Sec. 406. Liabilities
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/bill/118/hr/9786/ih/section-406·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any suit, cause of action, or judicial proceeding commenced by or against the Secretary relating to functions or contracts transferred to the Administrator by this Act shall— not abate by reason of the enactment of this Act; and continue in effect with the Administrator substituted for the Secretary. The Attorney General, in consultation with the Administrator, shall seek to settle all claims against the United States by a contract holder for the breach of a contract for the disposal of nuclear waste under section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) ) as a condition precedent of an agreement of the Administrator to take title to and store the nuclear waste of the contract holder at a storage facility.
The Administrator shall seek to modify contracts entered into under section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) ) in accordance with the settlement under paragraph (1). Payment of judgments and settlements in cases arising from the failure of the Secretary to meet the deadline of January 31, 1998, to begin to dispose of nuclear waste under contracts entered into under section 302(a)(1) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a)(1) ) shall continue to be paid from the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code.
Notwithstanding section 302(a)(5) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a)(5) ), the Administrator shall not enter into any contract after the date of enactment of this Act that obligates the Administrator to begin disposing of nuclear waste before the Commission has licensed the Administrator to operate a repository or storage facility. For purposes of section 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) (commonly known as the Price-Anderson Act )— any person that conducts nuclear waste activities under a contract with the Administrator that may involve the risk of public liability shall be treated as a contractor of the Secretary; and the Secretary shall enter into an agreement of indemnification with any person described in subparagraph (A).
Section 11 ff. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(ff) ) is amended by inserting or the Nuclear Waste Administration after Secretary of Energy .
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