201
‘‘(3) an analysis of the barriers to the develop-
ment of energy resources on Indian land (including
legal, fiscal, market, and other barriers), along with
recommendations for the removal of those barriers.
‘‘SEC. 2606. FEDERAL POWER MARKETING ADMINISTRA-
TIONS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) The term ‘Administrator’ means the Ad-
ministrator of the Bonneville Power Administration
and the Administrator of the Western Area Power
Administration.
‘‘(2) The term ‘power marketing administra-
tion’ means—
‘‘(A) the Bonneville Power Administration;
‘‘(B) the Western Area Power Administra-
tion; and
‘‘(C) any other power administration the
power allocation of which is used by or for the
benefit of an Indian tribe located in the service
area of the administration.
‘‘(b) ENCOURAGEMENT OF INDIAN TRIBAL ENERGY
DEVELOPMENT.—Each Administrator shall encourage In-
dian tribal energy development by taking such actions as
are appropriate, including administration of programs of
the Bonneville Power Administration and the Western
202
Area Power Administration, in accordance with this sec-
tion.
‘‘(c) ACTION BY THE ADMINISTRATOR.—In carrying
out this section, and in accordance with existing law—
‘‘(1) each Administrator shall consider the
unique relationship that exists between the United
States and Indian tribes;
‘‘(2) power allocations from the Western Area
Power Administration to Indian tribes may be used
to meet firming and reserve needs of Indian-owned
energy projects on Indian land;
‘‘(3) the Administrator of the Western Area
Power Administration may purchase non-federally
generated power from Indian tribes to meet the
firming and reserve requirements of the Western
Area Power Administration; and
‘‘(4) each Administrator shall not pay more
than the prevailing market price for an energy prod-
uct nor obtain less than prevailing market terms and
conditions.
‘‘(d) ASSISTANCE
FOR
TRANSMISSION
SYSTEM
USE.—(1) An Administrator may provide technical assist-
ance to Indian tribes seeking to use the high-voltage trans-
mission system for delivery of electric power.
203
‘‘(2) The costs of technical assistance provided under
paragraph (1) shall be funded by the Secretary of Energy
using nonreimbursable funds appropriated for that pur-
pose, or by the applicable Indian tribes.
‘‘(e) POWER ALLOCATION STUDY.—Not later than 2
years after the date of enactment of the Indian Tribal En-
ergy Development and Self-Determination Act of 2005,
the Secretary of Energy shall submit to Congress a report
that—
‘‘(1) describes the use by Indian tribes of Fed-
eral power allocations of the Western Area Power
Administration (or power sold by the Southwestern
Power Administration) and the Bonneville Power
Administration to or for the benefit of Indian tribes
in service areas of those administrations; and
‘‘(2) identifies—
‘‘(A) the quantity of power allocated to, or
used for the benefit of, Indian tribes by the
Western Area Power Administration;
‘‘(B) the quantity of power sold to Indian
tribes by other power marketing administra-
tions; and
‘‘(C) barriers that impede tribal access to
and use of Federal power, including an assess-
ment of opportunities to remove those barriers
204
and improve the ability of power marketing ad-
ministrations to deliver Federal power.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$750,000, which shall remain available until expended and
shall not be reimbursable.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Policy Act of 1992 is amended by
striking the items relating to title XXVI (other than the
title heading) and inserting the following:
‘‘Sec. 2601. Definitions.
‘‘Sec. 2602. Indian tribal energy resource development.
‘‘Sec. 2603. Indian tribal energy resource regulation.
‘‘Sec. 2604. Leases, business agreements, and rights-of-way involving energy
development or transmission.
‘‘Sec. 2605. Indian mineral development review.
‘‘Sec. 2606. Federal Power Marketing Administrations.’’.
SEC. 504. CONSULTATION WITH INDIAN TRIBES.
In carrying out this title and the amendments made
by this title, the Secretary of Energy and the Secretary
shall, as appropriate and to the maximum extent prac-
ticable, involve and consult with Indian tribes.
SEC. 505. FOUR CORNERS TRANSMISSION LINE PROJECT.
The Dine Power Authority, an enterprise of the Nav-
ajo Nation, shall be eligible to receive grants and other
assistance as authorized by section 217 of the Department
of Energy Organization Act, as added by section 502 of
this title, and section 2602 of the Energy Policy Act of
1992, as amended by this title, for activities associated
205
with the development of a transmission line from the Four
Corners Area to southern Nevada, including related power
generation opportunities.
TITLE VI—NUCLEAR MATTERS
Subtitle A—Price-Anderson Act
Amendments
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ‘‘Price-Anderson
Amendments Act of 2005’’.
SEC. 602. EXTENSION OF INDEMNIFICATION AUTHORITY.
(a) INDEMNIFICATION
OF NUCLEAR REGULATORY
COMMISSION LICENSEES.—Section 170 c. of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(c)) is amended—
(1) in the subsection heading, by striking ‘‘LI-
CENSES’’ and inserting ‘‘LICENSEES’’; and
(2) by striking ‘‘December 31, 2003’’ each
place it appears and inserting ‘‘December 31,
2025’’.
(b) INDEMNIFICATION OF DEPARTMENT OF ENERGY
CONTRACTORS.—Section 170 d.(1)(A) of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is amended
by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem-
ber 31, 2025’’.
(c) INDEMNIFICATION OF NONPROFIT EDUCATIONAL
INSTITUTIONS.—Section 170 k. of the Atomic Energy Act
206
of 1954 (42 U.S.C. 2210(k)) is amended by striking ‘‘Au-
gust 1, 2002’’ each place it appears and inserting ‘‘Decem-
ber 31, 2025’’.
SEC. 603. MAXIMUM ASSESSMENT.
Section 170 of the Atomic Energy Act of 1954 (42
U.S.C. 2210) is amended—
(1) in the second proviso of the third sentence
of subsection b.(1)—
(A) by striking ‘‘$63,000,000’’ and insert-
ing ‘‘$95,800,000’’; and
(B) by striking ‘‘$10,000,000 in any 1
year’’ and inserting ‘‘$15,000,000 in any 1 year
(subject to adjustment for inflation under sub-
section t.)’’; and
(2) in subsection t.(1)—
(A) by inserting ‘‘total and annual’’ after
‘‘amount of the maximum’’;
(B) by striking ‘‘the date of the enactment
of the Price-Anderson Amendments Act of
1988’’ and inserting ‘‘August 20, 2003’’; and
(C) in subparagraph (A), by striking ‘‘such
date of enactment’’ and inserting ‘‘August 20,
2003’’.
207
SEC. 604. DEPARTMENT OF ENERGY LIABILITY LIMIT.
(a) INDEMNIFICATION OF DEPARTMENT OF ENERGY
CONTRACTORS.—Section 170 d. of the Atomic Energy Act
of 1954 (42 U.S.C. 2210(d)) is amended by striking para-
graph (2) and inserting the following:
‘‘(2) In an agreement of indemnification entered into
under paragraph (1), the Secretary—
‘‘(A) may require the contractor to provide and
maintain financial protection of such a type and in
such amounts as the Secretary shall determine to be
appropriate to cover public liability arising out of or
in connection with the contractual activity; and
‘‘(B) shall indemnify the persons indemnified
against such liability above the amount of the finan-
cial 
protection 
required, 
in 
the 
amount 
of
$10,000,000,000 (subject to adjustment for inflation
under subsection t.), in the aggregate, for all per-
sons indemnified in connection with the contract and
for each nuclear incident, including such legal costs
of the contractor as are approved by the Secretary.’’.
(b) CONTRACT AMENDMENTS.—Section 170 d. of the
Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is further
amended by striking paragraph (3) and inserting the
following—
‘‘(3) All agreements of indemnification under which
the Department of Energy (or its predecessor agencies)
208
may be required to indemnify any person under this sec-
tion shall be deemed to be amended, on the date of enact-
ment of the Price-Anderson Amendments Act of 2005, to
reflect the amount of indemnity for public liability and any
applicable financial protection required of the contractor
under this subsection.’’.
(c) LIABILITY LIMIT.—Section 170 e.(1)(B) of the
Atomic Energy Act of 1954 (42 U.S.C. 2210(e)(1)(B)) is
amended—
(1) by striking ‘‘the maximum amount of finan-
cial protection required under subsection b. or’’; and
(2) by striking ‘‘paragraph (3) of subsection d.,
whichever amount is more’’ and inserting ‘‘para-
graph (2) of subsection d.’’.
SEC. 605. INCIDENTS OUTSIDE THE UNITED STATES.
(a) AMOUNT
OF INDEMNIFICATION.—Section 170
d.(5) of the Atomic Energy Act of 1954 (42 U.S.C.
2210(d)(5)) is amended by striking ‘‘$100,000,000’’ and
inserting ‘‘$500,000,000’’.
(b) LIABILITY LIMIT.—Section 170 e.(4) of the
Atomic Energy Act of 1954 (42 U.S.C. 2210(e)(4)) is
amended by striking ‘‘$100,000,000’’ and inserting
‘‘$500,000,000’’.
209
SEC. 606. REPORTS.
Section 170 p. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(p)) is amended by striking ‘‘August 1, 1998’’
and inserting ‘‘December 31, 2021’’.
SEC. 607. INFLATION ADJUSTMENT.
Section 170 t. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(t)) is amended—
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) The Secretary shall adjust the amount of indem-
nification provided under an agreement of indemnification
under subsection d. not less than once during each 5-year
period following July 1, 2003, in accordance with the ag-
gregate percentage change in the Consumer Price Index
since—
‘‘(A) that date, in the case of the first adjust-
ment under this paragraph; or
‘‘(B) the previous adjustment under this para-
graph.’’.
SEC. 608. TREATMENT OF MODULAR REACTORS.
Section 170 b. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(b)) is amended by adding at the end the fol-
lowing:
210
‘‘(5)(A) For purposes of this section only, the Com-
mission shall consider a combination of facilities described
in subparagraph (B) to be a single facility having a rated
capacity of 100,000 electrical kilowatts or more.
‘‘(B) A combination of facilities referred to in sub-
paragraph (A) is 2 or more facilities located at a single
site, each of which has a rated capacity of 100,000 elec-
trical kilowatts or more but not more than 300,000 elec-
trical kilowatts, with a combined rated capacity of not
more than 1,300,000 electrical kilowatts.’’.
SEC. 609. APPLICABILITY.
The amendments made by sections 603, 604, and 605
do not apply to a nuclear incident that occurs before the
date of the enactment of this Act.
SEC. 610. PROHIBITION ON ASSUMPTION BY UNITED
STATES GOVERNMENT OF LIABILITY FOR
CERTAIN FOREIGN INCIDENTS.
Section 170 of the Atomic Energy Act of 1954 (42
U.S.C. 2210) is amended by adding at the end the fol-
lowing new subsection:
‘‘u. PROHIBITION ON ASSUMPTION OF LIABILITY FOR
CERTAIN FOREIGN INCIDENTS.—Notwithstanding this
section or any other provision of law, no officer of the
United States or of any department, agency, or instrumen-
tality of the United States Government may enter into any
211
contract or other arrangement, or into any amendment or
modification of a contract or other arrangement, the pur-
pose or effect of which would be to directly or indirectly
impose liability on the United States Government, or any
department, agency, or instrumentality of the United
States Government, or to otherwise directly or indirectly
require an indemnity by the United States Government,
for nuclear incidents occurring in connection with the de-
sign, construction, or operation of a production facility or
utilization facility in any country whose government has
been identified by the Secretary of State as engaged in
state sponsorship of terrorist activities (specifically includ-
ing any country the government of which, as of September
11, 2001, had been determined by the Secretary of State
under section 620A(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2371(a)), section 6(j)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)),
or section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)) to have repeatedly provided support for
acts of international terrorism). This subsection shall not
apply to nuclear incidents occurring as a result of mis-
sions, carried out under the direction of the Secretary of
Energy, the Secretary of Defense, or the Secretary of
State, that are necessary to safely secure, store, transport,
212
or remove nuclear materials for nuclear safety or non-
proliferation purposes.’’.
SEC. 611. CIVIL PENALTIES.
(a) REPEAL
OF AUTOMATIC REMISSION.—Section
234A b.(2) of the Atomic Energy Act of 1954 (42 U.S.C.
2282a(b)(2)) is amended by striking the last sentence.
(b) LIMITATION
FOR
NOT-FOR-PROFIT
INSTITU-
TIONS.—Subsection d. of section 234A of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2282a(d)) is amended to read
as follows:
‘‘d.(1) Notwithstanding subsection a., in the case of
any not-for-profit contractor, subcontractor, or supplier,
the total amount of civil penalties paid under subsection
a. may not exceed the total amount of fees paid within
any 1-year period (as determined by the Secretary) under
the contract under which the violation occurs.
‘‘(2) For purposes of this section, the term ‘not-for-
profit’ means that no part of the net earnings of the con-
tractor, subcontractor, or supplier inures to the benefit of
any natural person or for-profit artificial person.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall not apply to any violation of the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.) occurring
under a contract entered into before the date of enactment
of this section.
213
SEC. 612. FINANCIAL ACCOUNTABILITY.
(a) AMENDMENT.—Section 170 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2210) is amended by adding
at the end the following new subsection:
‘‘v. FINANCIAL
ACCOUNTABILITY.—(1) Notwith-
standing subsection d., the Attorney General may bring
an action in the appropriate United States district court
to recover from a contractor of the Secretary (or subcon-
tractor or supplier of such contractor) amounts paid by
the Federal Government under an agreement of indem-
nification under subsection d. for public liability resulting
from conduct which constitutes intentional misconduct of
any corporate officer, manager, or superintendent of such
contractor (or subcontractor or supplier of such con-
tractor).
‘‘(2) The Attorney General may recover under
paragraph (1) an amount not to exceed the amount
of the profit derived by the defendant from the con-
tract.
‘‘(3) No amount recovered from any contractor
(or subcontractor or supplier of such contractor)
under paragraph (1) may be reimbursed directly or
indirectly by the Department of Energy.
‘‘(4) Paragraph (1) shall not apply to any non-
profit entity conducting activities under contract for
the Secretary.
214
‘‘(5) No waiver of a defense required under this
section shall prevent a defendant from asserting
such defense in an action brought under this sub-
section.
‘‘(6) The Secretary shall, by rule, define the
terms ‘profit’ and ‘nonprofit entity’ for purposes of
this subsection. Such rulemaking shall be completed
not later than 180 days after the date of the enact-
ment of this subsection.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall not apply to any agreement of indem-
nification entered into under section 170 d. of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(d)) before the date
of the enactment of this Act.
Subtitle B—General Nuclear
Matters
SEC. 621. LICENSES.
Section 103 c. of the Atomic Energy Act of 1954 (42
U.S.C. 2133(c)) is amended by inserting ‘‘from the au-
thorization to commence operations’’ after ‘‘forty years’’.
SEC. 622. NRC TRAINING PROGRAM.
(a) IN GENERAL.—In order to maintain the human
resource investment and infrastructure of the United
States in the nuclear sciences, health physics, and engi-
neering fields, in accordance with the statutory authorities
215
of the Nuclear Regulatory Commission relating to the ci-
vilian nuclear energy program, the Nuclear Regulatory
Commission shall carry out a training and fellowship pro-
gram to address shortages of individuals with critical nu-
clear safety regulatory skills.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated to the Nuclear Regulatory Commission
to carry out this section $1,000,000 for each of fis-
cal years 2005 through 2009.
(2) 
AVAILABILITY.—Funds 
made 
available
under paragraph (1) shall remain available until ex-
pended.
SEC. 623. 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 ‘‘for or is issued’’ and all that
follows through ‘‘1702’’ and inserting ‘‘to the Com-
mission for, or is issued by the Commission, a li-
cense or certificate’’;
(2) by striking ‘‘483a’’ and inserting ‘‘9701’’;
and
(3) by striking ‘‘, of applicants for, or holders
of, such licenses or certificates’’.
216
SEC. 624. ELIMINATION OF PENSION OFFSET.
Section 161 of the Atomic Energy Act of 1954 (42
U.S.C. 2201) is amended by adding at the end the fol-
lowing:
‘‘y. Exempt from the application of sections 8344 and
8468 of title 5, United States Code, an annuitant who was
formerly an employee of the Commission who is hired by
the Commission as a consultant, if the Commission finds
that the annuitant has a skill that is critical to the per-
formance of the duties of the Commission.’’.
SEC. 625. ANTITRUST REVIEW.
Section 105 c. of the Atomic Energy Act of 1954 (42
U.S.C. 2135(c)) is amended by adding at the end the fol-
lowing:
‘‘(9) APPLICABILITY.—This subsection does not
apply to an application for a license to construct or oper-
ate a utilization facility or production facility under sec-
tion 103 or 104 b. that is filed on or after the date of
enactment of this paragraph.’’.
SEC. 626. DECOMMISSIONING.
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
217
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. 627. LIMITATION ON LEGAL FEE REIMBURSEMENT.
Title II of the Energy Reorganization Act of 1974
(42 U.S.C. 5841 et seq.) is amended by adding at the end
the following new section:
‘‘LIMITATION ON LEGAL FEE REIMBURSEMENT
‘‘SEC. 212. The Department of Energy shall not, ex-
cept as required under a contract entered into before the
date of enactment of this section, reimburse any con-
tractor or subcontractor of the Department for any legal
fees or expenses incurred with respect to a complaint sub-
sequent to—
‘‘(1) an adverse determination on the merits
with respect to such complaint against the con-
tractor or subcontractor by the Director of the De-
partment of Energy’s Office of Hearings and Ap-
peals pursuant to part 708 of title 10, Code of Fed-
eral Regulations, or by a Department of Labor Ad-
ministrative Law Judge pursuant to section 211 of
this Act; or
218
‘‘(2) an adverse final judgment by any State or
Federal court with respect to such complaint against
the contractor or subcontractor for wrongful termi-
nation or retaliation due to the making of disclo-
sures protected under chapter 12 of title 5, United
States Code, section 211 of this Act, or any com-
parable State law,
unless the adverse determination or final judgment is re-
versed upon further administrative or judicial review.’’.
SEC. 629. REPORT ON FEASIBILITY OF DEVELOPING COM-
MERCIAL NUCLEAR ENERGY GENERATION
FACILITIES AT EXISTING DEPARTMENT OF
ENERGY SITES.
Not later than 1 year after the date of the enactment
of this Act, the Secretary of Energy shall submit to Con-
gress a report on the feasibility of developing commercial
nuclear energy generation facilities at Department of En-
ergy sites in existence on the date of enactment of this
Act.
SEC. 630. URANIUM SALES.
(a) SALES, TRANSFERS, AND SERVICES.—Section
3112 of the USEC Privatization Act (42 U.S.C. 2297h–
10) is amended by striking subsections (d), (e), and (f)
and inserting the following:
219
‘‘(3) The Secretary may transfer to the Corporation,
notwithstanding subsections (b)(2) and (d), natural ura-
nium in amounts sufficient to fulfill the Department of
Energy’s commitments under Article 4(B) of the Agree-
ment between the Department and the Corporation dated
June 17, 2002.
‘‘(d) INVENTORY SALES.—(1) In addition to the
transfers and sales authorized under subsections (b) and
(c) and under paragraph (5) of this subsection, the United
States Government may transfer or sell uranium in any
form subject to paragraphs (2), (3), and (4).
‘‘(2) Except as provided in subsections (b) and (c)
and paragraph (5) of this subsection, no sale or transfer
of uranium shall be made under this subsection by the
United States Government unless—
‘‘(A) the President determines that the material
is not necessary for national security needs and the
sale or transfer has no adverse impact on implemen-
tation of existing government-to-government agree-
ments;
‘‘(B) the price paid to the appropriate Federal
agency, if the transaction is a sale, will not be less
than the fair market value of the material; and