Repeals the prohibition against foreign ownership of commercial, medical therapy, and research and development licenses issued by the NRC.
Provides that the duration of the operating phase of the license period for certain combined construction and operating licenses shall not be less than the duration of the operating license if application had been made for separate construction and operating licenses.
Prohibits the NRC from giving any consideration to need or alternative when conducting any environmental review regarding a facility license application or renewal.
Eliminates antitrust review of NRC license applications.
Authorizes the NRC to prescribe regulations to ensure the availability of sufficient decommissioning funds for certain production or utilization facilities, including standards and restrictions governing former licensee control and disbursement over any facility decommissioning fund.
Authorizes the NRC to eliminate the pension offset governing former NRC employees rehired as consultants if the annuitant has skills critical to the performance of NRC duties.
Repeals the requirements that the NRC promulgate implementation rules governing conflicts of interest relating to contracts. Authorizes the NRC enter into a contract with a national laboratory if it takes reasonable steps to mitigate the effect of the conflict of interest.
Instructs the NRC to implement a training and fellowship program to address shortages of critical safety skills.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1591 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1591
To promote the safe and efficient supply of energy while maintaining
strong environmental protections.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 30, 2001
Mr. Voinovich (for himself, Ms. Landrieu, Mr. Smith of New Hampshire,
and Mr. Inhofe) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To promote the safe and efficient supply of energy while maintaining
strong environmental protections.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nuclear Safety and
Promotion Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GROWTH OF NUCLEAR ENERGY
Sec. 101. Price Anderson reauthorization.
Sec. 102. Elimination of foreign ownership restrictions.
Sec. 103. Combined licenses.
Sec. 104. Scope of environmental review.
TITLE II--NRC REGULATORY REFORM
Sec. 201. Elimination of duplicative antitrust review.
Sec. 202. Hearing procedures.
Sec. 203. Authority over former licensees for decommissioning funding.
TITLE III--NRC PERSONNEL CRISIS
Sec. 301. Elimination of pension offset.
Sec. 302. Contracts with the national laboratories.
Sec. 303. NRC training program.
TITLE I--GROWTH OF NUCLEAR ENERGY
SEC. 101. PRICE-ANDERSON REAUTHORIZATION.
(a) Indemnification of Licensees.--Section 170c. of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(c)) is amended--
(1) in the subsection heading, by striking ``Licenses'' and
inserting ``Licensees''; and
(2) in the first sentence, by striking ``August 1, 2002''
and inserting ``August 1, 2012''.
(b) Reports to Congress.--Section 170p. of the Atomic Energy Act of
1954 (42 U.S.C. 2210(p)) is amended by striking ``August 1, 1998'' and
inserting ``August 1, 2008''.
(c) Applicability.--The amendments made by this section apply with
respect to nuclear incidents occurring on or after the date of
enactment of this Act.
SEC. 102. ELIMINATION OF FOREIGN OWNERSHIP RESTRICTIONS.
(a) Commercial Licenses.--Section 103d. of the Atomic Energy Act of
1954 (42 U.S.C. 2133(d)) is amended by striking the second sentence.
(b) Medical Therapy and Research and Development.--Section 104d. of
the Atomic Energy Act of 1954 (42 U.S.C. 2134(d)) is amended by
striking the second sentence.
SEC. 103. COMBINED LICENSE PERIODS.
Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c))
is amended--
(1) by striking ``c. Each such'' and inserting the
following:
``c. License Period.--
``(1) In general.--Each such''; and
(2) by adding at the end the following:
``(2) Combined licenses.--In the case of a combined
construction and operating license issued under section 185(b),
the duration of the operating phase of the license period shall
not be less than the duration of the operating license if
application had been made for separate construction and
operating licenses.''.
SEC. 104. SCOPE OF ENVIRONMENTAL REVIEW.
(a) In General.--Chapter 10 of title I of the Atomic Energy act of
1954 (42 U.S.C. 2131 et seq.) is amended--
(1) by redesignating sections 110 and 111 as section 111
and 112, respectively; and
(2) by inserting after section 109 the following:
``SEC. 110. SCOPE OF ENVIRONMENTAL REVIEW.
``In conducting any environmental review (including any activity
conducted under section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332)) in connection with an application for a license
or a renewed license under this chapter, the Commission shall not give
any consideration to the need for, or any alternative to, the facility
to be licensed.''.
(b) Conforming Amendments.--
(1) The Atomic Energy Act of 1954 is amended--
(A) in the table of contents (42 U.S.C. prec.
2011), by striking the items relating to section 110
and inserting the following:
``Sec. 110. Scope of environmental review.
``Sec. 111. Exclusions.
``Sec. 112. Licensing by Nuclear Regulatory Commission of
distribution of certain materials by
Department of Energy.'';
(B) in the last sentence of section 57b. (42 U.S.C.
2077(b)), by striking ``section 111 b.'' and inserting
``section 112b.''; and
(C) in section 131a.(2)(C), by striking ``section
111 b.'' and inserting ``section 112b.''.
(2) Section 202 of the Energy Reorganization Act of 1974
(42 U.S.C. 5842) is amended--
(A) by striking ``section 110 a.'' and inserting
``section 111a.''; and
(B) by striking ``section 110 b.'' and inserting
``section 111b.''.
TITLE II--NRC REGULATORY REFORM
SEC. 201. ELIMINATION OF DUPLICATIVE ANTITRUST REVIEW.
Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is
amended by striking subsection c. and inserting the following:
``c. Conditions.--
``(1) In general.--A condition for a grant of a license
imposed by the Commission under this section shall remain in
effect until the condition is modified or removed by the
Commission.
``(2) Modification.--If a person that is licensed to
construct or operate a utilization or production facility
applies for reconsideration under this section of a condition
imposed in the person's license, the Commission shall conduct a
proceeding, on an expedited basis, to determine whether the
license condition--
``(A) is necessary to ensure compliance with
subsection a.; or
``(B) should be modified or removed.''.
SEC. 202. HEARING PROCEDURES.
Section 189a.(1) of the Atomic Energy Act of 1954 (42 U.S.C.
2239(a)(1)) is amended by adding at the end the following:
``(C) Hearings.--A hearing under this section shall
be conducted using informal adjudicatory procedures
unless the Commission determines that formal
adjudicatory procedures are necessary--
``(i) to develop a sufficient record; or
``(ii) to achieve fairness.''.
SEC. 203. AUTHORITY OVER FORMER LICENSEES FOR DECOMMISSIONING FUNDING.
Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i))
is amended--
(1) by striking ``and (3)'' and inserting ``(3)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (4) to ensure that sufficient funds will be
available for the decommissioning of any production or
utilization facility licensed under section 103 or 104b.,
including standards and restrictions governing the control,
maintenance, use, and disbursement by any former licensee under
this Act that has control over any fund for the decommissioning
of the facility''.
TITLE III--NRC PERSONNEL CRISIS
SEC. 301. ELIMINATION OF PENSION OFFSET.
Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is
amended by adding at the end the following:
``y. exempt from the application of sections 8344 and 8468 of title
5, United States Code, an annuitant who was formerly an employee of the
Commission who is hired by the Commission as a consultant, if the
Commission finds that the annuitant has a skill that is critical to the
performance of the duties of the Commission.''.
SEC. 302. CONTRACTS WITH THE NATIONAL LABORATORIES.
Section 170A of the Atomic Energy Act of 1954 (42 U.S.C. 2210a) is
amended by striking subsection c. and inserting the following:
``c. Contracts, Agreements, and Other Arrangements With the
National Laboratories.--Notwithstanding subsection b. and
notwithstanding the potential for a conflict of interest that cannot be
avoided, the Commission may enter into a contract, agreement, or other
arrangement with a national laboratory if the Commission takes
reasonable steps to mitigate the effect of the conflict of interest.''.
SEC. 303. NRC TRAINING PROGRAM.
(a) In General.--In order to maintain the human resource investment
and infrastructure of the United States in the nuclear sciences, health
physics, and engineering fields, in accordance with the statutory
authorities of the Commission relating to the civilian nuclear energy
program, the Nuclear Regulatory Commission shall carry out a training
and fellowship program to address shortages of individuals with
critical safety skills.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $1,000,000 for each of fiscal years 2002
through 2005.
(2) Availability.--Funds made available under paragraph (1)
shall remain available until expended.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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