Department of Energy authorities for nuclear facilities

(a) Amendments (1) Energy reorganization act of 1974 (A) In general Section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842) is amended— (i) by striking the section designation and heading and all that follows through Notwithstanding in the matter preceding paragraph (1) and inserting the following: 202. Licensing and related regulatory functions respecting selected department of energy facilities Notwithstanding; (ii) in the matter preceding paragraph (1), by striking Administration and inserting Department of Energy; (iii) by striking paragraphs (1) and (2); (iv) in paragraph (4), by striking Administration and inserting Department of Energy; and (v) by redesignating paragraphs (3) through (5) as paragraphs (1) through (3), respectively. (B) Conforming amendments (i) Section 3134 of division C of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 is amended— (I) in subsection (b) (42 U.S.C. 5842 note; Public Law 105–261)— (aa) by striking (42 U.S.C. 7272) and inserting (50 U.S.C. 2513); and (bb) by striking section 202(5) and all that follows through the period at the end and inserting paragraph (3) of section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842).; and (II) in subsection (c) (42 U.S.C. 5842 note; Public Law 105–261), by striking section 202(5) and all that follows through subsection (a), and inserting paragraph (3) of section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842). (ii) Section 141(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10161(d)) is amended, in the first sentence, by striking section 202(3) of the Energy Reorganization Act of 1974 (42 U.S.C. 5842(3)) and inserting paragraph (1) of section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842). (iii) Section 148(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10168(c)) is amended, in the first sentence, by striking section 202(3) of the Energy Reorganization Act of 1974 (42 U.S.C. 5842(3)) and inserting paragraph (1) of section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842). (2) Atomic Energy Act of 1954 Section 110 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2140(a)) is amended— (A) by striking Commission; or (2) the construction and all that follows through; or at the end of subsection a. and inserting the following: “Nuclear Regulatory Commission or the Department of Energy; (2) the construction or operation of facilities, or the conduct of activities involving source material, byproduct material, or special nuclear material, under contract with and for the account of the Department of Energy at any location, including such facilities or activities sponsored by a person; or; (B) by striking a license for (1) the processing, and inserting the following: “a license for— (1) the processing,; and (C) by adding at the end the following: (3) the construction or operation of commercial facilities and related activities, including the construction and operation of nuclear fuel cycle facilities, involving source material, byproduct material, or special nuclear material authorized and regulated by the Department of Energy— (A) on Federal land; or (B) for Federal purposes, including for the purpose of the generation, sale, or delivery of electricity to a Federal power marketing agency (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)); or. (3) Energy Policy Act of 2005 Section 958(g) of the Energy Policy Act of 2005 (42 U.S.C. 16278(g)) is amended by striking the subsection designation and heading and all that follows through Any activity in paragraph (2) and inserting the following: (g) Financial protection Any activity. (b) Regulatory revision required Not later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission shall revise sections 30.12, 40.11, 50.11, and 70.11 of title 10, Code of Federal Regulations, and such other applicable regulations as may be identified by the Commission, to remove limitations on the statutory authority of the Secretary of Energy with respect to activities performed off of Federal Government-owned or Federal Government-controlled sites. (c) Financial protection Any activity carried out pursuant to this section or an amendment made by this section that is authorized and regulated by the Department of Energy and involves the risk of public liability shall be subject to the financial protection or indemnification requirements of section 170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) (commonly known as the Price-Anderson Act).