I 

118TH CONGRESS 

2D SESSION H. R. 9786 

To establish a new organization to manage nuclear waste, provide a consentbased 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Nuclear Waste Administration Act of 2024’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FINDINGS, PURPOSES, AND DEFINITIONS 


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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. 

1 TITLE I—FINDINGS, PURPOSES, 

2 AND DEFINITIONS 

3 SEC. 101. FINDINGS. 

4 Congress finds that— 


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1 (1) the Nuclear Waste Policy Act of 1982 (42 

2 U.S.C. 10101 et seq.)— 

3 (A) made the Federal Government respon4 sible for providing for the permanent disposal 

5 of nuclear waste; 

6 (B) vested the responsibility for siting, 

7 constructing, and operating a permanent geo8 logic repository for the disposal of nuclear 

9 waste in the Secretary of Energy; and 

10 (C) authorized the Secretary to enter into 

11 binding contracts with the generators and own12 ers of nuclear waste pursuant to which the Sec13 retary is obligated to have begun disposing of 

14 the nuclear waste not later than January 31, 

15 1998; 

16 (2) in 1987, Congress designated the Yucca 

17 Mountain site as the site for the first repository and 

18 precluded consideration of other sites; 

19 (3) in 2002, the Secretary found the Yucca 

20 Mountain site to be suitable for the development of 

21 the repository, the President recommended the site 

22 to Congress, and Congress enacted a joint resolution 

23 approving the Yucca Mountain site for the reposi24 tory; 


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1 (4) in 2008, the Secretary applied to the Nu2 clear Regulatory Commission for a license to con3 struct a repository at the Yucca Mountain site; 

4 (5) in 2009, the Secretary found the Yucca 

5 Mountain site to be unworkable and abandoned ef6 forts to construct a repository at the site; 

7 (6) in 2010, the Secretary, at the request of the 

8 President, established the Blue Ribbon Commission 

9 on America’s Nuclear Future to conduct a com10 prehensive review of the nuclear waste management 

11 policies of the United States and recommend a new 

12 strategy for managing the nuclear waste of the 

13 United States; and 

14 (7) the Blue Ribbon Commission on America’s 

15 Nuclear Future recommended that Congress estab16 lish a new nuclear waste management organization 

17 and adopt a new consent-based siting approach to 

18 siting nuclear waste facilities. 

19 SEC. 102. PURPOSES. 

20 The purposes of this Act are— 

21 (1) to establish a new nuclear waste manage22 ment organization; 

23 (2) to transfer to the new organization the 

24 functions of the Secretary under the Nuclear Waste 

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1 ing to the siting, licensing, construction, and oper2 ation of nuclear waste facilities; 

3 (3) to establish a new consensual process for 

4 the siting of nuclear waste facilities; 

5 (4) to provide for one or more Federal storage 

6 facilities for nuclear waste pending completion of a 

7 repository; and 

8 (5) to ensure that— 

9 (A) the generators and owners of nuclear 

10 waste pay the full cost of the program; and 

11 (B) funds collected for the program are 

12 used for that purpose. 

13 SEC. 103. DEFINITIONS. 

14 In this Act: 

15 (1) ADMINISTRATION.—The term ‘‘Administra16 tion’’ means the Nuclear Waste Administration es17 tablished by section 201. 

18 (2) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Nuclear Waste Administrator ap20 pointed under section 202(a). 

21 (3) AFFECTED INDIAN TRIBE.—The term ‘‘af22 fected Indian Tribe’’ means any Indian Tribe— 

23 (A) within the reservation boundaries of 

24 which a repository or storage facility is pro25 posed to be located; or 


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1 (B) that has federally defined possessory 

2 or usage rights to other land outside of the res3 ervation boundaries that— 

4 (i) arise out of a congressionally rati5 fied treaty; and 

6 (ii) the Secretary of the Interior finds, 

7 on petition of an appropriate governmental 

8 official of the Indian Tribe, may be sub9 stantially and adversely affected by the re10 pository or storage facility. 

11 (4) AFFECTED UNIT OF GENERAL LOCAL GOV12 ERNMENT.— 

13 (A) IN GENERAL.—The term ‘‘affected 

14 unit of general local government’’ means the 

15 unit of general local government that has juris16 diction over the site of a repository or storage 

17 facility. 

18 (B) INCLUSION.—The term ‘‘affected unit 

19 of general local government’’ may include, at 

20 the discretion of the Administrator, units of 

21 general local government that are contiguous 

22 with the unit that has jurisdiction over the site 

23 of a repository or storage facility. 

24 (5) CIVILIAN NUCLEAR POWER REACTOR.—The 

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1 ing given the term in section 2 of the Nuclear Waste 

2 Policy Act of 1982 (42 U.S.C. 10101). 

3 (6) COMMISSION.—The term ‘‘Commission’’ 

4 means the Nuclear Regulatory Commission. 

5 (7) COMPLIANCE AGREEMENT.—The term 

6 ‘‘compliance agreement’’ means a legally enforceable 

7 agreement between the Secretary and a Federal or 

8 State agency requiring the removal of nuclear waste 

9 from a Department of Energy facility. 

10 (8) CONTRACT HOLDER.—The term ‘‘contract 

11 holder’’ means any person who has entered into a 

12 contract for the disposal of nuclear waste under sec13 tion 302(a) of the Nuclear Waste Policy Act of 1982 

14 (42 U.S.C. 10222(a)) or this Act. 

15 (9) DEFENSE WASTE.—The term ‘‘defense 

16 waste’’ means nuclear waste generated by an atomic 

17 energy defense activity (as defined in section 2 of 

18 the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

19 10101)). 

20 (10) DISPOSAL.—The term ‘‘disposal’’ has the 

21 meaning given the term in section 2 of the Nuclear 

22 Waste Policy Act of 1982 (42 U.S.C. 10101). 

23 (11) EMERGENCY DELIVERY.— 

24 (A) IN GENERAL.—The term ‘‘emergency 

25 delivery’’ means nuclear waste accepted by the 


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1 Administrator for storage prior to the date pro2 vided in the contractual delivery commitment 

3 schedule pursuant to article V.D. of the stand4 ard contract for disposal of nuclear waste codi5 fied in section 961.11 of title 10, Code of Fed6 eral Regulations. 

7 (B) INCLUSION.—The term ‘‘emergency 

8 delivery’’ may include, at the discretion of the 

9 Administrator, nuclear waste that is required to 

10 be removed from a Department of Energy facil11 ity— 

12 (i) pursuant to a compliance agree13 ment; or 

14 (ii) to eliminate an imminent and seri15 ous threat to the health and safety of the 

16 public or the common defense and security. 

17 (12) HIGH-LEVEL RADIOACTIVE WASTE.—The 

18 term ‘‘high-level radioactive waste’’ means, as appli19 cable— 

20 (A) high-level radioactive waste (as defined 

21 in section 2 of the Nuclear Waste Policy Act of 

22 1982 (42 U.S.C. 10101)); or 

23 (B) in the case of the West Valley Dem24 onstration Project, high level radioactive waste 

25 (as defined in section 6 of the West Valley 


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1 Demonstration Project Act (42 U.S.C. 2021a 

2 note; Public Law 96–368)). 

3 (13) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

4 has the meaning given the term ‘‘Indian tribe’’ in 

5 section 2 of the Nuclear Waste Policy Act of 1982 

6 (42 U.S.C. 10101). 

7 (14) MISSION PLAN.—The term ‘‘mission plan’’ 

8 means the comprehensive report required under sec9 tion 504. 

10 (15) NUCLEAR WASTE.—The term ‘‘nuclear 

11 waste’’ means— 

12 (A) spent nuclear fuel; and 

13 (B) high-level radioactive waste. 

14 (16) NUCLEAR WASTE ACTIVITIES.—The term 

15 ‘‘nuclear waste activities’’ has the meaning given the 

16 term in section 11 of the Atomic Energy Act of 

17 1954 (42 U.S.C. 2014). 

18 (17) NUCLEAR WASTE FACILITY.—The term 

19 ‘‘nuclear waste facility’’ means— 

20 (A) a repository; and 

21 (B) a storage facility. 

22 (18) NUCLEAR WASTE FUND.—The term ‘‘Nu23 clear Waste Fund’’ means the separate fund in the 

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1 clear Waste Policy Act of 1982 (42 U.S.C. 

2 10222(c)). 

3 (19) OVERSIGHT BOARD.—The term ‘‘Oversight 

4 Board’’ means the Nuclear Waste Oversight Board 

5 established by section 205. 

6 (20) PRIORITY WASTE.—The term ‘‘priority 

7 waste’’ means— 

8 (A) any emergency delivery; and 

9 (B) spent nuclear fuel removed from a ci10 vilian nuclear power reactor that, as of the date 

11 of enactment of this Act, is stored at a civilian 

12 nuclear power reactor site that has been perma13 nently shut down. 

14 (21) PUBLIC LIABILITY.—The term ‘‘public li15 ability’’ has the meaning given the term in section 

16 11 of the Atomic Energy Act of 1954 (42 U.S.C. 

17 2014). 

18 (22) REPOSITORY.—The term ‘‘repository’’ has 

19 the meaning given the term in section 2 of the Nu20 clear Waste Policy Act of 1982 (42 U.S.C. 10101). 

21 (23) RESERVATION.—The term ‘‘reservation’’ 

22 has the meaning given the term in section 2 of the 

23 Nuclear Waste Policy Act of 1982 (42 U.S.C. 

24 10101). 


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1 (24) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of Energy. 

3 (25) SITE CHARACTERIZATION.— 

4 (A) IN GENERAL.—The term ‘‘site charac5 terization’’ means the site-specific activities that 

6 the Administrator determines necessary to sup7 port an application to the Commission for a li8 cense to construct a repository or storage facil9 ity under this Act. 

10 (B) REPOSITORY SITE CHARACTERIZA11 TION.—In the case of a site for a repository, 

12 the term ‘‘site characterization’’ may include 

13 borings, surface excavations, excavations of ex14 ploratory shafts, subsurface lateral excavations 

15 and borings, and in situ testing needed to 

16 evaluate the suitability of a candidate site for 

17 the location of a repository. 

18 (C) STORAGE SITE CHARACTERIZATION.— 

19 In the case of a site being considered solely for 

20 an above-ground storage facility, the term ‘‘site 

21 characterization’’ does not include subsurface 

22 borings and excavations that the Administrator 

23 determines are uniquely associated with under24 ground disposal and unnecessary to evaluate 


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1 the suitability of a candidate site for the loca2 tion of an above-ground storage facility. 

3 (D) PRELIMINARY ACTIVITIES.—The term 

4 ‘‘site characterization’’ does not include prelimi5 nary borings and geophysical testing needed to 

6 assess whether site characterization should be 

7 undertaken. 

8 (26) SPENT NUCLEAR FUEL.—The term ‘‘spent 

9 nuclear fuel’’ has the meaning given the term in sec10 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

11 U.S.C. 10101). 

12 (27) STORAGE.—The term ‘‘storage’’ means the 

13 temporary retention of nuclear waste with the intent 

14 to recover such waste for subsequent use, processing, 

15 or disposal. 

16 (28) STORAGE FACILITY.—The term ‘‘storage 

17 facility’’ means a facility for the consolidated interim 

18 storage of nuclear waste from multiple contract 

19 holders or the Secretary. 

20 (29) UNIT OF GENERAL LOCAL GOVERN21 MENT.—The term ‘‘unit of general local govern22 ment’’ has the meaning given the term in section 2 

23 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

24 10101). 


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1 (30) WORKING CAPITAL FUND.—The term 

2 ‘‘Working Capital Fund’’ means the Nuclear Waste 

3 Administration Working Capital Fund established by 

4 section 401. 

5 (31) YUCCA MOUNTAIN SITE.—The term 

6 ‘‘Yucca Mountain site’’ has the meaning given the 

7 term in section 2 of the Nuclear Waste Policy Act 

8 of 1982 (42 U.S.C. 10101). 

9 SEC. 104. RULE OF CONSTRUCTION. 

10 The use of the term ‘‘nuclear waste’’ in this Act to 

11 mean high-level radioactive waste and spent nuclear fuel 

12 does not mean (and shall not be construed to mean) that 

13 spent nuclear fuel is, or should be, classified as or other14 wise considered to be ‘‘waste’’ or ‘‘radioactive waste’’ for 

15 purposes of this Act or any other law, including the Solid 

16 Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly 

17 known as the ‘‘Resource Conservation and Recovery Act 

18 of 1976’’). 

19 TITLE II—NUCLEAR WASTE 

20 ADMINISTRATION 

21 SEC. 201. ESTABLISHMENT. 

22 (a) ESTABLISHMENT.—There is established an inde23 pendent agency in the executive branch to be known as 

24 the ‘‘Nuclear Waste Administration’’. 


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1 (b) PURPOSES.—The purposes of the Administration 

2 are— 

3 (1) to discharge the responsibility of the Fed4 eral Government under the Nuclear Waste Policy 

5 Act of 1982 (42 U.S.C. 10101 et seq.) to provide for 

6 the permanent disposal of nuclear waste; 

7 (2) to protect the public health and safety and 

8 the environment in discharging the responsibility 

9 under paragraph (1); and 

10 (3) to ensure that the costs of activities under 

11 paragraph (1) are borne by the persons responsible 

12 for generating the nuclear waste. 

13 SEC. 202. PRINCIPAL OFFICERS. 

14 (a) ADMINISTRATOR.— 

15 (1) APPOINTMENT.—There shall be at the head 

16 of the Administration a Nuclear Waste Adminis17 trator, who shall be appointed by the President, by 

18 and with the advice and consent of the Senate, from 

19 among persons who are, by reason of education, ex20 perience, and attainments, exceptionally well quali21 fied to perform the duties of the Administrator. 

22 (2) TERM.—The term of service of the Admin23 istrator shall be 6 years, except that the Adminis24 trator may continue to serve after the expiration of 

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1 pointed and has been confirmed and taken the oath 

2 of office. 

3 (3) REAPPOINTMENT.—An Administrator may 

4 serve more than 1 term. 

5 (4) FUNCTIONS AND POWERS.—The functions 

6 and powers of the Administration shall be vested in 

7 and exercised by the Administrator. 

8 (5) SUPERVISION AND DIRECTION.—The Ad9 ministration shall be administrated under the super10 vision and direction of the Administrator, who shall 

11 be responsible for the efficient and coordinated man12 agement of the Administration. 

13 (6) DELEGATION.—The Administrator may, 

14 from time to time and to the extent permitted by 

15 law, delegate such functions of the Administrator as 

16 the Administrator determines to be appropriate. 

17 (7) COMPENSATION.—The President shall fix 

18 the total annual compensation of the Administrator 

19 in an amount that— 

20 (A) is sufficient to recruit and retain a 

21 person of demonstrated ability and achievement 

22 in managing large corporate or governmental 

23 organizations; and 

24 (B) does not exceed the maximum amount 

25 of annual compensation payable to a member of 


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1 the Senior Executive Service under subsection 

2 (b) of section 5382 of title 5, United States 

3 Code. 

4 (b) DEPUTY ADMINISTRATOR.— 

5 (1) APPOINTMENT.—The Administrator shall 

6 appoint a Deputy Administrator from among per7 sons who are, by reason of education, experience, 

8 and attainments, exceptionally well qualified to per9 form the duties of the Deputy Administrator. 

10 (2) DUTIES.—The Deputy Administrator 

11 shall— 

12 (A) perform such functions as the Admin13 istrator shall from time to time assign or dele14 gate; and 

15 (B) act as the Administrator during the 

16 absence or disability of the Administrator or in 

17 the event of a vacancy in the office of the Ad18 ministrator. 

19 (3) COMPENSATION.—The President shall fix 

20 the total annual compensation of the Deputy Admin21 istrator in an amount that— 

22 (A) is sufficient to recruit and retain a 

23 person of demonstrated ability and achievement 

24 in managing large corporate or governmental 

25 organizations; and 


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1 (B) does not exceed the total annual com2 pensation paid to the Administrator. 

3 SEC. 203. OTHER OFFICERS. 

4 (a) ESTABLISHMENT.—There shall be in the Admin5 istration— 

6 (1) a General Counsel; 

7 (2) a Chief Financial Officer, who shall be ap8 pointed from among individuals who possess dem9 onstrated ability in general management of, and 

10 knowledge of and extensive practical experience in, 

11 financial management practices in large govern12 mental or business entities; and 

13 (3) not more than 3 Assistant Administrators, 

14 who shall perform such functions as the Adminis15 trator shall specify from time to time. 

16 (b) APPOINTMENT.—Officers appointed under this 

17 section shall— 

18 (1) be appointed by the Administrator; 

19 (2) be considered career appointees; and 

20 (3) be subject to section 161 d. of the Atomic 

21 Energy Act of 1954 (42 U.S.C. 2201(d)). 

22 (c) ORDER OF SUCCESSION.—The Administrator 

23 may designate the order in which the officers appointed 

24 pursuant to this section shall act for, and perform the 

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1 ability of the Administrator and the Deputy Administrator 

2 or in the event of vacancies in the offices of the Adminis3 trator and the Deputy Administrator. 

4 SEC. 204. INSPECTOR GENERAL. 

5 There shall be in the Administration an Inspector 

6 General, who shall be appointed by the President, by and 

7 with the advice and consent of the Senate, in accordance 

8 with section 403 of title 5, United States Code. 

9 SEC. 205. NUCLEAR WASTE OVERSIGHT BOARD. 

10 (a) ESTABLISHMENT.—There is established an inde11 pendent establishment in the executive branch, to be 

12 known as the ‘‘Nuclear Waste Oversight Board’’— 

13 (1) to oversee— 

14 (A) the receipt, disbursement, and use of 

15 funds in the Working Capital Fund and the 

16 Nuclear Waste Fund; 

17 (B) the adequacy of the fees collected 

18 under section 302(a) of the Nuclear Waste Pol19 icy Act of 1982 (42 U.S.C. 10222(a)) to ensure 

20 the full recovery of the costs incurred by the 

21 Federal Government in carrying out activities 

22 under this Act and the Nuclear Waste Policy 

23 Act of 1982 (42 U.S.C. 10101 et seq.); and 

24 (C) the performance of the Administrator 

25 in— 


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1 (i) fulfilling contracts with contract 

2 holders; and 

3 (ii) complying with the mission plan; 

4 (2) to review the annual management reports 

5 and financial statements submitted by the Adminis6 trator under section 505; 

7 (3) to review, on an ongoing basis— 

8 (A) the progress made by the Adminis9 trator in siting, constructing, and operating nu10 clear waste facilities under this Act; 

11 (B) the use of funds made available to the 

12 Administrator under this Act; 

13 (C) whether the fees collected from con14 tract holders are sufficient to ensure full cost 

15 recovery or require adjustment; and 

16 (D) the liability of the United States to 

17 contract holders; 

18 (4) to identify any problems that may impede 

19 the implementation of this Act; and 

20 (5) to recommend to the Administrator, the 

21 President, or Congress, as appropriate, any actions 

22 that may be needed to ensure the implementation of 

23 this Act. 

24 (b) MEMBERS.—The Oversight Board shall be com25 posed of 5 members appointed by the President, by and 


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1 with the advice and consent of the Senate, from among 

2 prominent United States citizens of integrity and reputa3 tion who, based on the training, experience, and attain4 ments of the individuals, are exceptionally well qualified 

5 to evaluate and oversee the administration of this Act. 

6 (c) POLITICAL AFFILIATION.—Not more than 3 

7 members of the Oversight Board may be members of the 

8 same political party. 

9 (d) TERMS.— 

10 (1) IN GENERAL.—Except as provided in para11 graphs (2) and (3), each member shall serve a term 

12 of 5 years. 

13 (2) INITIAL TERMS.— 

14 (A) STARTING DATE.—The term of the 

15 first 5 members appointed to the Oversight 

16 Board shall be treated as having started on the 

17 first July 1 after the date of enactment of this 

18 Act. 

19 (B) STAGGERED TERM.—Of the 5 mem20 bers first appointed to the Board under sub21 paragraph (A)— 

22 (i) 1 shall be appointed for a term of 

23 1 year; 

24 (ii) 1 shall be appointed for a term of 

25 2 years; 


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1 (iii) 1 shall be appointed for a term of 

2 3 years; 

3 (iv) 1 shall be appointed for a term of 

4 4 years; and 

5 (v) 1 shall be appointed for a term of 

6 5 years. 

7 (3) EXTENSION OF TERM.— 

8 (A) IN GENERAL.—Subject to subpara9 graph (B), a member of the Oversight Board 

10 may continue to serve after the expiration of 

11 the term of the member until a successor is ap12 pointed, has been confirmed, and has taken the 

13 oath of office. 

14 (B) LIMITATION.—No member of the 

15 Oversight Board may serve beyond the end of 

16 the session of the Congress in which the term 

17 of the member expires. 

18 (4) VACANCIES.—A member of the Oversight 

19 Board appointed to fill a vacancy occurring before 

20 the expiration of the term for which the predecessor 

21 of the member was appointed shall be appointed only 

22 for the remainder of the term of the predecessor. 

23 (5) REAPPOINTMENT.—A member of the Over24 sight Board may be reappointed for an additional 


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1 term by the President, by and with the advice and 

2 consent of the Senate. 

3 (e) REMOVAL.—The President may remove any mem4 ber of the Oversight Board for inefficiency, neglect of 

5 duty, or malfeasance in office. 

6 (f) CHAIR.—The President shall designate 1 member 

7 of the Oversight Board as Chair of the Oversight Board. 

8 (g) ACTING CHAIR.—The Chair designated under 

9 subsection (f) may from time to time designate any other 

10 member of the Oversight Board to act in the place and 

11 stead of the Chair during the absence. 

12 (h) QUORUM.—3 members of the Oversight Board 

13 shall constitute a quorum for the purpose of doing busi14 ness. 

15 (i) EQUAL RESPONSIBILITY AND AUTHORITY.—Each 

16 member of the Oversight Board, including the Chair, shall 

17 have— 

18 (1) equal responsibility and authority in all de19 cisions and actions of the Oversight Board; 

20 (2) full access to all information relating to the 

21 performance of the duties and responsibilities of the 

22 member; and 

23 (3) 1 vote. 


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1 (j) CONFLICT OF INTEREST.—Notwithstanding any 

2 applicable Federal ethics law, no member of the Oversight 

3 Board shall— 

4 (1) be employed by the Administration or the 

5 Department of Energy; or 

6 (2) have a financial interest in (including an 

7 employment relationship with) any contract holder 

8 or contractor of the Administration. 

9 (k) COMPENSATION.— 

10 (1) IN GENERAL.—Each member of the Over11 sight Board shall be paid at the rate of pay payable 

12 for level III of the Executive Schedule in subchapter 

13 II of chapter 53 of title 5, United States Code, for 

14 each day (including travel time) the member is en15 gaged in the work of the Oversight Board. 

16 (2) TRAVEL EXPENSES.—Each member of the 

17 Oversight Board may receive travel expenses, includ18 ing per diem in lieu of subsistence, in accordance 

19 with sections 5702 and 5703 of title 5, United 

20 States Code. 

21 (l) MEETINGS.—The Oversight Board shall meet at 

22 least once every 90 days. 

23 (m) REPORTS.—The Oversight Board shall report 

24 the findings, conclusions, and recommendations of the 


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1 Oversight Board to the Administrator, the President, and 

2 Congress not less than once per year. 

3 (n) RESPONSE BY THE ADMINISTRATOR.—Not later 

4 than 45 days after the date on which the Oversight Board 

5 submits a report to the Administrator under subsection 

6 (m), the Administrator shall transmit to the Oversight 

7 Board, in writing— 

8 (1) a statement of whether the Administrator 

9 accepts or rejects, in whole or in part, the rec10 ommendations submitted by the Oversight Board; 

11 (2) a description of the actions taken in re12 sponse to the recommendations (or an explanation of 

13 the reasons for not acting on the recommendations); 

14 and 

15 (3) the views of the Administrator on the rec16 ommendations. 

17 (o) PUBLIC AVAILABILITY.—The Administrator shall 

18 make all reports under subsection (m) and all responses 

19 from the Administrator under subsection (n) available to 

20 the public. 

21 (p) EXECUTIVE SECRETARY.—The Oversight Board 

22 shall appoint and fix the compensation of an Executive 

23 Secretary, who shall— 

24 (1) assemble and maintain the reports, records, 

25 and other papers of the Oversight Board; and 


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1 (2) perform such functions as the Oversight 

2 Board shall from time to time assign or delegate to 

3 the Executive Secretary. 

4 (q) ADDITIONAL STAFF.— 

5 (1) APPOINTMENT.—The Oversight Board may 

6 appoint and fix the compensation of such additional 

7 clerical and professional staff as may be necessary to 

8 discharge the responsibilities of the Oversight Board. 

9 (2) LIMITATION.—The Oversight Board may 

10 appoint not more than 10 clerical or professional 

11 staff members under this subsection. 

12 (3) SUPERVISION AND DIRECTION.—The cler13 ical and professional staff of the Oversight Board 

14 shall be under the supervision and direction of the 

15 Executive Secretary. 

16 (r) STAFF COMPENSATION.— 

17 (1) CLERICAL STAFF.—Clerical staff shall be 

18 appointed subject to the provisions of title 5, United 

19 States Code, governing appointments in the competi20 tive service, and shall be paid in accordance with the 

21 provisions of chapter 51 and subchapter III of chap22 ter 53 of such title relating to classification and 

23 General Schedule rates. 

24 (2) PROFESSIONAL STAFF.—Professional staff 

25 members may be appointed without regard to the 


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1 provisions of title 5, United States Code, governing 

2 appointments in the competitive service, and may be 

3 paid without regard to the provisions of chapter 51 

4 and subchapter III of chapter 53 of that title relat5 ing to classification and General Schedule pay rates, 

6 except that no individual so appointed may receive 

7 pay in excess of the maximum rate of pay under the 

8 General Schedule. 

9 (s) ACCESS TO INFORMATION.— 

10 (1) DUTY TO INFORM.—The Administrator 

11 shall keep the Oversight Board fully and currently 

12 informed on all of the activities of the Administra13 tion. 

14 (2) PRODUCTION OF DOCUMENTS.—The Ad15 ministrator shall provide the Oversight Board with 

16 any records, files, papers, data, or information re17 quested by the Oversight Board. 

18 (t) SUPPORT SERVICES.—To the extent permitted by 

19 law and requested by the Oversight Board, the Adminis20 trator of General Services shall provide the Oversight 

21 Board with necessary administrative services, facilities, 

22 and support on a reimbursable basis. 

23 (u) HEALTH, SAFETY, AND ENVIRONMENTAL REGU24 LATION.—Nothing in this section gives the Oversight 

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1 istration to protect the health and safety of the public or 

2 the environment. 

3 (v) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Oversight Board 

5 from amounts in the Nuclear Waste Fund such sums as 

6 are necessary to carry out this section. 

7 SEC. 206. CONFORMING AMENDMENTS. 

8 (a) Section 901(b)(2) of title 31, United States Code, 

9 is amended by adding at the end the following: 

10 ‘‘(H) The Nuclear Waste Administration.’’. 

11 (b) Section 401 of title 5, United States Code, is 

12 amended— 

13 (1) in paragraph (1), by inserting ‘‘the Nuclear 

14 Waste Administration,’’ after ‘‘Export-Import Bank 

15 of the United States,’’; and 

16 (2) in paragraph (3), by inserting ‘‘the Nuclear 

17 Waste Administrator;’’ after ‘‘Export-Import Bank 

18 of the United States;’’. 

19 TITLE III—FUNCTIONS 

20 SEC. 301. TRANSFER OF FUNCTIONS. 

21 There are transferred to and vested in the Adminis22 trator all functions vested in the Secretary by the Nuclear 

23 Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) relat24 ing to— 


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1 (1) the construction and operation of a reposi2 tory and storage facility; 

3 (2) entering into and performing contracts for 

4 the disposal of nuclear waste under section 302(a) of 

5 that Act (42 U.S.C. 10222(a)); 

6 (3) the collection, adjustment, deposition, and 

7 use of fees to offset expenditures for the manage8 ment of nuclear waste; and 

9 (4) the administration of the Nuclear Waste 

10 Fund under section 302(e) of that Act (42 U.S.C. 

11 10222(e)), including the issuance of obligations 

12 under paragraph (5) of that section. 

13 SEC. 302. TRANSFER OF CONTRACTS. 

14 Each contract for the disposal of nuclear waste en15 tered into by the Secretary before the date of enactment 

16 of this Act shall continue in effect according to the terms 

17 of the contract with the Administrator substituted for the 

18 Secretary. 

19 SEC. 303. NUCLEAR WASTE FACILITIES. 

20 (a) IN GENERAL.—In addition to the functions trans21 ferred to the Administrator under section 301, the Admin22 istrator shall, site, construct, and operate— 

23 (1) 1 or more storage facilities for the tem24 porary storage of nuclear waste; and 


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1 (2) 1 or more repositories for the permanent 

2 disposal of nuclear waste. 

3 (b) INTEGRATED WASTE MANAGEMENT.—The Ad4 ministrator shall ensure that efforts to site, construct, and 

5 operate 1 or more storage facilities are accompanied by 

6 parallel efforts to site, construct, and operate 1 or more 

7 repositories. 

8 SEC. 304. SITING NUCLEAR WASTE FACILITIES. 

9 (a) IN GENERAL.—In siting nuclear waste facilities 

10 under this Act or performing any function transferred 

11 under section 301(1), the Administrator shall employ a 

12 process that— 

13 (1) allows affected communities to decide 

14 whether, and on what terms, the affected commu15 nities will host a nuclear waste facility; 

16 (2) is open to the public and allows interested 

17 persons to be heard in a meaningful way; 

18 (3) is flexible and allows decisions to be re19 viewed and modified in response to— 

20 (A) significant, new information; or 

21 (B) significant, new technical, social, or 

22 political developments; and 

23 (4) is based on sound science and meets public 

24 health, safety, and environmental standards. 


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1 (b) YUCCA MOUNTAIN SITE.—In accordance with 

2 subsection (a)(1), the Administrator may not site, con3 struct, or operate a nuclear waste facility at the Yucca 

4 Mountain site unless the Administrator has first entered 

5 into a binding consent agreement with the Governor of 

6 the State of Nevada and the governing body of each af7 fected unit of local government in accordance with section 

8 306(e). 

9 SEC. 305. STORAGE FACILITIES. 

10 (a) ESTABLISHMENT OF STORAGE FACILITY PRO11 GRAM.—In addition to the functions transferred to the Ad12 ministrator in section 301, the Administrator shall estab13 lish a storage program to license, construct, and operate, 

14 through 1 or more non-Federal sector partners, 1 or more 

15 federally or non-federally owned storage facilities to pro16 vide consolidated interim storage for nuclear waste. 

17 (b) PROGRAM FOR THE STORAGE OF NUCLEAR

18 WASTE.— 

19 (1) REQUEST FOR PROPOSALS.— 

20 (A) IN GENERAL.—Not later than 180 

21 days after the date of enactment of this Act, 

22 the Administrator shall issue a request for pro23 posals for cooperative agreements for a facility 

24 for the consolidated interim storage of nuclear 

25 waste— 


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1 (i) to obtain any license from the Nu2 clear Regulatory Commission and any 

3 other Federal or State entity that is nec4 essary for the construction of 1 or more 

5 storage facilities; 

6 (ii) to provide for the safe transpor7 tation of spent nuclear fuel and high-level 

8 radioactive waste, as applicable; and 

9 (iii) to provide for the safe storage of 

10 spent nuclear fuel and high-level radio11 active waste, as applicable, at the 1 or 

12 more storage facilities, pending the con13 struction and operation of deep geologic 

14 disposal capacity for the permanent dis15 posal of the spent nuclear fuel or high-level 

16 radioactive waste. 

17 (B) GUIDELINES.— 

18 (i) IN GENERAL.—The request for 

19 proposals under subparagraph (A) shall in20 clude general guidelines for the consider21 ation of proposed sites for storage facilities 

22 consistent with each requirement of section 

23 112(a) of the Nuclear Waste Policy Act of 

24 1982 (42 U.S.C. 10132(a)), that the AdVerDate Sep 11 2014 04:36 Oct 08, 2024 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H9786.IH H9786

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1 ministrator determines to be applicable to 

2 storage. 

3 (ii) REVISIONS.—The Administrator 

4 may revise the general guidelines from 

5 time to time, consistent with this section. 

6 (2) REVIEWS OF PROPOSALS.— 

7 (A) IN GENERAL.—The Administrator 

8 shall review each proposal submitted under 

9 paragraph (1) to evaluate— 

10 (i) the extent to which the applicable 

11 States, affected units of general local gov12 ernment, and affected Indian Tribes sup13 port the proposal; 

14 (ii) the likelihood that the proposed 

15 site is suitable for site characterization 

16 under the guidelines under paragraph 

17 (1)(B); 

18 (iii) a reasonable comparative evalua19 tion of the proposed site and other pro20 posed sites; 

21 (iv) the extent to which nuclear waste 

22 is, or is planned to be, stored or disposed 

23 of within the State; 

24 (v) the extent to which each proposal 

25 would— 


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1 (I) enhance the reliability and 

2 flexibility of the system for the stor3 age of nuclear waste; and 

4 (II) minimize the impacts of 

5 transportation and handling of nu6 clear waste; 

7 (vi) potential conflicts with— 

8 (I) a compliance agreement re9 quiring removal of nuclear waste from 

10 a site; or 

11 (II) a statutory prohibition on 

12 the storage or disposal of nuclear 

13 waste at a site; and 

14 (vii) any other criteria, including cri15 teria relating to technical or safety speci16 fications, that the Administrator deter17 mines to be appropriate. 

18 (B) PREFERENCE FOR SITES WILLING TO

19 HOST A CO-LOCATED REPOSITORY AND STOR20 AGE FACILITY.—In reviewing proposals sub21 mitted under paragraph (1), the Administrator 

22 shall give preference to sites proposed to host a 

23 storage facility and a co-located repository. 

24 (3) SITE CHARACTERIZATION.— 


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1 (A) DETERMINATION OF SUITABILITY.— 

2 After conducting a review under paragraph (2) 

3 and any additional site investigation that the 

4 Administrator determines to be appropriate, the 

5 Administrator shall determine whether the site 

6 is suitable for site characterization. 

7 (B) SELECTION OF SITE FOR CHARACTER8 IZATION.—From the sites determined to be 

9 suitable for site characterization under subpara10 graph (A), the Administrator shall select at 

11 least 1 site for site characterization, giving pri12 ority to sites that have been proposed to be co13 located with a permanent geological repository, 

14 after— 

15 (i) holding public hearings in the vi16 cinity of each site and at least 1 other lo17 cation within the State in which the site is 

18 located; and 

19 (ii) notifying Congress and the pro20 spective host State. 

21 (C) COOPERATIVE AGREEMENT.—On selec22 tion of a site for characterization under sub23 paragraph (B), the Administrator may enter 

24 into a cooperative agreement, subject to section 

25 401(e), with the State, affected units of general 


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•HR 9786 IH

1 local government, and affected Indian Tribes, 

2 as applicable, that includes— 

3 (i) terms of financial and technical as4 sistance to enable each applicable unit of 

5 government to monitor, review, evaluate, 

6 comment on, obtain information on, make 

7 recommendations on, and mitigate any im8 pacts from, site characterization activities; 

9 and 

10 (ii) any other term that the Adminis11 trator determines to be appropriate. 

12 (4) SITE SELECTION.— 

13 (A) IN GENERAL.—Subject to subpara14 graphs (B) and (C), on completion of site char15 acterization activities, the Administrator shall— 

16 (i) make a final determination for 

17 each site of whether the site is suitable for 

18 development as a storage facility; and 

19 (ii) select 1 or more suitable sites for 

20 storage facilities. 

21 (B) CONSENT-BASED APPROVAL.—Before 

22 selecting a site for developing a storage facility, 

23 the Administrator shall enter into a consent 

24 agreement, subject to section 401(e), to host 

25 the facility with— 


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•HR 9786 IH

1 (i) the Governor or other authorized 

2 official of the State in which the site is 

3 proposed to be located; 

4 (ii) each affected unit of general local 

5 government; and 

6 (iii) any affected Indian Tribe. 

7 (C) BINDING EFFECT.—The consent 

8 agreement— 

9 (i) shall be binding on the parties, 

10 subject to section 401(e); and 

11 (ii) shall not be amended or revoked 

12 except by mutual agreement of the parties. 

13 (5) SUBMISSION OF PROGRAM PLAN.—Not less 

14 than 30 days before selecting a site for development 

15 of a storage facility under paragraph (4), the Ad16 ministrator shall submit to Congress a program plan 

17 that includes— 

18 (A) a list of the 1 or more sites the Ad19 ministrator proposes to select for a storage fa20 cility; 

21 (B) an estimate of the cost of licensing, 

22 constructing, and operating each storage facil23 ity, including the transportation costs, on an 

24 annual basis, over the expected lifetime of the 

25 storage facility; 


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•HR 9786 IH

1 (C) a schedule for— 

2 (i) obtaining from the Nuclear Regu3 latory Commission any license necessary to 

4 construct and operate the storage facility; 

5 (ii) constructing the storage facility; 

6 (iii) transporting nuclear waste to the 

7 storage facility; and 

8 (iv) removing the nuclear waste from, 

9 and decommissioning of, the storage facil10 ity; 

11 (D) an estimate of the cost of any financial 

12 assistance, compensation, or incentives proposed 

13 to be paid to the host State, Indian Tribe, or 

14 unit of local government; 

15 (E) an estimate of any future reductions in 

16 the damages expected to be paid by the United 

17 States for the delay of the Department of En18 ergy in accepting spent fuel expected to result 

19 from the storage facilities developed under this 

20 section; and 

21 (F) recommendations for any additional 

22 legislation needed to authorize and implement 

23 the program. 

24 (6) SUBMISSION OF LICENSE APPLICATION.— 

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1 plicant (in the case of a non-Federal facility) or the 

2 Administrator (in the case of a federally owned facil3 ity) shall submit to the Commission an application 

4 for a construction authorization for the storage facil5 ity. 

6 (7) PRIORITY.—In providing storage under this 

7 section, the Administrator shall accept priority waste 

8 for storage first. The Administrator shall prioritize 

9 accepting such priority waste in the following order: 

10 (A) Emergency deliveries. 

11 (B) Priority waste described in section 

12 103(20)(B) that is located in an area in which 

13 the continued storage of the spent nuclear fuel 

14 presents a high level of risk to national security 

15 or public safety, as determined by the Adminis16 trator. 

17 (C) Priority waste described in section 

18 103(20)(C) that is determined to present a low 

19 level of risk to national security or public safe20 ty, as determined by the Administrator. 

21 SEC. 306. REPOSITORIES. 

22 (a) SITING GUIDELINES.— 

23 (1) ISSUANCE.—Not later than 1 year after the 

24 date of enactment of this Act, the Administrator 


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1 shall issue general guidelines for the consideration of 

2 candidate sites for repositories, which shall— 

3 (A) update the guidelines issued under sec4 tion 112(a) of the Nuclear Waste Policy Act of 

5 1982 (42 U.S.C. 10132(a)); 

6 (B) comply with any applicable require7 ments of that section; and 

8 (C) require the Administrator to take into 

9 account the extent to which a repository 

10 would— 

11 (i) enhance the reliability and flexi12 bility of the system for the disposal of nu13 clear waste; and 

14 (ii) minimize the impacts of transpor15 tation and handling of nuclear waste. 

16 (2) REVISIONS.—The Administrator may revise 

17 the guidelines in a manner consistent with this sub18 section and section 112(a) of the Nuclear Waste 

19 Policy Act of 1982 (42 U.S.C. 10132(a)). 

20 (b) IDENTIFICATION OF CANDIDATE SITES.— 

21 (1) REVIEW OF CANDIDATE SITES.—As soon as 

22 practicable after the date of the issuance of the 

23 guidelines under subsection (a), the Administrator 

24 shall evaluate candidate sites for a repository to deVerDate Sep 11 2014 04:36 Oct 08, 2024 Jkt 059200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H9786.IH H9786

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1 termine whether the sites are suitable for site char2 acterization. 

3 (2) SITES ELIGIBLE FOR REVIEW.—The Admin4 istrator shall select sites for evaluation under para5 graph (1) from among sites recommended by— 

6 (A) the Governor or other authorized offi7 cial of the State in which the site is located; 

8 (B) the governing body of the affected unit 

9 of general local government; 

10 (C) the governing body of an Indian Tribe 

11 within the reservation boundaries of which the 

12 site is located; or 

13 (D) the Administrator, after consultation 

14 with, and with the consent of— 

15 (i) the Governor of the State in which 

16 the site is located; 

17 (ii) the governing body of the affected 

18 unit of general local government; and 

19 (iii) the governing body of the Indian 

20 Tribe, if the site is located within the res21 ervation of an Indian Tribe. 

22 (3) SITE INVESTIGATIONS.—In evaluating a site 

23 under this subsection prior to any determination of 

24 the suitability of the site for site characterization, 

25 the Administrator— 


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•HR 9786 IH

1 (A) shall use available geophysical, geologi2 cal, geochemical, hydrological, and other infor3 mation; and 

4 (B) shall not perform any preliminary bor5 ings or excavations at the site unless necessary 

6 to determine the suitability of the site and au7 thorized by the landowner. 

8 (4) DETERMINATION OF SUITABILITY.—The 

9 Administrator shall determine whether a site is suit10 able for site characterization based on an environ11 mental analysis of the site, which shall include— 

12 (A) an evaluation by the Administrator of 

13 whether the site is suitable for development as 

14 a repository under the guidelines established 

15 under subsection (a), including a preliminary 

16 safety case that describes the site features and 

17 available information that contribute to con18 fidence in the suitability and safety of the pro19 posed site for a nuclear waste facility; 

20 (B) an evaluation by the Administrator of 

21 the effects of site characterization activities on 

22 public health and safety and the environment; 

23 (C) a reasonable comparative evaluation of 

24 the proposed site and other proposed sites; 


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•HR 9786 IH

1 (D) a description of the decision process by 

2 which the site was recommended; 

3 (E) an assessment of the regional and local 

4 impacts of locating a repository at the site, in5 cluding the extent to which nuclear waste is, or 

6 is planned to be, stored or disposed of within 

7 the State; and 

8 (F) potential conflicts with— 

9 (i) a compliance agreement requiring 

10 removal of nuclear waste from a site; or 

11 (ii) a statutory prohibition on the 

12 storage or disposal of nuclear waste at a 

13 site. 

14 (c) SITE CHARACTERIZATION.— 

15 (1) SELECTION OF SITES.—From among the 

16 sites determined to be suitable for site characteriza17 tion under subsection (b), the Administrator shall 

18 select at least 1 site for site characterization as a re19 pository. 

20 (2) PREFERENCE FOR CO-LOCATED REPOSI21 TORY AND STORAGE FACILITY.—In selecting sites 

22 for site characterization as a repository, the Admin23 istrator shall give preference and priority to sites de24 termined to be suitable for co-location of a storage 

25 facility and a repository. 


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1 (3) PUBLIC HEARINGS.—Before selecting a site 

2 for site characterization, the Administrator shall— 

3 (A) hold public hearings in the vicinity of 

4 the site and at least 1 other location within the 

5 State in which the site is located— 

6 (i) to inform the public of the pro7 posed site characterization; 

8 (ii) to solicit public comments and rec9 ommendations with respect to the proposed 

10 site characterization; and 

11 (iii) to increase stakeholder engage12 ment; and 

13 (B) notify Congress. 

14 (4) CONSULTATION AND COOPERATION AGREE15 MENT.— 

16 (A) REQUIREMENT.—Before selecting a 

17 site for site characterization, the Administrator 

18 shall enter into a consultation and cooperation 

19 agreement, subject to section 401(e), with— 

20 (i) the Governor of the State in which 

21 the site is located; 

22 (ii) the governing body of the affected 

23 unit of general local government; and 

24 (iii) the governing body of any af25 fected Indian Tribe. 


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1 (B) CONTENTS.—The consultation and co2 operation agreement shall— 

3 (i) provide compensation to the State, 

4 any affected units of local government, and 

5 any affected Indian Tribes for any adverse 

6 economic, social, public health and safety, 

7 and environmental impacts associated with 

8 site characterization; 

9 (ii) provide financial and technical as10 sistance to enable the State, affected units 

11 of local government, and affected Indian 

12 Tribes to monitor, review, evaluate, com13 ment on, obtain information on, make rec14 ommendations on, and mitigate any im15 pacts from site characterization activities; 

16 and 

17 (iii) include any other term or condi18 tion that the Administrator determines to 

19 be appropriate. 

20 (d) FINAL SITE SUITABILITY DETERMINATION.— 

21 (1) DETERMINATION REQUIRED.—On comple22 tion of site characterization activities, the Adminis23 trator shall make a final determination of whether a 

24 candidate site is suitable for development as a repos25 itory. 


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1 (2) BASIS OF DETERMINATION.—In making a 

2 determination under paragraph (1), the Adminis3 trator shall determine if— 

4 (A) the site is scientifically and technically 

5 suitable for development as a repository, taking 

6 into account— 

7 (i) whether the site meets the siting 

8 guidelines of the Administrator; and 

9 (ii) whether there is reasonable assur10 ance that a repository at the site will 

11 meet— 

12 (I) the radiation protection 

13 standards of the Administrator of the 

14 Environmental Protection Agency; 

15 and 

16 (II) the licensing standards of 

17 the Commission; and 

18 (B) development of a repository at the site 

19 is in the national interest. 

20 (3) PUBLIC HEARINGS.—Before making a final 

21 determination under paragraph (1), the Adminis22 trator shall hold public hearings in the vicinity of 

23 the site and at least 1 other location within the 

24 State in which the site is located to solicit public 


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1 comments and recommendations on the proposed de2 termination. 

3 (e) CONSENT AGREEMENTS.— 

4 (1) REQUIREMENT.—On making a final deter5 mination of site suitability under subsection (d), but 

6 before submitting a license application to the Com7 mission under subsection (f), the Administrator shall 

8 enter into a consent agreement, subject to section 

9 401(e), with— 

10 (A) the Governor or other authorized offi11 cial of the State in which the site is located; 

12 (B) the governing body of the affected unit 

13 of general local government; and 

14 (C) if the site is located on a reservation, 

15 the governing body of the affected Indian Tribe. 

16 (2) CONTENTS.—The consent agreement 

17 shall— 

18 (A) contain the terms and conditions on 

19 which each State, local government, and Indian 

20 Tribe, as applicable, consents to host the repos21 itory; and 

22 (B) express the consent of each State, local 

23 government, and Indian Tribe to host the re24 pository. 


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1 (3) TERMS AND CONDITIONS.—The terms and 

2 conditions under paragraph (2)(A)— 

3 (A) shall promote the economic and social 

4 well-being of the people living in the vicinity of 

5 the repository; and 

6 (B) may include— 

7 (i) financial compensation and incen8 tives; 

9 (ii) economic development assistance; 

10 (iii) operational limitations or require11 ments; and 

12 (iv) regulatory or other oversight au13 thority, to the extent permitted by law. 

14 (4) BINDING EFFECT.—The consent agree15 ment— 

16 (A) shall be binding on the parties, subject 

17 to section 401(e); and 

18 (B) shall not be amended or revoked ex19 cept by mutual agreement of the parties. 

20 (f) SUBMISSION OF LICENSE APPLICATION.—On de21 termining that a site is suitable under subsection (d) and 

22 ratification of a consent agreement under subsection (e), 

23 the Administrator shall submit to the Commission an ap24 plication for a construction authorization for the reposi25 tory. 


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1 SEC. 307. UPDATED STANDARDS AND CRITERIA. 

2 Not later than 1 year after the date of enactment 

3 of this Act— 

4 (1) the Administrator of the Environmental 

5 Protection Agency shall, by rule, promulgate up6 dated, generally applicable standards for protection 

7 of the general environment from offsite releases 

8 from radioactive material in repositories, including 

9 updates to the standards promulgated under section 

10 121(a) of the Nuclear Waste Policy Act of 1982 (42 

11 U.S.C. 10141(a)); and 

12 (2) the Commission shall, by rule, promulgate 

13 updated criteria and requirements described in sec14 tion 121(b) of that Act (42 U.S.C. 10141(b)). 

15 SEC. 308. LICENSING NUCLEAR WASTE FACILITIES. 

16 The construction and operation of a storage facility 

17 or repository under this Act shall be subject to— 

18 (1) all applicable standards for the protection of 

19 the general environment from offsite releases of ra20 dioactive material; 

21 (2) the licensing and regulatory jurisdiction of 

22 the Commission, including all applicable criteria and 

23 requirements promulgated by the Commission under 

24 section 121(b) of the Nuclear Waste Policy Act of 

25 1982 (42 U.S.C. 10141(b)); and 


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1 (3) the terms and conditions of each consent 

2 agreement entered into under section 305(b)(4) or 

3 section 306(e). 

4 SEC. 309. DEFENSE WASTE. 

5 (a) DISPOSAL AND STORAGE BY ADMINISTRATION.— 

6 The Secretary— 

7 (1) shall arrange for the Administrator to dis8 pose of defense waste in a repository developed 

9 under this Act; and 

10 (2) may arrange for the Administrator to store 

11 defense waste in storage facilities developed under 

12 this Act pending disposal in a repository. 

13 (b) MEMORANDUM OF AGREEMENT.—The arrange14 ments shall be covered by a memorandum of agreement 

15 between the Secretary and the Administrator. 

16 (c) COSTS.—The portion of the cost of developing, 

17 constructing, and operating the repository or storage fa18 cilities under this Act that is attributable to defense waste 

19 shall be allocated to the Federal Government and paid by 

20 the Federal Government into the Working Capital Fund. 

21 (d) PROHIBITION.—No defense waste may be stored 

22 or disposed of by the Administrator in any storage facility 

23 or repository constructed under this Act until funds are 

24 appropriated to the Working Capital Fund in an amount 

25 equal to the fees that would be paid by contract holders 


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1 under section 302 of the Nuclear Waste Policy Act of 

2 1982 (42 U.S.C. 10222) if such nuclear waste were gen3 erated by a contract holder. 

4 (e) COMMINGLING DETERMINATION.— 

5 (1) REEVALUATION.—Notwithstanding section 

6 8 of the Nuclear Waste Policy Act of 1982 (42 

7 U.S.C. 10107), the Secretary may reevaluate the de8 cision to commingle defense waste with nuclear 

9 waste from civilian nuclear power reactors. 

10 (2) NOTIFICATION.—Not later than 1 year 

11 after the date of enactment of this Act, the Sec12 retary shall notify the President and the appropriate 

13 committees of Congress of whether the Secretary in14 tends to reevaluate the decision under paragraph (1) 

15 and the reasons for that intention. 

16 (3) SEPARATE NUCLEAR WASTE FACILITIES.— 

17 If the Secretary finds, after conducting the reevalua18 tion under paragraph (1), that the development of 

19 separate nuclear waste facilities for the storage or 

20 disposal of defense waste is necessary or appropriate 

21 for the efficient management of defense waste, the 

22 Administrator may, with the concurrence of the 

23 President, site, construct, and operate 1 or more 

24 separate nuclear waste facilities for the storage or 

25 disposal of defense waste— 


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1 (A) in the manner described in section 

2 305, in the case of storage; or 

3 (B) in the manner described in section 

4 306, in the case of disposal. 

5 SEC. 310. TRANSPORTATION. 

6 (a) IN GENERAL.—The Administrator may trans7 port, subject to compliance with all applicable require8 ments of the Department of Transportation and the Com9 mission, and shall be responsible for transporting, nuclear 

10 waste— 

11 (1) from the site of a contract holder to a stor12 age facility or repository; 

13 (2) from a Department of Energy site to a stor14 age facility or repository; 

15 (3) from a storage facility to a repository; and 

16 (4) in the case of defense waste, from a Depart17 ment of Energy site to a repository. 

18 (b) CERTIFIED PACKAGES.—No nuclear waste may 

19 be transported under this Act except in packages— 

20 (1) the design of which has been certified by 

21 the Commission; and 

22 (2) that have been determined by the Commis23 sion to satisfy the quality assurance requirements of 

24 the Commission. 


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1 (c) NOTIFICATION.—Prior to any transportation of 

2 nuclear waste under this Act, the Administrator shall pro3 vide advance notification to States and Indian Tribes 

4 through whose jurisdiction the Administrator plans to 

5 transport the nuclear waste. 

6 (d) TRANSPORTATION ASSISTANCE.— 

7 (1) PUBLIC EDUCATION.—The Administrator 

8 shall conduct a program to provide information to 

9 the public about the transportation of nuclear waste. 

10 (2) TRAINING.— 

11 (A) IN GENERAL.—The Administrator 

12 shall provide financial and technical assistance 

13 to States and Indian Tribes through whose ju14 risdiction the Administrator plans to transport 

15 nuclear waste to train public safety officials and 

16 other emergency responders on— 

17 (i) procedures required for the safe, 

18 routine transportation of nuclear waste; 

19 and 

20 (ii) procedures for dealing with emer21 gency response situations involving nuclear 

22 waste, including instruction of— 

23 (I) government and Tribal offi24 cials and public safety officers in com25 mand and control procedures; 


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1 (II) emergency response per2 sonnel; and 

3 (III) radiological protection and 

4 emergency medical personnel. 

5 (B) TIMING.—The Administrator shall 

6 provide financial and technical assistance to a 

7 State or Indian Tribe under subparagraph (A) 

8 at least 5 years before the anticipated date on 

9 which the transport of nuclear waste through 

10 the jurisdiction of the State or Indian Tribe is 

11 to begin. 

12 (3) EQUIPMENT.—The Administrator shall pro13 vide monetary grants and contributions in-kind to 

14 assist States and Indian Tribes through whose juris15 diction the Administrator plans to transport nuclear 

16 waste for the purpose of acquiring equipment for re17 sponding to a transportation incident involving nu18 clear waste. 

19 (4) TRANSPORTATION SAFETY PROGRAMS.— 

20 The Administrator shall provide in-kind, financial, 

21 technical, and other appropriate assistance to States 

22 and Indian Tribes through whose jurisdiction the 

23 Administrator plans to transport nuclear waste for 

24 transportation safety programs related to shipments 

25 of nuclear waste. 


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1 TITLE IV—FUNDING AND LEGAL 

2 PROCEEDINGS 

3 SEC. 401. WORKING CAPITAL FUND. 

4 (a) ESTABLISHMENT.—There is established in the 

5 Treasury a separate fund, to be known as the ‘‘Nuclear 

6 Waste Administration Working Capital Fund’’, which 

7 shall be separate from the Nuclear Waste Fund. 

8 (b) CONTENTS.—The Working Capital Fund shall 

9 consist of— 

10 (1) all fees paid by contract holders pursuant to 

11 section 302(a) of the Nuclear Waste Policy Act of 

12 1982 (42 U.S.C. 10222(a)) on or after the date of 

13 enactment of this Act, which shall be paid into the 

14 Working Capital Fund— 

15 (A) notwithstanding section 302(c)(1) of 

16 the Nuclear Waste Policy Act of 1982 (42 

17 U.S.C. 10222(c)(1)); and 

18 (B) immediately on the payment of the 

19 fees; 

20 (2) any appropriations made by Congress to 

21 pay the share of the cost of the program established 

22 under this Act attributable to defense waste; and 

23 (3) interest paid on— 

24 (A) the unexpended balance of the Work25 ing Capital Fund under subsection (g); and 


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1 (B) the unexpended balance of the Nuclear 

2 Waste Fund pursuant to section 402(b). 

3 (c) AVAILABILITY.—All funds deposited in the Work4 ing Capital Fund— 

5 (1) shall be immediately available to the Admin6 istrator to carry out the functions of the Adminis7 trator, except to the extent limited in annual author8 ization or appropriation Acts; 

9 (2) shall remain available until expended; and 

10 (3) shall not be subject to apportionment under 

11 subchapter II of chapter 15 of title 31, United 

12 States Code. 

13 (d) USE OF FUND.—Except to the extent limited in 

14 annual authorization or appropriation Acts, the Adminis15 trator may make expenditures from the Working Capital 

16 Fund only for purposes of carrying out functions author17 ized by this Act. 

18 (e) CONTRACT AUTHORITY.—Any contract or agree19 ment that authorizes an expenditure or obligation exceed20 ing an amount available in the Working Capital Fund for 

21 the expenditure or obligation (including any cooperative 

22 agreement, consultation and cooperation agreement, or 

23 consent agreement under section 305 or 306) shall be sub24 ject to appropriation. 


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1 (f) PERFORMANCE-BASED FUNDING.—No fees paid 

2 by contract holders pursuant to section 302(a) of the Nu3 clear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) shall 

4 be paid into the Working Capital Fund after December 

5 31, 2037, unless the Administrator is operating a nuclear 

6 waste facility by that date. 

7 (g) UNEXPENDED BALANCE.—If the Administrator 

8 determines that the Working Capital Fund contains at 

9 any time amounts in excess of current needs, the Adminis10 trator may request the Secretary of the Treasury to invest 

11 such amounts, or any portion of such amounts as the Ad12 ministrator determines to be appropriate, in obligations of 

13 the United States in accordance with section 302(e)(3) of 

14 the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

15 10222(e)(3)). 

16 (h) BUDGET.—The Administrator shall submit the 

17 budget of the Working Capital Fund, along with the budg18 et of the Nuclear Waste Fund pursuant to section 

19 302(e)(2) of the Nuclear Waste Policy Act of 1982 (42 

20 U.S.C. 10222(e)(2)), to the Office of Management and 

21 Budget in accordance with chapter 11 of title 31, United 

22 States Code, and both budgets shall be included in the 

23 Budget of the United States Government. 


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1 SEC. 402. NUCLEAR WASTE FUND. 

2 (a) ELIMINATION OF LEGISLATIVE VETO.—Section 

3 302(a)(4) of the Nuclear Waste Policy Act of 1982 (42 

4 U.S.C. 10222(a)(4)) is amended— 

5 (1) in the third sentence, by striking ‘‘insure’’ 

6 and inserting ‘‘ensure’’; and 

7 (2) in the fifth sentence by striking ‘‘such 

8 transmittal unless’’ and all that follows through the 

9 period at the end and inserting ‘‘that transmission.’’. 

10 (b) INTEREST ON UNEXPENDED BALANCE.—Not11 withstanding section 302 of the Nuclear Waste Policy Act 

12 of 1982 (42 U.S.C. 10222), interest accruing on or after 

13 the date of enactment of this Act on the unexpended bal14 ance of the Nuclear Waste Fund shall be deposited in the 

15 Working Capital Fund in accordance with section 401(b) 

16 and made available to the Administrator under section 

17 401(c). 

18 SEC. 403. FULL COST RECOVERY. 

19 In determining whether insufficient or excess reve20 nues are being collected to ensure full cost recovery under 

21 section 302(a)(4) of the Nuclear Waste Policy Act of 1982 

22 (42 U.S.C. 10222(a)(4)), the Administrator shall— 

23 (1) assume that sufficient funds will be appro24 priated to the Nuclear Waste Fund to cover the 

25 costs attributable to disposal of defense waste; and 


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1 (2) take into account the additional costs re2 sulting from the enactment of this Act. 

3 SEC. 404. JUDICIAL REVIEW. 

4 (a) JURISDICTION.— 

5 (1) COURTS OF APPEALS.—Except for review in 

6 the Supreme Court, a court of appeals of the United 

7 States shall have original and exclusive jurisdiction 

8 over any civil action— 

9 (A) for review of any final decision or ac10 tion of the Administrator or the Commission 

11 under this Act; 

12 (B) alleging the failure of the Adminis13 trator or the Commission to make any decision, 

14 or take any action, required under this Act; 

15 (C) challenging the constitutionality of any 

16 decision made, or action taken, under this Act; 

17 or 

18 (D) for review of any environmental as19 sessment or environmental impact statement 

20 prepared pursuant to the National Environ21 mental Policy Act of 1969 (42 U.S.C. 4321 et 

22 seq.) with respect to any action under this Act, 

23 or alleging a failure to prepare any such assess24 ment or statement with respect to any such ac25 tion. 


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1 (2) VENUE.—The venue of any proceeding 

2 under this section shall be in— 

3 (A) the judicial circuit in which the peti4 tioner involved resides or has the principal of5 fice of the petitioner; or 

6 (B) the United States Court of Appeals for 

7 the District of Columbia Circuit. 

8 (b) DEADLINE FOR COMMENCING ACTION.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), a civil action for judicial review described 

11 in subsection (a)(1) may be brought not later than 

12 the date that is 180 days after the date of the deci13 sion or action or failure to act involved. 

14 (2) NO KNOWLEDGE OF DECISION OR AC15 TION.—If a party shows that the party did not know 

16 of the decision or action complained of (or of the 

17 failure to act) and that a reasonable person acting 

18 under the circumstances would not have known, the 

19 party may bring a civil action not later than 180 

20 days after the date the party acquired actual or con21 structive knowledge of the decision, action, or failure 

22 to act. 

23 SEC. 405. LITIGATION AUTHORITY. 

24 (a) SUPERVISION BY ATTORNEY GENERAL.—The liti25 gation of the Administration shall be subject to the superVerDate Sep 11 2014 04:36 Oct 08, 2024 Jkt 059200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H9786.IH H9786

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1 vision of the Attorney General pursuant to chapter 31 of 

2 title 28, United States Code. 

3 (b) ATTORNEYS OF ADMINISTRATION.—The Attor4 ney General may authorize any attorney of the Adminis5 tration to conduct any civil litigation of the Administration 

6 in any Federal court, except the Supreme Court. 

7 SEC. 406. LIABILITIES. 

8 (a) PENDING LEGAL PROCEEDINGS.—Any suit, 

9 cause of action, or judicial proceeding commenced by or 

10 against the Secretary relating to functions or contracts 

11 transferred to the Administrator by this Act shall— 

12 (1) not abate by reason of the enactment of this 

13 Act; and 

14 (2) continue in effect with the Administrator 

15 substituted for the Secretary. 

16 (b) SETTLEMENT OF PENDING LITIGATION; CON17 TRACT MODIFICATION.— 

18 (1) SETTLEMENT.—The Attorney General, in 

19 consultation with the Administrator, shall seek to 

20 settle all claims against the United States by a con21 tract holder for the breach of a contract for the dis22 posal of nuclear waste under section 302(a) of the 

23 Nuclear Waste Policy Act of 1982 (42 U.S.C. 

24 10222(a)) as a condition precedent of an agreement 

25 of the Administrator to take title to and store the 


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1 nuclear waste of the contract holder at a storage fa2 cility. 

3 (2) CONTRACT MODIFICATION.—The Adminis4 trator shall seek to modify contracts entered into 

5 under section 302(a) of the Nuclear Waste Policy 

6 Act of 1982 (42 U.S.C. 10222(a)) in accordance 

7 with the settlement under paragraph (1). 

8 (c) PAYMENT OF JUDGMENTS AND SETTLEMENTS.— 

9 Payment of judgments and settlements in cases arising 

10 from the failure of the Secretary to meet the deadline of 

11 January 31, 1998, to begin to dispose of nuclear waste 

12 under contracts entered into under section 302(a)(1) of 

13 the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

14 10222(a)(1)) shall continue to be paid from the perma15 nent judgment appropriation established pursuant to sec16 tion 1304 of title 31, United States Code. 

17 (d) NEW CONTRACTS.—Notwithstanding section 

18 302(a)(5) of the Nuclear Waste Policy Act of 1982 (42 

19 U.S.C. 10222(a)(5)), the Administrator shall not enter 

20 into any contract after the date of enactment of this Act 

21 that obligates the Administrator to begin disposing of nu22 clear waste before the Commission has licensed the Ad23 ministrator to operate a repository or storage facility. 

24 (e) NUCLEAR INDEMNIFICATION.— 


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1 (1) INDEMNIFICATION AGREEMENTS.—For pur2 poses of section 170 of the Atomic Energy Act of 

3 1954 (42 U.S.C. 2210) (commonly known as the 

4 ‘‘Price-Anderson Act’’)— 

5 (A) any person that conducts nuclear 

6 waste activities under a contract with the Ad7 ministrator that may involve the risk of public 

8 liability shall be treated as a contractor of the 

9 Secretary; and 

10 (B) the Secretary shall enter into an 

11 agreement of indemnification with any person 

12 described in subparagraph (A). 

13 (2) CONFORMING AMENDMENT.—Section 11 ff. 

14 of the Atomic Energy Act of 1954 (42 U.S.C. 

15 2014(ff)) is amended by inserting ‘‘or the Nuclear 

16 Waste Administration’’ after ‘‘Secretary of Energy’’. 

17 TITLE V—ADMINISTRATIVE AND 

18 SAVINGS PROVISIONS 

19 SEC. 501. ADMINISTRATIVE POWERS OF ADMINISTRATOR. 

20 The Administrator shall have the power— 

21 (1) to perform the functions of the Secretary 

22 transferred to the Administrator pursuant to this 

23 Act; 

24 (2) to enter into contracts with any person who 

25 generates or holds title to nuclear waste generated 


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1 in a civilian nuclear power reactor for the acceptance 

2 of title, subsequent transportation, storage, and dis3 posal of the nuclear waste; 

4 (3) to enter into and perform contracts, leases, 

5 and cooperative agreements with public agencies, 

6 private organizations, Federal agencies, the National 

7 Laboratories of the Department of Energy, and per8 sons necessary or appropriate to carry out the func9 tions of the Administrator; 

10 (4) to acquire, in the name of the United 

11 States, real estate for the construction, operation, 

12 and decommissioning of nuclear waste facilities; 

13 (5) to obtain from the Administrator of General 

14 Services the services the Administrator of General 

15 Services is authorized to provide agencies of the 

16 United States, on the same basis as those services 

17 are provided to other agencies of the United States; 

18 (6) to conduct nongeneric research, develop19 ment, and demonstration activities necessary or ap20 propriate to carrying out the functions of the Ad21 ministrator; and 

22 (7) to make such rules and regulations, not in23 consistent with this Act, as may be necessary to 

24 carry out the functions of the Administrator. 


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1 SEC. 502. PERSONNEL. 

2 (a) OFFICERS AND EMPLOYEES.— 

3 (1) APPOINTMENT.—In addition to the senior 

4 officers described in section 203, the Administrator 

5 may appoint and fix the compensation of such offi6 cers and employees as may be necessary to carry out 

7 the functions of the Administration. 

8 (2) COMPENSATION.—Except as provided in 

9 paragraph (3), officers and employees appointed 

10 under this subsection shall be appointed in accord11 ance with the civil service laws and the compensation 

12 of the officers and employees shall be fixed in ac13 cordance with title 5, United States Code. 

14 (3) EXCEPTION.—Notwithstanding paragraph 

15 (2), the Administrator may, to the extent the Ad16 ministrator determines necessary to discharge the 

17 responsibilities of the Administrator— 

18 (A) appoint exceptionally well qualified in19 dividuals to scientific, engineering, or other crit20 ical positions without regard to the provisions 

21 of chapter 33 of title 5, United States Code, 

22 governing appointments in the competitive serv23 ice; and 

24 (B) fix the basic pay of any individual ap25 pointed under subparagraph (A) at a rate of 

26 not more than level I of the Executive Schedule 


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1 without regard to the civil service laws, except 

2 that the total annual compensation of the indi3 vidual shall be at a rate of not more than the 

4 highest total annual compensation payable 

5 under section 104 of title 3, United States 

6 Code. 

7 (4) MERIT PRINCIPLES.—The Administrator 

8 shall ensure that the exercise of the authority grant9 ed under paragraph (3) is consistent with the merit 

10 principles of section 2301 of title 5, United States 

11 Code. 

12 (b) EXPERTS AND CONSULTANTS.—The Adminis13 trator may obtain the temporary or intermittent services 

14 of experts or consultants as authorized by section 3109 

15 of title 5, United States Code. 

16 (c) ADVISORY COMMITTEES.— 

17 (1) ESTABLISHMENT.—The Administrator may 

18 establish, in accordance with chapter 10 of title 5, 

19 United States Code (commonly referred to as the 

20 ‘‘Federal Advisory Committee Act’’), such advisory 

21 committees as the Administrator may consider ap22 propriate to assist in the performance of the func23 tions of the Administrator. 

24 (2) COMPENSATION.—A member of an advisory 

25 committee, other than a full-time employee of the 


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1 Federal Government, may be allowed travel ex2 penses, including per diem in lieu of subsistence, as 

3 authorized by section 5703 of title 5, United States 

4 Code, for individuals in the Government service 

5 without pay, while attending meetings of the advi6 sory committee or otherwise serving away from the 

7 homes or regular place of business of the member at 

8 the request of the Administrator. 

9 SEC. 503. OFFICES. 

10 (a) PRINCIPAL OFFICE.—The principal office of the 

11 Administration shall be in or near the District of Colum12 bia. 

13 (b) FIELD OFFICES.—The Administrator may main14 tain such field offices as the Administrator considers nec15 essary to carry out the functions of the Administrator. 

16 SEC. 504. MISSION PLAN. 

17 (a) IN GENERAL.—The Administrator shall prepare 

18 a mission plan, which shall— 

19 (1) provide an informational basis sufficient to 

20 permit informed decisions to be made in carrying 

21 out the functions of the Administrator; and 

22 (2) provide verifiable indicators for oversight of 

23 the performance of the Administrator. 

24 (b) CONTENTS.—The mission plan shall include— 


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1 (1) a description of the actions the Adminis2 trator plans to take to carry out the functions of the 

3 Administrator under this Act; 

4 (2) schedules and milestones for carrying out 

5 the functions of the Administrator, which shall pro6 vide for the operation of— 

7 (A) a storage facility not later than De8 cember 31, 2034; and 

9 (B) a repository not later than December 

10 31, 2060; and 

11 (3) an estimate of the amounts that the Admin12 istration will need Congress to appropriate from the 

13 Nuclear Waste Fund (in addition to amounts ex14 pected to be available from the Working Capital 

15 Fund) to carry out the functions of the Nuclear 

16 Waste Fund, on an annual basis. 

17 (c) PROPOSED MISSION PLAN.—Not later than 1 

18 year after the date of enactment of this Act, the Adminis19 trator shall submit a proposed mission plan for comment 

20 to— 

21 (1) Congress; 

22 (2) the Oversight Board; 

23 (3) the Commission; 


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1 (4) the Nuclear Waste Technical Review Board 

2 established by section 502 of the Nuclear Waste Pol3 icy Act of 1982 (42 U.S.C. 10262); 

4 (5) the States; 

5 (6) affected Indian Tribes; and 

6 (7) such other interested persons as the Admin7 istrator considers appropriate. 

8 (d) PUBLIC NOTICE AND COMMENT.—On submitting 

9 the proposed mission plan for comment under subsection 

10 (c), the Administrator shall— 

11 (1) publish a notice in the Federal Register of 

12 the availability of the proposed mission plan for pub13 lic comment; and 

14 (2) provide interested persons an opportunity to 

15 comment on the proposed plan. 

16 (e) SUBMISSION OF FINAL MISSION PLAN.—After 

17 consideration of the comments received, the Administrator 

18 shall— 

19 (1) revise the proposed mission plan to the ex20 tent that the Administrator considers appropriate; 

21 and 

22 (2) submit the final mission plan, along with a 

23 general statement responding to any significant 

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1 posed mission plan, to the appropriate committees of 

2 Congress, the President, and the Oversight Board. 

3 (f) REVISION OF THE MISSION PLAN.—The Adminis4 trator shall— 

5 (1) revise the mission plan, as appropriate, to 

6 reflect major changes in the planned activities, 

7 schedules, milestones, and cost estimates reported in 

8 the mission plan; and 

9 (2) submit the revised mission plan to Con10 gress, the President, and the Oversight Board prior 

11 to implementing the proposed changes. 

12 SEC. 505. ANNUAL REPORTS. 

13 (a) IN GENERAL.—The Administrator shall annually 

14 prepare and submit to Congress, the President, and the 

15 Oversight Board a comprehensive report on the activities 

16 and expenditures of the Administration. 

17 (b) MANAGEMENT REPORT.—The annual report sub18 mitted under subsection (a) shall include— 

19 (1) the annual management report required 

20 under section 9106 of title 31, United States Code; 

21 and 

22 (2) the report on any audit of the financial 

23 statements of the Administration conducted under 

24 section 9105 of title 31, United States Code. 


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1 SEC. 506. SAVINGS PROVISIONS; TERMINATIONS. 

2 (a) COMMISSION PROCEEDINGS.—The enactment of 

3 this Act shall not affect the pendency of any proceeding 

4 on the application for authorization to construct a reposi5 tory at the Yucca Mountain site pending on the date of 

6 enactment of this Act, but the Administrator shall not pro7 ceed with the siting, construction, or operation of a nu8 clear waste facility at the Yucca Mountain site except as 

9 provided in section 304(b). 

10 (b) AUTHORITY OF THE SECRETARY.—This Act shall 

11 not transfer or affect the authority of the Secretary with 

12 respect to— 

13 (1) the maintenance, treatment, packaging, and 

14 storage of nuclear waste at Department of Energy 

15 sites prior to delivery to, and acceptance by, the Ad16 ministrator of such nuclear waste for storage in a 

17 storage facility or disposal in a repository; 

18 (2) the conduct of generic research, develop19 ment, and demonstration activities related to nuclear 

20 waste management, including proliferation-resistant 

21 advanced fuel recycling and transmutation tech22 nologies that minimize environmental and public 

23 health and safety impacts; and 

24 (3) training and workforce development pro25 grams relating to nuclear waste management. 


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1 (c) TERMINATIONS.—The authority for each function 

2 of the Secretary relating to the siting, construction, and 

3 operation of repositories or storage facilities not trans4 ferred to the Administrator under this Act shall terminate 

5 on the date of enactment of this Act, including the author6 ity— 

7 (1) to provide disposal under subtitle A of title 

8 I of the Nuclear Waste Policy Act of 1982 (42 

9 U.S.C. 10131 et seq.); 

10 (2) to provide interim storage or monitored, re11 trievable storage under subtitles B and C of title I 

12 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

13 10151 et seq.); and 

14 (3) to site or construct a test and evaluation fa15 cility under title II of the Nuclear Waste Policy Act 

16 of 1982 (42 U.S.C. 10191 et seq.). 

17 SEC. 507. TECHNICAL ASSISTANCE IN THE FIELD OF SPENT 

18 FUEL STORAGE AND DISPOSAL. 

19 (a) JOINT NOTICE.—Not later than 90 days after the 

20 date of enactment of this Act and annually for 5 suc21 ceeding years, the Secretary and the Commission shall up22 date and publish in the Federal Register the joint notice 

23 required by section 223(b) of the Nuclear Waste Policy 

24 Act of 1982 (42 U.S.C. 10203(b)). 


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1 (b) INFORMING FOREIGN GOVERNMENTS.—As soon 

2 as practicable after the date of the publication of the an3 nual joint notice described in subsection (a), the Secretary 

4 of State shall inform the governments of nations and orga5 nizations operating nuclear power plants, solicit expres6 sions of interest, and transmit any such expressions of in7 terest to the Secretary and the Commission, as provided 

8 in section 223(c) of the Nuclear Waste Policy Act of 1982 

9 (42 U.S.C. 10203(c)). 

10 (c) BUDGET REQUESTS.—The President shall in11 clude in the budget request of the President for the Com12 mission and the Department of Energy for each of fiscal 

13 years 2023 through 2027 such funding requests for a pro14 gram of cooperation and technical assistance with nations 

15 in the fields of spent nuclear fuel storage and disposal as 

16 the President determines appropriate in light of expres17 sions of interest in the cooperation and assistance. 

18 (d) ELIGIBILITY.—Notwithstanding any limitation on 

19 cooperation and technical assistance to non-nuclear weap20 on states under section 223 of the Nuclear Waste Policy 

21 Act of 1982 (42 U.S.C. 10203), the Secretary and the 

22 Commission may cooperate with and provide technical as23 sistance to nuclear weapon states, if the Secretary and the 

24 Commission determine the cooperation and technical as25 sistance is in the national interest. 


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1 SEC. 508. NUCLEAR WASTE TECHNICAL REVIEW BOARD. 

2 (a) ELIGIBILITY.—Section 502(b)(3)(C)(iii)(I) of the 

3 Nuclear Waste Policy Act of 1982 (42 U.S.C. 

4 10262(b)(3)(C)(iii)(I)) is amended by inserting ‘‘or the 

5 Nuclear Waste Administration’’ after ‘‘the Department of 

6 Energy’’. 

7 (b) FUNCTIONS.—Section 503 of the Nuclear Waste 

8 Policy Act of 1982 (42 U.S.C. 10263) is amended, in the 

9 matter preceding paragraph (1), by striking ‘‘1987’’ and 

10 inserting ‘‘1987, and the Nuclear Waste Administrator’’. 

11 (c) PRODUCTION OF DOCUMENTS.—Section 504(b) 

12 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

13 10264(b)) is amended by striking ‘‘Secretary’’ each place 

14 it appears and inserting ‘‘Nuclear Waste Administrator’’. 

15 (d) REPORTS.—Section 508 of the Nuclear Waste 

16 Policy Act of 1982 (42 U.S.C. 10268) is amended, in the 

17 first sentence, by striking ‘‘Congress and the Secretary’’ 

18 and inserting ‘‘Congress, the Nuclear Waste Adminis19 trator, and the Nuclear Waste Oversight Board’’. 

20 (e) TERMINATION.—Section 510 of the Nuclear 

21 Waste Policy Act of 1982 (42 U.S.C. 10270) is amended 

22 by striking ‘‘Secretary’’ and inserting ‘‘Nuclear Waste Ad23 ministrator’’. 

24 SEC. 509. APPLICATION OF VOLUME LIMITATION. 

25 The volume limitations described in the second and 

26 third sentences of section 114(d) of the Nuclear Waste 


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74 

•HR 9786 IH

1 Policy Act of 1982 (42 U.S.C. 10134(d)) shall not apply 

2 to any repository to the extent that the consent agreement 

3 applicable to the repository provides for the disposal of 

4 a greater volume. 

Æ 


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