(b) PREFERENCE.—Preference shall be given by the
Secretary to reimbursing projects in which a single
uprating operation can benefit multiple domestic nuclear
power reactors.
(c) INCENTIVE PAYMENTS.—
(1) IN
GENERAL.—In addition to payments
made under subsection (b), the Secretary shall offer
an incentive payment equal to 10 percent of the cap-
ital improvement cost resulting in a permanent in-
crease of at least 5 percent in the rated electricity
capacity of the licensee’s nuclear plant if the licensee
provides information indicating to the satisfaction of
the Secretary that the licensee will achieve the in-
creased capacity rating before December 31, 2004.
(2) LIMITATION.—No incentive payment under
paragraph (1) associated with any single nuclear
plant shall exceed $1,000,000.
(d) CONDITION
OF
PAYMENT.—Payments made
under subsection (a) or (c) shall be made on the condition
that they will be repaid to the Secretary if the licensee
fails to achieve the appropriate increased capacity rating
before December 31, 2004.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out this section $15,000,000 for each of fiscal years 2002,
2003, and 2004.
SEC. 124. UNIVERSITY PROGRAMS.
(a) IN GENERAL.—The Secretary may, as provided
in this section, provide grants and other forms of payment
to further the national goal of producing well-educated
graduates in nuclear engineering and closely related spe-
cialties that support nuclear energy programs such as
health physics, actinide chemistry, and material sciences.
(b) SUPPORT
FOR UNIVERSITY RESEARCH REAC-
TORS.—The Secretary may provide grants and other
forms of payments for plant upgrading to universities in
the United States that operate and maintain nuclear re-
search reactors.
(c) SUPPORT FOR UNIVERSITY RESEARCH AND DE-
VELOPMENT.—The Secretary may provide grants and
other forms of payment for research and development
work by faculty, staff, and students associated with nu-
clear engineering programs and closely related specialties
at universities in the United States.
(d) SUPPORT
FOR NUCLEAR ENGINEERING STU-
DENTS AND FACULTY.—The Secretary may provide fel-
lowships, scholarships, and other support to students and
to departments of nuclear engineering and closely related
specialties at universities in the United States.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out this section—
(1) $34,200,000 for fiscal year 2002, of
which—
(A) $13,000,000 shall be available to carry
out subsection (b);
(B) $10,200,000 shall be available to carry
out subsection (c); and
(C) $11,000,000 shall be available to carry
out subsection (d); and
(2) such sums as are necessary for subsequent
fiscal years.
At least 20 percent of the amounts appropriated pursuant
to paragraph (1)(B), and pursuant to paragraph (1)(C),
shall be available to support health physics programs.
SEC. 125. PROHIBITION OF COMMERCIAL SALES OF URA-
NIUM AND CONVERSION HELD BY THE DE-
PARTMENT OF ENERGY UNTIL 2005.
Section 3112(b) of the USEC Privatization Act (42
U.S.C. 2297h–10(b)) is amended by striking paragraph
(2) and inserting the following:
‘‘(2) SALE OF URANIUM HEXAFLUORIDE.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) sell and receive payment for the
uranium hexafluoride transferred to the
Secretary under paragraph (1); and
‘‘(ii) refrain from sales of the Depart-
ment’s surplus natural uranium and con-
version services through 2005 (except
minor quantities associated with site clean-
up projects or the Department of Energy
research reactor sales program).
‘‘(B) REQUIREMENTS.—Under subpara-
graph (A)(i), uranium hexafluoride shall be sold
in 2006 for consumption by end users in the
United States not before January 1, 2007, and
in subsequent years, in volumes not to exceed
3,000,000 pounds U3O8 equivalent per year.’’.
SEC. 126. COOPERATIVE RESEARCH AND DEVELOPMENT
AND SPECIAL DEMONSTRATION PROJECTS
FOR THE URANIUM MINING INDUSTRY.
There are authorized to be appropriated to the Sec-
retary $10,000,000 for each of fiscal years 2002, 2003,
and 2004 for—
(1) cooperative, cost-shared, agreements be-
tween the Department of Energy and the domestic
uranium mining industry to identify, test, and de-
velop improved in-situ leaching mining technologies,
including low-cost environmental restoration tech-
nologies that may be applied to sites after comple-
tion of in-situ leaching operations; and
(2) funding for competitively selected dem-
onstration projects with the domestic uranium min-
ing industry relating to—
(A) enhanced production with minimal en-
vironmental impact;
(B) restoration of well fields; and
(C) decommissioning and decontamination
activities.
SEC. 127. MIXED OXIDE FUEL PROGRAM.
(a) FINDINGS.—The Congress finds that—
(1) the United States and Russia signed a Plu-
tonium Management and Disposition agreement on
September 1, 2000;
(2) that agreement directs that 34 metric tons
of plutonium from each country’s weapons stockpile
be converted to a usable mixed oxide fuel to be
burned in commercial reactors;
(3) that agreement would eliminate for the
United States the long-term storage costs of pluto-
nium at 5 Government sites in this country;
(4) those ongoing storage costs will far exceed
the conversion costs if the stockpiled plutonium is
left in its current state;
(5) it is safer and more cost-effective for the
United States to convert stockpiled plutonium into
mixed oxide fuel than to not do so;
(6) the Plutonium Management and Disposition
agreement should be implemented; and
(7) construction of the Mixed Oxide Fuel Fab-
rication Facility, as provided in the Plutonium Man-
agement and Disposition agreement, will facilitate
the cleanup of several Department of Energy former
weapons sites, at significant cost savings to the Fed-
eral Government.
(b) CONSTRUCTION OF FACILITY.—The Secretary of
Energy shall begin the construction of the Mixed Oxide
Fuel Fabrication Facility by October of 2003, as provided
in the Plutonium Management and Disposition agreement
entered into between the United States and Russia on
September 1, 2000.
SEC. 128. MAINTENANCE OF A VIABLE DOMESTIC URANIUM
CONVERSION INDUSTRY.
(a) IN GENERAL.—For Department of Energy ex-
penses necessary in providing to Converdyn Incorporated
a payment for losses associated with providing conversion
services for the production of low-enriched uranium (ex-
cluding imports related to actions taken under the United
States/Russia HEU Agreement), there are authorized to
be appropriated $8,000,000 for each of fiscal years 2002,
2003, and 2004.
(b) RATE.—The payment shall be at a rate, deter-
mined by the Secretary, that—
(1)(A) is based on the difference between
Converdyn’s costs and its sale price for providing
conversion services for the production of low-en-
riched uranium fuel; but
(B) does not exceed the amount appropriated
under subsection (a); and
(2) shall be contingent on submission to the
Secretary of a financial statement satisfactory to the
Secretary that is certified by an independent auditor
for each year.
(c) TIMING.—A payment under subsection (a) shall
be provided as soon as practicable after receipt and
verification of the financial statement submitted under
subsection (b).
SEC. 129. PORTSMOUTH GASEOUS DIFFUSION PLANT.
(a) IN GENERAL.—The Secretary may proceed with
actions required to place and maintain appropriate por-
tions of the Portsmouth Gaseous Diffusion Plant into cold
standby condition for a period of up to 5 years.
(b) PLANT CONDITION.—In the cold standby condi-
tion, the plant shall be in a condition that—
(1) would allow its restart, for production of
3,000,000 separative work units per year, to meet
domestic demand for enrichment services; and
(2) will facilitate the future decontamination
and decommissioning of the plant.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out this section—
(1) $36,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal years
2003, 2004, and 2005.
SEC. 130. NUCLEAR GENERATION REPORT.
(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Commission shall sub-
mit to Congress a report on the state of nuclear power
generation in the United States.
(b) CONTENTS.—The report shall—
(1) provide current and historical detail
regarding—
(A) the number of commercial nuclear
plants and the amount of electricity generated;
and
(B) the safety record of commercial nu-
clear plants;
(2) review the status of the relicensing process
for commercial nuclear plants, including—
(A) current and anticipated applications;
and
(B) for each current and anticipated
application—
(i) the anticipated length of time for
a license renewal application to be proc-
essed; and
(ii) the current and anticipated costs
of each license renewal;
(3) assess the capability of the Commission to
evaluate licenses for new advanced reactor designs
and discuss the confirmatory and anticipatory re-
search activities needed to support that capability;
(4) detail the efforts of the Commission to pre-
pare for potential new commercial nuclear plants, in-
cluding evaluation of any new plant design and the
licensing process for nuclear plants;
(5) state the anticipated length of time for a
new plant license to be processed and the anticipated
cost of such a process; and
(6) include recommendations for improvements
in each of the processes reviewed.
TITLE II—CONSTRUCTION OF
NUCLEAR PLANTS
SEC. 201. RESEARCH PROGRAM.
The Commission shall develop a research program to
support regulatory actions relating to new nuclear plant
technologies.
SEC. 202. NUCLEAR PLANT COMPLETION INITIATIVE.
(a) INFORMATION.—The Secretary shall solicit such
information as may be useful in carrying out this section
on United States nuclear plants requiring additional cap-
ital investment before becoming operational or being re-
turned to operation.
(b) IDENTIFICATION
OF NUCLEAR PLANTS.—The
Secretary shall convene a panel of experts to—
(1) review information obtained under sub-
section (a); and
(2) identify which nuclear plants should be in-
cluded in the assessment under subsection (c).
(c) TECHNICAL AND ECONOMIC COMPLETION AS-
SESSMENT.—On completion of the identification of can-
didate nuclear plants under subsection (b)(2), the Sec-
retary shall commence a detailed technical and economic
completion assessment that includes, on a unit-specific
basis, all technical and economic information necessary to
permit a decision on the feasibility of completing work on
and operating or returning to operation any or all of the
nuclear plants identified under subsection (b)(2) by De-
cember 31, 2004.
(d) SOLICITATION
OF PROPOSALS.—After making
the results of the assessment under subsection (c) avail-
able to the public, the Secretary shall issue a solicitation
of offers for proposals for completing construction on any
or all of the nuclear plants assessed under subsection (c).
(e) SELECTION OF PROPOSALS.—
(1) IN GENERAL.—The Secretary shall recon-
vene the panel of experts designated under sub-
section (b) to review and select the nuclear plants to
be included in the report submitted under subsection
(f), taking into consideration any or all of the fol-
lowing factors:
(A) Location of the nuclear plant and the
regional need for expanded power capability.
(B) Time to completion.
(C) Economic and technical viability for
completion of the nuclear plant.
(D) Financial capability of the offeror.
(E) Extent of support from regional and
State officials.
(F) Experience and past performance of
the offeror in siting, constructing, or operating
nuclear plants.
(G) Lowest cost to the Government.
(2) REGIONAL AND STATE SUPPORT.—No pro-
posal shall be included in the report submitted under
subsection (f) without endorsement by the State
Governor and by the elected governing bodies of
each political subdivision in which the nuclear plant
is located.
(f) REPORT TO CONGRESS.—
(1) IN
GENERAL.—Not later than June 1,
2002, the Secretary shall submit to Congress a re-
port describing the nuclear plants selected for com-
pletion under subsection (e).
(2) CONTENTS.—The report shall—
(A) detail the findings under each of the
criteria specified in subsection (e); and
(B) include recommendations for action by
Congress to authorize actions to expedite com-
pletion of the nuclear plants.
(3) 
CONSIDERATIONS.—In 
making 
rec-
ommendations under paragraph (2)(B), the Sec-
retary shall consider—
(A) the advisability of authorizing payment
by the Government of Commission user fees (in-
cluding consideration of the estimated cost to
the Government of paying such fees); and
(B) other appropriate considerations.
(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out this section $3,000,000 for fiscal year 2002.
SEC. 203. EARLY SITE PERMIT DEMONSTRATION PROGRAM.
(a) IN GENERAL.—The Secretary shall initiate a pro-
gram of Government/private partnership demonstration
projects to encourage private sector applications to the
Commission for approval of sites that are potentially suit-
able to be used for the construction of future nuclear
plants.
(b) SOLICITATION OF PROPOSALS.—Not later than
60 days after the date of enactment of this Act, the Sec-
retary shall issue a solicitation of offers for proposals from
private sector entities to enter into partnerships with the
Secretary to demonstrate the early site permit process.
(c) LIST OF APPROVED SITES.—The Secretary shall
create a list of approved sites by December 31, 2003.
(d) CRITERIA
FOR PROPOSALS.—A proposal sub-
mitted under subsection (b) shall—
(1) identify a site owned by the offeror (except
as provided in subsection (e)(2)) that is suitable for
the construction and operation of a new nuclear
plant; and
(2) state the agreement of the offeror to pay
not less than 1⁄2 of the costs of—
(A) preparation of an application to the
Commission for an early site permit for the site
identified under paragraph (1); and
(B) review of the application by the Com-
mission.
(e) SELECTION OF PROPOSALS.—(1) The Secretary
shall establish a competitive process to review and select
the projects to be pursued, taking into consideration the
following:
(A) Time to prepare the application.
(B) Site qualities or characteristics that could
affect the duration of application review.
(C) The financial capability of the offeror.
(D) The experience of the offeror in siting, con-
structing, or operating nuclear plants.
(E) The support of regional and State officials.
(F) The need for new electricity supply in the
vicinity of the site, or proximity to suitable trans-
mission lines.
(G) Lowest cost to the Government.
(2) At least one of the proposals selected under this
subsection shall propose a site on Department of Energy
land.
(f) COOPERATIVE
AGREEMENTS.—The Secretary
may enter into cooperative agreements with up to 3
offerors selected through the competitive process to pay
not more than 1⁄2 of the costs incurred by the parties to
the agreements for—
(1) preparation of an application to the Com-
mission for an early site permit for the site; and
(2) review of the application by the Commis-
sion.
(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out this section $15,000,000 for each of fiscal years 2002
and 2003, to remain available until expended.
SEC. 204. NUCLEAR ENERGY TECHNOLOGY STUDY FOR
GENERATION IV REACTORS.
(a) IN GENERAL.—The Secretary shall conduct a
study of Generation IV nuclear energy systems, including
development of a technology roadmap and performance of
research and development necessary to make an informed
technical decision regarding the most promising can-
didates for commercial deployment.
(b) UPGRADES AND ADDITIONS.—The Secretary may
make upgrades or additions to public or private nuclear
energy research facility infrastructure as needed to carry
out the study under subsection (a).
(c) REACTOR CHARACTERISTICS.—To the extent
practicable, in conducting the study under subsection (a),
the Secretary shall study nuclear energy systems that offer
the highest probability of achieving the goals for Genera-
tion IV nuclear energy systems, including—
(1) economics competitive with natural gas-
fueled generators;
(2) enhanced safety features, including passive
safety features;
(3) substantially reduced production of high-
level waste, as compared with the quantity of waste
produced by reactors in operation on the date of en-
actment of this Act;
(4) highly proliferation-resistant fuel and waste;
(5) sustainable energy generation including op-
timized fuel utilization; and
(6) substantially improved thermal efficiency, as
compared with the thermal efficiency of reactors in
operation on the date of enactment of this Act.
(d) CONSULTATION.—In conducting the study under
subsection (a), the Secretary shall consult with—
(1) the Commission, with respect to evaluation
of regulatory issues; and
(2) the International Atomic Energy Agency,
with respect to international safeguards.
(e) REPORT.—
(1) IN GENERAL.—Not later than December 31,
2002, the Secretary shall submit to Congress a re-
port describing the activities of the Secretary under
this section, and plans for research and development
leading to a public/private cooperative demonstration
of one or more Generation IV nuclear energy sys-
tems.
(2) CONTENTS.—The report shall contain—
(A) an assessment of all available tech-
nologies;
(B) a summary of actions needed for the
most promising candidates to be considered as
viable commercial options within the five to ten
years after the date of the report, with consid-
eration of regulatory, economic, and technical
issues;
(C) a recommendation of not more than
three promising Generation IV nuclear energy
system concepts for further development;
(D) an evaluation of opportunities for pub-
lic/private partnerships;
(E) a recommendation for structure of a
public/private partnership to share in develop-
ment and construction costs;
(F) a plan leading to the selection and con-
ceptual design, by September 30, 2004, of at
least one Generation IV nuclear energy system
for demonstration through a public/private
partnership;
(G) an evaluation of opportunities for
siting demonstration facilities on Department of
Energy land; and
(H) a recommendation for appropriate in-
volvement of the Commission.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out this section and to carry out the recommendations in
the report submitted under subsection (e)—
(1) $50,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal years
2003 through 2006.
SEC. 205. RESEARCH SUPPORTING REGULATORY PROC-
ESSES FOR NEW REACTOR TECHNOLOGIES
AND DESIGNS.
(a) IN GENERAL.—The Commission shall develop a
comprehensive research program to support resolution of
potential licensing issues associated with new reactor con-
cepts and new technologies that may be incorporated into
new or current designs of nuclear plants.
(b) IDENTIFICATION OF CANDIDATE DESIGNS.—The
Commission shall work with the Office of Nuclear Energy,
Science and Technology and the nuclear industry to iden-
tify candidate designs to be addressed by the program.
(c) ACTIVITIES TO BE INCLUDED.—The research
shall include—
(1) modeling, analyses, tests, and experiments
with respect to total system behavior and response
to hypothesized accidents; and
(2) consideration of new reactor technologies
that may affect—
(A) risk-informed licensing of new nuclear
plants;
(B) behavior of advanced fuels;
(C) evolving environmental considerations
relative to spent fuel management and health
effect standards;
(D) new technologies (such as advanced
sensors, digital instrumentation, and control)
and human factors that affect the application of
new technology to current nuclear plants; and
(E) other emerging technical issues.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Commission to
carry out this section—
(1) $25,000,000 for fiscal year 2002; and
(2) such sums as are necessary for subsequent
fiscal years.
TITLE III—EVALUATIONS OF
NUCLEAR ENERGY
SEC. 301. ENVIRONMENTALLY PREFERABLE PURCHASING.
(a) ACQUISITION.—For the purposes of Executive
Order No. 13101 (3 C.F.R. 210 (1998)) and policies es-
tablished by the Office of Federal Procurement Policy or
other executive branch offices for the acquisition or use
of environmentally preferable products (as defined in sec-
tion 201 of the Executive order), electricity generated by
a nuclear plant shall be considered to be an environ-
mentally preferable product.
(b) PROCUREMENT.—No Federal procurement policy
or program may—
(1) discriminate against or exclude nuclear gen-
erated electricity in making purchasing decisions; or
(2) subscribe to product certification programs
or recommend product purchases that exclude nu-
clear-generated electricity.
SEC. 302. EMISSION-FREE CONTROL MEASURES UNDER A
STATE IMPLEMENTATION PLAN.
(a) DEFINITIONS.—In this section:
(1) CRITERIA AIR POLLUTANT.—The term ‘‘cri-
teria air pollutant’’ means a pollutant listed under
section 108(a) of the Clean Air Act (42 U.S.C.
7408(a)).
(2) EMISSION-FREE
ELECTRICITY
SOURCE.—
The term ‘‘emission-free electricity source’’ means—
(A) a facility that generates electricity
without emitting criteria pollutants, hazardous
pollutants, or greenhouse gases as a result of
onsite operations of the facility; and
(B) a facility that generates electricity
using nuclear fuel that meets all applicable
standards for radiological emissions under sec-
tion 112 of the Clean Air Act (42 U.S.C.
7412).
(3) GREENHOUSE GAS.—The term ‘‘greenhouse
gas’’ means a natural or anthropogenic gaseous con-
stituent of the atmosphere that absorbs and re-emits
infrared radiation.
(4) HAZARDOUS POLLUTANT.—The term ‘‘haz-
ardous pollutant’’ has the meaning given the term in
section 112(a) of the Clean Air Act (42 U.S.C.
7412(a)).
(5) 
IMPROVEMENT
IN
AVAILABILITY.—The
term ‘‘improvement in availability’’ means an in-
crease in the amount of electricity produced by an
emission-free electricity source that provides a com-
mensurate reduction in output from emitting
sources.
(6) 
INCREASED
EMISSION-FREE
CAPACITY
PROJECT.—The term ‘‘increased emission-free ca-
pacity project’’ means a project to construct an
emission-free electricity source or increase the rated
capacity of an existing emission-free electricity
source.
(b) TREATMENT OF CERTAIN STATE ACTIONS AS
CONTROL MEASURES.—An action taken by a State to
support the continued operation of an emission-free elec-
tricity source or to support an improvement in availability
or an increased emission-free capacity project shall be con-
sidered to be a control measure for the purposes of section
110(a) of the Clean Air Act (42 U.S.C. 7410(a)).
(c) ECONOMIC INCENTIVE PROGRAMS.—
(1) CRITERIA
AIR
POLLUTANTS
AND
HAZ-
ARDOUS
POLLUTANTS.—Emissions of criteria air
pollutants or hazardous pollutants prevented or
avoided by an improvement in availability or the op-
eration of increased emission-free capacity shall be
eligible for, and may not be excluded from, incentive
programs used as control measures, including pro-
grams authorizing emission trades, revolving loan
funds, tax benefits, and special financing programs.
(2) GREENHOUSE GASES.—Emissions of green-
house gases prevented or avoided by an improvement
in availability or the operation of increased emission-
free capacity shall be eligible for, and may not be ex-
cluded from, incentive programs used as control
measures on the national, regional, State, or local
level.
SEC. 303. PROHIBITION OF DISCRIMINATION AGAINST
EMISSION-FREE ELECTRICITY PROJECTS IN
INTERNATIONAL DEVELOPMENT PROGRAMS.
(a) PROHIBITION.—No Federal funds shall be used
to support a domestic or international organization en-
gaged in the financing, development, insuring, or under-
writing of emission-free electricity production facilities if
the organization fails to make reasonable efforts to include
projects that use nuclear plants.
(b) REQUEST FOR POLICIES.—The Secretary of En-
ergy shall request copies of all written policies regarding
the eligibility of nuclear plants for funding or support
from international or domestic organizations engaged in
the financing, development, insuring, or underwriting of
emission-free electricity production facilities, including—
(1) the Agency for International Development;
(2) the World Bank;
(3) the Overseas Private Investment Corpora-
tion;
(4) the International Monetary Fund; and
(5) the Export-Import Bank.
TITLE 
IV—DEVELOPMENT 
OF
NATIONAL SPENT NUCLEAR
FUEL STRATEGY
SEC. 401. FINDING.
Congress finds that national policy on spent nuclear
fuel may evolve with time as improved technologies for
spent fuel are developed or as national energy needs
evolve.
SEC. 402. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.
(a) DEFINITION.—In this section the term ‘‘Associate
Director’’ means the Associate Director of the Office of
Spent Nuclear Fuel Research established by subsection
(b).
(b) ESTABLISHMENT.—There is established an Office
of Spent Nuclear Fuel Research within the Office of Nu-
clear Energy, Science and Technology of the Department
of Energy.
(c) HEAD OF OFFICE.—The Office of Spent Nuclear
Fuel Research shall be headed by the Associate Director,
who shall be a member of the Senior Executive Service
appointed by the Director of the Office of Nuclear Energy,
Science and Technology, and compensated at a rate deter-
mined by applicable law.
(d) DUTIES OF THE ASSOCIATE DIRECTOR.—
(1) PARTICIPATION.—The Associate Director
shall coordinate the participation of national labora-
tories, other Department of Energy facilities, univer-
sities, the commercial nuclear industry, and other
organizations in the investigation of technologies for
the treatment, recycling, and disposal of spent nu-
clear fuel and high-level radioactive waste.
(2) 
ACTIVITIES.—The 
Associate 
Director
shall—
(A) develop a research plan to provide rec-
ommendations to the Secretary by 2015;
(B) identify promising technologies for the
treatment, recycling, and disposal of spent nu-
clear fuel and high-level radioactive waste;
(C) conduct research, development, and
demonstration activities for promising tech-
nologies;
(D) ensure that all activities include as key
objectives minimization of proliferation concerns
and risk to health of the general public or site
workers, as well as development of cost-effective
technologies;
(E) require research on both reactor-based
and accelerator-based transmutation systems;
(F) require research on advanced proc-
essing and separations;
(G) include participation of international
collaborators in research efforts, and provide
funding to a collaborator that brings unique ca-
pabilities not available in the United States if
the country in which the collaborator is located
is unable to provide support; and
(H) ensure that research efforts are co-
ordinated with research on advanced fuel cycles
and reactors conducted by the Office of Nuclear
Energy, Science and Technology.
(e) GRANT AND CONTRACT AUTHORITY.—The Sec-
retary may make grants, or enter into contracts, for the
purposes of the research projects and activities described
in subsection (d)(2).
(f) REPORT.—The Associate Director shall annually
submit to Congress a report on the activities and expendi-
tures of the Office that describes the progress being made
in achieving the objectives of this section.
SEC. 403. ADVANCED FUEL RECYCLING TECHNOLOGY DE-
VELOPMENT PROGRAM.
(a) IN GENERAL.—The Secretary, acting through the
Director of the Office of Nuclear Energy, Science and
Technology, shall conduct an advanced fuel recycling tech-
nology research and development program to further the
availability of electrometallurgical technology as a pro-
liferation-resistant alternative to aqueous reprocessing in
support of evaluation of alternative national strategies for
spent nuclear fuel and the Generation IV advanced reactor
concepts, subject to annual review by the Nuclear Energy
Research Advisory Committee.
(b) REPORTS.—The Secretary shall submit to the
Committee on Science and the Committee on Appropria-
tions of the House of Representatives and the Committee
on Energy and Natural Resources and the Committee on
Appropriations of the Senate an annual report on the ac-
tivities of the advanced fuel recycling technology develop-
ment program.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out this section—
(1) $10,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal years
2003 through 2006.
TITLE V—NATIONAL
ACCELERATOR SITE
SEC. 501. FINDINGS.
Congress finds that—
(1)(A) high-current proton accelerators are ca-
pable of producing significant quantities of neutrons
through the spallation process without using a crit-
ical assembly; and
(B) the availability of high-neutron fluences en-
ables a wide range of missions of major national im-
portance to be conducted;
(2)(A) public acceptance of repositories, wheth-
er for spent fuel or for final waste products from
spent fuel, may be enhanced if the radio-toxicity of
the materials in the repository can be reduced;
(B) transmutation of long-lived radioactive spe-
cies by an intense neutron source provides an ap-
proach to such a reduction in toxicity; and
(C) research and development in this area
(which, when the source of neutrons is derived from
an accelerator, is called ‘‘accelerator transmutation
of waste’’) should be an important part of a national
spent fuel strategy;
(3)(A) nuclear weapons require a reliable source
of tritium;
(B) the Department of Energy has identified
production of tritium in a commercial light water re-
actor as the first option to be pursued;
(C) the importance of tritium supply is of suffi-
cient magnitude that a backup technology should be
demonstrated and available for rapid scale-up to full
requirements;
(D) evaluation of tritium production by a high-
current accelerator has been underway; and
(E) accelerator production of tritium should be
demonstrated, so that the capability can be scaled
up to levels required for the weapons stockpile if dif-
ficulties arise with the reactor approach;
(4)(A) radioisotopes are required in many med-
ical procedures;
(B) research on new medical procedures is ad-
versely affected by the limited availability of produc-
tion facilities for certain radioisotopes; and
(C) high-current accelerators are an important
source of radioisotopes, and are best suited for pro-
duction of proton-rich isotopes; and
(5)(A) a spallation source provides a continuum
of neutron energies; and
(B) the energy spectrum of neutrons can be al-
tered and tailored to allow a wide range of experi-
ments in support of nuclear engineering studies of
alternative reactor configurations, including studies
of materials that may be used in future fission or fu-
sion systems.
SEC. 502. DEFINITION.
In this title, the term ‘‘Program’’ means the Ad-
vanced Accelerator Applications Program established
under section 503.
SEC. 503. ADVANCED ACCELERATOR APPLICATIONS PRO-
GRAM.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary
shall establish a program to be known as the ‘‘Advanced
Accelerator Applications Program’’.
(b) MISSIONS.—The missions of the Program shall
include conducting scientific or engineering research, de-
velopment, and demonstrations on—
(1) accelerator production of tritium as a
backup technology;
(2) transmutation of spent nuclear fuel and
waste;
(3) production of radioisotopes;
(4) advanced nuclear engineering concepts, in-
cluding material science issues; and
(5) other applications that may be identified.
(c) ADMINISTRATION.—The Program shall be admin-
istered by the Office of Nuclear Energy, Science and
Technology—
(1) subject to the concurrence of the Adminis-
trator for Nuclear Security, for all activities related
to tritium production;
(2) in consultation with the Office of Civilian
Radioactive Waste Management, for all activities re-
lating to the impact of waste transmutation on re-
pository requirements; and
(3) in consultation with other Federal agencies
as deemed appropriate by the Secretary.
(d) PARTICIPATION.—The Office of Nuclear Energy,
Science and Technology shall encourage participation of
international collaborators, industrial partners, national
laboratories, other Department of Energy facilities, and,
through support for new graduate engineering and science
students and professors, universities.
(e) REPORT TO CONGRESS.—
(1) CONTENTS.—The Office of Nuclear Energy,
Science and Technology shall prepare a report on
the project proposed at the location identified under
section 3133(c) of the National Defense Authoriza-
tion Act for Fiscal Year 1996 (42 U.S.C. 2121
note). The report shall—
(A) specify a detailed time line for con-
struction and for operation of all activities;
(B) identify opportunities for involvement
of the private sector in production and use of
radioisotopes; and
(C) contain a recommendation for funding
required to accomplish the project in future fis-
cal years.
(2) SUBMITTAL TO CONGRESS.—Not later than
March 31, 2002, the Secretary shall submit the re-
port to the Committee on Energy and Natural Re-
sources and Committee on Appropriations of the
Senate, and to the Committee on Armed Services,
Committee on Science, and Committee on Appro-
priations of the House of Representatives.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) PROPOSAL.—There are authorized to be ap-
propriated to the Secretary for the preparation and
submittal of the report under subsection (e)
$5,000,000 for each of fiscal years 2002 and 2003.
(2) RESEARCH, 
DEVELOPMENT, 
AND
DEM-
ONSTRATION ACTIVITIES.—There are authorized to
be appropriated to the Secretary for research, devel-
opment, 
and 
demonstration 
activities 
of 
the
Program—
(A) $120,000,000 for fiscal year 2002; and
(B) such sums as are necessary for subse-
quent fiscal years.
TITLE 
VI—NUCLEAR 
REGU-
LATORY 
COMMISSION 
RE-
FORM
SEC. 601. DEFINITIONS.
Section 11 of the Atomic Energy Act of 1954 (42
U.S.C. 2014) is amended—
(1) in subsection f., by striking ‘‘Atomic Energy
Commission’’ and inserting ‘‘Nuclear Regulatory
Commission’’; and
(2) by redesignating subsection jj. as subsection
ii..
SEC. 602. OFFICE LOCATION.
Section 23 of the Atomic Energy Act of 1954 (42
U.S.C. 2033) is amended by striking ‘‘; however, the Com-
mission shall maintain an office for the service of process
and papers within the District of Columbia’’.
SEC. 603. LICENSE PERIOD.
Section 103 c. of the Atomic Energy Act of 1954 (42
U.S.C. 2133(c)) is amended—
(1) by striking ‘‘c. Each such’’ and inserting
the following:
‘‘c. LICENSE PERIOD.—
‘‘(1) IN GENERAL.—Each such’’; and
(2) by adding at the end the following:
‘‘(2) COMBINED LICENSES.—In the case of a
combined construction and operating license issued
under section 185 b., the initial duration of the li-
cense may not exceed 40 years from the date on
which the Commission finds, before operation of the
facility, that the acceptance criteria required by sec-
tion 185 b. are met.’’.
SEC. 604. ELIMINATION OF FOREIGN OWNERSHIP RESTRIC-
TIONS.
Section 104 d. of the Atomic Energy Act of 1954 (42
U.S.C. 2134(d)) is amended by striking the second sen-
tence.
SEC. 605. ELIMINATION OF DUPLICATIVE ANTITRUST RE-
VIEW.
Section 105 of the Atomic Energy Act of 1954 (42
U.S.C. 2135) is amended by striking subsection c. and in-
serting the following:
‘‘c. CONDITIONS.—
‘‘(1) IN GENERAL.—A condition for a grant of
a license imposed by the Commission under this sec-
tion in effect on the date of enactment of the Elec-
tricity Supply Assurance Act of 2001 shall remain in
effect until the condition is modified or removed by
the Commission.
‘‘(2) MODIFICATION.—If a person that is li-
censed to construct or operate a utilization or pro-
duction facility applies for reconsideration under this
section of a condition imposed in the person’s li-
cense, the Commission shall conduct a proceeding,
on an expedited basis, to determine whether the li-
cense condition—
‘‘(A) is necessary to ensure compliance
with subsection a.; or
‘‘(B) should be modified or removed.’’.
SEC. 606. GIFT ACCEPTANCE AUTHORITY.
(a) IN GENERAL.—Section 161 g. of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2201(g)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘g.’’;
(2) by striking ‘‘this Act;’’ and inserting ‘‘this
Act; or’’; and
(3) by adding at the end the following:
‘‘(2) accept, hold, utilize, and administer gifts
of real and personal property (not including money)
for the purpose of aiding or facilitating the work of
the Commission;’’.
(b) CRITERIA FOR ACCEPTANCE OF GIFTS.—
(1) IN GENERAL.—Chapter 14 of title I of the
Atomic Energy Act of 1954 (42 U.S.C. 2201 et
seq.) is amended by adding at the end the following:
‘‘SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS.
‘‘(a) IN GENERAL.—The Commission shall establish
written criteria for determining whether to accept gifts
under section 161 g.(2).
‘‘(b) CONSIDERATIONS.—The criteria under sub-
section (a) shall take into consideration whether the ac-
ceptance of a gift would compromise the integrity of, or
the appearance of the integrity of, the Commission or any
officer or employee of the Commission.’’.
(2) CONFORMING AMENDMENT.—The table of
contents of the Atomic Energy Act of 1954 (42
U.S.C. prec. 2011) is amended by adding at the end
of the items relating to chapter 14 the following:
‘‘Sec. 170C. Criteria for acceptance of gifts.’’.
SEC. 607. AUTHORITY OVER FORMER LICENSEES FOR DE-
COMMISSIONING FUNDING.
Section 161 i. of the Atomic Energy Act of 1954 (42
U.S.C. 2201(i)) is amended—
(1) by striking ‘‘and (3)’’ and inserting ‘‘(3)’’;
and
(2) by inserting before the semicolon at the end
the following: ‘‘, and (4) to ensure that sufficient
funds will be available for the decommissioning of
any production or utilization facility licensed under
section 103 or 104 b., including standards and re-
strictions governing the control, maintenance, use,
and disbursement by any former licensee under this
Act that has control over any fund for the decom-
missioning of the facility’’.
SEC. 608. CARRYING OF FIREARMS BY LICENSEE EMPLOY-
EES.
(a) IN GENERAL.—Chapter 14 of title I of the Atomic
Energy Act of 1954 (42 U.S.C. 2201 et seq.) (as amended
by section 606(b) of this Act) is amended—
(1) in section 161, by striking subsection k. and
inserting the following:
‘‘k. authorize to carry a firearm in the perform-
ance of official duties such of its members, officers,
and employees, such of the employees of its contrac-
tors and subcontractors (at any tier) engaged in the
protection of property under the jurisdiction of the
United States located at facilities owned by or con-
tracted 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 (in-
cluding employees of contractors of licensees or cer-
tificate holders) engaged in the protection of facili-
ties owned or operated by a Commission licensee or
certificate holder that are designated by the Com-
mission or in the protection of property of signifi-
cance to the common defense and security located at
facilities owned or operated by a Commission li-
censee or certificate holder or being transported to
or from such facilities, as the Commission considers
necessary in the interest of the common defense and
security;’’ and
(2) by adding at the end the following:
‘‘SEC. 170D. CARRYING OF FIREARMS.
‘‘(a) AUTHORITY TO MAKE ARREST.—A person au-
thorized under section 161 k. to carry a firearm may,
while in the performance of, and in connection with, offi-
cial duties, arrest an individual without a warrant for any
offense against the United States committed in the pres-
ence 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 commit-
ting such a felony.
‘‘(b) LIMITATION.—An employee of a contractor or
subcontractor or of a Commission licensee or certificate
holder (or a contractor of a licensee or certificate holder)
authorized to make an arrest under subsection (a) may
make an arrest only—
‘‘(1) when the individual is within, or is in
flight directly from, the area in which the offense
was committed; and
‘‘(2) in the enforcement of—
‘‘(A) a law regarding the property of the
United States in the custody of the Department
of Energy, the Commission, or a contractor of
the Department of Energy or Commission or a
licensee or certificate holder of the Commission;
‘‘(B) a law applicable to facilities owned or
operated by a Commission licensee or certificate
holder that are designated by the Commission
under section 161 k.;
‘‘(C) a law applicable to property of signifi-
cance to the common defense and security that
is in the custody of a licensee or certificate
holder or a contractor of a licensee or certificate
holder of the Commission; or
‘‘(D) any provision of this Act that sub-
jects an offender to a fine, imprisonment, or
both.
‘‘(c) OTHER AUTHORITY.—The arrest authority con-
ferred by this section is in addition to any arrest authority
under other law.
‘‘(d) GUIDELINES.—The Secretary and the Commis-
sion, with the approval of the Attorney General, shall issue
guidelines to implement section 161 k. and this section.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents of the Atomic Energy Act of 1954 (42 U.S.C. prec.
2011) (as amended by section 605(b)(2) of this Act) is
amended by adding at the end of the items relating to
chapter 14 the following:
‘‘Sec. 170D. Carrying of firearms.’’.
SEC. 609. COST RECOVERY FROM GOVERNMENT AGENCIES.
Section 161 w. of the Atomic Energy Act of 1954
(42 U.S.C. 2201(w)) is amended—
(1) by striking ‘‘, or which operates any facility
regulated or certified under section 1701 or 1702,’’;
(2) by striking ‘‘483a of title 31 of the United
States Code’’ and inserting ‘‘9701 of title 31, United
States Code,’’; and
(3) by inserting before the period at the end the
following: ‘‘, and, commencing October 1, 2002, pre-
scribe and collect from any other Government agen-
cy any fee, charge, or price that the Commission
may require in accordance with section 9701 of title
31, United States Code, or any other law’’.
SEC. 610. HEARING PROCEDURES.
Section 189 a.(1) of the Atomic Energy Act of 1954
(42 U.S.C. 2239(a)(1)) is amended by adding at the end
the following:
‘‘(C) HEARINGS.—A hearing under this section shall
be conducted using informal adjudicatory procedures es-
tablished under sections 553 and 555 of title 5, United
States Code, unless the Commission determines that for-
mal adjudicatory procedures are necessary—
‘‘(i) to develop a sufficient record; or
‘‘(ii) to achieve fairness.’’.
SEC. 611. UNAUTHORIZED INTRODUCTION OF DANGEROUS
WEAPONS.
Section 229 a. of the Atomic Energy Act of 1954 (42
U.S.C. 2278a(a)) is amended in the first sentence by in-
serting ‘‘or subject to the licensing authority of the Com-
mission or to certification by the Commission under this
Act or any other Act’’ before the period at the end.
SEC. 612. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236 a. of the Atomic Energy Act of 1954 (42
U.S.C. 2284(a)) is amended—
(1) in paragraph (2), by striking ‘‘storage facil-
ity’’ and inserting ‘‘storage, treatment, or disposal
facility’’;
(2) in paragraph (3)—
(A) by striking ‘‘such a utilization facility’’
and inserting ‘‘a utilization facility licensed
under this Act’’; and
(B) by striking ‘‘or’’ at the end;
(3) in paragraph (4)—
(A) by striking ‘‘facility licensed’’ and in-
serting ‘‘or nuclear fuel fabrication facility li-
censed or certified’’; and
(B) by striking the period at the end and
inserting ‘‘; or’’; and
(4) by adding at the end the following:
‘‘(5) any production, utilization, waste storage,
waste treatment, waste disposal, uranium enrich-
ment, or nuclear fuel fabrication facility subject to
licensing or certification under this Act during con-
struction of the facility, if the person knows or rea-
sonably should know that there is a significant pos-
sibility that the destruction or damage caused or at-
tempted to be caused could adversely affect public
health and safety during the operation of the facil-
ity,’’.
SEC. 613. NUCLEAR DECOMMISSIONING OBLIGATIONS OF
NONLICENSEES.
(a) IN GENERAL.—The Atomic Energy Act of 1954
is amended by inserting after section 241 (42 U.S.C.
2015) the following:
‘‘SEC. 242. NUCLEAR DECOMMISSIONING OBLIGATIONS OF
NONLICENSEES.
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘facility’ means a commercial nu-
clear electric generating facility for which a Federal
nuclear obligation is incurred;
‘‘(2) the term ‘Federal nuclear obligation’
means—
‘‘(A) a nuclear decommissioning obligation;
‘‘(B) a fee required to be paid to the Fed-
eral Government by a licensee for the storage,
transportation, or disposal of spent nuclear fuel
and high-level radioactive waste, including a fee
required under the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10101 et seq.); and
‘‘(C) an assessment by the Federal Gov-
ernment to fund the cost of decontamination
and decommissioning of uranium enrichment
facilities, including an assessment required
under chapter 28 of this Act; and
‘‘(3) the term ‘nuclear decommissioning obliga-
tion’ means an expense incurred to ensure the con-
tinued protection of the public from the dangers of
any residual radioactivity or other hazards present
at a facility at the time the facility is decommis-
sioned, including all costs of actions required under
rules, regulations, and orders of the Commission
for—
‘‘(A) entombing, dismantling, and decom-
missioning a facility; and
‘‘(B) administrative, preparatory, security,
and radiation monitoring expenses associated
with entombing, dismantling, and decommis-
sioning a facility.
‘‘(b) DECOMMISSIONING OBLIGATIONS.—After public
notice and in accordance with section 181, the Commis-
sion shall establish by rule, regulation, or order any re-
quirement that the Commission considers necessary to en-
sure that a person that is not a licensee (including a
former licensee) complies fully with any nuclear decommis-
sioning obligation.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents of the Atomic Energy Act of 1954 (42 U.S.C. prec.
2011) is amended by inserting after the item relating to
section 241 the following:
‘‘Sec. 242. Nuclear decommissioning obligations of nonlicensees.’’.
Æ