,,ii #aacth ,,congress #ast ,session ,s4 #abdj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bg1 #bjac ,mr4 ,wyden 7for himself1 ,ms4 ,murkowski1 ,mrs4 ,feinstein1 and ,mr4 ,alexander7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to establish a new organization to manage nuclear waste1 provide a consensual process for siting nuclear waste facilities1 ensure adequate funding for managing nuclear waste1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,nuclear ,waste ,administration ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,findings1 purposes1 and definitions ,sec4 #aja4 ,findings4 ,sec4 #ajb4 ,purposes4 ,sec4 #ajc4 ,definitions4 ,,title ,,ii--,nuclear ,waste ,administration ,sec4 #bja4 ,establishment4 ,sec4 #bjb4 ,principal officers4 ,sec4 #bjc4 ,other officers4 ,sec4 #bjd4 ,inspector ,general4 ,sec4 #bje4 ,nuclear ,waste ,oversight ,board4 ,sec4 #bjf4 ,conforming amendments4 ,,title ,,iii--,functions ,sec4 #cja4 ,transfer of functions4 ,sec4 #cjb4 ,transfer of contracts4 ,sec4 #cjc4 ,nuclear waste facilities4 ,sec4 #cjd4 ,siting nuclear waste facilities4 ,sec4 #cje4 ,storage facilities4 ,sec4 #cjf4 ,repositories4 ,sec4 #cjg4 ,licensing nuclear waste facilities4 ,sec4 #cjh4 ,defense waste4 ,sec4 #cji4 ,transportation4 ,,title ,,iv--,funding and legal proceedings ,sec4 #dja4 ,working ,capital ,fund4 ,sec4 #djb4 ,nuclear ,waste ,fund4 ,sec4 #djc4 ,full cost recovery4 ,sec4 #djd4 ,judicial review4 ,sec4 #dje4 ,litigation authority4 ,sec4 #djf4 ,liabilities4 ,,title ,v--,administrative and savings provisions ,sec4 #eja4 ,administrative powers of ,administrator4 ,sec4 #ejb4 ,personnel4 ,sec4 #ejc4 ,offices4 ,sec4 #ejd4 ,mission plan4 ,sec4 #eje4 ,annual reports4 ,sec4 #ejf4 ,savings provisions2 terminations4 ,sec4 #ejg4 ,technical assistance in the field of spent fuel storage and disposal4 ,sec4 #ejh4 ,nuclear ,waste ,technical ,review ,board4 ,sec4 #eji4 ,repeal of volume limitation4 ,i ,findings1 purposes1 and definitions #aja4 ,findings ,congress finds that-- 7#a7 the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja et seq47-- 7,a7 made the ,federal ,government responsible for providing for the permanent disposal of nuclear waste2 7,b7 vested the responsibility for siting1 constructing1 and operating a permanent geologic repository for the disposal of nuclear waste in the ,secretary of ,energy2 and 7,c7 required the ,secretary to enter into binding contracts with the generators and owners of nuclear waste pursuant to which the ,secretary is obligated to have begun disposing of the nuclear waste in a repository not later than ,january #ca1 #aiih2 7#b7 in #aihg1 ,congress designated the ,yucca ,mountain site as the site for the repository and precluded consideration of other sites2 7#c7 in #bjjb1 the ,secretary found the ,yucca ,mountain site to be suitable for the development of the repository1 the ,president recommended the site to ,congress1 and ,congress enacted a joint resolution approving the ,yucca ,mountain site for the repository2 7#d7 in #bjjh1 the ,secretary applied to the ,nuclear ,regulatory ,commission for a license to construct a repository at the ,yucca ,mountain site2 7#e7 in #bjji1 the ,secretary found the ,yucca ,mountain site to be unworkable and abandoned efforts to construct a repository2 7#f7 in #bjaj1 the ,secretary1 at the request of the ,president1 established the ,blue ,ribbon ,commission on ,america's ,nuclear ,future to conduct a comprehensive review of the nuclear waste management policies of the ,united ,states and recommend a new strategy for managing the nuclear waste of the ,united ,states2 and 7#g7 the ,blue ,ribbon ,commission has recommended that ,congress establish a new nuclear waste management organization and adopt a new consensual approach to siting nuclear waste management facilities4 #ajb4 ,purposes ,the purposes of this ,act are-- 7#a7 to establish a new nuclear waste management organization2 7#b7 to transfer to the new organization the functions of the ,secretary relating to the siting1 licensing1 construction1 and operation of nuclear waste management facilities2 7#c7 to establish a new consensual process for the siting of nuclear waste management facilities2 7#d7 to provide for centralized storage of nuclear waste pending completion of a repository2 and 7#e7 to ensure that-- 7,a7 the generators and owners of nuclear waste pay the full cost of the program2 and 7,b7 funds collected for the program are used for that purpose4 #ajc4 ,definitions ,in this ,act3 7#a7 ,administration ,the term ,administration means the ,nuclear ,waste ,administration established by section #bja4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,administration4 7#c7 ,affected ,indian tribe ,the term affected ,indian tribe means any ,indian tribe-- 7,a7 within the reservation boundaries of which a repository or storage facility is proposed to be located2 or 7,b7 that has federally defined possessory or usage rights to other land outside of the reservation boundaries that-- 7i7 arise out of a congressionally ratified treaty2 and 7ii7 the ,secretary of the ,interior finds1 on petition of an appropriate governmental official of the ,indian tribe1 may be substantially and adversely affected by the repository or storage facility4 7#d7 ,affected unit of general local government 7,a7 ,in general ,the term affected unit of general local government means the unit of general local government that has jurisdiction over the site of a repository or storage facility4 7,b7 ,inclusion ,the term affected unit of general local government may include1 at the discretion of the ,administrator1 units of general local government that are contiguous with the unit that has jurisdiction over the site of a repository or storage facility4 7#e7 ,civilian nuclear power reactor ,the term civilian nuclear power reactor has the meaning given the term in section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja74 7#f7 ,commission ,the term ,commission means the ,nuclear ,regulatory ,commission4 7#g7 ,compliance agreement ,the term compliance agreement means a legally enforceable agreement between the ,secretary and a ,federal or ,state agency requiring the removal of defense waste from a ,department of ,energy facility4 7#h7 ,contract holder ,the term contract holder means any person who-- 7,a7 generates or holds title to nuclear waste generated at a civilian nuclear power reactor2 and 7,b7 has entered into a contract for the disposal of nuclear waste under section #cjb7;a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;a77 or this ,act4 7#i7 ,defense waste ,the term defense waste means nuclear waste generated by an atomic energy defense activity 7as defined in section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja774 7#aj7 ,disposal ,the term disposal has the meaning given the term in section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja74 7#aa7 ,emergency delivery 7,a7 ,in general ,the term emergency delivery means nuclear waste accepted by the ,administrator for storage prior to the date provided in the contractual delivery commitment schedule pursuant to article ,v4,d4 of the standard contract for disposal of nuclear waste codified in section #ifa4aa of title #aj1 ,code of ,federal ,regulations4 7,b7 ,inclusion ,the term emergency delivery may include1 at the discretion of the ,administrator1 defense waste that is required to be removed from a ,department of ,energy facility-- 7i7 pursuant to a compliance agreement2 or 7ii7 to eliminate an imminent and serious threat to the health and safety of the public or the common defense and security4 7#ab7 ,high-level radioactive waste ,the term high-level radioactive waste has the meaning given the term in section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja74 7#ac7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja74 7#ad7 ,mission plan ,the term mission plan means the comprehensive report required under section #ejd4 7#ae7 ,nonpriority waste ,the term nonpriority waste means nuclear waste that does not qualify as priority waste4 7#af7 ,nuclear waste ,the term nuclear waste means-- 7,a7 spent nuclear fuel2 and 7,b7 high-level radioactive waste4 7#ag7 ,nuclear waste activities ,the term nuclear waste activities has the meaning given the term in section #aa of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjad74 7#ah7 ,nuclear waste facility ,the term nuclear waste facility means-- 7,a7 a repository2 and 7,b7 a storage facility4 7#ai7 ,nuclear ,waste ,fund ,the term ,nuclear ,waste ,fund means the separate fund in the ,treasury established by section #cjb7;c7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;c774 7#bj7 ,oversight ,board ,the term ,oversight ,board means the ,nuclear ,waste ,oversight ,board established by section #bje4 7#ba7 ,pilot facility ,the term pilot facility means the storage facility for priority waste authorized by section #cjc7a74 7#bb7 ,priority waste ,the term priority waste means-- 7,a7 any emergency delivery2 and 7,b7 spent nuclear fuel removed from a civilian nuclear power reactor that has been permanently shut down4 7#bc7 ,public liability ,the term public liability has the meaning given the term in section #aa of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjad74 7#bd7 ,repository ,the term repository has the meaning given the term in section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja74 7#be7 ,reservation ,the term reservation has the meaning given the term in section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja74 7#bf7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#bg7 ,site characterization 7,a7 ,in general ,the term site characterization means the site-specific activities that the ,administrator determines necessary to support an application to the ,commission for a license to construct a repository or storage facility under section #cje7;c74 7,b7 ,repository site characterization ,in the case of a site for a repository1 the term site characterization may include borings1 surface excavations1 excavations of exploratory shafts1 limited subsurface lateral excavations and borings1 and in situ testing needed to evaluate the suitability of a candidate site for the location of a repository4 7,c7 ,storage site characterization ,in the case of a site for an above-ground storage facility1 the term site characterization does not include subsurface borings and excavations that the ,administrator determines are uniquely associated with underground disposal and unnecessary to evaluate the suitability of a candidate site for the location of an above-ground storage facility4 7,d7 ,preliminary activities ,the term site characterization does not include preliminary borings and geophysical testing needed to assess whether site characterization should be undertaken4 7#bh7 ,spent nuclear fuel ,the term spent nuclear fuel has the meaning given the term in section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja74 7#bi7 ,storage ,the term storage means the temporary retention of nuclear waste pending the disposal of the nuclear waste in a repository4 7#cj7 ,storage facility ,the term storage facility means a facility for the consolidated storage of nuclear waste from multiple contract holders or the ,secretary pending the disposal of the spent nuclear fuel in a repository4 7#ca7 ,unit of general local government ,the term unit of general local government has the meaning given the term in section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja74 7#cb7 ,working ,capital ,fund ,the term ,working ,capital ,fund means the ,nuclear ,waste ,administration ,working ,capital ,fund established by section #dja4 ,,ii ,nuclear ,waste ,administration #bja4 ,establishment 7a7 ,establishment ,there is established an independent agency in the executive branch to be known as the ,nuclear ,waste ,administration4 7b7 ,purpose ,the purposes of the ,administration are-- 7#a7 to discharge the responsibility of the ,federal ,government to provide for the permanent disposal of nuclear waste2 7#b7 to protect the public health and safety and the environment in discharging the responsibility under paragraph 7#a72 and 7#c7 to ensure that the costs of activities under paragraph 7#a7 are borne by the persons responsible for generating the nuclear waste4 #bjb4 ,principal officers 7a7 ,administrator 7#a7 ,appointment ,there shall be at the head of the ,administration a ,nuclear ,waste ,administrator1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate1 from among persons who are1 by reason of education1 experience1 and attainments1 exceptionally well qualified to perform the duties of the ,administrator4 7#b7 ,term ,the term of service of the ,administrator shall be #f years4 7#c7 ,reappointment ,an ,administrator may serve more than #a term4 7#d7 ,functions and powers ,the functions and powers of the ,administration shall be vested in and exercised by the ,administrator4 7#e7 ,supervision and direction ,the ,administration shall be administrated under the supervision and direction of the ,administrator1 who shall be responsible for the efficient and coordinated management of the ,administration4 7#f7 ,delegation ,the ,administrator may1 from time to time and to the extent permitted by law1 delegate such functions of the ,administrator as the ,administrator determines to be appropriate4 7#g7 ,compensation ,the ,president shall fix the total annual compensation of the ,administrator in an amount that-- 7,a7 is sufficient to recruit and retain a person of demonstrated ability and achievement in managing large corporate or governmental organizations2 and 7,b7 does not exceed the total annual compensation paid to the ,chief ,executive ,officer of the ,tennessee ,valley ,authority4 7b7 ,deputy administrator 7#a7 ,appointment ,there shall be in the ,administration a ,deputy ,administrator1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate1 from among persons who are1 by reason of education1 experience1 and attainments1 exceptionally well qualified to perform the duties of the ,deputy ,administrator4 7#b7 ,term ,the term of service of the ,deputy ,administrator shall be #f years4 7#c7 ,reappointment ,a ,deputy ,administrator may serve more than #a term4 7#d7 ,duties ,the ,deputy ,administrator shall-- 7,a7 perform such functions as the ,administrator shall from time to time assign or delegate2 and 7,b7 act as the ,administrator during the absence or disability of the ,administrator or in the event of a vacancy in the office of the ,administrator4 7#e7 ,compensation ,the ,president shall fix the total annual compensation of the ,deputy ,administrator in an amount that-- 7,a7 is sufficient to recruit and retain a person of demonstrated ability and achievement in managing large corporate or governmental organizations2 and 7,b7 does not exceed the total annual compensation paid to the ,administrator4 #bjc4 ,other officers 7a7 ,establishment ,there shall be in the ,administration-- 7#a7 a ,general ,counsel2 7#b7 a ,chief ,financial ,officer1 who shall be appointed from among individuals who possess demonstrated ability in general management of1 and knowledge of and extensive practical experience in1 financial management practices in large governmental or business entities2 and 7#c7 not more than #c ,assistant ,administrators1 who shall perform such functions as the ,administrator shall specify from time to time4 7b7 ,appointment ,officers appointed under this section shall-- 7#a7 be appointed by the ,administrator2 7#b7 be considered career appointees2 and 7#c7 be subject to section #afa d4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbja7;d774 7c7 ,order of succession ,the ,administrator may designate the order in which the officers appointed pursuant to this section shall act for1 and perform the functions of1 the ,administrator during the absence or disability of the ,administrator and the ,deputy ,administrator or in the event of vacancies in the offices of the ,administrator and the ,deputy ,administrator4 #bjd4 ,inspector ,general ,there shall be in the ,administration an ,inspector ,general1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate1 in accordance with section #c of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app474 #bje4 ,nuclear ,waste ,oversight ,board 7a7 ,establishment ,there is established an independent establishment in the executive branch1 to be known as the ,nuclear ,waste ,oversight ,board-- 7#a7 to oversee-- 7,a7 the receipt1 disbursement1 and use of funds in the ,working ,capital ,fund and the ,nuclear ,waste ,fund2 7,b7 the adequacy of the fees collected under section #cjb7;a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;a77 to ensure the full recovery of the costs incurred by the ,federal ,government in carrying out activities under this ,act and the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja et seq472 and 7,c7 the performance of the ,administrator in-- 7i7 fulfilling contracts with contract holders2 and 7ii7 complying with the mission plan2 and 7#b7 to review the annual management reports and financial statements submitted by the ,administrator under section #eje4 7b7 ,members ,the ,oversight ,board shall be composed of #e members appointed by the ,president1 by and with the advice and consent of the ,senate1 from among prominent ,united ,states citizens of integrity and reputation who1 based on the training1 experience1 and attainments of the individuals1 are exceptionally well qualified to evaluate and oversee the administration of this ,act4 7c7 ,political affiliation ,not more than #c members of the ,oversight ,board may be members of the same political party4 7d7 ,terms 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 each member shall serve a term of #e years4 7#b7 ,initial terms 7,a7 ,starting date ,the term of the first #e members appointed to the ,oversight ,board shall be treated as having started on the first ,july #a after the date of enactment of this ,act4 7,b7 ,staggered term ,of the #e members first appointed to the ,board under subparagraph 7,a7-- 7i7 #a shall be appointed for a term of #a year2 7ii7 #a shall be appointed for a term of #b years2 7iii7 #a shall be appointed for a term of #c years2 7iv7 #a shall be appointed for a term of #d years2 and 7v7 #a shall be appointed for a term of #e years4 7#c7 ,extension of term 7,a7 ,in general ,subject to subparagraph 7,b71 a member of the ,oversight ,board may continue to serve after the expiration of the term of the member until a successor is appointed1 has been confirmed1 and has taken the oath of office4 7,b7 ,limitation ,no member of the ,oversight ,board may serve beyond the end of the session of the ,congress in which the term of the member expires4 7#d7 ,vacancies ,a member of the ,oversight ,board appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed only for the remainder of the term of the predecessor4 7#e7 ,reappointment ,a member of the ,oversight ,board may be reappointed for an additional term by the ,president1 by and with the advice and consent of the ,senate4 7e7 ,removal ,the ,president may remove any member of the ,oversight ,board for inefficiency1 neglect of duty1 or malfeasance in office4 7f7 ,chair ,the ,president shall designate #a member of the ,oversight ,board as ,chair of the ,oversight ,board4 7g7 ,acting chair ,the ,chair designated under subsection 7f7 may from time to time designate any other member of the ,oversight ,board to act in the place and stead of the ,chair during the absence4 7h7 ,quorum #c members of the ,oversight ,board shall constitute a quorum for the purpose of doing business4 7i7 ,equal responsibility and authority ,each member of the ,oversight ,board1 including the ,chair1 shall have-- 7#a7 equal responsibility and authority in all decisions and actions of the ,oversight ,board2 7#b7 full access to all information relating to the performance of the duties and responsibilities of the member2 and 7#c7 #a vote4 7j7 ,conflict of interest ,no member of the ,oversight ,board shall-- 7#a7 be employed by the ,administration or the ,department of ,energy2 or 7#b7 have a financial interest in 7including an employment relationship with7 any contract holder or contractor of the ,administration4 7k7 ,compensation 7#a7 ,in general ,each member of the ,oversight ,board shall be paid at the rate of pay payable for level ,,iii of the ,executive ,schedule in subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code1 for each day 7including travel time7 the member is engaged in the work of the ,oversight ,board4 7#b7 ,travel expenses ,each member of the ,oversight ,board may receive travel expenses1 including per diem in lieu of subsistence1 in accordance with sections #egjb and #egjc of title #e1 ,united ,states ,code4 7l7 ,meetings ,the ,oversight ,board shall meet at least once every #ij days4 7m7 ,functions ,the ,oversight ,board shall-- 7#a7 review1 on an ongoing basis-- 7,a7 the progress made by the ,administrator in siting1 constructing1 and operating nuclear waste facilities under this ,act2 7,b7 the use of funds made available to the ,administrator under this ,act2 7,c7 whether the fees collected from contract holders are sufficient to ensure full cost recovery or require adjustment2 and 7,d7 the liability of the ,united ,states to contract holders2 7#b7 identify any problems that may impede the implementation of this ,act2 and 7#c7 recommend to the ,administrator1 the ,president1 or ,congress1 as appropriate1 any actions that may be needed to ensure the implementation of this ,act4 7n7 ,reports ,the ,oversight ,board shall report the findings1 conclusions1 and recommendations of the ,oversight ,board to the ,administrator1 the ,president1 and ,congress not less than once per year4 7o7 ,response by the administrator ,not later than #de days after the date on which the ,oversight ,board submits a report to the ,administrator under subsection 7n71 the ,administrator shall transmit to the ,oversight ,board1 in writing-- 7#a7 a statement of whether the ,administrator accepts or rejects1 in whole or in part1 the recommendations submitted by the ,oversight ,board2 7#b7 a description of the actions taken in response to the recommendations 7or an explanation of the reasons for not acting on the recommendations72 and 7#c7 the views of the ,administrator on the recommendations4 7p7 ,public availability ,the ,administrator shall make all reports under subsection 7n7 and all responses from the ,administrator under subsection 7o7 available to the public4 7q7 ,executive ,secretary ,the ,oversight ,board shall appoint and fix the compensation of an ,executive ,secretary1 who shall-- 7#a7 assemble and maintain the reports1 records1 and other papers of the ,oversight ,board2 and 7#b7 perform such functions as the ,oversight ,board shall from time to time assign or delegate to the ,executive ,secretary4 7r7 ,additional staff 7#a7 ,appointment ,the ,oversight ,board may appoint and fix the compensation of such additional clerical and professional staff as may be necessary to discharge the responsibilities of the ,oversight ,board4 7#b7 ,limitation ,the ,oversight ,board may appoint not more than #aj clerical or professional staff members under this subsection4 7#c7 ,supervision and direction ,the clerical and professional staff of the ,oversight ,board shall be under the supervision and direction of the ,executive ,secretary4 7s7 ,staff compensation 7#a7 ,clerical staff ,clerical staff shall be appointed subject to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and shall be paid in accordance with the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule rates4 7#b7 ,professional staff ,professional staff members may be appointed without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and may be paid without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of that title relating to classification and ,general ,schedule pay rates1 except that no individual so appointed may receive pay in excess of the maximum rate of pay under the ,general ,schedule4 7t7 ,access to information 7#a7 ,duty to inform ,the ,administrator shall keep the ,oversight ,board fully and currently informed on all of the activities of the ,administration4 7#b7 ,production of documents ,the ,administrator shall provide the ,oversight ,board with any records1 files1 papers1 data1 or information requested by the ,oversight ,board4 7u7 ,support services ,to the extent permitted by law and requested by the ,oversight ,board1 the ,administrator of ,general ,services shall provide the ,oversight ,board with necessary administrative services1 facilities1 and support on a reimbursable basis4 7v7 ,health1 safety1 and environmental regulation ,nothing in this section gives the ,oversight ,board jurisdiction to regulate the activities of the ,administration to protect the health and safety of the public or the environment4 7w7 ,authorization of appropriations ,there are authorized to be appropriated to the ,oversight ,board from amounts in the ,nuclear ,waste ,fund such sums as are necessary to carry out this section4 #bjf4 ,conforming amendments 7a7 ,section #ija7;b77#b7 of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 7,r7 ,the ,nuclear ,waste ,administration4 4 7b7 ,section #ab of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in paragraph 7#a71 by inserting the ,nuclear ,waste ,administration2 after ,export-,import ,bank22 and 7#b7 in paragraph 7#b71 by inserting the ,nuclear ,waste ,administration1 after ,export-,import ,bank14 ,,iii ,functions #cja4 ,transfer of functions ,there are transferred to and vested in the ,administrator all functions vested in the ,secretary by the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja et seq47 relating to-- 7#a7 the construction and operation of a repository2 7#b7 entering into and performing contracts for the disposal of nuclear waste under section #cjb of that ,act 7#db ,u4,s4,c4 #ajbbb72 7#c7 the collection1 adjustment1 deposition1 and use of fees to offset expenditures for the management of nuclear waste2 and 7#d7 the issuance of obligations under section #cjb7;e77#e7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;e77#e774 #cjb4 ,transfer of contracts ,each contract for the disposal of nuclear waste entered into by the ,secretary before the date of enactment of this ,act shall continue in effect according to the terms of the contract with the ,administrator substituted for the ,secretary4 #cjc4 ,nuclear waste facilities ,the ,administrator shall site1 construct1 and operate-- 7#a7 a pilot facility for the storage of priority waste2 7#b7 #a or more additional storage facilities for the storage of nonpriority nuclear waste2 and 7#c7 #a or more repositories for the permanent disposal of nuclear waste4 #cjd4 ,siting nuclear waste facilities ,in siting nuclear waste facilities under this ,act or performing any function transferred under section #cja7a71 the ,administrator shall employ a process that-- 7#a7 allows affected communities to decide whether1 and on what terms1 the affected communities will host a nuclear waste facility2 7#b7 is open to the public and allows interested persons to be heard in a meaningful way2 7#c7 is flexible and allows decisions to be reviewed and modified in response to new information or new technical1 social1 or political developments2 and 7#d7 is based on sound science and meets public health1 safety1 and environmental standards4 #cje4 ,storage facilities 7a7 ,establishment of storage facility program ,the ,administrator shall establish a storage program to license1 construct1 and operate through #a or more non-,federal sector partners1 #a or more government or non-federally owned storage facilities to provide interim storage1 as needed1 for spent nuclear fuel and high-level radioactive waste4 7b7 ,pilot program for the storage of priority waste 7#a7 ,request for proposals 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall issue a request for proposals for cooperative agreements for a pilot program for the storage of priority waste-- 7i7 to obtain any license from the ,nuclear ,regulatory ,commission and any other ,federal or ,state entity that is necessary for the construction of #a or more storage facilities2 7ii7 to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste1 as applicable2 and 7iii7 to demonstrate the safe storage of spent nuclear and high-level radioactive waste1 as applicable1 at the #a or more storage facilities1 pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel or high-level radioactive waste4 7,b7 ,guidelines 7i7 ,in general ,the request for proposals under subparagraph 7,a7 shall include general guidelines for the consideration of storage facilities consistent with each requirement of section #aab7;a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajacb7;a771 that the ,administrator determines to be applicable to above-ground storage4 7ii7 ,revisions ,the ,administrator may revise the general guidelines from time to time1 consistent with this section4 7#b7 ,reviews of ,proposals 7,a7 ,in general ,the ,administrator shall review each proposal submitted under paragraph 7#a7 to evaluate-- 7i7 the extent to which the applicable ,states1 affected units of general local government1 and affected ,indian tribes support the proposal2 7ii7 the likelihood that the proposed site is suitable for site characterization under the guidelines under paragraph 7#a77;,b72 7iii7 a reasonable comparative evaluation of the proposed site and other proposed sites2 7iv7 the extent to which nuclear wastes are1 or are planned to be1 stored or disposed of within the ,state2 7v7 the extent to which each proposal would-- 7,i7 enhance the reliability and flexibility of the system for the disposal of nuclear waste1 including co-location with a proposed permanent geological repository2 and 7,,ii7 minimize the impacts of transportation and handling of nuclear waste2 7vi7 potential conflicts with-- 7,i7 a compliance agreement requiring removal of nuclear waste from a site2 or 7,,ii7 a statutory prohibition on the storage or disposal of nuclear waste at a site2 and 7vii7 any other criteria1 including criteria relating to technical or safety specifications1 that the ,administrator determines to be appropriate4 7,b7 ,preference for co-located repository and storage facility ,in reviewing proposals submitted under paragraph 7#a71 the ,administrator shall give preference to sites proposed to be co-located with-- 7i7 additional storage facilities for nonpriority waste2 or 7ii7 a repository4 7#c7 ,site characterization 7,a7 ,determination of suitability ,after conducting a review under paragraph 7#b7 and any additional site investigation that the ,administrator determines to be appropriate1 the ,administrator shall determine whether the site is suitable for site characterization4 7,b7 ,selection of site for characterization ,from the sites determined to be suitable for site characterization under subparagraph 7,a71 the ,administrator shall select at least #a site for site characterization1 giving priority to sites that have been proposed to be co-located with a permanent geological repository1 after-- 7i7 holding public hearings in the vicinity of each site and at least #a other location within the ,state in which the site is located2 and 7ii7 notifying ,congress4 7,c7 ,cooperative agreement ,on selection of a site for characterization under subparagraph 7,b71 the ,administrator may enter into a cooperative agreement1 subject to section #dja7;e71 with the ,state1 affected units of general local government1 and affected ,indian tribes1 as applicable1 that includes-- 7i7 terms of financial and technical assistance to enable each applicable unit of government to monitor1 review1 evaluate1 comment on1 obtain information on1 make recommendations on1 and mitigate any impacts from1 site characterization activities2 and 7ii7 any other term that the ,administrator determines to be appropriate4 7#d7 ,site selection 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 on completion of site characterization activities1 the ,administrator shall-- 7i7 make a final determination for each site of whether the site is suitable for development as a storage facility2 and 7ii7 select #a or more suitable sites for storage facilities4 7,b7 ,consent-,based ,approval ,before selecting a site for developing a storage facility1 the ,administrator shall enter into a consent agreement1 subject to section #dja7;e71 to host the facility with-- 7i7 the ,governor or other authorized official of the ,state in which the site is proposed to be located2 7ii7 each affected unit of general local government2 and 7iii7 any affected ,indian tribe4 7,c7 ,binding effect ,the consent agreement-- 7i7 shall be binding on the parties1 subject to section #dja7;e72 and 7ii7 shall not be amended or revoked except by mutual agreement of the parties4 7#e7 ,submission of program plan ,not less than #cj days before selecting a site for development of a storage facility under paragraph 7#d71 the ,administrator shall submit to ,congress a program plan that includes-- 7,a7 a list of the #a or more sites the ,administrator proposes to select for a storage facility2 7,b7 an estimate of the cost of licensing1 constructing1 and operating each storage facility1 including the transportation costs1 on an annual basis1 over the expected lifetime of the storage facility2 7,c7 a schedule for-- 7i7 obtaining from the ,nuclear ,regulatory ,commission any license necessary to construct and operate the storage facility2 7ii7 constructing the storage facility2 7iii7 transporting spent fuel to the storage facility2 and 7iv7 removing the spent fuel from1 and decommissioning of1 the storage facility2 7,d7 an estimate of the cost of any financial assistance1 compensation1 or incentives proposed to be paid to the host ,state1 ,indian tribe1 or unit of local government2 7,e7 an estimate of any future reductions in the damages expected to be paid by the ,united ,states for the delay of the ,department of ,energy in accepting spent fuel expected to result from the storage facilities developed under this section2 and 7,f7 recommendations for any additional legislation needed to authorize and implement the program4 7#f7 ,submission of license application ,on selection of a site under paragraph 7#d71 the applicant 7in the case of a non-,federal facility7 or the ,administrator 7in the case of a federally owned facility7 shall submit to the ,commission an application for a construction authorization for the storage facility4 7c7 ,additional storage facilities for nonpriority waste 7#a7 ,in general ,the ,administrator shall seek to ensure that efforts to site1 construct1 and operate a storage facility for nonpriority waste are accompanied by parallel efforts to site1 construct1 and operate #a or more repositories4 7#b7 ,storage facilities for nonpriority waste ,except as provided in paragraphs 7#c7 and 7#d71 the ,administrator may issue requests for proposals and select sites for site characterization for #a or more additional storage facility for nonpriority waste as the ,administrator determines to be necessary-- 7,a7 subject to the terms and conditions of this section2 and 7,b7 in accordance with the mission plan developed under section #ejd4 7#c7 ,first #aj years ,during the #aj-year period following the date of enactment of this ,act1 the ,administrator may not issue an additional request for proposals or select a site for site characterization for an additional storage facility for nonpriority waste unless the ,administrator has obligated funds for activities under section #cjf4 7#d7 ,after first #aj years ,after the date that is #aj years after the date of enactment of this ,act1 the ,administrator may not issue an additional request for proposals or select a site for site characterization for an additional storage facility for nonpriority waste until the ,administrator has selected a site for evaluation under section #cjf7;b77#b74 7#e7 ,storage of priority waste ,nothing in this section precludes the ,administrator from storing priority waste at a storage facility for nonpriority waste4 #cjf4 ,repositories 7a7 ,siting guidelines 7#a7 ,issuance ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall issue general guidelines for the consideration of candidate sites for repositories1 which shall-- 7,a7 comply with the requirements of section #aab7;a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajacb7;a772 and 7,b7 require the ,administrator to take into account the extent to which a repository would-- 7i7 enhance the reliability and flexibility of the system for the disposal of nuclear waste2 and 7ii7 minimize the impacts of transportation and handling of nuclear waste4 7#b7 ,revisions ,the ,administrator may revise the guidelines in a manner consistent with this subsection and section #aab7;a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajacb7;a774 7b7 ,identification of candidate sites 7#a7 ,review of potential sites ,as soon as practicable after the date of the issuance of the guidelines under subsection 7a71 the ,administrator shall evaluate potential sites for a repository to determine whether the sites are suitable for site characterization4 7#b7 ,sites eligible for review ,the ,administrator shall select sites for evaluation under paragraph 7#a7 from among sites recommended by-- 7,a7 the ,governor or duly authorized official of the ,state in which the site is located2 7,b7 the governing body of the affected unit of general local government2 7,c7 the governing body of an ,indian tribe within the reservation boundaries of which the site is located2 or 7,d7 the ,administrator1 after consultation with1 and with the consent of-- 7i7 the ,governor of the ,state in which the site is located2 7ii7 the governing body of the affected unit of general local government2 and 7iii7 the governing body of the ,indian tribe1 if the site is located within the reservation of an ,indian tribe4 7#c7 ,site investigations ,in evaluating a site under this subsection prior to any determination of the suitability of the site for site characterization1 the ,administrator-- 7,a7 shall use available geophysical1 geological1 geochemical1 hydrological1 and other information2 and 7,b7 shall not perform any preliminary borings or excavations at the site unless necessary to determine the suitability of the site and authorized by the landowner4 7#d7 ,determination of suitability ,the ,administrator shall determine whether a site is suitable for site characterization based on an environmental assessment of the site1 which shall include-- 7,a7 an evaluation by the ,administrator of whether the site is suitable for development as a repository under the guidelines established under subsection 7a71 including a safety case that provides the basis for confidence in the safety of the proposed nuclear waste facility at the proposed site2 7,b7 an evaluation by the ,administrator of the effects of site characterization activities on public health and safety and the environment2 7,c7 a reasonable comparative evaluation of the proposed site and other proposed sites2 7,d7 a description of the decision process by which the site was recommended2 7,e7 an assessment of the regional and local impacts of locating a repository at the site1 including the extent to which nuclear wastes are1 or are planned to be1 stored or disposed of within the ,state2 and 7,f7 potential conflicts with-- 7i7 a compliance agreement requiring removal of nuclear waste from a site2 or 7ii7 a statutory prohibition on the storage or disposal of nuclear waste at a site4 7c7 ,site characterization 7#a7 ,selection of sites ,from among the sites determined to be suitable for site characterization under subsection 7b71 the ,administrator shall select at least #a site for site characterization as a repository4 7#b7 ,preference for co-located repository and storage facility ,in selecting sites for site characterization as a repository1 the ,administrator shall give preference and priority to sites determined to be suitable for co-location of a storage facility and a repository4 7#c7 ,public hearings ,before selecting a site for site characterization1 the ,administrator shall hold public hearings in the vicinity of the site and at least #a other location within the ,state in which the site is located-- 7,a7 to inform the public of the proposed site characterization2 and 7,b7 to solicit public comments and recommendations with respect to the site characterization plan of the ,administrator4 7#d7 ,consultation and cooperation agreement 7,a7 ,requirement ,before selecting a site for site characterization1 the ,administrator shall enter into a consultation and cooperation agreement1 subject to section #dja7;e71 with-- 7i7 the ,governor of the ,state in which the site is located2 7ii7 the governing body of the affected unit of general local government2 and 7iii7 the governing body of any affected ,indian tribe4 7,b7 ,contents ,the consultation and cooperation agreement shall provide-- 7i7 compensation to the ,state1 any affected units of local government1 and any affected ,indian tribes for any potential economic1 social1 public health and safety1 and environmental impacts associated with site characterization2 and 7ii7 financial and technical assistance to enable the ,state1 affected units of local government1 and affected ,indian tribes to monitor1 review1 evaluate1 comment on1 obtain information on1 and make recommendations on site characterization activities4 7d7 ,final site suitability determination 7#a7 ,determination required ,on completion of site characterization activities1 the ,administrator shall make a final determination of whether the site is suitable for development as a repository4 7#b7 ,basis of determination ,in making a determination under paragraph 7#a71 the ,administrator shall determine if-- 7,a7 the site is scientifically and technically suitable for development as a repository1 taking into account-- 7i7 whether the site meets the siting guidelines of the ,administrator2 and 7ii7 whether there is reasonable assurance that a repository at the site will meet-- 7,i7 the radiation protection standards of the ,administrator of the ,environmental ,protection ,agency2 and 7,,ii7 the licensing standards of the ,commission2 and 7,b7 development of a repository or storage facility at the site is in the national interest4 7#c7 ,public hearings ,before making a final determination under paragraph 7#a71 the ,administrator shall hold public hearings in the vicinity of the site and at least #a other location within the ,state in which the site is located to solicit public comments and recommendations on the proposed determination4 7e7 ,consent agreements 7#a7 ,requirement ,on making a final determination of site suitability under subsection 7e71 but before submitting a license application to the ,commission under subsection 7g71 the ,administrator shall enter into a consent agreement1 subject to section #dja7;e71 with-- 7,a7 the ,governor or other authorized official of the ,state in which the site is located2 7,b7 the governing body of the affected unit of general local government2 and 7,c7 if the site is located on a reservation1 the governing body of the affected ,indian tribe4 7#b7 ,contents ,the consent agreement shall-- 7,a7 contain the terms and conditions on which each ,state1 local government1 and ,indian tribe1 as applicable1 consents to host the repository2 and 7,b7 express the consent of each ,state1 local government1 and ,indian tribe to host the repository4 7#c7 ,terms and conditions ,the terms and conditions under paragraph 7#b77;,a7-- 7,a7 shall promote the economic and social well-being of the people living in the vicinity of the repository2 and 7,b7 may include-- 7i7 financial compensation and incentives2 7ii7 economic development assistance2 7iii7 operational limitations or requirements2 and 7iv7 regulatory oversight authority4 7#d7 ,binding effect ,the consent agreement-- 7,a7 shall be binding on the parties1 subject to section #dja7;e72 and 7,b7 shall not be amended or revoked except by mutual agreement of the parties4 7f7 ,submission of license application ,on determining that a site is suitable under subsection 7d7 and ratification of a consent agreement under subsection 7e71 the ,administrator shall submit to the ,commission an application for a construction authorization for the repository4 #cjg4 ,licensing nuclear waste facilities ,the construction and operation of a storage facility or repository under this ,act shall be subject to-- 7#a7 all applicable standards for the protection of the general environment from offsite releases of radioactive material2 7#b7 the licensing and regulatory jurisdiction of the ,commission1 including all applicable criteria and requirements issued by the ,commission under section #aba7;b7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajada7;b772 and 7#c7 the terms and conditions of each consent agree entered into under section #cje7;b77#d7 or section #cjf7;e74 #cjh4 ,defense waste 7a7 ,disposal and storage by ,administration ,the ,secretary-- 7#a7 shall arrange for the ,administrator to dispose of defense wastes in a repository developed under this ,act2 and 7#b7 may arrange for the ,administrator to store defense wastes in storage facilities developed under this ,act pending disposal in a repository4 7b7 ,memorandum of agreement ,the arrangements shall be covered by a memorandum of agreement between the ,secretary and the ,administrator4 7c7 ,costs ,the portion of the cost of developing1 constructing1 and operating the repository or storage facilities under this ,act that is attributable to defense wastes shall be allocated to the ,federal ,government and paid by the ,federal ,government into the ,working ,capital ,fund4 7d7 ,prohibition ,no defense waste may be stored or disposed of by the ,administrator in any storage facility or repository constructed under this ,act until funds are appropriated to the ,working ,capital ,fund in an amount equal to the fees that would be paid by contract holders under section #cjb of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7 if such nuclear waste were generated by a contract holder4 7e7 ,commingling determination 7#a7 ,reevaluation ,notwithstanding section #h of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajajg71 the ,secretary may reevaluate the decision to commingle defense wastes with nuclear waste from civilian nuclear power reactors4 7#b7 ,notification ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall notify the ,president and the appropriate committees of ,congress of whether the ,secretary intends to reevaluate the decision under paragraph 7#a7 and the reasons for that decision4 7#c7 ,separate nuclear waste facilities ,if the ,secretary finds1 after conducting the reevaluation under paragraph 7#a71 that the development of separate nuclear waste facilities for the storage or disposal of defenses wastes is necessary or appropriate for the efficient management of defenses wastes1 the ,administrator may1 with the concurrence of the ,president1 site1 construct1 and operate #a or more separate nuclear waste facilities for the storage or disposal of defenses wastes4 #cji4 ,transportation 7a7 ,in general ,the ,administrator shall be responsible for transporting nuclear waste-- 7#a7 from the site of a contract holder to a storage facility or repository2 7#b7 from a storage facility to a repository2 and 7#c7 in the case of defense waste1 from a ,department of ,energy site to a repository4 7b7 ,certified packages ,no nuclear waste may be transported under this ,act except in packages-- 7#a7 the design of which has been certified by the ,commission2 and 7#b7 that have been determined by the ,commission to satisfy the quality assurance requirements of the ,commission4 7c7 ,notification ,prior to any transportation of nuclear waste under this ,act1 the ,administrator shall provide advance notification to ,states and ,indian tribes through whose jurisdiction the ,administrator plans to transport the nuclear waste4 7d7 ,transportation assistance 7#a7 ,public education ,the ,administrator shall conduct a program to provide information to the public about the transportation of nuclear waste4 7#b7 ,training ,the ,administrator shall provide financial and technical assistance to ,states and ,indian tribes through whose jurisdiction the ,administrator plans to transport nuclear waste to train public safety officials and other emergency responders on-- 7,a7 procedures required for the safe1 routine transportation of nuclear waste2 and 7,b7 procedures for dealing with emergency response situations involving nuclear waste1 including instruction of-- 7i7 government and tribal officials and public safety officers in command and control procedures2 7ii7 emergency response personnel2 and 7iii7 radiological protection and emergency medical personnel4 7#c7 ,equipment ,the ,administrator shall provide monetary grants and contributions in-kind to assist ,states and ,indian tribes through whose jurisdiction the ,administrator plans to transport nuclear waste for the purpose of acquiring equipment for responding to a transportation incident involving nuclear waste4 7#d7 ,transportation safety programs ,the ,administrator shall provide in-kind1 financial1 technical1 and other appropriate assistance to ,states and ,indian tribes through whose jurisdiction the ,administrator plans to transport nuclear waste for transportation safety programs related to shipments of nuclear waste4 ,,iv ,funding and legal proceedings #dja4 ,working ,capital ,fund 7a7 ,establishment ,there is established in the ,treasury a separate fund1 to be known as the ,nuclear ,waste ,administration ,working ,capital ,fund1 which shall be separate from the ,nuclear ,waste ,fund4 7b7 ,contents ,the ,working ,capital ,fund shall consist of-- 7#a7 all fees paid by contract holders pursuant to section #cjb7;a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;a77 on or after the date of enactment of this ,act1 which shall be paid into the ,working ,capital ,fund-- 7,a7 notwithstanding section #cjb7;c77#a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;c77#a772 and 7,b7 immediately on the payment of the fees2 7#b7 any appropriations made by ,congress to pay the share of the cost of the program established under this ,act attributable to defense wastes2 and 7#c7 interest paid on the unexpended balance of the ,working ,capital ,fund4 7c7 ,availability ,all funds deposited in the ,working ,capital ,fund-- 7#a7 shall be immediately available to the ,administrator to carry out the functions of the ,administrator1 except to the extent limited in annual authorization or appropriation ,acts2 7#b7 shall remain available until expended2 and 7#c7 shall not be subject to apportionment under subchapter ,,ii of chapter #ae of title #ca1 ,united ,states ,code4 7d7 ,use of ,fund ,except to the extent limited in annual authorization or appropriation ,acts1 the ,administrator may make expenditures from the ,working ,capital ,fund only for purposes of carrying out functions authorized by this ,act4 7e7 ,contract authority ,any contract or agreement that authorizes an expenditure or obligation exceeding an amount available in the ,working ,capital ,fund for the expenditure or obligation 7including any cooperative agreement1 consultation1 and cooperation agreement1 or consent agreement under section #cje or #cjf7 shall be subject to appropriation4 7f7 ,performance-,based funding ,no fees paid by contract holders pursuant to section #cjb7;a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;a77 shall be paid into the ,working ,capital ,fund after ,december #ca1 #bjbe1 unless the ,administrator is operating a nuclear waste facility by that date4 #djb4 ,nuclear ,waste ,fund 7a7 ,elimination of legislative veto ,section #cjb7;a77#d7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;a77#d77 is amended in the last sentence by striking transmittal unless and all that follows through the end of the sentence and inserting transmittal44 7b7 ,administration of the waste fund ,section #cjb7;e7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;e77 is amended-- 7#a7 by striking ,secretary each place it appears 7except where it appears in the context of the ,secretary of the ,treasury7 and inserting ,administrator of the ,nuclear ,waste ,administration2 and 7#b7 by striking the ,waste ,fund each place it appears and inserting the ,waste ,fund or the ,working ,capital ,fund established by section #dja of the ,nuclear ,waste ,administration ,act of #bjac4 #djc4 ,full cost recovery ,in determining whether insufficient or excess revenues are being collected to ensure full cost recovery under section #cjb7;a77#d7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;a77#d771 the ,administrator shall-- 7#a7 assume that sufficient funds will be appropriated to the ,nuclear ,waste ,fund to cover the costs attributable to disposal of defense wastes2 and 7#b7 take into account the additional costs resulting from the enactment of this ,act4 #djd4 ,judicial review 7a7 ,jurisdiction 7#a7 ,courts of appeals ,except for review in the ,supreme ,court1 a ,united ,states court of appeals shall have original and exclusive jurisdiction over any civil action-- 7,a7 for review of any final decision or action of the ,administrator or the ,commission under this ,act2 7,b7 alleging the failure of the ,administrator or the ,commission to make any decision1 or take any action1 required under this ,act2 7,c7 challenging the constitutionality of any decision made1 or action taken1 under this ,act2 or 7,d7 for review of any environmental assessment or environmental impact statement prepared pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to any action under this ,act1 or alleging a failure to prepare any such assessment or statement with respect to any such action4 7#b7 ,venue ,the venue of any proceeding under this section shall be in-- 7,a7 the judicial circuit in which the petitioner involved resides or has the principal office of the petitioner2 or 7,b7 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7b7 ,deadline for commencing action 7#a7 ,in general ,except as provided in paragraph 7#b71 a civil action for judicial review described in subsection 7a77#a7 may be brought not later than the date that is #ahj days after the date of the decision or action or failure to act involved4 7#b7 ,no knowledge of decision or action ,if a party shows that the party did not know of the decision or action complained of 7or of the failure to act7 and that a reasonable person acting under the circumstances would not have known1 the party may bring a civil action not later than #ahj days after the date the party acquired actual or constructive knowledge of the decision1 action1 or failure to act4 #dje4 ,litigation authority 7a7 ,supervision by attorney general ,the litigation of the ,administration shall be subject to the supervision of the ,attorney ,general pursuant to chapter #ca of title #bh1 ,united ,states ,code4 7b7 ,attorneys of ,administration ,the ,attorney ,general may authorize any attorney of the ,administration to conduct any civil litigation of the ,administration in any ,federal court1 except the ,supreme ,court4 #djf4 ,liabilities 7a7 ,pending legal proceedings ,any suit1 cause of action1 or judicial proceeding commenced by or against the ,secretary relating to functions or contracts transferred to the ,administrator by this ,act shall-- 7#a7 not abate by reason of the enactment of this ,act2 and 7#b7 continue in effect with the ,administrator substituted for the ,secretary4 7b7 ,settlement of pending litigation2 contract modification 7#a7 ,settlement ,the ,attorney ,general1 in consultation with the ,administrator1 shall settle all claims against the ,united ,states by a contract holder for the breach of a contract for the disposal of nuclear waste under section #cjb7;a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;a77 as a condition precedent of an agreement of the ,administrator to take title to and store the nuclear waste of the contract holder at a storage facility4 7#b7 ,contract modification ,the ,administrator and contract holders shall modify contracts entered into under section #cjb7;a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;a77 in accordance with the settlement under paragraph 7#a74 7c7 ,payment of judgments and settlements ,payment of judgments and settlements in cases arising from the failure of the ,secretary to meet the deadline of ,january #ca1 #aiih1 to begin to dispose of nuclear waste under contracts entered into under section #cjb7;a77#a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;a77#a77 shall continue to be paid from the permanent judgment appropriation established pursuant to section #acjd of title #ca1 ,united ,states ,code4 7d7 ,new contracts ,notwithstanding section #cjb7;a77#e7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;a77#e771 the ,administrator shall not enter into any contract after the date of enactment of this ,act that obligates the ,administrator to begin disposing of nuclear waste before the ,commission has licensed the ,administrator to operate a repository or storage facility4 7e7 ,nuclear indemnification 7#a7 ,indemnification agreements ,for purposes of section #agj of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbaj7 7commonly known as the ,price-,anderson ,act7-- 7,a7 any person that conducts nuclear waste activities under a contract with the ,administrator that may involve the risk of public liability shall be treated as a contractor of the ,secretary2 and 7,b7 the ,secretary shall enter into an agreement of indemnification with any person described in subparagraph 7,a74 7#b7 ,conforming amendment ,section #aa ff4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjad7;ff77 is amended by inserting or the ,nuclear ,waste ,administration after ,secretary of ,energy4 ,v ,administrative and savings provisions #eja4 ,administrative powers of ,administrator ,the ,administrator shall have the power-- 7#a7 to perform the functions of the ,secretary transferred to the ,administrator pursuant to this ,act2 7#b7 to enter into contracts with any person who generates or holds title to nuclear waste generated in a civilian nuclear power reactor for the acceptance of title1 subsequent transportation1 storage1 and disposal of the nuclear waste2 7#c7 to enter into and perform contracts1 leases1 and cooperative agreements with public agencies1 private organizations1 and persons necessary or appropriate to carry out the functions of the ,administrator2 7#d7 to acquire1 in the name of the ,united ,states1 real estate for the construction1 operation1 and decommissioning of nuclear waste facilities2 7#e7 to obtain from the ,administrator of ,general ,services the services the ,administrator of ,general ,services is authorized to provide agencies of the ,united ,states1 on the same basis as those services are provided to other agencies of the ,united ,states2 7#f7 to conduct nongeneric research1 development1 and demonstration activities necessary or appropriate to carrying out the functions of the ,administrator2 and 7#g7 to make such rules and regulations1 not inconsistent with this ,act1 as may be necessary to carry out the functions of the ,administrator4 #ejb4 ,personnel 7a7 ,officers and employees 7#a7 ,appointment ,in addition to the senior officers described in section #bjc1 the ,administrator may appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the ,administration4 7#b7 ,compensation ,except as provided in paragraph 7#c71 officers and employees appointed under this subsection shall be appointed in accordance with the civil service laws and the compensation of the officers and employees shall be fixed in accordance with title #e1 ,united ,states ,code4 7#c7 ,exception ,notwithstanding paragraph 7#b71 the ,administrator may1 to the extent the ,administrator determines necessary to discharge the responsibilities of the ,administrator-- 7,a7 appoint exceptionally well qualified individuals to scientific1 engineering1 or other critical positions without regard to the provisions of chapter #cc of title #e1 ,united ,states ,code1 governing appointments in the competitive service2 and 7,b7 fix the basic pay of any individual appointed under subparagraph 7,a7 at a rate of not more than level ,i of the ,executive ,schedule without regard to the civil service laws1 except that the total annual compensation of the individual shall be at a rate of not more than the highest total annual compensation payable under section #ajd of title #c1 ,united ,states ,code4 7#d7 ,merit principles ,the ,administrator shall ensure that the exercise of the authority granted under paragraph 7#c7 is consistent with the merit principles of section #bcja of title #e1 ,united ,states ,code4 7b7 ,experts and consultants ,the ,administrator may obtain the temporary or intermittent services of experts or consultants as authorized by section #caji of title #e1 ,united ,states ,code4 7c7 ,advisory committees 7#a7 ,establishment ,the ,administrator may establish1 in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 such advisory committees as the ,administrator may consider appropriate to assist in the performance of the functions of the ,administrator4 7#b7 ,compensation ,a member of an advisory committee1 other than a full-time employee of the ,federal ,government1 may be allowed travel expenses1 including per diem in lieu of subsistence1 as authorized by section #egjc of title #e1 ,united ,states ,code1 for individuals in the ,government service without pay1 while attending meetings of the advisory committee or otherwise serving away from the homes or regular place of business of the member at the request of the ,administrator4 #ejc4 ,offices 7a7 ,principal office ,the principal office of the ,administration shall be in or near the ,district of ,columbia4 7b7 ,field offices ,the ,administrator may maintain such field offices as the ,administrator considers necessary to carry out the functions of the ,administrator4 #ejd4 ,mission plan 7a7 ,in general ,the ,administrator shall prepare a mission plan1 which shall-- 7#a7 provide an informational basis sufficient to permit informed decisions to be made in carrying out the functions of the ,administrator2 and 7#b7 provide verifiable indicators for oversight of the performance of the ,administrator4 7b7 ,contents ,the mission plan shall include-- 7#a7 a description of the actions the ,administrator plans to take to carry out the functions of the ,administrator under this ,act2 7#b7 schedules and milestones for carrying out the functions of the ,administrator1 which shall provide for the operation of-- 7,a7 a pilot facility not later than ,december #ca1 #bjba2 7,b7 a storage facility for nonpriority waste not later than ,december #ca1 #bjbe2 and 7,c7 a repository not later than ,december #ca1 #bjdh2 and 7#c7 an estimate of the amounts that the ,administration will need ,congress to appropriate from the ,nuclear ,waste ,fund 7in addition to amounts expected to be available from the ,working ,capital ,fund7 to carry out the functions of the ,nuclear ,waste ,fund1 on an annual basis4 7c7 ,proposed mission plan ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall submit a proposed mission plan for comment to-- 7#a7 ,congress2 7#b7 the ,oversight ,board2 7#c7 the ,commission2 7#d7 the ,nuclear ,waste ,technical ,review ,board established by section #ejb of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbfb72 7#e7 the ,states2 7#f7 affected ,indian tribes2 and 7#g7 such other interested persons as the ,administrator considers appropriate4 7d7 ,public notice and comment ,on submitting the proposed mission plan for comment under subsection 7c71 the ,administrator shall-- 7#a7 publish a notice in the ,federal ,register of the availability of the proposed mission plan for public comment2 and 7#b7 provide interested persons an opportunity to comment on the proposed plan4 7e7 ,submission of final mission plan ,after consideration of the comments received1 the ,administrator shall-- 7#a7 revise the proposed mission plan to the extent that the ,administrator considers appropriate2 and 7#b7 submit the final mission plan1 along with a general statement responding to any significant issues raised in the comments received on the proposed mission plan1 to the appropriate committees of ,congress1 the ,president1 and the ,oversight ,board4 7f7 ,revision of the mission plan ,the ,administrator shall-- 7#a7 revise the mission plan1 as appropriate1 to reflect major changes in the planned activities1 schedules1 milestones1 and cost estimates reported in the mission plan2 and 7#b7 submit the revised mission plan to ,congress1 the ,president1 and the ,oversight ,board prior to implementing the proposed changes4 #eje4 ,annual reports 7a7 ,in general ,the ,administrator shall annually prepare and submit to ,congress1 the ,president1 and the ,oversight ,board a comprehensive report on the activities and expenditures of the ,administration4 7b7 ,management report ,the annual report submitted under subsection 7a7 shall include-- 7#a7 the annual management report required under section #iajf of title #ca1 ,united ,states ,code2 and 7#b7 the report on any audit of the financial statements of the ,administration conducted under section #iaje of title #ca1 ,united ,states ,code4 #ejf4 ,savings provisions2 terminations 7a7 ,commission proceedings ,this ,act shall not affect any proceeding or any application for any license or permit pending before the ,commission on the date of enactment of this ,act4 7b7 ,authority of the secretary ,this ,act shall not transfer or affect the authority of the ,secretary with respect to-- 7#a7 the maintenance1 treatment1 packaging1 and storage of defense wastes at ,department of ,energy sites prior to delivery to1 and acceptance by1 the ,administrator for disposal in a repository2 7#b7 the conduct of generic research1 development1 and demonstration activities related to nuclear waste management1 including proliferation-resistant advanced fuel recycling and transmutation technologies that minimize environmental and public health and safety impacts2 and 7#c7 training and workforce development programs relating to nuclear waste management4 7c7 ,terminations ,the authority for each function of the ,secretary relating to the siting1 construction1 and operation of repositories or storage facilities not transferred to the ,administrator under this ,act shall terminate on the date of enactment of this ,act1 including the authority-- 7#a7 to provide interim storage or monitored1 retrievable storage under subtitles ,b and ,c of title ,i of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaea et seq472 and 7#b7 to site or construct a test and evaluation facility under title ,,ii of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaia et seq474 #ejg4 ,technical assistance in the field of spent fuel storage and disposal 7a7 ,joint notice ,not later than #ij days after the date of enactment of this ,act and annually for #e succeeding years1 the ,secretary and the ,commission shall update and publish in the ,federal ,register the joint notice required by section #bbc7;b7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbjc7;b774 7b7 ,informing foreign governments ,as soon as practicable after the date of the publication of the annual joint notice described in subsection 7a71 the ,secretary of ,state shall inform the governments of nations and organizations operating nuclear power plants1 solicit expressions of interest1 and transmit any such expressions of interest to the ,secretary and the ,commission1 as provided in section #bbc7;c7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbjc7;c774 7c7 ,budget requests ,the ,president shall include in the budget request of the ,president for the ,commission and the ,department of ,energy for each of fiscal years #bjad through #bjai such funding requests for a program of cooperation and technical assistance with nations in the fields of spent nuclear fuel storage and disposal as the ,president determines appropriate in light of expressions of interest in the cooperation and assistance4 7d7 ,eligibility ,notwithstanding any limitation on cooperation and technical assistance to non-nuclear weapon states under section #bbc of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbjc71 the ,secretary and the ,commission may cooperate with and provide technical assistance to nuclear weapon states1 if the ,secretary and the ,commission determine the cooperation and technical assistance is in the national interest4 #ejh4 ,nuclear ,waste ,technical ,review ,board 7a7 ,eligibility ,section #ejb7;b77#c77;,c77iii77,i7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbfb7;b77#c77;,c77iii77,i77 is amended by inserting or the ,nuclear ,waste ,administration after the ,department of ,energy4 7b7 ,functions ,section #ejc of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbfc7 is amended by striking #aihg and inserting #aihg and the ,nuclear ,waste ,administrator4 7c7 ,production of documents ,section #ejd7;b7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbfd7;b77 is amended by striking ,secretary each place it appears and inserting ,nuclear ,waste ,administrator4 7d7 ,reports ,section #ejh of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbfh7 is amended in the first sentence by striking ,congress and the ,secretary and inserting ,congress1 the ,nuclear ,waste ,administrator1 and the ,nuclear ,waste ,oversight ,board4 7e7 ,termination ,section #eaj of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbgj7 is amended by striking ,secretary and inserting ,nuclear ,waste ,administrator4 #eji4 ,repeal of volume limitation ,section #aad7;d7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajacd7;d77 is amended by striking the second and third sentences4