[Senate Report 108-218]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 422
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-218

======================================================================



 
               REAUTHORIZATION OF THE PRICE-ANDERSON ACT

                                _______
                                

                December 9, 2003.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 156]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 156) to amend the Atomic Energy Act of 1954 
to reauthorize the Price-Anderson provisions, having considered 
the same, reports favorably thereon with amendments and an 
amendment to the title and recommends that the bill, as 
amended, do pass.

                    General Statement and Background

    This bill amends various sections of the Atomic Energy Act 
of 1954, 42 U.S.C. 2011 et seq., to authorize continuation of 
the Price-Anderson provisions.
    The Atomic Energy Act of 1954 assigned to the Atomic Energy 
Commission responsibility for protecting public health and 
safety from the hazards of radiation produced through nuclear 
technology. The Energy Reorganization Act of 1974 abolished the 
Atomic Energy Commission and created a new agency, the Nuclear 
Regulatory Commission (NRC or Commission), to take over its 
regulatory functions.
    The Senate Committee on Environment and Public Works has 
jurisdiction over the nonmilitary environment regulation and 
control of atomic energy. This includes both legislative and 
oversight authority pertaining to the operations of the NRC.
    Among the responsibilities entrusted to the Nuclear 
Regulatory Commission are regulation of the nation's commercial 
nuclear power plants, along with other civilian uses of 
radioactive materials. The mission of the NRC is to conduct an 
effective regulatory program that promotes the safe use of 
nuclear energy and materials, in a manner that protects the 
public health and safety and the human environment, and 
promotes the common defense and security.
    Congress passed the Price-Anderson Act in 1957 to ensure 
that adequate funds would be available to compensate victims of 
a nuclear accident. It also recognized that the risk of 
extraordinary liability that companies would incur if a nuclear 
accident were to happen would render insurance costs 
prohibitively high, and thwart the development of nuclear 
energy.
    The original Price-Anderson Act authorized government 
indemnification for only 10 years, until August 1, 1967. 
Congress extended the Act, in 1965 and 1975 for additional 10 
year periods, and a third time in1988, for an additional 15 
years.
    Under the 1988 extension, the Department of Energy and the 
Nuclear Regulatory Commission have authority to issue 
indemnification agreements only until August 1, 2002. However, 
existing activities licensed by the Nuclear Regulatory 
Commission will continue to be covered by the indemnification 
provisions of Price-Anderson, so that only new facilities or 
activities licensed by the NRC after August 1, 2002, would not 
be covered.
    The original Price-Anderson legislation that was enacted in 
1957 provided up to $500 million indemnification for both 
Federal weapons contractors and commercial nuclear power plant 
operators. In addition to the $500 million government 
indemnification, commercial nuclear power plant operators were 
required to obtain as much additional insurance as they could. 
By pooling their resources, these civilian licensees were able 
to obtain an additional $60 million in private insurance. Thus, 
liability for military weapons contractors was capped at $500 
million, and at $560 million for civilian commercial licensees
    Over the years, Congress has made substantial changes in 
the way Price-Anderson operates. As currently constituted, 
Price-Anderson places a cap on liability for commercial nuclear 
facilities and activities licensed by the U.S. Nuclear 
Regulatory Commission, and allows for deferral of a portion of 
the payments such licensees must make.
    The Price-Anderson Act requires owners of commercial 
reactors to assume all liability for damages to the public 
resulting from an ``extraordinary nuclear occurrence'' and to 
waive most legal defenses they would otherwise have. However, 
in exchange, their liability will be limited to capped amounts 
established in the Act.
    First, each licensed reactor must carry the maximum amount 
of insurance commercially available to pay any damages from a 
severe nuclear accident. That amount is currently $200 million.
    In addition to this $200 million per-reactor insurance, 
owners would be required, in the event of an actual nuclear 
accident, to pay an additional $83.9 million, payable in annual 
installments of not more than $10 million per reactor, per 
year. Following an accident, these ``retrospective premiums'' 
would be collectively available to cover any damages exceeding 
the $200 million per-reactor commercial insurance coverage.
    S. 156 extends coverage for commercial reactors until 
August 1, 2012, and increases the annual premium payments from 
$10,000,000 to $15,000,000 per reactor. .

                      Section-By-Section Analysis

                   TITLE I PRICE-ANDERSON AMENDMENTS

Section 101. Short Title
    This section provides that the title may be cited as the 
'Price-Anderson Act of 2003'.
Sec. 102. Maximum Assessment
    This section amends Section 170b.(1) of the Atomic Energy 
Act of 1954, 42 U.S.C 2210(b)(1), by extending the maximum 
amount of liability to licensees from $63,000,000 to 
$94,000,000, and by increasing the annual premium payments from 
$10,000,000 to $15,000,000.
    This section also inserts in subsection (t) ``total and 
annual'' after ``amount of the maximum'', and strikes ``the 
date of enactment of the Price-Anderson Amendments Act of 
1988'' and inserting ``July 1, 2001''.
Sec. 103. Extension Of Indemnification Authority
    This section amends Section 170c. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2210(c)).
    New subsection 170c amends the subsection heading by 
striking 'LICENSES' and inserting 'LICENSEES', and by striking 
'August 1, 2002' each place it appears and inserting 'August 1, 
2012'.
Sec. 104. Reports
    This section amends section 170p. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2210(p)) by striking 'August 1, 1998' and 
inserting 'August 1, 2008'.
Sec. 105. Effective Date
    This section states that the amendments made by this Act 
will take effect on August 1, 2002.

                TITLE II NUCLEAR INFRASTRUCTURE SECURITY

Sec. 201. Short Title
    This section provides that the title may be cited as the 
``Nuclear Infrastructure Security Act of 2003''.
Sec. 202. Definitions
    This section amends section 11 of the Atomic Energy Act to 
provide for the definition of ``designated nuclear facilities' 
and ``private security force.''
Sec. 203. Designated Nuclear Facility Security
    Section 203 (a) amends Chapter 14 of the Atomic Energy Act 
by adding a new section 170C, ``Protection of Designated 
Nuclear Facilities.''
    New subsection 170C(a) provides definitions for 
``Certificate Holders,'' Federal Security Coordinator,'' 
``Design Basis Threat'' and ``Licensee.''
    New subsection 170C(b) requires the Commission and the 
Secretary of Homeland Security, in consultation with other 
agencies and State and local government, as appropriate to 
conduct a comprehensive security examination. Paragraph (b)(1) 
sets out in detail the matters to be examined. These are 
classification of threats as those types of threats falling 
under the responsibility of either the Federal Government, 
State or local governments, or those threats which should be 
the responsibility of the licensee or certificate holder; 
coordination of security efforts; adequacy of planning, 
including emergency planning zones, coordination and security 
plans; the system of threat levels used to categorize threats; 
hiring and training standards for members of private security 
forces; coordination of Federal resources to expedite and 
improve the process of conducting background checks; and the 
establishment of a program to provide technical assistance and 
training to the National Guard and law enforcement.
    Paragraph (b)(2) requires the Commission and the Secretary 
of Homeland Security to submit a report (including findings and 
recommendations) to the Congress and the President (classified 
and unclassified form) not later than 1 year after completion 
of the examination.
    New subsection 170C(c) requires that not later than 180 
days after completion of the examination, the Commission revise 
the design basis threat as it determines appropriate. This 
section includes safeguards and procedures to ensure the 
protection of all safeguarded information and classified 
national security information.
    New subsection 170C(d) requires the Commission to establish 
a system for the determination of threat levels for classes of 
designated nuclear facilities, as determined by the Commission, 
and other materials designated by the Commission not later than 
150 days after completion of the report required in (c)(3).
    New subsection 170C(e) requires the Commission to ensure 
that designated nuclear facilities revise their security plans 
to be consistent with any revised design basis threat and to 
submit the plan to the Commission for review. The Commission is 
required to ensure that any necessary changes to the security 
and security plans are made not later than 18 months after 
completion of the review.
    New subsection 170C(f) requires the Commission and the 
Secretary of Homeland Security to review facility emergency 
response plans to ensure that it provides protection for 
persons in the emergency response planning zone. The aspect of 
the review include: protection of public health, including the 
ability to implement protective measures; clear delineation of 
responsibilities; notification procedures; communication and 
coordination of emergency response personnel; dissemination of 
information; adequate emergency facilities and equipment; use 
of methods, systems and equipment for assessing and monitoring 
the impacts of an emergency; protective actions; means for 
controlling radiological/hazardous exposures for emergency 
response personnel; medical services; plans for recovery/
reentry; and radiological response training. The Commission 
shall ensure that any necessary revisions to emergency response 
plans are implemented.
    New subparagraph 170C(g) requires the President to 
establish, consistent with the finding of the security 
examination, a program to provide training and technical 
assistance for National Guard, State and local law enforcement 
who have security responsibilities for pre-to threats. The 
President may provide grants to assist as appropriate. The 
intention of this section is to ensure that all who have 
security responsibilities are properly trained and equipped to 
deal with a threat/act at a nuclear facility.
    New subsection 170C(h) requires the Commission to review 
and update, as appropriate, access and training standards for 
employees of a designated nuclear facility. The Commission 
shall also establish procedures to ensure that no individual 
who presents a threat to national security is employed at a 
designated nuclear facility.
    New subsection 170C(i) requires the Commission to assign a 
Federal security coordinator to each regional office of the 
Commission and sets out the responsibilities of the Federal 
security coordinator.
    New subsection 170C(j) is a savings clause to ensure that 
nothing in the section supercedes any law governing the 
disclosure of classified or safeguards information.
    Section 203(b) amends Section 149 of the Atomic Energy Act. 
This section expands the classes of persons subject to the 
fingerprinting requirements of section 149 of the Atomic Energy 
Act of 1954.
    New subsections (a)(1)(A)&(B) provides for fingerprinting 
to be conducted by (A) any licensee, certificate holder, or 
applicant for a license or certificate to operate a utilization 
facility under section 103 or 104(b), and (B) any licensee or 
applicant for a license to possess or use radioactive material 
or other property (including intellectual property, such as 
standard reactor designs subject to certification under 10 
C.F.R. Part 52, or property that can be reverse engineered to 
develop components significant to nuclear activities) subject 
to Commission regulation that the Commission determines to be 
of such significance to the public health and safety or common 
defense and security as to warrant fingerprinting and 
background checks. As is the case under current law, the person 
required to conduct the fingerprinting would bear the cost of 
the identification and records checks.
    Persons required to conduct fingerprinting would be 
required to fingerprint each individual permitted to have 
unescorted access to the facility or other property (including 
property such as standard reactor designs subject to 
certification under 10 C.F.R. Part 52, or property that can be 
reverse engineered to develop components significant to nuclear 
activities) subject to regulation by the Commission that the 
Commission determines to be of such significance to the public 
health and safety or common defense and security as to warrant 
fingerprinting and background checks.
    Fingerprints obtained would be submitted to the U.S. 
Attorney General, through the Commission, for identification 
and criminal history records checks. The Attorney General may 
provide the results of any search to the Commission. As is also 
the case under current law, the Commission would be authorized 
to provide the results of the identification and criminal 
history records checks (other than information that a 
Government agency has determined should not be made available 
to a licensee, certificate holder, or applicant) to the person 
who conducted the fingerprinting. A decision would then be made 
whether to provide unescorted access, or access to safeguards 
information, to the individual who was the subject of the 
background check.
    New subsection 149(d) would allow the fingerprinting 
requirements of section 149 to be satisfied by use of other 
biometric methods used for identification that have been 
approved by the Attorney General. This will permit use of 
technologically advanced biometric methods for identification 
of individuals to satisfy the requirements of section 149.
Sec. 4. Office of Nuclear Security and Incident Response
    This section amends Title II of the Energy Reorganization 
Act of 1974 by adding a new section 212, which establishes an 
Office of Nuclear Security and Incident Response. This new 
section is intended to codify action taken by the Commission in 
April, 2002, (creating the office by administrative action) and 
to provide the equivalent statutory status as other Commission 
offices. It is the Committee's intent for this office to 
coordinate closely with the Department of Homeland Security in 
order to enhance the effectiveness of both the Commission and 
the Department. It is also the Committee's intent that this 
office not duplicate efforts of the Department.
    New subsections 212(a) and 212(b) provide definitions for 
the new section and establish the Office of Nuclear Security 
and Incident Response.
    New subsection 212(c) provides for the appointment of a 
Director to head the office, and specifies the duties of the 
Director.
    New subsection 212(d) requires the Commission to establish 
a security response evaluation program in order to assess the 
ability of each designated nuclear facility to defend against 
threats in accordance to the security plan. This subsection 
requires the evaluations to include force-on-force exercises 
that simulate the security threats consistent with the design 
basis threat applicable to the facility. It is the Committee's 
expectation that those who carry out the force-on-force 
exercises will be well qualified with backgrounds that include 
knowledge of special forces operations and nuclear facilities. 
The frequency of these evaluations is set at every 3 years, and 
allows the Commission to suspend these activities in times of 
heightened threat levels. The Commission is required to 
establish performance criteria for judging the security 
response evaluations. This subsection also sets out corrective 
action measures if a facility does not satisfy the performance 
criteria and does not correct any defects, but does not limit 
any current enforcement authority of the Commission.
    New subsection 212(e) requires the Commission, in 
coordination with Department of Homeland Security, and, as 
appropriate, in consultation with other Federal, State, and 
local response agencies and stakeholders, to observe and 
evaluate emergency response exercises. The evaluation will 
assess the ability of Federal, State and local emergency 
agencies and emergency response personnel of the facility to 
respond to a radiological emergency in accordance with the 
emergency response plans. Specifically, the evaluation will 
assess capabilities; coordination and communications 
capabilities; and the ability to take protective actions. The 
Commission will also ensure that emergency response plans are 
revised to correct any deficiency identified in an evaluation. 
The NRC is required to submit a report to the President and the 
Congress (classified and unclassified) describing the results 
of exercises and any revisions made the plans.
    New subsection 212(f) is a savings clause intended to 
ensure that nothing in this section limits the authority of the 
Department of Energy relating to the security and safeguarding 
of special nuclear materials, high level radioactive waste, and 
nuclear facilities resulting from all activities under the 
jurisdiction of DOE.
Section. 205. Carrying of Weapons by Licensee Employees
    This section amends Chapter 14 of Title I of the Atomic 
Energy Act. It permits the Commission to authorize guards at 
certain NRC-licensed or certified facilities, and guards 
transporting special nuclear materials, to carry and use 
firearms to prevent sabotage of such facilities or theft of 
nuclear explosive material. The section also authorizes the 
Commission to issue regulations shielding guards against State 
prosecution for discharge of firearms in the performance of 
official duties..
Section 206. Sensitive Radioactive Material Security
    This section amends Chapter 14 of the Atomic Energy Act of 
1954 to add a new section 170E at the end. New subsection 
170E(a) defines the terms `sensitive radioactive material' and 
'security threat.' Subsection 170E(b) requires the Commission 
to evaluate the security of sensitive radioactive material 
against security threats and recommend administrative and 
legislative actions. In doing so, the Commission is required to 
consult with the Secretary of Homeland Security, Secretary of 
Energy, Director of the CIA, Director of the FBI, Director of 
the Customs Service, and the Administrator of the EPA. The 
committee is aware that there are a broad range of radioactive 
materials in public use and not all present a significant 
threat to public health. As such, this subsection requires the 
Commission to take actions, as appropriate, to identify and 
categorize those materials that should be classified as 
sensitive radioactive material. The committee expects that the 
development of improved security recommendations under this 
section will be based on this categorization, providing the 
greatest security to those categories of sensitive radiological 
material which present the greatest threat.
    New subsection 170E(c) requires periodic reports to the 
President and Congress describing administrative and 
legislative actions recommended by the task force.
    New subsection 170E(d) requires the NRC to take such 
actions as are appropriate to revise the system for licensing 
radioactive materials and to ensure that States have entered 
into appropriate agreements establishing compatible programs.
Sec. 207. Unauthorized Introduction of Dangerous Weapons
    This section expands section 229a of the Atomic Energy Act 
to include facilities, installations or real property subject 
to the licensing or certification authority of the Commission. 
This would allow Commission to apply the provisions of section 
229a to NRC licensed or certified activities, thereby allowing 
the Commission to prohibit a person who has not obtained prior 
authorization from carrying, transporting, or otherwise 
introducing or causing to be introduced any weapon, explosive, 
or other dangerous instrumentality into any facility, 
installation or real property regulated or subject to 
certification by the Commission.
Sec. 208. Sabotage of Nuclear Facilities or Fuel
    This section amends section 236a of the Atomic Energy Act 
of 1954 to expand existing Federal criminal sanctions for 
sabotage or attempted sabotage of production or utilization 
facilities to include sabotage or attempted sabotage during the 
construction stage of those facilities, if the damage could 
affect public health and safety during facility operation. This 
section also expands the sanctions to include sabotage or 
attempted sabotage of operating fuel fabrication facilities.
Sec. 209. Evaluation of Adequacy of Enforcement Provisions
    This section requires the Attorney General and the NRC to 
submit to Congress a report that assesses the adequacy of the 
criminal enforcement provisions in Chapter 18 of the Atomic 
Energy Act
Sec. 210. Protection of Whistleblowers
    This section amends section 212(a) of the Energy 
Reorganization Act of 1974 to extend whistleblower protection 
to Commission contractors and subcontractors.
Sec. 211. Technical and Conforming Amendments
    This section provides technical and conforming amendments.
Sec. 212. Authorization of Appropriations
    The Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 
2214) provides that the ``aggregate amount of the annual 
charges collected from all licensees and certificate holders in 
a fiscal year shall equal an amount that approximates the 
percentages of the budget authority of the Commission for the 
fiscal year.'' This section adds homeland security (except for 
the cost of fingerprinting and background checks and the costs 
of conducting security inspections) as one of the exemptions 
from inclusion in those charges.

                        TITLE III MISCELLANEOUS

Sec. 301. Treatment of Nuclear Reactor Financial Obligations
    This section provides that funds intended for 
decontamination and decommissioning are only to be used for 
those purposes and may not be used to satisfy any creditor's 
claim. It also states that a licensee may not be discharged of 
his responsibility of decontamination or decommissioning. Also, 
private insurance premium funds shall not be used to satisfy 
the claim of any creditor in any proceeding under this until 
the indemnification agreement is terminated.
Sec. 302. Medical Isotope Production
    This section provides that the Commission may issue a 
license for the export of highly enriched uranium for medical 
isotope production if specific requirements are met. The 
requirements include an assurance letter to the U.S. Government 
from the receiving country, use for medical isotope production 
only, and irradiation only within a reactor. The recipient 
country must also meet treaty requirements, export requirements 
and requirements of physical security.

                          Legislative History

    The Price-Anderson Act is the primary Federal statute 
governing the public liability, compensation, indemnity, and 
insurance coverage for nuclear accidents. The Act (Sec. 170 of 
the Atomic Energy Act of 1954 as amended, 42 U.S.C. 2210) was 
first passed in 1957. The ``Price-Anderson'' Act derives its 
name from its two primary sponsors Rep. Melvin Price (D-IL) and 
Sen. Clinton P. Anderson (D-NM). It has been renewed three 
times by Congress, in 1965 and in 1975, for successive 10-year 
periods, and in 1988 for a fifteen-year period to end August 1, 
2002. Senator Inhofe (R-OK) and Senator Voinovich (R-OH) 
cosponsored the current Act known as S. 156, the 'Price-
Anderson Amendments Act of 2003', on January 14, 2003. It was 
then referred to the Senate Committee on Environment and Public 
Works. A full committee business meeting was held on April 9, 
2003, and the committee ordered S. 156, the Price-Anderson 
Amendments Act of 2003 as amended, to be reported to the full 
senate.
    The Reid amendment #2 as amended by Inhofe, Clinton 
amendment #6, Clinton amendment #7, and Bond amendment #1 were 
all offered and agreed to by voice vote.

                                Hearings

    There were no hearings held on S. 156 during the 108th 
Congress. On January 23, 2002, the Subcommittee on 
Transportation, Infrastructure and Nuclear Safety held a 
hearing on the reauthorization of Price Anderson. Witnesses 
included: Mr. William F. Kane--Deputy Executive Director for 
Reactor Programs, United States Nuclear Regulatory Commission; 
Mr. John L. Quattrocchi--Senior Vice President, American 
Nuclear Insurers; Mr. Marvin S. Fertel--Senior Vice President, 
Nuclear Energy Institute; Mr. Peter Bradford--Visiting 
Lecturer; Mr. Dan Guttman--Fellow, Center for Study of American 
Government, Johns Hopkins University; Ms. Christie Brinkley--
STAR Foundation.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 156 on April 9, 2003. The committee voted favorably 
to report S. 156 by voice vote.

                      Regulatory Impact Statement

    In compliance of section 11(b) of rule XXVI of the Standing 
Rules of the Senate, the committee finds that S. 156 does not 
create any additional regulatory burdens, nor will it cause any 
adverse impact on the personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 156 would 
increase the maximum retrospective and annual premiums 
collected from NRC to cover damages resulting from a nuclear 
accident. S. 156 would also require States and private-sector 
entities to pay fees to the Nuclear Regulatory Commission to 
cover increased costs for security at nuclear facilities. 
Because several of the mandates depend on future actions of the 
NRC, the Congressional Budget Office was not able to determine 
the aggregate cost of all mandates. While CBO could not predict 
with certainty whether the costs to private-sector entities 
would exceed the annual threshold for private-sector mandates, 
as provided by UMRA, they did determine that costs to public 
entities would be small and would not exceed the 
intergovernmental threshold.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, December 5, 2003.

Hon. James M. Inhofe, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 156, a bill to amend 
the Atomic Energy Act of 1954 to reauthorize the Price-Anderson 
provisions, to provide for the security of commercial nuclear 
power plants and facilities designated by the Nuclear 
Regulatory Commission, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Lisa Cash 
Driskill and Melissa E. Zimmerman, who can be reached at 226-
2860.
            Sincerely,
                                        Douglas Holtz-Eakin
                              ----------                              

S. 156, A bill to amend the Atomic Energy Act of 1954 to reauthorize 
        the Price-Anderson provisions, to provide for the security of 
        commercial nuclear power plants and facilities designated by 
        the Nuclear Regulatory Commission, and for other purposes, as 
        ordered reported by the Senate Committee on Environment and 
        Public Works on April 9, 2003
Summary
    S. 156 would establish several new security programs 
designed to protect the nation's nuclear infrastructure. Those 
programs would include appointing Federal security coordinators 
for designated nuclear facilities, enhanced systems to manage 
the security of sensitive radioactive materials, additional 
requirements for security and emergency-response plans at 
designated nuclear facilities, and additional training and 
grant landing for the National Guard and State and local 
authorities to improve security efforts at nuclear facilities. 
The bill also would reauthorize the Price-Anderson Act for 
Nuclear Regulatory Commission (NRC) licensees through 2012, 
which would provide a framework. for the structure of liability 
coverage for such licensees in the event of a nuclear accident.
    Based on information from the Nuclear Regulatory 
Commission, CBO estimates that implementing S. 156 would cost 
about $175 million over the 2004-2008 period, assuming 
appropriation of the necessary amounts. Although the NRC 
currently has the authority to offset a substantial portion of 
its annual appropriation with fees charged to the licensees it 
regulates, S. 156 would require that none of the costs from 
activities included in the bill be offset through annual fees.
    In addition, enacting S. 156 would increase revenues by 
establishing new criminal penalties for the sabotage of nuclear 
facilities and by allowing certain facilities regulated by the 
NRC to import weapons subject to a transfer tax. CBO estimates 
that those penalties and transfer taxes would increase revenues 
by less than $500,000 a year. Subsequent direct spending of 
criminal penalties also would be less than $500,000 per year.
    S. 156 would impose both intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA) by decreasing premiums that can be assessed by the NRC 
in the event of a nuclear accident, requiring new and expanded 
security procedures at certain nuclear facilities, and 
requiring new arrest authorization for nuclear facilities. 
Because several of the mandates depend on future actions of the 
NRC for which information currently is not available, CBO 
cannot determine the aggregate cost of all mandates contained 
in the bill or whether the costs to the private sector would 
exceed the annual threshold for private-sector mandates ($120 
million in 2004, adjusted annually for inflation). CBO 
estimates, however, that the costs to public entities would be 
small and would not exceed the intergovernmental threshold ($60 
million in 2004, adjusted annually for inflation).
Estimated Cost to the Federal Government
    The estimated budgetary impact of S. 156 is shown in the 
following table. The costs of this legislation fall within 
budget function 270 (energy).


                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                     2004         2005         2006         2007         2008
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION\1\
Federal Security Coordinators:
    Estimated Authorization Level..............            0            1            1            1            1
    Estimated Outlays..........................            0            1            1            1            1
Sensitive Radioactive Material:
    Estimated Authorization Level..............           12           12           12           12           13
    Estimated Outlays..........................            8           11           12           12           13
Security and Emergency-Response Plans:
    Estimated Authorization Level..............            9            9           13           15            9
    Estimated Outlays..........................            6            8           12           14           11
National Guard and Law Enforcement Training:
    Estimated Authorization Level..............           11           11           11           11           11
    Estimated Outlays..........................            8           10           11           11           11
Rulemakings and Evaluations:
    Estimated Authorization Level..............            5            2            5            1            1
    Estimated Outlays..........................            4            2            4            2            1
    Total Changes:
    Estimated Authorization Level..............           37           35           42           40           35
    Estimated Outlays..........................           26           32           40           40           37
----------------------------------------------------------------------------------------------------------------
NOTE: Details may not sum to totals because of rounding.
\1\S. 156 also would affect revenues and direct spending but by less than $500,000 a year.

Basis of Estimate
    For this estimate, CBO assumes that the bill will be 
enacted near the end of calendar year 2004, that the necessary 
amounts will be appropriated for each year, and that outlays 
will occur at historical rates for similar programs.
    S. 156 would reauthorize provisions of the Price-Anderson 
Act relating to NRC licensees through August 1, 2012. The act 
provides a framework for the structure of liability coverage in 
the event of a nuclear accident. CBO estimates that 
reauthorizing these provisions would have no effect on the 
Federal budget. If damages resulting from a nuclear accident 
exceed the liability coverage established by the Price-Anderson 
Act (roughly $10 billion under current law), the act requires 
that the Congress determine how remaining damages would be 
paid. Options could include additional assessments on the 
nuclear industry or Federal appropriations.
Spending Subject to Appropriation
    Federal Security Coordinators. S. 156 would require that 
the NRC hire and train security coordinators to be stationed in 
each of the NRC's four regions. We estimate that implementing 
this program would require the NRC to hire and train four 
coordinators at a cost of about $500,000 per year and that the 
program would start in 2005.
    Security of Sensitive Radioactive Material. S. 156 would 
require the NRC to improve the security requirements for 
sensitive radioactive materials. Such improvements would 
include revising licensing and classification systems, 
establishing a tracking system, and increasing evaluation and 
inspection of safeguard measures. Currently, the NRC spends 
about $1 million per year to regulate certain radioactive 
material used for industrial purposes. S. 156 would 
significantly expand that program to include a wide variety of 
radioactive materials.
    Based on information from the NRC, we estimate that this 
expanded program would require additional appropriations of $12 
million per year over the next 5 years. Funds would be used for 
establishing new computer systems, hiring of additional staff, 
and auditing sites with radioactive materials. Overall, we 
estimate that implementation of this program would result in 
outlays of $56 million over the 2004-2008 period.
    Security-and Emergency-Response Plans. S. 156 would require 
the NRC to evaluate the security and emergency-response plans 
for each of the 66 designated nuclear facilities in the United 
States. Based on information from the NRC, CBO estimates that 
those evaluations would cost an average of about $10 million 
per year, or $51 million over the 2004-2008 period for 
additional staff, equipment, training, and consulting; 
services.
    Emergency-Response Planning. S. 156 would require the NRC 
to review the emergencyresponse plan for each designated 
nuclear facilities. It also would require the NRC to observe 
and evaluate emergency-response exercises and report to the 
Congress. Based on information from the NRC, we expect that the 
agency would hire additional staff to establish evaluation 
criteria to observe emergency-response exercises. We estimate 
that these activities would cost about $17 million over the 
2004-2008; period for additional staff, support, training, and 
travel.
    Security-Response Evaluations. S. 156 would require the NRC 
to establish a securityresponse-evaluation program that would 
simulate the threats that nuclear facilities must be able to 
defend against. At least once every 3 years, an evaluation 
would be required at each designated nuclear facility. We 
expect that the NRC would use contractors to conduct mock 
exercises, known as force-on-force. Overall, we estimate that 
the NRC would spend about $7 million per year to staff and 
support a program office and contract for such exercises. CBO 
estimates that the program would cost about $3 5 million over 
the 2004-2008 period.
    National Guard and Law Enforcement Training. S. 156 would 
establish a new program to provide technical assistance and 
training for the National Guard and State and local law 
enforcement agencies to respond to threats against the nation's 
nuclear facilities. Under this program, the NRC would provide 
training at each of the designated 66 facilities four times a 
year at a cost of about $125,000 a year-at an estimated total 
cost of $8 million per year. In addition, we estimate that the 
31 States with designated nuclear facilities would each receive 
grants of $100,000 per year for technical assistance and 
training. Assuming appropriation of the necessary amounts, we 
estimate that implementing those training and assistance 
programs would require appropriations of about $11 million a 
year, which would result in outlays of $51 million over the 
2004-2008 period.
    Rulemakings, Evaluations, and Reports. The bill would. 
require the NRC to prepare several reports for the Congress on 
nuclear security issues and conduct reviews of security matters 
at the nation's nuclear facilities. CBO has estimated the cost 
of those additional efforts based on information from the NRC. 
Specifically, the bill would require:

      An examination of the security requirements for 
the nation's nuclear infrastructure at an estimated cost of $4 
million over the 2004-2005 period;
      An update to rules on design-basis threat or the 
threat that designated nuclear facilities must be able to 
defend against at an estimated cost of $2 million over the 
2004-2006 period;
      An evaluation of each designated nuclear 
facility's plan to defend against the updated design-basis 
threat at an estimated cost of $3.5 million in 2006;
      A review and update of employee security 
standards at the nation's nuclear facilities at an estimated 
cost of $4 million over the 2004-2008 period;
      A report on the adequacy of criminal penalties 
under--the Atomic Energy Act at an estimated cost of $500,000 
in 2004; and
      A system to determine threat levels for the 
nation's nuclear infrastructure at an estimated cost of 
$300,000 over the 2005-2006 period.

    Overall, we would expect that such evaluations, 
rulemakings, and reports to the Congress would cost $14 million 
over the 2004-2008 period for additional staff, support, and 
consulting services.
Direct Spending and Revenues
    Enacting S. 156 would increase revenues by establishing new 
criminal penalties for the sabotage of a wide range of nuclear 
facilities and allow certain facilities regulated by the NRC to 
import weapons subject to a transfer tax. CBO estimates that 
those penalties and transfer taxes would increase revenues by 
less than $500,000 a year. Subsequent direct spending of 
penalties collected for violation of the criminal code would 
also be less than $500,000 per year.
Intergovernmental and Private-Sector Impact
    S. 156 would impose both intergovernmental and private-
sector mandates as defined in the UMRA by:

      Increasing both the maximum retrospective and 
annual, premiums collected from NRC licensees to cover damages 
resulting from a nuclear incident;
      Effectively increasing fees collected from 
licensees to pay for fingerprint checks by increasing the 
number of individuals requiring background checks;
      Requiring NRC licensees and certificate holders 
to obtain prior authorization from the commission, allowing 
security personnel to make arrests without warrants in the 
performance of their duties; and
      Requiring new security standards and procedures 
at designated nuclear facilities.

    Because several of the mandates depend on future actions of 
the NRC for which information currently is not available, CBO 
cannot determine the aggregate cost of all mandates contained 
in the bill or whether the costs to private-sector entities 
would exceed the annual threshold for private-sector mandates 
($120 million in 2004, adjusted annually for inflation). CBO 
estimates, however, that the costs to public entities would be 
small and would not exceed the intergovernmental threshold ($60 
million in 2004, adjusted annually for inflation).
Increase in Premiums
    Under current law, in the event that losses from a nuclear 
incident exceed the required amount of private insurance, the 
NRC would levy an assessment on its licensees (both public and 
private) to cover the shortfall in damage coverage. Section 102 
would increase the maximum retrospective premium from $84 
million to $94 million as well as increase the maximum annual 
premium from $10 million to $15 million. CBO has determined 
that raising both the maximum total premium and the annual 
premium would increase the costs of an existing mandate and 
would thereby impose both intergovernmental and private-sector 
mandates under U v RA. Because the probability of a nuclear 
accident resulting' in losses exceeding the amount of private 
insurance coverage is low, CBO estimates that the annual costs 
of complying with the mandates (in expected-value terms) would 
not be substantial over the next 5 years.
Additional Fee for Background Checks
    S. 156 would require the NRC to conduct security 
inspections at licensed facilities. In addition, the bill would 
require fingerprinting of additional individuals connected with 
nuclear facilities as part of criminal background checks done 
through the U.S. Attorney General's Office. Although the NRC 
would absorb the cost of the security inspections, the cost of 
the government background checks would be borne directly by 
licensees. The duty to pay the increased cost would be both a 
private-sector and intergovernmental mandate under UMRA, but 
the cost of the mandate would be small.
Authorization for Arrests
    Current law allows employees of NRC licensees and 
certificate holders and the employees of their contractors and 
subcontractors to make an arrest without a warrant while 
carrying out official duties. S. 156 would impose a new 
intergovernmental and private-sector mandate by requiring 
licensees and certificate holders to obtain a blanket 
authorization from the NRC for such arrests. The details for 
obtaining this authorization have yet to be determined by the 
commission, but CBO expects the costs of this mandate to be 
small.
New Security Standards and Procedures
    S. 156 would require the NRC to promulgate new rules for 
licensees concerning:

      Security requirements for handling sensitive 
radioactive materials;
      Threats that certain nuclear facilities must 
protect against;
      Security plans, emergency-response plans, and 
preparedness for the facilities;
      Involvement of appropriate local governments, 
employers, and interested groups in the emergency-planning 
process;
      Access and training standards for employees of 
the facilities; and
      Handling of accelerator-produced and by-product 
radioactive material.

    The new rules would constitute mandates as defined in UMRA, 
but the extent of those mandates would depend on future actions 
of the NRC. At this time, the NRC could not indicate the scope 
of the rules to be issued, and consequently, CBO cannot 
determine the cost of compliance.
Previous Estimate
    On August 14, 2003, CBO transmitted a cost estimate for S. 
1043, the Nuclear Infrastructure Security Act of 2003, as 
ordered reported by the Senate Committee on Environment and 
Public works on May 15, 2003. The two bills have some similar 
provisions regarding security programs. CBO estimates that 
implementing the provisions in S. 1043 would cost more to 
implement than those in S. 156.
    S. 1043 also included intergovernmental and private-sector 
mandates. S. 1043 differed from this bill by allowing the NRC 
to offset the cost of security inspections by increasing annual 
fees collected from licensees, an intergovernmental and 
private-sector mandate. The aggregate cost of the mandates in 
S. 1043 could not be determined because several of the mandates 
depend on future actions of the NRC for which information was 
not available. As a result, CBO could not determine whether the 
costs would exceed the annual threshold for private-sector 
mandates ($120 million in 2004, adjusted annually for 
inflation) but estimated that the costs to public entities 
would not exceed the intergovernmental threshold ($60 million 
in 2004, adjusted annually for inflation).

Estimate Prepared By: Federal Costs: Lisa Cash Driskill and 
Melissa E. Zimmerman (226-2860); Impact on State, Local, and 
Tribal Governments: Gregory Waring (225-3220); Impact on the 
Private Sector: Selena Caldera (226-2940).

Estimate Approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                       ATOMIC ENERGY ACT OF 1954

        An Act for the development and control of atomic energy.

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

                         TITLE I--ATOMIC ENERGY

             Chapter 1. Declaration, Findings, and Purpose

Sec. 1. Declaration.

           *       *       *       *       *       *       *

Sec. 170B. Uranium supply.
Sec. 170C. Protection of designated nuclear facilities.
Sec. 170D. Carrying of weapons.
Sec. 170E. Sensitive radioactive material security.''.

           *       *       *       *       *       *       *

    Sec. 11. Definition.--The intent of Congress in the 
definitions as given in this section should be construed from 
the words or phrases used in the definitions. As used in this 
Act:
    a. The term ``agency of the United States'' means the 
executive branch of the United States, or any Government 
agency, or the legislative branch of the United States, or any 
agency, committee, commission, office, or other establishment 
in the legislative branch, or the judicial branch of the United 
States, or any office, agency, committee, commission, or other 
establishment in the judicial branch.
    b. The term ``agreement for cooperation'' means any 
agreement with another nation or regional defense organization 
authorized or permitted by sections 54, 57, 64, 82, 91c., 103, 
104, or 144, and made pursuant to section 123.
    c. The term ``atomic energy'' means all forms of energy 
released in the course of nuclear fission or nuclear 
transformation.
    d. The term ``atomic weapon'' means any device utilizing 
atomic energy, exclusive of the means for transporting or 
propelling the device (where such means is a separable and 
divisible part of the device), the principal purpose of which 
is for use as, or for development of, a weapon, a weapon 
prototype, or a weapon test device.
    e. The term ``byproduct material'' means (1) any 
radioactive material (except special nuclear material) yielded 
in or made radioactive by exposure to the radiation incident to 
the process of producing or utilizing special nuclear material, 
and (2) the tailings or wastes produced by the extraction or 
concentration of uranium or thorium from any ore processed 
primarily for its source material content.
    f. The term ``Commission'' means the Atomic Energy 
Commission.\1\
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    \1\ The Atomic Energy Commission was abolished and all functions 
were transferred to the Nuclear Regulatory Commission and the 
Administrator of the Energy Research and Development Administration by 
sections 104 and 201 of the Energy Reorganization Act of 1974, Pub. L. 
93-438. The Energy Research and Development Administration was 
terminated and functions vested by law in the Administrator thereof 
were transferred to the Secretary of Energy (unless otherwise 
specifically provided) by sections 301(a) and 703 of the Department of 
Energy Organization Act, Pub. L. 95-91.
    For transfer of certain functions from the Nuclear Regulatory 
Commission to the Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 
F.R. 40561, 94 Stat. 3585.
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    g. The term ``common defense and security'' means the 
common defense and security of the United States.
    h. The term ``defense information'' means any information 
in any category determined by any Government agency authorized 
to classify information, as being information respecting, 
relating to, or affecting the national defense.
    i. The term ``design'' means (1) specifications, plans, 
drawings, blueprints, and other items of like nature; (2) the 
information contained therein; or (3) the research and 
development data pertinent to the information contained 
therein.
    j. The term ``extraordinary nuclear occurrence'' means any 
event causing a discharge or dispersal of source, special 
nuclear, or byproduct material from its intended place of 
confinement in amounts offsite, or causing radiation levels 
offsite, which the Nuclear Regulatory Commission or the 
Secretary of Energy, as appropriate, determines to be 
substantial, and which the Nuclear Regulatory Commission or the 
Secretary of Energy, as appropriate, determines has resulted or 
will probably result in substantial damages to persons offsite 
or property offsite. Any determination by the Nuclear 
Regulatory Commission or the Secretary of Energy, as 
appropriate, that such an event has, or has not, occurred shall 
be final and conclusive, and no other official or any court 
shall have power or jurisdiction to review any such 
determination. The Nuclear Regulatory Commission or the 
Secretary of Energy, as appropriate, shall establish criteria 
in writing setting forth the basis upon which such 
determination shall be made. As used in this subsection, 
``offsite'' means away from ``the location'' or the ``contract 
location'' as defined in the applicable Nuclear Regulatory 
Commission or the Secretary of Energy, as appropriate, 
indemnity agreement, entered into pursuant to section 170.
    [k. The term ``financial protection'' means the ability to 
respond in damages for public liability and to meet the costs 
of investigating and defending claims and settling suits for 
such damages.]
    k. authorize--
            (1) to carry and use 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 view of site-
        specific conditions, in the interest of the common 
        defense and security; and
            (2) to carry and use any other weapons, devices, or 
        ammunition in the performance of officials duties, any 
        employees of persons licensed or certified by the 
        Commission (including employees of contractors of 
        licensees or certificate holders) who are trained and 
        qualified as guards and whose duty is the protection of 
        facilities or property described in paragraph (1), 
        regardless of whether the employees are Federal, State, 
        or local law enforcement officers;
    l. The term ``Government agency'' means any executive 
department, commission, independent establishment, corporation, 
wholly or partly owned by the United States of America which is 
an instrumentality of the United States, or any board, bureau, 
division, service, office, officer, authority, administration, 
or other establishment in the executive branch of the 
Government.
    m. The term ``indemnitor'' means (1) any insurer with 
respect to his obligations under a policy of insurance 
furnished as proof of financial protection; (2) any licensee, 
contractor or other person who is obligated under any other 
form of financial protection, with respect to such obligations; 
and (3) the Nuclear Regulatory Commission or the Secretary of 
Energy, as appropriate, with respect to any obligation 
undertaken by it in an indemnity agreement entered into 
pursuant to section 170.
    n. The term ``international arrangement'' means any 
international agreement hereafter approved by the Congress or 
any treaty during the time such agreement or treaty is in full 
force and effect, but does not include any agreement for 
cooperation.
    o. The term ``Energy Committees'' means the Committee on 
Energy and Natural Resources of the Senate and the Committee on 
Energy and Commerce of the House of Representatives.
    p. The term ``licensed activity'' means an activity 
licensed pursuant to this Act and covered by the provisions of 
section 170 a.
    q. The term ``nuclear incident'' means any occurrence, 
including an extraordinary nuclear occurrence, within the 
United States causing, within or outside the United States, 
bodily injury, sickness, disease, or death, or loss of or 
damage to property, or loss of use of property, arising out of 
or resulting from the radioactive, toxic, explosive, or other 
hazardous properties of source, special nuclear, or byproduct 
material: Provided, however, That as the term is used in 
section 170 l., it shall include any such occurrence outside 
the United States: And provided further, That as the term is 
used in section 170 d., it shall include any such occurrence 
outside the United States if such occurrence involves source, 
special nuclear, or byproduct material owned by, and used by or 
under contract with, the United States: And provided further, 
That as the term is used in section 170 c., it shall include 
any such occurrence outside both the United States and any 
other nation if such occurrence arises out of or results from 
the radioactive, toxic, explosive, or other hazardous 
properties of source, special nuclear, or byproduct material 
licensed pursuant to chapters 6, 7, 8, and 10 of this Act, 
which is used on connection with the operation of a licensed 
stationary production or utilization facility or which moves 
outside the territorial limits of the United States in transit 
from one person licensed by the Nuclear Regulatory Commission 
to another person licensed by the Nuclear Regulatory 
Commission.
    r. The term ``operator'' means any individual who 
manipulates the controls of a utilization or production 
facility.
    s. The term ``person'' means (1) any individual, 
corporation, partnership, firm, association, trust, estate, 
public or private institution, group, Government agency other 
than the Commission, any State or any political subdivision of, 
or any political entity within a State, any foreign government 
or nation or any political subdivision of any such government 
or nation, or other entity; and (2) any legal successor, 
representative, agent, or agency of the foregoing.
    t. The term ``person indemnified'' means (1) with respect 
to a nuclear incident occurring within the United States or 
outside the United States as the term is used in section 170 
c., and with respect to any nuclear incident in connection with 
the design, development, construction, operation, repair, 
maintenance, or use of the nuclear ship Savannah, the person 
with whom an indemnity agreement is executed or who is required 
to maintain financial protection, and any other person who may 
be liable for public liability or (2) with respect to any other 
nuclear incident occurring outside the United States, the 
person with whom an indemnity agreement is executed and any 
other person who may be liable for public liability by reason 
of his activities under any contract with the Secretary of 
Energy or any project to which indemnification under the 
provisions of section 170 d., has been extended or under any 
subcontract, purchase order, or other agreement, of any tier, 
under any such contract or project.
    u. The term ``produce,'' when used in relation to special 
nuclear material, means (1) to manufacture, make, produce, or 
refine special nuclear material; (2) to separate special 
nuclear material from other substances in which such material 
may be contained; or (3) to make or to produce new special 
nuclear material.
    v. The term ``production facility'' means (1) any equipment 
or device determined by rule of the Commission to be capable of 
the production of special nuclear material in such quantity as 
to be of significance to the common defense and security, or in 
such manner as to affect the health and safety of the public; 
or (2) any important component part especially designed for 
such equipment or device as determined by the Commission. 
Except with respect to the export of a uranium enrichment 
production facility, \1\ such term as used in chapters 10 and 
16 shall not include any equipment or device (or important 
component part especially designed for such equipment or 
device) capable of separating the isotopes of uranium or 
enriching uranium in the isotope 235.
---------------------------------------------------------------------------
    \1\ Section 3116(b) of Public Law 104-134 (110 Stat. 1321-349) 
amended this section by striking out ``or the construction and 
operation of a uranium enrichment facility using Atomic Vapor Laser 
Isotope Separation technology''. It should have struck out ``or the 
construction and operation of a uranium enrichment production facility 
using Atomic Vapor Laser Isotope Separation technology''. The word 
``production'' was omitted in the original amendment. This amendment 
was executed to the probable intent of the Congress.
---------------------------------------------------------------------------
    w. The term ``public liability'' means any legal liability 
arising out of or resulting from a nuclear incident or 
precautionary evacuation (including all reasonable additional 
costs incurred by a State, or a political subdivision of a 
State, in the course of responding to a nuclear incident or a 
precautionary evacuation), except: (i) claims under State or 
Federal workmen's compensation acts of employees of persons 
indemnified who are employed at the site of and in connection 
with the activity where the nuclear incident occurs; (ii) 
claims arising out of an act of war; and (iii) whenever used in 
subsections a., c., and k. of section 170, claims for loss of, 
or damage to, or loss of use of property which is located at 
the site of and used in connection with the licensed activity 
where the nuclear incident occurs. ``Public liability'' also 
includes damage to property of persons indemnified: Provided, 
That such property is covered under the terms of the financial 
protection required, except property which is located at the 
site of and used in connection with the activity where the 
nuclear incident occurs.
    x. The term ``research and development'' means (1) 
theoretical analysis, exploration, or experimentation; or (2) 
the extension of investigative findings and theories of a 
scientific or technical nature into practical application for 
experimental and demonstration purposes, including the 
experimental production and testing of models, devices, 
equipment, materials, and processes.
    y. The term ``Restricted Data'' means all data concerning 
(1) design, manufacture, or utilization of atomic weapons; (2) 
the production of special nuclear material; or (3) the use of 
special nuclear material in the production of energy, but shall 
not include data declassified or removed from the Restricted 
Data category pursuant to section 142.
    z. The term ``source material'' means (1) uranium, thorium, 
or any other material which is determined by the Commission 
pursuant to the provisions of section 61 to be source material; 
or (2) ores containing one or more of the foregoing materials, 
in such concentration as the Commission may by regulation 
determine from time to time.
    aa. The term ``special nuclear material'' means (1) 
plutonium, uranium enriched in the isotope 233 or in the 
isotope 235, and any other material which the Commission, 
pursuant to the provisions of section 51, determines to be 
special nuclear material, but does not include source material; 
or (2) any material artifically \1\ enriched by any of the 
foregoing, but does not include source material.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``artificially''.
---------------------------------------------------------------------------
    bb. The term ``United States'' when used in a geographical 
sense includes all Territories and possessions of the United 
States, the Canal Zone and Puerto Rico.
    cc. The term ``utilization facility'' means (1) any 
equipment or device, except an atomic weapon, determined by 
rule of the Commission to be capable of making use of special 
nuclear material in such quantity as to be of significance to 
the common defense and security, or in such manner as to affect 
the health and safety of the public, or peculiarly adapted for 
making use of atomic energy in such quantity as to be of 
significance to the common defense and security, or in such 
manner as to affect the health and safety of the public; or (2) 
any important component part especially designed for such 
equipment or device as determined by the Commission.
    dd. The terms ``high-level radioactive waste'' and ``spent 
nuclear fuel'' have the meanings given such terms in section 2 
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
    ee. The term ``transuranic waste'' means material 
contaminated with elements that have an atomic number greater 
than 92, including neptunium, plutonium, americium, and curium, 
and that are in concentrations greater than 10 nanocuries per 
gram, or in such other concentrations as the Nuclear Regulatory 
Commission may prescribe to protect the public health and 
safety.
    ff. The term ``nuclear waste activities'', as used in 
section 170, means activities subject to an agreement of 
indemnification under subsection d. of such section, that the 
Secretary of Energy is authorized to undertake, under this Act 
or any other law, involving the storage, handling, 
transportation, treatment, or disposal of, or research and 
development on, spent nuclear fuel, high-level radioactive 
waste, or transuranic waste, including (but not limited to) 
activities authorized to be carried out under the Waste 
Isolation Pilot Project under section 213 of Public Law 96-164 
(93 Stat. 1265).
    gg. The term ``precautionary evacuation'' means an 
evacuation of the public within a specified area near a nuclear 
facility, or the transportation route in the case of an 
accident involving transportation of source material, special 
nuclear material, byproduct material, high-level radioactive 
waste, spent nuclear fuel, or transuranic waste to or from a 
production or utilization facility, if the evacuation is--
            (1) the result of any event that is not classified 
        as a nuclear incident but that poses imminent danger of 
        bodily injury or property damage from the radiological 
        properties of source material, special nuclear 
        material, byproduct material, high-level radioactive 
        waste, spent nuclear fuel, or transuranic waste, and 
        causes an evacuation; and
            (2) initiated by an official of a State or a 
        political subdivision of a State, who is authorized by 
        State law to initiate such an evacuation and who 
        reasonably determined that such an evacuation was 
        necessary to protect the public health and safety.
    hh. The term ``public liability action'', as used in 
section 170, means any suit asserting public liability. A 
public liability action shall be deemed to be an action arising 
under section 170, and the substantive rules for decision in 
such action shall be derived from the law of the State in which 
the nuclear incident involved occurs, unless such law is 
inconsistent with the provisions of such section.
    [jj.] ii. Legal Costs.--As used in section 170, the term 
``legal costs'' means the costs incurred by a plaintiff or a 
defendant in initiating, prosecuting, investigating, settling, 
or defending claims or suits for damage arising under such 
section.
    jj. Designated Nuclear Facility.--The term ``designated 
nuclear facility'' means--
            (1) an operating commercial nuclear power plant; 
        and
            (2) any other facility owned or operated by a 
        licensee or certificate holder that the Commission 
        determines should be included within the meaning of the 
        term.
    kk. Private Security Force.--The term ``private security 
force'', with respect to a designated nuclear facility, means 
personnel hired or contracted by the licensee or certificate 
holder of the designated nuclear facility to provide security 
at the designated nuclear facility.

           *       *       *       *       *       *       *

    Sec. 134. Further Restrictions on Exports.--
    [a. The Commission] a. In General.--Except as provided in 
subsection b., the Commission may issue a license for the 
export of highly enriched uranium to be used as a fuel or 
target in a nuclear research or test reactor only if, in 
addition to any other requirement of this Act, the Commission 
determines that--
            (1) there is no alternative nuclear reactor fuel or 
        target enriched in the isotope 235 to a lesser percent 
        than the proposed export, that can be used in that 
        reactor;
            (2) the proposed recipient of that uranium has 
        provided assurances that, whenever an alternative 
        nuclear reactor fuel or target can be used in that 
        reactor, it will use that alternative in lieu of highly 
        enriched uranium; and
            (3) the United States Government is actively 
        developing an alternative nuclear reactor fuel or 
        target that can be used in that reactor.
    b. Medical Isotope Production.--
            (1) In general.--The Commission may issue a license 
        authorizing the export (including shipment to and use 
        at intermediate and ultimate consignees specified in 
        the license) to a recipient country of highly enriched 
        uranium for medical isotope production if, in addition 
        to any other requirements of this Act (except 
        subsection a.), the Commission determines that--
                    (A) a recipient country that supplies an 
                assurance letter to the United States 
                Government in connection with the consideration 
                by the Commission of the export license 
                application has informed the United States 
                Government that any intermediate consignees and 
                the ultimate consignee specified in the 
                application are required to use the highly 
                enriched uranium solely to produce medical 
                isotopes; and
                    (B) the highly enriched uranium for medical 
                isotope production will be irradiated only in a 
                reactor in a recipient country that--
                            (i) uses an alternative nuclear 
                        reactor fuel; or
                            (ii) is the subject of an agreement 
                        with the United States Government to 
                        convert to an alternative nuclear 
                        reactor fuel when alternative nuclear 
                        reactor fuel can be used in the 
                        reactor.
            (2) Exports to other countries.--The Commission may 
        specify, by rulemaking or decision in connection with 
        an export license application, that a country other 
        than a recipient country may receive exports of highly 
        enriched uranium for medical isotope production in 
        accordance with the same criteria established under 
        paragraph (1) for exports to a recipient country if the 
        Commission determines that the other country--
                    (A) is a party to the Treaty on the 
                Nonproliferation of Nuclear Weapons done at 
                Washington, London, and Moscow July 1, 1968 (21 
                UST 483) and the Convention on the Physical 
                Protection of Nuclear Materials done at Vienna 
                October 26, 1979 (TIAS 11080); and
                    (B) will receive the highly enriched 
                uranium under an agreement with the United 
                States concerning peaceful uses of nuclear 
                energy.
            (3) Review of physical protection requirements.--
                    (A) In general.--The Commission shall 
                review the adequacy of physical protection 
                requirements that, as of the date of an 
                application under paragraph (1), are applicable 
                to the transportation of highly enriched 
                uranium for medical isotope production.
                    (B) Imposition of additional 
                requirements.--If the Commission determines 
                that additional physical protection 
                requirements are necessary (including a limit 
                on the quantity of highly enriched uranium that 
                may be contained in a single shipment), the 
                Commission shall impose such requirements as 
                license conditions or through other appropriate 
                means.
    [b.] c. As used in this section--
            (1) the term ``alternative nuclear reactor fuel or 
        target'' means a nuclear reactor fuel or target which 
        is enriched to less than 20 percent in the isotope U-
        235;
            (2) the term ``highly enriched uranium'' means 
        uranium enriched to 20 percent or more in the isotope 
        U-235; [and]
            (3) a fuel or target ``can be used'' in a nuclear 
        research or test reactor if--
                    (A) the fuel or target has been qualified 
                by the Reduced Enrichment Research and Test 
                Reactor Program of the Department of Energy, 
                and
                    (B) use of the fuel or target will permit 
                the large majority of ongoing and planned 
                experiments and isotope production to be 
                conducted in the reactor without a large 
                percentage increase in the total cost of 
                operating the reactor[.];
            (4) the term ``highly enriched uranium for medical 
        isotope production'' means highly enriched uranium 
        contained in, or for use in, a target to be irradiated 
        for the sole purpose of producing medical isotopes;
            (5) the term ``medical isotope'' means a 
        radioactive isotope (including Molybdenum 99, Iodine 
        131, and Xenon 133) that is used--
                    (A) to produce a radiopharmaceutical for 
                diagnostic or therapeutic procedures on 
                patients; or
                    (B) in connection with research and 
                development of radiopharmaceuticals;
            (6) the term ``radiopharmaceutical'' means a 
        radioactive isotope that--
                    (A) contains byproduct material combined 
                with chemical or biological material; and
                    (B) is designed to accumulate temporarily 
                in a part of the body, for therapeutic purposes 
                or for enabling the production of a useful 
                image of the appropriate body organ or function 
                for use in diagnosis of medical conditions; and
            (7) the term ``recipient country'' means Canada, 
        Belgium, France, Germany, and the Netherlands.

           *       *       *       *       *       *       *


                     CHAPTER 14. GENERAL AUTHORITY

    Sec. 161. General Provisions.--In the performance of its 
functions the Commission is authorized to--
            a. establish advisory boards to advise with and 
        make recommendations to the Commission on legislation, 
        policies, administration, research, and and \3\ other 
        matters, provided that the Commission issues 
        regulations setting forth the scope, procedure, and 
        limitations of the authority of each such board;
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    \3\ So in original.
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            b. establish by rule, regulation, or order, such 
        standards and instructions to govern the possession and 
        use of special nuclear material, source material, and 
        byproduct material as the Commission may deem necessary 
        or desirable to promote the common defense and security 
        or to protect health or to minimize danger to life or 
        property; in addition, the Commission shall prescribe 
        such regulations or orders as may be necessary or 
        desirable to promote the Nation's common defense and 
        security with regard to control, ownership, or 
        possession of any equipment or device, or important 
        component part especially designed for such equipment 
        or device, capable of separating the isotopes of 
        uranium or enriching uranium in the isotope 235;
            c. make such studies and investigations, obtain 
        such information, and hold such meetings or hearings as 
        the Commission may deem necessary or proper assist it 
        in exercising any authority provided in this Act, or in 
        the administration or enforcement of this Act, or any 
        regulations or orders issued thereunder. For such 
        purposes the Commission is authorized to administer 
        oaths and affirmations, and by subpena to require any 
        person to appear and testify, or to appear and produce 
        documents, or both, at any designated place. Witnesses 
        subpenaed under this subsection shall be paid the same 
        fees and mileage as are paid witnesses in the district 
        courts of the United States;
            d. appoint and fix the compensation of such 
        officers and employees as may be necessary to carry out 
        the functions of the Commission. Such officers and 
        employees shall be appointed in accordance with the 
        civil-service laws and their compensation fixed in 
        accordance with the Classification Act of 1949,\1\ as 
        amended, except that, to the extent the Commission 
        deems such action necessary to the discharge of its 
        responsibilities, personnel may be employed and their 
        compensation fixed without regard to such laws: 
        Provided, however, That no officer or employee (except 
        such officers and employees whose compensation is fixed 
        by law, and scientific and technical personnel up to a 
        limit of the highest rate of grade 18 of the General 
        Schedule of the Classification Act of 1949,\1\ as 
        amended) whose position would be subject to the 
        Classification Act of 1949,\1\ as amended, if such Act 
        were applicable to such position, shall be paid a 
        salary at a rate in excess of the rate payable under 
        such Act for positions of equivalent difficulty or 
        responsibility. Such rates of compensation may be 
        adopted by the Commission as may be authorized by the 
        Classification Act of 1949,\1\ as amended, as of the 
        same date such rates are authorized for positions 
        subject to such Act. The Commission shall make adequate 
        provision for administrative review of any 
        determination to dismiss any employee;
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    \1\ The Classification Act of 1949 has been codified as chapter 51, 
and subchapter III of chapter 53, of title 5, United States Code.
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            e. acquire such material, property, equipment, and 
        facilities, establish or construct such buildings and 
        facilities, and modify such buildings and facilities 
        from time to time, as it may deem necessary, and 
        construct, acquire, provide, or arrange for such 
        facilities and services (at project sites where such 
        facilities and services are not available) for the 
        housing, health, safety, welfare, and recreation of 
        personnel employed by the Commission as it may deem 
        necessary, subject to the provisions of section 174: 
        Provided, however, That in the communities owned by the 
        Commission, the Commission is authorized to grant 
        privileges, leases, and permits upon adjusted terms 
        which (at the time of the initial grant of any 
        privilege grant, lease, or permit, or renewal thereof, 
        or in order to avoid inequities or undue hardship prior 
        to the sale by the United States of property affected 
        by such grant) are fair and reasonable to responsible 
        persons to operate commercial businesses without 
        advertising and without advertising \2\ and without 
        securing competitive bids, but taking into 
        consideration, in addition to the price, and among 
        other things (1) the quality and type of services 
        required by the residents of the community, (2) the 
        experience of each concession applicant in the 
        community and its surrounding area, (3) the ability of 
        the concession applicant to meet the needs of the 
        community, and (4) the contribution the concession 
        applicant has made or will make to the other activities 
        and general welfare of the community;
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    \2\ So in original. The phrase ``and without advertising'' probably 
should be deleted.
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            f. with the consent of the agency concerned, 
        utilize or employ the services or personnel of any 
        Government agency or any State or local government, or 
        voluntary or uncompensated personnel, to perform such 
        functions on its behalf as may appear desirable;
            g. acquire, purchase, lease, and hold real and 
        personal property, including patents, as agent of and 
        on behalf of the United States, subject to the 
        provisions of section 174, and to sell, lease, grant, 
        and dispose of such real and personal property as 
        provided in this Act;
            h. consider in a single application one or more of 
        the activities for which a license is required by this 
        Act, combine in a single license one or more of such 
        activities, and permit the applicant or licensee to 
        incorporate by reference pertinent information already 
        filed with the Commission;
            i. prescribe such regulations or orders as it may 
        deem necessary (1) to protect Restricted Data received 
        by any person in connection with any activity 
        authorized pursuant to this Act, (2) to guard against 
        the loss or diversion of any special nuclear material 
        acquired by any person pursuant to section 53 or 
        produced by any person in connection with any activity 
        authorized pursuant to this Act, to prevent any use or 
        disposition thereof which the Commission may determine 
        to be inimical to the common defense and security, 
        including regulations or orders designating activities, 
        involving quantities of special nuclear material which 
        in the opinion of the Commission are important to the 
        common defense and security, that may be conducted only 
        by persons whose character, associations, and loyalty 
        shall have been investigated under standards and 
        specifications established by the Commission and as to 
        whom the Commission shall have determined that 
        permitting each such person to conduct the activity 
        will not be inimical to the common defense and 
        security, and (3) to govern any activity authorized 
        pursuant to this Act, including standards and 
        restrictions governing the design, location, and 
        operation of facilities used in the conduct of such 
        activity, in order to protect health and to minimize 
        danger to life or property;
            j. without regard to the provisions of the Federal 
        Property and Administrative Services Act of 1949, as 
        amended, except section 207 of that Act, or any other 
        law, make such disposition as it may deem desirable of 
        (1) radioactive materials, and (2) any other property, 
        the special disposition of which is, in the opinion of 
        the Commission, in the interest of the national 
        security: Provided, however, That the property 
        furnished to licensees in accordance with the 
        provisions of subsection 161 m. shall not be deemed to 
        be property disposed of by the Commission pursuant to 
        this subsection;
            k. authorize such of its members, officers, and 
        employees as it deems necessary in the interest of the 
        common defense and security to carry firearms while in 
        the discharge of their official duties. The Commission 
        may also authorize such of those employees of its 
        contractors and subcontractors (at any tier) engaged in 
        the protection of property under the jurisdiction of 
        the United States and located at facilities owned by or 
        contracted to the United States or being transported to 
        or from such facilities as it deems necessary in the 
        interests of the common defense and security to carry 
        firearms while in the discharge of their official 
        duties. A person authorized to carry firearms under 
        this subsection may, while in the performance of, and 
        in connection with, official duties, make arrests 
        without warrant for any offense against the United 
        States committed in that person's presence or for any 
        felony cognizable under the laws of the United States 
        if that person has reasonable grounds to believe that 
        the individual to be arrested has committed or is 
        committing such felony. An employee of a contractor or 
        subcontractor authorized to carry firearms under this 
        subsection may make such arrests only when the 
        individual to be arrested is within, or in direct 
        flight from, the area of such offense. A person granted 
        authority to make arrests by this subsection may 
        exercise that authority only in the enforcement of (1) 
        laws regarding the property of the United States in the 
        custody of the Department of Energy, the Nuclear 
        Regulatory Commission, or a contractor of the 
        Department of Energy or Nuclear Regulatory Commission, 
        or (2) any provision of this Act that may subject an 
        offender to a fine, imprisonment, or both. The arrest 
        authority conferred by this subsection is in addition 
        to any arrest authority under other laws. The 
        Secretary, with the approval of the Attorney General, 
        shall issue guidelines to implement this subsection;
            [l. Repealed by Pub. L. 87-456, Sec. 303(c), 76 
        Stat. 78, May 24, 1962.]
            m. enter into agreements with persons licensed 
        under Section 103, 104, 53 a. (4), or 63 a. (4) for 
        such periods of time as the Commission may deem 
        necessary or desirable (1) to provide for the 
        processing, fabricating, separating, or refining in 
        facilities owned by the Commission of source, 
        byproduct, or other material or special nuclear 
        material owned by or made available to such licensees 
        and which is utilized or produced in the conduct of the 
        licensed activity, and (2) to sell, lease, or otherwise 
        make available to such licensees such quantities of 
        source or byproduct material, and other material not 
        defined as special nuclear material pursuant to this 
        Act, as may be necessary for the conduct of the 
        licensed activity: Provided, however, That any such 
        agreement may be canceled by the licensee at any time 
        upon payment of such reasonable cancellation charges as 
        may be agreed upon by the licensee and the Commission: 
        And provided further, That the Commission shall 
        establish prices to be paid by licensees for material 
        or services to be furnished by the Commission pursuant 
        to this subsection, which prices shall be established 
        on such a nondiscriminatory basis as, in the opinion of 
        the Commission, will provide reasonable compensation to 
        the Government for such material or services and will 
        not discourage the development of sources of supply 
        independent of the Commission;
            n. delegate to the General Manager or other 
        officers of the Commission any of those functions 
        assigned to it under this Act except those specified in 
        sections 51, 57 b., 61, 108, 123, 145 b. (with respect 
        to the determination of those persons to whom the 
        Commission may reveal Restricted Data in the national 
        interest), 145 f., and 161 a.;
            o. require by rule, regulation, or order, such 
        reports, and the keeping of such records with respect 
        to, and to provide for such inspections of, activities 
        and studies of types specified in section 31 and of 
        activities under licenses issued pursuant to sections 
        53, 63, 81, 103, and 104, as may be necessary to 
        effectuate the purposes of this Act, including section 
        105; and
            p. make, promulgate, issue, rescind, and amend such 
        rules and regulations as may be necessary to carry out 
        the purposes of this Act.
            q. The Commission is authorized and empowered, 
        under such terms and conditions as are deemed advisable 
        by it, to grant easements for rights-of-way over, 
        across, in, an upon acquired lands under its 
        jurisdiction and control, and public lands permanently 
        withdrawn or reserved for the use of the Commission, to 
        any State, political subdivision thereof, or 
        municipality, or to any individual, partnership, or 
        corporation of any State, Territory, or possession of 
        the United States, for (a) railroad tracks; (b) oil 
        pipe lines; (c) substations for electric power 
        transmission lines, telephone lines, and telegraph 
        lines, and pumping stations for gas, water, sewer, and 
        oil pipe lines; (d) canals; (e) ditches; (f) flumes; 
        (g) tunnels; (h) dams and reservoirs in connection with 
        fish and wildlife programs, fish hatcheries, and other 
        fish-cultural improvements; (i) roads and streets; and 
        (j) for any other purpose or purposes deemed advisable 
        by the Commission: Provided, That such rights-of-way 
        shall be granted only upon a finding by the Commission 
        that the same will not be incompatible with the public 
        interest: Provided further, That such rights-of-way 
        shall not include any more land than is reasonably 
        necessary for the purpose for which granted: And 
        provided further, That all or any part of such rights-
        of-way may be annulled and forfeited by the Commission 
        for failure to comply with the terms and conditions of 
        any grant hereunder or for nonuse for a period of two 
        consecutive years or abandonment of rights granted 
        under authority hereof. Copies of all instruments 
        granting easements over public lands pursuant to this 
        section shall be furnished to the Secretary of the 
        Interior.
            r. Under such regulations and for such periods and 
        at such prices the Commission may prescribe, the 
        Commission may sell or contract to sell to purchasers 
        within Commission-owned communities or in the immediate 
        vicinity of the Commission community, as the case may 
        be, any of the following utilities and related 
        services, if it is determined that they are not 
        available from another local source and that the sale 
        is in the interest of the national defense or in the 
        public interest:
                    (1) Electric power.
                    (2) Steam.
                    (3) Compressed air.
                    (4) Water.
                    (5) Sewage and garbage disposal.
                    (6) Natural, manufactured, or mixed gas.
                    (7) Ice.
                    (8) Mechanical refrigeration.
                    (9) Telephone service.
            Proceeds of sales under this subsection shall be 
        credited to the appropriation currently available for 
        the supply of that utility or service. To meet local 
        needs the commission may make minor expansions and 
        extensions of any distributing system or facility 
        within or in the immediate vicinity of a Commission-
        owned community through which a utility or service is 
        furnished under this subsection.
            s. establish a plan for a succession of authority 
        which will assure the continuity of direction of the 
        Commission's operations in the event of a national 
        disaster due to enemy activity. Notwithstanding any 
        other provision of this Act, the person or persons 
        succeeding to command in the event of disaster in 
        accordance with the plan established pursuant to this 
        subsection shall be vested with all of the authority of 
        the Commission: Provided, That any such succession to 
        authority, and vesting of authority shall be effective 
        only in the event and as long as a quorum of three or 
        more members of the Commission is unable to convene and 
        exercise direction during the disaster period: Provided 
        further, That the disaster period includes the period 
        when attack on the United States is imminent and the 
        post-attack period necessary to reestablish normal 
        lines of command;
            t. enter into contracts for the processing, 
        fabricating, separating, or refining in facilities 
        owned by the Commission of source, byproduct or other 
        material, or special nuclear material, in accordance 
        with and within the period of an agreement for 
        cooperation while comparable services are available to 
        persons licensed under section 103 or 104: Provided, 
        That the prices for services under such contracts shall 
        be no less than the prices currently charged by the 
        Commission pursuant to section 161 m.;
            u. (1) enter into contracts for such periods of 
        time as the Commission may deem necessary or desirable, 
        but not to exceed five years from the date of execution 
        of the contract, for the purchase or acquisition of 
        reactor services or services related to or required by 
        the operation of reactors;
            (2)(A) enter into contracts for such periods of 
        time as the Commission may deem necessary or desirable 
        for the purchase or acquisition of any supplies, 
        equipment, materials, or services required by the 
        Commission whenever the Commission determines that: (i) 
        it is advantageous to the Government to make such 
        purchase or acquisition from commercial sources; (ii) 
        the furnishing of such supplies, equipment, materials, 
        or services will require the construction or 
        acquisition of special facilities by the vendors or 
        suppliers thereof; (iii) the amortization chargeable to 
        the Commission constitutes an appreciable portion of 
        the cost of contract performance, excluding cost of 
        materials; and (iv) the contract for such period is 
        more advantageous to the Government than a similar 
        contract not executed under the authority of this 
        subsection. Such contracts shall be entered into for 
        periods not to exceed five years each from the date of 
        initial delivery of such supplies, equipment, 
        materials, or services or ten years from the date of 
        execution of the contracts excluding periods of renewal 
        under option.
            (B) In entering into such contracts the Commission 
        shall be guided by the following principles: (i) the 
        percentage of the total cost of special facilities 
        devoted to contract performance and chargeable to the 
        Commission should not exceed the ratio between the 
        period of contract deliveries and the anticipated 
        useful life of such special facilities; (ii) the 
        desirability of obtaining options to renew the contract 
        for reasonable periods at prices not to include charges 
        for special facilities already amortized; and (iii) the 
        desirability of reserving in the Commission the right 
        to take title to the special facilities under 
        appropriate circumstances; and
            (3) include in contracts made under this subsection 
        provisions which limit the obligation of funds to 
        estimated annual deliveries and services and the 
        unamortized balance of such amounts due for special 
        facilities as the parties shall agree is chargeable to 
        the performance of the contract. Any appropriation 
        available at the time of termination or thereafter made 
        available to the Commission for operating expenses 
        shall be available for payment of such costs which may 
        arise from termination as the contract may provide. The 
        term ``special facilities'' as used in this subsection 
        means any land, any depreciable buildings, structures, 
        utilities, machinery, equipment, and fixtures necessary 
        for the production or furnishing of such supplies, 
        equipment, materials, or services and not available to 
        the vendors or suppliers for the performance of the 
        contract.
            v. provide services in support of the United States 
        Enrichment Corporation \1\, except that the Secretary 
        of Energy shall annually collect payments and other 
        charges from the Corporation sufficient to ensure 
        recovery of the costs (excluding depreciation and 
        imputed interest on original plant investments in the 
        Department's gaseous diffusion plants and costs under 
        section 1403(d)) incurred by the Department of Energy 
        after the date of the enactment of the Energy Policy 
        Act of 1992 \2\ in performing such services;
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    \1\ Pursuant to section 3116(e) of the United States Enrichment 
Corporation Privatization Act, following the privatization date [July 
28, 1998], all references in the Atomic Energy Act of 1954 to the 
United States Enrichment Corporation shall be deemed to be references 
to the private corporation.
    \2\ The date of enactment was Oct. 24, 1992.
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            w. prescribe and collect from any other Government 
        agency, which applies for or is issued a license for a 
        utilization facility designed to produce electrical or 
        heat energy pursuant to section 103 or 104 b., or which 
        operates any facility regulated or certified under 
        section 1701 or 1702, any fee, charge, or price which 
        it may require, in accordance with the provisions of 
        section 483a of title 31 of the United States Code \3\ 
        or any other law, of applicants for, or holders of, 
        such licenses or certificates.
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    \3\ Prior section 483a of title 31, United States Code, has been 
codified as section 9701 of such title.
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            x. Establish by rule, regulation, or order, after 
        public notice, and in accordance with the requirements 
        of section 181 of this Act, such standards and 
        instructions as the Commission may deem necessary or 
        desirable to ensure--
                    (1) that an adequate bond, surety, or other 
                final arrangement (as determined by the 
                Commission) will be provided, before 
                termination of any license for byproduct 
                material as defined in section 11 e. (2), by a 
                licensee to permit the completion of all 
                requirements established by the Commission for 
                the decontamination, decommissioning, and 
                reclamation of sites, structures, and equipment 
                used in conjunction with byproduct material as 
                so defined, and
                    (2) that--
                            (A) in the case of any such license 
                        issued or renewed after the date of the 
                        enactment of this subsection, \1\ the 
                        need for long-term maintenance and 
                        monitoring of such sites, structures 
                        and equipment of termination of such 
                        license will be minimized, and, to the 
                        maximum extent practicable, eliminated; 
                        and
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    \1\ The date of enactment was Nov. 8, 1978.
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                            (B) in the case of each license for 
                        such material (whether in effect on the 
                        date of the enactment of this section 
                        \1\ or issued or renewed thereafter), 
                        if the Commission determines that any 
                        such long-term maintenance and 
                        monitoring is necessary, the licensee, 
                        before termination of any license for 
                        byproduct material is defined in 
                        section 11 e. (2), will make available 
                        such bonding, surety, or other 
                        financial arrangements as may be 
                        necessary to assure such long-term 
                        maintenance and monitoring.
Such standards and instructions promulgated by the Commission 
pursuant to this subsection shall take into account, as 
determined by the Commission, so as to avoid unnecessary 
duplication and expense, performance bonds or other financial 
arrangements which are required by other Federal agencies or 
State agencies and/or other local governing bodies for such 
decommissioning, decontamination, and reclamation and long-term 
maintenance and monitoring except that nothing in this 
paragraph shall be construed to require that the Commission 
accept such bonds or arrangements if the commission determines 
that such bonds or arrangements are not adequate to carry out 
subparagraphs (1) and (2) of this subsection.

           *       *       *       *       *       *       *

    Sec. 170. Indemnification and Limitation of Liability.-- 
\1\
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    \1\ This section is commonly referred to as the Price-Anderson Act.
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    a. Requirement of Financial Protection for Licensees.--Each 
license issued under section 103 or 104 and each construction 
permit issued under section 185 shall, and each license issued 
under section 53, 63, or 81 may, for the public purposes cited 
in section 2 i. have as a condition of the license a 
requirement that the licensee have and maintain financial 
protection of such type and in such amounts as the Nuclear 
Regulatory Commission (in this section referred to as the 
``Commission'') in the exercise of its licensing and regulatory 
authority and responsibility shall require in accordance with 
subsection b. to cover public liability claims. Whenever such 
financial protection is required it may be a further condition 
of the license that the licensee execute and maintain an 
indemnification agreement in accordance with subsection c. The 
Commission may require, as a further condition of issuing a 
license, that an applicant waive any immunity from public 
liability conferred by Federal or State law.
    b. Amount and Type of Financial Protection for Licensees.--
(1) The amount of primary financial protection required shall 
be the amount of liability insurance available from private 
sources, except that the Commission may establish a lesser 
amount on the basis of criteria set forth in writing, which it 
may revise from time to time, taking into consideration such 
factors as the following: (A) the cost and terms of private 
insurance, (B) the type, size, and location of the licensed 
activity and other factors pertaining to the hazard, and (C) 
the nature and purpose of the licensed activity: Provided, That 
for facilities designed for producing substantial amounts of 
electricity and having a rated capacity of 100,000 electrical 
kilowatts or more, the amount of primary financial protection 
required shall be the maximum amount available at reasonable 
cost and on reasonable terms from private sources (excluding 
the amount of private liability insurance available under the 
industry retrospective rating plan required in this 
subsection). Such primary financial protection may include 
private insurance, private contractual indemnities, self-
insurance, other proof of financial responsibility, or a 
combination of such measures and shall be subject to such terms 
and conditions as the Commission may, by rule, regulation, or 
order, prescribe. The Commission shall require licensees that 
are required to have and maintain primary financial protection 
equal to the maximum amount of liability insurance available 
from private sources to maintain, in addition to such primary 
financial protection, private liability insurance available 
under an industry retrospective rating plan providing for 
premium charges deferred in whole or major part until public 
liability from a nuclear incident exceeds or appears likely to 
exceed the level of the primary financial protection required 
of the licensee involved in the nuclear incident: Provided, 
That such insurance is available to, and required of, all of 
the licensees of such facilities without regard to the manner 
in which they obtain other types or amounts of such primary 
financial protection: And provided further: That the maximum 
amount of the standard deferred premium that may be charged a 
licensee following any nuclear incident under such a plan shall 
not be more than [$63,000,000] $94,000,000 (subject to 
adjustment for inflation under subsection t.), but not more 
than [$10,000,000 in any 1 year] $15,000,000 in any 1 year 
(subject to adjustment for inflation under subsection t.), for 
each facility for which such licensee is required to maintain 
the maximum amount of primary financial protection: And 
provided further, That the amount which may be charged a 
licensee following any nuclear incident shall not exceed the 
licensee's pro rata share of the aggregate public liability 
claims and costs (excluding legal costs subject to subsection 
o. (1)(D), payment of which has not been authorized under such 
subsection) arising out of the nuclear incident. Payment of any 
State premium taxes which may be applicable to any deferred 
premium provided for in this Act shall be the responsibility of 
the licensee and shall not be included in the retrospective 
premium established by the Commission.
    (2)(A) The Commission may, on a case by case basis, assess 
annual deferred premium amounts less than the standard annual 
deferred premium amount assessed under paragraph (1)--
            (i) for any facility, if more than one nuclear 
        incident occurs in any one calendar year; or
            (ii) for any licensee licensed to operate more than 
        one facility, if the Commission determines that the 
        financial impact of assessing the standard annual 
        deferred premium amount under paragraph (1) would 
        result in undue financial hardship to such licensee or 
        the ratepayers of such licensee.
    (B) In the event that the Commission assesses a lesser 
annual deferred premium amount under subparagraph (A), the 
Commission shall require payment of the difference between the 
standard annual deferred premium assessment under paragraph (1) 
and any such lesser annual deferred premium assessment within a 
reasonable period of time, with interest at a rate determined 
by the Secretary of the Treasury on the basis of the current 
average market yield on outstanding marketable obligations of 
the United States of comparable maturities during the month 
preceding the date that the standard annual deferred premium 
assessment under paragraph (1) would become due.
    (3) The Commission shall establish such requirements as are 
necessary to assure availability of funds to meet any 
assessment of deferred premiums within a reasonable time when 
due, and may provide reinsurance or shall otherwise guarantee 
the payment of such premiums in the event it appears that the 
amount of such premiums will not be available on a timely basis 
through the resources of private industry and insurance. Any 
agreement by the Commission with a licensee or indemnitor to 
guarantee the payment of deferred premiums may contain such 
terms as the Commission deems appropriate to carry out the 
purposes of this section and to assure reimbursement to the 
Commission for its payments made due to the failure of such 
licensee or indemnitor to meet any of its obligations arising 
under or in connection with financial protection required under 
this subsection including without limitation terms creating 
liens upon the licensed facility and the revenues derived 
therefrom or any other property or revenues of such licensee to 
secure such reimbursement and consent to the automatic 
revocation of any license.
    (4)(A) In the event that the funds available to pay valid 
claims in any year are insufficient as a result of the 
limitation on the amount of deferred premiums that may be 
required of a licensee in any year under paragraph (1) or (2), 
or the Commission is required to make reinsurance or guaranteed 
payments under paragraph (3), the Commission shall, in order to 
advance the necessary funds--
            (i) request the Congress to appropriate sufficient 
        funds to satisfy such payments; or
            (ii) to the extent approved in appropriation Acts, 
        issue to the Secretary of the Treasury obligations in 
        such forms and denominations, bearing such maturities, 
        and subject to such terms and conditions as may be 
        agreed to by the Commission and the Secretary of the 
        Treasury.
    (B) Except for funds appropriated for purposes of making 
reinsurance or guaranteed payments under paragraph (3), any 
funds appropriated under subparagraph (a)(i) shall be repaid to 
the general fund of the United States Treasury from amounts 
made available by standard deferred premium assessments, with 
interest at a rate determined by the Secretary of the Treasury 
on the basis of the current average market yield on outstanding 
marketable obligations of the United States of comparable 
maturities during the month preceding the date that the funds 
appropriated under such subparagraph are made available.
    (C) Except for funds appropriated for purposes of making 
reinsurance or guaranteed payments under paragraph (3), 
redemption of obligations issued under subparagraph (A)(ii) 
shall be made by the Commission from amounts made available by 
standard deferred premium assessments. Such obligations shall 
bear interest at a rate determined by the Secretary of the 
Treasury by taking into consideration the average market yield 
on outstanding marketable obligations to the United States of 
comparable maturities during the months preceding the issuance 
of the obligations under this paragraph. The Secretary of the 
Treasury shall purchase any issued obligations, and for such 
purpose the Secretary of the Treasury may use as a public debt 
transaction the proceeds from the sale of any securities issued 
under chapter 31 of title 31, United States Code, and the 
purposes for which securities may be issued under such chapter 
are extended to include any purchase of such obligations. The 
Secretary of the Treasury may at any time sell any of the 
obligations acquired by the Secretary of the Treasury under 
this paragraph. All redemptions, purchases, and sales by the 
Secretary of the Treasury of obligations under this paragraph 
shall be treated as public debt transactions of the United 
States.
    c. Indemnification of [Licenses] Licencees by Nuclear 
Regulatory Commission.--The Commission shall, with respect to 
licenses issued between August 30, 1954, and August 1, 2002, 
for which it requires financial protection of less than 
$560,000,000, agree to indemnify and hold harmless the licensee 
and other persons indemnified, as their interest may appear, 
from public liability arising from nuclear incidents which is 
in excess of the level of financial protection required of the 
licensee. The aggregate indemnity for all persons indemnified 
in connection with each nuclear incident shall not exceed 
$500,000,000, excluding costs of investigating and settling 
claims and defending suits for damage: Provided, however, That 
this amount of indemnity shall be reduced by the amount that 
the financial protection required shall exceed $60,000,000. 
Such a contract of indemnification shall cover public liability 
arising out of or in connection with the licensed activity. 
With respect to any production or utilization facility for 
which a construction permit is issued between August 30, 1954, 
and August 1, 2002, the requirements of this subsection shall 
apply to any license issued for such facility subsequent to 
[August 1, 2002] August 1, 2012.
    d. Indemnification of Contractors by Department of 
Energy.--(1)(A) In addition to any other authority the 
Secretary of Energy (in this section referred to as the 
``Secretary'') may have, the Secretary shall, until August 1, 
2002, enter into agreements of indemnification under this 
subsection with any person who may conduct activities under a 
contract with the Department of Energy that involve the risk of 
public liability and that are not subject to financial 
protection requirements under subsection b. or agreements of 
indemnification under subsection c. or k.
    (B)(i)(I) Beginning 60 days after the date of enactment of 
the Price-Anderson Amendments Act of 1988, \2\ agreements of 
indemnification under subparagraph (A) shall be the exclusive 
means of indemnification for public liability arising from 
activities described in such subparagraph, including activities 
conducted under a contract that contains an indemnification 
clause under Public Law 85-804 entered into between August 1, 
1987, and the date of enactment of the Price-Anderson 
Amendments Act of 1988. \2\
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    \2\ The date of enactment was Aug. 20, 1988.
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    (II) The Secretary may incorporate in agreements of 
indemnification under subparagraph (A) the provisions relating 
to the waiver of any issue or defense as to charitable or 
governmental immunity authorized in subsection n. (1) to be 
incorporated in agreements of indemnification. Any such 
provisions incorporated under this subclause shall apply to any 
nuclear incident arising out of nuclear waste activities 
subject to an agreement of indemnification under subparagraph 
(A).
    (ii) Public liability arising out of nuclear waste 
activities subject to an agreement of indemnification under 
subparagraph (A) that are funded by the Nuclear Waste Fund 
established in section 302 of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10222) shall be compensated from the Nuclear 
Waste Fund in an amount not to exceed the maximum amount of 
financial protection required of licensees under subsection b.
    (2) In agreements of indemnification entered into under 
paragraph (1), the Secretary may require the contractor to 
provide and maintain 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 shall indemnify the persons 
indemnified against such claims above the amount of the 
financial protection required, to the full extent of the 
aggregate public liability of the persons indemnified for each 
nuclear incident, including such legal costs of the contractor 
as are approved by the Secretary.
    (3)(A) Notwithstanding paragraph (2), if the maximum amount 
of financial protection required of the contractor, shall at 
all times remain equal to or greater than the maximum amount of 
financial protection required of licensees under subsection b.
    (B) The amount of indemnity provided contractors under this 
subsection shall not, at any time, be reduced in the event that 
the maximum amount of financial protection required of 
licensees is reduced.
    (C) 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 the enactment of the Price-Anderson 
Amendments Act of 1988, \1\ to reflect the amount of indemnity 
for public liability and any applicable financial protection 
required of the contractor under this subsection on such date.
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    \1\ The date of enactment was Aug. 20, 1988.
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    (4) Financial protection under paragraph (2) and 
indemnification under paragraph (1) shall be the exclusive 
means of financial protection and indemnification under this 
section for any Department of Energy demonstration reactor 
licensed by the Commission under section 202 of the energy 
Reorganization Act of 1974 (42 U.S.C. 5842).
    (5) In the case of nuclear incidents occurring outside the 
United States, the amount of the indemnity provided by the 
Secretary under this subsection shall not exceed $100,000,000.
    (6) The provisions of this subsection may be applicable to 
lump sum as well as cost type contracts and to contracts and 
projects financed in whole or in part by the Secretary.
    (7) A contractor with whom an agreement of indemnification 
has been executed under paragraph (1)(A) and who is engaged in 
activities connected with the underground detonation of a 
nuclear explosive device shall be liable, to the extent so 
indemnified under this subsection, for injuries or damage 
sustained as a result of such detonation in the same manner and 
to the same extent as would a private person acting as 
principal, and no immunity or defense founded in the Federal, 
State, or municipal character of the contractor or of the work 
to be performed under the contract shall be effective to bar 
such liability.
    e. Limitation on Aggregate Public Liability.--(1) The 
aggregate public liability for a single nuclear incident of 
persons indemnified, including such legal costs as are 
authorized to be paid under subsection o. (1)(D), shall not 
exceed--
            (A) in the case of facilities designed for 
        producing substantial amounts of electricity and having 
        a rated capacity of 100,000 electrical kilowatts or 
        more, the maximum amount of financial protection 
        required of such facilities under subsection b. (plus 
        any surcharge assessed under subsection o. (1)(E));
            (B) in the case of contractors with whom the 
        Secretary has entered into an agreement of 
        indemnification under subsection d., the maximum amount 
        of financial protection required under subsection b. or 
        the amount of indemnity and financial protection that 
        may be required under paragraph (3) of subsection d., 
        whichever amount is more; and
            (C) in the case of all licensees of the Commission 
        required to maintain financial protection under this 
        section--
                    (i) $500,000,000, together with the amount 
                of financial protection required of the 
                licensee; or
                    (ii) if the amount of financial protection 
                required of the licensee exceeds $60,000,000, 
                $560,000,000 or the amount of financial 
                protection required of the licensee, whichever 
                amount is more.
    (2) In the event of a nuclear incident involving damages in 
excess of the amount of aggregate public liability under 
paragraph (1), the Congress will thoroughly review the 
particular incident in accordance with the procedures set forth 
in section 170 i. and will in accordance with such procedures, 
take whatever action is determined to be necessary (including 
approval of appropriate compensation plans and appropriation of 
funds) to provide full and prompt compensation to the public 
for all public liability claims resulting from a disaster of 
such magnitude.
    (3) No provision of paragraph (1) may be construed to 
preclude the Congress from enacting a revenue measure, 
applicable to licensees of the Commission required to maintain 
financial protection pursuant to section b., to fund any action 
undertaken pursuant to paragraph (2).
    (4) With respect to any nuclear incident occurring outside 
of the United States to which an agreement of indemnification 
entered into under the provisions of subsection d. is 
applicable, such aggregate public liability shall not exceed 
the amount of $100,000,000, together with the amount of 
financial protection required of the contractor.
    f. Collection of Fees by Nuclear Regulatory Commission.--
The Commission or the Secretary, as appropriate, is authorized 
to collect a fee from all persons with whom an indemnification 
agreement is executed under this section. This fee shall be $30 
per year per thousand kilowatts of thermal energy capacity for 
facilities licensed under section 103: Provided, That the 
Commission or the Secretary, as appropriate, is authorized to 
reduce the fee for such facilities in reasonable relation to 
increases in financial protection required above a level of 
$60,000,000. For facilities licensed under section 104, and for 
construction permits under section 185, the Commission is 
authorized to reduce the fee set forth above. The Commission 
shall establish criteria in writing for determination of the 
fee for facilities licensed under section 104, taking into 
consideration such factors as (1) the type, size, and location 
of facility involved, and other factors pertaining to the 
hazard, and (2) the nature and purpose of the facility. For 
other licenses, the Commission shall collect such nominal fees 
as it deems appropriate. No fee under this subsection shall be 
less than $100 per year.
    g. Use of Services of Private Insurers.--In administering 
the provisions of this section, the Commission or the 
Secretary, as appropriate, shall use, to the maximum extent 
practicable, the facilities and services of private insurance 
organizations, and the Commission or the Secretary, as 
appropriate, may contract to pay a reasonable compensation for 
such services. Any contract made under the provisions of this 
subsection may be made without regard to the provisions of 
section 3709 of the Revised Statutes (41 U.S.C. 5), as amended, 
upon a showing by the Commission or the Secretary, as 
appropriate, that advertising is not reasonably practicable and 
advance payments may be made.
    h. Conditions of Agreements of Indemnification.--The 
agreement of indemnification may contain such terms as the 
Commission or the Secretary, as appropriate, deems appropriate 
to carry out the purposes of this section. Such agreement shall 
provide that, when the Commission or the Secretary, as 
appropriate, makes a determination that the United States will 
probably be required to make indemnity payments under this 
section, the Commission or the Secretary, as appropriate, shall 
collaborate with any person indemnified and may approve the 
payment of any claim under the agreement of indemnification, 
appear through the Attorney General on behalf of the person 
indemnified, take charge of such action, and settle or defend 
any such action. The Commission or the Secretary, as 
appropriate, shall have final authority on behalf of the United 
States to settle or approve the settlement of any such claim on 
a fair and reasonable basis with due regard for the purposes of 
this Act. Such settlement shall not include expenses in 
connection with the claim incurred by the person indemnified.
    i. Compensation Plans.--(1) After any nuclear incident 
involving damages that are likely to exceed the applicable 
amount of aggregate public liability under subparagraph (A), 
(B), or (C) of subsection e. (1), the Secretary or the 
Commisison \1\, as appropriate, shall--
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    \1\ So in original. Probably should be ``Commission''.
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            (A) make a survey of the causes and extent of 
        damage; and
            (B) expeditiously submit a report setting forth the 
        results of such survey to the Congress, to the 
        Representatives of the affected districts, to the 
        Senators of the affected States, and (except for 
        information that will cause serious damage to the 
        national defense of the United States) to the public, 
        to the parties involved, and to the courts.
    (2) Not later than 90 days after any determination by a 
court, pursuant to subsection o., that the public liability 
from a single nuclear incident may exceed the applicable amount 
of aggregate public liability under subparagraph (A), (B), or 
(C) of subsection e. (1) the President shall submit to the 
Congress--
            (A) an estimate of the aggregate dollar value of 
        personal injuries and property damage that arises from 
        the nuclear incident and exceeds the amount of 
        aggregate public liability under subsection e. (1);
            (B) recommendations for additional sources of funds 
        to pay claims exceeding the applicable amount of 
        aggregate public liability under subparagraph (A), (B), 
        or (C) of subsection e. (1), which recommendations 
        shall consider a broad range of possible sources of 
        funds (including possible revenue measures on the 
        sector of the economy, or on any other class, to which 
        such revenue measures might be applied);
            (C) 1 or more compensation plans, that either 
        individually or collectively shall provide for full and 
        prompt compensation for all valid claims and contain a 
        recommendation or recommendations as to the relief to 
        be provided, including any recommendations that funds 
        be allocated or set aside for the payment of claims 
        that may arise as a result of latent injuries that may 
        not be discovered until a later date; and
            (D) any additional legislative authorities 
        necessary to implement such compensation plan or plans.
    (3)(A) Any compensation plan transmitted to the Congress 
pursuant to paragraph (2) shall bear an identification number 
and shall be transmitted to both Houses of Congress on the same 
day and to each House while it is in session.
    (B) The provisions of paragraphs (4) through (6) shall 
apply with respect to consideration in the Senate of any 
compensation plan transmitted to the Senate pursuant to 
paragraph (2).
    (4) No such compensation plan may be considered approved 
for purposes of subsection 170 e. (2) unless between the date 
of transmittal and the end of the first period of sixty 
calendar days of continuous session of Congress after the date 
on which such action is transmitted to the Senate, the Senate 
passes a resolution described in paragraph 6 \1\ of this 
subsection.
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    \1\ So in original. Probably should be ``(6)''.
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    (5) For the purpose of paragraph (4) of this subsection--
            (A) continuity of session is broken only by an 
        adjournment of Congress sine die; and
            (B) the days on which either House is not in 
        session because of an adjournment of more than three 
        days to a day certain are excluded in the computation 
        of the sixty-day calendar period.
    (6)(A) This paragraph is enacted--
            (i) as an exercise of the rulemaking power of the 
        Senate and as such it is deemed a part of the rules of 
        the Senate, but applicable only with respect to the 
        procedure to be followed in the Senate in the case of 
        resolutions described by subparagraph (B) and it 
        supersedes other rules only to the extent that it is 
        inconsistent therewith; and
            (ii) with full recognition of the constitutional 
        right of the Senate to change the rules at any time, in 
        the same manner and to the same extent as in the case 
        of any other rule of the Senate.
    (B) For purposes of this paragraph, the term ``resolution'' 
means only a joint resolution of the Congress the matter after 
the resolving clause of which is as follows: ``That the        
approves the compensation plan numbered         submitted to 
the Congress on         , 19  .'', the first blank space 
therein being filled with the name of the resolving House and 
the other blank spaces being appropriately filled; but does not 
include a resolution which specifies more than one compensation 
plan.
    (C) A resolution once introduced with respect to a 
compensation plan shall immediately be referred to a committee 
(and all resolutions with respect to the same compensation plan 
shall be referred to the same committee) by the President of 
the Senate.
    (D)(i) If the committee of the Senate to which a resolution 
with respect to a compensation plan has been referred has not 
reported it at the end of twenty calendar days after its 
referral, it shall be in order to move either to discharge the 
committee from further consideration of such resolution or to 
discharge the committee from further consideration with respect 
to such compensation plan which has been referred to the 
committee.
    (ii) A motion to discharge may be made only by an 
individual favoring the resolution, shall be highly privileged 
(except that it may not be made after the committee has 
reported a resolution with respect to the same compensation 
plan), and debate thereon shall be limited to not more than one 
hour, to be divided equally between those favoring and those 
opposing the resolution. An amendment to the motion shall not 
be in order, and it shall not be in order to move to reconsider 
the vote by which the motion was agreed to or disagreed to.
    (iii) If the motion to discharge is agreed to or disagreed 
to, the motion may not be renewed, nor may another motion to 
discharge the committee be made with respect to any other 
resolution with respect to the same compensation plan.
    (E)(i) When the committee has reported, or has been 
discharged from further consideration of, a resolution, it 
shall be at any time thereafter in order (even though a 
previous motion to the same effect has been disagreed to) to 
move to proceed to the consideration of the resolution. The 
motion shall be highly privileged and shall not be debatable. 
An amendment to the motion shall not be in order, and it shall 
not be in order to move to reconsider the vote by which the 
motion was agreed to or disagreed to.
    (ii) Debate on the resolution referred to in clause (i) of 
this subparagraph shall be limited to not more than ten hours, 
which shall be divided equally between those favoring and those 
opposing such resolution. A motion further to limit debate 
shall not be debatable. An amendment to, or motion to recommit, 
the resolution shall not be in order, and it shall not be in 
order to move to reconsider the vote by which such resolution 
was agreed to or disagreed to.
    (F)(i) Motions to postpone, made with respect to the 
discharge from committee, or the consideration of a resolution 
or motions to proceed to the consideration of other business, 
shall be decided without debate.
    (ii) Appeals from the decision of the Chair relating to the 
application of the rules of the Senate to the procedures 
relating to a resolution shall be decided without debate.
    j. Contracts in Advance of Appropriations.--In 
administering the provisions of this section, the Commission or 
the Secretary, as appropriate, may make contracts in advance of 
appropriations and incur obligations without regard to sections 
1341, 1342, 1349, 1350, and 1351, and subchapter II of chapter 
15, of title 31, United States Code.
    k. Exemption From Financial Protection Requirement for 
Nonprofit Educational Institutions.--With respect to any 
license issued pursuant to section 53, 63, 81, 104 a., or 104 
c. for the conduct of educational activities to a person found 
by the Commission to be a nonprofit educational institution, 
the Commission shall exempt such licensee from the financial 
protection requirement of subsection a. With respect to 
licenses issued between August 30, 1954, and August 1, 2002, 
for which the Commission grants such exemption:
            (1) the Commission shall agree to indemnify and 
        hold harmless the licensee and other persons 
        indemnified, as their interests may appear, from public 
        liability in excess of $250,000 arising from nuclear 
        incidents. The aggregate indemnity for all persons 
        indemnified in connection with each nuclear incident 
        shall not exceed $500,000,000, including such legal 
        costs of the licensee as are approved by the 
        Commission;
            (2) such contracts of indemnification shall cover 
        public liability arising out of or in connection with 
        the licensed activity; and shall include damage to 
        property of persons indemnified, except property which 
        is located at the site of and used in connection with 
        the activity where the nuclear incident occurs; and
            (3) such contracts of indemnification, when entered 
        into with a licensee having immunity from public 
        liability because it is a State agency, shall provide 
        also that the Commission shall make payments under the 
        contract on account of activities of the licensee in 
        the same manner and to the same extent as the 
        Commission would be required to do if the licensee were 
        not such a State agency.
Any licensee may waive an exemption to which it is entitled 
under this subsection. With respect to any production or 
utilization facility for which a construction permit is issued 
between August 30, 1954, and August 1, 2002, the requirements 
of this subsection shall apply to any license issued for such 
facility subsequent to August 1, 2002.
    (1) \1\ Presidential Commission on Catastrophic Nuclear 
Accidents.--(1) Not later than 90 days after the date of the 
enactment of the Price-Anderson Amendments Act of 1988, \2\ the 
President shall establish a commission (in this subsection 
referred to as the ``study commission'') in accordance with the 
Federal Advisory Committee Act (5 U.S.C. App.) to study means 
of fully compensating victims of a catastrophic nuclear 
accident that exceeds the amount of aggregate public liability 
under subsection e. (1).
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    \1\ So in original. Probably should be ``l.''.
    \2\ The date of enactment was Aug. 20, 1988.
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    (2)(A) The study commission shall consist of not less than 
7 and not more than 11 members, who--
            (i) shall be appointed by the President; and
            (ii) shall be representative of a broad range of 
        views and interests.
    (B) The members of the study commission shall be appointed 
in a manner that ensures that not more than a mere majority of 
the members are of the same political party.
    (C) Each member of the study commission shall hold office 
until the termination of the study commission, but may be 
removed by the President for inefficiency, neglect of duty, or 
malfeasance in office.
    (D) Any vacancy in the study commission shall be filled in 
the manner in which the original appointment was made.
    (E) The President shall designate one of the members of the 
study commission as chairperson, to serve at the pleasure of 
the President.
    (3) The study commission shall conduct a comprehensive 
study of appropriate means of fully compensating victims of a 
catastrophic nuclear accident that exceeds the amount of 
aggregate public liability under subsection e. (1), and shall 
submit to the Congress a final report setting forth--
            (A) recommendations for any changes in the laws and 
        rules governing the liability or civil procedures that 
        are necessary for the equitable, prompt, and efficient 
        resolution and payment of all valid damage claims, 
        including the advisability of adjudicating public 
        liability claims through an administrative agency 
        instead of the judicial system;
            (B) recommendations for any standards or procedures 
        that are necessary to establish priorities for the 
        hearing, resolution, and payment of claims when awards 
        are likely to exceed the amount of funds available 
        within a specific time period; and
            (C) recommendations for any special standards or 
        procedures necessary to decide and pay claims for 
        latent injuries caused by the nuclear incident.
    (4)(A) The chairperson of the study commission may appoint 
and fix the compensation of a staff of such persons as may be 
necessary to discharge the responsibilities of the study 
commission, subject to the applicable provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.) and title 5, United 
States Code.
    (B) To the extent permitted by law and requested by the 
chairperson of the study commission, the Administrator of 
General Services shall provide the study commission with 
necessary administrative services, facilities, and support on a 
reimbursable basis.
    (C) The Attorney General, the Secretary of Health and Human 
Services, and the Director of the Federal Emergency Management 
Agency shall, to the extent permitted by law and subject to the 
availability of funds, provide the study commission with such 
facilities, support, funds and services, including staff, as 
may be necessary for the effective performance of the functions 
of the study commission.
    (D) The study commission may request any Executive agency 
to furnish such information, advice, or assistance as it 
determines to be necessary to carry out its functions. Each 
such agency is directed, to the extent permitted by law, to 
furnish such information, advice or assistance upon request by 
the chairperson of the study commission.
    (E) Each member of the study commission may receive 
compensation at the maximum rate prescribed by the Federal 
Advisory Committee Act (5 U.S.C. App.) for each day such member 
is engaged in the work of the study commission. Each member may 
also receive travel expenses, including per diem in lieu of 
subsistence under sections 5702 and 5703 of title 5, United 
States Code.
    (F) The functions of the President under the Federal 
Advisory Committee Act (5 U.S.C. App.) that are applicable to 
the study commission, except the function of reporting annually 
to the Congress, shall be performed by the Administrator of 
General Services.
    (5) The final report required in paragraph (3) shall be 
submitted to the Congress not later than the expiration of the 
2-year period beginning on the date of the enactment of the 
Price-Anderson Amendments Act of 1988. \1\
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    \1\ The date of enactment was Aug. 20, 1988.
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    (6) The study commission shall terminate upon the 
expiration of the 2-month period beginning on the date on which 
the final report required in paragraph (3) is submitted.
    m. Coordinated Procedures for Prompt Settlement of Claims 
and Emergency Assistance.--The Commission or the Secretary, as 
appropriate, is authorized to enter into agreements with other 
indemnitors to establish coordinated procedures for the prompt 
handling, investigation, and settlement of claims for public 
liability. The Commission or the Secretary, as appropriate, and 
other indemnitors may make payments to, or for the aid of, 
claimants for the purpose of providing immediate assistance 
following a nuclear incident. Any funds appropriated to the 
Commission or the Secretary, as appropriate, shall be available 
for such payments. Such payments may be made without securing 
releases, shall not constitute an admission of the liability of 
any person indemnified or of any indemnitor, and shall operate 
as a satisfaction to the extent thereof of any final settlement 
or judgment.
    n. Waiver of Defenses and Judicial Procedures.--(1) With 
respect to any extraordinary nuclear occurrence to which an 
insurance policy or contract furnished as proof of financial 
protection or an indemnity agreement applies and which--
            (A) arises out of or results from or occurs in the 
        course of the construction, possession, or operation of 
        a production or utilization facility,
            (B) arises out of or results from or occurs in the 
        course of transportation of source material, byproduct 
        material, or special nuclear material to or from a 
        production or utilization facility,
            (C) during the course of the contract activity 
        arises out of or results from the possession, 
        operation, or use by a Department of Energy contractor 
        or subcontractor of a device utilizing special nuclear 
        material or byproduct material,
            (D) arises out of, results from, or occurs in the 
        course of, the construction, possession, or operation 
        of any facility licensed under section 53, 63, or 81, 
        for which the Commission has imposed as a condition of 
        the license a requirement that the licensee have and 
        maintain financial protection under subsection a.,
            (E) arises out of, results from, or occurs in the 
        course of, transportation of source material, byproduct 
        material, or special nuclear material to or from any 
        facility licensed under section 53, 63, or 81, for 
        which the Commission has imposed as a condition of the 
        license a requirement that the licensee have and 
        maintain financial protection under subsection a., or
            (F) arises out of, results from, or occurs in the 
        course of nuclear waste activities. \1\
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    \1\ So in original. Probably should be a comma.
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the Commission or the Secretary, as appropriate, may 
incorporate provisions in indemnity agreements with licensees 
and contractors under this section, and may require provisions 
to be incorporated in insurance policies or contracts furnished 
as proof of financial protection, which waive (i) any issue or 
defense as to conduct of the claimant or fault of persons 
indemnified, (ii) any issue or defense as to charitable or 
governmental immunity, and (iii) any issue or defense based on 
any statute of limitations if suit is instituted within three 
years from the date on which the claimant first knew, or 
reasonably could have known, of his injury or damage and the 
cause thereof. The waiver of any such issue or defense shall be 
effective regardless of whether such issue or defense may 
otherwise be deemed jurisdictional or relating to an element in 
the cause of action. When so incorporated, such waivers shall 
be judicially enforceable in accordance with their terms by the 
claimant against the person indemnified. Such waivers shall not 
preclude a defense based upon a failure to take reasonable 
steps to mitigate damages, nor shall such waivers apply to 
injury or damage to a claimant or to a claimant's property 
which is intentionally sustained by the claimant or which 
results from a nuclear incident intentionally and wrongfully 
caused by the claimant. The waivers authorized in this 
subsection shall, as to indemnitors, be effective only with 
respect to those obligations set forth in the insurance 
policies or the contracts furnished as proof of financial 
protection and in the indemnity agreements. Such waivers shall 
not apply to, or prejudice the prosecution or defense of, any 
claim or portion of claim which is not within the protection 
afforded under (i) the terms of insurance policies or contracts 
furnished as proof of financial protection, or indemnity 
agreements, and (ii) the limit of liability provisions of 
subsection e.
    (2) With respect to any public liability action arising out 
of or resulting from a nuclear incident, the United States 
district court in the district where the nuclear incident takes 
place, or in the case of a nuclear incident taking place 
outside the United States, the United States District Court for 
the District of Columbia, shall have original jurisdiction 
without regard to the citizenship of any party or the amount in 
controversy. Upon motion of the defendant or of the Commission 
or the Secretary, as appropriate, any such action pending in 
any State court (including any such action pending on the date 
of the enactment of the Price-Anderson Amendments Act of 1988) 
\1\ or United States district court shall be removed or 
transferred to the United States district court having venue 
under this subsection. Process of such district court shall be 
effective throughout the United States. In any action that is 
or becomes removable pursuant to this paragraph, a petition for 
removal shall be filed within the period provided in section 
1446 of title 28, United States Code, or within the 30-day 
period beginning on the date of the enactment of the Price-
Anderson Amendments Act of 1988, \1\ whichever occurs later.
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    \1\ The date of enactment was Aug. 20, 1988.
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    (3)(A) Following any nuclear incident, the chief judge of 
the United States district court having jurisdiction under 
paragraph (2) with respect to public liability actions (or the 
judicial council of the judicial circuit in which the nuclear 
incident occurs) may appoint a special caseload management 
panel (in this paragraph referred to as the ``management 
panel'') to coordinate and assign (but not necessarily hear 
themselves) cases arising out of the nuclear incident, if--
            (i) a court, acting pursuant to subsection o., 
        determines that the aggregate amount of public 
        liability is likely to exceed the amount of primary 
        financial protection available under subsection b. (or 
        an equivalent amount in the case of a contractor 
        indemnified under subsection d.); or
            (ii) the chief judge of the United States district 
        court (or the judicial council of the judicial circuit) 
        determines that cases arising out of the nuclear 
        incident will have an unusual impact on the work of the 
        court.
    (B)(i) Each management panel shall consist only of members 
who are United States district judges or circuit judges.
    (ii) Members of a management panel may include any United 
States district judge or circuit judge of another district 
court or court of appeals, if the chief judge of such other 
district court or court of appeals consents to such assignment.
    (C) It shall be the function of each management panel--
            (i) to consolidate related or similar claims for 
        hearing or trial;
            (ii) to establish priorities for the handling of 
        different classes of cases;
            (iii) to assign cases to a particular judge or 
        special master;
            (iv) to appoint special masters to hear particular 
        types of cases, or particular elements or procedural 
        steps of cases;
            (v) to promulgate special rules of court, not 
        inconsistent with the Federal Rules of Civil Procedure, 
        to expedite cases or allow more equitable consideration 
        of claims;
            (vi) to implement such other measures, consistent 
        with existing law and the Federal Rules of Civil 
        Procedure, as will encourage the equitable, prompt, and 
        efficient resolution of cases arising out of the 
        nuclear incident; and
            (vii) to assemble and submit to the President such 
        data, available to the court, as may be useful in 
        estimating the aggregate damages from the nuclear 
        incident.
    o. Plan for Distribution of Funds.--(1) Whenever the United 
States district court in the district where a nuclear incident 
occurs, or the United States District Court for the District of 
Columbia in case of a nuclear incident occurring outside the 
United States, determines upon the petition of any indemnitor 
or other interested person that public liability from a single 
nuclear incident may exceed the limit of liability under the 
applicable limit of liability under subparagraph (A), (B), or 
(C) of subsection e. (1):
            (A) Total payments made by or for all indemnitors 
        as a result of such nuclear incident shall not exceed 
        15 per centum of such limit of liability without the 
        prior approval of such court;
            (B) The court shall not authorize payments in 
        excess of 15 per centum of such limit of liability 
        unless the court determines that such payments are or 
        will be in accordance with a plan of distribution which 
        has been approved by the court or such payments are not 
        likely to prejudice the subsequent adoption and 
        implementation by the court of a plan of distribution 
        pursuant to subparagraph (C); and
            (C) The Commission or the Secretary, as 
        appropriate, shall, and any other indemnitor or other 
        interested person may, submit to such district court a 
        plan for the disposition of pending claims and for the 
        distribution of remaining funds available. Such a plan 
        shall include an allocation of appropriate amounts for 
        personal injury claims, property damage claims, and 
        possible latent injury claims which may not be 
        discovered until a later time. Such court shall have 
        all power necessary to approve, disapprove, or modify 
        plans proposed, or to adopt another plan; and to 
        determine the proportionate share of funds available 
        for each claimant. The Commission or the Secretary as 
        appropriate, any other indemnitor, and any person 
        indemnified shall be entitled to such orders as may be 
        appropriate to implement and enforce the provisions of 
        this section, including orders limiting the liability 
        of the persons indemnified, orders approving or 
        modifying the plan, orders staying the payment of 
        claims and the execution of court judgments, orders 
        apportioning the payments to be made to claimants, and 
        orders permitting partial payments to be made before 
        final determination of the total claims. The orders of 
        such court shall be effective throughout the United 
        States and shall include establishment of priorities 
        between claimants and classes of claims, as necessary 
        to insure the most equitable allocation of available 
        funds.
            (D) A court may authorize payment of only such 
        legal costs as are permitted under paragraph (2) from 
        the amount of financial protection required by 
        subsection b.
            (E) If the sum of public liability claims and legal 
        costs authorized under paragraph (2) arising from any 
        nuclear incident exceeds the maximum amount of 
        financial protection required under subsection b., any 
        licensee required to pay a standard deferred premium 
        under subsection b. (1) shall, in addition to such 
        deferred premium, be charged such an amount as is 
        necessary to pay a pro rata share of such claims and 
        costs, but in no case more than 5 percent of the 
        maximum amount of such standard deferred premium 
        described in such subsection.
    (2) A court may authorize the payment of legal costs under 
paragraph (1)(D) only if the person requesting such payment 
has--
            (A) submitted to the court the amount of such 
        payment requested; and
            (B) demonstrated to the court--
                    (i) that such costs are reasonable and 
                equitable; and
                    (ii) that such person has--
                            (I) litigated in good faith;
                            (II) avoided unnecessary 
                        duplication of effort with that of 
                        other parties similarly situated;
                            (III) not made frivolous claims or 
                        defenses; and
                            (IV) not attempted to unreasonably 
                        delay the prompt settlement or 
                        adjudication of such claims.
    p. Reports to Congress.--The Commission and the Secretary 
shall submit to the Congress by [August 1, 1998] August 1, 
2008, detailed reports concerning the need for continuation or 
modification of the provisions of this section, taking into 
account the condition of the nuclear industry, availability of 
private insurance, and the state of knowledge concerning 
nuclear safety at that time, among other relevant factors, and 
shall include recommendations as to the repeal or modification 
of any of the provisions of this section.
    q. Limitation on Awarding of Precautionary Evacuation 
Cost.--No court may award costs of a precautionary evacuation 
unless such costs constitute a public liability.
    r. Limitation on Liability of Lessors.--No person under a 
bona fide lease of any utilization or production facility (or 
part thereof or undivided interest therein) shall be liable by 
reason of an interest as lessor of such production or 
utilization facility, for any legal liability arising out of or 
resulting from a nuclear incident resulting from such facility, 
unless such facility is in the actual possession and control of 
such person at the time of the nuclear incident giving rise to 
such legal liability.
    s. Limitation on Punitive Damages.--No court may award 
punitive damages in any action with respect to a nuclear 
incident or precautionary evacuation against a person on behalf 
of whom the United States is obligated to make payments under 
an agreement of indemnification covering such incident or 
evacuation.
    t. Inflation Adjustment.--(1) The Commission shall adjust 
the amount of the maximum total and annual standard deferred 
premium under subsection b. (1) not less than once during each 
5-year period following the [date of the enactment of the 
Price-Anderson Amendments Act of 1988], July 1, 2001 in 
accordance with the aggregate percentage change in the Consumer 
Price Index since--
            (A) such date of enactment, in the case of the 
        first adjustment under this subsection; or
            (B) the previous adjustment under this subsection.
    (2) For purposes of this subsection, the term ``Consumer 
Price Index'' means the Consumer Price Index for all urban 
consumers published by the Secretary of Labor.

[42 U.S.C. 2210]

    Sec. 170A. Conflicts of Interest Relating to Contracts and 
Other Arrangements.--
    a. The Commission shall, by rule, require any person 
proposing to enter into a contract, agreement, or other 
arrangement, whether by competitive bid or negotiation, under 
this Act or any other law administered by it for the conduct of 
research, development, evaluation activities, or for technical 
and management support services, to provide the Commission, 
prior to entering into any such contract, agreement, or 
arrangement, with all relevant information, as determined by 
the Commission, bearing on whether that person has a possible 
conflict of interest with respect to--
            (1) being able to render impartial, technically 
        sound, or objective assistance or advice in light of 
        other activities or relationships with other persons, 
        or
            (2) being given an unfair competitive advantage. 
        Such person shall insure, in accordance with 
        regulations prescribed by the Commission, compliance 
        with this section by any subcontractor (other than a 
        supply subcontractor) of such person in the case of any 
        subcontract for more than $10,000.
    b. The Commission shall not enter into any such contract 
agreement or arrangement unless it finds, after evaluating all 
information provided under subsection a. and any other 
information otherwise available to the Commission that--
            (1) it is unlikely that a conflict of interest 
        would exist, or
            (2) such conflict has been avoided after 
        appropriate conditions have been included in such 
        contract, agreement, or arrangement; except that if the 
        Commission determines that such conflict of interests 
        exists and that such conflict of interest cannot be 
        avoided by including appropriate conditions therein, 
        the Commission may enter into such contract, agreement, 
        or arrangement, if the Commission determines that it is 
        in the best interests of the United States to do so and 
        includes appropriate conditions in such contract, 
        agreement, or arrangement to mitigate such conflict.
    c. The Commission shall publish rules for the 
implementation of this section, in accordance with section 553 
of title 5, United States Code (without regard to subsection 
(a)(2) thereof) as soon as practicable after the date of the 
enactment of this section, \1\ but in no event later than 120 
days after such date.
---------------------------------------------------------------------------
    \1\ The date of enactment was Nov. 6, 1978.
---------------------------------------------------------------------------

[42 U.S.C. 2210a]

    Sec. 170B. Uranium Supply.--
    a. The Secretary of Energy shall monitor and for the years 
1983 to 1992 report annually to the Congress and to the 
President a determination of the viability of the domestic 
uranium mining and milling industry and shall establish by 
rule, after public notice and in accordance with the 
requirements of section 181 of this Act, within 9 months of 
enactment of this section, specific criteria which shall be 
assessed in the annual reports on the domestic uranium 
industry's viability. The Secretary of Energy is authorized to 
issue regulations providing for the collection of such 
information as the Secretary of Energy deems necessary to carry 
out the monitoring and reporting requirements of this section.
    b. Upon a satisfactory showing to the Secretary of Energy 
by any person that any information, or portion thereof obtained 
under this section, would, if made public, divulge proprietary 
information of such person, the Secretary shall not disclose 
such information and disclosure thereof shall be punishable 
under section 1905 of title 18, United States Code.
    c. The criteria referred to in subsection a. shall also 
include, but not be limited to--
            (1) an assessment of whether executed contracts or 
        options for source material or special nuclear material 
        will result in greater than 37\1/2\ percent of actual 
        or projected domestic uranium requirements for any two-
        consecutive-year period being supplied by source 
        material or special nuclear material from foreign 
        sources;
            (2) projections of uranium requirements and 
        inventories of domestic utilities for a 10 year period;
            (3) present and probable future use of the domestic 
        market by foreign imports;
            (4) whether domestic economic reserves can supply 
        all future needs for a future 10 year period;
            (5) present and projected domestic uranium 
        exploration expenditures and plans;
            (6) present and projected employment and capital 
        investment in the uranium industry;
            (7) the level of domestic uranium production 
        capacity sufficient to meet projected domestic nuclear 
        power needs for a 10 year period; and
            (8) a projection of domestic uranium production and 
        uranium price levels which will be in effect under 
        various assumptions with respect to imports.
    d. The Secretary or  \1\ Energy, at any time, may determine 
on the basis of the monitoring and annual reports required 
under this section that source material or special nuclear 
material from foreign sources is being imported in such 
increased quantities as to be a substantial cause of serious 
injury, or threat thereof, to the United States uranium mining 
and milling industry. Based on that determination, the United 
States Trade Representative shall request that the United 
States International Trade Commission initiate an investigation 
under section 201 of the Trade Act of 1974 (19 U.S.C. 2251).
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``of''.
---------------------------------------------------------------------------
    e. (1) If, during the period 1982 to 1992, the Secretary of 
Energy determines that executed contracts or options for source 
material or special nuclear material from foreign sources for 
use in utilization facilities within or under the jurisdiction 
of the United States represent greater than 37\1/2\ percent of 
actual or projected domestic uranium requirements for any two-
consecutive-year period, or if the Secretary of Energy 
determines the level of contracts or options involving source 
material and special nuclear material from foreign sources may 
threaten to impair the national security, the Secretary of 
Energy shall request the Secretary of Commerce to initiate 
under section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 
1862) an investigation to determine the effects on the national 
security of imports of source material and special nuclear 
material. The Secretary of Energy shall cooperate fully with 
the Secretary of Commerce in carrying out such an investigation 
and shall make available to the Secretary of Commerce the 
findings that lead to this request and such other information 
that will assist the Secretary of Commerce in the conduct of 
the investigation.
    (2) The Secretary of Commerce shall, in the conduct of any 
investigation requested by the Secretary of Energy pursuant to 
this section, take into account any information made available 
by the Secretary of Energy, including information regarding the 
impact on national security of projected or executed contracts 
or options for source material or special nuclear material from 
foreign sources or whether domestic production capacity is 
sufficient to supply projected national security requirements.
    (3) No sooner than 3 years following completion of any 
investigation by the Secretary of Commerce under paragraph (1), 
if no recommendation has been made pursuant to such study for 
trade adjustments to assist or protect domestic uranium 
production, the Secretary of Energy may initiate a request for 
another such investigation by the Secretary of Commerce.

SEC. 170C. PROTECTION OF DESIGNATED NUCLEAR FACILITIES.

    (a) Definitions.--In this section:
            (1) Certificate holder.--The term ``certificate 
        holder'' means the holder of a certificate of 
        compliance issued under section 1701.
            (2) Federal security coordinator.--The term 
        ``Federal security coordinator'' means the Federal 
        security coordinator assigned to a regional office of 
        the Commission.
            (3) Design basis threat.--The term ``design basis 
        threat'' means a design basis threat for a designated 
        nuclear facility, as revised under subsection (c).
            (4) Licensee.--The term ``licensee'' means the 
        holder of a license issued by the Commission.
    (b) Security Examination.--
            (1) In general.--The Commission, in coordination 
        with the Secretary of Homeland Security and in 
        consultation with other agencies as appropriate, shall 
        examine--
                    (A) classification of threats against 
                designated nuclear facilities as--
                            (i) an act falling under the 
                        responsibilities of the Federal 
                        Government, including an act by an 
                        enemy of the United States, whether a 
                        foreign government or any other person; 
                        or
                            (ii) an act involving a type of 
                        risk that a licensee or certificate 
                        holder should be responsible for 
                        guarding against;
                    (B) coordination of Federal, State, and 
                local security efforts for protection of land, 
                water, and ground access to designated nuclear 
                facilities in the event of a terrorist attack 
                or attempted terrorist attack;
                    (C) the adequacy of emergency planning 
                zones to protect the public health and safety 
                in the event of a terrorist attack against a 
                designated nuclear facility;
                    (D) the adequacy and coordination of 
                Federal, State, and local emergency planning, 
                evacuation, and other measures to protect the 
                public health and safety in the event of a 
                terrorist attack against a designated nuclear 
                facility;
                    (E) the system of threat levels, consistent 
                with the Homeland Security Advisory System used 
                to categorize the threats against a designated 
                nuclear facility, including--
                            (i) procedures to ensure 
                        coordinated Federal, State, and local 
                        responses to changing threat levels for 
                        designated nuclear facilities;
                            (ii) monitoring of threats against 
                        designated nuclear facilities; and
                            (iii) procedures to notify 
                        licensees and certificate holders of a 
                        designated nuclear facility of changes 
                        in threat levels;
                    (F) the development, implementation, and 
                revision of security plans for designated 
                nuclear facilities;
                    (G) the hiring and training standards for 
                members of private security forces at 
                designated nuclear facilities;
                    (H) the coordination of Federal resources 
                to expedite and improve the process of 
                performing background checks on employees with 
                access to designated nuclear facilities; and
                    (I) the creation by the Secretary of 
                Homeland Security of a program to provide 
                technical assistance and training for the 
                National Guard, State law enforcement agencies, 
                and local law enforcement agencies to respond, 
                as appropriate, to threats against a designated 
                nuclear facility, including recommendations for 
                the establishment of a grant program to assist 
                State and local governments in carrying out any 
                recommended actions under this section.
            (2) Report.--Not later than 1 year after completion 
        of the security examination under paragraph (1), the 
        Commission and the Secretary of Homeland Security shall 
        submit to the President and Congress, in classified and 
        unclassified form, a report with recommendations and 
        findings.
    (c) Revision of Design Basis Threats.--
            (1) In general.--Not later than 180 days after 
        completion of the security examination under subsection 
        (b), the Commission shall by regulation revise the 
        design basis threats promulgated before the date of 
        enactment of this section as the Commission determines 
        to be appropriate based on the security examination.
            (2) Protection of safeguards information.--In 
        promulgating any regulations under this subsection, the 
        Commission shall ensure protection of safeguards 
        information in accordance with section 147.
    (d) Threat Levels.--Not later than 150 days after the date 
of submission of the report under subsection (b)(2), the 
Commission shall establish a system for the determination of 
multiple threat levels to describe the threat conditions at 
designated nuclear facilities.
    (e) Security Plans.--
            (1) In general.--Not later than 1 year after the 
        date on which the Commission revises the design basis 
        threats under subsection (c)(1), the Commission shall 
        require each licensee or certificate holder of a 
        designated nuclear facility to--
                    (A) revise the security plan to ensure that 
                the designated nuclear facility protects 
                against the appropriate design basis threats; 
                and
                    (B) submit the security plan to the 
                Commission for review.
            (2) Review schedule.--The Commission shall 
        establish a priority schedule for conducting reviews of 
        security plans based on the proximity of the designated 
        nuclear facility to large population areas.
            (3) Upgrades to security.--The Commission shall 
        ensure that the licensee or certificate holder of each 
        designated nuclear facility makes any changes to 
        security and the security plan required from the 
        Commission review on a schedule established by the 
        Commission, but not to exceed 18 months after 
        completion of review.
    (f) Emergency Response Plans.--
            (1) In general.--Not later than 21 months after the 
        date of enactment of this section, the Commission shall 
        review, in consultation with the Secretary of Homeland 
        Security, the emergency response plans for each 
        designated nuclear facility to ensure that each 
        emergency response plan provides protection for persons 
        in the emergency response planning zone.
            (2) Aspects of review.--The Commission shall ensure 
        that each emergency response plan provides, as 
        appropriate to the type of designated nuclear facility, 
        for--
                    (A) the protection of public health and 
                safety, including the ability to implement 
                protective measures;
                    (B) clear definition and assignment of 
                responsibilities of emergency response 
                personnel;
                    (C) notification procedures;
                    (D) communication and coordination among 
                emergency response personnel;
                    (E) dissemination of information to the 
                public, both prior to, and in the event of, a 
                radiological emergency;
                    (F) adequate emergency facilities and 
                equipment at and around the designated nuclear 
                facility;
                    (G) the use of methods, systems, and 
                equipment for assessing and monitoring actual 
                or potential impacts of a radiological 
                emergency;
                    (H) a range of protective actions for the 
                public;
                    (I) means for controlling radiological 
                exposures for emergency response personnel;
                    (J) appropriate medical services for 
                contaminated individuals;
                    (K) general plans for recovery and reentry; 
                and
                    (L) radiological emergency response 
                training.
            (3) Schedule.--The Commission shall establish a 
        priority schedule for conducting reviews of emergency 
        response plans for designated nuclear facilities based 
        on the proximity of such facilities to large population 
        areas.
            (4) Upgrades to emergency response plan.--The 
        Commission shall ensure that the licensee or 
        certificate holder of each designated nuclear facility 
        revises, as necessary, the emergency response plan for 
        review by the Commission on a schedule established by 
        the Commission.
    (g) Training Program.--
            (1) In general.--Not later than 1 year after 
        submission of the report under subsection (b)(2), the 
        President shall establish, based on and consistent with 
        the findings and recommendations contained in the 
        report submitted under subsection (b)(2), a program to 
        provide technical assistance and training for the 
        National Guard and State and local law enforcement 
        agencies in responding to threats against a designated 
        nuclear facility.
            (2) Grants.--The President may provide grants to 
        State and local governments to assist in carrying out 
        this section.
            (3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are 
        necessary to carry out this subsection.
    (h) Employee Security.--
            (1) Review.--Not later than 180 days after the date 
        of enactment of this section, the Commission shall 
        review and update as appropriate the access and 
        training standards for employees of a designated 
        nuclear facility.
            (2) Disqualification of individuals who present 
        national security risks.--The Commission shall 
        establish qualifications and procedures, in addition to 
        fingerprinting for criminal history record checks 
        conducted under section 149, to ensure that no 
        individual who presents a threat to national security 
        is employed at a designated nuclear facility.
    (i) Federal Security Coordinators.--
            (1) Regional offices.--Not later than 180 days 
        after the date of enactment of this section, the 
        Commission shall assign a Federal security coordinator, 
        under the employment of the Commission, to each region 
        of the Commission.
            (2) Responsibilities.--The Federal security 
        coordinator shall be responsible for--
                    (A) communicating with the Commission and 
                other Federal, State, and local authorities 
                concerning threats, including threats against a 
                designated nuclear facility;
                    (B) ensuring that a designated nuclear 
                facility maintains security consistent with the 
                security plan in accordance with the 
                appropriate threat level; and
                    (C) assisting in the coordination of 
                security measures among--
                            (i) the private security force at a 
                        designated nuclear facility; and
                            (ii) Federal, State, and local 
                        authorities, as appropriate.
    (j) Classified Information.--Nothing in this section 
supersedes any law (including a regulation) governing the 
disclosure of classified information or safeguards information.

SEC. 170D. CARRYING OF WEAPONS.

    (a) Authority To Make Arrest.--
            (1) In general.--A person authorized under section 
        161k. to carry and use a firearm, other weapon, device, 
        or ammunition may, while in the performance of, and in 
        connection with, official duties, detain or 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 after the 
        Commission, licensee, or certificate holder has applied 
        for and been granted authorization from the 
        Commission--
                    (A) when the individual is within, or is in 
                flight directly from, the area in which the 
                offense was or is being 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.--
                    (A) In general.--The Secretary and the 
                Commission, with the approval of the Attorney 
                General, shall issue guidelines to implement 
                section 161k. and this subsection.
                    (B) Effective date.--The authority to carry 
                and use weapons, devices, or ammunition 
                provided to employees described in section 
                161k.(2) and the authority provided to those 
                employees under this subsection shall not be 
                effective until the date on which guidelines 
                issued under subparagraph (A) become effective.

SEC. 170E. SENSITIVE RADIOACTIVE MATERIAL SECURITY.

    (a) Definitions.--In this section:
            (1) Sensitive radioactive material.--
                    (A) In general.--The term ``sensitive 
                radioactive material'' means--
                            (i) a material--
                                    (I) that is a source 
                                material, by-product material, 
                                or special nuclear material; or
                                    (II) that is any other 
                                radioactive material 
                                (regardless of whether the 
                                material is or has been 
                                licensed or otherwise regulated 
                                under this Act) produced or 
                                made radioactive before or 
                                after the date of enactment of 
                                this section; and
                            (ii) that is in such a form or 
                        quantity or concentration that the 
                        Commission determines should be 
                        classified as ``sensitive radioactive 
                        material'' that warrants improved 
                        security and protection against loss, 
                        theft, or sabotage.
                    (B) Exclusion.--The term ``sensitive 
                radioactive material'' does not include nuclear 
                fuel or spent nuclear fuel.
            (2) Security threat.--The term ``security threat'' 
        means--
                    (A) a threat of sabotage or theft of 
                sensitive radioactive material;
                    (B) a threat of use of sensitive 
                radioactive material in a radiological 
                dispersal device; and
                    (C) any other threat of terrorist or other 
                criminal activity involving sensitive 
                radioactive material that could harm the health 
                or safety of the public due primarily to 
                radiological properties of the sensitive 
                radioactive material, as determined by the 
                Commission.
    (b) Duties.--
            (1) In general.--The Commission, in consultation 
        with Secretary of Homeland Security, Secretary of 
        Energy, Director of Central Intelligence, Director of 
        the Federal Bureau of Investigation, Director of the 
        Customs Service, and Administrator of the Environmental 
        Protection Agency, shall--
                    (A) evaluate the security of sensitive 
                radioactive material against security threats; 
                and
                    (B) recommend administrative and 
                legislative actions to be taken to provide an 
                acceptable level of security against security 
                threats.
            (2) Considerations.--In carrying out paragraph (1), 
        the Commission shall consider actions, as appropriate 
        to--
                    (A) determine the radioactive materials 
                that should be classified as sensitive 
                radioactive materials;
                    (B) develop a classification system for 
                sensitive radioactive materials that--
                            (i) is based on the potential for 
                        use by terrorists of sensitive 
                        radioactive material and the extent of 
                        the threat to public health and safety 
                        posed by that potential; and
                            (ii) takes into account--
                                    (I) radioactivity levels of 
                                sensitive radioactive material;
                                    (II) the dispersibility of 
                                sensitive radioactive material;
                                    (III) the chemical and 
                                material form of sensitive 
                                radioactive material; and
                                    (IV) other appropriate 
                                factors;
                    (C) develop a national system for recovery 
                of sensitive radioactive material that is lost 
                or stolen, taking into account the 
                classification system established under 
                subparagraph (B);
                    (D) provide for the storage of sensitive 
                radioactive material that is not currently in 
                use in a safe and secure manner;
                    (E) develop a national tracking system for 
                sensitive radioactive material, taking into 
                account the classification system established 
                under subparagraph (B);
                    (F) develop methods to ensure the return or 
                proper disposal of sensitive radioactive 
                material;
                    (G) consider export controls on sensitive 
                radioactive materials so that, to the extent 
                feasible, exports from the United States of 
                sensitive radioactive materials are made to 
                foreign recipients that are willing and able to 
                control the sensitive radioactive materials in 
                a manner similar to the manner in which 
                recipients in the United States control such 
                sensitive radioactive material; and
                    (H) establish procedures to improve the 
                security of sensitive radioactive material in 
                use, transportation, and storage.
            (3) Procedures to improve security.--The procedures 
        to improve the security of sensitive radioactive 
        material under paragraph (2)(H) may include--
                    (A) periodic audits or inspections by the 
                Commission to ensure that sensitive radioactive 
                material is properly secured and can be fully 
                accounted for;
                    (B) evaluation by the Commission of 
                security measures taken by persons that possess 
                sensitive radioactive material;
                    (C) imposition of increased fines for 
                violations of regulations relating to security 
                and safety measures applicable to persons that 
                possess sensitive radioactive material;
                    (D) conduct of background checks on 
                individuals with access to sensitive 
                radioactive material;
                    (E) measures to ensure the physical 
                security of facilities in which sensitive 
                radioactive material is stored; and
                    (F) screening of shipments of sensitive 
                radioactive material to facilities that are 
                particularly at risk for sabotage to ensure 
                that the shipments do not contain explosives.
    (c) Report.--Not later than 1 year after the date of 
enactment of this section, and not less frequently than once 
every 3 years thereafter, the Commission shall submit to the 
President and Congress a report in unclassified form (with a 
classified annex, if necessary) describing the administrative 
and legislative actions recommended under subsection (b)(1).
    (d) Administrative Action.--Not later than 60 days after 
the date of submission of the report under subsection (c), the 
Commission shall take such actions as are appropriate to--
            (1) revise the system for licensing sensitive 
        radioactive materials; and
            (2) delegate the authority of the Commission to 
        implement regulator programs and requirements to States 
        that enter into agreements with the Commission to 
        perform inspections and other functions on a 
        cooperative basis as the Commission considers 
        appropriate.

           *       *       *       *       *       *       *

    Sec. 229. Trespass Upon Commission Installations.--
            a. The Commission is authorized to issue 
        regulations relating to the entry upon or carrying, 
        transporting, or otherwise introducing or causing to be 
        introduced any dangerous weapons, explosive, or other 
        dangerous instrument or material likely to produce 
        substantial injury or damage to persons or property, 
        into or upon any facility, installation, or real 
        property subject to the jurisdiction, administration, 
        or in the custody of the Commission. Every such 
        regulation of the Commission shall be posted 
        conspicuously at the location involved or subject to 
        the licensing authority of the Commission or to 
        certification by the Commission under this Act or any 
        other Act.
            b. Whoever shall willfully violate any regulation 
        of the Commission issued pursuant to subsection a. 
        shall, upon conviction thereof, be punishable by a fine 
        of not more than $1,000.
            c. Whoever shall willfully violate any regulation 
        of the Commission issued pursuant to subsection a. with 
        respect to any installation or other property which is 
        enclosed by a fence, wall, floor, roof, or other 
        structural barrier shall be guilty of a misdemeanor and 
        upon conviction thereof shall be punished by a fine of 
        not to exceed $5,000 or to imprisonment for not more 
        than one year, or both.

           *       *       *       *       *       *       *

    Sec. 236. Sabotage of Nuclear Facilities or Fuel.--
    a. Any person who intentionally and willfully destroys or 
causes physical damage to, or [who intentionally and willfully 
attempts] or who attempts or conspires to destroy or cause 
physical damage to--
            (1) any production facility or utilization facility 
        licensed under this Act;
            (2) any nuclear waste [storage facility] storage, 
        treatment, or disposal facility licensed under this 
        Act;
            (3) any nuclear fuel for [such a utilization 
        facility] a utilization facility licensed under this 
        Act, or any spent nuclear fuel from such a facility; 
        [or]
            (4) any uranium enrichment [facility licensed] 
        uranium conversion or nuclear fuel fabrication facility 
        licensed or certified by the Nuclear Regulatory 
        Commission; or
            (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 destruction or damage caused or 
        attempted to be caused could adversely affect public 
        health and safety during the operation of the facility;
shall be fined not more than $10,000 or imprisoned for not more 
than ten years, or both.
    b. Any person who intentionally and willfully causes or 
attempts to cause an interruption of normal operation of any 
such facility through the unauthorized use of or tampering with 
the machinery, components, or controls of any such facility, 
shall be fined not more than $10,000 or imprisoned for not more 
than ten years, or both.
                              ----------                              

                    [public law 93-438, as amended]

                   ENERGY REORGANIZATION ACT OF 1974

          * * * * * * *
                Title II--Nuclear Regulatory Commission
    Sec. 201. (a) * * *
          * * * * * * *
                      office of reactor regulation
    Sec. 203. (a) There is hereby established in the Commission 
an Office of Nuclear Reactor Regulation under the direction of 
a Director of Nuclear Reactor Regulation, who shall be 
appointed by the Commission, who may report directly to the 
Commission, as provided in section 209, and who shall serve at 
the pleasure of and be removable by the Commission.
    (b) Subject to the provisions of this Act, the Director of 
Nuclear Reactor Regulation shall perform such functions as the 
Commission shall delegate including:
            (1) Principal [licensing and regulation involving] 
        licensing, regulation, and, except as otherwise 
        provided under section 212, carrying out safety 
        reviews, safeguards, and physical security of all 
        facilities and materials licensed under the Atomic 
        Energy Act of 1954, as amended, associated with the 
        construction and operation of nuclear reactors licensed 
        under the authority of the Atomic Energy Act of 1954, 
        as amended;
            (2) Review the safety [and safeguards] of all such 
        facilities, materials, and activities, and such review 
        functions shall include but not be limited to--
          * * * * * * *

SEC. 212. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.

    (a) Definitions.--In this section:
            (1) Certificate holder.--The term `certificate 
        holder' has the meaning given the term in section 
        170C(a) of the Atomic Energy Act of 1954.
            (2) Designated nuclear facility.--The term 
        `designated nuclear facility' has the meaning given the 
        term in section 11 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2014).
            (3) Director.--The term `Director' means the 
        Director of Nuclear Security and Incident Response 
        appointed under subsection (c).
            (4) Licensee.--The term `licensee' has the meaning 
        given the term in section 170C(a) of the Atomic Energy 
        Act of 1954.
            (5) Office.--The term `Office' means the Office of 
        Nuclear Security and Incident Response established by 
        subsection (b).
    (b) Establishment of Office.--There is established in the 
Commission the Office of Nuclear Security and Incident 
Response.
    (c) Director.--
            (1) Appointment.--The Commission may appoint and 
        terminate a Director of Nuclear Security and Incident 
        Response to head the Office.
            (2) Duties.--
                    (A) In general.--The Director shall perform 
                such functions as the Commission delegates to 
                the Director.
                    (B) Functions.--The functions delegated to 
                the Director may include--
                            (i) carrying out security, 
                        safeguards, and incident responses 
                        relating to--
                                    (I) any facility owned or 
                                operated by a Commission 
                                licensee or certificate holder;
                                    (II) any property owned or 
                                in the possession of a licensee 
                                or certificate holder that--
                                            (aa) is significant 
                                        to the common defense 
                                        and security; or
                                            (bb) is being 
                                        transported to or from 
                                        a facility described in 
                                        clause (i); and
                                    (III) any other activity of 
                                a licensee or certificate 
                                holder, subject to the 
                                requirements of the Atomic 
                                Energy Act of 1954 (42 U.S.C. 
                                2011 et seq.), that is 
                                significant to the common 
                                defense and security;
                            (ii) for a facility or material 
                        licensed under the Atomic Energy Act of 
                        1954 (42 U.S.C. 2011 et seq)--
                                    (I) developing contingency 
                                plans for dealing with threats, 
                                thefts, and sabotage; and
                                    (II) monitoring, reviewing, 
                                and evaluating security and 
                                safeguards;
                            (iii) recommending upgrades to 
                        internal accounting systems for special 
                        nuclear and other materials licensed or 
                        certified under the Atomic Energy Act 
                        of 1954 (42 U.S.C. 2011 et seq.); and
                            (iv) developing and recommending 
                        standards and amendments to the 
                        standards of the Commission relating to 
                        the duties described in clauses (i) 
                        through (iii); and
                    (E) carrying out any other safeguards and 
                physical security functions and incident 
                response that the Commission determines to be 
                appropriate.
            (3) Consultation.--In carrying out the duties under 
        paragraph (2), the Director shall, to the extent 
        practicable, consult and coordinate with--
                    (A) other officers of the Commission; and
                    (B) other Federal agencies.
    (d) Security Response Evaluations.--
            (1) In general.--Not later than 1 year after the 
        date of enactment of this section, the Commission shall 
        establish a security response evaluation program to 
        assess the ability of each designated nuclear facility 
        to defend against the threats in accordance with the 
        security plan for the designated nuclear facility.
            (2) Frequency of evaluations.--Not less than once 
        every 3 years, the Commission shall conduct and 
        document security response evaluations at each 
        designated nuclear facility to assess the ability of 
        the private security force of the designated nuclear 
        facility to defend against the appropriate design basis 
        threat.
            (3) Security exemption.--The Commission may suspend 
        activities under this section if the Commission 
        determines that the security response evaluations would 
        compromise security at any designated nuclear facility 
        in accordance with a heightened threat level.
            (4) Activities.--The security response evaluation 
        shall include force-on-force exercises that simulate 
        the security threats consistent with the design basis 
        threat appropriate to the facility.
            (5) Performance criteria.--The Commission shall 
        establish performance criteria for judging the security 
        response evaluations.
            (6) Corrective action.--
                    (A) In general.--When any of the 
                performance criteria established under 
                paragraph (5) are not satisfied--
                            (i) the licensee or certificate 
                        holder shall promptly correct any 
                        defects in performance identified by 
                        the Commission in the security response 
                        evaluation; and
                            (ii) the Commission shall conduct 
                        an additional security response 
                        evaluation within 9 months to confirm 
                        that the licensee or certificate holder 
                        satisfies the performance criteria 
                        established under paragraph (5).
                    (B) 2 consecutive failures to satisfy 
                performance criteria.--
                            (i) In general.--If a designated 
                        nuclear facility fails to satisfy the 
                        performance criteria established under 
                        paragraph (5) in 2 consecutive security 
                        response evaluations, the Commission 
                        shall issue an order specifying the 
                        corrective actions that must be taken 
                        by the licensee or certificate holder 
                        of the designated nuclear facility.
                            (ii) Failure to take corrective 
                        action.--If the licensee or certificate 
                        holder of a designated nuclear facility 
                        does not take the corrective action 
                        specified by the Commission within 30 
                        days after the date of issuance of an 
                        order under clause (i), and the 
                        Commission determines that the failure 
                        could compromise public health and 
                        safety, the Commission shall assess a 
                        civil penalty under section 234.
            (7) Reports.--Not less often than once every year, 
        the Commission shall submit to Congress and the 
        President a report, in classified form and unclassified 
        form, that describes the results of each security 
        response evaluation under this paragraph for the 
        previous year.
    (e) Emergency Response Exercises.--
            (1) In general.--Not less than once every 2 years, 
        the Commission, in coordination with the Secretary of 
        Homeland Security shall observe and evaluate emergency 
        response exercises to assess the ability of Federal, 
        State, and local emergency response personnel and 
        emergency response personnel of a licensee or 
        certificate holder to respond to a radiological 
        emergency at the designated nuclear facility in 
        accordance with the emergency response plans.
            (2) Activities.--The emergency response exercises 
        shall evaluate--
                    (A) the response capabilities, response 
                times, and coordination and communication 
                capabilities of the response personnel; and
                    (B) the effectiveness and adequacy of 
                emergency response and the ability to take 
                protective actions.
            (3) Plans.--The Commission shall ensure that the 
        emergency response plan for a designated nuclear 
        facility is revised to correct for any deficiencies 
        identified by an evaluation under this subsection.
            (4) Reports.--Not less than once every year, the 
        Commission shall submit to the President and Congress a 
        report, in classified form and unclassified form, that 
        describes--
                    (A) the results of each emergency response 
                exercise under this subsection conducted in the 
                previous year; and
                    (B) each revision of an emergency response 
                plan made under paragraph (3) for the previous 
                year.
    (f) Effect.--Nothing in this section limits any authority 
of the Department of Energy relating to the safe operation of 
facilities under the jurisdiction of the Department.
                              ----------                              


                           UNITED STATES CODE

                          TITLE 11--BANKRUPTCY

           * * * * * * *
Section 523. Exceptions to Discharge
    (a) * * *
           * * * * * * *
    (f) Treatment of Nuclear Reactor Financial Obligations.--
Notwithstanding any other provision of this title--
            (1) any funds or other assets held by a licensee or 
        former licensee of the Nuclear Regulatory Commission, 
        or by any other person, to satisfy the responsibility 
        of the licensee, former licensee, or any other person 
        to comply with a regulation or order of the Nuclear 
        Regulatory Commission governing the decontamination and 
        decommissioning of a nuclear power reactor licensed 
        under section 103 or 104b. of the Atomic Energy Act of 
        1954 (42 U.S.C. 2133, 2134(b)) shall not be used to 
        satisfy the claim of any creditor in any proceeding 
        under this title, other than a claim resulting from an 
        activity undertaken to satisfy that responsibility, 
        until the decontamination and decommissioning of the 
        nuclear power reactor is completed to the satisfaction 
        of the Nuclear Regulatory Commission;
            (2) obligations of licensees, former licensees, or 
        any other person to use funds or other assets to 
        satisfy a responsibility described in paragraph (1) may 
        not be rejected, avoided, or discharged in any 
        proceeding under this title or in any liquidation, 
        reorganization, receivership, or other insolvency 
        proceeding under Federal or State law; and
            (3) private insurance premiums and standard 
        deferred premiums held and maintained in accordance 
        with section 170b. of the Atomic Energy Act of 1954 (42 
        U.S.C. 2210(b)) shall not be used to satisfy the claim 
        of any creditor in any proceeding under this title, 
        until the indemnification agreement executed in 
        accordance with section 170c. of that Act (42 U.S.C. 
        2210(c)) is terminated.

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