[Congressional Record Volume 147, Number 29 (Wednesday, March 7, 2001)]
[Senate]
[Pages S1973-S1984]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself, Mrs. Lincoln, Mr. Murkowski, Ms. 
        Landrieu, Mr. Craig, Mr. Kyl, Mr. Crapo, Mr. Graham, Mr. 
        Thompson, Mr. Voinovich, Mr. Hagel, and Mr. Inhofe):
  S. 472. A bill to ensure that nuclear energy continues to contribute 
to the supply of electricity in the United States; to the Committee on 
Energy and Natural Resources.
  Mr. DOMENICI. Mr. President, I joined with Senator Murkowski last 
week when he introduced the National Energy Strategy Act. His Bill 
addresses the broad range of issues that must underpin a credible 
approach to our nation's energy needs. It had key provisions for each 
major source of energy, including nuclear energy.
  I rise today to introduce the Nuclear Energy Electricity Assurance 
Act of 2001, which expands and builds on the National Energy Strategy 
in the specific area of nuclear energy. It provides a comprehensive 
framework for insuring that nuclear energy remains a strong option to 
meet our future needs. It accomplishes for nuclear energy what Senator 
Byrd's National Electricity and Environmental Technology Act does for 
clean coal technologies, which I also support.
  There is no single ``silver bullet'' that will address our nation's 
thirst for clean, reliable, reasonably priced, energy sources. That's 
why the National Energy Strategy Act carefully reinforced the 
importance of many energy options. Energy is far too important to our 
economic and military strength to rely on any small subset of the 
available options.
  Both nuclear energy and coal are now major producers of our 
electricity. In fact, between them they provide over 70 percent. In 
both cases, their continued use presents significant risks They 
illustrate a fundamental point, that absolutely every source of energy 
presents both benefits and risks. It's our responsibility to ensure 
that citizens are presented with accurate information on benefits and 
risks, information that is free from any political biases. And where 
risk areas are noted, it's our responsibility to devise programs that 
mitigate or avoid the risks. Senator Byrd's bill does this for coal 
technology, my bill does this for nuclear energy.
  Nuclear energy now provides about 22 percent of our electricity from 
103 nuclear reactors. The operating costs of nuclear energy are among 
the lowest of any source. The Utility Data Institute recently reported 
production costs for nuclear at 1.83 cents per kw-hr, with coal at 2.08 
cents per kw-hr.
  Through careful optimization of operating efficiencies, the output of 
nuclear plants has risen dramatically since the 1980's; nuclear plants 
operated with an amazing 87 percent capacity factor in 2000. Since 
1990, with no new nuclear plants, the output of our plants has still 
increased by over 20 percent. That's equivalent to gaining the output 
of about 20 new nuclear plants without building any.
  Safety has been a vital focus, as evidenced by a constant decrease in 
the number of emergency shutdowns, or ``scrams,'' in our domestic 
plants. In 1985, there were 2.4 scrams per reactor, last year there 
were just 0.03. While some use the Three Mile Island accident to 
highlight their concerns the fact remains that our safety systems 
worked at Three Mile Island and no members of the public were harmed.
  Another example of the exemplary safety of nuclear reactors, when 
properly designed and managed, lies with our nuclear navy. They now 
operate about 90 nuclear powered ships, and over the years, they've 
operated about 250 reactors in all. In that time, they've accumulated 
5,400 reactor-years of operation, over twice the number of reactor-
years in our civilian sector. In all that time, they have never had a 
significant incident with their reactors. They are welcomed into over 
150 major foreign ports in over 50 countries.
  Interest in our nuclear plants is increasing along with dramatically 
increased confidence in their ability to contribute to our energy 
needs. Interest in re-licensing plants, to extend their lifetime beyond 
the originally planned 40 years, has greatly expanded. The NRC has now 
approved re-licensing for 5 reactors, and over 30 other reactors have 
begun the renewal process. Industry experts now expect virtually all 
operating plants to apply for license extension.
  Nuclear energy is essentially emission free. We avoided the emission 
of 167 million tons of carbon last year or more than 2 billion tons 
since the 1970's. In 1999, nuclear power plants provided about half of 
the total carbon reductions achieved by U.S. industry under the federal 
voluntary reporting program. The inescapable fact is that nuclear 
energy is making an immense contribution to the environmental health of 
our nation.
  But unfortunately, when it comes to nuclear energy, we're living on 
our past global leadership. Most of the technologies that drive the 
world's nuclear energy systems originated here. Much of our early 
leadership derived from our requirements for a nuclear navy; that work 
enabled many of the civilian aspects of nuclear power.
  Our reactor designs are found around the world. The reprocessing 
technology used in some countries originated here. The fuel designs in 
use around the world largely were developed here. This nation provided 
the global leadership to start the age of nuclear energy.
  Now, our leadership is seriously at risk. No nuclear plant has been 
ordered in the United States in over 20 years. To some extent, this was 
driven by decreases in energy demand following the early oil price 
shocks and from public fears about Three Mile Island and Chernobyl. But 
we also have allowed complex environmental reviews and regulatory 
stalemates to extend approval and construction times and to seriously 
undercut prospects for any additional plants.
  As a nation, we cannot afford to lose the nuclear energy option until 
we are ready to specify with confidence how we are going to replace 22 
percent of our electricity with some other source offering comparable 
safety, reliability, low cost, and environmental attributes. We risk 
our nation's future prosperity if we lose the nuclear option through 
inaction. Instead, we need concrete action to secure the nuclear option 
for future generations. We must not subject the nation to the risk of 
inadequate energy supplies.
  My bill is squarely aimed at avoiding this risk. I appreciate that my 
co-sponsors: Senators Lincoln, Murkowski, Landrieu, Craig, Graham, Kyl, 
Crapo, Thompson, Voinovich and Hagel share these concerns and support 
this bill to address them.
  There are five broad aspects of this bill. First, it initiates 
programs to ensure that the operations of our current nuclear plants 
remain adequately supported. It authorizes expanded research and 
educational programs to ensure that we have a qualified workforce 
supporting nuclear issues. It sets up incentives for companies to 
increase the efficiency of existing plants. And it

[[Page S1974]]

assures that the industries supporting our domestic nuclear fuel 
supplies remain viable.
  Second, it encourages construction of new plants, especially 
Generation IV plants. Technology to build these plants is close at 
hand. This bill not only supports research and development on these 
plants, it also supports development of the regulatory framework within 
the NRC that must be in place before they can be licensed.
  Generation IV plants would

       be cost competitive with natural gas, have significantly 
     improved safety features with the goal of passive safety 
     systems that would be immune to human errors, have reduced 
     generation of spent fuel and nuclear waste, and have improved 
     resistance to any possible proliferation.

  In the U.S., Exelon Corporation has invested in design of a plant in 
South Africa that has many of these attributes.
  Third, this bill has provisions to secure a level playing field for 
evaluation of nuclear energy relative to other energy sources. It seeks 
to avoid any scientifically inaccurate stigmas that have been placed on 
nuclear energy.
  Fourth, this bill seeks to create improved solutions for managing 
nuclear waste. Our current national policy simply requires that we find 
a permanent repository for spent fuel. But spent fuel has immense 
residual energy. Our present plan simply assumes that future 
generations will be so energy-rich that they would have no interest in 
this major energy source.
  I'm not at all sure that view serves our nation and those future 
generations very well. I've favored study of alternative strategies for 
spent fuel. As a minimum we should be doing research now to enable 
future generations to decide if spent fuel should still be treated as 
waste, or if it should be treated as a precious energy resource.
  Advanced technologies for recycling spent fuel and regaining some of 
its energy value would also allow us to consider approaches to render 
the final waste form far less toxic then spent fuel. These approaches 
require transmutation of the long-lived radioactive species into either 
short-lived or stable species. This bill includes funding for a 
research project, based on modern accelerators, to study the economics 
and engineering aspects of transmutation. There is substantial interest 
in other countries in joining us in collaborative study of this option.
  This accelerator project, almost as an added bonus, can also provide 
a backup source of the tritium required to maintain our nuclear 
stockpile. The bill provides for this application. The accelerator 
program, called Advanced Accelerator Applications or AAA, would also 
produce radioisotopes for medical purposes and would provide a great 
test bed for study of many nuclear engineering questions.
  Before leaving the part of the bill dealing with spent fuel, let me 
emphasize how very compact these wastes are already and how much more 
compact they could be. For example, all the spent fuel rods from the 
last 40 years of our nation's nuclear energy production would only fill 
one football field to a depth of around 4 yards.
  If we had encouraged reprocessing of spent fuel in this country, we 
would have dramatically less high level waste. In France, they 
reprocess spent fuel, both to reuse some of the residual energy and to 
extract some of the more inert components. Through their efforts, a 
container, smaller than two rolls of film, represents the final high 
level waste for a French family of four for twenty years.
  And finally, the fifth and last part of this bill provides 
streamlining for a number of Nuclear Regulatory Commission procedures 
and outdated statutory restrictions.
  For example, in a global energy market it makes sense to allow 
foreign ownership of power and research reactors located in the United 
States. At the same time, this amendment to the 1954 Atomic Energy Act 
retains U.S. security precautions in the original law.
  Another amendment eliminates time-consuming and unnecessary antitrust 
review requirements. This section of the bill would also simplify the 
hearing requirements in a proceeding involving an amendment to an 
existing operating license or the transfer of an existing license. 
Further, another provision gives the NRC the authority to establish 
requirements to ensure that non-licensees fully comply with their 
obligations to fund nuclear plant decommissioning.
  These and other changes to the 1954 Act will assist the NRC in its 
pursuit of more effective and responsive regulation of our domestic 
nuclear plants. These changes to the Atomic Energy Act have the support 
of the leadership of the NRC Chairman.
  Mr. President, this bill enables nuclear energy to continue to be 
treated as a viable option for our nation's electricity needs. It would 
help ensure that future generations continue to enjoy clean, safe, 
reliable electricity and the many benefits that this energy source will 
provide.
  Mr. President, I am privileged to take a little bit of the Senate's 
time to talk about something I think is very important. I have been 
working on this for a long time, but it just wasn't opportune to bring 
it up and give serious consideration to this issue. With the energy 
crisis in the United States, people are going to be able to understand 
that we truly have a shortage in the capacity to produce electricity, 
which takes care of our homes, feeds our industry, and provides a 
substantial portion of America's economic prosperity and growth.
  So today I am going to talk about a bill I am introducing, with 
bipartisan support, which essentially tries to bring back to a level 
playing field for consideration nuclear energy and new nuclear 
powerplants.
  This bill I am introducing is on my behalf and also for Senators 
Lincoln, Graham, Thompson, Voinovich, Hagel, Murkowski, Landrieu, 
Craig, Kyl, and Crapo, I believe I will have another 10 to 12 
cosponsors soon, all of whom see the importance of the United States of 
America making sure we are taking care of all energy, looking out for 
and moving in the direction of every energy source we have that is safe 
and at the right level of risk, and that we proceed to develop those 
for America's future.
  One of those that can't be left out, in my opinion, is the entire 
field of nuclear energy and what is needed to bring America back to a 
leading role in the world in terms of nuclear power and future 
generations of nuclear powerplants.
  As a precursor to a few remarks, I want to indicate to the Senate, 
and those interested, that every American ought to be concerned about 
the fact that America doesn't have enough energy being produced to keep 
ourselves going at our current rate, much less at the natural growth 
rate that everybody expects.
  My first little exhibit here is a very interesting evaluation and 
analysis of America's current sources of electricity at the end of 
1999. (We don't have a more current one, but it hasn't changed much.) 
Everybody should know that in the United States coal-burning 
powerplants produce 51.4 percent of our electricity. Somehow or 
another, even though coal provides 51 percent, we aren't building very 
many coal powerplants because we have not moved fast enough with new 
technology, and there are many who don't want to build any more coal-
burning plants, even if we can get their pollution down to a safe and 
nonrisky rate.
  Then if we look at the next big source of electricity, it is nuclear 
energy, 19.8 percent. Might I say that while this power crisis has come 
about, the nuclear powerplants in the United States have been producing 
at a higher rate. They have produced far more electricity without 
adding any new plants because the regulatory schemes have become 
reasonable instead of unreasonable and generating capacity has risen. 
Capacity used to be 70 percent; it is now up to 90. Incidentally, if we 
had time, we would show you that even during that period of time, the 
safety record has become better rather than worse. We have a very 
interesting chart that would show that.
  Let's move on. Natural gas, which we are now rapidly building, 
everywhere I turn and look, people are building a new powerplant with 
natural gas. A little bit of electricity comes from oil, 3.1 percent. 
And then hydroelectricity is 8.3 percent. Others sources are in yellow 
on the chart--and I am telling it like it is. That yellow represents 
2.3 percent, solar, wind, biomass, geothermal, and others. Of that 
yellow, I believe solar and wind are about a half a percent of the 2.3 
percent. So there are those who say we can solve our energy problem 
with those items that are

[[Page S1975]]

in yellow here. I say, good luck. Let's proceed as rapidly as we can. 
But I have a hunch that to increase those latter sources to a larger 
ratio within our energy sources, we will have a long way to go.
  We would have to produce these wind fields with windmills on them 
beyond anything Americans expect. They expect this should not be the 
case if we have another way.
  Understand that hydroelectricity is a small amount, but it is pretty 
important. Even in the last administration, they were talking about 
knocking down some dams so we would have less of this. Actually, that 
is pretty risky for America's future.
  For those who are wondering where we are in terms of cost, I want to 
show them something. This is the electricity production costs. My good 
friend occupying the Chair is from Oklahoma. He produces gas and oil in 
his State. The best we could do is get information for the end of 1999. 
The distinguished Senator and those in attendance know that the natural 
gas price has gone up substantially since 1999. I could not bring more 
recent cost data because we do not have anything more current.
  Since the only thing we want to use is natural gas, we have put an 
enormous demand on natural gas while those who supply it are struggling 
to keep pace. So the price of natural gas has gone up in a rather 
extraordinary manner. I think everybody in this Senate would agree with 
that. That is because the market is taking hold of a very small portion 
that is free to be traded and those who own it are saying: What will 
you pay for it?
  That is going up, but even in 1999, here is what it cost Americans. 
The green line is nuclear power. We see that it is the lowest. In 1999, 
it is beginning to get even lower than coal-burning powerplants. This 
next line is oil. One can see it is below natural gas. These are the 
numbers: Nuclear, 1.83; coal, 2.07; oil, 3.18; and gas, 3.52 cents per 
kilowatt-hour.
  Of course, just because energy is more expensive, it does not mean we 
should not use it, but I believe the American people over the next 10 
to 25 years ought to have a mix so there is a market balance and there 
is some competition for these various sources of energy. I believe that 
is why so many Senators have joined in this bill.
  I want to quickly tell you what it does. It supports nuclear energy, 
and it does that in many ways. The Nuclear Energy Research Initiative, 
called NERI, which is being funded--we are going to authorize it to 
make sure it continues.
  Nuclear energy plant optimization is a few million dollars. This 
helps certification of these plants for an extended licensure period.
  Incidentally, that is happening. We are relicensing them. Those who 
are doing that are sure they are safe. I wish I had time. I would show 
you relicensing versus closing them down, which some people would like. 
This will add an enormous amount of energy over the next 20 to 30 
years. I have a chart showing that, but I will not use your time on 
that.
  We also have nuclear energy education support. America used to be not 
only the leading producer of nuclear power, but we were the leader in 
all of the science and technology. We moved from the atom bomb to 
peaceful uses. The great scientists converted it and made nuclear 
powerplants. These plants are getting more and more modern in the 
world, yet America is letting our technology and our science sit still. 
We want to move that ahead in our universities where more people who 
want to choose engineering and science are given an opportunity to get 
into the nuclear field because it is important to America's future.
  We encourage new plant construction. That will not come overnight, 
but it is interesting that while the United States debates an issue of 
what we do with the waste that comes out of the nuclear powerplants--
and I am sure the occupant of the chair and most Senators if they study 
it carefully will clearly come down on the side that this is not a 
difficult problem--people who do not want nuclear power at all make it 
a problem. But technically, scientifically, and safetywise, it is not a 
problem. It is now a problem because the State of Nevada does not want 
it, so they are using every political means. That is their prerogative. 
But somehow, somewhere, America will be moving in the direction of 
getting that problem solved. We are working on a long-term solution.

  Incidentally, in this bill we suggest and create waste solutions. We 
create an Office for Spent Nuclear Fuel in the Department. If you have 
a Department of Energy for the greatest nation on Earth, you surely 
ought to have within it, on its domestic side of achievements and 
activities, an office for research on spent nuclear fuel. Which great 
country would not have that except us? But we went through 15 years 
when we threw almost everything nuclear out of the Department of 
Energy, as if it were not an energy source, as if it would go away.
  The spirit and energy of coming back and doing something significant 
is prompted because the world in the future wants to be free and wants 
to have production of wealth. People want to be part of a world in 
which the poor countries should get richer over the next 10, 20, 30 
years, not poorer, and America wants to be part of that. We all have to 
worry about energy supplies.
  In South Africa, they are moving ahead with the next generation of a 
nuclear powerplant that is going to be completely different from the 
powerplants we have today. We are sending a few people there to help 
with licensure and regulation, but America should be leading the way. 
We should be there with the scientists, engineers, and American 
companies moving to the next generation.
  There is a next generation. It is not cooled necessarily by water. 
There are other ways to cool it. Incidentally, it will have passive 
safety features so it cannot melt down. That is the one issue everybody 
puts up when they say do not touch nuclear power because they want to 
scare us to death--it might have a meltdown. But this new powerplant 
cannot do that, as a matter of fundamental design parameters.
  In this bill, we are going to create waste solutions. We are looking 
at an advanced accelerator, called AAA. We are also looking at advanced 
fuel recycling. Ultimately we may have a whole new way to change the 
quality of high-level waste through a process called transmutation. The 
end product will mostly no longer be high-level waste; they will be 
able to dispose of the products from transmutation in a very easy way.
  I was talking about waste. I was going to show the Senate a container 
we received as a demonstration. This holds the waste from a family of 
four in France for 20 years--a family of four, year round for 20 years. 
That is the total waste they generate because they have 80 percent 
nuclear power. But here we are making nuclear waste the most enormous 
problem in the world, and letting it stop our pursuit of the cleanest, 
most environmentally friendly source of energy around. If we are 
looking at balancing environmental needs with energy, nothing beats 
nuclear.
  We also encourage new plant construction in this bill. That means 
evaluation of options to complete some unfinished powerplants and 
Generation Four Reactors. These are the next generation. We are funding 
them to try to catch up.

  We are also going to assure a level playing field for nuclear power. 
By that I mean it has not been entitled to some of the luxuries of 
credits in terms of clean air and the like that other forms of energy 
have. That is going to change.
  Last, we are going to improve the NRC regulations.
  I close by saying the United States has 103 nuclear powerplants 
producing 20 percent of our energy.
  Let me state how safe nuclear power is. First, we have about 90 ships 
at sea that have as part of their structure one or two nuclear 
powerplants. I want to make sure those who are interested know about 
these ships sailing the seas with nuclear powerplants. I am talking 
about nuclear powerplants that are just like the nuclear powerplants 
that exist in America on this chart. They might be smaller, but they 
are the same and produce the same kind of power.
  In 1954, we put the first one in the ocean. Today, we have them 
sailing everywhere with that reactor and nuclear fuel on board. Yet 
they are permitted to dock all around the world except

[[Page S1976]]

New Zealand. Does anybody believe they could dock all over the world if 
they were unsafe? There would be an outcry to put them 80 miles out, 
but they are right in the docks. They are welcome because they are 
absolutely safe. There has never been a nuclear accident since 1954 in 
the entire nuclear Navy history.
  In the end, one of the issues will be what risks we take. Overall, we 
take fewer risks by using nuclear power than by almost any other source 
because we produce dramatic environmental consequences on the plus side 
with nuclear power.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 472

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

          TITLE I--SUPPORT FOR CONTINUED USE OF NUCLEAR ENERGY

                 Subtitle A--Price-Anderson Amendments

Sec. 101. Short title.
Sec. 102. Indemnification authority.
Sec. 103. Maximum assessment.
Sec. 104. Department of Energy liability limit.
Sec. 105. Incidents outside the United States.
Sec. 106. Reports.
Sec. 107. Inflation adjustment.
Sec. 108. Civil penalties.
Sec. 109. Applicability.

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

Sec. 111. Assistant Secretaries.

      Subtitle C--Funding of Certain Department of Energy Programs

Sec. 121. Establishment of programs.
Sec. 122. Nuclear energy research initiative.
Sec. 123. Nuclear energy plant optimization program.
Sec. 124. Uprating of nuclear plant operations.
Sec. 125. University programs.
Sec. 126. Prohibition of commercial sales of uranium and conversion 
              held by the Department of Energy until 2006.
Sec. 127. Cooperative research and development and special 
              demonstration projects for the uranium mining industry.
Sec. 128. Maintenance of a viable domestic uranium conversion industry.
Sec. 129. Portsmouth gaseous diffusion plant.
Sec. 130. Nuclear generation report. 

                TITLE II--CONSTRUCTION OF NUCLEAR PLANTS

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

                TITLE III--EVALUATIONS OF NUCLEAR ENERGY

Sec. 301. Environmentally preferable purchasing.
Sec. 302. Emission-free control measures under a State implementation 
              plan.
Sec. 303. Prohibition of discrimination against emission-free 
              electricity projects in international development 
              programs.

     TITLE IV--DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY

Sec. 401. Findings.
Sec. 402. Office of spent nuclear fuel research.
Sec. 403. Advanced fuel recycling technology development program.

                   TITLE V--NATIONAL ACCELERATOR SITE

Sec. 501. Findings.
Sec. 502. Definitions.
Sec. 503. Advanced Accelerator Applications Program.

             TITLE VI--NUCLEAR REGULATORY COMMISSION REFORM

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

     SEC. 2. FINDINGS.

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

     SEC. 3. DEFINITIONS.

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

          TITLE I--SUPPORT FOR CONTINUED USE OF NUCLEAR ENERGY

                 Subtitle A--Price-Anderson Amendments

     SEC. 101. SHORT TITLE.

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

     SEC. 102. INDEMNIFICATION AUTHORITY.

       (a) Indemnification of Nuclear Regulatory Commission 
     Licensees.--Section 170c. of the Atomic Energy Act of 1954 
     (42 U.S.C. 2210(c)) is amended--

[[Page S1977]]

       (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

[[Page S1978]]

     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 
     U3O8 equivalent per year.''.

     SEC. 127. COOPERATIVE RESEARCH AND DEVELOPMENT AND SPECIAL 
                   DEMONSTRATION PROJECTS FOR THE URANIUM MINING 
                   INDUSTRY.

       There is authorized to be appropriated to the Secretary 
     $10,000,000 for each of fiscal years 2002, 2003, and 2004 
     for--
       (1) cooperative, cost-shared, agreements between the 
     Department and the domestic uranium mining industry to 
     identify, test, and develop improved in-situ leaching mining 
     technologies, including low-cost environmental restoration 
     technologies that may be applied to sites after completion of 
     in-situ leaching operations; and
       (2) funding for competitively selected demonstration 
     projects with the domestic uranium mining industry relating 
     to--
       (A) enhanced production with minimal environmental impact;
       (B) restoration of well fields; and
       (C) decommissioning and decontamination activities.

     SEC. 128. MAINTENANCE OF A VIABLE DOMESTIC URANIUM CONVERSION 
                   INDUSTRY.

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

     SEC. 129. PORTSMOUTH GASEOUS DIFFUSION PLANT.

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

     SEC. 130. NUCLEAR GENERATION REPORT.

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

                TITLE II--CONSTRUCTION OF NUCLEAR PLANTS

     SEC. 201. ESTABLISHMENT OF PROGRAMS.

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

     SEC. 202. NUCLEAR PLANT COMPLETION INITIATIVE.

       (a) In General.--The Secretary shall solicit information on 
     United States nuclear plants requiring additional capital 
     investment before becoming operational or being returned to 
     operation to determine which, if any, should be included in a 
     study of the feasibility of completing and operating some or 
     all of the nuclear plants by December 31, 2004, considering 
     technical and economic factors.
       (b) Identification of Unfinished Nuclear Plants.--The 
     Secretary shall convene a panel of experts to--
       (1) review information obtained under subsection (a); and
       (2) identify which unfinished nuclear plants should be 
     included in a feasibility study.
       (c) Technical and Economic Completion Assessment.--On 
     completion of the identification of candidate nuclear plants 
     under subsection (b), the Secretary shall commence a detailed 
     technical and economic completion assessment that includes, 
     on a unit-specific basis, all technical and economic 
     information necessary to permit a decision on the feasibility 
     of completing work on any or all of the nuclear plants 
     identified under subsection (b).
       (d) Solicitation of Proposals.--After making the results of 
     the feasibility study under subsection (c) available to the 
     public, the Secretary shall solicit proposals for completing 
     construction on any or all of the nuclear plants assessed 
     under subsection (c).
       (e) Selection of Proposals.--
       (1) In general.--The Secretary shall reconvene the panel of 
     experts designated under subsection (b) to review and select 
     the nuclear plants to be pursued, taking into consideration 
     any or all of the following factors:
       (A) Location of the nuclear plant and the regional need for 
     expanded power capability.
       (B) Time to completion.
       (C) Economic and technical viability for completion of the 
     nuclear plant.
       (D) Financial capability of the offeror.
       (E) Extent of support from regional and State officials.
       (F) Experience and past performance of the members of the 
     offeror in siting, constructing, or operating nuclear 
     generating facilities.
       (G) Lowest cost to the Government.
       (2) Regional and state support.--No proposal shall be 
     accepted without endorsement by the State Governor and by the 
     elected governing bodies of--
       (A) each political subdivision in which the nuclear plant 
     is located; and
       (B) each other political subdivision that the Secretary 
     determines has a substantial

[[Page S1979]]

     interest in the completion of the nuclear plant.
       (f) Report to Congress.--
       (1) In general.--Not later than June 1, 2002, the Secretary 
     shall submit to Congress a report describing the reactors 
     identified for completion under subsection (e).
       (2) Contents.--The report shall--
       (A) detail the findings under each of the criteria 
     specified in subsection (e); and
       (B) include recommendations for action by Congress to 
     authorize actions that may be initiated in fiscal year 2003 
     to expedite completion of the reactors.
       (3) Considerations.--In making recommendations under 
     paragraph (2)(B), the Secretary shall consider--
       (A) the advisability of authorizing payment by the 
     Government of Commission user fees (including consideration 
     of the estimated cost to the Government of paying such fees); 
     and
       (B) other appropriate considerations.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,000,000 for 
     fiscal year 2002.

     SEC. 203. EARLY SITE PERMIT DEMONSTRATION PROGRAM.

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

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

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

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

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

                TITLE III--EVALUATIONS OF NUCLEAR ENERGY

     SEC. 301. ENVIRONMENTALLY PREFERABLE PURCHASING.

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

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

       (a) Definitions.--In this section:
       (1) Criteria air pollutant.--The term ``criteria air 
     pollutant'' means a pollutant listed under section 108(a) of 
     the Clean Air Act (42 U.S.C. 7408(a)).
       (2) Emission-free electricity source.-- The term 
     ``emission-free electricity source'' means--
       (A) a facility that generates electricity without emitting 
     criteria pollutants, hazardous pollutants, or greenhouse 
     gases as a result of onsite operations of the facility; and
       (B) a facility that generates electricity using nuclear 
     fuel that meets all applicable standards for radiological 
     emissions under section 112 of the Clean Air Act (42 U.S.C. 
     7412).
       (3) Greenhouse gas.--The term ``greenhouse gas'' means a 
     natural or anthropogenic gaseous constituent of the 
     atmosphere that absorbs and re-emits infrared radiation.

[[Page S1980]]

       (4) Hazardous pollutant.--The term ``hazardous pollutant'' 
     has the meaning given the term in section 112(a) of the Clean 
     Air Act (42 U.S.C. 7412(a)).
       (5) Improvement in availability.--The term ``improvement in 
     availability'' means an increase in the amount of electricity 
     produced by an emission-free electricity source that provides 
     a commensurate reduction in output from emitting sources.
       (6) Increased emission-free capacity project.--The term 
     ``increased emission-free capacity project'' means a project 
     to construct an emission-free electricity source or increase 
     the rated capacity of an existing emission-free electricity 
     source.
       (b) Treatment of Certain State Actions as Control 
     Measures.--An action taken by a State to support the 
     continued operation of an emission-free electricity source or 
     to support an improvement in availability or an increased 
     emission-free capacity project shall be considered to be a 
     control measure for the purposes of section 110(a) of the 
     Clean Air Act (42 U.S.C. 7410(a)).
       (c) Economic Incentive Programs.--
       (1) Criteria air pollutants and hazardous pollutants.--
     Emissions of criteria air pollutants or hazardous pollutants 
     prevented or avoided by an improvement in availability or the 
     operation of increased emission-free capacity shall be 
     eligible for, and may not be excluded from, incentive 
     programs used as control measures, including programs 
     authorizing emission trades, revolving loan funds, tax 
     benefits, and special financing programs.
       (2) Greenhouse gases.--Emissions of greenhouse gases 
     prevented or avoided by an improvement in availability or the 
     operation of increased emission-free capacity shall be 
     eligible for, and may not be excluded from, incentive 
     programs used as control measures on the national, regional 
     State, or local level.

     SEC. 304. PROHIBITION OF DISCRIMINATION AGAINST EMISSION-FREE 
                   ELECTRICITY PROJECTS IN INTERNATIONAL 
                   DEVELOPMENT PROGRAMS.

       (a) Prohibition.--No Federal funds shall be used to support 
     a domestic or international organization engaged in the 
     financing, development, insuring, or underwriting of 
     electricity production facilities if the activities fail to 
     include emission-free electricity production facility 
     projects that use nuclear fuel.
       (b) Request for Policies.--The Secretary of Energy shall 
     request copies of all written policies regarding the 
     eligibility of emission-free nuclear electricity production 
     facilities for funding or support from international or 
     domestic organizations engaged in the financing, development, 
     insuring, or underwriting of electricity production 
     facilities, including--
       (1) the Agency for International Development;
       (2) the World Bank;
       (3) the Overseas Private Investment Corporation;
       (4) the International Monetary Fund; and
       (5) the Export-Import Bank.

     TITLE IV--DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY

     SEC. 401. FINDINGS.

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

     SEC. 402. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.

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

     SEC. 403. ADVANCED FUEL RECYCLING TECHNOLOGY DEVELOPMENT 
                   PROGRAM.

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

                   TITLE V--NATIONAL ACCELERATOR SITE

     SEC. 501. FINDINGS.

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

     SEC. 502. DEFINITIONS.

       In this title:

[[Page S1981]]

       (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--

[[Page S1982]]

       (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.

  Mrs. LINCOLN. Mr. President, today I join Senator Domenici in 
introducing the Nuclear Energy Electricity Assurance Act of 2001. 
Simply put, this bill is designed to ensure that nuclear energy remains 
a viable energy source well into the future of this country.
  The Nuclear Energy Electricity Assurance Act of 2001 has many 
important provisions and I will talk specifically about a couple of 
them today.
  We should pursue innovative technologies to reduce the amount of 
nuclear waste that we will eventually have to store permanently in a 
geologic repository. Technologies such as nuclear waste reprocessing 
would allow us to recycle about 75 percent of the nuclear waste we have 
today. And there are technologies such as transmutation that would 
increase the percentage of recycled waste even further. This bill 
establishes a new national strategy for nuclear waste by creating the 
Office of Spent Nuclear Fuel Research and beginning the Advanced Fuel 
Recycling Technology Development Program within the Department of 
Energy to study and focus on achievable nuclear fuel reprocessing 
initiatives. A strong nuclear fuel reprocessing program is necessary to 
ensure we can make nuclear fuel a truly renewable fuel source. It 
simply makes sense.
  In my home State of Arkansas, we have one nuclear powerplant located 
just outside the small town of Dardanelle. This facility has provided 
safe, clean, emission-free power to all Arkansans for many years, and I 
aim to see that it remains for many more. This bill will help ensure 
that this happens by providing incentive funding for utilities to 
invest in increased efficiency and capacity of each nuclear powerplant.
  This bill takes safe, legitimate steps toward bringing more nuclear 
power online, providing incentives to increase nuclear power 
efficiency, and strengthening the pursuit of needed reprocessing 
technologies. I look forward to the debate on this bill and providing 
this Nation with a safe, economical, and environmentally safe energy 
supply.
  Mr. MURKOWSKI. Mr. President, I rise today to congratulate Senator 
Domenici on the introduction of his very fine bill regarding nuclear 
energy in this country. He has been a strong advocate of strengthening 
and reassessing the US approach to nuclear technologies and this bill 
goes a long

[[Page S1983]]

way toward attaining these goals. Senator Domenici has been an active 
participant in all aspects of nuclear production, nonproliferation and 
our nation's security and has been very helpful to me in my role as 
Chairman of the Energy and Natural Resources Committee. He has always 
been supportive of efforts to deal with our nation's nuclear waste and 
recently co-sponsored my ``National Energy Security Act of 2001,'' a 
bipartisan approach to ensuring our nation's energy security.
  Senator Domenici's bill is significant because it addresses both 
short-term and long-term issues. Our bills share many provisions, 
including: renewal of the Price-Anderson Act, authorizations for 
Nuclear Energy Research Initiative, NERI, Nuclear Energy Plant 
Optimization, NEPO, and Nuclear Energy Technology Programs, NETP, 
encouraging nuclear energy efficiencies, and creation of an office of 
spent nuclear fuel research.
  Short-term goals of increasing efficiencies are especially important 
in a time when this country is running short of generation capacity. 
What is happening in California could happen elsewhere and we need to 
ensure we get the most of existing generation. In 1999, U.S. nuclear 
reactors achieved close to 90 percent efficiency. Total efficiency 
increases during the 1990's at existing plants was the equivalent of 
adding approximately twenty-three 1,000 megawatt power plants. And keep 
in mind, that is all clean, non-emitting generation. Despite what 
environmentalists want you to think, nuclear is clean. It is the 
largest source of U.S. emission free generation, producing 
approximately 70 percent of our nation's clean-burning generation in 
1999.
  In addition, Senator Domenici's bill encourages and funds long-term 
progress in nuclear issues. If we are to have a viable nuclear industry 
in the future, we must have properly educated and trained 
professionals. To achieve that goal, Senator Domenici's bill encourages 
education in the hard sciences by funding recommendations made by the 
Nuclear Energy Research Advisory Committee to support nuclear 
engineering. Senator Domenici's bill also encourages developing waste 
solutions, a problem that has bedeviled the industry since the first 
fuel rods were removed from a commercial plant. The federal government 
said it would take responsibility for this waste but has yet to do so. 
Senator Domenici's ``Office of Spent Nuclear Fuel Research'' would 
develop a national strategy for spent fuel, including the study of 
reprocessing and transmutation. The bill also includes authorization 
for advanced accelerator applications and advanced fuel recycling 
technology development.
  Unless this nation is able to address the nuclear waste issue, we are 
in danger of losing the nuclear option. And in this time of increasing 
demand for clean, stable, reliable sources of energy, we just can't 
afford to lose nuclear energy. Nuclear energy is on the upswing. Four 
or five years ago, who would have thought we would hear talk of buying 
and selling plants and even building new plants. But it is happening! 
In this deregulated environment, nuclear plants are becoming hot 
commodities, if you will pardon the pun.
  And US industry is actually putting its money where its mouth is. By 
the end of 2001, Chicago-based Exelon Corporation will have invested 
$15 million in a South African venture to build a pebble bed modular 
reactor. Designed to be simpler, safer, and cheaper than current light-
water reactors, these pebble bed reactors have captured the attention 
of several companies and the NRC and Senator Domenici's bill will help 
to smooth the path for new reactor technologies.
  If we ever hope to achieve energy security and energy independence in 
this country, we cannot abandon the nuclear option. It is an important 
and integral part of our energy mix. Our economy depends on nuclear 
energy. Our national security depends on nuclear energy. Our 
environment depends on nuclear energy. Our future depends on nuclear 
energy.
  If we do not create reasonable energy diversity with an increased 
reliance on nuclear generation, we endanger ourselves, our future, and 
our children's future.
  Ms. LANDRIEU. Mr. President, today I rise as an original co-sponsor 
of the Nuclear Energy Electricity Supply Assurance Act of 2001. I 
commend the senior Senator from New Mexico for his passion and 
persistence on this issue.
  The U.S. is currently experiencing unusually high and volatile energy 
prices. Residents of my state of Louisiana as well as citizens across 
the country are facing abnormally high gas prices this winter and 
cannot pay their bills. While there are some steps we can take in the 
short run to help, the situation is complex in nature and any attempt 
at an overall solution will require a number of different remedies over 
the long run focusing on both the supply and demand side of the 
equation.
  The need to increase our domestic supply of energy is apparent. One 
of the great strengths of the electric supply system in this country is 
the contribution that comes from a variety of fuels such as coal, 
nuclear, natural gas, hydropower, oil and renewable energy. The 
diversity of available fuels we have at our disposal should enable us 
to balance cost, availability and environmental impacts to the best 
advantage. Unfortunately, we have not made adequate use of this supply.
  While most of the attention this winter has focused on the role of 
natural gas, coal and nuclear energy actually both make a larger 
contribution to the electricity supply system of the United States, 
representing approximately 55 and 20 percent respectively of our 
nation's electricity supply. Each of the above mentioned sources of 
electricity has unique advantages and disadvantages. While it would not 
be wise to rely too heavily on any single fuel for its electricity, we 
must not allow our misconceptions to dissuade us from ignoring others 
altogether.
  One source of energy which I believe we are not making proper use of 
is nuclear power. There are currently 103 nuclear power plants in this 
country but no new plants have been ordered since 1978. Two of these 
plants are located in my state of Louisiana where nuclear power 
generates 15 percent of the electricity. We have witnessed firsthand 
the numerous benefits of nuclear energy.
  First, nuclear energy is efficient and cost effective due to low 
operating costs and high plant performance. Also, nuclear energy is 
reliable in that it is not subject to unreliable weather or climate 
conditions, unpredictable cost fluctuations or dependence on foreign 
suppliers. Thirdly, contrary to popular perception, nuclear energy has 
perhaps the lowest impact on the environment including air, land, water 
and wildlife of any energy source because it emits no harmful gases 
into the environment, isolates its waste from the environment and 
requires less area to produce the same amount of electricity as other 
sources. Finally, although many people associate the issue of nuclear 
power with the accident at Three Mile Island in 1979, its safety record 
has been excellent, particularly in comparison with other major 
commercial energy technologies.
  The bill being introduced today will help provide nuclear power with 
its proper place in the energy policy debate taking place in our 
country. Three of the more important provisions contained in this 
legislation are: the encouragement of new plant construction through 
loan guarantees to complete unfinished plants; the assurance of a level 
playing field for nuclear power by making it eligible for federal 
``environmentally preferable'' purchasing programs and research 
supporting regulations for new reactor designs with proper focus on 
safety and efficiency.
  Over the next several months the members of the United States Senate 
will engage in a critical debate over the future of our nation's energy 
policy. I look forward to participating in this discussion and 
advocating for the important role of nuclear power. While development 
of nuclear power alone will not take care of our energy needs, it 
should be part of the answer.
  Mr. CRAIG. Mr. President, I am very pleased to stand with my friend 
and colleague, Senator Pete Domenici, as an original cosponsor of the 
Nuclear Energy Electricity Supply Assurance Act of 2001. Following on 
the heels of the introduction of the comprehensive energy bill last 
week, this bill takes a closer look at nuclear energy specifically and 
lays out a concrete plan to secure the continued viability of nuclear 
energy, our largest source of emissions, free electricity.

[[Page S1984]]

  Let me also note that I am very pleased that this is a bipartisan 
effort. I appreciate my colleagues from across the aisle who are 
joining with us in acknowledging that it is vital to take steps now in 
support nuclear energy and thereby, help to increase our energy 
independence.
  The Nuclear Energy Electricity Supply Assurance Act of 2001 is a 
package of measures which help our current energy situation by 
supporting nuclear energy research and development, by encouraging new 
plant construction, by assuring a level playing field for nuclear power 
by acknowledging nuclear's clean air benefits, and by improving the 
regulatory process. Although the bill does not explicitly address the 
nuclear waste repository at Yucca Mountain, the bill does create an 
Office of Spent Nuclear Fuel Research at the Department of Energy and 
provides for research into advanced nuclear fuel recycling technologies 
such as those being studied at Argonne National Laboratory in Idaho.
  If my colleagues are wondering why it is important that we address 
the energy issue, they need look no further than the headlines. 
However, I would like to bring my colleagues' attention to a study that 
was recently released on the subject of energy. The Center for 
Strategic and International Studies here in Washington, DC, recently 
released its study entitled, ``The Geopolitics of Energy into the 21st 
Century.'' Their findings are sobering and I want to take a moment to 
highlight some of their conclusions. I do this to provide the global 
context for our energy picture and to explain why it is so critical 
that this nuclear energy bill and the comprehensive energy package 
introduced last week receive our full attention.
  This study on the geopolitics of energy found that during the next 20 
years, energy demand is projected to expand more than 50 percent and 
that electricity will continue to be the most rapidly growing sector of 
energy demand. Energy supply, not simply reductions in demand, will 
need to be expanded substantially to meet this demand growth and that 
the choice of primary fuel used to supply power plants will have 
important effects on the environment. Interestingly, this growth in 
demand will not be fueled primarily by the United States, as some might 
think. Developing economies in Asia and in Central and South America 
will show the greatest increase in consumption.
  The study points out that although the world drew some portion of its 
energy supplies from unstable countries and regions throughout much of 
the twentieth century, by the year 2020, fully 50 percent of estimated 
total global oil demand will be met from countries that pose a high 
risk of internal instability. Furthermore, the study concludes that a 
crisis in one or more of the world's key energy-producing countries is 
highly likely at some point between now and the year 2020.

  Given these predictions, I am alarmed by our current dependence on 
imported energy. I think it represents a very serious vulnerability in 
our energy picture. This situation makes it critical that the Senate 
act on energy legislation, to put in place the long term steps that 
will help us climb out of the energy deficit we find ourselves in. 
Problems, such as the current energy crisis, that have been years in 
the making will not be remedied overnight, but we need to start taking 
steps now to improve what we can.
  Taking constructive steps to strengthen our energy picture is what 
the Nuclear Energy Electricity Supply Assurance Act of 2001 is about. 
One of the first steps to be taken, is to recognize the tremendous 
contribution that nuclear energy already is making to our domestic 
energy picture. I think my colleagues might be surprised to hear that 
the U.S. nuclear industry is considered the strongest in the world. 
Measured in terms of output, the U.S. nuclear program is as large as 
the programs of France and Japan combined. Nuclear energy recently 
replaced coal as having the lowest electricity production cost, 
approximately 1.83 cents.
  The process for extending nuclear power plant licenses has been 
successfully demonstrated by the Nuclear Regulatory Commission. Two 
plants have been successfully relicensed and three more are in the 
process now. Additionally, the nuclear industry continues to improve 
the efficiency of its currently operating nuclear plants. During the 
past 10 years, these gains in efficiency have added 23,000 megawatts to 
the power grid. This is the equivalent of adding 23 additional 1,000 
megawatt power plants. This additional power has satisfied 
approximately 30 percent of the growth in U.S. electricity demand 
during the 1990s.
  What I have not mentioned in all this, is the important contribution 
nuclear energy makes in meeting clean air goals. If this nuclear 
generation were not in place, some other carbon-emitting source of 
generation would probably be taking its place. In fact, if you look at 
the portfolio of emission-free power generation in the U.S., nuclear 
energy comprises about 69 percent of our emission-free power, with 
hydroelectric power making up about 29 percent and the remaining less 
than 2 percent is made up by geothermal, wind and solar.
  The Nuclear Energy Electricity Supply Assurance Act of 2001 will 
authorize the exploration of advanced nuclear reactor designs which 
meet the goals of being economic, having enhanced safety features, 
while also reducing the production of spent fuel. The development of 
``Generation Four'' nuclear reactors is something I am really excited 
about because much of the work done so far on Generation Four reactor 
design has been done at the Idaho National Engineering and 
Environmental Laboratory and at Argonne West National Laboratory in my 
home state of Idaho. One of the reasons I am so optimistic about the 
ability of this country to tackle these tough energy challenges is the 
good work that I have seen coming out of our laboratories. When we 
unleash our best minds on these issues, really wonderful ideas come 
forth. That kind of creativity and initiative is what this bill is 
attempting to harness.
  I am excited to be a part of this bill and I thank Senator Domenici 
for partnering with me early on in the development of this bill and 
soliciting my input. I think we have a good product. As we move 
forward, I am sure we will receive additional innovative ideas. That is 
the challenge to all of us as we address our energy crisis--bringing 
the best ideas to bear. This bill is a good start to that process.
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