S.Amdt. 1632

SA 1632. Mr. GRAHAM submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 571, strike lines 12 through 18, and insert the following:

SEC. 3104. CERTIFICATION OF SELECTION OF YUCCA MOUNTAIN SITE AND AUTHORIZATION OF APPROPRIATIONS FOR DEFENSE NUCLEAR WASTE DISPOSAL OR STATES STORING DEFENSE-RELATED NUCLEAR WASTE.

(a) Certification Required.--Not later than 30 days after the date of the enactment of this Act, the President shall submit to the congressional defense committees and publish in the Federal Register a certification that the Yucca Mountain site has been selected as the site for the development of a repository for the disposal of high-level radioactive waste and spent nuclear fuel in accordance with section 160 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10172).

(b) Contingent Authorization of Appropriations for Defense Nuclear Waste Disposal.--If the President makes the certification required by subsection (a), there are authorized to be appropriated $98,400,000 for fiscal year 2010 to the Department of Energy for defense nuclear waste disposal for payment to the Nuclear Waste Fund established in section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)).

(c) Contingent Authorization of Appropriations for States Storing Defense-Related Nuclear Waste to Be Transferred to the Yucca Mountain Site.--If the President does not make the certification required by subsection (a) or if the President revokes that certification after the date referred to in that subsection, there are authorized to be appropriated $98,400,000 for fiscal year 2010 to States that are storing defense-related nuclear waste to be transferred to the Yucca Mountain site, Nevada, to be used in accordance with subsection (d).

(d) Use of Funds.--A State that receives funds pursuant to the authorization of appropriations under subsection (c) shall use such funds--

(1) to help offset the loss in community investments that results from the continued storage of defense-related nuclear waste in the State; and

(2) to help mitigate the public health risks that result from the continued storage of such waste in the State.

(e) Defense-Related Nuclear Waste Defined.--In this section, the term “defense-related nuclear waste” means--

(1) transuranic waste;

(2) high-level radioactive waste;

(3) spent nuclear fuel;

(4) special nuclear materials;

(5) greater-than-class C, low-level radioactive waste; and

(6) any other waste arising from the production, storage, or maintenance of nuclear weapons (including components of nuclear weapons).