S AMDT 591

S 591 IS

To establish a National Commission on High-Level Radioactive Waste and Spent Nuclear Fuel, and for other purposes.

March 12, 2009

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

To establish a National Commission on High-Level Radioactive Waste and 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. 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.