S.Amdt. 1443

SA 1443. Mr. VOINOVICH submitted an amendment intended to be proposed by him to the bill S. 14, to enhance the energy security of the United States, and for other purposes; which was ordered to lie on the table; as follows:

On page 150, between liens 14 and 15, insert the following:

SEC. 44____. FERNALD URANIUM PROCESSING FACILITY OF THE DEPARTMENT OF ENERGY.

(a) Definitions.--In this section:

(1) Byproduct material.--The term “byproduct material” has the meaning given the term in section 11e.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)).

(2) Commission.--The term “Commission” means the Nuclear Regulatory Commission.

(3) Secretary.--The term “Secretary” means the Secretary of Energy.

(b) Fernald Facility Material.--Notwithstanding any other provision of law, the material contained in concrete silos at the Fernald uranium processing facility managed, as of the date of enactment of this Act, by the Department of Energy, shall be considered to be byproduct material.

(c) Disposal.--With respect to the material described in subsection (b)--

(1) the Secretary may dispose of the material in a facility under the jurisdiction of the Commission or a State; and

(2) on disposal of the material in a facility under paragraph (1), the material shall be regulated by the Commission or the State with jurisdiction over the facility.

(d) Jurisdiction and Applicable Authority.--Material described in subsection (b)--

(1) shall remain subject to the jurisdiction of the Secretary until such time as the material is received at a commercial disposal facility that is licensed by the Commission or a State; and

(2) after being received at a facility described in paragraph (1), shall be subject to the health and safety requirements of the Commission or State, as the case may be, with jurisdiction over the facility.