208
(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 
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
209
(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’’. 
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-
210
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 fol-
lowing—
‘‘(3) All agreements of indemnification under which 
the Department of Energy (or its predecessor agencies) 
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
211
(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’’. 
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
212
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: 
‘‘(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.’’.
213
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 
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
214
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, 
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,
215
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. 
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
216
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. 
‘‘(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-
217
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 
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.
218
(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’’. 
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.’’.
219
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 
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’’.