[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1045 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1045
To strengthen United States capabilities to safely and securely dispose
of all greater-than-Class C low-level radioactive waste.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2003
Mr. Akaka (for himself, and Mr. Bingaman) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To strengthen United States capabilities to safely and securely dispose
of all greater-than-Class C low-level radioactive waste.
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 ``Low-Level Radioactive Waste Act of
2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) section 3(b)(1)(D) of the Low-Level Radioactive Waste
Policy Act (42 U.S.C. 2021c(b)(1)(D)) requires the Secretary of
Energy to safely dispose of all greater-than-Class C low-level
radioactive waste (as defined in section 61.55 of title 10,
Code of Federal Regulations);
(2) the Offsite Source Recovery Program, established by the
Department of Energy to recover and store sources of such
waste, is scheduled to cease operation by September 30, 2010;
(3) the Department of Energy estimates that about 14,000
sealed sources of such waste will become unwanted and will have
to be disposed of through the Offsite Source Recovery Program
by that date;
(4)(A) in February 1987 the Secretary of Energy submitted
to Congress a comprehensive report making recommendations for
ensuring the safe disposal of all greater-than-Class C low-
level radioactive waste; and
(B) 16 years later, it is likely that the information
contained in the report is no longer current and does not
reflect the new security threat environment;
(5) the Department of Energy--
(A) does not have the resources or storage facility
to recover and store all unwanted sources of greater-
than-Class C low-level radioactive waste; and
(B) has not identified a permanent disposal
facility;
(6) it is unlikely that a permanent disposal facility will
be operational by the time that the Offsite Source Recovery
Program ceases operation;
(7) the initial steps in developing a disposal facility
(including preparation of an environmental impact statement and
issuance of a record of decision) could take several years and
will require dedicated funding to complete; and
(8) before a final decision on the disposal alternative to
be implemented is made, Congress must have an opportunity to
review the alternatives under consideration and provide input.
SEC. 3. DEPARTMENT OF ENERGY RESPONSIBILITIES
(a) Designation of Responsibility.--The Secretary of Energy shall
designate an entity within the Department of Energy to have the
responsibility of completing activities needed to develop a facility
for safely disposing of all greater-than-Class C low-level radioactive
waste.
(b) Consultation With Congress.--In developing a plan for a
permanent disposal facility for greater-than-Class C low-level
radioactive waste (including preparation of an environmental impact
statement and issuance of a record of decision), the Secretary of
Energy shall consult with Congress.
SEC. 4. REPORTS.
(a) Update of 1987 Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy shall submit to
Congress an update of the report referred to in section 2(4).
(2) Contents.--The update shall contain--
(A) an identification of the radioactive waste that
is to be disposed of (including the source of the waste
and the volume, concentration, and other relevant
characteristics of the waste);
(B) an identification of the Federal and non-
Federal options for disposal of the waste;
(C) a description of the actions proposed to ensure
the safe disposal of the waste;
(D) an estimate of the costs of the proposed
actions;
(E) an identification of the options for ensuring
that the beneficiaries of the activities resulting in
the generation of the radioactive waste bear all
reasonable costs of disposing of the waste;
(F) an identification of any statutory authority
required for disposal of the waste; and
(G) in coordination with the Environmental
Protection Agency and the Nuclear Regulatory
Commission, an identification of any regulatory
guidance needed for the disposal of the waste.
(b) Report on Permanent Disposal Facility.--
(1) Report on cost and schedule for completion of eis and
rod.--Not later than 180 days after the date of submission of
the update under subsection (a), the Secretary of Energy shall
submit to Congress a report containing an estimate of the cost
and schedule to complete an environmental impact statement and
record of decision for a permanent disposal facility for
greater-than-Class C radioactive waste.
(2) Report on alternatives.--Before the Secretary of Energy
makes a final decision on the disposal alternative to be
implemented, the Secretary of Energy shall--
(A) submit to Congress a report that describes all
alternatives under consideration; and
(B) await action by Congress.
(c) Report on Short-Term Plan.--
(1) In general.--Not later than December 31, 2003, the
Secretary of Energy shall submit to Congress a plan to ensure
the continued recovery and storage of greater-than-Class C low-
level radioactive waste until a permanent disposal facility is
available.
(2) Contents.--The plan shall contain estimated cost,
resource, and facility needs.
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