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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3469 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3469

  To establish a new organization to manage nuclear waste, provide a 
consensual process for siting nuclear waste facilities, ensure adequate 
      funding for managing nuclear waste, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2012

 Mr. Bingaman introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To establish a new organization to manage nuclear waste, provide a 
consensual process for siting nuclear waste facilities, ensure adequate 
      funding for managing nuclear waste, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Nuclear Waste 
Administration Act of 2012''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--FINDINGS, PURPOSES, AND DEFINITIONS

Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
                 TITLE II--NUCLEAR WASTE ADMINISTRATION

Sec. 201. Establishment.
Sec. 202. Principal officers.
Sec. 203. Other officers.
Sec. 204. Inspector General.
Sec. 205. Nuclear Waste Oversight Board.
Sec. 206. Conforming amendments.
                          TITLE III--FUNCTIONS

Sec. 301. Transfer of functions.
Sec. 302. Transfer of contracts.
Sec. 303. Additional functions.
Sec. 304. Siting nuclear waste facilities.
Sec. 305. Licensing nuclear waste facilities.
Sec. 306. Limitation on storage.
Sec. 307. Defense waste.
Sec. 308. Transportation.
                TITLE IV--FUNDING AND LEGAL PROCEEDINGS

Sec. 401. Working Capital Fund.
Sec. 402. Nuclear Waste Fund.
Sec. 403. Full cost recovery.
Sec. 404. Judicial review.
Sec. 405. Litigation authority.
Sec. 406. Liabilities.
             TITLE V--ADMINISTRATIVE AND SAVINGS PROVISIONS

Sec. 501. Administrative powers of Administrator.
Sec. 502. Personnel.
Sec. 503. Offices.
Sec. 504. Mission plan.
Sec. 505. Annual reports.
Sec. 506. Savings provisions; terminations.
Sec. 507. Technical assistance in the field of spent fuel storage and 
                            disposal.
Sec. 508. Nuclear Waste Technical Review Board.
Sec. 509. Repeal of volume limitation.

              TITLE I--FINDINGS, PURPOSES, AND DEFINITIONS

SEC. 101. FINDINGS.

    Congress finds that--
            (1) the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 
        et seq.)--
                    (A) made the Federal Government responsible for 
                providing for the permanent disposal of nuclear waste;
                    (B) vested the responsibility for siting, 
                constructing, and operating a permanent geologic 
                repository for the disposal of nuclear waste in the 
                Secretary of Energy; and
                    (C) required the Secretary to enter into binding 
                contracts with the generators and owners of nuclear 
                waste pursuant to which the Secretary is obligated to 
                have begun disposing of the nuclear waste in a 
                repository not later than January 31, 1998;
            (2) in 1987, Congress designated the Yucca Mountain site as 
        the site for the repository and precluded consideration of 
        other sites;
            (3) in 2002, the Secretary found the Yucca Mountain site to 
        be suitable for the development of the repository, the 
        President recommended the site to Congress, and Congress 
        enacted a joint resolution approving the Yucca Mountain site 
        for the repository;
            (4) in 2008, the Secretary applied to the Nuclear 
        Regulatory Commission for a license to construct a repository 
        at the Yucca Mountain site;
            (5) in 2009, the Secretary found the Yucca Mountain site to 
        be unworkable and abandoned efforts to construct a repository;
            (6) in 2010, the Secretary, at the request of the 
        President, established the Blue Ribbon Commission on America's 
        Nuclear Future to conduct a comprehensive review of the nuclear 
        waste management policies of the United States and recommend a 
        new strategy for managing the nuclear waste of the United 
        States; and
            (7) the Blue Ribbon Commission has recommended that 
        Congress establish a new nuclear waste management organization 
        and adopt a new consensual approach to siting nuclear waste 
        management facilities.

SEC. 102. PURPOSES.

    The purposes of this Act are--
            (1) to establish a new nuclear waste management 
        organization;
            (2) to transfer to the new organization the functions of 
        the Secretary relating to the siting, licensing, construction, 
        and operation of nuclear waste management facilities;
            (3) to establish a new consensual process for the siting of 
        nuclear waste management facilities;
            (4) to provide for centralized storage of nuclear waste 
        pending completion of a repository; and
            (5) to ensure that--
                    (A) the generators and owners of nuclear waste pay 
                the full cost of the program; and
                    (B) funds collected for the program are used for 
                that purpose.

SEC. 103. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        Nuclear Waste Administration established by section 201.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Administration.
            (3) Affected indian tribe.--The term ``affected Indian 
        tribe'' means any Indian tribe--
                    (A) within the reservation boundaries of which a 
                repository or storage facility is proposed to be 
                located; or
                    (B) that has federally defined possessory or usage 
                rights to other land outside of the reservation 
                boundaries that--
                            (i) arise out of a congressionally ratified 
                        treaty; and
                            (ii) the Secretary of the Interior finds, 
                        on petition of an appropriate governmental 
                        official of the Indian tribe, may be 
                        substantially and adversely affected by the 
                        repository or storage facility.
            (4) Affected unit of general local government.--
                    (A) In general.--The term ``affected unit of 
                general local government'' means the unit of general 
                local government that has jurisdiction over the site of 
                a repository or storage facility.
                    (B) Inclusion.--The term ``affected unit of general 
                local government'' may include, at the discretion of 
                the Administrator, units of general local government 
                that are contiguous with the unit that has jurisdiction 
                over the site of a repository or storage facility.
            (5) Civilian nuclear power reactor.--The term ``civilian 
        nuclear power reactor'' has the meaning given the term in 
        section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10101).
            (6) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (7) Contract holder.--The term ``contract holder'' means 
        any person who--
                    (A) generates or holds title to nuclear waste 
                generated at a civilian nuclear power reactor; and
                    (B) has entered into a contract for the disposal of 
                nuclear waste under section 302(a) of the Nuclear Waste 
                Policy Act of 1982 (42 U.S.C. 10222(a)) or this Act.
            (8) Defense waste.--The term ``defense waste'' means 
        nuclear waste generated by an atomic energy defense activity 
        (as defined in section 2 of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10101)).
            (9) Disposal.--The term ``disposal'' has the meaning given 
        the term in section 2 of the Nuclear Waste Policy Act of 1982 
        (42 U.S.C. 10101).
            (10) High-level radioactive waste.--The term ``high-level 
        radioactive waste'' has the meaning given the term in section 2 
        of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
            (11) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 2 of the Nuclear Waste Policy 
        Act of 1982 (42 U.S.C. 10101).
            (12) Nuclear waste.--The term ``nuclear waste'' means--
                    (A) spent nuclear fuel; and
                    (B) high-level radioactive waste.
            (13) Nuclear waste activities.--The term ``nuclear waste 
        activities'' has the meaning given the term in section 11 of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2014).
            (14) Nuclear waste facility.--The term ``nuclear waste 
        facility'' means--
                    (A) a repository; and
                    (B) a storage facility.
            (15) Nuclear waste fund.--The term ``Nuclear Waste Fund'' 
        means the separate fund in the Treasury established by section 
        302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10222(c)).
            (16) Oversight board.--The term ``Oversight Board'' means 
        the Nuclear Waste Oversight Board established by section 205.
            (17) Public liability.--The term ``public liability'' has 
        the meaning given the term in section 11 of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2014).
            (18) Repository.--The term ``repository'' has the meaning 
        given the term in section 2 of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10101).
            (19) Reservation.--The term ``reservation'' has the meaning 
        given the term in section 2 of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10101).
            (20) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (21) Site characterization.--
                    (A) In general.--The term ``site characterization'' 
                means the site-specific activities that the 
                Administrator determines necessary to support an 
                application to the Commission for a license to 
                construct a repository or storage facility under 
                section 305(c).
                    (B) Repository site characterization.--In the case 
                of a site for a repository, the term ``site 
                characterization'' may include borings, surface 
                excavations, excavations of exploratory shafts, limited 
                subsurface lateral excavations and borings, and in situ 
                testing needed to evaluate the suitability of a 
                candidate site for the location of a repository.
                    (C) Storage site characterization.--In the case of 
                a site for an above-ground storage facility, the term 
                ``site characterization'' does not include subsurface 
                borings and excavations that the Administrator 
                determines are uniquely associated with underground 
                disposal and unnecessary to evaluate the suitability of 
                a candidate site for the location of an above-ground 
                storage facility.
                    (D) Preliminary activities.--The term ``site 
                characterization'' does not include preliminary borings 
                and geophysical testing needed to assess whether site 
                characterization should be undertaken.
            (22) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
        has the meaning given the term in section 2 of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101).
            (23) Storage.--The term ``storage'' means the temporary 
        retention of nuclear waste pending the disposal of the nuclear 
        waste in a repository.
            (24) Storage facility.--The term ``storage facility'' means 
        a facility for the storage of nuclear waste from multiple 
        contract holders or the Secretary pending the disposal of the 
        spent nuclear fuel in a repository.
            (25) Test and evaluation facility.--The term ``test and 
        evaluation facility'' means an at-depth, prototypic underground 
        cavity used to develop data and experience for the safe 
        handling and disposal of nuclear waste in a repository.
            (26) Unit of general local government.--The term ``unit of 
        general local government'' has the meaning given the term in 
        section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10101).
            (27) Working capital fund.--The term ``Working Capital 
        Fund'' means the Nuclear Waste Administration Working Capital 
        Fund established by section 401.

                 TITLE II--NUCLEAR WASTE ADMINISTRATION

SEC. 201. ESTABLISHMENT.

    (a) Establishment.--There is established an independent agency in 
the executive branch to be known as the ``Nuclear Waste 
Administration''.
    (b) Purpose.--The purposes of the Administration are--
            (1) to discharge the responsibility of the Federal 
        Government to provide for the permanent disposal of nuclear 
        waste;
            (2) to protect the public health and safety and the 
        environment in discharging the responsibility under paragraph 
        (1); and
            (3) to ensure that the costs of activities under paragraph 
        (1) are borne by the persons responsible for generating the 
        nuclear waste.

SEC. 202. PRINCIPAL OFFICERS.

    (a) Administrator.--
            (1) Appointment.--There shall be at the head of the 
        Administration a Nuclear Waste Administrator, who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate, from among persons who are, by reason of 
        education, experience, and attainments, exceptionally well 
        qualified to perform the duties of the Administrator.
            (2) Functions and powers.--The functions and powers of the 
        Administration shall be vested in and exercised by the 
        Administrator.
            (3) Supervision and direction.--The Administration shall be 
        administrated under the supervision and direction of the 
        Administrator, who shall be responsible for the efficient and 
        coordinated management of the Administration.
            (4) Delegation.--The Administrator may, from time to time 
        and to the extent permitted by law, delegate such functions of 
        the Administrator as the Administrator determines to be 
        appropriate.
            (5) Compensation.--The President shall fix the total annual 
        compensation of the Administrator in an amount that--
                    (A) is sufficient to recruit and retain a person of 
                demonstrated ability and achievement in managing large 
                corporate or governmental organizations; and
                    (B) does not exceed the total annual compensation 
                paid to the Chief Executive Officer of the Tennessee 
                Valley Authority.
    (b) Deputy Administrator.--
            (1) Appointment.--There shall be in the Administration a 
        Deputy Administrator, who shall be appointed by the President, 
        by and with the advice and consent of the Senate, from among 
        persons who are, by reason of education, experience, and 
        attainments, exceptionally well qualified to perform the duties 
        of the Deputy Administrator.
            (2) Duties.--The Deputy Administrator shall--
                    (A) perform such functions as the Administrator 
                shall from time to time assign or delegate; and
                    (B) act as the Administrator during the absence or 
                disability of the Administrator or in the event of a 
                vacancy in the office of the Administrator.
            (3) Compensation.--The President shall fix the total annual 
        compensation of the Deputy Administrator in an amount that--
                    (A) is sufficient to recruit and retain a person of 
                demonstrated ability and achievement in managing large 
                corporate or governmental organizations; and
                    (B) does not exceed the total annual compensation 
                paid to the Administrator.

SEC. 203. OTHER OFFICERS.

    (a) Establishment.--There shall be in the Administration--
            (1) a General Counsel;
            (2) a Chief Financial Officer, who shall be appointed from 
        among individuals who possess demonstrated ability in general 
        management of, and knowledge of and extensive practical 
        experience in, financial management practices in large 
        governmental or business entities; and
            (3) not more than 3 Assistant Administrators, who shall 
        perform such functions as the Administrator shall specify from 
        time to time.
    (b) Appointment.--Officers appointed under this section shall--
            (1) be appointed by the Administrator;
            (2) be considered career appointees; and
            (3) be subject to section 161 d. of the Atomic Energy Act 
        of 1954 (42 U.S.C. 2201(d)).
    (c) Order of Succession.--The Administrator may designate the order 
in which the officers appointed pursuant to this section shall act for, 
and perform the functions of, the Administrator during the absence or 
disability of the Administrator and the Deputy Administrator or in the 
event of vacancies in the offices of the Administrator and the Deputy 
Administrator.

SEC. 204. INSPECTOR GENERAL.

    There shall be in the Administration an Inspector General, who 
shall be appointed by the President, by and with the advice and consent 
of the Senate, in accordance with section 3 of the Inspector General 
Act of 1978 (5 U.S.C. App.).

SEC. 205. NUCLEAR WASTE OVERSIGHT BOARD.

    (a) Establishment.--There is established an independent 
establishment in the executive branch, to be known as the ``Nuclear 
Waste Oversight Board'', to oversee the administration of this Act and 
protect the public interest in the implementation of this Act.
    (b) Members.--The Oversight Board shall consist of--
            (1) the Deputy Director of the Office of Management and 
        Budget;
            (2) the Chief of Engineers of the Army Corps of Engineers; 
        and
            (3) the Deputy Secretary of Energy.
    (c) Chair.--The President shall designate 1 of the 3 members as 
chair.
    (d) Functions.--The Oversight Board shall--
            (1) review, on an ongoing basis--
                    (A) the progress made by the Administrator to site, 
                construct, and operate nuclear waste facilities under 
                this Act;
                    (B) the use of funds made available to the 
                Administrator under this Act;
                    (C) whether the fees collected from contract 
                holders are sufficient to ensure full cost recovery or 
                require adjustment; and
                    (D) the liability of the United States to contract 
                holders;
            (2) identify any problems that may impede the 
        implementation of this Act; and
            (3) recommend to the Administrator, the President, or 
        Congress, as appropriate, any actions that may be needed to 
        ensure the implementation of this Act.
    (e) Meetings.--The Oversight Board shall meet at least once every 
90 days.
    (f) Reports.--The Oversight Board shall report the findings, 
conclusions, and recommendations of the Oversight Board to the 
Administrator, the President, and Congress not less than once per year.
    (g) Executive Secretary.--The Oversight Board shall appoint and fix 
the compensation of an Executive Secretary, who shall--
            (1) assemble and maintain the reports, records, and other 
        papers of the Oversight Board; and
            (2) perform such functions as the Oversight Board shall 
        from time to time assign or delegate.
    (h) Additional Staff.--
            (1) Appointment.--The Oversight Board may appoint and fix 
        the compensation of such additional clerical and professional 
        staff as may be necessary to discharge the responsibilities of 
        the Oversight Board.
            (2) Limitation.--The Oversight Board may appoint not more 
        than 10 clerical or professional staff members under this 
        subsection.
            (3) Supervision and direction.--The clerical and 
        professional staff of the Oversight Board shall be under the 
        supervision and direction of the Executive Secretary.
    (i) Access to Information.--
            (1) Duty to inform.--The Administrator shall keep the 
        Oversight Board fully and currently informed on all of the 
        activities of the Administration.
            (2) Production of documents.--The Administrator shall 
        provide the Oversight Board with such records, files, papers, 
        data, or information as may be requested by the Oversight 
        Board.
    (j) Support Services.--To the extent permitted by law and requested 
by the Oversight Board, the Administrator of General Services shall 
provide the Oversight Board with necessary administrative services, 
facilities, and support on a reimbursable basis.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Oversight Board from amounts in the Nuclear Waste 
Fund to carry out this section such sums as are necessary.

SEC. 206. CONFORMING AMENDMENTS.

    (a) Section 901(b)(2) of title 31, United States Code, is amended 
by adding at the end the following:
                    ``(R) The Nuclear Waste Administration.''.
    (b) Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) 
is amended--
            (1) in paragraph (1), by inserting ``the Nuclear Waste 
        Administration;'' after ``Export-Import Bank;''; and
            (2) in paragraph (2), by inserting ``the Nuclear Waste 
        Administration,'' after ``Export-Import Bank,''.

                          TITLE III--FUNCTIONS

SEC. 301. TRANSFER OF FUNCTIONS.

    There are transferred to and vested in the Administrator all 
functions vested in the Secretary by--
            (1) the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 
        et seq.) relating to--
                    (A) the construction and operation of a repository;
                    (B) entering into and performing contracts for the 
                disposal of nuclear waste under section 302 of that Act 
                (42 U.S.C. 10222);
                    (C) the collection, adjustment, deposition, and use 
                of fees to offset expenditures for the management of 
                nuclear waste; and
                    (D) the issuance of obligations under section 
                302(e)(5) of the Nuclear Waste Policy Act of 1982 (42 
                U.S.C. 10222(e)(5)); and
            (2) section 312 of the Energy and Water Development and 
        Related Agencies Appropriations Act, 2013, relating to the 
        pilot program for the construction and operation of one or more 
        storage facilities to the extent provided in a cooperative 
        agreement transferred to the Administrator pursuant to section 
        302(b).

SEC. 302. TRANSFER OF CONTRACTS.

    (a) Disposal Contracts.--Each contract for the disposal of nuclear 
waste entered into by the Secretary before the date of enactment of 
this Act shall continue in effect according to the terms of the 
contract with the Administrator substituted for the Secretary.
    (b) Cooperative Agreement.--Each cooperative agreement entered into 
by the Secretary pursuant to section 312 of the Energy and Water 
Development and Related Agencies Appropriations Act, 2013, before the 
date of enactment of this Act shall continue in effect according to the 
terms of the agreement with the Administrator substituted for the 
Secretary.

SEC. 303. ADDITIONAL FUNCTIONS.

    In addition to the functions transferred to the Administrator under 
section 301, the Administrator may site, construct, and operate--
            (1) additional repositories if the Administrator determines 
        that additional disposal capacity is necessary to meet the 
        disposal obligations of the Administrator;
            (2) a test and evaluation facility in connection with a 
        repository if the Administrator determines a test and 
        evaluation facility is necessary to develop data and experience 
        for the safe handling and disposal of nuclear waste at a 
        repository; and
            (3) additional storage facilities if the Administrator 
        determines that additional storage capacity is necessary 
        pending the availability of adequate disposal capacity.

SEC. 304. SITING NUCLEAR WASTE FACILITIES.

    (a) In General.--In siting nuclear waste facilities under this Act, 
the Administrator shall employ a process that--
            (1) allows affected communities to decide whether, and on 
        what terms, the affected communities will host a nuclear waste 
        facility;
            (2) is open to the public and allows interested persons to 
        be heard in a meaningful way;
            (3) is flexible and allows decisions to be reviewed and 
        modified in response to new information or new technical, 
        social, or political developments; and
            (4) is based on sound science and meets public health, 
        safety, and environmental standards.
    (b) Siting Guidelines.--
            (1) Issuance.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall issue general 
        guidelines for the consideration of candidate sites for--
                    (A) repositories; and
                    (B) storage facilities.
            (2) Repositories.--In adopting guidelines for repositories 
        under paragraph (1), the Administrator shall comply with the 
        requirements of section 112(a) of the Nuclear Waste Policy Act 
        of 1992 (42 U.S.C. 10132(a)).
            (3) Storage facilities.--
                    (A) In general.--In adopting guidelines for storage 
                facilities under paragraph (1), the Administrator shall 
                comply with the requirements of section 112(a) of the 
                Nuclear Waste Policy Act of 1992 (42 U.S.C. 10132(a)), 
                except to the extent that section 112(a) of that Act 
                requires consideration of underground geophysical 
                conditions that the Administrator determines do not 
                apply to above-ground storage.
                    (B) Other factors.--In addition to the requirements 
                described in subparagraph (A), the guidelines for 
                storage facilities shall require the Administrator to 
                take into account the extent to which a storage 
                facility would--
                            (i) enhance the reliability and flexibility 
                        of the system for the disposal of nuclear 
                        waste;
                            (ii) minimize the impacts of transportation 
                        and handling of nuclear waste; and
                            (iii) unduly burden a State in which 
                        significant volumes of--
                                    (I) defense wastes are stored; or
                                    (II) transuranic wastes are 
                                disposed.
            (4) Revisions.--The Administrator may revise the guidelines 
        in a manner consistent with this subsection and section 112(a) 
        of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132(a)).
    (c) Identification of Candidate Sites.--
            (1) Review of potential sites.--As soon as practicable 
        after the date of the issuance of the guidelines under 
        subsection (b), the Administrator shall evaluate potential 
        sites for a nuclear waste facility to determine whether the 
        sites are suitable for site characterization.
            (2) Sites eligible for review.--The Administrator shall 
        select sites for evaluation under paragraph (1) from among 
        sites recommended by--
                    (A) the Governor or duly authorized official of the 
                State in which the site is located;
                    (B) the governing body of the affected unit of 
                general local government;
                    (C) the governing body of an Indian tribe within 
                the reservation boundaries of which the site is 
                located; or
                    (D) the Administrator, after consultation with, and 
                with the consent of--
                            (i) the Governor of the State in which the 
                        site is located;
                            (ii) the governing body of the affected 
                        unit of general local government; and
                            (iii) the governing body of the Indian 
                        tribe, if the site is located within the 
                        reservation of an Indian tribe.
            (3) Site investigations.--In evaluating a site under this 
        subsection prior to any determination of the suitability of the 
        site for site characterization, the Administrator--
                    (A) shall use available geophysical, geological, 
                geochemical, hydrological, and other information; and
                    (B) shall not perform any preliminary borings or 
                excavations at the site unless necessary to determine 
                the suitability of the site and authorized by the 
                landowner.
            (4) Determination of suitability.--The Administrator shall 
        determine whether a site is suitable for site characterization 
        based on an environmental assessment of the site, which shall 
        include--
                    (A) an evaluation by the Administrator of whether 
                the site qualifies for development as a nuclear waste 
                facility under the guidelines established under 
                subsection (b), including a safety case that provides 
                the basis for confidence in the safety of the proposed 
                nuclear waste facility at the proposed site;
                    (B) an evaluation by the Administrator of the 
                effects of site characterization activities on public 
                health and safety and the environment;
                    (C) a reasonable comparative evaluation by the 
                Administrator of the site with other sites considered 
                by--
                            (i) the Administrator under this section; 
                        or
                            (ii) the Secretary under the Nuclear Waste 
                        Policy Act of 1982 (42 U.S.C. 10101 et seq.);
                    (D) a description of the decision process by which 
                the site was recommended; and
                    (E) an assessment of the regional and local impacts 
                of locating a repository or storage facility at the 
                site.
    (d) Site Characterization.--
            (1) Selection of sites.--From among the sites determined to 
        be suitable for site characterization under subsection (c), the 
        Administrator shall select--
                    (A) at least 1 site for site characterization as a 
                repository; and
                    (B) at least 1 site for site characterization as a 
                storage facility.
            (2) Preference for co-located repository and storage 
        facility.--In selecting sites for site characterization as a 
        storage facility, the Administrator shall give preference to 
        sites determined to be suitable for co-location of a storage 
        facility and a repository.
            (3) Public hearings.--Before selecting a site for site 
        characterization, the Administrator shall hold public hearings 
        in the vicinity of the site and at least 1 other location 
        within the State in which the site is located--
                    (A) to inform the public of the proposed site 
                characterization; and
                    (B) to solicit public comments and recommendations 
                with respect to the site characterization plan of the 
                Administrator.
            (4) Consultation and cooperation agreement.--
                    (A) Requirement.--Before selecting a site for site 
                characterization, the Administrator shall enter into a 
                consultation and cooperation agreement with--
                            (i) the Governor of the State in which the 
                        site is located;
                            (ii) the governing body of the affected 
                        unit of general local government; and
                            (iii) the governing body of an affected 
                        Indian tribe, in the case of--
                                    (I) a site located within the 
                                boundaries of a reservation; or
                                    (II) an Indian tribe the federally 
                                defined possessory or usage rights to 
                                land outside of a reservation of which 
                                may be substantially and adversely 
                                affected by the repository or storage 
                                facility.
                    (B) Contents.--The consultation and cooperation 
                agreement shall provide--
                            (i) compensation to the State, any affected 
                        units of local government, and any affected 
                        Indian tribes for any potential economic, 
                        social, public health and safety, and 
                        environmental impacts associated with site 
                        characterization; and
                            (ii) financial and technical assistance to 
                        enable the State, affected units of local 
                        government, and affected Indian tribes to 
                        monitor, review, evaluate, comment on, obtain 
                        information on, and make recommendations on 
                        site characterization activities.
    (e) Final Site Suitability Determination.--
            (1) Determination required.--On completion of site 
        characterization activities, the Administrator shall make a 
        final determination of whether the site is suitable for 
        development as a repository or storage facility.
            (2) Basis of determination.--In making a determination 
        under paragraph (1), the Administrator shall determine if--
                    (A) the site is scientifically and technically 
                suitable for development as a repository or storage 
                facility, taking into account--
                            (i) whether the site meets the siting 
                        guidelines of the Administrator; and
                            (ii) whether there is reasonable assurance 
                        that a repository or storage facility at the 
                        site will meet--
                                    (I) the radiation protection 
                                standards of the Administrator of the 
                                Environmental Protection Agency; and
                                    (II) the licensing standards of the 
                                Commission; and
                    (B) development of a repository or storage facility 
                at the site is in the national interest.
            (3) Public hearings.--Before making a final determination 
        under paragraph (1), the Administrator shall hold public 
        hearings in the vicinity of the site and at least 1 other 
        location within the State in which the site is located to 
        solicit public comments and recommendations on the proposed 
        determination.
    (f) Consent Agreements.--
            (1) Requirement.--On making a final determination of site 
        suitability under subsection (e), but before submitting a 
        license application to the Commission under subsection (g), the 
        Administrator shall enter into a consent agreement with--
                    (A) the Governor of the State in which the site is 
                located;
                    (B) the governing body of the affected unit of 
                general local government; and
                    (C) if the site is located on a reservation, the 
                governing body of the affected Indian tribe.
            (2) Contents.--The consent agreement shall--
                    (A) contain the terms and conditions on which each 
                State, local government, and Indian tribe consents to 
                host the repository or storage facility; and
                    (B) express the consent of each State, local 
                government, and Indian tribe to host the repository or 
                storage facility.
            (3) Terms and conditions.--The terms and conditions under 
        paragraph (2)(A)--
                    (A) shall promote the economic and social well-
                being of the people living in the vicinity of the 
                repository or storage facility; and
                    (B) may include--
                            (i) financial compensation and incentives;
                            (ii) economic development assistance;
                            (iii) operational limitations or 
                        requirements;
                            (iv) regulatory oversight authority; and
                            (v) in the case of a storage facility, an 
                        enforceable deadline for removing nuclear waste 
                        from the storage facility.
            (4) Ratification.--No consent agreement entered into under 
        this section shall have legal effect unless ratified by law.
            (5) Binding effect.--On ratification by law, the consent 
        agreement--
                    (A) shall be binding on the parties; and
                    (B) shall not be amended or revoked except by 
                mutual agreement of the parties.
    (g) Submission of License Application.--On determining that a site 
is suitable under subsection (e) and ratification of a consent 
agreement under subsection (f), the Administrator shall submit to the 
Commission an application for a construction authorization for the 
repository or storage facility.

SEC. 305. LICENSING NUCLEAR WASTE FACILITIES.

    (a) Radiation Protection Standards.--Not later than 1 year after 
the date of enactment of this Act, the Administrator of the 
Environmental Protection Agency, pursuant to authority under other 
provisions of law, shall adopt, by rule, generally applicable standards 
for protection of the general environment from offsite releases from 
radioactive material in geological repositories.
    (b) Commission Regulations.--Not later than 1 year after the 
adoption of generally applicable standards by the Administrator of the 
Environmental Protection Agency under subsection (a), the Commission, 
pursuant to authority under other provisions of law, shall amend the 
regulations of the Commission governing the licensing of geological 
repositories to be consistent with any comparable standards adopted by 
the Administrator of the Environmental Protection Agency under 
subsection (a).
    (c) Construction Authorization.--
            (1) Applicable laws.--The Commission shall consider an 
        application for a construction authorization for a nuclear 
        waste facility in accordance with the laws (including 
        regulations) applicable to the applications.
            (2) Final decision.--Not later than 3 years after the date 
        of the submission of the application, the Commission shall 
        issue a final decision approving or disapproving the issuance 
        of a construction authorization.
            (3) Extension.--The Commission may extend the deadline 
        under paragraph (2) by not more than 1 year if, not less than 
        30 days before the deadline, the Commission submits to Congress 
        and the Administrator a written report that describes--
                    (A) the reason for failing to meet the deadline; 
                and
                    (B) the estimated time by which the Commission will 
                issue a final decision.

SEC. 306. LIMITATION ON STORAGE.

    (a) In General.--Except as provided in subsection (b), the 
Administrator may not possess, take title to, or store spent nuclear 
fuel at a storage facility licensed under this Act before ratification 
of a consent agreement for a repository under section 304(f)(4).
    (b) Exception.--The Administrator may possess, take title to, and 
store not more than 10,000 metric tons of spent nuclear fuel at a 
storage facility licensed and constructed pursuant to a cooperative 
agreement entered into before the date of enactment of this Act under 
section 312 of the Energy and Water Development and Related Agencies 
Appropriations Act, 2013, before ratification of a consent agreement 
for a repository under section 304(f)(4).

SEC. 307. DEFENSE WASTE.

    (a) Disposal and Storage by Administration.--The Secretary--
            (1) shall arrange for the Administrator to dispose of 
        defense wastes in a repository developed under this Act; and
            (2) may arrange for the Administrator to store spent 
        nuclear fuel from the naval nuclear propulsion program pending 
        disposal in a repository.
    (b) Memorandum of Agreement.--The arrangements shall be covered by 
a memorandum of agreement between the Secretary and the Administrator.
    (c) Costs.--The portion of the cost of developing, constructing, 
and operating the repository or storage facilities under this Act that 
is attributable to defense wastes shall be allocated to the Federal 
Government and paid by the Federal Government into the Working Capital 
Fund.
    (d) Prohibition.--No defense waste may be stored or disposed of by 
the Administrator in any storage facility or repository constructed 
under this Act or section 312 of the Energy and Water Development and 
Related Agencies Appropriations Act, 2013, until funds are appropriated 
to the Working Capital Fund in an amount equal to the fees that would 
be paid by contract holders under section 302 of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10222) if such nuclear waste were 
generated by a contract holder.

SEC. 308. TRANSPORTATION.

    (a) In General.--The Administrator shall be responsible for 
transporting nuclear waste--
            (1) from the site of a contract holder to a storage 
        facility or repository;
            (2) from a storage facility to a repository; and
            (3) in the case of defense waste, from a Department of 
        Energy site to a repository.
    (b) Certified Packages.--No nuclear waste may be transported under 
this Act except in packages--
            (1) the design of which has been certified by the 
        Commission; and
            (2) that have been determined by the Commission to satisfy 
        the quality assurance requirements of the Commission.
    (c) Notification.--Prior to any transportation of nuclear waste 
under this Act, the Administrator shall provide advance notification to 
States and Indian tribes through whose jurisdiction the Administrator 
plans to transport the nuclear waste.
    (d) Transportation Assistance.--
            (1) Public education.--The Administrator shall conduct a 
        program to provide information to the public about the 
        transportation of nuclear waste.
            (2) Training.--The Administrator shall provide financial 
        and technical assistance to States and Indian tribes through 
        whose jurisdiction the Administrator plans to transport nuclear 
        waste to train public safety officials and other emergency 
        responders on--
                    (A) procedures required for the safe, routine 
                transportation of nuclear waste; and
                    (B) procedures for dealing with emergency response 
                situations involving nuclear waste, including 
                instruction of--
                            (i) government and tribal officials and 
                        public safety officers in command and control 
                        procedures;
                            (ii) emergency response personnel; and
                            (iii) radiological protection and emergency 
                        medical personnel.
            (3) Equipment.--The Administrator shall provide monetary 
        grants and contributions in-kind to assist States and Indian 
        tribes through whose jurisdiction the Administrator plans to 
        transport nuclear waste for the purpose of acquiring equipment 
        for responding to a transportation incident involving nuclear 
        waste.
            (4) Transportation safety programs.--The Administrator 
        shall provide in-kind, financial, technical, and other 
        appropriate assistance to States and Indian tribes through 
        whose jurisdiction the Administrator plans to transport nuclear 
        waste for transportation safety programs related to shipments 
        of nuclear waste.

                TITLE IV--FUNDING AND LEGAL PROCEEDINGS

SEC. 401. WORKING CAPITAL FUND.

    (a) Establishment.--There is established in the Treasury a separate 
fund, to be known as the ``Nuclear Waste Administration Working Capital 
Fund'', which shall be separate from the Nuclear Waste Fund.
    (b) Contents.--The Working Capital Fund shall consist of--
            (1) all fees paid by contract holders pursuant to section 
        302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10222(a)) on or after the date of enactment of this Act, which 
        shall be paid into the Working Capital Fund--
                    (A) notwithstanding section 302(c)(1) of the 
                Nuclear Waste Policy Act of 1982 (42 U.S.C. 
                10222(c)(1)); and
                    (B) immediately on the payment of the fees;
            (2) any appropriations made by Congress to pay the share of 
        the cost of the program established under this Act attributable 
        to defense wastes; and
            (3) interest paid on the unexpended balance of the Working 
        Capital Fund.
    (c) Availability.--All funds deposited in the Working Capital 
Fund--
            (1) shall be immediately available to the Administrator to 
        carry out the functions of the Administrator, except to the 
        extent limited in annual authorization or appropriation Acts;
            (2) shall remain available until expended; and
            (3) shall not be subject to apportionment under subchapter 
        II of chapter 15 of title 31, United States Code.
    (d) Use of Fund.--Except to the extent limited in annual 
authorization or appropriation Acts, the Administrator may make 
expenditures from the Working Capital Fund only for purposes of 
carrying out functions authorized by this Act.

SEC. 402. NUCLEAR WASTE FUND.

    (a) Elimination of Legislative Veto.--Section 302(a)(4) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)) is amended in 
the last sentence by striking ``transmittal unless'' and all that 
follows through the end of the sentence and inserting ``transmittal.''.
    (b) Interest on Unexpended Balances.--Section 302(e)(3) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(3)) is amended--
            (1) by striking ``Secretary'' the first, second, and fourth 
        place it appears and inserting ``Administrator of the Nuclear 
        Waste Administration''; and
            (2) by striking ``the Waste Fund'' each place it appears 
        and inserting ``the Waste Fund or the Working Capital Fund 
        established by section 401 of the Nuclear Waste Administration 
        Act of 2012''.

SEC. 403. FULL COST RECOVERY.

    In determining whether insufficient or excess revenues are being 
collected to ensure full cost recovery under section 302(a)(4) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)), the 
Administrator shall--
            (1) assume that sufficient funds will be appropriated to 
        the Nuclear Waste Fund to cover the costs attributable to 
        disposal of defense wastes; and
            (2) take into account the additional costs resulting from 
        the enactment of this Act.

SEC. 404. JUDICIAL REVIEW.

    (a) Jurisdiction.--
            (1) Courts of appeals.--Except for review in the Supreme 
        Court, a United States court of appeals shall have original and 
        exclusive jurisdiction over any civil action--
                    (A) for review of any final decision or action of 
                the Administrator or the Commission under this Act;
                    (B) alleging the failure of the Administrator or 
                the Commission to make any decision, or take any 
                action, required under this Act;
                    (C) challenging the constitutionality of any 
                decision made, or action taken, under this Act; or
                    (D) for review of any environmental assessment or 
                environmental impact statement prepared pursuant to the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) with respect to any action under this 
                Act, or alleging a failure to prepare any such 
                assessment or statement with respect to any such 
                action.
            (2) Venue.--The venue of any proceeding under this section 
        shall be in--
                    (A) the judicial circuit in which the petitioner 
                involved resides or has the principal office of the 
                petitioner; or
                    (B) the United States Court of Appeals for the 
                District of Columbia Circuit.
    (b) Deadline for Commencing Action.--
            (1) In general.--Except as provided in paragraph (2), a 
        civil action for judicial review described in subsection (a)(1) 
        may be brought not later than the date that is 180 days after 
        the date of the decision or action or failure to act involved.
            (2) No knowledge of decision or action.--If a party shows 
        that the party did not know of the decision or action 
        complained of (or of the failure to act) and that a reasonable 
        person acting under the circumstances would not have known, the 
        party may bring a civil action not later than 180 days after 
        the date the party acquired actual or constructive knowledge of 
        the decision, action, or failure to act.

SEC. 405. LITIGATION AUTHORITY.

    (a) Supervision by Attorney General.--The litigation of the 
Administration shall be subject to the supervision of the Attorney 
General pursuant to chapter 31 of title 28, United States Code.
    (b) Attorneys of Administration.--The Attorney General may 
authorize any attorney of the Administration to conduct any civil 
litigation of the Administration in any Federal court, except the 
Supreme Court.

SEC. 406. LIABILITIES.

    (a) Pending Legal Proceedings.--Any suit, cause of action, or 
judicial proceeding commenced by or against the Secretary relating to 
functions or contracts transferred to the Administrator by this Act 
shall--
            (1) not abate by reason of the enactment of this Act; and
            (2) continue in effect with the Administrator substituted 
        for the Secretary.
    (b) Settlement of Pending Litigation; Contract Modification.--
            (1) Settlement.--The Attorney General, in consultation with 
        the Administrator, shall settle all claims against the United 
        States by a contract holder for the breach of a contract for 
        the disposal of nuclear waste under section 302(a) of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) as a 
        condition precedent of the agreement of the Administrator to 
        take title to and store the nuclear waste of the contract 
        holder at a storage facility.
            (2) Contract modification.--The Administrator and contract 
        holders shall modify contracts entered into under section 
        302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10222(a)) in accordance with the settlement under paragraph 
        (1).
    (c) Payment of Judgments and Settlements.--Payment of judgments and 
settlements in cases arising from the failure of the Secretary to meet 
the deadline of January 31, 1998, to begin to dispose of nuclear waste 
under contracts entered into under section 302(a)(1) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10222(a)(1)) shall continue to be 
paid from the permanent judgment appropriation established pursuant to 
section 1304 of title 31, United States Code.
    (d) New Contracts.--Notwithstanding section 302(a)(5) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(5)), the 
Administrator shall not enter into any contract after the date of 
enactment of this Act that obligates the Administrator to begin 
disposing of nuclear waste before the Commission has licensed the 
Administrator to operate a repository or storage facility.
    (e) Nuclear Indemnification.--
            (1) Indemnification agreements.--For purposes of section 
        170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly 
        known as the ``Price-Anderson Act'')--
                    (A) any person that conducts nuclear waste 
                activities under a contract with the Administrator that 
                may involve the risk of public liability shall be 
                treated as a contractor of the Secretary; and
                    (B) the Secretary shall enter into an agreement of 
                indemnification with any person described in 
                subparagraph (A).
            (2) Conforming amendment.--Section 11 ff. of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2014(ff)) is amended by inserting 
        ``or the Nuclear Waste Administration'' after ``Secretary of 
        Energy''.

             TITLE V--ADMINISTRATIVE AND SAVINGS PROVISIONS

SEC. 501. ADMINISTRATIVE POWERS OF ADMINISTRATOR.

    The Administrator shall have the power--
            (1) to perform the functions of the Secretary transferred 
        to the Administrator pursuant to this Act;
            (2) to enter into contracts with any person who generates 
        or holds title to nuclear waste generated in a civilian nuclear 
        power reactor for the acceptance of title, subsequent 
        transportation, storage, and disposal of the nuclear waste;
            (3) to enter into and perform contracts, leases, and 
        cooperative agreements with public agencies, private 
        organizations, and persons necessary or appropriate to carry 
        out the functions of the Administrator;
            (4) to acquire, in the name of the United States, real 
        estate for the construction, operation, and decommissioning of 
        nuclear waste facilities;
            (5) to obtain from the Administrator of General Services 
        the services the Administrator of General Services is 
        authorized to provide agencies of the United States, on the 
        same basis as those services are provided to other agencies of 
        the United States;
            (6) to conduct nongeneric research, development, and 
        demonstration activities necessary or appropriate to carrying 
        out the functions of the Administrator; and
            (7) to make such rules and regulations, not inconsistent 
        with this Act, as may be necessary to carry out the functions 
        of the Administrator.

SEC. 502. PERSONNEL.

    (a) Officers and Employees.--
            (1) Appointment.--In addition to the senior officers 
        described in section 203, the Administrator may appoint and fix 
        the compensation of such officers and employees as may be 
        necessary to carry out the functions of the Administration.
            (2) Compensation.--Except as provided in paragraph (3), 
        officers and employees appointed under this subsection shall be 
        appointed in accordance with the civil service laws and the 
        compensation of the officers and employees shall be fixed in 
        accordance with title 5, United States Code.
            (3) Exception.--Notwithstanding paragraph (2), the 
        Administrator may, to the extent the Administrator determines 
        necessary to discharge the responsibilities of the 
        Administrator--
                    (A) appoint exceptionally well qualified 
                individuals to scientific, engineering, or other 
                critical positions without regard to the provisions of 
                chapter 33 of title 5, United States Code, governing 
                appointments in the competitive service; and
                    (B) fix the basic pay of any individual appointed 
                under subparagraph (A) at a rate of not more than level 
                I of the Executive Schedule without regard to the civil 
                service laws, except that the total annual compensation 
                of the individual shall be at a rate of not more than 
                the highest total annual compensation payable under 
                section 104 of title 3, United States Code.
            (4) Merit principles.--The Administrator shall ensure that 
        the exercise of the authority granted under paragraph (3) is 
        consistent with the merit principles of section 2301 of title 
        5, United States Code.
    (b) Experts and Consultants.--The Administrator may obtain the 
temporary or intermittent services of experts or consultants as 
authorized by section 3109 of title 5, United States Code.
    (c) Advisory Committees.--
            (1) Establishment.--The Administrator may establish, in 
        accordance with the Federal Advisory Committee Act (5 U.S.C. 
        App.), such advisory committees as the Administrator may 
        consider appropriate to assist in the performance of the 
        functions of the Administrator.
            (2) Compensation.--A member of an advisory committee, other 
        than a full-time employee of the Federal Government, may be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, as authorized by section 5703 of title 5, United 
        States Code, for individuals in the Government service without 
        pay, while attending meetings of the advisory committee or 
        otherwise serving away from the homes or regular place of 
        business of the member at the request of the Administrator.

SEC. 503. OFFICES.

    (a) Principal Office.--The principal office of the Administration 
shall be in or near the District of Columbia.
    (b) Field Offices.--The Administrator may maintain such field 
offices as the Administrator considers necessary to carry out the 
functions of the Administrator.

SEC. 504. MISSION PLAN.

    (a) In General.--The Administrator shall prepare a comprehensive 
report (referred to in this section as the ``mission plan''), which 
shall--
            (1) provide an informational basis sufficient to permit 
        informed decisions to be made in carrying out the functions of 
        the Administrator; and
            (2) provide verifiable indicators for oversight of the 
        performance of the Administrator.
    (b) Contents.--The mission plan shall include--
            (1) a description of the actions the Administrator plans to 
        take to carry out the functions of the Administrator under this 
        Act;
            (2) schedules and milestones for carrying out the functions 
        of the Administrator; and
            (3) an estimate of the amounts that the Administration will 
        need Congress to appropriate from the Nuclear Waste Fund (in 
        addition to amounts expected to be available from the Working 
        Capital Fund) to carry out the functions of the Nuclear Waste 
        Fund, on an annual basis.
    (c) Proposed Mission Plan.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall submit a proposed 
mission plan for comment to--
            (1) Congress;
            (2) the Oversight Board;
            (3) the Commission;
            (4) the Nuclear Waste Technical Review Board established by 
        section 502 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10262);
            (5) the States;
            (6) affected Indian tribes; and
            (7) such other interested persons as the Administrator 
        considers appropriate.
    (d) Public Notice and Comment.--On submitting the proposed mission 
plan for comment under subsection (c), the Administrator shall--
            (1) publish a notice in the Federal Register of the 
        availability of the proposed mission plan for public comment; 
        and
            (2) provided interested persons an opportunity to comment 
        on the proposed plan.
    (e) Submission of Final Mission Plan.--After consideration of the 
comments received, the Administrator shall--
            (1) revise the proposed mission plan to the extent that the 
        Administrator considers appropriate; and
            (2) submit the final mission plan to Congress, the 
        President, and the Oversight Board.
    (f) Revision of the Mission Plan.--The Administrator shall--
            (1) revise the mission plan, as appropriate, to reflect 
        major changes in the planned activities, schedules, milestones, 
        and cost estimates reported in the mission plan; and
            (2) submit the revised mission plan to Congress, the 
        President, and the Oversight Board prior to implementing the 
        proposed changes.

SEC. 505. ANNUAL REPORTS.

    (a) In General.--The Administrator shall annually prepare and 
submit to Congress, the President, and the Oversight Board a 
comprehensive report on the activities and expenditures of the 
Administration.
    (b) Management Report.--The annual report submitted under 
subsection (a) shall include--
            (1) the annual management report required under section 
        9106 of title 31, United States Code; and
            (2) the report on any audit of the financial statements of 
        the Administration conducted under section 9105 of title 31, 
        United States Code.

SEC. 506. SAVINGS PROVISIONS; TERMINATIONS.

    (a) Commission Proceedings.--This Act shall not affect any 
proceeding or any application for any license or permit pending before 
the Commission on the date of enactment of this Act.
    (b) Authority of the Secretary.--This Act shall not transfer or 
affect the authority of the Secretary with respect to--
            (1) the maintenance, treatment, packaging, and storage of 
        defense wastes at Department of Energy sites prior to delivery 
        to, and acceptance by, the Administrator for disposal in a 
        repository;
            (2) the conduct of generic research, development, and 
        demonstration activities related to nuclear waste management, 
        including proliferation-resistant advanced fuel recycling and 
        transmutation technologies that minimize environmental and 
        public health and safety impacts; and
            (3) training and workforce development programs relating to 
        nuclear waste management.
    (c) Pilot Program.--Nothwithstanding section 304, the Administrator 
may proceed with the siting and licensing of one or more consolidated 
storage facilities under a cooperative agreement entered into by the 
Secretary pursuant to section 312 of the Energy and Water Development 
and Related Agencies Appropriations Act, 2013, before the date of 
enactment of this Act in accordance with--
            (1) the terms of the cooperative agreement; and
            (2) section 312 of the Energy and Water Development and 
        Related Agencies Appropriations Act, 2013.
    (d) Terminations.--The authority for each function of the Secretary 
relating to the siting, construction, and operation of repositories, 
storage facilities, or test and evaluation facilities not transferred 
to the Administrator under this Act shall terminate on the date of 
enactment of this Act, including the authority--
            (1) to provide interim storage or monitored, retrievable 
        storage under subtitles B and C of title I of the Nuclear Waste 
        Policy Act of 1982 (42 U.S.C. 10151 et seq.);
            (2) to site or construct a test and evaluation facility 
        under title II of the Nuclear Waste Policy Act of 1982 (42 
        U.S.C. 10191 et seq.); and
            (3) to issue requests for proposals or enter into 
        agreements under section 312 of the Energy and Water 
        Development and Related Agencies Appropriations Act, 2013.

SEC. 507. TECHNICAL ASSISTANCE IN THE FIELD OF SPENT FUEL STORAGE AND 
              DISPOSAL.

    (a) Joint Notice.--Not later than 90 days after the date of 
enactment of this Act and annually for 5 succeeding years, the 
Secretary and the Commission shall update and publish in the Federal 
Register the joint notice required by section 223(b) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10203(b)).
    (b) Informing Foreign Governments.--As soon as practicable after 
the date of the publication of the annual joint notice described in 
subsection (a), the Secretary of State shall inform the governments of 
nations and organizations operating nuclear power plants, solicit 
expressions of interest, and transmit any such expressions of interest 
to the Secretary and the Commission, as provided in section 223(c) of 
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203(c)).
    (c) Budget Requests.--The President shall include in the budget 
request of the President for the Commission and the Department of 
Energy for each of fiscal years 2014 through 2019 such funding requests 
for a program of cooperation and technical assistance with nations in 
the fields of spent nuclear fuel storage and disposal as the President 
determines appropriate in light of expressions of interest in the 
cooperation and assistance.
    (d) Eligibility.--Notwithstanding any limitation on cooperation and 
technical assistance to non-nuclear weapon states under section 223 of 
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203), the Secretary 
and the Commission may cooperate with and provide technical assistance 
to nuclear weapon states, if the Secretary and the Commission determine 
the cooperation and technical assistance is in the national interest.

SEC. 508. NUCLEAR WASTE TECHNICAL REVIEW BOARD.

    (a) Eligibility.--Section 502(b)(3)(C)(iii)(I) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10262(b)(3)(C)(iii)(I)) is amended by 
inserting ``or the Nuclear Waste Administration'' after ``the 
Department of Energy''.
    (b) Functions.--Section 503 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10263) is amended by striking ``Secretary after the date of 
the enactment of the Nuclear Waste Policy Amendments Act of 1987'' and 
inserting ``Nuclear Waste Administrator after the date of enactment of 
the Nuclear Waste Administration Act of 2012''.
    (c) Production of Documents.--Section 504(b) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10264(b)) is amended by striking 
``Secretary'' each place it appears and inserting ``Nuclear Waste 
Administrator''.
    (d) Reports.--Section 508 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10268) is amended in the first sentence by striking 
``Congress and the Secretary'' and inserting ``Congress, the Nuclear 
Waste Administrator, and the Nuclear Waste Oversight Board''.
    (e) Termination.--Section 510 of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10270) is amended by striking ``Secretary'' and 
inserting ``Nuclear Waste Administrator''.

SEC. 509. REPEAL OF VOLUME LIMITATION.

    Section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10134(d)) is amended by striking the second and third sentences.
                                 <all>
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