[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3053 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
2d Session
H. R. 3053
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 14, 2018
Received; read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
AN ACT
To amend the Nuclear Waste Policy Act of 1982, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nuclear Waste
Policy Amendments Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MONITORED RETRIEVABLE STORAGE
Sec. 101. Monitored retrievable storage.
Sec. 102. Authorization and priority.
Sec. 103. Conditions for MRS agreements.
Sec. 104. Survey.
Sec. 105. Site selection.
Sec. 106. Benefits agreement.
Sec. 107. Licensing.
Sec. 108. Financial assistance.
TITLE II--PERMANENT REPOSITORY
Sec. 201. Land withdrawal, jurisdiction, and reservation.
Sec. 202. Application procedures and infrastructure activities.
Sec. 203. Pending repository license application.
Sec. 204. Limitation on planning, development, or construction of
defense waste repository.
Sec. 205. Sense of Congress regarding transportation routes.
TITLE III--DOE CONTRACT PERFORMANCE
Sec. 301. Title to material.
TITLE IV--BENEFITS TO HOST COMMUNITY
Sec. 401. Consent.
Sec. 402. Content of agreements.
Sec. 403. Covered units of local government.
Sec. 404. Termination.
Sec. 405. Priority funding for certain institutions of higher
education.
Sec. 406. Disposal of spent nuclear fuel.
Sec. 407. Updated report.
TITLE V--FUNDING
Sec. 501. Assessment and collection of fees.
Sec. 502. Use of Waste Fund.
Sec. 503. Annual multiyear budget proposal.
Sec. 504. Availability of certain amounts.
TITLE VI--MISCELLANEOUS
Sec. 601. Certain standards and criteria.
Sec. 602. Application.
Sec. 603. Transportation safety assistance.
Sec. 604. Office of Civilian Radioactive Waste Management.
Sec. 605. West Lake Landfill.
Sec. 606. Subseabed or ocean water disposal.
Sec. 607. Sense of Congress regarding storage of nuclear waste near the
Great Lakes.
Sec. 608. Budgetary effects.
Sec. 609. Requirement for financial statements summary.
Sec. 610. Stranded nuclear waste.
TITLE I--MONITORED RETRIEVABLE STORAGE
SEC. 101. MONITORED RETRIEVABLE STORAGE.
(a) Proposal.--Section 141(b) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10161(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``1985'' and inserting ``2019'';
and
(B) by striking ``the construction of'';
(2) in paragraph (2)--
(A) by amending subparagraph (C) to read as
follows:
``(C) designs, specifications, and cost estimates
sufficient to--
``(i) solicit bids for the construction of one or
more such facilities; and
``(ii) enable completion and operation of such a
facility as soon as practicable;'';
(B) in subparagraph (D), by striking ``this Act.''
and inserting ``this Act; and''; and
(C) by adding at the end the following:
``(E) options to enter into MRS agreements with respect to
one or more monitored retrievable storage facilities.''; and
(3) by amending paragraph (4) to read as follows:
``(4) The Secretary shall, not later than 90 days after the date of
enactment of the Nuclear Waste Policy Amendments Act of 2018, publish a
request for information to help the Secretary evaluate options for the
Secretary to enter into MRS agreements with respect to one or more
monitored retrievable storage facilities.''.
(b) Additional Amendments.--
(1) In general.--Section 141 of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10161) is further amended--
(A) in subsection (c)(2)--
(i) by striking ``If the Congress'' and all
that follows through ``monitored retrievable
storage facility, the'' and inserting ``The'';
and
(ii) by striking ``construction of such
facility'' and inserting ``construction of a
monitored retrievable storage facility''; and
(B) by striking subsections (d) through (h).
(2) Definitions.--Section 2 of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101) is amended--
(A) in paragraph (34), by striking ``the storage
facility'' and inserting ``a storage facility''; and
(B) by adding at the end the following:
``(35) The term `MRS agreement' means a cooperative
agreement, contract, or other mechanism that the Secretary
considers appropriate to support the storage of Department-
owned civilian waste in one or more monitored retrievable
storage facilities as authorized under section 142(b)(2).
``(36) The term `Department-owned civilian waste' means
high-level radioactive waste, or spent nuclear fuel, resulting
from civilian nuclear activities, to which the Department holds
title.''.
(3) Technical amendments.--Section 146 of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10166) is amended--
(A) in subsection (a), by striking ``such
subsection'' and inserting ``subsection (f) of such
section''; and
(B) in subsection (b), by striking ``this
subsection'' and inserting ``this section''.
SEC. 102. AUTHORIZATION AND PRIORITY.
Section 142 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10162) is amended by striking subsection (b) and inserting the
following:
``(b) Authorization.--Subject to the requirements of this subtitle,
the Secretary is authorized to--
``(1) site, construct, and operate one or more monitored
retrievable storage facilities; and
``(2) store, pursuant to an MRS agreement, Department-owned
civilian waste at a monitored retrievable storage facility for
which a non-Federal entity holds a license described in section
143(1).
``(c) Priority.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall prioritize storage of Department-owned civilian
waste at a monitored retrievable storage facility authorized
under subsection (b)(2).
``(2) Exception.--
``(A) Determination.--Paragraph (1) shall not apply
if the Secretary determines that it will be faster and
less expensive to site, construct, and operate a
facility authorized under subsection (b)(1), in
comparison to a facility authorized under subsection
(b)(2).
``(B) Notification.--Not later than 30 days after
the Secretary makes a determination described in
subparagraph (A), the Secretary shall submit to
Congress written notification of such determination.''.
SEC. 103. CONDITIONS FOR MRS AGREEMENTS.
(a) Amendment.--Section 143 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10163) is amended to read as follows:
``SEC. 143. CONDITIONS FOR MRS AGREEMENTS.
``(a) In General.--The Secretary may not enter into an MRS
agreement under section 142(b)(2) unless--
``(1) the monitored retrievable storage facility with
respect to which the MRS agreement applies has been licensed by
the Commission under the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.);
``(2) the non-Federal entity that is a party to the MRS
agreement has approval to store Department-owned civilian waste
at such facility from each of--
``(A) the Governor of the State in which the
facility is located;
``(B) any unit of general local government with
jurisdiction over the area in which the facility is
located; and
``(C) any affected Indian tribe;
``(3) except as provided in subsection (b), the Commission
has issued a final repository decision; and
``(4) the MRS agreement provides that the quantity of high-
level radioactive waste and spent nuclear fuel at the site of
the facility at any one time will not exceed the limits
described in section 148(d)(3) and (4).
``(b) Initial Agreement.--
``(1) Authorization.--The Secretary may enter into one MRS
agreement under section 142(b)(2) before the Commission has
issued a final repository decision.
``(2) Funding.--There are authorized to be appropriated to
carry out this subsection--
``(A) for each of fiscal years 2020 through 2022,
the greater of--
``(i) $50,000,000; or
``(ii) the amount that is equal to 10
percent of the amounts appropriated from the
Waste Fund in that fiscal year; and
``(B) for each of fiscal years 2023 through 2025,
the amount that is equal to 10 percent of the amounts
appropriated from the Waste Fund in that fiscal year.
``(3) Priority.--
``(A) In general.--An MRS agreement entered into
pursuant to paragraph (1) shall, to the extent
allowable under this Act (including under the terms of
the standard contract established in section 961.11 of
title 10, Code of Federal Regulations), provide for
prioritization of the storage of Department-owned
civilian waste that originated from facilities that
have ceased commercial operation.
``(B) No effect on standard contract.--Nothing in
subparagraph (A) shall be construed to amend or
otherwise alter the standard contract established in
section 961.11 of title 10, Code of Federal
Regulations.
``(4) Conditions.--
``(A) No storage.--Except as provided in
subparagraph (B), the Secretary may not store any
Department-owned civilian waste at the initial MRS
facility until the Commission has issued a final
repository decision.
``(B) Exception.--
``(i) Finding.--The Secretary may make a
finding that a final repository decision is
imminent, which finding shall be updated not
less often than quarterly until the date on
which the Commission issues a final repository
decision.
``(ii) Storage.--If the Secretary makes a
finding under clause (i), the Secretary may
store Department-owned civilian waste at the
initial MRS facility in accordance with this
section.
``(iii) Notice.--Not later than 7 days
after the Secretary makes or updates a finding
under clause (i), the Secretary shall submit to
Congress written notification of such finding.
``(iv) Reporting.--In addition to the
requirements of section 114(c), if the
Secretary makes a finding under clause (i), the
Secretary shall submit to Congress the report
described in such section 114(c) not later than
1 month after the Secretary makes such finding
and monthly thereafter until the date on which
the Commission issues a final repository
decision.
``(C) No effect on federal disposal policy.--
Nothing in this subsection affects the Federal
responsibility for the disposal of high-level
radioactive waste and spent nuclear fuel, or the
definite Federal policy with regard to the disposal of
such waste and spent fuel, established under subtitle
A, as described in section 111(b).
``(c) Definitions.--For purposes of this section:
``(1) Final repository decision.--The term `final
repository decision' means a final decision approving or
disapproving the issuance of a construction authorization for a
repository under section 114(d)(1).
``(2) Initial mrs facility.--The term `initial MRS
facility' means the monitored retrievable storage facility with
respect to which an MRS agreement is entered into pursuant to
subsection (b)(1).''.
(b) Conforming Amendment.--The item relating to section 143 in the
table of contents for the Nuclear Waste Policy Act of 1982 is amended
to read as follows:
``Sec. 143. Conditions for MRS agreements.''.
SEC. 104. SURVEY.
Section 144 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10164) is amended--
(1) by striking ``After the MRS Commission submits its
report to the Congress under section 143, the'' and inserting
``(a) In General.--The'';
(2) in the matter preceding paragraph (1), by striking
``for a monitored retrievable storage facility'' and inserting
``for any monitored retrievable storage facility authorized
under section 142'';
(3) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(4) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(5) by adding after paragraph (7) the following:
``(8) be acceptable to State authorities, affected units of
local government, and affected Indian tribes.
``(b) Request for Proposals.--The Secretary shall issue a request
for proposals for an MRS agreement authorized under section 142(b)(2)
before conducting a survey and evaluation under subsection (a), and
shall consider any proposals received in response to such request in
making the evaluation.''.
SEC. 105. SITE SELECTION.
Section 145 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10165) is amended--
(1) in subsection (a)--
(A) by striking ``select the site evaluated'' and
inserting ``select a site evaluated'';
(B) by striking ``the most''; and
(C) by inserting ``authorized under section
142(b)(1)'' after ``monitored retrievable storage
facility''; and
(2) by striking subsection (g).
SEC. 106. BENEFITS AGREEMENT.
Section 147 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10167) is amended--
(1) by inserting ``the Secretary intends to construct and
operate under section 142(b)(1)'' after ``storage facility'';
and
(2) by inserting ``or once a non-Federal entity enters into
an MRS agreement under section 142(b)(2),'' after ``section
145,''.
SEC. 107. LICENSING.
(a) Review of License Application.--Section 148(c) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10168(c)) is amended by striking
``section 142(b)'' and inserting ``section 142(b)(1)''.
(b) Licensing Conditions.--Section 148(d) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10168(d)) is amended--
(1) in paragraph (1), by striking ``has issued a license
for the construction of a repository under section 115(d)'' and
inserting ``has issued a final decision approving or
disapproving the issuance of a construction authorization for a
repository under section 114(d)(1)''; and
(2) in paragraph (2), by striking ``or construction of the
repository ceases''.
SEC. 108. FINANCIAL ASSISTANCE.
Section 149 of the Nuclear Waste Policy Act of 1982 is amended by
inserting ``authorized under section 142(b)(1)'' after ``a monitored
retrievable storage facility''.
TITLE II--PERMANENT REPOSITORY
SEC. 201. LAND WITHDRAWAL, JURISDICTION, AND RESERVATION.
(a) Land Withdrawal, Jurisdiction, and Reservation.--
(1) Land withdrawal.--Subject to valid existing rights and
except as provided otherwise in this section, the lands
described in subsection (c) are withdrawn permanently from all
forms of entry, appropriation, and disposal under the public
land laws, including the mineral leasing laws, the geothermal
leasing laws, and the mining laws.
(2) Jurisdiction.--Except as otherwise provided in this
section, jurisdiction over the withdrawal is vested in the
Secretary. There are transferred to the Secretary the lands
within the withdrawal under the jurisdiction of the Secretary
concerned on the effective date described in subsection (j)(1).
(3) Reservation.--The withdrawal is reserved for use by the
Secretary for development, preconstruction testing and
performance confirmation, licensing, construction, management
and operation, monitoring, closure, postclosure, and other
activities associated with the disposal of high-level
radioactive waste and spent nuclear fuel under the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.).
(b) Revocation and Modification of Public Land Orders and Rights-
of-Way.--
(1) Public land order revocation.--Public Land Order 6802
of September 25, 1990, as extended by Public Land Order 7534,
and any conditions or memoranda of understanding accompanying
those land orders, are revoked.
(2) Right-of-way reservations.--Project right-of-way
reservations N-48602 and N-47748 of January 2001, are revoked.
(c) Land Description.--
(1) Boundaries.--The lands and interests in lands withdrawn
and reserved by this section comprise the approximately 147,000
acres of land in Nye County, Nevada, as generally depicted on
the Yucca Mountain Project Map, YMP-03-024.2, entitled
``Proposed Land Withdrawal'' and dated July 21, 2005.
(2) Legal description and map.--Not later than 120 days
after the date of enactment of this Act, the Secretary of the
Interior shall--
(A) publish in the Federal Register a notice
containing a legal description of the withdrawal; and
(B) file copies of the maps described in paragraph
(1) and the legal description of the withdrawal with
the Congress, the Governor of the State of Nevada, and
the Archivist of the United States.
(3) Technical corrections.--The maps and legal description
referred to in this subsection have the same force and effect
as if they were included in this section. The Secretary of the
Interior may correct clerical and typographical errors in the
maps and legal description.
(d) Relationship to Other Reservations.--The provisions of subtitle
A of title XXX of the Military Lands Withdrawal Act of 1999 (sections
3011-3023 of Public Law 106-65) and of Public Land Order 2568 do not
apply to the lands withdrawn and reserved for use by the Secretary
under subsection (a). This Act does not apply to any other lands
withdrawn for use by the Department of Defense under subtitle A of
title XXX of the Military Lands Withdrawal Act of 1999.
(e) Management Responsibilities.--
(1) General authority.--The Secretary shall manage the
lands withdrawn by subsection (a) consistent with the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), this section, and other applicable law. The Secretary
shall consult with the Secretary concerned in discharging that
responsibility.
(2) Management plan.--
(A) Development.--The Secretary, after consulting
with the Secretary concerned, shall develop a
management plan for the use of the withdrawal. Within 3
years after the date of enactment of this Act, the
Secretary shall submit the management plan to the
Congress and the State of Nevada.
(B) Priority of yucca mountain project-related
issues.--Subject to subparagraphs (C) and (D), any use
of the withdrawal for activities not associated with
the Project is subject to conditions and restrictions
that the Secretary considers necessary or desirable to
permit the conduct of Project-related activities.
(C) Department of the air force uses.--The
management plan may provide for the continued use by
the Department of the Air Force of the portion of the
withdrawal within the Nellis Air Force Base Test and
Training Range under terms and conditions on which the
Secretary and the Secretary of the Air Force agree
concerning Air Force activities.
(D) Other non-yucca-mountain-project uses.--The
management plan shall provide for the maintenance of
wildlife habitat and shall provide that the Secretary
may permit non-Project-related uses that the Secretary
considers appropriate, including domestic livestock
grazing and hunting and trapping in accordance with the
following requirements:
(i) Grazing.--The Secretary may permit
grazing to continue where established before
the effective date described in subsection
(j)(1), subject to regulations, policies, and
practices that the Secretary, after consulting
with the Secretary of the Interior, determines
to be necessary or appropriate. The management
of grazing shall be conducted in accordance
with applicable grazing laws and policies,
including--
(I) the Act commonly known as the
``Taylor Grazing Act'' (43 U.S.C. 315
et seq.);
(II) title IV of the Federal Land
Policy and Management Act of 1976 (43
U.S.C. 1751 et seq.); and
(III) the Public Rangelands
Improvement Act of 1978 (43 U.S.C. 1901
et seq.).
(ii) Hunting and trapping.--The Secretary
may permit hunting and trapping within the
withdrawal where established before the
effective date described in subsection (k)(1),
except that the Secretary, after consulting
with the Secretary of the Interior and the
State of Nevada, may designate zones where, and
establish periods when, no hunting or trapping
is permitted for reasons of public safety,
national security, administration, or public
use and enjoyment.
(E) Mining.--
(i) In general.--Except as provided in
clause (ii), surface or subsurface mining or
oil or gas production, including slant drilling
from outside the boundaries of the withdrawal,
is not permitted at any time on lands on or
under the withdrawal. The Secretary of the
Interior shall evaluate and adjudicate the
validity of all unpatented mining claims on the
portion of the withdrawal that, on the date of
enactment of this Act, was under the control of
the Bureau of Land Management. The Secretary
shall provide just compensation for the
acquisition of any valid property right.
(ii) Cind-R-Lite mine.--Patented Mining
Claim No. 27-83-0002, covering the Cind-R-Lite
Mine, shall not be affected by establishment of
the withdrawal set forth in subsection (a)(1).
In that event, the Secretary shall provide just
compensation.
(F) Limited public access.--The management plan may
provide for limited public access to the portion of the
withdrawal under Bureau of Land Management control on
the effective date described in subsection (j)(1).
Permitted uses may include continuation of the Nye
County Early Warning Drilling Program, utility
corridors, and other uses the Secretary, after
consulting with the Secretary of the Interior,
considers consistent with the purposes of the
withdrawal.
(3) Closure.--If the Secretary, after consulting with the
Secretary concerned, determines that the health and safety of
the public or the common defense and security require the
closure of a road, trail, or other portion of the withdrawal,
or the airspace above the withdrawal, the Secretary may effect
and maintain the closure and shall provide notice of the
closure.
(4) Implementation.--The Secretary and the Secretary
concerned shall implement the management plan developed under
paragraph (2) under terms and conditions on which they agree.
(f) Immunity.--The United States and its departments and agencies
shall be held harmless and shall not be liable for damages to persons
or property suffered in the course of any mining, mineral leasing, or
geothermal leasing activity conducted on the withdrawal.
(g) Land Acquisition.--The Secretary may acquire lands and
interests in lands within the withdrawal. Those lands and interests in
lands may be acquired by donation, purchase, lease, exchange, easement,
rights-of-way, or other appropriate methods using donated or
appropriated funds. The Secretary of the Interior shall conduct any
exchange of lands within the withdrawal for Federal lands outside the
withdrawal.
(h) Material Requirements.--Notwithstanding any other provision of
law, no Federal, State, Interstate, or local requirement, either
substantive or procedural, that is referred to in section 6001(a) of
the Solid Waste Disposal Act (42 U.S.C. 6961(a)) applies with respect
to any material--
(1) as such material is transported to a repository for
disposal at such repository; or
(2) as, or after, such material is disposed of in a
repository.
(i) Definitions.--
(1) Nuclear waste policy act of 1982 definitions.--For
purposes of this section, the terms ``disposal'', ``high-level
radioactive waste'', ``repository'', ``Secretary'', and ``spent
nuclear fuel'' have the meaning given those terms in section 2
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(2) Other definitions.--For purposes of this section--
(A) the term ``withdrawal'' means the geographic
area consisting of the land described in subsection
(c);
(B) the term ``Secretary concerned'' means the
Secretary of the Air Force or the Secretary of the
Interior, or both, as appropriate; and
(C) the term ``Project'' means the Yucca Mountain
Project.
(j) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section shall take effect on the date on which the Nuclear
Regulatory Commission issues a final decision approving the
issuance of a construction authorization for a repository under
section 114(d)(1) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10134(d)) (as so designated by this Act).
(2) Exceptions.--Subsections (c), (e)(2)(A), (h), (i), and
(j) shall take effect on the date of enactment of this Act.
SEC. 202. APPLICATION PROCEDURES AND INFRASTRUCTURE ACTIVITIES.
(a) Status Report on Application.--Section 114(c) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10134(c)) is amended by striking
``the date on which such authorization is granted'' and inserting ``the
date on which the Commission issues a final decision approving or
disapproving such application''.
(b) Application Procedures and Infrastructure Activities.--Section
114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) is
amended--
(1) by striking ``The Commission shall consider'' and
inserting the following:
``(1) Applications for construction authorization.--The
Commission shall consider'';
(2) by striking ``the expiration of 3 years after the date
of the submission of such application'' and inserting ``30
months after the date of enactment of the Nuclear Waste Policy
Amendments Act of 2018'';
(3) by striking ``70,000 metric tons'' each place it
appears and inserting ``110,000 metric tons''; and
(4) by adding at the end the following new paragraphs:
``(2) Applications to amend.--If the Commission issues a
construction authorization for a repository pursuant to
paragraph (1) and the Secretary submits an application to amend
such authorization, the Commission shall consider the
application to amend using expedited, informal procedures,
including discovery procedures that minimize the burden on the
parties to produce documents. The Commission shall issue a
final decision on such application to amend within 1 year after
the date of submission of such application, except that the
Commission may extend such deadline by not more than 6 months
if, not less than 30 days before such deadline, the Commission
complies with the reporting requirements established in
subsection (e)(2).
``(3) Infrastructure activities.--
``(A) In general.--At any time before or after the
Commission issues a final decision approving or
disapproving the issuance of a construction
authorization for a repository pursuant to paragraph
(1), the Secretary may undertake infrastructure
activities that the Secretary considers necessary or
appropriate to support construction or operation of a
repository at the Yucca Mountain site or transportation
to such site of spent nuclear fuel and high-level
radioactive waste. Infrastructure activities include
safety upgrades, site preparation, the construction of
a rail line to connect the Yucca Mountain site with the
national rail network (including any facilities to
facilitate rail operations), and construction, upgrade,
acquisition, or operation of electrical grids or
facilities, other utilities, communication facilities,
access roads, and nonnuclear support facilities.
``(B) Environmental analysis.--If the Secretary
determines that an environmental analysis is required
under the National Environmental Policy Act of 1969
with respect to an infrastructure activity undertaken
under this paragraph, the Secretary need not consider
alternative actions or a no-action alternative. To the
extent any other Federal agency must consider the
potential environmental impact of such an
infrastructure activity, the agency shall adopt, to the
extent practicable, any environmental analysis prepared
by the Secretary under this subparagraph without
further action. Such adoption satisfies the
responsibilities of the adopting agency under the
National Environmental Policy Act of 1969, and no
further action is required by the agency.
``(C) No grounds for disapproval.--The Commission
may not disapprove, on the grounds that the Secretary
undertook an infrastructure activity under this
paragraph--
``(i) the issuance of a construction
authorization for a repository pursuant to
paragraph (1);
``(ii) a license to receive and possess
spent nuclear fuel and high-level radioactive
waste; or
``(iii) any other action concerning the
repository.''.
(c) Connected Actions.--Section 114(f)(6) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10134(f)(6)) is amended by striking ``or
nongeologic alternatives to such site'' and inserting ``nongeologic
alternatives to such site, or an action connected or otherwise related
to the repository to the extent the action is undertaken outside the
geologic repository operations area and does not require a license from
the Commission''.
SEC. 203. PENDING REPOSITORY LICENSE APPLICATION.
Nothing in this Act or the amendments made by this Act shall be
construed to require the Secretary to amend or otherwise modify an
application for a construction authorization described in section
114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d))
pending as of the date of enactment of this Act.
SEC. 204. LIMITATION ON PLANNING, DEVELOPMENT, OR CONSTRUCTION OF
DEFENSE WASTE REPOSITORY.
(a) Limitation.--The Secretary of Energy may not take any action
relating to the planning, development, or construction of a defense
waste repository until the date on which the Nuclear Regulatory
Commission issues a final decision approving or disapproving the
issuance of a construction authorization for a repository under section
114(d)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d))
(as so designated by this Act).
(b) Definitions.--In this section--
(1) the terms ``atomic energy defense activity'', ``high-
level radioactive waste'', ``repository'', and ``spent nuclear
fuel'' have the meanings given those terms in section 2 of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101); and
(2) the term ``defense waste repository'' means the
repository for high-level radioactive waste and spent nuclear
fuel derived from the atomic energy defense activities of the
Department of Energy, as described in the draft plan of the
Department titled ``Draft Plan for a Defense Waste Repository''
published on December 16, 2016.
SEC. 205. SENSE OF CONGRESS REGARDING TRANSPORTATION ROUTES.
It is the sense of Congress that the Secretary of Energy should
consider routes for the transportation of spent nuclear fuel or high-
level radioactive waste transported by or for the Secretary under
subtitle A of title I of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10131 et seq.) to the Yucca Mountain site that, to the extent
practicable, avoid Las Vegas, Nevada.
TITLE III--DOE CONTRACT PERFORMANCE
SEC. 301. TITLE TO MATERIAL.
Section 123 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10143) is amended--
(1) by striking ``Delivery'' and inserting ``(a) In
General.--Delivery'';
(2) by striking ``repository constructed under this
subtitle'' and inserting ``repository or monitored retrievable
storage facility''; and
(3) by adding at the end the following new subsection:
``(b) Contract Modification.--The Secretary may enter into new
contracts or negotiate modifications to existing contracts, with any
person who generates or holds title to high-level radioactive waste or
spent nuclear fuel of domestic origin, for acceptance of title,
subsequent transportation, and storage of such high-level radioactive
waste or spent nuclear fuel (including to expedite such acceptance of
title, transportation, and storage of such waste or fuel from
facilities that have ceased commercial operation) at a monitored
retrievable storage facility authorized under subtitle C.''.
TITLE IV--BENEFITS TO HOST COMMUNITY
SEC. 401. CONSENT.
Section 170 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10173) is amended--
(1) in subsection (c), by striking ``shall offer'' and
inserting ``may offer'';
(2) in subsection (d), by striking ``shall'' and inserting
``may'';
(3) in subsection (e)--
(A) by inserting a comma after ``repository''; and
(B) by inserting ``per State,'' after ``facility'';
and
(4) by adding at the end the following new subsection:
``(g) Consent.--The acceptance or use of any of the benefits
provided under a benefits agreement under this section by the State of
Nevada shall not be considered to be an expression of consent, express
or implied, to the siting of a repository in such State.''.
SEC. 402. CONTENT OF AGREEMENTS.
(a) Benefits Schedule.--The table in section 171(a)(1) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10173a(a)(1)) is amended to
read as follows:
``BENEFITS SCHEDULE
----------------------------------------------------------------------------------------------------------------
Event MRS Repository
----------------------------------------------------------------------------------------------------------------
(A) Annual payments prior to first spent fuel receipt......... $5,000,000 $15,000,000
----------------------------------------------------------------------------------------------------------------
(B) Upon first spent fuel receipt............................. $10,000,000 $400,000,000
----------------------------------------------------------------------------------------------------------------
(C) Annual payments after first spent fuel receipt until $10,000,000 $40,000,000''.
closure of the facility......................................
----------------------------------------------------------------------------------------------------------------
(b) Restrictions on Use.--Section 171(a) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10173a(a)) is amended--
(1) in paragraph (6), by striking ``paragraph (7)'' and
inserting ``paragraphs (7) and (8)''; and
(2) by adding at the end the following new paragraph:
``(8) None of the payments under this section may be used--
``(A) directly or indirectly to influence legislative
action on any matter pending before Congress or a State
legislature or for any lobbying activity as provided in section
1913 of title 18, United States Code;
``(B) for litigation purposes; or
``(C) to support multistate efforts or other coalition-
building activities inconsistent with the siting, construction,
or operation of the monitored retrievable storage facility or
repository concerned.''.
(c) Contents.--Section 171(b) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10173a(b)) is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively; and
(3) in paragraph (3) (as redesignated by paragraph (2) of
this subsection), by striking ``in the design of the repository
or monitored retrievable storage facility and''.
(d) Payments by Secretary.--Section 171(c) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10173a(c)) is amended to read as follows:
``(c) Payments by Secretary.--The Secretary shall make payments to
the State of Nevada under a benefits agreement concerning a repository
under section 170 from the Waste Fund. The signature of the Secretary
on a valid benefits agreement under this subtitle shall constitute a
commitment, but only to the extent that all amounts for that purpose
are provided in advance in subsequent appropriations Acts, by the
Secretary to make payments in accordance with such agreement.''.
SEC. 403. COVERED UNITS OF LOCAL GOVERNMENT.
(a) In General.--The Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101 et seq.) is amended by inserting after section 172 the following
new section:
``SEC. 172A. COVERED UNITS OF LOCAL GOVERNMENT.
``(a) Benefits Agreement.--Not earlier than 1 year after the date
of enactment of this section, the Secretary may enter into a benefits
agreement with any covered unit of local government concerning a
repository for the acceptance of high-level radioactive waste or spent
nuclear fuel in the State of Nevada.
``(b) Content of Agreements.--In addition to any benefits that a
covered unit of local government may receive under this Act, the
Secretary shall make payments to such covered unit of local government
that is a party to a benefits agreement under subsection (a) to
mitigate impacts described in section 175(b).
``(c) Payments From Waste Fund.--The Secretary shall make payments
to a covered unit of local government under a benefits agreement under
this section from the Waste Fund.
``(d) Restriction on Use.--None of the payments made pursuant to a
benefits agreement under this section may be used--
``(1) directly or indirectly to influence legislative
action on any matter pending before Congress or a State
legislature or for any lobbying activity as provided in section
1913 of title 18, United States Code;
``(2) for litigation purposes; or
``(3) to support multistate efforts or other coalition-
building activities inconsistent with the siting, construction,
or operation of the repository.
``(e) Consent.--The acceptance or use of any of the benefits
provided under a benefits agreement under this section by any covered
unit of local government shall not be considered to be an expression of
consent, express or implied, to the siting of a repository in the State
of Nevada.
``(f) Covered Unit of Local Government Defined.--In this section,
the term `covered unit of local government' means--
``(1) any affected unit of local government with respect to
a repository; and
``(2) any unit of general local government in the State of
Nevada.''.
(b) Conforming Amendments.--
(1) Benefits agreement.--Section 170(a)(4) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10173(a)(4)) is amended to
read as follows:
``(4) Benefits and payments under this subtitle made available
pursuant to a benefits agreement under this section or section 172A may
be made available only in accordance with such benefits agreement and
to the extent that all amounts for that purpose are provided in advance
in subsequent appropriations Acts.''.
(2) Limitation.--Section 170(e) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10173(e)) is further amended by
inserting ``under this section'' after ``may be in effect''.
(3) Table of contents.--The table of contents for the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 note) is
amended by adding after the item relating to section 172, the
following:
``Sec. 172A. Covered units of local government.''.
SEC. 404. TERMINATION.
Section 173 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10173c) is amended--
(1) in subsection (a)--
(A) by striking ``under this title if'' and
inserting ``under this title'';
(B) in paragraph (1), by inserting ``concerning a
repository or a monitored retrievable storage facility,
if'' before ``the site under consideration''; and
(C) in paragraph (2), by striking ``the Secretary
determines that the Commission cannot license the
facility within a reasonable time'' and inserting
``concerning a repository, if the Commission issues a
final decision disapproving the issuance of a
construction authorization for a repository under
section 114(d)(1)''; and
(2) by amending subsection (b) to read as follows:
``(b) Termination by State or Indian Tribe.--A State, covered unit
of local government (as defined in section 172A), or Indian tribe may
only terminate a benefits agreement under this title--
``(1) concerning a repository or a monitored retrievable
storage facility, if the Secretary disqualifies the site under
consideration for its failure to comply with technical
requirements established by the Secretary in accordance with
this Act; or
``(2) concerning a repository, if the Commission issues a
final decision disapproving the issuance of a construction
authorization for a repository under section 114(d)(1).''.
SEC. 405. PRIORITY FUNDING FOR CERTAIN INSTITUTIONS OF HIGHER
EDUCATION.
(a) In General.--Subtitle G of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10174 et seq.) is amended by adding at the end the following
new section:
``SEC. 176. PRIORITY FUNDING FOR CERTAIN INSTITUTIONS OF HIGHER
EDUCATION.
``(a) In General.--In providing any funding to institutions of
higher education from the Waste Fund, the Secretary shall prioritize
institutions of higher education that are located in the State of
Nevada.
``(b) Definition.--In this section, the term `institution of higher
education' has the meaning given that term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).''.
(b) Conforming Amendment.--The table of contents for the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101 note) is amended by adding
after the item relating to section 175, the following:
``Sec. 176. Priority funding for certain institutions of higher
education.''.
SEC. 406. DISPOSAL OF SPENT NUCLEAR FUEL.
Section 122 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10142) is amended by adding at the end the following: ``Any economic
benefits derived from the retrieval of spent nuclear fuel pursuant to
this section shall be shared with the State in which the repository is
located, affected units of local government, and affected Indian
tribes.''.
SEC. 407. UPDATED REPORT.
Section 175(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10174a(a)) is amended by striking ``Nuclear Waste Policy Amendments Act
of 1987'' and inserting ``Nuclear Waste Policy Amendments Act of
2018''.
TITLE V--FUNDING
SEC. 501. ASSESSMENT AND COLLECTION OF FEES.
(a) In General.--Section 302(a)(4) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10222(a)(4)) is amended--
(1) in the first sentence--
(A) by striking ``(4) Not later than'' and
inserting the following:
``(4) Assessment, collection, and payment of fees.--
``(A) Assessment of fees.--Not later than'';
(B) by striking ``the date of enactment of this
Act'' and inserting ``the date of enactment of the
Nuclear Waste Policy Amendments Act of 2018''; and
(C) by striking ``collection and payment'' and
inserting ``assessment'';
(2) in the second sentence, by striking ``collection of the
fee'' and inserting ``such amount'';
(3) in the third sentence, by striking ``are being
collected'' and inserting ``will result from such amounts'';
(4) in the fifth sentence, by striking ``a period of 90
days of continuous session'' and all that follows through the
period at the end and inserting ``the date that is 180 days
after the date of such transmittal.''; and
(5) by adding at the end the following:
``(B) Collection and payment of fees.--
``(i) In general.--Not later than 180 days
after the date of enactment of Nuclear Waste
Policy Amendments Act of 2018, the Secretary
shall establish procedures for the collection
and payment of the fees established by
paragraph (2) and paragraph (3), or adjusted
pursuant to subparagraph (A).
``(ii) Limitation on collection.--The
Secretary may not collect a fee established
under paragraph (2), including a fee
established under paragraph (2) and adjusted
pursuant to subparagraph (A)--
``(I) until the date on which the
Commission issues a final decision
approving or disapproving the issuance
of a construction authorization for a
repository under section 114(d)(1); and
``(II) after such date, in an
amount that will cause the total amount
of fees collected under this subsection
in any fiscal year to exceed 90 percent
of the amounts appropriated for that
fiscal year for purposes described in
subsection (d).
The limitation in subclause (II) shall not
apply during a fiscal year if, at any time
during that fiscal year, the Waste Fund has a
balance of zero.
``(iii) Payment of full amounts.--
Notwithstanding the noncollection of a fee by
the Secretary pursuant to clause (ii) in any
fiscal year, a person who has entered into a
contract with the Secretary under this
subsection shall pay any uncollected amounts
when determined necessary by the Secretary,
subject to clause (ii), for purposes described
in subsection (d).''.
(b) Authority To Modify Contracts.--The Secretary of Energy may
seek to modify a contract entered into under section 302(a) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) before the date
of enactment of this Act to ensure that the contract complies with the
provisions of such section, as amended by this Act.
(c) Technical and Conforming Amendments.--Section 302(a) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) is amended--
(1) in paragraph (1), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (2), (3), and (4)'';
(2) in paragraph (3), by striking ``126(b)''; and
(3) in paragraph (4), by striking ``insure'' and inserting
``ensure''.
SEC. 502. USE OF WASTE FUND.
(a) In General.--Section 302(d) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10222(d)) is amended--
(1) in paragraph (1), by striking ``maintenance and
monitoring'' and all that follows through the semicolon at the
end and inserting ``maintenance and monitoring of any
repository or test and evaluation facility constructed under
this Act;'';
(2) in paragraph (4), by striking ``to be disposed of'' and
all that follows through the semicolon at the end and inserting
``to be disposed of in a repository or to be used in a test and
evaluation facility;'';
(3) in paragraph (5), by striking ``at a repository site''
and all that follows through the end and inserting ``at a
repository site or a test and evaluation facility site and
necessary or incident to such repository or test and evaluation
facility;'';
(4) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(5) by inserting after paragraph (6) the following:
``(7) payments under benefits agreements for a repository
entered into under section 170 or 172A.''.
(b) Conforming Amendments.--Section 117(d) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10137(d)) is amended by inserting
``designated with respect to a repository'' after ``such
representatives''.
SEC. 503. ANNUAL MULTIYEAR BUDGET PROPOSAL.
Section 302(e)(2) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222(e)(2)) is amended by striking ``triennially'' and
inserting ``annually''.
SEC. 504. AVAILABILITY OF CERTAIN AMOUNTS.
Section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222) is amended by adding at the end the following:
``(f) Limitation on Funding.--
``(1) In general.--Beginning on the date of first spent
fuel receipt at a repository, no amount may be appropriated in
any fiscal year for activities relating to the repository,
including transportation of additional spent fuel to the
repository and operation of the repository, unless the
applicable amount required with respect to the repository under
section 171(a)(1)(B) or section 171(a)(1)(C) is appropriated
for that fiscal year.
``(2) Definition.--In this subsection, the terms `spent
fuel' and `first spent fuel receipt' have the meaning given
such terms in section 171(a).
``(g) Offsetting Funding.--
``(1) In general.--Fees collected after the date of
enactment of the Nuclear Waste Policy Amendments Act of 2018
pursuant to subsection (a) shall be credited to the Waste Fund
and available, to the extent provided in advance in
appropriation Acts and consistent with the requirements of this
section, to carry out activities authorized to be funded from
the Waste Fund.
``(2) Offsetting collection.--Fees collected in a fiscal
year pursuant to paragraph (1) shall be deposited and credited
as offsetting collections to the account providing
appropriations for such activities and shall be classified as
discretionary appropriations as defined by section 250(c)(7) of
the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 900(c)(7)).
``(3) Estimates.--For the purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et
seq.) and the Congressional Budget Act of 1974 (2 U.S.C. 621 et
seq.) and for determining points of order pursuant to that Act
or any concurrent resolution on the budget, an estimate
provided under those Acts for a provision in a bill or joint
resolution, or amendment thereto or conference report thereon,
that provides discretionary appropriations, derived from
amounts in the Waste Fund, for such activities shall include in
that estimate the amount of such fees that will be collected
during the fiscal year for which such appropriation is made
available. Any such estimate shall not include any change in
net direct spending as result in the appropriation of such
fees.''.
TITLE VI--MISCELLANEOUS
SEC. 601. CERTAIN STANDARDS AND CRITERIA.
(a) Generally Applicable Standards and Criteria.--
(1) Environmental protection agency standards.--
(A) Determination and report.--Not later than 2
years after the Nuclear Regulatory Commission has
issued a final decision approving or disapproving the
issuance of a construction authorization for a
repository under section 114(d)(1) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10134(d)) (as so
designated by this Act), the Administrator of the
Environmental Protection Agency shall--
(i) determine if the generally applicable
standards promulgated under section 121(a) of
the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10141(a)) should be updated; and
(ii) submit to Congress a report on such
determination.
(B) Rule.--If the Administrator of the
Environmental Protection Agency determines, under
subparagraph (A), that the generally applicable
standards promulgated under section 121(a) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10141(a))
should be updated, the Administrator, not later than 2
years after submission of the report under subparagraph
(A)(ii), shall, by rule, promulgate updated generally
applicable standards under such section.
(2) Commission requirements and criteria.--Not later than 2
years after the Administrator of the Environmental Protection
Agency promulgates updated generally applicable standards
pursuant to paragraph (1)(B), the Commission shall, by rule,
promulgate updated technical requirements and criteria under
section 121(b) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10141(b)) as necessary to be consistent with such
updated generally applicable standards.
(b) Site-Specific Standards and Criteria.--Nothing in this section
shall affect the standards, technical requirements, and criteria
promulgated by the Administrator of the Environmental Protection Agency
and the Nuclear Regulatory Commission for the Yucca Mountain site under
section 801 of the Energy Policy Act of 1992 (42 U.S.C. 10141 note).
SEC. 602. APPLICATION.
Section 135 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10155) is amended by striking subsection (h) and redesignating
subsection (i) as subsection (h).
SEC. 603. TRANSPORTATION SAFETY ASSISTANCE.
Section 180(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10175(c)) is amended--
(1) by striking ``(c) The Secretary'' and inserting the
following:
``(c) Training and Assistance.--
``(1) Training.--The Secretary''; and
(2) by striking ``The Waste Fund'' and inserting the
following:
``(2) Assistance.--The Secretary shall, subject to the
availability of appropriations, provide in-kind, financial,
technical, and other appropriate assistance, for safety
activities related to the transportation of high-level
radioactive waste or spent nuclear fuel, to any entity
receiving technical assistance or funds under paragraph (1).
``(3) Source of funding.--The Waste Fund''.
SEC. 604. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.
(a) Amendment to the Nuclear Waste Policy Act of 1982.--Subsection
(b) of section 304 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10224(b)) is amended to read as follows:
``(b) Director.--
``(1) Functions.--The Director of the Office shall be
responsible for carrying out the functions of the Secretary
under this Act. The Director of the Office shall report
directly to the Secretary.
``(2) Qualifications.--The Director of the Office shall be
appointed from among persons who have extensive expertise and
experience in organizational and project management.
``(3) Tenure.--The Director of the Office may serve not
more than two 5-year terms.
``(4) Service during interim period.--Upon expiration of
the Director's term, the Director may continue to serve until
the earlier of--
``(A) the date on which a new Director is
confirmed; or
``(B) the date that is 1 year after the date of
such expiration.
``(5) Removal.--The President may remove the Director only
for inefficiency, neglect of duty, or malfeasance in office. If
the President removes the Director, the President shall submit
to Congress a statement explaining the reason for such
removal.''.
(b) Transfer of Functions.--
(1) Amendment.--Section 203(a) of the Department of Energy
Organization Act (42 U.S.C. 7133(a)) is amended by striking
paragraph (8).
(2) Transfer of functions.--The functions described in the
paragraph (8) stricken by the amendment made by paragraph (1)
shall be transferred to and performed by the Office of Civilian
Radioactive Waste Management, as provided in section 304 of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10224).
(c) Technical Amendment.--Section 2(17) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101(17)) is amended by striking ``section
305'' and inserting ``section 304''.
SEC. 605. WEST LAKE LANDFILL.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall submit to
Congress a report containing the final remedy to be implemented at the
West Lake Landfill and the expected timeline for implementation of such
final remedy.
SEC. 606. SUBSEABED OR OCEAN WATER DISPOSAL.
(a) Prohibition.--Section 5 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10104) is amended--
(1) by striking ``Nothing in this Act'' and inserting:
``(a) Effect on Marine Protection, Research, and Sanctuaries Act of
1972.--Nothing in this Act''; and
(2) by adding at the end the following new subsection:
``(b) Subseabed or Ocean Water Disposal.--Notwithstanding any other
provision of law--
``(1) the subseabed or ocean water disposal of spent
nuclear fuel or high-level radioactive waste is prohibited; and
``(2) no funds shall be obligated for any activity relating
to the subseabed or ocean water disposal of spent nuclear fuel
or high-level radioactive waste.''.
(b) Repeal.--Section 224 of the Nuclear Waste Policy Act of 1982,
and the item relating thereto in the table of contents for such Act,
are repealed.
SEC. 607. SENSE OF CONGRESS REGARDING STORAGE OF NUCLEAR WASTE NEAR THE
GREAT LAKES.
It is the Sense of Congress that the Governments of the United
States and Canada should not allow permanent or long-term storage of
spent nuclear fuel or other radioactive waste near the Great Lakes.
SEC. 608. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this Act
and the amendments made by this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this Act and
the amendments made by this Act shall not be entered on any PAYGO
scorecard maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
SEC. 609. REQUIREMENT FOR FINANCIAL STATEMENTS SUMMARY.
The Department of Energy shall include a financial statements
summary in each audit report on the Department of Energy Nuclear Waste
Fund's fiscal year financial statement audit.
SEC. 610. STRANDED NUCLEAR WASTE.
(a) Stranded Nuclear Waste Task Force.--
(1) Establishment.--The Secretary shall establish a task
force, to be known as the Stranded Nuclear Waste Task Force--
(A) to conduct a study on existing public and
private resources and funding for which affected
communities may be eligible; and
(B) to develop immediate and long-term economic
adjustment plans tailored to the needs of each affected
community.
(2) Study.--Not later than 180 days after the date of
enactment of this Act, the Stranded Nuclear Waste Task Force
shall complete and submit to Congress the study described in
paragraph (1).
(b) Definitions.--In this section:
(1) Affected community.--The term ``affected community''
means a municipality that contains stranded nuclear waste
within the boundaries of the municipality, as determined by the
Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Stranded nuclear waste.--The term ``stranded nuclear
waste'' means nuclear waste or spent nuclear fuel stored in dry
casks or spent fuel
pools at a decommissioned or decommissioning nuclear facility.
Passed the House of Representatives May 10, 2018.
Attest:
KAREN L. HAAS,
Clerk.