[Congressional Record (Bound Edition), Volume 152 (2006), Part 16]
[Senate]
[Pages 21685-21689]
[From the U.S. Government Publishing Office, www.gpo.gov]




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--
       (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

[[Page 21686]]

     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 general 
     fund of the Treasury the deferred payment of the nuclear 
     supplier required under paragraph (1).

[[Page 21687]]

       (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

[[Page 21688]]

     (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.--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

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     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).
       (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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