[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 474 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 474
To amend the Nuclear Waste Policy Act of 1982 to authorize the
Secretary of Energy to enter into contracts for the storage of certain
high-level radioactive waste and spent nuclear fuel, take title to
certain high-level radioactive waste and spent nuclear fuel, and make
certain expenditures from the Nuclear Waste Fund.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 12, 2017
Mr. Issa (for himself, Mr. Conaway, Mr. Calvert, Mr. Culberson, Mr.
Young of Alaska, Ms. Pingree, Mr. Sam Johnson of Texas, Mr. Carter of
Texas, Ms. Bordallo, Mr. Peters, Mr. Welch, Ms. Matsui, Mr. Gene Green
of Texas, Mr. Hunter, Mr. Bera, Mr. Neal, Mr. Courtney, and Mr. Lewis
of Minnesota) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Nuclear Waste Policy Act of 1982 to authorize the
Secretary of Energy to enter into contracts for the storage of certain
high-level radioactive waste and spent nuclear fuel, take title to
certain high-level radioactive waste and spent nuclear fuel, and make
certain expenditures from the Nuclear Waste Fund.
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 ``Interim Consolidated Storage Act of
2017''.
SEC. 2. DEFINITION OF INTERIM CONSOLIDATED STORAGE FACILITY.
Section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)
is amended by adding at the end the following new paragraph:
``(35) The term `interim consolidated storage facility'
means a facility that possesses a specific license issued by
the Commission that authorizes storage of high-level
radioactive waste or spent nuclear fuel received from the
Secretary or from two or more persons that generate or hold
title to high-level radioactive waste or spent nuclear fuel
generated at a civilian nuclear power reactor.''.
SEC. 3. INTERIM CONSOLIDATED STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE
AND SPENT NUCLEAR FUEL.
(a) Storage of Spent Nuclear Fuel.--Section 135(h) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10155(h)) is amended by striking
``Notwithstanding any other provisions of law'' and inserting ``Except
as provided in section 302, and subtitle I of title I''.
(b) Interim Consolidated Storage.--Title I of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10121 et seq.) is amended by adding at
the end the following:
``Subtitle I--Interim Consolidated Storage
``SEC. 190. INTERIM CONSOLIDATED STORAGE.
``(a) In General.--The Secretary may enter into contracts for the
storage of high-level radioactive waste or spent nuclear fuel with any
person that holds a license for an interim consolidated storage
facility.
``(b) Definition of High-Level Radioactive Waste.--For purposes of
this subtitle and section 302, the term `high-level radioactive waste'
includes Greater than Class C waste as defined in section 72.3 of title
10, Code of Federal Regulations. Nothing in this section or section 191
shall be interpreted to affect existing judicial interpretation of the
term high-level radioactive waste or to require the disposal of Greater
than Class C waste in a repository.
``SEC. 191. CONTRACTS.
``(a) In General.--The Secretary may enter into new contracts or
modify existing contracts with any person who generates or holds title
to high-level radioactive waste or spent nuclear fuel of domestic
origin for the acceptance of title and subsequent storage of such waste
or fuel at an interim consolidated storage facility, with priority for
storage given to high-level radioactive waste and spent nuclear fuel
located on sites without an operating nuclear reactor.
``(b) Contract Terms.--A contract entered into or modified under
this section shall provide that acceptance by the Secretary, and
transfer of title under subsection (d), of any high-level radioactive
waste or spent nuclear fuel for an interim consolidated storage
facility satisfies the Secretary's responsibility under a contract
entered into under section 302(a) to accept title to such waste or fuel
for disposal, with respect to such accepted waste or fuel.
``(c) Limitation.--The Secretary shall not require a person to
settle claims against the United States for the breach of a contract
entered into under section 302(a) for the disposal of high-level
radioactive waste or spent nuclear fuel as a condition precedent of
entering into or modifying a contract under this section.
``(d) Title to Material.--Delivery, and acceptance by the
Secretary, of any high-level radioactive waste or spent nuclear fuel
for an interim consolidated storage facility shall constitute a
transfer to the Secretary of title to such waste or fuel.''.
(c) Nuclear Waste Fund.--Section 302(d) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10222(d)) is amended--
(1) in paragraph (4), by striking ``in a monitored,
retrievable storage site'' and inserting ``in an interim
consolidated storage facility or monitored retrievable storage
site,'';
(2) in paragraph (5)--
(A) by striking ``a monitored, retrievable storage
site'' and inserting ``an interim consolidated storage
facility site, a monitored retrievable storage site,'';
(B) by striking ``such repository, monitored,
retrievable storage facility'' and inserting ``such
repository, interim consolidated storage facility,
monitored retrievable storage facility,''; and
(C) by striking ``; and'' and inserting a
semicolon;
(3) by redesignating paragraph (6) as paragraph (7);
(4) by inserting after paragraph (5) the following:
``(6) the fees and costs in connection with the storage of
high-level radioactive waste or spent nuclear fuel in an
interim consolidated storage facility; and''; and
(5) by inserting ``For purposes of the preceding sentence,
fees and costs described in paragraph (6) shall not be
considered amounts for the construction or expansion of any
facility.'' after ``this or subsequent legislation.''.
(d) Appropriations From the Waste Fund.--Section 302(e)(2) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(2)) is amended--
(1) by inserting ``(A)'' before ``The Secretary shall
submit''; and
(2) by adding at the end the following:
``(B) Notwithstanding subparagraph (A), subject to subparagraph
(C), necessary amounts shall be available to the Secretary from the
Waste Fund without additional appropriations to pay for the following:
``(i) Costs described in subsection (d)(4) in connection
with storage in an interim consolidated storage facility.
``(ii) Costs described in subsection (d)(5) in connection
with an interim consolidated storage facility.
``(iii) Fees and costs described in subsection (d)(6).
``(C) The Secretary shall not expend, on fees for dry modes of
storage of high-level radioactive waste or spent nuclear fuel, amounts
totaling more than the cumulative amount of interest generated by the
Waste Fund each fiscal year, beginning in fiscal year 2018.''.
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