LICENSING OF CERTAIN MIXED OXIDE FUEL FABRICATIONAND IRRADIATION FACILITIES.

SEC. 3134. LICENSING OF CERTAIN MIXED OXIDE FUEL FABRICATIONAND IRRADIATION FACILITIES. (a) License Requirement.— Section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842) is amended by adding at the end the following new paragraph: “ (5) Any facility under a contract with and for the account of the Department of Energy that is utilized for the express purpose of fabricating mixed plutonium-uranium oxide nuclear reactor fuel for use in a commercial nuclear reactor licensed under such Act, other than any such facility that is utilized for research, development, demonstration, testing, or analysis purposes”. (b) Availability of Funds for Licensing by NRC.— Section 210 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (42 U.S.C.7272) shall not apply to any licensing activities required pursuant to section 202(5) of the Energy Reorganization Act of 1974 (42U.S.C. 5842), as added by subsection (a). (c) Applicability of Occupational Safety and Health Requirements to Activities Under License.— Any activities carried out under a license required pursuant to section 202(5) of the Energy Reorganization Act of 1974 (42 U.S.C. 5842), as added by subsection (a), shall be subject to regulation under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).