[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 861 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 861

To amend the Nuclear Waste Policy Act of 1982 to require the President 
to certify that the Yucca Mountain site remains the designated site for 
    the development of a repository for the disposal of high-level 
               radioactive waste, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2009

  Mr. Graham (for himself, Mr. McCain, Ms. Collins, Mr. Martinez, Mr. 
     DeMint, Mr. Chambliss, Mr. Isakson, Mr. Burr, and Mr. Inhofe) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Nuclear Waste Policy Act of 1982 to require the President 
to certify that the Yucca Mountain site remains the designated site for 
    the development of a repository for the disposal of high-level 
               radioactive 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 ``Rebating America's Deposits Act''.

SEC. 2. CERTIFICATION OF COMMITMENT TO YUCCA MOUNTAIN.

    (a) In General.--Subtitle E of title I of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10172 et seq.) is amended by adding at the end 
the following:

``SEC. 162. CERTIFICATION OF COMMITMENT TO YUCCA MOUNTAIN SITE.

    ``(a) Definition of Defense Waste.--In this section, the term 
`defense waste' means--
            ``(1) transuranic waste;
            ``(2) high-level radioactive waste;
            ``(3) spent nuclear fuel;
            ``(4) special nuclear materials;
            ``(5) greater-than-class C, low-level radioactive waste; 
        and
            ``(6) any other waste arising from the production, storage, 
        or maintenance of nuclear weapons (including components of 
        nuclear weapons).
    ``(b) Certification of Commitment.--Not later than 30 days after 
the date of enactment of this section, the President shall publish in 
the Federal Register a notice that the President certifies that the 
Yucca Mountain site is the selected site for the development of a 
repository for the disposal of high-level radioactive waste and spent 
nuclear fuel, in accordance with section 160.
    ``(c) Failure To Publish Certification; Revocation of 
Certification.--If the President fails to publish the certification of 
the President in accordance with subsection (b), or if the President 
revokes the certification of the President after the date described in 
that subsection, not later than 1 year after the date described in 
subsection (b), or the date of revocation, as appropriate, and in 
accordance with subsection (d)--
            ``(1) each entity that is required under section 302 to 
        make a payment to the Secretary shall not be required to make 
        any additional payment; and
            ``(2) each entity that has made a payment under section 302 
        shall receive from the Secretary of the Treasury, from amounts 
        available in the Nuclear Waste Fund, an amount equal to the 
        aggregate amount of the payments made by the entity (including 
        interest on the aggregate amount of the payments) to the 
        Secretary for deposit in the Nuclear Waste Fund.
    ``(d) Use of Returned Payments.--
            ``(1) In general.--Subject to paragraph (2), of the 
        aggregate amount of payments returned to an entity described in 
        subsection (c)(2)--
                    ``(A) 75 percent shall be used by the entity to 
                provide rebates to ratepayers of the entity; and
                    ``(B) 25 percent shall be used by the entity to 
                carry out upgrades to nuclear power facilities of the 
                entity to enhance the storage and security of materials 
                used to generate nuclear power.
            ``(2) Defense waste.--In the case of a payment required to 
        be paid to an entity for the storage of defense waste, the 
        Secretary shall use the amount required to be paid to the 
        entity to meet the penalty payment obligation of the Secretary 
        under subsection (e)(2) to the State in which the entity is 
        located.
    ``(e) Disposition of Defense Waste.--
            ``(1) In general.--Not later than January 1, 2017, the 
        Secretary shall initiate the transportation of defense waste 
        from each State in which defense waste is located to the Yucca 
        Mountain site.
            ``(2) Penalty.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                the Secretary fails to initiate the transportation of 
                defense waste in accordance with paragraph (1), the 
                Secretary shall pay to each State in which defense 
                waste is located $1,000,000 for each day that the 
                defense waste is located in the State until the date on 
                which the Secretary initiates the transportation of the 
                defense waste under paragraph (1).
                    ``(B) Maximum amount.--Subject to subsection 
                (c)(2), for each calendar year, the Secretary shall not 
                pay to any State described in subparagraph (A) an 
                amount greater than $100,000,000.
                    ``(C) Required use of payments.--A State that 
                receives amounts through a payment from the Secretary 
                under this paragraph shall use the amounts--
                            ``(i) to help offset the loss in community 
                        investments that results from the continued 
                        storage of defense waste in the State; and
                            ``(ii) to help mitigate the public health 
                        risks that result from the continued storage of 
                        defense waste in the State.
    ``(f) Determination by Commission To Grant or Amend Licenses.--In 
determining whether to grant or amend any license to operate any 
civilian nuclear power reactor, or high-level radioactive waste or 
spent fuel storage or treatment facility, under the Atomic Energy Act 
of 1954 (42 U.S.C. 2011 et seq.), the responsibilities of the President 
and the Secretary described in this subtitle shall be considered to be 
sufficient and independent grounds for the Commission to determine the 
existence of reasonable assurances that spent nuclear fuel and high-
level radioactive waste would be disposed of safely and in a timely 
manner by the entity that is the subject of the determination.
    ``(g) Effects.--
            ``(1) Termination of payment requirement; acceptance of 
        returned payments.--With respect to an entity that receives a 
        benefit under paragraph (1) or (2) of subsection (c)--
                    ``(A) the entity shall not be considered by the 
                Commission to be in violation under section 302(b); and
                    ``(B) the Commission shall not refuse to take any 
                action with respect to a current or prospective license 
                of the entity on the grounds that the entity has 
                cancelled or rescinded a contract to which the entity 
                is a party as the result of--
                            ``(i) the failure by the entity to make a 
                        payment to the Secretary under section 302; or
                            ``(ii) the acceptance by the entity of 
                        amounts described in subsection (c)(2).
            ``(2) Disposition of waste.--Nothing in this section 
        affects the responsibility of the Federal Government under any 
        Act (including regulations) with respect to the ultimate 
        disposition of high-level radioactive waste and spent nuclear 
        fuel.''.
    (b) Conforming Amendment.--The table of contents of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. prec. 10101) is amended by adding 
at the end of the items relating to subtitle E of title I the 
following:

``Sec. 162. Certification of commitment to Yucca Mountain site.''.
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