SEC. 2. CERTIFICATION OF COMMITMENT TO YUCCA MOUN-
TAIN. 
(a) IN GENERAL.—Subtitle E of title I of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10172 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 162. CERTIFICATION OF COMMITMENT TO YUCCA 
MOUNTAIN SITE. 
‘‘(a) DEFINITION OF DEFENSE WASTE.—In this sec-
tion, the term ‘defense waste’ means— 
‘‘(1) transuranic waste; 
‘‘(2) high-level radioactive waste; 
‘‘(3) spent nuclear fuel; 
‘‘(4) special nuclear materials; 
‘‘(5) greater-than-class C, low-level radioactive 
waste; and 
‘‘(6) any other waste arising from the produc-
tion, storage, or maintenance of nuclear weapons 
(including components of nuclear weapons). 
‘‘(b) CERTIFICATION OF COMMITMENT.—Not later 
than 30 days after the date of enactment of this section, 
the President shall publish in the Federal Register a no-
tice that the President certifies that the Yucca Mountain 
site is the selected site for the development of a repository 
for the disposal of high-level radioactive waste and spent 
nuclear fuel, in accordance with section 160. 
VerDate Nov 24 2008 
02:38 May 14, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2372.IH
H2372
wwoods2 on PRODPC68 with BILLS
‘‘(c) FAILURE TO PUBLISH CERTIFICATION; REV-
OCATION OF CERTIFICATION.—If the President fails to 
publish the certification of the President in accordance 
with subsection (b), or if the President revokes the certifi-
cation of the President after the date described in that 
subsection, not later than 1 year after the date described 
in subsection (b), or the date of revocation, as appropriate, 
and in accordance with subsection (d)— 
‘‘(1) each entity that is required under section 
302 to make a payment to the Secretary shall not 
be required to make any additional payment; and 
‘‘(2) each entity that has made a payment 
under section 302 shall receive from the Secretary of 
the Treasury, from amounts available in the Nuclear 
Waste Fund, an amount equal to the aggregate 
amount of the payments made by the entity (includ-
ing interest on the aggregate amount of the pay-
ments) to the Secretary for deposit in the Nuclear 
Waste Fund. 
‘‘(d) USE OF RETURNED PAYMENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
of the aggregate amount of payments returned to an 
entity described in subsection (c)(2)— 
VerDate Nov 24 2008 
02:38 May 14, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2372.IH
H2372
wwoods2 on PRODPC68 with BILLS
‘‘(A) 75 percent shall be used by the entity 
to provide rebates to ratepayers of the entity; 
and 
‘‘(B) 25 percent shall be used by the entity 
to carry out upgrades to nuclear power facilities 
of the entity to enhance the storage and secu-
rity of materials used to generate nuclear 
power. 
‘‘(2) DEFENSE WASTE.—In the case of a pay-
ment required to be paid to an entity for the storage 
of defense waste, the Secretary shall use the amount 
required to be paid to the entity to meet the penalty 
payment obligation of the Secretary under sub-
section (e)(2) to the State in which the entity is lo-
cated. 
‘‘(e) DISPOSITION OF DEFENSE WASTE.— 
‘‘(1) IN GENERAL.—Not later than January 1, 
2017, the Secretary shall initiate the transportation 
of defense waste from each State in which defense 
waste is located to the Yucca Mountain site. 
‘‘(2) PENALTY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if the Secretary fails to initiate the 
transportation of defense waste in accordance 
with paragraph (1), the Secretary shall pay to 
VerDate Nov 24 2008 
02:38 May 14, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2372.IH
H2372
wwoods2 on PRODPC68 with BILLS
each State in which defense waste is located 
$1,000,000 for each day that the defense waste 
is located in the State until the date on which 
the Secretary initiates the transportation of the 
defense waste under paragraph (1). 
‘‘(B) MAXIMUM AMOUNT.—Subject to sub-
section (c)(2), for each calendar year, the Sec-
retary shall not pay to any State described in 
subparagraph (A) an amount greater than 
$100,000,000. 
‘‘(C) REQUIRED
USE
OF
PAYMENTS.—A 
State that receives amounts through a payment 
from the Secretary under this paragraph shall 
use the amounts— 
‘‘(i) to help offset the loss in commu-
nity investments that results from the con-
tinued storage of defense waste in the 
State; and 
‘‘(ii) to help mitigate the public health 
risks that result from the continued stor-
age of defense waste in the State. 
‘‘(f) DETERMINATION BY COMMISSION TO GRANT OR 
AMEND LICENSES.—In determining whether to grant or 
amend any license to operate any civilian nuclear power 
reactor, or high-level radioactive waste or spent fuel stor-
VerDate Nov 24 2008 
02:38 May 14, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2372.IH
H2372
wwoods2 on PRODPC68 with BILLS
age or treatment facility, under the Atomic Energy Act 
of 1954 (42 U.S.C. 2011 et seq.), the responsibilities of 
the President and the Secretary described in this subtitle 
shall be considered to be sufficient and independent 
grounds for the Commission to determine the existence of 
reasonable assurances that spent nuclear fuel and high- 
level radioactive waste would be disposed of safely and in 
a timely manner by the entity that is the subject of the 
determination. 
‘‘(g) EFFECTS.— 
‘‘(1) TERMINATION
OF
PAYMENT
REQUIRE-
MENT; ACCEPTANCE
OF
RETURNED
PAYMENTS.— 
With respect to an entity that receives a benefit 
under paragraph (1) or (2) of subsection (c)— 
‘‘(A) the entity shall not be considered by 
the Commission to be in violation under section 
302(b); and 
‘‘(B) the Commission shall not refuse to 
take any action with respect to a current or 
prospective license of the entity on the grounds 
that the entity has cancelled or rescinded a con-
tract to which the entity is a party as the result 
of— 
VerDate Nov 24 2008 
02:38 May 14, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2372.IH
H2372
wwoods2 on PRODPC68 with BILLS
‘‘(i) the failure by the entity to make 
a payment to the Secretary under section 
302; or 
‘‘(ii) the acceptance by the entity of 
amounts described in subsection (c)(2). 
‘‘(2) DISPOSITION OF WASTE.—Nothing in this 
section affects the responsibility of the Federal Gov-
ernment under any Act (including regulations) with 
respect to the ultimate disposition of high-level ra-
dioactive waste and spent nuclear fuel.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
prec. 10101) is amended by adding at the end of the items 
relating to subtitle E of title I the following: 
‘‘Sec. 162. Certification of commitment to Yucca Mountain site.’’. 
Æ 
VerDate Nov 24 2008 
02:38 May 14, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H2372.IH
H2372
wwoods2 on PRODPC68 with BILLS