II 

117TH CONGRESS 

2D SESSION S. 3741 

To prohibit the use of Federal funds for the private interim storage of 

spent nuclear fuel, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2022 

Mr. HEINRICH (for himself and Mr. CRUZ) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To prohibit the use of Federal funds for the private interim 

storage of spent nuclear fuel, 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. PROHIBITION ON USE OF FEDERAL FUNDS FOR 

4 PRIVATE INTERIM STORAGE OF SPENT NU5 CLEAR FUEL UNTIL SUCH TIME THAT A PER6 MANENT REPOSITORY IS AVAILABLE TO AC7 CEPT THE SPENT NUCLEAR FUEL. 

8 (a) DEFINITIONS.—In this section: 

9 (1) DISPOSAL; MONITORED RETRIEVABLE STOR10 AGE FACILITY; REPOSITORY; SPENT NUCLEAR FUEL; 


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1 STORAGE.—The terms ‘‘disposal’’, ‘‘monitored re2 trievable storage facility’’, ‘‘repository’’, ‘‘spent nu3 clear fuel’’, and ‘‘storage’’ have the meanings given 

4 the terms in section 2 of the Nuclear Waste Policy 

5 Act of 1982 (42 U.S.C. 10101). 

6 (2) MONITORED RETRIEVABLE STORAGE.—The 

7 term ‘‘monitored retrievable storage’’ has the same 

8 meaning as in subtitle C of title I of the Nuclear 

9 Waste Policy Act of 1982 (42 U.S.C. 10161 et seq.). 

10 (b) PROHIBITION.— 

11 (1) IN GENERAL.—Notwithstanding any other 

12 provision of law and subject to subsection (c), during 

13 the period described in subsection (d), no Federal 

14 funds made available under any Act, including 

15 amounts made available under the permanent judg16 ment appropriation established pursuant to section 

17 1304 of title 31, United States Code (commonly 

18 known as the ‘‘Judgment Fund’’), for any fiscal year 

19 may be used for any costs associated with the identi20 fication, development, licensing, granting of rights21 of-way, construction, operation, decommissioning, or 

22 post-decommissioning maintenance and monitoring 

23 of any privately owned— 

24 (A) monitored retrievable storage facility; 


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1 (B) consolidated interim storage facility 

2 that serves the purpose and function of mon3 itored retrievable storage under the Nuclear 

4 Waste Policy Act of 1982 (42 U.S.C. 10101 et 

5 seq.); or 

6 (C) spent nuclear fuel storage facility 

7 that— 

8 (i) is not— 

9 (I) colocated at the site of a nu10 clear fuel production, fabrication, or 

11 utilization facility; or 

12 (II) in operation as of the date of 

13 enactment of this Act; and 

14 (ii) serves the purpose and function of 

15 monitored retrievable storage under the 

16 Nuclear Waste Policy Act of 1982 (42 

17 U.S.C. 10101 et seq.). 

18 (2) SCOPE.—The prohibition described in para19 graph (1) extends to contracting for the services of 

20 a private company for any storage of spent nuclear 

21 fuel at, or transportation of spent nuclear fuel to, a 

22 privately owned facility that serves the purpose and 

23 function of monitored retrievable storage under the 

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

25 et seq.) for the purpose of consolidating the storage 


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1 of domestic spent nuclear fuel at 1 or more facilities 

2 until such time that a repository is available to ac3 cept the spent nuclear fuel for permanent disposal. 

4 (c) LIMITATIONS.—Subsection (b) does not pro5 hibit— 

6 (1) a manufacturer of nuclear reactors or fabri7 cator of nuclear fuel from accepting spent nuclear 

8 fuel at the site where the spent nuclear fuel is fab9 ricated or generated; 

10 (2) an operating or decommissioned nuclear 

11 power plant from accepting spent nuclear fuel for in12 terim storage at the site of the plant; 

13 (3) the use of Federal funds for the costs de14 scribed in that subsection that are associated with 

15 the activities described in paragraphs (1) and (2); 

16 (4) the use of Federal funds for storage of 

17 spent nuclear fuel at, or the transportation of spent 

18 nuclear fuel to, federally owned facilities at Depart19 ment of Energy sites in existence as of the date of 

20 enactment of this Act; or 

21 (5) the transfer of spent nuclear fuel owned by 

22 the Department of Energy between Department of 

23 Energy sites. 

24 (d) PERIOD OF PROHIBITION DESCRIBED.—The pe25 riod referred to in subsection (b) is the period beginning 


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1 on the date of enactment of this Act and ending on the 

2 date on which the Secretary of Energy certifies to Con3 gress that a permanent repository is available to accept 

4 the spent nuclear fuel. 

5 (e) DEPARTMENT OF ENERGY FUNDS.—No funds of 

6 the Department of Energy shall be used to pay to any 

7 privately owned facility described in subsection (b) any 

8 damages awarded in any civil action in an appropriate dis9 trict court of the United States relating to the prohibition 

10 under subsection (b). 

11 (f) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to imply that, prior to the date 

13 of enactment of this Act, any privately owned facility de14 scribed in subsection (b) may receive any funds from the 

15 Federal Government for the activities prohibited under 

16 that subsection. 

17 (g) REPORT.—Not later than 180 days after the date 

18 of enactment of this Act, the Secretary of Energy shall 

19 submit to Congress a report detailing— 

20 (1) possible locations, or a description of a pos21 sible siting process, for future consolidated interim 

22 storage facilities and repositories of spent nuclear 

23 fuel if Congress were to authorize the siting, con24 struction, and operation of new storage facilities or 


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1 repositories through the use of a consent-based sys2 tem; and 

3 (2) the estimated costs and risks of that future 

4 consolidated interim storage. 

Æ 


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