[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6901 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6901
To prohibit the use of Federal funds for the private interim storage of
spent nuclear fuel, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 2, 2022
Ms. Leger Fernandez (for herself, Mr. Pfluger, Ms. Stansbury, Mr.
Cuellar, Mr. Doggett, and Ms. Granger) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit the use of Federal funds for the private interim storage of
spent nuclear fuel, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PROHIBITION ON USE OF FEDERAL FUNDS FOR PRIVATE INTERIM
STORAGE OF SPENT NUCLEAR FUEL UNTIL SUCH TIME THAT A
PERMANENT REPOSITORY IS AVAILABLE TO ACCEPT THE SPENT
NUCLEAR FUEL.
(a) Definitions.--In this section:
(1) Disposal; monitored retrievable storage facility;
repository; spent nuclear fuel; storage.--The terms
``disposal'', ``monitored retrievable storage facility'',
``repository'', ``spent nuclear fuel'', and ``storage'' have
the meanings given the terms in section 2 of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101).
(2) Monitored retrievable storage.--The term ``monitored
retrievable storage'' has the same meaning as in subtitle C of
title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10161 et seq.).
(b) Prohibition.--
(1) In general.--Notwithstanding any other provision of law
and subject to subsection (c), during the period described in
subsection (d), no Federal funds made available under any Act,
including amounts made available under the permanent judgment
appropriation established pursuant to section 1304 of title 31,
United States Code (commonly known as the ``Judgment Fund''),
for any fiscal year may be used for any costs associated with
the identification, development, licensing, granting of rights-
of-way, construction, operation, decommissioning, or post-
decommissioning maintenance and monitoring of any privately
owned--
(A) monitored retrievable storage facility;
(B) consolidated interim storage facility that
serves the purpose and function of monitored
retrievable storage under the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101 et seq.); or
(C) spent nuclear fuel storage facility that--
(i) is not--
(I) colocated at the site of a
nuclear fuel production, fabrication,
or utilization facility; or
(II) in operation as of the date of
enactment of this Act; and
(ii) serves the purpose and function of
monitored retrievable storage under the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101 et
seq.).
(2) Scope.--The prohibition described in paragraph (1)
extends to contracting for the services of a private company
for any storage of spent nuclear fuel at, or transportation of
spent nuclear fuel to, a privately owned facility that serves
the purpose and function of monitored retrievable storage under
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.)
for the purpose of consolidating the storage of domestic spent
nuclear fuel at 1 or more facilities until such time that a
repository is available to accept the spent nuclear fuel for
permanent disposal.
(c) Limitations.--Subsection (b) does not prohibit--
(1) a manufacturer of nuclear reactors or fabricator of
nuclear fuel from accepting spent nuclear fuel at the site
where the spent nuclear fuel is fabricated or generated;
(2) an operating or decommissioned nuclear power plant from
accepting spent nuclear fuel for interim storage at the site of
the plant;
(3) the use of Federal funds for the costs described in
that subsection that are associated with the activities
described in paragraphs (1) and (2);
(4) the use of Federal funds for storage of spent nuclear
fuel at, or the transportation of spent nuclear fuel to,
federally owned facilities at Department of Energy sites in
existence as of the date of enactment of this Act; or
(5) the transfer of spent nuclear fuel owned by the
Department of Energy between Department of Energy sites.
(d) Period of Prohibition Described.--The period referred to in
subsection (b) is the period beginning on the date of enactment of this
Act and ending on the date on which the Secretary of Energy certifies
to Congress that a permanent repository is available to accept the
spent nuclear fuel.
(e) Department of Energy Funds.--No funds of the Department of
Energy shall be used to pay to any privately owned facility described
in subsection (b) any damages awarded in any civil action in an
appropriate district court of the United States relating to the
prohibition under subsection (b).
(f) Rule of Construction.--Nothing in this section shall be
construed to imply that, prior to the date of enactment of this Act,
any privately owned facility described in subsection (b) may receive
any funds from the Federal Government for the activities prohibited
under that subsection.
(g) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Energy shall submit to Congress a report
detailing--
(1) possible locations, or a description of a possible
siting process, for future consolidated interim storage
facilities and repositories of spent nuclear fuel if Congress
were to authorize the siting, construction, and operation of
new storage facilities or repositories through the use of a
consent-based system; and
(2) the estimated costs and risks of that future
consolidated interim storage.
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