I 

116TH CONGRESS 

2D SESSION H. R. 8572 

To require the Secretary of Energy, in coordination with the Secretary of 

the Treasury, to conduct a study, and submit to Congress a report, 

on an auction process or other system for selecting and entering into 

contracts with non-Federal entities for consolidated interim storage facilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 9, 2020 

Mr. ROUDA (for himself, Mr. NEAL, and Mr. LEVIN of California) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce 

A BILL 

To require the Secretary of Energy, in coordination with 

the Secretary of the Treasury, to conduct a study, and 

submit to Congress a report, on an auction process or 

other system for selecting and entering into contracts 

with non-Federal entities for consolidated interim storage 

facilities, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing America’s 

5 Nuclear Waste Act’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 8572 IH

1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) The Nuclear Waste Policy Act of 1982 (42 

4 U.S.C. 10101 et seq.) dictated that the Federal Gov5 ernment would identify repositories and begin dis6 posal of high-level radioactive waste and spent nu7 clear fuel beginning not later than January 31, 

8 1998. 

9 (2) It has been 60 years since the first civilian 

10 nuclear power reactor became operational, and the 

11 United States still lacks a long-term management 

12 solution for the disposal of spent nuclear fuel and 

13 high-level radioactive waste. 

14 (3) There are approximately 100 sites across at 

15 least 34 States where spent nuclear fuel and high16 level radioactive waste is currently stored. 

17 (4) The need to develop a long-term nuclear 

18 waste storage plan for the United States is well rec19 ognized by many experts, institutions, and organiza20 tions, including the Department of Energy and the 

21 Nuclear Energy Institute. 

22 (5) With the future of the repository at the 

23 Yucca Mountain site in doubt, providing interim 

24 storage for spent nuclear fuel currently in repose at 

25 sites of both decommissioned and active civilian nu26 clear power reactors has become an imperative. 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 8572 IH

1 (6) The purpose of a consolidated interim stor2 age facility is to begin the process of accepting spent 

3 nuclear fuel and high-level radioactive waste, while 

4 also developing and perfecting protocols and proce5 dures for transportation and storage of such spent 

6 nuclear fuel and high-level radioactive waste. 

7 (7) In recent decades, Federal agencies have 

8 used auctions and other market mechanisms to re9 duce costs to taxpayers and allocate resources in ef10 ficient and transparent ways. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) CONSOLIDATED INTERIM STORAGE FACIL14 ITY.—The term ‘‘consolidated interim storage facil15 ity’’ means a facility for the consolidated storage of 

16 spent nuclear fuel and high-level radioactive waste 

17 generated by multiple persons or the Secretary of 

18 Energy pending the disposal of the spent nuclear 

19 fuel and high-level radioactive waste in a repository. 

20 (2) HIGH-LEVEL RADIOACTIVE WASTE.—The 

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

22 given the term in section 2 of the Nuclear Waste 

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


pbinns on DSKJLVW7X2PROD with BILLS
4 

•HR 8572 IH

1 (3) REPOSITORY.—The term ‘‘repository’’ has 

2 the meaning given the term in section 2 of the Nu3 clear Waste Policy Act of 1982 (42 U.S.C. 10101). 

4 (4) SPENT NUCLEAR FUEL.—The term ‘‘spent 

5 nuclear fuel’’ has the meaning given the term in sec6 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

7 U.S.C. 10101). 

8 SEC. 4. STUDY ON RISKS OF CURRENT STORAGE OF SPENT 

9 NUCLEAR FUEL AND HIGH-LEVEL RADIO10 ACTIVE WASTE. 

11 Not later than 1 year after the date of enactment 

12 of this Act, the Comptroller General of the United States 

13 shall submit to Congress a report on the risks to current 

14 storage locations for spent nuclear fuel, including spent 

15 nuclear fuel from civilian nuclear power reactors, and 

16 high-level radioactive waste, including— 

17 (1) risks that are related to global weather pat18 terns and geography, including— 

19 (A) extreme weather events (including hur20 ricanes, tornadoes, and other storms), fires, 

21 drought, flooding (whether or not the spent nu22 clear fuel is located in a floodplain); and 

23 (B) earthquakes and proximity to fault 

24 lines; 

25 (2) site specific risks, including— 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•HR 8572 IH

1 (A) whether a site stores its spent nuclear 

2 fuel and high-level radioactive waste in spent 

3 fuel pools or dry casks; 

4 (B) the location of spent nuclear fuel and 

5 high-level radioactive waste within the overall 

6 layout of the site; 

7 (C) how much spent nuclear fuel and high8 level radioactive waste is stored on-site; 

9 (D) whether any applicable civilian nuclear 

10 power reactor is decommissioned, active, or an11 other status; and 

12 (E) the population of the surrounding 

13 area; and 

14 (3) a description of how implementation of con15 solidated interim storage of spent nuclear fuel and 

16 high-level radioactive waste could address the risks 

17 described in paragraphs (1) and (2). 

18 SEC. 5. STUDY ON ECONOMIC BENEFITS OF CONSOLIDATED 

19 INTERIM STORAGE. 

20 Not later than 1 year after the date of enactment 

21 of this Act, the Director of the Office of Management and 

22 Budget shall conduct a study, and submit to Congress a 

23 report, on the economic benefits of consolidated interim 

24 storage of spent nuclear fuel and high-level radioactive 

25 waste, including economic benefits associated with— 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•HR 8572 IH

1 (1) job growth; and 

2 (2) redeveloping sites of decommissioned civil3 ian nuclear power reactors. 

4 SEC. 6. STUDY ON PROCESS FOR CONTRACTS FOR CON5 SOLIDATED INTERIM STORAGE FACILITIES. 

6 (a) IN GENERAL.—Not later than 1 year after the 

7 date of enactment of this Act, the Secretary of Energy, 

8 in coordination with the Secretary of the Treasury, shall 

9 conduct a study, and submit to Congress a report, on an 

10 auction process or other system for selecting and entering 

11 into contracts with non-Federal entities for consolidated 

12 interim storage facilities— 

13 (1) that are located at a site without an oper14 ating nuclear reactor; and 

15 (2) for which a non-Federal entity will hold a 

16 license issued by the Nuclear Regulatory Commis17 sion. 

18 (b) INCLUSIONS.—In conducting the study under 

19 subsection (a), the Secretary of Energy, in coordination 

20 with the Secretary of the Treasury, shall develop or iden21 tify an auction process or other system described in such 

22 subsection— 

23 (1) that includes— 

24 (A) a competitive bidding system; and 

25 (B) appropriate bidding methodology; 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•HR 8572 IH

1 (2) under which the Secretary of Energy may 

2 not select and enter into a contract with a non-Fed3 eral entity unless— 

4 (A) the consolidated interim storage facil5 ity with respect to which the contract will apply 

6 has been licensed by the Nuclear Regulatory 

7 Commission; 

8 (B) the Secretary of Energy has approval 

9 to store high-level radioactive waste or spent 

10 nuclear fuel resulting from civilian nuclear ac11 tivities to which the Department of Energy 

12 holds title at such consolidated interim storage 

13 facility from each of— 

14 (i) the State in which the facility is to 

15 be located; 

16 (ii) any unit of local government with 

17 jurisdiction over the area in which the fa18 cility is to be located; and 

19 (iii) any impacted Indian Tribe; and 

20 (C) the Secretary of Energy or the non21 Federal entity has conducted 1 or more public 

22 hearings in the vicinity of the site where the 

23 consolidated interim storage facility is to be lo24 cated and in at least 1 other location within the 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•HR 8572 IH

1 State in which such facility is to be located to 

2 solicit public comments and recommendations. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS