182
resources pursuant to the provisions of this section shall 
be valid unless the lease, business agreement, or right-of-
way is authorized by the provisions of a tribal energy re-
source agreement approved by the Secretary under sub-
section (e)(2). 
‘‘(e) TRIBAL ENERGY RESOURCE AGREEMENTS.—
‘‘(1) On issuance of regulations under para-
graph (8), an Indian tribe may submit to the Sec-
retary for approval a tribal energy resource agree-
ment governing leases, business agreements, and 
rights-of-way under this section. 
‘‘(2)(A) Not later than 180 days after the date 
on which the Secretary receives a tribal energy re-
source agreement submitted by an Indian tribe 
under paragraph (1), or not later than 60 days after 
the Secretary receives a revised tribal energy re-
source agreement submitted by an Indian tribe 
under paragraph (4)(C), (or such later date as may 
be agreed to by the Secretary and the Indian tribe), 
the Secretary shall approve or disapprove the tribal 
energy resource agreement. 
‘‘(B) The Secretary shall approve a tribal en-
ergy resource agreement submitted under paragraph 
(1) if—
183
‘‘(i) the Secretary determines that the In-
dian tribe has demonstrated that the Indian 
tribe has sufficient capacity to regulate the de-
velopment of energy resources of the Indian 
tribe; 
‘‘(ii) the tribal energy resource agreement 
includes provisions required under subpara-
graph (D); and 
‘‘(iii) the tribal energy resource agreement 
includes provisions that, with respect to a lease, 
business agreement, or right-of-way under this 
section—
‘‘(I) ensure the acquisition of nec-
essary information from the applicant for 
the lease, business agreement, or right-of-
way; 
‘‘(II) address the term of the lease or 
business agreement or the term of convey-
ance of the right-of-way; 
‘‘(III) address amendments and re-
newals; 
‘‘(IV) address the economic return to 
the Indian tribe under leases, business 
agreements, and rights-of-way;
184
‘‘(V) address technical or other rel-
evant requirements; 
‘‘(VI) establish requirements for envi-
ronmental review in accordance with sub-
paragraph (C); 
‘‘(VII) ensure compliance with all ap-
plicable environmental laws; 
‘‘(VIII) identify final approval author-
ity; 
‘‘(IX) provide for public notification of 
final approvals; 
‘‘(X) establish a process for consulta-
tion with any affected States concerning 
off-reservation impacts, if any, identified 
pursuant to the provisions required under 
subparagraph (C)(i); 
‘‘(XI) 
describe 
the 
remedies 
for 
breach of the lease, business agreement, or 
right-of-way; 
‘‘(XII) require each lease, business 
agreement, and right-of-way to include a 
statement that, in the event that any of its 
provisions violates an express term or re-
quirement set forth in the tribal energy re-
185
source agreement pursuant to which it was 
executed—
‘‘(aa) such provision shall be null 
and void; and 
‘‘(bb) if the Secretary determines 
such provision to be material, the Sec-
retary shall have the authority to sus-
pend or rescind the lease, business 
agreement, or right-of-way or take 
other appropriate action that the Sec-
retary determines to be in the best in-
terest of the Indian tribe; 
‘‘(XIII) require each lease, business 
agreement, and right-of-way to provide 
that it will become effective on the date on 
which a copy of the executed lease, busi-
ness agreement, or right-of-way is deliv-
ered to the Secretary in accordance with 
regulations adopted pursuant to this sub-
section; and 
‘‘(XIV) include citations to tribal 
laws, regulations, or procedures, if any, 
that set out tribal remedies that must be 
exhausted before a petition may be sub-
186
mitted to the Secretary pursuant to para-
graph (7)(B). 
‘‘(C) Tribal energy resource agreements sub-
mitted under paragraph (1) shall establish, and in-
clude provisions to ensure compliance with, an envi-
ronmental review process that, with respect to a 
lease, business agreement, or right-of-way under this 
section, provides for—
‘‘(i) the identification and evaluation of all 
significant environmental impacts (as compared 
with a no-action alternative), including effects 
on cultural resources; 
‘‘(ii) the identification of proposed mitiga-
tion; 
‘‘(iii) a process for ensuring that the public 
is informed of and has an opportunity to com-
ment on the environmental impacts of the pro-
posed action before tribal approval of the lease, 
business agreement, or right-of-way; and 
‘‘(iv) sufficient administrative support and 
technical capability to carry out the environ-
mental review process. 
‘‘(D) A tribal energy resource agreement nego-
tiated between the Secretary and an Indian tribe in 
accordance with this subsection shall include—
187
‘‘(i) provisions requiring the Secretary to 
conduct a periodic review and evaluation to 
monitor the performance of the Indian tribe’s 
activities associated with the development of en-
ergy resources under the tribal energy resource 
agreement; and 
‘‘(ii) when such review and evaluation re-
sult in a finding by the Secretary of imminent 
jeopardy to a physical trust asset arising from 
a violation of the tribal energy resource agree-
ment or applicable Federal laws, provisions au-
thorizing the Secretary to take appropriate ac-
tions determined by the Secretary to be nec-
essary to protect such asset, which actions may 
include reassumption of responsibility for activi-
ties associated with the development of energy 
resources on tribal land until the violation and 
conditions that gave rise to such jeopardy have 
been corrected. 
‘‘(E) The periodic review and evaluation de-
scribed in subparagraph (D) shall be conducted on 
an annual basis, except that, after the third such an-
nual review and evaluation, the Secretary and the 
Indian tribe may mutually agree to amend the tribal 
energy resource agreement to authorize the review
188
and evaluation required by subparagraph (D) to be 
conducted once every 2 years. 
‘‘(3) The Secretary shall provide notice and op-
portunity for public comment on tribal energy re-
source agreements submitted for approval under 
paragraph (1). The Secretary’s review of a tribal en-
ergy resource agreement under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) shall be limited to the direct effects of that ap-
proval. 
‘‘(4) If the Secretary disapproves a tribal en-
ergy resource agreement submitted by an Indian 
tribe under paragraph (1), the Secretary shall, not 
later than 10 days after the date of disapproval—
‘‘(A) notify the Indian tribe in writing of 
the basis for the disapproval; 
‘‘(B) identify what changes or other ac-
tions are required to address the concerns of 
the Secretary; and 
‘‘(C) provide the Indian tribe with an op-
portunity to revise and resubmit the tribal en-
ergy resource agreement. 
‘‘(5) If an Indian tribe executes a lease or busi-
ness agreement or grants a right-of-way in accord-
ance with a tribal energy resource agreement ap-
189
proved under this subsection, the Indian tribe shall, 
in accordance with the process and requirements set 
forth in the Secretary’s regulations adopted pursu-
ant to paragraph (8), provide to the Secretary—
‘‘(A) a copy of the lease, business agree-
ment, or right-of-way document (including all 
amendments to and renewals of the document); 
and 
‘‘(B) in the case of a tribal energy resource 
agreement or a lease, business agreement, or 
right-of-way that permits payments to be made 
directly to the Indian tribe, information and 
documentation of those payments sufficient to 
enable the Secretary to discharge the trust re-
sponsibility of the United States to enforce the 
terms of, and protect the Indian tribe’s rights 
under, the lease, business agreement, or right-
of-way. 
‘‘(6)(A) For purposes of the activities to be un-
dertaken by the Secretary pursuant to this section, 
the Secretary shall—
‘‘(i) carry out such activities in a manner 
consistent with the trust responsibility of the 
United States relating to mineral and other 
trust resources; and
190
‘‘(ii) act in good faith and in the best in-
terests of the Indian tribes. 
‘‘(B) Subject to the provisions of subsections 
(a)(2), (b), and (c) waiving the requirement of Sec-
retarial approval of leases, business agreements, and 
rights-of-way executed pursuant to tribal energy re-
source agreements approved under this section, and 
the provisions of subparagraph (D), nothing in this 
section shall absolve the United States from any re-
sponsibility to Indians or Indian tribes, including, 
but not limited to, those which derive from the trust 
relationship or from any treaties, statutes, and other 
laws of the United States, Executive Orders, or 
agreements between the United States and any In-
dian tribe. 
‘‘(C) The Secretary shall continue to have a 
trust obligation to ensure that the rights and inter-
ests of an Indian tribe are protected in the event 
that—
‘‘(i) any other party to any such lease, 
business agreement, or right-of-way violates any 
applicable provision of Federal law or the terms 
of any lease, business agreement, or right-of-
way under this section; or
191
‘‘(ii) any provision in such lease, business 
agreement, or right-of-way violates any express 
provision or requirement set forth in the tribal 
energy resource agreement pursuant to which 
the lease, business agreement, or right-of-way 
was executed. 
‘‘(D) Notwithstanding subparagraph (B), the 
United States shall not be liable to any party (in-
cluding any Indian tribe) for any of the negotiated 
terms of, or any losses resulting from the negotiated 
terms of, a lease, business agreement, or right-of-
way executed pursuant to and in accordance with a 
tribal energy resource agreement approved by the 
Secretary under paragraph (2). For the purpose of 
this subparagraph, the term ‘negotiated terms’ 
means any terms or provisions that are negotiated 
by an Indian tribe and any other party or parties to 
a lease, business agreement, or right-of-way entered 
into pursuant to an approved tribal energy resource 
agreement. 
‘‘(7)(A) In this paragraph, the term ‘interested 
party’ means any person or entity the interests of 
which have sustained or will sustain a significant ad-
verse environmental impact as a result of the failure 
of an Indian tribe to comply with a tribal energy re-
192
source agreement of the Indian tribe approved by 
the Secretary under paragraph (2). 
‘‘(B) After exhaustion of tribal remedies, and in 
accordance with the process and requirements set 
forth in regulations adopted by the Secretary pursu-
ant to paragraph (8), an interested party may sub-
mit to the Secretary a petition to review compliance 
of an Indian tribe with a tribal energy resource 
agreement of the Indian tribe approved by the Sec-
retary under paragraph (2). 
‘‘(C)(i) Not later than 120 days after the date 
on which the Secretary receives a petition under sub-
paragraph (B), the Secretary shall determine wheth-
er the Indian tribe is not in compliance with the 
tribal energy resource agreement, as alleged in the 
petition. 
‘‘(ii) The Secretary may adopt procedures 
under paragraph (8) authorizing an extension of 
time, not to exceed 120 days, for making the deter-
mination under clause (i) in any case in which the 
Secretary determines that additional time is nec-
essary to evaluate the allegations of the petition. 
‘‘(iii) Subject to subparagraph (D), if the Sec-
retary determines that the Indian tribe is not in 
compliance with the tribal energy resource agree-
193
ment as alleged in the petition, the Secretary shall 
take such action as is necessary to ensure compli-
ance with the provisions of the tribal energy resource 
agreement, which action may include—
‘‘(I) temporarily suspending some or all ac-
tivities under a lease, business agreement, or 
right-of-way under this section until the Indian 
tribe or such activities are in compliance with 
the provisions of the approved tribal energy re-
source agreement; or 
‘‘(II) rescinding approval of all or part of 
the tribal energy resource agreement, and if all 
of such agreement is rescinded, reassuming the 
responsibility for approval of any future leases, 
business agreements, or rights-of-way described 
in subsections (a) and (b). 
‘‘(D) Prior to seeking to ensure compliance with 
the provisions of the tribal energy resource agree-
ment of an Indian tribe under subparagraph (C)(iii), 
the Secretary shall—
‘‘(i) make a written determination that de-
scribes the manner in which the tribal energy 
resource agreement has been violated;
194
‘‘(ii) provide the Indian tribe with a writ-
ten notice of the violations together with the 
written determination; and 
‘‘(iii) before taking any action described in 
subparagraph (C)(iii) or seeking any other rem-
edy, provide the Indian tribe with a hearing and 
a reasonable opportunity to attain compliance 
with the tribal energy resource agreement. 
‘‘(E) An Indian tribe described in subparagraph 
(D) shall retain all rights to appeal as provided in 
regulations issued by the Secretary. 
‘‘(8) Not later than 1 year after the date of en-
actment of the Indian Tribal Energy Development 
and Self-Determination Act of 2005, the Secretary 
shall issue regulations that implement the provisions 
of this subsection, including—
‘‘(A) criteria to be used in determining the 
capacity of an Indian tribe described in para-
graph (2)(B)(i), including the experience of the 
Indian tribe in managing natural resources and 
financial and administrative resources available 
for use by the Indian tribe in implementing the 
approved tribal energy resource agreement of 
the Indian tribe;
195
‘‘(B) a process and requirements in accord-
ance with which an Indian tribe may—
‘‘(i) voluntarily rescind a tribal energy 
resource agreement approved by the Sec-
retary under this subsection; and 
‘‘(ii) return to the Secretary the re-
sponsibility to approve any future leases, 
business agreements, and rights-of-way de-
scribed in this subsection; 
‘‘(C) provisions setting forth the scope of, 
and procedures for, the periodic review and 
evaluation described in subparagraphs (D) and 
(E) of paragraph (2), including provisions for 
review of transactions, reports, site inspections, 
and any other review activities the Secretary 
determines to be appropriate; and 
‘‘(D) provisions defining final agency ac-
tions after exhaustion of administrative appeals 
from determinations of the Secretary under 
paragraph (7). 
‘‘(f) NO EFFECT ON OTHER LAW.—Nothing in this 
section affects the application of—
‘‘(1) any Federal environment law; 
‘‘(2) the Surface Mining Control and Reclama-
tion Act of 1977 (30 U.S.C. 1201 et seq.); or
196
‘‘(3) except as otherwise provided in this title, 
the Indian Mineral Development Act of 1982 (25 
U.S.C. 2101 et seq.) and the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as are necessary for each of fiscal years 2006 
through 2016 to implement the provisions of this section 
and to make grants or provide other appropriate assist-
ance to Indian tribes to assist the Indian tribes in devel-
oping and implementing tribal energy resource agreements 
in accordance with the provisions of this section. 
‘‘SEC. 2605. INDIAN MINERAL DEVELOPMENT REVIEW. 
‘‘(a) IN GENERAL.—The Secretary shall conduct a 
review of all activities being conducted under the Indian 
Mineral Development Act of 1982 (25 U.S.C. 2101 et 
seq.) as of that date. 
‘‘(b) REPORT.—Not later than 1 year after the date 
of enactment of the Indian Tribal Energy Development 
and Self-Determination Act of 2005, the Secretary shall 
submit to Congress a report that includes—
‘‘(1) the results of the review; 
‘‘(2) recommendations to ensure that Indian 
tribes have the opportunity to develop Indian energy 
resources; and
197
‘‘(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.’’. 
(b) CONFORMING AMENDMENTS.—The table of con-
tents for the Energy Policy Act of 1992 is amended by 
striking the items relating to title XXVI 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. 504. 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 
with the development of a transmission line from the Four 
Corners Area to southern Nevada, including related power 
generation opportunities. 
SEC. 505. ENERGY EFFICIENCY IN FEDERALLY ASSISTED 
HOUSING. 
(a) IN GENERAL.—The Secretary of Housing and 
Urban Development shall promote energy conservation in
198
housing that is located on Indian land and assisted with 
Federal resources through—
(1) the use of energy-efficient technologies and 
innovations (including the procurement of energy-ef-
ficient refrigerators and other appliances); 
(2) the promotion of shared savings contracts; 
and 
(3) the use and implementation of such other 
similar technologies and innovations as the Secretary 
of Housing and Urban Development considers to be 
appropriate. 
(b) AMENDMENT.—Section 202(2) of the Native 
American Housing and Self-Determination Act of 1996 
(25 U.S.C. 4132(2)) is amended by inserting ‘‘improve-
ment to achieve greater energy efficiency,’’ after ‘‘plan-
ning,’’. 
SEC. 506. 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 in a manner 
that is consistent with the Federal trust and the govern-
ment-to-government relationships between Indian tribes 
and the United States.
199
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 
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’’.
200
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’’. 
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:
201
‘‘(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 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
202
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’’. 
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’’.
203
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: 
‘‘(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.
204
‘‘(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 
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
205
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, 
or remove nuclear materials for nuclear safety or non-
proliferation purposes.’’.
206
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.
207
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.
208
‘‘(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
209
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’’.
210
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
211
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
212
‘‘(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: