[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1667 Introduced in Senate (IS)]

  1st Session
                                S. 1667

To ensure that nuclear energy continues to contribute to the supply of 
                   electricity in the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 2001

 Mr. Domenici introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To ensure that nuclear energy continues to contribute to the supply of 
                   electricity in the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Nuclear Energy 
Electricity Supply Assurance Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
          TITLE I--SUPPORT FOR CONTINUED USE OF NUCLEAR ENERGY

                 Subtitle A--Price-Anderson Amendments

Sec. 101. Short title.
Sec. 102. Indemnification authority.
Sec. 103. Maximum assessment.
Sec. 104. Department of Energy liability limit.
Sec. 105. Incidents outside the United States.
Sec. 106. Reports.
Sec. 107. Inflation adjustment.
Sec. 108. Civil penalties.
Sec. 109. Applicability.
 Subtitle B--Leadership of the Office of Nuclear Energy, Science, and 
                  Technology and the Office of Science

Sec. 111. Assistant Secretaries.
      Subtitle C--Funding of Certain Department of Energy Programs

Sec. 121. Establishment of programs.
Sec. 122. Nuclear energy research initiative.
Sec. 123. Nuclear energy plant optimization program.
Sec. 124. Uprating of nuclear plant operations.
Sec. 125. University programs.
Sec. 126. Prohibition of commercial sales of uranium and conversion 
                            held by the Department of Energy until 
                            2006.
Sec. 127. Maintenance of a viable domestic uranium conversion industry.
Sec. 128. Portsmouth gaseous diffusion plant.
Sec. 129. Nuclear generation report. 
                TITLE II--CONSTRUCTION OF NUCLEAR PLANTS

Sec. 201. Establishment of programs.
Sec. 202. Nuclear plant completion initiative.
Sec. 203. Early site permit demonstration program.
Sec. 204. Nuclear energy technology study for Generation IV Reactors.
Sec. 205. Research supporting regulatory processes for new reactor 
                            technologies and designs.
                TITLE III--EVALUATIONS OF NUCLEAR ENERGY

Sec. 301. Environmentally preferable purchasing.
Sec. 302. Emission-free control measures under a State implementation 
                            plan.
Sec. 303. Prohibition of discrimination against emission-free 
                            electricity projects in international 
                            development programs.
     TITLE IV--DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY

Sec. 401. Findings.
Sec. 402. Office of spent nuclear fuel research.
Sec. 403. Advanced fuel recycling technology development program.
                   TITLE V--NATIONAL ACCELERATOR SITE

Sec. 501. Findings.
Sec. 502. Definitions.
Sec. 503. Advanced Accelerator Applications Program.
             TITLE VI--NUCLEAR REGULATORY COMMISSION REFORM

Sec. 601. Definitions.
Sec. 602. Office location.
Sec. 603. License period.
Sec. 604. Elimination of foreign ownership restrictions.
Sec. 605. Elimination of duplicative antitrust review.
Sec. 606. Gift acceptance authority.
Sec. 607. Authority over former licensees for decommissioning funding.
Sec. 608. Carrying of firearms by licensee employees.
Sec. 609. Cost recovery from Government agencies.
Sec. 610. Hearing procedures.
Sec. 611. Unauthorized introduction of dangerous weapons.
Sec. 612. Sabotage of nuclear facilities or fuel.
Sec. 613. Nuclear decommissioning obligations of nonlicensees.
Sec. 614. Effective date.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the standard of living for citizens of the United 
        States is linked to the availability of reliable, low-cost, 
        energy supplies;
            (2) personal use patterns, manufacturing processes, and 
        advanced cyber information all fuel increases in the demand for 
        electricity;
            (3) demand-side management, while important, is not likely 
        to halt the increase in energy demand;
            (4)(A) nuclear power is the largest producer of essentially 
        emission-free electricity;
            (B) nuclear energy is one of the few energy sources that 
        controls all pollutants;
            (C) nuclear plants are demonstrating excellent reliability 
        as the plants produce power at low cost with a superb safety 
        record; and
            (D) the generation costs of nuclear power are not subject 
        to price fluctuations of fossil fuels because nuclear fuels can 
        be mined domestically or purchased from reliable trading 
        partners;
            (5) requirements for new highly reliable baseload 
        generation capacity coupled with increasing environmental 
        concerns and limited long-term availability of fossil fuels 
        require that the United States preserve the nuclear energy 
        option into the future;
            (6) to ensure the reliability of electricity supply and 
        delivery, the United States needs programs to encourage the 
        extended or more efficient operation of currently existing 
        nuclear plants and the construction of new nuclear plants;
            (7) a qualified workforce is a prerequisite to continued 
        safe operation of--
                    (A) nuclear plants;
                    (B) the nuclear navy;
                    (C) programs dealing with high-level or low-level 
                waste from civilian or defense facilities; and
                    (D) research and medical uses of nuclear 
                technologies;
            (8) uncertainty surrounding the costs associated with 
        regulatory approval for siting, constructing, and operating 
        nuclear plants confuses the economics for new plant 
        investments;
            (9) to ensure the long-term reliability of supplies of 
        nuclear fuel, the United States must ensure that the domestic 
        uranium mining, conversion, and enrichment service industries 
        remain viable;
            (10)(A) technology developed in the United States and 
        worldwide, broadly labeled as the Generation IV Reactor, is 
        demonstrating that new designs of nuclear reactors are 
        feasible;
            (B) plants using the new designs would have improved 
        safety, minimized proliferation risks, reduced spent fuel, and 
        much lower costs; and
            (C)(i) the nuclear facility infrastructure needed to 
        conduct nuclear energy research and development in the United 
        States has been allowed to erode over the past decade; and
            (ii) that infrastructure must be restored to support 
        development of Generation IV nuclear energy systems;
            (11)(A) to ensure the long-term viability of nuclear power, 
        the public must be confident that final waste forms resulting 
        from spent fuel are controlled so as to have negligible impact 
        on the environment; and
            (B) continued research on repositories, and on approaches 
        to mitigate the toxicity of materials entering any future 
        repository, would serve that public interest; and
            (12)(A) the Nuclear Regulatory Commission must continue its 
        stewardship of the safety of our nuclear industry;
            (B) at the same time, the Commission must streamline 
        processes wherever possible to provide timely responses to a 
        wide range of safety, upgrade, and licensing issues;
            (C) the Commission should conduct research on new reactor 
        technologies to support future regulatory decisions; and
            (D) a revision of certain Commission procedures would 
        assist in more timely processing of license applications and 
        other requests for regulatory action.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (2) Early site permit.--The term ``Early Site Permit'' 
        means a permit for a site to be a future location for a nuclear 
        plant under subpart A of part 52 of title 10, Code of Federal 
        Regulations.
            (3) Nuclear plant.--The term ``nuclear plant'' means a 
        nuclear energy facility that generates electricity.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

          TITLE I--SUPPORT FOR CONTINUED USE OF NUCLEAR ENERGY

                 Subtitle A--Price-Anderson Amendments

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``Price-Anderson Amendments Act 
of 2001''.

SEC. 102. INDEMNIFICATION AUTHORITY.

    (a) Indemnification of Nuclear Regulatory Commission Licensees.--
Section 170c. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(c)) is 
amended--
            (1) in the subsection heading, by striking ``Licenses'' and 
        inserting ``Licensees''; and
            (2) by striking ``August 1, 2002'' each place it appears 
        and inserting ``August 1, 2012''.
    (b) Indemnification of Department of Energy Contractors.--Section 
170d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(1)(A)) 
is amended by striking ``, until August 1, 2002,''.
    (c) Indemnification of Nonprofit Educational Institutions.--Section 
170k. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(k)) is amended 
by striking ``August 1, 2002'' each place it appears and inserting 
``August 1, 2012''.

SEC. 103. MAXIMUM ASSESSMENT.

    Section 170b.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(b)(1)) is amended in the second proviso of the third sentence by 
striking ``$10,000,000'' and inserting ``$20,000,000''.

SEC. 104. DEPARTMENT OF ENERGY LIABILITY LIMIT.

    (a) Aggregate Liability Limit.--Section 170d. of the Atomic Energy 
Act of 1954 (42 U.S.C. 2210(d)) is amended by striking paragraph (2) 
and inserting the following:
            ``(2) Liability limit.--In an agreement of indemnification 
        entered into under paragraph (1), the Secretary--
                    ``(A) may require the contractor to provide and 
                maintain the financial protection of such a type and in 
                such amounts as the Secretary shall determine to be 
                appropriate to cover public liability arising out of or 
                in connection with the contractual activity; and
                    ``(B) shall indemnify the persons indemnified 
                against such claims above the amount of the financial 
                protection required, in the amount of $10,000,000,000 
                (subject to adjustment for inflation under subsection 
                t.), in the aggregate, for all persons indemnified in 
                connection with the contract and for each nuclear 
                incident, including such legal costs of the contractor 
                as are approved by the Secretary.''.
    (b) Contract Amendments.--Section 170d. of the Atomic Energy Act of 
1954 (42 U.S.C. 2210(d)) is amended by striking paragraph (3) and 
inserting the following:
            ``(3) Contract amendments.--All agreements of 
        indemnification under which the Department of Energy (or its 
        predecessor agencies) may be required to indemnify any person, 
        shall be deemed to be amended, on the date of enactment of the 
        Price-Anderson Amendments Act of 2001, to reflect the amount of 
        indemnity for public liability and any applicable financial 
        protection required of the contractor under this subsection on 
        that date.''.

SEC. 105. INCIDENTS OUTSIDE THE UNITED STATES.

    (a) Amount of Indemnification.--Section 170d.(5) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2210(d)(5)) is amended by striking 
``$100,000,000'' and inserting ``$500,000,000''.
    (b) Liability Limit.--Section 170e.(4) of the Atomic Energy Act of 
1954 (42 U.S.C. 2210(e)(4)) is amended by striking ``$100,000,000'' and 
inserting ``$500,000,000''.

SEC. 106. REPORTS.

    Section 170p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) 
is amended by striking ``August 1, 1998'' and inserting ``August 1, 
2008''.

SEC. 107. INFLATION ADJUSTMENT.

    Section 170t. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(t)) 
is amended--
            (1) by designating paragraph (2) as paragraph (3); and
            (2) by adding after paragraph (1) the following:
            ``(2) Adjustment.--The Secretary shall adjust the amount of 
        indemnification provided under an agreement of indemnification 
        under subsection d. not less than once during each 5-year 
        period following the date of enactment of the Price-Anderson 
        Amendments Act of 2001, in accordance with the aggregate 
percentage change in the Consumer Price Index since--
                    ``(A) that date of enactment, in the case of the 
                first adjustment under this subsection; or
                    ``(B) the previous adjustment under this 
                subsection.''.

SEC. 108. CIVIL PENALTIES.

    (a) Repeal of Automatic Remission.--Section 234Ab.(2) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2282a(b)(2)) is amended by striking the 
last sentence.
    (b) Limitation for Nonprofit Institutions.--Section 234A of the 
Atomic Energy Act of 1954 (42 U.S.C. 2282a) is amended by striking 
subsection d. and inserting the following:
    ``d. Notwithstanding subsection a., no contractor, subcontractor, 
or supplier of the Department of Energy that is an organization 
described in section 501(c)(3) of the Internal Revenue Code of 1986 
that is exempt from taxation under section 501(a) of the Code shall be 
subject to a civil penalty under this section in any fiscal year in 
excess of the amount of any performance fee paid by the Secretary 
during that fiscal year to the contractor, subcontractor, or supplier 
under the contract under which a violation occurs.''.

SEC. 109. APPLICABILITY.

    (a) Indemnification Provisions.--The amendments made by sections 
103, 104, and 105 do not apply to a nuclear incident that occurs before 
the date of enactment of this Act.
    (b) Civil Penalty Provisions.--The amendments made by section 
108(b) do not apply to a violation that occurs under a contract entered 
into before the date of enactment of this Act.

 Subtitle B--Leadership of the Office of Nuclear Energy, Science, and 
                  Technology and the Office of Science

SEC. 111. ASSISTANT SECRETARIES.

    (a) In General.--Section 203(a) of the Department of Energy 
Organization Act (42 U.S.C. 7133(a)) is amended in the matter preceding 
paragraph (1) by striking ``eight'' and inserting ``ten''.
    (b) Functions.--On appointment of the 2 additional Assistant 
Secretaries of Energy under the amendment made by subsection (a), the 
Secretary shall assign--
            (1) to one of the Assistant Secretaries, the functions 
        performed by the Director of the Office of Science as of the 
        date of enactment of this Act; and
            (2) to the other, the functions performed by the Director 
        of the Office of Nuclear Energy, Science, and Technology as of 
        that date.

      Subtitle C--Funding of Certain Department of Energy Programs

SEC. 121. ESTABLISHMENT OF PROGRAMS.

    The Secretary shall establish or continue programs administered by 
the Office of Nuclear Energy, Science, and Technology to--
            (1) support the Nuclear Energy Research Initiative, the 
        Nuclear Energy Plant Optimization Program, and the Nuclear 
        Energy Technology Program;
            (2) encourage investments to increase the electricity 
        capacity at commercial nuclear plants in existence on the date 
        of enactment of this Act;
            (3) ensure continued viability of a domestic capability for 
        uranium mining, conversion, and enrichment industries; and
            (4) support university nuclear engineering education 
        research and infrastructure programs, including closely related 
        specialties such as health physics, actinide chemistry, and 
        material sciences.

SEC. 122. NUCLEAR ENERGY RESEARCH INITIATIVE.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary, for a Nuclear Energy Research Initiative 
to be managed by the Director of the Office of Nuclear Energy, Science, 
and Technology for grants to be competitively awarded and subject to 
peer review for research relating to nuclear energy--
            (1) $60,000,000 for fiscal year 2002; and
            (2) such sums as are necessary for fiscal years 2003 
        through 2006.
    (b) Reports.--The Secretary shall submit to the Committee on 
Science and the Committee on Appropriations of the House of 
Representatives, and to the Committee on Energy and Natural Resources 
and the Committee on Appropriations of the Senate an annual report on 
the activities of the Nuclear Energy Research Initiative.

SEC. 123. NUCLEAR ENERGY PLANT OPTIMIZATION PROGRAM.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for a Nuclear Energy Plant Optimization 
Program to be managed by the Director of the Office of Nuclear Energy, 
Science, and Technology for a joint program with industry cost-shared 
by at least 50 percent and subject to annual review by the Secretary of 
Energy's Nuclear Energy Research Advisory Committee--
            (1) $15,000,000 for fiscal year 2002; and
            (2) such sums as are necessary for fiscal years 2003 
        through 2006.
    (b) Reports.--The Secretary shall submit to the Committee on 
Science and the Committee on Appropriations of the House of 
Representatives, and to the Committee on Energy and Natural Resources 
and the Committee on Appropriations of the Senate an annual report on 
the activities of the Nuclear Energy Plant Optimization Program.

SEC. 124. UPRATING OF NUCLEAR PLANT OPERATIONS.

    (a) In General.--The Secretary, to the extent funds are available, 
shall reimburse costs incurred by a licensee of a nuclear plant as 
provided in this section.
    (b) Payment of Commission User Fees.--In carrying out subsection 
(a), the Secretary shall reimburse all user fees incurred by a licensee 
of a nuclear plant for obtaining the approval of the Commission to 
achieve a permanent increase in the rated electricity capacity of the 
licensee's nuclear plant if the licensee achieves the increased 
capacity before December 31, 2004.
    (c) Preference.--Preference shall be given by the Secretary to 
projects in which a single uprating operation can benefit multiple 
domestic nuclear power reactors.
    (d) Incentive Payments.--
            (1) In general.--In addition to payments made under 
        subsection (a), the Secretary shall offer an incentive payment 
        equal to 10 percent of the capital improvement cost resulting 
        in a permanent increase of at least 5 percent in the rated 
        electricity capacity of the licensee's nuclear plant if the 
        licensee achieves the increased capacity rating before December 
        31, 2004.
            (2) Limitation.--No incentive payment under paragraph (1) 
        associated with any single nuclear unit shall exceed 
        $1,000,000.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000 for each of fiscal 
years 2002 and 2003.

SEC. 125. UNIVERSITY PROGRAMS.

    (a) In General.--The Secretary may, as provided in this section, 
provide grants and other forms of payment to further the national goal 
of producing well-educated graduates in nuclear engineering and closely 
related specialties that support nuclear energy programs such as health 
physics, actinide chemistry, and material sciences.
    (b) Support for University Research Reactors.--The Secretary may 
provide grants and other forms of payments for plant upgrading to 
universities in the United States that operate and maintain nuclear 
research reactors.
    (c) Support for University Research and Development.--The Secretary 
may provide grants and other forms of payment for research and 
development work by faculty, staff, and students associated with 
nuclear engineering programs and closely related specialties at 
universities in the United States.
    (d) Support for Nuclear Engineering Students and Faculty.--The 
Secretary may provide fellowships, scholarships, and other support to 
students and to departments of nuclear engineering and closely related 
specialties at universities in the United States.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $34,200,000 for fiscal year 2002, of which--
                    (A) $13,000,000 shall be available to carry out 
                subsection (b);
                    (B) $10,200,000 shall be available to carry out 
                subsection (c) of which not less than $2,000,000 shall 
                be available to support health physics programs; and
                    (C) $11,000,000 shall be available to carry out 
                subsection (d) of which not less than $2,000,000 shall 
                be available to support health physics programs; and
            (2) such sums as are necessary for subsequent fiscal years.

SEC. 126. PROHIBITION OF COMMERCIAL SALES OF URANIUM AND CONVERSION 
              HELD BY THE DEPARTMENT OF ENERGY UNTIL 2006.

    Section 3112(b) of the USEC Privatization Act (42 U.S.C. 2297h-
10(b)) is amended by striking paragraph (2) and inserting the 
following:
            ``(2) Sale of uranium hexafluoride.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) sell and receive payment for the 
                        uranium hexafluoride transferred to the 
                        Secretary under paragraph (1); and
                            ``(ii) refrain from sales of its surplus 
                        natural uranium and conversion services through 
                        2006 (except sales or transfers to the 
                        Tennessee Valley Authority in relation to the 
                        Department's HEU or Tritium programs, minor 
                        quantities associated with site cleanup 
                        projects, or the Department of Energy research 
                        reactor sales program).
                    ``(B) Requirements.--Under subparagraph (A)(i), 
                uranium hexafluoride shall be sold--
                            ``(i) in 1995 and 1996 to the Russian 
                        Executive Agent at the purchase price for use 
                        in matched sales pursuant to the Suspension 
                        Agreement; or
                            ``(ii) in 2006 for consumption by end users 
                        in the United States not before January 1, 
                        2007, and in subsequent years, in volumes not 
                        to exceed 3,000,000 pounds 
                        U<INF>3</INF>O<INF>8</INF> equivalent per 
                        year.''.

SEC. 127. MAINTENANCE OF A VIABLE DOMESTIC URANIUM CONVERSION INDUSTRY.

    (a) In General.--For Department of Energy expenses necessary in 
providing to Converdyn Incorporated a payment for losses associated 
with providing conversion services for the production of low-enriched 
uranium (excluding imports related to actions taken under the United 
States/Russia HEU Agreement), there is authorized to be appropriated 
$8,000,000 for each of fiscal years 2002, 2003, and 2004.
    (b) Rate.--The payment shall be at a rate, determined by the 
Secretary, that--
            (1)(A) is based on the difference between Converdyn's costs 
        and its sale price for providing conversion services for the 
        production of low-enriched uranium fuel; but
            (B) does not exceed the amount appropriated under 
        subsection (a); and
            (2) shall be based contingent on submission to the 
        Secretary of a financial statement satisfactory to the 
        Secretary that is certified by an independent auditor for each 
        year.
    (c) Timing.--A payment under subsection (a) shall be provided as 
soon as practicable after receipt and verification of the financial 
statement submitted under subsection (b).

SEC. 128. PORTSMOUTH GASEOUS DIFFUSION PLANT.

    (a) In General.--The Secretary may proceed with actions required to 
place the Portsmouth gaseous diffusion plant into cold standby 
condition for a period of 5 years.
    (b) Plant Condition.--In the cold standby condition, the plant 
shall be in a condition that--
            (1) would allow its restart, for production of 3,000,000 
        separative work units per year, to meet domestic demand for 
        enrichment services; and
            (2) will facilitate the future decontamination and 
        decommissioning of the plant.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section--
            (1) $36,000,000 for fiscal year 2002; and
            (2) such sums as are necessary for fiscal years 2003, 2004, 
        and 2005.

SEC. 129. NUCLEAR GENERATION REPORT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Commission shall submit to Congress a report 
on the state of nuclear power generation in the United States.
    (b) Contents.--The report shall--
            (1) provide current and historical detail regarding--
                    (A) the number of commercial nuclear plants and the 
                amount of electricity generated; and
                    (B) the safety record of commercial nuclear plants;
            (2) review the status of the relicensing process for 
        commercial nuclear plants, including--
                    (A) current and anticipated applications; and
                    (B) for each current and anticipated application--
                            (i) the anticipated length of time for a 
                        license renewal application to be processed; 
                        and
                            (ii) the current and anticipated costs of 
                        each license renewal;
            (3) assess the capability of the Commission to evaluate 
        licenses for new advanced reactor designs and discuss the 
        confirmatory and anticipatory research activities needed to 
        support that capability;
            (4) detail the efforts of the Commission to prepare for 
        potential new commercial nuclear plants, including evaluation 
        of any new plant design and the licensing process for nuclear 
        plants;
            (5) state the anticipated length of time for a new plant 
        license to be processed and the anticipated cost of such a 
        process; and
            (6) include recommendations for improvements in each of the 
        processes reviewed.

                TITLE II--CONSTRUCTION OF NUCLEAR PLANTS

SEC. 201. ESTABLISHMENT OF PROGRAMS.

    (a) Secretary.--The Secretary shall establish a program within the 
Office of Nuclear Energy, Science, and Technology to--
            (1) demonstrate the Nuclear Regulatory Commission Early 
        Site Permit process;
            (2) evaluate opportunities for completion of partially 
        constructed nuclear plants; and
            (3) develop a report assessing opportunities for Generation 
        IV reactors.
    (b) Commission.--The Commission shall develop a research program to 
support regulatory actions relating to new nuclear plant technologies.

SEC. 202. NUCLEAR PLANT COMPLETION INITIATIVE.

    (a) In General.--The Secretary shall solicit information on United 
States nuclear plants requiring additional capital investment before 
becoming operational or being returned to operation to determine which, 
if any, should be included in a study of the feasibility of completing 
and operating some or all of the nuclear plants by December 31, 2004, 
considering technical and economic factors.
    (b) Identification of Unfinished Nuclear Plants.--The Secretary 
shall convene a panel of experts to--
            (1) review information obtained under subsection (a); and
            (2) identify which unfinished nuclear plants should be 
        included in a feasibility study.
    (c) Technical and Economic Completion Assessment.--On completion of 
the identification of candidate nuclear plants under subsection (b), 
the Secretary shall commence a detailed technical and economic 
completion assessment that includes, on a unit-specific basis, all 
technical and economic information necessary to permit a decision on 
the feasibility of completing work on any or all of the nuclear plants 
identified under subsection (b).
    (d) Solicitation of Proposals.--After making the results of the 
feasibility study under subsection (c) available to the public, the 
Secretary shall solicit proposals for completing construction on any or 
all of the nuclear plants assessed under subsection (c).
    (e) Selection of Proposals.--
            (1) In general.--The Secretary shall reconvene the panel of 
        experts designated under subsection (b) to review and select 
        the nuclear plants to be pursued, taking into consideration any 
        or all of the following factors:
                    (A) Location of the nuclear plant and the regional 
                need for expanded power capability.
                    (B) Time to completion.
                    (C) Economic and technical viability for completion 
                of the nuclear plant.
                    (D) Financial capability of the offeror.
                    (E) Extent of support from regional and State 
                officials.
                    (F) Experience and past performance of the members 
                of the offeror in siting, constructing, or operating 
                nuclear generating facilities.
                    (G) Lowest cost to the Government.
            (2) Regional and state support.--No proposal shall be 
        accepted without endorsement by the State Governor and by the 
        elected governing bodies of--
                    (A) each political subdivision in which the nuclear 
                plant is located; and
                    (B) each other political subdivision that the 
                Secretary determines has a substantial interest in the 
                completion of the nuclear plant.
    (f) Report to Congress.--
            (1) In general.--Not later than June 1, 2002, the Secretary 
        shall submit to Congress a report describing the reactors 
        identified for completion under subsection (e).
            (2) Contents.--The report shall--
                    (A) detail the findings under each of the criteria 
                specified in subsection (e); and
                    (B) include recommendations for action by Congress 
                to authorize actions that may be initiated in fiscal 
                year 2003 to expedite completion of the reactors.
            (3) Considerations.--In making recommendations under 
        paragraph (2)(B), the Secretary shall consider--
                    (A) the advisability of authorizing payment by the 
                Government of Commission user fees (including 
                consideration of the estimated cost to the Government 
                of paying such fees); and
                    (B) other appropriate considerations.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000 for fiscal year 2002.

SEC. 203. EARLY SITE PERMIT DEMONSTRATION PROGRAM.

    (a) In General.--The Secretary shall initiate a program of 
Government/private partnership demonstration projects to encourage 
private sector applications to the Commission for approval of sites 
that are potentially suitable to be used for the construction of future 
nuclear power generating facilities.
    (b) Projects.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall issue a solicitation of offers for 
proposals from private sector entities to enter into partnerships with 
the Secretary to--
            (1) demonstrate the Early Site Permit process; and
            (2) create a bank of approved sites by December 31, 2003.
    (c) Criteria for Proposals.--A proposal submitted under subsection 
(b) shall--
            (1) identify a site owned by the offeror that is suitable 
        for the construction and operation of a new nuclear plant; and
            (2) state the agreement of the offeror to pay not less than 
        \1/2\ of the costs of--
                    (A) preparation of an application to the Commission 
                for an Early Site Permit for the site identified under 
                paragraph (1); and
                    (B) review of the application by the Commission.
    (d) Selection of Proposals.--The Secretary shall establish a 
competitive process to review and select the projects to be pursued, 
taking into consideration the following:
            (1) Time to prepare the application.
            (2) Site qualities or characteristics that could affect the 
        duration of application review.
            (3) The financial capability of the offeror.
            (4) The experience of the offeror in siting, constructing, 
        or operating nuclear plants.
            (5) The support of regional and State officials.
            (6) The need for new electricity supply in the vicinity of 
        the site, or proximity to suitable transmission lines.
            (7) Lowest cost to the Government.
    (e) Cooperative Agreements.--The Secretary may enter into 
cooperative agreements with up to 3 offerors selected through the 
competitive process to pay not more than \1/2\ of the costs incurred by 
the parties to the agreements for--
            (1) preparation of an application to the Commission for an 
        Early Site Permit for the site; and
            (2) review of the application by the Commission.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000 for each of fiscal 
years 2002 and 2003, to remain available until expended.

SEC. 204. NUCLEAR ENERGY TECHNOLOGY STUDY FOR GENERATION IV REACTORS.

    (a) In General.--The Secretary shall conduct a study of Generation 
IV nuclear energy systems, including development of a technology 
roadmap and performance of research and development necessary to make 
an informed technical decision regarding the most promising candidates 
for commercial deployment.
    (b) Upgrades and Additions.--The Secretary may make upgrades or 
additions to the nuclear energy research facility infrastructure as 
needed to carry out the study under subsection (a).
    (c) Reactor Characteristics.--To the extent practicable, in 
conducting the study under subsection (a), the Secretary shall study 
nuclear energy systems that offer the highest probability of achieving 
the goals for Generation IV nuclear energy systems established by the 
Nuclear Energy Research Advisory Committee, including--
            (1) economics competitive with natural gas-fueled 
        generators;
            (2) enhanced safety features or passive safety features;
            (3) substantially reduced production of high-level waste, 
        as compared with the quantity of waste produced by reactors in 
        operation on the date of enactment of this Act;
            (4) highly proliferation resistant fuel and waste;
            (5) sustainable energy generation including optimized fuel 
        utilization; and
            (6) substantially improved thermal efficiency, as compared 
        with the thermal efficiency of reactors in operation on the 
        date of enactment of this Act.
    (d) Consultation.--In conducting the study, the Secretary shall 
consult with--
            (1) the Commission, with respect to evaluation of 
        regulatory issues; and
            (2) the International Atomic Energy Agency, with respect to 
        international safeguards.
    (e) Report.--
            (1) In general.--Not later than December 31, 2002, the 
        Secretary shall submit to Congress a report describing the 
        results of the roadmap and plans for research and development 
        leading to a public/private cooperative demonstration of one or 
        more Generation IV nuclear energy systems.
            (2) Contents.--The report shall contain--
                    (A) an assessment of all available technologies;
                    (B) a summary of actions needed for the most 
                promising candidates to be considered as viable 
                commercial options within the five to ten years after 
                the date of the report with consideration of 
                regulatory, economic, and technical issues;
                    (C) a recommendation of not more than three 
                promising Generation IV nuclear energy system concepts 
                for further development;
                    (D) an evaluation of opportunities for public/
                private partnerships;
                    (E) a recommendation for structure of a public/
                private partnership to share in development and 
                construction costs;
                    (F) a plan leading to the selection and conceptual 
                design, by September 30, 2004, of at least one 
                Generation IV nuclear energy system for demonstration 
                through a public/private partnership; and
                    (G) a recommendation for appropriate involvement of 
                the Commission.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $50,000,000 for fiscal year 2002; and
            (2) such sums as are necessary for fiscal years 2003 
        through 2006.

SEC. 205. RESEARCH SUPPORTING REGULATORY PROCESSES FOR NEW REACTOR 
              TECHNOLOGIES AND DESIGNS.

    (a) In General.--The Commission shall develop a comprehensive 
research program to support resolution of potential licensing issues 
associated with new reactor concepts and new technologies that may be 
incorporated into new or current designs of nuclear plants.
    (b) Identification of Candidate Designs.--The Commission shall work 
with the Office of Nuclear Energy, Science, and Technology and the 
nuclear industry to identify candidate designs to be addressed by the 
program.
    (c) Activities To Be Included.--The research shall include--
            (1) modeling, analyses, tests, and experiments as required 
        to provide input into total system behavior and response to 
        hypothesized accidents; and
            (2) consideration of new reactor technologies that may 
        affect--
                    (A) risk-informed licensing of new plants;
                    (B) behavior of advanced fuels;
                    (C) evolving environmental considerations relative 
                to spent fuel management and health effect standards;
                    (D) new technologies (such as advanced sensors, 
                digital instrumentation, and control) and human factors 
                that affect the application of new technology to 
                current plants; and
                    (E) other emerging technical issues.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section--
            (1) $25,000,000 for fiscal year 2002; and
            (2) such sums as are necessary for subsequent fiscal years.

                TITLE III--EVALUATIONS OF NUCLEAR ENERGY

SEC. 301. ENVIRONMENTALLY PREFERABLE PURCHASING.

    (a) Acquisition.--For the purposes of Executive Order No. 13101 (3 
C.F.R. 210 (1998)) and policies established by the Office of Federal 
Procurement Policy or other executive branch offices for the 
acquisition or use of environmentally preferable products (as defined 
in section 201 of the Executive order), electricity generated by a 
nuclear plant shall be considered to be an environmentally preferable 
product.
    (b) Procurement.--No Federal procurement policy or program may--
            (1) discriminate against or exclude nuclear generated 
        electricity in making purchasing decisions; or
            (2) subscribe to product certification programs or 
        recommend product purchases that exclude nuclear electricity.

SEC. 302. EMISSION-FREE CONTROL MEASURES UNDER A STATE IMPLEMENTATION 
              PLAN.

    (a) Definitions.--In this section:
            (1) Criteria air pollutant.--The term ``criteria air 
        pollutant'' means a pollutant listed under section 108(a) of 
        the Clean Air Act (42 U.S.C. 7408(a)).
            (2) Emission-free electricity source.-- The term 
        ``emission-free electricity source'' means--
                    (A) a facility that generates electricity without 
                emitting criteria pollutants, hazardous pollutants, or 
                greenhouse gases as a result of onsite operations of 
                the facility; and
                    (B) a facility that generates electricity using 
                nuclear fuel that meets all applicable standards for 
                radiological emissions under section 112 of the Clean 
                Air Act (42 U.S.C. 7412).
            (3) Greenhouse gas.--The term ``greenhouse gas'' means a 
        natural or anthropogenic gaseous constituent of the atmosphere 
        that absorbs and re-emits infrared radiation.
            (4) Hazardous pollutant.--The term ``hazardous pollutant'' 
        has the meaning given the term in section 112(a) of the Clean 
        Air Act (42 U.S.C. 7412(a)).
            (5) Improvement in availability.--The term ``improvement in 
        availability'' means an increase in the amount of electricity 
        produced by an emission-free electricity source that provides a 
        commensurate reduction in output from emitting sources.
            (6) Increased emission-free capacity project.--The term 
        ``increased emission-free capacity project'' means a project to 
        construct an emission-free electricity source or increase the 
        rated capacity of an existing emission-free electricity source.
    (b) Treatment of Certain State Actions as Control Measures.--An 
action taken by a State to support the continued operation of an 
emission-free electricity source or to support an improvement in 
availability or an increased emission-free capacity project shall be 
considered to be a control measure for the purposes of section 110(a) 
of the Clean Air Act (42 U.S.C. 7410(a)).
    (c) Economic Incentive Programs.--
            (1) Criteria air pollutants and hazardous pollutants.--
        Emissions of criteria air pollutants or hazardous pollutants 
        prevented or avoided by an improvement in availability or the 
        operation of increased emission-free capacity shall be eligible 
        for, and may not be excluded from, incentive programs used as 
        control measures, including programs authorizing emission 
        trades, revolving loan funds, tax benefits, and special 
        financing programs.
            (2) Greenhouse gases.--Emissions of greenhouse gases 
        prevented or avoided by an improvement in availability or the 
        operation of increased emission-free capacity shall be eligible 
        for, and may not be excluded from, incentive programs used as 
        control measures on the national, regional State, or local 
        level.

SEC. 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 electricity production 
facilities if the activities fail to include emission-free electricity 
production facility projects that use nuclear fuel.
    (b) Request for Policies.--The Secretary of Energy shall request 
copies of all written policies regarding the eligibility of emission-
free nuclear electricity production facilities for funding or support 
from international or domestic organizations engaged in the financing, 
development, insuring, or underwriting of electricity production 
facilities, including--
            (1) the Agency for International Development;
            (2) the World Bank;
            (3) the Overseas Private Investment Corporation;
            (4) the International Monetary Fund; and
            (5) the Export-Import Bank.

     TITLE IV--DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY

SEC. 401. FINDINGS.

    Congress finds that--
            (1) before the Federal Government takes any irreversible 
        action relating to the disposal of spent nuclear fuel, Congress 
        must determine whether the spent fuel should be treated as 
        waste subject to permanent burial or should be considered to be 
        an energy resource that is needed to meet future energy 
        requirements; and
            (2) national policy on spent nuclear fuel may evolve with 
        time as improved technologies for spent fuel are developed or 
        as national energy needs evolve.

SEC. 402. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.

    (a) Definitions.--In this section:
            (1) Associate director.--The term ``Associate Director'' 
        means the Associate Director of the Office.
            (2) Office.--The term ``Office'' means the Office of Spent 
        Nuclear Fuel Research established by subsection (b).
    (b) Establishment.--There is established an Office of Spent Nuclear 
Fuel Research within the Office of Nuclear Energy Science and 
Technology of the Department of Energy.
    (c) Head of Office.--The Office shall be headed by the Associate 
Director, who shall be a member of the Senior Executive Service 
appointed by the Director of the Office of Nuclear Energy Science and 
Technology, and compensated at a rate determined by applicable law.
    (d) Duties of the Associate Director.--
            (1) In general.--The Associate Director shall be 
        responsible for carrying out an integrated research, 
        development, and demonstration program on technologies for 
        treatment, recycling, and disposal of high-level nuclear 
        radioactive waste and spent nuclear fuel, subject to the 
        general supervision of the Secretary.
            (2) Participation.--The Associate Director shall coordinate 
        the participation of national laboratories, universities, the 
        commercial nuclear industry, and other organizations in the 
        investigation of technologies for the treatment, recycling, and 
        disposal of spent nuclear fuel and high-level radioactive 
        waste.
            (3) Activities.--The Associate Director shall--
                    (A) develop a research plan to provide 
                recommendations by 2015;
                    (B) identify promising technologies for the 
                treatment, recycling, and disposal of spent nuclear 
                fuel and high-level radioactive waste;
                    (C) conduct research and development activities for 
                promising technologies;
                    (D) ensure that all activities include as key 
                objectives minimization of proliferation concerns and 
                risk to health of the general public or site workers, 
                as well as development of cost-effective technologies;
                    (E) require research on both reactor- and 
                accelerator-based transmutation systems;
                    (F) require research on advanced processing and 
                separations;
                    (G) include participation of international 
                collaborators in research efforts, and provide funding 
                to a collaborator that brings unique capabilities not 
                available in the United States if the country in which 
                the collaborator is located is unable to provide 
                support; and
                    (H) ensure that research efforts are coordinated 
                with research on advanced fuel cycles and reactors 
                conducted by the Office of Nuclear Energy Science and 
                Technology.
    (e) Grant and Contract Authority.--The Secretary may make grants, 
or enter into contracts, for the purposes of the research projects and 
activities described in subsection (d)(3).
    (f) Report.--The Associate Director shall annually submit to 
Congress a report on the activities and expenditures of the Office that 
describes the progress being made in achieving the objectives of this 
section.

SEC. 403. ADVANCED FUEL RECYCLING TECHNOLOGY DEVELOPMENT PROGRAM.

    (a) In General.--The Secretary, acting through the Director of the 
Office of Nuclear Energy, Science, and Technology, shall conduct an 
advanced fuel recycling technology research and development program to 
further the availability of electrometallurgical technology as a 
proliferation-resistant alternative to aqueous reprocessing in support 
of evaluation of alternative national strategies for spent nuclear fuel 
and the Generation IV advanced reactor concepts, subject to annual 
review by the Nuclear Energy Research Advisory Committee.
    (b) Reports.--The Secretary shall submit to the Committee on 
Science and the Committee on Appropriations of the House of 
Representatives and the Committee on Energy and Natural Resources and 
the Committee on Appropriations of the Senate an annual report on the 
activities of the advanced fuel recycling technology development 
program.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $10,000,000 for fiscal year 2002; and
            (2) such sums as are necessary for fiscal years 2003 
        through 2006.

                   TITLE V--NATIONAL ACCELERATOR SITE

SEC. 501. FINDINGS.

    Congress finds that--
            (1)(A) high-current proton accelerators are capable of 
        producing significant quantities of neutrons through the 
        spallation process without using a critical assembly; and
            (B) the availability of high-neutron fluences enables a 
        wide range of missions of major national importance to be 
        conducted;
            (2)(A) public acceptance of repositories, whether for spent 
        fuel or for final waste products from spent fuel, can be 
        enhanced if the radio-toxicity of the materials in the 
        repository can be reduced;
            (B) transmutation of long-lived radioactive species by an 
        intense neutron source provides an approach to such a reduction 
        in toxicity; and
            (C) research and development in this area (which, when the 
        source of neutrons is derived from an accelerator, is called 
        ``accelerator transmutation of waste'') should be an important 
        part of a national spent fuel strategy;
            (3)(A) nuclear weapons require a reliable source of 
        tritium;
            (B) the Department of Energy has identified production of 
        tritium in a commercial light water reactor as the first option 
        to be pursued;
            (C) the importance of tritium supply is of sufficient 
        magnitude that a backup technology should be demonstrated and 
        available for rapid scale-up to full requirements;
            (D) evaluation of tritium production by a high-current 
        accelerator has been underway; and
            (E) accelerator production of tritium should be 
        demonstrated, so that the capability can be scaled up to levels 
        required for the weapons stockpile if difficulties arise with 
        the reactor approach;
            (4)(A) radioisotopes are required in many medical 
        procedures;
            (B) research on new medical procedures is adversely 
        affected by the limited availability of production facilities 
        for certain radioisotopes; and
            (C) high-current accelerators are an important source of 
        radioisotopes, and are best suited for production of proton-
        rich isotopes; and
            (5)(A) a spallation source provides a continuum of neutron 
        energies; and
            (B) the energy spectrum of neutrons can be altered and 
        tailored to allow a wide range of experiments in support of 
        nuclear engineering studies of alternative reactor 
        configurations, including studies of materials that may be used 
        in future fission or fusion systems.

SEC. 502. DEFINITIONS.

    In this title:
            (1) Office.--The term ``Office'' means the Office of 
        Nuclear Energy, Science, and Technology of the Department of 
        Energy.
            (2) Program.--The term ``program'' means the Advanced 
        Accelerator Applications Program established under section 503.
            (3) Proposal.--The term ``proposal'' means the proposal for 
        a location supporting the missions identified for the program 
        developed under section 503.

SEC. 503. ADVANCED ACCELERATOR APPLICATIONS PROGRAM.

    (a) Establishment of Program.--The Secretary shall establish a 
program to be known as the ``Advanced Accelerator Applications 
Program''.
    (b) Mission.--The mission of the program shall include conducting 
scientific or engineering research, development, and demonstrations 
on--
            (1) accelerator production of tritium as a backup 
        technology;
            (2) transmutation of spent nuclear fuel and waste;
            (3) production of radioisotopes;
            (4) advanced nuclear engineering concepts, including 
        material science issues; and
            (5) other applications that may be identified.
    (c) Administration.--The program shall be administered by the 
Office--
            (1) in consultation with the National Nuclear Security 
        Administration, for all activities related to tritium 
        production; and
            (2) in consultation with the Office of Civilian Radioactive 
        Waste Management, for all activities relating to the impact of 
        waste transmutation on repository requirements.
    (d) Participation.--The Office shall encourage participation of 
international collaborators, industrial partners, national 
laboratories, and, through support for new graduate engineering and 
science students and professors, universities.
    (e) Proposal of Location.--
            (1) In general.--The Office shall develop a detailed 
        proposal for a location supporting the missions identified for 
        the program.
            (2) Contents.--The proposal shall--
                    (A) recommend capabilities for the accelerator and 
                for each major research or production effort;
                    (B) include development of a comprehensive site 
                plan supporting those capabilities;
                    (C) specify a detailed time line for construction 
                and operation of all activities;
                    (D) identify opportunities for involvement of the 
                private sector in production and use of radioisotopes;
                    (E) contain a recommendation for funding required 
                to accomplish the proposal in future fiscal years; and
                    (F) identify required site characteristics.
            (3) Preliminary environmental impact assessment.--As part 
        of the process of identification of required site 
        characteristics, the Secretary shall undertake a preliminary 
        environmental impact assessment of a range of sites.
            (4) Submission to congress.--Not later than March 31, 2002, 
        the Secretary shall submit to the Committee on Energy and 
        Natural Resources and Committee on Appropriations of the Senate 
        and the Committee on Science and Committee on Appropriations of 
        the House of Representatives a report describing the proposal.
    (f) Competition.--
            (1) In general.--The Secretary shall use the proposal to 
        conduct a nationwide competition among potential sites.
            (2) Report.--Not later than June 30, 2003, the Secretary 
        shall submit to the Committee on Energy and Natural Resources 
        and Committee on Appropriations of the Senate and the Committee 
        on Science and the Committee on Appropriations of the House of 
        Representatives a report that contains an evaluation of 
        competing proposals and a recommendation of a final site and 
        for funding requirements to proceed with construction in future 
        fiscal years.
    (g) Authorization of Appropriations.--
            (1) Proposal.--There is authorized to be appropriated for 
        development of the proposal $20,000,000 for each of fiscal 
        years 2002 and 2003.
            (2) Research, development, and demonstration activities.--
        There are authorized to be appropriated for research, 
        development, and demonstration activities of the program--
                    (A) $120,000,000 for fiscal year 2002; and
                    (B) such sums as are necessary for subsequent 
                fiscal years.

             TITLE VI--NUCLEAR REGULATORY COMMISSION REFORM

SEC. 601. DEFINITIONS.

    Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is 
amended--
            (1) in subsection f., by striking ``Atomic Energy 
        Commission'' and inserting ``Nuclear Regulatory Commission'';
            (2) by redesignating subsection jj. as subsection ll.; and
            (3) by adding at the end the following:
    ``jj. Federal Nuclear Obligation.--The term `Federal nuclear 
obligation' means--
            ``(1) a nuclear decommissioning obligation;
            ``(2) a fee required to be paid to the Federal Government 
        by a licensee for the storage, transportation, or disposal of 
        spent nuclear fuel and high-level radioactive waste, including 
        a fee required under the Nuclear Waste Policy Act of 1982 (42 
        U.S.C. 10101 et seq.); and
            ``(3) an assessment by the Federal Government to fund the 
        cost of decontamination and decommissioning of uranium 
        enrichment facilities, including an assessment required under 
        chapter 28 of the Energy Policy Act of 1992 (42 U.S.C. 2297g).
    ``kk. Nuclear Decommissioning Obligation.--The term `nuclear 
decommissioning obligation' means an expense incurred to ensure the 
continued protection of the public from the dangers of any residual 
radioactivity or other hazards present at a facility at the time the 
facility is decommissioned, including all costs of actions required 
under rules, regulations and orders of the Commission for--
            ``(1) entombing, dismantling and decommissioning a 
        facility; and
            ``(2) administrative, preparatory, security and radiation 
        monitoring expenses associated with entombing, dismantling, and 
        decommissioning a facility.''.

SEC. 602. OFFICE LOCATION.

    Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 2033) is 
amended by striking ``; however, the Commission shall maintain an 
office for the service of process and papers within the District of 
Columbia''.

SEC. 603. LICENSE PERIOD.

    Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) 
is amended--
            (1) by striking ``c. Each such'' and inserting the 
        following:
    ``c. License Period.--
            ``(1) In general.--Each such''; and
            (2) by adding at the end the following:
            ``(2) Combined licenses.--In the case of a combined 
        construction and operating license issued under section 185(b), 
        the initial duration of the license may not exceed 40 years 
        from the date on which the Commission finds, before operation 
        of the facility, that the acceptance criteria required by 
        section 185(b) are met.''.

SEC. 604. ELIMINATION OF FOREIGN OWNERSHIP RESTRICTIONS.

    (a) Commercial Licenses.--Section 103d. of the Atomic Energy Act of 
1954 (42 U.S.C. 2133(d)) is amended by striking the second sentence.
    (b) Medical Therapy and Research and Development.--Section 104d. of 
the Atomic Energy Act of 1954 (42 U.S.C. 2134(d)) is amended by 
striking the second sentence.

SEC. 605. ELIMINATION OF DUPLICATIVE ANTITRUST REVIEW.

    Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is 
amended by striking subsection c. and inserting the following:
    ``c. Conditions.--
            ``(1) In general.--A condition for a grant of a license 
        imposed by the Commission under this section in effect on the 
        date of enactment of the Nuclear Assets Restructuring Reform 
        Act of 2001 shall remain in effect until the condition is 
        modified or removed by the Commission.
            ``(2) Modification.--If a person that is licensed to 
        construct or operate a utilization or production facility 
        applies for reconsideration under this section of a condition 
        imposed in the person's license, the Commission shall conduct a 
        proceeding, on an expedited basis, to determine whether the 
        license condition--
                    ``(A) is necessary to ensure compliance with 
                section 105a.; or
                    ``(B) should be modified or removed.''.

SEC. 606. GIFT ACCEPTANCE AUTHORITY.

    (a) In General.--Section 161g. of the Atomic Energy Act of 1954 (42 
U.S.C. 2201(g)) is amended--
            (1) by inserting ``(1)'' after ``(g)'';
            (2) by striking ``this Act;'' and inserting ``this Act; 
        or''; and
            (3) by adding at the end the following:
            ``(2) accept, hold, utilize, and administer gifts of real 
        and personal property (not including money) for the purpose of 
        aiding or facilitating the work of the Commission.''.
    (b) Criteria for Acceptance of Gifts.--
            (1) In general.--Chapter 14 of title I of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at 
        the end the following:

``SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS.

    ``(a) In General.--The Commission shall establish written criteria 
for determining whether to accept gifts under section 161g.(2).
    ``(b) Considerations.--The criteria under subsection (a) shall take 
into consideration whether the acceptance of a gift would compromise 
the integrity of, or the appearance of the integrity of, the Commission 
or any officer or employee of the Commission.''.
            (2) Conforming amendment.--The table of contents of the 
        Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by 
        adding at the end of the items relating to chapter 14 the 
        following:

``Sec. 170C. Criteria for acceptance of gifts.''.

SEC. 607. AUTHORITY OVER FORMER LICENSEES FOR DECOMMISSIONING FUNDING.

    Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i)) 
is amended--
            (1) by striking ``and (3)'' and inserting ``(3)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, and (4) to ensure that sufficient funds will be 
        available for the decommissioning of any production or 
        utilization facility licensed under section 103 or 104b., 
        including standards and restrictions governing the control, 
        maintenance, use, and disbursement by any former licensee under 
        this Act that has control over any fund for the decommissioning 
        of the facility''.

SEC. 608. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.

    (a) In General.--Chapter 14 of title I of the Atomic Energy Act of 
1954 (42 U.S.C. 2201 et seq.) (as amended by section 606(b)) is 
amended--
            (1) in section 161, by striking subsection k. and inserting 
        the following:
    ``k. authorize to carry a firearm in the performance of official 
duties such of its members, officers, and employees, such of the 
employees of its contractors and subcontractors (at any tier) engaged 
in the protection of property under the jurisdiction of the United 
States located at facilities owned by or contracted to the United 
States or being transported to or from such facilities, and such of the 
employees of persons licensed or certified by the Commission (including 
employees of contractors of licensees or certificate holders) engaged 
in the protection of facilities owned or operated by a Commission 
licensee or certificate holder that are designated by the Commission or 
in the protection of property of significance to the common defense and 
security located at facilities owned or operated by a Commission 
licensee or certificate holder or being transported to or from such 
facilities, as the Commission considers necessary in the interest of 
the common defense and security;'' and
            (2) by adding at the end the following:

``SEC. 170D. CARRYING OF FIREARMS.

    ``(a) Authority To Make Arrest.--
            ``(1) In general.--A person authorized under section 161k. 
        to carry a firearm may, while in the performance of, and in 
        connection with, official duties, arrest an individual without 
        a warrant for any offense against the United States committed 
        in the presence of the person or for any felony under the laws 
        of the United States if the person has a reasonable ground to 
        believe that the individual has committed or is committing such 
        a felony.
            ``(2) Limitation.--An employee of a contractor or 
        subcontractor or of a Commission licensee or certificate holder 
        (or a contractor of a licensee or certificate holder) 
        authorized to make an arrest under paragraph (1) may make an 
        arrest only--
                    ``(A) when the individual is within, or is in 
                flight directly from, the area in which the offense was 
                committed; and
                    ``(B) in the enforcement of--
                            ``(i) a law regarding the property of the 
                        United States in the custody of the Department 
                        of Energy, the Commission, or a contractor of 
                        the Department of Energy or Commission or a 
                        licensee or certificate holder of the 
                        Commission;
                            ``(ii) a law applicable to facilities owned 
                        or operated by a Commission licensee or 
                        certificate holder that are designated by the 
                        Commission under section 161k.;
                            ``(iii) a law applicable to property of 
                        significance to the common defense and security 
                        that is in the custody of a licensee or 
                        certificate holder or a contractor of a 
                        licensee or certificate holder of the 
                        Commission; or
                            ``(iv) any provision of this Act that 
                        subjects an offender to a fine, imprisonment, 
                        or both.
            ``(3) Other authority.--The arrest authority conferred by 
        this section is in addition to any arrest authority under other 
        law.
            ``(4) Guidelines.--The Secretary and the Commission, with 
        the approval of the Attorney General, shall issue guidelines to 
        implement section 161k. and this subsection.''.
    (b) Conforming Amendment.--The table of contents of the Atomic 
Energy Act of 1954 (42 U.S.C. prec. 2011) (as amended by section 
7(b)(2)) is amended by adding at the end of the items relating to 
chapter 14 the following:

``Sec. 170D. Carrying of firearms.''.

SEC. 609. COST RECOVERY FROM GOVERNMENT AGENCIES.

    Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w)) 
is amended--
            (1) by striking ``, or which operates any facility 
        regulated or certified under section 1701 or 1702,'';
            (2) by striking ``483a of title 31 of the United States 
        Code'' and inserting ``9701 of title 31, United States Code,''; 
        and
            (3) by inserting before the period at the end the 
        following: ``, and, commencing October 1, 2002, prescribe and 
        collect from any other Government agency any fee, charge, or 
        price that the Commission may require in accordance with 
        section 9701 of title 31, United States Code, or any other 
        law''.

SEC. 610. HEARING PROCEDURES.

    Section 189a.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 
2239(a)(1)) is amended by adding at the end the following:
                    ``(C) Hearings.--A hearing under this section shall 
                be conducted using informal adjudicatory procedures 
                established under sections 553 and 555 of title 5, 
                United States Code, unless the Commission determines 
                that formal adjudicatory procedures are necessary--
                            ``(i) to develop a sufficient record; or
                            ``(ii) to achieve fairness.''.

SEC. 611. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

    Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) 
is amended in the first sentence by inserting ``or subject to the 
licensing authority of the Commission or to certification by the 
Commission under this Act or any other Act'' before the period at the 
end.

SEC. 612. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

    Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) 
is amended--
            (1) in paragraph (2), by striking ``storage facility'' and 
        inserting ``storage, treatment, or disposal facility'';
            (2) in paragraph (3)--
                    (A) by striking ``such a utilization facility'' and 
                inserting ``a utilization facility licensed under this 
                Act''; and
                    (B) by striking ``or'' at the end;
            (3) in paragraph (4)--
                    (A) by striking ``facility licensed'' and inserting 
                ``or nuclear fuel fabrication facility licensed or 
                certified''; and
                    (B) by striking the period at the end and inserting 
                ``; or''; and
            (4) by adding at the end the following:
            ``(5) any production, utilization, waste storage, waste 
        treatment, waste disposal, uranium enrichment, or nuclear fuel 
        fabrication facility subject to licensing or certification 
        under this Act during construction of the facility, if the 
        person knows or reasonably should know that there is a 
        significant possibility that the destruction or damage caused 
        or attempted to be caused could adversely affect public health 
        and safety during the operation of the facility;''.

SEC. 613. NUCLEAR DECOMMISSIONING OBLIGATIONS OF NONLICENSEES.

    (a) In General.--The Atomic Energy Act of 1954 is amended by 
inserting after section 241 (42 U.S.C. 2015) the following:

``SEC. 242. NUCLEAR DECOMMISSIONING OBLIGATIONS OF NONLICENSEES.

    ``(a) Definition of Facility.--In this section, the term `facility' 
means a commercial nuclear electric generating facility for which a 
Federal nuclear obligation is incurred.
    ``(b) Decommissioning Obligations.--After public notice and in 
accordance with section 181, the Commission shall establish by rule, 
regulation, or order any requirement that the Commission considers 
necessary to ensure that a person that is not a licensee (including a 
former licensee) complies fully with any nuclear decommissioning 
obligation.''.
    (b) Conforming Amendment.--The table of contents of the Atomic 
Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by inserting after 
the item relating to section 241 the following:

``Sec. 242. Nuclear decommissioning obligations of nonlicensees.''.

SEC. 614. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this title 
and the amendments made by this title take effect on the date of 
enactment of this Act.
    (b) Recommissioning and License Removal.--The amendment made by 
section 613 takes effect on the date that is 180 days after the date of 
enactment of this Act.
                                 <all>