THIS SEARCH THIS DOCUMENT GO TO
Next Hit Forward New Bills Search
Prev Hit Back HomePage
Hit List Best Sections Help
Doc Contents
S.896
Department of Energy Abolishment Act (Introduced in the
Senate)
SEC. 702. REAFFIRMATION OF OBLIGATION TO ACCEPT RADIOACTIVE WASTE AND SPENT
NUCLEAR FUEL BY 2000.
(a) FINDINGS AND PURPOSES-
(1) FINDINGS- Congress finds that--
(A) the generation of electricity by nuclear reactors results in the
production of spent nuclear
fuel;
(B) about 24,000 metric tons of spent nuclear fuel have been produced by
the Nation's operating nuclear power plants, and an
additional 50,000 metric tons of spent nuclear fuel is expected to be
produced during the terms of their current licenses;
(C) the vast majority of commercial spent nuclear fuel is currently stored
in individual water-filled pools at reactor sites throughout the
Nation;
(D) the storage pools for the temporary storage of spent nuclear fuel are nearing capacity
at many of the reactor sites;
(E) since the beginning of the commercial nuclear power industry in the
1960's, the Federal Government has had the responsibility to provide for
the disposal of commercial spent nuclear fuel;
(F) Congress enacted the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101 et seq.) in order to codify the Federal responsibility
and policy to provide for the safe and timely disposal of spent nuclear fuel by establishing a
schedule for the siting, construction, and operation of deep geologic
repositories, assigning the responsibility for implementation of the
program to the Department of Energy, and establishing the Nuclear Waste Fund to cover the
costs of the Federal disposal program to be paid by utility ratepayers and
owners;
(G) since the enactment of the Nuclear Waste Policy Act of 1982,
utility ratepayers and owners have paid more than $10,000,000,000 into the
Nuclear Waste Fund;
(H) under the schedule established in the Nuclear Waste Policy Act of 1982,
the Department of Energy, in return for the payment of the fees by utility
ratepayers and owners, is directed to dispose of spent nuclear fuel beginning not later
than January 31, 2000;
(I) despite the 14 years that have passed since the enactment of the
Nuclear Waste Policy Act of
1982 and the expenditure of over $4,000,000,000, the Department of Energy
has fallen behind schedule, and the projected date for commencement of
operation of a repository ,
under optimistic assumptions, is 2010;
(J) the Nuclear Waste
Policy Act of 1982 currently prohibits the selection of a site for a
monitored retrievable storage facility until a site for a permanent repository has been
selected;
(K) the Federal Government, under the Nuclear Waste Policy Act of 1982,
has an absolute obligation to accept spent nuclear fuel beginning not later
than January 31, 1998; and
(L) the General Accounting Office and other technical experts have
indicated that
greater privatization would enhance cost efficiencies.
(2) PURPOSES- The purposes of this section are--
(A) to ensure that the Secretary of the Army fulfills what was
formerly the responsibility of the Secretary of Energy to site, construct,
and operate temporary and permanent nuclear waste disposal facilities
in a safe and timely manner; and
(B) to reaffirm that, as the courts have held, the Federal Government
was obligated under the Nuclear Waste Policy Act of 1982
to provide for the safe disposal of spent nuclear fuel beginning not later
than January 31, 1998.
(b) REAFFIRMATION OF OBLIGATION OF SECRETARY OF ENERGY- Section 302(a) of
the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10222(a)) is amended by adding at the end the following:
`(7) ABSOLUTE OBLIGATION- The obligation of the Secretary under
paragraph (5) to accept high-level radioactive waste and spent nuclear fuel beginning not later
than January 31, 2000, is absolute and is not dependent on the commencement
of operation of a repository
or a monitored retrievable storage facility. That obligation shall not be
voided or delayed for any reason.'.
(c) REPEAL OF LICENSING CONDITIONS- Section 148 of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10168) is amended by striking subsection (d).
SEC. 703. INTERIM STORAGE PROGRAM.
(a) FINDINGS AND PURPOSES- Section 131 of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10151) is amended--
(A) in paragraph (1), by adding `and' at the end;
(B) in paragraph (2), by striking `; and' and inserting a period;
and
(C) by striking paragraph (3); and
(A) in paragraph (1), by striking `; and' and inserting a
period;
(B) by striking `PURPOSES' and all that follows through `to provide
for the utilization' and inserting `PURPOSE- The purpose of this subtitle
is to provide for the utilization'; and
(C) by striking paragraph (2).
(b) STORAGE OF SPENT NUCLEAR
FUEL-
(1) IN GENERAL- Section 135 of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10155) is amended--
(A) by striking `STORAGE OF' and all that follows through `135.' and
inserting the following:
`SEC. 135. STORAGE OF SPENT NUCLEAR FUEL.';
(B) by striking subsection (a) and inserting the following:
`(1) LICENSE- The facility for the initial storage of not more than
40,000 metric tons of spent nuclear fuel at Area 25 of the
Nevada Test Site shall be licensed by the Commission for an unspecified
period, in accordance with the Commission's regulations governing the
licensing of independent spent fuel storage installations, without regard to
section 148(a).
`(2) EXPANSION- The initial storage facility shall be--
`(A) expandable for the transportation and interim storage of up to
100,000 metric tons of spent nuclear fuel; and
`(B) operational not later than December 31, 2000, consistent with
paragraph (4) and sections 137(a), 141(a), and 148.
`(3) OBJECTIVES- In carrying out this subsection, the Secretary shall
seek to minimize the transportation of spent nuclear fuel, the public health and
safety impacts, and the costs of providing storage capacity.
`(4) COMPLIANCE WITH REQUIREMENTS- In carrying out this subsection, the
Secretary shall comply with applicable requirements for licensing or
authorization.
`(5) TIMELY AVAILABILITY OF STORAGE CAPACITY- The Secretary
shall--
`(A) ensure that storage capacity is made available under this
subsection when needed, as determined on the basis of the storage needs
specified in contracts entered into under section 136(a); and
`(B) accept, upon request, any spent nuclear fuel as covered under such
contracts.';
(C) in subsection (b)(1), by striking `subsections (a) (1) and (d)'
and inserting `subsection (a)';
(i) in paragraph (1), by striking `300 or more metric tons of
storage capacity at any one Federal site under subsection (a)(1)(A)' and
inserting `storage capacity under this section'; and
(ii) in paragraph (2)(A), by striking `any provision of less than
300 metric tons of storage capacity at any one Federal site under
subsection (a)(1)(A) that requires the modification or expansion of any
facility at the site,' and inserting `the provision of storage capacity
at Area 25 of the Nevada Test Site';
(E) by striking subsections (d) and (e);
(F) by redesignating subsections (f) through (i) as subsections (d)
through (g), respectively;
(G) in the first sentence of subsection (e) (as redesignated by
subparagraph (F)), by striking `Administrative Procedures Act' and
inserting `title 5, United States Code'; and
(H) in subsection (g) (as redesignated by subparagraph (F))--
(i) in the first sentence, by striking `section 217' and inserting
`section 218'; and
(ii) by striking the second sentence.
(2) CONFORMING AMENDMENTS-
(A) Section 141 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10161) is amended--
(i) by striking subsection (g); and
(ii) by redesignating subsection (h) as subsection (g).
(B) Section 142(a) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10162(a)) is amended by striking `sections 144 and 145' and
inserting `section 144'.
(C) The Nuclear Waste
Policy Act of 1982 is amended by striking sections 145 and 146 (42 U.S.C.
10165, 10166).
(D) Section 148 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10168) is amended--
(i) in subsection (a)(1), by striking `Once the selection of a site
is effective under section 146, the requirements' and inserting `The
requirements'; and
(ii) in subsection (b), by striking `Once the selection of a site
for a monitored retrievable storage facility is effective under section
146, the Secretary' and inserting `The Secretary'.
(3) NO EFFECT ON SELECTION OF SITE FOR PERMANENT REPOSITORY - Enactment of the
amendments made by paragraph (1) shall have no effect on selection of a site
for a permanent repository for
the storage of spent nuclear
fuel.
(c) REVIEW OF PROGRAM- The Secretary of the Army shall review the
activities of the initial storage facility program, including all cooperative
agreements, international commitments, and university assistance, and shall
make available to those entities amounts, that are commensurate with the
revised program for nuclear
waste disposal activities.
(d) PROGRAM PLAN AND SCHEDULE- Not later than 90 days after the date of
enactment of this Act, the Secretary of the Army shall submit to Congress a
revised program plan and schedule, including a new 5-year budget, that
addresses the construction and operation of the interim storage capability,
the revised site characterization program at the Yucca Mountain site, and the
results of the Secretary's review of the program's institutional
activities.
(e) GAO REPORT- Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall conduct a study
and submit to Congress a report on the extent to which the management of
civilian radioactive waste by the private sector might result in cost
efficiencies and the means by which the responsibility for performing
management of civilian radioactive waste may be transferred to the private
sector.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. REFERENCES.
Any reference in any other Federal law, Executive order, rule, regulation,
or delegation of authority, or any document of or pertaining to an office from
which a function is transferred by this Act--
(1) to the Secretary of Energy or an officer of the Department of
Energy, shall be deemed to refer to the head of the department or office to
which such function is transferred; or
(2) to the Department of Energy, shall be deemed to refer to the
department or office to which such function is transferred.
SEC. 802. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal official to whom a function
is transferred by this Act may, for purposes of performing the function,
exercise all authorities under any other provision of law that were available
with respect to the performance of that function to the official responsible
for the performance of the function immediately before the effective date of
the transfer of the function under this Act.
SEC. 803. SAVINGS PROVISIONS.
(a) LEGAL DOCUMENTS- All orders, determinations, rules, regulations,
permits, grants, loans, contracts, agreements, certificates, licenses, and
privileges--
(1) that have been issued, made, granted, or allowed to become effective
by the President, the Secretary of Energy, any officer or employee of any
office transferred by this Act, or any other Government official, or by a
court of competent jurisdiction, in the performance of any function that is
transferred by this Act; and
(2) that are in effect on the effective date of such transfer (or become
effective after such date pursuant to their terms as in effect on such
effective date);
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by the
President, any other authorized official, a court of competent jurisdiction,
or operation of law.
(1) NO EFFECT- This Act shall not affect any proceedings or any
application for any benefits, service, license, permit, certificate, or
financial assistance pending on the date of enactment of this Act before an
office transferred by this Act, but such proceedings and applications shall
be continued.
(2) ORDERS, APPEALS, AND PAYMENTS- Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments shall be made
under such orders, as if this Act had not been enacted, and orders issued in
any such proceeding shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law.
(3) RULE OF CONSTRUCTION- Nothing in this subsection prohibits the
discontinuance or modification of any such proceeding under the same terms
and conditions and to the same extent that such proceeding could have been
discontinued or modified if this Act had not been enacted.
(c) SUITS- This Act shall not affect suits commenced before the date of
enactment of this Act, and in all such suits, proceeding shall be had, appeals
taken, and judgments rendered in the same manner and with the same effect as
if this Act had not been enacted.
(d) NONABATEMENT OF ACTIONS- No suit, action, or other proceeding
commenced by or against the Department of Energy or the Secretary of Energy,
or by or against any individual in the official capacity of such individual as
an officer or employee of an office transferred by this Act, shall abate by
reason of the enactment of this Act.
(e) CONTINUANCE OF SUITS- If any officer of the Department of Energy or
the Energy Programs Resolution Agency, in the official capacity of the
officer, is a party to a suit with respect to a function of the officer, and
under this Act the function is transferred to any other officer or office, the
suit shall be continued with the other officer or the head of such other
office, as applicable, substituted or added as a party.
SEC. 804. TRANSFER OF ASSETS.
Except as otherwise provided in this Act, so much of the personnel,
property, records, and unexpended balances of appropriations, allocations, and
other funds employed, used, held, available, or to be made available in
connection with a function transferred to an official by this Act shall be
available to the official at such time or times as the Director of the Office
of Management and Budget directs for use in connection with the functions
transferred.
SEC. 805. DELEGATION.
(a) IN GENERAL- Except as otherwise expressly prohibited by law or
otherwise provided in this Act, an official to whom functions are transferred
under this Act (including the head of any office to which functions are
transferred under this Act) may delegate any of the functions so transferred
to such officers and employees of the office of the official as the official
may designate, and may authorize successive redelegations of such functions as
may be necessary or appropriate.
(b) NO RELIEF FROM RESPONSIBILITY- No delegation of functions under this
section or under any other provision of this Act shall relieve the official to
whom a function is transferred under this Act of responsibility for the
administration of the function.
SEC. 806. AUTHORITY OF OFFICE OF MANAGEMENT AND BUDGET WITH RESPECT TO
FUNCTIONS TRANSFERRED.
(a) DETERMINATIONS- If necessary, the Office of Management and Budget
shall make any determination of the functions that are transferred under this
Act.
(b) INCIDENTAL TRANSFERS-
(1) IN GENERAL- The Director of the Office of Management and Budget, at
such time or times as the Director shall provide, may make such
determinations as may be necessary with regard to the functions transferred
by this Act, and to make such additional incidental dispositions of
personnel, assets, liabilities, grants, contracts, property, records, and
unexpended balances of appropriations, authorizations, allocations, and
other funds held, used, arising from, available to, or to be made available
in connection with such functions, as may be necessary to carry out the
provisions of this Act.
(2) TERMINATION OF AFFAIRS- The Director of the Office of Management and
Budget shall provide for the termination of the affairs of all entities
terminated by this Act and for such further measures and dispositions as may
be necessary to effectuate the purposes of this Act.
SEC. 807. PROPOSED CHANGES IN LAW.
Not later than 1 year after the date of enactment of this Act, the
Director of the Office of Management and Budget shall submit to Congress a
description of any changes in Federal law necessary to reflect abolishment,
transfers, terminations, and disposals under this Act.
SEC. 808. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFER.
For purposes of this title, the vesting of a function in a department or
office pursuant to reestablishment of an office shall be considered to be the
transfer of the function.
THIS SEARCH THIS DOCUMENT GO TO
Next Hit Forward New Bills Search
Prev Hit Back HomePage
Hit List Best Sections Help
Doc Contents