[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3741 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3741

To prohibit the use of Federal funds for the private interim storage of 
              spent nuclear fuel, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2022

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

_______________________________________________________________________

                                 A BILL


 
To prohibit the use of Federal funds for the private interim storage of 
              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. PROHIBITION ON USE OF FEDERAL FUNDS FOR PRIVATE INTERIM 
              STORAGE OF SPENT NUCLEAR FUEL UNTIL SUCH TIME THAT A 
              PERMANENT REPOSITORY IS AVAILABLE TO ACCEPT THE SPENT 
              NUCLEAR FUEL.

    (a) Definitions.--In this section:
            (1) Disposal; monitored retrievable storage facility; 
        repository; spent nuclear fuel; storage.--The terms 
        ``disposal'', ``monitored retrievable storage facility'', 
        ``repository'', ``spent nuclear fuel'', and ``storage'' have 
        the meanings given the terms in section 2 of the Nuclear Waste 
        Policy Act of 1982 (42 U.S.C. 10101).
            (2) Monitored retrievable storage.--The term ``monitored 
        retrievable storage'' has the same meaning as in subtitle C of 
        title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10161 et seq.).
    (b) Prohibition.--
            (1) In general.--Notwithstanding any other provision of law 
        and subject to subsection (c), during the period described in 
        subsection (d), no Federal funds made available under any Act, 
        including amounts made available under the permanent judgment 
        appropriation established pursuant to section 1304 of title 31, 
        United States Code (commonly known as the ``Judgment Fund''), 
        for any fiscal year may be used for any costs associated with 
        the identification, development, licensing, granting of rights-
        of-way, construction, operation, decommissioning, or post-
        decommissioning maintenance and monitoring of any privately 
        owned--
                    (A) monitored retrievable storage facility;
                    (B) consolidated interim storage facility that 
                serves the purpose and function of monitored 
                retrievable storage under the Nuclear Waste Policy Act 
                of 1982 (42 U.S.C. 10101 et seq.); or
                    (C) spent nuclear fuel storage facility that--
                            (i) is not--
                                    (I) colocated at the site of a 
                                nuclear fuel production, fabrication, 
                                or utilization facility; or
                                    (II) in operation as of the date of 
                                enactment of this Act; and
                            (ii) serves the purpose and function of 
                        monitored retrievable storage under the Nuclear 
                        Waste Policy Act of 1982 (42 U.S.C. 10101 et 
                        seq.).
            (2) Scope.--The prohibition described in paragraph (1) 
        extends to contracting for the services of a private company 
        for any storage of spent nuclear fuel at, or transportation of 
        spent nuclear fuel to, a privately owned facility that serves 
        the purpose and function of monitored retrievable storage under 
        the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) 
        for the purpose of consolidating the storage of domestic spent 
        nuclear fuel at 1 or more facilities until such time that a 
        repository is available to accept the spent nuclear fuel for 
        permanent disposal.
    (c) Limitations.--Subsection (b) does not prohibit--
            (1) a manufacturer of nuclear reactors or fabricator of 
        nuclear fuel from accepting spent nuclear fuel at the site 
        where the spent nuclear fuel is fabricated or generated;
            (2) an operating or decommissioned nuclear power plant from 
        accepting spent nuclear fuel for interim storage at the site of 
        the plant;
            (3) the use of Federal funds for the costs described in 
        that subsection that are associated with the activities 
        described in paragraphs (1) and (2);
            (4) the use of Federal funds for storage of spent nuclear 
        fuel at, or the transportation of spent nuclear fuel to, 
        federally owned facilities at Department of Energy sites in 
        existence as of the date of enactment of this Act; or
            (5) the transfer of spent nuclear fuel owned by the 
        Department of Energy between Department of Energy sites.
    (d) Period of Prohibition Described.--The period referred to in 
subsection (b) is the period beginning on the date of enactment of this 
Act and ending on the date on which the Secretary of Energy certifies 
to Congress that a permanent repository is available to accept the 
spent nuclear fuel.
    (e) Department of Energy Funds.--No funds of the Department of 
Energy shall be used to pay to any privately owned facility described 
in subsection (b) any damages awarded in any civil action in an 
appropriate district court of the United States relating to the 
prohibition under subsection (b).
    (f) Rule of Construction.--Nothing in this section shall be 
construed to imply that, prior to the date of enactment of this Act, 
any privately owned facility described in subsection (b) may receive 
any funds from the Federal Government for the activities prohibited 
under that subsection.
    (g) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Energy shall submit to Congress a report 
detailing--
            (1) possible locations, or a description of a possible 
        siting process, for future consolidated interim storage 
        facilities and repositories of spent nuclear fuel if Congress 
        were to authorize the siting, construction, and operation of 
        new storage facilities or repositories through the use of a 
        consent-based system; and
            (2) the estimated costs and risks of that future 
        consolidated interim storage.
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