[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9786 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9786
To establish a new organization to manage nuclear waste, provide a
consent-based process for siting nuclear waste facilities, ensure
adequate funding for managing nuclear waste, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2024
Mr. Levin (for himself, Mr. Pfluger, and Mr. Peters) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To establish a new organization to manage nuclear waste, provide a
consent-based process for siting nuclear waste facilities, ensure
adequate funding for managing nuclear waste, 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. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nuclear Waste
Administration Act of 2024''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FINDINGS, PURPOSES, AND DEFINITIONS
Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. Rule of construction.
TITLE II--NUCLEAR WASTE ADMINISTRATION
Sec. 201. Establishment.
Sec. 202. Principal officers.
Sec. 203. Other officers.
Sec. 204. Inspector General.
Sec. 205. Nuclear Waste Oversight Board.
Sec. 206. Conforming amendments.
TITLE III--FUNCTIONS
Sec. 301. Transfer of functions.
Sec. 302. Transfer of contracts.
Sec. 303. Nuclear waste facilities.
Sec. 304. Siting nuclear waste facilities.
Sec. 305. Storage facilities.
Sec. 306. Repositories.
Sec. 307. Updated standards and criteria.
Sec. 308. Licensing nuclear waste facilities.
Sec. 309. Defense waste.
Sec. 310. Transportation.
TITLE IV--FUNDING AND LEGAL PROCEEDINGS
Sec. 401. Working Capital Fund.
Sec. 402. Nuclear Waste Fund.
Sec. 403. Full cost recovery.
Sec. 404. Judicial review.
Sec. 405. Litigation authority.
Sec. 406. Liabilities.
TITLE V--ADMINISTRATIVE AND SAVINGS PROVISIONS
Sec. 501. Administrative powers of Administrator.
Sec. 502. Personnel.
Sec. 503. Offices.
Sec. 504. Mission plan.
Sec. 505. Annual reports.
Sec. 506. Savings provisions; terminations.
Sec. 507. Technical assistance in the field of spent fuel storage and
disposal.
Sec. 508. Nuclear Waste Technical Review Board.
Sec. 509. Application of volume limitation.
TITLE I--FINDINGS, PURPOSES, AND DEFINITIONS
SEC. 101. FINDINGS.
Congress finds that--
(1) the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101
et seq.)--
(A) made the Federal Government responsible for
providing for the permanent disposal of nuclear waste;
(B) vested the responsibility for siting,
constructing, and operating a permanent geologic
repository for the disposal of nuclear waste in the
Secretary of Energy; and
(C) authorized the Secretary to enter into binding
contracts with the generators and owners of nuclear
waste pursuant to which the Secretary is obligated to
have begun disposing of the nuclear waste not later
than January 31, 1998;
(2) in 1987, Congress designated the Yucca Mountain site as
the site for the first repository and precluded consideration
of other sites;
(3) in 2002, the Secretary found the Yucca Mountain site to
be suitable for the development of the repository, the
President recommended the site to Congress, and Congress
enacted a joint resolution approving the Yucca Mountain site
for the repository;
(4) in 2008, the Secretary applied to the Nuclear
Regulatory Commission for a license to construct a repository
at the Yucca Mountain site;
(5) in 2009, the Secretary found the Yucca Mountain site to
be unworkable and abandoned efforts to construct a repository
at the site;
(6) in 2010, the Secretary, at the request of the
President, established the Blue Ribbon Commission on America's
Nuclear Future to conduct a comprehensive review of the nuclear
waste management policies of the United States and recommend a
new strategy for managing the nuclear waste of the United
States; and
(7) the Blue Ribbon Commission on America's Nuclear Future
recommended that Congress establish a new nuclear waste
management organization and adopt a new consent-based siting
approach to siting nuclear waste facilities.
SEC. 102. PURPOSES.
The purposes of this Act are--
(1) to establish a new nuclear waste management
organization;
(2) to transfer to the new organization the functions of
the Secretary under the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101 et seq.) relating to the siting, licensing,
construction, and operation of nuclear waste facilities;
(3) to establish a new consensual process for the siting of
nuclear waste facilities;
(4) to provide for one or more Federal storage facilities
for nuclear waste pending completion of a repository; and
(5) to ensure that--
(A) the generators and owners of nuclear waste pay
the full cost of the program; and
(B) funds collected for the program are used for
that purpose.
SEC. 103. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Nuclear Waste Administration established by section 201.
(2) Administrator.--The term ``Administrator'' means the
Nuclear Waste Administrator appointed under section 202(a).
(3) Affected indian tribe.--The term ``affected Indian
Tribe'' means any Indian Tribe--
(A) within the reservation boundaries of which a
repository or storage facility is proposed to be
located; or
(B) that has federally defined possessory or usage
rights to other land outside of the reservation
boundaries that--
(i) arise out of a congressionally ratified
treaty; and
(ii) the Secretary of the Interior finds,
on petition of an appropriate governmental
official of the Indian Tribe, may be
substantially and adversely affected by the
repository or storage facility.
(4) Affected unit of general local government.--
(A) In general.--The term ``affected unit of
general local government'' means the unit of general
local government that has jurisdiction over the site of
a repository or storage facility.
(B) Inclusion.--The term ``affected unit of general
local government'' may include, at the discretion of
the Administrator, units of general local government
that are contiguous with the unit that has jurisdiction
over the site of a repository or storage facility.
(5) Civilian nuclear power reactor.--The term ``civilian
nuclear power reactor'' has the meaning given the term in
section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101).
(6) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(7) Compliance agreement.--The term ``compliance
agreement'' means a legally enforceable agreement between the
Secretary and a Federal or State agency requiring the removal
of nuclear waste from a Department of Energy facility.
(8) Contract holder.--The term ``contract holder'' means
any person who has entered into a contract for the disposal of
nuclear waste under section 302(a) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10222(a)) or this Act.
(9) Defense waste.--The term ``defense waste'' means
nuclear waste generated by an atomic energy defense activity
(as defined in section 2 of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10101)).
(10) Disposal.--The term ``disposal'' has the meaning given
the term in section 2 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101).
(11) Emergency delivery.--
(A) In general.--The term ``emergency delivery''
means nuclear waste accepted by the Administrator for
storage prior to the date provided in the contractual
delivery commitment schedule pursuant to article V.D.
of the standard contract for disposal of nuclear waste
codified in section 961.11 of title 10, Code of Federal
Regulations.
(B) Inclusion.--The term ``emergency delivery'' may
include, at the discretion of the Administrator,
nuclear waste that is required to be removed from a
Department of Energy facility--
(i) pursuant to a compliance agreement; or
(ii) to eliminate an imminent and serious
threat to the health and safety of the public
or the common defense and security.
(12) High-level radioactive waste.--The term ``high-level
radioactive waste'' means, as applicable--
(A) high-level radioactive waste (as defined in
section 2 of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101)); or
(B) in the case of the West Valley Demonstration
Project, high level radioactive waste (as defined in
section 6 of the West Valley Demonstration Project Act
(42 U.S.C. 2021a note; Public Law 96-368)).
(13) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 2 of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(14) Mission plan.--The term ``mission plan'' means the
comprehensive report required under section 504.
(15) Nuclear waste.--The term ``nuclear waste'' means--
(A) spent nuclear fuel; and
(B) high-level radioactive waste.
(16) Nuclear waste activities.--The term ``nuclear waste
activities'' has the meaning given the term in section 11 of
the Atomic Energy Act of 1954 (42 U.S.C. 2014).
(17) Nuclear waste facility.--The term ``nuclear waste
facility'' means--
(A) a repository; and
(B) a storage facility.
(18) Nuclear waste fund.--The term ``Nuclear Waste Fund''
means the separate fund in the Treasury established by section
302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222(c)).
(19) Oversight board.--The term ``Oversight Board'' means
the Nuclear Waste Oversight Board established by section 205.
(20) Priority waste.--The term ``priority waste'' means--
(A) any emergency delivery; and
(B) spent nuclear fuel removed from a civilian
nuclear power reactor that, as of the date of enactment
of this Act, is stored at a civilian nuclear power
reactor site that has been permanently shut down.
(21) Public liability.--The term ``public liability'' has
the meaning given the term in section 11 of the Atomic Energy
Act of 1954 (42 U.S.C. 2014).
(22) Repository.--The term ``repository'' has the meaning
given the term in section 2 of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10101).
(23) Reservation.--The term ``reservation'' has the meaning
given the term in section 2 of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10101).
(24) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(25) Site characterization.--
(A) In general.--The term ``site characterization''
means the site-specific activities that the
Administrator determines necessary to support an
application to the Commission for a license to
construct a repository or storage facility under this
Act.
(B) Repository site characterization.--In the case
of a site for a repository, the term ``site
characterization'' may include borings, surface
excavations, excavations of exploratory shafts,
subsurface lateral excavations and borings, and in situ
testing needed to evaluate the suitability of a
candidate site for the location of a repository.
(C) Storage site characterization.--In the case of
a site being considered solely for an above-ground
storage facility, the term ``site characterization''
does not include subsurface borings and excavations
that the Administrator determines are uniquely
associated with underground disposal and unnecessary to
evaluate the suitability of a candidate site for the
location of an above-ground storage facility.
(D) Preliminary activities.--The term ``site
characterization'' does not include preliminary borings
and geophysical testing needed to assess whether site
characterization should be undertaken.
(26) Spent nuclear fuel.--The term ``spent nuclear fuel''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
(27) Storage.--The term ``storage'' means the temporary
retention of nuclear waste with the intent to recover such
waste for subsequent use, processing, or disposal.
(28) Storage facility.--The term ``storage facility'' means
a facility for the consolidated interim storage of nuclear
waste from multiple contract holders or the Secretary.
(29) Unit of general local government.--The term ``unit of
general local government'' has the meaning given the term in
section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101).
(30) Working capital fund.--The term ``Working Capital
Fund'' means the Nuclear Waste Administration Working Capital
Fund established by section 401.
(31) Yucca mountain site.--The term ``Yucca Mountain site''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
SEC. 104. RULE OF CONSTRUCTION.
The use of the term ``nuclear waste'' in this Act to mean high-
level radioactive waste and spent nuclear fuel does not mean (and shall
not be construed to mean) that spent nuclear fuel is, or should be,
classified as or otherwise considered to be ``waste'' or ``radioactive
waste'' for purposes of this Act or any other law, including the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the
``Resource Conservation and Recovery Act of 1976'').
TITLE II--NUCLEAR WASTE ADMINISTRATION
SEC. 201. ESTABLISHMENT.
(a) Establishment.--There is established an independent agency in
the executive branch to be known as the ``Nuclear Waste
Administration''.
(b) Purposes.--The purposes of the Administration are--
(1) to discharge the responsibility of the Federal
Government under the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101 et seq.) to provide for the permanent disposal of
nuclear waste;
(2) to protect the public health and safety and the
environment in discharging the responsibility under paragraph
(1); and
(3) to ensure that the costs of activities under paragraph
(1) are borne by the persons responsible for generating the
nuclear waste.
SEC. 202. PRINCIPAL OFFICERS.
(a) Administrator.--
(1) Appointment.--There shall be at the head of the
Administration a Nuclear Waste Administrator, who shall be
appointed by the President, by and with the advice and consent
of the Senate, from among persons who are, by reason of
education, experience, and attainments, exceptionally well
qualified to perform the duties of the Administrator.
(2) Term.--The term of service of the Administrator shall
be 6 years, except that the Administrator may continue to serve
after the expiration of that term until reappointed or a
successor is appointed and has been confirmed and taken the
oath of office.
(3) Reappointment.--An Administrator may serve more than 1
term.
(4) Functions and powers.--The functions and powers of the
Administration shall be vested in and exercised by the
Administrator.
(5) Supervision and direction.--The Administration shall be
administrated under the supervision and direction of the
Administrator, who shall be responsible for the efficient and
coordinated management of the Administration.
(6) Delegation.--The Administrator may, from time to time
and to the extent permitted by law, delegate such functions of
the Administrator as the Administrator determines to be
appropriate.
(7) Compensation.--The President shall fix the total annual
compensation of the Administrator in an amount that--
(A) is sufficient to recruit and retain a person of
demonstrated ability and achievement in managing large
corporate or governmental organizations; and
(B) does not exceed the maximum amount of annual
compensation payable to a member of the Senior
Executive Service under subsection (b) of section 5382
of title 5, United States Code.
(b) Deputy Administrator.--
(1) Appointment.--The Administrator shall appoint a Deputy
Administrator from among persons who are, by reason of
education, experience, and attainments, exceptionally well
qualified to perform the duties of the Deputy Administrator.
(2) Duties.--The Deputy Administrator shall--
(A) perform such functions as the Administrator
shall from time to time assign or delegate; and
(B) act as the Administrator during the absence or
disability of the Administrator or in the event of a
vacancy in the office of the Administrator.
(3) Compensation.--The President shall fix the total annual
compensation of the Deputy Administrator in an amount that--
(A) is sufficient to recruit and retain a person of
demonstrated ability and achievement in managing large
corporate or governmental organizations; and
(B) does not exceed the total annual compensation
paid to the Administrator.
SEC. 203. OTHER OFFICERS.
(a) Establishment.--There shall be in the Administration--
(1) a General Counsel;
(2) a Chief Financial Officer, who shall be appointed from
among individuals who possess demonstrated ability in general
management of, and knowledge of and extensive practical
experience in, financial management practices in large
governmental or business entities; and
(3) not more than 3 Assistant Administrators, who shall
perform such functions as the Administrator shall specify from
time to time.
(b) Appointment.--Officers appointed under this section shall--
(1) be appointed by the Administrator;
(2) be considered career appointees; and
(3) be subject to section 161 d. of the Atomic Energy Act
of 1954 (42 U.S.C. 2201(d)).
(c) Order of Succession.--The Administrator may designate the order
in which the officers appointed pursuant to this section shall act for,
and perform the functions of, the Administrator during the absence or
disability of the Administrator and the Deputy Administrator or in the
event of vacancies in the offices of the Administrator and the Deputy
Administrator.
SEC. 204. INSPECTOR GENERAL.
There shall be in the Administration an Inspector General, who
shall be appointed by the President, by and with the advice and consent
of the Senate, in accordance with section 403 of title 5, United States
Code.
SEC. 205. NUCLEAR WASTE OVERSIGHT BOARD.
(a) Establishment.--There is established an independent
establishment in the executive branch, to be known as the ``Nuclear
Waste Oversight Board''--
(1) to oversee--
(A) the receipt, disbursement, and use of funds in
the Working Capital Fund and the Nuclear Waste Fund;
(B) the adequacy of the fees collected under
section 302(a) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(a)) to ensure the full recovery of the
costs incurred by the Federal Government in carrying
out activities under this Act and the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101 et seq.); and
(C) the performance of the Administrator in--
(i) fulfilling contracts with contract
holders; and
(ii) complying with the mission plan;
(2) to review the annual management reports and financial
statements submitted by the Administrator under section 505;
(3) to review, on an ongoing basis--
(A) the progress made by the Administrator in
siting, constructing, and operating nuclear waste
facilities under this Act;
(B) the use of funds made available to the
Administrator under this Act;
(C) whether the fees collected from contract
holders are sufficient to ensure full cost recovery or
require adjustment; and
(D) the liability of the United States to contract
holders;
(4) to identify any problems that may impede the
implementation of this Act; and
(5) to recommend to the Administrator, the President, or
Congress, as appropriate, any actions that may be needed to
ensure the implementation of this Act.
(b) Members.--The Oversight Board shall be composed of 5 members
appointed by the President, by and with the advice and consent of the
Senate, from among prominent United States citizens of integrity and
reputation who, based on the training, experience, and attainments of
the individuals, are exceptionally well qualified to evaluate and
oversee the administration of this Act.
(c) Political Affiliation.--Not more than 3 members of the
Oversight Board may be members of the same political party.
(d) Terms.--
(1) In general.--Except as provided in paragraphs (2) and
(3), each member shall serve a term of 5 years.
(2) Initial terms.--
(A) Starting date.--The term of the first 5 members
appointed to the Oversight Board shall be treated as
having started on the first July 1 after the date of
enactment of this Act.
(B) Staggered term.--Of the 5 members first
appointed to the Board under subparagraph (A)--
(i) 1 shall be appointed for a term of 1
year;
(ii) 1 shall be appointed for a term of 2
years;
(iii) 1 shall be appointed for a term of 3
years;
(iv) 1 shall be appointed for a term of 4
years; and
(v) 1 shall be appointed for a term of 5
years.
(3) Extension of term.--
(A) In general.--Subject to subparagraph (B), a
member of the Oversight Board may continue to serve
after the expiration of the term of the member until a
successor is appointed, has been confirmed, and has
taken the oath of office.
(B) Limitation.--No member of the Oversight Board
may serve beyond the end of the session of the Congress
in which the term of the member expires.
(4) Vacancies.--A member of the Oversight Board appointed
to fill a vacancy occurring before the expiration of the term
for which the predecessor of the member was appointed shall be
appointed only for the remainder of the term of the
predecessor.
(5) Reappointment.--A member of the Oversight Board may be
reappointed for an additional term by the President, by and
with the advice and consent of the Senate.
(e) Removal.--The President may remove any member of the Oversight
Board for inefficiency, neglect of duty, or malfeasance in office.
(f) Chair.--The President shall designate 1 member of the Oversight
Board as Chair of the Oversight Board.
(g) Acting Chair.--The Chair designated under subsection (f) may
from time to time designate any other member of the Oversight Board to
act in the place and stead of the Chair during the absence.
(h) Quorum.--3 members of the Oversight Board shall constitute a
quorum for the purpose of doing business.
(i) Equal Responsibility and Authority.--Each member of the
Oversight Board, including the Chair, shall have--
(1) equal responsibility and authority in all decisions and
actions of the Oversight Board;
(2) full access to all information relating to the
performance of the duties and responsibilities of the member;
and
(3) 1 vote.
(j) Conflict of Interest.--Notwithstanding any applicable Federal
ethics law, no member of the Oversight Board shall--
(1) be employed by the Administration or the Department of
Energy; or
(2) have a financial interest in (including an employment
relationship with) any contract holder or contractor of the
Administration.
(k) Compensation.--
(1) In general.--Each member of the Oversight Board shall
be paid at the rate of pay payable for level III of the
Executive Schedule in subchapter II of chapter 53 of title 5,
United States Code, for each day (including travel time) the
member is engaged in the work of the Oversight Board.
(2) Travel expenses.--Each member of the Oversight Board
may receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(l) Meetings.--The Oversight Board shall meet at least once every
90 days.
(m) Reports.--The Oversight Board shall report the findings,
conclusions, and recommendations of the Oversight Board to the
Administrator, the President, and Congress not less than once per year.
(n) Response by the Administrator.--Not later than 45 days after
the date on which the Oversight Board submits a report to the
Administrator under subsection (m), the Administrator shall transmit to
the Oversight Board, in writing--
(1) a statement of whether the Administrator accepts or
rejects, in whole or in part, the recommendations submitted by
the Oversight Board;
(2) a description of the actions taken in response to the
recommendations (or an explanation of the reasons for not
acting on the recommendations); and
(3) the views of the Administrator on the recommendations.
(o) Public Availability.--The Administrator shall make all reports
under subsection (m) and all responses from the Administrator under
subsection (n) available to the public.
(p) Executive Secretary.--The Oversight Board shall appoint and fix
the compensation of an Executive Secretary, who shall--
(1) assemble and maintain the reports, records, and other
papers of the Oversight Board; and
(2) perform such functions as the Oversight Board shall
from time to time assign or delegate to the Executive
Secretary.
(q) Additional Staff.--
(1) Appointment.--The Oversight Board may appoint and fix
the compensation of such additional clerical and professional
staff as may be necessary to discharge the responsibilities of
the Oversight Board.
(2) Limitation.--The Oversight Board may appoint not more
than 10 clerical or professional staff members under this
subsection.
(3) Supervision and direction.--The clerical and
professional staff of the Oversight Board shall be under the
supervision and direction of the Executive Secretary.
(r) Staff Compensation.--
(1) Clerical staff.--Clerical staff shall be appointed
subject to the provisions of title 5, United States Code,
governing appointments in the competitive service, and shall be
paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule rates.
(2) Professional staff.--Professional staff members may be
appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that no
individual so appointed may receive pay in excess of the
maximum rate of pay under the General Schedule.
(s) Access to Information.--
(1) Duty to inform.--The Administrator shall keep the
Oversight Board fully and currently informed on all of the
activities of the Administration.
(2) Production of documents.--The Administrator shall
provide the Oversight Board with any records, files, papers,
data, or information requested by the Oversight Board.
(t) Support Services.--To the extent permitted by law and requested
by the Oversight Board, the Administrator of General Services shall
provide the Oversight Board with necessary administrative services,
facilities, and support on a reimbursable basis.
(u) Health, Safety, and Environmental Regulation.--Nothing in this
section gives the Oversight Board jurisdiction to regulate the
activities of the Administration to protect the health and safety of
the public or the environment.
(v) Authorization of Appropriations.--There are authorized to be
appropriated to the Oversight Board from amounts in the Nuclear Waste
Fund such sums as are necessary to carry out this section.
SEC. 206. CONFORMING AMENDMENTS.
(a) Section 901(b)(2) of title 31, United States Code, is amended
by adding at the end the following:
``(H) The Nuclear Waste Administration.''.
(b) Section 401 of title 5, United States Code, is amended--
(1) in paragraph (1), by inserting ``the Nuclear Waste
Administration,'' after ``Export-Import Bank of the United
States,''; and
(2) in paragraph (3), by inserting ``the Nuclear Waste
Administrator;'' after ``Export-Import Bank of the United
States;''.
TITLE III--FUNCTIONS
SEC. 301. TRANSFER OF FUNCTIONS.
There are transferred to and vested in the Administrator all
functions vested in the Secretary by the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10101 et seq.) relating to--
(1) the construction and operation of a repository and
storage facility;
(2) entering into and performing contracts for the disposal
of nuclear waste under section 302(a) of that Act (42 U.S.C.
10222(a));
(3) the collection, adjustment, deposition, and use of fees
to offset expenditures for the management of nuclear waste; and
(4) the administration of the Nuclear Waste Fund under
section 302(e) of that Act (42 U.S.C. 10222(e)), including the
issuance of obligations under paragraph (5) of that section.
SEC. 302. TRANSFER OF CONTRACTS.
Each contract for the disposal of nuclear waste entered into by the
Secretary before the date of enactment of this Act shall continue in
effect according to the terms of the contract with the Administrator
substituted for the Secretary.
SEC. 303. NUCLEAR WASTE FACILITIES.
(a) In General.--In addition to the functions transferred to the
Administrator under section 301, the Administrator shall, site,
construct, and operate--
(1) 1 or more storage facilities for the temporary storage
of nuclear waste; and
(2) 1 or more repositories for the permanent disposal of
nuclear waste.
(b) Integrated Waste Management.--The Administrator shall ensure
that efforts to site, construct, and operate 1 or more storage
facilities are accompanied by parallel efforts to site, construct, and
operate 1 or more repositories.
SEC. 304. SITING NUCLEAR WASTE FACILITIES.
(a) In General.--In siting nuclear waste facilities under this Act
or performing any function transferred under section 301(1), the
Administrator shall employ a process that--
(1) allows affected communities to decide whether, and on
what terms, the affected communities will host a nuclear waste
facility;
(2) is open to the public and allows interested persons to
be heard in a meaningful way;
(3) is flexible and allows decisions to be reviewed and
modified in response to--
(A) significant, new information; or
(B) significant, new technical, social, or
political developments; and
(4) is based on sound science and meets public health,
safety, and environmental standards.
(b) Yucca Mountain Site.--In accordance with subsection (a)(1), the
Administrator may not site, construct, or operate a nuclear waste
facility at the Yucca Mountain site unless the Administrator has first
entered into a binding consent agreement with the Governor of the State
of Nevada and the governing body of each affected unit of local
government in accordance with section 306(e).
SEC. 305. STORAGE FACILITIES.
(a) Establishment of Storage Facility Program.--In addition to the
functions transferred to the Administrator in section 301, the
Administrator shall establish a storage program to license, construct,
and operate, through 1 or more non-Federal sector partners, 1 or more
federally or non-federally owned storage facilities to provide
consolidated interim storage for nuclear waste.
(b) Program for the Storage of Nuclear Waste.--
(1) Request for proposals.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall
issue a request for proposals for cooperative
agreements for a facility for the consolidated interim
storage of nuclear waste--
(i) to obtain any license from the Nuclear
Regulatory Commission and any other Federal or
State entity that is necessary for the
construction of 1 or more storage facilities;
(ii) to provide for the safe transportation
of spent nuclear fuel and high-level
radioactive waste, as applicable; and
(iii) to provide for the safe storage of
spent nuclear fuel and high-level radioactive
waste, as applicable, at the 1 or more storage
facilities, pending the construction and
operation of deep geologic disposal capacity
for the permanent disposal of the spent nuclear
fuel or high-level radioactive waste.
(B) Guidelines.--
(i) In general.--The request for proposals
under subparagraph (A) shall include general
guidelines for the consideration of proposed
sites for storage facilities consistent with
each requirement of section 112(a) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C.
10132(a)), that the Administrator determines to
be applicable to storage.
(ii) Revisions.--The Administrator may
revise the general guidelines from time to
time, consistent with this section.
(2) Reviews of proposals.--
(A) In general.--The Administrator shall review
each proposal submitted under paragraph (1) to
evaluate--
(i) the extent to which the applicable
States, affected units of general local
government, and affected Indian Tribes support
the proposal;
(ii) the likelihood that the proposed site
is suitable for site characterization under the
guidelines under paragraph (1)(B);
(iii) a reasonable comparative evaluation
of the proposed site and other proposed sites;
(iv) the extent to which nuclear waste is,
or is planned to be, stored or disposed of
within the State;
(v) the extent to which each proposal
would--
(I) enhance the reliability and
flexibility of the system for the
storage of nuclear waste; and
(II) minimize the impacts of
transportation and handling of nuclear
waste;
(vi) potential conflicts with--
(I) a compliance agreement
requiring removal of nuclear waste from
a site; or
(II) a statutory prohibition on the
storage or disposal of nuclear waste at
a site; and
(vii) any other criteria, including
criteria relating to technical or safety
specifications, that the Administrator
determines to be appropriate.
(B) Preference for sites willing to host a co-
located repository and storage facility.--In reviewing
proposals submitted under paragraph (1), the
Administrator shall give preference to sites proposed
to host a storage facility and a co-located repository.
(3) Site characterization.--
(A) Determination of suitability.--After conducting
a review under paragraph (2) and any additional site
investigation that the Administrator determines to be
appropriate, the Administrator shall determine whether
the site is suitable for site characterization.
(B) Selection of site for characterization.--From
the sites determined to be suitable for site
characterization under subparagraph (A), the
Administrator shall select at least 1 site for site
characterization, giving priority to sites that have
been proposed to be co-located with a permanent
geological repository, after--
(i) holding public hearings in the vicinity
of each site and at least 1 other location
within the State in which the site is located;
and
(ii) notifying Congress and the prospective
host State.
(C) Cooperative agreement.--On selection of a site
for characterization under subparagraph (B), the
Administrator may enter into a cooperative agreement,
subject to section 401(e), with the State, affected
units of general local government, and affected Indian
Tribes, as applicable, that includes--
(i) terms of financial and technical
assistance to enable each applicable unit of
government to monitor, review, evaluate,
comment on, obtain information on, make
recommendations on, and mitigate any impacts
from, site characterization activities; and
(ii) any other term that the Administrator
determines to be appropriate.
(4) Site selection.--
(A) In general.--Subject to subparagraphs (B) and
(C), on completion of site characterization activities,
the Administrator shall--
(i) make a final determination for each
site of whether the site is suitable for
development as a storage facility; and
(ii) select 1 or more suitable sites for
storage facilities.
(B) Consent-based approval.--Before selecting a
site for developing a storage facility, the
Administrator shall enter into a consent agreement,
subject to section 401(e), to host the facility with--
(i) the Governor or other authorized
official of the State in which the site is
proposed to be located;
(ii) each affected unit of general local
government; and
(iii) any affected Indian Tribe.
(C) Binding effect.--The consent agreement--
(i) shall be binding on the parties,
subject to section 401(e); and
(ii) shall not be amended or revoked except
by mutual agreement of the parties.
(5) Submission of program plan.--Not less than 30 days
before selecting a site for development of a storage facility
under paragraph (4), the Administrator shall submit to Congress
a program plan that includes--
(A) a list of the 1 or more sites the Administrator
proposes to select for a storage facility;
(B) an estimate of the cost of licensing,
constructing, and operating each storage facility,
including the transportation costs, on an annual basis,
over the expected lifetime of the storage facility;
(C) a schedule for--
(i) obtaining from the Nuclear Regulatory
Commission any license necessary to construct
and operate the storage facility;
(ii) constructing the storage facility;
(iii) transporting nuclear waste to the
storage facility; and
(iv) removing the nuclear waste from, and
decommissioning of, the storage facility;
(D) an estimate of the cost of any financial
assistance, compensation, or incentives proposed to be
paid to the host State, Indian Tribe, or unit of local
government;
(E) an estimate of any future reductions in the
damages expected to be paid by the United States for
the delay of the Department of Energy in accepting
spent fuel expected to result from the storage
facilities developed under this section; and
(F) recommendations for any additional legislation
needed to authorize and implement the program.
(6) Submission of license application.--On selection of a
site under paragraph (4), the applicant (in the case of a non-
Federal facility) or the Administrator (in the case of a
federally owned facility) shall submit to the Commission an
application for a construction authorization for the storage
facility.
(7) Priority.--In providing storage under this section, the
Administrator shall accept priority waste for storage first.
The Administrator shall prioritize accepting such priority
waste in the following order:
(A) Emergency deliveries.
(B) Priority waste described in section 103(20)(B)
that is located in an area in which the continued
storage of the spent nuclear fuel presents a high level
of risk to national security or public safety, as
determined by the Administrator.
(C) Priority waste described in section 103(20)(C)
that is determined to present a low level of risk to
national security or public safety, as determined by
the Administrator.
SEC. 306. REPOSITORIES.
(a) Siting Guidelines.--
(1) Issuance.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall issue general
guidelines for the consideration of candidate sites for
repositories, which shall--
(A) update the guidelines issued under section
112(a) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10132(a));
(B) comply with any applicable requirements of that
section; and
(C) require the Administrator to take into account
the extent to which a repository would--
(i) enhance the reliability and flexibility
of the system for the disposal of nuclear
waste; and
(ii) minimize the impacts of transportation
and handling of nuclear waste.
(2) Revisions.--The Administrator may revise the guidelines
in a manner consistent with this subsection and section 112(a)
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132(a)).
(b) Identification of Candidate Sites.--
(1) Review of candidate sites.--As soon as practicable
after the date of the issuance of the guidelines under
subsection (a), the Administrator shall evaluate candidate
sites for a repository to determine whether the sites are
suitable for site characterization.
(2) Sites eligible for review.--The Administrator shall
select sites for evaluation under paragraph (1) from among
sites recommended by--
(A) the Governor or other authorized official of
the State in which the site is located;
(B) the governing body of the affected unit of
general local government;
(C) the governing body of an Indian Tribe within
the reservation boundaries of which the site is
located; or
(D) the Administrator, after consultation with, and
with the consent of--
(i) the Governor of the State in which the
site is located;
(ii) the governing body of the affected
unit of general local government; and
(iii) the governing body of the Indian
Tribe, if the site is located within the
reservation of an Indian Tribe.
(3) Site investigations.--In evaluating a site under this
subsection prior to any determination of the suitability of the
site for site characterization, the Administrator--
(A) shall use available geophysical, geological,
geochemical, hydrological, and other information; and
(B) shall not perform any preliminary borings or
excavations at the site unless necessary to determine
the suitability of the site and authorized by the
landowner.
(4) Determination of suitability.--The Administrator shall
determine whether a site is suitable for site characterization
based on an environmental analysis of the site, which shall
include--
(A) an evaluation by the Administrator of whether
the site is suitable for development as a repository
under the guidelines established under subsection (a),
including a preliminary safety case that describes the
site features and available information that contribute
to confidence in the suitability and safety of the
proposed site for a nuclear waste facility;
(B) an evaluation by the Administrator of the
effects of site characterization activities on public
health and safety and the environment;
(C) a reasonable comparative evaluation of the
proposed site and other proposed sites;
(D) a description of the decision process by which
the site was recommended;
(E) an assessment of the regional and local impacts
of locating a repository at the site, including the
extent to which nuclear waste is, or is planned to be,
stored or disposed of within the State; and
(F) potential conflicts with--
(i) a compliance agreement requiring
removal of nuclear waste from a site; or
(ii) a statutory prohibition on the storage
or disposal of nuclear waste at a site.
(c) Site Characterization.--
(1) Selection of sites.--From among the sites determined to
be suitable for site characterization under subsection (b), the
Administrator shall select at least 1 site for site
characterization as a repository.
(2) Preference for co-located repository and storage
facility.--In selecting sites for site characterization as a
repository, the Administrator shall give preference and
priority to sites determined to be suitable for co-location of
a storage facility and a repository.
(3) Public hearings.--Before selecting a site for site
characterization, the Administrator shall--
(A) hold public hearings in the vicinity of the
site and at least 1 other location within the State in
which the site is located--
(i) to inform the public of the proposed
site characterization;
(ii) to solicit public comments and
recommendations with respect to the proposed
site characterization; and
(iii) to increase stakeholder engagement;
and
(B) notify Congress.
(4) Consultation and cooperation agreement.--
(A) Requirement.--Before selecting a site for site
characterization, the Administrator shall enter into a
consultation and cooperation agreement, subject to
section 401(e), with--
(i) the Governor of the State in which the
site is located;
(ii) the governing body of the affected
unit of general local government; and
(iii) the governing body of any affected
Indian Tribe.
(B) Contents.--The consultation and cooperation
agreement shall--
(i) provide compensation to the State, any
affected units of local government, and any
affected Indian Tribes for any adverse
economic, social, public health and safety, and
environmental impacts associated with site
characterization;
(ii) provide financial and technical
assistance to enable the State, affected units
of local government, and affected Indian Tribes
to monitor, review, evaluate, comment on,
obtain information on, make recommendations on,
and mitigate any impacts from site
characterization activities; and
(iii) include any other term or condition
that the Administrator determines to be
appropriate.
(d) Final Site Suitability Determination.--
(1) Determination required.--On completion of site
characterization activities, the Administrator shall make a
final determination of whether a candidate site is suitable for
development as a repository.
(2) Basis of determination.--In making a determination
under paragraph (1), the Administrator shall determine if--
(A) the site is scientifically and technically
suitable for development as a repository, taking into
account--
(i) whether the site meets the siting
guidelines of the Administrator; and
(ii) whether there is reasonable assurance
that a repository at the site will meet--
(I) the radiation protection
standards of the Administrator of the
Environmental Protection Agency; and
(II) the licensing standards of the
Commission; and
(B) development of a repository at the site is in
the national interest.
(3) Public hearings.--Before making a final determination
under paragraph (1), the Administrator shall hold public
hearings in the vicinity of the site and at least 1 other
location within the State in which the site is located to
solicit public comments and recommendations on the proposed
determination.
(e) Consent Agreements.--
(1) Requirement.--On making a final determination of site
suitability under subsection (d), but before submitting a
license application to the Commission under subsection (f), the
Administrator shall enter into a consent agreement, subject to
section 401(e), with--
(A) the Governor or other authorized official of
the State in which the site is located;
(B) the governing body of the affected unit of
general local government; and
(C) if the site is located on a reservation, the
governing body of the affected Indian Tribe.
(2) Contents.--The consent agreement shall--
(A) contain the terms and conditions on which each
State, local government, and Indian Tribe, as
applicable, consents to host the repository; and
(B) express the consent of each State, local
government, and Indian Tribe to host the repository.
(3) Terms and conditions.--The terms and conditions under
paragraph (2)(A)--
(A) shall promote the economic and social well-
being of the people living in the vicinity of the
repository; and
(B) may include--
(i) financial compensation and incentives;
(ii) economic development assistance;
(iii) operational limitations or
requirements; and
(iv) regulatory or other oversight
authority, to the extent permitted by law.
(4) Binding effect.--The consent agreement--
(A) shall be binding on the parties, subject to
section 401(e); and
(B) shall not be amended or revoked except by
mutual agreement of the parties.
(f) Submission of License Application.--On determining that a site
is suitable under subsection (d) and ratification of a consent
agreement under subsection (e), the Administrator shall submit to the
Commission an application for a construction authorization for the
repository.
SEC. 307. UPDATED STANDARDS AND CRITERIA.
Not later than 1 year after the date of enactment of this Act--
(1) the Administrator of the Environmental Protection
Agency shall, by rule, promulgate updated, generally applicable
standards for protection of the general environment from
offsite releases from radioactive material in repositories,
including updates to the standards promulgated under section
121(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10141(a)); and
(2) the Commission shall, by rule, promulgate updated
criteria and requirements described in section 121(b) of that
Act (42 U.S.C. 10141(b)).
SEC. 308. LICENSING NUCLEAR WASTE FACILITIES.
The construction and operation of a storage facility or repository
under this Act shall be subject to--
(1) all applicable standards for the protection of the
general environment from offsite releases of radioactive
material;
(2) the licensing and regulatory jurisdiction of the
Commission, including all applicable criteria and requirements
promulgated by the Commission under section 121(b) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10141(b)); and
(3) the terms and conditions of each consent agreement
entered into under section 305(b)(4) or section 306(e).
SEC. 309. DEFENSE WASTE.
(a) Disposal and Storage by Administration.--The Secretary--
(1) shall arrange for the Administrator to dispose of
defense waste in a repository developed under this Act; and
(2) may arrange for the Administrator to store defense
waste in storage facilities developed under this Act pending
disposal in a repository.
(b) Memorandum of Agreement.--The arrangements shall be covered by
a memorandum of agreement between the Secretary and the Administrator.
(c) Costs.--The portion of the cost of developing, constructing,
and operating the repository or storage facilities under this Act that
is attributable to defense waste shall be allocated to the Federal
Government and paid by the Federal Government into the Working Capital
Fund.
(d) Prohibition.--No defense waste may be stored or disposed of by
the Administrator in any storage facility or repository constructed
under this Act until funds are appropriated to the Working Capital Fund
in an amount equal to the fees that would be paid by contract holders
under section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222) if such nuclear waste were generated by a contract holder.
(e) Commingling Determination.--
(1) Reevaluation.--Notwithstanding section 8 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10107), the Secretary may
reevaluate the decision to commingle defense waste with nuclear
waste from civilian nuclear power reactors.
(2) Notification.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall notify the President
and the appropriate committees of Congress of whether the
Secretary intends to reevaluate the decision under paragraph
(1) and the reasons for that intention.
(3) Separate nuclear waste facilities.--If the Secretary
finds, after conducting the reevaluation under paragraph (1),
that the development of separate nuclear waste facilities for
the storage or disposal of defense waste is necessary or
appropriate for the efficient management of defense waste, the
Administrator may, with the concurrence of the President, site,
construct, and operate 1 or more separate nuclear waste
facilities for the storage or disposal of defense waste--
(A) in the manner described in section 305, in the
case of storage; or
(B) in the manner described in section 306, in the
case of disposal.
SEC. 310. TRANSPORTATION.
(a) In General.--The Administrator may transport, subject to
compliance with all applicable requirements of the Department of
Transportation and the Commission, and shall be responsible for
transporting, nuclear waste--
(1) from the site of a contract holder to a storage
facility or repository;
(2) from a Department of Energy site to a storage facility
or repository;
(3) from a storage facility to a repository; and
(4) in the case of defense waste, from a Department of
Energy site to a repository.
(b) Certified Packages.--No nuclear waste may be transported under
this Act except in packages--
(1) the design of which has been certified by the
Commission; and
(2) that have been determined by the Commission to satisfy
the quality assurance requirements of the Commission.
(c) Notification.--Prior to any transportation of nuclear waste
under this Act, the Administrator shall provide advance notification to
States and Indian Tribes through whose jurisdiction the Administrator
plans to transport the nuclear waste.
(d) Transportation Assistance.--
(1) Public education.--The Administrator shall conduct a
program to provide information to the public about the
transportation of nuclear waste.
(2) Training.--
(A) In general.--The Administrator shall provide
financial and technical assistance to States and Indian
Tribes through whose jurisdiction the Administrator
plans to transport nuclear waste to train public safety
officials and other emergency responders on--
(i) procedures required for the safe,
routine transportation of nuclear waste; and
(ii) procedures for dealing with emergency
response situations involving nuclear waste,
including instruction of--
(I) government and Tribal officials
and public safety officers in command
and control procedures;
(II) emergency response personnel;
and
(III) radiological protection and
emergency medical personnel.
(B) Timing.--The Administrator shall provide
financial and technical assistance to a State or Indian
Tribe under subparagraph (A) at least 5 years before
the anticipated date on which the transport of nuclear
waste through the jurisdiction of the State or Indian
Tribe is to begin.
(3) Equipment.--The Administrator shall provide monetary
grants and contributions in-kind to assist States and Indian
Tribes through whose jurisdiction the Administrator plans to
transport nuclear waste for the purpose of acquiring equipment
for responding to a transportation incident involving nuclear
waste.
(4) Transportation safety programs.--The Administrator
shall provide in-kind, financial, technical, and other
appropriate assistance to States and Indian Tribes through
whose jurisdiction the Administrator plans to transport nuclear
waste for transportation safety programs related to shipments
of nuclear waste.
TITLE IV--FUNDING AND LEGAL PROCEEDINGS
SEC. 401. WORKING CAPITAL FUND.
(a) Establishment.--There is established in the Treasury a separate
fund, to be known as the ``Nuclear Waste Administration Working Capital
Fund'', which shall be separate from the Nuclear Waste Fund.
(b) Contents.--The Working Capital Fund shall consist of--
(1) all fees paid by contract holders pursuant to section
302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222(a)) on or after the date of enactment of this Act, which
shall be paid into the Working Capital Fund--
(A) notwithstanding section 302(c)(1) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222(c)(1)); and
(B) immediately on the payment of the fees;
(2) any appropriations made by Congress to pay the share of
the cost of the program established under this Act attributable
to defense waste; and
(3) interest paid on--
(A) the unexpended balance of the Working Capital
Fund under subsection (g); and
(B) the unexpended balance of the Nuclear Waste
Fund pursuant to section 402(b).
(c) Availability.--All funds deposited in the Working Capital
Fund--
(1) shall be immediately available to the Administrator to
carry out the functions of the Administrator, except to the
extent limited in annual authorization or appropriation Acts;
(2) shall remain available until expended; and
(3) shall not be subject to apportionment under subchapter
II of chapter 15 of title 31, United States Code.
(d) Use of Fund.--Except to the extent limited in annual
authorization or appropriation Acts, the Administrator may make
expenditures from the Working Capital Fund only for purposes of
carrying out functions authorized by this Act.
(e) Contract Authority.--Any contract or agreement that authorizes
an expenditure or obligation exceeding an amount available in the
Working Capital Fund for the expenditure or obligation (including any
cooperative agreement, consultation and cooperation agreement, or
consent agreement under section 305 or 306) shall be subject to
appropriation.
(f) Performance-Based Funding.--No fees paid by contract holders
pursuant to section 302(a) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222(a)) shall be paid into the Working Capital Fund after
December 31, 2037, unless the Administrator is operating a nuclear
waste facility by that date.
(g) Unexpended Balance.--If the Administrator determines that the
Working Capital Fund contains at any time amounts in excess of current
needs, the Administrator may request the Secretary of the Treasury to
invest such amounts, or any portion of such amounts as the
Administrator determines to be appropriate, in obligations of the
United States in accordance with section 302(e)(3) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10222(e)(3)).
(h) Budget.--The Administrator shall submit the budget of the
Working Capital Fund, along with the budget of the Nuclear Waste Fund
pursuant to section 302(e)(2) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(e)(2)), to the Office of Management and Budget in
accordance with chapter 11 of title 31, United States Code, and both
budgets shall be included in the Budget of the United States
Government.
SEC. 402. NUCLEAR WASTE FUND.
(a) Elimination of Legislative Veto.--Section 302(a)(4) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)) is amended--
(1) in the third sentence, by striking ``insure'' and
inserting ``ensure''; and
(2) in the fifth sentence by striking ``such transmittal
unless'' and all that follows through the period at the end and
inserting ``that transmission.''.
(b) Interest on Unexpended Balance.--Notwithstanding section 302 of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222), interest
accruing on or after the date of enactment of this Act on the
unexpended balance of the Nuclear Waste Fund shall be deposited in the
Working Capital Fund in accordance with section 401(b) and made
available to the Administrator under section 401(c).
SEC. 403. FULL COST RECOVERY.
In determining whether insufficient or excess revenues are being
collected to ensure full cost recovery under section 302(a)(4) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)), the
Administrator shall--
(1) assume that sufficient funds will be appropriated to
the Nuclear Waste Fund to cover the costs attributable to
disposal of defense waste; and
(2) take into account the additional costs resulting from
the enactment of this Act.
SEC. 404. JUDICIAL REVIEW.
(a) Jurisdiction.--
(1) Courts of appeals.--Except for review in the Supreme
Court, a court of appeals of the United States shall have
original and exclusive jurisdiction over any civil action--
(A) for review of any final decision or action of
the Administrator or the Commission under this Act;
(B) alleging the failure of the Administrator or
the Commission to make any decision, or take any
action, required under this Act;
(C) challenging the constitutionality of any
decision made, or action taken, under this Act; or
(D) for review of any environmental assessment or
environmental impact statement prepared pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to any action under this
Act, or alleging a failure to prepare any such
assessment or statement with respect to any such
action.
(2) Venue.--The venue of any proceeding under this section
shall be in--
(A) the judicial circuit in which the petitioner
involved resides or has the principal office of the
petitioner; or
(B) the United States Court of Appeals for the
District of Columbia Circuit.
(b) Deadline for Commencing Action.--
(1) In general.--Except as provided in paragraph (2), a
civil action for judicial review described in subsection (a)(1)
may be brought not later than the date that is 180 days after
the date of the decision or action or failure to act involved.
(2) No knowledge of decision or action.--If a party shows
that the party did not know of the decision or action
complained of (or of the failure to act) and that a reasonable
person acting under the circumstances would not have known, the
party may bring a civil action not later than 180 days after
the date the party acquired actual or constructive knowledge of
the decision, action, or failure to act.
SEC. 405. LITIGATION AUTHORITY.
(a) Supervision by Attorney General.--The litigation of the
Administration shall be subject to the supervision of the Attorney
General pursuant to chapter 31 of title 28, United States Code.
(b) Attorneys of Administration.--The Attorney General may
authorize any attorney of the Administration to conduct any civil
litigation of the Administration in any Federal court, except the
Supreme Court.
SEC. 406. LIABILITIES.
(a) Pending Legal Proceedings.--Any suit, cause of action, or
judicial proceeding commenced by or against the Secretary relating to
functions or contracts transferred to the Administrator by this Act
shall--
(1) not abate by reason of the enactment of this Act; and
(2) continue in effect with the Administrator substituted
for the Secretary.
(b) Settlement of Pending Litigation; Contract Modification.--
(1) Settlement.--The Attorney General, in consultation with
the Administrator, shall seek to settle all claims against the
United States by a contract holder for the breach of a contract
for the disposal of nuclear waste under section 302(a) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) as a
condition precedent of an agreement of the Administrator to
take title to and store the nuclear waste of the contract
holder at a storage facility.
(2) Contract modification.--The Administrator shall seek to
modify contracts entered into under section 302(a) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) in
accordance with the settlement under paragraph (1).
(c) Payment of Judgments and Settlements.--Payment of judgments and
settlements in cases arising from the failure of the Secretary to meet
the deadline of January 31, 1998, to begin to dispose of nuclear waste
under contracts entered into under section 302(a)(1) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10222(a)(1)) shall continue to be
paid from the permanent judgment appropriation established pursuant to
section 1304 of title 31, United States Code.
(d) New Contracts.--Notwithstanding section 302(a)(5) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(5)), the
Administrator shall not enter into any contract after the date of
enactment of this Act that obligates the Administrator to begin
disposing of nuclear waste before the Commission has licensed the
Administrator to operate a repository or storage facility.
(e) Nuclear Indemnification.--
(1) Indemnification agreements.--For purposes of section
170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly
known as the ``Price-Anderson Act'')--
(A) any person that conducts nuclear waste
activities under a contract with the Administrator that
may involve the risk of public liability shall be
treated as a contractor of the Secretary; and
(B) the Secretary shall enter into an agreement of
indemnification with any person described in
subparagraph (A).
(2) Conforming amendment.--Section 11 ff. of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(ff)) is amended by inserting
``or the Nuclear Waste Administration'' after ``Secretary of
Energy''.
TITLE V--ADMINISTRATIVE AND SAVINGS PROVISIONS
SEC. 501. ADMINISTRATIVE POWERS OF ADMINISTRATOR.
The Administrator shall have the power--
(1) to perform the functions of the Secretary transferred
to the Administrator pursuant to this Act;
(2) to enter into contracts with any person who generates
or holds title to nuclear waste generated in a civilian nuclear
power reactor for the acceptance of title, subsequent
transportation, storage, and disposal of the nuclear waste;
(3) to enter into and perform contracts, leases, and
cooperative agreements with public agencies, private
organizations, Federal agencies, the National Laboratories of
the Department of Energy, and persons necessary or appropriate
to carry out the functions of the Administrator;
(4) to acquire, in the name of the United States, real
estate for the construction, operation, and decommissioning of
nuclear waste facilities;
(5) to obtain from the Administrator of General Services
the services the Administrator of General Services is
authorized to provide agencies of the United States, on the
same basis as those services are provided to other agencies of
the United States;
(6) to conduct nongeneric research, development, and
demonstration activities necessary or appropriate to carrying
out the functions of the Administrator; and
(7) to make such rules and regulations, not inconsistent
with this Act, as may be necessary to carry out the functions
of the Administrator.
SEC. 502. PERSONNEL.
(a) Officers and Employees.--
(1) Appointment.--In addition to the senior officers
described in section 203, the Administrator may appoint and fix
the compensation of such officers and employees as may be
necessary to carry out the functions of the Administration.
(2) Compensation.--Except as provided in paragraph (3),
officers and employees appointed under this subsection shall be
appointed in accordance with the civil service laws and the
compensation of the officers and employees shall be fixed in
accordance with title 5, United States Code.
(3) Exception.--Notwithstanding paragraph (2), the
Administrator may, to the extent the Administrator determines
necessary to discharge the responsibilities of the
Administrator--
(A) appoint exceptionally well qualified
individuals to scientific, engineering, or other
critical positions without regard to the provisions of
chapter 33 of title 5, United States Code, governing
appointments in the competitive service; and
(B) fix the basic pay of any individual appointed
under subparagraph (A) at a rate of not more than level
I of the Executive Schedule without regard to the civil
service laws, except that the total annual compensation
of the individual shall be at a rate of not more than
the highest total annual compensation payable under
section 104 of title 3, United States Code.
(4) Merit principles.--The Administrator shall ensure that
the exercise of the authority granted under paragraph (3) is
consistent with the merit principles of section 2301 of title
5, United States Code.
(b) Experts and Consultants.--The Administrator may obtain the
temporary or intermittent services of experts or consultants as
authorized by section 3109 of title 5, United States Code.
(c) Advisory Committees.--
(1) Establishment.--The Administrator may establish, in
accordance with chapter 10 of title 5, United States Code
(commonly referred to as the ``Federal Advisory Committee
Act''), such advisory committees as the Administrator may
consider appropriate to assist in the performance of the
functions of the Administrator.
(2) Compensation.--A member of an advisory committee, other
than a full-time employee of the Federal Government, may be
allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United
States Code, for individuals in the Government service without
pay, while attending meetings of the advisory committee or
otherwise serving away from the homes or regular place of
business of the member at the request of the Administrator.
SEC. 503. OFFICES.
(a) Principal Office.--The principal office of the Administration
shall be in or near the District of Columbia.
(b) Field Offices.--The Administrator may maintain such field
offices as the Administrator considers necessary to carry out the
functions of the Administrator.
SEC. 504. MISSION PLAN.
(a) In General.--The Administrator shall prepare a mission plan,
which shall--
(1) provide an informational basis sufficient to permit
informed decisions to be made in carrying out the functions of
the Administrator; and
(2) provide verifiable indicators for oversight of the
performance of the Administrator.
(b) Contents.--The mission plan shall include--
(1) a description of the actions the Administrator plans to
take to carry out the functions of the Administrator under this
Act;
(2) schedules and milestones for carrying out the functions
of the Administrator, which shall provide for the operation
of--
(A) a storage facility not later than December 31,
2034; and
(B) a repository not later than December 31, 2060;
and
(3) an estimate of the amounts that the Administration will
need Congress to appropriate from the Nuclear Waste Fund (in
addition to amounts expected to be available from the Working
Capital Fund) to carry out the functions of the Nuclear Waste
Fund, on an annual basis.
(c) Proposed Mission Plan.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit a proposed
mission plan for comment to--
(1) Congress;
(2) the Oversight Board;
(3) the Commission;
(4) the Nuclear Waste Technical Review Board established by
section 502 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10262);
(5) the States;
(6) affected Indian Tribes; and
(7) such other interested persons as the Administrator
considers appropriate.
(d) Public Notice and Comment.--On submitting the proposed mission
plan for comment under subsection (c), the Administrator shall--
(1) publish a notice in the Federal Register of the
availability of the proposed mission plan for public comment;
and
(2) provide interested persons an opportunity to comment on
the proposed plan.
(e) Submission of Final Mission Plan.--After consideration of the
comments received, the Administrator shall--
(1) revise the proposed mission plan to the extent that the
Administrator considers appropriate; and
(2) submit the final mission plan, along with a general
statement responding to any significant issues raised in the
comments received on the proposed mission plan, to the
appropriate committees of Congress, the President, and the
Oversight Board.
(f) Revision of the Mission Plan.--The Administrator shall--
(1) revise the mission plan, as appropriate, to reflect
major changes in the planned activities, schedules, milestones,
and cost estimates reported in the mission plan; and
(2) submit the revised mission plan to Congress, the
President, and the Oversight Board prior to implementing the
proposed changes.
SEC. 505. ANNUAL REPORTS.
(a) In General.--The Administrator shall annually prepare and
submit to Congress, the President, and the Oversight Board a
comprehensive report on the activities and expenditures of the
Administration.
(b) Management Report.--The annual report submitted under
subsection (a) shall include--
(1) the annual management report required under section
9106 of title 31, United States Code; and
(2) the report on any audit of the financial statements of
the Administration conducted under section 9105 of title 31,
United States Code.
SEC. 506. SAVINGS PROVISIONS; TERMINATIONS.
(a) Commission Proceedings.--The enactment of this Act shall not
affect the pendency of any proceeding on the application for
authorization to construct a repository at the Yucca Mountain site
pending on the date of enactment of this Act, but the Administrator
shall not proceed with the siting, construction, or operation of a
nuclear waste facility at the Yucca Mountain site except as provided in
section 304(b).
(b) Authority of the Secretary.--This Act shall not transfer or
affect the authority of the Secretary with respect to--
(1) the maintenance, treatment, packaging, and storage of
nuclear waste at Department of Energy sites prior to delivery
to, and acceptance by, the Administrator of such nuclear waste
for storage in a storage facility or disposal in a repository;
(2) the conduct of generic research, development, and
demonstration activities related to nuclear waste management,
including proliferation-resistant advanced fuel recycling and
transmutation technologies that minimize environmental and
public health and safety impacts; and
(3) training and workforce development programs relating to
nuclear waste management.
(c) Terminations.--The authority for each function of the Secretary
relating to the siting, construction, and operation of repositories or
storage facilities not transferred to the Administrator under this Act
shall terminate on the date of enactment of this Act, including the
authority--
(1) to provide disposal under subtitle A of title I of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10131 et seq.);
(2) to provide interim storage or monitored, retrievable
storage under subtitles B and C of title I of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10151 et seq.); and
(3) to site or construct a test and evaluation facility
under title II of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10191 et seq.).
SEC. 507. TECHNICAL ASSISTANCE IN THE FIELD OF SPENT FUEL STORAGE AND
DISPOSAL.
(a) Joint Notice.--Not later than 90 days after the date of
enactment of this Act and annually for 5 succeeding years, the
Secretary and the Commission shall update and publish in the Federal
Register the joint notice required by section 223(b) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10203(b)).
(b) Informing Foreign Governments.--As soon as practicable after
the date of the publication of the annual joint notice described in
subsection (a), the Secretary of State shall inform the governments of
nations and organizations operating nuclear power plants, solicit
expressions of interest, and transmit any such expressions of interest
to the Secretary and the Commission, as provided in section 223(c) of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203(c)).
(c) Budget Requests.--The President shall include in the budget
request of the President for the Commission and the Department of
Energy for each of fiscal years 2023 through 2027 such funding requests
for a program of cooperation and technical assistance with nations in
the fields of spent nuclear fuel storage and disposal as the President
determines appropriate in light of expressions of interest in the
cooperation and assistance.
(d) Eligibility.--Notwithstanding any limitation on cooperation and
technical assistance to non-nuclear weapon states under section 223 of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203), the Secretary
and the Commission may cooperate with and provide technical assistance
to nuclear weapon states, if the Secretary and the Commission determine
the cooperation and technical assistance is in the national interest.
SEC. 508. NUCLEAR WASTE TECHNICAL REVIEW BOARD.
(a) Eligibility.--Section 502(b)(3)(C)(iii)(I) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10262(b)(3)(C)(iii)(I)) is amended by
inserting ``or the Nuclear Waste Administration'' after ``the
Department of Energy''.
(b) Functions.--Section 503 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10263) is amended, in the matter preceding paragraph (1), by
striking ``1987'' and inserting ``1987, and the Nuclear Waste
Administrator''.
(c) Production of Documents.--Section 504(b) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10264(b)) is amended by striking
``Secretary'' each place it appears and inserting ``Nuclear Waste
Administrator''.
(d) Reports.--Section 508 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10268) is amended, in the first sentence, by striking
``Congress and the Secretary'' and inserting ``Congress, the Nuclear
Waste Administrator, and the Nuclear Waste Oversight Board''.
(e) Termination.--Section 510 of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10270) is amended by striking ``Secretary'' and
inserting ``Nuclear Waste Administrator''.
SEC. 509. APPLICATION OF VOLUME LIMITATION.
The volume limitations described in the second and third sentences
of section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10134(d)) shall not apply to any repository to the extent that the
consent agreement applicable to the repository provides for the
disposal of a greater volume.
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