42 U.S.C. § 10223 — Alternative means of financing

Page 8020 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10223 and Budget triennially along with the budget of the Department of Energy submitted at such time in accordance with chapter 11 of title 31. The budget of the Waste Fund shall consist of the estimates made by the Secretary of expendi- tures from the Waste Fund and other relevant financial matters for the succeeding 3 fiscal years, and shall be included in the Budget of the United States Government. The Secretary may make expenditures from the Waste Fund, sub- ject to appropriations which shall remain avail- able until expended. Appropriations shall be sub- ject to triennial authorization. (3) If the Secretary determines that the Waste Fund contains at any time amounts in excess of current needs, the Secretary may request the Secretary of the Treasury to invest such amounts, or any portion of such amounts as the Secretary determines to be appropriate, in obli- gations of the United States— (A) having maturities determined by the Secretary of the Treasury to be appropriate to the needs of the Waste Fund; and (B) bearing interest at rates determined to be appropriate by the Secretary of the Treas- ury, taking into consideration the current av- erage market yield on outstanding marketable obligations of the United States with remain- ing periods to maturity comparable to the ma- turities of such investments, except that the interest rate on such investments shall not ex- ceed the average interest rate applicable to ex- isting borrowings. (4) Receipts, proceeds, and recoveries realized by the Secretary under this section, and expend- itures of amounts from the Waste Fund, shall be exempt from annual apportionment under the provisions of subchapter II of chapter 15 of title 31. (5) If at any time the moneys available in the Waste Fund are insufficient to enable the Sec- retary to discharge his responsibilities under this subchapter,1 the Secretary shall issue to the Secretary of the Treasury obligations in such forms and denominations, bearing such matu- rities, and subject to such terms and conditions as may be agreed to by the Secretary and the Secretary of the Treasury. The total of such ob- ligations shall not exceed amounts provided in appropriation Acts. Redemption of such obliga- tions shall be made by the Secretary from mon- eys available in the Waste Fund. Such obliga- tions shall bear interest at a rate determined by the Secretary of the Treasury, which shall be not less than a rate determined by taking into consideration the average market yield on out- standing marketable obligations of the United States of comparable maturities during the month preceding the issuance of the obligations under this paragraph. The Secretary of the Treasury shall purchase any issued obligations, and for such purpose the Secretary of the Treas- ury is authorized to use as a public debt trans- action the proceeds from the sale of any securi- ties issued under chapter 31 of title 31, and the purposes for which securities may be issued under such Act 1 are extended to include any purchase of such obligations. The Secretary of the Treasury may at any time sell any of the ob- ligations acquired by him under this paragraph. All redemptions, purchases, and sales by the Secretary of the Treasury of obligations under this paragraph shall be treated as public debt transactions of the United States. (6) Any appropriations made available to the Waste Fund for any purpose described in sub- section (d) shall be repaid into the general fund of the Treasury, together with interest from the date of availability of the appropriations until the date of repayment. Such interest shall be paid on the cumulative amount of appropria- tions available to the Waste Fund, less the aver- age undisbursed cash balance in the Waste Fund account during the fiscal year involved. The rate of such interest shall be determined by the Secretary of the Treasury taking into consider- ation the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States of comparable maturity. Interest payments may be deferred with the approval of the Secretary of the Treasury, but any interest payments so de- ferred shall themselves bear interest. (Pub. L. 97–425, title III, § 302, Jan. 7, 1983, 96 Stat. 2257.) Editorial Notes REFERENCES IN TEXT Subsection (c), referred to in subsec. (a)(3), was in the original ‘‘subsection (c) 126(b)’’ and was translated as subsection (c) as the probable intent of Congress in view of the establishment of the Nuclear Waste Fund by subsec. (c) of this section and the absence of a sec- tion 126 in Pub. L. 97–425. This subchapter, referred to in subsecs. (a)(5)(B), (d), and (e)(5), was in the original ‘‘this subtitle’’, and was translated as this subchapter to reflect the probable in- tent of Congress because title III of Pub. L. 97–425, which enacted this subchapter, does not contain sub- titles. Such Act, referred to in subsec. (e)(5), probably means chapter 31 of Title 31, Money and Finance. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (e)(1) of this section relating to annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 4th item on page 143 of House Document No. 103–7. § 10223. Alternative means of financing The Secretary shall undertake a study with respect to alternative approaches to managing the construction and operation of all civilian ra- dioactive waste management facilities, includ- ing the feasibility of establishing a private cor- poration for such purposes. In conducting such study, the Secretary shall consult with the Di- rector of the Office of Management and Budget, the Chairman of the Commission, and such other Federal agency representatives as may be appropriate. Such study shall be completed, and a report containing the results of such study shall be submitted to the Congress, within 1 year after January 7, 1983. (Pub. L. 97–425, title III, § 303, Jan. 7, 1983, 96 Stat. 2261.) Page 8021 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10226 1 So in original. Probably should be ‘‘repositories.’’ § 10224. Office of Civilian Radioactive Waste Management (a) Establishment There hereby is established within the Depart- ment of Energy an Office of Civilian Radioactive Waste Management. The Office shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate payable for level IV of the Executive Sched- ule under section 5315 of title 5. (b) Functions of Director The Director of the Office shall be responsible for carrying out the functions of the Secretary under this chapter, subject to the general super- vision of the Secretary. The Director of the Of- fice shall be directly responsible to the Sec- retary. (c) Annual report to Congress The Director of the Office shall annually pre- pare and submit to the Congress a comprehen- sive report on the activities and expenditures of the Office. (d) Audit by GAO If requested by either House of the Congress (or any committee thereof) or if considered nec- essary by the Comptroller General, the Govern- ment Accountability Office shall conduct an audit of the Office, in accord with such regula- tions as the Comptroller General may prescribe. The Comptroller General shall have access to such books, records, accounts, and other mate- rials of the Office as the Comptroller General de- termines to be necessary for the preparation of such audit. The Comptroller General shall sub- mit a report on the results of each audit con- ducted under this section. (Pub. L. 97–425, title III, § 304, Jan. 7, 1983, 96 Stat. 2261; Pub. L. 104–66, title I, § 1052(l), Dec. 21, 1995, 109 Stat. 719; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes AMENDMENTS 2004—Subsec. (d). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1995—Subsec. (d). Pub. L. 104–66 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: ‘‘The Comptroller General of the United States shall annually make an audit of the Of- fice, in accordance with such regulations as the Comp- troller General may prescribe. The Comptroller Gen- eral shall have access to such books, records, accounts, and other materials of the Office as the Comptroller General determines to be necessary for the preparation of such audit. The Comptroller General shall submit to the Congress a report on the results of each audit con- ducted under this section.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c) of this section relating to annual sub- mittal of report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 13th item on page 91 of House Document No. 103–7. § 10225. Location of test and evaluation facility (a) Report to Congress Not later than 1 year after January 7, 1983, the Secretary shall transmit to the Congress a re- port setting forth whether the Secretary plans to locate the test and evaluation facility at the site of a repository. (b) Procedures (1) If the test and evaluation facility is to be located at any candidate site or repository site (A) site selection and development of such facil- ity shall be conducted in accordance with the procedures and requirements established in sub- chapter I with respect to the site selection and development of repositories; and (B) the Sec- retary may not commence construction of any surface facility for such test and evaluation fa- cility prior to issuance by the Commission of a construction authorization for a repository at the site involved. (2) No test and evaluation facility may be con- verted into a repository unless site selection and development of such facility was conducted in accordance with the procedures and require- ments established in subchapter I with respect to the site selection and development of respositories.1 (3) The Secretary may not commence con- struction of a test and evaluation facility at a candidate site or site recommended as the loca- tion for a repository prior to the date on which the designation of such site is effective under section 10135 of this title. (Pub. L. 97–425, title III, § 305, Jan. 7, 1983, 96 Stat. 2262.) § 10226. Nuclear Regulatory Commission training authorization The Nuclear Regulatory Commission is au- thorized and directed to promulgate regulations, or other appropriate Commission regulatory guidance, for the training and qualifications of civilian nuclear powerplant operators, super- visors, technicians and other appropriate oper- ating personnel. Such regulations or guidance shall establish simulator training requirements for applicants for civilian nuclear powerplant operator licenses and for operator requalifica- tion programs; requirements governing NRC ad- ministration of requalification examinations; requirements for operating tests at civilian nu- clear powerplant simulators, and instructional requirements for civilian nuclear powerplant li- censee personnel training programs. Such regu- lations or other regulatory guidance shall be promulgated by the Commission within the 12- month period following January 7, 1983, and the Commission within the 12-month period fol- lowing January 7, 1983, shall submit a report to Congress setting forth the actions the Commis- sion has taken with respect to fulfilling its obli- gations under this section. (Pub. L. 97–425, title III, § 306, Jan. 7, 1983, 96 Stat. 2262.)