I

107TH CONGRESS

1ST SESSION H. R. 2072

To redirect the Nuclear Waste Fund established under the Nuclear Waste

Policy Act of 1982 into research, development, and utilization of riskdecreasing technologies for the onsite storage and eventual reduction

of radiation levels of nuclear waste, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 6, 2001

Ms. BERKLEY introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on

Science, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

To redirect the Nuclear Waste Fund established under the

Nuclear Waste Policy Act of 1982 into research, development, and utilization of risk-decreasing technologies for

the onsite storage and eventual reduction of radiation

levels of 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.

4 This Act may be cited as the ‘‘21st Century Science

5 for Nuclear Waste Disposal Act of 2001’’.
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1 SEC. 2. FINDINGS.

2 The Congress makes the following findings:

3 (1) Under the Nuclear Waste Policy Act of

4 1982, the storage of high-level radioactive waste,

5 transuranic waste, and spent nuclear fuel is to be lo6 cated at a central repository.

7 (2) The Department of Energy estimates that

8 completing the Yucca Mountain central repository

9 project will cost $58,000,000,000, making the

10 project one of the most costly public works projects

11 in the world.

12 (3) Numerous geological and hydrological condi13 tions found at Yucca Mountain support the conten14 tion that Yucca Mountain is not a suitable site for

15 a central repository.

16 (4) Public health and safety regulations have

17 consistently been altered in order to make Yucca

18 Mountain appear to be a feasible option.

19 (5) Storing high-level radioactive waste in a

20 central repository at Yucca Mountain would require

21 the transportation of more than 70,000 tons of nu22 clear waste through 43 States, and through hun23 dreds of cities and towns. Fifty million Americans

24 live within one half mile of the shipping routes, cre25 ating an unacceptable risk of catastrophic radiation

26 exposure.
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1 (6) Current nuclear power reactor sites can

2 safely store high-level radioactive waste for another

3 100 years (according to the Nuclear Regulatory

4 Commission). By implementing the most advanced

5 existing technology, nuclear power reactor sites

6 could store waste for an additional 100 years, thus

7 eliminating the need to immediately site a central re8 pository.

9 (7) The United States can create solutions to

10 the long-term problems of storing high-level radio11 active waste by exploring emerging technologies with

12 the potential to neutralize highly radioactive waste.

13 (8) The research, development, and utilization

14 in the United States of risk-decreasing technologies

15 for the safe disposal of nuclear waste is not only fea16 sible, but it is our best alternative to storing high17 level nuclear waste at a central repository.

18 (9) The Nuclear Waste Fund has accumulated

19 more than $10,000,000,000 to store high-level nu20 clear radioactive waste in a central repository, a

21 failed concept. Given the scientific evidence against

22 the Yucca Mountain site, and the health and safety

23 problems inherent in the concept of a central high24 level radioactive waste repository, the Nuclear Waste

25 Fund should be directed toward the research, devel-
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1 opment, and utilization of these alternative waste

2 storage and disposal technologies to better protect

3 our environment.

4 (10) The insurmountable problems associated

5 with storing nuclear waste in a central repository re6 quires the Congress to terminate the Yucca Moun7 tain Project and to immediately launch a focused re8 search and development program to develop safe nu9 clear waste disposal technologies.

10 SEC. 3. NUCLEAR WASTE FUND.

11 Section 302 of the Nuclear Waste Policy Act of 1982

12 (42 U.S.C. 10222) is amended—

13 (1) in subsection (a)—

14 (A) by striking ‘‘CONTRACTS.—(1) In the’’

15 and all that follows through ‘‘described in sub16 section (d).’’ and inserting ‘‘PAYMENTS.—(1)

17 The Secretary shall provide for payments into

18 the Nuclear Waste Fund of fees pursuant to

19 paragraph (2) for use as provided in this sec20 tion.’’;

21 (B) by striking paragraphs (3), (5), and

22 (6) and redesignating paragraph (4) as para23 graph (3); and

24 (C) in paragraph (3), as so redesignated

25 by subparagraph (B) of this paragraph—
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1 (i) by striking ‘‘paragraphs (2) and

2 (3) above’’ and inserting ‘‘paragraph (2)’’;

3 (ii) by striking ‘‘offset the costs as de4 fined in subsection (d) herein’’ and insert5 ing ‘‘support the uses described in sub6 section (c)’’;

7 (iii) by striking ‘‘recover the costs in8 curred’’ and all that follows through ‘‘full

9 cost recovery.’’ and inserting ‘‘support the

10 uses described in subsection (c), the Sec11 retary shall propose an adjustment to the

12 fee to fully support those uses. The Sec13 retary shall also annually adjust the fee for

14 inflation.’’; and

15 (iv) by striking ‘‘this proposal for

16 such an adjustment to Congress’’ and all

17 that follows through ‘‘the Energy Policy

18 and Conservation Act’’ and inserting ‘‘pro19 posals for fee adjustment to Congress’’;

20 (2) by striking subsections (b) and (d);

21 (3) by redesignating subsections (c) and (e) as

22 subsections (b) and (d), respectively;

23 (4) in subsection (b), as so redesignated by

24 paragraph (3) of this section—
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1 (A) by striking ‘‘, (b), and (e)’’ and insert2 ing ‘‘and (d)’’ in paragraph (1);

3 (B) by inserting ‘‘and’’ at the end to para4 graph (1);

5 (C) by striking ‘‘; and’’ at the end of para6 graph (2) and inserting a period; and

7 (D) by striking paragraph (3);

8 (5) by inserting after subsection (b), as so re9 designated by paragraph (3) of this section, the fol10 lowing new subsection:

11 ‘‘(c) USES OF NUCLEAR WASTE FUND.—The Nu12 clear Waste Fund shall be available to the Secretary only

13 to pay the cost of research, development, and utilization

14 in the United States of risk-decreasing technologies, with

15 an emphasis on technologies that—

16 ‘‘(1) increase the length of time that nuclear

17 waste can be safely stored at or near—

18 ‘‘(A) in the case of waste existing on the

19 date of enactment of the 21st Century Science

20 for Nuclear Waste Disposal Act of 2001, the

21 site where the waste was located on such date

22 of enactment; and

23 ‘‘(B) in the case of waste not existing on

24 the date of enactment of the 21st Century
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1 Science for Nuclear Waste Disposal Act of

2 2001, the site where the waste is generated;

3 ‘‘(2) require the least amount of transportation

4 of nuclear waste practicable; and

5 ‘‘(3) reduce the level of radiation of the nuclear

6 waste.

7 The Government shall not use any funds for research, de8 velopment, or implementation of a central high-level radio9 active waste and spent nuclear fuel repository.’’; and

10 (6) in subsection (d), as so redesignated by

11 paragraph (3) of this section, by striking ‘‘sub12 section (d)’’ in paragraph (6) and inserting ‘‘sub13 section (c)’’.

14 SEC. 4. REPEALS AND REDESIGNATIONS.

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

16 1982 is amended—

17 (1) by redesignating section 151 as section 10

18 and moving it to appear after section 9, and by re19 pealing the remainder of title I;

20 (2) by repealing title II;

21 (3) by redesignating sections 302 and 306 as

22 sections 11 and 12, respectively, and moving them to

23 appear after section 10, and by repealing the re24 mainder of title III;

25 (4) by repealing title IV; and
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1 (5) by repealing title V.

2 (b) CONFORMING AMENDMENTS.—The Nuclear

3 Waste Policy Act of 1982 is amended—

4 (1) in section 2—

5 (A) by striking paragraphs (1), (2), (4),

6 (5), (8), (10), (11), (13), (14), (15), (17), (19),

7 (21), (22), (25), (26), (27), (28), (30), (31),

8 (32), (33), and (34);

9 (B) by redesignating paragraphs (3), (6),

10 (7), (9), (12), (16), (18), (20), (23), (24), and

11 (29) as paragraphs (1), (2), (3), (4), (5), (6),

12 (7), (10), (11), (12), and (13) respectively; and

13 (C) by inserting after paragraph (7), as so

14 redesignated by subparagraph (B) of this para15 graph, the following new paragraphs:

16 ‘‘(8) RESEARCH.—The term ‘research’ includes

17 both basic and applied research.

18 ‘‘(9) RISK-DECREASING TECHNOLOGIES.—The

19 term ‘risk- decreasing technologies’ means tech20 nologies that reduce the adverse impact nuclear

21 waste has on human and ecological health and well22 being through reduction in radiation levels and other

23 methods.’’; and

24 (2) in section 8—
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1 (A) by striking ‘‘subsection (c)’’ and in2 serting ‘‘subsection (b)’’ in subsection (a);

3 (B) by striking subsection (b); and

4 (C) by redesignating subsection (c) as sub5 section (b).

6 (c) TABLE OF CONTENTS AMENDMENTS.—The items

7 in the table of contents of the Nuclear Waste Policy Act

8 of 1982 relating to titles I through V are repealed, and

9 the following items are inserted after the item relating to

10 section 9:

‘‘Sec. 10. Financial arrangements for site closure.

‘‘Sec. 11. Nuclear Waste Fund.

‘‘Sec. 12. Nuclear Regulatory Commission training authorization.’’.

11 SEC. 5. REPEAL OF SPECIAL RULES FOR NUCLEAR DECOM12 MISSIONING COSTS.

13 (a) IN GENERAL.—Section 468A of the Internal Rev14 enue Code of 1986 is hereby repealed.

15 (b) CONFORMING AMENDMENTS.—

16 (1) Subparagraph (B) of section 172(f)(1) of

17 such Code is amended by striking ‘‘or 468A(a)’’.

18 (2) The table of sections for subpart C of part

19 II of subchapter E of chapter 1 of such Code is

20 amended by striking the item relating to section

21 468A.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on the date of the enactment

3 of this Act.

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