I 

115TH CONGRESS 

1ST SESSION H. R. 4442 

To amend the Nuclear Waste Policy Act of 1982 to authorize the Secretary 

of Energy to enter into contracts for the storage of certain high-level 

radioactive waste and spent nuclear fuel, take title to certain highlevel radioactive waste and spent nuclear fuel, and make certain expenditures from the Nuclear Waste Fund. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2017 

Mrs. LOWEY introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Nuclear Waste Policy Act of 1982 to authorize 

the Secretary of Energy to enter into contracts for the 

storage of certain high-level radioactive waste and spent 

nuclear fuel, take title to certain high-level radioactive 

waste and spent nuclear fuel, and make certain expenditures from the Nuclear Waste Fund. 

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. 

4 This Act may be cited as the ‘‘Removing Nuclear 

5 Waste from our Communities Act of 2017’’. 


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1 SEC. 2. DEFINITION OF INTERIM CONSOLIDATED STORAGE 

2 FACILITY. 

3 Section 2 of the Nuclear Waste Policy Act of 1982 

4 (42 U.S.C. 10101) is amended by adding at the end the 

5 following new paragraph: 

6 ‘‘(35) The term ‘interim consolidated storage 

7 facility’ means a facility that possesses a specific li8 cense issued by the Commission that authorizes stor9 age of high-level radioactive waste or spent nuclear 

10 fuel received from the Secretary or from two or more 

11 persons that generate or hold title to high-level ra12 dioactive waste or spent nuclear fuel generated at a 

13 civilian nuclear power reactor.’’. 

14 SEC. 3. INTERIM CONSOLIDATED STORAGE OF HIGH-LEVEL 

15 RADIOACTIVE WASTE AND SPENT NUCLEAR 

16 FUEL. 

17 (a) STORAGE OF SPENT NUCLEAR FUEL.—Section 

18 135(h) of the Nuclear Waste Policy Act of 1982 (42 

19 U.S.C. 10155(h)) is amended by striking ‘‘Notwith20 standing any other provision of law’’ and inserting ‘‘Ex21 cept as provided in section 302, and subtitle I of title I’’. 

22 (b) INTERIM CONSOLIDATED STORAGE.—Title I of 

23 the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10121 

24 et seq.) is amended by adding at the end the following: 


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1 ‘‘Subtitle I—Interim Consolidated 

2 Storage 

3 ‘‘SEC. 190. INTERIM CONSOLIDATED STORAGE. 

4 ‘‘(a) IN GENERAL.—The Secretary may enter into 

5 contracts for the storage of high-level radioactive waste 

6 or spent nuclear fuel with any person that holds a license 

7 for an interim consolidated storage facility. 

8 ‘‘(b) DEFINITION OF HIGH-LEVEL RADIOACTIVE

9 WASTE.—For purposes of this subtitle and section 302, 

10 the term ‘high-level radioactive waste’ includes Greater 

11 than Class C waste as defined in section 72.3 of title 10, 

12 Code of Federal Regulations. Nothing in this section or 

13 section 191 shall be interpreted to affect existing judicial 

14 interpretation of the term high-level radioactive waste or 

15 to require the disposal of Greater than Class C waste in 

16 a repository. 

17 ‘‘SEC. 191. CONTRACTS. 

18 ‘‘(a) IN GENERAL.—The Secretary may enter into 

19 new contracts or modify existing contracts with any person 

20 who generates or holds title to high-level radioactive waste 

21 or spent nuclear fuel of domestic origin for the acceptance 

22 of title and subsequent storage of such waste or fuel at 

23 an interim consolidated storage facility, with priority for 

24 storage given to high-level radioactive waste and spent nu25 clear fuel located on sites without an operating nuclear 


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1 reactor and with over 15 million residents within a 50- 

2 mile radius. 

3 ‘‘(b) CONTRACT TERMS.—A contract entered into or 

4 modified under this section shall provide that acceptance 

5 by the Secretary, and transfer of title under subsection 

6 (d), of any high-level radioactive waste or spent nuclear 

7 fuel for an interim consolidated storage facility satisfies 

8 the Secretary’s responsibility under a contract entered 

9 into under section 302(a) to accept title to such waste or 

10 fuel for disposal, with respect to such accepted waste or 

11 fuel. 

12 ‘‘(c) LIMITATION.—The Secretary shall not require a 

13 person to settle claims against the United States for the 

14 breach of a contract entered into under section 302(a) for 

15 the disposal of high-level radioactive waste or spent nu16 clear fuel as a condition precedent of entering into or 

17 modifying a contract under this section. 

18 ‘‘(d) TITLE TO MATERIAL.—Delivery, and acceptance 

19 by the Secretary, of any high-level radioactive waste or 

20 spent nuclear fuel for an interim consolidated storage fa21 cility shall constitute a transfer to the Secretary of title 

22 to such waste or fuel.’’. 

23 (c) NUCLEAR WASTE FUND.—Section 302(d) of the 

24 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d)) 

25 is amended— 


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1 (1) in paragraph (4), by striking ‘‘in a mon2 itored, retrievable storage site’’ and inserting ‘‘in an 

3 interim consolidated storage facility or monitored re4 trievable storage site,’’; 

5 (2) in paragraph (5)— 

6 (A) by striking ‘‘a monitored, retrievable 

7 storage site’’ and inserting ‘‘an interim consoli8 dated storage facility site, a monitored retriev9 able storage site,’’; 

10 (B) by striking ‘‘such repository, mon11 itored, retrievable storage facility’’ and insert12 ing ‘‘such repository, interim consolidated stor13 age facility, monitored retrievable storage facil14 ity,’’; and 

15 (C) by striking ‘‘; and’’ and inserting a 

16 semicolon; 

17 (3) by redesignating paragraph (6) as para18 graph (7); 

19 (4) by inserting after paragraph (5) the fol20 lowing: 

21 ‘‘(6) the fees and costs in connection with the 

22 storage of high-level radioactive waste or spent nu23 clear fuel in an interim consolidated storage facility; 

24 and’’; and 


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1 (5) by inserting ‘‘For purposes of the preceding 

2 sentence, fees and costs described in paragraph (6) 

3 shall not be considered amounts for the construction 

4 or expansion of any facility.’’ after ‘‘this or subse5 quent legislation.’’. 

6 (d) APPROPRIATIONS FROM THE WASTE FUND.— 

7 Section 302(e)(2) of the Nuclear Waste Policy Act of 1982 

8 (42 U.S.C. 10222(e)(2)) is amended— 

9 (1) by inserting ‘‘(A)’’ before ‘‘The Secretary 

10 shall submit’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(B) Notwithstanding subparagraph (A) and 

13 subject to subparagraph (C), necessary amounts 

14 shall be available to the Secretary from the Waste 

15 Fund without additional appropriations to pay for 

16 the following: 

17 ‘‘(i) Costs described in subsection (d)(4) in 

18 connection with storage in an interim consoli19 dated storage facility. 

20 ‘‘(ii) Costs described in subsection (d)(5) 

21 in connection with an interim consolidated stor22 age facility. 

23 ‘‘(iii) Fees and costs described in sub24 section (d)(6). 


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1 ‘‘(C) The Secretary shall not expend, on fees 

2 for dry modes of storage of high-level radioactive 

3 waste or spent nuclear fuel, amounts totaling more 

4 than the cumulative amount of interest generated by 

5 the Waste Fund each fiscal year, beginning in fiscal 

6 year 2020.’’. 

7 (e) TECHNICAL AMENDMENTS.— 

8 (1) Section 302(d)(1) of the Nuclear Waste 

9 Policy Act of 1982 (42 U.S.C. 10222(d)(1)) is 

10 amended by striking ‘‘monitored, retrievable storage 

11 facility’’ and inserting ‘‘monitored retrievable stor12 age facility,’’. 

13 (2) Section 302(e)(5) of the Nuclear Waste Pol14 icy Act of 1982 (42 U.S.C. 10222(e)(5)) is amended 

15 by striking ‘‘under such Act’’ and inserting ‘‘under 

16 such chapter’’. 

Æ 


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