Sec. 504. Availability of certain amounts
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Section 302 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222 ) is amended by adding at the end the following: Beginning on the date of first spent fuel receipt at a repository, no amount may be appropriated in any fiscal year for activities relating to the repository, including transportation of additional spent fuel to the repository and operation of the repository, unless the applicable amount required with respect to the repository under section 171(a)(1)(B) or section 171(a)(1)(C) is appropriated for that fiscal year.
In this subsection, the terms spent fuel and first spent fuel receipt have the meaning given such terms in section 171(a). Fees collected after the date of enactment of the Nuclear Waste Policy Amendments Act of 2019 pursuant to subsection
(a)shall be credited to the Waste Fund and available, to the extent provided in advance in appropriation Acts and consistent with the requirements of this section, to carry out activities authorized to be funded from the Waste Fund. Fees collected in a fiscal year pursuant to paragraph
(1)shall be deposited and credited as offsetting collections to the account providing appropriations for such activities and shall be classified as discretionary appropriations as defined by section 250(c)(7) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c)(7) ). For the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq.) and the Congressional Budget Act of 1974 ( 2 U.S.C. 621 et seq.) and for determining points of order pursuant to that Act or any concurrent resolution on the budget, an estimate provided under those Acts for a provision in a bill or joint resolution, or amendment thereto or conference report thereon, that provides discretionary appropriations, derived from amounts in the Waste Fund, for such activities shall include in that estimate the amount of such fees that will be collected during the fiscal year for which such appropriation is made available. Any such estimate shall not include any change in net direct spending as result in the appropriation of such fees. .
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