Sec. 3139. EVALUATION OF CLASSIFICATION OF CERTAIN DEFENSE NUCLEAR WASTE

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## SEC. 3139 EVALUATION OF CLASSIFICATION OF CERTAIN DEFENSE NUCLEAR WASTE ###

(a)Evaluation The Secretary of Energy shall conduct an evaluation of the feasibility, costs, and cost savings of classifying covered defense nuclear waste as other than high-level radioactive waste, without decreasing environmental, health, or public safety requirements. ###

(b)Matters Included In conducting the evaluation under subsection (a), the Secretary shall consider— ####

(1)the estimated quantities and locations of covered defense nuclear waste; ####

(2)the potential disposal paths for such waste; ####

(3)the estimated disposal timeline for such waste; ####

(4)the estimated costs for disposal of such waste, and potential cost savings; ####

(5)the potential effect on existing consent orders, permits, and agreements; ####

(6)the basis by which the Secretary would make a decision on reclassification of such waste; and ####

(7)any such other matters relating to defense nuclear waste or other reprocessing waste that the Secretary determines appropriate. ###

(c)Report Not later than February 1, 2018, the Secretary shall submit to the appropriate congressional committees a report on the evaluation under subsection (a), including a description of— ####

(1)the consideration by the Secretary of the matters under subsection (b); ####

(2)any actions the Secretary has taken or plans to take to change the processes, rules, regulations, orders, or directives, relating to defense nuclear waste, as appropriate; ####

(3)any recommendations for legislative action the Secretary determines appropriate; and ####

(4)the assessment of the Secretary regarding the benefits and risks of the actions and recommendations of the Secretary under paragraphs

(1)and (2). ###

(d)Differentiation of Waste In conducting the evaluation under subsection

(a)and preparing the report required by subsection (c), the Secretary shall distinguish between covered nuclear waste described in subparagraph

(A)of subsection (e)(2) and covered nuclear waste described in subparagraph

(B)of that subsection. ###

(e)Definitions In this section: ####

(1)Appropriate congressional committees The term “appropriate congressional committees” means the following: #####

(A)The congressional defense committees. #####

(B)The Committee on Energy and Commerce of the House of Representatives. #####

(C)The Committee on Energy and Natural Resources of the Senate. ####

(2)Covered defense nuclear waste The term “covered defense nuclear waste” means radioactive waste that resulted from the reprocessing of spent nuclear fuel that was generated from atomic energy defense activities and that— #####

(A)contains more than 100 nCi/g of alpha-emitting transuranic isotopes with half-lives greater than 20 years; or #####

(B)may be classified, managed, treated, and disposed of, regardless of origin or previous classification, as other than high-level radioactive waste.