Revises guidelines pertaining to: (1) licensee insurance premiums; and (2) liability and indemnification limits.
Limits any civil penalty for a tax-exempt nonprofit contractor, subcontractor, or supplier to the amount of the performance fee paid by the Secretary.
Amends the Department of Energy Organization Act to add two Assistant Secretaries of Energy to serve, respectively, as Director of: (1) the Office of Science; and (2) the Office of Nuclear Energy, Science, and Technology.
Instructs the Secretary of Energy to establish or continue programs administered by the Office of Nuclear Energy, Science, and Technology, including: (1) specified nuclear energy research and technology programs; (2) investments to increase electricity capacity at commercial nuclear plants; (3) continued domestic capability for uranium mining, conversion, and enrichment industries; and (4) university nuclear engineering education research and infrastructure.
Amends the USEC Privatization Act to prohibit the Secretary from selling surplus natural uranium and conversion services through 2006. Requires the sale of uranium hexaflouride.
Authorizes the Secretary to proceed to place the Portsmouth gaseous diffusion plant into cold standby condition for a five-year period.
Mandates a program to: (1) demonstrate the NRC Early Site Permit process; (2) evaluate opportunities for completion of partially constructed nuclear plants; (3) assess opportunities for Generation IV reactors; and (4) research potential licensing issues associated with new reactor technologies and designs.
Declares electricity generated by a nuclear plant to be an environmentally preferable product. Conditions Federal funding for a domestic or international organization that supports electricity production facilities upon inclusion of emission-free electricity production facility projects that use nuclear fuel.
Establishes the Office of Spent Nuclear Fuel Research to implement a research and development program pertaining to treatment, recycling, and disposal of high-level nuclear radioactive waste and spent nuclear fuel.
Directs the Secretary to: (1) conduct an advanced fuel recycling technology research and development program to further the availability of electrometallurgical technology as a proliferation-resistant alternative to aqueous reprocessing in support of evaluation of alternative national strategies for spent nuclear fuel and Generation IV advanced reactor concepts; and (2) establish the Advanced Accelerator Applications Program.
Amends the Atomic Energy Act of 1954 to: (1) revise certain commercial license requirements; (2) repeal restrictions pertaining to foreign ownership of commercial licensees; and (3) grant firearms and arrest authority to employees of NRC licensees.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 472 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 472
To ensure that nuclear energy continues to contribute to the supply of
electricity in the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2001
Mr. Domenici (for himself, Mrs. Lincoln, Mr. Murkowski, Ms. Landrieu,
Mr. Craig, Mr. Kyl, Mr. Crapo, Mr. Graham, Mr. Thompson, Mr. Voinovich,
Mr. Hagel, and Mr. Inhofe) introduced the following bill; which was
read twice and referred to the Committee on Energy and Natural
Resources
_______________________________________________________________________
A BILL
To ensure that nuclear energy continues to contribute to the supply of
electricity in the United States.
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 Energy
Electricity Supply Assurance Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--SUPPORT FOR CONTINUED USE OF NUCLEAR ENERGY
Subtitle A--Price-Anderson Amendments
Sec. 101. Short title.
Sec. 102. Indemnification authority.
Sec. 103. Maximum assessment.
Sec. 104. Department of Energy liability limit.
Sec. 105. Incidents outside the United States.
Sec. 106. Reports.
Sec. 107. Inflation adjustment.
Sec. 108. Civil penalties.
Sec. 109. Applicability.
Subtitle B--Leadership of the Office of Nuclear Energy, Science, and
Technology and the Office of Science
Sec. 111. Assistant Secretaries.
Subtitle C--Funding of Certain Department of Energy Programs
Sec. 121. Establishment of programs.
Sec. 122. Nuclear energy research initiative.
Sec. 123. Nuclear energy plant optimization program.
Sec. 124. Uprating of nuclear plant operations.
Sec. 125. University programs.
Sec. 126. Prohibition of commercial sales of uranium and conversion
held by the Department of Energy until
2006.
Sec. 127. Cooperative research and development and special
demonstration projects for the uranium
mining industry.
Sec. 128. Maintenance of a viable domestic uranium conversion industry.
Sec. 129. Portsmouth gaseous diffusion plant.
Sec. 130. Nuclear generation report.
TITLE II--CONSTRUCTION OF NUCLEAR PLANTS
Sec. 201. Establishment of programs.
Sec. 202. Nuclear plant completion initiative.
Sec. 203. Early site permit demonstration program.
Sec. 204. Nuclear energy technology study for Generation IV Reactors.
Sec. 205. Research supporting regulatory processes for new reactor
technologies and designs.
TITLE III--EVALUATIONS OF NUCLEAR ENERGY
Sec. 301. Environmentally preferable purchasing.
Sec. 302. Emission-free control measures under a State implementation
plan.
Sec. 303. Prohibition of discrimination against emission-free
electricity projects in international
development programs.
TITLE IV--DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY
Sec. 401. Findings.
Sec. 402. Office of spent nuclear fuel research.
Sec. 403. Advanced fuel recycling technology development program.
TITLE V--NATIONAL ACCELERATOR SITE
Sec. 501. Findings.
Sec. 502. Definitions.
Sec. 503. Advanced Accelerator Applications Program.
TITLE VI--NUCLEAR REGULATORY COMMISSION REFORM
Sec. 601. Definitions.
Sec. 602. Office location.
Sec. 603. License period.
Sec. 604. Elimination of foreign ownership restrictions.
Sec. 605. Elimination of duplicative antitrust review.
Sec. 606. Gift acceptance authority.
Sec. 607. Authority over former licensees for decommissioning funding.
Sec. 608. Carrying of firearms by licensee employees.
Sec. 609. Cost recovery from Government agencies.
Sec. 610. Hearing procedures.
Sec. 611. Unauthorized introduction of dangerous weapons.
Sec. 612. Sabotage of nuclear facilities or fuel.
Sec. 613. Nuclear decommissioning obligations of nonlicensees.
Sec. 614. Effective date.
SEC. 2. FINDINGS.
Congress finds that--
(1) the standard of living for citizens of the United
States is linked to the availability of reliable, low-cost,
energy supplies;
(2) personal use patterns, manufacturing processes, and
advanced cyber information all fuel increases in the demand for
electricity;
(3) demand-side management, while important, is not likely
to halt the increase in energy demand;
(4)(A) nuclear power is the largest producer of essentially
emission-free electricity;
(B) nuclear energy is one of the few energy sources that
controls all pollutants;
(C) nuclear plants are demonstrating excellent reliability
as the plants produce power at low cost with a superb safety
record; and
(D) the generation costs of nuclear power are not subject
to price fluctuations of fossil fuels because nuclear fuels can
be mined domestically or purchased from reliable trading
partners;
(5) requirements for new highly reliable baseload
generation capacity coupled with increasing environmental
concerns and limited long-term availability of fossil fuels
require that the United States preserve the nuclear energy
option into the future;
(6) to ensure the reliability of electricity supply and
delivery, the United States needs programs to encourage the
extended or more efficient operation of currently existing
nuclear plants and the construction of new nuclear plants;
(7) a qualified workforce is a prerequisite to continued
safe operation of--
(A) nuclear plants;
(B) the nuclear navy;
(C) programs dealing with high-level or low-level
waste from civilian or defense facilities; and
(D) research and medical uses of nuclear
technologies;
(8) uncertainty surrounding the costs associated with
regulatory approval for siting, constructing, and operating
nuclear plants confuses the economics for new plant
investments;
(9) to ensure the long-term reliability of supplies of
nuclear fuel, the United States must ensure that the domestic
uranium mining, conversion, and enrichment service industries
remain viable;
(10)(A) technology developed in the United States and
worldwide, broadly labeled as the Generation IV Reactor, is
demonstrating that new designs of nuclear reactors are
feasible;
(B) plants using the new designs would have improved
safety, minimized proliferation risks, reduced spent fuel, and
much lower costs; and
(C)(i) the nuclear facility infrastructure needed to
conduct nuclear energy research and development in the United
States has been allowed to erode over the past decade; and
(ii) that infrastructure must be restored to support
development of Generation IV nuclear energy systems;
(11)(A) to ensure the long-term viability of nuclear power,
the public must be confident that final waste forms resulting
from spent fuel are controlled so as to have negligible impact
on the environment; and
(B) continued research on repositories, and on approaches
to mitigate the toxicity of materials entering any future
repository, would serve that public interest; and
(12)(A) the Nuclear Regulatory Commission must continue its
stewardship of the safety of our nuclear industry;
(B) at the same time, the Commission must streamline
processes wherever possible to provide timely responses to a
wide range of safety, upgrade, and licensing issues;
(C) the Commission should conduct research on new reactor
technologies to support future regulatory decisions; and
(D) a revision of certain Commission procedures would
assist in more timely processing of license applications and
other requests for regulatory action.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(2) Early site permit.--The term ``Early Site Permit''
means a permit for a site to be a future location for a nuclear
plant under subpart A of part 52 of title 10, Code of Federal
Regulations.
(3) Nuclear plant.--The term ``nuclear plant'' means a
nuclear energy facility that generates electricity.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--SUPPORT FOR CONTINUED USE OF NUCLEAR ENERGY
Subtitle A--Price-Anderson Amendments
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``Price-Anderson Amendments Act
of 2001''.
SEC. 102. INDEMNIFICATION AUTHORITY.
(a) Indemnification of Nuclear Regulatory Commission 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) by striking ``August 1, 2002'' each place it appears
and inserting ``August 1, 2012''.
(b) Indemnification of Department of Energy Contractors.--Section
170d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(1)(A))
is amended by striking ``, until August 1, 2002,''.
(c) Indemnification of Nonprofit Educational Institutions.--Section
170k. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(k)) is amended
by striking ``August 1, 2002'' each place it appears and inserting
``August 1, 2012''.
SEC. 103. MAXIMUM ASSESSMENT.
Section 170b.(1) of the Atomic Energy Act of 1954 (42 U.S.C.
2210(b)(1)) is amended in the second proviso of the third sentence by
striking ``$10,000,000'' and inserting ``$20,000,000''.
SEC. 104. DEPARTMENT OF ENERGY LIABILITY LIMIT.
(a) Aggregate Liability Limit.--Section 170d. of the Atomic Energy
Act of 1954 (42 U.S.C. 2210(d)) is amended by striking paragraph (2)
and inserting the following:
``(2) Liability limit.--In an agreement of indemnification
entered into under paragraph (1), the Secretary--
``(A) may require the contractor to provide and
maintain the 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 claims 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 170d. of the Atomic Energy Act of
1954 (42 U.S.C. 2210(d)) is amended by striking paragraph (3) and
inserting the following:
``(3) Contract amendments.--All agreements of
indemnification under which the Department of Energy (or its
predecessor agencies) may be required to indemnify any person,
shall be deemed to be amended, on the date of enactment of the
Price-Anderson Amendments Act of 2001, to reflect the amount of
indemnity for public liability and any applicable financial
protection required of the contractor under this subsection on
that date.''.
SEC. 105. INCIDENTS OUTSIDE THE UNITED STATES.
(a) Amount of Indemnification.--Section 170d.(5) of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(d)(5)) is amended by striking
``$100,000,000'' and inserting ``$500,000,000''.
(b) Liability Limit.--Section 170e.(4) of the Atomic Energy Act of
1954 (42 U.S.C. 2210(e)(4)) is amended by striking ``$100,000,000'' and
inserting ``$500,000,000''.
SEC. 106. REPORTS.
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''.
SEC. 107. INFLATION ADJUSTMENT.
Section 170t. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(t))
is amended--
(1) by designating paragraph (2) as paragraph (3); and
(2) by adding after paragraph (1) the following:
``(2) Adjustment.--The Secretary shall adjust the amount of
indemnification provided under an agreement of indemnification
under subsection d. not less than once during each 5-year
period following the date of enactment of the Price-Anderson Amendments
Act of 2001, in accordance with the aggregate percentage change in the
Consumer Price Index since--
``(A) that date of enactment, in the case of the
first adjustment under this subsection; or
``(B) the previous adjustment under this
subsection.''.
SEC. 108. CIVIL PENALTIES.
(a) Repeal of Automatic Remission.--Section 234Ab.(2) of the Atomic
Energy Act of 1954 (42 U.S.C. 2282a(b)(2)) is amended by striking the
last sentence.
(b) Limitation for Nonprofit Institutions.--Section 234A of the
Atomic Energy Act of 1954 (42 U.S.C. 2282a) is amended by striking
subsection d. and inserting the following:
``d. Notwithstanding subsection a., no contractor, subcontractor,
or supplier of the Department of Energy that is an organization
described in section 501(c)(3) of the Internal Revenue Code of 1986
that is exempt from taxation under section 501(a) of the Code shall be
subject to a civil penalty under this section in any fiscal year in
excess of the amount of any performance fee paid by the Secretary
during that fiscal year to the contractor, subcontractor, or supplier
under the contract under which a violation occurs.''.
SEC. 109. APPLICABILITY.
(a) Indemnification Provisions.--The amendments made by sections
103, 104, and 105 do not apply to a nuclear incident that occurs before
the date of enactment of this Act.
(b) Civil Penalty Provisions.--The amendments made by section
108(b) do not apply to a violation that occurs under a contract entered
into before the date of enactment of this Act.
Subtitle B--Leadership of the Office of Nuclear Energy, Science, and
Technology and the Office of Science
SEC. 111. ASSISTANT SECRETARIES.
(a) In General.--Section 203(a) of the Department of Energy
Organization Act (42 U.S.C. 7133(a)) is amended in the matter preceding
paragraph (1) by striking ``eight'' and inserting ``ten''.
(b) Functions.--On appointment of the 2 additional Assistant
Secretaries of Energy under the amendment made by subsection (a), the
Secretary shall assign--
(1) to one of the Assistant Secretaries, the functions
performed by the Director of the Office of Science as of the
date of enactment of this Act; and
(2) to the other, the functions performed by the Director
of the Office of Nuclear Energy, Science, and Technology as of
that date.
Subtitle C--Funding of Certain Department of Energy Programs
SEC. 121. ESTABLISHMENT OF PROGRAMS.
The Secretary shall establish or continue programs administered by
the Office of Nuclear Energy, Science, and Technology to--
(1) support the Nuclear Energy Research Initiative, the
Nuclear Energy Plant Optimization Program, and the Nuclear
Energy Technology Program;
(2) encourage investments to increase the electricity
capacity at commercial nuclear plants in existence on the date
of enactment of this Act;
(3) ensure continued viability of a domestic capability for
uranium mining, conversion, and enrichment industries; and
(4) support university nuclear engineering education
research and infrastructure programs, including closely related
specialties such as health physics, actinide chemistry, and
material sciences.
SEC. 122. NUCLEAR ENERGY RESEARCH INITIATIVE.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary, for a Nuclear Energy Research Initiative
to be managed by the Director of the Office of Nuclear Energy, Science,
and Technology for grants to be competitively awarded and subject to
peer review for research relating to nuclear energy--
(1) $60,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal years 2003
through 2006.
(b) Reports.--The Secretary shall submit to the Committee on
Science and the Committee on Appropriations of the House of
Representatives, and to the Committee on Energy and Natural Resources
and the Committee on Appropriations of the Senate an annual report on
the activities of the Nuclear Energy Research Initiative.
SEC. 123. NUCLEAR ENERGY PLANT OPTIMIZATION PROGRAM.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for a Nuclear Energy Plant Optimization
Program to be managed by the Director of the Office of Nuclear Energy,
Science, and Technology for a joint program with industry cost-shared
by at least 50 percent and subject to annual review by the Secretary of
Energy's Nuclear Energy Research Advisory Committee--
(1) $15,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal years 2003
through 2006.
(b) Reports.--The Secretary shall submit to the Committee on
Science and the Committee on Appropriations of the House of
Representatives, and to the Committee on Energy and Natural Resources
and the Committee on Appropriations of the Senate an annual report on
the activities of the Nuclear Energy Plant Optimization Program.
SEC. 124. UPRATING OF NUCLEAR PLANT OPERATIONS.
(a) In General.--The Secretary, to the extent funds are available,
shall reimburse costs incurred by a licensee of a nuclear plant as
provided in this section.
(b) Payment of Commission User Fees.--In carrying out subsection
(a), the Secretary shall reimburse all user fees incurred by a licensee
of a nuclear plant for obtaining the approval of the Commission to
achieve a permanent increase in the rated electricity capacity of the
licensee's nuclear plant if the licensee achieves the increased
capacity before December 31, 2004.
(c) Preference.--Preference shall be given by the Secretary to
projects in which a single uprating operation can benefit multiple
domestic nuclear power reactors.
(d) Incentive Payments.--
(1) In general.--In addition to payments made under
subsection (a), the Secretary shall offer an incentive payment
equal to 10 percent of the capital improvement cost resulting
in a permanent increase of at least 5 percent in the rated
electricity capacity of the licensee's nuclear plant if the
licensee achieves the increased capacity rating before December
31, 2004.
(2) Limitation.--No incentive payment under paragraph (1)
associated with any single nuclear unit shall exceed
$1,000,000.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2002 and 2003.
SEC. 125. UNIVERSITY PROGRAMS.
(a) In General.--The Secretary may, as provided in this section,
provide grants and other forms of payment to further the national goal
of producing well-educated graduates in nuclear engineering and closely
related specialties that support nuclear energy programs such as health
physics, actinide chemistry, and material sciences.
(b) Support for University Research Reactors.--The Secretary may
provide grants and other forms of payments for plant upgrading to
universities in the United States that operate and maintain nuclear
research reactors.
(c) Support for University Research and Development.--The Secretary
may provide grants and other forms of payment for research and
development work by faculty, staff, and students associated with
nuclear engineering programs and closely related specialties at
universities in the United States.
(d) Support for Nuclear Engineering Students and Faculty.--The
Secretary may provide fellowships, scholarships, and other support to
students and to departments of nuclear engineering and closely related
specialties at universities in the United States.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $34,200,000 for fiscal year 2002, of which--
(A) $13,000,000 shall be available to carry out
subsection (b);
(B) $10,200,000 shall be available to carry out
subsection (c) of which not less than $2,000,000 shall
be available to support health physics programs; and
(C) $11,000,000 shall be available to carry out
subsection (d) of which not less than $2,000,000 shall
be available to support health physics programs; and
(2) such sums as are necessary for subsequent fiscal years.
SEC. 126. PROHIBITION OF COMMERCIAL SALES OF URANIUM AND CONVERSION
HELD BY THE DEPARTMENT OF ENERGY UNTIL 2006.
Section 3112(b) of the USEC Privatization Act (42 U.S.C. 2297h-
10(b)) is amended by striking paragraph (2) and inserting the
following:
``(2) Sale of uranium hexafluoride.--
``(A) In general.--The Secretary shall--
``(i) sell and receive payment for the
uranium hexafluoride transferred to the
Secretary under paragraph (1); and
``(ii) refrain from sales of its surplus
natural uranium and conversion services through
2006 (except sales or transfers to the
Tennessee Valley Authority in relation to the
Department's HEU or Tritium programs, minor
quantities associated with site cleanup
projects, or the Department of Energy research
reactor sales program).
``(B) Requirements.--Under subparagraph (A)(i),
uranium hexafluoride shall be sold--
``(i) in 1995 and 1996 to the Russian
Executive Agent at the purchase price for use
in matched sales pursuant to the Suspension
Agreement; or
``(ii) in 2006 for consumption by end users
in the United States not before January 1,
2007, and in subsequent years, in volumes not
to exceed 3,000,000 pounds
U<INF>3</INF>O<INF>8</INF> equivalent per
year.''.
SEC. 127. COOPERATIVE RESEARCH AND DEVELOPMENT AND SPECIAL
DEMONSTRATION PROJECTS FOR THE URANIUM MINING INDUSTRY.
There is authorized to be appropriated to the Secretary $10,000,000
for each of fiscal years 2002, 2003, and 2004 for--
(1) cooperative, cost-shared, agreements between the
Department and the domestic uranium mining industry to
identify, test, and develop improved in-situ leaching mining
technologies, including low-cost environmental restoration
technologies that may be applied to sites after completion of
in-situ leaching operations; and
(2) funding for competitively selected demonstration
projects with the domestic uranium mining industry relating
to--
(A) enhanced production with minimal environmental
impact;
(B) restoration of well fields; and
(C) decommissioning and decontamination activities.
SEC. 128. MAINTENANCE OF A VIABLE DOMESTIC URANIUM CONVERSION INDUSTRY.
(a) In General.--For Department of Energy expenses necessary in
providing to Converdyn Incorporated a payment for losses associated
with providing conversion services for the production of low-enriched
uranium (excluding imports related to actions taken under the United
States/Russia HEU Agreement), there is authorized to be appropriated
$8,000,000 for each of fiscal years 2002, 2003, and 2004.
(b) Rate.--The payment shall be at a rate, determined by the
Secretary, that--
(1)(A) is based on the difference between Converdyn's costs
and its sale price for providing conversion services for the
production of low-enriched uranium fuel; but
(B) does not exceed the amount appropriated under
subsection (a); and
(2) shall be based contingent on submission to the
Secretary of a financial statement satisfactory to the
Secretary that is certified by an independent auditor for each
year.
(c) Timing.--A payment under subsection (a) shall be provided as
soon as practicable after receipt and verification of the financial
statement submitted under subsection (b).
SEC. 129. PORTSMOUTH GASEOUS DIFFUSION PLANT.
(a) In General.--The Secretary may proceed with actions required to
place the Portsmouth gaseous diffusion plant into cold standby
condition for a period of 5 years.
(b) Plant Condition.--In the cold standby condition, the plant
shall be in a condition that--
(1) would allow its restart, for production of 3,000,000
separative work units per year, to meet domestic demand for
enrichment services; and
(2) will facilitate the future decontamination and
decommissioning of the plant.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $36,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal years 2003, 2004,
and 2005.
SEC. 130. NUCLEAR GENERATION REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to Congress a report
on the state of nuclear power generation in the United States.
(b) Contents.--The report shall--
(1) provide current and historical detail regarding--
(A) the number of commercial nuclear plants and the
amount of electricity generated; and
(B) the safety record of commercial nuclear plants;
(2) review the status of the relicensing process for
commercial nuclear plants, including--
(A) current and anticipated applications; and
(B) for each current and anticipated application--
(i) the anticipated length of time for a
license renewal application to be processed;
and
(ii) the current and anticipated costs of
each license renewal;
(3) assess the capability of the Commission to evaluate
licenses for new advanced reactor designs and discuss the
confirmatory and anticipatory research activities needed to
support that capability;
(4) detail the efforts of the Commission to prepare for
potential new commercial nuclear plants, including evaluation
of any new plant design and the licensing process for nuclear
plants;
(5) state the anticipated length of time for a new plant
license to be processed and the anticipated cost of such a
process; and
(6) include recommendations for improvements in each of the
processes reviewed.
TITLE II--CONSTRUCTION OF NUCLEAR PLANTS
SEC. 201. ESTABLISHMENT OF PROGRAMS.
(a) Secretary.--The Secretary shall establish a program within the
Office of Nuclear Energy, Science, and Technology to--
(1) demonstrate the Nuclear Regulatory Commission Early
Site Permit process;
(2) evaluate opportunities for completion of partially
constructed nuclear plants; and
(3) develop a report assessing opportunities for Generation
IV reactors.
(b) Commission.--The Commission shall develop a research program to
support regulatory actions relating to new nuclear plant technologies.
SEC. 202. NUCLEAR PLANT COMPLETION INITIATIVE.
(a) In General.--The Secretary shall solicit information on United
States nuclear plants requiring additional capital investment before
becoming operational or being returned to operation to determine which,
if any, should be included in a study of the feasibility of completing
and operating some or all of the nuclear plants by December 31, 2004,
considering technical and economic factors.
(b) Identification of Unfinished Nuclear Plants.--The Secretary
shall convene a panel of experts to--
(1) review information obtained under subsection (a); and
(2) identify which unfinished nuclear plants should be
included in a feasibility study.
(c) Technical and Economic Completion Assessment.--On completion of
the identification of candidate nuclear plants under subsection (b),
the Secretary shall commence a detailed technical and economic
completion assessment that includes, on a unit-specific basis, all
technical and economic information necessary to permit a decision on
the feasibility of completing work on any or all of the nuclear plants
identified under subsection (b).
(d) Solicitation of Proposals.--After making the results of the
feasibility study under subsection (c) available to the public, the
Secretary shall solicit proposals for completing construction on any or
all of the nuclear plants assessed under subsection (c).
(e) Selection of Proposals.--
(1) In general.--The Secretary shall reconvene the panel of
experts designated under subsection (b) to review and select
the nuclear plants to be pursued, taking into consideration any
or all of the following factors:
(A) Location of the nuclear plant and the regional
need for expanded power capability.
(B) Time to completion.
(C) Economic and technical viability for completion
of the nuclear plant.
(D) Financial capability of the offeror.
(E) Extent of support from regional and State
officials.
(F) Experience and past performance of the members
of the offeror in siting, constructing, or operating
nuclear generating facilities.
(G) Lowest cost to the Government.
(2) Regional and state support.--No proposal shall be
accepted without endorsement by the State Governor and by the
elected governing bodies of--
(A) each political subdivision in which the nuclear
plant is located; and
(B) each other political subdivision that the
Secretary determines has a substantial interest in the
completion of the nuclear plant.
(f) Report to Congress.--
(1) In general.--Not later than June 1, 2002, the Secretary
shall submit to Congress a report describing the reactors
identified for completion under subsection (e).
(2) Contents.--The report shall--
(A) detail the findings under each of the criteria
specified in subsection (e); and
(B) include recommendations for action by Congress
to authorize actions that may be initiated in fiscal
year 2003 to expedite completion of the reactors.
(3) Considerations.--In making recommendations under
paragraph (2)(B), the Secretary shall consider--
(A) the advisability of authorizing payment by the
Government of Commission user fees (including
consideration of the estimated cost to the Government
of paying such fees); and
(B) other appropriate considerations.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for fiscal year 2002.
SEC. 203. EARLY SITE PERMIT DEMONSTRATION PROGRAM.
(a) In General.--The Secretary shall initiate a program of
Government/private partnership demonstration projects to encourage
private sector applications to the Commission for approval of sites
that are potentially suitable to be used for the construction of future
nuclear power generating facilities.
(b) Projects.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall issue a solicitation of offers for
proposals from private sector entities to enter into partnerships with
the Secretary to--
(1) demonstrate the Early Site Permit process; and
(2) create a bank of approved sites by December 31, 2003.
(c) Criteria for Proposals.--A proposal submitted under subsection
(b) shall--
(1) identify a site owned by the offeror that is suitable
for the construction and operation of a new nuclear plant; and
(2) state the agreement of the offeror to pay not less than
\1/2\ of the costs of--
(A) preparation of an application to the Commission
for an Early Site Permit for the site identified under
paragraph (1); and
(B) review of the application by the Commission.
(d) Selection of Proposals.--The Secretary shall establish a
competitive process to review and select the projects to be pursued,
taking into consideration the following:
(1) Time to prepare the application.
(2) Site qualities or characteristics that could affect the
duration of application review.
(3) The financial capability of the offeror.
(4) The experience of the offeror in siting, constructing,
or operating nuclear plants.
(5) The support of regional and State officials.
(6) The need for new electricity supply in the vicinity of
the site, or proximity to suitable transmission lines.
(7) Lowest cost to the Government.
(e) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with up to 3 offerors selected through the
competitive process to pay not more than \1/2\ of the costs incurred by
the parties to the agreements for--
(1) preparation of an application to the Commission for an
Early Site Permit for the site; and
(2) review of the application by the Commission.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2002 and 2003, to remain available until expended.
SEC. 204. NUCLEAR ENERGY TECHNOLOGY STUDY FOR GENERATION IV REACTORS.
(a) In General.--The Secretary shall conduct a study of Generation
IV nuclear energy systems, including development of a technology
roadmap and performance of research and development necessary to make
an informed technical decision regarding the most promising candidates
for commercial deployment.
(b) Upgrades and Additions.--The Secretary may make upgrades or
additions to the nuclear energy research facility infrastructure as
needed to carry out the study under subsection (a).
(c) Reactor Characteristics.--To the extent practicable, in
conducting the study under subsection (a), the Secretary shall study
nuclear energy systems that offer the highest probability of achieving
the goals for Generation IV nuclear energy systems established by the
Nuclear Energy Research Advisory Committee, including--
(1) economics competitive with natural gas-fueled
generators;
(2) enhanced safety features or passive safety features;
(3) substantially reduced production of high-level waste,
as compared with the quantity of waste produced by reactors in
operation on the date of enactment of this Act;
(4) highly proliferation resistant fuel and waste;
(5) sustainable energy generation including optimized fuel
utilization; and
(6) substantially improved thermal efficiency, as compared
with the thermal efficiency of reactors in operation on the
date of enactment of this Act.
(c) Consultation.--In conducting the study, the Secretary shall
consult with--
(1) the Commission, with respect to evaluation of
regulatory issues; and
(2) the International Atomic Energy Agency, with respect to
international safeguards.
(d) Report.--
(1) In general.--Not later than December 31, 2002, the
Secretary shall submit to Congress a report describing the
results of the roadmap and plans for research and development
leading to a public/private cooperative demonstration of one or
more Generation IV nuclear energy systems.
(2) Contents.--The report shall contain--
(A) an assessment of all available technologies;
(B) a summary of actions needed for the most
promising candidates to be considered as viable
commercial options within the five to ten years after
the date of the report with consideration of
regulatory, economic, and technical issues;
(C) a recommendation of not more than three
promising Generation IV nuclear energy system concepts
for further development;
(D) an evaluation of opportunities for public/
private partnerships;
(E) a recommendation for structure of a public/
private partnership to share in development and
construction costs;
(F) a plan leading to the selection and conceptual
design, by September 30, 2004, of at least one
Generation IV nuclear energy system for demonstration
through a public/private partnership; and
(G) a recommendation for appropriate involvement of
the Commission.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $50,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal years 2003
through 2006.
SEC. 205. RESEARCH SUPPORTING REGULATORY PROCESSES FOR NEW REACTOR
TECHNOLOGIES AND DESIGNS.
(a) In General.--The Commission shall develop a comprehensive
research program to support resolution of potential licensing issues
associated with new reactor concepts and new technologies that may be
incorporated into new or current designs of nuclear plants.
(b) Identification of Candidate Designs.--The Commission shall work
with the Office of Nuclear Energy, Science, and Technology and the
nuclear industry to identify candidate designs to be addressed by the
program.
(c) Activities To Be Included.--The research shall include--
(1) modeling, analyses, tests, and experiments as required
to provide input into total system behavior and response to
hypothesized accidents; and
(2) consideration of new reactor technologies that may
affect--
(A) risk-informed licensing of new plants;
(B) behavior of advanced fuels;
(C) evolving environmental considerations relative
to spent fuel management and health effect standards;
(D) new technologies (such as advanced sensors,
digital instrumentation, and control) and human factors
that affect the application of new technology to
current plants; and
(E) other emerging technical issues.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $25,000,000 for fiscal year 2002; and
(2) such sums as are necessary for subsequent fiscal years.
TITLE III--EVALUATIONS OF NUCLEAR ENERGY
SEC. 301. ENVIRONMENTALLY PREFERABLE PURCHASING.
(a) Acquisition.--For the purposes of Executive Order No. 13101 (3
C.F.R. 210 (1998)) and policies established by the Office of Federal
Procurement Policy or other executive branch offices for the
acquisition or use of environmentally preferable products (as defined
in section 201 of the Executive order), electricity generated by a
nuclear plant shall be considered to be an environmentally preferable
product.
(b) Procurement.--No Federal procurement policy or program may--
(1) discriminate against or exclude nuclear generated
electricity in making purchasing decisions; or
(2) subscribe to product certification programs or
recommend product purchases that exclude nuclear electricity.
SEC. 302. EMISSION-FREE CONTROL MEASURES UNDER A STATE IMPLEMENTATION
PLAN.
(a) Definitions.--In this section:
(1) Criteria air pollutant.--The term ``criteria air
pollutant'' means a pollutant listed under section 108(a) of
the Clean Air Act (42 U.S.C. 7408(a)).
(2) Emission-free electricity source.-- The term
``emission-free electricity source'' means--
(A) a facility that generates electricity without
emitting criteria pollutants, hazardous pollutants, or
greenhouse gases as a result of onsite operations of
the facility; and
(B) a facility that generates electricity using
nuclear fuel that meets all applicable standards for
radiological emissions under section 112 of the Clean
Air Act (42 U.S.C. 7412).
(3) Greenhouse gas.--The term ``greenhouse gas'' means a
natural or anthropogenic gaseous constituent of the atmosphere
that absorbs and re-emits infrared radiation.
(4) Hazardous pollutant.--The term ``hazardous pollutant''
has the meaning given the term in section 112(a) of the Clean
Air Act (42 U.S.C. 7412(a)).
(5) Improvement in availability.--The term ``improvement in
availability'' means an increase in the amount of electricity
produced by an emission-free electricity source that provides a
commensurate reduction in output from emitting sources.
(6) Increased emission-free capacity project.--The term
``increased emission-free capacity project'' means a project to
construct an emission-free electricity source or increase the
rated capacity of an existing emission-free electricity source.
(b) Treatment of Certain State Actions as Control Measures.--An
action taken by a State to support the continued operation of an
emission-free electricity source or to support an improvement in
availability or an increased emission-free capacity project shall be
considered to be a control measure for the purposes of section 110(a)
of the Clean Air Act (42 U.S.C. 7410(a)).
(c) Economic Incentive Programs.--
(1) Criteria air pollutants and hazardous pollutants.--
Emissions of criteria air pollutants or hazardous pollutants
prevented or avoided by an improvement in availability or the
operation of increased emission-free capacity shall be eligible
for, and may not be excluded from, incentive programs used as
control measures, including programs authorizing emission
trades, revolving loan funds, tax benefits, and special
financing programs.
(2) Greenhouse gases.--Emissions of greenhouse gases
prevented or avoided by an improvement in availability or the
operation of increased emission-free capacity shall be eligible
for, and may not be excluded from, incentive programs used as
control measures on the national, regional State, or local
level.
SEC. 304. PROHIBITION OF DISCRIMINATION AGAINST EMISSION-FREE
ELECTRICITY PROJECTS IN INTERNATIONAL DEVELOPMENT
PROGRAMS.
(a) Prohibition.--No Federal funds shall be used to support a
domestic or international organization engaged in the financing,
development, insuring, or underwriting of electricity production
facilities if the activities fail to include emission-free electricity
production facility projects that use nuclear fuel.
(b) Request for Policies.--The Secretary of Energy shall request
copies of all written policies regarding the eligibility of emission-
free nuclear electricity production facilities for funding or support
from international or domestic organizations engaged in the financing,
development, insuring, or underwriting of electricity production
facilities, including--
(1) the Agency for International Development;
(2) the World Bank;
(3) the Overseas Private Investment Corporation;
(4) the International Monetary Fund; and
(5) the Export-Import Bank.
TITLE IV--DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY
SEC. 401. FINDINGS.
Congress finds that--
(1) before the Federal Government takes any irreversible
action relating to the disposal of spent nuclear fuel, Congress
must determine whether the spent fuel should be treated as
waste subject to permanent burial or should be considered to be
an energy resource that is needed to meet future energy
requirements; and
(2) national policy on spent nuclear fuel may evolve with
time as improved technologies for spent fuel are developed or
as national energy needs evolve.
SEC. 402. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.
(a) Definitions.--In this section:
(1) Associate director.--The term ``Associate Director''
means the Associate Director of the Office.
(2) Office.--The term ``Office'' means the Office of Spent
Nuclear Fuel Research established by subsection (b).
(b) Establishment.--There is established an Office of Spent Nuclear
Fuel Research within the Office of Nuclear Energy Science and
Technology of the Department of Energy.
(c) Head of Office.--The Office shall be headed by the Associate
Director, who shall be a member of the Senior Executive Service
appointed by the Director of the Office of Nuclear Energy Science and
Technology, and compensated at a rate determined by applicable law.
(d) Duties of the Associate Director.--
(1) In general.--The Associate Director shall be
responsible for carrying out an integrated research,
development, and demonstration program on technologies for
treatment, recycling, and disposal of high-level nuclear
radioactive waste and spent nuclear fuel, subject to the
general supervision of the Secretary.
(2) Participation.--The Associate Director shall coordinate
the participation of national laboratories, universities, the
commercial nuclear industry, and other organizations in the
investigation of technologies for the treatment, recycling, and
disposal of spent nuclear fuel and high-level radioactive
waste.
(3) Activities.--The Associate Director shall--
(A) develop a research plan to provide
recommendations by 2015;
(B) identify promising technologies for the
treatment, recycling, and disposal of spent nuclear
fuel and high-level radioactive waste;
(C) conduct research and development activities for
promising technologies;
(D) ensure that all activities include as key
objectives minimization of proliferation concerns and
risk to health of the general public or site workers,
as well as development of cost-effective technologies;
(E) require research on both reactor- and
accelerator-based transmutation systems;
(F) require research on advanced processing and
separations;
(G) include participation of international
collaborators in research efforts, and provide funding
to a collaborator that brings unique capabilities not
available in the United States if the country in which
the collaborator is located is unable to provide
support; and
(H) ensure that research efforts are coordinated
with research on advanced fuel cycles and reactors
conducted by the Office of Nuclear Energy Science and
Technology.
(e) Grant and Contract Authority.--The Secretary may make grants,
or enter into contracts, for the purposes of the research projects and
activities described in subsection (d)(3).
(f) Report.--The Associate Director shall annually submit to
Congress a report on the activities and expenditures of the Office that
describes the progress being made in achieving the objectives of this
section.
SEC. 403. ADVANCED FUEL RECYCLING TECHNOLOGY DEVELOPMENT PROGRAM.
(a) In General.--The Secretary, acting through the Director of the
Office of Nuclear Energy, Science, and Technology, shall conduct an
advanced fuel recycling technology research and development program to
further the availability of electrometallurgical technology as a
proliferation-resistant alternative to aqueous reprocessing in support
of evaluation of alternative national strategies for spent nuclear fuel
and the Generation IV advanced reactor concepts, subject to annual
review by the Nuclear Energy Research Advisory Committee.
(b) Reports.--The Secretary shall submit to the Committee on
Science and the Committee on Appropriations of the House of
Representatives and the Committee on Energy and Natural Resources and
the Committee on Appropriations of the Senate an annual report on the
activities of the advanced fuel recycling technology development
program.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $10,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal years 2003
through 2006.
TITLE V--NATIONAL ACCELERATOR SITE
SEC. 501. FINDINGS.
Congress finds that--
(1)(A) high-current proton accelerators are capable of
producing significant quantities of neutrons through the
spallation process without using a critical assembly; and
(B) the availability of high-neutron fluences enables a
wide range of missions of major national importance to be
conducted;
(2)(A) public acceptance of repositories, whether for spent
fuel or for final waste products from spent fuel, can be
enhanced if the radio-toxicity of the materials in the
repository can be reduced;
(B) transmutation of long-lived radioactive species by an
intense neutron source provides an approach to such a reduction
in toxicity; and
(C) research and development in this area (which, when the
source of neutrons is derived from an accelerator, is called
``accelerator transmutation of waste'') should be an important
part of a national spent fuel strategy;
(3)(A) nuclear weapons require a reliable source of
tritium;
(B) the Department of Energy has identified production of
tritium in a commercial light water reactor as the first option
to be pursued;
(C) the importance of tritium supply is of sufficient
magnitude that a backup technology should be demonstrated and
available for rapid scale-up to full requirements;
(D) evaluation of tritium production by a high-current
accelerator has been underway; and
(E) accelerator production of tritium should be
demonstrated, so that the capability can be scaled up to levels
required for the weapons stockpile if difficulties arise with
the reactor approach;
(4)(A) radioisotopes are required in many medical
procedures;
(B) research on new medical procedures is adversely
affected by the limited availability of production facilities
for certain radioisotopes; and
(C) high-current accelerators are an important source of
radioisotopes, and are best suited for production of proton-
rich isotopes; and
(5)(A) a spallation source provides a continuum of neutron
energies; and
(B) the energy spectrum of neutrons can be altered and
tailored to allow a wide range of experiments in support of
nuclear engineering studies of alternative reactor
configurations, including studies of materials that may be used
in future fission or fusion systems.
SEC. 502. DEFINITIONS.
In this title:
(1) Office.--The term ``Office'' means the Office of
Nuclear Energy, Science, and Technology of the Department of
Energy.
(2) Program.--The term ``program'' means the Advanced
Accelerator Applications Program established under section 503.
(3) Proposal.--The term ``proposal'' means the proposal for
a location supporting the missions identified for the program
developed under section 503.
SEC. 503. ADVANCED ACCELERATOR APPLICATIONS PROGRAM.
(a) Establishment of Program.--The Secretary shall establish a
program to be known as the ``Advanced Accelerator Applications
Program''.
(b) Mission.--The mission of the program shall include conducting
scientific or engineering research, development, and demonstrations
on--
(1) accelerator production of tritium as a backup
technology;
(2) transmutation of spent nuclear fuel and waste;
(3) production of radioisotopes;
(4) advanced nuclear engineering concepts, including
material science issues; and
(5) other applications that may be identified.
(c) Administration.--The program shall be administered by the
Office--
(1) in consultation with the National Nuclear Security
Administration, for all activities related to tritium
production; and
(2) in consultation with the Office of Civilian Radioactive
Waste Management, for all activities relating to the impact of
waste transmutation on repository requirements.
(d) Participation.--The Office shall encourage participation of
international collaborators, industrial partners, national
laboratories, and, through support for new graduate engineering and
science students and professors, universities.
(e) Proposal of Location.--
(1) In general.--The Office shall develop a detailed
proposal for a location supporting the missions identified for
the program.
(2) Contents.--The proposal shall--
(A) recommend capabilities for the accelerator and
for each major research or production effort;
(B) include development of a comprehensive site
plan supporting those capabilities;
(C) specify a detailed time line for construction
and operation of all activities;
(D) identify opportunities for involvement of the
private sector in production and use of radioisotopes;
(E) contain a recommendation for funding required
to accomplish the proposal in future fiscal years; and
(F) identify required site characteristics.
(3) Preliminary environmental impact assessment.--As part
of the process of identification of required site
characteristics, the Secretary shall undertake a preliminary
environmental impact assessment of a range of sites.
(4) Submission to congress.--Not later than March 31, 2002,
the Secretary shall submit to the Committee on Energy and
Natural Resources and Committee on Appropriations of the Senate
and the Committee on Science and Committee on Appropriations of
the House of Representatives a report describing the proposal.
(f) Competition.--
(1) In general.--The Secretary shall use the proposal to
conduct a nationwide competition among potential sites.
(2) Report.--Not later than June 30, 2003, the Secretary
shall submit to the Committee on Energy and Natural Resources
and Committee on Appropriations of the Senate and the Committee
on Science and the Committee on Appropriations of the House of
Representatives a report that contains an evaluation of
competing proposals and a recommendation of a final site and
for funding requirements to proceed with construction in future
fiscal years.
(g) Authorization of Appropriations.--
(1) Proposal.--There is authorized to be appropriated for
development of the proposal $20,000,000 for each of fiscal
years 2002 and 2003.
(2) Research, development, and demonstration activities.--
There are authorized to be appropriated for research,
development, and demonstration activities of the program--
(A) $120,000,000 for fiscal year 2002; and
(B) such sums as are necessary for subsequent
fiscal years.
TITLE VI--NUCLEAR REGULATORY COMMISSION REFORM
SEC. 601. DEFINITIONS.
Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is
amended--
(1) in subsection f., by striking ``Atomic Energy
Commission'' and inserting ``Nuclear Regulatory Commission'';
(2) by redesignating subsection jj. as subsection ll.; and
(3) by adding at the end the following:
``jj. Federal Nuclear Obligation.--The term `Federal nuclear
obligation' means--
``(1) a nuclear decommissioning obligation;
``(2) a fee required to be paid to the Federal Government
by a licensee for the storage, transportation, or disposal of
spent nuclear fuel and high-level radioactive waste, including
a fee required under the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101 et seq.); and
``(3) an assessment by the Federal Government to fund the
cost of decontamination and decommissioning of uranium
enrichment facilities, including an assessment required under
chapter 28 of the Energy Policy Act of 1992 (42 U.S.C. 2297g).
``kk. Nuclear Decommissioning Obligation.--The term `nuclear
decommissioning obligation' means an expense incurred to ensure the
continued protection of the public from the dangers of any residual
radioactivity or other hazards present at a facility at the time the
facility is decommissioned, including all costs of actions required
under rules, regulations and orders of the Commission for--
``(1) entombing, dismantling and decommissioning a
facility; and
``(2) administrative, preparatory, security and radiation
monitoring expenses associated with entombing, dismantling, and
decommissioning a facility.''.
SEC. 602. OFFICE LOCATION.
Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 2033) is
amended by striking ``; however, the Commission shall maintain an
office for the service of process and papers within the District of
Columbia''.
SEC. 603. LICENSE PERIOD.
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 initial duration of the license may not exceed 40 years
from the date on which the Commission finds, before operation
of the facility, that the acceptance criteria required by
section 185(b) are met.''.
SEC. 604. 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. 605. 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 in effect on the
date of enactment of the Nuclear Assets Restructuring Reform
Act of 2001 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
section 105a.; or
``(B) should be modified or removed.''.
SEC. 606. GIFT ACCEPTANCE AUTHORITY.
(a) In General.--Section 161g. of the Atomic Energy Act of 1954 (42
U.S.C. 2201(g)) is amended--
(1) by inserting ``(1)'' after ``(g)'';
(2) by striking ``this Act;'' and inserting ``this Act;
or''; and
(3) by adding at the end the following:
``(2) accept, hold, utilize, and administer gifts of real
and personal property (not including money) for the purpose of
aiding or facilitating the work of the Commission.''.
(b) Criteria for Acceptance of Gifts.--
(1) In general.--Chapter 14 of title I of the Atomic Energy
Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at
the end the following:
``SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS.
``(a) In General.--The Commission shall establish written criteria
for determining whether to accept gifts under section 161g.(2).
``(b) Considerations.--The criteria under subsection (a) shall take
into consideration whether the acceptance of a gift would compromise
the integrity of, or the appearance of the integrity of, the Commission
or any officer or employee of the Commission.''.
(2) Conforming amendment.--The table of contents of the
Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by
adding at the end of the items relating to chapter 14 the
following:
``Sec. 170C. Criteria for acceptance of gifts.''.
SEC. 607. 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''.
SEC. 608. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.
(a) In General.--Chapter 14 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2201 et seq.) (as amended by section 606(b)) is
amended--
(1) in section 161, by striking subsection k. and inserting
the following:
``k. authorize to carry a firearm in the performance of official
duties such of its members, officers, and employees, such of the
employees of its contractors and subcontractors (at any tier) engaged
in the protection of property under the jurisdiction of the United
States located at facilities owned by or contracted to the United
States or being transported to or from such facilities, and such of the
employees of persons licensed or certified by the Commission (including
employees of contractors of licensees or certificate holders) engaged
in the protection of facilities owned or operated by a Commission
licensee or certificate holder that are designated by the Commission or
in the protection of property of significance to the common defense and
security located at facilities owned or operated by a Commission
licensee or certificate holder or being transported to or from such
facilities, as the Commission considers necessary in the interest of
the common defense and security;'' and
(2) by adding at the end the following:
``SEC. 170D. CARRYING OF FIREARMS.
``(a) Authority To Make Arrest.--
``(1) In general.--A person authorized under section 161k.
to carry a firearm may, while in the performance of, and in
connection with, official duties, arrest an individual without
a warrant for any offense against the United States committed
in the presence of the person or for any felony under the laws
of the United States if the person has a reasonable ground to
believe that the individual has committed or is committing such
a felony.
``(2) Limitation.--An employee of a contractor or
subcontractor or of a Commission licensee or certificate holder
(or a contractor of a licensee or certificate holder)
authorized to make an arrest under paragraph (1) may make an
arrest only--
``(A) when the individual is within, or is in
flight directly from, the area in which the offense was
committed; and
``(B) in the enforcement of--
``(i) a law regarding the property of the
United States in the custody of the Department
of Energy, the Commission, or a contractor of
the Department of Energy or Commission or a
licensee or certificate holder of the
Commission;
``(ii) a law applicable to facilities owned
or operated by a Commission licensee or
certificate holder that are designated by the
Commission under section 161k.;
``(iii) a law applicable to property of
significance to the common defense and security
that is in the custody of a licensee or
certificate holder or a contractor of a
licensee or certificate holder of the
Commission; or
``(iv) any provision of this Act that
subjects an offender to a fine, imprisonment,
or both.
``(3) Other authority.--The arrest authority conferred by
this section is in addition to any arrest authority under other
law.
``(4) Guidelines.--The Secretary and the Commission, with
the approval of the Attorney General, shall issue guidelines to
implement section 161k. and this subsection.''.
(b) Conforming Amendment.--The table of contents of the Atomic
Energy Act of 1954 (42 U.S.C. prec. 2011) (as amended by section
7(b)(2)) is amended by adding at the end of the items relating to
chapter 14 the following:
``Sec. 170D. Carrying of firearms.''.
SEC. 609. COST RECOVERY FROM GOVERNMENT AGENCIES.
Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w))
is amended--
(1) by striking ``, or which operates any facility
regulated or certified under section 1701 or 1702,'';
(2) by striking ``483a of title 31 of the United States
Code'' and inserting ``9701 of title 31, United States Code,'';
and
(3) by inserting before the period at the end the
following: ``, and, commencing October 1, 2002, prescribe and
collect from any other Government agency any fee, charge, or
price that the Commission may require in accordance with
section 9701 of title 31, United States Code, or any other
law''.
SEC. 610. 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
established under sections 553 and 555 of title 5,
United States Code, unless the Commission determines
that formal adjudicatory procedures are necessary--
``(i) to develop a sufficient record; or
``(ii) to achieve fairness.''.
SEC. 611. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a))
is amended in the first sentence by inserting ``or subject to the
licensing authority of the Commission or to certification by the
Commission under this Act or any other Act'' before the period at the
end.
SEC. 612. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a))
is amended--
(1) in paragraph (2), by striking ``storage facility'' and
inserting ``storage, treatment, or disposal facility'';
(2) in paragraph (3)--
(A) by striking ``such a utilization facility'' and
inserting ``a utilization facility licensed under this
Act''; and
(B) by striking ``or'' at the end;
(3) in paragraph (4)--
(A) by striking ``facility licensed'' and inserting
``or nuclear fuel fabrication facility licensed or
certified''; and
(B) by striking the period at the end and inserting
``; or''; and
(4) by adding at the end the following:
``(5) any production, utilization, waste storage, waste
treatment, waste disposal, uranium enrichment, or nuclear fuel
fabrication facility subject to licensing or certification
under this Act during construction of the facility, if the
person knows or reasonably should know that there is a
significant possibility that the destruction or damage caused
or attempted to be caused could adversely affect public health
and safety during the operation of the facility;''.
SEC. 613. NUCLEAR DECOMMISSIONING OBLIGATIONS OF NONLICENSEES.
(a) In General.--The Atomic Energy Act of 1954 is amended by
inserting after section 241 (42 U.S.C. 2015) the following:
``SEC. 242. NUCLEAR DECOMMISSIONING OBLIGATIONS OF NONLICENSEES.
``(a) Definition of Facility.--In this section, the term `facility'
means a commercial nuclear electric generating facility for which a
Federal nuclear obligation is incurred.
``(b) Decommissioning Obligations.--After public notice and in
accordance with section 181, the Commission shall establish by rule,
regulation, or order any requirement that the Commission considers
necessary to ensure that a person that is not a licensee (including a
former licensee) complies fully with any nuclear decommissioning
obligation.''.
(b) Conforming Amendment.--The table of contents of the Atomic
Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by inserting after
the item relating to section 241 the following:
``Sec. 242. Nuclear decommissioning obligations of nonlicensees.''.
SEC. 614. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title
and the amendments made by this title take effect on the date of
enactment of this Act.
(b) Recommissioning and License Removal.--The amendment made by
section 613 takes effect on the date that is 180 days after the date of
enactment of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1973-1976)
Read twice and referred to the Committee on Energy and Natural Resources. (text of measure as introduced: CR S1976-1982)
Committee on Energy and Natural Resources. Hearings held.
Committee on Energy and Natural Resources. Hearings held.
Committee on Energy and Natural Resources. Hearings held and concluded. Hearings printed: S.Hrg. 107-144 pt.1.
Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 107-144 pt.2.
Sponsor introductory remarks on measure. (CR S11618)
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