I 

116TH CONGRESS 

1ST SESSION H. R. 2699 

To amend the Nuclear Waste Policy Act of 1982, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2019 

Mr. MCNERNEY (for himself, Mr. SHIMKUS, Mr. PETERS, Mr. DUNCAN, Mr. 

CARBAJAL, Mrs. LESKO, Ms. BLUNT ROCHESTER, Mr. UPTON, Mr. 

KEATING, Mr. ALLEN, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. 

WILSON of South Carolina, Mr. COURTNEY, and Mr. BALDERSON) introduced the following bill; which was referred to the Committee on Energy 

and Commerce, and in addition to the Committees on Natural Resources, 

Armed Services, the Budget, and Rules, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Nuclear Waste Policy Act of 1982, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Nuclear Waste Policy Amendments Act of 2019’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—MONITORED RETRIEVABLE STORAGE 

Sec. 101. Monitored retrievable storage. 

Sec. 102. Authorization and priority. 

Sec. 103. Conditions for MRS agreements. 

Sec. 104. Survey. 

Sec. 105. Site selection. 

Sec. 106. Benefits agreement. 

Sec. 107. Licensing. 

Sec. 108. Financial assistance. 

TITLE II—PERMANENT REPOSITORY 

Sec. 201. Land withdrawal, jurisdiction, and reservation. 

Sec. 202. Application procedures and infrastructure activities. 

Sec. 203. Pending repository license application. 

Sec. 204. Limitation on planning, development, or construction of defense 

waste repository. 

Sec. 205. Sense of Congress regarding transportation routes. 

TITLE III—DOE CONTRACT PERFORMANCE 

Sec. 301. Title to material. 

TITLE IV—BENEFITS TO HOST COMMUNITY 

Sec. 401. Consent. 

Sec. 402. Content of agreements. 

Sec. 403. Covered units of local government. 

Sec. 404. Termination. 

Sec. 405. Priority funding for certain institutions of higher education. 

Sec. 406. Disposal of spent nuclear fuel. 

Sec. 407. Updated report. 

TITLE V—FUNDING 

Sec. 501. Assessment and collection of fees. 

Sec. 502. Use of Waste Fund. 

Sec. 503. Annual multiyear budget proposal. 

Sec. 504. Availability of certain amounts. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Certain standards and criteria. 

Sec. 602. Application. 

Sec. 603. Transportation safety assistance. 

Sec. 604. Office of Spent Nuclear Fuel. 

Sec. 605. Subseabed or ocean water disposal. 

Sec. 606. Budgetary effects. 

Sec. 607. Requirement for financial statements summary. 

Sec. 608. Stranded nuclear waste. 


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1 TITLE I—MONITORED 

2 RETRIEVABLE STORAGE 

3 SEC. 101. MONITORED RETRIEVABLE STORAGE. 

4 (a) PROPOSAL.—Section 141(b) of the Nuclear 

5 Waste Policy Act of 1982 (42 U.S.C. 10161(b)) is amend6 ed— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘1985’’ and inserting 

9 ‘‘2019’’; and 

10 (B) by striking ‘‘the construction of’’; 

11 (2) in paragraph (2)— 

12 (A) by amending subparagraph (C) to read 

13 as follows: 

14 ‘‘(C) designs, specifications, and cost estimates 

15 sufficient to— 

16 ‘‘(i) solicit bids for the construction of one 

17 or more such facilities; and 

18 ‘‘(ii) enable completion and operation of 

19 such a facility as soon as practicable;’’; 

20 (B) in subparagraph (D), by striking ‘‘this 

21 Act.’’ and inserting ‘‘this Act; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(E) options to enter into MRS agreements 

24 with respect to one or more monitored retrievable 

25 storage facilities.’’; and 


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1 (3) by amending paragraph (4) to read as fol2 lows: 

3 ‘‘(4) The Secretary shall, not later than 90 days after 

4 the date of enactment of the Nuclear Waste Policy 

5 Amendments Act of 2019, publish a request for informa6 tion to help the Secretary evaluate options for the Sec7 retary to enter into MRS agreements with respect to one 

8 or more monitored retrievable storage facilities.’’. 

9 (b) ADDITIONAL AMENDMENTS.— 

10 (1) IN GENERAL.—Section 141 of the Nuclear 

11 Waste Policy Act of 1982 (42 U.S.C. 10161) is fur12 ther amended— 

13 (A) in subsection (c)(2)— 

14 (i) by striking ‘‘If the Congress’’ and 

15 all that follows through ‘‘monitored retriev16 able storage facility, the’’ and inserting 

17 ‘‘The’’; and 

18 (ii) by striking ‘‘construction of such 

19 facility’’ and inserting ‘‘construction of a 

20 monitored retrievable storage facility’’; and 

21 (B) by striking subsections (d) through 

22 (h). 

23 (2) DEFINITIONS.—Section 2 of the Nuclear 

24 Waste Policy Act of 1982 (42 U.S.C. 10101) is 

25 amended— 


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1 (A) in paragraph (34), by striking ‘‘the 

2 storage facility’’ and inserting ‘‘a storage facil3 ity’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(35) The term ‘MRS agreement’ means a co6 operative agreement, contract, or other mechanism 

7 that the Secretary considers appropriate to support 

8 the storage of Department-owned civilian waste in 

9 one or more monitored retrievable storage facilities 

10 as authorized under section 142(b)(2). 

11 ‘‘(36) The term ‘Department-owned civilian 

12 waste’ means high-level radioactive waste, or spent 

13 nuclear fuel, resulting from civilian nuclear activi14 ties, to which the Department holds title.’’. 

15 (3) TECHNICAL AMENDMENTS.—Section 146 of 

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

17 10166) is amended— 

18 (A) in subsection (a), by striking ‘‘such 

19 subsection’’ and inserting ‘‘subsection (f) of 

20 such section’’; and 

21 (B) in subsection (b), by striking ‘‘this 

22 subsection’’ and inserting ‘‘this section’’. 


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1 SEC. 102. AUTHORIZATION AND PRIORITY. 

2 Section 142 of the Nuclear Waste Policy Act of 1982 

3 (42 U.S.C. 10162) is amended by striking subsection (b) 

4 and inserting the following: 

5 ‘‘(b) AUTHORIZATION.—Subject to the requirements 

6 of this subtitle, the Secretary is authorized to— 

7 ‘‘(1) site, construct, and operate one or more 

8 monitored retrievable storage facilities; and 

9 ‘‘(2) store, pursuant to an MRS agreement, De10 partment-owned civilian waste at a monitored re11 trievable storage facility for which a non-Federal en12 tity holds a license described in section 143(1). 

13 ‘‘(c) PRIORITY.— 

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), the Secretary shall prioritize storage of 

16 Department-owned civilian waste at a monitored re17 trievable storage facility authorized under subsection 

18 (b)(2). 

19 ‘‘(2) EXCEPTION.— 

20 ‘‘(A) DETERMINATION.—Paragraph (1) 

21 shall not apply if the Secretary determines that 

22 it will be faster and less expensive to site, con23 struct, and operate a facility authorized under 

24 subsection (b)(1), in comparison to a facility 

25 authorized under subsection (b)(2). 


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1 ‘‘(B) NOTIFICATION.—Not later than 30 

2 days after the Secretary makes a determination 

3 described in subparagraph (A), the Secretary 

4 shall submit to Congress written notification of 

5 such determination.’’. 

6 SEC. 103. CONDITIONS FOR MRS AGREEMENTS. 

7 (a) AMENDMENT.—Section 143 of the Nuclear Waste 

8 Policy Act of 1982 (42 U.S.C. 10163) is amended to read 

9 as follows: 

10 ‘‘SEC. 143. CONDITIONS FOR MRS AGREEMENTS. 

11 ‘‘(a) IN GENERAL.—The Secretary may not enter 

12 into an MRS agreement under section 142(b)(2) unless— 

13 ‘‘(1) the monitored retrievable storage facility 

14 with respect to which the MRS agreement applies 

15 has been licensed by the Commission under the 

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

17 seq.); 

18 ‘‘(2) the non-Federal entity that is a party to 

19 the MRS agreement has approval to store Depart20 ment-owned civilian waste at such facility from each 

21 of— 

22 ‘‘(A) the Governor of the State in which 

23 the facility is located; 


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1 ‘‘(B) any unit of general local government 

2 with jurisdiction over the area in which the fa3 cility is located; and 

4 ‘‘(C) any affected Indian tribe; 

5 ‘‘(3) except as provided in subsection (b), the 

6 Commission has issued a final repository decision; 

7 and 

8 ‘‘(4) the MRS agreement provides that the 

9 quantity of high-level radioactive waste and spent 

10 nuclear fuel at the site of the facility at any one 

11 time will not exceed the limits described in section 

12 148(d)(3) and (4). 

13 ‘‘(b) INITIAL AGREEMENT.— 

14 ‘‘(1) AUTHORIZATION.—The Secretary may 

15 enter into one MRS agreement under section 

16 142(b)(2) before the Commission has issued a final 

17 repository decision. 

18 ‘‘(2) FUNDING.—There are authorized to be ap19 propriated to carry out this subsection— 

20 ‘‘(A) for each of fiscal years 2020 through 

21 2022, the greater of— 

22 ‘‘(i) $50,000,000; or 

23 ‘‘(ii) the amount that is equal to 10 

24 percent of the amounts appropriated from 

25 the Waste Fund in that fiscal year; and 


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1 ‘‘(B) for each of fiscal years 2023 through 

2 2025, the amount that is equal to 10 percent 

3 of the amounts appropriated from the Waste 

4 Fund in that fiscal year. 

5 ‘‘(3) PRIORITY.— 

6 ‘‘(A) IN GENERAL.—An MRS agreement 

7 entered into pursuant to paragraph (1) shall, to 

8 the extent allowable under this Act (including 

9 under the terms of the standard contract estab10 lished in section 961.11 of title 10, Code of 

11 Federal Regulations), provide for prioritization 

12 of the storage of Department-owned civilian 

13 waste that originated from any facility that— 

14 ‘‘(i) has ceased commercial operation; 

15 and 

16 ‘‘(ii) is located in— 

17 ‘‘(I) an area that is of high seis18 micity; and 

19 ‘‘(II) close proximity to a major 

20 body of water. 

21 ‘‘(B) NO EFFECT ON STANDARD CON22 TRACT.—Nothing in subparagraph (A) shall be 

23 construed to amend or otherwise alter the 

24 standard contract established in section 961.11 

25 of title 10, Code of Federal Regulations. 


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1 ‘‘(4) CONDITIONS.— 

2 ‘‘(A) NO STORAGE.—Except as provided in 

3 subparagraph (B), the Secretary may not store 

4 any Department-owned civilian waste at the ini5 tial MRS facility until the Commission has 

6 issued a final repository decision. 

7 ‘‘(B) EXCEPTION.— 

8 ‘‘(i) FINDING.—The Secretary may 

9 make a finding that a final repository deci10 sion is imminent, which finding shall be 

11 updated not less often than quarterly until 

12 the date on which the Commission issues a 

13 final repository decision. 

14 ‘‘(ii) STORAGE.—If the Secretary 

15 makes a finding under clause (i), the Sec16 retary may store Department-owned civil17 ian waste at the initial MRS facility in ac18 cordance with this section. 

19 ‘‘(iii) NOTICE.—Not later than 7 days 

20 after the Secretary makes or updates a 

21 finding under clause (i), the Secretary 

22 shall submit to Congress written notifica23 tion of such finding. 

24 ‘‘(iv) REPORTING.—In addition to the 

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1 retary makes a finding under clause (i), 

2 the Secretary shall submit to Congress the 

3 report described in such section 114(c) not 

4 later than 1 month after the Secretary 

5 makes such finding and monthly thereafter 

6 until the date on which the Commission 

7 issues a final repository decision. 

8 ‘‘(C) NO EFFECT ON FEDERAL DISPOSAL

9 POLICY.—Nothing in this subsection affects the 

10 Federal responsibility for the disposal of high11 level radioactive waste and spent nuclear fuel, 

12 or the definite Federal policy with regard to the 

13 disposal of such waste and spent fuel, estab14 lished under subtitle A, as described in section 

15 111(b). 

16 ‘‘(c) DEFINITIONS.—For purposes of this section: 

17 ‘‘(1) FINAL REPOSITORY DECISION.—The term 

18 ‘final repository decision’ means a final decision ap19 proving or disapproving the issuance of a construc20 tion authorization for a repository under section 

21 114(d)(1). 

22 ‘‘(2) INITIAL MRS FACILITY.—The term ‘initial 

23 MRS facility’ means the monitored retrievable stor24 age facility with respect to which an MRS agreement 

25 is entered into pursuant to subsection (b)(1).’’. 


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1 (b) CONFORMING AMENDMENT.—The item relating 

2 to section 143 in the table of contents for the Nuclear 

3 Waste Policy Act of 1982 is amended to read as follows: 

‘‘Sec. 143. Conditions for MRS agreements.’’. 

4 SEC. 104. SURVEY. 

5 Section 144 of the Nuclear Waste Policy Act of 1982 

6 (42 U.S.C. 10164) is amended— 

7 (1) by striking ‘‘After the MRS Commission 

8 submits its report to the Congress under section 

9 143, the’’ and inserting ‘‘(a) IN GENERAL.—The’’; 

10 (2) in the matter preceding paragraph (1), by 

11 striking ‘‘for a monitored retrievable storage facil12 ity’’ and inserting ‘‘for any monitored retrievable 

13 storage facility authorized under section 142’’; 

14 (3) in paragraph (6), by striking ‘‘; and’’ and 

15 inserting a semicolon; 

16 (4) in paragraph (7), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

18 (5) by adding after paragraph (7) the following: 

19 ‘‘(8) be acceptable to State authorities, affected 

20 units of local government, and affected Indian 

21 tribes. 

22 ‘‘(b) REQUEST FOR PROPOSALS.—The Secretary 

23 shall issue a request for proposals for an MRS agreement 

24 authorized under section 142(b)(2) before conducting a 

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1 sider any proposals received in response to such request 

2 in making the evaluation.’’. 

3 SEC. 105. SITE SELECTION. 

4 Section 145 of the Nuclear Waste Policy Act of 1982 

5 (42 U.S.C. 10165) is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘select the site evaluated’’ 

8 and inserting ‘‘select a site evaluated’’; 

9 (B) by striking ‘‘the most’’; and 

10 (C) by inserting ‘‘authorized under section 

11 142(b)(1)’’ after ‘‘monitored retrievable storage 

12 facility’’; and 

13 (2) by striking subsection (g). 

14 SEC. 106. BENEFITS AGREEMENT. 

15 Section 147 of the Nuclear Waste Policy Act of 1982 

16 (42 U.S.C. 10167) is amended— 

17 (1) by inserting ‘‘the Secretary intends to con18 struct and operate under section 142(b)(1)’’ after 

19 ‘‘storage facility’’; and 

20 (2) by inserting ‘‘or once a non-Federal entity 

21 enters into an MRS agreement under section 

22 142(b)(2),’’ after ‘‘section 145,’’. 

23 SEC. 107. LICENSING. 

24 (a) REVIEW OF LICENSE APPLICATION.—Section 

25 148(c) of the Nuclear Waste Policy Act of 1982 (42 


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1 U.S.C. 10168(c)) is amended by striking ‘‘section 142(b)’’ 

2 and inserting ‘‘section 142(b)(1)’’. 

3 (b) LICENSING CONDITIONS.—Section 148(d) of the 

4 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10168(d)) 

5 is amended— 

6 (1) in paragraph (1), by striking ‘‘has issued a 

7 license for the construction of a repository under 

8 section 115(d)’’ and inserting ‘‘has issued a final de9 cision approving or disapproving the issuance of a 

10 construction authorization for a repository under 

11 section 114(d)(1)’’; and 

12 (2) in paragraph (2), by striking ‘‘or construc13 tion of the repository ceases’’. 

14 SEC. 108. FINANCIAL ASSISTANCE. 

15 Section 149 of the Nuclear Waste Policy Act of 1982 

16 is amended by inserting ‘‘authorized under section 

17 142(b)(1)’’ after ‘‘a monitored retrievable storage facil18 ity’’. 

19 TITLE II—PERMANENT 

20 REPOSITORY 

21 SEC. 201. LAND WITHDRAWAL, JURISDICTION, AND RES22 ERVATION. 

23 (a) LAND WITHDRAWAL, JURISDICTION, AND RES24 ERVATION.— 


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1 (1) LAND WITHDRAWAL.—Subject to valid ex2 isting rights and except as provided otherwise in this 

3 section, the lands described in subsection (c) are 

4 withdrawn permanently from all forms of entry, ap5 propriation, and disposal under the public land laws, 

6 including the mineral leasing laws, the geothermal 

7 leasing laws, and the mining laws. 

8 (2) JURISDICTION.—Except as otherwise pro9 vided in this section, jurisdiction over the withdrawal 

10 is vested in the Secretary. There are transferred to 

11 the Secretary the lands within the withdrawal under 

12 the jurisdiction of the Secretary concerned on the ef13 fective date described in subsection (j)(1). 

14 (3) RESERVATION.—The withdrawal is reserved 

15 for use by the Secretary for development, precon16 struction testing and performance confirmation, li17 censing, construction, management and operation, 

18 monitoring, closure, postclosure, and other activities 

19 associated with the disposal of high-level radioactive 

20 waste and spent nuclear fuel under the Nuclear 

21 Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.). 

22 (b) REVOCATION AND MODIFICATION OF PUBLIC

23 LAND ORDERS AND RIGHTS-OF-WAY.— 

24 (1) PUBLIC LAND ORDER REVOCATION.—Public 

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1 tended by Public Land Order 7534, and any condi2 tions or memoranda of understanding accompanying 

3 those land orders, are revoked. 

4 (2) RIGHT-OF-WAY RESERVATIONS.—Project 

5 right-of-way reservations N–48602 and N–47748 of 

6 January 2001, are revoked. 

7 (c) LAND DESCRIPTION.— 

8 (1) BOUNDARIES.—The lands and interests in 

9 lands withdrawn and reserved by this section com10 prise the approximately 147,000 acres of land in 

11 Nye County, Nevada, as generally depicted on the 

12 Yucca Mountain Project Map, YMP–03–024.2, enti13 tled ‘‘Proposed Land Withdrawal’’ and dated July 

14 21, 2005. 

15 (2) LEGAL DESCRIPTION AND MAP.—Not later 

16 than 120 days after the date of enactment of this 

17 Act, the Secretary of the Interior shall— 

18 (A) publish in the Federal Register a no19 tice containing a legal description of the with20 drawal; and 

21 (B) file copies of the maps described in 

22 paragraph (1) and the legal description of the 

23 withdrawal with the Congress, the Governor of 

24 the State of Nevada, and the Archivist of the 

25 United States. 


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1 (3) TECHNICAL CORRECTIONS.—The maps and 

2 legal description referred to in this subsection have 

3 the same force and effect as if they were included 

4 in this section. The Secretary of the Interior may 

5 correct clerical and typographical errors in the maps 

6 and legal description. 

7 (d) RELATIONSHIP TO OTHER RESERVATIONS.—The 

8 provisions of subtitle A of title XXX of the Military Lands 

9 Withdrawal Act of 1999 (sections 3011–3023 of Public 

10 Law 106–65) and of Public Land Order 2568 do not apply 

11 to the lands withdrawn and reserved for use by the Sec12 retary under subsection (a). This Act does not apply to 

13 any other lands withdrawn for use by the Department of 

14 Defense under subtitle A of title XXX of the Military 

15 Lands Withdrawal Act of 1999. 

16 (e) MANAGEMENT RESPONSIBILITIES.— 

17 (1) GENERAL AUTHORITY.—The Secretary shall 

18 manage the lands withdrawn by subsection (a) con19 sistent with the Federal Land Policy and Manage20 ment Act of 1976 (43 U.S.C. 1701 et seq.), this sec21 tion, and other applicable law. The Secretary shall 

22 consult with the Secretary concerned in discharging 

23 that responsibility. 

24 (2) MANAGEMENT PLAN.— 


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1 (A) DEVELOPMENT.—The Secretary, after 

2 consulting with the Secretary concerned, shall 

3 develop a management plan for the use of the 

4 withdrawal. Within 3 years after the date of en5 actment of this Act, the Secretary shall submit 

6 the management plan to the Congress and the 

7 State of Nevada. 

8 (B) PRIORITY OF YUCCA MOUNTAIN

9 PROJECT-RELATED ISSUES.—Subject to sub10 paragraphs (C) and (D), any use of the with11 drawal for activities not associated with the 

12 Project is subject to conditions and restrictions 

13 that the Secretary considers necessary or desir14 able to permit the conduct of Project-related ac15 tivities. 

16 (C) DEPARTMENT OF THE AIR FORCE

17 USES.—The management plan may provide for 

18 the continued use by the Department of the Air 

19 Force of the portion of the withdrawal within 

20 the Nellis Air Force Base Test and Training 

21 Range under terms and conditions on which the 

22 Secretary and the Secretary of the Air Force 

23 agree concerning Air Force activities. 

24 (D) OTHER NON-YUCCA-MOUNTAIN25 PROJECT USES.—The management plan shall 


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1 provide for the maintenance of wildlife habitat 

2 and shall provide that the Secretary may permit 

3 non-Project-related uses that the Secretary con4 siders appropriate, including domestic livestock 

5 grazing and hunting and trapping in accord6 ance with the following requirements: 

7 (i) GRAZING.—The Secretary may 

8 permit grazing to continue where estab9 lished before the effective date described in 

10 subsection (j)(1), subject to regulations, 

11 policies, and practices that the Secretary, 

12 after consulting with the Secretary of the 

13 Interior, determines to be necessary or ap14 propriate. The management of grazing 

15 shall be conducted in accordance with ap16 plicable grazing laws and policies, includ17 ing— 

18 (I) the Act commonly known as 

19 the ‘‘Taylor Grazing Act’’ (43 U.S.C. 

20 315 et seq.); 

21 (II) title IV of the Federal Land 

22 Policy and Management Act of 1976 

23 (43 U.S.C. 1751 et seq.); and 


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1 (III) the Public Rangelands Im2 provement Act of 1978 (43 U.S.C. 

3 1901 et seq.). 

4 (ii) HUNTING AND TRAPPING.—The 

5 Secretary may permit hunting and trap6 ping within the withdrawal where estab7 lished before the effective date described in 

8 subsection (k)(1), except that the Sec9 retary, after consulting with the Secretary 

10 of the Interior and the State of Nevada, 

11 may designate zones where, and establish 

12 periods when, no hunting or trapping is 

13 permitted for reasons of public safety, na14 tional security, administration, or public 

15 use and enjoyment. 

16 (E) MINING.— 

17 (i) IN GENERAL.—Except as provided 

18 in clause (ii), surface or subsurface mining 

19 or oil or gas production, including slant 

20 drilling from outside the boundaries of the 

21 withdrawal, is not permitted at any time 

22 on lands on or under the withdrawal. The 

23 Secretary of the Interior shall evaluate and 

24 adjudicate the validity of all unpatented 

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1 drawal that, on the date of enactment of 

2 this Act, was under the control of the Bu3 reau of Land Management. The Secretary 

4 shall provide just compensation for the ac5 quisition of any valid property right. 

6 (ii) CIND-R-LITE MINE.—Patented 

7 Mining Claim No. 27–83–0002, covering 

8 the Cind-R-Lite Mine, shall not be affected 

9 by establishment of the withdrawal set 

10 forth in subsection (a)(1). In that event, 

11 the Secretary shall provide just compensa12 tion. 

13 (F) LIMITED PUBLIC ACCESS.—The man14 agement plan may provide for limited public ac15 cess to the portion of the withdrawal under Bu16 reau of Land Management control on the effec17 tive date described in subsection (j)(1). Per18 mitted uses may include continuation of the 

19 Nye County Early Warning Drilling Program, 

20 utility corridors, and other uses the Secretary, 

21 after consulting with the Secretary of the Inte22 rior, considers consistent with the purposes of 

23 the withdrawal. 

24 (3) CLOSURE.—If the Secretary, after con25 sulting with the Secretary concerned, determines 


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1 that the health and safety of the public or the com2 mon defense and security require the closure of a 

3 road, trail, or other portion of the withdrawal, or the 

4 airspace above the withdrawal, the Secretary may ef5 fect and maintain the closure and shall provide no6 tice of the closure. 

7 (4) IMPLEMENTATION.—The Secretary and the 

8 Secretary concerned shall implement the manage9 ment plan developed under paragraph (2) under 

10 terms and conditions on which they agree. 

11 (f) IMMUNITY.—The United States and its depart12 ments and agencies shall be held harmless and shall not 

13 be liable for damages to persons or property suffered in 

14 the course of any mining, mineral leasing, or geothermal 

15 leasing activity conducted on the withdrawal. 

16 (g) LAND ACQUISITION.—The Secretary may acquire 

17 lands and interests in lands within the withdrawal. Those 

18 lands and interests in lands may be acquired by donation, 

19 purchase, lease, exchange, easement, rights-of-way, or 

20 other appropriate methods using donated or appropriated 

21 funds. The Secretary of the Interior shall conduct any ex22 change of lands within the withdrawal for Federal lands 

23 outside the withdrawal. 

24 (h) MATERIAL REQUIREMENTS.—Notwithstanding 

25 any other provision of law, no Federal, State, interstate, 


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1 or local requirement, either substantive or procedural, that 

2 is referred to in section 6001(a) of the Solid Waste Dis3 posal Act (42 U.S.C. 6961(a)) applies with respect to any 

4 material— 

5 (1) as such material is transported to a reposi6 tory for disposal at such repository; or 

7 (2) as, or after, such material is disposed of in 

8 a repository. 

9 (i) DEFINITIONS.— 

10 (1) NUCLEAR WASTE POLICY ACT OF 1982 DEFI11 NITIONS.—For purposes of this section, the terms 

12 ‘‘disposal’’, ‘‘high-level radioactive waste’’, ‘‘reposi13 tory’’, ‘‘Secretary’’, and ‘‘spent nuclear fuel’’ have 

14 the meaning given those terms in section 2 of the 

15 Nuclear Waste Policy Act of 1982 (42 U.S.C. 

16 10101). 

17 (2) OTHER DEFINITIONS.—For purposes of this 

18 section— 

19 (A) the term ‘‘withdrawal’’ means the geo20 graphic area consisting of the land described in 

21 subsection (c); 

22 (B) the term ‘‘Secretary concerned’’ means 

23 the Secretary of the Air Force or the Secretary 

24 of the Interior, or both, as appropriate; and 


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1 (C) the term ‘‘Project’’ means the Yucca 

2 Mountain Project. 

3 (j) EFFECTIVE DATE.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), this section shall take effect on the date 

6 on which the Nuclear Regulatory Commission issues 

7 a final decision approving the issuance of a construc8 tion authorization for a repository under section 

9 114(d)(1) of the Nuclear Waste Policy Act of 1982 

10 (42 U.S.C. 10134(d)) (as so designated by this Act). 

11 (2) EXCEPTIONS.—Subsections (c), (e)(2)(A), 

12 (h), (i), and (j) shall take effect on the date of en13 actment of this Act. 

14 SEC. 202. APPLICATION PROCEDURES AND INFRASTRUC15 TURE ACTIVITIES. 

16 (a) STATUS REPORT ON APPLICATION.—Section 

17 114(c) of the Nuclear Waste Policy Act of 1982 (42 

18 U.S.C. 10134(c)) is amended by striking ‘‘the date on 

19 which such authorization is granted’’ and inserting ‘‘the 

20 date on which the Commission issues a final decision ap21 proving or disapproving such application’’. 

22 (b) APPLICATION PROCEDURES AND INFRASTRUC23 TURE ACTIVITIES.—Section 114(d) of the Nuclear Waste 

24 Policy Act of 1982 (42 U.S.C. 10134(d)) is amended— 


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1 (1) by striking ‘‘The Commission shall con2 sider’’ and inserting the following: 

3 ‘‘(1) APPLICATIONS FOR CONSTRUCTION AU4 THORIZATION.—The Commission shall consider’’; 

5 (2) by striking ‘‘the expiration of 3 years after 

6 the date of the submission of such application’’ and 

7 inserting ‘‘30 months after the date of enactment of 

8 the Nuclear Waste Policy Amendments Act of 

9 2019’’; 

10 (3) by striking ‘‘70,000 metric tons’’ each place 

11 it appears and inserting ‘‘110,000 metric tons’’; and 

12 (4) by adding at the end the following new 

13 paragraphs: 

14 ‘‘(2) APPLICATIONS TO AMEND.—If the Com15 mission issues a construction authorization for a re16 pository pursuant to paragraph (1) and the Sec17 retary submits an application to amend such author18 ization, the Commission shall consider the applica19 tion to amend using expedited, informal procedures, 

20 including discovery procedures that minimize the 

21 burden on the parties to produce documents. The 

22 Commission shall issue a final decision on such ap23 plication to amend within 1 year after the date of 

24 submission of such application, except that the Com25 mission may extend such deadline by not more than 


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1 6 months if, not less than 30 days before such dead2 line, the Commission complies with the reporting re3 quirements established in subsection (e)(2). 

4 ‘‘(3) INFRASTRUCTURE ACTIVITIES.— 

5 ‘‘(A) IN GENERAL.—At any time before or 

6 after the Commission issues a final decision ap7 proving or disapproving the issuance of a con8 struction authorization for a repository pursu9 ant to paragraph (1), the Secretary may under10 take infrastructure activities that the Secretary 

11 considers necessary or appropriate to support 

12 construction or operation of a repository at the 

13 Yucca Mountain site or transportation to such 

14 site of spent nuclear fuel and high-level radio15 active waste. Infrastructure activities include 

16 safety upgrades, site preparation, the construc17 tion of a rail line to connect the Yucca Moun18 tain site with the national rail network (includ19 ing any facilities to facilitate rail operations), 

20 and construction, upgrade, acquisition, or oper21 ation of electrical grids or facilities, other utili22 ties, communication facilities, access roads, and 

23 nonnuclear support facilities. 

24 ‘‘(B) ENVIRONMENTAL ANALYSIS.—If the 

25 Secretary determines that an environmental 


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1 analysis is required under the National Envi2 ronmental Policy Act of 1969 with respect to 

3 an infrastructure activity undertaken under this 

4 paragraph, the Secretary need not consider al5 ternative actions or a no-action alternative. To 

6 the extent any other Federal agency must con7 sider the potential environmental impact of 

8 such an infrastructure activity, the agency shall 

9 adopt, to the extent practicable, any environ10 mental analysis prepared by the Secretary 

11 under this subparagraph without further action. 

12 Such adoption satisfies the responsibilities of 

13 the adopting agency under the National Envi14 ronmental Policy Act of 1969, and no further 

15 action is required by the agency. 

16 ‘‘(C) NO GROUNDS FOR DISAPPROVAL.— 

17 The Commission may not disapprove, on the 

18 grounds that the Secretary undertook an infra19 structure activity under this paragraph— 

20 ‘‘(i) the issuance of a construction au21 thorization for a repository pursuant to 

22 paragraph (1); 

23 ‘‘(ii) a license to receive and possess 

24 spent nuclear fuel and high-level radio25 active waste; or 


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1 ‘‘(iii) any other action concerning the 

2 repository.’’. 

3 (c) CONNECTED ACTIONS.—Section 114(f)(6) of the 

4 Nuclear Waste Policy Act of 1982 (42 U.S.C. 

5 10134(f)(6)) is amended by striking ‘‘or nongeologic alter6 natives to such site’’ and inserting ‘‘nongeologic alter7 natives to such site, or an action connected or otherwise 

8 related to the repository to the extent the action is under9 taken outside the geologic repository operations area and 

10 does not require a license from the Commission’’. 

11 SEC. 203. PENDING REPOSITORY LICENSE APPLICATION. 

12 Nothing in this Act or the amendments made by this 

13 Act shall be construed to require the Secretary to amend 

14 or otherwise modify an application for a construction au15 thorization described in section 114(d) of the Nuclear 

16 Waste Policy Act of 1982 (42 U.S.C. 10134(d)) pending 

17 as of the date of enactment of this Act. 

18 SEC. 204. LIMITATION ON PLANNING, DEVELOPMENT, OR 

19 CONSTRUCTION OF DEFENSE WASTE REPOSI20 TORY. 

21 (a) LIMITATION.—The Secretary of Energy may not 

22 take any action relating to the planning, development, or 

23 construction of a defense waste repository until the date 

24 on which the Nuclear Regulatory Commission issues a 

25 final decision approving or disapproving the issuance of 


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1 a construction authorization for a repository under section 

2 114(d)(1) of the Nuclear Waste Policy Act of 1982 (42 

3 U.S.C. 10134(d)) (as so designated by this Act). 

4 (b) DEFINITIONS.—In this section— 

5 (1) the terms ‘‘atomic energy defense activity’’, 

6 ‘‘high-level radioactive waste’’, ‘‘repository’’, and 

7 ‘‘spent nuclear fuel’’ have the meanings given those 

8 terms in section 2 of the Nuclear Waste Policy Act 

9 of 1982 (42 U.S.C. 10101); and 

10 (2) the term ‘‘defense waste repository’’ means 

11 the repository for high-level radioactive waste and 

12 spent nuclear fuel derived from the atomic energy 

13 defense activities of the Department of Energy, as 

14 described in the draft plan of the Department titled 

15 ‘‘Draft Plan for a Defense Waste Repository’’ pub16 lished on December 16, 2016. 

17 SEC. 205. SENSE OF CONGRESS REGARDING TRANSPOR18 TATION ROUTES. 

19 It is the sense of Congress that the Secretary of En20 ergy should consider routes for the transportation of spent 

21 nuclear fuel or high-level radioactive waste transported by 

22 or for the Secretary under subtitle A of title I of the Nu23 clear Waste Policy Act of 1982 (42 U.S.C. 10131 et seq.) 

24 to the Yucca Mountain site that, to the extent practicable, 

25 avoid Las Vegas, Nevada. 


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1 TITLE III—DOE CONTRACT 

2 PERFORMANCE 

3 SEC. 301. TITLE TO MATERIAL. 

4 Section 123 of the Nuclear Waste Policy Act of 1982 

5 (42 U.S.C. 10143) is amended— 

6 (1) by striking ‘‘Delivery’’ and inserting ‘‘(a) IN

7 GENERAL.—Delivery’’; 

8 (2) by striking ‘‘repository constructed under 

9 this subtitle’’ and inserting ‘‘repository or monitored 

10 retrievable storage facility’’; and 

11 (3) by adding at the end the following new sub12 section: 

13 ‘‘(b) CONTRACT MODIFICATION.—The Secretary may 

14 enter into new contracts or negotiate modifications to ex15 isting contracts, with any person who generates or holds 

16 title to high-level radioactive waste or spent nuclear fuel 

17 of domestic origin, for acceptance of title, subsequent 

18 transportation, and storage of such high-level radioactive 

19 waste or spent nuclear fuel (including to expedite such ac20 ceptance of title, transportation, and storage of such waste 

21 or fuel from facilities that have ceased commercial oper22 ation) at a monitored retrievable storage facility author23 ized under subtitle C.’’. 


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1 TITLE IV—BENEFITS TO HOST 

2 COMMUNITY 

3 SEC. 401. CONSENT. 

4 Section 170 of the Nuclear Waste Policy Act of 1982 

5 (42 U.S.C. 10173) is amended— 

6 (1) in subsection (c), by striking ‘‘shall offer’’ 

7 and inserting ‘‘may offer’’; 

8 (2) in subsection (d), by striking ‘‘shall’’ and 

9 inserting ‘‘may’’; 

10 (3) in subsection (e)— 

11 (A) by inserting a comma after ‘‘reposi12 tory’’; and 

13 (B) by inserting ‘‘per State,’’ after ‘‘facil14 ity’’; and 

15 (4) by adding at the end the following new sub16 section: 

17 ‘‘(g) CONSENT.—The acceptance or use of any of the 

18 benefits provided under a benefits agreement under this 

19 section by the State of Nevada shall not be considered to 

20 be an expression of consent, express or implied, to the 

21 siting of a repository in such State.’’. 

22 SEC. 402. CONTENT OF AGREEMENTS. 

23 (a) BENEFITS SCHEDULE.—The table in section 

24 171(a)(1) of the Nuclear Waste Policy Act of 1982 (42 

25 U.S.C. 10173a(a)(1)) is amended to read as follows: 


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‘‘BENEFITS SCHEDULE 

Event MRS Repository 

(A) Annual payments 

prior to first spent 

fuel receipt ............. $5,000,000 $15,000,000

(B) Upon first spent 

fuel receipt ............. $10,000,000 $400,000,000

(C) Annual payments 

after first spent fuel 

receipt until closure 

of the facility .......... $10,000,000 $40,000,000’’. 

1 (b) RESTRICTIONS ON USE.—Section 171(a) of the 

2 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10173a(a)) 

3 is amended— 

4 (1) in paragraph (6), by striking ‘‘paragraph 

5 (7)’’ and inserting ‘‘paragraphs (7) and (8)’’; and 

6 (2) by adding at the end the following new 

7 paragraph: 

8 ‘‘(8) None of the payments under this section may 

9 be used— 

10 ‘‘(A) directly or indirectly to influence legisla11 tive action on any matter pending before Congress 

12 or a State legislature or for any lobbying activity as 

13 provided in section 1913 of title 18, United States 

14 Code; 

15 ‘‘(B) for litigation purposes; or 

16 ‘‘(C) to support multistate efforts or other coa17 lition-building activities inconsistent with the siting, 


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1 construction, or operation of the monitored retriev2 able storage facility or repository concerned.’’. 

3 (c) CONTENTS.—Section 171(b) of the Nuclear 

4 Waste Policy Act of 1982 (42 U.S.C. 10173a(b)) is 

5 amended— 

6 (1) by striking paragraph (2); 

7 (2) by redesignating paragraphs (3) through 

8 (5) as paragraphs (2) through (4), respectively; and 

9 (3) in paragraph (3) (as redesignated by para10 graph (2) of this subsection), by striking ‘‘in the de11 sign of the repository or monitored retrievable stor12 age facility and’’. 

13 (d) PAYMENTS BY SECRETARY.—Section 171(c) of 

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

15 10173a(c)) is amended to read as follows: 

16 ‘‘(c) PAYMENTS BY SECRETARY.—The Secretary 

17 shall make payments to the State of Nevada under a bene18 fits agreement concerning a repository under section 170 

19 from the Waste Fund. The signature of the Secretary on 

20 a valid benefits agreement under this subtitle shall con21 stitute a commitment, but only to the extent that all 

22 amounts for that purpose are provided in advance in sub23 sequent appropriations Acts, by the Secretary to make 

24 payments in accordance with such agreement.’’. 


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1 SEC. 403. COVERED UNITS OF LOCAL GOVERNMENT. 

2 (a) IN GENERAL.—The Nuclear Waste Policy Act of 

3 1982 (42 U.S.C. 10101 et seq.) is amended by inserting 

4 after section 172 the following new section: 

5 ‘‘SEC. 172A. COVERED UNITS OF LOCAL GOVERNMENT. 

6 ‘‘(a) BENEFITS AGREEMENT.—Not earlier than 1 

7 year after the date of enactment of this section, the Sec8 retary may enter into a benefits agreement with any cov9 ered unit of local government concerning a repository for 

10 the acceptance of high-level radioactive waste or spent nu11 clear fuel in the State of Nevada. 

12 ‘‘(b) CONTENT OF AGREEMENTS.—In addition to any 

13 benefits that a covered unit of local government may re14 ceive under this Act, the Secretary shall make payments 

15 to such covered unit of local government that is a party 

16 to a benefits agreement under subsection (a) to mitigate 

17 impacts described in section 175(b). 

18 ‘‘(c) PAYMENTS FROM WASTE FUND.—The Sec19 retary shall make payments to a covered unit of local gov20 ernment under a benefits agreement under this section 

21 from the Waste Fund. 

22 ‘‘(d) RESTRICTION ON USE.—None of the payments 

23 made pursuant to a benefits agreement under this section 

24 may be used— 

25 ‘‘(1) directly or indirectly to influence legislative 

26 action on any matter pending before Congress or a 


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1 State legislature or for any lobbying activity as pro2 vided in section 1913 of title 18, United States 

3 Code; 

4 ‘‘(2) for litigation purposes; or 

5 ‘‘(3) to support multistate efforts or other coali6 tion-building activities inconsistent with the siting, 

7 construction, or operation of the repository. 

8 ‘‘(e) CONSENT.—The acceptance or use of any of the 

9 benefits provided under a benefits agreement under this 

10 section by any covered unit of local government shall not 

11 be considered to be an expression of consent, express or 

12 implied, to the siting of a repository in the State of Ne13 vada. 

14 ‘‘(f) COVERED UNIT OF LOCAL GOVERNMENT DE15 FINED.—In this section, the term ‘covered unit of local 

16 government’ means— 

17 ‘‘(1) any affected unit of local government with 

18 respect to a repository; and 

19 ‘‘(2) any unit of general local government in the 

20 State of Nevada.’’. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) BENEFITS AGREEMENT.—Section 170(a)(4) 

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

24 10173(a)(4)) is amended to read as follows: 


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1 ‘‘(4) Benefits and payments under this subtitle made 

2 available pursuant to a benefits agreement under this sec3 tion or section 172A may be made available only in accord4 ance with such benefits agreement and to the extent that 

5 all amounts for that purpose are provided in advance in 

6 subsequent appropriations Acts.’’. 

7 (2) LIMITATION.—Section 170(e) of the Nu8 clear Waste Policy Act of 1982 (42 U.S.C. 

9 10173(e)) is further amended by inserting ‘‘under 

10 this section’’ after ‘‘may be in effect’’. 

11 (3) TABLE OF CONTENTS.—The table of con12 tents for the Nuclear Waste Policy Act of 1982 (42 

13 U.S.C. 10101 note) is amended by adding after the 

14 item relating to section 172, the following: 

‘‘Sec. 172A. Covered units of local government.’’. 

15 SEC. 404. TERMINATION. 

16 Section 173 of the Nuclear Waste Policy Act of 1982 

17 (42 U.S.C. 10173c) is amended— 

18 (1) in subsection (a)— 

19 (A) by striking ‘‘under this title if’’ and in20 serting ‘‘under this title’’; 

21 (B) in paragraph (1), by inserting ‘‘con22 cerning a repository or a monitored retrievable 

23 storage facility, if’’ before ‘‘the site under con24 sideration’’; and 


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1 (C) in paragraph (2), by striking ‘‘the Sec2 retary determines that the Commission cannot 

3 license the facility within a reasonable time’’ 

4 and inserting ‘‘concerning a repository, if the 

5 Commission issues a final decision disapproving 

6 the issuance of a construction authorization for 

7 a repository under section 114(d)(1)’’; and 

8 (2) by amending subsection (b) to read as fol9 lows: 

10 ‘‘(b) TERMINATION BY STATE OR INDIAN TRIBE.— 

11 A State, covered unit of local government (as defined in 

12 section 172A), or Indian tribe may only terminate a bene13 fits agreement under this title— 

14 ‘‘(1) concerning a repository or a monitored re15 trievable storage facility, if the Secretary disqualifies 

16 the site under consideration for its failure to comply 

17 with technical requirements established by the Sec18 retary in accordance with this Act; or 

19 ‘‘(2) concerning a repository, if the Commission 

20 issues a final decision disapproving the issuance of 

21 a construction authorization for a repository under 

22 section 114(d)(1).’’. 


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1 SEC. 405. PRIORITY FUNDING FOR CERTAIN INSTITUTIONS 

2 OF HIGHER EDUCATION. 

3 (a) IN GENERAL.—Subtitle G of the Nuclear Waste 

4 Policy Act of 1982 (42 U.S.C. 10174 et seq.) is amended 

5 by adding at the end the following new section: 

6 ‘‘SEC. 176. PRIORITY FUNDING FOR CERTAIN INSTITUTIONS 

7 OF HIGHER EDUCATION. 

8 ‘‘(a) IN GENERAL.—In providing any funding to in9 stitutions of higher education from the Waste Fund, the 

10 Secretary shall prioritize institutions of higher education 

11 that are located in the State of Nevada. 

12 ‘‘(b) DEFINITION.—In this section, the term ‘institu13 tion of higher education’ has the meaning given that term 

14 in section 101 of the Higher Education Act of 1965 (20 

15 U.S.C. 1001).’’. 

16 (b) CONFORMING AMENDMENT.—The table of con17 tents for the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

18 10101 note) is amended by adding after the item relating 

19 to section 175, the following: 

‘‘Sec. 176. Priority funding for certain institutions of higher education.’’. 

20 SEC. 406. DISPOSAL OF SPENT NUCLEAR FUEL. 

21 Section 122 of the Nuclear Waste Policy Act of 1982 

22 (42 U.S.C. 10142) is amended by adding at the end the 

23 following: ‘‘Any economic benefits derived from the re24 trieval of spent nuclear fuel pursuant to this section shall 

25 be shared with the State in which the repository is located, 


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1 affected units of local government, and affected Indian 

2 tribes.’’. 

3 SEC. 407. UPDATED REPORT. 

4 Section 175(a) of the Nuclear Waste Policy Act of 

5 1982 (42 U.S.C. 10174a(a)) is amended by striking ‘‘Nu6 clear Waste Policy Amendments Act of 1987’’ and insert7 ing ‘‘Nuclear Waste Policy Amendments Act of 2019’’. 

8 TITLE V—FUNDING 

9 SEC. 501. ASSESSMENT AND COLLECTION OF FEES. 

10 (a) IN GENERAL.—Section 302(a)(4) of the Nuclear 

11 Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)) is 

12 amended— 

13 (1) in the first sentence— 

14 (A) by striking ‘‘(4) Not later than’’ and 

15 inserting the following: 

16 ‘‘(4) ASSESSMENT, COLLECTION, AND PAYMENT

17 OF FEES.— 

18 ‘‘(A) ASSESSMENT OF FEES.—Not later 

19 than’’; 

20 (B) by striking ‘‘the date of enactment of 

21 this Act’’ and inserting ‘‘the date of enactment 

22 of the Nuclear Waste Policy Amendments Act 

23 of 2019’’; and 

24 (C) by striking ‘‘collection and payment’’ 

25 and inserting ‘‘assessment’’; 


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1 (2) in the second sentence, by striking ‘‘collec2 tion of the fee’’ and inserting ‘‘such amount’’; 

3 (3) in the third sentence, by striking ‘‘are being 

4 collected’’ and inserting ‘‘will result from such 

5 amounts’’; 

6 (4) in the fifth sentence, by striking ‘‘a period 

7 of 90 days of continuous session’’ and all that fol8 lows through the period at the end and inserting 

9 ‘‘the date that is 180 days after the date of such 

10 transmittal.’’; and 

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

12 ‘‘(B) COLLECTION AND PAYMENT OF

13 FEES.— 

14 ‘‘(i) IN GENERAL.—Not later than 

15 180 days after the date of enactment of 

16 Nuclear Waste Policy Amendments Act of 

17 2019, the Secretary shall establish proce18 dures for the collection and payment of the 

19 fees established by paragraph (2) and 

20 paragraph (3), or adjusted pursuant to 

21 subparagraph (A). 

22 ‘‘(ii) LIMITATION ON COLLECTION.— 

23 The Secretary may not collect a fee estab24 lished under paragraph (2), including a fee 


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1 established under paragraph (2) and ad2 justed pursuant to subparagraph (A)— 

3 ‘‘(I) until the date on which the 

4 Commission issues a final decision ap5 proving or disapproving the issuance 

6 of a construction authorization for a 

7 repository under section 114(d)(1); 

8 and 

9 ‘‘(II) after such date, in an 

10 amount that will cause the total 

11 amount of fees collected under this 

12 subsection in any fiscal year to exceed 

13 90 percent of the amounts appro14 priated for that fiscal year for pur15 poses described in subsection (d). 

16 The limitation in subclause (II) shall not 

17 apply during a fiscal year if, at any time 

18 during that fiscal year, the Waste Fund 

19 has a balance of zero. 

20 ‘‘(iii) PAYMENT OF FULL AMOUNTS.— 

21 Notwithstanding the noncollection of a fee 

22 by the Secretary pursuant to clause (ii) in 

23 any fiscal year, a person who has entered 

24 into a contract with the Secretary under 

25 this subsection shall pay any uncollected 


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1 amounts when determined necessary by the 

2 Secretary, subject to clause (ii), for pur3 poses described in subsection (d).’’. 

4 (b) AUTHORITY TO MODIFY CONTRACTS.—The Sec5 retary of Energy may seek to modify a contract entered 

6 into under section 302(a) of the Nuclear Waste Policy Act 

7 of 1982 (42 U.S.C. 10222(a)) before the date of enact8 ment of this Act to ensure that the contract complies with 

9 the provisions of such section, as amended by this Act. 

10 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

11 Section 302(a) of the Nuclear Waste Policy Act of 1982 

12 (42 U.S.C. 10222(a)) is amended— 

13 (1) in paragraph (1), by striking ‘‘paragraphs 

14 (2) and (3)’’ and inserting ‘‘paragraphs (2), (3), and 

15 (4)’’; 

16 (2) in paragraph (3), by striking ‘‘126(b)’’; and 

17 (3) in paragraph (4), by striking ‘‘insure’’ and 

18 inserting ‘‘ensure’’. 

19 SEC. 502. USE OF WASTE FUND. 

20 (a) IN GENERAL.—Section 302(d) of the Nuclear 

21 Waste Policy Act of 1982 (42 U.S.C. 10222(d)) is amend22 ed— 

23 (1) in paragraph (1), by striking ‘‘maintenance 

24 and monitoring’’ and all that follows through the 

25 semicolon at the end and inserting ‘‘maintenance 


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1 and monitoring of any repository or test and evalua2 tion facility constructed under this Act;’’; 

3 (2) in paragraph (4), by striking ‘‘to be dis4 posed of’’ and all that follows through the semicolon 

5 at the end and inserting ‘‘to be disposed of in a re6 pository or to be used in a test and evaluation facil7 ity;’’; 

8 (3) in paragraph (5), by striking ‘‘at a reposi9 tory site’’ and all that follows through the end and 

10 inserting ‘‘at a repository site or a test and evalua11 tion facility site and necessary or incident to such 

12 repository or test and evaluation facility;’’; 

13 (4) in paragraph (6), by striking the period at 

14 the end and inserting ‘‘; and’’; and 

15 (5) by inserting after paragraph (6) the fol16 lowing: 

17 ‘‘(7) payments under benefits agreements for a 

18 repository entered into under section 170 or 172A.’’. 

19 (b) CONFORMING AMENDMENTS.—Section 117(d) of 

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

21 10137(d)) is amended by inserting ‘‘designated with re22 spect to a repository’’ after ‘‘such representatives’’. 


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1 SEC. 503. ANNUAL MULTIYEAR BUDGET PROPOSAL. 

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

3 of 1982 (42 U.S.C. 10222(e)(2)) is amended by striking 

4 ‘‘triennially’’ and inserting ‘‘annually’’. 

5 SEC. 504. AVAILABILITY OF CERTAIN AMOUNTS. 

6 Section 302 of the Nuclear Waste Policy Act of 1982 

7 (42 U.S.C. 10222) is amended by adding at the end the 

8 following: 

9 ‘‘(f) LIMITATION ON FUNDING.— 

10 ‘‘(1) IN GENERAL.—Beginning on the date of 

11 first spent fuel receipt at a repository, no amount 

12 may be appropriated in any fiscal year for activities 

13 relating to the repository, including transportation 

14 of additional spent fuel to the repository and oper15 ation of the repository, unless the applicable amount 

16 required with respect to the repository under section 

17 171(a)(1)(B) or section 171(a)(1)(C) is appropriated 

18 for that fiscal year. 

19 ‘‘(2) DEFINITION.—In this subsection, the 

20 terms ‘spent fuel’ and ‘first spent fuel receipt’ have 

21 the meaning given such terms in section 171(a). 

22 ‘‘(g) OFFSETTING FUNDING.— 

23 ‘‘(1) IN GENERAL.—Fees collected after the 

24 date of enactment of the Nuclear Waste Policy 

25 Amendments Act of 2019 pursuant to subsection (a) 

26 shall be credited to the Waste Fund and available, 


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1 to the extent provided in advance in appropriation 

2 Acts and consistent with the requirements of this 

3 section, to carry out activities authorized to be fund4 ed from the Waste Fund. 

5 ‘‘(2) OFFSETTING COLLECTION.—Fees collected 

6 in a fiscal year pursuant to paragraph (1) shall be 

7 deposited and credited as offsetting collections to the 

8 account providing appropriations for such activities 

9 and shall be classified as discretionary appropria10 tions as defined by section 250(c)(7) of the Balanced 

11 Budget and Emergency Deficit Control Act of 1985 

12 (2 U.S.C. 900(c)(7)). 

13 ‘‘(3) ESTIMATES.—For the purposes of the Bal14 anced Budget and Emergency Deficit Control Act of 

15 1985 (2 U.S.C. 900 et seq.) and the Congressional 

16 Budget Act of 1974 (2 U.S.C. 621 et seq.) and for 

17 determining points of order pursuant to that Act or 

18 any concurrent resolution on the budget, an estimate 

19 provided under those Acts for a provision in a bill 

20 or joint resolution, or amendment thereto or con21 ference report thereon, that provides discretionary 

22 appropriations, derived from amounts in the Waste 

23 Fund, for such activities shall include in that esti24 mate the amount of such fees that will be collected 

25 during the fiscal year for which such appropriation 


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1 is made available. Any such estimate shall not in2 clude any change in net direct spending as result in 

3 the appropriation of such fees.’’. 

4 TITLE VI—MISCELLANEOUS 

5 SEC. 601. CERTAIN STANDARDS AND CRITERIA. 

6 (a) GENERALLY APPLICABLE STANDARDS AND CRI7 TERIA.— 

8 (1) ENVIRONMENTAL PROTECTION AGENCY

9 STANDARDS.— 

10 (A) DETERMINATION AND REPORT.—Not 

11 later than 2 years after the Nuclear Regulatory 

12 Commission has issued a final decision approv13 ing or disapproving the issuance of a construc14 tion authorization for a repository under section 

15 114(d)(1) of the Nuclear Waste Policy Act of 

16 1982 (42 U.S.C. 10134(d)) (as so designated 

17 by this Act), the Administrator of the Environ18 mental Protection Agency shall— 

19 (i) determine if the generally applica20 ble standards promulgated under section 

21 121(a) of the Nuclear Waste Policy Act of 

22 1982 (42 U.S.C. 10141(a)) should be up23 dated; and 

24 (ii) submit to Congress a report on 

25 such determination. 


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1 (B) RULE.—If the Administrator of the 

2 Environmental Protection Agency determines, 

3 under subparagraph (A), that the generally ap4 plicable standards promulgated under section 

5 121(a) of the Nuclear Waste Policy Act of 1982 

6 (42 U.S.C. 10141(a)) should be updated, the 

7 Administrator, not later than 2 years after sub8 mission of the report under subparagraph 

9 (A)(ii), shall, by rule, promulgate updated gen10 erally applicable standards under such section. 

11 (2) COMMISSION REQUIREMENTS AND CRI12 TERIA.—Not later than 2 years after the Adminis13 trator of the Environmental Protection Agency pro14 mulgates updated generally applicable standards 

15 pursuant to paragraph (1)(B), the Commission shall, 

16 by rule, promulgate updated technical requirements 

17 and criteria under section 121(b) of the Nuclear 

18 Waste Policy Act of 1982 (42 U.S.C. 10141(b)) as 

19 necessary to be consistent with such updated gen20 erally applicable standards. 

21 (b) SITE-SPECIFIC STANDARDS AND CRITERIA.— 

22 Nothing in this section shall affect the standards, tech23 nical requirements, and criteria promulgated by the Ad24 ministrator of the Environmental Protection Agency and 

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1 tain site under section 801 of the Energy Policy Act of 

2 1992 (42 U.S.C. 10141 note). 

3 SEC. 602. APPLICATION. 

4 Section 135 of the Nuclear Waste Policy Act of 1982 

5 (42 U.S.C. 10155) is amended by striking subsection (h) 

6 and redesignating subsection (i) as subsection (h). 

7 SEC. 603. TRANSPORTATION SAFETY ASSISTANCE. 

8 Section 180(c) of the Nuclear Waste Policy Act of 

9 1982 (42 U.S.C. 10175(c)) is amended— 

10 (1) by striking ‘‘(c) The Secretary’’ and insert11 ing the following: 

12 ‘‘(c) TRAINING AND ASSISTANCE.— 

13 ‘‘(1) TRAINING.—The Secretary’’; and 

14 (2) by striking ‘‘The Waste Fund’’ and insert15 ing the following: 

16 ‘‘(2) ASSISTANCE.—The Secretary shall, subject 

17 to the availability of appropriations, provide in-kind, 

18 financial, technical, and other appropriate assist19 ance, for safety activities related to the transpor20 tation of high-level radioactive waste or spent nu21 clear fuel, to any entity receiving technical assist22 ance or funds under paragraph (1). 

23 ‘‘(3) SOURCE OF FUNDING.—The Waste 

24 Fund’’. 


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1 SEC. 604. OFFICE OF SPENT NUCLEAR FUEL. 

2 (a) AMENDMENT TO THE NUCLEAR WASTE POLICY

3 ACT OF 1982.—Section 304 of the Nuclear Waste Policy 

4 Act of 1982 (42 U.S.C. 10224(b)) is amended— 

5 (1) in the heading, by striking ‘‘OFFICE OF CI6 VILIAN RADIOACTIVE WASTE MANAGEMENT’’ and in7 serting ‘‘OFFICE OF SPENT NUCLEAR FUEL’’; 

8 (2) in subsection (a), by striking ‘‘Office of Ci9 vilian Radioactive Waste Management’’ and insert10 ing ‘‘Office of Spent Nuclear Fuel’’; and 

11 (3) by amending subsection (b) to read as fol12 lows: 

13 ‘‘(b) DIRECTOR.— 

14 ‘‘(1) FUNCTIONS.—The Director of the Office 

15 shall be responsible for carrying out the functions of 

16 the Secretary under this Act. The Director of the 

17 Office shall report directly to the Secretary. 

18 ‘‘(2) QUALIFICATIONS.—The Director of the 

19 Office shall be appointed from among persons who 

20 have extensive expertise and experience in organiza21 tional and project management. 

22 ‘‘(3) REMOVAL.—The President may remove 

23 the Director only for inefficiency, neglect of duty, or 

24 malfeasance in office. If the President removes the 

25 Director, the President shall submit to Congress a 

26 statement explaining the reason for such removal.’’. 


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1 (b) TRANSFER OF FUNCTIONS.— 

2 (1) AMENDMENT.—Section 203(a) of the De3 partment of Energy Organization Act (42 U.S.C. 

4 7133(a)) is amended by striking paragraph (8). 

5 (2) TRANSFER OF FUNCTIONS.—The functions 

6 described in the paragraph (8) stricken by the 

7 amendment made by paragraph (1) shall be trans8 ferred to and performed by the Office of Spent Nu9 clear Fuel, as provided in section 304 of the Nuclear 

10 Waste Policy Act of 1982 (42 U.S.C. 10224). 

11 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 The Nuclear Waste Policy Act of 1982 is amended— 

13 (1) in the table of contents, by amending the 

14 item relating to section 304 to read as follows: 

‘‘Sec. 304. Office of Spent Nuclear Fuel.’’; 

15 and 

16 (2) in section 2(17) (42 U.S.C. 10101(17)), by 

17 striking ‘‘Office of Civilian Radioactive Waste Man18 agement established in section 305’’ and inserting 

19 ‘‘Office of Spent Nuclear Fuel established in section 

20 304’’. 

21 (d) REFERENCES.—Any reference to the Office of Ci22 vilian Radioactive Waste Management in any law, regula23 tion, document, record, executive order, or other paper of 

24 the United States shall be deemed to be a reference to 

25 the Office of Spent Nuclear Fuel. 


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1 SEC. 605. SUBSEABED OR OCEAN WATER DISPOSAL. 

2 (a) PROHIBITION.—Section 5 of the Nuclear Waste 

3 Policy Act of 1982 (42 U.S.C. 10104) is amended— 

4 (1) by striking ‘‘Nothing in this Act’’ and in5 serting: 

6 ‘‘(a) EFFECT ON MARINE PROTECTION, RESEARCH, 

7 AND SANCTUARIES ACT OF 1972.—Nothing in this Act’’; 

8 and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(b) SUBSEABED OR OCEAN WATER DISPOSAL.— 

12 Notwithstanding any other provision of law— 

13 ‘‘(1) the subseabed or ocean water disposal of 

14 spent nuclear fuel or high-level radioactive waste is 

15 prohibited; and 

16 ‘‘(2) no funds shall be obligated for any activity 

17 relating to the subseabed or ocean water disposal of 

18 spent nuclear fuel or high-level radioactive waste.’’. 

19 (b) REPEAL.—Section 224 of the Nuclear Waste Pol20 icy Act of 1982, and the item relating thereto in the table 

21 of contents for such Act, are repealed. 

22 SEC. 606. BUDGETARY EFFECTS. 

23 (a) STATUTORY PAYGO SCORECARDS.—The budg24 etary effects of this Act and the amendments made by this 

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1 tained pursuant to section 4(d) of the Statutory Pay-As2 You-Go Act of 2010. 

3 (b) SENATE PAYGO SCORECARDS.—The budgetary 

4 effects of this Act and the amendments made by this Act 

5 shall not be entered on any PAYGO scorecard maintained 

6 for purposes of section 4106 of H. Con. Res. 71 (115th 

7 Congress). 

8 SEC. 607. REQUIREMENT FOR FINANCIAL STATEMENTS 

9 SUMMARY. 

10 The Department of Energy shall include a financial 

11 statements summary in each audit report on the Depart12 ment of Energy Nuclear Waste Fund’s fiscal year finan13 cial statement audit. 

14 SEC. 608. STRANDED NUCLEAR WASTE. 

15 (a) STRANDED NUCLEAR WASTE TASK FORCE.— 

16 (1) ESTABLISHMENT.—The Secretary shall es17 tablish a task force, to be known as the Stranded 

18 Nuclear Waste Task Force— 

19 (A) to conduct a study on existing public 

20 and private resources and funding for which af21 fected communities may be eligible; and 

22 (B) to develop immediate and long-term 

23 economic adjustment plans tailored to the needs 

24 of each affected community. 


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1 (2) STUDY.—Not later than 180 days after the 

2 date of enactment of this Act, the Stranded Nuclear 

3 Waste Task Force shall complete and submit to 

4 Congress the study described in paragraph (1). 

5 (b) DEFINITIONS.—In this section: 

6 (1) AFFECTED COMMUNITY.—The term ‘‘af7 fected community’’ means a municipality that con8 tains stranded nuclear waste within the boundaries 

9 of the municipality, as determined by the Secretary. 

10 (2) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Energy. 

12 (3) STRANDED NUCLEAR WASTE.—The term 

13 ‘‘stranded nuclear waste’’ means nuclear waste or 

14 spent nuclear fuel stored in dry casks or spent fuel 

15 pools at a decommissioned or decommissioning nu16 clear facility. 

Æ 


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