42 U.S.C. 2210: Indemnification and limitation of liability

2024

• Pub. L. 118–47, §107(a), substituted "December 31, 2065" for "December 31, 2025" wherever appearing. (Further Consolidated Appropriations Act, 2024) Law text
• Pub. L. 118–47, §107(b)(1), substituted "$2,000,000,000" for "$500,000,000". (Further Consolidated Appropriations Act, 2024) Law text · (d)
• Pub. L. 118–47, §107(b)(2), substituted "$2,000,000,000" for "$500,000,000". (Further Consolidated Appropriations Act, 2024) Law text · (e)
• Pub. L. 118–47, §107(c), substituted "December 31, 2061" for "December 31, 2021". (Further Consolidated Appropriations Act, 2024) Law text · (p)

2022

• Pub. L. 117–286, §4(a)(260)(A), substituted "chapter 10 of title 5" for "the Federal Advisory Committee Act (5 U.S.C. App.)". Law text · (l)
• Pub. L. 117–286, §4(a)(260)(B)(i), substituted "title 5." for "the Federal Advisory Committee Act (5 U.S.C. App.) and title 5." Law text · (l)
• Pub. L. 117–286, §4(a)(260)(B)(ii), substituted "chapter 10 of title 5" for "the Federal Advisory Committee Act (5 U.S.C. App.)". Law text · (l), (F)

2005

• Pub. L. 109–58, §603(1), substituted "$95,800,000" for "$63,000,000" and "$15,000,000 in any 1 year (subject to adjustment for inflation under subsection (t))" for "$10,000,000 in any 1 year" in second proviso of third sentence. (Energy Policy Act of 2005) Law text · (b)
• Pub. L. 109–58, §608, added par. (5). (Energy Policy Act of 2005) Law text · (b)
• Pub. L. 109–58, §602(a), substituted "licensees" for "licenses" in heading and substituted "December 31, 2025" for "December 31, 2003" in text wherever appearing. (Energy Policy Act of 2005) Law text · (c)
• Pub. L. 109–58, §602(b), substituted "December 31, 2025" for "December 31, 2006". (Energy Policy Act of 2005) Law text · (d)
• Pub. L. 109–58, §604(a), added par. (2) and struck out former par. (2) which read as follows: "In agreements of indemnification entered into under paragraph (1), the Secretary may require the contractor to provide and maintain financial protection of such a type and in such amounts … (Energy Policy Act of 2005) Law text · (d)
• Pub. L. 109–58, §604(b), added par. (3) and struck out former par. (3) which read as follows: (Energy Policy Act of 2005) Law text · (d)
• Pub. L. 109–58, §605(a), substituted "$500,000,000" for "$100,000,000". (Energy Policy Act of 2005) Law text · (d)
• Pub. L. 109–58, §604(c), struck out "the maximum amount of financial protection required under subsection (b) or" before "the amount of indemnity" and substituted "paragraph (2) of subsection (d)" for "paragraph (3) of subsection (d), whichever amount is more". (Energy Policy Act of 2005) Law text · (e)
• Pub. L. 109–58, §605(b), substituted "$500,000,000" for "$100,000,000". (Energy Policy Act of 2005) Law text · (e)
• Pub. L. 109–58, §602(c), substituted "December 31, 2025" for "August 1, 2002" wherever appearing. (Energy Policy Act of 2005) Law text · (k)
• Pub. L. 109–58, §606, substituted "December 31, 2021" for "August 1, 1998". (Energy Policy Act of 2005) Law text · (p)
• Pub. L. 109–58, §603(2), inserted "total and annual" before "standard deferred premium" in introductory provisions and substituted "August 20, 2003" for "August 20, 1988" in introductory provisions and subpar. (A). (Energy Policy Act of 2005) Law text · (t)
• Pub. L. 109–58, §607, added par. (2) and redesignated former par. (2) as (3). (Energy Policy Act of 2005) Law text · (t), (3)

2004

• Pub. L. 108–375 substituted "until December 31, 2006" for "until December 31, 2004". (Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005) Law text · (d)

2003

• Pub. L. 108–7 substituted "December 31, 2003" for "August 1, 2002" wherever appearing. (Consolidated Appropriations Resolution, 2003) Law text · (c)

2002

• Pub. L. 107–314 substituted "until December 31, 2004," for "until August 1, 2002,". (Bob Stump National Defense Authorization Act for Fiscal Year 2003) Law text · (d)

1998

• Pub. L. 105–362 struck out par. (1) designation and struck out par. (2) which read as follows: "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 … (Federal Reports Elimination Act of 1998) Law text · (p)

1988

• Pub. L. 100–408, §16(e)(1), inserted "Requirement of financial protection for licensees" as heading. · (a)
• Pub. L. 100–408, §16(d)(4), substituted "section 2i." for "subsection 2i. of the Atomic Energy Act of 1954, as amended", "subsection b." for "subsection 170b.", and "subsection c." for "subsection 170c.", which for purposes of codification were translated as "section 2012(i) of this title", "subsec… · (a)
• Pub. L. 100–408, §16(a)(2), substituted "the Nuclear Regulatory Commission (in this section referred to as the 'Commission') in the exercise" for "the Commission in the exercise". · (a)
• Pub. L. 100–408, §16(e)(2), inserted "Amount and type of financial protection for licensees" as heading. · (b)
• Pub. L. 100–408, §2(a)–(c)(3), inserted par. (1) designation, inserted "primary" after "The amount of", "the amount of", "Such", and "of such", redesignated cls. (1) to (3) as (A) to (C), inserted "(excluding the amount of private liability insurance available under the industry ret… · (b)
• Pub. L. 100–408, §2(c)(4), added par. (2). · (b)
• Pub. L. 100–408, §2(d)(1), inserted par. (3) designation. · (b)
• Pub. L. 100–408, §2(d)(2), added par. (4). · (b)
• Pub. L. 100–408, §16(e)(3), inserted "Indemnification of licenses by Nuclear Regulatory Commission" as heading. · (c)
• Pub. L. 100–408, §3, substituted "August 1, 2002" for "August 1, 1987" wherever appearing. · (c)
• Pub. L. 100–408, §4(a), inserted "Indemnification of contractors by Department of Energy" as heading and completely revised and expanded subsec. (d), changing its structure from a single unnumbered subsection to one consisting of seven numbered paragraphs. · (d)
• Pub. L. 100–408, §6, inserted "Limitation on aggregate public liability" as heading and completely revised and expanded subsec. (e), changing its structure from a single unnumbered subsection to one consisting of four numbered paragraphs. · (e)
• Pub. L. 100–408, §16(e)(4), inserted "Collection of fees by Nuclear Regulatory Commission" as heading. · (f)
• Pub. L. 100–408, §16(b)(3), inserted "or the Secretary, as appropriate," in two places. · (f)
• Pub. L. 100–408, §16(e)(5), inserted "Use of services of private insurers" as heading. · (g)
• Pub. L. 100–408, §16(c)(1), substituted "section 3709 of the Revised Statutes (41 U.S.C. 5)" for "section 3709 of the Revised Statutes", which for purposes of codification was translated as "section 5 of title 41", thus requiring no change in text. · (g)
• Pub. L. 100–408, §16(b)(4), inserted "or the Secretary, as appropriate," after "Commission", wherever appearing. · (g)
• Pub. L. 100–408, §16(e)(6), inserted "Conditions of agreements of indemnification" as heading. · (h)
• Pub. L. 100–408, §16(b)(4), inserted "or the Secretary, as appropriate," after "Commission", wherever appearing. · (h)
• Pub. L. 100–408, §7(a), inserted "Compensation plans" as heading and completely revised and expanded subsec. (i), changing its structure from a single unnumbered subsection to one consisting of six numbered paragraphs. · (i)
• Pub. L. 100–408, §16(e)(7), inserted "Contracts in advance of appropriations" as heading. · (j)
• Pub. L. 100–408, §16(c)(2), substituted "sections 1341, 1342, 1349, 1350, and 1351, and subchapter II of chapter 15, of title 31" for "section 3679 of the Revised Statutes, as amended". · (j)
• Pub. L. 100–408, §16(b)(4), inserted "or the Secretary, as appropriate,". · (j)
• Pub. L. 100–408, §16(e)(8), inserted "Exemption from financial protection requirement for nonprofit educational institutions" as heading. · (k)
• Pub. L. 100–408, §16(d)(5), in introductory provisions substituted "subsection a" for "subsection 170a", which for purposes of codification was translated as "subsection (a)", thus requiring no change in text. · (k)
• Pub. L. 100–408, §8(1), substituted "August 1, 2002" for "August 1, 1987", wherever appearing in introductory and closing provisions. · (k)
• Pub. L. 100–408, §8(2), substituted "including such legal costs of the licensee as are approved by the Commission" for "excluding cost of investigating and settling claims and defending suits for damage". · (k)
• Pub. L. 100–408, §9, inserted "Presidential commission on catastrophic nuclear accidents" as heading and completely revised and expanded subsec. (l), changing its structure from a single unnumbered subsection to one consisting of six numbered paragraphs. · (l)
• Pub. L. 100–408, §16(e)(9), inserted "Coordinated procedures for prompt settlement of claims and emergency assistance" as heading. · (m)
• Pub. L. 100–408, §16(b)(4), inserted "or the Secretary, as appropriate," after "Commission" wherever appearing. · (m)
• Pub. L. 100–408, §16(e)(10), inserted "Waiver of defenses and judicial procedures" as heading. · (n)
• Pub. L. 100–408, §§10, 16(b)(5)(A), (d)(6), redesignated existing subpars. (a), (b), and (c) as (A), (B), and (C), respectively, added subpars. (D), (E), and (F), substituted "a Department of Energy contractor" for "a Commission contractor" in subpar. (C), and, in closing provisions… · (n)
• Pub. L. 100–408, §16(b)(5)(B), inserted "or the Secretary, as appropriate" after "Commission". · (n)
• Pub. L. 100–408, §11(a), substituted "a nuclear incident" for "an extraordinary nuclear occurrence" in two places and "the nuclear incident" for "the extraordinary nuclear occurrence", and inserted "(including any such action pending on August 20, 1988)", and "In any action that is or becomes remov… · (n)
• Pub. L. 100–408, §11(c), added par. (3). · (n)
• Pub. L. 100–408, §11(d)(1), inserted "Plan for distribution of funds" as heading, designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and added subpars. (D) and (E) and par. (2). · (o)
• Pub. L. 100–408, §7(b)(1), substituted "the applicable limit of liability under subparagraph (A), (B), or (C) of subsection (e)(1)" for "subsection (e)" in introductory provisions. · (o)
• Pub. L. 100–408, §16(d)(7), substituted "subparagraph (C)" for "subparagraph (3) of this subsection (o)". · (o)
• Pub. L. 100–408, §16(b)(6), inserted "or the Secretary, as appropriate," after first reference to "Commission" and "or the Secretary as appropriate" after second reference to "Commission". · (o)
• Pub. L. 100–408, §7(b)(2), struck out par. (4) which read as follows: "The Commission shall, within ninety days after a court shall have made such determination, deliver to the Joint Committee a supplement to the report prepared in accordance with subsection (i) of this section sett… · (o)
• Pub. L. 100–408, §16(e)(11), inserted "Reports to Congress" as heading. · (p)
• Pub. L. 100–408, §12, designated existing provisions as par. (1), substituted "and the Secretary shall submit to the Congress by August 1, 1998, detailed reports" for "shall submit to the Congress by August 1, 1983, a detailed report", and added par. (2). · (p)
• Pub. L. 100–408, §5(c), added subsec. (q). · (q)
• Pub. L. 100–408, §13, added subsec. (r). · (r)
• Pub. L. 100–408, §14, added subsec. (s). · (s)
• Pub. L. 100–408, §15, added subsec. (t). · (t)

1975

• Pub. L. 94–197, §2, inserted provision relating to the public purposes cited in section 2012(i) of this title and "in the exercise of its licensing and regulatory authority and responsibility" after "as the Commission", and substituted "required, it may" for "required, it shall". · (a)
• Pub. L. 94–197, §3, inserted requirement that for facilities having a rated capacity of 100,000 electrical kilowatts or more, the amount of financial protection required shall be at a reasonable cost and on reasonable terms, and requirement that financial protection be subject to such … · (b)
• Pub. L. 94–197, §4, substituted "and August 1, 1987, for which it requires financial protection of less than $560,000,000," for "and August 1, 1977, for which it requires financial protection,", "excluding" for "including the reasonable", and "August 1, 1987" for "August 1, 1977" in te… · (c)
• Pub. L. 94–197, §5, substituted "until August 1, 1987," for "until August 1, 1977," and "excluding" for "including the reasonable". · (d)
• Pub. L. 94–197, §6, designated existing provisions as cl. (1), added cl. (2), substituted proviso relating to Congressional review and action for proviso relating to aggregate liability exceeding the sum of $560,000,000, and substituted "And provided further" for "Provided further". · (e)
• Pub. L. 94–197, §7, inserted proviso which authorized Commission to reduce the indemnity fee for persons with whom indemnification agreements have been executed in reasonable relation to increases in financial protection above a level of $60,000,000. · (f)
• Pub. L. 94–197, §8, substituted "shall not include" for "may include reasonable". · (h)
• Pub. L. 94–197, §9, inserted "or which will probably result in public liability claims in excess of $560,000,000," after "this section", and requirement that Commission report extent of damage caused from a nuclear incident to the Congressmen of the affected districts and the Senators … · (i)
• Pub. L. 94–197, §10, substituted "August 1, 1987" for "August 1, 1977" wherever appearing and substituted "excluding" for "including the reasonable" in par. (1). · (k)
• Pub. L. 94–197, §11, substituted "excluding" for "including the reasonable". · (l)
• Pub. L. 94–197, §12, substituted "twenty years" for "ten years". · (n)
• Pub. L. 94–197, §13, in par. (3) inserted provisions authorizing the establishment, in any plan for disposition of claims, of priorities between classes of claims and claimants to extent necessary to ensure the most equitable allocation of available funds, and added par. (4). · (o), (4)
• Pub. L. 94–197, §14, added subsec. (p). · (p)

1966

• Pub. L. 89–645, §2, struck out last sentence which authorized application by the Commission or any indemnified person to district court of the United States having venue in bankruptcy over location of nuclear incident and to United States District Court for the District of Columbia in … · (e)
• Pub. L. 89–645, §3, added subsecs. (m) to (o). · (m), (n), (o)

1965

• Pub. L. 89–210, §1, substituted "August 1, 1977" for "August 1, 1967" wherever appearing, and inserted proviso requiring the amount of indemnity to be reduced by the amount that the financial protection required shall exceed $60,000,000. · (c)
• Pub. L. 89–210, §2, substituted "August 1, 1977" for "August 1, 1967," and inserted proviso requiring the amount of indemnity to be reduced by the amount that the financial protection required shall exceed $60,000,000. · (d)
• Pub. L. 89–210, §3, inserted proviso prohibiting the aggregate liability to exceed the sum of $560,000,000. · (e)
• Pub. L. 89–210, §4, substituted "August 1, 1977" for "August 1, 1967" wherever appearing. · (k)
• Pub. L. 89–210, §5, substituted "August 1, 1977" for "August 1, 1967" and "in the amount of $500,000,000" for "in the maximum amount provided by subsection (e) of this section", inserted "in the aggregate for all persons indemnified in connection with each nuclear incident", and insert… · (l)

1964

• Pub. L. 88–394, §2, provided that with respect to any facility for which a permit is issued between Aug. 30, 1954, and Aug. 1, 1967, the requirements of the subsection shall apply to any license issued subsequent to Aug. 1, 1967. · (c)
• Pub. L. 88–394, §3, provided that with respect to any facility for which a permit is issued between Aug. 30, 1954, and Aug. 1, 1967, the requirements of the subsection shall apply to any license issued subsequent to Aug. 1, 1967. · (k)

1962

• Pub. L. 87–615, §6, limited the amount of indemnity provided by the Commission for nuclear incidents occurring outside the United States to $100,000,000. · (d)
• Pub. L. 87–615, §7, inserted proviso limiting the aggregate liability in cases of nuclear incidents occurring outside the United States to which an indemnification agreement entered into under subsec. (d) of this section is applicable, to $100,000,000, and substituted "occurring outsid… · (e)

1961

• Pub. L. 87–206 inserted provision for liability of contractor to extent of indemnification under this section free of defense of sovereign immunity. · (d)

1958

• Pub. L. 85–602, §2[3], gave the district court that has venue in bankruptcy matters over the location of the principal place of business of the shipping company owning or operating the ship, jurisdiction in cases of nuclear incidents caused by ships of the United States outside of the … · (e)
• Pub. L. 85–744 added subsec. (k). · (k)
• Pub. L. 85–602, §2, added subsec. (l). · (l)