I 
117TH CONGRESS 
1ST SESSION H. R. 2097 
To direct the Secretary of Energy to establish a program for the interim 
storage of high-level radioactive waste and spent nuclear fuel, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 19, 2021 
Ms. MATSUI (for herself, Mr. LEVIN of California, Mr. PETERS, Ms. PINGREE, 
Mr. KIM of New Jersey, and Mr. CARBAJAL) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To direct the Secretary of Energy to establish a program 
for the interim storage of high-level radioactive waste 
and spent nuclear fuel, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Storage and Transpor-
tation Of Residual and Excess Nuclear Fuel Act of 2021’’, 
or the ‘‘STORE Nuclear Fuel Act of 2021’’. 
VerDate Sep 11 2014 
22:01 May 19, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2097.IH
H2097
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. INTERIM STORAGE. 
(a) IN GENERAL.—Title I of the Nuclear Waste Pol-
icy Act of 1982 (42 U.S.C. 10121 et seq.) is amended 
by adding at the end the following: 
‘‘Subtitle I—Interim Storage 
‘‘SEC. 190. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) CONTRACT HOLDER.—The term ‘contract 
holder’ means any person who— 
‘‘(A) generates or holds title to spent nu-
clear fuel and high-level radioactive waste gen-
erated at a civilian nuclear power reactor; and 
‘‘(B) has entered into a contract for the 
disposal of spent nuclear fuel and high-level ra-
dioactive waste under section 302(a). 
‘‘(2) EMERGENCY DELIVERY.— 
‘‘(A) IN GENERAL.—The term ‘emergency 
delivery’ means spent nuclear fuel and high- 
level radioactive waste accepted by the Sec-
retary for storage prior to the date provided in 
the contractual delivery commitment schedule of 
the standard contract for disposal of spent nu-
clear fuel and radioactive waste pursuant to 
section 302(a). 
‘‘(B) INCLUSION.—The term ‘emergency 
delivery’ may include, at the discretion of the 
VerDate Sep 11 2014 
22:01 May 19, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2097.IH
H2097
kjohnson on DSK79L0C42PROD with BILLS
Secretary, spent nuclear fuel and high-level ra-
dioactive waste generated by an atomic energy 
defense activity that is required to be removed 
from a Department of Energy facility— 
‘‘(i) pursuant to a compliance agree-
ment; or 
‘‘(ii) to eliminate an imminent and se-
rious threat to the health and safety of the 
public or the common defense and security. 
‘‘(3) PRIORITY
WASTE.—The term ‘priority 
waste’ means— 
‘‘(A) any emergency delivery; and 
‘‘(B) spent nuclear fuel or high-level radio-
active waste from a civilian nuclear power reac-
tor that has been permanently shut down. 
‘‘(4) STORAGE
FACILITY.—The term ‘storage 
facility’ means a facility for the consolidated storage 
of spent nuclear fuel and high-level radioactive waste 
from multiple contract holders or the Secretary 
pending the disposal of the spent nuclear fuel and 
high-level radioactive waste in a repository. 
‘‘SEC. 191. PROGRAM FOR STORAGE FACILITIES. 
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
shall establish a program under which the Secretary 
may— 
VerDate Sep 11 2014 
22:01 May 19, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2097.IH
H2097
kjohnson on DSK79L0C42PROD with BILLS
‘‘(1) site, construct, and operate one or more 
storage facilities licensed by the Commission under 
the Atomic Energy Act of 1954; and 
‘‘(2) store, pursuant to a storage contract, high- 
level radioactive waste or spent nuclear fuel at a 
storage facility for which a non-Federal entity holds 
a license issued by the Commission under such Act. 
‘‘(b) INTERIM
STORAGE
AGREEMENTS
AUTHOR-
IZED.— 
‘‘(1) IN GENERAL.—The Secretary may enter 
into an agreement with any contract holder for ac-
ceptance of title pursuant to section 302(a), subse-
quent transportation, and interim storage of high- 
level radioactive waste or spent nuclear fuel (includ-
ing to expedite such acceptance of title, transpor-
tation, and storage of such waste or spent fuel from 
facilities that have ceased commercial operation) at 
a storage facility under this section. 
‘‘(2) PRIORITY WASTE.—In entering into agree-
ments under paragraph (1), the Secretary shall 
prioritize acceptance of priority waste. 
‘‘(c) PRIORITY.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall prioritize storage au-
thorized under subsection (a)(2). 
VerDate Sep 11 2014 
22:01 May 19, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2097.IH
H2097
kjohnson on DSK79L0C42PROD with BILLS
‘‘(2) EXCEPTION.— 
‘‘(A) 
DETERMINATION.—Paragraph 
(1) 
shall not apply if the Secretary determines that 
it will be faster and less expensive to site, con-
struct, and operate a facility authorized under 
subsection (a)(1), in comparison with a facility 
authorized under subsection (a)(2). 
‘‘(B) NOTIFICATION.—Not later than 30 
days after the Secretary makes a determination 
described in subparagraph (A), the Secretary 
shall submit to Congress written notification of 
such determination. 
‘‘(d) REQUEST FOR PROPOSALS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this subtitle, the Sec-
retary shall issue a request for proposals for storage 
authorized under subsection (a)(2)— 
‘‘(A) to obtain any license from the Com-
mission and any other Federal or State entity 
that is necessary for the construction of one or 
more storage facilities; 
‘‘(B) to safely transport spent nuclear fuel 
and high-level radioactive waste, as applicable, 
to such storage facilities; and 
VerDate Sep 11 2014 
22:01 May 19, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2097.IH
H2097
kjohnson on DSK79L0C42PROD with BILLS
‘‘(C) to safely store spent nuclear fuel and 
high-level radioactive waste, as applicable, at 
such storage facilities, pending the construction 
and operation of a repository. 
‘‘(2) GUIDELINES.— 
‘‘(A) IN GENERAL.—The request for pro-
posals under paragraph (1) shall include gen-
eral guidelines for storage facilities consistent 
with each requirement of section 112(a) that 
the Secretary determines to be applicable to 
storage under this section. 
‘‘(B) REVISIONS.—The Secretary may re-
vise the general guidelines as necessary, con-
sistent with this section. 
‘‘(e) REVIEW OF PROPOSALS.—The Secretary shall 
review each proposal submitted pursuant to subsection (d) 
to evaluate— 
‘‘(1) the extent to which the applicable States, 
affected units of local government, and affected In-
dian tribes support the proposal; 
‘‘(2) the likelihood that the proposed site for 
the storage facility is suitable for site evaluation 
under the guidelines included under subsection 
(d)(2); 
VerDate Sep 11 2014 
22:01 May 19, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2097.IH
H2097
kjohnson on DSK79L0C42PROD with BILLS
‘‘(3) a reasonable comparative evaluation of the 
proposed site and other proposed sites; 
‘‘(4) the extent to which spent nuclear fuel and 
high-level radioactive waste are, or are planned to 
be, stored or disposed of within the State; 
‘‘(5) the extent to which the proposal would— 
‘‘(A) enhance the reliability and flexibility 
of the system for the disposal of spent nuclear 
fuel and high-level radioactive waste, including 
co-location with a proposed repository; and 
‘‘(B) minimize the effects on the public of 
transportation and handling of spent nuclear 
fuel and high-level radioactive waste; 
‘‘(6) potential conflicts with— 
‘‘(A) any compliance agreement requiring 
removal of spent nuclear fuel and high-level ra-
dioactive waste from a site; or 
‘‘(B) a statutory prohibition on the storage 
or disposal of spent nuclear fuel and high-level 
radioactive waste at a site; and 
‘‘(7) any other criteria, including criteria relat-
ing to technical or safety specifications, that the 
Secretary determines to be appropriate. 
‘‘(f) SITE SELECTION.— 
VerDate Sep 11 2014 
22:01 May 19, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2097.IH
H2097
kjohnson on DSK79L0C42PROD with BILLS
‘‘(1) DETERMINATION OF SUITABILITY.—After 
conducting a review under subsection (e) and any 
additional site investigation that the Secretary deter-
mines to be appropriate, the Secretary shall deter-
mine whether a site is suitable for site evaluation 
under the guidelines included under subsection 
(d)(2). 
‘‘(2) SELECTION OF SITE FOR EVALUATION.— 
From the sites determined to be suitable for site 
evaluation under paragraph (1), the Secretary shall 
select at least 1 site for site evaluation, giving pri-
ority to sites that have been proposed to be co-lo-
cated with a repository, after— 
‘‘(A) holding a public hearing in the vicin-
ity of each site; and 
‘‘(B) notifying Congress. 
‘‘(3) COOPERATIVE AGREEMENT.—On selection 
of a site for evaluation under paragraph (2), the 
Secretary may enter into a cooperative agreement 
with the State, affected units of local government, 
and affected Indian tribes, as applicable, that in-
cludes— 
‘‘(A) terms of financial and technical as-
sistance to enable each applicable unit of gov-
ernment to monitor, review, evaluate, comment 
VerDate Sep 11 2014 
22:01 May 19, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2097.IH
H2097
kjohnson on DSK79L0C42PROD with BILLS
on, obtain information on, make recommenda-
tions on, and mitigate any effects from, site 
evaluation activities; and 
‘‘(B) any other term that the Secretary de-
termines to be appropriate. 
‘‘(4) CONSENT-BASED APPROVAL.— 
‘‘(A) IN GENERAL.—If the Secretary deter-
mines, based on site evaluation under this sub-
section, that a site is suitable for developing a 
storage facility, the Secretary may select the 
site for developing such a facility if the Sec-
retary enters into a consent agreement with— 
‘‘(i) the State in which the site is pro-
posed to be located; 
‘‘(ii) each affected unit of local gov-
ernment; and 
‘‘(iii) any affected Indian tribe. 
‘‘(B) BINDING EFFECT.—A consent agree-
ment entered into under subparagraph (A)— 
‘‘(i) shall be binding on the parties; 
and 
‘‘(ii) shall not be amended or revoked 
except by mutual agreement of the par-
ties.’’. 
VerDate Sep 11 2014 
22:01 May 19, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2097.IH
H2097
kjohnson on DSK79L0C42PROD with BILLS
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101 note) is amended by adding after the item relating 
to section 180 the following: 
‘‘SUBTITLE I—INTERIM STORAGE 
‘‘Sec. 190. Definitions. 
‘‘Sec. 191. Program for storage facilities.’’. 
SEC. 3. LIMITATION ON COLLECTION OF FEES. 
Section 302(a)(4) of the Nuclear Waste Policy Act 
of 1982 (42 U.S.C. 10222(a)(4)) is amended— 
(1) in the first sentence, by striking ‘‘(4) Not 
later than’’ and inserting the following: 
‘‘(4) COLLECTION AND PAYMENT OF FEES.— 
‘‘(A) IN GENERAL.—Not later than’’; and 
(2) by adding at the end the following: 
‘‘(B) LIMITATION
ON
COLLECTION.—The 
Secretary may not collect a fee established 
under paragraph (2), including a fee established 
under paragraph (2) and adjusted pursuant to 
subparagraph (A), until the date on which the 
Commission issues a final decision approving or 
disapproving the issuance of a construction au-
thorization for a repository under section 
114(d).’’. 
VerDate Sep 11 2014 
22:01 May 19, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2097.IH
H2097
kjohnson on DSK79L0C42PROD with BILLS