[Congressional Record Volume 155, Number 44 (Thursday, March 12, 2009)]
[Senate]
[Pages S3084-S3086]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Ensign):
  S. 591. A bill to establish a National Commission on High-Level 
Radioactive Waste and Spent Nuclear Fuel, and for other purposes; to 
the Committee on Environment and Public Works.
  Mr. REID. Mr. President, I am pleased to say that we are closing the 
book on our Nation's failed nuclear waste policy. After decades of 
fighting the Yucca Mountain project, I can say with confidence that 
Nevada will not serve as the Nation's nuclear waste dump.
  Nevadans and all Americans will be safer and more secure thanks to 
President Obama's commitment to finding scientifically sound and 
responsible solutions to dealing with nuclear waste.
  I am proud to say that I have been working on a new volume in this 
terribly difficult debate. Bad policy like the Yucca Mountain project 
is easy to oppose. But it is not always easy to craft better policy.
  That is what I am doing with Senator Ensign today--working to replace 
our failed approach to dealing with nuclear waste with a much better 
policy. We are unveiling our plan to form a congressional commission to 
evaluate and make recommendations on alternative approaches to managing 
nuclear waste.
  This is a step that is way past due.
  I began opposing the idea of dumping nuclear waste in Nevada when it 
was first proposed in the early 1980s. I was still a member of the 
House then, and I continued this fight in the Senate with most Nevadans 
firmly behind my efforts to kill the project. I have fought against the 
Yucca Mountain project vigorously, but from the very beginning I was 
also calling for long-range planning on nuclear waste because it was 
the right thing to do.
  I continued calling for researching alternatives to Yucca in 1995 
when I introduced legislation with my close friend and colleague, 
Senator Dick Bryan, to establish a commission on nuclear waste. 
Unfortunately, Congress did not listen, even though evidence was piling 
up showing that Yucca Mountain could become a death trap for Nevadans.
  The Government's decades-long focus on Yucca Mountain has left us 
barren with very few good proposals for dealing with nuclear waste. Now 
that President Obama and Secretary Chu have taken Yucca Mountain off 
the table, we need to begin looking closely at new ideas. We should 
even dust off some older ones that have been ignored for far too long.
  The legislation we are introducing today forms a temporary commission 
to review and make recommendations on a wide variety of alternatives to 
Yucca.
  The commission will look at everything from at-reactor dry cask 
storage to reprocessing. The commission will consider having the 
Federal Government take title to nuclear waste, but will also consider 
chartering a Federal corporation to manage nuclear waste.
  Very importantly, the commission will consider the security of 
temporary storage facilities for nuclear waste so we can give 
assurances to communities near nuclear power plants that their safety 
will not be compromised.
  The cosponsors of this legislation do not all share the same views 
about nuclear power and we do not share the same views about nuclear 
waste. For example, I have long said that nuclear waste needs to remain 
on site where it is produced until the Government has a safe and 
scientifically sound solution. Others would like to reprocess and

[[Page S3085]]

reuse nuclear waste in nuclear reactors. Many still feel that some form 
of permanent disposal is a good solution.
  But forming a commission is something the bill's sponsors and others 
agree upon because it will create a process that will help our Nation 
take a critical step away from the failed Yucca Mountain policy.
  I look forward to continuing working with my colleagues to make sure 
we take responsible actions necessary to begin addressing nuclear 
waste.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 591

       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.

[[Page S3086]]

       (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.
                                 ______