Sec. 3116. AMENDMENTS TO THE ATOMIC ENERGY ACT

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## SEC. 3116 AMENDMENTS TO THE ATOMIC ENERGY ACT ###

(a)Repeal ####

(1)Chapters 22 through 26 of the Atomic Energy Act of 1954 (42 U.S.C. 2297–2297e–7) are repealed as of the privatization date. ####

(2)The table of contents of such Act is amended as of the privatization date by striking the items referring to sections repealed by paragraph (1). ###

(b)NRC Licensing ####

(1)Section 11v. of the Atomic Energy Act of 1954 (42 U.S.C. 2014v.) is amended by striking “or the construction and operation of a uranium enrichment facility using Atomic Vapor Laser Isotope Separation technology”. ####

(2)Section 193 of the Atomic Energy Act of 1954 (42 U.S.C. 2243) is amended by adding at the end the following: > > ### “(f) Limitation > > No license or certificate of compliance may be issued to the United States Enrichment Corporation or its successor under this section or sections 53, 63, or 1701, if the Commission determines that— > > > #### “(1) > > the Corporation is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government; or > > > #### “(2) > > the issuance of such a license or certificate of compliance would be inimical to— > > > ##### “(A) > > the common defense and security of the United States; or > > > ##### “(B) > > the maintenance of a reliable and economical domestic source of enrichment services.” > . ####

(3)Section 1701(c)(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2297f(c)(2)) is amended to read as follows: > > #### “(2) Periodic application for certificate of compliance > > The Corporation shall apply to the Nuclear Regulatory Commission for a certificate of compliance under paragraph

(1)periodically, as determined by the Commission, but not less than every 5 years. The Commission shall review any such application and any determination made under subsection (b)(2) shall be based on the results of any such review.” > . ####

(4)Section 1702(a) of the Atomic Energy Act of 1954 (42 U.S.C. 2297f–1(a)) is amended— ####

(1)by striking “other than” and inserting “including”, and ####

(2)by striking “sections 53 and 63” and inserting “sections 53, 63, and 193”. ###

(c)Judicial Review of NRC Actions Section 189b. of the Atomic Energy Act of 1954 (42 U.S.C. 2239(b)) is amended to read as follows: > > ### “b > > The following Commission actions shall be subject to judicial review in the manner prescribed in chapter 158 of title 28, United States Code, and chapter 7 of title 5, United States Code: > > > #### “(1) > > Any final order entered in any proceeding of the kind specified in subsection (a). > > > #### “(2) > > Any final order allowing or prohibiting a facility to begin operating under a combined construction and operating license. > > > #### “(3) > > Any final order establishing by regulation standards to govern the Department of Energy's gaseous diffusion uranium enrichment plants, including any such facilities leased to a corporation established under the USEC Privatization Act. > > > #### “(4) > > Any final determination under section 1701(c) relating to whether the gaseous diffusion plants, including any such facilities leased to a corporation established under the USEC Privatization Act, are in compliance with the Commission's standards governing the gaseous diffusion plants and all applicable laws.” > . ###

(d)Civil Penalties Section 234a. of the Atomic Energy Act of 1954 (42 U.S.C. 2282(a) is amended by— ####

(1)striking “any licensing provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109” and inserting: “any licensing or certification provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, 109, or 1701”; and ####

(2)by striking “any license issued thereunder” and inserting: “any license or certification issued thereunder”. ###

(e)References to the Corporation Following the privatization date, all references in the Atomic Energy Act of 1954 to the United States Enrichment Corporation shall be deemed to be references to the private corporation.

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