[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1020 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1020

             To amend the Nuclear Waste Policy Act of 1982.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 1995

   Mr. Upton (for himself, Mr. Towns, Mr. Bilirakis, Mr. Manton, Mr. 
  Stearns, Mr. Hall of Texas, Mr. Norwood, Mr. Gordon, Mr. Burr, Mrs. 
 Thurman, Mr. Hastert, Mr. Gillmor, Mr. Moorhead, Mr. Graham, and Mr. 
    Franks of Connecticut) introduced the following bill; which was 
    referred to the Committee on Commerce and, in addition, to the 
  Committees on Resources, Transportation and Infrastructure, and the 
 Budget, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
             To amend the Nuclear Waste Policy Act of 1982.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NUCLEAR WASTE POLICY ACT OF 1982.

    The Nuclear Waste Policy Act of 1982 is amended to read as follows:

``SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    ``(a) Short Title.--This Act may be cited as the ``Integrated Spent 
Nuclear Fuel Management Act of 1995''.
    ``(b) Table of Contents.--

``Sec. 1. Short title and table of contents.
``Sec. 2. Definitions.
``Sec. 3. Findings and purposes.
                  ``TITLE I--OBLIGATIONS AND REMEDIES

``Sec. 101. Obligations of the Secretary of Energy.
``Sec. 102. Remedies.
      ``TITLE II--INTEGRATED SPENT NUCLEAR FUEL MANAGEMENT SYSTEM

``Sec. 201. Establishment of the integrated spent nuclear fuel 
                            management system.
``Sec. 202. Railroad.
``Sec. 203. Transportation planning.
``Sec. 204. Transportation requirements.
``Sec. 205. Multi-purpose canister systems.
``Sec. 206. Interim storage.
``Sec. 207. Permanent disposal.
``Sec. 208. Land withdrawal.
``Sec. 209. Private storage facilities.
                      ``TITLE III--STATE RELATIONS

``Sec. 301. State consultation and assistance.
                  ``TITLE IV--FUNDING AND ORGANIZATION

``Sec. 401. Budget priorities.
``Sec. 402. Environmental requirements.
``Sec. 403. Nuclear waste fund.
``Sec. 404. Office of Civilian Radioactive Waste Management.
``Sec. 405. Defense contribution.
            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``Sec. 501. Compliance with other laws.
``Sec. 502. Judicial review of agency actions.
``Sec. 503. Title to material.
``Sec. 504. Licensing of facility expansions and transshipments.
``Sec. 505. Siting a second repository.
``Sec. 506. Financial arrangements for low-level radioactive waste site 
                            closure.
``Sec. 507. Nuclear Regulatory Commission training authority.
            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

``Sec. 601. Definitions.
``Sec. 602. Nuclear Waste Technical Review Board.
``Sec. 603. Functions.
``Sec. 604. Investigatory powers.
``Sec. 605. Compensation of members.
``Sec. 606. Staff.
``Sec. 607. Support services.
``Sec. 608. Report.
``Sec. 609. Authorization of appropriations.
``Sec. 610. Termination of the board.
                     ``TITLE VII--MANAGEMENT REFORM

``Sec. 701. Management reform initiatives.
``Sec. 702. Reporting.

``SEC. 2. DEFINITIONS.

    ``For purposes of this Act:
            ``(1) The term `accept' or `acceptance' means the 
        Secretary's act of taking title to and possession of commercial 
        spent nuclear fuel and high-level radioactive waste pursuant to 
        contracts and removing such spent nuclear fuel and high-level 
        waste from the sites designated by the contract holders 
        pursuant to such contracts.
            ``(2) The term `acceptance schedule' means the schedule 
        established pursuant to the contracts for acceptance by the 
        Secretary of spent nuclear fuel and high-level radioactive 
        waste from the contract holders. The acceptance schedule shall 
        be implemented in accordance with the following:
                    ``(A) Acceptance priority ranking shall be 
                determined by the Department's annual `Acceptance 
                Priority Ranking' report.
                    ``(B) The Secretary's spent fuel acceptance rate 
                shall be no less than the following: 1,200 MTU in 1998 
                and 1,200 MTU in 1999; 2,000 MTU in 2000 and 2000 MTU 
                in 2001; 2,700 MTU in 2002; and 3,000 MTU thereafter.
                    ``(C) If the Secretary is unable to begin 
                acceptance by January 31, 1998 at the rates specified 
                in subparagraph (B), or if the cumulative amount 
                accepted in any year thereafter is less than that which 
                would have been accepted under the acceptance rate 
                specified in subparagraph (B), the acceptance schedule 
                shall be adjusted upward such that within 5 years of 
                the start of acceptance by the Secretary--
                            ``(i) the total quantity accepted by the 
                        Secretary is consistent with the total quantity 
                        that the Secretary would have accepted if the 
                        Secretary had began acceptance in 1998, and
                            ``(ii) thereafter the acceptance rate is 
                        equivalent to the rate that would be in place 
                        pursuant to subparagraph (B) above if the 
                        Secretary had commenced acceptance in 1998.
                    ``(D) The acceptance schedule shall not be affected 
                or modified in any way as a result of the Secretary's 
                acceptance of any material other than contract holders' 
                spent nuclear fuel and high-level radioactive waste.
            ``(3) The term `affected Indian tribe' means any Indian 
        tribe--
                    ``(A) within whose reservation boundaries an 
                interim storage facility or a repository for spent 
                nuclear fuel or high-level radioactive waste is 
                proposed to be located; or
                    ``(B) whose federally defined possessory or usage 
                rights to other lands outside of the reservation's 
                boundaries arising out of congressionally ratified 
                treaties may be substantially and adversely affected by 
                the locating of such a facility: provided, that the 
                Secretary of the Interior finds, upon the petition of 
                the appropriate governmental officials of the tribe, 
                that such effects are both substantial and adverse to 
                the tribe.
            ``(4) The term `affected unit of local government' means 
        the unit of local government with jurisdiction over the site of 
        the repository or interim storage facility. Such term may, at 
        the discretion of the Secretary, include other units of local 
        government that are contiguous with such unit.
            ``(5) The term `atomic energy defense activity' means any 
        activity of the Secretary performed in whole or in part in 
        carrying out any of the following functions:
                    ``(A) Naval reactors development.
                    ``(B) Weapons activities including defense inertial 
                confinement fusion.
                    ``(C) Verification and control technology.
                    ``(D) Defense nuclear materials production.
                    ``(E) Defense nuclear waste and materials 
                byproducts management.
                    ``(F) Defense nuclear materials security and 
                safeguards and security investigations.
                    ``(G) Defense research and development.
            ``(6) The term `civilian nuclear power reactor' means a 
        civilian nuclear power plant required to be licensed under 
        section 103 or 104 b. of the Atomic Energy Act of 1954 (42 
        U.S.C. 2133, 2134(b)).
            ``(7) The term `contracts' means the contracts, executed 
        prior to the date of enactment of this Act, under section 
        302(a) of the Nuclear Waste Policy Act of 1982, by the 
        Secretary and any person who generates or holds title to high-
        level radioactive waste or spent nuclear fuel of domestic 
        origin for acceptance of such waste or fuel by the Secretary 
        and the payment of fees to offset the Secretary's expenditures.
            ``(8) The term `contract holders' means parties to 
        contracts other than the Secretary.
            ``(9) The term `Commission' means the Nuclear Regulatory 
        Commission.
            ``(10) The term `Department' means the Department of 
        Energy.
            ``(11) The term `disposal' means the emplacement in a 
        repository of high-level radioactive waste, spent nuclear fuel, 
        or other highly radioactive material with no foreseeable intent 
        of recovery, whether or not such emplacement permits recovery 
        of such material for any future purpose.
            ``(12) The term `disposal system' means all natural 
        barriers and engineered barriers, and engineered systems and 
        components, that prevent the release of radionuclides from the 
        Yucca Mountain site.
            ``(13) The term `engineered barriers' and `engineered 
        systems and components,' means man made components of a 
        disposal system. Such term includes the high-level radioactive 
        waste or spent nuclear fuel form, high-level radioactive waste 
        or spent nuclear fuel package, and other materials placed over 
        and around such packages.
            ``(14) The term `high-level radioactive waste' means--
                    ``(A) the highly radioactive material resulting 
                from the reprocessing of spent nuclear fuel, including 
                liquid waste produced directly in reprocessing and any 
                solid material derived from such liquid waste that 
                contains fission products in sufficient concentrations; 
                and
                    ``(B) other highly radioactive material that the 
                Commission, consistent with existing law, determines by 
                rule requires permanent isolation.
            ``(15) The term `Federal agency' means any Executive 
        agency, as defined in section 105 of title 5, United States 
        Code.
            ``(16) The term `Indian tribe' means any Indian tribe, 
        band, nation, or other organized group or community of Indians 
        recognized as eligible for the services provided to Indians by 
        the Secretary of the Interior because of their status as 
        Indians including any Alaska Native village, as defined in 
        section 3(c) of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1602(c)).
            ``(17) The term `integrated spent nuclear fuel management 
        system' means an integrated system, developed by the Secretary 
        in accordance with the provisions of title II of this Act.
            ``(18) The term `interim storage facility' means a facility 
        designed and constructed for the receipt, handling, possession, 
        safeguarding, and storage of spent nuclear fuel and other 
        materials in accordance with title II of this Act.
            ``(19) The term `interim storage facility site' means 
        either the specific site within Area 25 of the Nevada Test Site 
        that is designated by the Secretary and withdrawn and reserved 
        in accordance with this Act for the location of the interim 
        storage facility, or, such other volunteer site in Nevada that 
        is designated by the Secretary for the location of an interim 
        storage facility in accordance with Title II of this Act.
            ``(20) The term `low-level radioactive waste' means 
        radioactive material that--
                    ``(A) is not high-level radioactive waste, spent 
                nuclear fuel, transuranic waste, or byproduct material 
                as defined in section 11 e.(2) of the Atomic Energy Act 
                of 1954 (42 U.S.C. 2014(e)(2)); and
                    ``(B) the Commission, consistent with existing law, 
                classifies as low-level radioactive waste.
            ``(21) The term `metric tons uranium' or `MTU' means the 
        amount of uranium in the original unirradiated fuel element 
        whether or not the spent nuclear fuel has been reprocessed.
            ``(22) The term `multi-purpose canister system' means a 
        metal canister, together with overpacks, as required, capable 
        of holding spent nuclear fuel assemblies and miscellaneous 
        support equipment during storage, transportation, and disposal.
            ``(23) The term `Office' means the Office of Civilian 
        Radioactive Waste Management established within the Department 
        prior to the date of enactment of this Act under the provisions 
        of the Nuclear Waste Policy Act of 1982.
            ``(24) The term `program approach' means the Civilian 
        Radioactive Waste Management Program Plan, dated December 19, 
        1994, as modified by this Act, and as amended from time to time 
        by the Secretary in accordance with this Act.
            ``(25) The term `repository' means a system designed and 
        constructed under title II of this Act for the permanent 
        geologic disposal of high-level radioactive waste and spent 
        nuclear fuel, including both surface and subsurface areas at 
        which high-level radioactive waste and spent nuclear fuel 
        receipt, handling, possession, safeguarding, storage, and 
        handling activities are conducted.
            ``(26) The term `Secretary' means the Secretary of Energy.
            ``(27) The term `site characterization' means activities, 
        whether in a laboratory or in the field, undertaken to 
        establish the geologic condition and the ranges of the 
        parameters of a candidate site relevant to the location of a 
        repository, including borings, surface excavations, excavations 
        of exploratory facilities, limited subsurface lateral 
        excavations and borings, and in situ testing needed to evaluate 
        the licenseability of a candidate site for the location of a 
        repository, but not including preliminary borings and 
        geophysical testing needed to assess whether site 
        characterization should be undertaken.
            ``(28) The term `spent nuclear fuel' means fuel that has 
        been withdrawn from a nuclear reactor following irradiation, 
        the constituent elements of which have not been separated by 
        reprocessing.
            ``(29) The term `storage' means retention of high-level 
        radioactive waste, spent nuclear fuel, or transuranic waste 
        with the intent to recover such waste or fuel for subsequent 
        use, processing, or disposal.
            ``(30) The term `waste fund' means the nuclear waste fund 
        established in the United States Treasury prior to the date of 
        enactment of this Act under section 302(c) of the Nuclear Waste 
        Policy Act of 1982.
            ``(31) The term `withdrawal' has the same definition as 
        that set forth in the Federal Land Policy Management Act (43 
        U.S.C. 1702).
            ``(32) The term `Yucca Mountain site' means the area in the 
        State of Nevada that is withdrawn and reserved in accordance 
        with this Act for the location of a repository.

``SEC. 3. FINDINGS AND PURPOSES.

    ``(a) Findings.--The Congress finds that--
            ``(1) a national problem has been created by the 
        accumulation of--
                    ``(A) spent nuclear fuel from and at nuclear 
                reactors; and
                    ``(B) radioactive waste from--
                            ``(i) reprocessing of spent nuclear fuel;
                            ``(ii) activities related to medical 
                        research, diagnosis, and treatment; and
                            ``(iii) other sources;
            ``(2) the storage and disposal of high-level radioactive 
        waste and spent nuclear fuel at a central Federal site is vital 
        to the protection of the public health and safety and the 
        environment and to the maintenance of the energy security of 
        the United States;
            ``(3) while spent nuclear fuel can be safely stored at 
        reactor sites, the expeditious movement to and storage of such 
        spent nuclear fuel at a centralized Federal facility will 
        enhance the nation's environmental protection;
            ``(4) while the Federal Government has the responsibility 
        to provide for the centralized interim storage and permanent 
        disposal of high-level radioactive waste and spent nuclear fuel 
        to protect the public health and safety and the environment, 
        the costs of such storage and disposal should be the 
        responsibility of the generators and owners of such waste and 
        fuel, including the Federal Government;
            ``(5) development of an integrated spent nuclear fuel 
        management system would provide a safe, environmentally sound, 
        efficient, and cost effective method of storing, transporting, 
        and disposing of high-level radioactive waste and spent nuclear 
        fuel, and would ensure that the consumers of nuclear energy are 
        receiving the services for which they have paid, including 
        interest, over $10,000,000,000;
            ``(6) the expeditious development and utilization of a 
        central Federal facility and associated equipment for the 
        storage of spent nuclear fuel, as well as the transportation 
        infrastructure necessary for access to such a facility, is not 
        only critical to the nation's energy security and environmental 
        protection, but would provide a means for the Secretary to meet 
        the Secretary's obligations under this Act;
            ``(7) in the interests of protecting the public health and 
        safety, enhancing the nation's environmental protection, 
        promoting the nation's energy security, and ensuring the 
        Secretary's ability to meet the Secretary's obligation to 
        commence acceptance of spent nuclear fuel no later than January 
        31, 1998, it is necessary for Congress to take steps to 
        streamline the processes for siting, licensing, and commencing 
        operations at an interim storage facility;
            ``(8) the Secretary should continue the ongoing efforts to 
        develop multi-purpose canister-based systems for the storage, 
        transportation, and disposal of spent nuclear fuel and high-
        level radioactive waste in accordance with the obligations 
        imposed by this Act, because such systems could provide 
        benefits to the integrated spent nuclear fuel management 
system from a cost, feasibility, health and safety, and risk 
perspective;
            ``(9) the beneficiaries of nuclear energy have a 
        responsibility to provide future generations with a safe, 
        integrated system for the storage, transport and disposal of 
        spent nuclear fuel and high-level waste, and to bear the 
        financial costs of developing such a system in a responsible, 
        timely, efficient and cost-effective manner;
            ``(10) pursuant to the Nuclear Waste Policy Act of 1982 and 
        the contracts executed thereunder, the Secretary has a clear 
        and unconditional obligation to accept spent nuclear fuel and 
        high-level radioactive waste beginning not later than January 
        31, 1998, which obligation is continued under this Act;
            ``(11) the customers of owners and generators of high-level 
        radioactive waste and spent nuclear fuel have provided, 
        including interest, over $10 billion, and continue to provide 
        billions of dollars of funding to finance the Secretary's 
        implementation of the Secretary's responsibilities to provide 
        for the interim storage, transportation, and permanent disposal 
        of spent nuclear fuel and high-level radioactive waste; and
            ``(12) deficit-control measures designed to limit 
        appropriation of general revenues have unreasonably limited the 
        availability of the nuclear waste fund for its intended 
        purposes.
    ``(b) Purposes.--The purposes of this Act are--
            ``(1) to direct the Secretary to develop an integrated 
        spent nuclear fuel management system in accordance this Act and 
        to commence acceptance of spent nuclear fuel and high-level 
        radioactive waste in accordance with the acceptance schedule no 
        later than January 31, 1998;
            ``(2) to provide a means for the Secretary to fulfill the 
        Secretary's obligation to commence acceptance of spent nuclear 
        fuel beginning not later than January 31, 1998, by--
                    ``(A) requiring and facilitating the development, 
                licensing procurement, and deployment of multi-purpose 
                canister systems;
                    ``(B) directing the Secretary to develop an interim 
                storage facility at area 25 of the Nevada test site, 
                or, at a volunteer host site in Nevada;
                    ``(C) eliminating unnecessary duplication of agency 
                effort in complying with Federal environmental laws in 
                connection with the certification of multi-purpose 
                canisters and the siting, licensing, construction and 
                operation of the interim storage facility, including 
                related activities such as transportation, while 
                ensuring compliance with the purposes of such laws;
                    ``(D) modifying the provisions for licensing of the 
                repository to more appropriately reflect the nature of 
                the facility; and
                    ``(E) modifying the provisions for judicial review 
                of the Secretary's and the Commission's actions to 
                ensure that such review takes place at the appropriate 
                time and does not unduly delay development of the 
                integrated spent nuclear fuel management system;
            ``(3) to take those actions necessary to ensure that the 
        consumers of nuclear energy, who are funding the Secretary's 
        activities under this Act, receive the services to which they 
        are entitled and realize the benefits of enhanced protection of 
        public health and safety, and the environment, that will ensue 
        from the Secretary's compliance with the obligations imposed by 
        this Act;
            ``(4) to provide a schedule and process for the expeditious 
        and safe development and commencement of operation of a interim 
        storage facility, the procurement of related equipment, and any 
        necessary modifications to the transportation infrastructure to 
        ensure that the Secretary can satisfy the obligation to 
        commence acceptance of high level waste and spent nuclear fuel 
        no later than January 31, 1998;
            ``(5) to facilitate the development of an integrated spent 
        nuclear fuel management system for management of high-level 
        radioactive waste and spent nuclear fuel;
            ``(6) to direct the Secretary to continue the ongoing 
        activities with respect to the design, licensing, procurement, 
        and deployment of multi-purpose canister systems that can be 
        utilized for the storage, transportation, and disposal of spent 
        nuclear fuel and high level radioactive waste;
            ``(7) to direct the Secretary to implement management 
        reforms in the civilian radioactive waste management program, 
        as appropriate, to facilitate the Secretary's ability to 
        implement the integrated spent nuclear fuel management system 
        in a timely, efficient, safe, and cost-effective manner;
            ``(8) to eliminate unreasonable restrictions on the 
        appropriation of funds paid by consumers of nuclear energy into 
        the nuclear waste fund to ensure that such funds are available 
        as necessary and appropriate to support development of the 
        integrated spent nuclear fuel management system; and
            ``(9) to recognize and encourage private efforts to provide 
        for temporary storage of spent nuclear fuel until the Secretary 
        fulfills the Secretary's contractual and statutory obligation 
        to accept spent nuclear fuel, and to authorize the Secretary to 
        contract to use private storage facilities as a means of 
        mitigating damages for any failure of the Secretary to meet the 
        Secretary's acceptance obligations.

                  ``TITLE I--OBLIGATIONS AND REMEDIES

``SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.

    ``(a) The Secretary shall accept spent nuclear fuel and high-level 
radioactive waste pursuant to this Act and the contracts in accordance 
with the acceptance schedule, beginning not later than January 31, 
1998.
    ``(b) The Secretary has a clear and unconditional obligation to 
accept spent nuclear fuel and high-level radioactive waste at a 
Commission licensed facility notwithstanding the availability of any 
component of the integrated spent nuclear fuel management system or a 
private facility for the temporary storage of spent nuclear fuel.
    ``(c) The Secretary shall satisfy such obligation by expeditiously 
pursuing the development of each component of the integrated spent 
nuclear fuel management system, and in so doing shall seek to utilize 
effective private sector management and contracting practices in 
accordance with title VII of this Act.
    ``(d) The failure of the Secretary to accept spent nuclear fuel and 
high-level radioactive waste in accordance with subsection (a) shall 
entitle the contract holders to the remedies provided in section 102 of 
this Act, in addition to any other remedies that may be available at 
law.

``SEC. 102. REMEDIES.

    ``(a) Jurisdiction.--
            ``(1) The United States Court of Federal Claims shall have 
        original jurisdiction of all claims brought by a contract 
        holder for monetary damages for a breach of a contract or a 
        failure to meet statutory obligations to accept spent nuclear 
        fuel or high- level radioactive waste. Notwithstanding any 
        other grant of jurisdiction, such claims may be brought within 
        six years of the date on which the Secretary would have 
        accepted the contract holder's spent nuclear fuel or high level 
        radioactive waste had the Secretary commenced waste acceptance 
        by January 31, 1998 in accordance with the acceptance priority 
        ranking in effect prior to the date of enactment of this Act at 
        the rate set forth in the annual capacity report in effect 
prior to the date of enactment of this Act.
            ``(2) The provisions of the Contract Disputes Act do not 
        apply to claims asserted pursuant to this section.
    ``(b) Damage Award.--Damages for the Secretary's breach of a 
contract or the Secretary's failure to meet statutory obligations shall 
be awarded to a contract holder in the amounts specified in this 
subsection for each MTU of spent nuclear fuel and high-level 
radioactive waste for which the contract holder has to provide interim 
storage that would not have been necessary if the Secretary had 
accepted such material from the contract holder in accordance with the 
acceptance ranking and rate set forth in subsection (a)(1) of this 
section. The award of damages under this subsection shall not be 
affected by the provision of a multi-purpose canister system to a 
contract holder by the Secretary, the storage technology and storage 
location utilized by the contract holder, or the availability to the 
contract holder of existing storage capacity.
            ``(1) For the first 5-year period during which the contract 
        holder has to provide such interim storage services, $34,000 
        per MTU per year.
            ``(2) In the sixth year following the provision of such 
        storage services, $170,000 per MTU.
    ``(c) Procedure.--Within 6 months of the date of enactment of this 
Act, the United States Court of Federal Claims shall establish 
procedures that provide, to the maximum extent practicable, for the 
expeditious processing of claims for damages under this section.
    ``(d) Restriction.--The waste fund shall not be used, either 
directly or indirectly, for the payment of damages by the Secretary 
pursuant to this section.
    ``(e) Mitigation or Avoidance of Damages.--Any damages that may 
otherwise arise under subsection (b) for the Secretary's failure to 
accept spent nuclear fuel and high-level radioactive waste may be 
mitigated or avoided if the Secretary provides for the transportation 
to, and storage of, such fuel or waste in private storage facilities in 
accordance with the following criteria:
            ``(1) The Secretary may enter into a service contract with 
        one or more private entities that have facilities, licensed or 
        to be licensed by the Commission, that can be utilized for the 
        storage of spent nuclear fuel or high-level radioactive waste 
        and attendant services, provided however that the Secretary 
        shall not utilize such facilities until they have received a 
        license from the Commission.
            ``(2) The Secretary may utilize any available certified 
        system, including multi-purpose canister systems developed 
        under this section, for the transportation of spent nuclear 
        fuel and/or high-level radioactive waste to the private storage 
        facility and the storage of such fuel or waste at the private 
        storage facility.
            ``(3) The Secretary's execution of a service contract with 
        a private storage facility shall not convert the private 
        storage facility into a government facility or its owner or 
        lessee into a government contractor or subcontractor. 
        Accordingly, the Secretary's execution of a service contract 
        with a private storage facility shall not impose any 
        obligations on the private storage facility that are unique to 
        contracts with the Federal government and shall not impose any 
        obligations on the Secretary that would not apply to a private 
        entity that contracts with the storage facility, including the 
        following:
                    ``(A) The service contract shall not impose any 
                requirements on the Secretary or the private storage 
                facility under the National Environmental Policy Act of 
                1969.
                    ``(B) The service contract shall not subject the 
                Secretary or the private storage facility to Federal 
                laws and regulations governing the Secretary's 
                procurement of goods or services or the Secretary's 
                hiring, employment, payment, or firing of personnel.
                    ``(C) The service contract shall not convert the 
                private storage facility into an interim storage 
                facility as defined in this Act that is part of the 
                integrated spent nuclear fuel management system.
                    ``(D) The service contract shall not in any way 
                affect the Secretary's obligation to develop in an 
                expeditious manner each component of the integrated 
                spent nuclear fuel management system, including the 
                interim storage facility.
            ``(4) The Waste Fund shall be used to fund the Secretary's 
        actions in executing such service contract and implementing the 
        Secretary's responsibilities thereunder, including the 
        acceptance of spent nuclear fuel and high-level radioactive 
        waste at contract holder sites and transporting such fuel or 
        waste to the private storage facility.
    ``(f) Additional Remedies.--The remedies provided under this 
section are in addition to any legal or contractual remedies that are 
otherwise available to a contract holder.

      ``TITLE II--INTEGRATED SPENT NUCLEAR FUEL MANAGEMENT SYSTEM

``SEC. 201. ESTABLISHMENT OF THE INTEGRATED SPENT NUCLEAR FUEL 
              MANAGEMENT SYSTEM.

    ``There is established an integrated spent nuclear fuel management 
system for the management of spent nuclear fuel and high-level 
radioactive waste by the Secretary, including the storage, 
transportation, and disposal of such spent nuclear fuel and high-level 
radioactive waste.

``SEC. 202. RAILROAD.

    ``(a) Authorization.-- The Secretary shall acquire rights of way 
within the corridor designated in subsection (b) as provided in this 
section and shall construct and operate, or cause to be constructed and 
operated, a railroad and such facilities as are required to transport 
spent nuclear fuel and high-level radioactive waste from existing rail 
systems to the interim storage facility and the repository.
    ``(b) Route Designation.--
            ``(1) The Secretary shall acquire such rights of way and 
        develop such facilities within the corridor depicted on the map 
        dated ______ and on file with the Secretary.
            ``(2) Within 6 months of the date of the enactment of this 
        Act, the Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the corridor; and
                    ``(B) file copies of the map described in paragraph 
                (1) and the legal description of the corridor with the 
                Congress, the Secretary of the Interior, the Governor 
                of Nevada, and the Archivist of the United States.
            ``(3) The map and legal description referred to in 
        paragraph (2) shall have the same force and effect as if they 
        were included in this Act. The Secretary may correct clerical 
        and typographical errors in the map and legal description.
    ``(c) Withdrawal and Reservation.--
            ``(1) Subject to valid existing rights, the public lands 
        depicted on such map are withdrawn from all forms of entry, 
        appropriation, and disposal under the public land laws, 
        including without limitation the mineral leasing laws, the 
        geothermal laws, the material sale laws, and the mining laws.
            ``(2) Jurisdiction of such land is transferred from the 
        Secretary of the Interior to the Secretary of Energy.
            ``(3) Such lands are reserved for the use of the Secretary 
        for the construction and operation of such transportation 
        facilities and associated activities under this title.
            ``(4) The lands depicted in the corridor and on the map 
        that are within Bureau of Land Management study units NV-051-
        411 and NV-050-04R-15 are deemed to have been adequately 
        studied and shall be managed consistent with this Title.
    ``(d) National Environmental Policy Act.--
            ``(1) The Secretary's activities in connection with the 
        designation of a route and the acquisition of rights of way 
        under this section shall be considered preliminary 
        decisionmaking activities and shall not constitute a major 
        Federal action significantly affecting the quality of the human 
        environment for purposes of the National Environmental Policy 
        Act of 1969, shall not require the preparation of an 
        environmental impact statement under section 102(2)(C) of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)(C)), or any environmental review under subparagraph (E) 
        or (F) of section 102(2) of such Act, and shall not be delayed 
        pending completion of the environmental impact statement 
        required under paragraph (2).
            ``(2) Construction and operation of transportation 
        facilities within the corridor shall constitute a major Federal 
        action significantly affecting the quality of the human 
        environment for purposes of the National Environmental Policy 
        Act of 1969. The Secretary shall prepare an environmental 
        impact statement on the construction and operation of such 
        facilities prior to commencement of construction. In preparing 
        such statement, the Secretary shall adopt, to the extent 
        practicable, relevant environmental reports that have been 
        developed by other Federal and State agencies.
            ``(3) For purposes of complying with the requirements of 
        the National Environmental Policy Act of 1969 and this section, 
        the Secretary need not consider the need for the development or 
        improvement of transportation facilities, the timing of the 
        initial availability of the transportation facilities, 
        alternative routes, or alternative means of transportation.
    ``(e) Construction.--Notwithstanding any state or Federal statute, 
regulation or orders to the contrary, or the pendency of any judicial 
proceeding, the Secretary shall be authorized to commence construction 
of transportation facilities upon compliance with the requirements of 
subsections (a) through (d). No court shall have jurisdiction to enjoin 
the construction of the transportation facilities authorized by this 
section except upon its entry of a final order that the construction is 
not in accord with the provisions of applicable law.
    ``(f) Exemption.--Neither the Secretary nor any person constructing 
or operating railroad facilities under contract with the Secretary 
under this section shall be considered a rail carrier within the 
meaning of the Interstate Commerce Act (49 U.S.C. 10102 (19)) and shall 
not be subject to the jurisdiction of the Interstate Commerce 
Commission.

``SEC. 203. TRANSPORTATION PLANNING.

    ``(a) Transportation Readiness.--The Secretary shall take those 
actions that are necessary and appropriate to ensure that the Secretary 
is able to accept spent nuclear fuel and high-level radioactive waste 
at the sites designated by the contract holders, in accordance with the 
acceptance schedule, beginning not later than January 31, 1998, and 
transport such fuel or waste to mainline transportation facilities. 
These actions shall include, but not be limited to, the following:
            ``(1) As soon as is practicable following enactment of this 
        Act, the Secretary shall update both the Facilities Interface 
        Capability Assessment (FICA) and the Near Site Transportation 
        Infrastructure Study (NSTI) previously conducted by the 
        Secretary. In conducting such updates, the Secretary shall 
        analyze each specific reactor facility in the order of priority 
        established in the Acceptance Schedule.
            ``(2) Based on the data and analysis contained in the 
        updated FICA and NSTI, the Secretary shall develop a logistical 
        plan to assure the Secretary's ability to transport spent 
        nuclear fuel and/or high-level radioactive waste from the point 
        of acceptance at each contract holder's sites to mainline 
        transportation facilities. The logistical plan shall:
                    ``(A) Detail the Secretary's plans for procuring 
                and deploying the fleet of multi-purpose canister 
                systems developed under section 205 and certified by 
                the Commission, as well as any other certified 
                transport or storage cask systems, necessary to meet 
                the Secretary's obligations under this Act.
                    ``(B) Advise each contract holder of recommended 
                modifications that should be made to the contract 
                holder's sites, including the near site transportation 
                infrastructure, to facilitate the Secretary's ability 
                to accept spent nuclear fuel at such sites and 
                transport it to mainline transportation facilities, and 
                enter into discussions with such contract holder 
                concerning the implementation of such modifications. In 
                developing such plan, and determining the desirability 
                of modifications to a particular contract holder's 
                sites, including the near site transportation 
                infrastructure, the Secretary shall balance the costs 
                of the modifications to the individual contract holder, 
                against the economic and logistical benefits of the 
                modifications to the integrated spent nuclear fuel 
                management system; and
                    ``(C) Detail the Secretary's plans for ensuring the 
                availability to the Secretary of an adequate number of 
                appropriately designed rail cars, legal weight tractors 
                and trailers, and truck casks, including heavy-haul 
                vehicles, to meet the Secretary's obligations under 
                this Act.
    ``(b) Transportation Planning.--In conjunction with the development 
of the logistical plan in accordance with subsection (a), the Secretary 
shall update and modify, as necessary, the Secretary's transportation 
institutional plans to ensure that institutional issues are addressed 
and resolved on a schedule to support the commencement of 
transportation of spent nuclear fuel and high-level radioactive waste 
to the interim storage facility no later than January 31, 1998. Among 
other things, such transportation institutional planning shall provide 
a schedule and process for addressing and implementing, as necessary, 
transportation routing plans; transportation contracting plans; 
transportation training in accordance with section 204; and 
transportation tracking programs.
    ``(c) Initial Planning.--
            ``(1) To ensure the Secretary's ability to commence spent 
        nuclear fuel shipments to the interim storage facility no later 
        than January 31, 1998, the Secretary shall, in taking actions 
        required to ensure transportation readiness in accordance with 
        this section, in determining routes for spent nuclear fuel 
        shipments, and in providing the technical assistance required 
        by section 204(c), focus first on those limited actions that 
        will be required to support the first shipping campaign.
            ``(2) In conjunction with the transportation planning under 
        this section, and consistent with the acceptance schedule, the 
        Secretary shall discuss with contract holders the desirability 
        of defining a specified multi-year period for each shipping 
        campaign and establishing criteria under which the Secretary 
        could accept a contract holders' cumulative allocation of spent 
        nuclear fuel during the campaign period at one time and thereby 
        enhance the efficiency and cost-effectiveness of the integrated 
        spent nuclear fuel management system.

``SEC. 204. TRANSPORTATION REQUIREMENTS.

    ``(a) Package Certification.--No spent nuclear fuel or high level 
radioactive waste may be transported by or for the Secretary under this 
Act except in packages that have been certified for such purposes by 
the Commission.
    ``(b) State Notification.--The Secretary shall abide by regulations 
of the Commission regarding advance notification of State and local 
governments prior to transportation of spent nuclear fuel or high-level 
radioactive waste under this Act.
    ``(c) Technical Assistance.--The Secretary shall provide technical 
assistance and funds to States, for training for public safety 
officials of appropriate units of local government, and to Indian 
tribes through whose jurisdiction the Secretary plans to transport 
substantial amounts of spent nuclear fuel or high-level radioactive 
waste under this Act. Training shall cover procedures required for safe 
routine transportation of these materials, as well as procedures for 
dealing with emergency response situations. The Secretary's duty to 
provide technical and financial assistance under this subsection shall 
be limited to amounts specified in annual appropriations from the waste 
fund for such purpose.
    ``(d) Use of Private Carriers.--The Secretary, in providing for the 
transportation of spent nuclear fuel under this Act, shall utilize by 
contract private industry to the fullest extent possible in each aspect 
of such transportation. The Secretary shall use direct Federal services 
for such transportation only upon a determination by the Secretary of 
Transportation, in consultation with the Secretary, that private 
industry is unable or unwilling to provide such transportation services 
at a reasonable cost.

``SEC. 205. MULTI-PURPOSE CANISTER SYSTEMS.

    ``(a) Design and Certification of Multi-Purpose Canister Systems.--
            ``(1) The Secretary shall design one or more multi-purpose 
        canister systems. Not later than April 1, 1996, the Secretary 
        shall submit to the Commission applications for certification 
        of one or more such multi-purpose canister systems under the 
        existing provisions of 10 CFR part 71 and part 72, subpart K 
        existing on the date of enactment of this Act.
            ``(2) The Secretary shall solicit and consider contract 
        holder guidance through all phases of multi-purpose canister 
        system design to maximize, to the extent practicable, 
        compatibility between the multi-purpose canister systems and 
        contract holders' spent nuclear fuel and facilities, as well as 
        to maximize, to the extent practicable, the use of such multi-
        purpose canister systems in the integrated spent nuclear fuel 
        management system.
            ``(3) The Commission shall consider applications for 
        certification of a multi-purpose canister system for storage 
        and transport in accordance with the laws and regulations 
        applicable to such applications, except that the Commission 
        shall issue a final decision granting or denying a requested 
        certification no later than 18 months from the date of the 
        submittal of such applications. In conjunction with such 
        decisions, the Commission shall review the multi-purpose 
        canister system and inform the Secretary of its views regarding 
        the use of such multi-purpose canister system as a disposal 
        package based on the then current state of knowledge of the 
        natural and engineered systems in the repository.
    ``(b) Procurement of Multi-Purpose Canister Systems.--Upon the 
certification of multi-purpose canister systems by the Commission for 
both storage and transportation, the Secretary shall procure such 
multi-purpose canisters in quantities sufficient to comply with 
subsection (c) of this section, except that the Secretary is authorized 
to commence procurement of such multi- purpose canisters prior to such 
certification if necessary to meet the obligations imposed under this 
Act.
    ``(c) Deployment of Multi-Purpose Canister Systems.--
            ``(1) As soon as practicable following the Secretary's 
        procurement of multi-purpose canister systems and the 
        Commission's certification of such multi-purpose canister 
        systems, but not later than 30 days prior to the date the 
        interim storage facility described in section 206 is required 
        to begin operation, the Secretary shall commence deployment of 
        multi-purpose canister systems to contract holders at the sites 
        designated by the contract holders for the purpose of 
        commencing acceptance of spent nuclear fuel. The multi-purpose 
        canister systems shall be deployed to contract holders in 
        quantities and in the priority sequence required by the 
acceptance schedule.
            ``(2) The Secretary shall take action to establish terms 
        and conditions for deploying multi-purpose canister systems to 
        contract holders in advance of their priority under the 
        acceptance schedule. The Secretary is authorized to collect a 
        separate fee from those contract holders who receive multi-
        purpose canister systems in advance of their priority under the 
        acceptance schedule to compensate the waste fund in an amount 
        equal to the loss of interest on those funds expended to pay 
        for such multi-purpose canister systems in advance of scheduled 
        delivery under the acceptance schedule.
            ``(3) The multi-purpose canister systems shall constitute 
        an element of the integrated spent nuclear fuel management 
        system and shall be utilized by the Secretary, to the maximum 
        extent practicable, to implement the integrated spent nuclear 
        fuel management system.
            ``(4) The failure of the Secretary to comply with this 
        section, for any reason, shall not constitute a basis for delay 
        of any other components of the integrated spent nuclear fuel 
        management system.
            ``(5) The Secretary shall procure and commence delivery of 
        multi-purpose canister systems in accordance with this section 
        notwithstanding the pendency of a proceeding for judicial 
        review of the Commission's certification actions relative to 
        such multi- purpose canister systems. No court shall have 
        jurisdiction to enjoin the procurement or deployment of a 
        multi-purpose canister system prior to a final decision on 
        review of the Commission's certification actions.
    ``(d) Contingency.--In the event the Secretary is unable to comply 
with subsection (a), (b) or (c) of this section due to licensing or 
procurement delays, or due to site specific compatibility problems, and 
notwithstanding the availability of an interim storage facility, the 
Secretary shall procure and make available to contract holders such 
other certified systems as are necessary to implement the Secretary's 
statutory and contractual obligations to accept spent nuclear fuel 
beginning not later than January 31, 1998, and the Secretary's 
obligations under this Act to implement an integrated spent nuclear 
fuel management system, until such time as multi-purpose canister 
systems developed by the Secretary under this section are available for 
deployment.
    ``(e) Compliance With the National Environmental Policy Act of 
1969.--
            ``(1) No activity of the Secretary under this section, 
        including the design of multi-purpose canister systems; 
        preparation and submittal of applications for Commission 
        certification of such multi-purpose canister systems for 
        storage and transport; the procurement and deployment of multi-
        purpose canister systems; and the procurement and deployment of 
        other certified systems shall be considered a major Federal 
        action significantly affecting the quality of the human 
        environment for purposes of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.). No such activity shall 
        require the preparation of an environmental impact statement 
        under section 102(2)(C) of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4332(2)(C)), or require any 
        environmental review under subparagraph (E) or (F) of section 
        102(2) of such Act.
            ``(2) In connection with any application to the Commission 
        for certification of a multi-purpose canister system for 
        storage and transport, the Secretary shall comply with the 
        Commission regulations, including the submittal of any required 
        environmental documentation, in the same manner as a private 
        applicant.
            ``(3)(A) In connection with its actions in certifying a 
        multi-purpose canister system for storage and transportation, 
        the Commission shall comply with the requirements of the 
        National Environmental Policy Act of 1969 as imposed in its 
        regulations existing on the date of enactment of this Act.
            ``(B) Any Environmental Assessment prepared by the 
        Commission in connection with its certification action shall 
        not consider--
                    ``(i) any alternatives to the use of multi-purpose 
                canister systems in the Integrated Waste Management 
                System;
                    ``(ii) any alternatives to the design criteria for 
                such multi-purpose canister system or any individual 
                component thereof, as specified by the Secretary in the 
                license application;
                    ``(iii) the environmental impacts of the storage of 
                spent nuclear fuel in such multi-purpose canister 
                system at a reactor site or at the interim storage 
                facility beyond the initial term of the multi-purpose 
                canister system certification for storage or the term 
                of the renewal period for which application is made; or
                    ``(iv) the environmental impacts of the disposal of 
                spent nuclear fuel in such multi-purpose canister 
                system at the repository.
            ``(C) The Commission's certification of a multi-purpose 
        canister system shall not require preparation of an 
        Environmental Impact Statement under the National Environmental 
        Policy Act of 1969.

``SEC. 206. INTERIM STORAGE.

    ``(a) Authorization and Location.--
            ``(1) The Secretary shall design, construct, and operate a 
        facility for the interim storage of spent nuclear fuel. The 
        interim storage facility shall be licensed by the Commission in 
        accordance with its regulations governing the licensing of 
        independent spent fuel storage installations, as modified in 
        accordance with this section, and shall commence operation by 
        January 31, 1998. The interim storage facility shall be located 
        at the interim storage facility site, unless an alternative 
        site is designated in accordance with paragraph (2).
            ``(2)(A) No later than 60 days from the date of enactment 
        of this Act, any unit of local government in Nevada willing to 
        host an interim storage facility, and/or a facility for the 
        transportation and handling of spent nuclear fuel, at a 
        technically qualified site within its jurisdiction shall submit 
        written notice to the Secretary. Such written notice shall 
        contain--
                    ``(i) a description of the facilities that the 
                affected unit of local government is interested in 
                hosting;
                    ``(ii) a description of the boundaries of the site 
                and its proximity to any components of the national 
                transportation system;
                    ``(iii) an analysis of the unit of local 
                government's legal authority to dedicate the site for 
                the exclusive use of the Secretary for the necessary 
                period of time; and
                    ``(iv) proposed terms and conditions for inclusion 
                in a benefits agreement to be executed with the 
                Secretary in accordance with this subsection.
            ``(B) Upon receiving such notification, the Secretary shall 
        evaluate the proposed site to determine whether--
                    ``(i) the proposed site is technically qualified 
                for location of an interim storage facility or the 
                proposed facilities for the transportation and handling 
                of spent nuclear fuel;
                    ``(ii) the proposed site can be dedicated, in 
                accordance with applicable law, for the exclusive use 
                of an interim storage facility and/or facilities for 
                the transportation and handling of spent nuclear fuel; 
                and
                    ``(iii) location of an interim storage facility 
                and/or facilities for the transportation and handling 
                of spent nuclear fuel at such site would be beneficial 
                to the integrated spent nuclear fuel management system 
                considering, among other things, its proximity to the 
                national transportation infrastructure and the local 
                support for the facility or facilities.
            ``(C) Within 60 days of the receipt of the notification 
        under subparagraph (A), the Secretary shall determine, on the 
        basis of the evaluation, whether the interim storage facility 
        or facilities for the transportation and handling of spent 
        nuclear fuel should be located at the proposed site. In the 
        event that the Secretary determines that the interim storage 
        facility or facilities for the transportation and handling of 
        spent nuclear fuel should be located at the proposed site, the 
        Secretary shall--
                    ``(i) no later than 6 months from the date of 
                enactment of this Act, file a license application and 
                supporting documentation for authority to construct and 
                operate an interim storage facility at such site in 
                accordance with the requirements of this section and/or 
                shall seek such other authorization as is necessary to 
                construct and operate facilities for the transportation 
                and handling of spent nuclear fuel at such site; and
                    ``(ii) enter into a benefits agreement with the 
                unit of local government.
    ``(b) Capacity.--The interim storage facility shall be designed to 
provide sufficient capacity to store spent nuclear fuel from civilian 
nuclear power plants until the Secretary is able to transfer the spent 
fuel to the repository in accordance with the schedule set forth in the 
program approach provided, however, that in no event shall the design 
capacity of the interim storage facility be less than 40,000 MTU and 
provided further that the capacity of such facility shall be expandable 
if the receipt of spent nuclear fuel or high-level radioactive waste at 
the repository is delayed beyond 2010.
    ``(c) Design.--The interim storage facility shall satisfy the 
following design criteria:
            ``(1) The design shall be expandable so that additional 
        storage capacity can be added as necessary.
            ``(2) To the extent practicable, the design shall be based 
        on the use of multi-purpose canister systems developed under 
        section 205 and certified by the Commission for the storage and 
        transportation of spent nuclear fuel.
            ``(3) Consistent with the design objective specified in 
        paragraph (2), the design shall provide for the use of such 
        other storage technologies as are licensed or certified by the 
        Commission for use at the interim storage facility as necessary 
        to ensure compatibility between the interim storage facility 
        and contract holders' spent nuclear fuel and facilities, and to 
        facilitate the Secretary's ability to meet the Secretary's 
        obligations under this Act.
    ``(d) Licensing.--
            ``(1) No later than 6 months from the date of enactment of 
        this Act, the Secretary shall submit to the Commission an 
        application for a license for the interim storage facility 
        pursuant to the Commission's regulations governing the 
        licensing of independent spent fuel storage installations. Such 
        license application shall be accompanied by a Safety Analysis 
        Report and an Environmental Report, as required by such 
        regulations.
            ``(2) No later than 3 months from the date of enactment of 
        this Act, the Commission shall amend its regulations governing 
        the licensing of independent spent fuel storage installations 
        as necessary and appropriate to carry out the purposes of this 
        section. Such amendments shall incorporate the following 
        provisions--
                    ``(A) the license shall be issued in phases as 
                necessary to support the commencement of operations at 
                the interim storage facility as soon as practicable, 
                but no later than January 31, 1998;
                    ``(B) the license shall authorize a storage 
                capacity of no less than 40,000 MTU provided, however, 
                that the Commission may license an initial storage 
                capacity of less than 40,000 MTU in accordance with 
                subparagraph (A) to permit the commencement of 
                operations no later than January 31, 1998; and
                    (C) the license shall be issued for an initial term 
                of up to 100 years, and shall be renewable for 
additional terms upon application of the Secretary.
            ``(3) The Commission shall consider the Secretary's license 
        application in accordance with the provisions of this Act and 
        the Commission's regulations governing the licensing of 
        independent spent fuel storage installations, as amended in 
        accordance with this Act, except that the Commission shall 
        issue a final decision granting or denying the license no later 
        than 18 months from the date of the submittal of the license 
        application.
    ``(e) Additional Authority.--
            ``(1) The Secretary is authorized to commence construction 
        of the interim storage facility subsequent to submittal of the 
        license application provided, however, that the Commission 
        shall issue an order suspending such construction at any time 
        if the Commission determines that such construction poses an 
        unreasonable risk to public health and safety or the 
        environment. The Commission shall terminate all or part of such 
        order upon a determination that the Secretary has taken 
        appropriate action to eliminate such risk.
            ``(2) For a temporary period beginning with issuance of the 
        license for the interim storage facility, the Commission shall 
        authorize the Secretary, at the Secretary's request, to utilize 
        any facility owned by the Federal Government on the date of 
        enactment of this Act and within the boundaries of the interim 
        storage facility site, whether or not such facility is licensed 
        by the Commission, in connection with the storage, 
        transportation, and handling of spent nuclear fuel at the 
        interim storage facility provided that the Commission 
        establishes reasonable terms and conditions for use of such 
        facility in the license for the interim storage facility and 
        provided further that the Commission oversees the use of such 
        facility to assure that such use does not pose an unreasonable 
        risk to public health and safety and the environment.
    ``(f) National Environmental Policy Act of 1969.--
            ``(1) The Secretary shall comply with any environmental 
        requirements imposed by Commission regulations applicable to 
        the licensing of independent spent fuel storage installations, 
        including the required submission of environmental reports, in 
        like manner as a private applicant. No activity of the 
        Secretary under this section, including the selection of a site 
        for the interim storage facility, the preparation and submittal 
        of a license application for such facility, and the 
        construction and operation of such facility shall be considered 
        a major Federal action significantly affecting the quality of 
        the human environment for purposes of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). No 
        such activity shall require the preparation of an environmental 
        impact statement under section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) or 
        require any environmental review under subparagraph (E) or (F) 
        of such Act.
            ``(2)(A) Any licensing action by the Commission under this 
        section shall be accompanied by an Environmental Impact 
        Statement prepared under section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). In 
        preparing such Environmental Impact Statement, the Commission--
                    ``(i) shall assume that 100,000 MTU will be stored 
                at the facility; and
                    ``(ii) shall analyze the impacts of the 
                transportation of spent nuclear fuel to the interim 
                storage facility in a generic manner.
            ``(B) Such Environmental Impact Statement shall not 
        consider--
                    ``(i) the need for the interim storage facility, 
                including any individual component thereof;
                    ``(ii) the time of the initial availability of the 
                interim storage facility;
                    ``(iii) any alternatives to the storage of spent 
                nuclear fuel at the interim storage facility;
                    ``(iv) any alternatives to the site of the facility 
                as designated by the Secretary in accordance with 
                subsection (a);
                    ``(v) any alternatives to the design criteria for 
                such facility or any individual component thereof, as 
                specified by the Secretary in the license application; 
                or
                    ``(vi) the environmental impacts of the storage of 
                spent nuclear fuel at the interim storage facility 
                beyond the initial term of the license or the term of 
                the renewal period for which a license renewal 
                application is made.
    ``(g) Storage of Spent Nuclear Fuel.--The Secretary shall begin 
storing spent nuclear fuel at the interim storage facility at the 
earliest practicable date, but no later than January 31, 1998. Subject 
to the budget priorities established in section 401, all actions by the 
Secretary, the Commission, the Secretary of the Interior, or any 
Federal agency or officer with respect to consideration of applications 
or requests for the issuance or grant of any authorization related to 
the interim storage facility, including the certification of multi-
purpose canister systems, shall be expedited, and any such application 
or request shall take precedence over any other activity not related to 
the interim storage facility.
    ``(h) Judicial Review.--
            ``(1) The Secretary's actions under this section, including 
        to the Secretary's siting and design of the interim storage 
        facility, application for a facility license, issuance of a 
        Safety Analysis Report and Environmental Report, and 
        construction of the facility, shall not be subject to judicial 
        review under any law.
            ``(2) Judicial review of the Commission's Environmental 
        Impact Statement shall be consolidated with judicial review of 
        the Commission's licensing decision.
            ``(3) No court shall have jurisdiction to enjoin the 
        construction or operation of the interim storage facility prior 
        to its final decision on review of the Commission's licensing 
        action.
    ``(i) Waste Confidence.--The Secretary's obligation to construct 
and operate the interim storage facility in accordance with this 
section and the Secretary's obligation to develop an integrated spent 
nuclear fuel management system in accordance with the provisions of 
this Act, shall provide sufficient and independent grounds for any 
further findings by the Commission of reasonable assurance that spent 
nuclear fuel and high-level radioactive waste will be disposed of 
safely for purposes of the Commission's decision to grant or amend any 
license to operate any civilian nuclear power reactor under the Atomic 
Energy Act of 1954 (42 U.S.C. 2011 et seq.).
    ``(j) Storage of Material Other Than Commercial Spent Nuclear 
Fuel.--
            ``(1) Nothing contained in this section shall prohibit--
                    ``(A) the Commission from establishing criteria for 
                the issuance of an amendment to the interim storage 
                facility license authorizing storage of high-level 
                radioactive waste or spent nuclear fuel from atomic 
                energy defense activities in the interim storage 
                facility; and
                    ``(B) the Secretary from seeking a license 
                amendment to allow for the storage of high-level 
                radioactive waste or spent nuclear fuel from atomic 
                energy defense activities at the interim storage 
                facility.
            ``(2) The acceptance at the interim storage facility of 
        high-level radioactive waste or spent nuclear fuel resulting 
        from atomic energy defense activities shall not affect the 
        acceptance of spent nuclear fuel in accordance with the 
        acceptance schedule.

``SEC. 207. PERMANENT DISPOSAL.

    ``(a) Site Characterization.--
            ``(1) The guidelines promulgated by the Secretary and 
        published at 10 CFR part 960 are annulled and revoked and the 
        Secretary shall make no assumptions or conclusions about the 
        licenseability of the Yucca Mountain site as a repository by 
        reference to such guidelines.
            ``(2) The Secretary shall carry out appropriate site 
        characterization activities at the Yucca Mountain site in 
        accordance with the Secretary's program approach to site 
        characterization provided that the Secretary modifies or 
        eliminates those site characterization activities designed to 
        demonstrate the suitability of the site under the guidelines 
        referenced in paragraph (1).
            ``(3) No later than December 31, 2001, the Secretary shall 
        apply to the Commission for authorization to construct the 
        repository and shall comply with the provisions of section 
        208(b)(4). If, at any time prior to the filing of such 
        application, the Secretary determines that the Yucca Mountain 
        site cannot satisfy the Commission's regulations applicable to 
        the licensing of a geologic repository, the Secretary shall 
        terminate site characterization activities at the site, notify 
        Congress and the State of Nevada of the Secretary's 
        determination and the reasons therefor, and recommend to 
        Congress not later than 6 months after such determination 
        further actions, including the enactment of legislation, that 
        may be needed to manage the nation's high-level radioactive 
        waste and spent nuclear fuel.
            ``(4) In developing an application for authorization to 
        construct the repository, the Secretary shall seek to maximize 
        the capacity of the repository.
    ``(b) Licensing.--Within one year of the date of enactment of this 
Act, the Commission shall amend its regulations governing the disposal 
of spent nuclear fuel and high-level radioactive waste in geologic 
repositories as may be necessary to reflect the program approach and 
the provisions of this Act, including the licensing provisions set 
forth in this section. Any provision of such regulations in effect on 
the date of enactment of this Act that is inconsistent with the 
provisions of this Act is annuled and revoked. Subject to subsection 
(c), such regulations shall provide for the licensing of the repository 
according to the following procedures--
            ``(1) Construction authorization.--The Commission shall 
        grant the Secretary a construction authorization for the 
        repository upon determining that there is reasonable assurance 
        that high-level radioactive waste and spent nuclear fuel can be 
        disposed of in the repository--
                    ``(A) in conformity with the Secretary's 
                application, the provisions of this Act, and the 
                regulations of the Commission;
                    ``(B) without unreasonable risk to the health and 
                safety of the public;
                    ``(C) consistent with the common defense and 
                security.
            ``(2) License.--Following substantial completion of 
        construction and the filing of any additional information 
        needed to complete the license application, the Commission 
        shall issue a license to dispose of high-level radioactive 
        waste and spent nuclear fuel in the repository if the 
        Commission determines that the repository has been constructed 
        and will operate--
                    ``(A) in conformity with the Secretary's 
                application, the provisions of this Act, and the 
                regulations of the Commission;
                    ``(B) without unreasonable risk to the health and 
                safety of the public;
                    ``(C) consistent with the common defense and 
                security.
            ``(3) Closure.--After emplacing high-level radioactive 
        waste and spent nuclear fuel in the repository and collecting 
        sufficient confirmatory data on repository performance to 
        reasonably confirm the basis for repository closure consistent 
        with the Commission's regulations applicable to the licensing 
        of a repository, as modified in accordance with this Act, the 
        Secretary shall apply to the Commission to amend the license to 
        permit permanent closure of the repository. The Commission 
        shall grant such license amendment upon finding that there is 
        reasonable assurance that the repository can be permanently 
        closed--
                    ``(A) in conformity with the Secretary's 
                application to amend the license, the provisions of 
                this Act, and the regulations of the Commission;
                    ``(B) without unreasonable risk to the health and 
                safety of the public; and
                    ``(C) consistent with the common defense and 
                security.
            ``(4) Post-closure.--The Secretary shall take those actions 
        necessary and appropriate at the Yucca Mountain site to prevent 
        any activity at the site subsequent to repository closure that 
        poses an unreasonable risk of--
                    ``(A) breaching the repository's engineered or 
                geologic barriers: or
                    ``(B) increasing the exposure of individual members 
                of the public to radiation beyond the release standard 
                established in subsection (d)(1).
    ``(c) Modification of Repository Licensing Procedure.--The 
Commission's regulations shall provide for the modification of the 
repository licensing procedure, as appropriate, in the event that the 
Secretary seeks a license to permit the emplacement in the repository, 
on a retrievable basis, of only that quantity of spent nuclear fuel or 
high-level radioactive waste that is necessary to provide the Secretary 
with sufficient confirmatory data on repository performance to 
reasonably confirm the basis for repository closure consistent with 
applicable regulations.
    ``(d) Licensing Standards.--Notwithstanding any other provision of 
law, the Administrator of the Environmental Protection Agency shall not 
promulgate, by rule or otherwise, standards for protection of the 
public from releases of radioactive materials or radioactivity from the 
repository and any such standards existing on the date of enactment of 
this Act shall not be incorporated in the Commission's licensing 
regulations. The Commission's repository licensing determinations shall 
be based solely on a finding whether the repository can be operated in 
conformance with the overall system performance standard established in 
paragraph (1)(A), applied in accordance with the provisions of 
paragraph (1)(B). The Commission shall amend its regulations in 
accordance with subsection (b) to incorporate the following licensing 
standards:
            ``(1) Release Standard.--
                    ``(A) Establishment of overall system performance 
                standard.--In accordance with the provisions of 
                subparagraph (B), the Commission shall find that the 
                repository will not constitute an unreasonable risk to 
                the health and safety of the public if there is 
                reasonable assurance that the amount of radioactive 
                materials and radioactivity released from the site 
                (excluding background radiation and other radiation 
                arising from the natural geological characteristics of 
                the site) shall not result in an annual dose to an 
                average member of the general population in the 
                vicinity of the site in excess of one-third of the 
                annual dose received from natural background sources by 
                an average member of the general population in the 
                United States. Such release standard shall constitute 
                an overall system performance standard.
                    ``(B) Application of overall system performance 
                standard.--The Commission shall issue the license if it 
                finds reasonable assurance that--
                            ``(i) for the first 1,000 years following 
                        the commencement of repository operations, the 
                        overall system performance standard will be met 
                        based on a deterministic evaluation of the 
                        overall performance of the disposal system; and
                            ``(ii) for the period commencing after the 
                        first 1,000 years of operation of the 
                        repository and terminating at 10,000 years 
                        after the commencement of operation of the 
                        repository, there is likely to be compliance 
                        with the overall system performance standard 
                        based on regulatory insight gained through the 
                        use of a probabilistic integrated performance 
                        model that uses best estimate assumptions, 
                        data, and methods.
            ``(2) Human intrusion.--The Commission shall assume that, 
        following repository closure, the inclusion of engineered 
        barriers and the Secretary's post-closure actions at the Yucca 
        Mountain site, in accordance with subsection (b)(3), shall be 
        sufficient to --
                    ``(A) prevent any activity at the site that poses 
                an unreasonable risk of breaching the repository's 
                engineered or geologic barriers; and
                    ``(B) prevent any increase in the exposure of 
                individual members of the public to radiation beyond 
                allowable limits as specified in this section.
    ``(e) National Environmental Policy Act.--
            ``(1) Construction and operation of the repository shall be 
        considered a major Federal action significantly affecting the 
        quality of the human environment for purposes of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The 
        Secretary shall submit an environmental impact statement on the 
construction and operation of the repository to the Commission with the 
license application.
            ``(2) For purposes of complying with the requirements of 
        the National Environmental Policy Act of 1969 and this section, 
        the Secretary shall not consider in the environmental impact 
        statement the need for the repository, alternative sites or 
        designs for the repository, the time of the initial 
        availability of the repository, or any alternatives to the 
        isolation of high-level radioactive waste and spent nuclear 
        fuel in a repository.
            ``(3) The Secretary's environmental impact statement and 
        any supplements thereto shall, to the extent practicable, be 
        adopted by the Commission in connection with the issuance by 
        the Commission of a construction authorization under subsection 
        (b)(1), a license under subsection (b)(2), or a license 
        amendment under subsection (b)(3). To the extent such statement 
        or supplement is adopted by the Commission, such adoption shall 
        be deemed to also satisfy the responsibilities of the 
        Commission under the National Environmental Policy Act of 1969, 
        and no further consideration shall be required, except that 
        nothing in this subsection shall affect any independent 
        responsibilities of the Commission to protect the public health 
        and safety under the Atomic Energy Act of 1954. In any such 
        statement prepared with respect to the repository, the 
        Commission shall not consider the need for a repository, the 
        time of initial availability of the repository, alternate sites 
        to the Yucca Mountain site, or nongeologic alternatives to such 
        site.
    ``(f) Judicial Review.--No court shall have jurisdiction to enjoin 
issuance of the Commission repository licensing regulations prior to 
its final decision on review of such regulations.

``SEC. 208. LAND WITHDRAWAL.

    ``(a) Withdrawal and Reservation.--
            ``(1) Subject to valid existing rights, the interim storage 
        facility site and the Yucca Mountain site, as described in 
        subsection (b), are withdrawn from all forms of entry, 
        appropriation, and disposal under the public land laws, 
        including without limitation the mineral leasing laws, the 
        geothermal leasing laws, the material sale laws, and the mining 
        laws.
            ``(2) Jurisdiction of any land within the interim storage 
        facility site and the Yucca Mountain site managed by the 
        Secretary of the Interior, the Secretary of Defense, or any 
        other Federal officer is transferred to the Secretary.
            ``(3) The interim storage facility site and the Yucca 
        Mountain site are reserved for the use of the Secretary for the 
        construction and operation, respectively, of the interim 
        storage facility and the repository and activities associated 
        with the purposes of this title.
    ``(b) Land Description.--
            ``(1) The boundaries depicted on the map entitled `Interim 
        Storage Facility Site Withdrawal Map,' dated ______, and on 
        file with the Secretary, are established as the boundaries of 
        the Interim Storage Facility site.
            ``(2) The boundaries depicted on the map entitled `Yucca 
        Mountain Site Withdrawal Map,' dated ______, and on file with 
        the Secretary, are established as the boundaries of the Yucca 
        Mountain site.
            ``(3) Within 6 months of the date of the enactment of this 
        Act, the Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the interim storage 
                facility site; and
                    ``(B) file copies of the maps described in 
                paragraph (1), and the legal description of the interim 
                storage facility site with the Congress, the Secretary 
                of the Interior, the Governor of Nevada, and the 
                Archivist of the United States.
            ``(4) Concurrent with the Secretary's application to the 
        Commission for authority to construct the repository, the 
        Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the Yucca Mountain 
                site; and
                    ``(B) file copies of the maps described in 
                paragraph (2), and the legal description of the Yucca 
                Mountain site with the Congress, the Secretary of the 
                Interior, the Governor of Nevada, and the Archivist of 
                the United States.
            ``(5) The maps and legal descriptions of the interim 
        storage facility site and the Yucca Mountain site referred to 
        in this subsection shall have the same force and effect as if 
        they were included in this Act. The Secretary may correct 
        clerical and typographical errors in the maps and legal 
        descriptions and make minor adjustments in the boundaries of 
        the sites.

``SEC. 209. PRIVATE STORAGE FACILITIES

    ``(a) Commission Action.--Upon application by one or more private 
entities for a license for an independent spent fuel storage 
installation not located at the site of a power reactor, the Commission 
shall review such license applications and issue a license for one or 
more such facilities at the earliest practicable date, to the extent 
permitted by the applicable provisions of law and regulation. Any 
Environmental Impact Statement prepared by the Commission under section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C 
4332(2)(C)) in conjunction with any such licensing proceeding shall not 
consider--
            ``(1) the need for the private storage facility, including 
        any individual component thereof;
            ``(2) any alternatives to the site of the private storage 
        facility selected by the applicant;
            ``(3) any alternatives to the design criteria for such 
        facility or any individual component thereof in the license 
        application;
            ``(4) the environmental impacts of storage of spent nuclear 
        fuel at the facility beyond the term of the license or the term 
        of the renewal period for which application is made; or
            ``(5) the status of implementation of the Integrated Spent 
        Nuclear Fuel Management System.
    ``(b) Secretary's Actions.--The Secretary shall encourage efforts 
to develop private facilities for the storage of spent fuel by 
providing any requested information and assistance, as appropriate, to 
the developers of such facilities and to state and local governments 
and Indian Tribes within whose jurisdictions such facilities may be 
located, and shall cooperate with the developers of such facilities to 
facilitate compatibility between such facilities and the integrated 
spent nuclear fuel management system.
    ``(c) Obligation.--The Secretary shall satisfy the Secretary's 
obligations under this Act notwithstanding the development of private 
facilities for the storage of spent nuclear fuel.

                      ``TITLE III--STATE RELATIONS

``SEC. 301. STATE CONSULTATION AND ASSISTANCE.

    ``(a) Provision of Information.--
            ``(1) The Secretary, the Commission, and other agencies 
        involved in the construction, operation, or regulation of any 
        aspect of the interim storage facility, repository, or 
        transportation facilities shall provide to the Governor and 
        legislature of Nevada timely and complete information regarding 
        determinations or plans made with respect to the site 
        characterization, siting, development, design, licensing, 
        construction, operation, regulation, or decommissioning of the 
        interim storage facility, repository, or transportation 
        facilities.
            ``(2) Upon written request for information by the Governor 
        or legislature, the Secretary shall provide a written response 
        to such request within 30 days of the receipt of such request. 
        Such response shall provide the information requested or, in 
        the alternative, the reasons why the information cannot be so 
        provided.
    ``(b) Consultation and Cooperation.--In performing any study of the 
Yucca Mountain site for the purpose of determining whether the site can 
satisfy the Commission's regulations governing the licensing of a 
repository, in developing and operating the interim storage facility, 
in developing and loading the repository, and in developing 
transportation facilities, the Secretary shall consult and cooperate 
with the Governor and legislature of Nevada in an effort to resolve the 
concerns of the State regarding the public health and safety, 
environmental, and economic impacts of the interim storage facility or 
repository. In carrying out the Secretary's duties under this title, 
the Secretary shall consider such concerns to the maximum extent 
feasible.
    ``(c) Financial Assistance.--
            ``(1)(A) The Secretary shall make grants to the State of 
        Nevada and any affected unit of local government for purpose of 
        participating in activities required by this section. Any 
        salary or travel expense that would ordinarily be incurred by 
        such State or affected unit of local government, may not be 
        considered eligible for funding under this paragraph.
            ``(B) The Secretary shall make grants to the State of 
        Nevada and any affected unit of local government under 
        subparagraph (A) for purposes of enabling the State or affected 
        unit of local government--
                    ``(i) to review activities taken under this title 
                with respect to the Yucca Mountain site for purposes of 
                determining any potential economic, social, public 
                health and safety, and environmental impacts of the 
                interim storage facility or repository on the State or 
                affected unit of local government and its residents;
                    ``(ii) to develop a request for impact assistance 
                under paragraph (2);
                    ``(iii) to engage in any reasonable monitoring, 
                testing, or evaluation activities with respect to site 
                characterization programs with regard to such site;
                    ``(iv) to provide information to Nevada residents 
                regarding any activities of such state, the Secretary, 
                or the Commission with respect to such site; and
                    ``(v) to request information from, and make 
                comments and recommendations to, the Secretary 
                regarding such activities taken under this title with 
                respect to such site.
            ``(C) Any salary or travel expense that would ordinarily be 
        incurred by the State of Nevada or any affected unit of local 
        government may not be considered eligible for funding under 
        this paragraph.
            ``(2)(A)(i) The Secretary shall provide financial and 
        technical assistance to the State of Nevada and any affected 
        unit of local government requesting such assistance in 
        accordance with the agreement executed in subparagraph (C).
            ``(ii) Such assistance shall be designed to mitigate the 
        impact on the State or affected unit of local government of the 
        development of the interim storage facility or repository and 
        the characterization of such site.
            ``(iii) Such assistance to the State or affected unit of 
        local government shall commence upon the initiation of site 
        characterization activities.
            ``(B) The State of Nevada and any affected unit of local 
        government may request assistance under this subsection by 
        preparing and submitting to the Secretary a report on the 
        economic, social, public health and safety, and environmental 
        impacts that are likely to result from site characterization 
        activities at the Yucca Mountain site.
            ``(C) As soon as practicable, the Secretary shall seek to 
        enter into a binding agreement with the State of Nevada setting 
        forth--
                    ``(i) the amount of assistance to be provided under 
                this subsection to such state or affected unit of local 
                government; and
                    ``(ii) the procedures to be followed in providing 
                such assistance.
            ``(3)(A) In addition to financial assistance provided under 
        paragraphs (1) and (2), the Secretary shall grant to the State 
        of Nevada and any affected unit of local government an amount 
        each fiscal year equal to the amount the State or affected unit 
        of local government, respectively, would receive if authorized 
        to tax site characterization activities at such site, the 
        development and operation of the interim storage facility, and 
        the development and operation of the repository, as the State 
        or affected unit of local government taxes the non-Federal real 
        property and industrial activities occurring within the State 
        or affected unit of local government.
            ``(B) Such grants shall continue until such time as the 
        respective activities, development, and operation are 
        terminated at such site.
            ``(4)(A) The State of Nevada or any affected unit of local 
        government may not receive--
                    ``(i) any grant with respect to the interim storage 
                facility under paragraph (1) after the expiration of 
                the one-year period following the date on which the 
                Commission disapproves an application for a license to 
                store high-level radioactive waste and spent nuclear 
                fuel at the site; or
                    ``(ii) any grant with respect to the site 
                characterization activities or construction of the 
                repository under paragraph (1) after the expiration of 
                the one-year period following the earlier of--
                            ``(I) the date on which the Secretary 
                        notifies the Governor and legislature of the 
                        State of Nevada of the termination of site 
                        characterization activities at the Yucca 
                        Mountain site; or
                            ``(II) the date on which the Commission 
                        disapproves an application for a construction 
                        authorization for a repository at such site.
            ``(B) The State of Nevada or any affected unit of local 
        government may not receive any further assistance under 
        paragraph (2)--
                    ``(i) with respect to the interim storage facility 
                if construction or operation of the interim storage 
                facility are terminated by the Secretary or if such 
                activities are permanently enjoined by any court; or
                    ``(ii) with respect to the repository if repository 
                construction activities or site characterization 
                activities are terminated by the Secretary or if such 
                activities are permanently enjoined by any court.
            ``(C) At the end of the 2-year period beginning on the 
        effective date of any license under section 207, no Federal 
        funds, shall be made available to the State of Nevada or 
        affected unit of local government under paragraph (1) or (2), 
        except for such funds as may be necessary to support State 
        activities pursuant to agreements or contracts for impact 
        assistance entered into under paragraph (2) by the State with 
        the Secretary during such 2-year period.
            ``(5) Financial assistance authorized in this subsection 
        shall be made out of amounts held in the waste fund. Amounts 
        appropriated for the purposes of such financial assistance 
        shall be provided to the State of Nevada and any affected unit 
        of local government at the discretion of the Secretary, and may 
        be withheld in whole or part by the Secretary upon a 
        determination by the Secretary that such State or affected unit 
        of local government is not abiding by the requirements of this 
        section or is taking action for the purpose of delaying, 
        obstructing, or otherwise interfering with the Secretary's 
        ability to construct and operate any component of the 
        integrated spent nuclear fuel management system.

                  ``TITLE IV--FUNDING AND ORGANIZATION

``SEC. 401. BUDGET PRIORITIES.

    ``(a) The Secretary.--For purposes of preparing annual requests for 
appropriations from the Waste Fund and allocating appropriated funds 
among competing requirements, the Secretary shall accord--
            ``(1) the development and deployment of multi-purpose 
        canister systems under section 205, and the licensing, 
        construction, and operation of the interim storage facility 
        under section 206 the highest priority;
            ``(2) the acquisition of rights of way and the construction 
        and operation of the railroad under section 202 the next 
        highest priority; and
            ``(3) the licensing, construction, and operation of the 
        repository under section 207 the next highest priority.
    ``(b) The Commission.--For purposes of preparing annual requests 
for appropriations from the waste fund and allocating appropriated 
funds among competing requirements, the Commission shall accord--
            ``(1) the certification of multi-purpose canister systems 
        under section 205 and the licensing of an interim storage 
        facility under section 206 the highest priority;
            ``(2) the licensing of the repository under section 207 the 
        next highest priority.

``SEC. 402. ENVIRONMENTAL REQUIREMENTS.

    ``Notwithstanding any other law or regulation, the obligations of 
the Secretary and the Commission pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et. seq.) in connection with the 
siting, design, licensing, construction or operation of any component 
of the integrated spent nuclear fuel management system are as set forth 
specifically in this Act and no further actions other than those 
specified are required to meet the Secretary's or the Commission's 
obligations under such Act.

``SEC. 403. NUCLEAR WASTE FUND.

    ``(a) Contracts.--
            ``(1) In the performance of the Secretary's functions under 
        this Act, the Secretary is authorized to enter into contracts 
        with any person who generates or holds title to high level 
        radioactive waste, or spent nuclear fuel, of domestic origin 
        for the acceptance of title, subsequent transportation, and 
        disposal of such waste or spent fuel. Such contracts shall 
        provide for payment to the Secretary of fees pursuant to 
        paragraphs (2) and (3) sufficient to offset expenditures 
        described in subsection (d).
            ``(2) For electricity generated by a civilian nuclear power 
        reactor and sold on or after the date 90 days after January 7, 
        1983, the fee under paragraph (1) shall be equal to 1.0 mill 
        per kilowatt-hour.
            ``(3) For spent nuclear fuel, or solidified high-level 
        radioactive waste derived from spent nuclear fuel, which fuel 
        was used to generate electricity in a civilian nuclear power 
        reactor prior to the application of the fee under paragraph (2) 
        to such reactor, the Secretary shall, not later than 90 days 
        after January 7, 1983, establish a 1 time fee per kilogram of 
        heavy metal in spent nuclear fuel, or in solidified high-level 
        radioactive waste. Such fee shall be in an amount equivalent to 
        an average charge of 1.0 mill per kilowatt-hour for electricity 
        generated by such spent nuclear fuel, or such solidified high 
        level radioactive waste derived therefrom, to be collected from 
        any person delivering such spent nuclear fuel or high-level 
        waste, pursuant to the acceptance schedule or section 503, to 
        the Federal government. Such fee shall be paid to the Treasury 
        of the United States and shall be deposited in the separate 
        fund established by subsection (c). In paying such a fee, the 
        person delivering spent fuel, or solidified high-level 
        radioactive wastes derived therefrom, to the Federal government 
        shall have no further financial obligation to the Federal 
        government for the long-term storage and permanent disposal of 
        such spent fuel, or the solidified high-level radioactive waste 
        derived therefrom.
            ``(4) Not later than 180 days after January 7, 1983, the 
        Secretary shall establish procedures for the collection and 
payment of the fees established by paragraphs (2) and (3). The 
Secretary shall annually review the amount of the fees established by 
paragraphs (2) and (3) to evaluate whether collection of the fee will 
provide sufficient revenues to offset the costs as defined in 
subsection (d). In the event the Secretary determines that either 
insufficient or excess revenues are being collected, in order to 
recover the costs incurred by the Federal government that are specified 
in subsection (d), the Secretary shall propose an adjustment to the fee 
to ensure full cost recovery. The Secretary shall immediately transmit 
this proposal for such an adjustment to Congress. No proposed fee 
adjustment under this section shall have legal effect unless enacted 
into Federal law.
            ``(5) The Secretary shall, by rule, amend the contracts to 
        incorporate criteria setting forth the terms and conditions 
        under which the Secretary shall meet its obligations under this 
        Act.
    ``(b) Advance Contracting Requirement.--
            ``(1)(A) The Commission shall not issue or renew a license 
        to any person to use a utilization or production facility under 
        the authority of section 103 or 104 of the Atomic Energy Act of 
        1954 (42 U.S.C. 2133, 2134) unless--
                    ``(i) such person has entered into a contract with 
                the Secretary under this section; or
                    ``(ii) the Secretary affirms in writing that such 
                person is actively and in good faith negotiating with 
                the Secretary for a contract under this section.
            ``(B) The Commission, as it deems necessary or appropriate, 
        may require as a precondition to the issuance or renewal of a 
        license under section 103 or 104 of the Atomic Energy Act of 
        1954 (42 U.S.C. 2133, 2134) that the applicant for such license 
        shall have entered into an agreement with the Secretary for the 
        disposal of high-level radioactive waste and spent nuclear fuel 
        that may result from the use of such license.
            ``(2) Except as provided in paragraph (1), no spent nuclear 
        fuel or high-level radioactive waste generated or owned by any 
        person (other than a department of the United States referred 
        to in section 101 or 102 of title 5, United States Code) may be 
        disposed of by the Secretary in any repository constructed 
        under this Act unless the generator or owner of such spent fuel 
        or waste has entered into a contract with the Secretary under 
        this section by not later than--
                    ``(A) June 30, 1983; or
                    ``(B) the date on which such generator or owner 
                commences generation of, or takes title to, such spent 
                fuel or waste; whichever occurs later.
            ``(3) The rights and duties of a party to a contract 
        entered into under this section may be assignable with transfer 
        of title to the spent nuclear fuel or high-level radioactive 
        waste involved.
            ``(4) No high-level radioactive waste or spent nuclear fuel 
        generated or owned by any department of the United States 
        referred to in section 101 or 102 of title 5, United States 
        Code, may be stored or disposed of by the Secretary in the 
        integrated spent nuclear fuel management system developed under 
        this Act unless such department transfers to the Secretary, for 
        deposit in the nuclear waste fund, its appropriate portion of 
        the costs of such storage and disposal as determined by the 
        Secretary under section 405.
    ``(c) Establishment of Nuclear Waste Fund.--There is established in 
the Treasury of the United States a separate fund, to be known as the 
Nuclear Waste Fund. The Waste Fund shall consist of--
            ``(1) all receipts, proceeds, and recoveries realized by 
        the Secretary under subsections (a), (b), and
    (f), which shall be deposited in the Waste Fund immediately upon 
their realization; and
            ``(2) any appropriations made by the Congress to the Waste 
        Fund.
    ``(d) Use of Waste Fund.--The Secretary may make expenditures from 
the Waste Fund, subject to subsection (f), only for purposes of 
radioactive waste management activities under this Act, including--
            ``(1) the identification, development, licensing, 
        construction, operation, decommissioning, and post 
        decommissioning maintenance and monitoring of the interim 
        storage facility or repository constructed under this Act;
            ``(2) the conducting of nongeneric research, development, 
        and demonstration activities under this Act;
            ``(3) the administrative cost of the radioactive waste 
        disposal program;
            ``(4) any costs that may be incurred by the Secretary in 
        connection with development and implementation of the 
        integrated spent nuclear fuel management system, including the 
        transportation, treating, or packaging of spent nuclear fuel or 
        high-level radioactive waste to be disposed of in the 
        repository or to be stored in the interim storage facility, the 
        cost of designing, licensing, fabricating, procuring, and 
        deploying multi-purpose canister systems, the cost of 
        constructing, maintaining, modifying and operating 
        transportation and transportation related systems;
            ``(5) the costs associated with acquisition, design, 
        modification, replacement, operation, and construction of 
        facilities at the repository or interim storage facility and 
        necessary or incident to such repository or interim storage 
        facility;
            ``(6) the costs associated with the provision of assistance 
        and benefits to the State of Nevada, and affected units of 
        local government in accordance with this Act;
            ``(7) the costs associated with the execution and 
        implementation of service contracts with private storage 
        facilities for the storage of spent nuclear fuel; and
            ``(8) the costs associated with modifications to contract 
        holders' site and facilities, including the near site 
        transportation infrastructure, where such modifications add 
        significantly to the efficiency of the integrated spent fuel 
        management system.
    ``(e) Prohibition on Use of Waste Fund.--The Nuclear Waste Fund 
shall not be used, either directly or indirectly, for the payment of 
damages by the Secretary pursuant to section 102 of this Act.
    ``(f) Administration of Waste Fund.--(1) The Secretary of the 
Treasury shall hold the Waste Fund and, after consultation with the 
Secretary, annually report to the Congress on the financial condition 
and operations of the Waste Fund during the preceding fiscal year.
    ``(2) The Secretary shall submit the budget of the Waste Fund to 
the Office of Management and Budget triennially along with the budget 
of the Department of Energy submitted at such time in accordance with 
chapter 11 of title 31, United States Code. The budget of the Waste 
Fund shall consist of the estimates made by the Secretary of 
expenditures 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, subject to appropriations which shall remain 
available until expended. Appropriations shall be subject 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 
obligations 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 Treasury, taking into 
        consideration the current average market yield on outstanding 
        marketable obligations of the United States with remaining 
        periods to maturity comparable to the maturities of such 
        investments, except that the interest rate on such investments 
        shall not exceed the average interest rate applicable to 
        existing borrowings.
    ``(4) Receipts, proceeds, and recoveries realized by the Secretary 
under this section, and expenditures of amounts from the Waste Fund, 
shall be exempt from annual apportionment under the provisions of 
subchapter II of chapter 15 of title 31, United States Code.
    ``(5) If at any time the moneys available in the Waste Fund are 
insufficient to enable the Secretary to discharge the Secretary's 
responsibilities under this title, the Secretary shall issue to the 
Secretary of the Treasury obligations in such forms and denominations, 
bearing such maturities, 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 obligations shall not exceed amounts provided in 
appropriation Acts. Redemption of such obligations shall be made by the 
Secretary from moneys available in the Waste Fund. Such obligations 
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 outstanding 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 Treasury is authorized to use 
as a public debt transaction the proceeds from the sale of any 
securities issued under chapter 31 of title 31, United States Code, and 
the purposes for which securities may be issued under such Act are 
extended to include any purchase of such obligations. The Secretary of 
the Treasury may at any time sell any of the obligations 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 subsection (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 appropriations 
available to the Waste Fund, less the average 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 consideration 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 deferred shall themselves bear interest.

``SEC. 404. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

    ``(a) Establishment.--There is established within the Department 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. The Director's 
compensation shall be determined in accordance with section 701.
    ``(b) Functions of Director.--The Director of the Office shall be 
responsible for carrying out the functions of the Secretary under this 
Act, subject to the general supervision of the Secretary. The Director 
of the Office shall be directly responsible to the Secretary.

``SEC. 405. DEFENSE CONTRIBUTION.

    ``(a) Allocation.--No later than 1 year from the date of enactment 
of this Act, acting pursuant to section 553 of title 5, United States 
Code, the Secretary shall issue a final rule establishing the 
appropriate portion of the costs of managing high-level radioactive 
waste and spent nuclear fuel under this Act allocable to the interim 
storage or permanent disposal of high-level radioactive waste and spent 
nuclear fuel from atomic energy defense activities. The share of costs 
allocable to the management of high-level radioactive waste and spent 
nuclear fuel from atomic energy defense activities shall include--
            ``(1) an appropriate portion of the costs associated with 
        research and development activities with respect to development 
        of an interim storage facility and repository; and
            ``(2) interest on the principal amounts due calculated by 
        reference to the appropriate T-bill rate as if the payments 
        were made at a point in time consistent with the payment dates 
        for spent nuclear fuel and high-level radioactive waste under 
        the contracts.
    ``(b) Appropriation Request.--In addition to any request for an 
appropriation from the waste fund under section 401, the Secretary 
shall request annual appropriations from general revenues in amounts 
sufficient to pay the costs of the management of high-level radioactive 
waste and spent nuclear fuel from atomic energy defense activities as 
established under subsection (a).
    ``(c) Report.--In conjunction with the annual report submitted to 
Congress under section 702, the Secretary shall advise the Congress 
annually of the amount of high-level radioactive waste and spent 
nuclear fuel from atomic energy defense activities requiring management 
in the integrated spent nuclear fuel management system.
    ``(d) Authorization.--There is authorized to be appropriated to the 
Secretary, from general revenues, for carrying out the purposes of this 
Act, such sums as may be necessary to pay the costs of the management 
of high-level radioactive waste and spent nuclear fuel from atomic 
energy defense activities as established under subsection (a).

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``SEC. 501. COMPLIANCE WITH OTHER LAWS.

    ``(a) In General.--The Secretary shall be subject to and comply 
with all Federal, State, and local environmental or land use laws, 
requirements, or orders of general applicability not preempted by 
applicable Federal law, including those requiring permits or reporting, 
or those setting standards, criteria, or limitation.
    ``(b) Application of Federal Law.--In the event that the 
requirements of any Federal law are inconsistent with or duplicative of 
the requirements of the Atomic Energy Act and this Act, the Secretary 
shall comply only with the requirements of the Atomic Energy Act and 
this Act in implementing the integrated spent nuclear fuel management 
system.
    ``(c) Exemption.--(1) Notwithstanding subsection (a), the President 
shall exempt the Secretary from any Federal, State, or local 
requirement (including any law, regulation, or order requiring any 
license, permit, certification, authorization, or approval, or setting 
any standard, criterion, or limitation) if the President determines, in 
the President's discretion, that--
            ``(A) issuance of the required licensed, permit, 
        certification, authorization, or approval is being unreasonably 
        delayed or denied;
            ``(B) the requirement is not based on credible scientific 
        data, is not generally applicable, or was not adopted by formal 
        means; or
            (C) the cost of complying with the law, requirement, or 
        order unreasonably exceeds the benefit to the public health and 
        safety or the environment.
    ``(2) In the event the President makes a determination under 
paragraph (1) with respect to any State requirement (including any 
requirement of any agency or subdivision of the State) and further 
determines, in the President's discretion, that such requirement was 
imposed for the purpose of delaying or obstructing construction or 
operation of the interim storage facility, transportation facilities, 
the repository, or associated facilities under this Act, the President 
may exempt the Secretary from all State requirements under this 
subsection or such portion thereof as the President determines 
necessary.
    ``(3) The President's exercise of the President's exemption 
authority under this subsection shall not be subject to judicial review 
on any grounds.

``SEC. 502. JUDICIAL REVIEW OF AGENCY ACTIONS.

    ``(a) Jurisdiction of United States Courts of Appeals.--
            ``(1) Except for review in the Supreme Court of the United 
        States, and except as otherwise provided in this Act, the 
        United States courts of appeals shall have original and 
        exclusive jurisdiction over any civil action--
                    ``(A) for review of any final decision or action of 
                the Secretary, the President, or the Commission under 
                this Act;
                    ``(B) alleging the failure of the Secretary, the 
                President, or the Commission to make any decision, or 
                take any action, required under this Act;
                    ``(C) challenging the constitutionality of any 
                decision made, or action taken, under any provision of 
                this Act; or
                    ``(D) for review of any environmental impact 
                statement prepared or environmental assessment pursuant 
                to the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) with respect to any action under 
                this Act or alleging a failure to prepare such 
                statement with respect to any such action.
            ``(2) The venue of any proceeding under this section shall 
        be in the judicial circuit in which the petitioner involved 
        resides or has its principal office, or in the United States 
        Court of Appeals for the District of Columbia.
    ``(b) Deadline for Commencing Action.--A civil action for judicial 
review described under subsection (a)(l) may be brought not later than 
the 180th day after the date of the decision or action or failure to 
act involved, as the case may be, except that if a party shows that he 
did not know of the decision or action complained of (or of the failure 
to act), and that a reasonable person acting under the circumstances 
would not have known, such party may bring a civil action not later 
than the 180th day after the date such party acquired actual or 
constructive knowledge or such decision, action, or failure to act.

``SEC. 503. TITLE TO MATERIAL.

    ``Upon the request of a contract holder and consistent with the 
contract holder's acceptance date under the acceptance schedule, if the 
Secretary cannot accept the contract holder's spent nuclear fuel or 
high-level radioactive waste in accordance with the acceptance 
schedule, the Secretary shall take title to or possession of such fuel 
or waste without removing such fuel or waste from the contract holder's 
designated storage site. Nothing in this section shall be construed to 
affect in any way the Secretary's obligation under this Act to commence 
acceptance of spent nuclear fuel and high-level radioactive waste no 
later than January 31, 1998.

``SEC. 504. LICENSING OF FACILITY EXPANSIONS AND TRANSSHIPMENTS.

    ``(a) Oral Argument.--In any Commission hearing under section 189 
of the Atomic Energy Act of 1954 (42 U.S.C. 2239) on an application for 
a license, or for an amendment to an existing license, filed after 
January 7, 1983, to expand the spent nuclear fuel storage capacity at 
the site of a civilian nuclear power reactor, through the use of high-
density fuel storage racks, fuel rod compaction, the transshipment of 
spent nuclear fuel to another civilian nuclear power reactor within the 
same utility system, the construction of additional spent nuclear fuel 
pool capacity or dry storage capacity, or by other means, the 
Commission shall, at the request of any party, provide an opportunity 
for oral argument with respect to any matter which the Commission 
determines to be in controversy among the parties. The oral argument 
shall be preceded by such discovery procedures as the rules of the 
Commission shall provide. The Commission shall require each party, 
including the Commission staff, to submit in written form, at the time 
of the oral argument, a summary of the facts, data, and arguments upon 
which such party proposes to rely that are known at such time to such 
party. Only facts and data in the form of sworn testimony or written 
submission may be relied upon by the parties during oral argument. Of 
the materials that may be submitted by the parties during oral 
argument, the Commission shall only consider those facts and data that 
are submitted in the form of sworn testimony or written submission.
    ``(b) Adjudicatory Hearing.--(1) At the conclusion of any oral 
argument under subsection (a), the Commission shall designate any 
disputed question of fact, together with any remaining questions of 
law, for resolution in an adjudicatory hearing only if it determines 
that--
            ``(A) there is a genuine and substantial dispute of fact 
        which can only be resolved with sufficient accuracy by the 
        introduction of evidence in an adjudicatory hearing; and
            ``(B) the decision of the Commission is likely to depend in 
        whole or in part on the resolution of such dispute.
    ``(2) In making a determination under this subsection, the 
Commission--
            ``(A) shall designate in writing the specific facts that 
        are in genuine and substantial dispute, the reason why the 
        decision of the agency is likely to depend on the resolution of 
        such facts, and the reason why an adjudicatory hearing is 
        likely to resolve the dispute; and
            ``(B) shall not consider--
                    ``(i) any issue relating to the design, 
                construction, or operation of any civilian nuclear 
                power reactor already licensed to operate at such site, 
                or any civilian nuclear power reactor to which a 
                construction permit has been granted at such site, 
                unless the Commission determines that any such issue 
                substantially affects the design, construction, or 
                operation of the facility or activity for which such 
                license application, authorization, or amendment is 
                being considered; or
                    ``(ii) any siting or design issue fully considered 
                and decided by the Commission in connection with the 
                issuance of a construction permit or operating license 
                for a civilian nuclear power reactor at such site, 
                unless--
                            ``(I) such issue results from any revision 
                        of siting or design criteria by the Commission 
                        following such decision; and
                            ``(II) the Commission determines that such 
                        issue substantially affects the design, 
                        construction, or operation of the facility or 
                        activity for which such license application, 
                        authorization, or amendment is being 
                        considered.
    ``(3) The provisions of paragraph (2)(B) shall apply only with 
respect to licenses, authorizations, or amendments to licenses or 
authorizations, applied for under the Atomic Energy Act of 1954 (42 
U.S.C. 2011 et seq.) before December 31, 2005.
    ``(4) The provisions of this section shall not apply to the first 
application for a license or license amendment received by the 
Commission to expand onsite spent fuel storage capacity by the use of a 
new technology not previously approved for use at any nuclear power 
plant by the Commission.
    ``(c) Judicial Review.--No court shall hold unlawful or set aside a 
decision of the Commission in any proceeding described in subsection 
(a) because of a failure by the Commission to use a particular 
procedure pursuant to this section unless--
            ``(1) an objection to the procedure used was presented to 
        the Commission in a timely fashion or there are extraordinary 
        circumstances that excuse the failure to present a timely 
        objection; and
            ``(2) the court finds that such failure has precluded a 
        fair consideration and informed resolution of a significant 
        issue of the proceeding taken as a whole.

``SEC. 505. SITING A SECOND REPOSITORY.

    ``(a) Congressional Action Required.--The Secretary may not conduct 
site-specific activities with respect to a second repository unless 
Congress has specifically authorized and appropriated funds for such 
activities.
    ``(b) Report.--The Secretary shall report to the President and to 
Congress on or after January 1, 2007, but not later than January 1, 
2010, on the need for a second repository.

``SEC. 506. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE WASTE SITE 
              CLOSURE.

    ``(a) Financial Arrangements.--(1) The Commission shall establish 
by rule, regulation, or order, after public notice, and in accordance 
with section 181 of the Atomic Energy Act of 1954 (42 U.S.C. 2231), 
such standards and instructions as the Commission may deem necessary or 
desirable to ensure in the case of each license for the disposal of 
low-level radioactive waste that an adequate bond, surety, or other 
financial arrangement (as determined by the Commission) will be 
provided by a licensee to permit completion of all requirements 
established by the Commission for the decontamination, decommissioning, 
site closure, and reclamation of sites, structures, and equipment used 
in conjunction with such low-level radioactive waste. Such financial 
arrangements shall be provided and approved by the Commission, or, in 
the case of sites within the boundaries of any agreement State under 
section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021), by the 
appropriate State or State entity, prior to issuance of licenses for 
low-level radioactive waste disposal or, in the case of licenses in 
effect on January 7, 1983, prior to termination of such licenses.
    ``(2) If the Commission determines that any long-term maintenance 
or monitoring, or both, will be necessary at a site described in 
paragraph (1), the Commission shall ensure before termination of the 
license involved that the licensee has made available such bonding, 
surety, or other financial arrangements as may be necessary to ensure 
that any necessary long-term maintenance or monitoring needed for such 
site will be carried out by the person having title and custody for 
such site following license termination.
    ``(b) Title and Custody.--
            ``(1) The Secretary shall have authority to assume title 
        and custody of low-level radioactive waste and the land on 
        which such waste is disposed of, upon request of the owner of 
        such waste and land and following termination of the license 
        issued by the Commission for such disposal, if the Commission 
        determines that--
                    ``(A) the requirements of the Commission for site 
                closure, decommissioning, and decontamination have been 
                met by the licensee involved and that such licensee is 
                in compliance with the provisions of subsection (a);
                    ``(B) such title and custody will be transferred to 
                the Secretary without cost to the Federal Government; 
                and
                    ``(C) Federal ownership and management of such site 
                is necessary or desirable in order to protect the 
                public health and safety, and the environment.
            ``(2) If the Secretary assumes title and custody of any 
        such waste and land under this subsection, the Secretary shall 
        maintain such waste and land in a manner that will protect the 
        public health and safety, and the environment.
    ``(c) Special Sites.--If the low-level radioactive waste involved 
is the result of a licensed activity to recover zirconium, hafnium, and 
rare earths from source material, the Secretary, upon request of the 
owner of the site involved, shall assume title and custody of such 
waste and the land on which it is disposed when such site has been 
decontaminated and stabilized in accordance with the requirements 
established by the Commission and when such owner has made adequate 
financial arrangements approved by the Commission for the long-term 
maintenance and monitoring of such site.

``SEC. 507. NUCLEAR REGULATORY COMMISSION TRAINING AUTHORIZATION.

    ``The Commission is authorized and directed to promulgate 
regulations, or other appropriate regulatory guidance, for the training 
and qualifications of civilian nuclear powerplant operators, 
supervisors, technicians, and other appropriate operating personnel. 
Such regulations or guidance shall establish simulator training 
requirements for applicants for civilian nuclear powerplant operator 
licenses and for operator requalification programs; requirements 
governing Commission administration of requalification examinations; 
requirements for operating tests at civilian nuclear powerplant 
simulators, and instructional requirements for civilian nuclear 
powerplant licensee personnel training programs.

            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

``SEC. 601. DEFINITIONS.

    ``For purposes of this title--
            ``(a) The term `Chairman' means the Chairman of the Nuclear 
        Waste Technical Review Board.
    ``(b) The term `Board' means the Nuclear Waste Technical Review 
Board established under section 602.

``SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW BOARD.

    ``(a) Establishment.--There is established a Nuclear Waste 
Technical Review Board that shall be an independent establishment 
within the executive branch.
    ``(b) Members.--
            ``(1) The Board shall consist of 11 members who shall be 
        appointed by the President not later than 90 days after 
        December 22, 1987, from among persons nominated by the National 
        Academy of Sciences in accordance with paragraph (3).
            ``(2) The President shall designate a member of the Board 
        to serve as Chairman.
            ``(3)(A) The National Academy of Sciences shall, not later 
        than 90 days after December 22, 1987, nominate not less than 22 
        persons for appointment to the Board from among persons who 
        meet the qualifications described in subparagraph (C).
            ``(B) The National Academy of Sciences shall nominate not 
        less than 2 persons to fill any vacancy on the Board from among 
        persons who meet the qualifications described in subparagraph 
        (C).
            ``(C)(i) Each person nominated for appointment to the Board 
        shall be--
                    ``(I) eminent in a field of science or engineering, 
                including environmental sciences; and
                    ``(II) selected solely on the basis of established 
                records of distinguished service.
            ``(ii) The membership of the Board shall be representatives 
        of the broad range of scientific and engineering disciplines 
        related to activities under this title.
            ``(iii) No person shall be nominated for appointment to the 
        Board who is an employee of--
                    ``(I) the Department of Energy;
                    ``(II) a national laboratory under contract with 
                the Department of Energy; or
                    ``(III) an entity performing high-level radioactive 
                waste or spent nuclear fuel activities under contract 
                with the Department of Energy.
            ``(4) Any vacancy on the Board shall be filled by the 
        nomination and appointment process described in paragraphs (1) 
        and (3).
            ``(5) Members of the Board shall be appointed for terms of 
        4 years, each such term to commence 120 days after December 22, 
        1987, except that of the 11 members first appointed to the 
        Board, 5 shall serve for 2 years and 6 shall serve for 4 years, 
        to be designated by the President at the time of appointment.

``SEC. 603. FUNCTIONS.

    ``The Board shall evaluate the technical and scientific validity of 
activities undertaken by the Secretary after December 22, 1987, 
including--
            ``(1) site characterization activities; and
            ``(2) activities relating to the packaging or 
        transportation of high-level radioactive waste or spent nuclear 
        fuel.

``SEC. 604. INVESTIGATORY POWERS.

    ``(a) Hearings.--Upon request of the Chairman or a majority of the 
members of the Board, the Board may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence, 
as the Board considers appropriate. Any member of the Board may 
administer oaths or affirmations to witnesses appearing before the 
Board.
    ``(b) Production of Documents.--(1) Upon the request of the 
Chairman or a majority of the members of the Board, and subject to 
existing law, the Secretary (or any contractor of the Secretary) shall 
provide the Board with such records, files, papers, data, or 
information as may be necessary to respond to any inquiry of the Board 
under this title.
    ``(2) Subject to existing law, information obtainable under 
paragraph (1) shall not be limited to final work products of the 
Secretary, but shall include drafts of such products and documentation 
of work in progress.

``SEC. 605. COMPENSATION OF MEMBERS.

    ``(a) In General.--Each member of the Board shall be paid at the 
rate of pay payable for level III of the Executive Schedule for each 
day (including travel time) such member is engaged in the work of the 
Board.
    ``(b) Travel Expenses.--Each member of the Board may receive travel 
expenses, including per diem in lieu of subsistence, in the same manner 
as is permitted under sections 5702 and 5703 of title 5, United States 
Code.

``SEC. 606. STAFF.

    ``(a) Clerical Staff.--
            ``(1) Subject to paragraph (2), the Chairman may appoint 
        and fix the compensation of such clerical staff as may be 
        necessary to discharge the responsibilities of the Board.
            ``(2) Clerical staff shall be appointed subject to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, and shall be paid in 
        accordance with the provisions of chapter 51 and subchapter III 
        of chapter 3 of such title relating to classification and 
        General Schedule pay rates.
    ``(b) Professional Staff.--
            ``(1) Subject to paragraphs (2) and (3), the Chairman may 
        appoint and fix the compensation of such professional staff as 
        may be necessary to discharge the responsibilities of the 
        Board.
            ``(2) Not more than 10 professional staff members may be 
        appointed under this subsection.
            ``(3) Professional staff members may be appointed without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and may be 
        paid without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates, except that no 
        individual so appointed may receive pay in excess of the annual 
        rate of basic pay payable for GS-18 of the General Schedule.

``SEC. 607. SUPPORT SERVICES.

    ``(a) General Services.--To the extent permitted by law and 
requested by the Chairman, the Administrator of General Services shall 
provide the Board with necessary administrative services, facilities, 
and support on a reimbursable basis.
    ``(b) Accounting, Research, and Technology Assessment Services.--
The Comptroller General, the Librarian of Congress, and the Director of 
the Office of Technology Assessment shall, to the extent permitted by 
law and subject to the availability of funds, provide the Board with 
such facilities, support, funds and services, including staff, as may 
be necessary for the effective performance of the functions of the 
Board.
    ``(c) Additional Support.--Upon the request of the Chairman, the 
Board may secure directly from the head of any department or agency of 
the United States information necessary to enable it to carry out this 
title.
    ``(d) Mails.--The Board may use the United States mails in the same 
manner and under the same conditions as other departments and agencies 
of the United States.
    ``(e) Experts and Consultants.--Subject to such rules as may be 
prescribed by the Board, the Chairman may procure temporary and 
intermittent services under section 3109(b) of title 5 of the United 
States Code, but at rates for individuals not to exceed the daily 
equivalent of the maximum annual rate of basic pay payable for GS-18 of 
the General Schedule.

``SEC. 608. REPORT.

    ``The Board shall report not less than 2 times per year to Congress 
and the Secretary its findings, conclusions, and recommendations. The 
first such report shall be submitted not later than 12 months after 
December 22, 1987.

``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

    ``Notwithstanding subsection (d) of section 503, and subject to 
subsection (e) of such section, there are authorized to be appropriated 
for expenditures from amounts in the Waste Fund established in 
subsection (c) of such section such sums as may be necessary to carry 
out the provisions of this title.

``SEC. 610. TERMINATION OF THE BOARD.

    ``The Board shall cease to exist not later than 1 year after the 
date on which the Secretary begins disposal of high-level radioactive 
waste or spent nuclear fuel in the repository.

                     ``TITLE VII--MANAGEMENT REFORM

``SEC. 701. MANAGEMENT REFORM INITIATIVES.

    ``(a) In General.--The Secretary is directed to take actions as 
necessary to improve the management of the civilian radioactive waste 
management program to ensure that the program is operated, to the 
maximum extent practicable, in like manner as a private business. 
Notwithstanding any other provision of law, the civilian radioactive 
waste management program is not subject to laws or regulations 
concerning the civil service as described in this title.
    ``(b) Office of Civilian Radioactive Waste Management Employees.--
            ``(1) The Secretary shall, without regard to section 5301 
        of title 5, United States Code, fix the compensation of the 
        Director and the Deputy Director of Office of Civilian 
        Radioactive Waste Management. The Director shall, without 
        regard to section 5301 of title 5, United States Code, fix the 
        compensation for all other Federal employees assigned to the 
        Office of Civilian Radioactive Waste Management, define their 
        duties, and provide for a system of organization to fix 
        responsibility and promote efficiency. The Deputy Director may 
        be removed at the Director's discretion without regard to any 
        laws, rules, or regulations concerning personnel actions in the 
        Civil Service System or Senior Executive Service. Any other 
        Federal employee assigned to the Office of Civilian Radioactive 
        Waste Management may be removed at the discretion of the 
        Secretary or Director without regard to any laws, rules, or 
        regulations concerning personnel actions in the Civil Service 
        System or Senior Executive Service. The Secretary shall ensure 
        that Federal employees assigned to the Office of Civilian 
        Radioactive Waste Management are appointed, promoted, and 
        assigned on the basis of merit and fitness. Other personnel 
        actions shall be consistent with the principles of fairness and 
        due process specified in title 5 of the United States Code, but 
        without regard to those provisions of said title governing 
        appointments and other personnel actions in the competitive 
        service.
            ``(2) The provisions of paragraph (1) shall not apply to 
        Federal employees who may be, from time to time, temporarily 
        assigned to the Office of Civilian Radioactive Waste 
        Management. The use of temporary assignment of Federal 
        employees to the Office of Civilian Radioactive Waste 
        Management shall not be used in any manner to circumvent the 
        full application of the provisions in paragraph (1).
            ``(3) The Secretary shall transition the Federal employees 
        assigned to the Office of Civilian Radioactive Waste Management 
        to the provisions of this section in an orderly manner allowing 
        for the development of the needed procedures. Under no 
        circumstances shall this transition take longer than six months 
        from the date of enactment of this section.
            ``(4) Federal employees assigned to the Office of Civilian 
        Radioactive Waste Management and transitioned to the provisions 
        of this section shall retain employment benefits in effect 
        immediately prior to the transition date. Transitioned 
        employees will continue in the Civil Service System's 
        retirement system.
    ``(c) Audits.--
            ``(1) The Office of Civilian Radioactive Waste Management, 
        its contractors, and subcontractors at all tiers, shall 
        conduct, or have conducted, audits and examinations of their 
        operations in accordance with the usual and customary practices 
        of private corporations engaged in large nuclear construction 
        projects consistent with its role in the program.
            ``(2) The management practices and performances of the 
        Office of Civilian Radioactive Waste Management shall be 
        audited every five years by an independent management 
        consulting firm with significant experience in similar audits 
        of private corporations engaged in large nuclear construction 
        projects. The first such audit shall be conducted five years 
        after the enactment of this Act.
            ``(3) The Comptroller General of the United States shall 
        annually make an audit of the Office, in accordance with such 
        regulations as the Comptroller General may prescribe. The 
        Comptroller General 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 conducted under this 
        section.
            ``(4) No audit contemplated by this subsection shall take 
        longer than 30 days to conduct. An audit report shall be issued 
        in final form no longer than 60 days after the audit is 
        commenced.
            ``(5) All audit reports shall be public documents and 
        available to any individual upon request.
    ``(d) Milestone Reporting.--Within 30 days of each milestone listed 
below, the Secretary shall notify the Congress whether the milestone 
has been satisfied and, if not, the reasons for the Secretary's failure 
to meet its obligation:
            ``(1) Submittal to the Commission of applications for 
        certifications of multi-purpose canister systems no later than 
        April 1, 1996.
            ``(2) Commencement of deployment of multi-purpose canister 
        systems or other certified systems no later than 30 days prior 
        to January 31, 1998.
            ``(3) Compliance with the land withdrawal provisions of 
        this Act.
            ``(4) Submittal to the Commission of a license application 
        and supporting documentation for an interim storage facility no 
        later than 6 months from the date of enactment of this Act.
            ``(5) Commencement of operations at an interim storage 
        facility no later than January 31, 1998.
            ``(6) Commencement of acceptance of spent nuclear fuel from 
        contract holders in accordance with the Acceptance Schedule no 
        later than January 31, 1998.
    ``(e) Value Engineering.--The Secretary shall create a value 
engineering function within the Office of Civilian Radioactive Waste 
Management that reports directly to the Director, which shall carry out 
value engineering functions in accordance with the usual and customary 
practices of private corporations engaged in large nuclear construction 
projects.
    ``(f) Site Characterization.--The Secretary shall employ, on an on-
going basis, integrated performance modeling to identify appropriate 
parameters for the remaining site characterization effort and to 
eliminate studies of parametters that are shown not to affect long-term 
repository performance.

``SEC. 702. REPORTING.

    ``(a) Initial Report.--Within 180 days of enactment of this 
section, the Secretary shall report to Congress on its planned actions 
for implementing the provisions of this Act, including the development 
of the Integrated Waste Management System. Such report shall include, 
but not be limited to--
            ``(1) an analysis of the Secretary's progress in meeting 
        its statutory and contractual obligation to Accept title to, 
        possession of, and delivery of high-level waste and spent 
        nuclear fuel beginning no later than January 31, 1998, and in 
        accordance with the Acceptance Schedule;
            ``(2) a detailed schedule and timeline showing each action 
        that the Secretary intends to take to meet the Secretary's 
        obligations under this Act and the contracts;
            ``(3) a detailed description of the Secretary's contingency 
        plans in the event that the Secretary is unable to meet the 
        planned schedule and timeline; and
            ``(4) an analysis by the Secretary of its funding needs for 
        fiscal years 1996 through 2001.
    ``(b) Annual Reports.--On each anniversary of the submittal of the 
report required by subsection (a), the Secretary shall make annual 
reports to the Congress for the purpose of updating the information 
contained in such report. The annual reports shall be brief and shall 
notify the Congress of--
            ``(1) any modifications to the Secretary's schedule and 
        timeline for meeting its obligations under this Act;
            ``(2) the reasons for such modifications, and the status of 
        the implementation of any of the Secretary's contingency plans; 
        and
            ``(3) the Secretary's analysis of its funding needs for the 
        ensuing 5 fiscal years.''.

SEC. 2. TRANSITION PROVISIONS.

    (a) Continuation of Contracts.--Subsequent to the date of enactment 
of this Act, the contracts executed under section 302(a) of the Nuclear 
Waste Policy Act of 1982 shall continue in effect under this Act.
    (b) Continuation of Nuclear Waste Fund.--Subsequent to the date of 
enactment of this Act, the Nuclear Waste Fund established in the 
Treasury of the United States under section 302(c) of the Nuclear Waste 
Policy Act of 1982 shall continue in effect under this Act.
    (c) Continuation of Office of Civilian Radioactive Waste 
Management.--The Office of Civilian Radioactive Waste Management 
established under section 304(a) of the Nuclear Waste Policy Act of 
1982 as constituted prior to the date of enactment of this Act, shall 
continue in effect subsequent to the date of enactment of this Act.
    (d) Continuation of Nuclear Waste Technical Review Board.--The 
Nuclear Waste Technical Review Board, established under section 502(a) 
of the Nuclear Waste Policy Act of 1982 as constituted prior to the 
date of enactment of this Act, shall continue in effect subsequent to 
the date of enactment of this Act.

SEC. 3. AMENDMENTS TO BUDGET LAWS.

    (a) Treatment of Appropriations.--Amounts in the Nuclear Waste Fund 
shall be appropriated exclusively for the purposes authorized in 
section 503 of the Nuclear Waste Policy Act of 1982. Notwithstanding 
any other law, any such appropriations, and outlays flowing from such 
appropriations, shall not be taken into account for purposes of any 
budget enforcement procedures under the Balanced Budget and Emergency 
Deficit Control Act of 1985.
    (b) Amendments.--Section 251(b)(2) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended by inserting after 
subparagraph (G) the following new subparagraph:
                    ``(H) Nuclear waste funding.--Funds appropriated to 
                the Nuclear Waste Fund are not subject to the 
                discretionary spending limits or the Appropriations 
                Committee's Energy and Water Development Subcommittee's 
                section 602(b) allocation.''.
    (c) Conforming Reduction in Discretionary Spending Limits.--Upon 
enactment of this Act, the discretionary spending limits set forth in 
section 601(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 
665(a)(2)) as adjusted in conformance with section 251 of the Balanced 
Budget and Emergency Deficit Control Act of 1985 for fiscal years 1996 
through 2000 are reduced as follows:
            (1) For fiscal year 1996, for the discretionary category, 
        ________ in new budget authority and ________ in outlays.
            (2) For fiscal year 1997, for the discretionary category, 
        ________ in new budget authority and ________ in outlays.
            (3) For fiscal year 1998, for the discretionary category, 
        ________ in new budget authority and ________ in outlays.
            (4) For fiscal year 1999, the comparable amount for 
        budgetary purposes shall be deemed to be ________ in new budget 
        authority and ________ in outlays.
            (5) For fiscal year 2000, the comparable amount for 
        budgetary purposes shall be deemed to be ________ in new budget 
        authority and ________ in outlays.
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