[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8572 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8572

To require the Secretary of Energy, in coordination with the Secretary 
 of the Treasury, to conduct a study, and submit to Congress a report, 
 on an auction process or other system for selecting and entering into 
 contracts with non-Federal entities for consolidated interim storage 
                  facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 9, 2020

    Mr. Rouda (for himself, Mr. Neal, and Mr. Levin of California) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Energy, in coordination with the Secretary 
 of the Treasury, to conduct a study, and submit to Congress a report, 
 on an auction process or other system for selecting and entering into 
 contracts with non-Federal entities for consolidated interim storage 
                  facilities, 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 ``Securing America's Nuclear Waste 
Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 
        et seq.) dictated that the Federal Government would identify 
        repositories and begin disposal of high-level radioactive waste 
        and spent nuclear fuel beginning not later than January 31, 
        1998.
            (2) It has been 60 years since the first civilian nuclear 
        power reactor became operational, and the United States still 
        lacks a long-term management solution for the disposal of spent 
        nuclear fuel and high-level radioactive waste.
            (3) There are approximately 100 sites across at least 34 
        States where spent nuclear fuel and high-level radioactive 
        waste is currently stored.
            (4) The need to develop a long-term nuclear waste storage 
        plan for the United States is well recognized by many experts, 
        institutions, and organizations, including the Department of 
        Energy and the Nuclear Energy Institute.
            (5) With the future of the repository at the Yucca Mountain 
        site in doubt, providing interim storage for spent nuclear fuel 
        currently in repose at sites of both decommissioned and active 
        civilian nuclear power reactors has become an imperative.
            (6) The purpose of a consolidated interim storage facility 
        is to begin the process of accepting spent nuclear fuel and 
        high-level radioactive waste, while also developing and 
        perfecting protocols and procedures for transportation and 
        storage of such spent nuclear fuel and high-level radioactive 
        waste.
            (7) In recent decades, Federal agencies have used auctions 
        and other market mechanisms to reduce costs to taxpayers and 
        allocate resources in efficient and transparent ways.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Consolidated interim storage facility.--The term 
        ``consolidated interim storage facility'' means a facility for 
        the consolidated storage of spent nuclear fuel and high-level 
        radioactive waste generated by multiple persons or the 
        Secretary of Energy pending the disposal of the spent nuclear 
        fuel and high-level radioactive waste in a repository.
            (2) High-level radioactive waste.--The term ``high-level 
        radioactive waste'' has the meaning given the term in section 2 
        of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
            (3) Repository.--The term ``repository'' has the meaning 
        given the term in section 2 of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10101).
            (4) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
        has the meaning given the term in section 2 of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101).

SEC. 4. STUDY ON RISKS OF CURRENT STORAGE OF SPENT NUCLEAR FUEL AND 
              HIGH-LEVEL RADIOACTIVE WASTE.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress a 
report on the risks to current storage locations for spent nuclear 
fuel, including spent nuclear fuel from civilian nuclear power 
reactors, and high-level radioactive waste, including--
            (1) risks that are related to global weather patterns and 
        geography, including--
                    (A) extreme weather events (including hurricanes, 
                tornadoes, and other storms), fires, drought, flooding 
                (whether or not the spent nuclear fuel is located in a 
                floodplain); and
                    (B) earthquakes and proximity to fault lines;
            (2) site specific risks, including--
                    (A) whether a site stores its spent nuclear fuel 
                and high-level radioactive waste in spent fuel pools or 
                dry casks;
                    (B) the location of spent nuclear fuel and high-
                level radioactive waste within the overall layout of 
                the site;
                    (C) how much spent nuclear fuel and high-level 
                radioactive waste is stored on-site;
                    (D) whether any applicable civilian nuclear power 
                reactor is decommissioned, active, or another status; 
                and
                    (E) the population of the surrounding area; and
            (3) a description of how implementation of consolidated 
        interim storage of spent nuclear fuel and high-level 
        radioactive waste could address the risks described in 
        paragraphs (1) and (2).

SEC. 5. STUDY ON ECONOMIC BENEFITS OF CONSOLIDATED INTERIM STORAGE.

    Not later than 1 year after the date of enactment of this Act, the 
Director of the Office of Management and Budget shall conduct a study, 
and submit to Congress a report, on the economic benefits of 
consolidated interim storage of spent nuclear fuel and high-level 
radioactive waste, including economic benefits associated with--
            (1) job growth; and
            (2) redeveloping sites of decommissioned civilian nuclear 
        power reactors.

SEC. 6. STUDY ON PROCESS FOR CONTRACTS FOR CONSOLIDATED INTERIM STORAGE 
              FACILITIES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Energy, in coordination with the 
Secretary of the Treasury, shall conduct a study, and submit to 
Congress a report, on an auction process or other system for selecting 
and entering into contracts with non-Federal entities for consolidated 
interim storage facilities--
            (1) that are located at a site without an operating nuclear 
        reactor; and
            (2) for which a non-Federal entity will hold a license 
        issued by the Nuclear Regulatory Commission.
    (b) Inclusions.--In conducting the study under subsection (a), the 
Secretary of Energy, in coordination with the Secretary of the 
Treasury, shall develop or identify an auction process or other system 
described in such subsection--
            (1) that includes--
                    (A) a competitive bidding system; and
                    (B) appropriate bidding methodology;
            (2) under which the Secretary of Energy may not select and 
        enter into a contract with a non-Federal entity unless--
                    (A) the consolidated interim storage facility with 
                respect to which the contract will apply has been 
                licensed by the Nuclear Regulatory Commission;
                    (B) the Secretary of Energy has approval to store 
                high-level radioactive waste or spent nuclear fuel 
                resulting from civilian nuclear activities to which the 
                Department of Energy holds title at such consolidated 
                interim storage facility from each of--
                            (i) the State in which the facility is to 
                        be located;
                            (ii) any unit of local government with 
                        jurisdiction over the area in which the 
                        facility is to be located; and
                            (iii) any impacted Indian Tribe; and
                    (C) the Secretary of Energy or the non-Federal 
                entity has conducted 1 or more public hearings in the 
                vicinity of the site where the consolidated interim 
                storage facility is to be located and in at least 1 
                other location within the State in which such facility 
                is to be located to solicit public comments and 
                recommendations.
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