[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1679 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1679
To ensure that nuclear energy continues to contribute to the supply of
electricity in the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2001
Mr. Graham (for himself, Mr. Stenholm, Mr. Burr of North Carolina, Mr.
Hastings of Washington, Mr. Wamp, Mr. Simpson, Mr. Norwood, and Mrs.
Wilson) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Science, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
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 ``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. Nuclear Energy Research Initiative.
Sec. 122. Nuclear Plant Optimization Program.
Sec. 123. Uprating of nuclear plant operations.
Sec. 124. University programs.
Sec. 125. Prohibition of commercial sales of uranium and conversion
held by the Department of Energy until
2005.
Sec. 126. Cooperative research and development and special
demonstration projects for the uranium
mining industry.
Sec. 127. Mixed oxide fuel program.
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. Research program.
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. Finding.
Sec. 402. Office of Spent Nuclear Fuel Research.
Sec. 403. Advanced fuel recycling technology development program.
TITLE V--NATIONAL ACCELERATOR SITE
Sec. 501. Finding.
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. 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) the United States needs an energy portfolio containing
nuclear generation to limit fluctuations in overall energy
prices;
(5)(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 the same price fluctuations as fossil fuels;
(6) 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;
(7) 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;
(8) 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;
(9) uncertainty surrounding the costs associated with
regulatory approval for siting, constructing, and operating
nuclear plants confuses the economics for new plant
investments;
(10) 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;
(11)(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;
(12)(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
(13)(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 170 c. 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
170 d.(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
170 k. 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 170 b.(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 170 d. 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
liability 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 170 d. 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 170 d.(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 170 e.(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 170 p. 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 170 t. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(t))
is amended--
(1) by redesignating 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 234A b.(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 ``six'' and inserting ``eight''.
(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, who shall be the
Assistant Secretary of Nuclear Energy, Science and Technology,
the responsibility for overseeing and administering the Office
of Nuclear Energy, Science and Technology; and
(2) to the other of the Assistant Secretaries, who shall be
the Assistant Secretary for Science, the responsibility for
overseeing and administering the Office of Science.
Subtitle C--Funding of Certain Department of Energy Programs
SEC. 121. 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 Assistant Secretary for 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. 122. NUCLEAR PLANT OPTIMIZATION PROGRAM.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for a Nuclear Plant Optimization Program
to be managed by the Assistant Secretary for 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 Plant Optimization Program.
SEC. 123. UPRATING OF NUCLEAR PLANT OPERATIONS.
(a) Payment of Commission User Fees.--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 provides information indicating to the satisfaction of the
Secretary that the licensee will achieve the increased capacity before
December 31, 2004.
(b) Preference.--Preference shall be given by the Secretary to
reimbursing projects in which a single uprating operation can benefit
multiple domestic nuclear power reactors.
(c) Incentive Payments.--
(1) In general.--In addition to payments made under
subsection (b), 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 provides information indicating to the satisfaction of
the Secretary that the licensee will achieve the increased
capacity rating before December 31, 2004.
(2) Limitation.--No incentive payment under paragraph (1)
associated with any single nuclear plant shall exceed
$1,000,000.
(d) Condition of Payment.--Payments made under subsection (a) or
(c) shall be made on the condition that they will be repaid to the
Secretary if the licensee fails to achieve the appropriate increased
capacity rating before December 31, 2004.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $15,000,000 for
each of fiscal years 2002, 2003, and 2004.
SEC. 124. 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 the Secretary 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); and
(C) $11,000,000 shall be available to carry out
subsection (d); and
(2) such sums as are necessary for subsequent fiscal years.
At least 20 percent of the amounts appropriated pursuant to paragraph
(1)(B), and pursuant to paragraph (1)(C), shall be available to support
health physics programs.
SEC. 125. PROHIBITION OF COMMERCIAL SALES OF URANIUM AND CONVERSION
HELD BY THE DEPARTMENT OF ENERGY UNTIL 2005.
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 the
Department's surplus natural uranium and
conversion services through 2005 (except 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 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. 126. COOPERATIVE RESEARCH AND DEVELOPMENT AND SPECIAL
DEMONSTRATION PROJECTS FOR THE URANIUM MINING INDUSTRY.
There are 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 of Energy 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. 127. MIXED OXIDE FUEL PROGRAM.
(a) Findings.--The Congress finds that--
(1) the United States and Russia signed a Plutonium
Management and Disposition agreement on September 1, 2000;
(2) that agreement directs that 34 metric tons of plutonium
from each country's weapons stockpile be converted to a usable
mixed oxide fuel to be burned in commercial reactors;
(3) that agreement would eliminate for the United States
the long-term storage costs of plutonium at 5 Government sites
in this country;
(4) those ongoing storage costs will far exceed the
conversion costs if the stockpiled plutonium is left in its
current state;
(5) it is safer and more cost-effective for the United
States to convert stockpiled plutonium into mixed oxide fuel
than to not do so;
(6) the Plutonium Management and Disposition agreement
should be implemented; and
(7) construction of the Mixed Oxide Fuel Fabrication
Facility, as provided in the Plutonium Management and
Disposition agreement, will facilitate the cleanup of several
Department of Energy former weapons sites, at significant cost
savings to the Federal Government.
(b) Construction of Facility.--The Secretary of Energy shall begin
the construction of the Mixed Oxide Fuel Fabrication Facility by
October of 2003, as provided in the Plutonium Management and
Disposition agreement entered into between the United States and Russia
on September 1, 2000.
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 are 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 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 and maintain appropriate portions of the Portsmouth Gaseous
Diffusion Plant into cold standby condition for a period of up to 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 are authorized to be
appropriated to the Secretary 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. RESEARCH PROGRAM.
The Commission shall develop a research program to support
regulatory actions relating to new nuclear plant technologies.
SEC. 202. NUCLEAR PLANT COMPLETION INITIATIVE.
(a) Information.--The Secretary shall solicit such information as
may be useful in carrying out this section on United States nuclear
plants requiring additional capital investment before becoming
operational or being returned to operation.
(b) Identification of Nuclear Plants.--The Secretary shall convene
a panel of experts to--
(1) review information obtained under subsection (a); and
(2) identify which nuclear plants should be included in the
assessment under subsection (c).
(c) Technical and Economic Completion Assessment.--On completion of
the identification of candidate nuclear plants under subsection (b)(2),
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 and operating or returning to
operation any or all of the nuclear plants identified under subsection
(b)(2) by December 31, 2004.
(d) Solicitation of Proposals.--After making the results of the
assessment under subsection (c) available to the public, the Secretary
shall issue a solicitation of offers for 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 included in the report submitted under
subsection (f), 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 offeror
in siting, constructing, or operating nuclear plants.
(G) Lowest cost to the Government.
(2) Regional and state support.--No proposal shall be
included in the report submitted under subsection (f) without
endorsement by the State Governor and by the elected governing
bodies of each political subdivision in which the nuclear plant
is located.
(f) Report to Congress.--
(1) In general.--Not later than June 1, 2002, the Secretary
shall submit to Congress a report describing the nuclear plants
selected 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 to expedite completion of the
nuclear plants.
(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 are authorized to be
appropriated to the Secretary 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 plants.
(b) Solicitation of Proposals.--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 demonstrate the early site permit
process.
(c) List of Approved Sites.--The Secretary shall create a list of
approved sites by December 31, 2003.
(d) Criteria for Proposals.--A proposal submitted under subsection
(b) shall--
(1) identify a site owned by the offeror (except as
provided in subsection (e)(2)) 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.
(e) Selection of Proposals.--(1) The Secretary shall establish a
competitive process to review and select the projects to be pursued,
taking into consideration the following:
(A) Time to prepare the application.
(B) Site qualities or characteristics that could affect the
duration of application review.
(C) The financial capability of the offeror.
(D) The experience of the offeror in siting, constructing,
or operating nuclear plants.
(E) The support of regional and State officials.
(F) The need for new electricity supply in the vicinity of
the site, or proximity to suitable transmission lines.
(G) Lowest cost to the Government.
(2) At least one of the proposals selected under this subsection
shall propose a site on Department of Energy land.
(f) 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.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary 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 public or private 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, including--
(1) economics competitive with natural gas-fueled
generators;
(2) enhanced safety features, including 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.
(d) Consultation.--In conducting the study under subsection (a),
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.
(e) Report.--
(1) In general.--Not later than December 31, 2002, the
Secretary shall submit to Congress a report describing the
activities of the Secretary under this section, 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;
(G) an evaluation of opportunities for siting
demonstration facilities on Department of Energy land;
and
(H) a recommendation for appropriate involvement of
the Commission.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section and to carry
out the recommendations in the report submitted under subsection (e)--
(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 with respect
to total system behavior and response to hypothesized
accidents; and
(2) consideration of new reactor technologies that may
affect--
(A) risk-informed licensing of new nuclear 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 nuclear plants; and
(E) other emerging technical issues.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission 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-generated
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. 303. 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 emission-free electricity
production facilities if the organization fails to make reasonable
efforts to include projects that use nuclear plants.
(b) Request for Policies.--The Secretary of Energy shall request
copies of all written policies regarding the eligibility of nuclear
plants for funding or support from international or domestic
organizations engaged in the financing, development, insuring, or
underwriting of emission-free 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. FINDING.
Congress finds that 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) Definition.--In this section the term ``Associate Director''
means the Associate Director of 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 of Spent Nuclear Fuel Research
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) Participation.--The Associate Director shall coordinate
the participation of national laboratories, other Department of
Energy facilities, 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.
(2) Activities.--The Associate Director shall--
(A) develop a research plan to provide
recommendations to the Secretary by 2015;
(B) identify promising technologies for the
treatment, recycling, and disposal of spent nuclear
fuel and high-level radioactive waste;
(C) conduct research, development, and
demonstration 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-based 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)(2).
(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 the Secretary 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, may 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. DEFINITION.
In this title, the term ``Program'' means the Advanced Accelerator
Applications Program established 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) Missions.--The missions 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 of Nuclear Energy, Science and Technology--
(1) subject to the concurrence of the Administrator for
Nuclear Security, for all activities related to tritium
production;
(2) in consultation with the Office of Civilian Radioactive
Waste Management, for all activities relating to the impact of
waste transmutation on repository requirements; and
(3) in consultation with other Federal agencies as deemed
appropriate by the Secretary.
(d) Participation.--The Office of Nuclear Energy, Science and
Technology shall encourage participation of international
collaborators, industrial partners, national laboratories, other
Department of Energy facilities, and, through support for new graduate
engineering and science students and professors, universities.
(e) Report to Congress.--
(1) Contents.--The Office of Nuclear Energy, Science and
Technology shall prepare a report on the project proposed at
the location identified under section 3133(c) of the National
Defense Authorization Act for Fiscal Year 1996 (42 U.S.C. 2121
note). The report shall--
(A) specify a detailed time line for construction
and for operation of all activities;
(B) identify opportunities for involvement of the
private sector in production and use of radioisotopes;
and
(C) contain a recommendation for funding required
to accomplish the project in future fiscal years.
(2) Submittal to congress.--Not later than March 31, 2002,
the Secretary shall submit the report to the Committee on
Energy and Natural Resources and Committee on Appropriations of
the Senate, and to the Committee on Armed Services, Committee
on Science, and Committee on Appropriations of the House of
Representatives.
(f) Authorization of Appropriations.--
(1) Proposal.--There are authorized to be appropriated to
the Secretary for the preparation and submittal of the report
under subsection (e) $5,000,000 for each of fiscal years 2002
and 2003.
(2) Research, development, and demonstration activities.--
There are authorized to be appropriated to the Secretary 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'';
and
(2) by redesignating subsection jj. as subsection ii..
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 103 c. 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.
Section 104 d. 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 Electricity Supply Assurance 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
subsection a.; or
``(B) should be modified or removed.''.
SEC. 606. GIFT ACCEPTANCE AUTHORITY.
(a) In General.--Section 161 g. 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 161 g.(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 161 i. 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 104 b.,
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) of this
Act) 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.--A person authorized under section
161 k. 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.
``(b) 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
subsection (a) may make an arrest only--
``(1) when the individual is within, or is in flight
directly from, the area in which the offense was committed; and
``(2) in the enforcement of--
``(A) 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;
``(B) a law applicable to facilities owned or
operated by a Commission licensee or certificate holder
that are designated by the Commission under section 161
k.;
``(C) 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
``(D) any provision of this Act that subjects an
offender to a fine, imprisonment, or both.
``(c) Other Authority.--The arrest authority conferred by this
section is in addition to any arrest authority under other law.
``(d) Guidelines.--The Secretary and the Commission, with the
approval of the Attorney General, shall issue guidelines to implement
section 161 k. and this section.''.
(b) Conforming Amendment.--The table of contents of the Atomic
Energy Act of 1954 (42 U.S.C. prec. 2011) (as amended by section
605(b)(2) of this Act) 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 161 w. 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 189 a.(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 229 a. 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 236 a. 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) Definitions.--In this section--
``(1) the term `facility' means a commercial nuclear
electric generating facility for which a Federal nuclear
obligation is incurred;
``(2) the term `Federal nuclear obligation' means--
``(A) a nuclear decommissioning obligation;
``(B) 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
``(C) 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 this Act; and
``(3) 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--
``(A) entombing, dismantling, and decommissioning a
facility; and
``(B) administrative, preparatory, security, and
radiation monitoring expenses associated with
entombing, dismantling, and decommissioning a facility.
``(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.''.
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