[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4651-S4652]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2309. Mrs. FISCHER submitted an amendment intended to be proposed 
by her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XXXI, insert the 
     following:

     SEC. 31___. AUTHORIZATION TO WAIVE REGULATORY RESTRICTIONS 
                   INHIBITING STOCKPILE STEWARDSHIP.

       (a) Authorization.--
       (1) In general.--The Secretary of Energy may exempt the 
     National Nuclear Security

[[Page S4652]]

     Administration from the applicability of any regulation of 
     the Environmental Protection Agency associated with providing 
     for the safe storage, processing, transportation, and 
     disposal of hazardous waste (including radioactive waste) 
     resulting from nuclear materials production, weapons 
     production and surveillance programs, and naval nuclear 
     propulsion programs of the National Nuclear Security 
     Administration if the Administrator for Nuclear Security 
     determines and reports to the Secretary that the 
     implementation of the regulation could inhibit the capability 
     of the Administration or would otherwise impact the authority 
     of the Administration under section 91 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2121).
       (2) Prohibition on delegation.--The Secretary may not 
     delegate the exemption authority under paragraph (1).
       (b) Duration, Renewal, and Limitation.--
       (1) Duration.--Except as provided by paragraph (2), an 
     exemption issued by the Secretary under subsection (a) shall 
     be in effect for not more than 365 days from the date of 
     issuance of the exemption.
       (2) Renewal.--
       (A) In general.--Subject to subparagraph (B), upon the 
     recommendation of the Administrator for Nuclear Security, the 
     Secretary may renew an exemption issued under subsection (a) 
     for an additional 365 days.
       (B) Limitation.--The Secretary may renew an exemption for a 
     specific regulation not more than twice.
       (C) Rescission of exemptions.-- An exemption issued by the 
     Secretary under subsection (a) may be rescinded if the 
     regulation of the Environmental Protection Agency for which 
     such exemption was obtained is amended by the Administrator 
     of the Environmental Protection Agency with the consultation 
     and advice of the Secretary of Energy.
       (c) Renewal Report.--Not later than 60 days after renewing 
     under subsection (b)(2) an exemption issued under subsection 
     (a), the Secretary of Energy, acting through the 
     Administrator for Nuclear Security, shall submit to the 
     congressional defense committees a report describing the 
     following:
       (1) The rationale for renewing the exemption.
       (2) Steps the Secretary or the Administrator for Nuclear 
     Security can or will take to reduce the necessity for such an 
     exemption in the future, including working with appropriate 
     Federal agencies to ensure that activities required to ensure 
     the safety, security, and effectiveness of the nuclear 
     weapons stockpile are not adversely affected through 
     rulemaking processes.
       (3) As applicable, any statutory relief necessary to ensure 
     regulatory requirements do not adversely affect the 
     capability of the National Nuclear Security Administration to 
     ensure the safety, security, and effectiveness of the nuclear 
     weapons stockpile without the need to return to explosive 
     nuclear testing.
       (d) Memorandum of Agreement.--The Administrator of the 
     Environmental Protection Agency and the Secretary of Energy 
     shall enter into a memorandum of agreement to ensure fulsome 
     cooperation and consideration of the impact of regulatory 
     impacts on the unique missions of the National Nuclear 
     Security Administration to avoid impacts to the military 
     application of atomic energy while--
       (1) achieving risk-informed, cost beneficial protection of 
     public health and safety; and
       (2) ensuring that the effect of any regulation will not be 
     inimical to the common defense and security of the United 
     States.
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