[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 591 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 591

To establish a National Commission on High-Level Radioactive Waste and 
              Spent Nuclear Fuel, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2009

 Mr. Reid (for himself and Mr. Ensign) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
To establish a National Commission on High-Level Radioactive Waste and 
              Spent Nuclear Fuel, 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 ``National 
Commission on High-Level Radioactive Waste and Spent Nuclear Fuel 
Establishment Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Commission.
Sec. 3. Purposes.
Sec. 4. Composition.
Sec. 5. Duties.
Sec. 6. Powers.
Sec. 7. Applicability of Federal Advisory Committee Act.
Sec. 8. Staff.
Sec. 9. Compensation; travel expenses.
Sec. 10. Security clearances.
Sec. 11. Reports.
Sec. 12. Authorization of appropriations.
Sec. 13. Termination.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    There is established a commission to be known as the ``National 
Commission on High-Level Radioactive Waste and Spent Nuclear Fuel'' 
(referred to in this Act as the ``Commission'').

SEC. 3. PURPOSES.

    The purposes of the Commission are--
            (1) to evaluate potential improvements in the approach of 
        the United States to high-level radioactive waste and spent 
        nuclear fuel management in the event that the proposed Yucca 
        Mountain high-level waste repository is never operational or 
        constructed for any spent nuclear fuel, high-level waste, or 
        other radioactive waste disposal; and
            (2) to submit to the appropriate committees of Congress a 
        report that contains a description of the findings, 
        conclusions, and recommendations of the Commission to improve 
        the approach of the United States for the management of defense 
        waste, spent nuclear fuel, high-level waste, and commercial 
        radioactive waste.

SEC. 4. COMPOSITION.

    (a) Members.--The Commission shall be composed of 9 members who 
meet each qualification described in subsection (b), of whom--
            (1) 2 shall be appointed by the majority leader of the 
        Senate, in consultation with the chairperson of each 
        appropriate committee of the Senate;
            (2) 2 shall be appointed by the minority leader of the 
        Senate, in consultation with the ranking member of each 
        appropriate committee of the Senate;
            (3) 2 shall be appointed by the Speaker of the House of 
        Representatives, in consultation with the chairperson of each 
        appropriate committee of the House of Representatives;
            (4) 2 shall be appointed by the minority leader of the 
        House of Representatives, in consultation with the ranking 
        member of each appropriate committee of the House of 
        Representatives; and
            (5) 1 shall be appointed jointly by the majority leader of 
        the Senate and the Speaker of the House of Representatives.
    (b) Qualifications.--
            (1) Nongovernmental appointees.--An individual appointed to 
        the Commission may not be--
                    (A) engaged in any high-level radioactive waste or 
                spent nuclear fuel activities under contract with the 
                Department of Energy; or
                    (B) an officer or employee of--
                            (i) the Federal Government;
                            (ii) an Indian tribe;
                            (iii) a State; or
                            (iv) a unit of local government.
            (2) Other qualifications.--Individuals appointed to the 
        Commission shall, to the maximum extent practicable, be 
        prominent United States citizens, with national recognition and 
        significant depth of experience in engineering, fields of 
        science relevant to used nuclear fuel management, energy, 
        governmental service, environmental policy, law, public 
        administration, or foreign affairs.
            (3) Deadline for appointment.--All members of the 
        Commission shall be appointed by not later than 90 days after 
        the date of enactment of this Act.
    (c) Chairperson.--The individual appointed under subsection (a)(5) 
shall serve as Chairperson of the Commission.
    (d) Initial Meeting.--The Commission shall meet and begin the 
operations of the Commission as soon as practicable after the date of 
enactment of this Act.
    (e) Administration.--
            (1) Meetings.--After the initial meeting of the Commission, 
        the Commission shall meet on the call of the Chairperson or a 
        majority of the members of the Commission.
            (2) Quorum.--Five members of the Commission shall 
        constitute a quorum.
            (3) Vacancies.--Any vacancy on the Commission--
                    (A) shall not affect the powers of the Commission; 
                and
                    (B) shall be filled in the same manner in which the 
                original appointment was made.

SEC. 5. DUTIES.

    (a) In General.--The Commission shall--
            (1) conduct an evaluation to advise Congress on the 
        feasibility, cost, risks, and legal, public health, and 
        environmental impacts (including such impacts on local 
        communities) of alternatives to the spent fuel and high-level 
        waste strategies of the Federal Government including--
                    (A) transferring from the Department of Energy 
                responsibility for the high-level radioactive waste and 
                spent fuel management program of the United States to a 
                Government corporation established for that purpose;
                    (B) endowing such a Federal Government corporation 
                with authority and funding necessary to provide for 
                storage and management of high-level radioactive waste 
                and spent nuclear fuel;
                    (C) cost-sharing options between the Federal 
                Government and private industry for the development of 
                nuclear fuel management technology and licensing;
                    (D) establishing Federal or private centralized 
                interim storage facilities in communities that are 
                willing to serve as hosts;
                    (E) research and development leading to deployment 
                of advanced fuel cycle technologies (including 
                reprocessing, transmutation, and recycling 
                technologies) that are not vulnerable to weapons 
                proliferation;
                    (F) transferring to the Department of Energy title 
                to--
                            (i) spent nuclear fuel inventories at 
                        reactor sites in existence as of the date of 
                        enactment of this Act; and
                            (ii) future nuclear fuel inventories at 
                        reactor sites;
                    (G) while long-term solutions for spent nuclear 
                fuel management are developed, requiring the transfer 
                of spent nuclear fuel inventories--
                            (i) to at-reactor dry casks in a manner to 
                        ensure public safety and the security of the 
                        inventories; and
                            (ii) after the date on which the spent 
                        nuclear fuel inventory has been stored in a 
                        cooling pond for a period of not less than 7 
                        years;
                    (H) permanent, deep geologic disposal for civilian 
                and defense wastes, and interim strategies for the 
                treatment of defense wastes; and
                    (I) additional management and technological 
                approaches, including improved security of spent 
                nuclear fuel storage installations, as the Commission 
                determines to be appropriate for consideration;
            (2) consult with Federal agencies (including the Nuclear 
        Waste Technical Review Board and the National Academy of 
        Sciences), interested individuals, States, local governments, 
        organizations, and businesses as the Commission determines to 
        be necessary to carry out the duties of the Commission;
            (3) submit recommendations on the disposition of the 
        existing fees charged to nuclear energy ratepayers, and the 
        recommended disposition of the available balances consistent 
        with the recommendations of the Commission regarding the 
        management of spent nuclear fuel; and
            (4) analyze the financial impacts of the recommendations of 
        the Commission described in paragraph (3) on the contractual 
        liability of the Federal Government under section 302 of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222).
    (b) Report.--The Commission shall submit to Congress a final report 
in accordance with this Act containing such findings, conclusions, and 
recommendations as the Commission considers appropriate.

SEC. 6. POWERS.

    (a) Hearings and Evidence.--The Commission or, on the authority of 
the Commission, any subcommittee may, for the purpose of carrying out 
this Act, hold such hearings, sit and act at such times and places, 
take such testimony, receive such evidence, and administer such oaths 
as the Commission considers to be appropriate.
    (b) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge the duties of the Commission under 
this Act.
    (c) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from 
        any executive department, bureau, agency, board, commission, 
        office, independent establishment, or instrumentality of the 
        Federal Government, information, suggestions, estimates, and 
        statistics for the purposes of this Act.
            (2) Furnishing of information.--Each department, bureau, 
        agency, board, commission, office, independent establishment, 
        or instrumentality shall, to the extent authorized by law, 
        furnish such information, suggestions, estimates, and 
        statistics in a timely manner directly to the Commission, on 
        request made by the Chairperson of the Commission, or any 
        member designated by a majority of the Commission.
            (3) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Commission and staff of the 
        Commission in a manner that is consistent with applicable law 
        (including regulations and Executive orders).
    (d) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the duties of the Commission.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the Federal Government may provide to the 
        Commission such services, funds, facilities, staff, and other 
        support services as the Commission may reasonably request and 
        as may be authorized by law.
    (e) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the Federal Government.

SEC. 7. APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
the Commission.

SEC. 8. STAFF.

    (a) In General.--
            (1) Appointment and compensation.--The Chairperson, in 
        accordance with rules agreed on by the Commission, may appoint 
        and fix the compensation of a staff director and such other 
        personnel as may be necessary to enable the Commission to carry 
        out the duties of the Commission, without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, and without regard to 
        the provisions of chapter 51 and subchapter III of chapter 53 
        of that title relating to classification and General Schedule 
        pay rates, except that no rate of pay fixed under this 
        subsection may exceed the equivalent of that payable for a 
        position at level V of the Executive Schedule under section 
        5316 of that title.
            (2) Personnel as federal employees.--
                    (A) In general.--The staff director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) does 
                not apply to members of the Commission.
    (b) Detailees.--
            (1) In general.--Any Federal Government employee may be 
        detailed to the Commission without reimbursement from the 
        Commission.
            (2) Rights.--The detailee shall retain the rights, status, 
        and privileges of the regular employment of the detailee 
        without interruption.
    (c) Consultant Services.--The Commission may procure the services 
of experts and consultants in accordance with section 3109 of title 5, 
United States Code, but at rates not to exceed the daily rate paid a 
person occupying a position at level IV of the Executive Schedule under 
section 5315 of that title.

SEC. 9. COMPENSATION; TRAVEL EXPENSES.

    (a) Compensation.--Each member of the Commission may be compensated 
at not to exceed the daily equivalent of the annual rate of basic pay 
in effect for a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day during which 
the member is engaged in the actual performance of the duties of the 
Commission.
    (b) Travel Expenses.--While away from the home or regular place of 
business of a member of the Commission in the performance of services 
for the Commission, a member of the Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in the Government service are 
allowed expenses under section 5703(b) of title 5, United States Code.

SEC. 10. SECURITY CLEARANCES.

    The appropriate Federal agencies or departments shall cooperate 
with the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances to the maximum extent 
practicable pursuant to existing procedures and requirements, except 
that no person shall be provided with access to classified information 
under this Act without the appropriate security clearances.

SEC. 11. REPORTS.

    (a) Interim Report.--Not later than 1 year after the date of 
enactment of this Act, the Commission shall make available to the 
public for comment an interim report containing such findings, 
conclusions, and recommendations as have been agreed to by a majority 
of the Commission members.
    (b) Final Report.--Not later than 2 years after the date of the 
first meeting of the Commission, the Commission shall submit to 
Congress a final report, the contents of which shall--
            (1) contain the items described in subsection (a), as 
        agreed to by a majority of the members of the Commission;
            (2) contain the opinion of each member of the Commission 
        who does not approve of any item contained in the final report 
        (including an explanation of the opinion and any alternative 
        recommendation); and
            (3) take into account public comments received under 
        subsection (a).

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act, to remain available until expended.

SEC. 13. TERMINATION.

    (a) In General.--The authority provided to the Commission by this 
Act terminates on the last day of the 180-day period beginning on the 
date on which the final report is submitted under section 11(b).
    (b) Administrative Activities Before Termination.--During the 180-
day period referred to in subsection (a), the Commission may conclude 
the activities of the Commission, including providing testimony to 
committees of Congress concerning reports of the Commission and 
disseminating the final report of the Commission.
                                 <all>