II
112th CONGRESS
2d Session
S. 3469
IN THE SENATE OF THE UNITED STATES
August 1, 2012
Mr. Bingaman introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To establish a new organization to manage nuclear waste, provide a consensual process for siting nuclear waste facilities, ensure adequate funding for managing nuclear waste, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the Nuclear Waste Administration Act of
2012
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—Findings, purposes, and definitions
Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
TITLE II—Nuclear Waste Administration
Sec. 201. Establishment.
Sec. 202. Principal officers.
Sec. 203. Other officers.
Sec. 204. Inspector General.
Sec. 205. Nuclear Waste Oversight Board.
Sec. 206. Conforming amendments.
TITLE III—Functions
Sec. 301. Transfer of functions.
Sec. 302. Transfer of contracts.
Sec. 303. Additional functions.
Sec. 304. Siting nuclear waste facilities.
Sec. 305. Licensing nuclear waste facilities.
Sec. 306. Limitation on storage.
Sec. 307. Defense waste.
Sec. 308. Transportation.
TITLE IV—Funding and legal proceedings
Sec. 401. Working Capital Fund.
Sec. 402. Nuclear Waste Fund.
Sec. 403. Full cost recovery.
Sec. 404. Judicial review.
Sec. 405. Litigation authority.
Sec. 406. Liabilities.
TITLE V—Administrative and savings provisions
Sec. 501. Administrative powers of Administrator.
Sec. 502. Personnel.
Sec. 503. Offices.
Sec. 504. Mission plan.
Sec. 505. Annual reports.
Sec. 506. Savings provisions; terminations.
Sec. 507. Technical assistance in the field of spent fuel storage and disposal.
Sec. 508. Nuclear Waste Technical Review Board.
Sec. 509. Repeal of volume limitation.
Findings, purposes, and definitions
Findings
Congress finds that—
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.)—
made the Federal Government responsible for providing for the permanent disposal of nuclear waste;
vested the responsibility for siting, constructing, and operating a permanent geologic repository for the disposal of nuclear waste in the Secretary of Energy; and
required the Secretary to enter into binding contracts with the generators and owners of nuclear waste pursuant to which the Secretary is obligated to have begun disposing of the nuclear waste in a repository not later than January 31, 1998;
in 1987, Congress designated the Yucca Mountain site as the site for the repository and precluded consideration of other sites;
in 2002, the Secretary found the Yucca Mountain site to be suitable for the development of the repository, the President recommended the site to Congress, and Congress enacted a joint resolution approving the Yucca Mountain site for the repository;
in 2008, the Secretary applied to the Nuclear Regulatory Commission for a license to construct a repository at the Yucca Mountain site;
in 2009, the Secretary found the Yucca Mountain site to be unworkable and abandoned efforts to construct a repository;
in 2010, the Secretary, at the request of the President, established the Blue Ribbon Commission on America’s Nuclear Future to conduct a comprehensive review of the nuclear waste management policies of the United States and recommend a new strategy for managing the nuclear waste of the United States; and
the Blue Ribbon Commission has recommended that Congress establish a new nuclear waste management organization and adopt a new consensual approach to siting nuclear waste management facilities.
Purposes
The purposes of this Act are—
to establish a new nuclear waste management organization;
to transfer to the new organization the functions of the Secretary relating to the siting, licensing, construction, and operation of nuclear waste management facilities;
to establish a new consensual process for the siting of nuclear waste management facilities;
to provide for centralized storage of nuclear waste pending completion of a repository; and
to ensure that—
the generators and owners of nuclear waste pay the full cost of the program; and
funds collected for the program are used for that purpose.
Definitions
In this Act:
Administration
The term Administration means the Nuclear Waste Administration established by section 201.
Administrator
The term Administrator means the Administrator of the Administration.
Affected Indian tribe
The term affected Indian tribe means any Indian tribe—
within the reservation boundaries of which a repository or storage facility is proposed to be located; or
that has federally defined possessory or usage rights to other land outside of the reservation boundaries that—
arise out of a congressionally ratified treaty; and
the Secretary of the Interior finds, on petition of an appropriate governmental official of the Indian tribe, may be substantially and adversely affected by the repository or storage facility.
Affected unit of general local government
In general
The term affected unit of general local government means the unit of general local government that has jurisdiction over the site of a repository or storage facility.
Inclusion
The term affected unit of general local government may include, at the discretion of the Administrator, units of general local government that are contiguous with the unit that has jurisdiction over the site of a repository or storage facility.
Civilian nuclear power reactor
The term civilian nuclear power reactor has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
Commission
The term Commission means the Nuclear Regulatory Commission.
Contract holder
The term contract holder means any person who—
generates or holds title to nuclear waste generated at a civilian nuclear power reactor; and
has entered into a contract for the disposal of nuclear waste under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) or this Act.
Defense waste
The term defense waste means nuclear waste generated by an atomic energy defense activity (as defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)).
Disposal
The term disposal has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
High-level radioactive waste
The term high-level radioactive waste has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
Indian tribe
The term Indian tribe has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
Nuclear waste
The term nuclear waste means—
spent nuclear fuel; and
high-level radioactive waste.
Nuclear waste activities
The term nuclear waste activities has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
Nuclear waste facility
The term nuclear waste facility means—
a repository; and
a storage facility.
Nuclear Waste Fund
The term Nuclear Waste Fund means the separate fund in the Treasury established by section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)).
Oversight Board
The term Oversight Board means the Nuclear Waste Oversight Board established by section 205.
Public liability
The term public liability has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
Repository
The term repository has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
Reservation
The term reservation has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
Secretary
The term Secretary means the Secretary of Energy.
Site characterization
In general
The term site characterization means the site-specific activities that the Administrator determines necessary to support an application to the Commission for a license to construct a repository or storage facility under section 305(c).
Repository site characterization
In the case of a site for a repository, the term site characterization may include borings, surface excavations, excavations of exploratory shafts, limited subsurface lateral excavations and borings, and in situ testing needed to evaluate the suitability of a candidate site for the location of a repository.
Storage site characterization
In the case of a site for an above-ground storage facility, the term site characterization does not include subsurface borings and excavations that the Administrator determines are uniquely associated with underground disposal and unnecessary to evaluate the suitability of a candidate site for the location of an above-ground storage facility.
Preliminary activities
The term site characterization does not include preliminary borings and geophysical testing needed to assess whether site characterization should be undertaken.
Spent nuclear fuel
The term spent nuclear fuel has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
Storage
The term storage means the temporary retention of nuclear waste pending the disposal of the nuclear waste in a repository.
Storage facility
The term storage facility means a facility for the storage of nuclear waste from multiple contract holders or the Secretary pending the disposal of the spent nuclear fuel in a repository.
Test and evaluation facility
The term test and evaluation facility means an at-depth, prototypic underground cavity used to develop data and experience for the safe handling and disposal of nuclear waste in a repository.
Unit of general local government
The term unit of general local government has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
Working Capital Fund
The term Working Capital Fund means the Nuclear Waste Administration Working Capital Fund established by section 401.
Nuclear Waste Administration
Establishment
Establishment
There is established an independent agency in the executive branch to be known as the Nuclear Waste Administration.
Purpose
The purposes of the Administration are—
to discharge the responsibility of the Federal Government to provide for the permanent disposal of nuclear waste;
to protect the public health and safety and the environment in discharging the responsibility under paragraph (1); and
to ensure that the costs of activities under paragraph (1) are borne by the persons responsible for generating the nuclear waste.
Principal officers
Administrator
Appointment
There shall be at the head of the Administration a Nuclear Waste Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who are, by reason of education, experience, and attainments, exceptionally well qualified to perform the duties of the Administrator.
Functions and powers
The functions and powers of the Administration shall be vested in and exercised by the Administrator.
Supervision and direction
The Administration shall be administrated under the supervision and direction of the Administrator, who shall be responsible for the efficient and coordinated management of the Administration.
Delegation
The Administrator may, from time to time and to the extent permitted by law, delegate such functions of the Administrator as the Administrator determines to be appropriate.
Compensation
The President shall fix the total annual compensation of the Administrator in an amount that—
is sufficient to recruit and retain a person of demonstrated ability and achievement in managing large corporate or governmental organizations; and
does not exceed the total annual compensation paid to the Chief Executive Officer of the Tennessee Valley Authority.
Deputy administrator
Appointment
There shall be in the Administration a Deputy Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who are, by reason of education, experience, and attainments, exceptionally well qualified to perform the duties of the Deputy Administrator.
Duties
The Deputy Administrator shall—
perform such functions as the Administrator shall from time to time assign or delegate; and
act as the Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of the Administrator.
Compensation
The President shall fix the total annual compensation of the Deputy Administrator in an amount that—
is sufficient to recruit and retain a person of demonstrated ability and achievement in managing large corporate or governmental organizations; and
does not exceed the total annual compensation paid to the Administrator.
Other officers
Establishment
There shall be in the Administration—
a General Counsel;
a Chief Financial Officer, who shall be appointed from among individuals who possess demonstrated ability in general management of, and knowledge of and extensive practical experience in, financial management practices in large governmental or business entities; and
not more than 3 Assistant Administrators, who shall perform such functions as the Administrator shall specify from time to time.
Appointment
Officers appointed under this section shall—
be appointed by the Administrator;
be considered career appointees; and
be subject to section 161 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(d)).
Order of succession
The Administrator may designate the order in which the officers appointed pursuant to this section shall act for, and perform the functions of, the Administrator during the absence or disability of the Administrator and the Deputy Administrator or in the event of vacancies in the offices of the Administrator and the Deputy Administrator.
Inspector General
There shall be in the Administration an Inspector General, who shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with section 3 of the Inspector General Act of 1978 (5 U.S.C. App.).
Nuclear Waste Oversight Board
Establishment
There is established an independent establishment in the executive branch, to be known as the Nuclear Waste Oversight Board, to oversee the administration of this Act and protect the public interest in the implementation of this Act.
Members
The Oversight Board shall consist of—
the Deputy Director of the Office of Management and Budget;
the Chief of Engineers of the Army Corps of Engineers; and
the Deputy Secretary of Energy.
Chair
The President shall designate 1 of the 3 members as chair.
Functions
The Oversight Board shall—
review, on an ongoing basis—
the progress made by the Administrator to site, construct, and operate nuclear waste facilities under this Act;
the use of funds made available to the Administrator under this Act;
whether the fees collected from contract holders are sufficient to ensure full cost recovery or require adjustment; and
the liability of the United States to contract holders;
identify any problems that may impede the implementation of this Act; and
recommend to the Administrator, the President, or Congress, as appropriate, any actions that may be needed to ensure the implementation of this Act.
Meetings
The Oversight Board shall meet at least once every 90 days.
Reports
The Oversight Board shall report the findings, conclusions, and recommendations of the Oversight Board to the Administrator, the President, and Congress not less than once per year.
Executive Secretary
The Oversight Board shall appoint and fix the compensation of an Executive Secretary, who shall—
assemble and maintain the reports, records, and other papers of the Oversight Board; and
perform such functions as the Oversight Board shall from time to time assign or delegate.
Additional staff
Appointment
The Oversight Board may appoint and fix the compensation of such additional clerical and professional staff as may be necessary to discharge the responsibilities of the Oversight Board.
Limitation
The Oversight Board may appoint not more than 10 clerical or professional staff members under this subsection.
Supervision and direction
The clerical and professional staff of the Oversight Board shall be under the supervision and direction of the Executive Secretary.
Access to information
Duty to inform
The Administrator shall keep the Oversight Board fully and currently informed on all of the activities of the Administration.
Production of documents
The Administrator shall provide the Oversight Board with such records, files, papers, data, or information as may be requested by the Oversight Board.
Support services
To the extent permitted by law and requested by the Oversight Board, the Administrator of General Services shall provide the Oversight Board with necessary administrative services, facilities, and support on a reimbursable basis.
Authorization of appropriations
There are authorized to be appropriated to the Oversight Board from amounts in the Nuclear Waste Fund to carry out this section such sums as are necessary.
Conforming amendments
Section 901(b)(2) of title 31, United States Code, is amended by adding at the end the following:
The Nuclear Waste Administration.
.
Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
in paragraph (1),
by inserting the Nuclear Waste Administration;
after
Export-Import Bank;
; and
in paragraph (2),
by inserting the Nuclear Waste Administration,
after
Export-Import Bank,
.
Functions
Transfer of functions
There are transferred to and vested in the Administrator all functions vested in the Secretary by—
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) relating to—
the construction and operation of a repository;
entering into and performing contracts for the disposal of nuclear waste under section 302 of that Act (42 U.S.C. 10222);
the collection, adjustment, deposition, and use of fees to offset expenditures for the management of nuclear waste; and
the issuance of obligations under section 302(e)(5) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(5)); and
section 312 of the Energy and Water Development and Related Agencies Appropriations Act, 2013, relating to the pilot program for the construction and operation of one or more storage facilities to the extent provided in a cooperative agreement transferred to the Administrator pursuant to section 302(b).
Transfer of contracts
Disposal contracts
Each contract for the disposal of nuclear waste entered into by the Secretary before the date of enactment of this Act shall continue in effect according to the terms of the contract with the Administrator substituted for the Secretary.
Cooperative agreement
Each cooperative agreement entered into by the Secretary pursuant to section 312 of the Energy and Water Development and Related Agencies Appropriations Act, 2013, before the date of enactment of this Act shall continue in effect according to the terms of the agreement with the Administrator substituted for the Secretary.
Additional functions
In addition to the functions transferred to the Administrator under section 301, the Administrator may site, construct, and operate—
additional repositories if the Administrator determines that additional disposal capacity is necessary to meet the disposal obligations of the Administrator;
a test and evaluation facility in connection with a repository if the Administrator determines a test and evaluation facility is necessary to develop data and experience for the safe handling and disposal of nuclear waste at a repository; and
additional storage facilities if the Administrator determines that additional storage capacity is necessary pending the availability of adequate disposal capacity.
Siting nuclear waste facilities
In general
In siting nuclear waste facilities under this Act, the Administrator shall employ a process that—
allows affected communities to decide whether, and on what terms, the affected communities will host a nuclear waste facility;
is open to the public and allows interested persons to be heard in a meaningful way;
is flexible and allows decisions to be reviewed and modified in response to new information or new technical, social, or political developments; and
is based on sound science and meets public health, safety, and environmental standards.
Siting guidelines
Issuance
Not later than 1 year after the date of enactment of this Act, the Administrator shall issue general guidelines for the consideration of candidate sites for—
repositories; and
storage facilities.
Repositories
In adopting guidelines for repositories under paragraph (1), the Administrator shall comply with the requirements of section 112(a) of the Nuclear Waste Policy Act of 1992 (42 U.S.C. 10132(a)).
Storage facilities
In general
In adopting guidelines for storage facilities under paragraph (1), the Administrator shall comply with the requirements of section 112(a) of the Nuclear Waste Policy Act of 1992 (42 U.S.C. 10132(a)), except to the extent that section 112(a) of that Act requires consideration of underground geophysical conditions that the Administrator determines do not apply to above-ground storage.
Other factors
In addition to the requirements described in subparagraph (A), the guidelines for storage facilities shall require the Administrator to take into account the extent to which a storage facility would—
enhance the reliability and flexibility of the system for the disposal of nuclear waste;
minimize the impacts of transportation and handling of nuclear waste; and
unduly burden a State in which significant volumes of—
defense wastes are stored; or
transuranic wastes are disposed.
Revisions
The Administrator may revise the guidelines in a manner consistent with this subsection and section 112(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132(a)).
Identification of candidate sites
Review of potential sites
As soon as practicable after the date of the issuance of the guidelines under subsection (b), the Administrator shall evaluate potential sites for a nuclear waste facility to determine whether the sites are suitable for site characterization.
Sites eligible for review
The Administrator shall select sites for evaluation under paragraph (1) from among sites recommended by—
the Governor or duly authorized official of the State in which the site is located;
the governing body of the affected unit of general local government;
the governing body of an Indian tribe within the reservation boundaries of which the site is located; or
the Administrator, after consultation with, and with the consent of—
the Governor of the State in which the site is located;
the governing body of the affected unit of general local government; and
the governing body of the Indian tribe, if the site is located within the reservation of an Indian tribe.
Site investigations
In evaluating a site under this subsection prior to any determination of the suitability of the site for site characterization, the Administrator—
shall use available geophysical, geological, geochemical, hydrological, and other information; and
shall not perform any preliminary borings or excavations at the site unless necessary to determine the suitability of the site and authorized by the landowner.
Determination of suitability
The Administrator shall determine whether a site is suitable for site characterization based on an environmental assessment of the site, which shall include—
an evaluation by the Administrator of whether the site qualifies for development as a nuclear waste facility under the guidelines established under subsection (b), including a safety case that provides the basis for confidence in the safety of the proposed nuclear waste facility at the proposed site;
an evaluation by the Administrator of the effects of site characterization activities on public health and safety and the environment;
a reasonable comparative evaluation by the Administrator of the site with other sites considered by—
the Administrator under this section; or
the Secretary under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.);
a description of the decision process by which the site was recommended; and
an assessment of the regional and local impacts of locating a repository or storage facility at the site.
Site characterization
Selection of sites
From among the sites determined to be suitable for site characterization under subsection (c), the Administrator shall select—
at least 1 site for site characterization as a repository; and
at least 1 site for site characterization as a storage facility.
Preference for Co-located repository and storage facility
In selecting sites for site characterization as a storage facility, the Administrator shall give preference to sites determined to be suitable for co-location of a storage facility and a repository.
Public hearings
Before selecting a site for site characterization, the Administrator shall hold public hearings in the vicinity of the site and at least 1 other location within the State in which the site is located—
to inform the public of the proposed site characterization; and
to solicit public comments and recommendations with respect to the site characterization plan of the Administrator.
Consultation and cooperation agreement
Requirement
Before selecting a site for site characterization, the Administrator shall enter into a consultation and cooperation agreement with—
the Governor of the State in which the site is located;
the governing body of the affected unit of general local government; and
the governing body of an affected Indian tribe, in the case of—
a site located within the boundaries of a reservation; or
an Indian tribe the federally defined possessory or usage rights to land outside of a reservation of which may be substantially and adversely affected by the repository or storage facility.
Contents
The consultation and cooperation agreement shall provide—
compensation to the State, any affected units of local government, and any affected Indian tribes for any potential economic, social, public health and safety, and environmental impacts associated with site characterization; and
financial and technical assistance to enable the State, affected units of local government, and affected Indian tribes to monitor, review, evaluate, comment on, obtain information on, and make recommendations on site characterization activities.
Final site suitability determination
Determination required
On completion of site characterization activities, the Administrator shall make a final determination of whether the site is suitable for development as a repository or storage facility.
Basis of determination
In making a determination under paragraph (1), the Administrator shall determine if—
the site is scientifically and technically suitable for development as a repository or storage facility, taking into account—
whether the site meets the siting guidelines of the Administrator; and
whether there is reasonable assurance that a repository or storage facility at the site will meet—
the radiation protection standards of the Administrator of the Environmental Protection Agency; and
the licensing standards of the Commission; and
development of a repository or storage facility at the site is in the national interest.
Public hearings
Before making a final determination under paragraph (1), the Administrator shall hold public hearings in the vicinity of the site and at least 1 other location within the State in which the site is located to solicit public comments and recommendations on the proposed determination.
Consent agreements
Requirement
On making a final determination of site suitability under subsection (e), but before submitting a license application to the Commission under subsection (g), the Administrator shall enter into a consent agreement with—
the Governor of the State in which the site is located;
the governing body of the affected unit of general local government; and
if the site is located on a reservation, the governing body of the affected Indian tribe.
Contents
The consent agreement shall—
contain the terms and conditions on which each State, local government, and Indian tribe consents to host the repository or storage facility; and
express the consent of each State, local government, and Indian tribe to host the repository or storage facility.
Terms and conditions
The terms and conditions under paragraph (2)(A)—
shall promote the economic and social well-being of the people living in the vicinity of the repository or storage facility; and
may include—
financial compensation and incentives;
economic development assistance;
operational limitations or requirements;
regulatory oversight authority; and
in the case of a storage facility, an enforceable deadline for removing nuclear waste from the storage facility.
Ratification
No consent agreement entered into under this section shall have legal effect unless ratified by law.
Binding effect
On ratification by law, the consent agreement—
shall be binding on the parties; and
shall not be amended or revoked except by mutual agreement of the parties.
Submission of license application
On determining that a site is suitable under subsection (e) and ratification of a consent agreement under subsection (f), the Administrator shall submit to the Commission an application for a construction authorization for the repository or storage facility.
Licensing nuclear waste facilities
Radiation protection standards
Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, pursuant to authority under other provisions of law, shall adopt, by rule, generally applicable standards for protection of the general environment from offsite releases from radioactive material in geological repositories.
Commission regulations
Not later than 1 year after the adoption of generally applicable standards by the Administrator of the Environmental Protection Agency under subsection (a), the Commission, pursuant to authority under other provisions of law, shall amend the regulations of the Commission governing the licensing of geological repositories to be consistent with any comparable standards adopted by the Administrator of the Environmental Protection Agency under subsection (a).
Construction authorization
Applicable laws
The Commission shall consider an application for a construction authorization for a nuclear waste facility in accordance with the laws (including regulations) applicable to the applications.
Final decision
Not later than 3 years after the date of the submission of the application, the Commission shall issue a final decision approving or disapproving the issuance of a construction authorization.
Extension
The Commission may extend the deadline under paragraph (2) by not more than 1 year if, not less than 30 days before the deadline, the Commission submits to Congress and the Administrator a written report that describes—
the reason for failing to meet the deadline; and
the estimated time by which the Commission will issue a final decision.
Limitation on storage
In general
Except as provided in subsection (b), the Administrator may not possess, take title to, or store spent nuclear fuel at a storage facility licensed under this Act before ratification of a consent agreement for a repository under section 304(f)(4).
Exception
The Administrator may possess, take title to, and store not more than 10,000 metric tons of spent nuclear fuel at a storage facility licensed and constructed pursuant to a cooperative agreement entered into before the date of enactment of this Act under section 312 of the Energy and Water Development and Related Agencies Appropriations Act, 2013, before ratification of a consent agreement for a repository under section 304(f)(4).
Defense waste
Disposal and storage by Administration
The Secretary—
shall arrange for the Administrator to dispose of defense wastes in a repository developed under this Act; and
may arrange for the Administrator to store spent nuclear fuel from the naval nuclear propulsion program pending disposal in a repository.
Memorandum of agreement
The arrangements shall be covered by a memorandum of agreement between the Secretary and the Administrator.
Costs
The portion of the cost of developing, constructing, and operating the repository or storage facilities under this Act that is attributable to defense wastes shall be allocated to the Federal Government and paid by the Federal Government into the Working Capital Fund.
Prohibition
No defense waste may be stored or disposed of by the Administrator in any storage facility or repository constructed under this Act or section 312 of the Energy and Water Development and Related Agencies Appropriations Act, 2013, until funds are appropriated to the Working Capital Fund in an amount equal to the fees that would be paid by contract holders under section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) if such nuclear waste were generated by a contract holder.
Transportation
In general
The Administrator shall be responsible for transporting nuclear waste—
from the site of a contract holder to a storage facility or repository;
from a storage facility to a repository; and
in the case of defense waste, from a Department of Energy site to a repository.
Certified packages
No nuclear waste may be transported under this Act except in packages—
the design of which has been certified by the Commission; and
that have been determined by the Commission to satisfy the quality assurance requirements of the Commission.
Notification
Prior to any transportation of nuclear waste under this Act, the Administrator shall provide advance notification to States and Indian tribes through whose jurisdiction the Administrator plans to transport the nuclear waste.
Transportation assistance
Public education
The Administrator shall conduct a program to provide information to the public about the transportation of nuclear waste.
Training
The Administrator shall provide financial and technical assistance to States and Indian tribes through whose jurisdiction the Administrator plans to transport nuclear waste to train public safety officials and other emergency responders on—
procedures required for the safe, routine transportation of nuclear waste; and
procedures for dealing with emergency response situations involving nuclear waste, including instruction of—
government and tribal officials and public safety officers in command and control procedures;
emergency response personnel; and
radiological protection and emergency medical personnel.
Equipment
The Administrator shall provide monetary grants and contributions in-kind to assist States and Indian tribes through whose jurisdiction the Administrator plans to transport nuclear waste for the purpose of acquiring equipment for responding to a transportation incident involving nuclear waste.
Transportation safety programs
The Administrator shall provide in-kind, financial, technical, and other appropriate assistance to States and Indian tribes through whose jurisdiction the Administrator plans to transport nuclear waste for transportation safety programs related to shipments of nuclear waste.
Funding and legal proceedings
Working Capital Fund
Establishment
There is established in the Treasury a separate fund, to be known as the Nuclear Waste Administration Working Capital Fund, which shall be separate from the Nuclear Waste Fund.
Contents
The Working Capital Fund shall consist of—
all fees paid by contract holders pursuant to section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) on or after the date of enactment of this Act, which shall be paid into the Working Capital Fund—
notwithstanding section 302(c)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)(1)); and
immediately on the payment of the fees;
any appropriations made by Congress to pay the share of the cost of the program established under this Act attributable to defense wastes; and
interest paid on the unexpended balance of the Working Capital Fund.
Availability
All funds deposited in the Working Capital Fund—
shall be immediately available to the Administrator to carry out the functions of the Administrator, except to the extent limited in annual authorization or appropriation Acts;
shall remain available until expended; and
shall not be subject to apportionment under subchapter II of chapter 15 of title 31, United States Code.
Use of Fund
Except to the extent limited in annual authorization or appropriation Acts, the Administrator may make expenditures from the Working Capital Fund only for purposes of carrying out functions authorized by this Act.
Nuclear Waste Fund
Elimination of legislative veto
Section 302(a)(4) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10222(a)(4)) is amended in the last sentence by striking
transmittal unless
and all that follows through the end of the
sentence and inserting transmittal.
.
Interest on unexpended balances
Section 302(e)(3) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(3)) is amended—
by striking
Secretary
the first, second, and fourth place it appears and
inserting Administrator of the Nuclear Waste Administration
;
and
by striking
the Waste Fund
each place it appears and inserting the
Waste Fund or the Working Capital Fund established by section 401 of the
Nuclear Waste Administration Act of
2012
.
Full cost recovery
In determining whether insufficient or excess revenues are being collected to ensure full cost recovery under section 302(a)(4) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)), the Administrator shall—
assume that sufficient funds will be appropriated to the Nuclear Waste Fund to cover the costs attributable to disposal of defense wastes; and
take into account the additional costs resulting from the enactment of this Act.
Judicial review
Jurisdiction
Courts of appeals
Except for review in the Supreme Court, a United States court of appeals shall have original and exclusive jurisdiction over any civil action—
for review of any final decision or action of the Administrator or the Commission under this Act;
alleging the failure of the Administrator or the Commission to make any decision, or take any action, required under this Act;
challenging the constitutionality of any decision made, or action taken, under this Act; or
for review of any environmental assessment or environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any action under this Act, or alleging a failure to prepare any such assessment or statement with respect to any such action.
Venue
The venue of any proceeding under this section shall be in—
the judicial circuit in which the petitioner involved resides or has the principal office of the petitioner; or
the United States Court of Appeals for the District of Columbia Circuit.
Deadline for commencing action
In general
Except as provided in paragraph (2), a civil action for judicial review described in subsection (a)(1) may be brought not later than the date that is 180 days after the date of the decision or action or failure to act involved.
No knowledge of decision or action
If a party shows that the party did not know of the decision or action complained of (or of the failure to act) and that a reasonable person acting under the circumstances would not have known, the party may bring a civil action not later than 180 days after the date the party acquired actual or constructive knowledge of the decision, action, or failure to act.
Litigation authority
Supervision by attorney general
The litigation of the Administration shall be subject to the supervision of the Attorney General pursuant to chapter 31 of title 28, United States Code.
Attorneys of Administration
The Attorney General may authorize any attorney of the Administration to conduct any civil litigation of the Administration in any Federal court, except the Supreme Court.
Liabilities
Pending legal proceedings
Any suit, cause of action, or judicial proceeding commenced by or against the Secretary relating to functions or contracts transferred to the Administrator by this Act shall—
not abate by reason of the enactment of this Act; and
continue in effect with the Administrator substituted for the Secretary.
Settlement of pending litigation; contract modification
Settlement
The Attorney General, in consultation with the Administrator, shall settle all claims against the United States by a contract holder for the breach of a contract for the disposal of nuclear waste under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) as a condition precedent of the agreement of the Administrator to take title to and store the nuclear waste of the contract holder at a storage facility.
Contract modification
The Administrator and contract holders shall modify contracts entered into under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) in accordance with the settlement under paragraph (1).
Payment of judgments and settlements
Payment of judgments and settlements in cases arising from the failure of the Secretary to meet the deadline of January 31, 1998, to begin to dispose of nuclear waste under contracts entered into under section 302(a)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(1)) shall continue to be paid from the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code.
New contracts
Notwithstanding section 302(a)(5) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(5)), the Administrator shall not enter into any contract after the date of enactment of this Act that obligates the Administrator to begin disposing of nuclear waste before the Commission has licensed the Administrator to operate a repository or storage facility.
Nuclear indemnification
Indemnification agreements
For purposes of section 170 of the Atomic Energy Act
of 1954 (42 U.S.C. 2210) (commonly known as the Price-Anderson
Act
)—
any person that conducts nuclear waste activities under a contract with the Administrator that may involve the risk of public liability shall be treated as a contractor of the Secretary; and
the Secretary shall enter into an agreement of indemnification with any person described in subparagraph (A).
Conforming amendment
Section 11 ff. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(ff)) is amended by inserting or the Nuclear Waste
Administration
after Secretary of Energy
.
Administrative and savings provisions
Administrative powers of Administrator
The Administrator shall have the power—
to perform the functions of the Secretary transferred to the Administrator pursuant to this Act;
to enter into contracts with any person who generates or holds title to nuclear waste generated in a civilian nuclear power reactor for the acceptance of title, subsequent transportation, storage, and disposal of the nuclear waste;
to enter into and perform contracts, leases, and cooperative agreements with public agencies, private organizations, and persons necessary or appropriate to carry out the functions of the Administrator;
to acquire, in the name of the United States, real estate for the construction, operation, and decommissioning of nuclear waste facilities;
to obtain from the Administrator of General Services the services the Administrator of General Services is authorized to provide agencies of the United States, on the same basis as those services are provided to other agencies of the United States;
to conduct nongeneric research, development, and demonstration activities necessary or appropriate to carrying out the functions of the Administrator; and
to make such rules and regulations, not inconsistent with this Act, as may be necessary to carry out the functions of the Administrator.
Personnel
Officers and employees
Appointment
In addition to the senior officers described in section 203, the Administrator may appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the Administration.
Compensation
Except as provided in paragraph (3), officers and employees appointed under this subsection shall be appointed in accordance with the civil service laws and the compensation of the officers and employees shall be fixed in accordance with title 5, United States Code.
Exception
Notwithstanding paragraph (2), the Administrator may, to the extent the Administrator determines necessary to discharge the responsibilities of the Administrator—
appoint exceptionally well qualified individuals to scientific, engineering, or other critical positions without regard to the provisions of chapter 33 of title 5, United States Code, governing appointments in the competitive service; and
fix the basic pay of any individual appointed under subparagraph (A) at a rate of not more than level I of the Executive Schedule without regard to the civil service laws, except that the total annual compensation of the individual shall be at a rate of not more than the highest total annual compensation payable under section 104 of title 3, United States Code.
Merit principles
The Administrator shall ensure that the exercise of the authority granted under paragraph (3) is consistent with the merit principles of section 2301 of title 5, United States Code.
Experts and consultants
The Administrator may obtain the temporary or intermittent services of experts or consultants as authorized by section 3109 of title 5, United States Code.
Advisory committees
Establishment
The Administrator may establish, in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), such advisory committees as the Administrator may consider appropriate to assist in the performance of the functions of the Administrator.
Compensation
A member of an advisory committee, other than a full-time employee of the Federal Government, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government service without pay, while attending meetings of the advisory committee or otherwise serving away from the homes or regular place of business of the member at the request of the Administrator.
Offices
Principal office
The principal office of the Administration shall be in or near the District of Columbia.
Field offices
The Administrator may maintain such field offices as the Administrator considers necessary to carry out the functions of the Administrator.
Mission plan
In general
The Administrator shall prepare a comprehensive report (referred to in this section as the mission plan), which shall—
provide an informational basis sufficient to permit informed decisions to be made in carrying out the functions of the Administrator; and
provide verifiable indicators for oversight of the performance of the Administrator.
Contents
The mission plan shall include—
a description of the actions the Administrator plans to take to carry out the functions of the Administrator under this Act;
schedules and milestones for carrying out the functions of the Administrator; and
an estimate of the amounts that the Administration will need Congress to appropriate from the Nuclear Waste Fund (in addition to amounts expected to be available from the Working Capital Fund) to carry out the functions of the Nuclear Waste Fund, on an annual basis.
Proposed mission plan
Not later than 1 year after the date of enactment of this Act, the Administrator shall submit a proposed mission plan for comment to—
Congress;
the Oversight Board;
the Commission;
the Nuclear Waste Technical Review Board established by section 502 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10262);
the States;
affected Indian tribes; and
such other interested persons as the Administrator considers appropriate.
Public notice and comment
On submitting the proposed mission plan for comment under subsection (c), the Administrator shall—
publish a notice in the Federal Register of the availability of the proposed mission plan for public comment; and
provided interested persons an opportunity to comment on the proposed plan.
Submission of final mission plan
After consideration of the comments received, the Administrator shall—
revise the proposed mission plan to the extent that the Administrator considers appropriate; and
submit the final mission plan to Congress, the President, and the Oversight Board.
Revision of the mission plan
The Administrator shall—
revise the mission plan, as appropriate, to reflect major changes in the planned activities, schedules, milestones, and cost estimates reported in the mission plan; and
submit the revised mission plan to Congress, the President, and the Oversight Board prior to implementing the proposed changes.
Annual reports
In general
The Administrator shall annually prepare and submit to Congress, the President, and the Oversight Board a comprehensive report on the activities and expenditures of the Administration.
Management report
The annual report submitted under subsection (a) shall include—
the annual management report required under section 9106 of title 31, United States Code; and
the report on any audit of the financial statements of the Administration conducted under section 9105 of title 31, United States Code.
Savings provisions; terminations
Commission proceedings
This Act shall not affect any proceeding or any application for any license or permit pending before the Commission on the date of enactment of this Act.
Authority of the secretary
This Act shall not transfer or affect the authority of the Secretary with respect to—
the maintenance, treatment, packaging, and storage of defense wastes at Department of Energy sites prior to delivery to, and acceptance by, the Administrator for disposal in a repository;
the conduct of generic research, development, and demonstration activities related to nuclear waste management, including proliferation-resistant advanced fuel recycling and transmutation technologies that minimize environmental and public health and safety impacts; and
training and workforce development programs relating to nuclear waste management.
Pilot program
Nothwithstanding section 304, the Administrator may proceed with the siting and licensing of one or more consolidated storage facilities under a cooperative agreement entered into by the Secretary pursuant to section 312 of the Energy and Water Development and Related Agencies Appropriations Act, 2013, before the date of enactment of this Act in accordance with—
the terms of the cooperative agreement; and
section 312 of the Energy and Water Development and Related Agencies Appropriations Act, 2013.
Terminations
The authority for each function of the Secretary relating to the siting, construction, and operation of repositories, storage facilities, or test and evaluation facilities not transferred to the Administrator under this Act shall terminate on the date of enactment of this Act, including the authority—
to provide interim storage or monitored, retrievable storage under subtitles B and C of title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10151 et seq.);
to site or construct a test and evaluation facility under title II of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10191 et seq.); and
to issue requests for proposals or enter into agreements under section 312 of the Energy and Water Development and Related Agencies Appropriations Act, 2013.
Technical assistance in the field of spent fuel storage and disposal
Joint notice
Not later than 90 days after the date of enactment of this Act and annually for 5 succeeding years, the Secretary and the Commission shall update and publish in the Federal Register the joint notice required by section 223(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203(b)).
Informing foreign governments
As soon as practicable after the date of the publication of the annual joint notice described in subsection (a), the Secretary of State shall inform the governments of nations and organizations operating nuclear power plants, solicit expressions of interest, and transmit any such expressions of interest to the Secretary and the Commission, as provided in section 223(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203(c)).
Budget requests
The President shall include in the budget request of the President for the Commission and the Department of Energy for each of fiscal years 2014 through 2019 such funding requests for a program of cooperation and technical assistance with nations in the fields of spent nuclear fuel storage and disposal as the President determines appropriate in light of expressions of interest in the cooperation and assistance.
Eligibility
Notwithstanding any limitation on cooperation and technical assistance to non-nuclear weapon states under section 223 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203), the Secretary and the Commission may cooperate with and provide technical assistance to nuclear weapon states, if the Secretary and the Commission determine the cooperation and technical assistance is in the national interest.
Nuclear Waste Technical Review Board
Eligibility
Section
502(b)(3)(C)(iii)(I) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10262(b)(3)(C)(iii)(I)) is amended by inserting or the Nuclear Waste
Administration
after the Department of Energy
.
Functions
Section
503 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10263) is amended by
striking Secretary after the date of the enactment of the Nuclear Waste
Policy Amendments Act of 1987
and inserting Nuclear Waste
Administrator after the date of enactment of the
Nuclear Waste Administration Act of
2012
.
Production of documents
Section 504(b) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10264(b)) is amended by striking Secretary
each place
it appears and inserting Nuclear Waste Administrator
.
Reports
Section
508 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10268) is amended in the
first sentence by striking Congress and the Secretary
and
inserting Congress, the Nuclear Waste Administrator, and the Nuclear
Waste Oversight Board
.
Termination
Section
510 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10270) is amended by
striking Secretary
and inserting Nuclear Waste
Administrator
.
Repeal of volume limitation
Section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) is amended by striking the second and third sentences.