II 

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. 

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 Administration Act of 2012’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FINDINGS, PURPOSES, AND DEFINITIONS 


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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. 

1 TITLE I—FINDINGS, PURPOSES, 

2 AND DEFINITIONS 

3 SEC. 101. FINDINGS. 

4 Congress finds that— 

5 (1) the Nuclear Waste Policy Act of 1982 (42 

6 U.S.C. 10101 et seq.)— 


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1 (A) made the Federal Government respon2 sible for providing for the permanent disposal 

3 of nuclear waste; 

4 (B) vested the responsibility for siting, 

5 constructing, and operating a permanent geo6 logic repository for the disposal of nuclear 

7 waste in the Secretary of Energy; and 

8 (C) required the Secretary to enter into 

9 binding contracts with the generators and own10 ers of nuclear waste pursuant to which the Sec11 retary is obligated to have begun disposing of 

12 the nuclear waste in a repository not later than 

13 January 31, 1998; 

14 (2) in 1987, Congress designated the Yucca 

15 Mountain site as the site for the repository and pre16 cluded consideration of other sites; 

17 (3) in 2002, the Secretary found the Yucca 

18 Mountain site to be suitable for the development of 

19 the repository, the President recommended the site 

20 to Congress, and Congress enacted a joint resolution 

21 approving the Yucca Mountain site for the reposi22 tory; 

23 (4) in 2008, the Secretary applied to the Nu24 clear Regulatory Commission for a license to con25 struct a repository at the Yucca Mountain site; 


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1 (5) in 2009, the Secretary found the Yucca 

2 Mountain site to be unworkable and abandoned ef3 forts to construct a repository; 

4 (6) in 2010, the Secretary, at the request of the 

5 President, established the Blue Ribbon Commission 

6 on America’s Nuclear Future to conduct a com7 prehensive review of the nuclear waste management 

8 policies of the United States and recommend a new 

9 strategy for managing the nuclear waste of the 

10 United States; and 

11 (7) the Blue Ribbon Commission has rec12 ommended that Congress establish a new nuclear 

13 waste management organization and adopt a new 

14 consensual approach to siting nuclear waste manage15 ment facilities. 

16 SEC. 102. PURPOSES. 

17 The purposes of this Act are— 

18 (1) to establish a new nuclear waste manage19 ment organization; 

20 (2) to transfer to the new organization the 

21 functions of the Secretary relating to the siting, li22 censing, construction, and operation of nuclear waste 

23 management facilities; 

24 (3) to establish a new consensual process for 

25 the siting of nuclear waste management facilities; 


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1 (4) to provide for centralized storage of nuclear 

2 waste pending completion of a repository; and 

3 (5) to ensure that— 

4 (A) the generators and owners of nuclear 

5 waste pay the full cost of the program; and 

6 (B) funds collected for the program are 

7 used for that purpose. 

8 SEC. 103. DEFINITIONS. 

9 In this Act: 

10 (1) ADMINISTRATION.—The term ‘‘Administra11 tion’’ means the Nuclear Waste Administration es12 tablished by section 201. 

13 (2) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the Administra15 tion. 

16 (3) AFFECTED INDIAN TRIBE.—The term ‘‘af17 fected Indian tribe’’ means any Indian tribe— 

18 (A) within the reservation boundaries of 

19 which a repository or storage facility is pro20 posed to be located; or 

21 (B) that has federally defined possessory 

22 or usage rights to other land outside of the res23 ervation boundaries that— 

24 (i) arise out of a congressionally rati25 fied treaty; and 


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1 (ii) the Secretary of the Interior finds, 

2 on petition of an appropriate governmental 

3 official of the Indian tribe, may be sub4 stantially and adversely affected by the re5 pository or storage facility. 

6 (4) AFFECTED UNIT OF GENERAL LOCAL GOV7 ERNMENT.— 

8 (A) IN GENERAL.—The term ‘‘affected 

9 unit of general local government’’ means the 

10 unit of general local government that has juris11 diction over the site of a repository or storage 

12 facility. 

13 (B) INCLUSION.—The term ‘‘affected unit 

14 of general local government’’ may include, at 

15 the discretion of the Administrator, units of 

16 general local government that are contiguous 

17 with the unit that has jurisdiction over the site 

18 of a repository or storage facility. 

19 (5) CIVILIAN NUCLEAR POWER REACTOR.—The 

20 term ‘‘civilian nuclear power reactor’’ has the mean21 ing given the term in section 2 of the Nuclear Waste 

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

23 (6) COMMISSION.—The term ‘‘Commission’’ 

24 means the Nuclear Regulatory Commission. 


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1 (7) CONTRACT HOLDER.—The term ‘‘contract 

2 holder’’ means any person who— 

3 (A) generates or holds title to nuclear 

4 waste generated at a civilian nuclear power re5 actor; and 

6 (B) has entered into a contract for the dis7 posal of nuclear waste under section 302(a) of 

8 the Nuclear Waste Policy Act of 1982 (42 

9 U.S.C. 10222(a)) or this Act. 

10 (8) DEFENSE WASTE.—The term ‘‘defense 

11 waste’’ means nuclear waste generated by an atomic 

12 energy defense activity (as defined in section 2 of 

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

14 10101)). 

15 (9) DISPOSAL.—The term ‘‘disposal’’ has the 

16 meaning given the term in section 2 of the Nuclear 

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

18 (10) HIGH-LEVEL RADIOACTIVE WASTE.—The 

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

20 given the term in section 2 of the Nuclear Waste 

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

22 (11) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

23 has the meaning given the term in section 2 of the 

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

25 10101). 


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1 (12) NUCLEAR WASTE.—The term ‘‘nuclear 

2 waste’’ means— 

3 (A) spent nuclear fuel; and 

4 (B) high-level radioactive waste. 

5 (13) NUCLEAR WASTE ACTIVITIES.—The term 

6 ‘‘nuclear waste activities’’ has the meaning given the 

7 term in section 11 of the Atomic Energy Act of 

8 1954 (42 U.S.C. 2014). 

9 (14) NUCLEAR WASTE FACILITY.—The term 

10 ‘‘nuclear waste facility’’ means— 

11 (A) a repository; and 

12 (B) a storage facility. 

13 (15) NUCLEAR WASTE FUND.—The term ‘‘Nu14 clear Waste Fund’’ means the separate fund in the 

15 Treasury established by section 302(c) of the Nu16 clear Waste Policy Act of 1982 (42 U.S.C. 

17 10222(c)). 

18 (16) OVERSIGHT BOARD.—The term ‘‘Oversight 

19 Board’’ means the Nuclear Waste Oversight Board 

20 established by section 205. 

21 (17) PUBLIC LIABILITY.—The term ‘‘public li22 ability’’ has the meaning given the term in section 

23 11 of the Atomic Energy Act of 1954 (42 U.S.C. 

24 2014). 


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

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

4 (19) RESERVATION.—The term ‘‘reservation’’ 

5 has the meaning given the term in section 2 of the 

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

7 10101). 

8 (20) SECRETARY.—The term ‘‘Secretary’’ 

9 means the Secretary of Energy. 

10 (21) SITE CHARACTERIZATION.— 

11 (A) IN GENERAL.—The term ‘‘site charac12 terization’’ means the site-specific activities that 

13 the Administrator determines necessary to sup14 port an application to the Commission for a li15 cense to construct a repository or storage facil16 ity under section 305(c). 

17 (B) REPOSITORY SITE CHARACTERIZA18 TION.—In the case of a site for a repository, 

19 the term ‘‘site characterization’’ may include 

20 borings, surface excavations, excavations of ex21 ploratory shafts, limited subsurface lateral exca22 vations and borings, and in situ testing needed 

23 to evaluate the suitability of a candidate site for 

24 the location of a repository. 


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1 (C) STORAGE SITE CHARACTERIZATION.— 

2 In the case of a site for an above-ground stor3 age facility, the term ‘‘site characterization’’ 

4 does not include subsurface borings and exca5 vations that the Administrator determines are 

6 uniquely associated with underground disposal 

7 and unnecessary to evaluate the suitability of a 

8 candidate site for the location of an above9 ground storage facility. 

10 (D) PRELIMINARY ACTIVITIES.—The term 

11 ‘‘site characterization’’ does not include prelimi12 nary borings and geophysical testing needed to 

13 assess whether site characterization should be 

14 undertaken. 

15 (22) SPENT NUCLEAR FUEL.—The term ‘‘spent 

16 nuclear fuel’’ has the meaning given the term in sec17 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

18 U.S.C. 10101). 

19 (23) STORAGE.—The term ‘‘storage’’ means the 

20 temporary retention of nuclear waste pending the 

21 disposal of the nuclear waste in a repository. 

22 (24) STORAGE FACILITY.—The term ‘‘storage 

23 facility’’ means a facility for the storage of nuclear 

24 waste from multiple contract holders or the SecVerDate Mar 15 2010 03:23 Aug 07, 2012 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3469.IS S3469

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1 retary pending the disposal of the spent nuclear fuel 

2 in a repository. 

3 (25) TEST AND EVALUATION FACILITY.—The 

4 term ‘‘test and evaluation facility’’ means an at5 depth, prototypic underground cavity used to develop 

6 data and experience for the safe handling and dis7 posal of nuclear waste in a repository. 

8 (26) UNIT OF GENERAL LOCAL GOVERN9 MENT.—The term ‘‘unit of general local govern10 ment’’ has the meaning given the term in section 2 

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

12 10101). 

13 (27) WORKING CAPITAL FUND.—The term 

14 ‘‘Working Capital Fund’’ means the Nuclear Waste 

15 Administration Working Capital Fund established by 

16 section 401. 

17 TITLE II—NUCLEAR WASTE 

18 ADMINISTRATION 

19 SEC. 201. ESTABLISHMENT. 

20 (a) ESTABLISHMENT.—There is established an inde21 pendent agency in the executive branch to be known as 

22 the ‘‘Nuclear Waste Administration’’. 

23 (b) PURPOSE.—The purposes of the Administration 

24 are— 


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1 (1) to discharge the responsibility of the Fed2 eral Government to provide for the permanent dis3 posal of nuclear waste; 

4 (2) to protect the public health and safety and 

5 the environment in discharging the responsibility 

6 under paragraph (1); and 

7 (3) to ensure that the costs of activities under 

8 paragraph (1) are borne by the persons responsible 

9 for generating the nuclear waste. 

10 SEC. 202. PRINCIPAL OFFICERS. 

11 (a) ADMINISTRATOR.— 

12 (1) APPOINTMENT.—There shall be at the head 

13 of the Administration a Nuclear Waste Adminis14 trator, who shall be appointed by the President, by 

15 and with the advice and consent of the Senate, from 

16 among persons who are, by reason of education, ex17 perience, and attainments, exceptionally well quali18 fied to perform the duties of the Administrator. 

19 (2) FUNCTIONS AND POWERS.—The functions 

20 and powers of the Administration shall be vested in 

21 and exercised by the Administrator. 

22 (3) SUPERVISION AND DIRECTION.—The Ad23 ministration shall be administrated under the super24 vision and direction of the Administrator, who shall 


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1 be responsible for the efficient and coordinated man2 agement of the Administration. 

3 (4) DELEGATION.—The Administrator may, 

4 from time to time and to the extent permitted by 

5 law, delegate such functions of the Administrator as 

6 the Administrator determines to be appropriate. 

7 (5) COMPENSATION.—The President shall fix 

8 the total annual compensation of the Administrator 

9 in an amount that— 

10 (A) is sufficient to recruit and retain a 

11 person of demonstrated ability and achievement 

12 in managing large corporate or governmental 

13 organizations; and 

14 (B) does not exceed the total annual com15 pensation paid to the Chief Executive Officer of 

16 the Tennessee Valley Authority. 

17 (b) DEPUTY ADMINISTRATOR.— 

18 (1) APPOINTMENT.—There shall be in the Ad19 ministration a Deputy Administrator, who shall be 

20 appointed by the President, by and with the advice 

21 and consent of the Senate, from among persons who 

22 are, by reason of education, experience, and attain23 ments, exceptionally well qualified to perform the 

24 duties of the Deputy Administrator. 


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1 (2) DUTIES.—The Deputy Administrator 

2 shall— 

3 (A) perform such functions as the Admin4 istrator shall from time to time assign or dele5 gate; and 

6 (B) act as the Administrator during the 

7 absence or disability of the Administrator or in 

8 the event of a vacancy in the office of the Ad9 ministrator. 

10 (3) COMPENSATION.—The President shall fix 

11 the total annual compensation of the Deputy Admin12 istrator in an amount that— 

13 (A) is sufficient to recruit and retain a 

14 person of demonstrated ability and achievement 

15 in managing large corporate or governmental 

16 organizations; and 

17 (B) does not exceed the total annual com18 pensation paid to the Administrator. 

19 SEC. 203. OTHER OFFICERS. 

20 (a) ESTABLISHMENT.—There shall be in the Admin21 istration— 

22 (1) a General Counsel; 

23 (2) a Chief Financial Officer, who shall be ap24 pointed from among individuals who possess dem25 onstrated ability in general management of, and 


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1 knowledge of and extensive practical experience in, 

2 financial management practices in large govern3 mental or business entities; and 

4 (3) not more than 3 Assistant Administrators, 

5 who shall perform such functions as the Adminis6 trator shall specify from time to time. 

7 (b) APPOINTMENT.—Officers appointed under this 

8 section shall— 

9 (1) be appointed by the Administrator; 

10 (2) be considered career appointees; and 

11 (3) be subject to section 161 d. of the Atomic 

12 Energy Act of 1954 (42 U.S.C. 2201(d)). 

13 (c) ORDER OF SUCCESSION.—The Administrator 

14 may designate the order in which the officers appointed 

15 pursuant to this section shall act for, and perform the 

16 functions of, the Administrator during the absence or dis17 ability of the Administrator and the Deputy Administrator 

18 or in the event of vacancies in the offices of the Adminis19 trator and the Deputy Administrator. 

20 SEC. 204. INSPECTOR GENERAL. 

21 There shall be in the Administration an Inspector 

22 General, who shall be appointed by the President, by and 

23 with the advice and consent of the Senate, in accordance 

24 with section 3 of the Inspector General Act of 1978 (5 

25 U.S.C. App.). 


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1 SEC. 205. NUCLEAR WASTE OVERSIGHT BOARD. 

2 (a) ESTABLISHMENT.—There is established an inde3 pendent establishment in the executive branch, to be 

4 known as the ‘‘Nuclear Waste Oversight Board’’, to over5 see the administration of this Act and protect the public 

6 interest in the implementation of this Act. 

7 (b) MEMBERS.—The Oversight Board shall consist 

8 of— 

9 (1) the Deputy Director of the Office of Man10 agement and Budget; 

11 (2) the Chief of Engineers of the Army Corps 

12 of Engineers; and 

13 (3) the Deputy Secretary of Energy. 

14 (c) CHAIR.—The President shall designate 1 of the 

15 3 members as chair. 

16 (d) FUNCTIONS.—The Oversight Board shall— 

17 (1) review, on an ongoing basis— 

18 (A) the progress made by the Adminis19 trator to site, construct, and operate nuclear 

20 waste facilities under this Act; 

21 (B) the use of funds made available to the 

22 Administrator under this Act; 

23 (C) whether the fees collected from con24 tract holders are sufficient to ensure full cost 

25 recovery or require adjustment; and 


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1 (D) the liability of the United States to 

2 contract holders; 

3 (2) identify any problems that may impede the 

4 implementation of this Act; and 

5 (3) recommend to the Administrator, the Presi6 dent, or Congress, as appropriate, any actions that 

7 may be needed to ensure the implementation of this 

8 Act. 

9 (e) MEETINGS.—The Oversight Board shall meet at 

10 least once every 90 days. 

11 (f) REPORTS.—The Oversight Board shall report the 

12 findings, conclusions, and recommendations of the Over13 sight Board to the Administrator, the President, and Con14 gress not less than once per year. 

15 (g) EXECUTIVE SECRETARY.—The Oversight Board 

16 shall appoint and fix the compensation of an Executive 

17 Secretary, who shall— 

18 (1) assemble and maintain the reports, records, 

19 and other papers of the Oversight Board; and 

20 (2) perform such functions as the Oversight 

21 Board shall from time to time assign or delegate. 

22 (h) ADDITIONAL STAFF.— 

23 (1) APPOINTMENT.—The Oversight Board may 

24 appoint and fix the compensation of such additional 


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1 clerical and professional staff as may be necessary to 

2 discharge the responsibilities of the Oversight Board. 

3 (2) LIMITATION.—The Oversight Board may 

4 appoint not more than 10 clerical or professional 

5 staff members under this subsection. 

6 (3) SUPERVISION AND DIRECTION.—The cler7 ical and professional staff of the Oversight Board 

8 shall be under the supervision and direction of the 

9 Executive Secretary. 

10 (i) ACCESS TO INFORMATION.— 

11 (1) DUTY TO INFORM.—The Administrator 

12 shall keep the Oversight Board fully and currently 

13 informed on all of the activities of the Administra14 tion. 

15 (2) PRODUCTION OF DOCUMENTS.—The Ad16 ministrator shall provide the Oversight Board with 

17 such records, files, papers, data, or information as 

18 may be requested by the Oversight Board. 

19 (j) SUPPORT SERVICES.—To the extent permitted by 

20 law and requested by the Oversight Board, the Adminis21 trator of General Services shall provide the Oversight 

22 Board with necessary administrative services, facilities, 

23 and support on a reimbursable basis. 

24 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to the Oversight Board 


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1 from amounts in the Nuclear Waste Fund to carry out 

2 this section such sums as are necessary. 

3 SEC. 206. CONFORMING AMENDMENTS. 

4 (a) Section 901(b)(2) of title 31, United States Code, 

5 is amended by adding at the end the following: 

6 ‘‘(R) The Nuclear Waste Administration.’’. 

7 (b) Section 12 of the Inspector General Act of 1978 

8 (5 U.S.C. App.) is amended— 

9 (1) in paragraph (1), by inserting ‘‘the Nuclear 

10 Waste Administration;’’ after ‘‘Export-Import 

11 Bank;’’; and 

12 (2) in paragraph (2), by inserting ‘‘the Nuclear 

13 Waste Administration,’’ after ‘‘Export-Import 

14 Bank,’’. 

15 TITLE III—FUNCTIONS 

16 SEC. 301. TRANSFER OF FUNCTIONS. 

17 There are transferred to and vested in the Adminis18 trator all functions vested in the Secretary by— 

19 (1) the Nuclear Waste Policy Act of 1982 (42 

20 U.S.C. 10101 et seq.) relating to— 

21 (A) the construction and operation of a re22 pository; 

23 (B) entering into and performing contracts 

24 for the disposal of nuclear waste under section 

25 302 of that Act (42 U.S.C. 10222); 


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1 (C) the collection, adjustment, deposition, 

2 and use of fees to offset expenditures for the 

3 management of nuclear waste; and 

4 (D) the issuance of obligations under sec5 tion 302(e)(5) of the Nuclear Waste Policy Act 

6 of 1982 (42 U.S.C. 10222(e)(5)); and 

7 (2) section 312 of the Energy and Water Devel8 opment and Related Agencies Appropriations Act, 

9 2013, relating to the pilot program for the construc10 tion and operation of one or more storage facilities 

11 to the extent provided in a cooperative agreement 

12 transferred to the Administrator pursuant to section 

13 302(b). 

14 SEC. 302. TRANSFER OF CONTRACTS. 

15 (a) DISPOSAL CONTRACTS.—Each contract for the 

16 disposal of nuclear waste entered into by the Secretary 

17 before the date of enactment of this Act shall continue 

18 in effect according to the terms of the contract with the 

19 Administrator substituted for the Secretary. 

20 (b) COOPERATIVE AGREEMENT.—Each cooperative 

21 agreement entered into by the Secretary pursuant to sec22 tion 312 of the Energy and Water Development and Re23 lated Agencies Appropriations Act, 2013, before the date 

24 of enactment of this Act shall continue in effect according 


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1 to the terms of the agreement with the Administrator sub2 stituted for the Secretary. 

3 SEC. 303. ADDITIONAL FUNCTIONS. 

4 In addition to the functions transferred to the Ad5 ministrator under section 301, the Administrator may 

6 site, construct, and operate— 

7 (1) additional repositories if the Administrator 

8 determines that additional disposal capacity is nec9 essary to meet the disposal obligations of the Admin10 istrator; 

11 (2) a test and evaluation facility in connection 

12 with a repository if the Administrator determines a 

13 test and evaluation facility is necessary to develop 

14 data and experience for the safe handling and dis15 posal of nuclear waste at a repository; and 

16 (3) additional storage facilities if the Adminis17 trator determines that additional storage capacity is 

18 necessary pending the availability of adequate dis19 posal capacity. 

20 SEC. 304. SITING NUCLEAR WASTE FACILITIES. 

21 (a) IN GENERAL.—In siting nuclear waste facilities 

22 under this Act, the Administrator shall employ a process 

23 that— 


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1 (1) allows affected communities to decide 

2 whether, and on what terms, the affected commu3 nities will host a nuclear waste facility; 

4 (2) is open to the public and allows interested 

5 persons to be heard in a meaningful way; 

6 (3) is flexible and allows decisions to be re7 viewed and modified in response to new information 

8 or new technical, social, or political developments; 

9 and 

10 (4) is based on sound science and meets public 

11 health, safety, and environmental standards. 

12 (b) SITING GUIDELINES.— 

13 (1) ISSUANCE.—Not later than 1 year after the 

14 date of enactment of this Act, the Administrator 

15 shall issue general guidelines for the consideration of 

16 candidate sites for— 

17 (A) repositories; and 

18 (B) storage facilities. 

19 (2) REPOSITORIES.—In adopting guidelines for 

20 repositories under paragraph (1), the Administrator 

21 shall comply with the requirements of section 112(a) 

22 of the Nuclear Waste Policy Act of 1992 (42 U.S.C. 

23 10132(a)). 

24 (3) STORAGE FACILITIES.— 


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1 (A) IN GENERAL.—In adopting guidelines 

2 for storage facilities under paragraph (1), the 

3 Administrator shall comply with the require4 ments of section 112(a) of the Nuclear Waste 

5 Policy Act of 1992 (42 U.S.C. 10132(a)), ex6 cept to the extent that section 112(a) of that 

7 Act requires consideration of underground geo8 physical conditions that the Administrator de9 termines do not apply to above-ground storage. 

10 (B) OTHER FACTORS.—In addition to the 

11 requirements described in subparagraph (A), 

12 the guidelines for storage facilities shall require 

13 the Administrator to take into account the ex14 tent to which a storage facility would— 

15 (i) enhance the reliability and flexi16 bility of the system for the disposal of nu17 clear waste; 

18 (ii) minimize the impacts of transpor19 tation and handling of nuclear waste; and 

20 (iii) unduly burden a State in which 

21 significant volumes of— 

22 (I) defense wastes are stored; or 

23 (II) transuranic wastes are dis24 posed. 


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1 (4) REVISIONS.—The Administrator may revise 

2 the guidelines in a manner consistent with this sub3 section and section 112(a) of the Nuclear Waste 

4 Policy Act of 1982 (42 U.S.C. 10132(a)). 

5 (c) IDENTIFICATION OF CANDIDATE SITES.— 

6 (1) REVIEW OF POTENTIAL SITES.—As soon as 

7 practicable after the date of the issuance of the 

8 guidelines under subsection (b), the Administrator 

9 shall evaluate potential sites for a nuclear waste fa10 cility to determine whether the sites are suitable for 

11 site characterization. 

12 (2) SITES ELIGIBLE FOR REVIEW.—The Admin13 istrator shall select sites for evaluation under para14 graph (1) from among sites recommended by— 

15 (A) the Governor or duly authorized offi16 cial of the State in which the site is located; 

17 (B) the governing body of the affected unit 

18 of general local government; 

19 (C) the governing body of an Indian tribe 

20 within the reservation boundaries of which the 

21 site is located; or 

22 (D) the Administrator, after consultation 

23 with, and with the consent of— 

24 (i) the Governor of the State in which 

25 the site is located; 


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1 (ii) the governing body of the affected 

2 unit of general local government; and 

3 (iii) the governing body of the Indian 

4 tribe, if the site is located within the res5 ervation of an Indian tribe. 

6 (3) SITE INVESTIGATIONS.—In evaluating a site 

7 under this subsection prior to any determination of 

8 the suitability of the site for site characterization, 

9 the Administrator— 

10 (A) shall use available geophysical, geologi11 cal, geochemical, hydrological, and other infor12 mation; and 

13 (B) shall not perform any preliminary bor14 ings or excavations at the site unless necessary 

15 to determine the suitability of the site and au16 thorized by the landowner. 

17 (4) DETERMINATION OF SUITABILITY.—The 

18 Administrator shall determine whether a site is suit19 able for site characterization based on an environ20 mental assessment of the site, which shall include— 

21 (A) an evaluation by the Administrator of 

22 whether the site qualifies for development as a 

23 nuclear waste facility under the guidelines es24 tablished under subsection (b), including a safe25 ty case that provides the basis for confidence in 


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1 the safety of the proposed nuclear waste facility 

2 at the proposed site; 

3 (B) an evaluation by the Administrator of 

4 the effects of site characterization activities on 

5 public health and safety and the environment; 

6 (C) a reasonable comparative evaluation by 

7 the Administrator of the site with other sites 

8 considered by— 

9 (i) the Administrator under this sec10 tion; or 

11 (ii) the Secretary under the Nuclear 

12 Waste Policy Act of 1982 (42 U.S.C. 

13 10101 et seq.); 

14 (D) a description of the decision process by 

15 which the site was recommended; and 

16 (E) an assessment of the regional and local 

17 impacts of locating a repository or storage facil18 ity at the site. 

19 (d) SITE CHARACTERIZATION.— 

20 (1) SELECTION OF SITES.—From among the 

21 sites determined to be suitable for site characteriza22 tion under subsection (c), the Administrator shall se23 lect— 

24 (A) at least 1 site for site characterization 

25 as a repository; and 


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1 (B) at least 1 site for site characterization 

2 as a storage facility. 

3 (2) PREFERENCE FOR CO-LOCATED REPOSI4 TORY AND STORAGE FACILITY.—In selecting sites 

5 for site characterization as a storage facility, the Ad6 ministrator shall give preference to sites determined 

7 to be suitable for co-location of a storage facility and 

8 a repository. 

9 (3) PUBLIC HEARINGS.—Before selecting a site 

10 for site characterization, the Administrator shall 

11 hold public hearings in the vicinity of the site and 

12 at least 1 other location within the State in which 

13 the site is located— 

14 (A) to inform the public of the proposed 

15 site characterization; and 

16 (B) to solicit public comments and rec17 ommendations with respect to the site charac18 terization plan of the Administrator. 

19 (4) CONSULTATION AND COOPERATION AGREE20 MENT.— 

21 (A) REQUIREMENT.—Before selecting a 

22 site for site characterization, the Administrator 

23 shall enter into a consultation and cooperation 

24 agreement with— 


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1 (i) the Governor of the State in which 

2 the site is located; 

3 (ii) the governing body of the affected 

4 unit of general local government; and 

5 (iii) the governing body of an affected 

6 Indian tribe, in the case of— 

7 (I) a site located within the 

8 boundaries of a reservation; or 

9 (II) an Indian tribe the federally 

10 defined possessory or usage rights to 

11 land outside of a reservation of which 

12 may be substantially and adversely af13 fected by the repository or storage fa14 cility. 

15 (B) CONTENTS.—The consultation and co16 operation agreement shall provide— 

17 (i) compensation to the State, any af18 fected units of local government, and any 

19 affected Indian tribes for any potential 

20 economic, social, public health and safety, 

21 and environmental impacts associated with 

22 site characterization; and 

23 (ii) financial and technical assistance 

24 to enable the State, affected units of local 

25 government, and affected Indian tribes to 


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1 monitor, review, evaluate, comment on, ob2 tain information on, and make rec3 ommendations on site characterization ac4 tivities. 

5 (e) FINAL SITE SUITABILITY DETERMINATION.— 

6 (1) DETERMINATION REQUIRED.—On comple7 tion of site characterization activities, the Adminis8 trator shall make a final determination of whether 

9 the site is suitable for development as a repository 

10 or storage facility. 

11 (2) BASIS OF DETERMINATION.—In making a 

12 determination under paragraph (1), the Adminis13 trator shall determine if— 

14 (A) the site is scientifically and technically 

15 suitable for development as a repository or stor16 age facility, taking into account— 

17 (i) whether the site meets the siting 

18 guidelines of the Administrator; and 

19 (ii) whether there is reasonable assur20 ance that a repository or storage facility at 

21 the site will meet— 

22 (I) the radiation protection 

23 standards of the Administrator of the 

24 Environmental Protection Agency; 

25 and 


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1 (II) the licensing standards of 

2 the Commission; and 

3 (B) development of a repository or storage 

4 facility at the site is in the national interest. 

5 (3) PUBLIC HEARINGS.—Before making a final 

6 determination under paragraph (1), the Adminis7 trator shall hold public hearings in the vicinity of 

8 the site and at least 1 other location within the 

9 State in which the site is located to solicit public 

10 comments and recommendations on the proposed de11 termination. 

12 (f) CONSENT AGREEMENTS.— 

13 (1) REQUIREMENT.—On making a final deter14 mination of site suitability under subsection (e), but 

15 before submitting a license application to the Com16 mission under subsection (g), the Administrator 

17 shall enter into a consent agreement with— 

18 (A) the Governor of the State in which the 

19 site is located; 

20 (B) the governing body of the affected unit 

21 of general local government; and 

22 (C) if the site is located on a reservation, 

23 the governing body of the affected Indian tribe. 

24 (2) CONTENTS.—The consent agreement 

25 shall— 


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1 (A) contain the terms and conditions on 

2 which each State, local government, and Indian 

3 tribe consents to host the repository or storage 

4 facility; and 

5 (B) express the consent of each State, local 

6 government, and Indian tribe to host the reposi7 tory or storage facility. 

8 (3) TERMS AND CONDITIONS.—The terms and 

9 conditions under paragraph (2)(A)— 

10 (A) shall promote the economic and social 

11 well-being of the people living in the vicinity of 

12 the repository or storage facility; and 

13 (B) may include— 

14 (i) financial compensation and incen15 tives; 

16 (ii) economic development assistance; 

17 (iii) operational limitations or require18 ments; 

19 (iv) regulatory oversight authority; 

20 and 

21 (v) in the case of a storage facility, an 

22 enforceable deadline for removing nuclear 

23 waste from the storage facility. 


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1 (4) RATIFICATION.—No consent agreement en2 tered into under this section shall have legal effect 

3 unless ratified by law. 

4 (5) BINDING EFFECT.—On ratification by law, 

5 the consent agreement— 

6 (A) shall be binding on the parties; and 

7 (B) shall not be amended or revoked ex8 cept by mutual agreement of the parties. 

9 (g) SUBMISSION OF LICENSE APPLICATION.—On de10 termining that a site is suitable under subsection (e) and 

11 ratification of a consent agreement under subsection (f), 

12 the Administrator shall submit to the Commission an ap13 plication for a construction authorization for the reposi14 tory or storage facility. 

15 SEC. 305. LICENSING NUCLEAR WASTE FACILITIES. 

16 (a) RADIATION PROTECTION STANDARDS.—Not later 

17 than 1 year after the date of enactment of this Act, the 

18 Administrator of the Environmental Protection Agency, 

19 pursuant to authority under other provisions of law, shall 

20 adopt, by rule, generally applicable standards for protec21 tion of the general environment from offsite releases from 

22 radioactive material in geological repositories. 

23 (b) COMMISSION REGULATIONS.—Not later than 1 

24 year after the adoption of generally applicable standards 

25 by the Administrator of the Environmental Protection 


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1 Agency under subsection (a), the Commission, pursuant 

2 to authority under other provisions of law, shall amend 

3 the regulations of the Commission governing the licensing 

4 of geological repositories to be consistent with any com5 parable standards adopted by the Administrator of the 

6 Environmental Protection Agency under subsection (a). 

7 (c) CONSTRUCTION AUTHORIZATION.— 

8 (1) APPLICABLE LAWS.—The Commission shall 

9 consider an application for a construction authoriza10 tion for a nuclear waste facility in accordance with 

11 the laws (including regulations) applicable to the ap12 plications. 

13 (2) FINAL DECISION.—Not later than 3 years 

14 after the date of the submission of the application, 

15 the Commission shall issue a final decision approv16 ing or disapproving the issuance of a construction 

17 authorization. 

18 (3) EXTENSION.—The Commission may extend 

19 the deadline under paragraph (2) by not more than 

20 1 year if, not less than 30 days before the deadline, 

21 the Commission submits to Congress and the Ad22 ministrator a written report that describes— 

23 (A) the reason for failing to meet the dead24 line; and 


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1 (B) the estimated time by which the Com2 mission will issue a final decision. 

3 SEC. 306. LIMITATION ON STORAGE. 

4 (a) IN GENERAL.—Except as provided in subsection 

5 (b), the Administrator may not possess, take title to, or 

6 store spent nuclear fuel at a storage facility licensed under 

7 this Act before ratification of a consent agreement for a 

8 repository under section 304(f)(4). 

9 (b) EXCEPTION.—The Administrator may possess, 

10 take title to, and store not more than 10,000 metric tons 

11 of spent nuclear fuel at a storage facility licensed and con12 structed pursuant to a cooperative agreement entered into 

13 before the date of enactment of this Act under section 312 

14 of the Energy and Water Development and Related Agen15 cies Appropriations Act, 2013, before ratification of a con16 sent agreement for a repository under section 304(f)(4). 

17 SEC. 307. DEFENSE WASTE. 

18 (a) DISPOSAL AND STORAGE BY ADMINISTRATION.— 

19 The Secretary— 

20 (1) shall arrange for the Administrator to dis21 pose of defense wastes in a repository developed 

22 under this Act; and 

23 (2) may arrange for the Administrator to store 

24 spent nuclear fuel from the naval nuclear propulsion 

25 program pending disposal in a repository. 


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1 (b) MEMORANDUM OF AGREEMENT.—The arrange2 ments shall be covered by a memorandum of agreement 

3 between the Secretary and the Administrator. 

4 (c) COSTS.—The portion of the cost of developing, 

5 constructing, and operating the repository or storage fa6 cilities under this Act that is attributable to defense 

7 wastes shall be allocated to the Federal Government and 

8 paid by the Federal Government into the Working Capital 

9 Fund. 

10 (d) PROHIBITION.—No defense waste may be stored 

11 or disposed of by the Administrator in any storage facility 

12 or repository constructed under this Act or section 312 

13 of the Energy and Water Development and Related Agen14 cies Appropriations Act, 2013, until funds are appro15 priated to the Working Capital Fund in an amount equal 

16 to the fees that would be paid by contract holders under 

17 section 302 of the Nuclear Waste Policy Act of 1982 (42 

18 U.S.C. 10222) if such nuclear waste were generated by 

19 a contract holder. 

20 SEC. 308. TRANSPORTATION. 

21 (a) IN GENERAL.—The Administrator shall be re22 sponsible for transporting nuclear waste— 

23 (1) from the site of a contract holder to a stor24 age facility or repository; 

25 (2) from a storage facility to a repository; and 


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1 (3) in the case of defense waste, from a Depart2 ment of Energy site to a repository. 

3 (b) CERTIFIED PACKAGES.—No nuclear waste may 

4 be transported under this Act except in packages— 

5 (1) the design of which has been certified by 

6 the Commission; and 

7 (2) that have been determined by the Commis8 sion to satisfy the quality assurance requirements of 

9 the Commission. 

10 (c) NOTIFICATION.—Prior to any transportation of 

11 nuclear waste under this Act, the Administrator shall pro12 vide advance notification to States and Indian tribes 

13 through whose jurisdiction the Administrator plans to 

14 transport the nuclear waste. 

15 (d) TRANSPORTATION ASSISTANCE.— 

16 (1) PUBLIC EDUCATION.—The Administrator 

17 shall conduct a program to provide information to 

18 the public about the transportation of nuclear waste. 

19 (2) TRAINING.—The Administrator shall pro20 vide financial and technical assistance to States and 

21 Indian tribes through whose jurisdiction the Admin22 istrator plans to transport nuclear waste to train 

23 public safety officials and other emergency respond24 ers on— 


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1 (A) procedures required for the safe, rou2 tine transportation of nuclear waste; and 

3 (B) procedures for dealing with emergency 

4 response situations involving nuclear waste, in5 cluding instruction of— 

6 (i) government and tribal officials and 

7 public safety officers in command and con8 trol procedures; 

9 (ii) emergency response personnel; 

10 and 

11 (iii) radiological protection and emer12 gency medical personnel. 

13 (3) EQUIPMENT.—The Administrator shall pro14 vide monetary grants and contributions in-kind to 

15 assist States and Indian tribes through whose juris16 diction the Administrator plans to transport nuclear 

17 waste for the purpose of acquiring equipment for re18 sponding to a transportation incident involving nu19 clear waste. 

20 (4) TRANSPORTATION SAFETY PROGRAMS.— 

21 The Administrator shall provide in-kind, financial, 

22 technical, and other appropriate assistance to States 

23 and Indian tribes through whose jurisdiction the Ad24 ministrator plans to transport nuclear waste for 


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1 transportation safety programs related to shipments 

2 of nuclear waste. 

3 TITLE IV—FUNDING AND LEGAL 

4 PROCEEDINGS 

5 SEC. 401. WORKING CAPITAL FUND. 

6 (a) ESTABLISHMENT.—There is established in the 

7 Treasury a separate fund, to be known as the ‘‘Nuclear 

8 Waste Administration Working Capital Fund’’, which 

9 shall be separate from the Nuclear Waste Fund. 

10 (b) CONTENTS.—The Working Capital Fund shall 

11 consist of— 

12 (1) all fees paid by contract holders pursuant to 

13 section 302(a) of the Nuclear Waste Policy Act of 

14 1982 (42 U.S.C. 10222(a)) on or after the date of 

15 enactment of this Act, which shall be paid into the 

16 Working Capital Fund— 

17 (A) notwithstanding section 302(c)(1) of 

18 the Nuclear Waste Policy Act of 1982 (42 

19 U.S.C. 10222(c)(1)); and 

20 (B) immediately on the payment of the 

21 fees; 

22 (2) any appropriations made by Congress to 

23 pay the share of the cost of the program established 

24 under this Act attributable to defense wastes; and 


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1 (3) interest paid on the unexpended balance of 

2 the Working Capital Fund. 

3 (c) AVAILABILITY.—All funds deposited in the Work4 ing Capital Fund— 

5 (1) shall be immediately available to the Admin6 istrator to carry out the functions of the Adminis7 trator, except to the extent limited in annual author8 ization or appropriation Acts; 

9 (2) shall remain available until expended; and 

10 (3) shall not be subject to apportionment under 

11 subchapter II of chapter 15 of title 31, United 

12 States Code. 

13 (d) USE OF FUND.—Except to the extent limited in 

14 annual authorization or appropriation Acts, the Adminis15 trator may make expenditures from the Working Capital 

16 Fund only for purposes of carrying out functions author17 ized by this Act. 

18 SEC. 402. NUCLEAR WASTE FUND. 

19 (a) ELIMINATION OF LEGISLATIVE VETO.—Section 

20 302(a)(4) of the Nuclear Waste Policy Act of 1982 (42 

21 U.S.C. 10222(a)(4)) is amended in the last sentence by 

22 striking ‘‘transmittal unless’’ and all that follows through 

23 the end of the sentence and inserting ‘‘transmittal.’’. 


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1 (b) INTEREST ON UNEXPENDED BALANCES.—Sec2 tion 302(e)(3) of the Nuclear Waste Policy Act of 1982 

3 (42 U.S.C. 10222(e)(3)) is amended— 

4 (1) by striking ‘‘Secretary’’ the first, second, 

5 and fourth place it appears and inserting ‘‘Adminis6 trator of the Nuclear Waste Administration’’; and 

7 (2) by striking ‘‘the Waste Fund’’ each place it 

8 appears and inserting ‘‘the Waste Fund or the 

9 Working Capital Fund established by section 401 of 

10 the Nuclear Waste Administration Act of 2012’’. 

11 SEC. 403. FULL COST RECOVERY. 

12 In determining whether insufficient or excess reve13 nues are being collected to ensure full cost recovery under 

14 section 302(a)(4) of the Nuclear Waste Policy Act of 1982 

15 (42 U.S.C. 10222(a)(4)), the Administrator shall— 

16 (1) assume that sufficient funds will be appro17 priated to the Nuclear Waste Fund to cover the 

18 costs attributable to disposal of defense wastes; and 

19 (2) take into account the additional costs re20 sulting from the enactment of this Act. 

21 SEC. 404. JUDICIAL REVIEW. 

22 (a) JURISDICTION.— 

23 (1) COURTS OF APPEALS.—Except for review in 

24 the Supreme Court, a United States court of appeals 


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1 shall have original and exclusive jurisdiction over 

2 any civil action— 

3 (A) for review of any final decision or ac4 tion of the Administrator or the Commission 

5 under this Act; 

6 (B) alleging the failure of the Adminis7 trator or the Commission to make any decision, 

8 or take any action, required under this Act; 

9 (C) challenging the constitutionality of any 

10 decision made, or action taken, under this Act; 

11 or 

12 (D) for review of any environmental as13 sessment or environmental impact statement 

14 prepared pursuant to the National Environ15 mental Policy Act of 1969 (42 U.S.C. 4321 et 

16 seq.) with respect to any action under this Act, 

17 or alleging a failure to prepare any such assess18 ment or statement with respect to any such ac19 tion. 

20 (2) VENUE.—The venue of any proceeding 

21 under this section shall be in— 

22 (A) the judicial circuit in which the peti23 tioner involved resides or has the principal of24 fice of the petitioner; or 


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1 (B) the United States Court of Appeals for 

2 the District of Columbia Circuit. 

3 (b) DEADLINE FOR COMMENCING ACTION.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), a civil action for judicial review described 

6 in subsection (a)(1) may be brought not later than 

7 the date that is 180 days after the date of the deci8 sion or action or failure to act involved. 

9 (2) NO KNOWLEDGE OF DECISION OR AC10 TION.—If a party shows that the party did not know 

11 of the decision or action complained of (or of the 

12 failure to act) and that a reasonable person acting 

13 under the circumstances would not have known, the 

14 party may bring a civil action not later than 180 

15 days after the date the party acquired actual or con16 structive knowledge of the decision, action, or failure 

17 to act. 

18 SEC. 405. LITIGATION AUTHORITY. 

19 (a) SUPERVISION BY ATTORNEY GENERAL.—The liti20 gation of the Administration shall be subject to the super21 vision of the Attorney General pursuant to chapter 31 of 

22 title 28, United States Code. 

23 (b) ATTORNEYS OF ADMINISTRATION.—The Attor24 ney General may authorize any attorney of the AdminisVerDate Mar 15 2010 03:23 Aug 07, 2012 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S3469.IS S3469

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1 tration to conduct any civil litigation of the Administration 

2 in any Federal court, except the Supreme Court. 

3 SEC. 406. LIABILITIES. 

4 (a) PENDING LEGAL PROCEEDINGS.—Any suit, 

5 cause of action, or judicial proceeding commenced by or 

6 against the Secretary relating to functions or contracts 

7 transferred to the Administrator by this Act shall— 

8 (1) not abate by reason of the enactment of this 

9 Act; and 

10 (2) continue in effect with the Administrator 

11 substituted for the Secretary. 

12 (b) SETTLEMENT OF PENDING LITIGATION; CON13 TRACT MODIFICATION.— 

14 (1) SETTLEMENT.—The Attorney General, in 

15 consultation with the Administrator, shall settle all 

16 claims against the United States by a contract hold17 er for the breach of a contract for the disposal of 

18 nuclear waste under section 302(a) of the Nuclear 

19 Waste Policy Act of 1982 (42 U.S.C. 10222(a)) as 

20 a condition precedent of the agreement of the Ad21 ministrator to take title to and store the nuclear 

22 waste of the contract holder at a storage facility. 

23 (2) CONTRACT MODIFICATION.—The Adminis24 trator and contract holders shall modify contracts 

25 entered into under section 302(a) of the Nuclear 


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1 Waste Policy Act of 1982 (42 U.S.C. 10222(a)) in 

2 accordance with the settlement under paragraph (1). 

3 (c) PAYMENT OF JUDGMENTS AND SETTLEMENTS.— 

4 Payment of judgments and settlements in cases arising 

5 from the failure of the Secretary to meet the deadline of 

6 January 31, 1998, to begin to dispose of nuclear waste 

7 under contracts entered into under section 302(a)(1) of 

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

9 10222(a)(1)) shall continue to be paid from the perma10 nent judgment appropriation established pursuant to sec11 tion 1304 of title 31, United States Code. 

12 (d) NEW CONTRACTS.—Notwithstanding section 

13 302(a)(5) of the Nuclear Waste Policy Act of 1982 (42 

14 U.S.C. 10222(a)(5)), the Administrator shall not enter 

15 into any contract after the date of enactment of this Act 

16 that obligates the Administrator to begin disposing of nu17 clear waste before the Commission has licensed the Ad18 ministrator to operate a repository or storage facility. 

19 (e) NUCLEAR INDEMNIFICATION.— 

20 (1) INDEMNIFICATION AGREEMENTS.—For pur21 poses of section 170 of the Atomic Energy Act of 

22 1954 (42 U.S.C. 2210) (commonly known as the 

23 ‘‘Price-Anderson Act’’)— 

24 (A) any person that conducts nuclear 

25 waste activities under a contract with the AdVerDate Mar 15 2010 21:18 Aug 07, 2012 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S3469.IS S3469

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1 ministrator that may involve the risk of public 

2 liability shall be treated as a contractor of the 

3 Secretary; and 

4 (B) the Secretary shall enter into an 

5 agreement of indemnification with any person 

6 described in subparagraph (A). 

7 (2) CONFORMING AMENDMENT.—Section 11 ff. 

8 of the Atomic Energy Act of 1954 (42 U.S.C. 

9 2014(ff)) is amended by inserting ‘‘or the Nuclear 

10 Waste Administration’’ after ‘‘Secretary of Energy’’. 

11 TITLE V—ADMINISTRATIVE AND 

12 SAVINGS PROVISIONS 

13 SEC. 501. ADMINISTRATIVE POWERS OF ADMINISTRATOR. 

14 The Administrator shall have the power— 

15 (1) to perform the functions of the Secretary 

16 transferred to the Administrator pursuant to this 

17 Act; 

18 (2) to enter into contracts with any person who 

19 generates or holds title to nuclear waste generated 

20 in a civilian nuclear power reactor for the acceptance 

21 of title, subsequent transportation, storage, and dis22 posal of the nuclear waste; 

23 (3) to enter into and perform contracts, leases, 

24 and cooperative agreements with public agencies, 

25 private organizations, and persons necessary or apVerDate Mar 15 2010 03:23 Aug 07, 2012 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S3469.IS S3469

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1 propriate to carry out the functions of the Adminis2 trator; 

3 (4) to acquire, in the name of the United 

4 States, real estate for the construction, operation, 

5 and decommissioning of nuclear waste facilities; 

6 (5) to obtain from the Administrator of General 

7 Services the services the Administrator of General 

8 Services is authorized to provide agencies of the 

9 United States, on the same basis as those services 

10 are provided to other agencies of the United States; 

11 (6) to conduct nongeneric research, develop12 ment, and demonstration activities necessary or ap13 propriate to carrying out the functions of the Ad14 ministrator; and 

15 (7) to make such rules and regulations, not in16 consistent with this Act, as may be necessary to 

17 carry out the functions of the Administrator. 

18 SEC. 502. PERSONNEL. 

19 (a) OFFICERS AND EMPLOYEES.— 

20 (1) APPOINTMENT.—In addition to the senior 

21 officers described in section 203, the Administrator 

22 may appoint and fix the compensation of such offi23 cers and employees as may be necessary to carry out 

24 the functions of the Administration. 


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1 (2) COMPENSATION.—Except as provided in 

2 paragraph (3), officers and employees appointed 

3 under this subsection shall be appointed in accord4 ance with the civil service laws and the compensation 

5 of the officers and employees shall be fixed in ac6 cordance with title 5, United States Code. 

7 (3) EXCEPTION.—Notwithstanding paragraph 

8 (2), the Administrator may, to the extent the Ad9 ministrator determines necessary to discharge the 

10 responsibilities of the Administrator— 

11 (A) appoint exceptionally well qualified in12 dividuals to scientific, engineering, or other crit13 ical positions without regard to the provisions 

14 of chapter 33 of title 5, United States Code, 

15 governing appointments in the competitive serv16 ice; and 

17 (B) fix the basic pay of any individual ap18 pointed under subparagraph (A) at a rate of 

19 not more than level I of the Executive Schedule 

20 without regard to the civil service laws, except 

21 that the total annual compensation of the indi22 vidual shall be at a rate of not more than the 

23 highest total annual compensation payable 

24 under section 104 of title 3, United States 

25 Code. 


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1 (4) MERIT PRINCIPLES.—The Administrator 

2 shall ensure that the exercise of the authority grant3 ed under paragraph (3) is consistent with the merit 

4 principles of section 2301 of title 5, United States 

5 Code. 

6 (b) EXPERTS AND CONSULTANTS.—The Adminis7 trator may obtain the temporary or intermittent services 

8 of experts or consultants as authorized by section 3109 

9 of title 5, United States Code. 

10 (c) ADVISORY COMMITTEES.— 

11 (1) ESTABLISHMENT.—The Administrator may 

12 establish, in accordance with the Federal Advisory 

13 Committee Act (5 U.S.C. App.), such advisory com14 mittees as the Administrator may consider appro15 priate to assist in the performance of the functions 

16 of the Administrator. 

17 (2) COMPENSATION.—A member of an advisory 

18 committee, other than a full-time employee of the 

19 Federal Government, may be allowed travel ex20 penses, including per diem in lieu of subsistence, as 

21 authorized by section 5703 of title 5, United States 

22 Code, for individuals in the Government service 

23 without pay, while attending meetings of the advi24 sory committee or otherwise serving away from the 


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1 homes or regular place of business of the member at 

2 the request of the Administrator. 

3 SEC. 503. OFFICES. 

4 (a) PRINCIPAL OFFICE.—The principal office of the 

5 Administration shall be in or near the District of Colum6 bia. 

7 (b) FIELD OFFICES.—The Administrator may main8 tain such field offices as the Administrator considers nec9 essary to carry out the functions of the Administrator. 

10 SEC. 504. MISSION PLAN. 

11 (a) IN GENERAL.—The Administrator shall prepare 

12 a comprehensive report (referred to in this section as the 

13 ‘‘mission plan’’), which shall— 

14 (1) provide an informational basis sufficient to 

15 permit informed decisions to be made in carrying 

16 out the functions of the Administrator; and 

17 (2) provide verifiable indicators for oversight of 

18 the performance of the Administrator. 

19 (b) CONTENTS.—The mission plan shall include— 

20 (1) a description of the actions the Adminis21 trator plans to take to carry out the functions of the 

22 Administrator under this Act; 

23 (2) schedules and milestones for carrying out 

24 the functions of the Administrator; and 


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1 (3) an estimate of the amounts that the Admin2 istration will need Congress to appropriate from the 

3 Nuclear Waste Fund (in addition to amounts ex4 pected to be available from the Working Capital 

5 Fund) to carry out the functions of the Nuclear 

6 Waste Fund, on an annual basis. 

7 (c) PROPOSED MISSION PLAN.—Not later than 1 

8 year after the date of enactment of this Act, the Adminis9 trator shall submit a proposed mission plan for comment 

10 to— 

11 (1) Congress; 

12 (2) the Oversight Board; 

13 (3) the Commission; 

14 (4) the Nuclear Waste Technical Review Board 

15 established by section 502 of the Nuclear Waste Pol16 icy Act of 1982 (42 U.S.C. 10262); 

17 (5) the States; 

18 (6) affected Indian tribes; and 

19 (7) such other interested persons as the Admin20 istrator considers appropriate. 

21 (d) PUBLIC NOTICE AND COMMENT.—On submitting 

22 the proposed mission plan for comment under subsection 

23 (c), the Administrator shall— 


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1 (1) publish a notice in the Federal Register of 

2 the availability of the proposed mission plan for pub3 lic comment; and 

4 (2) provided interested persons an opportunity 

5 to comment on the proposed plan. 

6 (e) SUBMISSION OF FINAL MISSION PLAN.—After 

7 consideration of the comments received, the Administrator 

8 shall— 

9 (1) revise the proposed mission plan to the ex10 tent that the Administrator considers appropriate; 

11 and 

12 (2) submit the final mission plan to Congress, 

13 the President, and the Oversight Board. 

14 (f) REVISION OF THE MISSION PLAN.—The Adminis15 trator shall— 

16 (1) revise the mission plan, as appropriate, to 

17 reflect major changes in the planned activities, 

18 schedules, milestones, and cost estimates reported in 

19 the mission plan; and 

20 (2) submit the revised mission plan to Con21 gress, the President, and the Oversight Board prior 

22 to implementing the proposed changes. 

23 SEC. 505. ANNUAL REPORTS. 

24 (a) IN GENERAL.—The Administrator shall annually 

25 prepare and submit to Congress, the President, and the 


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1 Oversight Board a comprehensive report on the activities 

2 and expenditures of the Administration. 

3 (b) MANAGEMENT REPORT.—The annual report sub4 mitted under subsection (a) shall include— 

5 (1) the annual management report required 

6 under section 9106 of title 31, United States Code; 

7 and 

8 (2) the report on any audit of the financial 

9 statements of the Administration conducted under 

10 section 9105 of title 31, United States Code. 

11 SEC. 506. SAVINGS PROVISIONS; TERMINATIONS. 

12 (a) COMMISSION PROCEEDINGS.—This Act shall not 

13 affect any proceeding or any application for any license 

14 or permit pending before the Commission on the date of 

15 enactment of this Act. 

16 (b) AUTHORITY OF THE SECRETARY.—This Act shall 

17 not transfer or affect the authority of the Secretary with 

18 respect to— 

19 (1) the maintenance, treatment, packaging, and 

20 storage of defense wastes at Department of Energy 

21 sites prior to delivery to, and acceptance by, the Ad22 ministrator for disposal in a repository; 

23 (2) the conduct of generic research, develop24 ment, and demonstration activities related to nuclear 

25 waste management, including proliferation-resistant 


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1 advanced fuel recycling and transmutation tech2 nologies that minimize environmental and public 

3 health and safety impacts; and 

4 (3) training and workforce development pro5 grams relating to nuclear waste management. 

6 (c) PILOT PROGRAM.—Nothwithstanding section 

7 304, the Administrator may proceed with the siting and 

8 licensing of one or more consolidated storage facilities 

9 under a cooperative agreement entered into by the Sec10 retary pursuant to section 312 of the Energy and Water 

11 Development and Related Agencies Appropriations Act, 

12 2013, before the date of enactment of this Act in accord13 ance with— 

14 (1) the terms of the cooperative agreement; and 

15 (2) section 312 of the Energy and Water Devel16 opment and Related Agencies Appropriations Act, 

17 2013. 

18 (d) TERMINATIONS.—The authority for each function 

19 of the Secretary relating to the siting, construction, and 

20 operation of repositories, storage facilities, or test and 

21 evaluation facilities not transferred to the Administrator 

22 under this Act shall terminate on the date of enactment 

23 of this Act, including the authority— 

24 (1) to provide interim storage or monitored, re25 trievable storage under subtitles B and C of title I 


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

2 10151 et seq.); 

3 (2) to site or construct a test and evaluation fa4 cility under title II of the Nuclear Waste Policy Act 

5 of 1982 (42 U.S.C. 10191 et seq.); and 

6 (3) to issue requests for proposals or enter into 

7 agreements under section 312 of the Energy and 

8 Water Development and Related Agencies Appro9 priations Act, 2013. 

10 SEC. 507. TECHNICAL ASSISTANCE IN THE FIELD OF SPENT 

11 FUEL STORAGE AND DISPOSAL. 

12 (a) JOINT NOTICE.—Not later than 90 days after the 

13 date of enactment of this Act and annually for 5 suc14 ceeding years, the Secretary and the Commission shall up15 date and publish in the Federal Register the joint notice 

16 required by section 223(b) of the Nuclear Waste Policy 

17 Act of 1982 (42 U.S.C. 10203(b)). 

18 (b) INFORMING FOREIGN GOVERNMENTS.—As soon 

19 as practicable after the date of the publication of the an20 nual joint notice described in subsection (a), the Secretary 

21 of State shall inform the governments of nations and orga22 nizations operating nuclear power plants, solicit expres23 sions of interest, and transmit any such expressions of in24 terest to the Secretary and the Commission, as provided 


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1 in section 223(c) of the Nuclear Waste Policy Act of 1982 

2 (42 U.S.C. 10203(c)). 

3 (c) BUDGET REQUESTS.—The President shall in4 clude in the budget request of the President for the Com5 mission and the Department of Energy for each of fiscal 

6 years 2014 through 2019 such funding requests for a pro7 gram of cooperation and technical assistance with nations 

8 in the fields of spent nuclear fuel storage and disposal as 

9 the President determines appropriate in light of expres10 sions of interest in the cooperation and assistance. 

11 (d) ELIGIBILITY.—Notwithstanding any limitation on 

12 cooperation and technical assistance to non-nuclear weap13 on states under section 223 of the Nuclear Waste Policy 

14 Act of 1982 (42 U.S.C. 10203), the Secretary and the 

15 Commission may cooperate with and provide technical as16 sistance to nuclear weapon states, if the Secretary and the 

17 Commission determine the cooperation and technical as18 sistance is in the national interest. 

19 SEC. 508. NUCLEAR WASTE TECHNICAL REVIEW BOARD. 

20 (a) ELIGIBILITY.—Section 502(b)(3)(C)(iii)(I) of the 

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

22 10262(b)(3)(C)(iii)(I)) is amended by inserting ‘‘or the 

23 Nuclear Waste Administration’’ after ‘‘the Department of 

24 Energy’’. 


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1 (b) FUNCTIONS.—Section 503 of the Nuclear Waste 

2 Policy Act of 1982 (42 U.S.C. 10263) is amended by 

3 striking ‘‘Secretary after the date of the enactment of the 

4 Nuclear Waste Policy Amendments Act of 1987’’ and in5 serting ‘‘Nuclear Waste Administrator after the date of 

6 enactment of the Nuclear Waste Administration Act of 

7 2012’’. 

8 (c) PRODUCTION OF DOCUMENTS.—Section 504(b) 

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

10 10264(b)) is amended by striking ‘‘Secretary’’ each place 

11 it appears and inserting ‘‘Nuclear Waste Administrator’’. 

12 (d) REPORTS.—Section 508 of the Nuclear Waste 

13 Policy Act of 1982 (42 U.S.C. 10268) is amended in the 

14 first sentence by striking ‘‘Congress and the Secretary’’ 

15 and inserting ‘‘Congress, the Nuclear Waste Adminis16 trator, and the Nuclear Waste Oversight Board’’. 

17 (e) TERMINATION.—Section 510 of the Nuclear 

18 Waste Policy Act of 1982 (42 U.S.C. 10270) is amended 

19 by striking ‘‘Secretary’’ and inserting ‘‘Nuclear Waste Ad20 ministrator’’. 

21 SEC. 509. REPEAL OF VOLUME LIMITATION. 

22 Section 114(d) of the Nuclear Waste Policy Act of 

23 1982 (42 U.S.C. 10134(d)) is amended by striking the 

24 second and third sentences. 

Æ 


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