[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 167 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 167

 To amend the Nuclear Waste Policy Act of 1982, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 5, 1995

 Mr. Johnston introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Nuclear Waste Policy Act of 1982, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That 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 ``Nuclear Waste 
Policy Act of 1995''.
    (b) Table of Contents.--

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
                     TITLE I--STORAGE AND DISPOSAL

Sec. 101. Interim storage.
Sec. 102. Permanent disposal.
Sec. 103. Land withdrawal.
              TITLE II--TRANSPORTATION AND STATE RELATIONS

Sec. 201. Multipurpose canisters.
Sec. 202. Railroad.
Sec. 203. Transportation requirements.
Sec. 204. State consultation and assistance.
Sec. 205. Preemption.
                  TITLE III--FUNDING AND ORGANIZATION

Sec. 301. Budget priorities.
Sec. 302. Nuclear Waste Fund.
Sec. 303. Budget treatment.
Sec. 304. Office of Civilian Radioactive Waste Management.
Sec. 305. Defense contribution.
             TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS

Sec. 401. NRC regulations.
Sec. 402. Judicial review of agency actions.
Sec. 403. Title to material.
Sec. 404. Licensing of facility expansions and transshipments.
Sec. 405. Siting a second repository.
Sec. 406. Financial arrangements for low-level radioactive waste site 
                            closure.
Sec. 407. Nuclear Regulatory Commission training authorization.
             TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD

Sec. 501. Definitions.
Sec. 502. Nuclear Waste Technical Review Board.
Sec. 503. Functions.
Sec. 504. Investigatory powers.
Sec. 505. Compensation of members.
Sec. 506. Staff.
Sec. 507. Support services.
Sec. 508. Report.
Sec. 509. Authorization of appropriations.
Sec. 510. Termination of the Board.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) 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.
            (2) 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.
            (3) The term ``civilian nuclear power reactor'' means a 
        civilian nuclear powerplant required to be licensed under 
        section 103 or 104b. of the Atomic Energy Act of 1954 (42 
        U.S.C. 2133, 2134(b)).
            (4) The term ``Commission'' means the Nuclear Regulatory 
        Commission.
            (5) The term ``Department'' means the Department of Energy.
            (6) 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 waste.
            (7) The term ``engineered barriers'' means manmade 
        components of a disposal system designed to prevent the release 
        of radionuclides into the geologic medium involved. Such term 
        includes the high-level radioactive waste form, high-level 
        radioactive waste canisters, and other materials placed over 
        and around such canisters.
            (8) 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.
            (9) The term ``federal agency'' means any Executive agency, 
        as defined in section 105 of title 5, United States Code.
            (10) 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)).
            (11) The term ``interim storage facility'' means a complex 
        designed and constructed under section 101 for the receipt, 
        handling, possession, safeguarding, and storage of spent 
        nuclear fuel prior to transfer to a repository for the 
        permanent disposal of such spent nuclear fuel.
            (12) 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 11e.(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.
            (13) The term ``Office'' means the Office of Civilian 
        Radioactive Waste Management established in section 304.
            (4) The term ``package'' means the primary container that 
        holds, and is in contact with, solidified high-level 
        radioactive waste, spent nuclear fuel, or other radioactive 
        materials, and any overpacks, that are used for the 
        transportation, storage, or disposal of such waste, spent fuel, 
        or other materials.
            (15) The term ``Program Approach'' means the Secretary's 
        plan for site characterization activities described in the 
        Yucca Mountain Technical Implementation Plan for Fiscal Year 
        1995.
            (16) The term ``repository'' means a complex designed and 
        constructed under section 102 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 handling 
        activities are conducted.
            (17) The term ``Secretary'' means the Secretary of Energy.
            (18) 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 shafts, limited subsurface lateral excavations 
        and borings, and in situ testing needed to evaluate the 
        suitability 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.
            (19) 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.
            (20) 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.
            (21) The term ``Waste Fund'' means the Nuclear Waste Fund 
        established in section 302(c).
            (22) The term ``Yucca Mountain site'' means the area in the 
        State of Nevada described in section 103(b).

                     TITLE I--STORAGE AND DISPOSAL

SEC. 101. INTERIM STORAGE.

    (a) Authorization.--The Secretary shall construct and operate a 
facility for the interim storage of high-level radioactive waste and 
spent nuclear fuel at the Yucca Mountain site.
    (b) NRC Licensing.--The Secretary shall apply to the Commission for 
a license to store high-level radioactive waste and spent nuclear fuel 
in the interim storage facility. The Commission shall amend its 
regulations for licensing independent spent fuel storage installations 
as appropriate to carry out the purposes of this section. The 
Commission shall act expeditiously on the Secretary's application and 
shall license the facility in accordance with the provisions of this 
Act and the Commission's regulations for licensing independent spent 
fuel storage installations as amended.
    (c) Duration of the License.--The Commission shall license storage 
of high-level radioactive waste and spent nuclear fuel at the facility 
for an initial term of 100 years from the date of issuance of the 
license and may, upon application by the Secretary, renew the license 
for additional terms.
    (d) Capacity.--The interim storage facility shall provide 
sufficient capacity to store spent nuclear fuel from civilian nuclear 
power reactors until the Secretary is able to transfer the spent fuel 
to the repository, and shall be expandable if operation of the 
repository is delayed.
    (e) Environmental Impact Statement.--(1) Construction and operation 
of the interim storage 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.). The Secretary shall submit an environmental impact 
statement on the interim storage facility 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 need 
not consider the need for the interim storage facility or alternative 
sites or designs in the environmental impact statement.
    (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 
license for storage of spent nuclear fuel at the interim storage 
facility. To the extent such statement 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.
    (f) Expedited Actions.--The Secretary shall begin storing spent 
nuclear fuel at the interim storage facility at the earliest 
practicable date. 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 
shall be expedited, and any such application or request shall take 
precedence over any similar applications or requests not related to the 
interim storage facility.
    (g) Waste Confidence.--Licensing and operation of the interim 
storage facility in accordance with this section shall constitute 
reasonable assurance that high-level radioactive waste and spent 
nuclear fuel can and 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.)

SEC. 102. PERMANENT DISPOSAL.

    (a) Site Characterization.--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. The Commission shall review its existing regulations 
for the disposal of high-level radioactive waste in geologic 
repositories and shall amend them as may be necessary to reflect the 
Program Approach and this Act.
    (b) Environmental Impact Statement.--(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 need 
not consider the need for the repository or alternative sites or 
designs in the environmental impact statement.
    (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 (d), a license under 
subsection (e), or a license amendment under subsection (f). 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.
    (c) Site Suitability Determination.--(1) The Secretary shall 
determine, based upon the results of the site characterization 
activities, whether the Yucca Mountain site is suitable for development 
of a geologic repository and report her determination to the Congress.
    (2) If the Secretary determines that the Yucca Mountain site is 
unsuitable for development of a repository, the Secretary shall 
terminate site characterization activities at the site, notify Congress 
and the State of Nevada of her decision 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.
    (3) If the Secretary determines that the Yucca Mountain site is 
suitable for development of a repository, the Secretary shall apply to 
the Commission for authorization to construct the repository.
    (d) Construction Authorization.--The Commission shall initially 
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--
            (1) in conformity with the Secretary's application, the 
        provisions of this Act, and the regulations of the Commission;
            (2) without unreasonable risk to the health and safety of 
        the public; and
            (3) consistent with the common defense and security.
    (e) 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--
            (1) in conformity with the Secretary's application, the 
        provisions of this Act, and the regulations of the Commission;
            (2) without unreasonable risk to the health and safety of 
        the public; and
            (3) consistent with the common defense and security.
    (f) Closure.--After placing high-level radioactive waste and spent 
nuclear fuel in the repository, and after providing for the 
retrievability of such high-level radioactive waste and spent nuclear 
fuel during any period the Secretary determines to be appropriate, 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--
            (1) in conformity with the provisions of this Act and the 
        regulations of the Commission;
            (2) without unreasonable risk to the health and safety of 
        the public; and
            (3) consistent with the common defense and security.
    (g) Post-closure Oversight.--Following repository closure, the 
Secretary shall continue to oversee the Yucca Mountain site to prevent 
any activity at the site that poses an unreasonable risk of--
            (1) breaching the repository's engineered or geologic 
        barriers; or
            (2) increasing the exposure of individual members of the 
        public to radiation beyond allowable limits.
    (h) Licensing Standards.--For purposes of making any licensing 
determination under this section:
            (1) Release standards.--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) over a 10,000-year 
        period 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.
            (2) Overall system performance.--The Commission shall not 
        deny the issuance of a license on the basis of the Secretary's 
        failure to demonstrate satisfaction of any individual subsystem 
        performance standard so long as the Commission finds reasonable 
        assurance of satisfaction of the overall system performance 
        standard.
            (3) Groundwater protection.--Notwithstanding the provisions 
        of the Safe Drinking Water Act (42 U.S.C. 300f et seq.), a 
        Commission finding of reasonable assurance of satisfaction of 
        the system performance standard and the design objective shall 
        constitute a finding of adequate protection of groundwater. No 
        maximum contaminant level limits or other groundwater 
        protection measures shall apply.
            (4) Human intrusion.--The Commission shall assume that, 
        following repository closure, the inclusion of engineered 
        barriers and the Secretary's post-closure oversight of the 
        Yucca Mountain site, in accordance with subsection (g), 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.

SEC. 103. LAND WITHDRAWAL.

    (a) Withdrawal and Reservation.--(1) The Yucca Mountain site, as 
described in subsection (b), is 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 Yucca Mountain site managed 
by the Secretary of the Interior, the Secretary of Defense, or any 
other Federal officer is transferred to the Secretary of Energy.
    (3) The Yucca Mountain site is reserved for the use of the 
Secretary for the construction and operation 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 ``Yucca Mountain Site Withdrawal Map,'' dated           , and 
on file with the Secretary, are established as the boundaries of the 
Yucca Mountain site.
    (2) Within 30 days after 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 Yucca Mountain site; and
            (B) file copies of the map described in paragraph (1) 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.
    (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.

              TITLE II--TRANSPORTATION AND STATE RELATIONS

SEC. 201. MULTIPURPOSE CANISTERS.

    The Secretary shall design one or more multipurpose canister 
systems capable of holding spent nuclear fuel during interim storage, 
transportation, and disposal. The Secretary shall apply to the 
Commission to certify such systems for the storage and transportation 
of spent nuclear fuel. The Secretary is authorized to procure such 
systems in quantities necessary for the transportation, storage, and 
disposal of spent nuclear fuel as part of the integrated nuclear waste 
management system established under this Act. The Secretary is 
authorized to deploy such systems to holders of spent fuel disposal 
contracts under section 302.

SEC. 202. RAILROAD.

    (a) Authorization.--The Secretary shall acquire rights of way 
within the corridor designated in subsection (b) 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           .
    (2) Within 30 days after 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) 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 
activities associated under this title.
    (4) The lands depicted in the map that are within the Quail Springs 
Wilderness Study and the Nellis A, B, and C Wilderness Study Areas are 
released from further review and management under section 603 of the 
Federal Land Policy and Management Act (43 U.S.C. 1782). Such lands 
shall be managed in accordance with this Act, notwithstanding any 
contrary provisions of Federal, State, or local statutes, laws, 
regulations, ordinances, or orders.
    (d) Environmental Impact Statement.--(1) 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 (42 U.S.C. 431 et seq.) 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.
    (2) 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, alternative routes, or alternative means of 
transportation.
    (3) Acquisition of rights of way within the corridor 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 and shall not be delayed pending completion of the 
environmental impact statement required under paragraph (1).
    (e) Exemption.--Neither the Secretary nor any person constructing 
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 under 49 
U.S.C. 10901.

SEC. 203. 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 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 of 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. 204. 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 or repository 
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 and repository.
    (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 the suitability of 
the site for a repository, in developing and operating the interim 
storage facility, and in developing and loading the repository, 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 her duties 
under this title, the Secretary shall take such concerns into account 
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 
purposes 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 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 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 subtitle 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.
    (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 102(c), 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.

SEC. 205. PREEMPTION.

    (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, including those 
requiring permits or reporting, or those setting standards, criteria, 
or limitation.
    (b) 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 
his discretion, that--
            (A) issuance of the required license, 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 his discretion, that such requirement was imposed for 
the purpose of delaying or obstructing construction or operation of the 
interim storage facility, 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.

                  TITLE III--FUNDING AND ORGANIZATION

SEC. 301. BUDGET PRIORITIES.

    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 licensing, construction, and operation of the 
        interim storage facility under section 101 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 102 the lowest priority.

SEC. 302. NUCLEAR WASTE FUND.

    (a) Contracts.--(1) In the performance of his 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 section 402, 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 paragraph (2) and paragraph (3). The Secretary shall 
annually review the amount of the fees established by paragraphs (2) 
and (3) above to evaluate whether collection of the fee will provide 
sufficient revenues to offset the costs as defined in subsection (d) 
herein. 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. The adjusted fee proposed 
by the Secretary shall be effective after a period of 90 days of 
continuous session have elapsed following the receipt of such 
transmittal unless during such 90-day period either House of Congress 
adopts a resolution disapproving the Secretary's proposed adjustment in 
accordance with the procedures set forth for congressional review of an 
energy action under section 551 of the Energy Policy and Conservation 
Act.
    (5) Contracts entered into under this section shall provide that--
            (A) following commencement of operation of a repository, 
        the Secretary shall take title to the high-level radioactive 
        waste or spent nuclear fuel involved as expeditiously as 
        practicable upon the request of the generator or owner of such 
        waste or spent fuel; and
            (B) in return for the payment of fees established by this 
        section, the Secretary, beginning not later than January 31, 
        1998, will dispose of the high-level radioactive waste or spent 
        nuclear fuel involved as provided in title I.
    (6) The Secretary shall establish in writing criteria setting forth 
the terms and conditions under which such disposal services shall be 
made available.
    (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 or 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 disposed of by the 
Secretary in any repository constructed under this Act unless such 
department transfers to the Secretary, for deposit in the Nuclear Waste 
Fund, amounts equivalent to the fees that would be paid to the 
Secretary under the contracts referred to in this section if such waste 
or spent fuel were generated by any other person.
    (c) Establishment of Nuclear Waste Fund.--There hereby 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 (e), which shall be 
        deposited in the Waste Fund immediately upon their realization;
            (2) any appropriations made by the Congress to the Waste 
        Fund; and
            (3) any unexpended balances available on the date of the 
        enactment of this Act for functions or activities necessary or 
        incident to the disposal of civilian high-level radioactive 
        waste or civilian spent nuclear fuel, which shall automatically 
        be transferred to the Waste Fund on such date.
    (d) Use of Waste Fund.--The Secretary may make expenditures from 
the Waste Fund, subject to subsection (e), only for purposes of 
radioactive waste disposal activities under titles I and II, 
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 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, including the cost of designing and procuring 
        multi-purpose canisters under section 201 and the cost of 
        constructing and operating rail systems under section 202;
            (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; and
            (6) the provision of assistance to the State of Nevada, and 
        affected units of local government under section 204.
    (e) 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 his responsibilities 
under this subtitle, the Secretary shall issue to the Secretary of the 
Treasury obligations in such form 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 so deferred shall themselves bear interest.

SEC. 303. BUDGET TREATMENT.

    (a) Scorekeeping.--Notwithstanding any other provision of law, the 
receipts and disbursements of the Waste Fund for each fiscal year 
beginning after the date of the enactment of this Act shall be deemed 
to be equal to the amount of receipts and disbursements in fiscal year 
1995 for purposes of--
            (1) the budget of the United States Government as submitted 
        by the President;
            (2) the congressional budget for the United States 
        Government; and
            (3) the Balanced Budget and Emergency Deficit Control Act 
        of 1985.
    (b) Sequestration.--Any disbursement from the Waste Fund shall be 
exempt from reduction under any order issued under part C of the 
Balanced Budget and Emergency Deficit Control Act of 1985.
    (c) Appropriations.--Any disbursement from the Waste Fund shall be 
subject to appropriations but shall be included in the discretionary 
spending limits as set forth in section 601 of the Congressional Budget 
and Impoundment Control Act of 1974 in any fiscal year beginning after 
the date of the enactment of this Act only to the extent that funds 
were appropriated from the Waste Fund in fiscal year 1995.

SEC. 304. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

    (a) Establishment.--There hereby is established within the 
Department of Energy and Office of Civilian Radioactive Waste 
Management. The Office shall be headed by a Director, who shall be 
appointed by the President, by and with the advice and consent of the 
Senate, and who shall be compensated at the rate payable for level III 
of the Executive Schedule under section 5315 of title 5, United States 
Code.
    (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.
    (c) Annual Report to Congress.--The Director of the Office shall 
annually prepare and submit to the Congress a comprehensive report on 
the activities and expenditures of the Office.

SEC. 305. DEFENSE CONTRIBUTION.

    (a) Allocation.--The Secretary shall determine the appropriate 
portion of the cost of managing high-level radioactive waste and spent 
nuclear fuel under this Act allocable to the permanent disposal of 
high-level radioactive waste from atomic energy defense activities. In 
addition to any request for an appropriation from the Waste Fund under 
section 302, the Secretary shall request annual appropriations from 
general revenues in amounts sufficient to pay the full cost of the 
permanent disposal of high-level radioactive waste from atomic energy 
defense activities in the repository.
    (b) 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 full cost of the 
permanent disposal of high-level radioactive waste from atomic energy 
defense activities.

             TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS

SEC. 401. NRC REGULATIONS.

    Nothing in this Act shall be read to repeal or require the 
amendment or repromulgation of Commission regulations of the Commission 
in effect on the date of enactment of this Act except to the extent 
such regulations are inconsistent with the provisions of this Act.

SEC. 402. 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, 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)(1) 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. 403. TITLE TO MATERIAL.

    Delivery, and acceptance by the Secretary, or any high-level 
radioactive waste or spent nuclear fuel for the interim storage 
facility or repository shall constitute a transfer to the Secretary of 
title to such waste or spent fuel.

SEC. 404. 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 
powerplant 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 the 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. 405. 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. 406. 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 and 
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. 407. 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 V--NUCLEAR WASTE TECHNICAL REVIEW BOARD

SEC. 501. DEFINITIONS.

    (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 502.

SEC. 502. 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. 503. 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. 504. 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. 505. 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 subsidence in the same manner 
as is permitted under sections 5702 and 5703 of title 5, United States 
Code.

SEC. 506. 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. 507. 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. 508. 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. 509. AUTHORIZATION OF APPROPRIATIONS.

    Notwithstanding subsection (d) of section 302, 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. 510. 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.
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