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‘‘(vi) $20,000,000 in fiscal year 2007.
Any amounts authorized to be paid in a fiscal
year under this subparagraph that are not paid
in that fiscal year may be paid in subsequent
fiscal years.’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section
1003(a) of the Energy Policy Act of 1992 (42 U.S.C. 2296a–
2) is amended by striking ‘‘$490,000,000’’ and inserting
‘‘$715,000,000’’.
(c) 
DECONTAMINATION
AND
DECOMMISSIONING
FUND.—Section 1802(a) of the Atomic Energy Act of 1954
(42 U.S.C. 2297g–1(a)) is amended—
(1) by striking ‘‘$488,333,333’’ and inserting
‘‘$518,233,333’’; and
(2) by inserting after ‘‘inflation’’ the following:
‘‘beginning on the date of enactment of the Energy
Policy Act of 1992’’.
SEC. 513. FAST FLUX TEST FACILITY.
The Secretary of Energy shall not reactivate the Fast
Flux Test Facility to conduct—
(1) any atomic energy defense activity,
(2) any space-related mission, or
(3) any program for the production or utiliza-
tion of nuclear material if the Secretary has deter-
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mined, in a record of decision, that the program can
be carried out at existing operating facilities.
SEC. 514. NUCLEAR POWER 2010.
(a) DEFINITIONS.—In this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Energy.
(2) OFFICE.—The term ‘‘Office’’ means the Office
of Nuclear Energy Science and Technology of the De-
partment of Energy.
(3) DIRECTOR.—The term ‘‘Director’’ means the
Director of the Office of Nuclear Energy Science and
Technology of the Department of Energy.
(4) PROGRAM.—The term ‘‘Program’’ means the
Nuclear Power 2010 Program.
(b) ESTABLISHMENT.—The Secretary shall carry out
a program, to be managed by the Director.
(c) PURPOSE.—The program shall aggressively pursue
those activities that will result in regulatory approvals and
design completion in a phased approach, with joint govern-
ment/industry cost sharing, which would allow for the con-
struction and startup of new nuclear plants in the United
States by 2010.
(d) ACTIVITIES.—In carrying out the program, the Di-
rector shall—
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(1) issue a solicitation to industry seeking pro-
posals from joint venture project teams comprised of
reactor vendors and power generation companies to
participate in the Nuclear Power 2010 program;
(2) seek innovative business arrangements, such
as consortia among designers, constructors, nuclear
steam supply systems and major equipment suppliers,
and plant owner/operators, with strong and common
incentives to build and operate new plants in the
United States;
(3) conduct the Nuclear Power 2010 program
consistent with the findings of ‘‘A Roadmap to De-
ploy New Nuclear Power Plants in the United States
by 2010’’ issued by the Near-Term Deployment Work-
ing Group of the Nuclear Energy Research Advisory
Committee of the Department of Energy;
(4) rely upon the expertise and capabilities of
the Department of Energy national laboratories and
sites in the areas of advanced nuclear fuel cycles and
fuels testing, giving consideration to existing lead lab-
oratory designations and the unique capabilities and
facilities available at each national laboratory and
site;
(5) pursue deployment of both water-cooled and
gas-cooled reactor designs on a dual track basis that
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will provide maximum potential for the success of
both;
(6) include participation of international col-
laborators in research and design efforts where bene-
ficial; and
(7) seek to accomplish the essential regulatory
and technical work, both generic and design-specific,
to make possible new nuclear plants within this dec-
ade.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
the purposes of this section such sums as are necessary for
fiscal year 2003 and for each fiscal year thereafter.
SEC. 515. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.
(a) FINDINGS.—Congress finds that—
(1) before the Federal Government takes any ir-
reversible action relating to the disposal of spent nu-
clear fuel, Congress must determine whether the spent
fuel in the repository should be treated as waste sub-
ject to permanent burial or should be considered an
energy resource that is needed to meet future energy
requirements; and
(2) national policy on spent nuclear fuel may
evolve with time as improved technologies for spent
fuel are developed or as national energy needs evolve.
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(b) DEFINITIONS.—In this section:
(1) ASSOCIATE DIRECTOR.—The term ‘‘Associate
Director’’ means the Associate Director of the Office.
(2) OFFICE.—The term ‘‘Office’’ means the Office
of Spent Nuclear Fuel Research within the Office of
Nuclear Energy Science and Technology of the De-
partment of Energy.
(c) ESTABLISHMENT.—There is established an Office
of Spent Nuclear Fuel Research within the Office of Nuclear
Energy Science and Technology of the Department of En-
ergy.
(d) HEAD OF OFFICE.—The Office 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 com-
pensated at a rate determined by applicable law.
(e) DUTIES OF THE ASSOCIATE DIRECTOR.—
(1) IN GENERAL.—The Associate Director shall
be responsible for carrying out an integrated research,
development, and demonstration program on tech-
nologies for treatment, recycling, and disposal of
high-level nuclear radioactive waste and spent nuclear
fuel, subject to the general supervision of the Sec-
retary.
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(2) PARTICIPATION.—The Associate Director
shall coordinate the participation of national labora-
tories, universities, the commercial nuclear industry,
and other organizations in the investigation of tech-
nologies for the treatment, recycling, and disposal of
spent nuclear fuel and high-level radioactive waste.
(3) ACTIVITIES.—The Associate Director shall—
(A) develop a research plan to provide rec-
ommendations 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 and development ac-
tivities for promising technologies;
(D) ensure that all activities include as key
objectives minimization of proliferation concerns
and risk to the health of the general public or
site workers, as well as development of cost-effec-
tive technologies;
(E) require research on both reactor- and
accelerator-based transmutation systems;
(F) require research on advanced processing
and separations;
(G) include participation of international
collaborators in research efforts, and provide
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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 for their support; and
(H) ensure that research efforts are coordi-
nated with research on advanced fuel cycles and
reactors conducted by the Office of Nuclear En-
ergy Science and Technology.
(f) 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
this section.
(g) 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. 516. DECOMMISSIONING PILOT PROGRAM.
(a) PILOT PROGRAM.—The Secretary of Energy shall
establish a decommissioning pilot program to decommission
and decontaminate the sodium-cooled fast breeder experi-
mental test-site reactor located in northwest Arkansas in
accordance with the decommissioning activities contained
in the August 31, 1998, Department of Energy report on
the reactor.
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(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$16,000,000.
Subtitle C—Growth of Nuclear
Energy
SEC. 521. COMBINED LICENSE PERIODS.
Section 103c. 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 duration of the operating
phase of the license period shall not be less than the
duration of the operating license if application had
been made for separate construction and operating li-
censes.’’.
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Subtitle D—NRC Regulatory
Reform
SEC. 531. ANTITRUST REVIEW.
(a) IN GENERAL.—Section 105 of the Atomic Energy
Act of 1954 (42 U.S.C. 2135) is amended by adding at the
end the following:
‘‘d. ANTITRUST LAWS.—
‘‘(1) NOTIFICATION.—Except as provided in
paragraph (4), when the Commission proposes to
issue a license under section 103 or 104b., the Com-
mission shall notify the Attorney General of the pro-
posed license and the proposed terms and conditions
of the license.
‘‘(2) ACTION
BY
THE
ATTORNEY
GENERAL.—
Within a reasonable time (but not more than 90
days) after receiving notification under paragraph
(1), the Attorney General shall submit to the Commis-
sion and publish in the Federal Register a determina-
tion whether, insofar as the Attorney General is able
to determine, the proposed license would tend to cre-
ate or maintain a situation inconsistent with the
antitrust laws.
‘‘(3) INFORMATION.—On the request of the Attor-
ney General, the Commission shall furnish or cause to
be furnished such information as the Attorney Gen-
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eral determines to be appropriate or necessary to en-
able the Attorney General to make the determination
under paragraph (2).
‘‘(4) APPLICABILITY.—This subsection shall not
apply to such classes or type of licenses as the Com-
mission, with the approval of the Attorney General,
determines would not significantly affect the activities
of a licensee under the antitrust laws.’’.
(b) CONFORMING AMENDMENT.—Section 105c. of the
Atomic Energy Act of 1954 (42 U.S.C. 2135(c)) is amended
by adding at the end the following:
‘‘(9) APPLICABILITY.—This subsection does not
apply to an application for a license to construct or
operate a utilization facility under section 103 or
104b. that is filed on or after the date of enactment
of subsection d.’’.
SEC. 532. DECOMMISSIONING.
(a) AUTHORITY OVER FORMER LICENSEES FOR DE-
COMMISSIONING FUNDING.—Section 161i. 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
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any production or utilization facility licensed under
section 103 or 104b., including standards and restric-
tions governing the control, maintenance, use, and
disbursement by any former licensee under this Act
that has control over any fund for the decommis-
sioning of the facility’’.
(b) TREATMENT OF NUCLEAR REACTOR FINANCIAL
OBLIGATIONS.—Section 523 of title 11, United States Code,
is amended by adding at the end the following:
‘‘(f) TREATMENT OF NUCLEAR REACTOR FINANCIAL
OBLIGATIONS.—Notwithstanding any other provision of
this title—
‘‘(1) any funds or other assets held by a licensee
or former licensee of the Nuclear Regulatory Commis-
sion, or by any other person, to satisfy the responsi-
bility of the licensee, former licensee, or any other per-
son to comply with a regulation or order of the Nu-
clear Regulatory Commission governing the decon-
tamination and decommissioning of a nuclear power
reactor licensed under section 103 or 104b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b))
shall not be used to satisfy the claim of any creditor
in any proceeding under this title, other than a claim
resulting from an activity undertaken to satisfy that
responsibility, until the decontamination and decom-