[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 526 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 526
To redirect the Nuclear Waste Fund established under the Nuclear Waste
Policy Act of 1982 into research, development, and utilization of risk-
decreasing technologies for the onsite storage and eventual reduction
of radiation levels of nuclear waste, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2005
Ms. Berkley introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Science and Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To redirect the Nuclear Waste Fund established under the Nuclear Waste
Policy Act of 1982 into research, development, and utilization of risk-
decreasing technologies for the onsite storage and eventual reduction
of radiation levels of nuclear waste, 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.
This Act may be cited as the ``21st Century Science for Nuclear
Waste Disposal Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Under the Nuclear Waste Policy Act of 1982, the storage
of high-level radioactive waste, transuranic waste, and spent
nuclear fuel is to be located at a central repository.
(2) The Department of Energy estimates that completing the
Yucca Mountain central repository project will cost
$58,000,000,000, making the project one of the most costly
public works projects in the world.
(3) Numerous geological and hydrological conditions found
at Yucca Mountain support the contention that Yucca Mountain is
not a suitable site for a central repository.
(4) Public health and safety regulations have consistently
been altered in order to make Yucca Mountain appear to be a
feasible option.
(5) Storing high-level radioactive waste in a central
repository at Yucca Mountain would require the transportation
of more than 70,000 tons of nuclear waste through 43 States,
and through hundreds of cities and towns. Fifty million
Americans live within one half mile of the shipping routes,
creating an unacceptable risk of catastrophic radiation
exposure.
(6) Storage of high level nuclear waste at a central
repository will do virtually nothing to reduce the volume of
high level waste at nuclear power plants. The estimated 43,500
metric tons of high level waste at these plants would be
reduced to only 42,500 metric tons during the projected 38
years from opening to closing of a central repository, with no
plan in place to improve the efficacy of on-site storage
facilities located across the Nation.
(7) Current nuclear power reactor sites can safely store
high-level radioactive waste for another 100 years (according
to the Nuclear Regulatory Commission). By implementing the most
advanced existing technology, nuclear power reactor sites could
store waste for an additional 100 years, thus eliminating the
need to immediately site a central repository.
(8) The United States can create solutions to the long-term
problems of storing high-level radioactive waste by exploring
emerging technologies with the potential to neutralize highly
radioactive waste.
(9) The research, development, and utilization in the
United States of risk-decreasing technologies for the safe
disposal of nuclear waste is not only feasible, but it is our
best alternative to storing high-level nuclear waste at a
central repository.
(10) The Nuclear Waste Fund has accumulated more than
$10,000,000,000 to store high-level nuclear radioactive waste
in a central repository, a failed concept. Given the scientific
evidence against the Yucca Mountain site, and the health and
safety problems inherent in the concept of a central high-level
radioactive waste repository, the Nuclear Waste Fund should be
directed toward the research, development, and utilization of
these alternative waste storage and disposal technologies to
better protect our environment.
(11) The insurmountable problems associated with storing
nuclear waste in a central repository requires the Congress to
terminate the Yucca Mountain Project and to immediately launch
a focused research and development program to develop safe
nuclear waste disposal technologies.
SEC. 3. NUCLEAR WASTE FUND.
Section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222) is amended--
(1) in subsection (a)--
(A) by striking ``Contracts.--(1) In the'' and all
that follows through ``described in subsection (d).''
and inserting ``Payments.--(1) The Secretary shall
provide for payments into the Nuclear Waste Fund of
fees pursuant to paragraph (2) for use as provided in
this section.'';
(B) by striking paragraphs (3), (5), and (6) and
redesignating paragraph (4) as paragraph (3); and
(C) in paragraph (3), as so redesignated by
subparagraph (B) of this paragraph--
(i) by striking ``paragraphs (2) and (3)
above'' and inserting ``paragraph (2)'';
(ii) by striking ``offset the costs as
defined in subsection (d) herein'' and
inserting ``support the uses described in
subsection (c)'';
(iii) by striking ``recover the costs
incurred'' and all that follows through ``full
cost recovery.'' and inserting ``support the
uses described in subsection (c), the Secretary
shall propose an adjustment to the fee to fully
support those uses. The Secretary shall also
annually adjust the fee for inflation.''; and
(iv) by striking ``this proposal for such
an adjustment to Congress'' and all that
follows through ``the Energy Policy and
Conservation Act'' and inserting ``proposals
for fee adjustment to Congress'';
(2) by striking subsections (b) and (d);
(3) by redesignating subsections (c) and (e) as subsections
(b) and (d), respectively;
(4) in subsection (b), as so redesignated by paragraph (3)
of this section--
(A) by striking ``, (b), and (e)'' and inserting
``and (d)'' in paragraph (1);
(B) by inserting ``and'' at the end to paragraph
(1);
(C) by striking ``; and'' at the end of paragraph
(2) and inserting a period; and
(D) by striking paragraph (3);
(5) by inserting after subsection (b), as so redesignated
by paragraph (3) of this section, the following new subsection:
``(c) Uses of Nuclear Waste Fund.--The Nuclear Waste Fund shall be
available to the Secretary only to pay the cost of research,
development, and utilization in the United States of risk-decreasing
technologies, with an emphasis on technologies that--
``(1) increase the length of time that nuclear waste can be
safely stored at or near--
``(A) in the case of waste existing on the date of
enactment of the 21st Century Science for Nuclear Waste
Disposal Act, the site where the waste was located on
such date of enactment; and
``(B) in the case of waste not existing on the date
of enactment of the 21st Century Science for Nuclear
Waste Disposal Act, the site where the waste is
generated;
``(2) require the least amount of transportation of nuclear
waste practicable; and
``(3) reduce the level of radiation of the nuclear waste.
The Government shall not use any funds for research, development, or
implementation of a central high-level radioactive waste and spent
nuclear fuel repository.''; and
(6) in subsection (d), as so redesignated by paragraph (3)
of this section, by striking ``subsection (d)'' in paragraph
(6) and inserting ``subsection (c)''.
SEC. 4. REPEALS AND REDESIGNATIONS.
(a) In General.--The Nuclear Waste Policy Act of 1982 is amended--
(1) by redesignating section 151 as section 10 and moving
it to appear after section 9, and by repealing the remainder of
title I;
(2) by repealing title II;
(3) by redesignating sections 302 and 306 as sections 11
and 12, respectively, and moving them to appear after section
10, and by repealing the remainder of title III;
(4) by repealing title IV; and
(5) by repealing title V.
(b) Conforming Amendments.--The Nuclear Waste Policy Act of 1982 is
amended--
(1) in section 2--
(A) by striking paragraphs (1), (2), (4), (5), (8),
(10), (11), (13), (14), (15), (17), (19), (21), (22),
(25), (26), (27), (28), (30), (31), (32), (33), and
(34);
(B) by redesignating paragraphs (3), (6), (7), (9),
(12), (16), (18), (20), (23), (24), and (29) as
paragraphs (1), (2), (3), (4), (5), (6), (7), (10),
(11), (12), and (13) respectively; and
(C) by inserting after paragraph (7), as so
redesignated by subparagraph (B) of this paragraph, the
following new paragraphs:
``(8) Research.--The term `research' includes both basic
and applied research.
``(9) Risk-decreasing technologies.--The term `risk-
decreasing technologies' means technologies that reduce the
adverse impact nuclear waste has on human and ecological health
and well-being through reduction in radiation levels and other
methods.''; and
(2) in section 8--
(A) by striking ``subsection (c)'' and inserting
``subsection (b)'' in subsection (a);
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection
(b).
(c) Table of Contents Amendments.--The items in the table of
contents of the Nuclear Waste Policy Act of 1982 relating to titles I
through V are repealed, and the following items are inserted after the
item relating to section 9:
``Sec. 10. Financial arrangements for site closure.
``Sec. 11. Nuclear Waste Fund.
``Sec. 12. Nuclear Regulatory Commission training authorization.''.
SEC. 5. REPEAL OF SPECIAL RULES FOR NUCLEAR DECOMMISSIONING COSTS.
(a) In General.--Section 468A of the Internal Revenue Code of 1986
is hereby repealed.
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 172(f)(1) of such Code is
amended by striking ``or 468A(a)''.
(2) The table of sections for subpart C of part II of
subchapter E of chapter 1 of such Code is amended by striking
the item relating to section 468A.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
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