S.Amdt. 3428Senate108th Congress (2003-2005)

Of a clarifying nature.

What it does: Replaces “by rule in consultation” through page 385, line 21 with new text
Submitted June 7, 2004

What it changes

1 change to S. 2400

Replaces text
  1. Replaces “by rule in consultation” through page 385, line 21 with new text

    ReplacesPage 384, line 15 through page 385, line 21Printed page

    Struck: by rule in consultation …

    Inserted: by rule approved by the Nuclear Regulatory Commission;

    Inserted: (2) has had highly radioactive radionuclides removed to the maximum extent practical in accordance with the Nuclear Regulatory Commission-approved criteria; and

    Inserted: (3) in the case of material derived from the storage tanks, is disposed of in a facility (including a tank) within the State pursuant to a State-approved closure plan or a State-issued permit, authority for the approval or issuance of which is conferred on the State outside of this Act.

    Inserted: (b) Inapplicability to Certain Materials.--Subsection (a) shall not apply to any material otherwise covered by that subsection that is transported from the State.

    Inserted: (c) Scope of Authority To Carry Out Actions.--The Department of Energy may implement any action authorized--

    Inserted: (1) by a State-approved closure plan or State-issued permit in existence on the date of enactment of this section; or

    Inserted: (2) by a closure plan approved by the State or a permit issued by the State during the pendency of the rulemaking provided for in subsection (a).

    Inserted: Any such action may be completed pursuant to the terms of the closure plan or the State-issued permit notwithstanding the final criteria adopted by the rulemaking pursuant to subsection (a).

    Inserted: (d) State Defined.--In this section, the term "State" means the State of South Carolina.

    Inserted: (e) Construction.--(1) Nothing in this section shall affect, alter, or modify the full implementation of--

    Inserted: (A) the settlement agreement entered into by the United States with the State of Idaho in the actions captioned Public Service Co. of Colorado v. Batt, Civil No. 91-0035-S-EJL, and United States v. Batt, Civil No. 91-0054-S-EJL, in the United States District Court for the District of Idaho, and the consent order of the United States District Court for the District of Idaho, dated October 17, 1995, that effectuates the settlement agreement;

    Inserted: (B) the Idaho National Engineering Laboratory Federal Facility Agreement and Consent Order; or

    Show 17 more inserted paragraphs

    Inserted: (C) the Hanford Federal Facility Agreement and Consent Order.

    Inserted: (2) Nothing in this section establishes any precedent or is binding on the State of Idaho, the State of Washington, the State of Oregon or any other State for the management, storage, treatment, and disposition of radioactive and hazardous materials.

    Inserted: national academy of sciences study

    Inserted: (a) Review by National Research Council.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Energy shall enter into a contract with the National Research Council of the National Academies to conduct a study of the necessary technologies and research gaps in the Department of Energy's program to remove high-level radioactive waste from the storage tanks at the Department's sites in South Carolina, Washington and Idaho.

    Inserted: (b) Matters To Be Addressed in Study.--The study shall address the following:

    Inserted: (1) The quantities and characteristics of waste in each high-level waste storage tank described in paragraph (a), including data uncertainties;

    Inserted: (2) The technologies by which high-level radioactive waste is currently being removed from the tanks for final disposal under the Nuclear Waste Policy Act;

    Inserted: (3) Technologies currently available but not in use in removing high-level radioactive waste from the tanks;

    Inserted: (4) Any technology gaps that exist to effect the removal of high-level radioactive waste from the tanks;

    Inserted: (5) Other matters that in the judgment of the National Research Council directly relate to the focus of this study.

    Inserted: (c) Time Limitation.--The National Research Council shall conduct the review over a one year period beginning upon execution of the contract described in subsection (a).

    Inserted: (d) Reports.--

    Inserted: (1) The National Research Council shall submit its findings, conclusions and recommendations to the Secretary of Energy and to the relevant Committees of jurisdiction of the United States Senate and House of Representatives.

    Inserted: (2) The final report shall be submitted in unclassified form with classified annexes as necessary.

    Inserted: (e) Provision of Information.--The Secretary of Energy shall make available to the National Research Council all of the information necessary to complete its report in a timely manner.

    Inserted: (f) Expedited Processing of Security Clearances.--For purposes of facilitating the commencement of the study under this section, the Secretary of Energy shall expedite to the fullest degree possible the processing of security clearances that are necessary for the National Research Council to conduct the study.

    Inserted: (g) Funding.--Of the amount authorized to be appropriated in section 3102(a)(1) for environmental management for defense site acceleration completion, $750,000 shall be available for the study authorized under this section.

    Original wording

    On page 384, line 15, strike “by rule in consultation” and all that follows through page 385, line 21, and insert “by rule approved by the Nuclear Regulatory Commission;

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

On page 384, line 15, strike “by rule in consultation” and all that follows through page 385, line 21, and insert “by rule approved by the Nuclear Regulatory Commission;

(2) has had highly radioactive radionuclides removed to the maximum extent practical in accordance with the Nuclear Regulatory Commission-approved criteria; and

(3) in the case of material derived from the storage tanks, is disposed of in a facility (including a tank) within the State pursuant to a State-approved closure plan or a State-issued permit, authority for the approval or issuance of which is conferred on the State outside of this Act.

(b) Inapplicability to Certain Materials.--Subsection (a) shall not apply to any material otherwise covered by that subsection that is transported from the State.

(c) Scope of Authority To Carry Out Actions.--The Department of Energy may implement any action authorized--

(1) by a State-approved closure plan or State-issued permit in existence on the date of enactment of this section; or

(2) by a closure plan approved by the State or a permit issued by the State during the pendency of the rulemaking provided for in subsection (a).

Any such action may be completed pursuant to the terms of the closure plan or the State-issued permit notwithstanding the final criteria adopted by the rulemaking pursuant to subsection (a).

(d) State Defined.--In this section, the term “State” means the State of South Carolina.

(e) Construction.--(1) Nothing in this section shall affect, alter, or modify the full implementation of--

(A) the settlement agreement entered into by the United States with the State of Idaho in the actions captioned Public Service Co. of Colorado v. Batt, Civil No. 91-0035-S-EJL, and United States v. Batt, Civil No. 91-0054-S-EJL, in the United States District Court for the District of Idaho, and the consent order of the United States District Court for the District of Idaho, dated October 17, 1995, that effectuates the settlement agreement;

(B) the Idaho National Engineering Laboratory Federal Facility Agreement and Consent Order; or

(C) the Hanford Federal Facility Agreement and Consent Order.

(2) Nothing in this section establishes any precedent or is binding on the State of Idaho, the State of Washington, the State of Oregon or any other State for the management, storage, treatment, and disposition of radioactive and hazardous materials.

national academy of sciences study

(a) Review by National Research Council.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Energy shall enter into a contract with the National Research Council of the National Academies to conduct a study of the necessary technologies and research gaps in the Department of Energy's program to remove high-level radioactive waste from the storage tanks at the Department's sites in South Carolina, Washington and Idaho.

(b) Matters To Be Addressed in Study.--The study shall address the following:

(1) The quantities and characteristics of waste in each high-level waste storage tank described in paragraph (a), including data uncertainties;

(2) The technologies by which high-level radioactive waste is currently being removed from the tanks for final disposal under the Nuclear Waste Policy Act;

(3) Technologies currently available but not in use in removing high-level radioactive waste from the tanks;

(4) Any technology gaps that exist to effect the removal of high-level radioactive waste from the tanks;

(5) Other matters that in the judgment of the National Research Council directly relate to the focus of this study.

(c) Time Limitation.--The National Research Council shall conduct the review over a one year period beginning upon execution of the contract described in subsection (a).

(d) Reports.--

(1) The National Research Council shall submit its findings, conclusions and recommendations to the Secretary of Energy and to the relevant Committees of jurisdiction of the United States Senate and House of Representatives.

(2) The final report shall be submitted in unclassified form with classified annexes as necessary.

(e) Provision of Information.--The Secretary of Energy shall make available to the National Research Council all of the information necessary to complete its report in a timely manner.

(f) Expedited Processing of Security Clearances.--For purposes of facilitating the commencement of the study under this section, the Secretary of Energy shall expedite to the fullest degree possible the processing of security clearances that are necessary for the National Research Council to conduct the study.

(g) Funding.--Of the amount authorized to be appropriated in section 3102(a)(1) for environmental management for defense site acceleration completion, $750,000 shall be available for the study authorized under this section.

Legislative Activity

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Senate amendment proposed (on the floor): Amendment SA 3428 proposed by Senator Graham SC.(consideration: CR S6847-6849)

June 16, 2004

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Floor

Senate amendment proposed (on the floor): Amendment SA 3428 proposed by Senator Graham SC.(consideration: CR S6847-6849)

June 16, 2004

Floor

Senate amendment agreed to: Amendment SA 3428 as modified agreed to in Senate by Voice Vote.(text as modified: CR S6847-6848)

June 16, 2004

Floor

Amendment SA 3428 proposed by Senator Graham SC. (consideration: CR S6847-6849) Of a clarifying nature.

June 16, 2004

Floor

Amendment SA 3428 as modified agreed to in Senate by Voice Vote. (text as modified: CR S6847-6848)

June 16, 2004

Floor

Senate amendment submitted

June 7, 2004