42 U.S.C. § 13524 — Costs related to decommissioning and

Page 8598 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13524 tional research, development, and demonstra- tion. The inventory and status report shall pro- vide, for each technology— (1) an assessment of its— (A) degree of technological maturity; and (B) principal research, development, and demonstration issues, including— (i) the barriers posed by capital, oper- ating, and maintenance costs; (ii) technical performance; and (iii) potential environmental impacts; (2) the projected time frame for commercial availability, specifying at a minimum whether the technology will be commercially available in the near-term, mid-term, or long-term, whether there are too many uncertainties to project availability, or whether it is unlikely that the technology will ever be commercial; and (3) a projection of the future cost-competi- tiveness of the technology in comparison with alternative technologies to provide the same energy service. (d) Public comment The Secretary shall publish the proposed man- agement plan for a written public comment pe- riod of at least 90 days. The Secretary shall con- sider such comments and include a summary thereof in the management plan. (e) Plan submission Within one year after October 24, 1992, the Sec- retary shall submit the first management plan under this section to Congress. Thereafter, the Secretary shall submit a revised management plan biennially, at the time of submittal of the President’s annual budget submission to the Congress. (Pub. L. 102–486, title XXIII, § 2304, Oct. 24, 1992, 106 Stat. 3093.) § 13524. Costs related to decommissioning and storage and disposal of nuclear waste (a) Award of contracts (1) Prime contractors In awarding contracts to perform nuclear hot cell services, the Secretary, in evaluating bids for such contracts, shall exclude from consideration costs related to the decommis- sioning of nuclear facilities or the storage and disposal of nuclear waste, if— (A) one or more of the parties bidding to perform such services is a United States company that is subject to such costs; and (B) one or more of the parties bidding to perform such services is a foreign company that is not subject to comparable costs. (2) Subcontractors Any person awarded a contract subject to the restrictions described in paragraph (1) who subcontracts with a person to perform the services described in such paragraph shall be subject to the same restrictions in evaluating bids among potential subcontractors, as the Secretary was subject to in evaluating bids among prime contractors. (b) Issuance of regulations The Secretary shall issue regulations not later than 90 days after October 24, 1992, to carry out the requirements of subsection (a). (c) Definitions As used in this section— (1) the term ‘‘costs related to decommis- sioning of nuclear facilities’’ means any cost associated with the compliance with regu- latory requirements governing the decommis- sioning of nuclear facilities licensed by the Nuclear Regulatory Commission; (2) the term ‘‘costs related to storage and disposal of nuclear waste’’ means any costs, whether required by regulation or incurred as a matter of prudent business practice, associ- ated with the storage or disposal of nuclear waste; (3) the term ‘‘nuclear hot cell services’’ means services related to the examination of, or performance of various operations on, nu- clear fuel rods, control assemblies, or other components that are emitting large quantities of ionizing radiation; and (4) the term ‘‘nuclear waste’’ means any ra- dioactive waste material subject to regulation by the Nuclear Regulatory Commission or the Department of Energy. (Pub. L. 102–486, title XXIII, § 2305, Oct. 24, 1992, 106 Stat. 3094.) § 13525. Limits on participation by companies A company shall be eligible to receive finan- cial assistance under subchapters VIII through XI of this chapter only if— (1) the Secretary finds that the company’s participation in any program under such sub- chapters would be in the economic interest of the United States, as evidenced by invest- ments in the United States in research, devel- opment, and manufacturing (including, for ex- ample, the manufacture of major components or subassemblies in the United States); signifi- cant contributions to employment in the United States; an agreement with respect to any technology arising from assistance pro- vided under this section to promote the manu- facture within the United States of products resulting from that technology (taking into account the goals of promoting the competi- tiveness of United States industry), and to procure parts and materials from competitive suppliers; and (2) either— (A) the company is a United States-owned company; or (B) the Secretary finds that the company is incorporated in the United States and has a parent company which is incorporated in a country which affords to United States- owned companies opportunities, comparable to those afforded to any other company, to participate in any joint venture similar to those authorized under this Act; affords to United States-owned companies local invest- ment opportunities comparable to those af- forded to any other company; and affords adequate and effective protection for the in- tellectual property rights of United States- owned companies. (Pub. L. 102–486, title XXIII, § 2306, Oct. 24, 1992, 106 Stat. 3095.)