Home > 105th Congressional Bills > H.R. 1270 (rh) To amend the Nuclear Waste Policy Act of 1982. ...H.R. 1270 (rh) To amend the Nuclear Waste Policy Act of 1982. ...
``(b) Termination.--Such grants shall continue until such time as
all such activities, development, and operations are terminated at such
site.
``(c) Assistance to Indian Tribes and Units of Local Government.--
``(1) Period.--Any affected Indian tribe or affected unit
of local government may not receive any grant under subsection
(a) after the expiration of the 1-year period following the
date on which the Secretary notifies the affected Indian tribe
or affected unit of local government of the termination of the
operation of the integrated management system.
``(2) Activities.--Any affected Indian tribe or affected
unit of local government may not receive any further assistance
under this section if the integrated management system
activities at such site are terminated by the Secretary or if
such activities are permanently enjoined by any court.
``TITLE IV--FUNDING AND ORGANIZATION
``SEC. 401. PROGRAM FUNDING.
``(a) Contracts.--
``(1) Authority of secretary.--In the performance of the
Secretary's functions under this Act, the Secretary is
authorized to enter into contracts with any person who
generates or holds title to spent nuclear fuel or high-level
radioactive waste of domestic origin for the acceptance of
title and possession, transportation, interim storage, and
disposal of such spent fuel or waste upon the payment of fees
in accordance with paragraphs (2) and (3). Except as provided
in paragraph (3), fees assessed pursuant to this paragraph
shall be paid to the Treasury of the United States and shall be
available for use by the Secretary pursuant to this section
until expended.
``(2) Annual fees.--
``(A) Electricity.--
``(i) In general.--Under a contract entered
into under paragraph (1) there shall be a fee
for electricity generated by civilian nuclear
power reactors and sold on or after the date of
enactment of this Act. The aggregate amount of
such fees collected during each fiscal year
shall be no greater than the annual level of
appropriations for expenditures on the
integrated management system for that fiscal
year, minus--
``(I) any unobligated balance of
fees collected during the previous
fiscal year; and
``(II) such appropriations required
to be funded by the Federal Government
pursuant to section 403.
``(ii) Fee level.--The Secretary shall
determine the level of the annual fee for each
civilian nuclear power reactor based on the
amount of electricity generated and sold,
except that for the period commencing with
fiscal year 1999 and continuing through the
fiscal year in which disposal at the repository
commences--
``(I) the average annual fee
collected under this subparagraph shall
not exceed 1.0 mill per-kilowatt hour
generated and sold; and
``(II) the fee in any fiscal year
in such period shall not exceed 1.5
mill per kilowatt hour generated and
sold.
Thereafter, the annual fee collected under this
subparagraph shall not exceed 1.0 mill per-
kilowatt hour generated and sold. Fees assessed
pursuant to this subparagraph shall be paid to
the Treasury of the United States and shall be
available for use by the Secretary pursuant to
this section until expended.
``(B) Expenditures if shortfall.--If, during any
fiscal year, the aggregate amount of fees assessed
pursuant to subparagraph (A) is less than the annual
level of appropriations for expenditures on those
activities specified in subsection (d) for that fiscal
year, minus--
``(i) any unobligated balance collected
pursuant to this section during the previous
fiscal year, and
``(ii) such appropriations required to be
funded by the Federal Government pursuant to
section 403,
the Secretary may make expenditures from the Nuclear
Waste Fund up to the level of appropriations.
``(C) Rules.--The Secretary shall, by rule,
establish procedures necessary to implement this
paragraph.
``(3) One-time fees.--The one-time fees collected under
contracts executed under section 302(a) of the Nuclear Waste
Policy Act of 1982 before the date of enactment of this Act on
spent nuclear fuel, or high-level radioactive waste derived
from spent nuclear fuel, which fuel was used to generate
electricity in a civilian nuclear power reactor before April 7,
1983, shall be paid to the Nuclear Waste Fund. The Secretary
shall collect all such fees before the expiration of fiscal
year 2002. The Commission shall suspend the license of any
licensee who fails or refuses to pay the full amount of the fee
referred to in this paragraph and the license shall remain
suspended until the full amount of the fee referred to in this
paragraph is paid. In paying such a fee, the person delivering
such spent nuclear fuel or high-level radioactive wastes, to
the Secretary shall have no further financial obligation under
this paragraph to the Federal Government for the long-term
storage and permanent disposal of such spent nuclear fuel or
high-level radioactive waste.
``(b) Advance Contracting Requirement.--
``(1) In general.--
``(A) License issuance and renewal.--The Commission
shall not issue or renew a license to any person to use
a utilization or production facility under the
authority of section 103 or 104 of the Atomic Energy
Act of 1954 (42 U.S.C. 2133, 2134) unless--
``(i) such person has entered into a
contract under subsection (a) with the
Secretary; or
``(ii) the Secretary affirms in writing
that such person is actively and in good faith
negotiating with the Secretary for a contract
under subsection (a).
``(B) Precondition.--The Commission, as it deems
necessary or appropriate, may require as a precondition
to the issuance or renewal of a license under section
103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C.
2133, 2134) that the applicant for such license shall
have entered into an agreement with the Secretary for
the disposal of spent nuclear fuel and high-level
radioactive waste that may result from the use of such
license.
``(2) Disposal in repository.--Except as provided in
paragraph (1), no spent nuclear fuel or high-level radioactive
waste generated or owned by any person (other than a department
of the United States referred to in section 101 or 102 of title
5, United States Code) may be disposed of by the Secretary in
the repository unless the generator or owner of such spent fuel
or waste has entered into a contract under subsection (a) with
the Secretary by not later than the date on which such
generator or owner commences generation of, or takes title to,
such spent fuel or waste.
``(3) Assignment.--The rights and duties of a party to a
contract entered into under this section may be assignable with
transfer of title to the spent nuclear fuel or high-level
radioactive waste involved.
``(4) Disposal condition.--No spent nuclear fuel or high-
level radioactive waste generated or owned by any department of
the United States referred to in section 101 or 102 of title 5,
United States Code, may be stored or disposed of by the
Secretary at the interim storage facility or repository in the
integrated management system developed under this Act unless,
in each fiscal year, such department funds its appropriate
portion of the costs of such storage and disposal as specified
in section 403.
``(c) Nuclear Waste Fund.--
``(1) In general.--The Nuclear Waste Fund established in
the Treasury of the United States under section 302(c) of the
Nuclear Waste Policy Act of 1982 shall continue in effect under
this Act and shall consist of--
``(A) all receipts, proceeds, and recoveries
realized by the Secretary before the date of enactment
of this Act;
``(B) any appropriations made by the Congress
before the date of enactment of this Act to the Nuclear
Waste Fund;
``(C) all interest paid on amounts invested by the
Secretary of the Treasury under paragraph (3)(B); and
``(D) the one-time fees collected pursuant to
subsection (a)(3).
``(2) Use.--The Nuclear Waste Fund shall be used only for
purposes of the integrated management system.
``(3) Administration of nuclear waste fund.--
``(A) In general.--The Secretary of the Treasury
shall hold the Nuclear Waste Fund and, after
consultation with the Secretary, annually report to the
Congress on the financial condition and operations of
the Nuclear Waste Fund during the preceding fiscal
year.
``(B) Amounts in excess of current needs.--If the
Secretary determines that the Nuclear Waste Fund
contains at any time amounts in excess of current
needs, the Secretary may request the Secretary of the
Treasury to invest such amounts, or any portion of such
amounts as the Secretary determines to be appropriate,
in obligations of the United States--
``(i) having maturities determined by the
Secretary of the Treasury to be appropriate to
the needs of the Nuclear Waste Fund; and
``(ii) bearing interest at rates determined
to be appropriate by the Secretary of the
Treasury, taking into consideration the current
average market yield on outstanding marketable
obligations of the United States with remaining
periods to maturity comparable to the
maturities of such investments, except that the
interest rate on such investments shall not
exceed the average interest rate applicable to
existing borrowings.
``(C) Exemption.--Receipts, proceeds, and
recoveries realized by the Secretary under this
section, and expenditures of amounts from the Nuclear
Waste Fund, shall be exempt from annual apportionment
under the provisions of subchapter II of chapter 15 of
title 31, United States Code.
``(d) Use of Appropriated Funds.--During each fiscal year, the
Secretary may make expenditures of funds collected after the date of
enactment of this Act under this section and section 403, up to the
level of appropriations for that fiscal year pursuant to subsection (f)
only for purposes of the integrated management system.
``(e) Prohibition on Use of Appropriations and Nuclear Waste
Fund.--The Secretary shall not make expenditures of funds collected
pursuant to this section or section 403 to design or construct packages
for the transportation, storage, or disposal of spent nuclear fuel from
civilian nuclear power reactors.
``(f) Appropriations.--
``(1) Budget.--The Secretary shall submit the budget for
implementation of the Secretary's responsibilities under this
Act to the Office of Management and Budget triennially along
with the budget of the Department of Energy submitted at such
time in accordance with chapter 11 of title 31, United States
Code. The budget shall consist of the estimates made by the
Secretary of expenditures under this Act and other relevant
financial matters for the succeeding 3 fiscal years, and shall
be included in the budget of the United States Government.
``(2) Appropriations.--Appropriations shall be subject to
triennial authorization. During each fiscal year, the Secretary
may make expenditures, up to the level of appropriations, out
of the funds collected pursuant to this section and section
403, if the Secretary transmits the amounts appropriated for
implementation of this Act to the Commission and the Nuclear
Waste Technical Review Board in appropriate proportion to the
collection of such funds.
``(g) Effective Date.--This section shall take effect October 1,
1998, and section 302 of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222) shall continue in effect until October 1, 1998.
``SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.
``(a) Continuation of Office of Civilian Radioactive Waste
Management.--The Office of Civilian Radioactive Waste Management
established under section 304(a) of the Nuclear Waste Policy Act of
1982 as constituted prior to the date of enactment of this Act, shall
continue in effect subsequent to the date of enactment of this Act.
``(b) Functions of Director.--The Director of the Office shall be
responsible for carrying out the functions of the Secretary under this
Act, subject to the general supervision of the Secretary. The Director
of the Office shall be directly responsible to the Secretary.
``(c) Audits.--
``(1) Standard.--The Office of Civilian Radioactive Waste
Management, its contractors, and subcontractors at all tiers,
shall conduct, or have conducted, audits and examinations of
their operations in accordance with the usual and customary
practices of private corporations engaged in large nuclear
construction projects consistent with its role in the program.
``(2) Time.--The management practices and performances of
the Office of Civilian Radioactive Waste Management shall be
audited every 5 years by an independent management consulting
firm with significant experience in similar audits of private
corporations engaged in large nuclear construction projects.
The first such audit shall be conducted 5 years after the date
of enactment of this Act.
``(3) Comptroller general.--The Comptroller General of the
United States shall annually make an audit of the Office, in
accordance with such regulations as the Comptroller General may
prescribe. The Comptroller General shall have access to such
books, records, accounts, and other materials of the Office as
the Comptroller General determines to be necessary for the
preparation of such audit. The Comptroller General shall submit
to the Congress a report on the results of each audit conducted
under this section.
``(4) Time.--No audit contemplated by this subsection shall
take longer than 30 days to conduct. An audit report shall be
issued in final form no longer than 60 days after the audit is
commenced.
``(5) Public documents.--All audit reports shall be public
documents and available to any individual upon request.
``SEC. 403. DEFENSE CONTRIBUTION.
``(a) Allocation.--No later than one year from the date of
enactment of this Act, acting pursuant to section 553 of title 5,
United States Code, the Secretary shall issue a final rule establishing
the appropriate portion of the costs of managing spent nuclear fuel and
high-level radioactive waste under this Act allocable to the interim
storage or permanent disposal of spent nuclear fuel, high-level
radioactive waste from atomic energy defense activities, and spent
nuclear fuel from foreign research reactors. The share of costs
allocable to the management of spent nuclear fuel, high-level
radioactive waste from atomic energy defense activities, and spent
nuclear fuel from foreign research reactors shall include--
``(1) an appropriate portion of the costs associated with
research and development activities with respect to development
of the interim storage facility and repository; and
``(2) interest on the principal amounts due calculated by
reference to the appropriate Treasury bill rate as if the
payments were made at a point in time consistent with the
payment dates for spent nuclear fuel and high-level radioactive
waste under the contracts.
``(b) Appropriation Request.--In addition to any request for an
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