I 
108TH CONGRESS 
2D SESSION 
H. R. 4627
To redirect the Nuclear Waste Fund established under the Nuclear Waste 
Policy Act of 1982 into research, development, and utilization of risk-
decreasing technologies for the onsite storage and eventual reduction 
of radiation levels of nuclear waste, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 21, 2004
Ms. BERKLEY introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Science and Ways and Means, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To redirect the Nuclear Waste Fund established under the 
Nuclear Waste Policy Act of 1982 into research, develop-
ment, and utilization of risk-decreasing technologies for 
the onsite storage and eventual reduction of radiation 
levels of nuclear waste, 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 ‘‘21st Century Science 
for Nuclear Waste Disposal Act of 2004’’.
SEC. 2. FINDINGS. 
The Congress makes the following findings: 
(1) Under the Nuclear Waste Policy Act of 
1982, the storage of high-level radioactive waste, 
transuranic waste, and spent nuclear fuel is to be lo-
cated at a central repository. 
(2) The Department of Energy estimates that 
completing the Yucca Mountain central repository 
project will cost $58,000,000,000, making the 
project one of the most costly public works projects 
in the world. 
(3) Numerous geological and hydrological condi-
tions found at Yucca Mountain support the conten-
tion that Yucca Mountain is not a suitable site for 
a central repository. 
(4) Public health and safety regulations have 
consistently been altered in order to make Yucca 
Mountain appear to be a feasible option. 
(5) Storing high-level radioactive waste in a 
central repository at Yucca Mountain would require 
the transportation of more than 70,000 tons of nu-
clear waste through 43 States, and through hun-
dreds of cities and towns. Fifty million Americans 
live within one half mile of the shipping routes, cre-
ating an unacceptable risk of catastrophic radiation 
exposure.
(6) Current nuclear power reactor sites can 
safely store high-level radioactive waste for another 
100 years (according to the Nuclear Regulatory 
Commission). By implementing the most advanced 
existing technology, nuclear power reactor sites 
could store waste for an additional 100 years, thus 
eliminating the need to immediately site a central re-
pository. 
(7) The United States can create solutions to 
the long-term problems of storing high-level radio-
active waste by exploring emerging technologies with 
the potential to neutralize highly radioactive waste. 
(8) The research, development, and utilization 
in the United States of risk-decreasing technologies 
for the safe disposal of nuclear waste is not only fea-
sible, but it is our best alternative to storing high-
level nuclear waste at a central repository. 
(9) The Nuclear Waste Fund has accumulated 
more than $10,000,000,000 to store high-level nu-
clear radioactive waste in a central repository, a 
failed concept. Given the scientific evidence against 
the Yucca Mountain site, and the health and safety 
problems inherent in the concept of a central high-
level radioactive waste repository, the Nuclear Waste 
Fund should be directed toward the research, devel-
opment, and utilization of these alternative waste 
storage and disposal technologies to better protect 
our environment. 
(10) The insurmountable problems associated 
with storing nuclear waste in a central repository re-
quires the Congress to terminate the Yucca Moun-
tain Project and to immediately launch a focused re-
search and development program to develop safe nu-
clear waste disposal technologies. 
SEC. 3. NUCLEAR WASTE FUND. 
Section 302 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10222) is amended—
(1) in subsection (a)—
(A) by striking ‘‘CONTRACTS.—(1) In the’’ 
and all that follows through ‘‘described in sub-
section (d).’’ and inserting ‘‘PAYMENTS.—(1) 
The Secretary shall provide for payments into 
the Nuclear Waste Fund of fees pursuant to 
paragraph (2) for use as provided in this sec-
tion.’’; 
(B) by striking paragraphs (3), (5), and 
(6) and redesignating paragraph (4) as para-
graph (3); and 
(C) in paragraph (3), as so redesignated 
by subparagraph (B) of this paragraph—
(i) by striking ‘‘paragraphs (2) and 
(3) above’’ and inserting ‘‘paragraph (2)’’; 
(ii) by striking ‘‘offset the costs as de-
fined in subsection (d) herein’’ and insert-
ing ‘‘support the uses described in sub-
section (c)’’; 
(iii) by striking ‘‘recover the costs in-
curred’’ and all that follows through ‘‘full 
cost recovery.’’ and inserting ‘‘support the 
uses described in subsection (c), the Sec-
retary shall propose an adjustment to the 
fee to fully support those uses. The Sec-
retary shall also annually adjust the fee for 
inflation.’’; and 
(iv) by striking ‘‘this proposal for 
such an adjustment to Congress’’ and all 
that follows through ‘‘the Energy Policy 
and Conservation Act’’ and inserting ‘‘pro-
posals for fee adjustment to Congress’’; 
(2) by striking subsections (b) and (d); 
(3) by redesignating subsections (c) and (e) as 
subsections (b) and (d), respectively; 
(4) in subsection (b), as so redesignated by 
paragraph (3) of this section—
(A) by striking ‘‘, (b), and (e)’’ and insert-
ing ‘‘and (d)’’ in paragraph (1); 
(B) by inserting ‘‘and’’ at the end to para-
graph (1); 
(C) by striking ‘‘; and’’ at the end of para-
graph (2) and inserting a period; and 
(D) by striking paragraph (3); 
(5) by inserting after subsection (b), as so re-
designated by paragraph (3) of this section, the fol-
lowing new subsection: 
‘‘(c) USES OF NUCLEAR WASTE FUND.—The Nu-
clear Waste Fund shall be available to the Secretary only 
to pay the cost of research, development, and utilization 
in the United States of risk-decreasing technologies, with 
an emphasis on technologies that—
‘‘(1) increase the length of time that nuclear 
waste can be safely stored at or near—
‘‘(A) in the case of waste existing on the 
date of enactment of the 21st Century Science 
for Nuclear Waste Disposal Act of 2004, the 
site where the waste was located on such date 
of enactment; and 
‘‘(B) in the case of waste not existing on 
the date of enactment of the 21st Century
(5) by repealing title V. 
(b) 
CONFORMING
AMENDMENTS.—The 
Nuclear 
Waste Policy Act of 1982 is amended—
(1) in section 2—
(A) by striking paragraphs (1), (2), (4), 
(5), (8), (10), (11), (13), (14), (15), (17), (19), 
(21), (22), (25), (26), (27), (28), (30), (31), 
(32), (33), and (34); 
(B) by redesignating paragraphs (3), (6), 
(7), (9), (12), (16), (18), (20), (23), (24), and 
(29) as paragraphs (1), (2), (3), (4), (5), (6), 
(7), (10), (11), (12), and (13) respectively; and 
(C) by inserting after paragraph (7), as so 
redesignated by subparagraph (B) of this para-
graph, the following new paragraphs: 
‘‘(8) RESEARCH.—The term ‘research’ includes 
both basic and applied research. 
‘‘(9) RISK-DECREASING
TECHNOLOGIES.—The 
term ‘risk- decreasing technologies’ means tech-
nologies that reduce the adverse impact nuclear 
waste has on human and ecological health and well-
being through reduction in radiation levels and other 
methods.’’; and 
(2) in section 8—
(A) by striking ‘‘subsection (c)’’ and in-
serting ‘‘subsection (b)’’ in subsection (a); 
(B) by striking subsection (b); and 
(C) by redesignating subsection (c) as sub-
section (b). 
(c) TABLE OF CONTENTS AMENDMENTS.—The items 
in the table of contents of the Nuclear Waste Policy Act 
of 1982 relating to titles I through V are repealed, and 
the following items are inserted after the item relating to 
section 9:
‘‘Sec. 10. Financial arrangements for site closure. 
‘‘Sec. 11. Nuclear Waste Fund. 
‘‘Sec. 12. Nuclear Regulatory Commission training authorization.’’.
SEC. 5. REPEAL OF SPECIAL RULES FOR NUCLEAR DECOM-
MISSIONING COSTS. 
(a) IN GENERAL.—Section 468A of the Internal Rev-
enue Code of 1986 is hereby repealed. 
(b) CONFORMING AMENDMENTS.—
(1) Subparagraph (B) of section 172(f)(1) of 
such Code is amended by striking ‘‘or 468A(a)’’. 
(2) The table of sections for subpart C of part 
II of subchapter E of chapter 1 of such Code is 
amended by striking the item relating to section 
468A.
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act.
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