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Title 42, The Public Health and WelfareRelease 119-110

§16012 Prohibition on Assumption by United States Government of Liability for Certain Foreign Incidents

Title 42 › CHAPTER 149 — NATIONAL ENERGY POLICY AND PROGRAMS › SUBCHAPTER VI — NUCLEAR MATTERS › Part A — General Nuclear Matters › § 16012

Last updated Sep 23, 2026|Official source

Summary

No U.S. officer or agency may make or change a contract if that agreement would directly or indirectly make the United States, or any part of it, responsible for or require the United States to pay for a nuclear incident tied to designing, building, or operating a production or utilization facility in a country the Secretary of State has named a state sponsor of terrorism, including any country so identified as of September 11, 2001 under sections 2371(a) of title 22, 4605(j)(1) of title 50, or 2780(d) of title 22. Missions ordered by the Secretary, the Secretary of Defense, or the Secretary of State to secure, store, transport, or remove nuclear materials for safety or nonproliferation are allowed. Words used here mean the same as in section 2014 of this title.

Full Legal Text

Title 42, §16012

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general
Notwithstanding any other provision of law, no officer of the United States or of any department, agency, or instrumentality of the United States Government may enter into any contract or other arrangement, or into any amendment or modification of a contract or other arrangement, the purpose or effect of which would be to directly or indirectly impose liability on the United States Government, or any department, agency, or instrumentality of the United States Government, or to otherwise directly or indirectly require an indemnity by the United States Government, for nuclear incidents occurring in connection with the design, construction, or operation of a production facility or utilization facility in any country whose government has been identified by the Secretary of State as engaged in state sponsorship of terrorist activities (specifically including any country the government of which, as of September 11, 2001, had been determined by the Secretary of State under section 2371(a) of title 22, section 4605(j)(1) of title 50, or section 2780(d) of title 22 to have repeatedly provided support for acts of international terrorism). This section shall not apply to nuclear incidents occurring as a result of missions, carried out under the direction of the Secretary, the Secretary of Defense, or the Secretary of State, that are necessary to safely secure, store, transport, or remove nuclear materials for nuclear safety or nonproliferation purposes.
(b)Definitions
The terms used in this section shall have the same meaning as those terms have under section 2014 of this title, unless otherwise expressly provided in this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4605(j)(1) of title 50, referred to in subsec. (a), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16012

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110