S.Amdt. 2309

SA 2309. Mrs. FISCHER submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 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:

At the appropriate place in title XXXI, insert the
following:

SEC. 31___. AUTHORIZATION TO WAIVE REGULATORY RESTRICTIONS
INHIBITING STOCKPILE STEWARDSHIP.

(a) Authorization.--
(1) In general.--The Secretary of Energy may exempt the
National Nuclear Security

[[Page S4652]]

Administration from the applicability of any regulation of
the Environmental Protection Agency associated with providing
for the safe storage, processing, transportation, and
disposal of hazardous waste (including radioactive waste)
resulting from nuclear materials production, weapons
production and surveillance programs, and naval nuclear
propulsion programs of the National Nuclear Security
Administration if the Administrator for Nuclear Security
determines and reports to the Secretary that the
implementation of the regulation could inhibit the capability
of the Administration or would otherwise impact the authority
of the Administration under section 91 of the Atomic Energy
Act of 1954 (42 U.S.C. 2121).
(2) Prohibition on delegation.--The Secretary may not
delegate the exemption authority under paragraph (1).
(b) Duration, Renewal, and Limitation.--
(1) Duration.--Except as provided by paragraph (2), an
exemption issued by the Secretary under subsection (a) shall
be in effect for not more than 365 days from the date of
issuance of the exemption.
(2) Renewal.--
(A) In general.--Subject to subparagraph (B), upon the
recommendation of the Administrator for Nuclear Security, the
Secretary may renew an exemption issued under subsection (a)
for an additional 365 days.
(B) Limitation.--The Secretary may renew an exemption for a
specific regulation not more than twice.
(C) Rescission of exemptions.-- An exemption issued by the
Secretary under subsection (a) may be rescinded if the
regulation of the Environmental Protection Agency for which
such exemption was obtained is amended by the Administrator
of the Environmental Protection Agency with the consultation
and advice of the Secretary of Energy.
(c) Renewal Report.--Not later than 60 days after renewing
under subsection (b)(2) an exemption issued under subsection
(a), the Secretary of Energy, acting through the
Administrator for Nuclear Security, shall submit to the
congressional defense committees a report describing the
following:
(1) The rationale for renewing the exemption.
(2) Steps the Secretary or the Administrator for Nuclear
Security can or will take to reduce the necessity for such an
exemption in the future, including working with appropriate
Federal agencies to ensure that activities required to ensure
the safety, security, and effectiveness of the nuclear
weapons stockpile are not adversely affected through
rulemaking processes.
(3) As applicable, any statutory relief necessary to ensure
regulatory requirements do not adversely affect the
capability of the National Nuclear Security Administration to
ensure the safety, security, and effectiveness of the nuclear
weapons stockpile without the need to return to explosive
nuclear testing.
(d) Memorandum of Agreement.--The Administrator of the
Environmental Protection Agency and the Secretary of Energy
shall enter into a memorandum of agreement to ensure fulsome
cooperation and consideration of the impact of regulatory
impacts on the unique missions of the National Nuclear
Security Administration to avoid impacts to the military
application of atomic energy while--
(1) achieving risk-informed, cost beneficial protection of
public health and safety; and
(2) ensuring that the effect of any regulation will not be
inimical to the common defense and security of the United
States.
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