Title: Removing Nuclear Waste from our Communities Act of 2017
Policy area: Energy

Summary:
Removing Nuclear Waste from our Communities Act of 2017
This bill amends the Nuclear Waste Policy Act of 1982 to authorize the Department of Energy (DOE) to enter into new contracts (or modify existing contracts) with the licensee of an interim consolidated storage facility in order to take title to and store in it either high-level radioactive waste or spent nuclear fuel of domestic origin.
The bill defines:
The bill assigns priority to storage of such waste and spent fuel located on sites without an operating nuclear reactor and with over 15 million residents within a 50-mile radius.
The bill makes appropriations targeted for the Nuclear Waste Fund available to pay for costs in connection with storage in an interim consolidated storage facility.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4442 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4442

    To amend the Nuclear Waste Policy Act of 1982 to authorize the 
Secretary of Energy to enter into contracts for the storage of certain 
  high-level radioactive waste and spent nuclear fuel, take title to 
 certain high-level radioactive waste and spent nuclear fuel, and make 
           certain expenditures from the Nuclear Waste Fund.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2017

  Mrs. Lowey introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Nuclear Waste Policy Act of 1982 to authorize the 
Secretary of Energy to enter into contracts for the storage of certain 
  high-level radioactive waste and spent nuclear fuel, take title to 
 certain high-level radioactive waste and spent nuclear fuel, and make 
           certain expenditures from the Nuclear Waste Fund.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Removing Nuclear Waste from our 
Communities Act of 2017''.

SEC. 2. DEFINITION OF INTERIM CONSOLIDATED STORAGE FACILITY.

    Section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101) 
is amended by adding at the end the following new paragraph:
            ``(35) The term `interim consolidated storage facility' 
        means a facility that possesses a specific license issued by 
        the Commission that authorizes storage of high-level 
        radioactive waste or spent nuclear fuel received from the 
        Secretary or from two or more persons that generate or hold 
        title to high-level radioactive waste or spent nuclear fuel 
        generated at a civilian nuclear power reactor.''.

SEC. 3. INTERIM CONSOLIDATED STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE 
              AND SPENT NUCLEAR FUEL.

    (a) Storage of Spent Nuclear Fuel.--Section 135(h) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10155(h)) is amended by striking 
``Notwithstanding any other provision of law'' and inserting ``Except 
as provided in section 302, and subtitle I of title I''.
    (b) Interim Consolidated Storage.--Title I of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10121 et seq.) is amended by adding at 
the end the following:

               ``Subtitle I--Interim Consolidated Storage

``SEC. 190. INTERIM CONSOLIDATED STORAGE.

    ``(a) In General.--The Secretary may enter into contracts for the 
storage of high-level radioactive waste or spent nuclear fuel with any 
person that holds a license for an interim consolidated storage 
facility.
    ``(b) Definition of High-Level Radioactive Waste.--For purposes of 
this subtitle and section 302, the term `high-level radioactive waste' 
includes Greater than Class C waste as defined in section 72.3 of title 
10, Code of Federal Regulations. Nothing in this section or section 191 
shall be interpreted to affect existing judicial interpretation of the 
term high-level radioactive waste or to require the disposal of Greater 
than Class C waste in a repository.

``SEC. 191. CONTRACTS.

    ``(a) In General.--The Secretary may enter into new contracts or 
modify existing contracts with any person who generates or holds title 
to high-level radioactive waste or spent nuclear fuel of domestic 
origin for the acceptance of title and subsequent storage of such waste 
or fuel at an interim consolidated storage facility, with priority for 
storage given to high-level radioactive waste and spent nuclear fuel 
located on sites without an operating nuclear reactor and with over 15 
million residents within a 50-mile radius.
    ``(b) Contract Terms.--A contract entered into or modified under 
this section shall provide that acceptance by the Secretary, and 
transfer of title under subsection (d), of any high-level radioactive 
waste or spent nuclear fuel for an interim consolidated storage 
facility satisfies the Secretary's responsibility under a contract 
entered into under section 302(a) to accept title to such waste or fuel 
for disposal, with respect to such accepted waste or fuel.
    ``(c) Limitation.--The Secretary shall not require a person to 
settle claims against the United States for the breach of a contract 
entered into under section 302(a) for the disposal of high-level 
radioactive waste or spent nuclear fuel as a condition precedent of 
entering into or modifying a contract under this section.
    ``(d) Title to Material.--Delivery, and acceptance by the 
Secretary, of any high-level radioactive waste or spent nuclear fuel 
for an interim consolidated storage facility shall constitute a 
transfer to the Secretary of title to such waste or fuel.''.
    (c) Nuclear Waste Fund.--Section 302(d) of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10222(d)) is amended--
            (1) in paragraph (4), by striking ``in a monitored, 
        retrievable storage site'' and inserting ``in an interim 
        consolidated storage facility or monitored retrievable storage 
        site,'';
            (2) in paragraph (5)--
                    (A) by striking ``a monitored, retrievable storage 
                site'' and inserting ``an interim consolidated storage 
                facility site, a monitored retrievable storage site,'';
                    (B) by striking ``such repository, monitored, 
                retrievable storage facility'' and inserting ``such 
                repository, interim consolidated storage facility, 
                monitored retrievable storage facility,''; and
                    (C) by striking ``; and'' and inserting a 
                semicolon;
            (3) by redesignating paragraph (6) as paragraph (7);
            (4) by inserting after paragraph (5) the following:
            ``(6) the fees and costs in connection with the storage of 
        high-level radioactive waste or spent nuclear fuel in an 
        interim consolidated storage facility; and''; and
            (5) by inserting ``For purposes of the preceding sentence, 
        fees and costs described in paragraph (6) shall not be 
        considered amounts for the construction or expansion of any 
        facility.'' after ``this or subsequent legislation.''.
    (d) Appropriations From the Waste Fund.--Section 302(e)(2) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(2)) is amended--
            (1) by inserting ``(A)'' before ``The Secretary shall 
        submit''; and
            (2) by adding at the end the following:
            ``(B) Notwithstanding subparagraph (A) and subject to 
        subparagraph (C), necessary amounts shall be available to the 
        Secretary from the Waste Fund without additional appropriations 
        to pay for the following:
                    ``(i) Costs described in subsection (d)(4) in 
                connection with storage in an interim consolidated 
                storage facility.
                    ``(ii) Costs described in subsection (d)(5) in 
                connection with an interim consolidated storage 
                facility.
                    ``(iii) Fees and costs described in subsection 
                (d)(6).
            ``(C) The Secretary shall not expend, on fees for dry modes 
        of storage of high-level radioactive waste or spent nuclear 
        fuel, amounts totaling more than the cumulative amount of 
        interest generated by the Waste Fund each fiscal year, 
        beginning in fiscal year 2020.''.
    (e) Technical Amendments.--
            (1) Section 302(d)(1) of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10222(d)(1)) is amended by striking 
        ``monitored, retrievable storage facility'' and inserting 
        ``monitored retrievable storage facility,''.
            (2) Section 302(e)(5) of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10222(e)(5)) is amended by striking ``under 
        such Act'' and inserting ``under such chapter''.
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