[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.''.
                                 <all>