42 U.S.C. § 10107 — Applicability to atomic energy defense

Page 7977 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10109 amounts to be expended by the Federal Govern- ment shall be effective for any fiscal year only to such extent or in such amounts as are pro- vided in advance by appropriation Acts. (Pub. L. 97–425, § 6, Jan. 7, 1983, 96 Stat. 2205.) § 10106. Protection of classified national security information Nothing in this chapter shall require the re- lease or disclosure to any person or to the Com- mission of any classified national security infor- mation. (Pub. L. 97–425, § 7, Jan. 7, 1983, 96 Stat. 2205.) § 10107. Applicability to atomic energy defense activities (a) Atomic energy defense activities Subject to the provisions of subsection (c), the provisions of this chapter shall not apply with respect to any atomic energy defense activity or to any facility used in connection with any such activity. (b) Evaluation by President (1) Not later than 2 years after January 7, 1983, the President shall evaluate the use of disposal capacity at one or more repositories to be devel- oped under part A of subchapter I for the dis- posal of high-level radioactive waste resulting from atomic energy defense activities. Such evaluation shall take into consideration factors relating to cost efficiency, health and safety, regulation, transportation, public acceptability, and national security. (2) Unless the President finds, after con- ducting the evaluation required in paragraph (1), that the development of a repository for the dis- posal of high-level radioactive waste resulting from atomic energy defense activities only is re- quired, taking into account all of the factors de- scribed in such subsection, the Secretary shall proceed promptly with arrangement for the use of one or more of the repositories to be devel- oped under part A of subchapter I for the dis- posal of such waste. Such arrangements shall in- clude the allocation of costs of developing, con- structing, and operating this repository or re- positories. The costs resulting from permanent disposal of high-level radioactive waste from atomic energy defense activities shall be paid by the Federal Government, into the special ac- count established under section 10222 of this title. (3) Any repository for the disposal of high- level radioactive waste resulting from atomic energy defense activities only shall (A) be sub- ject to licensing under section 5842 of this title; and (B) comply with all requirements of the Commission for the siting, development, con- struction, and operation of a repository. (c) Applicability to certain repositories The provisions of this chapter shall apply with respect to any repository not used exclusively for the disposal of high-level radioactive waste or spent nuclear fuel resulting from atomic en- ergy defense activities, research and develop- ment activities of the Secretary, or both. (Pub. L. 97–425, § 8, Jan. 7, 1983, 96 Stat. 2205.) § 10108. Applicability to transportation Nothing in this chapter shall be construed to affect Federal, State, or local laws pertaining to the transportation of spent nuclear fuel or high- level radioactive waste. (Pub. L. 97–425, § 9, Jan. 7, 1983, 96 Stat. 2206.) § 10109. Biennial report on the spent nuclear fuel and high-level radioactive waste inventory in the United States (a) Definitions In this section: (1) High-level radioactive waste The term ‘‘high-level radioactive waste’’ has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (2) Spent nuclear fuel The term ‘‘spent nuclear fuel’’ has the mean- ing given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (3) Standard contract The term ‘‘standard contract’’ has the mean- ing given the term ‘‘contract’’ in section 961.3 of title 10, Code of Federal Regulations (or any successor regulation). (b) Report Not later than January 1, 2026, and biennially thereafter, the Secretary of Energy shall submit to Congress a report that describes— (1) the annual and cumulative amount of payments made by the United States to the holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) re- sulting in financial damages to the holder; (2) the cumulative amount spent by the De- partment of Energy since fiscal year 2008 to reduce future payments projected to be made by the United States to any holder of a stand- ard contract due to a partial breach of con- tract under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.); (3) the cumulative amount spent by the De- partment of Energy to store, manage, and dis- pose of spent nuclear fuel and high-level radio- active waste in the United States as of the date of the report; (4) the projected lifecycle costs to store, manage, transport, and dispose of the pro- jected inventory of spent nuclear fuel and high-level radioactive waste in the United States, including spent nuclear fuel and high- level radioactive waste expected to be gen- erated from existing reactors through 2050; (5) any mechanisms for better accounting of liabilities for the lifecycle costs of the spent nuclear fuel and high-level radioactive waste inventory in the United States; (6) any recommendations for improving the methods used by the Department of Energy for the accounting of spent nuclear fuel and high- level radioactive waste costs and liabilities; (7) any actions taken in the previous fiscal year by the Department of Energy with re- spect to interim storage; and (8) any activities taken in the previous fiscal year by the Department of Energy to develop