[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1045 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1045

To strengthen United States capabilities to safely and securely dispose 
        of all greater-than-Class C low-level radioactive waste.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2003

  Mr. Akaka (for himself, and Mr. Bingaman) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To strengthen United States capabilities to safely and securely dispose 
        of all greater-than-Class C low-level radioactive waste.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Low-Level Radioactive Waste Act of 
2003''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) section 3(b)(1)(D) of the Low-Level Radioactive Waste 
        Policy Act (42 U.S.C. 2021c(b)(1)(D)) requires the Secretary of 
        Energy to safely dispose of all greater-than-Class C low-level 
        radioactive waste (as defined in section 61.55 of title 10, 
        Code of Federal Regulations);
            (2) the Offsite Source Recovery Program, established by the 
        Department of Energy to recover and store sources of such 
        waste, is scheduled to cease operation by September 30, 2010;
            (3) the Department of Energy estimates that about 14,000 
        sealed sources of such waste will become unwanted and will have 
        to be disposed of through the Offsite Source Recovery Program 
        by that date;
            (4)(A) in February 1987 the Secretary of Energy submitted 
        to Congress a comprehensive report making recommendations for 
        ensuring the safe disposal of all greater-than-Class C low-
        level radioactive waste; and
            (B) 16 years later, it is likely that the information 
        contained in the report is no longer current and does not 
        reflect the new security threat environment;
            (5) the Department of Energy--
                    (A) does not have the resources or storage facility 
                to recover and store all unwanted sources of greater-
                than-Class C low-level radioactive waste; and
                    (B) has not identified a permanent disposal 
                facility;
            (6) it is unlikely that a permanent disposal facility will 
        be operational by the time that the Offsite Source Recovery 
        Program ceases operation;
            (7) the initial steps in developing a disposal facility 
        (including preparation of an environmental impact statement and 
        issuance of a record of decision) could take several years and 
        will require dedicated funding to complete; and
            (8) before a final decision on the disposal alternative to 
        be implemented is made, Congress must have an opportunity to 
        review the alternatives under consideration and provide input.

SEC. 3. DEPARTMENT OF ENERGY RESPONSIBILITIES

    (a) Designation of Responsibility.--The Secretary of Energy shall 
designate an entity within the Department of Energy to have the 
responsibility of completing activities needed to develop a facility 
for safely disposing of all greater-than-Class C low-level radioactive 
waste.
    (b) Consultation With Congress.--In developing a plan for a 
permanent disposal facility for greater-than-Class C low-level 
radioactive waste (including preparation of an environmental impact 
statement and issuance of a record of decision), the Secretary of 
Energy shall consult with Congress.

SEC. 4. REPORTS.

    (a) Update of 1987 Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Energy shall submit to 
        Congress an update of the report referred to in section 2(4).
            (2) Contents.--The update shall contain--
                    (A) an identification of the radioactive waste that 
                is to be disposed of (including the source of the waste 
                and the volume, concentration, and other relevant 
                characteristics of the waste);
                    (B) an identification of the Federal and non-
                Federal options for disposal of the waste;
                    (C) a description of the actions proposed to ensure 
                the safe disposal of the waste;
                    (D) an estimate of the costs of the proposed 
                actions;
                    (E) an identification of the options for ensuring 
                that the beneficiaries of the activities resulting in 
                the generation of the radioactive waste bear all 
                reasonable costs of disposing of the waste;
                    (F) an identification of any statutory authority 
                required for disposal of the waste; and
                    (G) in coordination with the Environmental 
                Protection Agency and the Nuclear Regulatory 
                Commission, an identification of any regulatory 
                guidance needed for the disposal of the waste.
    (b) Report on Permanent Disposal Facility.--
            (1) Report on cost and schedule for completion of eis and 
        rod.--Not later than 180 days after the date of submission of 
        the update under subsection (a), the Secretary of Energy shall 
        submit to Congress a report containing an estimate of the cost 
        and schedule to complete an environmental impact statement and 
        record of decision for a permanent disposal facility for 
        greater-than-Class C radioactive waste.
            (2) Report on alternatives.--Before the Secretary of Energy 
        makes a final decision on the disposal alternative to be 
        implemented, the Secretary of Energy shall--
                    (A) submit to Congress a report that describes all 
                alternatives under consideration; and
                    (B) await action by Congress.
    (c) Report on Short-Term Plan.--
            (1) In general.--Not later than December 31, 2003, the 
        Secretary of Energy shall submit to Congress a plan to ensure 
        the continued recovery and storage of greater-than-Class C low-
        level radioactive waste until a permanent disposal facility is 
        available.
            (2) Contents.--The plan shall contain estimated cost, 
        resource, and facility needs.
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