II 

116TH CONGRESS 

1ST SESSION S. 1234 

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 

APRIL 30, 2019 

Ms. MURKOWSKI (for herself, Mr. ALEXANDER, and Mrs. FEINSTEIN) 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 2019’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. Nuclear waste facilities. 

Sec. 304. Siting nuclear waste facilities. 

Sec. 305. Storage facilities. 

Sec. 306. Repositories. 

Sec. 307. Licensing nuclear waste facilities. 

Sec. 308. Defense waste. 

Sec. 309. 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— 


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

2 U.S.C. 10101 et seq.)— 

3 (A) made the Federal Government respon4 sible for providing for the permanent disposal 

5 of nuclear waste; 

6 (B) vested the responsibility for siting, 

7 constructing, and operating a permanent geo8 logic repository for the disposal of nuclear 

9 waste in the Secretary of Energy; and 

10 (C) required the Secretary to enter into 

11 binding contracts with the generators and own12 ers of nuclear waste pursuant to which the Sec13 retary is obligated to have begun disposing of 

14 the nuclear waste in a repository not later than 

15 January 31, 1998; 

16 (2) in 1987, Congress designated the Yucca 

17 Mountain site as the site for the repository and pre18 cluded consideration of other sites; 

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

20 Mountain site to be suitable for the development of 

21 the repository, the President recommended the site 

22 to Congress, and Congress enacted a joint resolution 

23 approving the Yucca Mountain site for the reposi24 tory; 


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1 (4) in 2008, the Secretary applied to the Nu2 clear Regulatory Commission for a license to con3 struct a repository at the Yucca Mountain site; 

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

5 Mountain site to be unworkable and abandoned ef6 forts to construct a repository; 

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

8 President, established the Blue Ribbon Commission 

9 on America’s Nuclear Future to conduct a com10 prehensive review of the nuclear waste management 

11 policies of the United States and recommend a new 

12 strategy for managing the nuclear waste of the 

13 United States; and 

14 (7) the Blue Ribbon Commission has rec15 ommended that Congress establish a new nuclear 

16 waste management organization and adopt a new 

17 consensual approach to siting nuclear waste manage18 ment facilities. 

19 SEC. 102. PURPOSES. 

20 The purposes of this Act are— 

21 (1) to establish a new nuclear waste manage22 ment organization; 

23 (2) to transfer to the new organization the 

24 functions of the Secretary relating to the siting, liVerDate Sep 11 2014 20:32 May 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1234.IS S1234

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1 censing, construction, and operation of nuclear waste 

2 management facilities; 

3 (3) to establish a new consensual process for 

4 the siting of nuclear waste management facilities; 

5 (4) to provide for centralized storage of nuclear 

6 waste pending completion of a repository; and 

7 (5) to ensure that— 

8 (A) the generators and owners of nuclear 

9 waste pay the full cost of the program; and 

10 (B) funds collected for the program are 

11 used for that purpose. 

12 SEC. 103. DEFINITIONS. 

13 In this Act: 

14 (1) ADMINISTRATION.—The term ‘‘Administra15 tion’’ means the Nuclear Waste Administration es16 tablished by section 201. 

17 (2) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Administra19 tion. 

20 (3) AFFECTED INDIAN TRIBE.—The term ‘‘af21 fected Indian Tribe’’ means any Indian Tribe— 

22 (A) within the reservation boundaries of 

23 which a repository or storage facility is pro24 posed to be located; or 


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1 (B) that has federally defined possessory 

2 or usage rights to other land outside of the res3 ervation boundaries that— 

4 (i) arise out of a congressionally rati5 fied treaty; and 

6 (ii) the Secretary of the Interior finds, 

7 on petition of an appropriate governmental 

8 official of the Indian Tribe, may be sub9 stantially and adversely affected by the re10 pository or storage facility. 

11 (4) AFFECTED UNIT OF GENERAL LOCAL GOV12 ERNMENT.— 

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

14 unit of general local government’’ means the 

15 unit of general local government that has juris16 diction over the site of a repository or storage 

17 facility. 

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

19 of general local government’’ may include, at 

20 the discretion of the Administrator, units of 

21 general local government that are contiguous 

22 with the unit that has jurisdiction over the site 

23 of a repository or storage facility. 

24 (5) CIVILIAN NUCLEAR POWER REACTOR.—The 

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1 ing given the term in section 2 of the Nuclear Waste 

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

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

4 means the Nuclear Regulatory Commission. 

5 (7) COMPLIANCE AGREEMENT.—The term 

6 ‘‘compliance agreement’’ means a legally enforceable 

7 agreement between the Secretary and a Federal or 

8 State agency requiring the removal of defense waste 

9 from a Department of Energy facility. 

10 (8) CONTRACT HOLDER.—The term ‘‘contract 

11 holder’’ means any person who— 

12 (A) generates or holds title to nuclear 

13 waste generated at a civilian nuclear power re14 actor; and 

15 (B) has entered into a contract for the dis16 posal of nuclear waste under section 302(a) of 

17 the Nuclear Waste Policy Act of 1982 (42 

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

19 (9) DEFENSE WASTE.—The term ‘‘defense 

20 waste’’ means nuclear waste generated by an atomic 

21 energy defense activity (as defined in section 2 of 

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

23 10101)). 


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1 (10) DISPOSAL.—The term ‘‘disposal’’ has the 

2 meaning given the term in section 2 of the Nuclear 

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

4 (11) EMERGENCY DELIVERY.— 

5 (A) IN GENERAL.—The term ‘‘emergency 

6 delivery’’ means nuclear waste accepted by the 

7 Administrator for storage prior to the date pro8 vided in the contractual delivery commitment 

9 schedule pursuant to article V.D. of the stand10 ard contract for disposal of nuclear waste codi11 fied in section 961.11 of title 10, Code of Fed12 eral Regulations. 

13 (B) INCLUSION.—The term ‘‘emergency 

14 delivery’’ may include, at the discretion of the 

15 Administrator, defense waste that is required to 

16 be removed from a Department of Energy facil17 ity— 

18 (i) pursuant to a compliance agree19 ment; or 

20 (ii) to eliminate an imminent and seri21 ous threat to the health and safety of the 

22 public or the common defense and security. 

23 (12) HIGH-LEVEL RADIOACTIVE WASTE.—The 

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


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1 given the term in section 2 of the Nuclear Waste 

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

3 (13) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

4 has the meaning given the term ‘‘Indian tribe’’ in 

5 section 2 of the Nuclear Waste Policy Act of 1982 

6 (42 U.S.C. 10101). 

7 (14) MISSION PLAN.—The term ‘‘mission plan’’ 

8 means the comprehensive report required under sec9 tion 504. 

10 (15) NONPRIORITY WASTE.—The term ‘‘nonpri11 ority waste’’ means nuclear waste that does not 

12 qualify as priority waste. 

13 (16) NUCLEAR WASTE.—The term ‘‘nuclear 

14 waste’’ means— 

15 (A) spent nuclear fuel; and 

16 (B) high-level radioactive waste. 

17 (17) NUCLEAR WASTE ACTIVITIES.—The term 

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

19 term in section 11 of the Atomic Energy Act of 

20 1954 (42 U.S.C. 2014). 

21 (18) NUCLEAR WASTE FACILITY.—The term 

22 ‘‘nuclear waste facility’’ means— 

23 (A) a repository; and 

24 (B) a storage facility. 


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1 (19) NUCLEAR WASTE FUND.—The term ‘‘Nu2 clear Waste Fund’’ means the separate fund in the 

3 Treasury established by section 302(c) of the Nu4 clear Waste Policy Act of 1982 (42 U.S.C. 

5 10222(c)). 

6 (20) OVERSIGHT BOARD.—The term ‘‘Oversight 

7 Board’’ means the Nuclear Waste Oversight Board 

8 established by section 205. 

9 (21) PILOT FACILITY.—The term ‘‘pilot facil10 ity’’ means the storage facility for priority waste au11 thorized by section 303(1). 

12 (22) PRIORITY WASTE.—The term ‘‘priority 

13 waste’’ means— 

14 (A) any emergency delivery; and 

15 (B) spent nuclear fuel removed from a ci16 vilian nuclear power reactor that has been per17 manently shut down. 

18 (23) PUBLIC LIABILITY.—The term ‘‘public li19 ability’’ has the meaning given the term in section 

20 11 of the Atomic Energy Act of 1954 (42 U.S.C. 

21 2014). 

22 (24) REPOSITORY.—The term ‘‘repository’’ has 

23 the meaning given the term in section 2 of the Nu24 clear Waste Policy Act of 1982 (42 U.S.C. 10101). 


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1 (25) RESERVATION.—The term ‘‘reservation’’ 

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

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

4 10101). 

5 (26) SECRETARY.—The term ‘‘Secretary’’ 

6 means the Secretary of Energy. 

7 (27) SITE CHARACTERIZATION.— 

8 (A) IN GENERAL.—The term ‘‘site charac9 terization’’ means the site-specific activities that 

10 the Administrator determines necessary to sup11 port an application to the Commission for a li12 cense to construct a repository or storage facil13 ity under section 305(c). 

14 (B) REPOSITORY SITE CHARACTERIZA15 TION.—In the case of a site for a repository, 

16 the term ‘‘site characterization’’ may include 

17 borings, surface excavations, excavations of ex18 ploratory shafts, limited subsurface lateral exca19 vations and borings, and in situ testing needed 

20 to evaluate the suitability of a candidate site for 

21 the location of a repository. 

22 (C) STORAGE SITE CHARACTERIZATION.— 

23 In the case of a site for an above-ground stor24 age facility, the term ‘‘site characterization’’ 

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1 vations that the Administrator determines are 

2 uniquely associated with underground disposal 

3 and unnecessary to evaluate the suitability of a 

4 candidate site for the location of an above5 ground storage facility. 

6 (D) PRELIMINARY ACTIVITIES.—The term 

7 ‘‘site characterization’’ does not include prelimi8 nary borings and geophysical testing needed to 

9 assess whether site characterization should be 

10 undertaken. 

11 (28) SPENT NUCLEAR FUEL.—The term ‘‘spent 

12 nuclear fuel’’ has the meaning given the term in sec13 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

14 U.S.C. 10101). 

15 (29) STORAGE.—The term ‘‘storage’’ means the 

16 temporary retention of nuclear waste pending the 

17 disposal of the nuclear waste in a repository. 

18 (30) STORAGE FACILITY.—The term ‘‘storage 

19 facility’’ means a facility for the consolidated storage 

20 of nuclear waste from multiple contract holders or 

21 the Secretary pending the disposal of the spent nu22 clear fuel in a repository. 

23 (31) UNIT OF GENERAL LOCAL GOVERN24 MENT.—The term ‘‘unit of general local govern25 ment’’ has the meaning given the term in section 2 


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

2 10101). 

3 (32) WORKING CAPITAL FUND.—The term 

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

5 Administration Working Capital Fund established by 

6 section 401. 

7 TITLE II—NUCLEAR WASTE 

8 ADMINISTRATION 

9 SEC. 201. ESTABLISHMENT. 

10 (a) ESTABLISHMENT.—There is established an inde11 pendent agency in the executive branch to be known as 

12 the ‘‘Nuclear Waste Administration’’. 

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

14 are— 

15 (1) to discharge the responsibility of the Fed16 eral Government to provide for the permanent dis17 posal of nuclear waste; 

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

19 the environment in discharging the responsibility 

20 under paragraph (1); and 

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

22 paragraph (1) are borne by the persons responsible 

23 for generating the nuclear waste. 

24 SEC. 202. PRINCIPAL OFFICERS. 

25 (a) ADMINISTRATOR.— 


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

2 of the Administration a Nuclear Waste Adminis3 trator, who shall be appointed by the President, by 

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

5 among persons who are, by reason of education, ex6 perience, and attainments, exceptionally well quali7 fied to perform the duties of the Administrator. 

8 (2) TERM.—The term of service of the Admin9 istrator shall be 6 years. 

10 (3) REAPPOINTMENT.—An Administrator may 

11 serve more than 1 term. 

12 (4) FUNCTIONS AND POWERS.—The functions 

13 and powers of the Administration shall be vested in 

14 and exercised by the Administrator. 

15 (5) SUPERVISION AND DIRECTION.—The Ad16 ministration shall be administrated under the super17 vision and direction of the Administrator, who shall 

18 be responsible for the efficient and coordinated man19 agement of the Administration. 

20 (6) DELEGATION.—The Administrator may, 

21 from time to time and to the extent permitted by 

22 law, delegate such functions of the Administrator as 

23 the Administrator determines to be appropriate. 


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1 (7) COMPENSATION.—The President shall fix 

2 the total annual compensation of the Administrator 

3 in an amount that— 

4 (A) is sufficient to recruit and retain a 

5 person of demonstrated ability and achievement 

6 in managing large corporate or governmental 

7 organizations; and 

8 (B) does not exceed the total annual com9 pensation paid to the Chief Executive Officer of 

10 the Tennessee Valley Authority. 

11 (b) DEPUTY ADMINISTRATOR.— 

12 (1) APPOINTMENT.—There shall be in the Ad13 ministration a Deputy Administrator, who shall be 

14 appointed by the President, by and with the advice 

15 and consent of the Senate, from among persons who 

16 are, by reason of education, experience, and attain17 ments, exceptionally well qualified to perform the 

18 duties of the Deputy Administrator. 

19 (2) TERM.—The term of service of the Deputy 

20 Administrator shall be 6 years. 

21 (3) REAPPOINTMENT.—A Deputy Adminis22 trator may serve more than 1 term. 

23 (4) DUTIES.—The Deputy Administrator 

24 shall— 


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1 (A) perform such functions as the Admin2 istrator shall from time to time assign or dele3 gate; and 

4 (B) act as the Administrator during the 

5 absence or disability of the Administrator or in 

6 the event of a vacancy in the office of the Ad7 ministrator. 

8 (5) COMPENSATION.—The President shall fix 

9 the total annual compensation of the Deputy Admin10 istrator in an amount that— 

11 (A) is sufficient to recruit and retain a 

12 person of demonstrated ability and achievement 

13 in managing large corporate or governmental 

14 organizations; and 

15 (B) does not exceed the total annual com16 pensation paid to the Administrator. 

17 SEC. 203. OTHER OFFICERS. 

18 (a) ESTABLISHMENT.—There shall be in the Admin19 istration— 

20 (1) a General Counsel; 

21 (2) a Chief Financial Officer, who shall be ap22 pointed from among individuals who possess dem23 onstrated ability in general management of, and 

24 knowledge of and extensive practical experience in, 


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1 financial management practices in large govern2 mental or business entities; and 

3 (3) not more than 3 Assistant Administrators, 

4 who shall perform such functions as the Adminis5 trator shall specify from time to time. 

6 (b) APPOINTMENT.—Officers appointed under this 

7 section shall— 

8 (1) be appointed by the Administrator; 

9 (2) be considered career appointees; and 

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

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

12 (c) ORDER OF SUCCESSION.—The Administrator 

13 may designate the order in which the officers appointed 

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

15 functions of, the Administrator during the absence or dis16 ability of the Administrator and the Deputy Administrator 

17 or in the event of vacancies in the offices of the Adminis18 trator and the Deputy Administrator. 

19 SEC. 204. INSPECTOR GENERAL. 

20 There shall be in the Administration an Inspector 

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

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

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

24 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’’— 

5 (1) to oversee— 

6 (A) the receipt, disbursement, and use of 

7 funds in the Working Capital Fund and the 

8 Nuclear Waste Fund; 

9 (B) the adequacy of the fees collected 

10 under section 302(a) of the Nuclear Waste Pol11 icy Act of 1982 (42 U.S.C. 10222(a)) to ensure 

12 the full recovery of the costs incurred by the 

13 Federal Government in carrying out activities 

14 under this Act and the Nuclear Waste Policy 

15 Act of 1982 (42 U.S.C. 10101 et seq.); and 

16 (C) the performance of the Administrator 

17 in— 

18 (i) fulfilling contracts with contract 

19 holders; and 

20 (ii) complying with the mission plan; 

21 and 

22 (2) to review the annual management reports 

23 and financial statements submitted by the Adminis24 trator under section 505. 

25 (b) MEMBERS.—The Oversight Board shall be com26 posed of 5 members appointed by the President, by and 


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1 with the advice and consent of the Senate, from among 

2 prominent United States citizens of integrity and reputa3 tion who, based on the training, experience, and attain4 ments of the individuals, are exceptionally well qualified 

5 to evaluate and oversee the administration of this Act. 

6 (c) POLITICAL AFFILIATION.—Not more than 3 

7 members of the Oversight Board may be members of the 

8 same political party. 

9 (d) TERMS.— 

10 (1) IN GENERAL.—Except as provided in para11 graphs (2) and (3), each member shall serve a term 

12 of 5 years. 

13 (2) INITIAL TERMS.— 

14 (A) STARTING DATE.—The term of the 

15 first 5 members appointed to the Oversight 

16 Board shall be treated as having started on the 

17 first July 1 after the date of enactment of this 

18 Act. 

19 (B) STAGGERED TERM.—Of the 5 mem20 bers first appointed to the Board under sub21 paragraph (A)— 

22 (i) 1 shall be appointed for a term of 

23 1 year; 

24 (ii) 1 shall be appointed for a term of 

25 2 years; 


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1 (iii) 1 shall be appointed for a term of 

2 3 years; 

3 (iv) 1 shall be appointed for a term of 

4 4 years; and 

5 (v) 1 shall be appointed for a term of 

6 5 years. 

7 (3) EXTENSION OF TERM.— 

8 (A) IN GENERAL.—Subject to subpara9 graph (B), a member of the Oversight Board 

10 may continue to serve after the expiration of 

11 the term of the member until a successor is ap12 pointed, has been confirmed, and has taken the 

13 oath of office. 

14 (B) LIMITATION.—No member of the 

15 Oversight Board may serve beyond the end of 

16 the session of the Congress in which the term 

17 of the member expires. 

18 (4) VACANCIES.—A member of the Oversight 

19 Board appointed to fill a vacancy occurring before 

20 the expiration of the term for which the predecessor 

21 of the member was appointed shall be appointed only 

22 for the remainder of the term of the predecessor. 

23 (5) REAPPOINTMENT.—A member of the Over24 sight Board may be reappointed for an additional 


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1 term by the President, by and with the advice and 

2 consent of the Senate. 

3 (e) REMOVAL.—The President may remove any mem4 ber of the Oversight Board for inefficiency, neglect of 

5 duty, or malfeasance in office. 

6 (f) CHAIR.—The President shall designate 1 member 

7 of the Oversight Board as Chair of the Oversight Board. 

8 (g) ACTING CHAIR.—The Chair designated under 

9 subsection (f) may from time to time designate any other 

10 member of the Oversight Board to act in the place and 

11 stead of the Chair during the absence. 

12 (h) QUORUM.—Three members of the Oversight 

13 Board shall constitute a quorum for the purpose of doing 

14 business. 

15 (i) EQUAL RESPONSIBILITY AND AUTHORITY.—Each 

16 member of the Oversight Board, including the Chair, shall 

17 have— 

18 (1) equal responsibility and authority in all de19 cisions and actions of the Oversight Board; 

20 (2) full access to all information relating to the 

21 performance of the duties and responsibilities of the 

22 member; and 

23 (3) 1 vote. 

24 (j) CONFLICT OF INTEREST.—No member of the 

25 Oversight Board shall— 


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1 (1) be employed by the Administration or the 

2 Department of Energy; or 

3 (2) have a financial interest in (including an 

4 employment relationship with) any contract holder 

5 or contractor of the Administration. 

6 (k) COMPENSATION.— 

7 (1) IN GENERAL.—Each member of the Over8 sight Board shall be paid at the rate of pay payable 

9 for level III of the Executive Schedule in subchapter 

10 II of chapter 53 of title 5, United States Code, for 

11 each day (including travel time) the member is en12 gaged in the work of the Oversight Board. 

13 (2) TRAVEL EXPENSES.—Each member of the 

14 Oversight Board may receive travel expenses, includ15 ing per diem in lieu of subsistence, in accordance 

16 with sections 5702 and 5703 of title 5, United 

17 States Code. 

18 (l) MEETINGS.—The Oversight Board shall meet at 

19 least once every 90 days. 

20 (m) FUNCTIONS.—The Oversight Board shall— 

21 (1) review, on an ongoing basis— 

22 (A) the progress made by the Adminis23 trator in siting, constructing, and operating nu24 clear waste facilities under this Act; 


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

2 Administrator under this Act; 

3 (C) whether the fees collected from con4 tract holders are sufficient to ensure full cost 

5 recovery or require adjustment; and 

6 (D) the liability of the United States to 

7 contract holders; 

8 (2) identify any problems that may impede the 

9 implementation of this Act; and 

10 (3) recommend to the Administrator, the Presi11 dent, or Congress, as appropriate, any actions that 

12 may be needed to ensure the implementation of this 

13 Act. 

14 (n) REPORTS.—The Oversight Board shall report the 

15 findings, conclusions, and recommendations of the Over16 sight Board to the Administrator, the President, and Con17 gress not less than once per year. 

18 (o) RESPONSE BY THE ADMINISTRATOR.—Not later 

19 than 45 days after the date on which the Oversight Board 

20 submits a report to the Administrator under subsection 

21 (n), the Administrator shall transmit to the Oversight 

22 Board, in writing— 

23 (1) a statement of whether the Administrator 

24 accepts or rejects, in whole or in part, the rec25 ommendations submitted by the Oversight Board; 


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1 (2) a description of the actions taken in re2 sponse to the recommendations (or an explanation of 

3 the reasons for not acting on the recommendations); 

4 and 

5 (3) the views of the Administrator on the rec6 ommendations. 

7 (p) PUBLIC AVAILABILITY.—The Administrator shall 

8 make all reports under subsection (n) and all responses 

9 from the Administrator under subsection (o) available to 

10 the public. 

11 (q) EXECUTIVE SECRETARY.—The Oversight Board 

12 shall appoint and fix the compensation of an Executive 

13 Secretary, who shall— 

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

15 and other papers of the Oversight Board; and 

16 (2) perform such functions as the Oversight 

17 Board shall from time to time assign or delegate to 

18 the Executive Secretary. 

19 (r) ADDITIONAL STAFF.— 

20 (1) APPOINTMENT.—The Oversight Board may 

21 appoint and fix the compensation of such additional 

22 clerical and professional staff as may be necessary to 

23 discharge the responsibilities of the Oversight Board. 


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1 (2) LIMITATION.—The Oversight Board may 

2 appoint not more than 10 clerical or professional 

3 staff members under this subsection. 

4 (3) SUPERVISION AND DIRECTION.—The cler5 ical and professional staff of the Oversight Board 

6 shall be under the supervision and direction of the 

7 Executive Secretary. 

8 (s) STAFF COMPENSATION.— 

9 (1) CLERICAL STAFF.—Clerical staff shall be 

10 appointed subject to the provisions of title 5, United 

11 States Code, governing appointments in the competi12 tive service, and shall be paid in accordance with the 

13 provisions of chapter 51 and subchapter III of chap14 ter 53 of such title relating to classification and 

15 General Schedule rates. 

16 (2) PROFESSIONAL STAFF.—Professional staff 

17 members may be appointed without regard to the 

18 provisions of title 5, United States Code, governing 

19 appointments in the competitive service, and may be 

20 paid without regard to the provisions of chapter 51 

21 and subchapter III of chapter 53 of that title relat22 ing to classification and General Schedule pay rates, 

23 except that no individual so appointed may receive 

24 pay in excess of the maximum rate of pay under the 

25 General Schedule. 


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1 (t) ACCESS TO INFORMATION.— 

2 (1) DUTY TO INFORM.—The Administrator 

3 shall keep the Oversight Board fully and currently 

4 informed on all of the activities of the Administra5 tion. 

6 (2) PRODUCTION OF DOCUMENTS.—The Ad7 ministrator shall provide the Oversight Board with 

8 any records, files, papers, data, or information re9 quested by the Oversight Board. 

10 (u) SUPPORT SERVICES.—To the extent permitted by 

11 law and requested by the Oversight Board, the Adminis12 trator of General Services shall provide the Oversight 

13 Board with necessary administrative services, facilities, 

14 and support on a reimbursable basis. 

15 (v) HEALTH, SAFETY, AND ENVIRONMENTAL REGU16 LATION.—Nothing in this section gives the Oversight 

17 Board jurisdiction to regulate the activities of the Admin18 istration to protect the health and safety of the public or 

19 the environment. 

20 (w) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Oversight Board 

22 from amounts in the Nuclear Waste Fund such sums as 

23 are necessary to carry out this section. 


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1 SEC. 206. CONFORMING AMENDMENTS. 

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

3 is amended by adding at the end the following: 

4 ‘‘(H) The Nuclear Waste Administration.’’. 

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

6 (5 U.S.C. App.) is amended— 

7 (1) in paragraph (1), by inserting ‘‘the Admin8 istrator of the Nuclear Waste Administration;’’ after 

9 ‘‘Export-Import Bank;’’; and 

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

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

12 Bank,’’. 

13 TITLE III—FUNCTIONS 

14 SEC. 301. TRANSFER OF FUNCTIONS. 

15 There are transferred to and vested in the Adminis16 trator all functions vested in the Secretary by the Nuclear 

17 Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) relat18 ing to— 

19 (1) the construction and operation of a reposi20 tory; 

21 (2) entering into and performing contracts for 

22 the disposal of nuclear waste under section 302 of 

23 that Act (42 U.S.C. 10222); 

24 (3) the collection, adjustment, deposition, and 

25 use of fees to offset expenditures for the manage26 ment of nuclear waste; and 


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1 (4) the issuance of obligations under section 

2 302(e)(5) of the Nuclear Waste Policy Act of 1982 

3 (42 U.S.C. 10222(e)(5)). 

4 SEC. 302. TRANSFER OF CONTRACTS. 

5 Each contract for the disposal of nuclear waste en6 tered into by the Secretary before the date of enactment 

7 of this Act shall continue in effect according to the terms 

8 of the contract with the Administrator substituted for the 

9 Secretary. 

10 SEC. 303. NUCLEAR WASTE FACILITIES. 

11 The Administrator shall site, construct, and oper12 ate— 

13 (1) a pilot facility for the storage of priority 

14 waste; 

15 (2) 1 or more additional storage facilities for 

16 the storage of nonpriority nuclear waste; and 

17 (3) 1 or more repositories for the permanent 

18 disposal of nuclear waste. 

19 SEC. 304. SITING NUCLEAR WASTE FACILITIES. 

20 In siting nuclear waste facilities under this Act or 

21 performing any function transferred under section 301(1), 

22 the Administrator shall employ a process that— 

23 (1) allows affected communities to decide 

24 whether, and on what terms, the affected commu25 nities will host a nuclear waste facility; 


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

2 persons to be heard in a meaningful way; 

3 (3) is flexible and allows decisions to be re4 viewed and modified in response to new information 

5 or new technical, social, or political developments; 

6 and 

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

8 health, safety, and environmental standards. 

9 SEC. 305. STORAGE FACILITIES. 

10 (a) ESTABLISHMENT OF STORAGE FACILITY PRO11 GRAM.—The Administrator shall establish a storage pro12 gram to license, construct, and operate through 1 or more 

13 non-Federal sector partners, 1 or more government or 

14 non-federally owned storage facilities to provide interim 

15 storage, as needed, for spent nuclear fuel and high-level 

16 radioactive waste. 

17 (b) PILOT PROGRAM FOR THE STORAGE OF PRI18 ORITY WASTE.— 

19 (1) REQUEST FOR PROPOSALS.— 

20 (A) IN GENERAL.—Not later than 180 

21 days after the date of enactment of this Act, 

22 the Administrator shall issue a request for pro23 posals for cooperative agreements for a pilot 

24 program for the storage of priority waste— 


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1 (i) to obtain any license from the Nu2 clear Regulatory Commission and any 

3 other Federal or State entity that is nec4 essary for the construction of 1 or more 

5 storage facilities; 

6 (ii) to demonstrate the safe transpor7 tation of spent nuclear fuel and high-level 

8 radioactive waste, as applicable; and 

9 (iii) to demonstrate the safe storage 

10 of spent nuclear and high-level radioactive 

11 waste, as applicable, at the 1 or more stor12 age facilities, pending the construction and 

13 operation of deep geologic disposal capacity 

14 for the permanent disposal of the spent 

15 nuclear fuel or high-level radioactive waste. 

16 (B) GUIDELINES.— 

17 (i) IN GENERAL.—The request for 

18 proposals under subparagraph (A) shall in19 clude general guidelines for the consider20 ation of storage facilities consistent with 

21 each requirement of section 112(a) of the 

22 Nuclear Waste Policy Act of 1982 (42 

23 U.S.C. 10132(a)), that the Administrator 

24 determines to be applicable to above25 ground storage. 


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1 (ii) REVISIONS.—The Administrator 

2 may revise the general guidelines from 

3 time to time, consistent with this section. 

4 (2) REVIEWS OF PROPOSALS.— 

5 (A) IN GENERAL.—The Administrator 

6 shall review each proposal submitted under 

7 paragraph (1) to evaluate— 

8 (i) the extent to which the applicable 

9 States, affected units of general local gov10 ernment, and affected Indian Tribes sup11 port the proposal; 

12 (ii) the likelihood that the proposed 

13 site is suitable for site characterization 

14 under the guidelines under paragraph 

15 (1)(B); 

16 (iii) a reasonable comparative evalua17 tion of the proposed site and other pro18 posed sites; 

19 (iv) the extent to which nuclear 

20 wastes are, or are planned to be, stored or 

21 disposed of within the State; 

22 (v) the extent to which each proposal 

23 would— 

24 (I) enhance the reliability and 

25 flexibility of the system for the disVerDate Sep 11 2014 20:32 May 02, 2019 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1234.IS S1234

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1 posal of nuclear waste, including co2 location with a proposed permanent 

3 geological repository; and 

4 (II) minimize the impacts of 

5 transportation and handling of nu6 clear waste; 

7 (vi) potential conflicts with— 

8 (I) a compliance agreement re9 quiring removal of nuclear waste from 

10 a site; or 

11 (II) a statutory prohibition on 

12 the storage or disposal of nuclear 

13 waste at a site; and 

14 (vii) any other criteria, including cri15 teria relating to technical or safety speci16 fications, that the Administrator deter17 mines to be appropriate. 

18 (B) PREFERENCE FOR CO-LOCATED RE19 POSITORY AND STORAGE FACILITY.—In review20 ing proposals submitted under paragraph (1), 

21 the Administrator shall give preference to sites 

22 proposed to be co-located with— 

23 (i) additional storage facilities for 

24 nonpriority waste; or 

25 (ii) a repository. 


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1 (3) SITE CHARACTERIZATION.— 

2 (A) DETERMINATION OF SUITABILITY.— 

3 After conducting a review under paragraph (2) 

4 and any additional site investigation that the 

5 Administrator determines to be appropriate, the 

6 Administrator shall determine whether the site 

7 is suitable for site characterization. 

8 (B) SELECTION OF SITE FOR CHARACTER9 IZATION.—From the sites determined to be 

10 suitable for site characterization under subpara11 graph (A), the Administrator shall select at 

12 least 1 site for site characterization, giving pri13 ority to sites that have been proposed to be co14 located with a permanent geological repository, 

15 after— 

16 (i) holding public hearings in the vi17 cinity of each site and at least 1 other lo18 cation within the State in which the site is 

19 located; and 

20 (ii) notifying Congress. 

21 (C) COOPERATIVE AGREEMENT.—On selec22 tion of a site for characterization under sub23 paragraph (B), the Administrator may enter 

24 into a cooperative agreement, subject to section 

25 401(e), with the State, affected units of general 


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1 local government, and affected Indian Tribes, 

2 as applicable, that includes— 

3 (i) terms of financial and technical as4 sistance to enable each applicable unit of 

5 government to monitor, review, evaluate, 

6 comment on, obtain information on, make 

7 recommendations on, and mitigate any im8 pacts from, site characterization activities; 

9 and 

10 (ii) any other term that the Adminis11 trator determines to be appropriate. 

12 (4) SITE SELECTION.— 

13 (A) IN GENERAL.—Subject to subpara14 graphs (B) and (C), on completion of site char15 acterization activities, the Administrator shall— 

16 (i) make a final determination for 

17 each site of whether the site is suitable for 

18 development as a storage facility; and 

19 (ii) select 1 or more suitable sites for 

20 storage facilities. 

21 (B) CONSENT-BASED APPROVAL.—Before 

22 selecting a site for developing a storage facility, 

23 the Administrator shall enter into a consent 

24 agreement, subject to section 401(e), to host 

25 the facility with— 


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1 (i) the Governor or other authorized 

2 official of the State in which the site is 

3 proposed to be located; 

4 (ii) each affected unit of general local 

5 government; and 

6 (iii) any affected Indian Tribe. 

7 (C) BINDING EFFECT.—The consent 

8 agreement— 

9 (i) shall be binding on the parties, 

10 subject to section 401(e); and 

11 (ii) shall not be amended or revoked 

12 except by mutual agreement of the parties. 

13 (5) SUBMISSION OF PROGRAM PLAN.—Not less 

14 than 30 days before selecting a site for development 

15 of a storage facility under paragraph (4), the Ad16 ministrator shall submit to Congress a program plan 

17 that includes— 

18 (A) a list of the 1 or more sites the Ad19 ministrator proposes to select for a storage fa20 cility; 

21 (B) an estimate of the cost of licensing, 

22 constructing, and operating each storage facil23 ity, including the transportation costs, on an 

24 annual basis, over the expected lifetime of the 

25 storage facility; 


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1 (C) a schedule for— 

2 (i) obtaining from the Nuclear Regu3 latory Commission any license necessary to 

4 construct and operate the storage facility; 

5 (ii) constructing the storage facility; 

6 (iii) transporting spent fuel to the 

7 storage facility; and 

8 (iv) removing the spent fuel from, and 

9 decommissioning of, the storage facility; 

10 (D) an estimate of the cost of any financial 

11 assistance, compensation, or incentives proposed 

12 to be paid to the host State, Indian Tribe, or 

13 unit of local government; 

14 (E) an estimate of any future reductions in 

15 the damages expected to be paid by the United 

16 States for the delay of the Department of En17 ergy in accepting spent fuel expected to result 

18 from the storage facilities developed under this 

19 section; and 

20 (F) recommendations for any additional 

21 legislation needed to authorize and implement 

22 the program. 

23 (6) SUBMISSION OF LICENSE APPLICATION.— 

24 On selection of a site under paragraph (4), the ap25 plicant (in the case of a non-Federal facility) or the 


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1 Administrator (in the case of a federally owned facil2 ity) shall submit to the Commission an application 

3 for a construction authorization for the storage facil4 ity. 

5 (c) ADDITIONAL STORAGE FACILITIES FOR NONPRI6 ORITY WASTE.— 

7 (1) IN GENERAL.—The Administrator shall 

8 seek to ensure that efforts to site, construct, and op9 erate a storage facility for nonpriority waste are ac10 companied by parallel efforts to site, construct, and 

11 operate 1 or more repositories. 

12 (2) STORAGE FACILITIES FOR NONPRIORITY

13 WASTE.—Except as provided in paragraphs (3) and 

14 (4), the Administrator may issue requests for pro15 posals and select sites for site characterization for 1 

16 or more additional storage facilities for nonpriority 

17 waste as the Administrator determines to be nec18 essary— 

19 (A) subject to the terms and conditions of 

20 this section; and 

21 (B) in accordance with the mission plan 

22 developed under section 504. 

23 (3) FIRST 10 YEARS.—During the 10-year pe24 riod following the date of enactment of this Act, the 

25 Administrator may not issue an additional request 


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1 for proposals or select a site for site characterization 

2 for an additional storage facility for nonpriority 

3 waste unless the Administrator has obligated funds 

4 for activities under section 306. 

5 (4) AFTER FIRST 10 YEARS.—After the date 

6 that is 10 years after the date of enactment of this 

7 Act, the Administrator may not issue an additional 

8 request for proposals or select a site for site charac9 terization for an additional storage facility for non10 priority waste until the Administrator has selected a 

11 site for evaluation under section 306(b)(2). 

12 (5) STORAGE OF PRIORITY WASTE.—Nothing in 

13 this section precludes the Administrator from stor14 ing priority waste at a storage facility for nonpri15 ority waste. 

16 SEC. 306. REPOSITORIES. 

17 (a) SITING GUIDELINES.— 

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

19 date of enactment of this Act, the Administrator 

20 shall issue general guidelines for the consideration of 

21 candidate sites for repositories, which shall— 

22 (A) comply with the requirements of sec23 tion 112(a) of the Nuclear Waste Policy Act of 

24 1982 (42 U.S.C. 10132(a)); and 


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1 (B) require the Administrator to take into 

2 account the extent to which a repository 

3 would— 

4 (i) enhance the reliability and flexi5 bility of the system for the disposal of nu6 clear waste; and 

7 (ii) minimize the impacts of transpor8 tation and handling of nuclear waste. 

9 (2) REVISIONS.—The Administrator may revise 

10 the guidelines in a manner consistent with this sub11 section and section 112(a) of the Nuclear Waste 

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

13 (b) IDENTIFICATION OF CANDIDATE SITES.— 

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

15 practicable after the date of the issuance of the 

16 guidelines under subsection (a), the Administrator 

17 shall evaluate potential sites for a repository to de18 termine whether the sites are suitable for site char19 acterization. 

20 (2) SITES ELIGIBLE FOR REVIEW.—The Admin21 istrator shall select sites for evaluation under para22 graph (1) from among sites recommended by— 

23 (A) the Governor or duly authorized offi24 cial of the State in which the site is located; 


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1 (B) the governing body of the affected unit 

2 of general local government; 

3 (C) the governing body of an Indian Tribe 

4 within the reservation boundaries of which the 

5 site is located; or 

6 (D) the Administrator, after consultation 

7 with, and with the consent of— 

8 (i) the Governor of the State in which 

9 the site is located; 

10 (ii) the governing body of the affected 

11 unit of general local government; and 

12 (iii) the governing body of the Indian 

13 Tribe, if the site is located within the res14 ervation of an Indian Tribe. 

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

16 under this subsection prior to any determination of 

17 the suitability of the site for site characterization, 

18 the Administrator— 

19 (A) shall use available geophysical, geologi20 cal, geochemical, hydrological, and other infor21 mation; and 

22 (B) shall not perform any preliminary bor23 ings or excavations at the site unless necessary 

24 to determine the suitability of the site and au25 thorized by the landowner. 


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1 (4) DETERMINATION OF SUITABILITY.—The 

2 Administrator shall determine whether a site is suit3 able for site characterization based on an environ4 mental assessment of the site, which shall include— 

5 (A) an evaluation by the Administrator of 

6 whether the site is suitable for development as 

7 a repository under the guidelines established 

8 under subsection (a), including a safety case 

9 that provides the basis for confidence in the 

10 safety of the proposed nuclear waste facility at 

11 the proposed site; 

12 (B) an evaluation by the Administrator of 

13 the effects of site characterization activities on 

14 public health and safety and the environment; 

15 (C) a reasonable comparative evaluation of 

16 the proposed site and other proposed sites; 

17 (D) a description of the decision process by 

18 which the site was recommended; 

19 (E) an assessment of the regional and local 

20 impacts of locating a repository at the site, in21 cluding the extent to which nuclear wastes are, 

22 or are planned to be, stored or disposed of with23 in the State; and 

24 (F) potential conflicts with— 


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1 (i) a compliance agreement requiring 

2 removal of nuclear waste from a site; or 

3 (ii) a statutory prohibition on the 

4 storage or disposal of nuclear waste at a 

5 site. 

6 (c) SITE CHARACTERIZATION.— 

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

8 sites determined to be suitable for site characteriza9 tion under subsection (b), the Administrator shall 

10 select at least 1 site for site characterization as a re11 pository. 

12 (2) PREFERENCE FOR CO-LOCATED REPOSI13 TORY AND STORAGE FACILITY.—In selecting sites 

14 for site characterization as a repository, the Admin15 istrator shall give preference and priority to sites de16 termined to be suitable for co-location of a storage 

17 facility and a repository. 

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

19 for site characterization, the Administrator shall 

20 hold public hearings in the vicinity of the site and 

21 at least 1 other location within the State in which 

22 the site is located— 

23 (A) to inform the public of the proposed 

24 site characterization; and 


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1 (B) to solicit public comments and rec2 ommendations with respect to the site charac3 terization plan of the Administrator. 

4 (4) CONSULTATION AND COOPERATION AGREE5 MENT.— 

6 (A) REQUIREMENT.—Before selecting a 

7 site for site characterization, the Administrator 

8 shall enter into a consultation and cooperation 

9 agreement, subject to section 401(e), with— 

10 (i) the Governor of the State in which 

11 the site is located; 

12 (ii) the governing body of the affected 

13 unit of general local government; and 

14 (iii) the governing body of any af15 fected Indian Tribe. 

16 (B) CONTENTS.—The consultation and co17 operation agreement shall provide— 

18 (i) compensation to the State, any af19 fected units of local government, and any 

20 affected Indian Tribes for any potential 

21 economic, social, public health and safety, 

22 and environmental impacts associated with 

23 site characterization; and 

24 (ii) financial and technical assistance 

25 to enable the State, affected units of local 


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1 government, and affected Indian Tribes to 

2 monitor, review, evaluate, comment on, ob3 tain information on, and make rec4 ommendations on site characterization ac5 tivities. 

6 (d) FINAL SITE SUITABILITY DETERMINATION.— 

7 (1) DETERMINATION REQUIRED.—On comple8 tion of site characterization activities, the Adminis9 trator shall make a final determination of whether 

10 the site is suitable for development as a repository. 

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, taking 

16 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 at the site will 

21 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 (e) CONSENT AGREEMENTS.— 

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

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

17 enter into a consent agreement, subject to section 

18 401(e), with— 

19 (A) the Governor or other authorized offi20 cial of the State in which the site is located; 

21 (B) the governing body of the affected unit 

22 of general local government; and 

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

24 the governing body of the affected Indian Tribe. 


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1 (2) CONTENTS.—The consent agreement 

2 shall— 

3 (A) contain the terms and conditions on 

4 which each State, local government, and Indian 

5 Tribe, as applicable, consents to host the repos6 itory; and 

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

8 government, and Indian Tribe to host the re9 pository. 

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

11 conditions under paragraph (2)(A)— 

12 (A) shall promote the economic and social 

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

14 the repository; and 

15 (B) may include— 

16 (i) financial compensation and incen17 tives; 

18 (ii) economic development assistance; 

19 (iii) operational limitations or require20 ments; and 

21 (iv) regulatory oversight authority. 

22 (4) BINDING EFFECT.—The consent agree23 ment— 

24 (A) shall be binding on the parties, subject 

25 to section 401(e); and 


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1 (B) shall not be amended or revoked ex2 cept by mutual agreement of the parties. 

3 (f) SUBMISSION OF LICENSE APPLICATION.—On de4 termining that a site is suitable under subsection (d) and 

5 ratification of a consent agreement under subsection (e), 

6 the Administrator shall submit to the Commission an ap7 plication for a construction authorization for the reposi8 tory. 

9 SEC. 307. LICENSING NUCLEAR WASTE FACILITIES. 

10 The construction and operation of a storage facility 

11 or repository under this Act shall be subject to— 

12 (1) all applicable standards for the protection of 

13 the general environment from offsite releases of ra14 dioactive material; 

15 (2) the licensing and regulatory jurisdiction of 

16 the Commission, including all applicable criteria and 

17 requirements issued by the Commission under sec18 tion 121(b) of the Nuclear Waste Policy Act of 1982 

19 (42 U.S.C. 10141(b)); and 

20 (3) the terms and conditions of each consent 

21 agreement entered into under section 305(b)(4) or 

22 section 306(e). 

23 SEC. 308. DEFENSE WASTE. 

24 (a) DISPOSAL AND STORAGE BY ADMINISTRATION.— 

25 The Secretary— 


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1 (1) shall arrange for the Administrator to dis2 pose of defense wastes in a repository developed 

3 under this Act; and 

4 (2) may arrange for the Administrator to store 

5 defense wastes in storage facilities developed under 

6 this Act pending disposal in a repository. 

7 (b) MEMORANDUM OF AGREEMENT.—The arrange8 ments shall be covered by a memorandum of agreement 

9 between the Secretary and the Administrator. 

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

11 constructing, and operating the repository or storage fa12 cilities under this Act that is attributable to defense 

13 wastes shall be allocated to the Federal Government and 

14 paid by the Federal Government into the Working Capital 

15 Fund. 

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

17 or disposed of by the Administrator in any storage facility 

18 or repository constructed under this Act until funds are 

19 appropriated to the Working Capital Fund in an amount 

20 equal to the fees that would be paid by contract holders 

21 under section 302 of the Nuclear Waste Policy Act of 

22 1982 (42 U.S.C. 10222) if such nuclear waste were gen23 erated by a contract holder. 

24 (e) COMMINGLING DETERMINATION.— 


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1 (1) REEVALUATION.—Notwithstanding section 

2 8 of the Nuclear Waste Policy Act of 1982 (42 

3 U.S.C. 10107), the Secretary may reevaluate the de4 cision to commingle defense wastes with nuclear 

5 waste from civilian nuclear power reactors. 

6 (2) NOTIFICATION.—Not later than 1 year 

7 after the date of enactment of this Act, the Sec8 retary shall notify the President and the appropriate 

9 committees of Congress of whether the Secretary in10 tends to reevaluate the decision under paragraph (1) 

11 and the reasons for that decision. 

12 (3) SEPARATE NUCLEAR WASTE FACILITIES.— 

13 If the Secretary finds, after conducting the reevalua14 tion under paragraph (1), that the development of 

15 separate nuclear waste facilities for the storage or 

16 disposal of defenses wastes is necessary or appro17 priate for the efficient management of defenses 

18 wastes, the Administrator may, with the concurrence 

19 of the President, site, construct, and operate 1 or 

20 more separate nuclear waste facilities for the storage 

21 or disposal of defenses wastes. 

22 SEC. 309. TRANSPORTATION. 

23 (a) IN GENERAL.—The Administrator shall be re24 sponsible for transporting nuclear waste— 


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1 (1) from the site of a contract holder to a stor2 age facility or repository; 

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

4 (3) in the case of defense waste, from a Depart5 ment of Energy site to a repository. 

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

7 be transported under this Act except in packages— 

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

9 the Commission; and 

10 (2) that have been determined by the Commis11 sion to satisfy the quality assurance requirements of 

12 the Commission. 

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

14 nuclear waste under this Act, the Administrator shall pro15 vide advance notification to States and Indian Tribes 

16 through whose jurisdiction the Administrator plans to 

17 transport the nuclear waste. 

18 (d) TRANSPORTATION ASSISTANCE.— 

19 (1) PUBLIC EDUCATION.—The Administrator 

20 shall conduct a program to provide information to 

21 the public about the transportation of nuclear waste. 

22 (2) TRAINING.—The Administrator shall pro23 vide financial and technical assistance to States and 

24 Indian Tribes through whose jurisdiction the Admin25 istrator plans to transport nuclear waste to train 


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1 public safety officials and other emergency respond2 ers on— 

3 (A) procedures required for the safe, rou4 tine transportation of nuclear waste; and 

5 (B) procedures for dealing with emergency 

6 response situations involving nuclear waste, in7 cluding instruction of— 

8 (i) government and Tribal officials 

9 and public safety officers in command and 

10 control procedures; 

11 (ii) emergency response personnel; 

12 and 

13 (iii) radiological protection and emer14 gency medical personnel. 

15 (3) EQUIPMENT.—The Administrator shall pro16 vide monetary grants and contributions in-kind to 

17 assist States and Indian Tribes through whose juris18 diction the Administrator plans to transport nuclear 

19 waste for the purpose of acquiring equipment for re20 sponding to a transportation incident involving nu21 clear waste. 

22 (4) TRANSPORTATION SAFETY PROGRAMS.— 

23 The Administrator shall provide in-kind, financial, 

24 technical, and other appropriate assistance to States 

25 and Indian Tribes through whose jurisdiction the 


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1 Administrator plans to transport nuclear waste for 

2 transportation safety programs related to shipments 

3 of nuclear waste. 

4 TITLE IV—FUNDING AND LEGAL 

5 PROCEEDINGS 

6 SEC. 401. WORKING CAPITAL FUND. 

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

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

9 Waste Administration Working Capital Fund’’, which 

10 shall be separate from the Nuclear Waste Fund. 

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

12 consist of— 

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

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

15 1982 (42 U.S.C. 10222(a)) on or after the date of 

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

17 Working Capital Fund— 

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

19 the Nuclear Waste Policy Act of 1982 (42 

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

21 (B) immediately on the payment of the 

22 fees; 

23 (2) any appropriations made by Congress to 

24 pay the share of the cost of the program established 

25 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 (e) CONTRACT AUTHORITY.—Any contract or agree19 ment that authorizes an expenditure or obligation exceed20 ing an amount available in the Working Capital Fund for 

21 the expenditure or obligation (including any cooperative 

22 agreement, consultation, and cooperation agreement, or 

23 consent agreement under section 305 or 306) shall be sub24 ject to appropriation. 


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1 (f) PERFORMANCE-BASED FUNDING.—No fees paid 

2 by contract holders pursuant to section 302(a) of the Nu3 clear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) shall 

4 be paid into the Working Capital Fund after December 

5 31, 2029, unless the Administrator is operating a nuclear 

6 waste facility by that date. 

7 SEC. 402. NUCLEAR WASTE FUND. 

8 (a) ELIMINATION OF LEGISLATIVE VETO.—Section 

9 302(a)(4) of the Nuclear Waste Policy Act of 1982 (42 

10 U.S.C. 10222(a)(4)) is amended— 

11 (1) in the third sentence, by striking ‘‘insure’’ 

12 and inserting ‘‘ensure’’; and 

13 (2) in the last sentence by striking ‘‘transmittal 

14 unless’’ and all that follows through the end of the 

15 sentence and inserting ‘‘transmittal.’’. 

16 (b) ADMINISTRATION OF THE WASTE FUND.—Sec17 tion 302(e) of the Nuclear Waste Policy Act of 1982 (42 

18 U.S.C. 10222(e)) is amended— 

19 (1) by striking ‘‘Secretary’’ each place it ap20 pears (except where it appears in the context of the 

21 ‘‘Secretary of the Treasury’’) and inserting ‘‘Admin22 istrator of the Nuclear Waste Administration’’; and 

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

24 appears and inserting ‘‘the Waste Fund or the 


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1 Working Capital Fund established by section 401 of 

2 the Nuclear Waste Administration Act of 2019’’. 

3 SEC. 403. FULL COST RECOVERY. 

4 In determining whether insufficient or excess reve5 nues are being collected to ensure full cost recovery under 

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

7 (42 U.S.C. 10222(a)(4)), the Administrator shall— 

8 (1) assume that sufficient funds will be appro9 priated to the Nuclear Waste Fund to cover the 

10 costs attributable to disposal of defense wastes; and 

11 (2) take into account the additional costs re12 sulting from the enactment of this Act. 

13 SEC. 404. JUDICIAL REVIEW. 

14 (a) JURISDICTION.— 

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

16 the Supreme Court, a court of appeals of the United 

17 States shall have original and exclusive jurisdiction 

18 over any civil action— 

19 (A) for review of any final decision or ac20 tion of the Administrator or the Commission 

21 under this Act; 

22 (B) alleging the failure of the Adminis23 trator or the Commission to make any decision, 

24 or take any action, required under this Act; 


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1 (C) challenging the constitutionality of any 

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

3 or 

4 (D) for review of any environmental as5 sessment or environmental impact statement 

6 prepared pursuant to the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4321 et 

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

9 or alleging a failure to prepare any such assess10 ment or statement with respect to any such ac11 tion. 

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

13 under this section shall be in— 

14 (A) the judicial circuit in which the peti15 tioner involved resides or has the principal of16 fice of the petitioner; or 

17 (B) the United States Court of Appeals for 

18 the District of Columbia Circuit. 

19 (b) DEADLINE FOR COMMENCING ACTION.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), a civil action for judicial review described 

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

23 the date that is 180 days after the date of the deci24 sion or action or failure to act involved. 


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1 (2) NO KNOWLEDGE OF DECISION OR AC2 TION.—If a party shows that the party did not know 

3 of the decision or action complained of (or of the 

4 failure to act) and that a reasonable person acting 

5 under the circumstances would not have known, the 

6 party may bring a civil action not later than 180 

7 days after the date the party acquired actual or con8 structive knowledge of the decision, action, or failure 

9 to act. 

10 SEC. 405. LITIGATION AUTHORITY. 

11 (a) SUPERVISION BY ATTORNEY GENERAL.—The liti12 gation of the Administration shall be subject to the super13 vision of the Attorney General pursuant to chapter 31 of 

14 title 28, United States Code. 

15 (b) ATTORNEYS OF ADMINISTRATION.—The Attor16 ney General may authorize any attorney of the Adminis17 tration to conduct any civil litigation of the Administration 

18 in any Federal court, except the Supreme Court. 

19 SEC. 406. LIABILITIES. 

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

21 cause of action, or judicial proceeding commenced by or 

22 against the Secretary relating to functions or contracts 

23 transferred to the Administrator by this Act shall— 

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

25 Act; and 


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1 (2) continue in effect with the Administrator 

2 substituted for the Secretary. 

3 (b) SETTLEMENT OF PENDING LITIGATION; CON4 TRACT MODIFICATION.— 

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

6 consultation with the Administrator, shall settle all 

7 claims against the United States by a contract hold8 er for the breach of a contract for the disposal of 

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

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

11 a condition precedent of an agreement of the Admin12 istrator to take title to and store the nuclear waste 

13 of the contract holder at a storage facility. 

14 (2) CONTRACT MODIFICATION.—The Adminis15 trator and contract holders shall modify contracts 

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

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

18 accordance with the settlement under paragraph (1). 

19 (c) PAYMENT OF JUDGMENTS AND SETTLEMENTS.— 

20 Payment of judgments and settlements in cases arising 

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

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

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

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

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1 nent judgment appropriation established pursuant to sec2 tion 1304 of title 31, United States Code. 

3 (d) NEW CONTRACTS.—Notwithstanding section 

4 302(a)(5) of the Nuclear Waste Policy Act of 1982 (42 

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

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

7 that obligates the Administrator to begin disposing of nu8 clear waste before the Commission has licensed the Ad9 ministrator to operate a repository or storage facility. 

10 (e) NUCLEAR INDEMNIFICATION.— 

11 (1) INDEMNIFICATION AGREEMENTS.—For pur12 poses of section 170 of the Atomic Energy Act of 

13 1954 (42 U.S.C. 2210) (commonly known as the 

14 ‘‘Price-Anderson Act’’)— 

15 (A) any person that conducts nuclear 

16 waste activities under a contract with the Ad17 ministrator that may involve the risk of public 

18 liability shall be treated as a contractor of the 

19 Secretary; and 

20 (B) the Secretary shall enter into an 

21 agreement of indemnification with any person 

22 described in subparagraph (A). 

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

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


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1 2014(ff)) is amended by inserting ‘‘or the Nuclear 

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

3 TITLE V—ADMINISTRATIVE AND 

4 SAVINGS PROVISIONS 

5 SEC. 501. ADMINISTRATIVE POWERS OF ADMINISTRATOR. 

6 The Administrator shall have the power— 

7 (1) to perform the functions of the Secretary 

8 transferred to the Administrator pursuant to this 

9 Act; 

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

11 generates or holds title to nuclear waste generated 

12 in a civilian nuclear power reactor for the acceptance 

13 of title, subsequent transportation, storage, and dis14 posal of the nuclear waste; 

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

16 and cooperative agreements with public agencies, 

17 private organizations, and persons necessary or ap18 propriate to carry out the functions of the Adminis19 trator; 

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

21 States, real estate for the construction, operation, 

22 and decommissioning of nuclear waste facilities; 

23 (5) to obtain from the Administrator of General 

24 Services the services the Administrator of General 

25 Services is authorized to provide agencies of the 


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1 United States, on the same basis as those services 

2 are provided to other agencies of the United States; 

3 (6) to conduct nongeneric research, develop4 ment, and demonstration activities necessary or ap5 propriate to carrying out the functions of the Ad6 ministrator; and 

7 (7) to make such rules and regulations, not in8 consistent with this Act, as may be necessary to 

9 carry out the functions of the Administrator. 

10 SEC. 502. PERSONNEL. 

11 (a) OFFICERS AND EMPLOYEES.— 

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

13 officers described in section 203, the Administrator 

14 may appoint and fix the compensation of such offi15 cers and employees as may be necessary to carry out 

16 the functions of the Administration. 

17 (2) COMPENSATION.—Except as provided in 

18 paragraph (3), officers and employees appointed 

19 under this subsection shall be appointed in accord20 ance with the civil service laws and the compensation 

21 of the officers and employees shall be fixed in ac22 cordance with title 5, United States Code. 

23 (3) EXCEPTION.—Notwithstanding paragraph 

24 (2), the Administrator may, to the extent the AdVerDate Sep 11 2014 20:32 May 02, 2019 Jkt 089200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S1234.IS S1234

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1 ministrator determines necessary to discharge the 

2 responsibilities of the Administrator— 

3 (A) appoint exceptionally well qualified in4 dividuals to scientific, engineering, or other crit5 ical positions without regard to the provisions 

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

7 governing appointments in the competitive serv8 ice; and 

9 (B) fix the basic pay of any individual ap10 pointed under subparagraph (A) at a rate of 

11 not more than level I of the Executive Schedule 

12 without regard to the civil service laws, except 

13 that the total annual compensation of the indi14 vidual shall be at a rate of not more than the 

15 highest total annual compensation payable 

16 under section 104 of title 3, United States 

17 Code. 

18 (4) MERIT PRINCIPLES.—The Administrator 

19 shall ensure that the exercise of the authority grant20 ed under paragraph (3) is consistent with the merit 

21 principles of section 2301 of title 5, United States 

22 Code. 

23 (b) EXPERTS AND CONSULTANTS.—The Adminis24 trator may obtain the temporary or intermittent services 


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1 of experts or consultants as authorized by section 3109 

2 of title 5, United States Code. 

3 (c) ADVISORY COMMITTEES.— 

4 (1) ESTABLISHMENT.—The Administrator may 

5 establish, in accordance with the Federal Advisory 

6 Committee Act (5 U.S.C. App.), such advisory com7 mittees as the Administrator may consider appro8 priate to assist in the performance of the functions 

9 of the Administrator. 

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

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

12 Federal Government, may be allowed travel ex13 penses, including per diem in lieu of subsistence, as 

14 authorized by section 5703 of title 5, United States 

15 Code, for individuals in the Government service 

16 without pay, while attending meetings of the advi17 sory committee or otherwise serving away from the 

18 homes or regular place of business of the member at 

19 the request of the Administrator. 

20 SEC. 503. OFFICES. 

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

22 Administration shall be in or near the District of Colum23 bia. 


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1 (b) FIELD OFFICES.—The Administrator may main2 tain such field offices as the Administrator considers nec3 essary to carry out the functions of the Administrator. 

4 SEC. 504. MISSION PLAN. 

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

6 a mission plan, which shall— 

7 (1) provide an informational basis sufficient to 

8 permit informed decisions to be made in carrying 

9 out the functions of the Administrator; and 

10 (2) provide verifiable indicators for oversight of 

11 the performance of the Administrator. 

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

13 (1) a description of the actions the Adminis14 trator plans to take to carry out the functions of the 

15 Administrator under this Act; 

16 (2) schedules and milestones for carrying out 

17 the functions of the Administrator, which shall pro18 vide for the operation of— 

19 (A) a pilot facility not later than December 

20 31, 2025; 

21 (B) a storage facility for nonpriority waste 

22 not later than December 31, 2029; and 

23 (C) a repository not later than December 

24 31, 2052; 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) provide interested persons an opportunity to 

5 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, along with a 

13 general statement responding to any significant 

14 issues raised in the comments received on the pro15 posed mission plan, to the appropriate committees of 

16 Congress, the President, and the Oversight Board. 

17 (f) REVISION OF THE MISSION PLAN.—The Adminis18 trator shall— 

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

20 reflect major changes in the planned activities, 

21 schedules, milestones, and cost estimates reported in 

22 the mission plan; and 

23 (2) submit the revised mission plan to Con24 gress, the President, and the Oversight Board prior 

25 to implementing the proposed changes. 


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1 SEC. 505. ANNUAL REPORTS. 

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

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

4 Oversight Board a comprehensive report on the activities 

5 and expenditures of the Administration. 

6 (b) MANAGEMENT REPORT.—The annual report sub7 mitted under subsection (a) shall include— 

8 (1) the annual management report required 

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

10 and 

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

12 statements of the Administration conducted under 

13 section 9105 of title 31, United States Code. 

14 SEC. 506. SAVINGS PROVISIONS; TERMINATIONS. 

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

16 affect any proceeding or any application for any license 

17 or permit pending before the Commission on the date of 

18 enactment of this Act. 

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

20 not transfer or affect the authority of the Secretary with 

21 respect to— 

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

23 storage of defense wastes at Department of Energy 

24 sites prior to delivery to, and acceptance by, the Ad25 ministrator for disposal in a repository; 


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1 (2) the conduct of generic research, develop2 ment, and demonstration activities related to nuclear 

3 waste management, including proliferation-resistant 

4 advanced fuel recycling and transmutation tech5 nologies that minimize environmental and public 

6 health and safety impacts; and 

7 (3) training and workforce development pro8 grams relating to nuclear waste management. 

9 (c) TERMINATIONS.—The authority for each function 

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

11 operation of repositories or storage facilities not trans12 ferred to the Administrator under this Act shall terminate 

13 on the date of enactment of this Act, including the author14 ity— 

15 (1) to provide interim storage or monitored, re16 trievable storage under subtitles B and C of title I 

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

18 10151 et seq.); and 

19 (2) to site or construct a test and evaluation fa20 cility under title II of the Nuclear Waste Policy Act 

21 of 1982 (42 U.S.C. 10191 et seq.). 

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

23 FUEL STORAGE AND DISPOSAL. 

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

25 date of enactment of this Act and annually for 5 sucVerDate Sep 11 2014 20:32 May 02, 2019 Jkt 089200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S1234.IS S1234

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1 ceeding years, the Secretary and the Commission shall up2 date and publish in the Federal Register the joint notice 

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

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

5 (b) INFORMING FOREIGN GOVERNMENTS.—As soon 

6 as practicable after the date of the publication of the an7 nual joint notice described in subsection (a), the Secretary 

8 of State shall inform the governments of nations and orga9 nizations operating nuclear power plants, solicit expres10 sions of interest, and transmit any such expressions of in11 terest to the Secretary and the Commission, as provided 

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

13 (42 U.S.C. 10203(c)). 

14 (c) BUDGET REQUESTS.—The President shall in15 clude in the budget request of the President for the Com16 mission and the Department of Energy for each of fiscal 

17 years 2020 through 2025 such funding requests for a pro18 gram of cooperation and technical assistance with nations 

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

20 the President determines appropriate in light of expres21 sions of interest in the cooperation and assistance. 

22 (d) ELIGIBILITY.—Notwithstanding any limitation on 

23 cooperation and technical assistance to non-nuclear weap24 on states under section 223 of the Nuclear Waste Policy 

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


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1 Commission may cooperate with and provide technical as2 sistance to nuclear weapon states, if the Secretary and the 

3 Commission determine the cooperation and technical as4 sistance is in the national interest. 

5 SEC. 508. NUCLEAR WASTE TECHNICAL REVIEW BOARD. 

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

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

8 10262(b)(3)(C)(iii)(I)) is amended by inserting ‘‘or the 

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

10 Energy’’. 

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

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

13 striking ‘‘1987’’ and inserting ‘‘1987 and the Nuclear 

14 Waste Administrator’’. 

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

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

17 10264(b)) is amended by striking ‘‘Secretary’’ each place 

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

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

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

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

22 and inserting ‘‘Congress, the Nuclear Waste Adminis23 trator, and the Nuclear Waste Oversight Board’’. 

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

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


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1 by striking ‘‘Secretary’’ and inserting ‘‘Nuclear Waste Ad2 ministrator’’. 

3 SEC. 509. REPEAL OF VOLUME LIMITATION. 

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

5 1982 (42 U.S.C. 10134(d)) is amended by striking the 

6 second and third sentences. 

Æ 


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