II 

117TH CONGRESS 

1ST SESSION S. 2871 

To establish a task force on the implications of amending the Atomic Energy 

Act of 1954 to remove exemptions from environmental laws for spent 

nuclear fuel and high-level radioactive waste to allow for consent-based 

siting of geologic repositories. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2021 

Mr. MARKEY introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To establish a task force on the implications of amending 

the Atomic Energy Act of 1954 to remove exemptions 

from environmental laws for spent nuclear fuel and highlevel radioactive waste to allow for consent-based siting 

of geologic repositories. 

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 ‘‘Nuclear Waste Task 

5 Force Act of 2021’’. 

6 SEC. 2. TASK FORCE. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) ENVIRONMENTAL JUSTICE COMMUNITY.— 

2 The term ‘‘environmental justice community’’ means 

3 a community with a significant representation of 

4 communities of color, low-income communities, or 

5 Tribal and indigenous communities that experiences, 

6 or is at risk of experiencing, higher or more adverse 

7 human health or environmental effects, as compared 

8 to other communities. 

9 (2) EPA REPRESENTATIVE.—The term ‘‘EPA 

10 representative’’ means the member of the Task 

11 Force appointed under subsection (c)(2)(B)(i). 

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

13 term ‘‘high-level radioactive waste’’ has the meaning 

14 given the term in section 2 of the Nuclear Waste 

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

16 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

17 means an Indian tribe included on the list published 

18 by the Secretary of the Interior under section 104 

19 of the Federally Recognized Indian Tribe List Act of 

20 1994 (25 U.S.C. 5131). 

21 (5) SPENT NUCLEAR FUEL.—The term ‘‘spent 

22 nuclear fuel’’ has the meaning given the term in sec23 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

24 U.S.C. 10101). 


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1 (6) TASK FORCE.—The term ‘‘Task Force’’ 

2 means the task force established under subsection 

3 (b). 

4 (b) ESTABLISHMENT.—The Administrator of the En5 vironmental Protection Agency shall establish a task force, 

6 to be known as ‘‘Task Force on the Implications of 

7 Amending the Atomic Energy Act of 1954 to Remove Ex8 emptions from Environmental Laws for Spent Nuclear 

9 Fuel And High-Level Radioactive Waste to Allow for Con10 sent-Based Siting of Geologic Repositories’’— 

11 (1) to continue the work of the 2012 Blue Rib12 bon Commission on America’s Nuclear Future, 

13 which found that consent was necessary to success14 fully arrive at permanent disposal sites for nuclear 

15 waste; and 

16 (2) to analyze the implications of amending the 

17 Atomic Energy Act of 1954 (42 U.S.C. 2011 et 

18 seq.) to remove exemptions from environmental laws 

19 for spent nuclear fuel from commercial reactors and 

20 high-level radioactive waste from defense and com21 mercial origins in order to create a consent-driven 

22 pathway to addressing the disposal challenges of 

23 commercial and defense nuclear waste. 

24 (c) MEMBERSHIP.— 


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1 (1) IN GENERAL.—The Task Force shall in2 clude a balanced representation of— 

3 (A) Federal, State, Tribal, and local gov4 ernment agencies; 

5 (B) nongovernmental organizations; 

6 (C) unions; and 

7 (D) the private sector. 

8 (2) MEMBERS.— 

9 (A) IN GENERAL.—The Task Force shall 

10 be composed of not more than 30 members who 

11 represent entities that— 

12 (i) are currently affected by the stor13 age, treatment, or management of commer14 cial or defense nuclear waste; or 

15 (ii) have cognizable and well-under16 stood interests in the objectives of the 

17 Task Force. 

18 (B) FEDERAL MEMBERS.—Not more than 

19 5 members of the Task Force shall be rep20 resentatives of the Federal Government, of 

21 whom— 

22 (i) 1 shall be appointed by the Admin23 istrator of the Environmental Protection 

24 Agency to represent the Environmental 

25 Protection Agency; 


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1 (ii) 1 shall be appointed by the Sec2 retary of Energy to represent the Depart3 ment of Energy; 

4 (iii) 1 shall be appointed by the Nu5 clear Regulatory Commission to represent 

6 the Nuclear Regulatory Commission; 

7 (iv) 1 shall be appointed by the Direc8 tor of the White House Office of Science 

9 and Technology Policy to represent the 

10 White House Office of Science and Tech11 nology Policy; and 

12 (v) 1 shall be appointed by the Sec13 retary of Transportation to represent the 

14 Department of Transportation. 

15 (C) NON-FEDERAL MEMBERS.— 

16 (i) IN GENERAL.—Except as provided 

17 in clause (ii), the EPA representative shall 

18 appoint the non-Federal members of the 

19 Task Force. 

20 (ii) STATE GOVERNMENT REPRESENT21 ATIVES.— 

22 (I) IN GENERAL.—The EPA rep23 resentative shall select not fewer than 

24 7 States, representing a geographical 

25 balance from across the United 


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1 States, the governments of which shall 

2 be represented on the Task Force. 

3 (II) APPOINTMENT.—The Gov4 ernor of a State selected under sub5 clause (I), or an appropriate agency of 

6 the State, such as a State department 

7 of ecology or State environment de8 partment, if the Governor determines 

9 it to be appropriate, shall appoint the 

10 representative of the State govern11 ment who shall serve on the Task 

12 Force. 

13 (iii) OTHER NON-FEDERAL MEM14 BERS.— 

15 (I) GEOGRAPHIC AND HISTOR16 ICAL BALANCE.—In selecting the non17 Federal members of the Task Force, 

18 the EPA representative shall ensure— 

19 (aa) a geographical balance 

20 among the non-Federal members 

21 from across the United States; 

22 and 

23 (bb) a balance of historical 

24 concerns with respect to nuclear 

25 waste. 


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1 (II) INTERESTS.—In selecting 

2 the non-Federal members of the Task 

3 Force, the EPA representative shall 

4 ensure that not fewer than 18 mem5 bers are selected from among rep6 resentatives of— 

7 (aa) Indian Tribes; 

8 (bb) national environmental 

9 interest groups; 

10 (cc) regional environmental 

11 justice groups; 

12 (dd) industry; 

13 (ee) labor organizations; 

14 (ff) professional societies; 

15 and 

16 (gg) safety- and health-re17 lated organizations. 

18 (D) SELECTION OF CHAIR.—The non-Fed19 eral members of the Task Force appointed 

20 under subparagraph (C) shall select the Chair 

21 of the Task Force from among the non-Federal 

22 members. 

23 (3) COMPENSATION; EXPENSES.— 

24 (A) COMPENSATION.—A member of the 

25 Task Force shall serve without compensation. 


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1 (B) EXPENSES.—A member of the Task 

2 Force shall receive reimbursement from the Ad3 ministrator of the Environmental Protection 

4 Agency at the applicable Federal per diem rate 

5 for all out-of-pocket expenses incurred in car6 rying out the duties of the Task Force. 

7 (d) GRANTS.—Subject to the approval of the Federal 

8 members of the Task Force appointed under subsection 

9 (c)(2)(B), the Chair of the Task Force may provide par10 ticipation grants to task force members from underre11 sourced communities, environmental justice communities, 

12 or nonprofit organizations that are located in environ13 mental justice communities and represent and work on be14 half of environmental justice communities with respect to 

15 issues relating to the storage and disposal of spent nuclear 

16 fuel and high-level radioactive waste. 

17 (e) DUTIES.— 

18 (1) REPORT.—Not later than 1 year after the 

19 date of enactment of this Act, the Task Force shall 

20 submit to Congress and the President a report, in 

21 unclassified form, that— 

22 (A)(i) provides a clear explanation of what 

23 constitutes ‘‘consent-based siting’’; and 


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1 (ii) includes recommendations on how con2 sent-based siting could be practically imple3 mented; 

4 (B) describes and evaluates, taking into 

5 consideration the consent-based siting rec6 ommendations of the 2012 Blue Ribbon Com7 mission for America’s Nuclear Future— 

8 (i) the implications of amending the 

9 Atomic Energy Act of 1954 (42 U.S.C. 

10 2011 et seq.) to remove exemptions from 

11 environmental laws, such as the Solid 

12 Waste Disposal Act (42 U.S.C. 6901 et 

13 seq.) (commonly known as the ‘‘Resource 

14 Conservation and Recovery Act of 1976’’), 

15 for spent nuclear fuel and high-level radio16 active waste, while maintaining Federal 

17 minimum standards; 

18 (ii) the likely allocations of precise 

19 regulatory responsibilities under any 

20 amendment to the Atomic Energy Act of 

21 1954 (42 U.S.C. 2011 et seq.) described 

22 and evaluated under clause (i); and 

23 (iii) the timeframe necessary for de24 veloping regulations in accordance with 

25 clause (ii) and subparagraph (C); and 


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1 (C) includes recommendations for appro2 priate legislative and regulatory changes based 

3 on the matters described and evaluated under 

4 subparagraph (B). 

5 (2) NOTICE AND COMMENT.— 

6 (A) IN GENERAL.—In preparing the report 

7 under paragraph (1), the Task Force shall pro8 vide public notice and an opportunity for com9 ment on the matters described in paragraph 

10 (1). 

11 (B) REQUIREMENT.—To ensure sufficient 

12 opportunity for timely public input on the mat13 ters described in paragraph (1), the Task Force 

14 shall provide not fewer than 3 opportunities for 

15 public comment under subparagraph (A), in16 cluding— 

17 (i) 1 opportunity on the East Coast; 

18 (ii) 1 opportunity on the West Coast; 

19 and 

20 (iii) 1 opportunity in the middle re21 gion of the United States. 

Æ 


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