August 1, 2012 CONGRESSIONAL RECORD — SENATE S5873 

agricultural operations for a period of 

12 months—1 year. 

Earlier this year, I began hearing 

about this issue from constituents who 

are worried about privacy concerns. 

Thus, a few of my colleagues and I 

wrote to Administrator Jackson in late 

May asking her several questions about 

EPA’s practice of flying over livestock 

operations and taking pictures. We 

were curious about the scope of flights 

over agriculture operations in Nebraska and around the country. We 

asked how the agency selects targets 

for surveillance and whether any images of residences, land, or buildings 

not subject to EPA regulation were 

being captured. 

Additionally, we asked a very fair 

question: We asked about the use of the 

images, where are they stored, how are 

they used, who are they shared with, 

and how long they would remain on 

file—all seemingly straightforward, 

fair, basic questions. 

Well, to say the least, EPA has been 

less than forthcoming about the use of 

aerial surveillance. EPA has acknowledged aerial surveillance activities in 

Nebraska, Iowa, and West Virginia. But 

despite repeated requests, details concerning the national scope of this program and its management by EPA 

headquarters have not been disclosed. 

You see, I believe the American public deserves open, straightforward, honest information about why EPA is flying over their land—not just in Nebraska but across the country. 

Time and time again, farmers have 

consistently proven they are excellent 

stewards of the environment. They 

make their living from the land, and 

they are very mindful of maintaining it 

and protecting it and leaving it improved. 

I agree wholeheartedly that we 

should ensure our waterways are clean 

and our air is safe. So I want to be very 

clear: This legislation does not affect 

EPA’s ability to use traditional onsite 

inspections. But given EPA’s track 

record of ignorance about agriculture, 

if not downright contempt for it, farmers and ranchers do not trust this agency, and they sure as heck do not approve of EPA doing low-altitude surveillance flights over citizens’ private 

property. 

So until EPA takes a more commonsense, transparent, open approach, we 

need to step on the brakes. This bill 

simply does that. It places a 1-year 

moratorium on EPA from using aerial 

surveillance. This will give the agency 

time to come clean about its activities 

nationwide and make the case that 

these flights are an appropriate use of 

agency authority and taxpayer money. 

Unless the EPA does that openly, the 

level of trust between farmers and 

ranchers and the EPA will continue to 

erode. In the meantime, passage of this 

legislation will help provide our farmers and our ranchers and others in 

rural America with much needed regulatory certainty. 

I offered an amendment on this issue 

during the recent farm bill debate. It 

got broad bipartisan support—56 votes. 

Ten of my colleagues on the other side 

of the aisle joined me in this effort, so 

it is not a partisan issue. 

I urge my colleagues to continue 

their support of this effort to bring accountability and transparency to the 

Environmental Protection Agency. 

By Mr. BINGAMAN: 

S. 3469. 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; to the Committee on Energy and Natural Resources. 

Mr. BINGAMAN. Mr. President, I am 

today introducing a bill to implement 

the recommendations of the Blue Ribbon Commission on America’s Nuclear 

Future. 

The Blue Ribbon Commission was appointed by Secretary of Energy Steven 

Chu, at the request of President 

Obama, in March 2010. The purpose of 

the Commission was to examine the 

nation’s nuclear waste management 

policy, consider alternatives, and recommend a new approach. The Commission was made up of 15 distinguished 

members, and co-chaired by Representative Lee Hamilton and General Brent 

Scowcroft. Two of our former colleagues, Senator Domenici and Senator 

Hagel, were also members. 

The Commission did an outstanding 

job. It met more than two dozen times 

over two years, conducted five public 

hearings across the country, heard testimony from countless experts and 

stakeholders, visited nuclear waste 

management facilities both here and 

abroad, and assembled a very thorough, 

thoughtful, and authoritative report. 

The Commission made eight clear, 

concise, and eminently sensible recommendations. Principally, it recommended that we adopt a new, consent-based approach to siting nuclear 

waste management facilities, and that 

we establish a new organization to 

manage the nuclear waste management 

program. It affirmed the need to build 

one or more geologic repositories in 

which nuclear waste can be permanently buried, and it endorsed the need 

to build one or more temporary storage 

facilities in which nuclear waste can be 

stored until it can be permanently disposed of in a repository. It emphasized 

the importance of giving the new organization access to the funds needed to 

implement the program. It also made 

useful recommendations on transportation, and on the importance of continued support for nuclear research and 

development and international nuclear 

non-proliferation programs. 

The Commission published its report 

at the end of January, and the two cochairs, Representative Hamilton and 

General Scowcroft, testified to the 

Committee on Energy and Natural Resources on it in early February. 

Since then, I have been working with 

the Ranking Republican on the Committee on Energy and Natural Resources, Senator MURKOWSKI, and the 

Chairman and Ranking Republican on 

the Energy and Water Development 

Subcommittee of the Appropriations 

Committee, Senator FEINSTEIN and 

Senator ALEXANDER, to try to put the 

commission’s recommendations into 

legislative language. 

Much of our time and effort centered 

on the Commission’s recommendation 

for ‘‘a new organization dedicated solely to implementing the waste management program.’’ The Commission recommended that Congress establish a 

new ‘‘single purpose organization,’’ 

outside of the Department of Energy, 

but still within the Federal Government to manage the nation’s nuclear 

wastes in place of the Department of 

Energy. More specifically, it proposed 

formation of a government corporation, and suggested that the Tennessee 

Valley Authority might provide a useful model. 

Our initial efforts focused on the government corporation approach, but we 

ultimately agreed to set that model 

aside in favor of a structure that we believe may be both more effective and 

more accountable. We chose to focus 

full responsibility and authority for 

the program in a single administrator, 

and to establish a separate board made 

up of senior Federal officials to oversee 

the administrator. 

Most of the rest of our discussions focused on the siting process for temporary storage facilities and permanent geologic repositories. We agreed 

with the commission’s recommendation that the new organization employ 

a consent-based approach to siting nuclear waste facilities and with the need 

for to establish interim storage facilities pending completion of a repository. But we were unable to agree on 

the ‘‘linkage’’ between storage facilities and the repository. 

Under current law, the Department 

of Energy cannot begin constructing a 

storage facility until the Nuclear Regulatory Commission issues a license to 

construct the repository. The Commission found that this tight linkage has 

prevented a storage facility from being 

built and recommended that it be 

eliminated. But the commission also 

recognized the need for what it called 

‘‘positive linkages’’ between storage 

and disposal to ensure that progress 

continues on both fronts and interim 

storage does not end up become permanent. 

Meanwhile, while our discussions 

were underway, the Energy and Water 

Development Appropriations Subcommittee reported legislation that 

authorizes the Secretary of Energy to 

begin storing nuclear waste at interim 

storage sites. My proposal for ‘‘positive 

linkages’’ was to allow the new agency 

to store up to 10,000 metric tons of 

spent nuclear fuel at a storage facility 

built under the authority in the appropriations bill, even if no agreement has 


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S5874 CONGRESSIONAL RECORD — SENATE August 1, 2012 

been reached on a repository, but to require there to be an agreement for a repository before allowing the new agency to store nuclear waste at other storage facilities. 

Regrettably, we were not able to 

reach an agreement on this issue or on 

whether the siting process for storage 

facilities should be identical to the 

siting process for repositories wherever 

possible. 

Nonetheless, we agreed that I should 

introduce the bill with the linkages 

that I have proposed and that the Committee on Energy and Natural Resources should hold a hearing on it in 

September. I recognize, of course, that 

the bill will not become law this year. 

But my hope is to obtain testimony on 

it and to build a legislative record that 

might serve as the foundation for further consideration and ultimate enactment in the next Congress. 

The Blue Ribbon Commission found 

that ‘‘it is long past time for the government to make good on its commitments to the American people to provide for the safe disposal of nuclear 

waste.’’ 

‘‘Put simply,’’ the Commission said, 

‘‘this nation’s failure to come to grips 

with the nuclear waste issue has already proved damaging and costly. It 

will be even more damaging and more 

costly the longer it continues. . . . ’’ 

The commission has performed a 

very valuable service to the nation in 

showing us a way forward. Its recommendations merit our careful consideration and deserve our approval. I 

have attempted to put them into legislative form so that they can be enacted 

and implemented. 

I recognize that will not happen this 

year. It will take a great deal more 

time and work. But it must begin and 

I hope it will continue in the next Congress. 

Mr. President, I ask for unanimous 

consent that the bill be printed in the 

RECORD. 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 3469 

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). 


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(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 


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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 ‘‘ExportImport Bank;’’; and 

(2) in paragraph (2), by inserting ‘‘the Nuclear Waste Administration,’’ after ‘‘ExportImport 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 1 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— 


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(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. 


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(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 failure 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 


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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 employees 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 1 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 


pwalker on DSK7TPTVN1PROD with SENATE
S5880 CONGRESSIONAL RECORD — SENATE August 1, 2012 

‘‘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. 

By Ms. LANDRIEU (for herself, 

Mr. GRASSLEY, Mr. BEGICH, Mr. 

BLUNT, Mrs. BOXER, Mr. 

FRANKEN, and Ms. KLOBUCHAR): 

S. 3472. A bill to amend the Family 

Educational Rights and Privacy Act of 

1974 to provide improvements to such 

Act; to the Committee on Health, Education, Labor, and Pensions. 

Ms. LANDRIEU. Mr. President, I 

come to the floor to speak about a bill 

that I have the pleasure of helping to 

lead with several of my colleagues, particularly Senator GRASSLEY, who has 

been my long-standing partner and a 

wonderful cochair of the foster care 

caucus. There are any number of us, 

Republicans and Democrats, who have 

our eyes on and our hearts connected 

to the 500,000 children who are technically being raised by the government. 

The government does many things 

well, but raising children isn’t one of 

them. So it is our responsibility, when 

we enter into or respond to a case of 

abuse, gross abuse, neglect, or gross neglect, that we respond appropriately by 

removing children from homes who 

have, unfortunately, been tortured at 

times by their own parents. That, of 

course, is inconceivable to me and to 

many, but, unfortunately, it happens. 

So we remove children—hopefully 

temporarily—until the situation at 

home can be addressed with community services, faith-based services and 

support, where the children can be reunited with parents who have been 

healed, possibly, of their situation. 

That is not always the case, and we 

work as quickly as we can to find responsible and able relatives to take in 

the child—willing and able relatives, 

the law says, to take in the child with 

sibling groups intact. If that is not possible, then we seek to find a family in 

the community that will adopt these 

children. 

The thing I want to say about these 

wonderful children is that while their 

families may be broken—families may 

disintegrate for all sorts of reasons, including mental health, drug abuse, uncontrollable violence, criminal activity 

that disintegrates the family, and children are most certainly affected—these 

children, in many instances, aren’t broken. Their families are broken. The 

possibility of these children, from the 

ages of zero to 1 or 2 or 3 or 9 or 12 or 

15, being given an opportunity to be 

adopted into the loving arms of a stable family who will raise that child or 

children as their own or to be reunified 

with loving family members is ideal. 

As I said, governments do many 

things well, but raising children isn’t 

one of them. Human beings raise other 

human beings, and we need to do a better job of placing our children in quality, temporary foster homes, and then 

finding permanent, loving homes. 

We have this crazy notion in America 

and around the world that children are 

grown when they are 18, so we put all 

of their belongings in a plastic bag and 

we say goodbye to them, and we tell 

them: Please forget my cell phone 

number because you have aged out of 

the system. 

Several of us have been working for 

years, including former Senator 

Chafee, for one, to create more permanent opportunities for extended, independent living. While I support that—it 

is much better than putting their 

things in a bag, their few little items 

after 18 years, and sending them on 

their way—we now can extend that 

help until they are 21. However, what 

we really need to be doing is finding 

families for these children. 

I am 57 and I still need my family. I 

still talk to my mother and father almost every day. I was with my family 

this weekend. They will be with me and 

have been with me for every important 

moment of my life. When did somebody 

get a notion that children don’t need a 

family after they are 18? It is a silly 

notion, and it is not even true. We 

would not send our own children into 

the world alone by themselves. So our 

whole foster system needs great reform, and we are working on that. 

But one piece of this system that 

needs reform is what we are trying to 

address today by introducing the Uninterrupted Scholars Act, which is a bill 

that Senator GRASSLEY and many others, including Senator BEGICH, Senator 

BLUNT, Senator BOXER, Senator 

FRANKEN, and Senator KLOBUCHAR have 

graciously agreed to cosponsor and provide their leadership. Congresswoman 

BASS is a U.S. Representative from 

California’s 33rd District. She, along 

with Congresswoman BACHMANN from 

Minnesota, Congressman MARINO from 

Pennsylvania, and Congressman 

MCDERMOTT from Washington State, 

has introduced the same bipartisan bill 

in the House. So we are very excited 

about the strong bipartisan support for 

this bill. 

All this bill says—and it makes such 

sense I can’t believe it is not in the law 

already—is that when a child comes 

into the care of the government, the 

government agency responsible for the 

care of this child—now it is not parents 

any longer because the parents’ rights 

either have been terminated or are in 

the process of being terminated—the 

government will have the right, or the 

agencies representing the government, 

to their academic records. 

What is happening now is foster children are getting lost not only in the 

system but lost in their schools because of the difficulty in getting access 

to education records under the guise 

that these records should be private, et 

cetera. 

What is happening is some of these 

privacy rules are not protecting the 

children, they are protecting the system that is broken, and that is the 

problem. We are doing everything we 

can to protect the privacy of the child, 

but what is happening is some of these 

privacy rules are putting up a screen so 

that we can’t find out that the school 

is not doing its job on behalf of the 

child, or the social workers are not 

doing their job on behalf of the child. 

So this simply streamlines the process of making sure academic records 

can be accessed by foster families—either adoptive families or guardians— 

without having to go through the 

courts for a long, extended timeframe. 

I think this is an important change. 

It is one of probably 100 changes to this 

system that need to be made. Of 

course, we can make these new laws in 

Washington. A lot of this has to be carried out with heart and compassion and 

common sense, which, unfortunately, 

we cannot legislate from Washington. 

But what we can do is try, when we see 

a problem—this problem was identified 

not by me or by my staff. It was actually identified by foster youth who 

came up here this summer to intern 

and brought to our attention the issue 

that some of their records are not accessible to their foster families who are 

trying their best to raise them and to 

help them, et cetera. So the young people themselves have asked for this 

change. We are happy to accommodate 

that request. 

Let me end by saying again, there 

are over 480,000—about 400,000 to 

500,000—children who are in our foster 

care system representing less than onehalf of 1 percent of all the children in 

America, which is about 100 million. 

But it is an important one-half of 1 percent because these are children whose 

families have failed them terribly. 

These are children who are vulnerable 

and need us to love them extra specially, to help them extra specially. 

That is what some of us spend a good 

bit of our time trying to do because 

they are willing and able to become 

great citizens of our Nation but need 

that extra special help. 

So this Uninterrupted Scholars Act 

will give access, appropriately with 

protections, to their academic records. 

Senator FRANKEN has a bill to give 

them choice in public schools to help 

give them stability in their public 

schools, so they can stay with their 

friends, their teachers, as they, unfortunately, have to move around in the 

system. 

Many people will benefit—most importantly, the youth involved. 

By Mr. INHOFE: 

S. 3473. A bill to replace automatic 

spending cuts with targeted reforms, 

and for other purposes; to the Committee on Finance. 


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