---
kind: "section"
citation: "42 U.S.C. § 16012"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16012"
heading: "Prohibition on assumption by United States Government of liability for certain foreign incidents"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16012"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter VI — Nuclear Matters"
  - "Part A — General Nuclear Matters"
---

# §16012. Prohibition on assumption by United States Government of liability for certain foreign incidents

- (a) **In general—** Notwithstanding any other provision of law, no officer of the United States or of any [department](/usc/42/15801.md?p=1), [agency](/usc/42/8262.md?p=1), 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](/usc/42/15801.md?p=1), [agency](/usc/42/8262.md?p=1), 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](/usc/42/300s–3.md?p=7), 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](/usc/42/15951.md?p=b-2) 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](/usc/22/2371.md?p=a), [section 4605(j)(1)](/usc/42/4605.md)[^1] of title 50, or [section 2780(d) of title 22](/usc/22/2780.md?p=d) 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](/usc/42/15801.md?p=4), the [Secretary](/usc/42/15801.md?p=4) 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](/usc/42/2014.md), unless otherwise expressly provided in this section.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 109–58, title VI, § 635, Aug. 8, 2005, 119 Stat. 790.)

## Notes

### 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.