Nuclear Waste Administration Act of 2012 - Establishes as an independent agency in the executive branch: (1) the Nuclear Waste Administration (NWA) to provide for the permanent disposal of nuclear waste, including the siting, construction, and operation of additional repositories, a test and evaluation facility, and additional storage facilities; and (2) the Nuclear Waste Oversight Board.
Transfers to the NWA Administrator specified functions of the Secretary of Energy.
Prescribes guidelines for nuclear waste facilities and for the identification and suitability of candidate sites.
Directs the Environmental Protection Agency (EPA) to adopt generally applicable standards to protect the environment from offsite releases from radioactive material in geological repositories.
Directs the Nuclear Regulatory Commission (NRC) to amend its regulations governing the licensing of geological repositories to make them consistent with comparable EPA standards.
Prohibits the Administrator, before ratification of a consent agreement with a state, local, or tribal government, from possessing, taking title to, or storing more than 10,000 metric tons of spent nuclear repository fuel at a storage facility licensed under this Act.
Requires the Secretary to arrange for the Administrator to dispose of defense wastes in a repository developed under this Act.
Confers upon the Administrator responsibility for transporting nuclear waste under this Act.
Establishes in the Treasury the Nuclear Waste Administration Working Capital Fund.
Amends the Nuclear Waste Policy Act of 1982 to reflect the amendments made by this Act.
Authorizes the Administrator to proceed with siting and licensing consolidated storage facilities pursuant to a certain cooperative agreement entered into before the date of enactment of this Act.
Terminates those authorities of the Secretary regarding siting, construction, and operation of repositories, storage facilities, or test and evaluation facilities which were not transferred to the Administrator under this Act.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3469 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3469
To establish a new organization to manage nuclear waste, provide a
consensual process for siting nuclear waste facilities, ensure adequate
funding for managing nuclear waste, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2012
Mr. Bingaman introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish a new organization to manage nuclear waste, provide a
consensual 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 2012''.
(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.
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. Additional functions.
Sec. 304. Siting nuclear waste facilities.
Sec. 305. Licensing nuclear waste facilities.
Sec. 306. Limitation on storage.
Sec. 307. Defense waste.
Sec. 308. 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. Repeal 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) required 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 in a
repository not later than January 31, 1998;
(2) in 1987, Congress designated the Yucca Mountain site as
the site for the 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;
(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 has recommended that
Congress establish a new nuclear waste management organization
and adopt a new consensual approach to siting nuclear waste
management 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 relating to the siting, licensing, construction,
and operation of nuclear waste management facilities;
(3) to establish a new consensual process for the siting of
nuclear waste management facilities;
(4) to provide for centralized storage of 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
Administrator of the Administration.
(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) Contract holder.--The term ``contract holder'' means
any person who--
(A) generates or holds title to nuclear waste
generated at a civilian nuclear power reactor; and
(B) 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.
(8) 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)).
(9) 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).
(10) High-level radioactive waste.--The term ``high-level
radioactive waste'' has the meaning given the term in section 2
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(11) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 2 of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101).
(12) Nuclear waste.--The term ``nuclear waste'' means--
(A) spent nuclear fuel; and
(B) high-level radioactive waste.
(13) 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).
(14) Nuclear waste facility.--The term ``nuclear waste
facility'' means--
(A) a repository; and
(B) a storage facility.
(15) 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)).
(16) Oversight board.--The term ``Oversight Board'' means
the Nuclear Waste Oversight Board established by section 205.
(17) 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).
(18) 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).
(19) 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).
(20) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(21) 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
section 305(c).
(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, limited
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 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.
(22) 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).
(23) Storage.--The term ``storage'' means the temporary
retention of nuclear waste pending the disposal of the nuclear
waste in a repository.
(24) Storage facility.--The term ``storage facility'' means
a facility for the storage of nuclear waste from multiple
contract holders or the Secretary pending the disposal of the
spent nuclear fuel in a repository.
(25) Test and evaluation facility.--The term ``test and
evaluation facility'' means an at-depth, prototypic underground
cavity used to develop data and experience for the safe
handling and disposal of nuclear waste in a repository.
(26) 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).
(27) Working capital fund.--The term ``Working Capital
Fund'' means the Nuclear Waste Administration Working Capital
Fund established by section 401.
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) Purpose.--The purposes of the Administration are--
(1) to discharge the responsibility of the Federal
Government 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) Functions and powers.--The functions and powers of the
Administration shall be vested in and exercised by the
Administrator.
(3) 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.
(4) 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.
(5) 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 total annual compensation
paid to the Chief Executive Officer of the Tennessee
Valley Authority.
(b) Deputy Administrator.--
(1) Appointment.--There shall be in the Administration a
Deputy 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 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 3 of the Inspector General
Act of 1978 (5 U.S.C. App.).
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'', to oversee the administration of this Act and
protect the public interest in the implementation of this Act.
(b) Members.--The Oversight Board shall consist of--
(1) the Deputy Director of the Office of Management and
Budget;
(2) the Chief of Engineers of the Army Corps of Engineers;
and
(3) the Deputy Secretary of Energy.
(c) Chair.--The President shall designate 1 of the 3 members as
chair.
(d) Functions.--The Oversight Board shall--
(1) review, on an ongoing basis--
(A) the progress made by the Administrator to site,
construct, and operate 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;
(2) identify any problems that may impede the
implementation of this Act; and
(3) recommend to the Administrator, the President, or
Congress, as appropriate, any actions that may be needed to
ensure the implementation of this Act.
(e) Meetings.--The Oversight Board shall meet at least once every
90 days.
(f) 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.
(g) 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.
(h) 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.
(i) 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 such records, files, papers,
data, or information as may be requested by the Oversight
Board.
(j) 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.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Oversight Board from amounts in the Nuclear Waste
Fund to carry out this section such sums as are necessary.
SEC. 206. CONFORMING AMENDMENTS.
(a) Section 901(b)(2) of title 31, United States Code, is amended
by adding at the end the following:
``(R) The Nuclear Waste Administration.''.
(b) Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in paragraph (1), by inserting ``the Nuclear Waste
Administration;'' after ``Export-Import Bank;''; and
(2) in paragraph (2), by inserting ``the Nuclear Waste
Administration,'' after ``Export-Import Bank,''.
TITLE III--FUNCTIONS
SEC. 301. TRANSFER OF FUNCTIONS.
There are transferred to and vested in the Administrator all
functions vested in the Secretary by--
(1) the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101
et seq.) relating to--
(A) the construction and operation of a repository;
(B) entering into and performing contracts for the
disposal of nuclear waste under section 302 of that Act
(42 U.S.C. 10222);
(C) the collection, adjustment, deposition, and use
of fees to offset expenditures for the management of
nuclear waste; and
(D) the issuance of obligations under section
302(e)(5) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222(e)(5)); and
(2) section 312 of the Energy and Water Development and
Related Agencies Appropriations Act, 2013, relating to the
pilot program for the construction and operation of one or more
storage facilities to the extent provided in a cooperative
agreement transferred to the Administrator pursuant to section
302(b).
SEC. 302. TRANSFER OF CONTRACTS.
(a) Disposal 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.
(b) Cooperative Agreement.--Each cooperative agreement entered into
by the Secretary pursuant to section 312 of the Energy and Water
Development and Related Agencies Appropriations Act, 2013, before the
date of enactment of this Act shall continue in effect according to the
terms of the agreement with the Administrator substituted for the
Secretary.
SEC. 303. ADDITIONAL FUNCTIONS.
In addition to the functions transferred to the Administrator under
section 301, the Administrator may site, construct, and operate--
(1) additional repositories if the Administrator determines
that additional disposal capacity is necessary to meet the
disposal obligations of the Administrator;
(2) a test and evaluation facility in connection with a
repository if the Administrator determines a test and
evaluation facility is necessary to develop data and experience
for the safe handling and disposal of nuclear waste at a
repository; and
(3) additional storage facilities if the Administrator
determines that additional storage capacity is necessary
pending the availability of adequate disposal capacity.
SEC. 304. SITING NUCLEAR WASTE FACILITIES.
(a) In General.--In siting nuclear waste facilities under this Act,
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 new information or new technical,
social, or political developments; and
(4) is based on sound science and meets public health,
safety, and environmental standards.
(b) 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--
(A) repositories; and
(B) storage facilities.
(2) Repositories.--In adopting guidelines for repositories
under paragraph (1), the Administrator shall comply with the
requirements of section 112(a) of the Nuclear Waste Policy Act
of 1992 (42 U.S.C. 10132(a)).
(3) Storage facilities.--
(A) In general.--In adopting guidelines for storage
facilities under paragraph (1), the Administrator shall
comply with the requirements of section 112(a) of the
Nuclear Waste Policy Act of 1992 (42 U.S.C. 10132(a)),
except to the extent that section 112(a) of that Act
requires consideration of underground geophysical
conditions that the Administrator determines do not
apply to above-ground storage.
(B) Other factors.--In addition to the requirements
described in subparagraph (A), the guidelines for
storage facilities shall require the Administrator to
take into account the extent to which a storage
facility would--
(i) enhance the reliability and flexibility
of the system for the disposal of nuclear
waste;
(ii) minimize the impacts of transportation
and handling of nuclear waste; and
(iii) unduly burden a State in which
significant volumes of--
(I) defense wastes are stored; or
(II) transuranic wastes are
disposed.
(4) 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)).
(c) Identification of Candidate Sites.--
(1) Review of potential sites.--As soon as practicable
after the date of the issuance of the guidelines under
subsection (b), the Administrator shall evaluate potential
sites for a nuclear waste facility 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 duly 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 assessment of the site, which shall
include--
(A) an evaluation by the Administrator of whether
the site qualifies for development as a nuclear waste
facility under the guidelines established under
subsection (b), including a safety case that provides
the basis for confidence in the safety of the proposed
nuclear waste facility at the proposed site;
(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 by the
Administrator of the site with other sites considered
by--
(i) the Administrator under this section;
or
(ii) the Secretary under the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101 et seq.);
(D) a description of the decision process by which
the site was recommended; and
(E) an assessment of the regional and local impacts
of locating a repository or storage facility at the
site.
(d) Site Characterization.--
(1) Selection of sites.--From among the sites determined to
be suitable for site characterization under subsection (c), the
Administrator shall select--
(A) at least 1 site for site characterization as a
repository; and
(B) at least 1 site for site characterization as a
storage facility.
(2) Preference for co-located repository and storage
facility.--In selecting sites for site characterization as a
storage facility, the Administrator shall give preference 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 hold public hearings
in the vicinity of the site and at least 1 other location
within the State in which the site is located--
(A) to inform the public of the proposed site
characterization; and
(B) to solicit public comments and recommendations
with respect to the site characterization plan of the
Administrator.
(4) Consultation and cooperation agreement.--
(A) Requirement.--Before selecting a site for site
characterization, the Administrator shall enter into a
consultation and cooperation agreement 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 an affected
Indian tribe, in the case of--
(I) a site located within the
boundaries of a reservation; or
(II) an Indian tribe the federally
defined possessory or usage rights to
land outside of a reservation of which
may be substantially and adversely
affected by the repository or storage
facility.
(B) Contents.--The consultation and cooperation
agreement shall provide--
(i) compensation to the State, any affected
units of local government, and any affected
Indian tribes for any potential economic,
social, public health and safety, and
environmental impacts associated with site
characterization; and
(ii) 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, and make recommendations on
site characterization activities.
(e) Final Site Suitability Determination.--
(1) Determination required.--On completion of site
characterization activities, the Administrator shall make a
final determination of whether the site is suitable for
development as a repository or storage facility.
(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 or storage
facility, taking into account--
(i) whether the site meets the siting
guidelines of the Administrator; and
(ii) whether there is reasonable assurance
that a repository or storage facility 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 or storage facility
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.
(f) Consent Agreements.--
(1) Requirement.--On making a final determination of site
suitability under subsection (e), but before submitting a
license application to the Commission under subsection (g), the
Administrator shall enter into a consent agreement with--
(A) the Governor 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 consents to
host the repository or storage facility; and
(B) express the consent of each State, local
government, and Indian tribe to host the repository or
storage facility.
(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 or storage facility; and
(B) may include--
(i) financial compensation and incentives;
(ii) economic development assistance;
(iii) operational limitations or
requirements;
(iv) regulatory oversight authority; and
(v) in the case of a storage facility, an
enforceable deadline for removing nuclear waste
from the storage facility.
(4) Ratification.--No consent agreement entered into under
this section shall have legal effect unless ratified by law.
(5) Binding effect.--On ratification by law, the consent
agreement--
(A) shall be binding on the parties; and
(B) shall not be amended or revoked except by
mutual agreement of the parties.
(g) Submission of License Application.--On determining that a site
is suitable under subsection (e) and ratification of a consent
agreement under subsection (f), the Administrator shall submit to the
Commission an application for a construction authorization for the
repository or storage facility.
SEC. 305. LICENSING NUCLEAR WASTE FACILITIES.
(a) Radiation Protection Standards.--Not later than 1 year after
the date of enactment of this Act, the Administrator of the
Environmental Protection Agency, pursuant to authority under other
provisions of law, shall adopt, by rule, generally applicable standards
for protection of the general environment from offsite releases from
radioactive material in geological repositories.
(b) Commission Regulations.--Not later than 1 year after the
adoption of generally applicable standards by the Administrator of the
Environmental Protection Agency under subsection (a), the Commission,
pursuant to authority under other provisions of law, shall amend the
regulations of the Commission governing the licensing of geological
repositories to be consistent with any comparable standards adopted by
the Administrator of the Environmental Protection Agency under
subsection (a).
(c) Construction Authorization.--
(1) Applicable laws.--The Commission shall consider an
application for a construction authorization for a nuclear
waste facility in accordance with the laws (including
regulations) applicable to the applications.
(2) Final decision.--Not later than 3 years after the date
of the submission of the application, the Commission shall
issue a final decision approving or disapproving the issuance
of a construction authorization.
(3) Extension.--The Commission may extend the deadline
under paragraph (2) by not more than 1 year if, not less than
30 days before the deadline, the Commission submits to Congress
and the Administrator a written report that describes--
(A) the reason for failing to meet the deadline;
and
(B) the estimated time by which the Commission will
issue a final decision.
SEC. 306. LIMITATION ON STORAGE.
(a) In General.--Except as provided in subsection (b), the
Administrator may not possess, take title to, or store spent nuclear
fuel at a storage facility licensed under this Act before ratification
of a consent agreement for a repository under section 304(f)(4).
(b) Exception.--The Administrator may possess, take title to, and
store not more than 10,000 metric tons of spent nuclear fuel at a
storage facility licensed and constructed pursuant to a cooperative
agreement entered into before the date of enactment of this Act under
section 312 of the Energy and Water Development and Related Agencies
Appropriations Act, 2013, before ratification of a consent agreement
for a repository under section 304(f)(4).
SEC. 307. DEFENSE WASTE.
(a) Disposal and Storage by Administration.--The Secretary--
(1) shall arrange for the Administrator to dispose of
defense wastes in a repository developed under this Act; and
(2) may arrange for the Administrator to store spent
nuclear fuel from the naval nuclear propulsion program 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 wastes 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 or section 312 of the Energy and Water Development and
Related Agencies Appropriations Act, 2013, 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.
SEC. 308. TRANSPORTATION.
(a) In General.--The Administrator shall be responsible for
transporting nuclear waste--
(1) from the site of a contract holder to a storage
facility or repository;
(2) from a storage facility to a repository; and
(3) 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.--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--
(A) procedures required for the safe, routine
transportation of nuclear waste; and
(B) 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.
(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 wastes; and
(3) interest paid on the unexpended balance of the Working
Capital Fund.
(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.
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 in
the last sentence by striking ``transmittal unless'' and all that
follows through the end of the sentence and inserting ``transmittal.''.
(b) Interest on Unexpended Balances.--Section 302(e)(3) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(3)) is amended--
(1) by striking ``Secretary'' the first, second, and fourth
place it appears and inserting ``Administrator of the Nuclear
Waste Administration''; and
(2) by striking ``the Waste Fund'' each place it appears
and inserting ``the Waste Fund or the Working Capital Fund
established by section 401 of the Nuclear Waste Administration
Act of 2012''.
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 wastes; 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 United States court of appeals 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 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 the 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 and contract
holders shall 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, 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 the Federal Advisory Committee Act (5 U.S.C.
App.), 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 comprehensive
report (referred to in this section as the ``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; 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) provided 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 to 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.--This Act shall not affect any
proceeding or any application for any license or permit pending before
the Commission on the date of enactment of this Act.
(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
defense wastes at Department of Energy sites prior to delivery
to, and acceptance by, the Administrator for 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) Pilot Program.--Nothwithstanding section 304, the Administrator
may proceed with the siting and licensing of one or more consolidated
storage facilities under a cooperative agreement entered into by the
Secretary pursuant to section 312 of the Energy and Water Development
and Related Agencies Appropriations Act, 2013, before the date of
enactment of this Act in accordance with--
(1) the terms of the cooperative agreement; and
(2) section 312 of the Energy and Water Development and
Related Agencies Appropriations Act, 2013.
(d) Terminations.--The authority for each function of the Secretary
relating to the siting, construction, and operation of repositories,
storage facilities, or test and evaluation 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 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.);
(2) 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.); and
(3) to issue requests for proposals or enter into
agreements under section 312 of the Energy and Water
Development and Related Agencies Appropriations Act, 2013.
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 2014 through 2019 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 by striking ``Secretary after the date of
the enactment of the Nuclear Waste Policy Amendments Act of 1987'' and
inserting ``Nuclear Waste Administrator after the date of enactment of
the Nuclear Waste Administration Act of 2012''.
(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. REPEAL OF VOLUME LIMITATION.
Section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10134(d)) is amended by striking the second and third sentences.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5873-5874)
Read twice and referred to the Committee on Energy and Natural Resources. (text of measure as introduced: CR S5874-5880)
Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 112-598.
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