S.Amdt. 1423

1. Adds Subtitle D--Growth of Nuclear Energy SEC. 4____. COMBINED LICENSE PERIODS on page 145, between lines 18 and 19

   Adds a sectionPrinted page

   Inserted: Subtitle D--Growth of Nuclear Energy SEC. 4____. COMBINED LICENSE PERIODS.

   Inserted: Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) is amended--

   Inserted: (1) by striking "c. Each such" and inserting the following:

   Inserted: "c. License Period.--

   Inserted: "(1) In general.--Each such"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(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 licenses.".

   Inserted: Subtitle E--NRC Regulatory Reform SEC. 4____. ANTITRUST REVIEW.

   Inserted: (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:

   Inserted: "d. Antitrust Laws.--

   Inserted: "(1) Notification.--Except as provided in paragraph (4), when the Commission proposes to issue a license under section 103 or 104b., the Commission shall notify the Attorney General of the proposed license and the proposed terms and conditions of the license.

   Inserted: "(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 Commission and publish in the Federal Register a determination whether, insofar as the Attorney General is able to determine, the proposed license would tend to create or maintain a situation inconsistent with the antitrust laws.

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   Inserted: "(3) Information.--On the request of the Attorney General, the Commission shall furnish or cause to be furnished such information as the Attorney General determines to be appropriate or necessary to enable the Attorney General to make the determination under paragraph (2).

   Inserted: "(4) Applicability.--This subsection shall not apply to such classes or type of licenses as the Commission, with the approval of the Attorney General, determines would not significantly affect the activities of a licensee under the antitrust laws.".

   Inserted: (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:

   Inserted: "(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.".

   Inserted: SEC. 4____. DECOMMISSIONING.

   Inserted: (a) Authority Over Former Licensees for Decommissioning Funding.--Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i)) is amended--

   Inserted: (1) by striking "and (3)" and inserting "(3)"; and

   Inserted: (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 104b., including standards and restrictions governing the control, maintenance, use, and disbursement by any former licensee under this Act that has control over any fund for the decommissioning of the facility".

   Inserted: (b) Treatment of Nuclear Reactor Financial Obligations.--Section 523 of title 11, United States Code, is amended by adding at the end the following:

   Inserted: "(f) Treatment of Nuclear Reactor Financial Obligations.--Notwithstanding any other provision of this title--

   Inserted: "(1) any funds or other assets held by a licensee or former licensee of the Nuclear Regulatory Commission, or by any other person, to satisfy the responsibility of the licensee, former licensee, or any other person to comply with a regulation or order of the Nuclear Regulatory Commission governing the decontamination 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 decommissioning of the nuclear power reactor is completed to the satisfaction of the Nuclear Regulatory Commission;

   Inserted: "(2) obligations of licensees, former licensees, or any other person to use funds or other assets to satisfy a responsibility described in paragraph (1) may not be rejected, avoided, or discharged in any proceeding under this title or in any liquidation, reorganization, receivership, or other insolvency proceeding under Federal or State law; and

   Inserted: "(3) private insurance premiums and standard deferred premiums held and maintained in accordance with section 170b. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(b)) shall not be used to satisfy the claim of any creditor in any proceeding under this title, until the indemnification agreement executed in accordance with section 170c. of that Act (42 U.S.C. 2210(c)) is terminated.".

   Inserted: Subtitle F--NRC Personnel Crisis SEC. 4____. ELIMINATION OF PENSION OFFSET.

   Inserted: Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is amended by adding at the end the following:

   Inserted: "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 performance of the duties of the Commission.".

   Inserted: SEC. 4____. NRC TRAINING PROGRAM.

   Inserted: (a) In General.--In order to maintain the human resource investment and infrastructure of the United States in the nuclear sciences, health physics, and engineering fields, in accordance with the statutory authorities of the Commission relating to the civilian nuclear energy program, the Nuclear Regulatory Commission shall carry out a training and fellowship program to address shortages of individuals with critical safety skills.

   Inserted: (b) Authorization of Appropriations.--

   Inserted: (1) In general.--There are authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2004 through 2007.

   Inserted: (2) Availability.--Funds made available under paragraph (1) shall remain available until expended.

   Original wording

   On page 145, between lines 18 and 19, insert the following:

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As printed