I 

115TH CONGRESS 

1ST SESSION H. R. 474 

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 

JANUARY 12, 2017 

Mr. ISSA (for himself, Mr. CONAWAY, Mr. CALVERT, Mr. CULBERSON, Mr. 

YOUNG of Alaska, Ms. PINGREE, Mr. SAM JOHNSON of Texas, Mr. CARTER of Texas, Ms. BORDALLO, Mr. PETERS, Mr. WELCH, Ms. MATSUI, 

Mr. GENE GREEN of Texas, Mr. HUNTER, Mr. BERA, Mr. NEAL, Mr. 

COURTNEY, and Mr. LEWIS of Minnesota) 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Interim Consolidated 

3 Storage Act of 2017’’. 

4 SEC. 2. DEFINITION OF INTERIM CONSOLIDATED STORAGE 

5 FACILITY. 

6 Section 2 of the Nuclear Waste Policy Act of 1982 

7 (42 U.S.C. 10101) is amended by adding at the end the 

8 following new paragraph: 

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

10 facility’ means a facility that possesses a specific li11 cense issued by the Commission that authorizes stor12 age of high-level radioactive waste or spent nuclear 

13 fuel received from the Secretary or from two or more 

14 persons that generate or hold title to high-level ra15 dioactive waste or spent nuclear fuel generated at a 

16 civilian nuclear power reactor.’’. 

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

18 RADIOACTIVE WASTE AND SPENT NUCLEAR 

19 FUEL. 

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

21 135(h) of the Nuclear Waste Policy Act of 1982 (42 

22 U.S.C. 10155(h)) is amended by striking ‘‘Notwith23 standing any other provisions of law’’ and inserting ‘‘Ex24 cept as provided in section 302, and subtitle I of title I’’. 


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•HR 474 IH

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

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

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

4 ‘‘Subtitle I—Interim Consolidated 

5 Storage 

6 ‘‘SEC. 190. INTERIM CONSOLIDATED STORAGE. 

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

8 contracts for the storage of high-level radioactive waste 

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

10 for an interim consolidated storage facility. 

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

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

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

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

15 Code of Federal Regulations. Nothing in this section or 

16 section 191 shall be interpreted to affect existing judicial 

17 interpretation of the term high-level radioactive waste or 

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

19 a repository. 

20 ‘‘SEC. 191. CONTRACTS. 

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

22 new contracts or modify existing contracts with any person 

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

24 or spent nuclear fuel of domestic origin for the acceptance 

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


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1 an interim consolidated storage facility, with priority for 

2 storage given to high-level radioactive waste and spent nu3 clear fuel located on sites without an operating nuclear 

4 reactor. 

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

6 modified under this section shall provide that acceptance 

7 by the Secretary, and transfer of title under subsection 

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

9 fuel for an interim consolidated storage facility satisfies 

10 the Secretary’s responsibility under a contract entered 

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

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

13 fuel. 

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

15 person to settle claims against the United States for the 

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

17 the disposal of high-level radioactive waste or spent nu18 clear fuel as a condition precedent of entering into or 

19 modifying a contract under this section. 

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

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

22 spent nuclear fuel for an interim consolidated storage fa23 cility shall constitute a transfer to the Secretary of title 

24 to such waste or fuel.’’. 


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

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

3 is amended— 

4 (1) in paragraph (4), by striking ‘‘in a mon5 itored, retrievable storage site’’ and inserting ‘‘in an 

6 interim consolidated storage facility or monitored re7 trievable storage site,’’; 

8 (2) in paragraph (5)— 

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

10 storage site’’ and inserting ‘‘an interim consoli11 dated storage facility site, a monitored retriev12 able storage site,’’; 

13 (B) by striking ‘‘such repository, mon14 itored, retrievable storage facility’’ and insert15 ing ‘‘such repository, interim consolidated stor16 age facility, monitored retrievable storage facil17 ity,’’; and 

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

19 semicolon; 

20 (3) by redesignating paragraph (6) as para21 graph (7); 

22 (4) by inserting after paragraph (5) the fol23 lowing: 

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

25 storage of high-level radioactive waste or spent nuVerDate Sep 11 2014 23:05 Jan 25, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H474.IH H474

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1 clear fuel in an interim consolidated storage facility; 

2 and’’; and 

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

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

5 shall not be considered amounts for the construction 

6 or expansion of any facility.’’ after ‘‘this or subse7 quent legislation.’’. 

8 (d) APPROPRIATIONS FROM THE WASTE FUND.— 

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

10 (42 U.S.C. 10222(e)(2)) is amended— 

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

12 shall submit’’; and 

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

14 ‘‘(B) Notwithstanding subparagraph (A), subject to 

15 subparagraph (C), necessary amounts shall be available to 

16 the Secretary from the Waste Fund without additional ap17 propriations to pay for the following: 

18 ‘‘(i) Costs described in subsection (d)(4) in con19 nection with storage in an interim consolidated stor20 age facility. 

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

22 connection with an interim consolidated storage fa23 cility. 

24 ‘‘(iii) Fees and costs described in subsection 

25 (d)(6). 


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

2 modes of storage of high-level radioactive waste or spent 

3 nuclear fuel, amounts totaling more than the cumulative 

4 amount of interest generated by the Waste Fund each fis5 cal year, beginning in fiscal year 2018.’’. 

Æ 


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