119 STAT. 780
PUBLIC LAW 109–58—AUG. 8, 2005
SEC. 603. MAXIMUM ASSESSMENT.
Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) is amended— (1) in the second proviso of the third sentence of subsection b.(1)— (A) by striking ‘‘$63,000,000’’ and inserting ‘‘$95,800,000’’; and (B) by striking ‘‘$10,000,000 in any 1 year’’ and inserting ‘‘$15,000,000 in any 1 year (subject to adjustment for inflation under subsection t.)’’; and (2) in subsection t.(1)— (A) by inserting ‘‘total and annual’’ after ‘‘amount of the maximum’’; (B) by striking ‘‘the date of the enactment of the PriceAnderson Amendments Act of 1988’’ and inserting ‘‘August 20, 2003’’; and (C) in subparagraph (A), by striking ‘‘such date of enactment’’ and inserting ‘‘August 20, 2003’’. SEC. 604. DEPARTMENT LIABILITY LIMIT.
(a) INDEMNIFICATION OF DEPARTMENT CONTRACTORS.—Section 170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is amended by striking paragraph (2) and inserting the following: ‘‘(2) In an agreement of indemnification entered into under paragraph (1), the Secretary— ‘‘(A) may require the contractor to provide and maintain financial protection of such a type and in such amounts as the Secretary shall determine to be appropriate to cover public liability arising out of or in connection with the contractual activity; and ‘‘(B) shall indemnify the persons indemnified against such liability above the amount of the financial protection required, in the amount of $10,000,000,000 (subject to adjustment for inflation under subsection t.), in the aggregate, for all persons indemnified in connection with the contract and for each nuclear incident, including such legal costs of the contractor as are approved by the Secretary.’’. (b) CONTRACT AMENDMENTS.—Section 170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is further amended by striking paragraph (3) and inserting the following— ‘‘(3) All agreements of indemnification under which the Department of Energy (or its predecessor agencies) may be required to indemnify any person under this section shall be deemed to be amended, on the date of enactment of the Price-Anderson Amendments Act of 2005, to reflect the amount of indemnity for public liability and any applicable financial protection required of the contractor under this subsection.’’. (c) LIABILITY LIMIT.—Section 170 e.(1)(B) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(e)(1)(B)) is amended— (1) by striking ‘‘the maximum amount of financial protection required under subsection b. or’’; and (2) by striking ‘‘paragraph (3) of subsection d., whichever amount is more’’ and inserting ‘‘paragraph (2) of subsection d.’’.
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