Page:United States Statutes at Large Volume 119.djvu/802

 119 STAT. 784 42 USC 2210c.

PUBLIC LAW 109–58—AUG. 8, 2005

‘‘SEC. 170C. ELIMINATION OF PENSION OFFSET FOR CERTAIN REHIRED FEDERAL RETIREES.

‘‘a. IN GENERAL.—The Commission may waive the application of section 8344 or 8468 of title 5, United States Code, on a caseby-case basis for employment of an annuitant— ‘‘(1) in a position of the Commission for which there is exceptional difficulty in recruiting or retaining a qualified employee; or ‘‘(2) when a temporary emergency hiring need exists. ‘‘b. PROCEDURES.—The Commission shall prescribe procedures for the exercise of authority under this section, including— ‘‘(1) criteria for any exercise of authority; and ‘‘(2) procedures for a delegation of authority. ‘‘c. EFFECT OF WAIVER.—An employee as to whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter II of chapter 83, or chapter 84, of title 5, United States Code.’’. (b) CONFORMING AMENDMENT.—The table of sections of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by adding at the end of the items relating to chapter 14 the following: ‘‘Sec. 170C. Elimination of pension offset for certain rehired Federal retirees.’’. SEC. 625. ANTITRUST REVIEW.

Section 105 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2135(c)) is amended by adding at the end the following: ‘‘(9) APPLICABILITY.—This subsection does not apply to an application for a license to construct or operate a utilization facility or production facility under section 103 or 104 b. that is filed on or after the date of enactment of this paragraph.’’. SEC. 626. DECOMMISSIONING.

Section 161 i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i)) is amended— (1) by striking ‘‘and (3)’’ and inserting ‘‘(3)’’; and (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 104 b., 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’’. SEC. 627. LIMITATION ON LEGAL FEE REIMBURSEMENT.

Title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.) is amended by adding at the end the following new section: ‘‘LIMITATION 42 USC 5853.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

ON LEGAL FEE REIMBURSEMENT

‘‘SEC. 212. The Department of Energy shall not, except as required under a contract entered into before the date of enactment of this section, reimburse any contractor or subcontractor of the Department for any legal fees or expenses incurred with respect to a complaint subsequent to— ‘‘(1) an adverse determination on the merits with respect to such complaint against the contractor or subcontractor by the Director of the Department of Energy’s Office of Hearings

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