I

107TH CONGRESS

1ST SESSION H. R. 1679

To ensure that nuclear energy continues to contribute to the supply of

electricity in the United States.

IN THE HOUSE OF REPRESENTATIVES

MAY 2, 2001

Mr. GRAHAM (for himself, Mr. STENHOLM, Mr. BURR of North Carolina, Mr.

HASTINGS of Washington, Mr. WAMP, Mr. SIMPSON, Mr. NORWOOD, and

Mrs. WILSON) introduced the following bill; which was referred to the

Committee on Energy and Commerce, and in addition to the Committee

on Science, for a period to be subsequently determined by the Speaker,

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To ensure that nuclear energy continues to contribute to

the supply of electricity in the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Electricity Supply Assurance Act of 2001’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.
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Sec. 3. Definitions.

TITLE I—SUPPORT FOR CONTINUED USE OF NUCLEAR ENERGY

Subtitle A—Price-Anderson Amendments

Sec. 101. Short title.

Sec. 102. Indemnification authority.

Sec. 103. Maximum assessment.

Sec. 104. Department of Energy liability limit.

Sec. 105. Incidents outside the United States.

Sec. 106. Reports.

Sec. 107. Inflation adjustment.

Sec. 108. Civil penalties.

Sec. 109. Applicability.

Subtitle B—Leadership of the Office of Nuclear Energy, Science, and

Technology and the Office of Science

Sec. 111. Assistant Secretaries.

Subtitle C—Funding of Certain Department of Energy Programs

Sec. 121. Nuclear Energy Research Initiative.

Sec. 122. Nuclear Plant Optimization Program.

Sec. 123. Uprating of nuclear plant operations.

Sec. 124. University programs.

Sec. 125. Prohibition of commercial sales of uranium and conversion held by

the Department of Energy until 2005.

Sec. 126. Cooperative research and development and special demonstration

projects for the uranium mining industry.

Sec. 127. Mixed oxide fuel program.

Sec. 128. Maintenance of a viable domestic uranium conversion industry.

Sec. 129. Portsmouth Gaseous Diffusion Plant.

Sec. 130. Nuclear generation report.

TITLE II—CONSTRUCTION OF NUCLEAR PLANTS

Sec. 201. Research program.

Sec. 202. Nuclear plant completion initiative.

Sec. 203. Early site permit demonstration program.

Sec. 204. Nuclear energy technology study for Generation IV reactors.

Sec. 205. Research supporting regulatory processes for new reactor technologies

and designs.

TITLE III—EVALUATIONS OF NUCLEAR ENERGY

Sec. 301. Environmentally preferable purchasing.

Sec. 302. Emission-free control measures under a State implementation plan.

Sec. 303. Prohibition of discrimination against emission-free electricity projects

in international development programs.

TITLE IV—DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL

STRATEGY

Sec. 401. Finding.

Sec. 402. Office of Spent Nuclear Fuel Research.

Sec. 403. Advanced fuel recycling technology development program.
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TITLE V—NATIONAL ACCELERATOR SITE

Sec. 501. Finding.

Sec. 502. Definitions.

Sec. 503. Advanced Accelerator Applications Program.

TITLE VI—NUCLEAR REGULATORY COMMISSION REFORM

Sec. 601. Definitions.

Sec. 602. Office location.

Sec. 603. License period.

Sec. 604. Elimination of foreign ownership restrictions.

Sec. 605. Elimination of duplicative antitrust review.

Sec. 606. Gift acceptance authority.

Sec. 607. Authority over former licensees for decommissioning funding.

Sec. 608. Carrying of firearms by licensee employees.

Sec. 609. Cost recovery from Government agencies.

Sec. 610. Hearing procedures.

Sec. 611. Unauthorized introduction of dangerous weapons.

Sec. 612. Sabotage of nuclear facilities or fuel.

Sec. 613. Nuclear decommissioning obligations of nonlicensees.

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) the standard of living for citizens of the

4 United States is linked to the availability of reliable,

5 low-cost energy supplies;

6 (2) personal use patterns, manufacturing proc7 esses, and advanced cyber information all fuel in8 creases in the demand for electricity;

9 (3) demand-side management, while important,

10 is not likely to halt the increase in energy demand;

11 (4) the United States needs an energy portfolio

12 containing nuclear generation to limit fluctuations in

13 overall energy prices;

14 (5)(A) nuclear power is the largest producer of

15 essentially emission-free electricity;
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1 (B) nuclear energy is one of the few energy

2 sources that controls all pollutants;

3 (C) nuclear plants are demonstrating excellent

4 reliability as the plants produce power at low cost

5 with a superb safety record; and

6 (D) the generation costs of nuclear power are

7 not subject to the same price fluctuations as fossil

8 fuels;

9 (6) requirements for new highly reliable base10 load generation capacity coupled with increasing en11 vironmental concerns and limited long-term avail12 ability of fossil fuels require that the United States

13 preserve the nuclear energy option into the future;

14 (7) to ensure the reliability of electricity supply

15 and delivery, the United States needs programs to

16 encourage the extended or more efficient operation

17 of currently existing nuclear plants and the con18 struction of new nuclear plants;

19 (8) a qualified workforce is a prerequisite to

20 continued safe operation of—

21 (A) nuclear plants;

22 (B) the nuclear navy;

23 (C) programs dealing with high-level or

24 low-level waste from civilian or defense facili25 ties; and
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1 (D) research and medical uses of nuclear

2 technologies;

3 (9) uncertainty surrounding the costs associ4 ated with regulatory approval for siting, con5 structing, and operating nuclear plants confuses the

6 economics for new plant investments;

7 (10) to ensure the long-term reliability of sup8 plies of nuclear fuel, the United States must ensure

9 that the domestic uranium mining, conversion, and

10 enrichment service industries remain viable;

11 (11)(A) technology developed in the United

12 States and worldwide, broadly labeled as the Genera13 tion IV Reactor, is demonstrating that new designs

14 of nuclear reactors are feasible;

15 (B) plants using the new designs would have

16 improved safety, minimized proliferation risks, re17 duced spent fuel, and much lower costs; and

18 (C)(i) the nuclear facility infrastructure needed

19 to conduct nuclear energy research and development

20 in the United States has been allowed to erode over

21 the past decade; and

22 (ii) that infrastructure must be restored to sup23 port development of Generation IV nuclear energy

24 systems;
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1 (12)(A) to ensure the long-term viability of nu2 clear power, the public must be confident that final

3 waste forms resulting from spent fuel are controlled

4 so as to have negligible impact on the environment;

5 and

6 (B) continued research on repositories, and on

7 approaches to mitigate the toxicity of materials en8 tering any future repository, would serve that public

9 interest; and

10 (13)(A) the Nuclear Regulatory Commission

11 must continue its stewardship of the safety of our

12 nuclear industry;

13 (B) at the same time, the Commission must

14 streamline processes wherever possible to provide

15 timely responses to a wide range of safety, upgrade,

16 and licensing issues;

17 (C) the Commission should conduct research on

18 new reactor technologies to support future regu19 latory decisions; and

20 (D) a revision of certain Commission proce21 dures would assist in more timely processing of li22 cense applications and other requests for regulatory

23 action.

24 SEC. 3. DEFINITIONS.

25 In this Act:
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1 (1) COMMISSION.—The term ‘‘Commission’’

2 means the Nuclear Regulatory Commission.

3 (2) EARLY SITE PERMIT.—The term ‘‘early site

4 permit’’ means a permit for a site to be a future lo5 cation for a nuclear plant under subpart A of part

6 52 of title 10, Code of Federal Regulations.

7 (3) NUCLEAR PLANT.—The term ‘‘nuclear

8 plant’’ means a nuclear energy facility that gen9 erates electricity.

10 (4) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of Energy.

12 TITLE I—SUPPORT FOR CONTIN13 UED USE OF NUCLEAR EN14 ERGY

15 Subtitle A—Price-Anderson

16 Amendments

17 SEC. 101. SHORT TITLE.

18 This subtitle may be cited as the ‘‘Price-Anderson

19 Amendments Act of 2001’’.

20 SEC. 102. INDEMNIFICATION AUTHORITY.

21 (a) INDEMNIFICATION OF NUCLEAR REGULATORY

22 COMMISSION LICENSEES.—Section 170 c. of the Atomic

23 Energy Act of 1954 (42 U.S.C. 2210(c)) is amended—

24 (1) in the subsection heading, by striking ‘‘LI25 CENSES’’ and inserting ‘‘LICENSEES’’; and
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1 (2) by striking ‘‘August 1, 2002’’ each place it

2 appears and inserting ‘‘August 1, 2012’’.

3 (b) INDEMNIFICATION OF DEPARTMENT OF ENERGY

4 CONTRACTORS.—Section 170 d.(1)(A) of the Atomic En5 ergy Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is amended

6 by striking ‘‘, until August 1, 2002,’’.

7 (c) INDEMNIFICATION OF NONPROFIT EDUCATIONAL

8 INSTITUTIONS.—Section 170 k. of the Atomic Energy Act

9 of 1954 (42 U.S.C. 2210(k)) is amended by striking ‘‘Au10 gust 1, 2002’’ each place it appears and inserting ‘‘August

11 1, 2012’’.

12 SEC. 103. MAXIMUM ASSESSMENT.

13 Section 170 b.(1) of the Atomic Energy Act of 1954

14 (42 U.S.C. 2210(b)(1)) is amended in the second proviso

15 of the third sentence by striking ‘‘$10,000,000’’ and in16 serting ‘‘$20,000,000’’.

17 SEC. 104. DEPARTMENT OF ENERGY LIABILITY LIMIT.

18 (a) AGGREGATE LIABILITY LIMIT.—Section 170 d.

19 of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d))

20 is amended by striking paragraph (2) and inserting the

21 following:

22 ‘‘(2) LIABILITY LIMIT.—In an agreement of indem23 nification entered into under paragraph (1), the

24 Secretary—
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1 ‘‘(A) may require the contractor to provide and

2 maintain the financial protection of such a type and

3 in such amounts as the Secretary shall determine to

4 be appropriate to cover public liability arising out of

5 or in connection with the contractual activity; and

6 ‘‘(B) shall indemnify the persons indemnified

7 against such liability above the amount of the finan8 cial protection required, in the amount of

9 $10,000,000,000 (subject to adjustment for inflation

10 under subsection t.), in the aggregate, for all per11 sons indemnified in connection with the contract and

12 for each nuclear incident, including such legal costs

13 of the contractor as are approved by the Secretary.’’.

14 (b) CONTRACT AMENDMENTS.—Section 170 d. of the

15 Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is

16 amended by striking paragraph (3) and inserting the fol17 lowing:

18 ‘‘(3) CONTRACT AMENDMENTS.—All agreements of

19 indemnification under which the Department of Energy

20 (or its predecessor agencies) may be required to indemnify

21 any person shall be deemed to be amended, on the date

22 of enactment of the Price-Anderson Amendments Act of

23 2001, to reflect the amount of indemnity for public liabil24 ity and any applicable financial protection required of the

25 contractor under this subsection on that date.’’.
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1 SEC. 105. INCIDENTS OUTSIDE THE UNITED STATES.

2 (a) AMOUNT OF INDEMNIFICATION.—Section 170

3 d.(5) of the Atomic Energy Act of 1954 (42 U.S.C.

4 2210(d)(5)) is amended by striking ‘‘$100,000,000’’ and

5 inserting ‘‘$500,000,000’’.

6 (b) LIABILITY LIMIT.—Section 170 e.(4) of the

7 Atomic Energy Act of 1954 (42 U.S.C. 2210(e)(4)) is

8 amended by striking ‘‘$100,000,000’’ and inserting

9 ‘‘$500,000,000’’.

10 SEC. 106. REPORTS.

11 Section 170 p. of the Atomic Energy Act of 1954 (42

12 U.S.C. 2210(p)) is amended by striking ‘‘August 1, 1998’’

13 and inserting ‘‘August 1, 2008’’.

14 SEC. 107. INFLATION ADJUSTMENT.

15 Section 170 t. of the Atomic Energy Act of 1954 (42

16 U.S.C. 2210(t)) is amended—

17 (1) by redesignating paragraph (2) as para18 graph (3); and

19 (2) by adding after paragraph (1) the following:

20 ‘‘(2) ADJUSTMENT.—The Secretary shall adjust the

21 amount of indemnification provided under an agreement

22 of indemnification under subsection d. not less than once

23 during each 5-year period following the date of enactment

24 of the Price-Anderson Amendments Act of 2001, in ac25 cordance with the aggregate percentage change in the

26 Consumer Price Index since—
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1 ‘‘(A) that date of enactment, in the case of the

2 first adjustment under this subsection; or

3 ‘‘(B) the previous adjustment under this sub4 section.’’.

5 SEC. 108. CIVIL PENALTIES.

6 (a) REPEAL OF AUTOMATIC REMISSION.—Section

7 234A b.(2) of the Atomic Energy Act of 1954 (42 U.S.C.

8 2282a(b)(2)) is amended by striking the last sentence.

9 (b) LIMITATION FOR NONPROFIT INSTITUTIONS.—

10 Section 234A of the Atomic Energy Act of 1954 (42

11 U.S.C. 2282a) is amended by striking subsection d. and

12 inserting the following:

13 ‘‘d. Notwithstanding subsection a., no contractor,

14 subcontractor, or supplier of the Department of Energy

15 that is an organization described in section 501(c)(3) of

16 the Internal Revenue Code of 1986 that is exempt from

17 taxation under section 501(a) of the Code shall be subject

18 to a civil penalty under this section in any fiscal year in

19 excess of the amount of any performance fee paid by the

20 Secretary during that fiscal year to the contractor, sub21 contractor, or supplier under the contract under which a

22 violation occurs.’’.

23 SEC. 109. APPLICABILITY.

24 (a) INDEMNIFICATION PROVISIONS.—The amend25 ments made by sections 103, 104, and 105 do not apply
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1 to a nuclear incident that occurs before the date of enact2 ment of this Act.

3 (b) CIVIL PENALTY PROVISIONS.—The amendments

4 made by section 108(b) do not apply to a violation that

5 occurs under a contract entered into before the date of

6 enactment of this Act.

7 Subtitle B—Leadership of the Of8 fice of Nuclear Energy, Science

9 and Technology and the Office

10 of Science

11 SEC. 111. ASSISTANT SECRETARIES.

12 (a) IN GENERAL.—Section 203(a) of the Department

13 of Energy Organization Act (42 U.S.C. 7133(a)) is

14 amended in the matter preceding paragraph (1) by strik15 ing ‘‘six’’ and inserting ‘‘eight’’.

16 (b) FUNCTIONS.—On appointment of the 2 additional

17 Assistant Secretaries of Energy under the amendment

18 made by subsection (a), the Secretary shall assign—

19 (1) to one of the Assistant Secretaries, who

20 shall be the Assistant Secretary of Nuclear Energy,

21 Science and Technology, the responsibility for over22 seeing and administering the Office of Nuclear En23 ergy, Science and Technology; and

24 (2) to the other of the Assistant Secretaries,

25 who shall be the Assistant Secretary for Science, the
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1 responsibility for overseeing and administering the

2 Office of Science.

3 Subtitle C—Funding of Certain

4 Department of Energy Programs

5 SEC. 121. NUCLEAR ENERGY RESEARCH INITIATIVE.

6 (a) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to the Secretary for a

8 Nuclear Energy Research Initiative to be managed by the

9 Assistant Secretary for Nuclear Energy, Science and

10 Technology for grants to be competitively awarded and

11 subject to peer review for research relating to nuclear

12 energy—

13 (1) $60,000,000 for fiscal year 2002; and

14 (2) such sums as are necessary for fiscal years

15 2003 through 2006.

16 (b) REPORTS.—The Secretary shall submit to the

17 Committee on Science and the Committee on Appropria18 tions of the House of Representatives, and to the Com19 mittee on Energy and Natural Resources and the Com20 mittee on Appropriations of the Senate an annual report

21 on the activities of the Nuclear Energy Research Initia22 tive.

23 SEC. 122. NUCLEAR PLANT OPTIMIZATION PROGRAM.

24 (a) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated to the Secretary for a
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1 Nuclear Plant Optimization Program to be managed by

2 the Assistant Secretary for Nuclear Energy, Science and

3 Technology for a joint program with industry cost-shared

4 by at least 50 percent and subject to annual review by

5 the Secretary of Energy’s Nuclear Energy Research Advi6 sory Committee—

7 (1) $15,000,000 for fiscal year 2002; and

8 (2) such sums as are necessary for fiscal years

9 2003 through 2006.

10 (b) REPORTS.—The Secretary shall submit to the

11 Committee on Science and the Committee on Appropria12 tions of the House of Representatives, and to the Com13 mittee on Energy and Natural Resources and the Com14 mittee on Appropriations of the Senate an annual report

15 on the activities of the Nuclear Plant Optimization Pro16 gram.

17 SEC. 123. UPRATING OF NUCLEAR PLANT OPERATIONS.

18 (a) PAYMENT OF COMMISSION USER FEES.—The

19 Secretary shall reimburse all user fees incurred by a li20 censee of a nuclear plant for obtaining the approval of the

21 Commission to achieve a permanent increase in the rated

22 electricity capacity of the licensee’s nuclear plant if the

23 licensee provides information indicating to the satisfaction

24 of the Secretary that the licensee will achieve the increased

25 capacity before December 31, 2004.
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1 (b) PREFERENCE.—Preference shall be given by the

2 Secretary to reimbursing projects in which a single

3 uprating operation can benefit multiple domestic nuclear

4 power reactors.

5 (c) INCENTIVE PAYMENTS.—

6 (1) IN GENERAL.—In addition to payments

7 made under subsection (b), the Secretary shall offer

8 an incentive payment equal to 10 percent of the cap9 ital improvement cost resulting in a permanent in10 crease of at least 5 percent in the rated electricity

11 capacity of the licensee’s nuclear plant if the licensee

12 provides information indicating to the satisfaction of

13 the Secretary that the licensee will achieve the in14 creased capacity rating before December 31, 2004.

15 (2) LIMITATION.—No incentive payment under

16 paragraph (1) associated with any single nuclear

17 plant shall exceed $1,000,000.

18 (d) CONDITION OF PAYMENT.—Payments made

19 under subsection (a) or (c) shall be made on the condition

20 that they will be repaid to the Secretary if the licensee

21 fails to achieve the appropriate increased capacity rating

22 before December 31, 2004.

23 (e) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated to the Secretary to carry
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1 out this section $15,000,000 for each of fiscal years 2002,

2 2003, and 2004.

3 SEC. 124. UNIVERSITY PROGRAMS.

4 (a) IN GENERAL.—The Secretary may, as provided

5 in this section, provide grants and other forms of payment

6 to further the national goal of producing well-educated

7 graduates in nuclear engineering and closely related spe8 cialties that support nuclear energy programs such as

9 health physics, actinide chemistry, and material sciences.

10 (b) SUPPORT FOR UNIVERSITY RESEARCH REAC11 TORS.—The Secretary may provide grants and other

12 forms of payments for plant upgrading to universities in

13 the United States that operate and maintain nuclear re14 search reactors.

15 (c) SUPPORT FOR UNIVERSITY RESEARCH AND DE16 VELOPMENT.—The Secretary may provide grants and

17 other forms of payment for research and development

18 work by faculty, staff, and students associated with nu19 clear engineering programs and closely related specialties

20 at universities in the United States.

21 (d) SUPPORT FOR NUCLEAR ENGINEERING STU22 DENTS AND FACULTY.—The Secretary may provide fel23 lowships, scholarships, and other support to students and

24 to departments of nuclear engineering and closely related

25 specialties at universities in the United States.
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to the Secretary to carry

3 out this section—

4 (1) $34,200,000 for fiscal year 2002, of

5 which—

6 (A) $13,000,000 shall be available to carry

7 out subsection (b);

8 (B) $10,200,000 shall be available to carry

9 out subsection (c); and

10 (C) $11,000,000 shall be available to carry

11 out subsection (d); and

12 (2) such sums as are necessary for subsequent

13 fiscal years.

14 At least 20 percent of the amounts appropriated pursuant

15 to paragraph (1)(B), and pursuant to paragraph (1)(C),

16 shall be available to support health physics programs.

17 SEC. 125. PROHIBITION OF COMMERCIAL SALES OF URA18 NIUM AND CONVERSION HELD BY THE DE19 PARTMENT OF ENERGY UNTIL 2005.

20 Section 3112(b) of the USEC Privatization Act (42

21 U.S.C. 2297h–10(b)) is amended by striking paragraph

22 (2) and inserting the following:

23 ‘‘(2) SALE OF URANIUM HEXAFLUORIDE.—

24 ‘‘(A) IN GENERAL.—The Secretary shall—
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1 ‘‘(i) sell and receive payment for the

2 uranium hexafluoride transferred to the

3 Secretary under paragraph (1); and

4 ‘‘(ii) refrain from sales of the Depart5 ment’s surplus natural uranium and con6 version services through 2005 (except

7 minor quantities associated with site clean8 up projects or the Department of Energy

9 research reactor sales program).

10 ‘‘(B) REQUIREMENTS.—Under subpara11 graph (A)(i), uranium hexafluoride shall be sold

12 in 2006 for consumption by end users in the

13 United States not before January 1, 2007, and

14 in subsequent years, in volumes not to exceed

15 3,000,000 pounds U3O8 equivalent per year.’’.

16 SEC. 126. COOPERATIVE RESEARCH AND DEVELOPMENT

17 AND SPECIAL DEMONSTRATION PROJECTS

18 FOR THE URANIUM MINING INDUSTRY.

19 There are authorized to be appropriated to the Sec20 retary $10,000,000 for each of fiscal years 2002, 2003,

21 and 2004 for—

22 (1) cooperative, cost-shared, agreements be23 tween the Department of Energy and the domestic

24 uranium mining industry to identify, test, and de25 velop improved in-situ leaching mining technologies,
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1 including low-cost environmental restoration tech2 nologies that may be applied to sites after comple3 tion of in-situ leaching operations; and

4 (2) funding for competitively selected dem5 onstration projects with the domestic uranium min6 ing industry relating to—

7 (A) enhanced production with minimal en8 vironmental impact;

9 (B) restoration of well fields; and

10 (C) decommissioning and decontamination

11 activities.

12 SEC. 127. MIXED OXIDE FUEL PROGRAM.

13 (a) FINDINGS.—The Congress finds that—

14 (1) the United States and Russia signed a Plu15 tonium Management and Disposition agreement on

16 September 1, 2000;

17 (2) that agreement directs that 34 metric tons

18 of plutonium from each country’s weapons stockpile

19 be converted to a usable mixed oxide fuel to be

20 burned in commercial reactors;

21 (3) that agreement would eliminate for the

22 United States the long-term storage costs of pluto23 nium at 5 Government sites in this country;
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1 (4) those ongoing storage costs will far exceed

2 the conversion costs if the stockpiled plutonium is

3 left in its current state;

4 (5) it is safer and more cost-effective for the

5 United States to convert stockpiled plutonium into

6 mixed oxide fuel than to not do so;

7 (6) the Plutonium Management and Disposition

8 agreement should be implemented; and

9 (7) construction of the Mixed Oxide Fuel Fab10 rication Facility, as provided in the Plutonium Man11 agement and Disposition agreement, will facilitate

12 the cleanup of several Department of Energy former

13 weapons sites, at significant cost savings to the Fed14 eral Government.

15 (b) CONSTRUCTION OF FACILITY.—The Secretary of

16 Energy shall begin the construction of the Mixed Oxide

17 Fuel Fabrication Facility by October of 2003, as provided

18 in the Plutonium Management and Disposition agreement

19 entered into between the United States and Russia on

20 September 1, 2000.

21 SEC. 128. MAINTENANCE OF A VIABLE DOMESTIC URANIUM

22 CONVERSION INDUSTRY.

23 (a) IN GENERAL.—For Department of Energy ex24 penses necessary in providing to Converdyn Incorporated

25 a payment for losses associated with providing conversion
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1 services for the production of low-enriched uranium (ex2 cluding imports related to actions taken under the United

3 States/Russia HEU Agreement), there are authorized to

4 be appropriated $8,000,000 for each of fiscal years 2002,

5 2003, and 2004.

6 (b) RATE.—The payment shall be at a rate, deter7 mined by the Secretary, that—

8 (1)(A) is based on the difference between

9 Converdyn’s costs and its sale price for providing

10 conversion services for the production of low-en11 riched uranium fuel; but

12 (B) does not exceed the amount appropriated

13 under subsection (a); and

14 (2) shall be contingent on submission to the

15 Secretary of a financial statement satisfactory to the

16 Secretary that is certified by an independent auditor

17 for each year.

18 (c) TIMING.—A payment under subsection (a) shall

19 be provided as soon as practicable after receipt and

20 verification of the financial statement submitted under

21 subsection (b).

22 SEC. 129. PORTSMOUTH GASEOUS DIFFUSION PLANT.

23 (a) IN GENERAL.—The Secretary may proceed with

24 actions required to place and maintain appropriate por-
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1 tions of the Portsmouth Gaseous Diffusion Plant into cold

2 standby condition for a period of up to 5 years.

3 (b) PLANT CONDITION.—In the cold standby condi4 tion, the plant shall be in a condition that—

5 (1) would allow its restart, for production of

6 3,000,000 separative work units per year, to meet

7 domestic demand for enrichment services; and

8 (2) will facilitate the future decontamination

9 and decommissioning of the plant.

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated to the Secretary to carry

12 out this section—

13 (1) $36,000,000 for fiscal year 2002; and

14 (2) such sums as are necessary for fiscal years

15 2003, 2004, and 2005.

16 SEC. 130. NUCLEAR GENERATION REPORT.

17 (a) IN GENERAL.—Not later than 180 days after the

18 date of enactment of this Act, the Commission shall sub19 mit to Congress a report on the state of nuclear power

20 generation in the United States.

21 (b) CONTENTS.—The report shall—

22 (1) provide current and historical detail

23 regarding—
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1 (A) the number of commercial nuclear

2 plants and the amount of electricity generated;

3 and

4 (B) the safety record of commercial nu5 clear plants;

6 (2) review the status of the relicensing process

7 for commercial nuclear plants, including—

8 (A) current and anticipated applications;

9 and

10 (B) for each current and anticipated

11 application—

12 (i) the anticipated length of time for

13 a license renewal application to be proc14 essed; and

15 (ii) the current and anticipated costs

16 of each license renewal;

17 (3) assess the capability of the Commission to

18 evaluate licenses for new advanced reactor designs

19 and discuss the confirmatory and anticipatory re20 search activities needed to support that capability;

21 (4) detail the efforts of the Commission to pre22 pare for potential new commercial nuclear plants, in23 cluding evaluation of any new plant design and the

24 licensing process for nuclear plants;
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1 (5) state the anticipated length of time for a

2 new plant license to be processed and the anticipated

3 cost of such a process; and

4 (6) include recommendations for improvements

5 in each of the processes reviewed.

6 TITLE II—CONSTRUCTION OF

7 NUCLEAR PLANTS

8 SEC. 201. RESEARCH PROGRAM.

9 The Commission shall develop a research program to

10 support regulatory actions relating to new nuclear plant

11 technologies.

12 SEC. 202. NUCLEAR PLANT COMPLETION INITIATIVE.

13 (a) INFORMATION.—The Secretary shall solicit such

14 information as may be useful in carrying out this section

15 on United States nuclear plants requiring additional cap16 ital investment before becoming operational or being re17 turned to operation.

18 (b) IDENTIFICATION OF NUCLEAR PLANTS.—The

19 Secretary shall convene a panel of experts to—

20 (1) review information obtained under sub21 section (a); and

22 (2) identify which nuclear plants should be in23 cluded in the assessment under subsection (c).

24 (c) TECHNICAL AND ECONOMIC COMPLETION AS25 SESSMENT.—On completion of the identification of can-
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1 didate nuclear plants under subsection (b)(2), the Sec2 retary shall commence a detailed technical and economic

3 completion assessment that includes, on a unit-specific

4 basis, all technical and economic information necessary to

5 permit a decision on the feasibility of completing work on

6 and operating or returning to operation any or all of the

7 nuclear plants identified under subsection (b)(2) by De8 cember 31, 2004.

9 (d) SOLICITATION OF PROPOSALS.—After making

10 the results of the assessment under subsection (c) avail11 able to the public, the Secretary shall issue a solicitation

12 of offers for proposals for completing construction on any

13 or all of the nuclear plants assessed under subsection (c).

14 (e) SELECTION OF PROPOSALS.—

15 (1) IN GENERAL.—The Secretary shall recon16 vene the panel of experts designated under sub17 section (b) to review and select the nuclear plants to

18 be included in the report submitted under subsection

19 (f), taking into consideration any or all of the fol20 lowing factors:

21 (A) Location of the nuclear plant and the

22 regional need for expanded power capability.

23 (B) Time to completion.

24 (C) Economic and technical viability for

25 completion of the nuclear plant.
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1 (D) Financial capability of the offeror.

2 (E) Extent of support from regional and

3 State officials.

4 (F) Experience and past performance of

5 the offeror in siting, constructing, or operating

6 nuclear plants.

7 (G) Lowest cost to the Government.

8 (2) REGIONAL AND STATE SUPPORT.—No pro9 posal shall be included in the report submitted under

10 subsection (f) without endorsement by the State

11 Governor and by the elected governing bodies of

12 each political subdivision in which the nuclear plant

13 is located.

14 (f) REPORT TO CONGRESS.—

15 (1) IN GENERAL.—Not later than June 1,

16 2002, the Secretary shall submit to Congress a re17 port describing the nuclear plants selected for com18 pletion under subsection (e).

19 (2) CONTENTS.—The report shall—

20 (A) detail the findings under each of the

21 criteria specified in subsection (e); and

22 (B) include recommendations for action by

23 Congress to authorize actions to expedite com24 pletion of the nuclear plants.
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1 (3) CONSIDERATIONS.—In making rec2 ommendations under paragraph (2)(B), the Sec3 retary shall consider—

4 (A) the advisability of authorizing payment

5 by the Government of Commission user fees (in6 cluding consideration of the estimated cost to

7 the Government of paying such fees); and

8 (B) other appropriate considerations.

9 (g) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated to the Secretary to carry

11 out this section $3,000,000 for fiscal year 2002.

12 SEC. 203. EARLY SITE PERMIT DEMONSTRATION PROGRAM.

13 (a) IN GENERAL.—The Secretary shall initiate a pro14 gram of Government/private partnership demonstration

15 projects to encourage private sector applications to the

16 Commission for approval of sites that are potentially suit17 able to be used for the construction of future nuclear

18 plants.

19 (b) SOLICITATION OF PROPOSALS.—Not later than

20 60 days after the date of enactment of this Act, the Sec21 retary shall issue a solicitation of offers for proposals from

22 private sector entities to enter into partnerships with the

23 Secretary to demonstrate the early site permit process.

24 (c) LIST OF APPROVED SITES.—The Secretary shall

25 create a list of approved sites by December 31, 2003.
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1 (d) CRITERIA FOR PROPOSALS.—A proposal sub2 mitted under subsection (b) shall—

3 (1) identify a site owned by the offeror (except

4 as provided in subsection (e)(2)) that is suitable for

5 the construction and operation of a new nuclear

6 plant; and

7 (2) state the agreement of the offeror to pay

not less than 1 8 ⁄2 of the costs of—

9 (A) preparation of an application to the

10 Commission for an early site permit for the site

11 identified under paragraph (1); and

12 (B) review of the application by the Com13 mission.

14 (e) SELECTION OF PROPOSALS.—(1) The Secretary

15 shall establish a competitive process to review and select

16 the projects to be pursued, taking into consideration the

17 following:

18 (A) Time to prepare the application.

19 (B) Site qualities or characteristics that could

20 affect the duration of application review.

21 (C) The financial capability of the offeror.

22 (D) The experience of the offeror in siting, con23 structing, or operating nuclear plants.

24 (E) The support of regional and State officials.
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1 (F) The need for new electricity supply in the

2 vicinity of the site, or proximity to suitable trans3 mission lines.

4 (G) Lowest cost to the Government.

5 (2) At least one of the proposals selected under this

6 subsection shall propose a site on Department of Energy

7 land.

8 (f) COOPERATIVE AGREEMENTS.—The Secretary

9 may enter into cooperative agreements with up to 3

10 offerors selected through the competitive process to pay

not more than 1 11 ⁄2 of the costs incurred by the parties to

12 the agreements for—

13 (1) preparation of an application to the Com14 mission for an early site permit for the site; and

15 (2) review of the application by the Commis16 sion.

17 (g) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to the Secretary to carry

19 out this section $15,000,000 for each of fiscal years 2002

20 and 2003, to remain available until expended.

21 SEC. 204. NUCLEAR ENERGY TECHNOLOGY STUDY FOR

22 GENERATION IV REACTORS.

23 (a) IN GENERAL.—The Secretary shall conduct a

24 study of Generation IV nuclear energy systems, including

25 development of a technology roadmap and performance of
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1 research and development necessary to make an informed

2 technical decision regarding the most promising can3 didates for commercial deployment.

4 (b) UPGRADES AND ADDITIONS.—The Secretary may

5 make upgrades or additions to public or private nuclear

6 energy research facility infrastructure as needed to carry

7 out the study under subsection (a).

8 (c) REACTOR CHARACTERISTICS.—To the extent

9 practicable, in conducting the study under subsection (a),

10 the Secretary shall study nuclear energy systems that offer

11 the highest probability of achieving the goals for Genera12 tion IV nuclear energy systems, including—

13 (1) economics competitive with natural gas14 fueled generators;

15 (2) enhanced safety features, including passive

16 safety features;

17 (3) substantially reduced production of high18 level waste, as compared with the quantity of waste

19 produced by reactors in operation on the date of en20 actment of this Act;

21 (4) highly proliferation-resistant fuel and waste;

22 (5) sustainable energy generation including op23 timized fuel utilization; and
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1 (6) substantially improved thermal efficiency, as

2 compared with the thermal efficiency of reactors in

3 operation on the date of enactment of this Act.

4 (d) CONSULTATION.—In conducting the study under

5 subsection (a), the Secretary shall consult with—

6 (1) the Commission, with respect to evaluation

7 of regulatory issues; and

8 (2) the International Atomic Energy Agency,

9 with respect to international safeguards.

10 (e) REPORT.—

11 (1) IN GENERAL.—Not later than December 31,

12 2002, the Secretary shall submit to Congress a re13 port describing the activities of the Secretary under

14 this section, and plans for research and development

15 leading to a public/private cooperative demonstration

16 of one or more Generation IV nuclear energy sys17 tems.

18 (2) CONTENTS.—The report shall contain—

19 (A) an assessment of all available tech20 nologies;

21 (B) a summary of actions needed for the

22 most promising candidates to be considered as

23 viable commercial options within the five to ten

24 years after the date of the report, with consid-
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1 eration of regulatory, economic, and technical

2 issues;

3 (C) a recommendation of not more than

4 three promising Generation IV nuclear energy

5 system concepts for further development;

6 (D) an evaluation of opportunities for pub7 lic/private partnerships;

8 (E) a recommendation for structure of a

9 public/private partnership to share in develop10 ment and construction costs;

11 (F) a plan leading to the selection and con12 ceptual design, by September 30, 2004, of at

13 least one Generation IV nuclear energy system

14 for demonstration through a public/private

15 partnership;

16 (G) an evaluation of opportunities for

17 siting demonstration facilities on Department of

18 Energy land; and

19 (H) a recommendation for appropriate in20 volvement of the Commission.

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There

22 are authorized to be appropriated to the Secretary to carry

23 out this section and to carry out the recommendations in

24 the report submitted under subsection (e)—

25 (1) $50,000,000 for fiscal year 2002; and
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1 (2) such sums as are necessary for fiscal years

2 2003 through 2006.

3 SEC. 205. RESEARCH SUPPORTING REGULATORY PROC4 ESSES FOR NEW REACTOR TECHNOLOGIES

5 AND DESIGNS.

6 (a) IN GENERAL.—The Commission shall develop a

7 comprehensive research program to support resolution of

8 potential licensing issues associated with new reactor con9 cepts and new technologies that may be incorporated into

10 new or current designs of nuclear plants.

11 (b) IDENTIFICATION OF CANDIDATE DESIGNS.—The

12 Commission shall work with the Office of Nuclear Energy,

13 Science and Technology and the nuclear industry to iden14 tify candidate designs to be addressed by the program.

15 (c) ACTIVITIES TO BE INCLUDED.—The research

16 shall include—

17 (1) modeling, analyses, tests, and experiments

18 with respect to total system behavior and response

19 to hypothesized accidents; and

20 (2) consideration of new reactor technologies

21 that may affect—

22 (A) risk-informed licensing of new nuclear

23 plants;

24 (B) behavior of advanced fuels;
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1 (C) evolving environmental considerations

2 relative to spent fuel management and health

3 effect standards;

4 (D) new technologies (such as advanced

5 sensors, digital instrumentation, and control)

6 and human factors that affect the application of

7 new technology to current nuclear plants; and

8 (E) other emerging technical issues.

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated to the Commission to

11 carry out this section—

12 (1) $25,000,000 for fiscal year 2002; and

13 (2) such sums as are necessary for subsequent

14 fiscal years.

15 TITLE III—EVALUATIONS OF

16 NUCLEAR ENERGY

17 SEC. 301. ENVIRONMENTALLY PREFERABLE PURCHASING.

18 (a) ACQUISITION.—For the purposes of Executive

19 Order No. 13101 (3 C.F.R. 210 (1998)) and policies es20 tablished by the Office of Federal Procurement Policy or

21 other executive branch offices for the acquisition or use

22 of environmentally preferable products (as defined in sec23 tion 201 of the Executive order), electricity generated by

24 a nuclear plant shall be considered to be an environ25 mentally preferable product.
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1 (b) PROCUREMENT.—No Federal procurement policy

2 or program may—

3 (1) discriminate against or exclude nuclear gen4 erated electricity in making purchasing decisions; or

5 (2) subscribe to product certification programs

6 or recommend product purchases that exclude nu7 clear-generated electricity.

8 SEC. 302. EMISSION-FREE CONTROL MEASURES UNDER A

9 STATE IMPLEMENTATION PLAN.

10 (a) DEFINITIONS.—In this section:

11 (1) CRITERIA AIR POLLUTANT.—The term ‘‘cri12 teria air pollutant’’ means a pollutant listed under

13 section 108(a) of the Clean Air Act (42 U.S.C.

14 7408(a)).

15 (2) EMISSION-FREE ELECTRICITY SOURCE.—

16 The term ‘‘emission-free electricity source’’ means—

17 (A) a facility that generates electricity

18 without emitting criteria pollutants, hazardous

19 pollutants, or greenhouse gases as a result of

20 onsite operations of the facility; and

21 (B) a facility that generates electricity

22 using nuclear fuel that meets all applicable

23 standards for radiological emissions under sec24 tion 112 of the Clean Air Act (42 U.S.C.

25 7412).
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1 (3) GREENHOUSE GAS.—The term ‘‘greenhouse

2 gas’’ means a natural or anthropogenic gaseous con3 stituent of the atmosphere that absorbs and re-emits

4 infrared radiation.

5 (4) HAZARDOUS POLLUTANT.—The term ‘‘haz6 ardous pollutant’’ has the meaning given the term in

7 section 112(a) of the Clean Air Act (42 U.S.C.

8 7412(a)).

9 (5) IMPROVEMENT IN AVAILABILITY.—The

10 term ‘‘improvement in availability’’ means an in11 crease in the amount of electricity produced by an

12 emission-free electricity source that provides a com13 mensurate reduction in output from emitting

14 sources.

15 (6) INCREASED EMISSION-FREE CAPACITY

16 PROJECT.—The term ‘‘increased emission-free ca17 pacity project’’ means a project to construct an

18 emission-free electricity source or increase the rated

19 capacity of an existing emission-free electricity

20 source.

21 (b) TREATMENT OF CERTAIN STATE ACTIONS AS

22 CONTROL MEASURES.—An action taken by a State to

23 support the continued operation of an emission-free elec24 tricity source or to support an improvement in availability

25 or an increased emission-free capacity project shall be con-
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1 sidered to be a control measure for the purposes of section

2 110(a) of the Clean Air Act (42 U.S.C. 7410(a)).

3 (c) ECONOMIC INCENTIVE PROGRAMS.—

4 (1) CRITERIA AIR POLLUTANTS AND HAZ5 ARDOUS POLLUTANTS.—Emissions of criteria air

6 pollutants or hazardous pollutants prevented or

7 avoided by an improvement in availability or the op8 eration of increased emission-free capacity shall be

9 eligible for, and may not be excluded from, incentive

10 programs used as control measures, including pro11 grams authorizing emission trades, revolving loan

12 funds, tax benefits, and special financing programs.

13 (2) GREENHOUSE GASES.—Emissions of green14 house gases prevented or avoided by an improvement

15 in availability or the operation of increased emission16 free capacity shall be eligible for, and may not be ex17 cluded from, incentive programs used as control

18 measures on the national, regional, State, or local

19 level.

20 SEC. 303. PROHIBITION OF DISCRIMINATION AGAINST

21 EMISSION-FREE ELECTRICITY PROJECTS IN

22 INTERNATIONAL DEVELOPMENT PROGRAMS.

23 (a) PROHIBITION.—No Federal funds shall be used

24 to support a domestic or international organization en25 gaged in the financing, development, insuring, or under-
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1 writing of emission-free electricity production facilities if

2 the organization fails to make reasonable efforts to include

3 projects that use nuclear plants.

4 (b) REQUEST FOR POLICIES.—The Secretary of En5 ergy shall request copies of all written policies regarding

6 the eligibility of nuclear plants for funding or support

7 from international or domestic organizations engaged in

8 the financing, development, insuring, or underwriting of

9 emission-free electricity production facilities, including—

10 (1) the Agency for International Development;

11 (2) the World Bank;

12 (3) the Overseas Private Investment Corpora13 tion;

14 (4) the International Monetary Fund; and

15 (5) the Export-Import Bank.

16 TITLE IV—DEVELOPMENT OF

17 NATIONAL SPENT NUCLEAR

18 FUEL STRATEGY

19 SEC. 401. FINDING.

20 Congress finds that national policy on spent nuclear

21 fuel may evolve with time as improved technologies for

22 spent fuel are developed or as national energy needs

23 evolve.
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1 SEC. 402. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.

2 (a) DEFINITION.—In this section the term ‘‘Associate

3 Director’’ means the Associate Director of the Office of

4 Spent Nuclear Fuel Research established by subsection

5 (b).

6 (b) ESTABLISHMENT.—There is established an Office

7 of Spent Nuclear Fuel Research within the Office of Nu8 clear Energy, Science and Technology of the Department

9 of Energy.

10 (c) HEAD OF OFFICE.—The Office of Spent Nuclear

11 Fuel Research shall be headed by the Associate Director,

12 who shall be a member of the Senior Executive Service

13 appointed by the Director of the Office of Nuclear Energy,

14 Science and Technology, and compensated at a rate deter15 mined by applicable law.

16 (d) DUTIES OF THE ASSOCIATE DIRECTOR.—

17 (1) PARTICIPATION.—The Associate Director

18 shall coordinate the participation of national labora19 tories, other Department of Energy facilities, univer20 sities, the commercial nuclear industry, and other

21 organizations in the investigation of technologies for

22 the treatment, recycling, and disposal of spent nu23 clear fuel and high-level radioactive waste.

24 (2) ACTIVITIES.—The Associate Director

25 shall—
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1 (A) develop a research plan to provide rec2 ommendations to the Secretary by 2015;

3 (B) identify promising technologies for the

4 treatment, recycling, and disposal of spent nu5 clear fuel and high-level radioactive waste;

6 (C) conduct research, development, and

7 demonstration activities for promising tech8 nologies;

9 (D) ensure that all activities include as key

10 objectives minimization of proliferation concerns

11 and risk to health of the general public or site

12 workers, as well as development of cost-effective

13 technologies;

14 (E) require research on both reactor-based

15 and accelerator-based transmutation systems;

16 (F) require research on advanced proc17 essing and separations;

18 (G) include participation of international

19 collaborators in research efforts, and provide

20 funding to a collaborator that brings unique ca21 pabilities not available in the United States if

22 the country in which the collaborator is located

23 is unable to provide support; and

24 (H) ensure that research efforts are co25 ordinated with research on advanced fuel cycles
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1 and reactors conducted by the Office of Nuclear

2 Energy, Science and Technology.

3 (e) GRANT AND CONTRACT AUTHORITY.—The Sec4 retary may make grants, or enter into contracts, for the

5 purposes of the research projects and activities described

6 in subsection (d)(2).

7 (f) REPORT.—The Associate Director shall annually

8 submit to Congress a report on the activities and expendi9 tures of the Office that describes the progress being made

10 in achieving the objectives of this section.

11 SEC. 403. ADVANCED FUEL RECYCLING TECHNOLOGY DE12 VELOPMENT PROGRAM.

13 (a) IN GENERAL.—The Secretary, acting through the

14 Director of the Office of Nuclear Energy, Science and

15 Technology, shall conduct an advanced fuel recycling tech16 nology research and development program to further the

17 availability of electrometallurgical technology as a pro18 liferation-resistant alternative to aqueous reprocessing in

19 support of evaluation of alternative national strategies for

20 spent nuclear fuel and the Generation IV advanced reactor

21 concepts, subject to annual review by the Nuclear Energy

22 Research Advisory Committee.

23 (b) REPORTS.—The Secretary shall submit to the

24 Committee on Science and the Committee on Appropria25 tions of the House of Representatives and the Committee
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1 on Energy and Natural Resources and the Committee on

2 Appropriations of the Senate an annual report on the ac3 tivities of the advanced fuel recycling technology develop4 ment program.

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated to the Secretary to carry

7 out this section—

8 (1) $10,000,000 for fiscal year 2002; and

9 (2) such sums as are necessary for fiscal years

10 2003 through 2006.

11 TITLE V—NATIONAL

12 ACCELERATOR SITE

13 SEC. 501. FINDINGS.

14 Congress finds that—

15 (1)(A) high-current proton accelerators are ca16 pable of producing significant quantities of neutrons

17 through the spallation process without using a crit18 ical assembly; and

19 (B) the availability of high-neutron fluences en20 ables a wide range of missions of major national im21 portance to be conducted;

22 (2)(A) public acceptance of repositories, wheth23 er for spent fuel or for final waste products from

24 spent fuel, may be enhanced if the radio-toxicity of

25 the materials in the repository can be reduced;
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1 (B) transmutation of long-lived radioactive spe2 cies by an intense neutron source provides an ap3 proach to such a reduction in toxicity; and

4 (C) research and development in this area

5 (which, when the source of neutrons is derived from

6 an accelerator, is called ‘‘accelerator transmutation

7 of waste’’) should be an important part of a national

8 spent fuel strategy;

9 (3)(A) nuclear weapons require a reliable source

10 of tritium;

11 (B) the Department of Energy has identified

12 production of tritium in a commercial light water re13 actor as the first option to be pursued;

14 (C) the importance of tritium supply is of suffi15 cient magnitude that a backup technology should be

16 demonstrated and available for rapid scale-up to full

17 requirements;

18 (D) evaluation of tritium production by a high19 current accelerator has been underway; and

20 (E) accelerator production of tritium should be

21 demonstrated, so that the capability can be scaled

22 up to levels required for the weapons stockpile if dif23 ficulties arise with the reactor approach;

24 (4)(A) radioisotopes are required in many med25 ical procedures;
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1 (B) research on new medical procedures is ad2 versely affected by the limited availability of produc3 tion facilities for certain radioisotopes; and

4 (C) high-current accelerators are an important

5 source of radioisotopes, and are best suited for pro6 duction of proton-rich isotopes; and

7 (5)(A) a spallation source provides a continuum

8 of neutron energies; and

9 (B) the energy spectrum of neutrons can be al10 tered and tailored to allow a wide range of experi11 ments in support of nuclear engineering studies of

12 alternative reactor configurations, including studies

13 of materials that may be used in future fission or fu14 sion systems.

15 SEC. 502. DEFINITION.

16 In this title, the term ‘‘Program’’ means the Ad17 vanced Accelerator Applications Program established

18 under section 503.

19 SEC. 503. ADVANCED ACCELERATOR APPLICATIONS PRO20 GRAM.

21 (a) ESTABLISHMENT OF PROGRAM.—The Secretary

22 shall establish a program to be known as the ‘‘Advanced

23 Accelerator Applications Program’’.
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1 (b) MISSIONS.—The missions of the Program shall

2 include conducting scientific or engineering research, de3 velopment, and demonstrations on—

4 (1) accelerator production of tritium as a

5 backup technology;

6 (2) transmutation of spent nuclear fuel and

7 waste;

8 (3) production of radioisotopes;

9 (4) advanced nuclear engineering concepts, in10 cluding material science issues; and

11 (5) other applications that may be identified.

12 (c) ADMINISTRATION.—The Program shall be admin13 istered by the Office of Nuclear Energy, Science and

14 Technology—

15 (1) subject to the concurrence of the Adminis16 trator for Nuclear Security, for all activities related

17 to tritium production;

18 (2) in consultation with the Office of Civilian

19 Radioactive Waste Management, for all activities re20 lating to the impact of waste transmutation on re21 pository requirements; and

22 (3) in consultation with other Federal agencies

23 as deemed appropriate by the Secretary.

24 (d) PARTICIPATION.—The Office of Nuclear Energy,

25 Science and Technology shall encourage participation of
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1 international collaborators, industrial partners, national

2 laboratories, other Department of Energy facilities, and,

3 through support for new graduate engineering and science

4 students and professors, universities.

5 (e) REPORT TO CONGRESS.—

6 (1) CONTENTS.—The Office of Nuclear Energy,

7 Science and Technology shall prepare a report on

8 the project proposed at the location identified under

9 section 3133(c) of the National Defense Authoriza10 tion Act for Fiscal Year 1996 (42 U.S.C. 2121

11 note). The report shall—

12 (A) specify a detailed time line for con13 struction and for operation of all activities;

14 (B) identify opportunities for involvement

15 of the private sector in production and use of

16 radioisotopes; and

17 (C) contain a recommendation for funding

18 required to accomplish the project in future fis19 cal years.

20 (2) SUBMITTAL TO CONGRESS.—Not later than

21 March 31, 2002, the Secretary shall submit the re22 port to the Committee on Energy and Natural Re23 sources and Committee on Appropriations of the

24 Senate, and to the Committee on Armed Services,
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1 Committee on Science, and Committee on Appro2 priations of the House of Representatives.

3 (f) AUTHORIZATION OF APPROPRIATIONS.—

4 (1) PROPOSAL.—There are authorized to be ap5 propriated to the Secretary for the preparation and

6 submittal of the report under subsection (e)

7 $5,000,000 for each of fiscal years 2002 and 2003.

8 (2) RESEARCH, DEVELOPMENT, AND DEM9 ONSTRATION ACTIVITIES.—There are authorized to

10 be appropriated to the Secretary for research, devel11 opment, and demonstration activities of the

12 Program—

13 (A) $120,000,000 for fiscal year 2002; and

14 (B) such sums as are necessary for subse15 quent fiscal years.

16 TITLE VI—NUCLEAR REGU17 LATORY COMMISSION RE18 FORM

19 SEC. 601. DEFINITIONS.

20 Section 11 of the Atomic Energy Act of 1954 (42

21 U.S.C. 2014) is amended—

22 (1) in subsection f., by striking ‘‘Atomic Energy

23 Commission’’ and inserting ‘‘Nuclear Regulatory

24 Commission’’; and
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1 (2) by redesignating subsection jj. as subsection

2 ii..

3 SEC. 602. OFFICE LOCATION.

4 Section 23 of the Atomic Energy Act of 1954 (42

5 U.S.C. 2033) is amended by striking ‘‘; however, the Com6 mission shall maintain an office for the service of process

7 and papers within the District of Columbia’’.

8 SEC. 603. LICENSE PERIOD.

9 Section 103 c. of the Atomic Energy Act of 1954 (42

10 U.S.C. 2133(c)) is amended—

11 (1) by striking ‘‘c. Each such’’ and inserting

12 the following:

13 ‘‘c. LICENSE PERIOD.—

14 ‘‘(1) IN GENERAL.—Each such’’; and

15 (2) by adding at the end the following:

16 ‘‘(2) COMBINED LICENSES.—In the case of a

17 combined construction and operating license issued

18 under section 185 b., the initial duration of the li19 cense may not exceed 40 years from the date on

20 which the Commission finds, before operation of the

21 facility, that the acceptance criteria required by sec22 tion 185 b. are met.’’.
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1 SEC. 604. ELIMINATION OF FOREIGN OWNERSHIP RESTRIC2 TIONS.

3 Section 104 d. of the Atomic Energy Act of 1954 (42

4 U.S.C. 2134(d)) is amended by striking the second sen5 tence.

6 SEC. 605. ELIMINATION OF DUPLICATIVE ANTITRUST RE7 VIEW.

8 Section 105 of the Atomic Energy Act of 1954 (42

9 U.S.C. 2135) is amended by striking subsection c. and in10 serting the following:

11 ‘‘c. CONDITIONS.—

12 ‘‘(1) IN GENERAL.—A condition for a grant of

13 a license imposed by the Commission under this sec14 tion in effect on the date of enactment of the Elec15 tricity Supply Assurance Act of 2001 shall remain in

16 effect until the condition is modified or removed by

17 the Commission.

18 ‘‘(2) MODIFICATION.—If a person that is li19 censed to construct or operate a utilization or pro20 duction facility applies for reconsideration under this

21 section of a condition imposed in the person’s li22 cense, the Commission shall conduct a proceeding,

23 on an expedited basis, to determine whether the li24 cense condition—

25 ‘‘(A) is necessary to ensure compliance

26 with subsection a.; or
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1 ‘‘(B) should be modified or removed.’’.

2 SEC. 606. GIFT ACCEPTANCE AUTHORITY.

3 (a) IN GENERAL.—Section 161 g. of the Atomic En4 ergy Act of 1954 (42 U.S.C. 2201(g)) is amended—

5 (1) by inserting ‘‘(1)’’ after ‘‘g.’’;

6 (2) by striking ‘‘this Act;’’ and inserting ‘‘this

7 Act; or’’; and

8 (3) by adding at the end the following:

9 ‘‘(2) accept, hold, utilize, and administer gifts

10 of real and personal property (not including money)

11 for the purpose of aiding or facilitating the work of

12 the Commission;’’.

13 (b) CRITERIA FOR ACCEPTANCE OF GIFTS.—

14 (1) IN GENERAL.—Chapter 14 of title I of the

15 Atomic Energy Act of 1954 (42 U.S.C. 2201 et

16 seq.) is amended by adding at the end the following:

17 ‘‘SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS.

18 ‘‘(a) IN GENERAL.—The Commission shall establish

19 written criteria for determining whether to accept gifts

20 under section 161 g.(2).

21 ‘‘(b) CONSIDERATIONS.—The criteria under sub22 section (a) shall take into consideration whether the ac23 ceptance of a gift would compromise the integrity of, or

24 the appearance of the integrity of, the Commission or any

25 officer or employee of the Commission.’’.
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1 (2) CONFORMING AMENDMENT.—The table of

2 contents of the Atomic Energy Act of 1954 (42

3 U.S.C. prec. 2011) is amended by adding at the end

4 of the items relating to chapter 14 the following:

‘‘Sec. 170C. Criteria for acceptance of gifts.’’.

5 SEC. 607. AUTHORITY OVER FORMER LICENSEES FOR DE6 COMMISSIONING FUNDING.

7 Section 161 i. of the Atomic Energy Act of 1954 (42

8 U.S.C. 2201(i)) is amended—

9 (1) by striking ‘‘and (3)’’ and inserting ‘‘(3)’’;

10 and

11 (2) by inserting before the semicolon at the end

12 the following: ‘‘, and (4) to ensure that sufficient

13 funds will be available for the decommissioning of

14 any production or utilization facility licensed under

15 section 103 or 104 b., including standards and re16 strictions governing the control, maintenance, use,

17 and disbursement by any former licensee under this

18 Act that has control over any fund for the decom19 missioning of the facility’’.

20 SEC. 608. CARRYING OF FIREARMS BY LICENSEE EMPLOY21 EES.

22 (a) IN GENERAL.—Chapter 14 of title I of the Atomic

23 Energy Act of 1954 (42 U.S.C. 2201 et seq.) (as amended

24 by section 606(b) of this Act) is amended—
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1 (1) in section 161, by striking subsection k. and

2 inserting the following:

3 ‘‘k. authorize to carry a firearm in the perform4 ance of official duties such of its members, officers,

5 and employees, such of the employees of its contrac6 tors and subcontractors (at any tier) engaged in the

7 protection of property under the jurisdiction of the

8 United States located at facilities owned by or con9 tracted to the United States or being transported to

10 or from such facilities, and such of the employees of

11 persons licensed or certified by the Commission (in12 cluding employees of contractors of licensees or cer13 tificate holders) engaged in the protection of facili14 ties owned or operated by a Commission licensee or

15 certificate holder that are designated by the Com16 mission or in the protection of property of signifi17 cance to the common defense and security located at

18 facilities owned or operated by a Commission li19 censee or certificate holder or being transported to

20 or from such facilities, as the Commission considers

21 necessary in the interest of the common defense and

22 security;’’ and

23 (2) by adding at the end the following:
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1 ‘‘SEC. 170D. CARRYING OF FIREARMS.

2 ‘‘(a) AUTHORITY TO MAKE ARREST.—A person au3 thorized under section 161 k. to carry a firearm may,

4 while in the performance of, and in connection with, offi5 cial duties, arrest an individual without a warrant for any

6 offense against the United States committed in the pres7 ence of the person or for any felony under the laws of

8 the United States if the person has a reasonable ground

9 to believe that the individual has committed or is commit10 ting such a felony.

11 ‘‘(b) LIMITATION.—An employee of a contractor or

12 subcontractor or of a Commission licensee or certificate

13 holder (or a contractor of a licensee or certificate holder)

14 authorized to make an arrest under subsection (a) may

15 make an arrest only—

16 ‘‘(1) when the individual is within, or is in

17 flight directly from, the area in which the offense

18 was committed; and

19 ‘‘(2) in the enforcement of—

20 ‘‘(A) a law regarding the property of the

21 United States in the custody of the Department

22 of Energy, the Commission, or a contractor of

23 the Department of Energy or Commission or a

24 licensee or certificate holder of the Commission;

25 ‘‘(B) a law applicable to facilities owned or

26 operated by a Commission licensee or certificate
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1 holder that are designated by the Commission

2 under section 161 k.;

3 ‘‘(C) a law applicable to property of signifi4 cance to the common defense and security that

5 is in the custody of a licensee or certificate

6 holder or a contractor of a licensee or certificate

7 holder of the Commission; or

8 ‘‘(D) any provision of this Act that sub9 jects an offender to a fine, imprisonment, or

10 both.

11 ‘‘(c) OTHER AUTHORITY.—The arrest authority con12 ferred by this section is in addition to any arrest authority

13 under other law.

14 ‘‘(d) GUIDELINES.—The Secretary and the Commis15 sion, with the approval of the Attorney General, shall issue

16 guidelines to implement section 161 k. and this section.’’.

17 (b) CONFORMING AMENDMENT.—The table of con18 tents of the Atomic Energy Act of 1954 (42 U.S.C. prec.

19 2011) (as amended by section 605(b)(2) of this Act) is

20 amended by adding at the end of the items relating to

21 chapter 14 the following:

‘‘Sec. 170D. Carrying of firearms.’’.

22 SEC. 609. COST RECOVERY FROM GOVERNMENT AGENCIES.

23 Section 161 w. of the Atomic Energy Act of 1954

24 (42 U.S.C. 2201(w)) is amended—
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1 (1) by striking ‘‘, or which operates any facility

2 regulated or certified under section 1701 or 1702,’’;

3 (2) by striking ‘‘483a of title 31 of the United

4 States Code’’ and inserting ‘‘9701 of title 31, United

5 States Code,’’; and

6 (3) by inserting before the period at the end the

7 following: ‘‘, and, commencing October 1, 2002, pre8 scribe and collect from any other Government agen9 cy any fee, charge, or price that the Commission

10 may require in accordance with section 9701 of title

11 31, United States Code, or any other law’’.

12 SEC. 610. HEARING PROCEDURES.

13 Section 189 a.(1) of the Atomic Energy Act of 1954

14 (42 U.S.C. 2239(a)(1)) is amended by adding at the end

15 the following:

16 ‘‘(C) HEARINGS.—A hearing under this section shall

17 be conducted using informal adjudicatory procedures es18 tablished under sections 553 and 555 of title 5, United

19 States Code, unless the Commission determines that for20 mal adjudicatory procedures are necessary—

21 ‘‘(i) to develop a sufficient record; or

22 ‘‘(ii) to achieve fairness.’’.
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1 SEC. 611. UNAUTHORIZED INTRODUCTION OF DANGEROUS

2 WEAPONS.

3 Section 229 a. of the Atomic Energy Act of 1954 (42

4 U.S.C. 2278a(a)) is amended in the first sentence by in5 serting ‘‘or subject to the licensing authority of the Com6 mission or to certification by the Commission under this

7 Act or any other Act’’ before the period at the end.

8 SEC. 612. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

9 Section 236 a. of the Atomic Energy Act of 1954 (42

10 U.S.C. 2284(a)) is amended—

11 (1) in paragraph (2), by striking ‘‘storage facil12 ity’’ and inserting ‘‘storage, treatment, or disposal

13 facility’’;

14 (2) in paragraph (3)—

15 (A) by striking ‘‘such a utilization facility’’

16 and inserting ‘‘a utilization facility licensed

17 under this Act’’; and

18 (B) by striking ‘‘or’’ at the end;

19 (3) in paragraph (4)—

20 (A) by striking ‘‘facility licensed’’ and in21 serting ‘‘or nuclear fuel fabrication facility li22 censed or certified’’; and

23 (B) by striking the period at the end and

24 inserting ‘‘; or’’; and

25 (4) by adding at the end the following:
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1 ‘‘(5) any production, utilization, waste storage,

2 waste treatment, waste disposal, uranium enrich3 ment, or nuclear fuel fabrication facility subject to

4 licensing or certification under this Act during con5 struction of the facility, if the person knows or rea6 sonably should know that there is a significant pos7 sibility that the destruction or damage caused or at8 tempted to be caused could adversely affect public

9 health and safety during the operation of the facil10 ity,’’.

11 SEC. 613. NUCLEAR DECOMMISSIONING OBLIGATIONS OF

12 NONLICENSEES.

13 (a) IN GENERAL.—The Atomic Energy Act of 1954

14 is amended by inserting after section 241 (42 U.S.C.

15 2015) the following:

16 ‘‘SEC. 242. NUCLEAR DECOMMISSIONING OBLIGATIONS OF

17 NONLICENSEES.

18 ‘‘(a) DEFINITIONS.—In this section—

19 ‘‘(1) the term ‘facility’ means a commercial nu20 clear electric generating facility for which a Federal

21 nuclear obligation is incurred;

22 ‘‘(2) the term ‘Federal nuclear obligation’

23 means—

24 ‘‘(A) a nuclear decommissioning obligation;
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1 ‘‘(B) a fee required to be paid to the Fed2 eral Government by a licensee for the storage,

3 transportation, or disposal of spent nuclear fuel

4 and high-level radioactive waste, including a fee

5 required under the Nuclear Waste Policy Act of

6 1982 (42 U.S.C. 10101 et seq.); and

7 ‘‘(C) an assessment by the Federal Gov8 ernment to fund the cost of decontamination

9 and decommissioning of uranium enrichment

10 facilities, including an assessment required

11 under chapter 28 of this Act; and

12 ‘‘(3) the term ‘nuclear decommissioning obliga13 tion’ means an expense incurred to ensure the con14 tinued protection of the public from the dangers of

15 any residual radioactivity or other hazards present

16 at a facility at the time the facility is decommis17 sioned, including all costs of actions required under

18 rules, regulations, and orders of the Commission

19 for—

20 ‘‘(A) entombing, dismantling, and decom21 missioning a facility; and

22 ‘‘(B) administrative, preparatory, security,

23 and radiation monitoring expenses associated

24 with entombing, dismantling, and decommis25 sioning a facility.
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1 ‘‘(b) DECOMMISSIONING OBLIGATIONS.—After public

2 notice and in accordance with section 181, the Commis3 sion shall establish by rule, regulation, or order any re4 quirement that the Commission considers necessary to en5 sure that a person that is not a licensee (including a

6 former licensee) complies fully with any nuclear decommis7 sioning obligation.’’.

8 (b) CONFORMING AMENDMENT.—The table of con9 tents of the Atomic Energy Act of 1954 (42 U.S.C. prec.

10 2011) is amended by inserting after the item relating to

11 section 241 the following:

‘‘Sec. 242. Nuclear decommissioning obligations of nonlicensees.’’.

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