[Congressional Record Volume 141, Number 197 (Tuesday, December 12, 1995)]
[House]
[Pages H14311-H14316]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 1020

                         Offered By: Mr. Ensign

       Amendment No. 13. Page 15, beginning in line 5, strike 
     ``originating in Lincoln County, Nevada'' insert 
     ``originating in Lincoln County, Nebraska, but staying 
     outside of Clark County, Nevada''.

                               H.R. 1020

                         Offered By: Mr. Ensign

       Amendment No. 14: Page 15, line 7, insert after the period 
     the following: ``The Secretary shall develop such corridor 
     only (1) with the approval of the Governor of each State in 
     which the corridor is located, or (2) after consultation with 
     each such Governor.''.

                               H.R. 1020

                         Offered By: Mr. Ensign

       Amendment No. 15: Page 21, insert after line 18 the 
     following:
       (i) State Fee.--The State of Nevada may impose a fee on the 
     transfer of high level radioactive waste and spent nuclear 
     fuel by rail transportation or intermodal transfer in the 
     State of Nevada. Such fee shall be imposed when the transfer 
     of such waste and fuel crosses the State boundary.

                               H.R. 1020

                         Offered By: Mr. Ensign

       Amendment No. 16: Page 32, line 22, insert before the comma 
     the following: ``or if the State of Nevada has communicated 
     to the Secretary its decision to not permit the construction 
     of the repository at the Yucca Mountain site''.

                               H.R. 1020

                         Offered By: Mr. Ensign

       Amendment No. 17: Page 66, insert after line 9 the 
     following:
       ``(g) Unfunded Mandates.--The provisions of the Unfunded 
     Mandates Reform Act of 1995 and all amendments made by that 
     Act shall apply to this Act and the Waste Fund shall be used 
     to pay all of the costs incurred by State and local 
     governments by reason of any Federal intergovernmental 
     mandate contained in this Act. For purposes of this section 
     the term `Federal intergovernmental mandate' has the same 
     meaning as when used in section 421 of title IV of the 
     Congressional Budget and Impoundment Control Act of 1974.''

                               H.R. 1020

                         Offered By: Mr. Ensign

       Amendment No. 18: Page 66, after line 9 insert the 
     following:
       ``(g) Private Property.--
       ``(1) Federal policy and direction.--
       ``(A) General policy.--It is the policy of the Federal 
     Government that no law or agency action with respect to the 
     transportation, interim storage, or disposal of high-level 
     radioactive waste should limit the use of privately-owned 
     property so as to diminish its value.
       ``(B) Application to federal agency action.--Each Federal 
     agency, officer, and employee should exercise Federal 
     authority to ensure that agency action with respect to the 
     transportation, interim storage, or disposal of high-level 
     radioactive waste will not limit the use of privately owned 
     property so as to diminish its value.
       ``(2) Right to compensation.--
       ``(A) In general.--The Federal Government shall compensate 
     an owner of property whose use of any portion of that 
     property has been limited by an agency action, under this Act 
     relating to the transportation, interim storage, or permanent 
     disposition of high-level radioactive waste, that diminishes 
     the fair market value of that portion by 20 percent or more. 
     The amount of the compensation shall equal the diminution in 
     value that resulted from the agency action. If the diminution 
     in value of a portion of that property is greater than 50 
     percent, at the option of the owner, the Federal Government 
     shall buy that portion of the property for its fair market 
     value.
       ``(B) Duration of limitation on use.--Property with respect 
     to which compensation has been paid under this subsection 
     shall not thereafter be used contrary to the limitation 
     imposed by the agency action, even if that action is later 
     rescinded or otherwise vitiated. However, if that action is 
     later rescinded or otherwise vitiated, and the owner elects 
     to refund the amount of the compensation, adjusted for 
     inflation, to the Treasury of the United States, the property 
     may be so used.
       ``(3) Effect of state law.--If a use is a nuisance as 
     defined by the law of a State or is already prohibited under 
     a local zoning ordinance, no compensation shall be made under 
     this subsection with respect to a limitation on that use.
       ``(4) Exceptions.--
       ``(A) Prevention of hazard to health or safety or damage to 
     specific property.--No compensation shall be made under this 
     subsection with respect to an agency action the primary 
     purpose of which is to prevent an identifiable--
       ``(i) hazard to public health or safety; or
       ``(ii) damage to specific property other than the property 
     whose use is limited.
       ``(5) Procedure.--
       ``(A) Request of owner.--An owner seeking compensation 
     under this subsection shall make a written request for 
     compensation to the Secretary of the Commission, as the case 
     may be, whose action resulted in the limitation. No such 
     request may be made later than 180 days after the owner 
     receives actual notice of that agency action.
       ``(B) Negotiations.--The Secretary of the Commission, as 
     the case may be, may bargain with that owner to establish the 
     amount of the compensation. If the agency and the owner 
     agree to such an amount, the agency shall promptly pay the 
     owner the amount agreed upon.
       ``(C) Choice of remedies.--If, not later than 180 days 
     after the written request is made, the parties do not come to 
     an agreement as to the right to and amount of compensation, 
     the owner may choose to take the matter to binding 
     arbitration or seek compensation in a civil action.
       ``(D) Arbitration.--The procedures that govern the 
     arbitration shall, as nearly as practicable, be those 
     established under title 9, United States Code, for 
     arbitration proceedings to which that title applies. An 

[[Page H14312]]
     award made in such arbitration shall include a reasonable attorney's 
     fee and other arbitration costs (including appraisal fees). 
     The agency shall promptly pay any award made to the owner.
       ``(E) Civil action--An owner who does not choose 
     arbitration, or who does not receive prompt payment when 
     required by this section, may obtain appropriate relief in a 
     civil action against the agency. An owner who prevails in a 
     civil action under this section shall be entitled to, and the 
     agency shall be liable for, a reasonable attorney's fee and 
     other litigation costs (including appraisal fees). The court 
     shall award interest on the amount of any compensation from 
     the time of the limitation.
       ``(F) Source of payments.--Any payment made under this 
     section to an owner, and any judgment obtained by an owner in 
     a civil action under this section shall, notwithstanding any 
     other provision of law, be made from the Nuclear Waste 
     Disposal Fund. If insufficent funds exist for the payment or 
     to satisfy the judgment, it shall be the duty of the head of 
     the agency to seek the appropriation of such funds for the 
     next fiscal year.
       ``(6) Limitation.--Notwithstanding any other provision of 
     law, any obligation of the United States to make any payment 
     under this subsection shall be subject to the availability of 
     appropriations.
       ``(7) Duty of notice to owners.--Whenever an agency takes 
     an agency action limiting the use of private property under 
     this Act, the agency shall give appropriate notice to the 
     owners of that property directly affected explaining their 
     rights under this subsection and the procedures for obtaining 
     any compensation that may be due to them under this 
     subsection.
       ``(8) Rules of construction.--
       ``(A) Effect on constitutional right to compensation.--
     Nothing in this subsection shall be construed to limit any 
     right to compensation that exists under the Constitution or 
     under other laws of the United States.
       ``(B) Effect of payment.--Payment of compensation under 
     this subsection (other than when the property is bought by 
     the Federal Government at the option of the owner) shall not 
     confer any rights on the Federal Government at the option of 
     the owner) shall not confer any rights on the Federal 
     Government other than the limitation on use resulting from 
     the agency action.
       ``(9) Definitions.--For the purposes of this subsection--
       ``(A) The term `property' means land and includes the right 
     to use or receive water.
       ``(B) A use of property is limited by an agency action if a 
     particular legal right to use that property no longer exists 
     because of the action.
       ``(C) The term `agency action' has the meaning given that 
     term in section 551 of title 5, United States Code, but also 
     includes the making of a grant to a public authority 
     conditioned upon an action by the recipient that would 
     constitute a limitation if done directly by the agency.
       ``(D) The term `agency' has the meaning given that term in 
     section 551 of title 5, United States Code.
       ``(E) The term `fair market value' means the most probable 
     price at which property would change hands, in a competitive 
     and open market under all conditions requisite to a fair 
     sale, between a willing buyer and a willing seller, neither 
     being under any compulsion to buy or sell and both having 
     reasonable knowledge of relevant facts, at the time the 
     agency action occurs.
       ``(F) The term `State' includes the District of Columbia, 
     Puerto Rico, and any other territory or possession of the 
     United States.
       ``(G) The term `law of the State' includes the law of a 
     political subdivision of a State.''.

                               H.R. 1020

                         Offered By: Mr. Ensign

       Amendment No. 19: Page 80, insert after line 25 the 
     following:

     SEC. 510. RISK ASSESSMENT AND COST-BENEFIT ANALYSIS.

       ``(a) Coverage.--This section does not apply to any of the 
     following:
       ``(1) A situation that the Secretary or the Commission, as 
     the case may be, determines to be an emergency. In such 
     circumstance, the Secretary or the Commission, as the case 
     may be, shall comply with the provisions of this subsection 
     within as reasonable a time as it is practical.
       ``(2) Activities necessary to maintain military readiness.
       ``(b) Unfunded Mandates.--Nothing in this section itself 
     shall, without Federal funding and further Federal agency 
     action, create my new obligation or burden on any State or 
     local government or otherwise impose any financial burden on 
     any State or local government in the absence of Federal 
     funding, except with respect to routine information requests.
       ``(c) Definitions.--For purposes of this section:
       ``(1) Costs.--The term `costs' includes the direct and 
     indirect costs to the United States Government, to State, 
     local, and tribal governments, and to the private sector, 
     wage earners, consumers, and the economy, of implementing and 
     complying with a rule or alternative strategy.
       ``(2) Benefit.--The term `benefit' means the reasonably 
     identifiable significant health, safety, environmental, 
     social and economic benefits that are expected to result 
     directly or indirectly for implementation of a rule or 
     alternative strategy.
       ``(3) Major rule.--The term `major rule' means any 
     regulation that is likely to result in an annual increase in 
     costs of $25,000,000 or more. Such term does not include any 
     regulation or other action taken by an agency to authorize or 
     approve any individual substance or product.
       ``(4) Emergency.--The term `emergency' means a situation 
     that is immediately impending and extraordinary in nature, 
     demanding attention due to an condition, circumstance, or 
     practice reaonsably expected to cause death, serious illness, 
     or severe injury to humans, or substantial endangerment to 
     private property or the environment if no action is taken.
       ``(d) Availability of Information Among Federal Agencies.--
     The Secretary and the Commission shall make existing 
     databases and information developed under this section 
     available to other Federal agencies, subject to applicable 
     confidentiality requirements, for the purpose of meeting the 
     requirements of this section. Within 15 months after the date 
     of enactment of this section, the President shall issue 
     guidelines for the Secretary of the Commission to comply with 
     this section.
       ``(e) Effective Date: Applicability; Savings Provisions.--
       ``(1) Effective Date.--Except as otherwise specifically 
     provided in this section, the provisions of this section 
     shall take effect 18 months after the date of enactment of 
     this section.
       ``(2) Applicability.--
       ``(A) In general.--Except as provided in subparagraph (C), 
     this title applies to all significant risk assessment 
     documents and significant risk characterization documents, as 
     defined in subparagraph (B).
       ``(B) Definitions.--
       ``(i) Significant risk assessment document, significant 
     risk characterization document.--As used in this section, the 
     terms `significant risk assessment document' and `significant 
     risk characterization document' include, at a minimum, risk 
     assessment documents or risk characterization documents 
     prepared by or on behalf of a covered Federal agency in the 
     implementation of a regulatory program designed to protect 
     human health, safety, or the environment, used as a basis for 
     one of the items referred to in clause (ii), and included by 
     the agency in that item or inserted by the agency in the 
     administrative record for that item.
       ``(ii) Included items.--The items referred to in clause (i) 
     are the following: Any proposed or final major rule, 
     including any analysis or certification promulgated as part 
     of any Federal regulatory program designed to protect human 
     health, safety, or the environmental clean-up plan for a 
     facility or Federal guidelines for the issuance of any such 
     plan. As used in this clause, the term `environmental clean-
     up' means a corrective action under the Solid Waste Disposal 
     Act, a removal or remedial action under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980, and any other environmental restoration and waste 
     management carried out by or on behalf of a covered Federal 
     agency with respect to any substance other than municipal 
     waste; any proposed or final permit condition placing a 
     restriction on facility siting or operation under Federal 
     laws administered by the Environmental Protection Agency or 
     the Department of the Interior. Nothing in this clause shall 
     apply to the requirements of section 404 of the Clean Water 
     Act; any report to Congress; any regulatory action to place a 
     substance on any official list of carcinogens or toxic or 
     hazardous substances or to place a new health effects value 
     on such list, including the Integrated Risk Information 
     System Database maintained by the Environmental Protection 
     Agency; any guidance, including protocols of general 
     applicability, establishing policy regarding risk 
     assessment or risk characterization.
       ``(iii) Also included.--The terms `significant risk 
     assessment document' and `significant risk characterization 
     document' shall also include the following: Any such risk 
     assessment and risk characterization documents provided by an 
     covered Federal agency to the public and which are likely to 
     result in an annual increase in costs of $25,000,000 or more; 
     environmental restoration and waste management carried out by 
     or on behalf of the Department of Defense with respect to any 
     substance other than municipal waste.
       ``(iv) Rule.--Within 15 months after the date of the 
     enactment of this section, the Secretary and the Commission 
     shall each promulgate a rule establishing those additional 
     categories, if any, of risk assessment and risk 
     characterization documents prepared by or on behalf of the 
     Secretary or the Commission, as the case may be, that the 
     Secretary or the Commission, as the case may be, will 
     consider significant risk assessment documents or significant 
     risk characterization documents for purposes of this section. 
     In establishing such categories, the Secretary and the 
     Commission shall consider each of the following: The benefits 
     of consistent compliance by documents of the Secretary and 
     the Commission in the categories; the administrative burdens 
     of including documents in the categories; the need to make 
     expeditious administrative decisions regarding documents in 
     the categories; the possible use of a risk assessment or risk 
     characterization in any compilation of risk hazards or health 
     or environmental effects prepared by the Secretary and the 
     Commission and commonly made available to, or used by, any 
     Federal, State, or local government agency; and such other 
     factors as may be appropriate. 
     
[[Page H14313]]

       ``(3) Exceptions.--This section does not apply to risk 
     assessment or risk characterization documents containing risk 
     assessments or risk characterizations performed with respect 
     to the following: A screening analysis, where appropriately 
     labeled as such, including a screening analysis for purposes 
     of product regulation or premanufacturing notices or any 
     health, safety, or environmental inspections. No analysis 
     shall be treated as a screening analysis if the results of 
     such analysis are used as the basis for imposing restrictions 
     on substances or activities.
       ``(4) Savings provisions.--The provisions of this section 
     shall be supplemental to any other provisions of law relating 
     to risk assessments and risk characterizations, except that 
     nothing in this section shall be construed to modify any 
     statutory standard or statutory requirement designed to 
     protect health, safety, or the environment. Nothing in this 
     section shall be interpreted to preclude the consideration of 
     any data or the calculation of any estimate to more fully 
     describe risk or provide examples of scientific uncertainty 
     or variability. Nothing in this section shall be construed to 
     require the disclosure of any trade secret or other 
     confidential information.
       ``(f) Principles for Risk Assessment.--
       ``(1) In general.--The Secretary and the Commission shall 
     apply the principles set forth in paragraph (2) in order to 
     assure that significant risk assessment documents and all of 
     their components distinguish scientific findings from other 
     considerations and are, to the extent feasible, 
     scientifically objective, unbiased, and inclusive of all 
     relevant data and rely, to the extent available and 
     practicable, on scientific findings. Discussions or 
     explanations required under this section need not be 
     repeated in each risk assessment document as long as there 
     is a reference to the relevant discussion or explanation 
     in another agency document which is available to the 
     public.
       ``(2) Principles.--The principles to be applied are as 
     follows:
       ``(A) When discussing human health risks, a significant 
     risk assessment document shall contain a discussion of both 
     relevant laboratory and relevant epidemiological data for 
     sufficient quality which finds, or fails to find, a 
     correlation between health risks and a potential toxin or 
     activity. Where conflicts among such data appear to exist, or 
     where animal data is used as a basis to assess human health, 
     the significant risk assessment document shall, to the extent 
     feasible and appropriate, include discussion of possible 
     reconciliation of conflicting information, and as relevant, 
     differences in study designs, comparative physiology, routes 
     of exposure, bioavailability, pharmacokinetics, and any other 
     relevant factor, including the sufficiency of basic data for 
     review. The discussion of possible reconciliation should 
     indicate whether there is a biological basis to assume a 
     resulting harm in humans. Animal data shall be reviewed with 
     regard to its relevancy to humans.
       ``(B) Where a significant risk assessment document involves 
     selection of any significant assumption, inference, or model, 
     the document shall, to the extent feasible: present a 
     representative list and explanation of plausible and 
     alternative assumptions, inferences, or models, explain that 
     basis for any choices, identify any policy or value 
     judgments; fully describe any model used in the risk 
     assessment and make explicit the assumptions incorporated in 
     the model; and indicate the extent to which any significant 
     model has been validated by, or conflicts with, empirical 
     data.
       ``(g) Principles for Risk Characterization and 
     Communications.--Each significant risk charactization 
     document shall meet each of the following requirements:
       ``(1) Estimates of risk.--The risk characterization shall 
     describe the populations or natural resources which are the 
     subject of the risk characterization. If a numerical estimate 
     of risk is provided, the agency shall, to the extent 
     feasible, provide--
       ``(A) the best estimate or estimates for the specific 
     populations or natural resources which are the subject of the 
     characterization (based on the information available to the 
     Federal agency); and
       ``(B) a statement of the reasonable range of scientific 
     uncertainties.

     In addition to such best estimate or estimates, the risk 
     characterization document may present plausible upper-bound 
     or conservative estimates in conjunction with plausible lower 
     bounds estimates. Where appropriate, the risk 
     characterization document may present, in lieu of a single 
     best estimate, multiple best estimates based on assumptions, 
     inferences, or models which are equally plausible, given 
     current scientific understanding. To the extent practical and 
     appropriate, the document shall provide descriptions of the 
     distribution and probability of risk estimates to reflect 
     differences in exposure variability or sensitivity in 
     populations and attendant uncertainties. Sensitive 
     subpopulations or highly exposed subpopulations include, 
     where relevant and appropriate, children, the elderly, 
     pregnant women, and disabled persons.
       ``(2) Exposure scenarios.--The risk characterization 
     document shall explain the exposure scenarios used in any 
     risk assessment, and, to the extent feasible, provide a 
     statement of the size of the corresponding population at risk 
     and the likelihood of such exposure scenarios.
       ``(3) Comparisons.--The document shall contain a statement 
     that places the nature and magnitude of risks to human 
     health, safety, or the environment in context. Such statement 
     shall, to the extent feasible, provide comparisons with 
     estimates of greater, lesser, and substantially equivalent 
     risks that are familiar to and routinely encountered by the 
     general public as well as other risks, and, where appropriate 
     and meaningful, comparisons of those risks with other similar 
     risks regulated by the Federal agency resulting from 
     comparable activities and exposure pathways. Such comparisons 
     should consider relevant distinctions among risks, such as 
     the voluntary or involuntary nature of risks and the 
     preventability or nonpreventability of risks.
       ``(4) Substitution risks.--Each significant risk assessment 
     or risk characterization document shall include a statement 
     of any significant substitution risks to human health, where 
     information on such risks has been provided to the agency.
       ``(5) Summaries of other risk estimates.--If--
       ``(A) a commenter provides the Secretary and the Commission 
     with a relevant risk assessment document or a risk 
     characterization document, and a summary thereof, during a 
     public comment provided by the Secretary and the Commission 
     for a significant risk assessment document or a significant 
     risk characterization document, or, where no comment period 
     is provided but a commenter provides the Secretary and the 
     Commission with the relevant risk assessment document or risk 
     characterization document, and a summary thereof, in a timely 
     fashion, and
       ``(B) the risk assessment document or risk characterization 
     document is consistent with the principles and the guidance 
     provided under this section, the Secretary or the Commission, 
     as the case may be, shall, to the extent feasible, present 
     such summary in connection with the presentation of the 
     significant risk assessment document or significant risk 
     characterization document. Nothing in this paragraph shall be 
     construed to limit the inclusion of any comments or material 
     supplied by any person to the administrative record of any 
     proceeding.

     A document may satisfy the requirements of paragraph (3), 
     (4), or (5) by reference to information or material otherwise 
     available to the public if the document provides a brief 
     summary of such information or material.
       ``(h) Recommendations or Classifications by a Non-United 
     States-Based Entity.--Neither the Secretary or the Commission 
     shall automatically incorporate or adopt any recommendation 
     or classification made by a non-United States-based entity 
     concerning the health effects value of a substance without an 
     opportunity for notice and comment, and any risk assessment 
     document or risk characterization document adopted by a 
     covered Federal agency on the basis of such a recommendation 
     or classification shall comply with the provisions of this 
     section. For the purposes of this section, the term `non-
     United States--based entity' means--
       ``(1) any foreign government and its agencies;
       ``(2) the United Nations or any of its subsidiary 
     organizations;
       ``(3) any other international governmental body or 
     international standards-making organization; or
       ``(4) any other organization or private entity without a 
     place of business located in the United States or its 
     territories.
       ``(i) Guidelines and report.--
       ``(1) Guidelines.--Within 15 months after the date of 
     enactment of this section, the President shall issue 
     guidelines for the Secretary and the Commission consistent 
     with the risk assessment and characterization principles set 
     forth in this section and shall provide a format for 
     summarizing risk assessment results. In addition, such 
     guidelines shall include guidance on at least the following 
     subjects: Criteria for scaling animal studies to assess risks 
     to human health; use of different types of dose-response 
     models; thresholds; definitions, use, and interpretations of 
     the maximum tolerated dose; weighting of evidence with 
     respect to extrapolating human health risks from sensitive 
     species; evaluation of benign tumors, and evaluation of 
     different human health endpoints.
       ``(2) Report.--Within 3 years after the date of the 
     enactment of this section, the Secretary and the Commission 
     shall provide a report to the Congress evaluating the 
     categories of policy and value judgments identified under 
     this section.
       ``(3) Public comment and consolation.--The guidances and 
     report under this subsection, shall be developed after notice 
     and opportunity for public comment, and after consultation 
     with representatives of appropriate State, local, and tribal 
     governments, and such other departments and agencies, 
     offices, organizations, or persons as may be advisable.
       ``(4) Review.--The President shall review and, where 
     appropriate, revise the guidelines published under this 
     subsection at least every 4 years.
       ``(j) Research and Training in Risk Assessment.--
       ``(1) Evaluation.--The Secretary and the Commission shall 
     regularly and systematically evaluate risk assessment 
     research and training needs of the Department and the 
     Commission, including, where relevant and appropriate, the 
     following:
       ``(A) Research to reduce generic data gaps, to address 
     modelling needs (including improved model sensitivity), and 
     to validate 

[[Page H14314]]
     default options, particularly those common to multiple risk 
     assessments.
       ``(B) Research leading to improvement of methods to 
     quantify and communicate uncertainty and variability among 
     individuals, species, populations, and, in the case of 
     ecological risk assessment, ecological communities.
       ``(C) Emerging and future areas of research, including 
     research on comparative risk analysis, expose to multiple 
     chemicals and other stressors, noncancer endpoints, 
     biological markers of exposure and effect, mechanisms of 
     action in both mammalian and nonmammalian species, dynamics 
     and probabilities of physiological and ecosystem exposures, 
     and prediction of ecosystem-level responses.
       ``(D) Long-term needs to adequately train individuals in 
     risk assessment and risk assessment application. Evaluations 
     under this paragraph shall include an estimate of the 
     resources needed to provide necessary training.
       ``(2) Strategy and actions to meet identified needs.--The 
     head of each covered agency shall develop a strategy and 
     schedule for carrying out research and training to meet the 
     needs identified in paragraph (1).
       ``(3) Report.--Not later than 6 months after the date of 
     the enactment of this section, the Secretary and the 
     Commission shall submit to the Congress a report on the 
     evaluations conducted under paragraph (1) and the strategy 
     and schedule developed under paragraph (2). The Secretary and 
     the Commission shall report to the Congress periodically on 
     the evaluations, strategy, and schedule.
       ``(k) Study of Comparative Risk Analysis.--
       ``(1) In general.--
       ``(A) Study.--The Director of the Office of Management and 
     Budget, in consultation with the Office of Science and 
     Technology Policy, shall conduct, or provide for the conduct 
     of, a study using comparative risk analysis to rank health, 
     safety, and environmental risks and to provide a common basis 
     for evaluating strategies for reducing or preventing those 
     risks. The goal of the study shall be to improve methods of 
     comparative risk analysis.
       ``(B) Contract.--Not later than 90 days after the date of 
     the enactment of this section, the Director, in collaboration 
     with the heads of appropriate Federal agencies, shall enter 
     into a contract with the National Research Council to provide 
     technical guidance on approaches to using comparative risk 
     analysis and other considerations in setting health, safety, 
     and environmental risk reduction priorities.
       ``(2) Scope of study.--The study shall have sufficient 
     scope and breadth to evaluate comparative risk analysis and 
     to test approaches for improving comparative risk analysis 
     and its use in setting priorities for health, safety, and 
     environmental risk reduction. The study shall compare and 
     evaluate a range of diverse health, safety, and environmental 
     risks.
       ``(3) Study participants.--In conducting the study, the 
     Director shall provide for the participation of a range of 
     individuals with varying backgrounds and expertise, both 
     technical and nontechnical, comprising broad representation 
     of the public and private sectors.
       ``(4) Duration.--The study shall begin within 180 days 
     after the date of the enactment of this section and terminate 
     within 2 years after the date on which it began.
       ``(5) Recommendations for improving comparative risk 
     analysis and its use.--Not later than 90 days after the 
     termination of the study, the Director shall submit to the 
     Congress the report of the National Research Council with 
     recommendations regarding the use of comparative risk 
     analysis and ways to improve the use of comparative risk 
     analysis for decision-making by the Secretary and the 
     Commission.
       ``(1) Definitions.--For purposes of this section:
       ``(1) Risk assessment document.--The term `risk assessment 
     document' means a document containing the explanation of how 
     hazards associated with a substance, activity, or condition 
     have been identified, quantified, and assessed. The term also 
     includes a written statement accepting the findings of any 
     such document.
       ``(2) Risk characterization document.--The term `risk 
     characterization document' means a document quantifying or 
     describing the degree of toxicity, exposure, or other risk 
     posed by hazards associated with a substance, activity, or 
     condition to which individuals, populations, or resources are 
     exposed. The term also includes a written statement accepting 
     the findings of any such document.
       ``(3) Best estimate.--The term `best estimate' means a 
     scientifically appropriate estimate which is based, to the 
     extent feasible, on one of the following:
       ``(A) Central estimates of risk using the most plausible 
     assumptions.
       ``(B) An approach which combines multiple estimates based 
     on different scenarios and weighs the probability of each 
     scenario.
       ``(C) Any other methodology designed to provide the most 
     unbiased representation of the most plausible level of risk, 
     given the current scientific information available to the 
     Secretary or the Commission, as the case may be.
       ``(4) Substitution risk.--The term `substitution risk' 
     means a potential risk to human health, safety, or the 
     environment from a regulatory alternative designed to 
     decrease other risks.
       ``(5) Document.--The term `document' includes material 
     stored in electronic or digital form.
       ``(m) Analysis of Risk Reduction Benefits and Costs.--
       ``(1) Analysis of risk reduction benefits and costs.--
       ``(A) In general.--The President shall require the 
     Secretary and the Commission to prepare the following for 
     each major rule within a program that is proposed or 
     promulgated under this Act after the date of enactment of 
     this section:
       ``(i) An identification of reasonable alternative 
     strategies, including strategies that require no government 
     action; will accommodate differences among geographic regions 
     and among persons with different levels of resources with 
     which to comply; and employ performance or other market-based 
     mechanisms that permit the greatest flexibility in achieving 
     the identified benefits of the rule; the agency shall 
     consider reasonable alternative strategies proposed during 
     the comment period.
       ``(ii) An analysis of the incremental costs and incremental 
     risk reduction or other benefits associated with each 
     alternative strategy identified or considered by the agency. 
     Costs and benefits shall be quantified to the extent feasible 
     and appropriate and may otherwise be qualitatively described.
       ``(iii) A statement that places in context the nature and 
     magnitude of the risks to be addressed and the residual risks 
     likely to remain for each alternative strategy identified or 
     considered by the agency. Such statement shall, to the extent 
     feasible, provide comparisons with estimates of greater, 
     lesser, and substantially equivalent risks that are familiar 
     to and routinely encountered by the general public as well as 
     other risks, and, where appropriate and meaningful, 
     comparisons of those risks with other similar risks regulated 
     by the Secretary and the Commission resulting from comparable 
     activities and exposure pathways. Such comparisons should 
     consider relevant distinctions among risks, such as the 
     voluntary or involuntary nature of risks and the 
     preventability or nonpreventability of risks.
       ``(iv) For each final rule, an analysis of whether the 
     identified benefits of the rule are likely to exceed the 
     identified costs of the rule.
       ``(v) An analysis of the effect of the rule on small 
     businesses with fewer than 100 employees; on net employment; 
     and to the extent practicable, on the cumulative financial 
     burden of compliance with the rule and other existing 
     regulations on persons producing products.
       ``(2) Publication.--For each major rule referred to in 
     paragraph (1) the Secretary or the Commission, as the case 
     may be, shall publish in a clear and concise manner in the 
     Federal Register along with the proposed and final 
     regulation, or otherwise make publicly available, the 
     information required to be prepared under paragraph (1).
       ``(3) Decision criteria.--
       ``(A) In general.--No final rule subject to the provisions 
     of this subsection shall be promulgated unless the Secretary 
     or the Commission, as the case may be, certifies the 
     following:
       ``(i) That the analyses under this subsection are based on 
     objective and unbiased scientific and economic evaluations of 
     all significant and relevant information and risk assessments 
     provided to the Secretary or the Commission, as the case may 
     be, by interested parties relating to the costs, risks, and 
     risk reduction and other benefits addressed by the rule.
       ``(ii) That the incremental risk reduction or other 
     benefits of any strategy chosen will be likely to justify, 
     and be reasonably related to, the incremental costs incurred 
     by State, local, and tribal governments, the Federal 
     Government, and other public and private entities.
       ``(iii) That other alternative strategies identified or 
     considered by the agency were found either to be less cost-
     effective at achieving a substantially equivalent reduction 
     in risk, or to provide less flexibility to State, local, or 
     tribal governments or regulated entities in achieving the 
     otherwise applicable objectives of the regulation, along with 
     a brief explanation of why alternative strategies that were 
     identified or considered by the agency were found to be less 
     cost-effective or less flexible.
       ``(4) Effect of decision criteria.--
       ``(A) In general.--Notwithstanding any other provision of 
     Federal law, the decision criteria of paragraph (3) shall 
     supplement and, to the extent there is a conflict, supersede 
     the decision criteria for rulemaking otherwise applicable 
     under the statute pursuant to which the rule is promulgated.
       ``(B) Substantial evidence.--Notwithstanding any other 
     provision of Federal law, no major rule shall be promulgated 
     by the Secretary or the Commission under this Act unless the 
     requirements of this section are met and the certifications 
     required herein are supported by substantial evidence of the 
     rulemaking record.
       ``(5) Publication.--The agency shall publish in the Federal 
     Register, along with the final regulation, the certifications 
     required by this subsection.
       ``(6) Notice.--Where the Secretary or the Commission, as 
     the case may be, finds a conflict between the decision 
     criteria of this subsection and the decision criteria of an 
     otherwise applicable statute, the Secretary or the 
     Commission, as the case may be, shall so notify the Congress 
     in writing.
     
[[Page H14315]]

       ``(n) Office of Management and Budget Guidance.--The Office 
     of Management and Budget shall issue guidance consistent with 
     this section--
       ``(1) to assist the agencies, the public, and the regulated 
     community in the implementation of this section, including 
     any new requirements or procedures needed to supplement prior 
     agency practice; and
       ``(2) governing the development and preparation of analyses 
     of risk reduction benefits and costs.
       ``(o) Peer Review.--
       ``(1) Establishment.--The Secretary and the Commission 
     shall each develop a systematic program for independent and 
     external peer review required by this section. Such program 
     shall provide for peer review by the Waste Review Board, may 
     provide specific and reasonable deadlines for the Board to 
     submit reports under this subsection, and shall provide 
     adequate protections for confidential business information 
     and trade secrets, including requiring the Board to enter 
     into confidentiality agreements.
       ``(2) Requirement for peer review.--In connection with any 
     rule under this Act that is likely to result in an annual 
     increase in costs of $100,000,000 or more, the Secretary and 
     the Commission shall each provide for peer review in 
     accordance with this section of any risk assessment or cost 
     analysis which forms the basis for such rule or of any 
     analysis under this section. In addition, the Director of the 
     Office of Management and Budget may order that peer review be 
     provided for any major risk assessment or cost assessment 
     that is likely to have a significant impact on public policy 
     decisions of the Secretary and the Commission.
       ``(3) Contents.--Each peer review under this subsection 
     shall include a report to the Secretary or the Commission, as 
     the case may be, with respect to the scientific and economic 
     merit of data and methods used for the assessments and 
     analyses.
       ``(4) Response to peer review.--The Secretary or the 
     Commission, as the case may be, shall provide a written 
     response to all significant peer review comments.
       ``(5) Availability to public.--All peer review comments or 
     conclusions and the Secretary's or the Commission's response 
     shall be made available to the public and shall be made part 
     of the administrative record.
       ``(6) Previously reviewed data and analysis.--No peer 
     review shall be required under this subsection for any data 
     or method which has been previously subjected to peer review 
     or for any component of any analysis or assessment previously 
     subjected to peer review.
       ``(7) National panels.--The President shall appoint 
     National Peer Review Panels to annually review the risk 
     assessment and cost assessment practices of the Secretary and 
     the Commission under this Act. The Panel shall submit a 
     report to the Congress no less frequently than annually 
     containing the results of such review.
       ``(p) Judicial Review.--Compliance or noncompliance by the 
     Secretary and the Commission with the requirements of this 
     section shall be reviewable pursuant to this Act and chapter 
     7 of title 5, United States Code. The court with jurisdiction 
     to review final agency action under this Act shall have 
     jurisdiction to review, at the same time, compliance by the 
     Secretary or the Commission, as the case may be, with the 
     requirements of this section. When a significant risk 
     assessment document or risk characterization document subject 
     to this section is part of the administrative record in a 
     final agency action, in addition to any other matters that 
     the court may consider in deciding whether the action was 
     lawful, the court shall consider the action unlawful if such 
     significant risk assessment document or significant risk 
     characterization document does not substantially comply 
     with the requirements of this section.
       ``(q) Plan for Assessing New Information.--
       ``(1) Plan.--Within 18 months after the date of enactment 
     of this section, the Secretary and the Commission shall 
     publish a plan to review and, where appropriate revise any 
     significant risk assessment document or significant risk 
     characterization document published prior to the expiration 
     of such 18-month period if, based on information available at 
     the time of such review, the Secretary or the Commission, as 
     the case may be, head determines that the application of the 
     principles set forth in this section would be likely to 
     significantly alter the results of the prior risk assessment 
     or risk characterization. The plan shall provide procedures 
     for receiving and considering new information and risk 
     assessments from the public. The plan may set priorities and 
     procedures for review and, where appropriate, revision of 
     such risk assessment documents and risk characterization 
     documents and of health or environmental effects values. The 
     plan may also set priorities and procedures for review, and, 
     where appropriate, revision or repeal of major rules 
     promulgated prior to the expiration of such period. Such 
     priorities and procedures shall be based on the potential to 
     more efficiently focus national economic resources within 
     programs carried out under this Act on the most important 
     priorities and on such other factors as the Secretary or the 
     Commission considers appropriate.
       ``(2) Public comment and consultation.--The plan under this 
     subsection, shall be developed after notice and opportunity 
     for public comment, and after consultation with 
     representatives of appropriate State, local, and tribal 
     governments, and such other departments and agencies, 
     offices, organizations, or persons as may be advisable.
       ``(r) Priorities.--
       ``(1) Identification of opportunities.--In order to assist 
     in the public policy and regulation of risk to public health, 
     the President shall identify opportunities to reflect 
     priorities within programs under this Act in a cost-effective 
     and cost-reasonable manner. The President shall identify each 
     of the following:
       ``(A) The likelihood and severity of public health risks 
     addressed by such programs.
       ``(B) The number of individuals affected.
       ``(C) The incremental costs and risk reduction benefits 
     associated with regulatory or other strategies.
       ``(D) The cost-effectiveness of regulatory or other 
     strategies to reduce risks to public health.
       ``(E) Intergovernmental relationships among Federal, State, 
     and local governments among program designed to protect 
     public health.
       ``(F) Statutory, regulatory, or administrative obstacles to 
     allocating national economic resources based on the most 
     cost-effective, cost-reasonable priorities considering 
     Federal, State, and local programs.
       ``(2) State, local, and tribal priorities.--In identifying 
     national priorities, the President shall consider priorities 
     developed and submitted by State, local, and tribal 
     governments.
       ``(3) Biennial reports.--The President shall issue biennial 
     reports to Congress, after notice and opportunity for public 
     comment, to recommend priorities for modifications to, 
     elimination of, or strategies for existing programs under 
     this Act. Within 6 months after the issuance of the report, 
     the President shall notify the Congress in writing of the 
     recommendations which can be implemented without further 
     legislative changes and the agency shall consider the 
     priorities set forth in the report and priorities developed 
     and submitted by State, local, and tribal governments when 
     preparing a budget or strategic plan for any such program.

                               H.R. 1020

                      Offered by: Mrs. Vucanovich

       Amendment No. 20: Page 24, insert after the period in line 
     9 the following: ``The interim storage facility shall be 
     located at the Savannah River Nuclear site and the Hanford 
     Nuclear site.

                               H.R. 1745

                       Offered By: Mrs. Waldholtz

       Amendment No. 1: Page 2, line 14 (section 2(a)(1)) 
     (relating to Desolation Canyon), strike ``254,478'' and 
     insert ``291,598''.
       Page 2, line 16 (section 2(a)(1)), strike ``dated     '' 
     and insert ``dated December 3, 1995''.
       Page 2, line 19 (section 2(a)(2)) (relating to San Rafael 
     Reef), strike ``47,786'' and insert ``57,955''.
       Page 3, line 1 (section 2(a)(2)), strike ``dated     '' and 
     insert ``dated December 12, 1995.''
       Page 3, line 23 (section 2(a)(6)) (relating to Sids 
     Mountain), strike ``41,154'' and insert ``46,589''.
       Page 3, beginning on line 25 (section 2(a)(6)), strike 
     ``dated     '' and insert ``dated December 12, 1995''.
       Page 7, line 18 (section 2(a)(22)) (relating to Flume 
     Canyon), strike ``37,506'' and insert ``47,236''.
       Page 7, line 20 (section 2(a)(22)), strike ``dated     '' 
     and insert ``dated December 12, 1995''.
       Page 7, line 25 (section 2(a)(23)) (relating to Westwater 
     Canyon), strike ``25,383'' and insert ``26,658''.
       Page 8, line 2 (section 2(a)(23)), strike ``dated     '' 
     and insert ``dated December 12, 1995''.
       Page 9, line 11 (section 2(a)(29)) (relating to Paria-
     Hackberry), strike ``57,641'' and insert ``94,805''.
       Page 9, beginning on line 12 (section 2(a)(29)), strike 
     ``dated     '' and insert ``December 3, 1995''.
       Page 14, after line 13 (at the end of section 2(a)), add 
     the following:
       (50) Certain lands in the Road Canyon Wilderness Study Area 
     comprised of approximately 34,460 acres, as generally 
     depicted on a map entitled ``Grand Gulch Proposed 
     Wilderness'' and dated December 8, 1995, and which shall be 
     known as the Road Canyon Wilderness.
       (51) Certain lands in the Fish & Owl Creek Wilderness Study 
     Area comprised of approximately 20,925 acres, as generally 
     depicted on a map entitled ``Grand Gulch Proposed 
     Wilderness'' and dated December 8, 1995, and which shall be 
     known as the Fish & Owl Creek Wilderness.
       (52) Certain lands in the Mule Canyon Wilderness Study Area 
     comprised of approximately 5,940 acres, as generally depicted 
     on a map entitled ``Mule Canyon Proposed Wilderness'' and 
     dated December 8, 1995, and which shall be known as the Mule 
     Canyon Wilderness.
       (53) Certain lands in the Turtle Canyon Wilderness Study 
     Area comprised of approximately 27,480 acres, as generally 
     depicted on a map entitled ``Desolation Canyon Proposed 
     Wilderness'' and dated December 3, 1995, and which shall be 
     known as the Turtle Canyon Wilderness.
       (54) Certain lands in the The Watchman Wilderness Study 
     Area comprised of approximately 664 acres, as generally 
     depicted on a map entitled ``The Watchman Proposed 
     Wilderness'' and dated December 8, 1995, and which shall be 
     known as The Watchman Wilderness.
     
[[Page H14316]]

       Page 26, line 18 (section 11(a)(1)), strike ``142,041'' and 
     insert ``242,000''.
       Page 28, line 2 (section 11(c)(1)), strike ``dated     '' 
     and insert ``dated December 6, 1995,''.
       Page 31, line 7, add the following: ``The Secretary shall 
     have the authority to extend any existing leases on such 
     Federal lands prior to consummation of the exchange.''.