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42 U.S.C. § 2212 — Transferred

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2212 — Transferred

### Statutory Notes #### Codification Section, Pub. L. 101–510, div. C, title XXXI, § 3141, Nov. 5, 1990, 104 Stat. 1837, which related to contractor liability for injury or loss of property arising out of atomic weapons testing programs, was renumbered section 4803 of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(4)(A)–(C), Nov. 24, 2003, 117 Stat. 1783, and transferred to former [section 2783 of Title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2783&num=0&edition=prelim), War and National Defense. See [section 6324 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6324&num=0&edition=prelim), Armed Forces. #### Prior Provisions A prior section 2212, Pub. L. 98–525, title XVI, § 1631, Oct. 19, 1984, 98 Stat. 2646, related to contractor liability for injury or loss of property arising out of atomic weapons testing programs, prior to repeal by Pub. L. 101–426, § 13, as added Pub. L. 101–510, div. C, title XXXI, § 3140, Nov. 5, 1990, 104 Stat. 1837.

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Source location: Title 42, Chapter 23, § 2212; chapter-023-development-and-control-of-atomic-energy.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 6324 — Contractor liability for injury or loss of property arising out of atomic weapons testing programs

**(a) Short Title.—** This section may be cited as the “Atomic Energy Testing Liability Act”. **(b) Federal Remedies Applicable; Exclusiveness of Remedies.—** (1) The remedy against the United States provided by sections 1346(b) and 2672 of title 28, or by chapter 309 or 311 of title 46, as appropriate, for injury, loss of property, personal injury, or death shall apply to any civil action for injury, loss of property, personal injury, or death due to exposure to radiation based on acts or omissions by a contractor in carrying out an atomic weapons testing program under a contract with the United States. (2) The remedies referred to in paragraph (1) shall be exclusive of any other civil action or proceeding for the purpose of determining civil liability arising from any act or omission of the contractor without regard to when the act or omission occurred. The employees of a contractor referred to in paragraph (1) shall be considered to be employees of the Federal Government, as provided in [section 2671 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2671&num=0&edition=prelim), for the purposes of any such civil action or proceeding; and the civil action or proceeding shall proceed in the same manner as any action against the United States filed pursuant to section 1346(b) of such title and shall be subject to the limitations and exceptions applicable to those actions. **(c) Procedure.—** A contractor against whom a civil action or proceeding described in subsection (b) is brought shall promptly deliver all processes served upon that contractor to the Attorney General of the United States. Upon certification by the Attorney General that the suit against the contractor is within the provisions of subsection (b), a civil action

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2210 — Indemnification and limitation of liability

**(a) Requirement of financial protection for licensees** Each license issued under section 2133 or 2134 of this title and each construction permit issued under [section 2235 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2235&num=0&edition=prelim) shall, and each license issued under section 2073, 2093, or 2111 of this title may, for the public purposes cited in [section 2012(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2012/i&num=0&edition=prelim), have as a condition of the license a requirement that the licensee have and maintain financial protection of such type and in such amounts as the Nuclear Regulatory Commission (in this section referred to as the “Commission”) in the exercise of its licensing and regulatory authority and responsibility shall require in accordance with subsection (b) to cover public liability claims. Whenever such financial protection is required, it may be a further condition of the license that the licensee execute and maintain an indemnification agreement in accordance with subsection (c). The Commission may require, as a further condition of issuing a license, that an applicant waive any immunity from public liability conferred by Federal or State law. **(b) Amount and type of financial protection for licensees** (1) The amount of primary financial protection required shall be the amount of liability insurance available from private sources, except that the Commission may establish a lesser amount on the basis of criteria set forth in writing, which it may revise from time to time, taking into consideration such factors as the following: (A) the cost and terms of private insurance, (B) the type, size, and location of the licensed activity and ot

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2212 — Transferred

Page 5519 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2215 as a result of civil insurrection. The President may authorize, under such terms and conditions as he may direct, the payment of such claims or judgments from any contingency funds available to the Government or may certify such claims or judgments to the Congress for appropriation of the necessary funds. (Pub. L. 93–513, Dec. 6, 1974, 88 Stat. 1611.) Editorial Notes CODIFICATION Section was not enacted as part of the Atomic En- ergy Act of 1954 which comprises this chapter. Executive Documents EX. ORD. NO. 11918. COMPENSATION FOR DAMAGES IN- VOLVING NUCLEAR REACTORS OF UNITED STATES WAR- SHIPS Ex. Ord. No. 11918, eff. June 1, 1976, 41 F.R. 22329, pro- vided: By virtue of the authority vested in me by the joint resolution approved December 6, 1974 (Public Law 93–513, 88 Stat. 1610, 42 U.S.C. 2211), and by section 301 of title 3 of the United States Code, and as President of the United States of America, in order that prompt, adequate and effective compensation will be provided in the unlikely event of injury or damage resulting from a nuclear incident involving the nuclear reactor of a United States warship, it is hereby ordered as fol- lows: SECTION 1. (a) With respect to the administrative set- tlement of claims or judgments for bodily injury, death, or damage to or loss of real or personal property proven to have resulted from a nuclear incident involv- ing the nuclear reactor of a United States warship, the Secretary of Defense is designated and empowered to authorize, in accord with Public Law 93–513 [this sec- tion], the payment, under such terms and conditions as he may direct, of such claims and judgments from con- tingency funds available to the Department of Defense. (b) The Sec

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