[Senate Document 106-19]
[From the U.S. Government Publishing Office]





106th Congress, 2d Session - - - - - - - - - - - Senate Document 106-19
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                             VETO-S. 1287
                               (PM 101)

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                               returning

  WITHOUT MY APPROVAL S. 1287, NUCLEAR WASTE POLICY AMENDMENTS ACT OF 
                                  2000




                 April 26, 2000.--Ordered to be printed

                                -------                                

                    U.S. GOVERNMENT PRINTING OFFICE
79-011                     WASHINGTON : 2000       




To the Senate of the United States:
    I am returning herewith without my approval S. 1287, the 
``Nuclear Waste Policy Amendments Act of 2000.''
    The overriding goal of the Federal Government's high-level 
radioactive waste management policy is the establishment of a 
permanent, geologic repository. This policy not only addresses 
commercial spent nuclear fuel but also advances our non-
proliferation efforts by providing an option for disposal of 
surplus plutonium from nuclear weapons stockpiles and an 
alternative to reprocessing. It supports our national defense 
by allowing continuing operation of our nuclear navy, and it is 
essential for the cleanup of the Department of Energy's nuclear 
weapons complex.
    Since 1993, my Administration has been conducting a 
rigorous world-class scientific and technical program to 
evaluate the suitability of the Yucca Mountain, Nevada, site 
for use as a repository. The work being done at Yucca Mountain 
represents a significant scientific and technical undertaking, 
and public confidence in this first-of-a-kind effort is 
essential.
    Unfortunately, the bill passed by the Congress will do 
nothing to advance the scientific program at Yucca Mountain or 
promote public confidence in the decision of whether or not to 
recommend the site for a repository in 2001. Instead, this bill 
could be a step backward in both respects. The bill would limit 
the Environmental Protection Agency's (EPA) authority to issue 
radiation standards that protect human health and the 
environment and would prohibit the issuance of EPA's final 
standards until June 2001. EPA's current intent is to issue 
final radiation standards this summer so that they will be in 
place well in advance of the Department of Energy's 
recommendation in 2001 on the suitability of the Yucca Mountain 
site.
    There is no scientific reason to delay issuance of these 
final radiation standards beyond the last year of this 
Administration; in fact, waiting until next year to issue these 
standards could have the unintended effect of delaying a 
recommendation on whether or not to go forward with Yucca 
Mountain. The process for further review of the EPA standards 
laid out in the bill passed by the Congress would simply create 
duplicative and unnecessary layers of bureaucracy by requiring 
additional review by the Nuclear Regulatory Commission and the 
National Academy of Sciences, even though both have already 
provided detailed comments to the EPA. This burdensome process 
would add time, but would do nothing to advance the state of 
scientific knowledge about the Yucca Mountain site.
    Finally, the bill passed by the Congress does little to 
minimize the potential for continued claims against the Federal 
Government for damages as a result of the delay in accepting 
spent fuel from utilities. In particular, the bill does not 
include authority to take title to spent fuel at reactor sites, 
which my Administration believes would have offered a practical 
near-term solution to address the contractual obligation to 
utilities and minimize the potential for lengthy and costly 
proceedings against the Federal Government. Instead, the bill 
would impose substantial new requirements on the Department of 
Energy without establishing sufficient funding mechanisms to 
meet those obligations. In effect, these requirements would 
create new unfunded liabilities for the Department.
    My Administration remains committed to resolving the 
complex and important issue of nuclear waste disposal in a 
timely and sensible manner consistent with sound science and 
protection of public health, safety, and the environment. We 
have made considerable progress in the scientific evaluation of 
the Yucca Mountain site and the Department of Energy is close 
to completing the work needed for a decision. It is critical 
that we develop the capability to permanently dispose of spent 
nuclear fuel and high-level radioactive waste, and I believe we 
are on a path to do that. Unfortunately, the bill passed by the 
Congress does not advance these basic goals.

                                                William J. Clinton.
    The White House, April 25, 2000.

                                

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