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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1234 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Nuclear Waste 
Administration Act of 2019''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

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

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

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

Sec. 301. Transfer of functions.
Sec. 302. Transfer of contracts.
Sec. 303. 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.

              TITLE I--FINDINGS, PURPOSES, AND DEFINITIONS

SEC. 101. FINDINGS.

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

SEC. 102. PURPOSES.

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

SEC. 103. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        Nuclear Waste Administration established by section 201.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Administration.
            (3) Affected indian tribe.--The term ``affected Indian 
        Tribe'' means any Indian Tribe--
                    (A) within the reservation boundaries of which a 
                repository or storage facility is proposed to be 
                located; or
                    (B) that has federally defined possessory or usage 
                rights to other land outside of the reservation 
                boundaries that--
                            (i) arise out of a congressionally ratified 
                        treaty; and
                            (ii) the Secretary of the Interior finds, 
                        on petition of an appropriate governmental 
                        official of the Indian Tribe, may be 
                        substantially and adversely affected by the 
                        repository or storage facility.
            (4) Affected unit of general local government.--
                    (A) In general.--The term ``affected unit of 
                general local government'' means the unit of general 
                local government that has jurisdiction over the site of 
                a repository or storage facility.
                    (B) Inclusion.--The term ``affected unit of general 
                local government'' may include, at the discretion of 
                the Administrator, units of general local government 
                that are contiguous with the unit that has jurisdiction 
                over the site of a repository or storage facility.
            (5) Civilian nuclear power reactor.--The term ``civilian 
        nuclear power reactor'' has the meaning given the term in 
        section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10101).
            (6) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (7) Compliance agreement.--The term ``compliance 
        agreement'' means a legally enforceable agreement between the 
        Secretary and a Federal or State agency requiring the removal 
        of defense waste from a Department of Energy facility.
            (8) Contract holder.--The term ``contract holder'' means 
        any person who--
                    (A) generates or holds title to nuclear waste 
                generated at a civilian nuclear power reactor; and
                    (B) has entered into a contract for the disposal of 
                nuclear waste under section 302(a) of the Nuclear Waste 
                Policy Act of 1982 (42 U.S.C. 10222(a)) or this Act.
            (9) Defense waste.--The term ``defense waste'' means 
        nuclear waste generated by an atomic energy defense activity 
        (as defined in section 2 of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10101)).
            (10) Disposal.--The term ``disposal'' has the meaning given 
        the term in section 2 of the Nuclear Waste Policy Act of 1982 
        (42 U.S.C. 10101).
            (11) Emergency delivery.--
                    (A) In general.--The term ``emergency delivery'' 
                means nuclear waste accepted by the Administrator for 
                storage prior to the date provided in the contractual 
                delivery commitment schedule pursuant to article V.D. 
                of the standard contract for disposal of nuclear waste 
                codified in section 961.11 of title 10, Code of Federal 
                Regulations.
                    (B) Inclusion.--The term ``emergency delivery'' may 
                include, at the discretion of the Administrator, 
                defense waste that is required to be removed from a 
                Department of Energy facility--
                            (i) pursuant to a compliance agreement; or
                            (ii) to eliminate an imminent and serious 
                        threat to the health and safety of the public 
                        or the common defense and security.
            (12) High-level radioactive waste.--The term ``high-level 
        radioactive waste'' has the meaning given the term in section 2 
        of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
            (13) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 2 of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
            (14) Mission plan.--The term ``mission plan'' means the 
        comprehensive report required under section 504.
            (15) Nonpriority waste.--The term ``nonpriority waste'' 
        means nuclear waste that does not qualify as priority waste.
            (16) Nuclear waste.--The term ``nuclear waste'' means--
                    (A) spent nuclear fuel; and
                    (B) high-level radioactive waste.
            (17) Nuclear waste activities.--The term ``nuclear waste 
        activities'' has the meaning given the term in section 11 of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2014).
            (18) Nuclear waste facility.--The term ``nuclear waste 
        facility'' means--
                    (A) a repository; and
                    (B) a storage facility.
            (19) Nuclear waste fund.--The term ``Nuclear Waste Fund'' 
        means the separate fund in the Treasury established by section 
        302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10222(c)).
            (20) Oversight board.--The term ``Oversight Board'' means 
        the Nuclear Waste Oversight Board established by section 205.
            (21) Pilot facility.--The term ``pilot facility'' means the 
        storage facility for priority waste authorized by section 
        303(1).
            (22) Priority waste.--The term ``priority waste'' means--
                    (A) any emergency delivery; and
                    (B) spent nuclear fuel removed from a civilian 
                nuclear power reactor that has been permanently shut 
                down.
            (23) Public liability.--The term ``public liability'' has 
        the meaning given the term in section 11 of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2014).
            (24) Repository.--The term ``repository'' has the meaning 
        given the term in section 2 of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10101).
            (25) Reservation.--The term ``reservation'' has the meaning 
        given the term in section 2 of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10101).
            (26) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (27) Site characterization.--
                    (A) In general.--The term ``site characterization'' 
                means the site-specific activities that the 
                Administrator determines necessary to support an 
                application to the Commission for a license to 
                construct a repository or storage facility under 
                section 305(c).
                    (B) Repository site characterization.--In the case 
                of a site for a repository, the term ``site 
                characterization'' may include borings, surface 
                excavations, excavations of exploratory shafts, limited 
                subsurface lateral excavations and borings, and in situ 
                testing needed to evaluate the suitability of a 
                candidate site for the location of a repository.
                    (C) Storage site characterization.--In the case of 
                a site for an above-ground storage facility, the term 
                ``site characterization'' does not include subsurface 
                borings and excavations that the Administrator 
                determines are uniquely associated with underground 
                disposal and unnecessary to evaluate the suitability of 
                a candidate site for the location of an above-ground 
                storage facility.
                    (D) Preliminary activities.--The term ``site 
                characterization'' does not include preliminary borings 
                and geophysical testing needed to assess whether site 
                characterization should be undertaken.
            (28) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
        has the meaning given the term in section 2 of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101).
            (29) Storage.--The term ``storage'' means the temporary 
        retention of nuclear waste pending the disposal of the nuclear 
        waste in a repository.
            (30) Storage facility.--The term ``storage facility'' means 
        a facility for the consolidated storage of nuclear waste from 
        multiple contract holders or the Secretary pending the disposal 
        of the spent nuclear fuel in a repository.
            (31) Unit of general local government.--The term ``unit of 
        general local government'' has the meaning given the term in 
        section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10101).
            (32) Working capital fund.--The term ``Working Capital 
        Fund'' means the Nuclear Waste Administration Working Capital 
        Fund established by section 401.

                 TITLE II--NUCLEAR WASTE ADMINISTRATION

SEC. 201. ESTABLISHMENT.

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

SEC. 202. PRINCIPAL OFFICERS.

    (a) Administrator.--
            (1) Appointment.--There shall be at the head of the 
        Administration a Nuclear Waste Administrator, who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate, from among persons who are, by reason of 
        education, experience, and attainments, exceptionally well 
        qualified to perform the duties of the Administrator.
            (2) Term.--The term of service of the Administrator shall 
        be 6 years.
            (3) Reappointment.--An Administrator may serve more than 1 
        term.
            (4) Functions and powers.--The functions and powers of the 
        Administration shall be vested in and exercised by the 
        Administrator.
            (5) Supervision and direction.--The Administration shall be 
        administrated under the supervision and direction of the 
        Administrator, who shall be responsible for the efficient and 
        coordinated management of the Administration.
            (6) Delegation.--The Administrator may, from time to time 
        and to the extent permitted by law, delegate such functions of 
        the Administrator as the Administrator determines to be 
        appropriate.
            (7) Compensation.--The President shall fix the total annual 
        compensation of the Administrator in an amount that--
                    (A) is sufficient to recruit and retain a person of 
                demonstrated ability and achievement in managing large 
                corporate or governmental organizations; and
                    (B) does not exceed the total annual compensation 
                paid to the Chief Executive Officer of the Tennessee 
                Valley Authority.
    (b) Deputy Administrator.--
            (1) Appointment.--There shall be in the Administration a 
        Deputy Administrator, who shall be appointed by the President, 
        by and with the advice and consent of the Senate, from among 
        persons who are, by reason of education, experience, and 
        attainments, exceptionally well qualified to perform the duties 
        of the Deputy Administrator.
            (2) Term.--The term of service of the Deputy Administrator 
        shall be 6 years.
            (3) Reappointment.--A Deputy Administrator may serve more 
        than 1 term.
            (4) Duties.--The Deputy Administrator shall--
                    (A) perform such functions as the Administrator 
                shall from time to time assign or delegate; and
                    (B) act as the Administrator during the absence or 
                disability of the Administrator or in the event of a 
                vacancy in the office of the Administrator.
            (5) Compensation.--The President shall fix the total annual 
        compensation of the Deputy Administrator in an amount that--
                    (A) is sufficient to recruit and retain a person of 
                demonstrated ability and achievement in managing large 
                corporate or governmental organizations; and
                    (B) does not exceed the total annual compensation 
                paid to the Administrator.

SEC. 203. OTHER OFFICERS.

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

SEC. 204. INSPECTOR GENERAL.

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

SEC. 205. NUCLEAR WASTE OVERSIGHT BOARD.

    (a) Establishment.--There is established an independent 
establishment in the executive branch, to be known as the ``Nuclear 
Waste Oversight Board''--
            (1) to oversee--
                    (A) the receipt, disbursement, and use of funds in 
                the Working Capital Fund and the Nuclear Waste Fund;
                    (B) the adequacy of the fees collected under 
                section 302(a) of the Nuclear Waste Policy Act of 1982 
                (42 U.S.C. 10222(a)) to ensure the full recovery of the 
                costs incurred by the Federal Government in carrying 
                out activities under this Act and the Nuclear Waste 
                Policy Act of 1982 (42 U.S.C. 10101 et seq.); and
                    (C) the performance of the Administrator in--
                            (i) fulfilling contracts with contract 
                        holders; and
                            (ii) complying with the mission plan; and
            (2) to review the annual management reports and financial 
        statements submitted by the Administrator under section 505.
    (b) Members.--The Oversight Board shall be composed of 5 members 
appointed by the President, by and with the advice and consent of the 
Senate, from among prominent United States citizens of integrity and 
reputation who, based on the training, experience, and attainments of 
the individuals, are exceptionally well qualified to evaluate and 
oversee the administration of this Act.
    (c) Political Affiliation.--Not more than 3 members of the 
Oversight Board may be members of the same political party.
    (d) Terms.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), each member shall serve a term of 5 years.
            (2) Initial terms.--
                    (A) Starting date.--The term of the first 5 members 
                appointed to the Oversight Board shall be treated as 
                having started on the first July 1 after the date of 
                enactment of this Act.
                    (B) Staggered term.--Of the 5 members first 
                appointed to the Board under subparagraph (A)--
                            (i) 1 shall be appointed for a term of 1 
                        year;
                            (ii) 1 shall be appointed for a term of 2 
                        years;
                            (iii) 1 shall be appointed for a term of 3 
                        years;
                            (iv) 1 shall be appointed for a term of 4 
                        years; and
                            (v) 1 shall be appointed for a term of 5 
                        years.
            (3) Extension of term.--
                    (A) In general.--Subject to subparagraph (B), a 
                member of the Oversight Board may continue to serve 
                after the expiration of the term of the member until a 
                successor is appointed, has been confirmed, and has 
                taken the oath of office.
                    (B) Limitation.--No member of the Oversight Board 
                may serve beyond the end of the session of the Congress 
                in which the term of the member expires.
            (4) Vacancies.--A member of the Oversight Board appointed 
        to fill a vacancy occurring before the expiration of the term 
        for which the predecessor of the member was appointed shall be 
        appointed only for the remainder of the term of the 
        predecessor.
            (5) Reappointment.--A member of the Oversight Board may be 
        reappointed for an additional term by the President, by and 
        with the advice and consent of the Senate.
    (e) Removal.--The President may remove any member of the Oversight 
Board for inefficiency, neglect of duty, or malfeasance in office.
    (f) Chair.--The President shall designate 1 member of the Oversight 
Board as Chair of the Oversight Board.
    (g) Acting Chair.--The Chair designated under subsection (f) may 
from time to time designate any other member of the Oversight Board to 
act in the place and stead of the Chair during the absence.
    (h) Quorum.--Three members of the Oversight Board shall constitute 
a quorum for the purpose of doing business.
    (i) Equal Responsibility and Authority.--Each member of the 
Oversight Board, including the Chair, shall have--
            (1) equal responsibility and authority in all decisions and 
        actions of the Oversight Board;
            (2) full access to all information relating to the 
        performance of the duties and responsibilities of the member; 
        and
            (3) 1 vote.
    (j) Conflict of Interest.--No member of the Oversight Board shall--
            (1) be employed by the Administration or the Department of 
        Energy; or
            (2) have a financial interest in (including an employment 
        relationship with) any contract holder or contractor of the 
        Administration.
    (k) Compensation.--
            (1) In general.--Each member of the Oversight Board shall 
        be paid at the rate of pay payable for level III of the 
        Executive Schedule in subchapter II of chapter 53 of title 5, 
        United States Code, for each day (including travel time) the 
        member is engaged in the work of the Oversight Board.
            (2) Travel expenses.--Each member of the Oversight Board 
        may receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.
    (l) Meetings.--The Oversight Board shall meet at least once every 
90 days.
    (m) Functions.--The Oversight Board shall--
            (1) review, on an ongoing basis--
                    (A) the progress made by the Administrator in 
                siting, constructing, and operating nuclear waste 
                facilities under this Act;
                    (B) the use of funds made available to the 
                Administrator under this Act;
                    (C) whether the fees collected from contract 
                holders are sufficient to ensure full cost recovery or 
                require adjustment; and
                    (D) the liability of the United States to contract 
                holders;
            (2) identify any problems that may impede the 
        implementation of this Act; and
            (3) recommend to the Administrator, the President, or 
        Congress, as appropriate, any actions that may be needed to 
        ensure the implementation of this Act.
    (n) Reports.--The Oversight Board shall report the findings, 
conclusions, and recommendations of the Oversight Board to the 
Administrator, the President, and Congress not less than once per year.
    (o) Response by the Administrator.--Not later than 45 days after 
the date on which the Oversight Board submits a report to the 
Administrator under subsection (n), the Administrator shall transmit to 
the Oversight Board, in writing--
            (1) a statement of whether the Administrator accepts or 
        rejects, in whole or in part, the recommendations submitted by 
        the Oversight Board;
            (2) a description of the actions taken in response to the 
        recommendations (or an explanation of the reasons for not 
        acting on the recommendations); and
            (3) the views of the Administrator on the recommendations.
    (p) Public Availability.--The Administrator shall make all reports 
under subsection (n) and all responses from the Administrator under 
subsection (o) available to the public.
    (q) Executive Secretary.--The Oversight Board shall appoint and fix 
the compensation of an Executive Secretary, who shall--
            (1) assemble and maintain the reports, records, and other 
        papers of the Oversight Board; and
            (2) perform such functions as the Oversight Board shall 
        from time to time assign or delegate to the Executive 
        Secretary.
    (r) Additional Staff.--
            (1) Appointment.--The Oversight Board may appoint and fix 
        the compensation of such additional clerical and professional 
        staff as may be necessary to discharge the responsibilities of 
        the Oversight Board.
            (2) Limitation.--The Oversight Board may appoint not more 
        than 10 clerical or professional staff members under this 
        subsection.
            (3) Supervision and direction.--The clerical and 
        professional staff of the Oversight Board shall be under the 
        supervision and direction of the Executive Secretary.
    (s) Staff Compensation.--
            (1) Clerical staff.--Clerical staff shall be appointed 
        subject to the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and shall be 
        paid in accordance with the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule rates.
            (2) Professional staff.--Professional staff members may be 
        appointed without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        and may be paid without regard to the provisions of chapter 51 
        and subchapter III of chapter 53 of that title relating to 
        classification and General Schedule pay rates, except that no 
        individual so appointed may receive pay in excess of the 
        maximum rate of pay under the General Schedule.
    (t) Access to Information.--
            (1) Duty to inform.--The Administrator shall keep the 
        Oversight Board fully and currently informed on all of the 
        activities of the Administration.
            (2) Production of documents.--The Administrator shall 
        provide the Oversight Board with any records, files, papers, 
        data, or information requested by the Oversight Board.
    (u) Support Services.--To the extent permitted by law and requested 
by the Oversight Board, the Administrator of General Services shall 
provide the Oversight Board with necessary administrative services, 
facilities, and support on a reimbursable basis.
    (v) Health, Safety, and Environmental Regulation.--Nothing in this 
section gives the Oversight Board jurisdiction to regulate the 
activities of the Administration to protect the health and safety of 
the public or the environment.
    (w) Authorization of Appropriations.--There are authorized to be 
appropriated to the Oversight Board from amounts in the Nuclear Waste 
Fund such sums as are necessary to carry out this section.

SEC. 206. CONFORMING AMENDMENTS.

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

                          TITLE III--FUNCTIONS

SEC. 301. TRANSFER OF FUNCTIONS.

    There are transferred to and vested in the Administrator all 
functions vested in the Secretary by the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101 et seq.) relating to--
            (1) the construction and operation of a repository;
            (2) entering into and performing contracts for the disposal 
        of nuclear waste under section 302 of that Act (42 U.S.C. 
        10222);
            (3) the collection, adjustment, deposition, and use of fees 
        to offset expenditures for the management of nuclear waste; and
            (4) the issuance of obligations under section 302(e)(5) of 
        the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(5)).

SEC. 302. TRANSFER OF CONTRACTS.

    Each contract for the disposal of nuclear waste entered into by the 
Secretary before the date of enactment of this Act shall continue in 
effect according to the terms of the contract with the Administrator 
substituted for the Secretary.

SEC. 303. NUCLEAR WASTE FACILITIES.

    The Administrator shall site, construct, and operate--
            (1) a pilot facility for the storage of priority waste;
            (2) 1 or more additional storage facilities for the storage 
        of nonpriority nuclear waste; and
            (3) 1 or more repositories for the permanent disposal of 
        nuclear waste.

SEC. 304. SITING NUCLEAR WASTE FACILITIES.

    In siting nuclear waste facilities under this Act or performing any 
function transferred under section 301(1), the Administrator shall 
employ a process that--
            (1) allows affected communities to decide whether, and on 
        what terms, the affected communities will host a nuclear waste 
        facility;
            (2) is open to the public and allows interested persons to 
        be heard in a meaningful way;
            (3) is flexible and allows decisions to be reviewed and 
        modified in response to new information or new technical, 
        social, or political developments; and
            (4) is based on sound science and meets public health, 
        safety, and environmental standards.

SEC. 305. STORAGE FACILITIES.

    (a) Establishment of Storage Facility Program.--The Administrator 
shall establish a storage program to license, construct, and operate 
through 1 or more non-Federal sector partners, 1 or more government or 
non-federally owned storage facilities to provide interim storage, as 
needed, for spent nuclear fuel and high-level radioactive waste.
    (b) Pilot Program for the Storage of Priority Waste.--
            (1) Request for proposals.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Administrator shall 
                issue a request for proposals for cooperative 
                agreements for a pilot program for the storage of 
                priority waste--
                            (i) to obtain any license from the Nuclear 
                        Regulatory Commission and any other Federal or 
                        State entity that is necessary for the 
                        construction of 1 or more storage facilities;
                            (ii) to demonstrate the safe transportation 
                        of spent nuclear fuel and high-level 
                        radioactive waste, as applicable; and
                            (iii) to demonstrate the safe storage of 
                        spent nuclear and high-level radioactive waste, 
                        as applicable, at the 1 or more storage 
                        facilities, pending the construction and 
                        operation of deep geologic disposal capacity 
                        for the permanent disposal of the spent nuclear 
                        fuel or high-level radioactive waste.
                    (B) Guidelines.--
                            (i) In general.--The request for proposals 
                        under subparagraph (A) shall include general 
                        guidelines for the consideration of storage 
                        facilities consistent with each requirement of 
                        section 112(a) of the Nuclear Waste Policy Act 
                        of 1982 (42 U.S.C. 10132(a)), that the 
                        Administrator determines to be applicable to 
                        above-ground storage.
                            (ii) Revisions.--The Administrator may 
                        revise the general guidelines from time to 
                        time, consistent with this section.
            (2) Reviews of proposals.--
                    (A) In general.--The Administrator shall review 
                each proposal submitted under paragraph (1) to 
                evaluate--
                            (i) the extent to which the applicable 
                        States, affected units of general local 
                        government, and affected Indian Tribes support 
                        the proposal;
                            (ii) the likelihood that the proposed site 
                        is suitable for site characterization under the 
                        guidelines under paragraph (1)(B);
                            (iii) a reasonable comparative evaluation 
                        of the proposed site and other proposed sites;
                            (iv) the extent to which nuclear wastes 
                        are, or are planned to be, stored or disposed 
                        of within the State;
                            (v) the extent to which each proposal 
                        would--
                                    (I) enhance the reliability and 
                                flexibility of the system for the 
                                disposal of nuclear waste, including 
                                co-location with a proposed permanent 
                                geological repository; and
                                    (II) minimize the impacts of 
                                transportation and handling of nuclear 
                                waste;
                            (vi) potential conflicts with--
                                    (I) a compliance agreement 
                                requiring removal of nuclear waste from 
                                a site; or
                                    (II) a statutory prohibition on the 
                                storage or disposal of nuclear waste at 
                                a site; and
                            (vii) any other criteria, including 
                        criteria relating to technical or safety 
                        specifications, that the Administrator 
                        determines to be appropriate.
                    (B) Preference for co-located repository and 
                storage facility.--In reviewing proposals submitted 
                under paragraph (1), the Administrator shall give 
                preference to sites proposed to be co-located with--
                            (i) additional storage facilities for 
                        nonpriority waste; or
                            (ii) a repository.
            (3) Site characterization.--
                    (A) Determination of suitability.--After conducting 
                a review under paragraph (2) and any additional site 
                investigation that the Administrator determines to be 
                appropriate, the Administrator shall determine whether 
                the site is suitable for site characterization.
                    (B) Selection of site for characterization.--From 
                the sites determined to be suitable for site 
                characterization under subparagraph (A), the 
                Administrator shall select at least 1 site for site 
                characterization, giving priority to sites that have 
                been proposed to be co-located with a permanent 
                geological repository, after--
                            (i) holding public hearings in the vicinity 
                        of each site and at least 1 other location 
                        within the State in which the site is located; 
                        and
                            (ii) notifying Congress.
                    (C) Cooperative agreement.--On selection of a site 
                for characterization under subparagraph (B), the 
                Administrator may enter into a cooperative agreement, 
                subject to section 401(e), with the State, affected 
                units of general local government, and affected Indian 
                Tribes, as applicable, that includes--
                            (i) terms of financial and technical 
                        assistance to enable each applicable unit of 
                        government to monitor, review, evaluate, 
                        comment on, obtain information on, make 
                        recommendations on, and mitigate any impacts 
                        from, site characterization activities; and
                            (ii) any other term that the Administrator 
                        determines to be appropriate.
            (4) Site selection.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C), on completion of site characterization activities, 
                the Administrator shall--
                            (i) make a final determination for each 
                        site of whether the site is suitable for 
                        development as a storage facility; and
                            (ii) select 1 or more suitable sites for 
                        storage facilities.
                    (B) Consent-based approval.--Before selecting a 
                site for developing a storage facility, the 
                Administrator shall enter into a consent agreement, 
                subject to section 401(e), to host the facility with--
                            (i) the Governor or other authorized 
                        official of the State in which the site is 
                        proposed to be located;
                            (ii) each affected unit of general local 
                        government; and
                            (iii) any affected Indian Tribe.
                    (C) Binding effect.--The consent agreement--
                            (i) shall be binding on the parties, 
                        subject to section 401(e); and
                            (ii) shall not be amended or revoked except 
                        by mutual agreement of the parties.
            (5) Submission of program plan.--Not less than 30 days 
        before selecting a site for development of a storage facility 
        under paragraph (4), the Administrator shall submit to Congress 
        a program plan that includes--
                    (A) a list of the 1 or more sites the Administrator 
                proposes to select for a storage facility;
                    (B) an estimate of the cost of licensing, 
                constructing, and operating each storage facility, 
                including the transportation costs, on an annual basis, 
                over the expected lifetime of the storage facility;
                    (C) a schedule for--
                            (i) obtaining from the Nuclear Regulatory 
                        Commission any license necessary to construct 
                        and operate the storage facility;
                            (ii) constructing the storage facility;
                            (iii) transporting spent fuel to the 
                        storage facility; and
                            (iv) removing the spent fuel from, and 
                        decommissioning of, the storage facility;
                    (D) an estimate of the cost of any financial 
                assistance, compensation, or incentives proposed to be 
                paid to the host State, Indian Tribe, or unit of local 
                government;
                    (E) an estimate of any future reductions in the 
                damages expected to be paid by the United States for 
                the delay of the Department of Energy in accepting 
                spent fuel expected to result from the storage 
                facilities developed under this section; and
                    (F) recommendations for any additional legislation 
                needed to authorize and implement the program.
            (6) Submission of license application.--On selection of a 
        site under paragraph (4), the applicant (in the case of a non-
        Federal facility) or the Administrator (in the case of a 
        federally owned facility) shall submit to the Commission an 
        application for a construction authorization for the storage 
        facility.
    (c) Additional Storage Facilities for Nonpriority Waste.--
            (1) In general.--The Administrator shall seek to ensure 
        that efforts to site, construct, and operate a storage facility 
        for nonpriority waste are accompanied by parallel efforts to 
        site, construct, and operate 1 or more repositories.
            (2) Storage facilities for nonpriority waste.--Except as 
        provided in paragraphs (3) and (4), the Administrator may issue 
        requests for proposals and select sites for site 
        characterization for 1 or more additional storage facilities 
        for nonpriority waste as the Administrator determines to be 
        necessary--
                    (A) subject to the terms and conditions of this 
                section; and
                    (B) in accordance with the mission plan developed 
                under section 504.
            (3) First 10 years.--During the 10-year period following 
        the date of enactment of this Act, the Administrator may not 
        issue an additional request for proposals or select a site for 
        site characterization for an additional storage facility for 
        nonpriority waste unless the Administrator has obligated funds 
        for activities under section 306.
            (4) After first 10 years.--After the date that is 10 years 
        after the date of enactment of this Act, the Administrator may 
        not issue an additional request for proposals or select a site 
        for site characterization for an additional storage facility 
        for nonpriority waste until the Administrator has selected a 
        site for evaluation under section 306(b)(2).
            (5) Storage of priority waste.--Nothing in this section 
        precludes the Administrator from storing priority waste at a 
        storage facility for nonpriority waste.

SEC. 306. REPOSITORIES.

    (a) Siting Guidelines.--
            (1) Issuance.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall issue general 
        guidelines for the consideration of candidate sites for 
        repositories, which shall--
                    (A) comply with the requirements of section 112(a) 
                of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
                10132(a)); and
                    (B) require the Administrator to take into account 
                the extent to which a repository would--
                            (i) enhance the reliability and flexibility 
                        of the system for the disposal of nuclear 
                        waste; and
                            (ii) minimize the impacts of transportation 
                        and handling of nuclear waste.
            (2) Revisions.--The Administrator may revise the guidelines 
        in a manner consistent with this subsection and section 112(a) 
        of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132(a)).
    (b) Identification of Candidate Sites.--
            (1) Review of potential sites.--As soon as practicable 
        after the date of the issuance of the guidelines under 
        subsection (a), the Administrator shall evaluate potential 
        sites for a repository to determine whether the sites are 
        suitable for site characterization.
            (2) Sites eligible for review.--The Administrator shall 
        select sites for evaluation under paragraph (1) from among 
        sites recommended by--
                    (A) the Governor or duly authorized official of the 
                State in which the site is located;
                    (B) the governing body of the affected unit of 
                general local government;
                    (C) the governing body of an Indian Tribe within 
                the reservation boundaries of which the site is 
                located; or
                    (D) the Administrator, after consultation with, and 
                with the consent of--
                            (i) the Governor of the State in which the 
                        site is located;
                            (ii) the governing body of the affected 
                        unit of general local government; and
                            (iii) the governing body of the Indian 
                        Tribe, if the site is located within the 
                        reservation of an Indian Tribe.
            (3) Site investigations.--In evaluating a site under this 
        subsection prior to any determination of the suitability of the 
        site for site characterization, the Administrator--
                    (A) shall use available geophysical, geological, 
                geochemical, hydrological, and other information; and
                    (B) shall not perform any preliminary borings or 
                excavations at the site unless necessary to determine 
                the suitability of the site and authorized by the 
                landowner.
            (4) Determination of suitability.--The Administrator shall 
        determine whether a site is suitable for site characterization 
        based on an environmental assessment of the site, which shall 
        include--
                    (A) an evaluation by the Administrator of whether 
                the site is suitable for development as a repository 
                under the guidelines established under subsection (a), 
                including a safety case that provides the basis for 
                confidence in the safety of the proposed nuclear waste 
                facility at the proposed site;
                    (B) an evaluation by the Administrator of the 
                effects of site characterization activities on public 
                health and safety and the environment;
                    (C) a reasonable comparative evaluation of the 
                proposed site and other proposed sites;
                    (D) a description of the decision process by which 
                the site was recommended;
                    (E) an assessment of the regional and local impacts 
                of locating a repository at the site, including the 
                extent to which nuclear wastes are, or are planned to 
                be, stored or disposed of within the State; and
                    (F) potential conflicts with--
                            (i) a compliance agreement requiring 
                        removal of nuclear waste from a site; or
                            (ii) a statutory prohibition on the storage 
                        or disposal of nuclear waste at a site.
    (c) Site Characterization.--
            (1) Selection of sites.--From among the sites determined to 
        be suitable for site characterization under subsection (b), the 
        Administrator shall select at least 1 site for site 
        characterization as a repository.
            (2) Preference for co-located repository and storage 
        facility.--In selecting sites for site characterization as a 
        repository, the Administrator shall give preference and 
        priority to sites determined to be suitable for co-location of 
        a storage facility and a repository.
            (3) Public hearings.--Before selecting a site for site 
        characterization, the Administrator shall hold public hearings 
        in the vicinity of the site and at least 1 other location 
        within the State in which the site is located--
                    (A) to inform the public of the proposed site 
                characterization; and
                    (B) to solicit public comments and recommendations 
                with respect to the site characterization plan of the 
                Administrator.
            (4) Consultation and cooperation agreement.--
                    (A) Requirement.--Before selecting a site for site 
                characterization, the Administrator shall enter into a 
                consultation and cooperation agreement, subject to 
                section 401(e), with--
                            (i) the Governor of the State in which the 
                        site is located;
                            (ii) the governing body of the affected 
                        unit of general local government; and
                            (iii) the governing body of any affected 
                        Indian Tribe.
                    (B) Contents.--The consultation and cooperation 
                agreement shall provide--
                            (i) compensation to the State, any affected 
                        units of local government, and any affected 
                        Indian Tribes for any potential economic, 
                        social, public health and safety, and 
                        environmental impacts associated with site 
                        characterization; and
                            (ii) financial and technical assistance to 
                        enable the State, affected units of local 
                        government, and affected Indian Tribes to 
                        monitor, review, evaluate, comment on, obtain 
                        information on, and make recommendations on 
                        site characterization activities.
    (d) Final Site Suitability Determination.--
            (1) Determination required.--On completion of site 
        characterization activities, the Administrator shall make a 
        final determination of whether the site is suitable for 
        development as a repository.
            (2) Basis of determination.--In making a determination 
        under paragraph (1), the Administrator shall determine if--
                    (A) the site is scientifically and technically 
                suitable for development as a repository, taking into 
                account--
                            (i) whether the site meets the siting 
                        guidelines of the Administrator; and
                            (ii) whether there is reasonable assurance 
                        that a repository at the site will meet--
                                    (I) the radiation protection 
                                standards of the Administrator of the 
                                Environmental Protection Agency; and
                                    (II) the licensing standards of the 
                                Commission; and
                    (B) development of a repository or storage facility 
                at the site is in the national interest.
            (3) Public hearings.--Before making a final determination 
        under paragraph (1), the Administrator shall hold public 
        hearings in the vicinity of the site and at least 1 other 
        location within the State in which the site is located to 
        solicit public comments and recommendations on the proposed 
        determination.
    (e) Consent Agreements.--
            (1) Requirement.--On making a final determination of site 
        suitability under subsection (d), but before submitting a 
        license application to the Commission under subsection (f), the 
        Administrator shall enter into a consent agreement, subject to 
        section 401(e), with--
                    (A) the Governor or other authorized official of 
                the State in which the site is located;
                    (B) the governing body of the affected unit of 
                general local government; and
                    (C) if the site is located on a reservation, the 
                governing body of the affected Indian Tribe.
            (2) Contents.--The consent agreement shall--
                    (A) contain the terms and conditions on which each 
                State, local government, and Indian Tribe, as 
                applicable, consents to host the repository; and
                    (B) express the consent of each State, local 
                government, and Indian Tribe to host the repository.
            (3) Terms and conditions.--The terms and conditions under 
        paragraph (2)(A)--
                    (A) shall promote the economic and social well-
                being of the people living in the vicinity of the 
                repository; and
                    (B) may include--
                            (i) financial compensation and incentives;
                            (ii) economic development assistance;
                            (iii) operational limitations or 
                        requirements; and
                            (iv) regulatory oversight authority.
            (4) Binding effect.--The consent agreement--
                    (A) shall be binding on the parties, subject to 
                section 401(e); and
                    (B) shall not be amended or revoked except by 
                mutual agreement of the parties.
    (f) Submission of License Application.--On determining that a site 
is suitable under subsection (d) and ratification of a consent 
agreement under subsection (e), the Administrator shall submit to the 
Commission an application for a construction authorization for the 
repository.

SEC. 307. LICENSING NUCLEAR WASTE FACILITIES.

    The construction and operation of a storage facility or repository 
under this Act shall be subject to--
            (1) all applicable standards for the protection of the 
        general environment from offsite releases of radioactive 
        material;
            (2) the licensing and regulatory jurisdiction of the 
        Commission, including all applicable criteria and requirements 
        issued by the Commission under section 121(b) of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10141(b)); and
            (3) the terms and conditions of each consent agreement 
        entered into under section 305(b)(4) or section 306(e).

SEC. 308. DEFENSE WASTE.

    (a) Disposal and Storage by Administration.--The Secretary--
            (1) shall arrange for the Administrator to dispose of 
        defense wastes in a repository developed under this Act; and
            (2) may arrange for the Administrator to store defense 
        wastes in storage facilities developed under this Act pending 
        disposal in a repository.
    (b) Memorandum of Agreement.--The arrangements shall be covered by 
a memorandum of agreement between the Secretary and the Administrator.
    (c) Costs.--The portion of the cost of developing, constructing, 
and operating the repository or storage facilities under this Act that 
is attributable to defense wastes shall be allocated to the Federal 
Government and paid by the Federal Government into the Working Capital 
Fund.
    (d) Prohibition.--No defense waste may be stored or disposed of by 
the Administrator in any storage facility or repository constructed 
under this Act until funds are appropriated to the Working Capital Fund 
in an amount equal to the fees that would be paid by contract holders 
under section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222) if such nuclear waste were generated by a contract holder.
    (e) Commingling Determination.--
            (1) Reevaluation.--Notwithstanding section 8 of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10107), the Secretary may 
        reevaluate the decision to commingle defense wastes with 
        nuclear waste from civilian nuclear power reactors.
            (2) Notification.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall notify the President 
        and the appropriate committees of Congress of whether the 
        Secretary intends to reevaluate the decision under paragraph 
        (1) and the reasons for that decision.
            (3) Separate nuclear waste facilities.--If the Secretary 
        finds, after conducting the reevaluation under paragraph (1), 
        that the development of separate nuclear waste facilities for 
        the storage or disposal of defenses wastes is necessary or 
        appropriate for the efficient management of defenses wastes, 
        the Administrator may, with the concurrence of the President, 
        site, construct, and operate 1 or more separate nuclear waste 
        facilities for the storage or disposal of defenses wastes.

SEC. 309. TRANSPORTATION.

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

                TITLE IV--FUNDING AND LEGAL PROCEEDINGS

SEC. 401. WORKING CAPITAL FUND.

    (a) Establishment.--There is established in the Treasury a separate 
fund, to be known as the ``Nuclear Waste Administration Working Capital 
Fund'', which shall be separate from the Nuclear Waste Fund.
    (b) Contents.--The Working Capital Fund shall consist of--
            (1) all fees paid by contract holders pursuant to section 
        302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10222(a)) on or after the date of enactment of this Act, which 
        shall be paid into the Working Capital Fund--
                    (A) notwithstanding section 302(c)(1) of the 
                Nuclear Waste Policy Act of 1982 (42 U.S.C. 
                10222(c)(1)); and
                    (B) immediately on the payment of the fees;
            (2) any appropriations made by Congress to pay the share of 
        the cost of the program established under this Act attributable 
        to defense wastes; and
            (3) interest paid on the unexpended balance of the Working 
        Capital Fund.
    (c) Availability.--All funds deposited in the Working Capital 
Fund--
            (1) shall be immediately available to the Administrator to 
        carry out the functions of the Administrator, except to the 
        extent limited in annual authorization or appropriation Acts;
            (2) shall remain available until expended; and
            (3) shall not be subject to apportionment under subchapter 
        II of chapter 15 of title 31, United States Code.
    (d) Use of Fund.--Except to the extent limited in annual 
authorization or appropriation Acts, the Administrator may make 
expenditures from the Working Capital Fund only for purposes of 
carrying out functions authorized by this Act.
    (e) Contract Authority.--Any contract or agreement that authorizes 
an expenditure or obligation exceeding an amount available in the 
Working Capital Fund for the expenditure or obligation (including any 
cooperative agreement, consultation, and cooperation agreement, or 
consent agreement under section 305 or 306) shall be subject to 
appropriation.
    (f) Performance-Based Funding.--No fees paid by contract holders 
pursuant to section 302(a) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10222(a)) shall be paid into the Working Capital Fund after 
December 31, 2029, unless the Administrator is operating a nuclear 
waste facility by that date.

SEC. 402. NUCLEAR WASTE FUND.

    (a) Elimination of Legislative Veto.--Section 302(a)(4) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)) is amended--
            (1) in the third sentence, by striking ``insure'' and 
        inserting ``ensure''; and
            (2) in the last sentence by striking ``transmittal unless'' 
        and all that follows through the end of the sentence and 
        inserting ``transmittal.''.
    (b) Administration of the Waste Fund.--Section 302(e) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)) is amended--
            (1) by striking ``Secretary'' each place it appears (except 
        where it appears in the context of the ``Secretary of the 
        Treasury'') and inserting ``Administrator of the Nuclear Waste 
        Administration''; and
            (2) by striking ``the Waste Fund'' each place it appears 
        and inserting ``the Waste Fund or the Working Capital Fund 
        established by section 401 of the Nuclear Waste Administration 
        Act of 2019''.

SEC. 403. FULL COST RECOVERY.

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

SEC. 404. JUDICIAL REVIEW.

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

SEC. 405. LITIGATION AUTHORITY.

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

SEC. 406. LIABILITIES.

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

             TITLE V--ADMINISTRATIVE AND SAVINGS PROVISIONS

SEC. 501. ADMINISTRATIVE POWERS OF ADMINISTRATOR.

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

SEC. 502. PERSONNEL.

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

SEC. 503. OFFICES.

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

SEC. 504. MISSION PLAN.

    (a) In General.--The Administrator shall prepare a mission plan, 
which shall--
            (1) provide an informational basis sufficient to permit 
        informed decisions to be made in carrying out the functions of 
        the Administrator; and
            (2) provide verifiable indicators for oversight of the 
        performance of the Administrator.
    (b) Contents.--The mission plan shall include--
            (1) a description of the actions the Administrator plans to 
        take to carry out the functions of the Administrator under this 
        Act;
            (2) schedules and milestones for carrying out the functions 
        of the Administrator, which shall provide for the operation 
        of--
                    (A) a pilot facility not later than December 31, 
                2025;
                    (B) a storage facility for nonpriority waste not 
                later than December 31, 2029; and
                    (C) a repository not later than December 31, 2052; 
                and
            (3) an estimate of the amounts that the Administration will 
        need Congress to appropriate from the Nuclear Waste Fund (in 
        addition to amounts expected to be available from the Working 
        Capital Fund) to carry out the functions of the Nuclear Waste 
        Fund, on an annual basis.
    (c) Proposed Mission Plan.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall submit a proposed 
mission plan for comment to--
            (1) Congress;
            (2) the Oversight Board;
            (3) the Commission;
            (4) the Nuclear Waste Technical Review Board established by 
        section 502 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10262);
            (5) the States;
            (6) affected Indian Tribes; and
            (7) such other interested persons as the Administrator 
        considers appropriate.
    (d) Public Notice and Comment.--On submitting the proposed mission 
plan for comment under subsection (c), the Administrator shall--
            (1) publish a notice in the Federal Register of the 
        availability of the proposed mission plan for public comment; 
        and
            (2) provide interested persons an opportunity to comment on 
        the proposed plan.
    (e) Submission of Final Mission Plan.--After consideration of the 
comments received, the Administrator shall--
            (1) revise the proposed mission plan to the extent that the 
        Administrator considers appropriate; and
            (2) submit the final mission plan, along with a general 
        statement responding to any significant issues raised in the 
        comments received on the proposed mission plan, to the 
        appropriate committees of Congress, the President, and the 
        Oversight Board.
    (f) Revision of the Mission Plan.--The Administrator shall--
            (1) revise the mission plan, as appropriate, to reflect 
        major changes in the planned activities, schedules, milestones, 
        and cost estimates reported in the mission plan; and
            (2) submit the revised mission plan to Congress, the 
        President, and the Oversight Board prior to implementing the 
        proposed changes.

SEC. 505. ANNUAL REPORTS.

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

SEC. 506. SAVINGS PROVISIONS; TERMINATIONS.

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

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

    (a) Joint Notice.--Not later than 90 days after the date of 
enactment of this Act and annually for 5 succeeding years, the 
Secretary and the Commission shall update and publish in the Federal 
Register the joint notice required by section 223(b) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10203(b)).
    (b) Informing Foreign Governments.--As soon as practicable after 
the date of the publication of the annual joint notice described in 
subsection (a), the Secretary of State shall inform the governments of 
nations and organizations operating nuclear power plants, solicit 
expressions of interest, and transmit any such expressions of interest 
to the Secretary and the Commission, as provided in section 223(c) of 
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203(c)).
    (c) Budget Requests.--The President shall include in the budget 
request of the President for the Commission and the Department of 
Energy for each of fiscal years 2020 through 2025 such funding requests 
for a program of cooperation and technical assistance with nations in 
the fields of spent nuclear fuel storage and disposal as the President 
determines appropriate in light of expressions of interest in the 
cooperation and assistance.
    (d) Eligibility.--Notwithstanding any limitation on cooperation and 
technical assistance to non-nuclear weapon states under section 223 of 
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203), the Secretary 
and the Commission may cooperate with and provide technical assistance 
to nuclear weapon states, if the Secretary and the Commission determine 
the cooperation and technical assistance is in the national interest.

SEC. 508. NUCLEAR WASTE TECHNICAL REVIEW BOARD.

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

SEC. 509. REPEAL OF VOLUME LIMITATION.

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