inhofe.(consideration: CR 9/29/2006 S10800; text: CR 9/29/2006 S10800)
September 30, 2006
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Senate amendment proposed (on the floor): Amendment SA 5118 proposed by Senator Frist for Senator Inhofe.(consideration: CR 9/29/2006 S10800; text: CR 9/29/2006 S10800)
September 30, 2006
Senate amendment agreed to: Amendment SA 5118 agreed to in Senate by Unanimous Consent.
September 30, 2006
Amendment SA 5118 proposed by Senator Frist for Senator Inhofe. (consideration: CR 9/29/2006 S10800; text: CR 9/29/2006 S10800) To require the Secretary of Energy to submit periodic reports to Congress on whether there is a need for continuation or amendment of the Act.
September 30, 2006
Amendment SA 5118 agreed to in Senate by Unanimous Consent.
September 30, 2006
Senate amendment submitted
September 29, 2006
Text
Proposed
CONVENTION ON SUPPLEMENTARY COMPENSATION FOR NUCLEAR DAMAGE CONTINGENT
COST ALLOCATION ACT
Mr. FRIST. I ask unanimous consent the Senate proceed to the
immediate consideration of Calendar No. 636, S. 3879.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
A bill (S. 3879) to implement the Convention on
Supplementary Compensation for Nuclear Damage and other
purposes.
There being no objection, the Senate proceeded to consider the bill
(S. 3879), to implement the Convention on Supplementary Compensation
for Nuclear Damage, and for other purposes, which had been reported
from the Committee on Environment and Public Works, with amendments, as
follows:
(The parts of the bill or joint resolution intended to be stricken
are shown in boldface brackets and the parts of the bill or joint
resolution intended to be inserted are shown in italic.)
S. 3879
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Convention on Supplementary
Compensation for Nuclear Damage Contingent Cost Allocation
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210) (commonly known as the ``Price-Anderson Act'')--
(A) provides a predictable legal framework necessary for
nuclear projects; and
(B) ensures prompt and equitable compensation in the event
of a nuclear incident in the United States;
(2) section 170 of that Act, in effect, provides operators
of nuclear powerplants with insurance for damage arising out
of a nuclear incident and funds the insurance primarily
through the assessment of a retrospective premium from each
operator after the occurrence of a nuclear incident;
(3) the Convention on Supplementary Compensation for
Nuclear Damage, done at Vienna on September 12, 1997, will
establish a global system--
(A) to provide a predictable legal framework necessary for
nuclear energy projects; and
(B) to ensure prompt and equitable compensation in the
event of a nuclear incident;
(4) the Convention benefits United States nuclear suppliers
that face potentially unlimited liability for a nuclear
incidents outside the coverage of section 170 of the Atomic
Energy Act of 1954 (42 U.S.C. 2210) by replacing a
potentially open-ended liability with a predictable liability
regime that, in effect, provides nuclear suppliers with
insurance for damage arising out of such an incident;
(5) the Convention also benefits United States nuclear
facility operators that may be publicly liable for a Price-
Anderson incident by providing an additional early source for
a Price-Anderson incident by providing an additional early
source of funds to compensate damage arising out of the
Price-Anderson incident;
(6) the combined operation of the Convention, section 170
of the Atomic Energy Act of 1954 (42 U.S.C. 2210), and this
Act will augment the quantity of assured funds available for
victims in a wider variety of nuclear incidents while
reducing the potential liability of United States suppliers
without increasing potential costs to United States
operators;
(7) the cost of those benefits is the obligation of the
United States to contribute to the supplementary compensation
fund established by the Convention;
(8) any such contribution should be funded in a manner that
neither upsets settled expectations based on the liability
regime established under section 170 of the Atomic Energy Act
of 1954 (42 U.S.C. 2210) nor shifts to Federal taxpayers
liability risks for nuclear incidents at foreign
installations;
(9) with respect to a Price-Anderson incident, funds
already available under section 170 of the Atomic Energy Act
of 1954 (42 U.S.C. 2210) should be used; and
(10) with respect to a nuclear incident outside the United
States not covered by section 170 of the Atomic Energy Act of
1954 (42 U.S.C. 2210), a retrospective premium should be
prorated among nuclear suppliers relieved from potential
liability for which insurance is not available.
(b) Purpose.--The purpose of this Act is to allocate the
contingent costs associated with participation by the United
States in the international nuclear liability compensation
system established by the Convention on Supplementary
Compensation for Nuclear Damage, done at Vienna on September
12, 1997--
[[Page S10799]]
(1) with respect to a Price-Anderson incident, by using
funds made available under section 170 of the Atomic Energy
Act of 1954 (42 U.S.C. 2210) to cover the contingent costs in
a manner that neither increases the burdens nor decreases the
benefits under section 170 of that Act; and
(2) with respect to a covered incident outside the United
States that is not a Price-Anderson incident, by allocating
the contingent costs equitably, on the basis of risk, among
the class of nuclear suppliers relieved by the Convention
from the risk of potential liability resulting from any
covered incident outside the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(2) Contingent cost.--The term ``contingent cost'' means
the cost to the United States in the event of a covered
incident the amount of which is equal to the amount of funds
the United States is obligated to make available under
paragraph 1(b) of Article III of the Convention.
(3) Convention.--The term ``Convention'' means the
Convention on Supplementary Compensation for Nuclear Damage,
done at Vienna on September 12, 1997.
(4) Covered incident.--The term ``covered incident'' means
a nuclear incident the occurrence of which results in a
request for funds pursuant to Article VII of the Convention.
(5) Covered installation.--The term ``covered
installation'' means a nuclear installation at which the
occurrence of a nuclear incident could result in a request
for funds under Article VII of the Convention.
(6) Covered person.--
(A) In general.--The term ``covered person'' means--
(i) a United States person; and
(ii) an individual or entity (including an agency or
instrumentality of a foreign country) that--
(I) is located in the United States; or
(II) carries out an activity in the United States.
(B) Exclusions.--The term ``covered person'' does not
include--
(i) the United States; or
(ii) any agency or instrumentality of the United States.
(7) Nuclear supplier.--The term ``nuclear supplier'' means
a covered person (or a successor in interest of a covered
person) that--
(A) supplies facilities, equipment, fuel, services, or
technology pertaining to the design, construction, operation,
or decommissioning of a covered installation; or
(B) transports nuclear materials that could result in a
covered incident.
(8) Price-anderson incident.--The term ``Price-Anderson
incident'' means a covered incident for which section 170 of
the Atomic Energy Act of 1954 (42 U.S.C. 2210) would make
funds available to compensate for public liability (as
defined in section 11 of that Act (42 U.S.C. 2014)).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) United states.--
(A) In general.--The term ``United States'' has the meaning
given the term in section 11 of the Atomic Energy Act of 1954
(42 U.S.C. 2014).
(B) Inclusions.--The term ``United States'' includes--
(i) the Commonwealth of Puerto Rico;
(ii) any other territory or possession of the United
States;
(iii) the Canal Zone; and
(iv) the waters of the United States territorial sea under
Presidential Proclamation Number 5928, dated December 27,
1988 (43 U.S.C. 1331 note).
(11) United states person.--The term ``United States
person'' means--
(A) any individual who is a resident, national, or citizen
of the United States (other than an individual residing
outside of the United States and employed by a person who is
not a United States person); and
(B) any corporation, partnership, association, joint stock
company, business trust, unincorporated organization, or sole
proprietorship that is organized under the laws of the United
States.
SEC. 4. USE OF PRICE-ANDERSON FUNDS.
(a) In General.--Funds made available under section 170 of
the Atomic Energy Act of 1954 (42 U.S.C. 2210) shall be used
to cover the contingent cost resulting from any Price-
Anderson incident.
(b) Effect.--The use of funds pursuant to subsection (a)
shall not reduce the limitation on public liability
established under section 170 e. of the Atomic Energy Act of
1954 (42 U.S.C. 2210(e)).
SEC. 5. EFFECT ON AMOUNT OF PUBLIC LIABILITY.
(a) In General.--Funds made available to the United States
under Article VII of the Convention with respect to a Price-
Anderson incident shall be used to satisfy public liability
resulting from the Price-Anderson incident.
(b) Amount.--The amount of public liability allowable under
section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210)
relating to a Price-Anderson incident under subsection (a)
shall be increased by an amount equal to the difference
between--
(1) the amount of funds made available for the Price-
Anderson incident under Article VII of the Convention; and
(2) the amount of funds used under section 4 to cover the
contingent cost resulting from the Price-Anderson incident.
SEC. 6. RETROSPECTIVE RISK POOLING PROGRAM.
(a) In General.--Except as provided in subsection (b), each
nuclear supplier shall participate in a retrospective risk
pooling program in accordance with this Act to cover the
contingent cost resulting from a covered incident outside the
United States that is not a Price-Anderson incident.
(b) Deferred Payment.--
(1) In general.--The obligation of a nuclear supplier to
participate in the retrospective risk pooling program shall
be deferred until the United States is called on to provide
funds pursuant to Article VII of the Convention with respect
to a covered incident that is not a Price-Anderson incident.
(2) Amount of deferred payment.--The amount of a deferred
payment of a nuclear supplier under paragraph (1) shall be
based on the risk-informed assessment formula determined
under paragraph (3).
(3) Risk-informed assessment formula.--
(A) In general.--[The] Not later than 3 years after the
date of enactment of this Act, and every 5 years thereafter,
the Secretary shall, by regulation, determine the risk-
informed assessment formula for the allocation among nuclear
suppliers of the contingent cost resulting from a covered
incident that is not a Price-Anderson incident, taking into
account risk factors such as--
(i) the nature and intended purpose of the goods and
services supplied by each nuclear supplier to each covered
installation outside the United States;
(ii) the quantity of the goods and services supplied by
each nuclear supplier to each covered installation outside
the United States;
(iii) the hazards associated with the supplied goods and
services if the goods and services fail to achieve the
intended purposes;
(iv) the hazards associated with the covered installation
outside the United States to which the goods and services are
supplied;
(v) the legal, regulatory, and financial infrastructure
associated with the covered installation outside the United
States to which the goods and services are supplied; and
(vi) the hazards associated with particular forms of
transportation.
(B) Factors for consideration.--In determining the formula,
the Secretary may--
(i) exclude--
(I) goods and services with negligible risk;
(II) classes of goods and services not intended
specifically for use in a nuclear installation;
(III) a nuclear supplier with a de minimis share of the
contingent cost; and
(IV) a nuclear supplier no longer in existence for which
there is no identifiable successor; and
(ii) establish the period on which the risk assessment is
based.
(C) Application.--In applying the formula, the Secretary
shall not consider any covered installation or transportation
for which funds would be available under section 170 of the
Atomic Energy Act of 1954 (42 U.S.C. 2210).
(D) Report.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report on whether there is a need for
continuation or amendment of this Act, taking into account
the effects of the implementation of the Convention on the
United States nuclear industry and suppliers.
SEC. 7. REPORTING.
(a) Collection of Information.--
(1) In general.--The Secretary may collect information
necessary for developing and implementing the formula for
calculating the deferred payment of a nuclear supplier under
section 6(b).
(2) Provision of information.--Each nuclear supplier and
other appropriate persons shall make available to the
Secretary such information, reports, records, documents, and
other data as the Secretary determines, by regulation, to be
necessary or appropriate to develop and implement the formula
under section 6(b)(3).
(b) Private Insurance.--The Secretary shall make available
to nuclear suppliers, and insurers of nuclear suppliers,
information to support the voluntary establishment and
maintenance of private insurance against any risk for which
nuclear suppliers may be required to pay deferred payments
under this Act.
SEC. 8. EFFECT ON LIABILITY.
Nothing in any other law (including regulations) limits
liability for a covered incident to an amount equal to less
than the amount prescribed in paragraph 1(a) of Article IV of
the Convention, unless the law--
(1) specifically refers to this Act; and
(2) explicitly repeals, alters, amends, modifies, impairs,
displaces, or supersedes the effect of this section.
SEC. 9. PAYMENTS TO AND BY THE UNITED STATES.
(a) Action by Nuclear Suppliers.--
(1) Notification.--In the case of a request for funds under
Article VII of the Convention resulting from a covered
incident that is not a Price-Anderson incident, the Secretary
shall notify each nuclear supplier of the amount of the
deferred payment required to be made by the nuclear supplier.
(2) Payments.--
(A) In general.--Except as provided in subparagraph (B),
not later than 60 days after receipt of a notification under
paragraph (1), a nuclear supplier shall pay to the
[[Page S10800]]
general fund of the Treasury the deferred payment of the
nuclear supplier required under paragraph (1).
(B) Annual payments.--A nuclear supplier may elect to
prorate payment of the deferred payment required under
paragraph (1) in 5 equal annual payments (including interest
on the unpaid balance at the prime rate prevailing at the
time the first payment is due).
(3) Vouchers.--A nuclear supplier shall submit payment
certification vouchers to the Secretary of the Treasury in
accordance with section 3325 of title 31, United States Code.
(b) Use of Funds.--
(1) In general.--Amounts paid into the Treasury under
subsection (a) shall be available to the Secretary of the
Treasury, without further appropriation and without fiscal
year limitation, for the purpose of making the contributions
of public funds required to be made by the United States
under the Convention.
(2) Action by secretary of treasury.--The Secretary of the
Treasury shall pay the contribution required under the
Convention to the court of competent jurisdiction under
Article XIII of the Convention with respect to the applicable
covered incident.
(c) Failure to Pay.--If a nuclear supplier fails to make a
payment required under this section, the Secretary may take
appropriate action to recover from the nuclear supplier--
(1) the amount of the payment due from the nuclear
supplier;
(2) any applicable interest on the payment; and
(3) a penalty of not more than twice the amount of the
deferred payment due from the nuclear supplier.
SEC. 10. LIMITATION ON JUDICIAL REVIEW; CAUSE OF ACTION.
(a) Limitation on Judicial Review.--
(1) In general.--In any civil action arising under the
Convention over which Article XIII of the Convention grants
jurisdiction to the courts of the United States, any appeal
or review by writ of mandamus or otherwise with respect to a
nuclear incident that is not a Price-Anderson incident shall
be in accordance with chapter 83 of title 28, United States
Code, except that the appeal or review shall occur in the
United States Court of Appeals for the District of Columbia
Circuit.
(2) Supreme court jurisdiction.--Nothing in this subsection
affects the jurisdiction of the Supreme Court of the United
States under chapter 81 of title 28, United States Code.
(b) Cause of Action.--
(1) In general.--Subject to paragraph (2), in any civil
action arising under the Convention over which Article XIII
of the Convention grants jurisdiction to the courts of the
United States, in addition to any other cause of action that
may exist, an individual or entity shall have a cause of
action against the operator to recover for nuclear damage
suffered by the individual or entity.
(2) Requirement.--Paragraph (1) shall apply only if the
individual or entity seeks a remedy for nuclear damage (as
defined in Article I of the Convention) that was caused by a
nuclear incident (as defined in Article I of the Convention)
that is not a Price-Anderson incident.
(3) Effect of subsection.--Nothing in this subsection
limits, modifies, extinguishes, or otherwise affects any
cause of action that would have existed in the absence of
enactment of this subsection.
SEC. 11. RIGHT OF RECOURSE.
This Act does not provide to an operator of a covered
installation any right of recourse under the Convention.
SEC. 12. PROTECTION OF SENSITIVE UNITED STATES INFORMATION.
Nothing in the Convention or this Act requires the
disclosure of--
(1) any data that, at any time, was Restricted Data (as
defined in section 11 of the Atomic Energy Act of 1954 (42
U.S.C. 2014));
(2) information relating to intelligence sources or methods
protected by section 102A(i) of the National Security Act of
1947 (50 U.S.C. 403-1(i)); or
(3) national security information classified under
Executive Order 12958 (50 U.S.C. 435 note; relating to
classified national security information) (or a successor
regulation).
SEC. 13. REGULATIONS.
(a) In General.--The Secretary or the Commission, as
appropriate, may prescribe regulations to carry out section
170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) and
this Act.
(b) Requirement.--Rules prescribed under this section shall
ensure, to the maximum extent practicable, that--
(1) the implementation of section 170 of the Atomic Energy
Act of 1954 (42 U.S.C. 2210) and this Act is consistent and
equitable; and
(2) the financial and operational burden on a Commission
licensee in complying with section 170 of that Act is not
greater as a result of the enactment of this Act.
(c) Applicability of Provision.--Section 553 of title 5,
United States Code, shall apply with respect to the
promulgation of regulations under this section.
(d) Effect of Section.--The authority provided under this
section is in addition to, and does not impair or otherwise
affect, any other authority of the Secretary or the
Commission to prescribe regulations.
SEC. 14. EFFECTIVE DATE.
This Act takes effect on the date on which the Convention
enters into force for the United States under Article XX of
the Convention.
Mr. FRIST. I ask unanimous consent that the amendment at the desk be
agreed to, the committee-reported amendments as amended, if amended, be
agreed to, the bill as amended be read a third time and passed, the
motion to reconsider be laid on the table, and any statements be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5118) was agreed to, as follows:
(Purpose: To require the Secretary of Energy to submit periodic reports
to Congress on whether there is a need for continuation or amendment of
the Act)
On page 13, line 2, insert ``and every 5 years thereafter''
after ``Act''.
The committee amendments were agreed to.
The bill (S. 3879), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 3879
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Convention on Supplementary
Compensation for Nuclear Damage Contingent Cost Allocation
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210) (commonly known as the ``Price-Anderson Act'')--
(A) provides a predictable legal framework necessary for
nuclear projects; and
(B) ensures prompt and equitable compensation in the event
of a nuclear incident in the United States;
(2) section 170 of that Act, in effect, provides operators
of nuclear powerplants with insurance for damage arising out
of a nuclear incident and funds the insurance primarily
through the assessment of a retrospective premium from each
operator after the occurrence of a nuclear incident;
(3) the Convention on Supplementary Compensation for
Nuclear Damage, done at Vienna on September 12, 1997, will
establish a global system--
(A) to provide a predictable legal framework necessary for
nuclear energy projects; and
(B) to ensure prompt and equitable compensation in the
event of a nuclear incident;
(4) the Convention benefits United States nuclear suppliers
that face potentially unlimited liability for a nuclear
incidents outside the coverage of section 170 of the Atomic
Energy Act of 1954 (42 U.S.C. 2210) by replacing a
potentially open-ended liability with a predictable liability
regime that, in effect, provides nuclear suppliers with
insurance for damage arising out of such an incident;
(5) the Convention also benefits United States nuclear
facility operators that may be publicly liable for a Price-
Anderson incident by providing an additional early source for
a Price-Anderson incident by providing an additional early
source of funds to compensate damage arising out of the
Price-Anderson incident;
(6) the combined operation of the Convention, section 170
of the Atomic Energy Act of 1954 (42 U.S.C. 2210), and this
Act will augment the quantity of assured funds available for
victims in a wider variety of nuclear incidents while
reducing the potential liability of United States suppliers
without increasing potential costs to United States
operators;
(7) the cost of those benefits is the obligation of the
United States to contribute to the supplementary compensation
fund established by the Convention;
(8) any such contribution should be funded in a manner that
neither upsets settled expectations based on the liability
regime established under section 170 of the Atomic Energy Act
of 1954 (42 U.S.C. 2210) nor shifts to Federal taxpayers
liability risks for nuclear incidents at foreign
installations;
(9) with respect to a Price-Anderson incident, funds
already available under section 170 of the Atomic Energy Act
of 1954 (42 U.S.C. 2210) should be used; and
(10) with respect to a nuclear incident outside the United
States not covered by section 170 of the Atomic Energy Act of
1954 (42 U.S.C. 2210), a retrospective premium should be
prorated among nuclear suppliers relieved from potential
liability for which insurance is not available.
(b) Purpose.--The purpose of this Act is to allocate the
contingent costs associated with participation by the United
States in the international nuclear liability compensation
system established by the Convention on Supplementary
Compensation for Nuclear Damage, done at Vienna on September
12, 1997--
(1) with respect to a Price-Anderson incident, by using
funds made available under section 170 of the Atomic Energy
Act of 1954 (42 U.S.C. 2210) to cover the contingent costs in
a manner that neither increases the burdens nor decreases the
benefits under section 170 of that Act; and
(2) with respect to a covered incident outside the United
States that is not a Price-
[[Page S10801]]
Anderson incident, by allocating the contingent costs
equitably, on the basis of risk, among the class of nuclear
suppliers relieved by the Convention from the risk of
potential liability resulting from any covered incident
outside the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(2) Contingent cost.--The term ``contingent cost'' means
the cost to the United States in the event of a covered
incident the amount of which is equal to the amount of funds
the United States is obligated to make available under
paragraph 1(b) of Article III of the Convention.
(3) Convention.--The term ``Convention'' means the
Convention on Supplementary Compensation for Nuclear Damage,
done at Vienna on September 12, 1997.
(4) Covered incident.--The term ``covered incident'' means
a nuclear incident the occurrence of which results in a
request for funds pursuant to Article VII of the Convention.
(5) Covered installation.--The term ``covered
installation'' means a nuclear installation at which the
occurrence of a nuclear incident could result in a request
for funds under Article VII of the Convention.
(6) Covered person.--
(A) In general.--The term ``covered person'' means--
(i) a United States person; and
(ii) an individual or entity (including an agency or
instrumentality of a foreign country) that--
(I) is located in the United States; or
(II) carries out an activity in the United States.
(B) Exclusions.--The term ``covered person'' does not
include--
(i) the United States; or
(ii) any agency or instrumentality of the United States.
(7) Nuclear supplier.--The term ``nuclear supplier'' means
a covered person (or a successor in interest of a covered
person) that--
(A) supplies facilities, equipment, fuel, services, or
technology pertaining to the design, construction, operation,
or decommissioning of a covered installation; or
(B) transports nuclear materials that could result in a
covered incident.
(8) Price-anderson incident.--The term ``Price-Anderson
incident'' means a covered incident for which section 170 of
the Atomic Energy Act of 1954 (42 U.S.C. 2210) would make
funds available to compensate for public liability (as
defined in section 11 of that Act (42 U.S.C. 2014)).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) United states.--
(A) In general.--The term ``United States'' has the meaning
given the term in section 11 of the Atomic Energy Act of 1954
(42 U.S.C. 2014).
(B) Inclusions.--The term ``United States'' includes--
(i) the Commonwealth of Puerto Rico;
(ii) any other territory or possession of the United
States;
(iii) the Canal Zone; and
(iv) the waters of the United States territorial sea under
Presidential Proclamation Number 5928, dated December 27,
1988 (43 U.S.C. 1331 note).
(11) United states person.--The term ``United States
person'' means--
(A) any individual who is a resident, national, or citizen
of the United States (other than an individual residing
outside of the United States and employed by a person who is
not a United States person); and
(B) any corporation, partnership, association, joint stock
company, business trust, unincorporated organization, or sole
proprietorship that is organized under the laws of the United
States.
SEC. 4. USE OF PRICE-ANDERSON FUNDS.
(a) In General.--Funds made available under section 170 of
the Atomic Energy Act of 1954 (42 U.S.C. 2210) shall be used
to cover the contingent cost resulting from any Price-
Anderson incident.
(b) Effect.--The use of funds pursuant to subsection (a)
shall not reduce the limitation on public liability
established under section 170 e. of the Atomic Energy Act of
1954 (42 U.S.C. 2210(e)).
SEC. 5. EFFECT ON AMOUNT OF PUBLIC LIABILITY.
(a) In General.--Funds made available to the United States
under Article VII of the Convention with respect to a Price-
Anderson incident shall be used to satisfy public liability
resulting from the Price-Anderson incident.
(b) Amount.--The amount of public liability allowable under
section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210)
relating to a Price-Anderson incident under subsection (a)
shall be increased by an amount equal to the difference
between--
(1) the amount of funds made available for the Price-
Anderson incident under Article VII of the Convention; and
(2) the amount of funds used under section 4 to cover the
contingent cost resulting from the Price-Anderson incident.
SEC. 6. RETROSPECTIVE RISK POOLING PROGRAM.
(a) In General.--Except as provided in subsection (b), each
nuclear supplier shall participate in a retrospective risk
pooling program in accordance with this Act to cover the
contingent cost resulting from a covered incident outside the
United States that is not a Price-Anderson incident.
(b) Deferred Payment.--
(1) In general.--The obligation of a nuclear supplier to
participate in the retrospective risk pooling program shall
be deferred until the United States is called on to provide
funds pursuant to Article VII of the Convention with respect
to a covered incident that is not a Price-Anderson incident.
(2) Amount of deferred payment.--The amount of a deferred
payment of a nuclear supplier under paragraph (1) shall be
based on the risk-informed assessment formula determined
under paragraph (3).
(3) Risk-informed assessment formula.--
(A) In general.--Not later than 3 years after the date of
enactment of this Act, and every 5 years thereafter, the
Secretary shall, by regulation, determine the risk-informed
assessment formula for the allocation among nuclear suppliers
of the contingent cost resulting from a covered incident that
is not a Price-Anderson incident, taking into account risk
factors such as--
(i) the nature and intended purpose of the goods and
services supplied by each nuclear supplier to each covered
installation outside the United States;
(ii) the quantity of the goods and services supplied by
each nuclear supplier to each covered installation outside
the United States;
(iii) the hazards associated with the supplied goods and
services if the goods and services fail to achieve the
intended purposes;
(iv) the hazards associated with the covered installation
outside the United States to which the goods and services are
supplied;
(v) the legal, regulatory, and financial infrastructure
associated with the covered installation outside the United
States to which the goods and services are supplied; and
(vi) the hazards associated with particular forms of
transportation.
(B) Factors for consideration.--In determining the formula,
the Secretary may--
(i) exclude--
(I) goods and services with negligible risk;
(II) classes of goods and services not intended
specifically for use in a nuclear installation;
(III) a nuclear supplier with a de minimis share of the
contingent cost; and
(IV) a nuclear supplier no longer in existence for which
there is no identifiable successor; and
(ii) establish the period on which the risk assessment is
based.
(C) Application.--In applying the formula, the Secretary
shall not consider any covered installation or transportation
for which funds would be available under section 170 of the
Atomic Energy Act of 1954 (42 U.S.C. 2210).
(D) Report.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report on whether there is a need for
continuation or amendment of this Act, taking into account
the effects of the implementation of the Convention on the
United States nuclear industry and suppliers.
SEC. 7. REPORTING.
(a) Collection of Information.--
(1) In general.--The Secretary may collect information
necessary for developing and implementing the formula for
calculating the deferred payment of a nuclear supplier under
section 6(b).
(2) Provision of information.--Each nuclear supplier and
other appropriate persons shall make available to the
Secretary such information, reports, records, documents, and
other data as the Secretary determines, by regulation, to be
necessary or appropriate to develop and implement the formula
under section 6(b)(3).
(b) Private Insurance.--The Secretary shall make available
to nuclear suppliers, and insurers of nuclear suppliers,
information to support the voluntary establishment and
maintenance of private insurance against any risk for which
nuclear suppliers may be required to pay deferred payments
under this Act.
SEC. 8. EFFECT ON LIABILITY.
Nothing in any other law (including regulations) limits
liability for a covered incident to an amount equal to less
than the amount prescribed in paragraph 1(a) of Article IV of
the Convention, unless the law--
(1) specifically refers to this Act; and
(2) explicitly repeals, alters, amends, modifies, impairs,
displaces, or supersedes the effect of this section.
SEC. 9. PAYMENTS TO AND BY THE UNITED STATES.
(a) Action by Nuclear Suppliers.--
(1) Notification.--In the case of a request for funds under
Article VII of the Convention resulting from a covered
incident that is not a Price-Anderson incident, the Secretary
shall notify each nuclear supplier of the amount of the
deferred payment required to be made by the nuclear supplier.
(2) Payments.--
(A) In general.--Except as provided in subparagraph (B),
not later than 60 days after receipt of a notification under
paragraph (1), a nuclear supplier shall pay to the general
fund of the Treasury the deferred payment of the nuclear
supplier required under paragraph (1).
(B) Annual payments.--A nuclear supplier may elect to
prorate payment of the deferred payment required under
paragraph (1) in 5 equal annual payments (including interest
on the unpaid balance at the prime rate prevailing at the
time the first payment is due).
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(3) Vouchers.--A nuclear supplier shall submit payment
certification vouchers to the Secretary of the Treasury in
accordance with section 3325 of title 31, United States Code.
(b) Use of Funds.--
(1) In general.--Amounts paid into the Treasury under
subsection (a) shall be available to the Secretary of the
Treasury, without further appropriation and without fiscal
year limitation, for the purpose of making the contributions
of public funds required to be made by the United States
under the Convention.
(2) Action by secretary of treasury.--The Secretary of the
Treasury shall pay the contribution required under the
Convention to the court of competent jurisdiction under
Article XIII of the Convention with respect to the applicable
covered incident.
(c) Failure To Pay.--If a nuclear supplier fails to make a
payment required under this section, the Secretary may take
appropriate action to recover from the nuclear supplier--
(1) the amount of the payment due from the nuclear
supplier;
(2) any applicable interest on the payment; and
(3) a penalty of not more than twice the amount of the
deferred payment due from the nuclear supplier.
SEC. 10. LIMITATION ON JUDICIAL REVIEW; CAUSE OF ACTION.
(a) Limitation on Judicial Review.--
(1) In general.--In any civil action arising under the
Convention over which Article XIII of the Convention grants
jurisdiction to the courts of the United States, any appeal
or review by writ of mandamus or otherwise with respect to a
nuclear incident that is not a Price-Anderson incident shall
be in accordance with chapter 83 of title 28, United States
Code, except that the appeal or review shall occur in the
United States Court of Appeals for the District of Columbia
Circuit.
(2) Supreme court jurisdiction.--Nothing in this subsection
affects the jurisdiction of the Supreme Court of the United
States under chapter 81 of title 28, United States Code.
(b) Cause of Action.--
(1) In general.--Subject to paragraph (2), in any civil
action arising under the Convention over which Article XIII
of the Convention grants jurisdiction to the courts of the
United States, in addition to any other cause of action that
may exist, an individual or entity shall have a cause of
action against the operator to recover for nuclear damage
suffered by the individual or entity.
(2) Requirement.--Paragraph (1) shall apply only if the
individual or entity seeks a remedy for nuclear damage (as
defined in Article I of the Convention) that was caused by a
nuclear incident (as defined in Article I of the Convention)
that is not a Price-Anderson incident.
(3) Effect of subsection.--Nothing in this subsection
limits, modifies, extinguishes, or otherwise affects any
cause of action that would have existed in the absence of
enactment of this subsection.
SEC. 11. RIGHT OF RECOURSE.
This Act does not provide to an operator of a covered
installation any right of recourse under the Convention.
SEC. 12. PROTECTION OF SENSITIVE UNITED STATES INFORMATION.
Nothing in the Convention or this Act requires the
disclosure of--
(1) any data that, at any time, was Restricted Data (as
defined in section 11 of the Atomic Energy Act of 1954 (42
U.S.C. 2014));
(2) information relating to intelligence sources or methods
protected by section 102A(i) of the National Security Act of
1947 (50 U.S.C. 403-1(i)); or
(3) national security information classified under
Executive Order 12958 (50 U.S.C. 435 note; relating to
classified national security information) (or a successor
regulation).
SEC. 13. REGULATIONS.
(a) In General.--The Secretary or the Commission, as
appropriate, may prescribe regulations to carry out section
170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) and
this Act.
(b) Requirement.--Rules prescribed under this section shall
ensure, to the maximum extent practicable, that--
(1) the implementation of section 170 of the Atomic Energy
Act of 1954 (42 U.S.C. 2210) and this Act is consistent and
equitable; and
(2) the financial and operational burden on a Commission
licensee in complying with section 170 of that Act is not
greater as a result of the enactment of this Act.
(c) Applicability of Provision.--Section 553 of title 5,
United States Code, shall apply with respect to the
promulgation of regulations under this section.
(d) Effect of Section.--The authority provided under this
section is in addition to, and does not impair or otherwise
affect, any other authority of the Secretary or the
Commission to prescribe regulations.
SEC. 14. EFFECTIVE DATE.
This Act takes effect on the date on which the Convention
enters into force for the United States under Article XX of
the Convention.
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