[Congressional Record Volume 142, Number 105 (Wednesday, July 17, 1996)]
[Senate]
[Pages S8033-S8056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       THE NUCLEAR WASTE POLICY ACT OF 1982 AMENDMENT ACT OF 1996

                                 ______
                                 

                    BRYAN AMENDMENTS NOS. 4667-4824

  (Ordered to lie on the table.)
  Mr. BRYAN submitted 158 amendments intended to be proposed by him to 
the bill S. 1936, supra; as follows:

[[Page S8034]]

                           Amendment No. 4667

       On page 36, strike line 24 through page 37, line 4.
                                                                    ____


                           Amendment No. 4668

       On page 36, strike lines 14 through 26.
                                                                    ____


                           Amendment No. 4669

       On page 36, strike lines 9 through 11.
                                                                    ____


                           Amendment No. 4670

       On page 36, line 8, strike ``not''.
                                                                    ____


                           Amendment No. 4671

     At the appropriate place, add the following:

     ``Notwithstanding any other provision of this Act, federal 
     interim storage of commercial spent nuclear fuel shall only 
     be available as follows:

     Interim Storage Program

       Findings and Purposes
       Sec. 131. (a) Findings.--The Congress finds that--
       (1) the persons owning and operating civilian nuclear power 
     reactors have the primary responsibility for providing 
     interim storage of spent nuclear fuel from such reactors, by 
     maximizing, to the extent practical, the effective use of 
     existing storage facilities at the site of each civilian 
     nuclear power reactor, and by adding new onsite storage 
     capacity in a timely manner where practical;
       (2) the Federal Government has the responsibility to 
     encourage and expedite the effective use of existing storage 
     facilities and the addition of needed new storage capacity at 
     the site of each civilian nuclear power reactor; and
       (3) the Federal Government has the responsibility to 
     provide, in accordance with the provisions of this subtitle, 
     not more than 1,900 metric tons of capacity for interim 
     storage of spent nuclear fuel for civilian nuclear power 
     reactors that cannot reasonably provide adequate storage 
     capacity at the sites of such reactors when needed to assure 
     the continued, orderly operation of such reactors.
       (b) Purposes.--The purposes of this subtitle are--
       (1) to provide for the utilization of available spent 
     nuclear fuel pools at the site of each civilian nuclear power 
     reactor to the extent practical and the addition of new spent 
     nuclear fuel storage capacity where practical at the site of 
     such reactor; and
       (2) to provide, in accordance with the provisions of this 
     subtitle, for the establishment of a federally owned and 
     operated system for the interim storage of spent nuclear fuel 
     at one or more facilities owned by the Federal Government 
     with not more than 1,900 metric tons of capacity to prevent 
     disruptions in the orderly operation of any civilian nuclear 
     power reactor that cannot reasonably provide adequate spent 
     nuclear fuel storage capacity at the site of such reactor 
     when needed.
       Sec. 132
       Available Capacity for Interim Storage of Spent Nuclear 
     Fuel
       Sec. 132. The Secretary, the Commission, and other 
     authorized Federal officials shall each take such actions as 
     such official considers necessary to encourage and expedite 
     the effective use of available storage, and necessary 
     additional storage, at the site of each civilian nuclear 
     power reactor consistent with--
       (1) the protection of the public health and safety, and the 
     environment;
       (2) economic considerations;
       (3) continued operation of such reactor;
       (4) any applicable provisions of law; and
       (5) the views of the population surrounding such reactor.

     SEC. 133


                       interim at reactor storage

       Sec. 133. The Commission shall, by rule, established 
     procedures for the licensing of any technology approved by 
     the Commission under section 219(a)1 for use at the site of 
     any civilian nuclear power reactor. The establishment of such 
     procedures shall not preclude the licensing, under any 
     applicable procedures or rules of the Commission in effect 
     prior to such establishment, of any technology for the 
     storage of civilian spent nuclear fuel at the site of any 
     civilian nuclear power reactor.


          licensing of facility expansions and transshipments

       Sec. 134. (a) Oral Argument.--In any Commission hearing 
     under section 189 of the Atomic Energy Act of 1954 on an 
     application for a license, or for an amendment to an existing 
     license, filed after the date of the enactment of this Act, 
     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 for 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 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 this 
     section unless--
       (1) an objection to the procedure used was presented to the 
     Commission in a timely fashion or there are extraordinary 
     circumstances that excuse the failure to present a timely 
     objection; and
       (2) the court finds that such failure has precluded a fair 
     consideration and informed resolution of a significant issue 
     of the proceeding taken as a whole.


                     storage of spent nuclear fuel

       Sec. 135. (a) Storage Capacity.--(1) Subject to section 8, 
     the Secretary shall provide, in accordance with paragraph 
     (5), not more than 1,900 metric tons of capacity for the 
     storage of spent nuclear fuel from civilian nuclear power 
     reactors. Such storage capacity shall be provided through any 
     one or more of the following methods, used in any combination 
     determined by the Secretary to be appropriate:
       (A) use of available capacity at one or more facilities 
     owned by the Federal Government on the date of the enactment 
     of this Act, including the modification and expansion of any 
     such facilities, if the Commission determines that such use 
     will adequately protect the public health and safety, except 
     that such use shall not--
       (i) render such facilities subject to licensing under the 
     Atomic Energy Act of 1954 or the Energy Reorganization Act of 
     1974; or
       (ii) except as provided in subsection (c) require the 
     preparation of an environmental impact statement under 
     section 102(2)(C) of the National Environmental Policy Act of 
     1969, such facility is already being used, or has previously 
     been used, for such storage or for any similar purpose.
       (B) acquisition of any modular or mobile spent nuclear fuel 
     storage equipment, including spent nuclear fuel storage 
     casks, and provision of such equipment, to any person 
     generating or holding title to spent nuclear fuel, at the 
     site of any civilian nuclear power reactor operated by such 
     person or at any site owned by the Federal Government on the 
     date of enactment of this Act;
       (C) construction of storage capacity at any site of a 
     civilian nuclear power reactor.
       (2) Storage capacity authorized by paragraph (1) shall not 
     be provided at any Federal or non-Federal site within which 
     there is a candidate site for a repository. The restriction 
     in the preceding sentence shall only apply until such time as 
     the Secretary decides that such candidate site is no longer a

[[Page S8035]]

     candidate site under consideration for development as a 
     repository.
       (3) In selecting methods of providing storage capacity 
     under paragraph (1), the Secretary shall consider the 
     timeliness of the availability of each such method and shall 
     seek to minimize the transportation of spent nuclear fuel, 
     the public health and safety impacts, and the costs of 
     providing such storage capacity.
       (4) In providing storage capacity through any method 
     described in paragraph (1), the Secretary shall comply with 
     any applicable requirements for licensing or authorization of 
     such method, except as provided in paragraph (1)(A)(i).
       (5) The Secretary shall ensure that storage capacity is 
     made available under paragraph (1) when needed, as determined 
     on the basis of the storage needs specified in contracts 
     entered into under section 136(a), and shall accept upon 
     request any spent nuclear fuel as covered under such 
     contracts.
       (6) For purposes of paragraph (1)(A), the term ``facility'' 
     means any building or structure.
       (b) Contracts.--(1) Subject to the capacity limitation 
     established in subsections (a) (1)3 and (d)4 the Secretary 
     shall offer to enter into, and may enter into, contracts 
     under section 136(a) with any person generating or owning 
     spent nuclear fuel for purposes of providing storage capacity 
     for such spent fuel under this section only if the Commission 
     determines that--
       (A) adequate storage capacity to ensure the continued 
     orderly operation of the civilian nuclear power reactor at 
     which such spent nuclear fuel is generated cannot reasonably 
     be provided by the person owning and operating such reactor 
     at such site, or at the site of any other civilian nuclear 
     power reactor operated by such person, and such capacity 
     cannot be made available in a timely manner through any 
     method described in subparagraph (B); and
       (B) such person is diligently pursuing licensed 
     alternatives to the use of Federal storage capacity for the 
     storage of spent nuclear fuel expected to be generated by 
     such person in the future, including--
       (i) expansion of storage facilities at the site of any 
     civilian nuclear power reactor operated by such person;
       (ii) construction of new or additional storage facilities 
     at the site of any civilian nuclear power reactor operated by 
     such person;
       (iii) acquisition of modular or mobile spent nuclear fuel 
     storage equipment, including spent nuclear fuel storage 
     casks, for use at the site of any civilian nuclear power 
     reactor operated by such person; and
       (iv) transshipment to another civilian nuclear power 
     reactor owned by such person.
       (2) In making the determination described in paragraph 
     (1)(A), the Commission shall ensure maintenance of a full 
     core reserve storage capacity at the site of the civilian 
     nuclear power reactor involved unless the Commission 
     determines that maintenance of such capability is not 
     necessary for the continued orderly operation of such 
     reactor.
       (3) The Commission shall complete the determination 
     required in paragraph (1) with respect to any request for 
     storage capacity not later than 6 months after receipt of 
     such request by the Commission.
       (c) Environmental Review--(1) The provision of 300 or more 
     metric tons of storage capacity at any one Federal site under 
     subsection (a)(1)(A) shall be considered to be a major 
     Federal action requiring preparation of an environmental 
     impact statement under section 102(2)(C) of the National 
     Environmental Policy Act of 1969.
       (2)(A) The Secretary shall prepare, and make available to 
     the public, an environmental assessment of the probable 
     impacts of any provision of less than 300 metric tons of 
     storage capacity at any one Federal site under subsection 
     (a)(1)(A) that requires the modification or expansion of any 
     facility at the site, and a discussion of alternative 
     activities that may be undertaken to avoid such impacts. Such 
     environmental assessment shall include--
       (i) an estimate of the amount of storage capacity to be 
     made available at such site;
       (ii) an evaluation as to whether the facilities to be used 
     at such site are suitable for the provision of such storage 
     capacity;
       (iii) a description of activities planned by the Secretary 
     with respect to the modification or expansion of the 
     facilities to be used at such site;
       (iv) an evaluation of the effects of the provision of such 
     storage capacity at such site on the public health and 
     safety, and the environment;
       (v) a reasonable comparative evaluation of current 
     information with respect to such site and facilities and 
     other sites and facilities available for the provision of 
     such storage capacity;
       (vi) a description of any other sites and facilities that 
     have been considered by the Secretary for the provision of 
     such storage capacity; and
       (vii) an assessment of the regional and local impacts of 
     providing such storage capacity at such site, including the 
     impacts on transportation.
       (B) The issuance of any environmental assessment under this 
     paragraph shall be considered to be a final agency action 
     subject to judicial review in accordance with the provisions 
     of chapter 7 of title 5, United States Code. Such judicial 
     review shall be limited to the sufficiency of such assessment 
     with respect to the items described in clauses (i) through 
     (vii) of subparagraph (A).
       (3) Judicial review of any environmental impact statement 
     or environmental assessment prepared pursuant to this 
     subsection shall be conducted in accordance with the 
     provisions of section 119.
       (d) Review of Sites and State Participation--(1) In 
     carrying out the provisions of this subtitle with regard to 
     any interim storage of spent fuel from civilian nuclear power 
     reactors which the Secretary is authorized by section 135 to 
     provide, the Secretary shall, as soon as practicable, notify, 
     in writing, the Governor and the State legislature of any 
     State and the Tribal Council of any affected Indian tribe in 
     such State in which is located a potentially acceptable site 
     or facility for such interim storage of spent fuel of his 
     intention to investigate that site or facility.
       (2) During the course of investigation of such site or 
     facility, the Secretary shall keep the Governor, State 
     legislature, and affected Tribal Council currently 
     informed of the progress of the work, and results of the 
     investigations. At the time of selection by the Secretary 
     of any site or existing facility, but prior to undertaking 
     any site-specific work or alterations, the Secretary shall 
     promptly notify the Governor, the legislature, and any 
     affected Tribal Council in writing of such selection, and 
     subject to the provisions of paragraph (6) of this 
     subsection, shall promptly enter into negotiations with 
     such State and affected Tribal Council to establish a 
     cooperative agreement under which such State and Council 
     shall have the right to participate in a process of 
     consultation and cooperation, based on public health and 
     safety and environmental concerns, in all stages of the 
     planning, development, modification, expansion, operation, 
     and closure of storage capacity at a site or facility 
     within such State for the interim storage of spent fuel 
     from civilian nuclear power reactors. Public participation 
     in the negotiation of such an agreement shall be provided 
     for and encouraged by the Secretary, the State, and the 
     affected Tribal Council. The Secretary, in cooperation 
     with the States and Indian tribes, shall develop and 
     publish minimum guidelines for public participation in 
     such negotiations, but the adequacy of such guidelines or 
     any failure to comply with such guidelines shall not be a 
     basis for judicial review.
       (3) The cooperative agreement shall include, but need not 
     be limited to, the sharing in accordance with applicable law 
     of all technical and licensing information, the utilization 
     of available expertise, the facilitating of permitting 
     procedures, joint project review, and the formulation of 
     joint surveillance and monitoring arrangements to carry out 
     applicable Federal and State laws. The cooperative agreement 
     also shall include a detailed plan or schedule of milestones, 
     decision points and opportunities for State or eligible 
     Tribal Council review and objection. Such cooperative 
     agreement shall provide procedures for negotiating and 
     resolving objections of the State and affected Tribal Council 
     in any stage of planning, development, modification, 
     expansion, operation, or closure of storage capacity at a 
     site or facility within such State. The terms of any 
     cooperative agreement shall not affect the authority of the 
     Nuclear Regulatory Commission under existing law.
       (4) For the purpose of this subsection, ``process of 
     consultation and cooperation'' means a methodology by which 
     the Secretary (A) keeps the State and eligible Tribal Council 
     fully and currently informed about the aspects of the project 
     related to any potential impact on the public health and 
     safety and environment; (B) solicits, receives, and evaluates 
     concerns and objections of such State and Council with regard 
     to such aspects of the project on an ongoing basis; and (C) 
     works diligently and cooperatively to resolve, through 
     arbitration or other appropriate mechanisms, such concerns 
     and objections. The process of consultation and cooperation 
     shall not include the grant of a right, to any State or 
     Tribal Council to exercise an absolute veto of any aspect of 
     the planning, development, modification, expansion, or 
     operation of the project.
       (5) The Secretary and the State and affected Tribal Council 
     shall seek to conclude the agreement required by paragraph 
     (2) as soon as practicable, but not later than 180 days 
     following the date of notification of the selection under 
     paragraph (2). The Secretary shall periodically report to the 
     Congress thereafter on the status of the agreements approved 
     under paragraph (3). Any report to the Congress on the status 
     of negotiations of such agreement by the Secretary shall be 
     accompanied by comments solicited by the Secretary from the 
     State and eligible Tribal Council.
       (6)(A) Upon deciding to provide an aggregate of 300 or more 
     metric tons of storage capacity under subsection (a)(1) at 
     any one site, the Secretary shall notify the Governor and 
     legislature of the State where such site is located, or the 
     governing body of the Indian tribe in whose reservation such 
     site is located, as the case may be, of such decision. During 
     the 60-day period following receipt of notification by the 
     Secretary of this decision to provide an aggregate of 300 or 
     more metric tons of storage capacity at any one site, the 
     Governor or legislature of the State in which such site is 
     located, or the governing body of the affected Indian where 
     such site is located, as the case may be, may disapprove the 
     provision of 300 or more metric tons of storage capacity at 
     the site involved and submit to the Congress a notice of such 
     disapproval. A notice of disapproval shall be

[[Page S8036]]

     considered to be submitted to the Congress on the date of the 
     transmittal of such notice of disapproval to the Speaker of 
     the House and the President pro tempore of the Senate. Such 
     notice of disapproval shall be accompanied by a statement of 
     reasons explaining why the provision of such storage capacity 
     at such site was disapproved by such Governor or legislature 
     or the governing body of such Indian tribe.
       (B) Unless otherwise provided by State law, the Governor or 
     legislature of each State shall have authority to submit a 
     notice of disapproval to the Congress under subparagraph (A). 
     In any case in which State law provides for submissions of 
     any such notice of disapproval by any other person or entity, 
     any reference in this subtitle to the Governor or legislature 
     of such State shall be considered to refer instead of such 
     other person or entity.
       (C) The authority of the Governor and legislature of each 
     State under this paragraph shall not be applicable with 
     respect to any site located on a reservation.
       (D) If any notice of disapproval is submitted to the 
     Congress under subparagraph (A), the proposed provision of 
     300 or more metric tons of storage capacity at the site 
     involved shall be disapproved unless, during the first period 
     of 90 calendar days of continuous session of the Congress 
     following the date of the receipt by the Congress of such 
     notice of disapproval, the Congress passes a resolution 
     approving such proposed provision of storage capacity in 
     accordance with the procedures established in this paragraph 
     and subsections (d) through (f) of section 115 and such 
     resolution thereafter becomes law. For purposes of this 
     paragraph, the term ``resolution'' means a joint 
     resolution of either House of the Congress, the matter 
     after the resolving clause of which is as follows: ``That 
     there hereby is approved the provision of 300 or more 
     metric tons of spent nuclear fuel storage capacity a the 
     site located at ______, with respect to which a notice of 
     disapproval was submitted by ______ on ______.''. The 
     first blank space in such resolution shall be filled with 
     the geographic location of the site involved; the second 
     blank space in such resolution shall be filled with the 
     designation of the State Governor and, legislature or 
     affected Indian tribe governing body submitting the notice 
     of disapproval involved; and the last blank space in such 
     resolution shall be filled with the date of submission of 
     such notice of disapproval.
       (E) For purposes of such consideration of any resolution 
     described in subparagraph (D), each reference in subsections 
     (d) and (e) of section 115 to a resolution of repository 
     siting approval shall be considered to refer to the 
     resolution described in such subparagraph.
       (7) As used in this section, the term ``affected Tribal 
     Council'' means the governing body of any Indian tribe within 
     whose reservation boundaries there is located a potentially 
     acceptable site for interim storage capacity of spent nuclear 
     fuel from civilian nuclear power reactors, or within whose 
     boundaries a site of such capacity is selected by the 
     Secretary, or whose federally defined possessory or usage 
     rights to other lands outside of the reservation's boundaries 
     arising out of congressionally ratified treaties, as 
     determined by the Secretary of the Interior pursuant to a 
     petition filed with him by the appropriate governmental 
     officials of such tribe, may be substantially and adversely 
     affected by the establishment of any such storage capacity.
       (e) Limitations.--Any spent nuclear fuel stored under this 
     section shall be removed from the storage site or facility 
     involved as soon as practicable, but in any event not later 
     than 3 years following the date on which a repository or 
     monitored retrievable storage facility developed under this 
     Act is available for disposal of such spent nuclear fuel.
       (f) Report.--The Secretary shall annually prepare and 
     submit to the Congress a report on any plans of the Secretary 
     for providing storage capacity under this section. Such 
     report shall include a description of the specific manner of 
     providing such storage selected by the Secretary, if any. The 
     Secretary shall prepare and submit the first such report not 
     later than 1 year after the date of the enactment of this 
     Act.
       (g) Criteria for Determining Adequacy of Available Storage 
     Capacity.--Not later than 90 days after the date of the 
     enactment of this Act, the Commission pursuant to section 553 
     of the Administrative Procedures Act, shall propose, by rule, 
     procedures and criteria for making the determination required 
     by subsection (b) that a person owning and operating a 
     civilian nuclear power reactor cannot reasonably provide 
     adequate spent nuclear fuel storage capacity at the civilian 
     nuclear power reactor site when needed to ensure the 
     continued orderly operations of such reactor. Such criteria 
     shall ensure the maintenance of a full core reserve storage 
     capability at the site of such reactor unless the Commission 
     determines that maintenance of such capacity is not necessary 
     for the continued orderly operation of such reactor. Such 
     criteria shall identify the feasibility of reasonably 
     providing such adequate spent nuclear fuel storage capacity, 
     taking into account economic, technical, regulatory, and 
     public health and safety factors, through the use of high-
     density fuel storage racks, fuel rod compaction, 
     transshipment of spent nuclear fuel to another civilian 
     nuclear power reactor within the same utility system, 
     construction of addition spent nuclear fuel poor capacity, or 
     such other technologies as may be approved by the Commission.
       (h) Application.--Notwithstanding any other provision of 
     law, nothing in this Act shall be construed to encourage, 
     authorize, or require the private or Federal use, purchase, 
     lease, or other acquisition of any storage facility located 
     away from the site of any civilian nuclear power reactor and 
     not owned by the Federal Government on the date of the 
     enactment of this Act.
       (i) Coordination With Research and Development Program.--To 
     the extent available, and consistent with the provisions of 
     this section, the Secretary shall provide spent nuclear fuel 
     for the research and development program authorized in 
     section 2172 from spent nuclear fuel received by the 
     Secretary for storage under this section. Such spent nuclear 
     fuel shall not be subject to the provisions of subsection 
     (e).


                          INTERIM STORAGE FUND

       Sec. 136. Contracts.--(1) During the period following the 
     date of the enactment of this Act, but not later than January 
     1, 2010, the Secretary is authorized to enter into contracts 
     with persons who generate or own spent nuclear fuel resulting 
     from civilian nuclear activities for the storage of such 
     spent nuclear fuel in any storage capacity provided under 
     this subtitle: Provided, however, That the Secretary shall 
     not enter into contracts for spent nuclear fuel in amounts in 
     excess of the available storage capacity specified in section 
     135(a). Those contracts shall provide that the Federal 
     Government will take (1) title at the civilian nuclear power 
     reactor site, to such amounts of spent nuclear fuel from the 
     civilian nuclear power reactor as the Commission determines 
     cannot be stored onsite, (2) transport the spent nuclear fuel 
     to a federally owned and operated interim away-from-reactor 
     storage facility, and (3) store such fuel in the facility 
     pending further processing, storage, or disposal. Each 
     such contract shall (A) provide for payment to the 
     Secretary of fees determined in accordance with the 
     provisions of this section; and (B) specify the amount of 
     storage capacity to be provided for the person involved.
       (2) The Secretary shall undertake a study and, not later 
     then 180 days after the date of the enactment of this Act, 
     submit to the Congress a report, establishing payment charges 
     that shall be calculated on an annual basis, commencing on or 
     before January 1, 1996. Such payment charges and the 
     calculation thereof shall be published in the Federal 
     Register, and shall become effective not less than 30 days 
     after publication. Each payment charge published in the 
     Federal Register under this paragraph shall remain effective 
     for a period of 12 months from the effective date as the 
     charge for the cost of the interim storage of any spent 
     nuclear fuel. The report of the Secretary shall specify the 
     method and manner of collection (including the rates and 
     manner of payment) and any legislative recommendations 
     determined by the Secretary to be appropriate.
       (3) Fees for storage under this subtitle shall be 
     established on a nondiscriminatory basis. The fees to be paid 
     by each person entering into a contract with the Secretary 
     under this subsection shall be based upon an estimate of the 
     pro rata costs of storage and related activities under this 
     subtitle with respect to such person, including the 
     acquisition, construction, operation, and maintenance of any 
     facilities under this subtitle.
       (4) The Secretary shall establish in writing criteria 
     setting forth the terms and conditions under which such 
     storage services shall be made available.
       (5) Except as provided in section 137, nothing in this or 
     any other Act requires the Secretary, in carrying out the 
     responsibilities of this section, to obtain a license or 
     permit to possess or own spent nuclear fuel.
       (b) Limitation.--No spent nuclear fuel generated or owned 
     by any department of the United States referred to in section 
     101 or 102 of title 5, United States Code, may be stored by 
     the Secretary in any storage capacity provided under this 
     subtitle unless such department transfers to the Secretary, 
     for deposit in the Interim Storage Fund, amounts equivalent 
     to the fees that would be paid to the Secretary under the 
     contracts referred to in this section if such spent nuclear 
     fuel were generated by any other person.
       (c) Establishment of Interim Storage Fund.--There hereby is 
     established in the Treasury of the United States a separate 
     fund, to be known as the Interim Storage Fund. The Storage 
     Fund shall consist of--
       (1) All receipts, proceeds, and recoveries realized by the 
     Secretary under subsections (a), (b), and (e), 1 which shall 
     be deposited in the Storage Fund immediately upon their 
     realization;
       (2) any appropriations made by the Congress to the Storage 
     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 interim storage of civilian spent nuclear 
     fuel, which shall automatically be transferred to the Storage 
     Fund on such date.
       (d) Use of Storage Fund.--The Secretary may make 
     expenditures from the Storage Fund, subject to subsection 
     (e),2 for any purpose necessary or appropriate to the conduct 
     of the functions and activities of the Secretary, or the 
     provision or anticipated provision of services, under this 
     subtitle, including--
       (1) the identification, development, licensing, 
     construction, operation, decommissioning, and post-
     decommissioning maintenance

[[Page S8037]]

     and monitoring of any interim storage facility provided under 
     this subtitle;
       (2) the administrative cost of the interim storage program;
       (3) the costs associated with acquisition, design, 
     modification, replacement, operation, and construction of 
     facilities at an interim storage site, consistent with the 
     restrictions in section 135;
       (4) the cost of transportation of spent nuclear fuel; and
       (5) impact assistance as described in subsection (e).
       (e) Impact Assistance.--(1) Beginning the first fiscal year 
     which commences after the date of the enactment of this Act, 
     the Secretary shall make annual impact assistance payments to 
     a State or appropriate unit of local government, or both, in 
     order to mitigate social or economic impacts occasioned by 
     the establishment and subsequent operation of any interim 
     storage capacity within the jurisdictional boundaries of such 
     government or governments and authorized under this 
     subtitle: Provided, however, That such impact assistance 
     payments shall not exceed (A) ten per centum of the costs 
     incurred in paragraphs (1) and (2), or (B) $15 per 
     kilogram of spent fuel, whichever is less;
       (2) Payments made available to States and units of local 
     government pursuant to this section shall be--
       (A) allocated in a fair and equitable manner with a 
     priority to those States or units of local government 
     suffering the most severe impacts; and
       (B) utilized by States or units of local governments only 
     for (i) planning, (ii) construction and maintenance of public 
     services, (iii) provision of public services related to the 
     providing of such interim storage authorized under this 
     title, and (iv) compensation for loss of taxable property 
     equivalent to that if the storage had been provided under 
     private ownership.
       (3) Such payments shall be subject to such terms and 
     conditions as the Secretary determines necessary to ensure 
     that the purposes of this subsection shall be achieved. The 
     Secretary shall issue such regulations as may be necessary to 
     carry out the provisions of this subsection.
       (4) Payments under this subsection shall be made available 
     solely from the fees determined under subsection (a).
       (5) The Secretary is authorized to consult with States and 
     appropriate units of local government in advance of 
     commencement of establishment of storage capacity authorized 
     under this subtitle in an effort to determine the level of 
     the payment such government would be eligible to receive 
     pursuant to this subsection.
       (6) As used in this subsection, the term ``unit of local 
     government'' means a county, parish, township, municipality, 
     and shall include a borough existing in the State of Alaska 
     on the date of the enactment of this subsection, and any 
     other unit of government below the State level which is a 
     unit of general government as determined by the Secretary.
       (f) Administration of Storage Fund.--(1) The Secretary of 
     the Treasury shall hold the Storage Fund and, after 
     consultation with the Secretary, annually report to the 
     Congress on the financial condition and operations of the 
     Storage Fund during the preceding fiscal year.
       (2) The Secretary shall submit the budget of the Storage 
     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 Storage Fund shall consist of 
     estimates made by the Secretary of expenditures from the 
     Storage 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 Storage Fund, subject to 
     appropriations which shall remain available until expended. 
     Appropriations shall be subject to triennial authorization.
       (3) If the Secretary determines that the Storage 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 Storage 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 Storage 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 Storage 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 
     forms and denominations, bearing such maturities, and subject 
     to such terms and conditions as may be agreed to by the 
     Secretary and the Secretary of the Treasury. The total of 
     such obligations shall not exceed amounts provided in 
     appropriation Acts. Redemption of such obligations shall be 
     made by the Secretary from moneys available in the Storage 
     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 Storage 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 Storage 
     Fund, less the average undisbursed cash balance in the 
     Storage 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.


                              section 137

       Sec. 137.2 (a) Transportation.--(1) Transportation of spent 
     nuclear fuel under section 136(a) shall be subject to 
     licensing and regulation by the Commission and by the 
     Secretary of Transportation as provided for transportation of 
     commercial spent nuclear fuel under existing law.
       (2) 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 reasonable cost.''
                                                                    ____


                           Amendment No. 4672

       On page 96, line 7, strike all after ``Service.'' through 
     the end of line 12.
                                                                    ____


                           Amendment No. 4673

       Strike all after the enacting clause, and insert:

                     ``TITLE I. INDEPENDENT REVIEW

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Nuclear Waste Independent 
     Review Act''.

     SEC. 2. FINDINGS.

       Congress find that--
       (1) despite the enactment of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10101 et seq.), ratepayer contributions to 
     the Nuclear Waste Fund established by section 302 of the Act 
     (42 U.S.C. 10222) of over $6,000,000,000, and expenditures of 
     over $4,000,000,000, the high-level radioactive waste program 
     is behind schedule and is the subject of numerous fundamental 
     controversies, including the very concept of deep geologic 
     storage;
       (2) the Federal Government's only proposed transuranic 
     waste disposal facility, the Waste Isolation Pilot Plant 
     (WIPP), is beset with unresolved engineering, geologic, and 
     certification problems and suffers from cost overruns;
       (3) Federal and State efforts to site low-level radioactive 
     waste disposal sites have failed in many instances because of 
     technical problems and public opposition; and
       (4) there has never been a comprehensive independent review 
     of Federal nuclear waste policies.

     SEC. 3. PURPOSE.

       The purpose of this Act is to establish a commission to 
     conduct a full independent review of United States nuclear 
     waste policy.

     SEC. 4. ESTABLISHMENT OF COMMISSION.

       (a) In General.--The President, in consultation with the 
     Science Advisor to the President and the Council on 
     Environmental Quality, shall establish a commission to be 
     known as the ``Nuclear Waste Policy Review Commission'' 
     (referred to in this act as the ``Commission'').
       (b) Representation of Interest Groups.--The membership and 
     structure of the Commission shall be determined by the 
     President with a view toward providing representation from--
       (1) Environmental groups;
       (2) Consumer groups;
       (3) Taxpayer groups;
       (4) The scientific community, including nuclear-oriented 
     and other fields such as biology and medicine;

[[Page S8038]]

       (5) State and local governments;
       (6) Indian tribes;
       (7) Transportation experts;
       (8) Management experts;
       (9) Federal, State, and local regulatory agencies;
       (10) Utilities; and
       (11) Other affected industries.
       (c) Independent Status.--The Commission shall be 
     independent of the Department of Energy and other Federal 
     agencies.
       (d) Participation by the Public.--The Commission shall hold 
     public meetings and provide full opportunities for 
     participation by all interested parties.

     SEC. 5. ISSUES TO BE CONSIDERED.

       The Commission shall consider all issues related to United 
     States policy concerning high-level, transuranic, low-level 
     waste, and other radioactive wastes including--
       (1) various options for high-level radioactive waste 
     storage and disposal, including deep geologic disposal, on-
     site dry storage, monitored retrievable storage, centralized 
     interim storage, or any other options;
       (2) evaluation of the experiences of other countries in 
     storing and disposing of radioactive waste;
       (3) an analysis of funding through the Nuclear Waste Fund 
     established by section 302 of the Nuclear Waste Policy Act of 
     1982 (42 U.S.C. 10222), including fee sufficiency and 
     strategies for providing equity for ratepayer contributions 
     to the Nuclear Waste Fund;
       (4) the siting and characterization process for nuclear 
     waste programs currently in effect and alternatives to those 
     programs;
       (5) technical, managerial, economic, and policy analyses of 
     the nuclear waste inventory of the United States; and
       (6) an examination of the classification system for nuclear 
     waste currently in effect, and options for reclassification.

     SEC. 6. REPORT.

       Not later than 2 years after the date of enactment of this 
     Act, the Commission shall submit to Congress a report on its 
     review under this Act, including recommendations for 
     legislative or other action.

     SEC. 7. MORATORIUM ON ISSUANCE OF LICENSES.

       No Federal agency may issue a license for a facility for 
     the storage or disposal of radioactive waste (except a 
     license for temporary on-site storage) until the date on 
     which the Commission submits its report under section 6.

     SEC. 8. TERMINATION OF COMMISSION.

       The Commission shall terminate 30 days after the date on 
     which the Commission submits its report under section 6.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

                      TITLE II. RATEPAYER EQUITY.

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Independent Spend Nuclear 
     Fuel Storage Act of 1995''.

     SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. table of contents.
Sec. 3. Definitions.
Sec. 4. Findings.
Sec. 5. Amendments to the Nuclear Waste Policy Act of 1982.

     SEC. 3. DEFINITIONS.

       For purposes of this Act--
       (1) the term ``Commission'' means the Nuclear Regulatory 
     Commission; and
       (2) the term ``Secretary'' means the Secretary of the 
     Department of Energy.

     SEC. 4. FINDINGS.

       The Congress finds that--
       (1) By 1998, approximately 45,000 tons of spend nuclear 
     fuel will be stored at commercial nuclear reactors across the 
     nation;
       (2) the deep geologic high level radioactive waste and 
     spent nuclear fuel repository envisioned by the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10101 et. seq.) will not be 
     constructed in time to permit the Secretary to receive and 
     accept high level radioactive waste or spent nuclear fuel as 
     contemplated by sections 123 and 302 of that Act (42 U.S.C. 
     10143, 10222), with the result that the Secretary will be 
     unable to perform contracts executed pursuant to section 
     302(a) of that Act with persons who generate or hold title to 
     high level radioactive waste or spend nuclear fuel;
       (3) there have been no orders for the development or 
     construction of civilian nuclear power generating facilities 
     since the enactment of the Nuclear Waste Policy Act of 1982; 
     several such facilities that were anticipated when the Act 
     was enacted are not operating now;
       (4) it does not now appear that a deep geologic high level 
     radioactive waste and spend nuclear fuel repository will be 
     available before the year 2010 or later;
       (5) by the time a deep geologic repository is available 
     many currently operating commercial nuclear reactors will 
     need spend fuel storage capacity beyond the maximum now 
     available in at-reactor spent fuel storage pools; nuclear 
     utilities have spent and will spend major sums to construct 
     facilities, including dry cask spend fuel storage facilities, 
     for use in the interim before a deep geologic repository is 
     available;
       (6) the sums spent for the purposes described in paragraph 
     (5) are the same funds that commercial nuclear utilities 
     intended to contribute to the Nuclear Waste Fund established 
     by section 302(c) of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10222 (c));
       (7) the technology for long term storage of spent nuclear 
     fuel, including the technology of dry cask storage, has 
     improved dramatically since the enactment of the Nuclear 
     Waste Policy Act of 1982;
       (8) the existing statutory jurisdiction of the Commission, 
     under the Atomic Energy Act of 1954 (42 U.S.C. 2001 et. 
     seq.), the Energy Reorganization Act of 1974 (42 U.S.C. 5801 
     et. seq.), Executive Order 11834 (42 U.S.C. 5801 note), the 
     Nuclear Regulatory Commission Reorganization Plan No. 1 of 
     1980, and the Commission's various authorization Acts 
     includes the jurisdiction to review and evaluate the spent 
     fuel storage capability of commercial nuclear utilities that 
     hold or seek licenses to receive and possess nuclear 
     materials from the Commission;
       (9) commercial nuclear utilities that hold licenses to 
     receive and possess nuclear materials are generally well 
     suited to maintain the institutional capability necessary to 
     become stewards of spent nuclear fuel during a period of 
     interim storage;
       (10) the increased radioactive decay that will occur in 
     spent nuclear fuel that has been stored for interim period 
     prior to the delivery to the Secretary pursuant to section 
     123 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10143) 
     will ease and facilitate its subsequent handling, 
     transportation, and final disposal.

     SEC. 5. AMENDMENTS TO THE NUCLEAR WASTE POLICY ACT OF 1982.

       Section 302 of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10222(a)) is amended by inserting at the end thereof 
     the following new subsection:
       ``(f)(1) After January 31, 1998, if the Secretary does not 
     have a facility available to accept spent fuel from persons 
     holding contracts under this section, those persons may, 
     through credits on fee payments under subsection (a)(2), 
     offset the expense of providing storage of spent fuel 
     generated after that date (including expenses reasonably 
     incurred before that date in anticipation of the necessity of 
     providing such storage) and until the date of the Secretary's 
     first acceptance of that person's spent fuel at a storage or 
     disposal facility authorized by this Act.
       ``(2) The credits described in paragraph (1)--
       ``(A) shall be deducted from each remittance of a person's 
     fee payments to the Nuclear Waste Fund from the time that the 
     person meets the conditions of paragraph (1) until the time 
     that the Secretary first accepts that person's spent fuel at 
     a storage or disposal facility authorized by this Act; and
       ``(B) shall be in an amount determined by the Secretary to 
     reflect the cost of storage qualifying under subsection 
     (f)(1).''

                           Amendment No. 4674

       Strike all after the enacting clause, and insert

     ``SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Independent Spent Nuclear 
     Fuel Storage Act of 1995''.

     SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Findings.
Sec. 5. Amendments to the Nuclear Waste Policy Act of 1982.

     SEC. 3. DEFINITIONS.

       For purposes of this Act--
       (1) the term ``Commission'' means the Nuclear Regulatory 
     Commission; and
       (2) the term ``Secretary'' means the Secretary of the 
     Department of Energy.

     SEC. 4. FINDINGS.

       The Congress finds that--
       (1) By 1998, approximately 45,000 tons of spent nuclear 
     fuel will be stored at commercial nuclear reactors across the 
     nation;
       (2) the deep geologic high level radioactive waste and 
     spent nuclear fuel repository envisioned by the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10101 et. seq.) will not be 
     constructed in time to permit the Secretary to receive and 
     accept high level radioactive waste or spent nuclear fuel as 
     contemplated by sections 123 and 302 of that Act (42 U.S.C. 
     10143, 10222), with the result that the Secretary will be 
     unable to perform contracts executed pursuant to section 
     302(a) of that Act with persons who generate or hold title 
     to high level radioactive waste or spent nuclear fuel;
       (3) there have been no orders for the development or 
     construction of civilian nuclear power generating facilities 
     since the enactment of the Nuclear Waste Policy Act of 1982; 
     several such facilities that were anticipated when the Act 
     was enacted are not operating now;
       (4) it does not now appear that a deep geologic high level 
     radioactive waste and spent nuclear fuel repository will be 
     available before the year 2010 or later;
       (5) by the time a deep geologic repository is available 
     many currently operating commercial nuclear reactors will 
     need spent fuel storage capacity beyond the maximum now 
     available in at-reactor spent fuel storage pools; nuclear 
     utilities have spent and will spend major sums to construct 
     facilities, including dry cask spent fuel storage facilities, 
     for use in the interim before a deep geologic repository is 
     available;
       (6) the sums spent for the purposes described in paragraph 
     (5) are the same funds that commercial nuclear utilities 
     intended to contribute to the Nuclear Waste Fund established 
     by section 302(c) of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10222 (c));
       (7) the technology for long term storage of spent nuclear 
     fuel, including the technology of dry cask storage, has 
     improved dramatically since the enactment of the Nuclear 
     Waste Policy Act of 1982;

[[Page S8039]]

       (8) the existing statutory jurisdiction of the Commission, 
     under the Atomic Energy Act of 1954 (42 U.S.C. 2001 et. 
     seq.), the Energy Reorganization Act of 1974 (42 U.S.C. 5801 
     et. seq.), Executive Order 11834 (42 U.S.C. 5801 note), the 
     Nuclear Regulatory Commission Reorganization Plan No. 1 of 
     1980, and the Commission's various authorization Acts 
     includes the jurisdiction to review and evaluate the spent 
     fuel storage capability of commercial nuclear utilities that 
     hold or seek licenses to receive and possess nuclear 
     materials from the Commission;
       (9) commercial nuclear utilities that hold licenses to 
     receive and possess nuclear materials are generally well 
     suited to maintain the institutional capability necessary to 
     become stewards of spent nuclear fuel during a period of 
     interim storage;
       (10) the increased radioactive decay that will occur in 
     spent nuclear fuel that has been stored for interim periods 
     prior to delivery to the Secretary pursuant to section 123 of 
     the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10143) will 
     ease and facilitate its subsequent handling, transportation, 
     and final disposal.

     SEC. 5. AMENDMENTS TO THE NUCLEAR WASTE POLICY ACT OF 1982.

       Section 302 of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10222 (a)) is amended by inserting at the end thereof 
     the following new subsection:
       ``(f)(1) After January 31, 1998, if the Secretary does not 
     have a facility available to accept spent fuel from persons 
     holding contracts under this section, those persons may, 
     through credits on fee payments under subsection (a)(2), 
     offset the expense of providing storage of spent fuel 
     generated after that that (including expenses reasonably 
     incurred before that date in anticipation of the necessary of 
     providing such storage) and until the date of the Secretary's 
     first acceptance of that person's spent fuel at a storage or 
     disposal facility authorized by this Act.
       ``(2) The credits described in paragraph (1)--
       ``(A) shall be deducted from each remittance of a person's 
     fee payments to the Nuclear Waste Fund from the time that the 
     person meets the conditions of paragraph (1) until the time 
     that the Secretary first accepts that person's spent fuel at 
     a storage or disposal facility authorized by this Act; and
       ``(B) shall be in an amount determined by the Secretary to 
     reflect the cost of storage qualifying under subsection 
     (f)(1).''

                           Amendment No. 4675

       On page 73, strike line 1 though line 13.
                                                                    ____


                           Amendment No. 4676

       On page 40, strike line 9 through line 13.
                                                                    ____


                           Amendment No. 4677

       On page 72, strike line 18 through line 25.
                                                                    ____


                           Amendment No. 4678

       On page 41, line 6, strike ``unreasonable''.
                                                                    ____


                           Amendment No. 4679

       On page 51, strike line 5 through page 54 line 15, and 
     insert
       ``(a) Establishment of Commission.
       (1) In general.--The President, in consultation with the 
     science advisor to the President and the council on 
     environmental quality, shall establish a commission to be 
     known as the ``Nuclear Waste Policy Review Commission'' 
     (referred to in this act as the ``Commission'').
       (2) Representation of interest groups.--The membership and 
     structure of the Commission shall be determined by the 
     President with a view toward providing representation from--
       (A) Environmental groups;
       (B) Consumer groups;
       (C) Taxpayer groups;
       (D) The scientific community, including nuclear-oriented 
     and other fields such as biology and medicine;
       (E) State and local governments;
       (F) Indian tribes;
       (G) Transportation experts;
       (H) Management experts;
       (I) Federal, State, and local regulatory agencies;
       (J) Utilities; and
       (K) Other affected industries.
       (3) Independent status.--The Commission shall be 
     independent of the Department of Energy and other Federal 
     agencies.
       (4) Participation by the public.--The Commission shall hold 
     public meetings and provide full opportunities for 
     participation by all interested parties.
       (b) Issues to be Considered.
       The Commission shall consider all issues related to United 
     States policy concerning high-level, transuranic, low level 
     waste, and other radioactive wastes including--
       (1) various options for high-level radioactive waste 
     storage and disposal, including deep geologic disposal, on-
     site dry storage, monitored retrievable storage, centralized 
     interim storage, or any other options;
       (2) evaluation of the experiences of other countries in 
     storing and disposing of radioactive waste;
       (3) an analysis of funding through the Nuclear Waste Fund 
     established by section 302 of the Nuclear Waste Policy Act of 
     1982 (42 U.S.C. 10222), including fee sufficiency and 
     strategies for providing equity for ratepayer contributions 
     to the Nuclear Waste Fund;
       (4) the siting and characterization process for nuclear 
     waste programs currently in effect and alternatives to those 
     programs;
       (5) technical, managerial, economic, and policy analyses of 
     the nuclear waste inventory of the United States; and
       (6) an examination of the classification system for nuclear 
     waste currently in effect, and options for reclassification.
       (c) Report.
       Not later than 2 years after the date of enactment of this 
     Act, the Commission shall submit to Congress a report on its 
     review under this Act, including recommendations for 
     legislative or other action.
       (d) Moratorium on Issuance of Licenses.
       No Federal agency may issue a license for a facility for 
     the storage or disposal or radioactive waste (except a 
     license for temporary on-site storage) until the date on 
     which the Commission submits its report under section 6.
       (e) Termination of Commission.
       The Commission shall terminate 30 days after the date on 
     which the Commission submits its report under section 6.
       (f) Authorization of Appropriations.
       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.''
                                                                    ____


                           Amendment No. 4680

       On page 51, strike line 5 through page 54 line 15, and 
     insert
       ``(a) Establishment of Commission.
       (1) In general.--The President, in consultation with the 
     science advisor to the President and the Council on 
     Environmental quality, shall establish a commission to be 
     known as the ``Nuclear Waste Policy Review Commission'' 
     (referred to in this Act as the ``Commission'').
       (2) Representation of Interest Groups.--The Membership and 
     structure of the Commission shall be determined by the 
     President with a view toward providing representation from--
       (A) Environmental Groups,
       (B) Consumer groups;
       (C) Taxpayer groups;
       (D) The scientific community, including nuclear-oriented 
     and other fields such as biology and medicine;
       (E) State and local governments;
       (F) Indian tribes;
       (G) Transportation experts;
       (H) Management experts;
       (I) Federal, State, and local regulatory agencies;
       (J) Utilities; and
       (K) Other affected industries.
       (3) Independent Status.--The Commission shall be 
     independent of the Department of Energy and other Federal 
     agencies.
       (4) Participation by The Public.--The Commission shall hold 
     public meetings and provide full opportunities for 
     participation by all interested parties.
       (b) Issues To be Considered.
       The Commission shall consider all issues related to United 
     States policy concerning high-level, traumatic, low-level 
     waste, and other radioactive wastes including--
       (1) various options for high-level radioactive waste 
     storage and disposal, including deep geologic disposal, on-
     site dry storage, monitored retrievable storage, centralized 
     interim storage, or any other options;
       (2) evaluation of the experience of other countries in 
     storing and disposing of radioactive waste;
       (3) an analysis of funding through the Nuclear Waste Fund 
     established by section 302 of the Nuclear Waste Policy Act of 
     1982 (42 U.S.C. 10222), including fee sufficiency and 
     strategies for providing equity for ratepayer contributions 
     to the Nuclear Waste Fund;
       (4) the siting and characterization process for nuclear 
     waste programs currently in effect and alternatives to those 
     programs;
       (5) technical, managerial, economic, and policy analyses of 
     the nuclear waste inventory of the United States; and
       (6) an examination of the classification system for nuclear 
     waste currently in effect, and options for reclassification.
       (c). Report.
       Not later than 2 years after the date of enactment of this 
     Act, the Commission shall submit to Congress a report on its 
     review under this Act, including recommendations for 
     legislative or other action.
       (d) Termination of Commission.
       The Commission shall terminate 30 days after the date on 
     which the Commission submits its report under section 6.
       (e) Authorization of Appropriations.
       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.''
                                                                    ____


                           Amendment No. 4681

       On page 45, line 2, strike ``1,000'' and insert ``20,000''.
                                                                    ____


                           Amendment No. 4682

       On page 45, line 2, strike ``1,000'' and insert ``15,000''.
                                                                    ____


                           Amendment No. 4683

       On page 44, line 15, strike all after ``releases'' through 
     the end of line 23.
                                                                    ____


                           Amendment No. 4684

       On page 44, line 19, strike ``unreasonable''.
                                                                    ____


                           Amendment No. 4685

       On page 44, line 1, strike ``not''.
                                                                    ____


                           Amendment No. 4686

       On page 43, line 21, strike ``not''.
                                                                    ____


                           Amendment No. 4687

       At the appropriate place, insert:

[[Page S8040]]

     SEC.   . TENTH AMENDMENT PROTECTION.

       (a) Findings.--The Congress finds that--
       (1) in most areas of governmental concern, State 
     governments possess both the Constitutional authority and the 
     competence to discern the needs and the desires of the People 
     and to govern accordingly;
       (2) Federal laws and agency regulations, which have 
     interfered with State powers in areas of State jurisdiction, 
     should be restricted to powers delegated to the Federal 
     Government by the Constitution;
       (3) the framers of the Constitution intended to bestow upon 
     the Federal Government only limited authority over the States 
     and the People;
       (4) under the Tenth Amendment to the Constitution, the 
     powers not delegated to the United States by the 
     Constitution, nor prohibited by it to the States, are 
     reserved to the States respectively, or to the people; and
       (5) the courts, which have in general construed the Tenth 
     Amendment not to restrain the Federal Government's power to 
     act in areas of State jurisdiction, should be directed to 
     strictly construe Federal laws and regulations which 
     interfere with State powers with a presumption in favor of 
     State authority and against Federal preemption.
       (b) Limitation.--No preemption of State law under this Act 
     shall be effective until the Secretary has published in the 
     Federal Register a determination demonstrating the 
     Constitutional basis for the preemption. Such determination 
     shall be subject to challenge through the federal court 
     system.
                                                                    ____


                           Amendment No. 4688

       On page 71, strike line 12 through line 21.
                                                                    ____


                           Amendment No. 4689

       At the appropriate place, add:

     SEC.   . SAFE TRANSPORTATION ASSURANCE.

       Notwithstanding any other provision of this Act, no 
     transportation of spent nuclear fuel and high-level nuclear 
     waste shall take place under this Act unless the Secretary 
     has determined through rulemaking that all States, units of 
     local governments, and Indian tribes through whose 
     jurisdiction the Secretary plans to transport spent fuel or 
     high-level radioactive waste have developed and implemented 
     plans to ensure the public safety. Such plans shall include 
     emergency response training, evacuation plans, and any other 
     requirements the Secretary deems necessary. The Secretary 
     shall include in such determination an analysis of the 
     sources of funding for such plans.
                                                                    ____


                           Amendment No. 4690

       Strike section 501.
                                                                    ____


                           Amendment No. 4691

       On page 27, line 17, strike ``1998'' and insert ``2019''.
                                                                    ____


                           Amendment No. 4692

       On page 27, line 17, strike ``1998'' and insert ``2018''.
                                                                    ____


                           Amendment No. 4693

       On page 27, line 17, strike ``1998'' and insert ``2017''.
                                                                    ____


                           Amendment No. 4694

       On page 27, line 17, strike ``1998'' and insert ``2016''.
                                                                    ____


                           Amendment No. 4695

       On page 27, line 17, strike ``1998'' and insert ``2015''.
                                                                    ____


                           Amendment No. 4696

       On page 27, line 17, strike ``1998'' and insert ``2014''.
                                                                    ____


                           Amendment No. 4697

       On page 27, line 17, strike ``1998'' and insert ``2013''.
                                                                    ____


                           Amendment No. 4698

       On page 27, line 17, strike ``1998'' and insert ``2012''.
                                                                    ____


                           Amendment No. 4699

       On page 27, line 17, strike ``1998'' and insert ``2011''.
                                                                    ____


                           Amendment No. 4700

       On page 27, line 17, strike ``1998'' and insert ``2010''.
                                                                    ____


                           Amendment No. 4701

       Strike all after the enacting clause, and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Nuclear Waste Independent 
     Review Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) despite the enactment of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10101 et seq.), ratepayer contributions to 
     the Nuclear Waste Fund established by section 302 of the Act 
     (42 U.S.C. 10222) of over $6,000,000,000, and expenditures of 
     over $4,000,000,000, the high-level radioactive waste program 
     is behind scheduled and is the subject of numerous 
     fundamental controversies, including the very concept of deep 
     geologic storage;
       (2) the Federal Government's only proposed transuranic 
     waste disposal facility, the Waste Isolation Pilot Plant 
     (WIPP), is beset with unresolved engineering, geologic, and 
     certification problems and suffers from cost overruns;
       (3) Federal and State efforts to site low-level radioactive 
     waste disposal sites have failed in many instances because of 
     technical problems and public opposition; and
       (4) there has never been a comprehensive independent review 
     of Federal nuclear waste policies.

     SEC. 3. PURPOSE.

       The purpose of this Act is to establish a commission to 
     conduct a full independent review of United States nuclear 
     waste policy.

     SEC. 4. ESTABLISHMENT OF COMMISSION.

       (a) In General.--The President, in consultation with the 
     science advisor to the President and the Council on 
     Environmental Quality, shall establish a commission to be 
     known as the ``Nuclear Waste Policy Review Commission'' 
     (referred to in this act as the ``Commission'').
       (b) Representation of Interest Groups.--The membership and 
     structure of the Commission shall be determined by the 
     President with a view towards providing representation from--
       (1) environmental groups;
       (2) consumer groups;
       (3) taxpayer groups;
       (4) the scientific community, including nuclear-oriented 
     and other fields such as biology and medicine;
       (5) State and local governments;
       (6) Indian tribes;
       (7) transportation experts;
       (8) management experts;
       (9) Federal, State, and local regulatory agencies;
       (10) utilities; and
  (11) other affected industries.
       (c) Independent Status.--The Commission shall be 
     independent of the Department of Energy and other Federal 
     agencies.
       (d) Participation by the Public.--The Commission shall hold 
     public meetings and provide full opportunities for 
     participation by all interested parties.

     SEC. 5. ISSUES TO BE CONSIDERED.

       The Commission shall consider all issues related to United 
     States policy concerning high-level, transuranic, low-level 
     waste, and other radioactive wastes including--
       (1) various options for high-level radioactive waste 
     storage and disposal, including deep geologic disposal, on-
     site dry storage, monitored retrievable storage, centralized 
     interim storage, or any other options;
       (2) evaluation of the experiences of other countries in 
     storing and disposing of radioactive waste;
       (3) an analysis of funding through the Nuclear Waste Fund 
     established by section 302 of the Nuclear Waste Policy Act of 
     1982 (42 U.S.C. 10222), including fee sufficiency and 
     strategies for providing equity for ratepayer contributions 
     to the Nuclear Waste Fund;
       (4) the siting and characterization process for nuclear 
     waste programs currently in effect and alternatives to those 
     programs;
       (5) technical, managerial, economic, and policy analyses of 
     the nuclear waste inventory of the United States; and
       (6) an examination of the classification system for nuclear 
     waste currently in effect, and options for reclassification.

     SEC. 6. REPORT.

       Not later than 2 years after the date of enactment of this 
     Act, the Commission shall submit to Congress a report on its 
     review under this Act, including recommendations for 
     legislative or other action.

     SEC. 7 MORATORIUM ON ISSUANCE OF LICENSES.

       No Federal agency may issue a license for a facility for 
     the storage or disposal of radioactive waste (except a 
     license for temporary on-site storage) until the date on 
     which the Commission submits its report under section 6.

     SEC. 8. TERMINATION OF COMMISSION.

       The commission shall terminate 30 days after the date on 
     which the Commission submits its report under section 6.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                                                    ____


                           Amendment No. 4702

       At the appropriate place, insert:

     SEC.   . FISCAL RESPONSIBILITY LIMITATION.

       Nothwithstanding any other provision of this Act, no funds 
     authorized under this Act shall be expended in any fiscal 
     year during which the Secretary does not publish in the 
     Federal Register a fee sufficiency report which demonstrates 
     that contract holders will pay the full cost of the storage 
     and disposal of all spent nuclear fuel and high-level 
     radioactive waste produced in relation to civilian nuclear 
     power reactors. Such report shall include the estimated total 
     life cycle cost of all expenditures authorized by this Act, 
     the estimated total payments of contract holders to the 
     Nuclear Waste Fund, the estimated proportionate share of the 
     total life cycle cost attributable to disposal, storage, and 
     transportation of spent nuclear fuel and high-level 
     radioactive waste produced by contract holders, and the 
     surplus or shortfall of contract holders' payments versus 
     proportionate share of the costs.
                                                                    ____


                           Amendment No. 4703

     SEC.   . LIMITATION.

       Notwithstanding any other provisions of this Act, no 
     facility for the interim storage of spent nuclear fuel or 
     high-level radioactive waste shall be sited in a State under 
     consideration as a site for a permanent repository.
                                                                    ____


                           Amendment No. 4704

       Strike section 502.

[[Page S8041]]



                           Amendment No. 4705

       On page 74, strike line 1 through line 3.
                                                                    ____


                           Amendment No. 4706

       On page 73, line 21, strike all after ``system.'' through 
     page 74, line 3.
                                                                    ____


                           Amendment No. 4707

       On page 73, strike line 17 through the word ``system.'' on 
     line 21.
                                                                    ____


                           Amendment No. 4708

       On page 72, strike section 404.
                                                                    ____


                           Amendment No. 4709

       On page 27, line 8, strike ``1999'' and insert ``2025''.
                                                                    ____


                           Amendment No. 4710

       On page 27, line 8, strike ``1999'' and insert ``2024''.
                                                                    ____


                           Amendment No. 4711

       On page 27, line 8, strike ``1999'' and insert ``2023''.
                                                                    ____


                           Amendment No. 4712

       On page 27, line 8, strike ``1999'' and insert ``2022''.
                                                                    ____


                           Amendment No. 4713

       On page 27, line 8, strike ``1999'' and insert ``2021''.
                                                                    ____


                           Amendment No. 4714

       On page 27, line 8, strike ``1999'' and insert ``2020''.
                                                                    ____


                           Amendment No. 4715

       On page 27, line 8, strike ``1999'' and insert ``2019''.
                                                                    ____


                           Amendment No. 4716

       On page 27, line 8, strike ``1999'' and insert ``2018''.
                                                                    ____


                           Amendment No. 4717

       On page 27, line 8, strike ``1999'' and insert ``2017''.
                                                                    ____


                           Amendment No. 4718

       On page 27, line 8, strike ``1999'' and insert ``2016''.
                                                                    ____


                           Amendment No. 4719

       On page 31, line 5, strike ``1999'' and insert ``2021''.
                                                                    ____


                           Amendment No. 4720

       On page 45, line 21, strike ``the average for''.
                                                                    ____


                           Amendment No. 4721

       On page 45, line 22, strike all after ``site.'' through the 
     end of line 25.
                                                                    ____


                           Amendment No. 4722

       On page 34, strike from line 21 through page 35, line 12.
                                                                    ____


                           Amendment No. 4723

       On page 45, line 1, strike ``reasonable''.
                                                                    ____


                           Amendment No. 4724

       On page 45, line 10, strike ``not''.
                                                                    ____


                           Amendment No. 4725

       On page 27, line 17, strike ``1998'' and insert ``2022''.
                                                                    ____


                           Amendment No. 4726

       On page 31, line 5, strike ``1999'' and insert ``2017''.
                                                                    ____


                           Amendment No. 4727

       On page 26, line 25, strike ``of spent nuclear fuel and''.
                                                                    ____


                           Amendment No. 4728

       On page 27, line 7, strike all after ``Act.'' through page 
     32, line 18.
                                                                    ____


                           Amendment No. 4729

       On page 34, strike line 15 through line 18.
                                                                    ____


                           Amendment No. 4730

       On page 33, strike line 10 through line 19.
                                                                    ____


                           Amendment No. 4731

       On page 31, line 5, strike ``1999'' and insert ``2025''.
                                                                    ____


                           Amendment No. 4732

       On page 46, strike from line 1 through line 14.
                                                                    ____


                           Amendment No. 4733

       On page 31, line 5, strike ``1999'' and insert ``2016''.
                                                                    ____


                           Amendment No. 4734

       On page 27, line 17, strike ``1998'' and insert ``2020''.
                                                                    ____


                           Amendment No. 4735

       On page 47, line 23, strike all after ``(b)(3).'' through 
     page 48, line 10.
                                                                    ____


                           Amendment No. 4736

       On page 47, line 12, strike ``not.''
                                                                    ____


                           Amendment No. 4737

       On page 45, strike line 10 through 15.
                                                                    ____


                           AMENDMENT NO. 4738

       On page 56, line 1, strike ``local''.
                                                                    ____


                           AMENDMENT NO. 4739

       On page 55, line 23, strike ``local''.
                                                                    ____


                           AMENDMENT NO. 4740

       On page 31, line 18, strike ``15,000'' and insert ``400''.
                                                                    ____


                           AMENDMENT NO. 4741

       On page 63, strike line 7 through line 25.
                                                                    ____


                           AMENDMENT NO. 4742

       On page 62, line 15, strike all after ``shall be'' through 
     the word ``exceed'' on page 63, line 5.
                                                                    ____


                           AMENDMENT NO. 4743

       On page 62, line 8, strike ``and sold between January 7, 
     1983, and September 30, 2002,''.
                                                                    ____


                           AMENDMENT NO. 4744

       On page 60, line 9, strike ``the County of Nye,''.
                                                                    ____


                           AMENDMENT NO. 4745

       On page 59, line 15, strike ``the County of Nye''.
                                                                    ____


                           AMENDMENT NO. 4746

       On page 31, line 5, strike ``1999'' and insert ``2019''.
                                                                    ____


                           AMENDMENT NO. 4747

       On page 27, line 17, strike ``1998'' and insert ``2021''.
                                                                    ____


                           AMENDMENT NO. 4748

       On page 31, line 18, strike ``15,000'' and insert ``900''.
                                                                    ____


                           AMENDMENT NO. 4749

       On page 57, line 19, strike ``local''.
                                                                    ____


                           AMENDMENT NO. 4750

       On page 31, line 5, strike ``1999'' and insert ``2018''.
                                                                    ____


                           Amendment No. 4751

       On page 31, line 18, strike ``15,000'' and insert ``750''.
                                                                    ____


                           Amendment No. 4752

       On page 58, line 22, strike ``None of the''.
                                                                    ____


                           Amendment No. 4753

       On page 58, strike line 1 through line 20.
                                                                    ____


                           Amendment No. 4754

       On page 55, line 16, strike ``local''.
                                                                    ____


                           Amendment No. 4755

       On page 56, line 22, strike ``local''.
                                                                    ____


                           Amendment No. 4756

       On page 56, line 19, strike ``local''.
                                                                    ____


                           Amendment No. 4757

       On page 56, line 14, strike ``local''.
                                                                    ____


                           Amendment No. 4758

       On page 56, line 4, strike ``local''.
                                                                    ____


                           Amendment No. 4759

       On page 31, line 5, strike ``1999'' and insert ``2020''.
                                                                    ____


                           Amendment No. 4760

       On page 31, line 5, strike ``1999'' and insert ``2022''.
                                                                    ____


                           Amendment No. 4761

       On page 31, line 18, strike ``15,000'' and insert ``320''.
                                                                    ____


                           Amendment No. 4762

       On page 31, line 18, strike ``15,000'' and insert ``200''.
                                                                    ____


                           Amendment No. 4763

       On page 31, line 18, strike ``15,000'' and insert ``100''.
                                                                    ____


                           Amendment No. 4764

       On page 31, line 5, strike ``1999'' and insert ``2024''.
                                                                    ____


                           Amendment No. 4765

       On page 31, line 5, strike ``1999'' and insert ``2023''.
                                                                    ____


                           Amendment No. 4766

       On page 31, line 18, strike ``15,000'' and insert ``300''.
                                                                    ____


                           Amendment No. 4767

       On page 65, line 1, strike ``long-term storage and''.
                                                                    ____


                           Amendment No. 4768

       Strike from page 62, line 6 through page 63, page 22.
                                                                    ____


                           Amendment No. 4769

       On page 63, strike line 7 through line 22.
                                                                    ____


                           Amendment No. 4770

       On page 63, line 5, strike ``1.0'' and insert ``5.0''.
                                                                    ____


                           Amendment No. 4771

       On page 64, line 21, strike ``2002'' and insert ``1996''.

[[Page S8042]]



                           Amendment No. 4772

       On page 31, line 18, strike ``15,000'' and insert ``830''.
                                                                    ____


                           Amendment No. 4773

       On page 31, line 18, strike ``15,000'' and insert ``240''.
                                                                    ____


                           Amendment No. 4774

       On page 31, line 18, strike ``15,000'' and insert ``500''.
                                                                    ____


                           Amendment No. 4775

       On page 27, line 8, strike ``1999'' and insert ``2015''.
                                                                    ____


                           Amendment No. 4776

       On page 27, line 8, strike ``1999'' and insert ``2014''.
                                                                    ____


                           Amendment No. 4777

       On page 27, line 8, strike ``1999'' and insert ``2013''.
                                                                    ____


                           Amendment No. 4778

       On page 27, line 8, strike ``1999'' and insert ``2012''.
                                                                    ____


                           Amendment No. 4779

       At the appropriate place, add

     ``SEC.   . RATEPAYER EQUITY.

       (a) After January 31, 1998, if the Secretary does not have 
     a facility available to accept spent fuel from persons 
     holding contracts under this section, those persons may, 
     through credits on fee payments under subsection (b), offset 
     the expenses of providing storage of spent fuel generated 
     after that date (including expenses reasonably incurred 
     before that date in anticipation of the necessity of 
     providing such storage) and until the date of the Secretary's 
     first acceptance of that person's spent fuel at a storage or 
     disposal facility authorized by this Act.
       (b) The credits described in paragraph (1)--
       ``(A) shall be deducted from each remittance of a person's 
     fee payments to the Nuclear Waste Fund from the time that the 
     person meets the conditions of paragraph (1) until the time 
     that the Secretary first accepts that person's spent fuel at 
     a storage or disposal facility authorized by this Act; and
       ``(B) shall be in an amount determined by the Secretary to 
     reflect the cost of storage qualifying under subsection 
     (a).''
                                                                    ____


                           Amendment No. 4780

       At the appropriate place, add

     ``SEC.  . INDEPENDENT REVIEW.

       (a) Establishment of Commission.
       (1) In General.--The President, in consultation with the 
     Science Advisor to the President and the Council on 
     Environmental Quality, shall establish a commission to be 
     known as the ``Nuclear Waste Policy Review Commission'' 
     (Referred to in this act as the ``Commission'').
       (2) Representation of Interest Groups.--The membership and 
     structure of the Commission shall be determined by the 
     President with a view towards providing representation from--
       (A) Environmental groups;
       (B) Consumer groups;
       (C) Taxpayer groups;
       (D) The scientific community, including nuclear-oriented 
     and other fields such as biology and medicine;
       (E) State and local governments;
       (F) Indian tribes;
       (G) Transportation experts;
       (H) Management experts;
       (I) Federal, state, and local regulatory agencies;
       (J) Utilities; and
                                                                    ____


                           Amendment No. 4781

       On page 31, line 5, strike ``1999'' and insert ``2015''.
                                                                    ____


                           Amendment No. 4782

       On page 31, line 5, strike ``1999'' and insert ``2014''.
                                                                    ____


                           Amendment No. 4783

       On page 31, line 5, strike ``1999'' and insert ``2013''.
                                                                    ____


                           Amendment No. 4784

       On page 27, line 17, strike ``1998'' and insert ``2024''.
                                                                    ____


                           Amendment No. 4785

       On page 31, line 18, strike all after ``MTU.'' through line 
     22.
                                                                    ____


                           Amendment No. 4786

       On page 32, line 15, strike after ``2002.'' though the end 
     of line 18.
                                                                    ____


                           Amendment No. 4787

       On page 23, line 13, strike all after ``(g).'' though the 
     end of line 15.
                                                                    ____


                           Amendment No. 4788

       On page 44, line 17, strike ``100'' and insert ``15''.
                                                                    ____


                           Amendment No. 4789

       On page 44, line 17, strike ``100'' and insert ``25''.
                                                                    ____


                           Amendment No. 4790

       On page 44, strike line 11 through line 23, and insert 
     ``(1) Notwithstanding any other provision of this Act, the 
     Environmental Protection Agency, though its normal rule 
     making process, shall develop standards for protection of the 
     public from release of radioactive material or radioactivity 
     from the repository or any other federal high-level waste 
     facility, including the transportation of high-level waste, 
     which protect, with a high level of confidence, the health 
     and safety of all individuals potentially exposed to such 
     radiation or radioactive materials. The Nuclear Regulatory 
     Commission shall require compliance with such standard as a 
     condition of approving any license for a high-level nuclear 
     waste facility.''
                                                                    ____


                           Amendment No. 4791

       On page 13, strike from line 22 through page 21, line 2.
                                                                    ____


                           Amendment No. 4792

       Strike section 204.
                                                                    ____


                           Amendment No. 4793

       On page 48, strike line 11 through line 14.
                                                                    ____


                           Amendment No. 4794

       On page 48, strike section 206.
                                                                    ____


                           Amendment No. 4795

       On page 31, line 18, strike ``15,000'' and insert ``800''.
                                                                    ____


                           Amendment No. 4796

       On page 27, line 17, strike ``1998'' and insert ``2025''.
                                                                    ____


                           Amendment No. 4797

       At the appropriate place, add the following: 
     ``Notwithstanding any other provision of this Act, the 
     Secretary shall not provide storage or disposal of spent fuel 
     or high-level radioactive waste resulting from operation of 
     civilian nuclear power reactors to any contract holder unless 
     the provisions of this Act provide for full cost recovery to 
     the Treasury of such storage or disposal.''
                                                                    ____


                           Amendment No. 4798

       On page 65, at the end of line 4, add ``No provisions of 
     Title II of this Act shall take effect until all such one-
     time fees have been paid to the Treasury.''
                                                                    ____


                           Amendment No. 4799

       At the appropriate place, add ``No provision of Title II of 
     this Act shall take effect until all fees under Title IV of 
     this Act have been paid to the Treasury.''
                                                                    ____


                           Amendment No. 4800

       On page 64, line 23, strike all after the ``paid.'' through 
     page 65, line 4.
                                                                    ____


                           Amendment No. 4801

       On page 65, strike line 21 through page 66, line 20.
                                                                    ____


                           Amendment No. 4802

       On page 64, line 6, strike ``average''.
                                                                    ____


                           Amendment No. 4803

       On page 11, line 16, strike ``storage and''.
                                                                    ____


                           Amendment No. 4804

       On page 45, line 2, strike ``1,000'' and insert ``35,000''.
                                                                    ____


                           Amendment No. 4805

       On page 45, line 2, strike ``1,000'' and insert ``50,000''.
                                                                    ____


                           Amendment No. 4806

       On page 45, line 2, strike ``1,000'' and insert 
     ``100,000''.
                                                                    ____


                           Amendment No. 4807

       On page 45, line 2, strike ``1,000'' and insert ``15,000''.
                                                                    ____


                           Amendment No. 4808

       On page 45, line 2, strike ``1,000'' and insert 
     ``1,000,000''.
                                                                    ____


                           Amendment No. 4809

       On page 41, line 10, strike ``substantial''.
                                                                    ____


                           Amendment No. 4810

       On page 41, line 21, strike ``unreasonable''.
                                                                    ____


                           Amendment No. 4811

       On page 42, line 18, strike ``unreasonable''.
                                                                    ____


                           Amendment No. 4812

       On page 43, line 2, strike ``unreasonable''.
                                                                    ____


                           Amendment No. 4813

       At the appropriate place, insert the following: ``No 
     provision of this Act shall take effect until the Secretary 
     has determined that contract holders will pay the full cost 
     of the storage and disposal of spent fuel and high-level 
     radioactive waste derived from spent nuclear fuel used to 
     generate electricity in civilian power reactors.''
                                                                    ____


                           Amendment No. 4814

       On page 45, line 2, strike ``1,000'' and insert ``10,000''.
                                                                    ____


                           Amendment No. 4815

       On page 65, line 16, strike ``shall propose an adjustment 
     to'' and insert ``shall adjust''.
                                                                    ____


                           Amendment No. 4816

       On page 31, line 5, strike ``1999'' and insert ``2011''.

[[Page S8043]]



                           Amendment No. 4817

       On page 31, line 18, strike ``15,000'' and insert ``600''.
                                                                    ____


                           Amendment No. 4818

       On page 49, line 10, strike line 4 through line 9.
                                                                    ____


                           Amendment No. 4819

       On page 50, strike line 21 through page 51, line 3.
                                                                    ____


                           Amendment No. 4820

       Strike section 207.
                                                                    ____


                           Amendment No. 4821

       On page 54, line 19, strike ``local''.
                                                                    ____


                           Amendment No. 4822

       On page 54, line 21, strike ``local''.
                                                                    ____


                           Amendment No. 4823

       On page 45, line 2, strike ``1,000'' and insert ``25,000''.
                                                                    ____


                           Amendment No. 4824

       On page 45, line 2, strike ``1,000'' and insert ``30,000''.
                                                                    ____

                                 ______
                                 

                  WELLSTONE AMENDMENTS NOS. 4825-4828

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted four amendments intended to be proposed by 
him to the bill, S. 1936, supra; as follows:

                           Amendment No. 4825

       On page 68, line 5 of the amendment, strike ``years.'' and 
     insert the following: ``years.

     ``SEC. 800.--REQUIREMENT OF DISPOSAL FACILITY.

       ``(a)(1) Notwithstanding any other provision of law, no new 
     civilian nuclear power reactor shall be built until such time 
     as--
       ``(A) there is a facility licensed by the Federal 
     Government for the permanent emplacement of spent nuclear 
     fuel and high-level radioactive waste from the civilian 
     nuclear power reactor; and
       ``(B) there is adequate volume of capacity within the 
     emplacement facility to accept all of the spent nuclear fuel 
     and high-level radioactive waste that will be generated by 
     the civilian nuclear power reactor during the reasonably 
     foreseeable operational lifetime of the civilian nuclear 
     power reactor.
       ``(2) At no time shall the volume of spent fuel and high-
     level radioactive waste generated, or reasonably expected to 
     be generated, by all civilian nuclear power reactors on which 
     construction was begun after the date of enactment of this 
     Act, exceed the volume of capacity available in facilities 
     licensed by the Federal Government for the permanent 
     emplacement of spent nuclear fuel and high-level radioactive 
     waste.
       ``(b) Any affected citizen may enforce the provision in (a) 
     by filing a claim in federal district court in the district 
     in which they reside or in the U.S. District Court for the 
     District of Columbia.''
                                                                    ____


                           Amendment No. 4826

       On page 44 of the amendment, at the end of line 24, insert 
     the following: ``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 a law is enacted 
     disapproving the Secretary's proposed adjustment.''
                                                                    ____


                           Amendment No. 4827

       On page 57 of the amendment, strike lines 16 and 17 and 
     insert in lieu thereof the following: ``Notwithstanding any 
     other provision of this Act or other law or agreement, the 
     Secretary shall not accept title to spent nuclear fuel or 
     high-level nuclear waste generated by a commercial nuclear 
     power reactor unless the Secretary determines that accepting 
     title to the fuel or waste is necessary to enable the 
     Secretary to protect adequately the public health or safety, 
     or the environment. To the extent that the federal government 
     is responsible for personal or property damages arising from 
     such fuel or waste while in the federal government's 
     possession, such liability shall be born by the federal 
     government.''
                                                                    ____


                           Amendment No. 4828

       On page 57 of the amendment, strike lines 16 and 17 and 
     insert in lieu thereof the following: ``Notwithstanding any 
     other provision of this Act (except subsection (b) of this 
     section) or other law or agreement, the Secretary shall not 
     accept title to spent nuclear fuel or high-level nuclear 
     waste generated by a commercial nuclear power reactor unless 
     the Secretary determines that accepting title to the fuel or 
     waste is necessary to enable the Secretary to protect 
     adequately the public health or safety, or the environment. 
     To the extent that the federal government is responsible for 
     personal or property damages arising from such fuel or waste 
     while in the federal government's possession, such liability 
     shall be born by the federal government.''
                                 ______
                                 

                MOSELEY-BRAUN AMENDMENTS NOS. 4829-4830

  (Ordered to lie on the table.)
  Ms. MOSELEY-BRAUN submitted two amendments intended to be proposed by 
her to the bill, S. 1936, supra; as follows:

                           Amendment No. 4829

       On page 21, beginning on line 6, strike ``transport'' and 
     all that follows through the period on line 9 and insert 
     ``transport safely spent nuclear fuel and high-level 
     radioactive waste from sites designated by the contract 
     holders to mainline transportation facilities, using routes 
     that minimize, to the maximum practicable extent, 
     transportation of spent nuclear fuel and high-level 
     radioactive waste through populated areas or sensitive 
     environmental areas, beginning not later than November 30, 
     1999, and, by that date, shall, in consultation with the 
     Secretary of Transportation, develop and implement a 
     comprehensive management plan that ensures the safe 
     transportation of spent nuclear fuel and high-level 
     radioactive waste from the sites designated by the contract 
     holders to the interim storage facility site beginning not 
     later than November 30, 1999.''.
                                                                    ____


                           Amendment No. 4830

       On page 21, line 6, after ``transport'' insert ``safely''.
                                 ______
                                 

                    CHAFEE AMENDMENTS NOS. 4831-4835

  (Ordered to lie on the table.)
  Mr. CHAFEE submitted five amendments intended to be proposed by him 
to the bill, S. 1936, supra; as follows:

                           Amendment No. 4831

       On page 35, lines 4 and 5, strike ``and facility use 
     pursuant to paragraph (d)(2) of this section.''
                                                                    ____


                           Amendment No. 4832

       Beginning on page 43, lines 19 and 20, strike 
     ``Notwithstanding'' all that follows through the period on 
     page 44, line 2.
                                                                    ____


                           Amendment No. 4833

       On page 44, line 4, strike ``solely''.
                                                                    ____


                           Amendment No. 4834

       Beginning on page 73, strike line 16 and all that follows 
     through page 74, line 3, and insert the following:

     ``SEC. 501. COMPLIANCE WITH OTHER LAWS.

       ``If the requirements of any Federal, State, or local law 
     (including a requirement imposed by regulation or by any 
     other means under such a law) are inconsistent with or 
     duplicative of the requirements of the Atomic Energy Act of 
     1954 (42 U.S.C. 2011 et seq.) or of this Act, the Secretary 
     shall comply only with the requirements of the Atomic Energy 
     Act of 1954 and of this Act in implementing the integrated 
     management system.
                                                                    ____


                           Amendment No. 4835

       On page 35, line 3, strike ``the construction and operation 
     of any facility,''.
                                 ______
                                 

                  MURKOWSKI AMENDMENTS NOS. 4836-4845

  (Ordered to lie on the table.)
  Mr. MURKOWSKI submitted 10 amendments intended to be proposed by him 
to the bill, S. 1936, supra; as follows:

                           Amendment No. 4836

       On page 24, beginning on line 8, strike ``(f) Employee 
     Protection--'' and all that follows through ``and 232.'' on 
     line 19, and insert:
       ``(f) Employee Protection.--Any person engaged in the 
     interstate commerce of spent nuclear fuel or high-level 
     radioactive waste under contract to the Secretary pursuant to 
     this act shall be subject to and comply fully with employee 
     protection provisions of 49 U.S.C. 20109 and 49 U.S.C. 31105; 
     and qualified persons shall be designated to perform the 
     inspection and testing of trains under the provisions of 49 
     CFR 215 and 232 and shall be trained pursuant to the standard 
     required by section 203(g).''.
                                                                    ____


                           Amendment No. 4837

       On page 3, lines 15-16, strike ``such a facility'' and 
     insert ``an interim storage facility or a repository''.
                                                                    ____


                           Amendment No. 4838

       On page 5, line 21, strike ``permit'' and insert 
     ``permits''.
                                                                    ____


                           Amendment No. 4839

       On page 11, line 12, strike ``respository'' and insert 
     ``repository''.
                                                                    ____


                           Amendment No. 4840

       On page 11, line 21, strike ``for storage''.
                                                                    ____


                           Amendment No. 4841

       At page 68, beginning on line 2, strike ``subsection (d)'' 
     and insert ``subsections (d) and (e)''.
                                                                    ____


                           Amendment No. 4842

       On page 14, line 12, after ``Secretary,'' insert ``or along 
     such other route designate by the Secretary,''.
                                                                    ____


                           Amendment No. 4843

       On page 12, line 24, strike ``Spent Nuclear Fuel''.

[[Page S8044]]



                           Amendment No. 4844

       On page 14, line 12, after ``Secretary,'' insert ``or along 
     such other route designated by the Secretary,''.
                                                                    ____


                           Amendment No. 4845

       Strike all after the enacting clause and insert in lieu 
     thereof the following:
     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 1996'.
       ``(b) Table of Contents.--

``Sec. 1. Short title and table of contents.
``Sec. 2. Definitions.

                         ``TITLE I--OBLIGATIONS

``Sec. 101. Obligations of the Secretary of Energy.

                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

``Sec. 201. Intermodal transfer.
``Sec. 202. Transportation planning.
``Sec. 203. Transportation requirements.
``Sec. 204. Interim storage.
``Sec. 205. Permanent repository.
``Sec. 206. Land withdrawal.
``Sec. 207. Permanent disposal alternatives.

                      ``TITLE III--LOCAL RELATIONS

``Sec. 301. Financial assistance.
``Sec. 302. On-site representative.
``Sec. 303. Acceptance of benefits.
``Sec. 304. Restrictions on use of funds.
``Sec. 305. Land conveyances.

                  ``TITLE IV--FUNDING AND ORGANIZATION

``Sec. 401. Program funding.
``Sec. 402. Office of Civilian Radioactive Waste Management.
``Sec. 403. Federal contribution.
``Sec. 404. Budget priorities.

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``Sec. 501. Compliance with other laws.
``Sec. 502. Judicial review of agency actions.
``Sec. 503. Licensing of facility expansions and transshipments.
``Sec. 504. Siting a second repository.
``Sec. 505. Financial arrangements for low-level radioactive waste site 
              closure.
``Sec. 506. Nuclear Regulatory Commission training authority.
``Sec. 507. Emplacement schedule.
``Sec. 508. Transfer of title.
``Sec. 509. Decommissioning pilot program.
``Sec. 510. Water rights.

            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

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

                     ``TITLE VII--MANAGEMENT REFORM

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

     ``SECTION 2. DEFINITIONS.

       ``For purposes of this Act:
       ``(1) Accept, acceptance.--The terms `accept' and 
     `acceptance' mean the Secretary's act of taking possession of 
     spent nuclear fuel or high-level radioactive waste.
       ``(2) Affected indian tribe.--The term `affected Indian 
     tribe' means any Indian tribe--
       ``(A) whose reservation is surrounded by or borders an 
     affected unit of local government, or
       ``(B) whose federally defined possessory or usage rights to 
     other lands outside of the reservation's boundaries arising 
     out of congressionally ratified treaties may be substantially 
     and adversely affected by the locating of an interim storage 
     facility or a repository if the Secretary of the Interior 
     finds, upon the petition of the appropriate governmental 
     officials of the tribe, that such effects are both 
     substantial and adverse to the tribe.
       ``(3) Affected unit of local government.--The term 
     `affected unit of local government' means the unit of local 
     government with jurisdiction over the site of a 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.
       ``(4) Atomic energy defense activity.--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.
       ``(5) Civilian nuclear power reactor.--The term `civilian 
     nuclear power reactor' means a civilian nuclear power plant 
     required to be licensed under section 103 or 104 b. of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
       ``(6) Commission.--The term `Commission' means the Nuclear 
     Regulatory Commission.
       ``(7) Contracts.--The term `contracts' means the contracts, 
     executed prior to the date of enactment of the Nuclear Waste 
     Policy Act of 1996, under section 302(a) of the Nuclear Waste 
     Policy Act of 1982, by the Secretary and any person who 
     generates or holds title to spent nuclear fuel or high-level 
     radioactive waste of domestic origin for acceptance of such 
     waste or fuel by the Secretary and the payment of fees to 
     offset the Secretary's expenditures, and any subsequent 
     contracts executed by the Secretary pursuant to section 
     401(a) of this Act.
       ``(8) Contract holders.--The term `contract holders' means 
     parties (other than the Secretary) to contracts.
       ``(9) Department.--The term `Department' means the 
     Department of Energy.
       ``(10) Disposal.--The term `disposal' means the emplacement 
     in a repository of spent nuclear fuel, high-level radioactive 
     waste, or other highly radioactive material with no 
     foreseeable intent of recovery, whether or not such 
     emplacement permits recovery of such material for any future 
     purpose.
       ``(11) Disposal system.--The term `disposal system' means 
     all natural barriers and engineered barriers, and engineered 
     systems and components, that prevent the release of 
     radionuclides from the repository.
       ``(12) Emplacement schedule.--The term `emplacement 
     schedule' means the schedule established by the Secretary in 
     accordance with section 507(a) for emplacement of spent 
     nuclear fuel and high-level radioactive waste at the interim 
     storage facility.
       ``(13) Engineered barriers and engineered systems and 
     components.--The terms `engineered barriers' and `engineered 
     systems and components,' means man-made components of a 
     disposal system. These terms include the spent nuclear fuel 
     or high-level radioactive waste form, spent nuclear fuel 
     package or high-level radioactive waste package, and other 
     materials placed over and around such packages.
       ``(14) High-level radioactive waste.--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, which includes any low-level 
     radioactive waste with concentrations of radionuclides that 
     exceed the limits established by the Commission for class C 
     radioactive waste, as defined by section 61.55 of title 10, 
     Code of Federal Regulations, as in effect on January 26, 
     1983.
       ``(15) Federal agency.--The term `Federal agency' means any 
     Executive agency, as defined in section 105 of title 5, 
     United States Code.
       ``(16) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community of Indians recognized as eligible for the services 
     provided to Indians by the Secretary of the Interior because 
     of their status as Indians including any Alaska Native 
     village, as defined in section 3(c) of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602(c)).
       ``(17) Integrated management system.--The term `integrated 
     management system' means the system developed by the 
     Secretary for the acceptance, transportation, storage, and 
     disposal of spent nuclear fuel and high-level radioactive 
     waste under title II of this Act.
       ``(18) Interim storage facility.--The term `interim storage 
     facility' means a facility designed and constructed for the 
     receipt, handling, possession, safeguarding, and storage of 
     spent nuclear fuel and high-level radioactive waste in 
     accordance with title II of this Act.
       ``(19) Interim storage facility site.--The term `interim 
     storage facility site' means the specific site within area 25 
     of the Nevada test site that is designated by the Secretary 
     and withdrawn and reserved in accordance with this Act for 
     the location of the interim storage facility.
       ``(20) Low-level radioactive waste.--The term `low-level 
     radioactive waste' means radioactive material that--
       ``(A) is not spent nuclear fuel, high-level radioactive 
     waste, transuranic waste, or byproduct material as defined in 
     section 11 e.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 
     2014(e)(2)); and
       ``(B) the Commission, consistent with existing law, 
     classifies as low-level radioactive waste.
       ``(21) Metric tons uranium.--The term `metric tons uranium' 
     and `MTU' means the amount of uranium in the original 
     unirradiated fuel element whether or not the spent nuclear 
     fuel has been reprocessed.
       ``(22) Nuclear waste fund.--The term `Nuclear Waste Fund' 
     and `waste fund' means the nuclear waste fund established in 
     the United States Treasury prior to the date of enactment of 
     this Act under section 302 (c) of the Nuclear Waste Policy 
     Act of 1982.
       ``(23) Office.--The term `Office' means the Office of 
     Civilian Radioactive Waste Management established within the 
     Department prior to the date of enactment of this Act under 
     the provisions of the Nuclear Waste Policy Act of 1982.
       ``(24) Program approach.--The term `program approach' means 
     the Civilian Radioactive Waste Management Program Plan, dated 
     May 6, 1996, as modified by this Act, and as amended from 
     time to time by the Secretary in accordance with this Act.

[[Page S8045]]

       ``(25) Repository.--The term `repository' means a system 
     designed and constructed under title II of this Act for the 
     geologic disposal of spent nuclear fuel and high-level 
     radioactive waste, including both surface and subsurface 
     areas at which spent nuclear fuel and high-level radioactive 
     waste receipt, handling, possession, safeguarding, and 
     storage are conducted.
       ``(26) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(27) Site characterization.--The term `site 
     characterization' means activities, whether in a laboratory 
     or in the field, undertaken to establish the geologic 
     condition and the ranges of the parameters of a candidate 
     site relevant to the location of a repository, including 
     borings, surface excavations, excavations of exploratory 
     facilities, limited subsurface lateral excavations and 
     borings, and in situ testing needed to evaluate the 
     licensability of a candidate site for the location of a 
     repository, but not including preliminary borings and 
     geophysical testing needed to assess whether site 
     characterization should be undertaken.
       ``(28) Spent nuclear fuel.--The term `spent nuclear fuel' 
     means fuel that has been withdrawn from a nuclear reactor 
     following irradiation, the constituent elements of which have 
     not been separated by reprocessing.
       ``(29) Storage.--The term `storage' means retention of 
     spent nuclear fuel or high-level radioactive waste with the 
     intent to recover such waste or fuel for subsequent use, 
     processing, or disposal.
       ``(30) Withdrawal.--The term `withdrawal' has the same 
     definition as that set forth in section 103(j) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702(j)).
       ``(31) Yucca mountain site.--The term `Yucca Mountain site' 
     means the area in the State of Nevada that is withdrawn and 
     reserved in accordance with this Act for the location of a 
     repository.

                         ``TITLE I--OBLIGATIONS

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

       ``(a) Disposal.--The Secretary shall develop and operate an 
     integrated management system for the storage and permanent 
     disposal of spent nuclear fuel and high-level radioactive 
     waste.
       ``(b) Interim Storage.--The Secretary shall store spent 
     nuclear fuel and high-level radioactive waste from facilities 
     designated by contract holders for storage at an interim 
     storage facility pursuant to section 204 in accordance with 
     the emplacement schedule, beginning not later than November 
     30, 1999.
       ``(c) Transportation.--The Secretary shall provide for the 
     transportation of spent nuclear fuel and high-level 
     radioactive waste accepted by the Secretary. The Secretary 
     shall procure all systems and components necessary to 
     transport spent nuclear fuel and high-level radioactive waste 
     from facilities designated by contract holders to and among 
     facilities comprising the Integrated Management System. 
     Consistent with the Buy American Act (41 U.S.C. 10a-10c), 
     unless the Secretary shall determine it to be inconsistent 
     with the public interest, or the cost to be unreasonable, all 
     such systems and components procured by the Secretary shall 
     be manufactured in the United States, with the exception of 
     any transportable storage systems purchased by contract 
     holders prior to the effective date of the Nuclear Waste 
     Policy Act of 1996 and procured by the Secretary from such 
     contract holders for use in the integrated management system.
       ``(d) Integrated Management System.--The Secretary shall 
     expeditiously pursue the development of each component of the 
     integrated management system, and in so doing shall seek to 
     utilize effective private sector management and contracting 
     practies.
       ``(e) Private Sector Participation.--In administering the 
     Integrated Spent Nuclear Fuel Management System, the 
     Secretary shall, to the maximum extent possible, 
     utilize, employ, procure and contract with, the private 
     sector to fulfill the Secretary's obligations and 
     requirements under this Act.
       ``(f) Pre-Existing Rights.--Nothing in this Act is intended 
     to or shall be construed to modify--
       ``(1) any right of a contract holder under section 302(a) 
     of the Nuclear Waste Policy Act of 1982, or under a contract 
     executed prior to the date of enactment of this Act under 
     that section; or
       ``(2) obligations imposed upon the Federal Government by 
     the United States District Court of Idaho in an order entered 
     on October 17, 1995 in United States v. Batt (No. 91-0054-S-
     EJL).
       ``(g) Liability.--Subject to any valid existing right under 
     subsection (f), nothing in this Act shall be construed to 
     subject the United States to financial liability for the 
     Secretary's failure to meet any deadline for the acceptance 
     or emplacement of spent nuclear fuel or high-level 
     radioactive waste for storage or disposal under this Act.

                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

     ``SEC. 201. INTERMODAL TRANSFER.

       ``(a) Access.--The Secretary shall utilize heavy-haul truck 
     transport to move spent nuclear fuel and high-level 
     radioactive waste from the mainline rail line at Caliente, 
     Nevada, to the interim storage facility site.
       ``(b) Capability Date.--The Secretary shall develop the 
     capability to commence rail to truck intermodal transfer at 
     Caliente, Nevada, no later than November 30, 1999. Intermodal 
     transfer and related activities are incidental to the 
     interstate transportation of spent nuclear fuel and high-
     level radioactive waste.
       ``(c) Acquisitions.--The Secretary shall acquire lands and 
     rights-of-way along the `Chalk Mountain Heavy Haul Route' 
     depicted on the map dated March 13, 1996, and on file with 
     the Secretary, necessary to commence intermodal transfer at 
     Caliente, Nevada.
       ``(d) Replacements.--The Secretary shall acquire and 
     develop on behalf of, and dedicate to, the City of Caliente, 
     Nevada, parcels of land and right-of-way within Lincoln 
     County, Nevada, as required to facilitate replacement of land 
     and city wastewater disposal facilities necessary to commence 
     intermodal transfer pursuant to this Act. Replacement of land 
     and city wastewater disposal activities shall occur no later 
     than November 30, 1999.
       ``(e) Notice and Map.--Within 6 months of the date of 
     enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary shall--
       ``(1) publish in the Federal Register a notice containing a 
     legal description of the sites and rights-of-way to be 
     acquired under this subsection; and
       ``(2) file copies of a map of such sites and rights-of-way 
     with the Congress, the Secretary of the Interior, the State 
     of Nevada, the Archivist of the United States, the Board of 
     Lincoln County Commissioners, the Board of Nye County 
     Commissioners, and the Caliente City Council.
     Such map and legal description shall have the same force and 
     effect as if they were included in this Act. The Secretary 
     may correct clerical and typographical errors and legal 
     descriptions and make minor adjustments in the boundaries.
       ``(f) Improvements.--The Secretary shall make improvements 
     to existing roadways selected for heavy-haul truck transport 
     between Caliente, Nevada, and the interim storage facility 
     site as necessary to facilitate year-round safe transport of 
     spent nuclear fuel and high-level radioactive waste.
       ``(g) Local Government Involvement.--The Commission shall 
     enter into a Memorandum of Understanding with the City of 
     Caliente and Lincoln County, Nevada, to provide advice to the 
     Commission regarding intermodal transfer and to facilitate 
     on-site representation. Reasonable expenses of such 
     representation shall be paid by the Secretary.
       ``(h) Benefits Agreement.--
       ``(1) In general.--The Secretary shall offer to enter into 
     an agreement with Lincoln County, Nevada, concerning the 
     integrated management system.
       ``(2) Agreement content.--Any agreement shall contain such 
     terms and conditions, including such financial and 
     institutional arrangements, as the Secretary and agreement 
     entity determine to be reasonable and appropriate and shall 
     contain such provisions as are necessary to preserve any 
     right to participation or compensation of Lincoln County, 
     Nevada.
       ``(3) Amendment.--An agreement entered into under this 
     subsection may be amended only with the mutual consent of the 
     parties to the amendment and terminated only in accordance 
     with paragraph (4).
       ``(4) Termination.--The Secretary shall terminate the 
     agreement under this subsection if any major element of the 
     integrated management system may not be completed.
       ``(5) Limitation.--Only one agreement may be in effect at 
     any one time.
       ``(6) Judicial review.--Decisions of the Secretary under 
     this section are not subject to judicial review.
       ``(i) Content of Agreement.--
       ``(1) Schedule.--In addition to the benefits to which 
     Lincoln County is entitled to under this title, the Secretary 
     shall make payments under the benefits agreement in 
     accordance with the following schedule:

                          ``Benefits Schedule

                        ``(Amounts in millions)

``Event                                                         Payment
  ``(A) Annual payments prior to first receipt of spent fuel.......$2.5
  ``(B) Annual payments beginning upon first spent fuel receipt.....5  
  ``(C) Payment upon closure of the intermodal transfer facility....5  

       ``(2) Definitions.--For purposes of this section, the 
     term--
       ``(A) `spent fuel' means high-level radioactive waste or 
     spent nuclear fuel; and
       ``(B) `first spent fuel receipt' does not include receipt 
     of spent fuel or high-level radioactive waste for purposes of 
     testing or operational demonstration.
       ``(3) Annual payments.--Annual payments prior to first 
     spent fuel receipt under paragraph (1)(A) shall be made on 
     the date of execution of the benefits agreement and 
     thereafter on the anniversary date of such execution. Annual 
     payments after the first spent fuel receipt until closure of 
     the facility under paragraph (1)(C) shall be made on the 
     anniversary date of such first spent fuel receipt.
       ``(4) Reduction.--If the first spent fuel payment under 
     paragraph (1)(B) is made within 6 months after the last 
     annual payment prior to the receipt of spent fuel under 
     paragraph (1)(A), such first spent fuel payment under 
     paragraph (1)(B) shall be reduced by an amount equal to \1/
     12\ of such annual payment under paragraph (1)(A) for each 
     full month less than 6 that has not elapsed since the last 
     annual payment under paragraph (1)(A).
       ``(5) Restrictions.--The Secretary may not restrict the 
     purposes for which the payments under this section may be 
     used.

[[Page S8046]]

       ``(6) Dispute.--In the event of a dispute concerning such 
     agreement, the Secretary shall resolve such dispute, 
     consistent with this Act and applicable State law.
       ``(7) Construction.--The signature of the Secretary on a 
     valid benefits agreement under this section shall constitute 
     a commitment by the United States to make payments in 
     accordance with such agreement under section 401(c)(2).
       ``(j) Initial Land Conveyances.--
       ``(1) Conveyances of public lands.--One hundred and twenty 
     days after enactment of this Act, all right, title and 
     interest of the United States in the property described in 
     paragraph (2), and improvements thereon, together with all 
     necessary easements for utilities and ingress and egress to 
     such property, including, but not limited to, the right to 
     improve those easements, are conveyed by operation of law to 
     the County of Lincoln, Nevada, unless the county notifies the 
     Secretary of the Interior or the head of such other 
     appropriate agency in writing within 60 days of such date of 
     enactment that it elects not to take title to all or any part 
     of the property, except that any lands conveyed to the County 
     of Lincoln under this subsection that are subject to a 
     Federal grazing permit or lease or a similar federally 
     granted permit or lease shall be conveyed between 60 and 120 
     days of the earliest time the Federal agency administering or 
     granting the permit or lease would be able to legally 
     terminate such right under the statutes and regulations 
     existing at the date of enactment of this Act, unless Lincoln 
     County and the affected holder of the permit or lease 
     negotiate an agreement that allows for an earlier conveyance.
       ``(2) Special conveyances.--Notwithstanding any other law, 
     the following public lands depicted on the maps and legal 
     descriptions dated October 11, 1995, shall be conveyed under 
     paragraph (1) to the County of Lincoln, Nevada:
       Map 10; Lincoln County, parcel M, industrial park site.
       Map 11; Lincoln County, parcel F, mixed use industrial 
     site.
       Map 13; Lincoln County, parcel J, mixed use, Alamo 
     Community Expansion Area.
       Map 14; Lincoln County, parcel E, mixed use, Pioche 
     Community Expansion Area.
       Map 15; Lincoln County, parcel B, landfill expansion site.
       ``(3) Construction.--The maps and legal descriptions of 
     special conveyances 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 maps and legal descriptions and make minor 
     adjustments in the boundaries of the sites.
       ``(4) Evidence of title transfer.--Upon the request of the 
     County of Lincoln, Nevada, the Secretary of the Interior 
     shall provide evidence of title transfer.

     ``SEC. 202. TRANSPORTATION PLANNING.

       ``(a) Transportation Readiness.--The Secretary shall take 
     those actions that are necessary and appropriate to ensure 
     that the Secretary is able to transport spent nuclear fuel 
     and high-level radioactive waste from sites designated by the 
     contract holders to mainline transportation facilities 
     beginning not later than November 30, 1999. As soon as is 
     practicable following enactment of this Act, the Secretary 
     shall analyze each specific reactor facility designated by 
     contract holders in the order of priority established in the 
     emplacement schedule, and develop a logistical plan to assure 
     the Secretary's ability to transport spent nuclear fuel and 
     high-level radioactive waste.
       ``(b) Transportation Planning.--In conjunction with the 
     development of the logistical plan in accordance with 
     subsection (a), the Secretary shall update and modify, as 
     necessary, the Secretary's transportation institutional plans 
     to ensure that institutional issues are addressed and 
     resolved on a schedule to support the commencement of 
     transportation of spent nuclear fuel and high-level 
     radioactive waste to the interim storage facility no later 
     than November 30, 1999. Among other things, such planning 
     shall provide a schedule and process for addressing and 
     implementing as necessary, transportation routing plans, 
     transportation contracting plans, transportation training in 
     accordance with section 203, and public education regarding 
     transportation of spent nuclear fuel and high level 
     radioactive waste; and transportation tracking programs.

     ``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, 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 for training for 
     public safety officials of appropriate units of local 
     government. The Secretary shall also provide technical 
     assistance and funds for training directly to national 
     nonprofit employee organizations which demonstrate experience 
     in implementing and operating worker health and safety 
     training and education programs and demonstrate the ability 
     to reach and involve in training programs target populations 
     of workers who are or will be directly engaged in the 
     transportation of spent nuclear fuel and high-level 
     radioactive waste, or emergency response or post-emergency 
     response with respect to such transportation. Training shall 
     cover procedures required for safe routine transportation of 
     these materials, as well as procedures for dealing with 
     emergency response situations, and shall be consistent with 
     any training standards established by the Secretary of 
     Transportation in accordance with subsection (g). The 
     Secretary's duty to provide technical and financial 
     assistance under this subsection shall be limited to 
     amounts specified in annual appropriations.
       ``(d) Public Education.--The Secretary shall conduct a 
     program to educate the public regarding the transportation of 
     spent nuclear fuel and high-level radioactive waste, with an 
     emphasis upon those States, 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.
       ``(e) Compliance With Transportation Regulations.--Any 
     person that transports spent nuclear fuel or high-level 
     radioactive waste under the Nuclear Waste Policy Act of 1986, 
     pursuant to a contract with the Secretary, shall comply with 
     all requirements governing such transportation issued by the 
     federal, state and local governments, and Indian tribes, in 
     the same way and to the same extent that any person engaging 
     in that transportation that is in or affects interstate 
     commerce must comply with such requirements, as required by 
     49 U.S.C. sec. 5126.
       ``(f) Employee Protection.--Any person engaged in the 
     interstate commerce of spent nuclear fuel or high-level 
     radioactive waste under contract to the Secretary pursuant to 
     this Act shall be subject to and comply fully with the 
     employee protection provisions of 49 U.S.C. 20109 and 49 
     U.S.C. 31105. Carmen shall be designated to perform the 
     inspection and testing of trains under the provisions of 49 
     CFR 215 and 232 at all initial terminals and intermediate 
     inspection points. Members of an operating crew shall be 
     trained to perform the cursory inspection and testing 
     required on cars picked up at outlying points under the 
     provisions of 49 CFR 215 appendix D and 232.
       ``(g) Training Standard.--(1) No later than 12 months after 
     the date of enactment of the Nuclear Waste Policy Act of 
     1996, the Secretary of Transportation, pursuant to authority 
     under other provisions of law, in consultation with the 
     Secretary of Labor and the Commission, shall promulgate a 
     regulation establishing training standards applicable to 
     workers directly involved in the removal and transportation 
     of spent nuclear fuel and high-level radioactive waste. The 
     regulation shall specify minimum training standards 
     applicable to workers, including managerial personnel. The 
     regulation shall require that evidence of satisfaction of the 
     applicable training standard, through certification or other 
     means, be provided to an employer before any individual may 
     be employed in the removal and transportation of spent 
     nuclear fuel and high-level radioactive waste.
       ``(2) If the Secretary of Transportation determines, in 
     promulgating the regulation required by subparagraph (1), 
     that regulations promulgated by the Commission establish 
     adequate training standards for workers then the Secretary of 
     Transportation can refrain from promulgating additional 
     regulations with respect to worker training in such 
     activities. The Secretary of Transportation and the 
     Commission shall work through their Memorandum of 
     Understanding to ensure coordination of worker training 
     standards and to avoid duplicative regulation.
       ``(3) The training standards required to be promulgated 
     under subparagraph (1) shall, among other things deemed 
     necessary and appropriate by the Secretary of Transportation, 
     include the following provisions--
       ``(A) a specified minimum number of hours of initial off 
     site instruction and actual field experience under the direct 
     supervision of a trained, experienced supervisor;
       ``(B) a requirement that onsite managerial personnel 
     receive the same training as workers, and a minimum number of 
     additional hours of specialized training pertinent to their 
     managerial responsibilities; and
       ``(C) a training program applicable to persons responsible 
     for responding to and cleaning up emergency situations 
     occurring during the removal, transportation, interim 
     storage, and permanent disposal of spent nuclear fuel and 
     high-level radioactive waste.
       ``(4) There is authorized to be appropriated to the 
     Secretary of Transportation, from general revenues, such sums 
     as may be necessary to perform his duties under this 
     subsection.

     ``SEC. 204. INTERIM STORAGE.

       ``(a) Authorization.--The Secretary shall design, 
     construct, and operate a facility for the interim storage of 
     spent nuclear fuel and high-level radioactive waste at the 
     interim storage facility site. The interim storage facility 
     shall be subject to licensing pursuant to the Atomic Energy 
     Act of 1954 in accordance with the Commission's regulations 
     governing the licensing of independent spent fuel storage 
     installations, which regulations shall be amended by the 
     Commission as necessary to implement the provisions of this 
     Act. The interim storage facility shall commence operation in 
     phases in accordance with subsection (b).

[[Page S8047]]

       ``(b) Schedule.--(1) The Secretary shall proceed forthwith 
     and without further delay with all activities necessary to 
     begin storing spent nuclear fuel and high-level radioactive 
     waste at the interim storage facility at the interim storage 
     facility site by November 30, 1999, except that:
       ``(A) The Secretary shall not begin any construction 
     activities at the interim storage facility site before 
     December 31, 1998.
       ``(B) The Secretary shall cease all activities (except 
     necessary termination activities) at the Yucca Mountain site 
     if the President determines, in his discretion, on or before 
     December 31, 1998, based on a preponderance of 
     the information available at such time, that the Yucca 
     Mountain site is unsuitable for development as a 
     repository, including geologic and engineered barriers, 
     because of a substantial likelihood that a repository of 
     useful size cannot be designed, licensed, and constructed 
     at the Yucca Mountain site.
       ``(C) No later than June 30, 1998, the Secretary shall 
     provide to the President and to the Congress a viability 
     assessment of the Yucca Mountain site. The viability 
     assessment shall include--
       ``(i) the preliminary design concept for the critical 
     elements of the repository and waste package,
       ``(ii) a total system performance assessment, based upon 
     the design concept and the scientific data and analysis 
     available by June 30, 1998, describing the probable behavior 
     of the respository in the Yucca Mountain geologic setting 
     relative to the overall system performance standard set forth 
     in section 205(d) of this Act.
       ``(iii) a plan and cost estimate for the remaining work 
     required to complete a license application, and
       ``(iv) an estimate of the costs to construct and operate 
     the repository in accordance with the design concept.
       ``(D) Within 18 months of a determination by the President 
     that the Yucca Mountain site is unsuitable for development as 
     a repository under paragraph (B), the President shall 
     designate a site for the construction of an interim storage 
     facility. If the President does not designate a site for the 
     construction of an interim storage facility, or the 
     construction of an interim storage facility at the designated 
     site is not approved by law within 24 months of the 
     President's determination that the Yucca Mountain site is not 
     suitable for development as a repository, the Secretary shall 
     begin construction of an interim storage facility at the 
     interim storage facility site as defined in section 2(19) of 
     this Act. The interim storage facility site as defined in 
     section 2(19) of this Act shall be deemed to be approved by 
     law for purposes of this section.
       ``(2) Upon the designation of an interim storage facility 
     site by the President under paragraph (1)(D), the Secretary 
     shall proceed forthwith and without further delay with all 
     activities necessary to begin storing spent nuclear fuel and 
     high-level radioactive waste at an interim storage facility 
     at the designated site, except that the Secretary shall not 
     begin any construction activities at the designated interim 
     storage facility site before the designated interim storage 
     facility site is approved by law.
       ``(c) Design.--
       ``(1) The interim storage facility shall be designed in two 
     phases in order to commence operations no later than November 
     30, 1999. The design of the interim storage facility shall 
     provide for the use of storage technologies, licensed, 
     approved, or certified by the Commission for use at the 
     interim storage facility as necessary to ensure compatibility 
     between the interim storage facility and contract holders' 
     spent nuclear fuel and facilities, and to facilitate the 
     Secretary's ability to meet the Secretary's obligations under 
     this Act.
       ``(2) The Secretary shall consent to an amendment to the 
     contracts to provide for reimbursement to contract holders 
     for transportable storage systems purchased by contract 
     holders if the Secretary determines that it is cost effective 
     to use such transportable storage systems as part of the 
     integrated management system, provided that the Secretary 
     shall not be required to expend any funds to modify contract 
     holders' storage or transport systems or to seek additional 
     regulatory approvals in order to use such systems.
       ``(d) Licensing.--
       ``(1) Phases.--The interim storage facility shall be 
     licensed by the Commission in two phases in order to commerce 
     operations no later than November 30, 1999.
       ``(2) First phase.--No later than 12 months after the date 
     of enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary shall submit to the Commission an application for a 
     license for the first phase of the interim storage facility. 
     The Environmental Report and Safety Analysis Report submitted 
     in support of such license application shall be consistent 
     with the scope of authority requested in the license 
     application. The license issued for the first phase of the 
     interim storage facility shall have a term of 20 years. The 
     interim storage facility licensed in the first phase shall 
     have a capacity of not more than 15,000 MTU. The Commission 
     shall issue a final decision granting or denying the 
     application for the first phase license no later than 16 
     months from the date of the submittal of the application for 
     such license.
       ``(3) Second phase.--No later than 30 months after the date 
     of enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary shall submit to the Commission an application for a 
     license for the second phase interim storage facility. The 
     license for the second phase facility shall authorize a 
     storage capacity of 40,000 MTU. If the Secretary does not 
     complete the viability assessment of the Yucca Mountain site 
     by June 30, 1998, or submit the license application for 
     construction of a respository by February 1, 2002, or does 
     not begin full spent nuclear fuel receipt operations at a 
     repository by January 17, 2010, the license shall authorize a 
     storage capacity of 60,000 MTU. The license application shall 
     be submitted such that the license can be issued to permit 
     the second phase facility to begin full spent nuclear fuel 
     receipt operations no later than December 31, 2002. The 
     license for the second phase shall have an initial term of 
     up to 100 years, and shall be renewable for additional 
     terms upon application of the Secretary.
       ``(e) Additional Authority.--
       ``(1) Construction.--For purposes of complying with this 
     section, the Secretary may commence site preparation for the 
     interim storage facility as soon as practicable after the 
     date of enactment of the Nuclear Waste Policy Act of 1996 and 
     shall commence construction of each phase of the interim 
     storage facility subsequent to submittal of the license 
     application for such phase except that the Commission shall 
     issue an order suspending such construction at any time if 
     the Commission determines that such construction poses an 
     unreasonable risk to public health and safety or the 
     environment. The Commission shall terminate all or part of 
     such order upon a determination that the Secretary has taken 
     appropriate action to eliminate such risk.
       ``(2) Facility use.--Notwithstanding any otherwise 
     applicable licensing requirement, the Secretary may utilize 
     any facility owned by the Federal Government on the date of 
     enactment of the Nuclear Waste Policy Act of 1996 within the 
     boundaries of the interim storage facility site, in 
     connection with an imminent and substantial endangerment to 
     public health and safety at the interim storage facility 
     prior to commencement of operations during the second phase.
       ``(3) Emplacement of fuel and waste.--Subject to paragraph 
     (i), once the Secretary has achieved the annual acceptance 
     rate for spent nuclear fuel from civilian nuclear power 
     reactors established pursuant to the contracts executed prior 
     to the date of enactment of the Nuclear Waste Policy Act of 
     1996, as set forth in the Secretary's annual capacity report 
     dated Mar. 1995 (DOE/RW-0457), the Secretary shall accept, in 
     an amount not less than 25 percent of the difference between 
     the contractual acceptance rate and the annual emplacement 
     rate for spent nuclear fuel from civilian nuclear power 
     reactors established under section 507(a), the following 
     radioactive materials:
       ``(A) spent nuclear fuel or high-level radioactive waste of 
     domestic origin from civilian nuclear power reactors that 
     have permanently ceased operation on or before the date of 
     enactment of the Nuclear Waste Policy Act of 1996;
       ``(B) spent nuclear fuel from foreign research reactors, as 
     necessary to promote non-proliferation objectives; and
       ``(C) spent nuclear fuel, including spent nuclear fuel from 
     naval reactors, and high-level radioactive waste from atomic 
     energy defense activities.
       ``(f) National Environmental Policy Act of 1969.--
       ``(1) Preliminary decisionmaking activities.--The 
     Secretary's and President's activities under this section, 
     including, but not limited to, the selection of a site for 
     the interim storage facility, assessments, determinations and 
     designations made under section 204(b), the preparation and 
     submittal of a license application and supporting 
     documentation, the construction and operation of any 
     facility, and facility use pursuant to paragraph (d)(2) of 
     this section shall be considered preliminary decisionmaking 
     activities for purposes of judicial review. The Secretary 
     shall not prepare an environmental impact statement under 
     section 102(2)(C) of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4332(2)(C)) or any environmental review under 
     subparagraph (E) or (F) of such Act before conducting these 
     activities.
       ``(2) Environmental impact statement.--
       ``(A) Final decision.--A final decision by the Commission 
     to grant or deny a license application for the first or 
     second phase of the interim storage facility shall be 
     accompanied by an Environmental Impact Statement prepared 
     under section 102(2)(C) of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4332(2)(C)). In preparing such 
     Environmental Impact Statement, the Commission--
       ``(i) shall ensure that the scope of the Environmental 
     Impact Statement is consistent with the scope of the 
     licensing action; and
       ``(ii) shall analyze the impacts of the transportation of 
     spent nuclear fuel and high-level radioactive waste to the 
     interim storage facility in a generic manner.
       ``(B) Considerations.--Such Environmental Impact Statement 
     shall not consider--
       ``(i) the need for the interim storage facility, including 
     any individual component thereof;
       ``(ii) the time of the initial availability of the interim 
     storage facility;
       ``(iii) any alternatives to the storage of spent nuclear 
     fuel and high-level radioactive waste at the interim storage 
     facility;

[[Page S8048]]

       ``(iv) any alternatives to the site of the facility as 
     designated by the Secretary in accordance with subsection 
     (a);
       ``(v) any alternatives to the design criteria for such 
     facility or any individual component thereof, as specified by 
     the Secretary in the license application; or
       ``(vi) the environmental impacts of the storage of spent 
     nuclear fuel and high-level radioactive waste at the interim 
     storage facility beyond the initial term of the license or 
     the term of the renewal period for which a license renewal 
     application is made.
       ``(g) Judicial Review.--Judicial review of the Commission's 
     environmental impact statement under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     shall be consolidated with judicial review of the 
     Commission's licensing decision. No court shall have 
     jurisdiction to enjoin the construction or operation of the 
     interim storage facility prior to its final decision on 
     review of the Commission's licensing action.
       ``(h) Waste Confidence.--The Secretary's obligation to 
     construct and operate the interim storage facility in 
     accordance with this section and the Secretary's obligation 
     to develop an integrated management system in accordance with 
     the provisions of this Act, shall provide sufficient and 
     independent grounds for any further findings by the 
     Commission of reasonable assurance that spent nuclear fuel 
     and high-level radioactive waste will be disposed of safely 
     and on a timely basis 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.).
       ``(i) Storage of Other Spent Nuclear Fuel and High-Level 
     Radioactive Waste.--No later than 18 months following the 
     date of enactment of the Nuclear Waste Policy Act of 1996, 
     the Commission shall, by rule, establish criteria for the 
     storage in the interim storage facility of fuel and waste 
     listed in paragraph (e)(3)(A) through (C), to the extent such 
     criteria are not included in regulations issued by the 
     Commission and existing on the date of enactment of the 
     Nuclear Waste Policy Act of 1996. Following establishment of 
     such criteria, the Secretary shall seek authority, as 
     necessary, to store fuel and waste listed in paragraph (e)(3) 
     (A) through (C) at the interim storage facility. None of the 
     activities carried out pursuant to this paragraph shall 
     delay, or otherwise affect, the development, construction, 
     licensing, or operation of the interim storage facility.
       ``(j) Savings Clause.--The Commission shall, by rule, 
     establish procedures for the licensing of any technology for 
     the dry storage of spent nuclear fuel by rule and without, to 
     the maximum extent possible, the need for site-specific 
     approvals by the Commission. Nothing in this Act shall affect 
     any such procedures, or any licenses or approvals issued 
     pursuant to such procedures in effect on the date of 
     enactment.

     ``SEC. 205. PERMANENT REPOSITORY.

       ``(a) Repository Characterization.--
       ``(1) Guidelines.--The guidelines promulgated by the 
     Secretary and published at 10 CFR part 960 are annulled and 
     revoked and the Secretary shall make no assumptions or 
     conclusions about the licensability of the Yucca Mountain 
     site as a repository by reference to such guidelines.
       ``(2) Site characterization activities.--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 Secretary 
     shall modify or eliminate those site characterization 
     activities designed only to demonstrate the suitability of 
     the site under the guidelines referenced in paragraph (1).
       ``(3) Schedule date.--Consistent with the schedule set 
     forth in the program approach, as modified to be consistent 
     with the Nuclear Waste Policy Act of 1996. No later than 
     February 1, 2002, the Secretary shall apply to the Commission 
     for authorization to construct a repository. If, at any time 
     prior to the filing of such application, the Secretary 
     determines that the Yucca Mountain site cannot satisfy the 
     Commission's regulations applicable to the licensing of a 
     geologic repository, the Secretary shall terminate site 
     characterization activities at the site, notify Congress and 
     the State of Nevada of the Secretary's determination and the 
     reasons therefor, and recommend to Congress not later than 6 
     months after such determination further actions, including 
     the enactment of legislation, that may be needed to manage 
     the Nation's spent nuclear fuel and high-level radioactive 
     waste.
       ``(4) Maximizing capacity.--In developing an application 
     for authorization to construct the repository, the Secretary 
     shall seek to maximize the capacity of the repository, in the 
     most cost-effective manner, consistent with the need for 
     disposal capacity.
       ``(b) Repository Licensing.--Upon the completion of any 
     licensing proceeding for the first phase of the interim 
     storage facility, the Commission shall amend its regulations 
     governing the disposal of spent nuclear fuel and high-level 
     radioactive waste in geologic repositories to the extent 
     necessary to comply with this Act. Subject to subsection (c), 
     such regulations shall provide for the licensing of the 
     repository according to the following procedures:
       ``(1) Construction authorization.--The Commission shall 
     grant the Secretary a construction authorization for the 
     repository upon determining that there is reasonable 
     assurance that spent nuclear fuel and high-level radioactive 
     waste can be disposed of in the repository--
       ``(A) in conformity with the Secretary's application, the 
     provisions of this Act, and the regulations of the 
     Commission;
       ``(B) without unreasonable risk to the health and safety of 
     the public; and
       ``(C) consistent with the common defense and security.
       ``(2) License.--Following substantial completion of 
     construction and the filing of any additional information 
     needed to complete the license application, the Commission 
     shall issue a license to dispose of spent nuclear fuel and 
     high-level radioactive waste in the repository if the 
     Commission determines that the repository has been 
     constructed and will operate--
       ``(A) in conformity with the Secretary's application, the 
     provisions of this Act, and the regulations of the 
     Commission;
       ``(B) without unreasonable risk to the health and safety of 
     the public; and
       ``(C) consistent with the common defense and security.
       ``(3) Closure.--After emplacing spent nuclear fuel and 
     high-level radioactive waste in the repository and collecting 
     sufficient confirmatory data on repository performance to 
     reasonably confirm the basis for repository closure 
     consistent with the Commission's regulations applicable to 
     the licensing of a repository, as modified in accordance with 
     this Act, the Secretary shall apply to the Commission to 
     amend the license to permit permanent closure of the 
     repository. The Commission shall grant such license amendment 
     upon finding that there is reasonable assurance that the 
     repository can be permanently closed--
       ``(A) in conformity with the Secretary's application to 
     amend the license, the provisions of this Act, and the 
     regulations of the Commission;
       ``(B) without unreasonable risk to the health and safety of 
     the public; and
       ``(C) consistent with the common defense and security.
       ``(4) Post-closure.--The Secretary shall take those actions 
     necessary and appropriate at the Yucca Mountain site to 
     prevent any activity at the site subsequent to repository 
     closure that poses an unreasonable risk of--
       ``(A) breaching the repository's engineered or geologic 
     barriers; or
       ``(B) increasing the exposure of individual members of the 
     public to radiation beyond the release standard established 
     in subsection (d)(1).
       ``(c) Modification of Repository Licensing Procedure.--The 
     Commission's regulations shall provide for the modification 
     of the repository licensing procedure, as appropriate, in the 
     event that the Secretary seeks a license to permit the 
     emplacement in the repository, on a retrievable basis, of 
     spent nuclear fuel or high-level radioactive waste as is 
     necessary to provide the Secretary with sufficient 
     confirmatory data on repository performance to reasonably 
     confirm the basis for repository closure consistent with 
     applicable regulations.
       ``(d) Repository Licensing Standards.--Notwithstanding any 
     other provision of law, the Administrator of the 
     Environmental Protection Agency shall not promulgate, by rule 
     or otherwise, standards for protection of the public from 
     releases of radioactive materials or radioactivity from the 
     repository and any such standards existing on the date of 
     enactment of the Nuclear Waste Policy Act of 1996 shall not 
     be incorporated in the Commission's licensing regulations. 
     The Commission's repository licensing determinations for the 
     protection of the public shall be based solely on a finding 
     whether the repository can be operated in conformance with 
     the overall system performance standard established in 
     paragraph (1), applied in accordance with the provisions of 
     paragraph (2). The Commission shall amend its regulations in 
     accordance with subsection (b) to incorporate each of the 
     following licensing standards:
       ``(1) Establishment of overall system performance 
     standard.--The standard for protection of the public from 
     release of radioactive material or radioactivity from the 
     repository shall prohibit releases that would expose an 
     average member of the general population in the vicinity of 
     the Yucca Mountain site to an annual dose in excess of 100 
     millirems unless the Commission determines by rule that such 
     standard would constitute an unreasonable risk to health and 
     safety and establishes by rule another standard which will 
     protect health and safety. Such standard shall constitute an 
     overall system performance standard.
       ``(2) Application of overall system performance standard.--
     The Commission shall issue the license if it finds reasonable 
     assurance that for the first 1,000 years following the 
     commencement of repository operations, the overall system 
     performance standard will be met based on a probabilistic 
     evaluation, as appropriate, of compliance with the overall 
     system performance standard in paragraph (1).
       ``(3) Factors.--For purposes of making the finding in 
     paragraph (2)--
       ``(A) the Commission shall not consider catastrophic events 
     where the health consequences of individual events themselves 
     can be reasonably assumed to exceed the health consequences 
     due to the impact of the events on repository performance;
       ``(B) for the purpose of this section, an average member of 
     the general population in the vicinity of the Yucca Mountain 
     site

[[Page S8049]]

     means a person whose physiology, age, general health, 
     agricultural practices, eating habits, and social behavior 
     represent the average for persons living in the vicinity of 
     the site. Extremes in social behavior, eating habits, or 
     other relevant practices or characteristics shall not be 
     considered; and
       ``(C) the Commission shall assume that, following 
     repository closure, the inclusion of engineered barriers and 
     the Secretary's post-closure actions at the Yucca Mountain 
     site; in accordance with subsection (b)(4), shall be 
     sufficient to--
       ``(i) prevent any human activity at the site that poses an 
     unreasonable risk of breaching the repository's engineered or 
     geologic barriers; and
       ``(ii) prevent any increase in the exposure of individual 
     members of the public to radiation beyond the allowable 
     limits specified in paragraph (1).
       ``(4) Additional analysis.--The Commission shall analyze 
     the overall system performance through the use of 
     probabilistic evaluations that use best estimate 
     assumptions, data, and methods for the period commencing 
     after the first 1,000 years of operation of the repository 
     and terminating at 10,000 years after the commencement of 
     operation of the repository.
       ``(e) National Environmental Policy Act.--
       ``(1) Submission of statement.--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 and shall supplement such environmental 
     impact statement as appropriate.
       ``(2) Considerations.--For purposes of complying with the 
     requirements of the National Environmental Policy Act of 1969 
     and this section, the Secretary shall not consider in the 
     environmental impact statement the need for the repository, 
     or alternative sites or designs for the repository.
       ``(3) Adoption by commission.--The Secretary's 
     environmental impact statement and any supplements thereto 
     shall, to the extent practicable, be adopted by the 
     Commission in connection with the issuance by the Commission 
     of a construction authorization under subsection (b)(1), a 
     license under subsection (b)(2), or a license amendment under 
     subsection (b)(3). To the extent such statement or supplement 
     is adopted by the Commission, such adoption shall be deemed 
     to also satisfy the responsibilities of the Commission under 
     the National Environmental Policy Act of 1969, and no further 
     consideration shall be required, except that nothing in this 
     subsection shall affect any independent responsibilities of 
     the Commission to protect the public health and safety under 
     the Atomic Energy Act of 1954. In any such statement or 
     supplement prepared with respect to the repository, the 
     Commission shall not consider the need for a repository, or 
     alternate sites or designs for the repository.
       ``(f) Judicial Review.--No court shall have jurisdiction to 
     enjoin issuance of the Commission repository licensing 
     regulations prior to its final decision on review of such 
     regulations.

     ``SEC. 206. LAND WITHDRAWAL.

       ``(a) Withdrawal and Reservation.--
       ``(1) Withdrawal.--Subject to valid existing rights, the 
     interim storage facility site and the Yucca Mountain site, as 
     described in subsection (b), are withdrawn from all forms of 
     entry, appropriation, and disposal under the public land 
     laws, including the mineral leasing laws, the geothermal 
     leasing laws, the material sale laws, and the mining laws.
       ``(2) Jurisdiction.--Jurisdiction of any land within the 
     interim storage facility site and the Yucca Mountain site 
     managed by the Secretary of the Interior or any other Federal 
     officer is transferred to the Secretary.
       ``(3) Reservation.--The interim storage facility site and 
     the Yucca Mountain site are reserved for the use of the 
     Secretary for the construction and operation, respectively, 
     of the interim storage facility and the repository and 
     activities associated with the purposes of this title.
       ``(b) Land Description.--
       ``(1) Boundaries.--The boundaries depicted on the map 
     entitled `Interim Storage Facility Site Withdrawal Map,' 
     dated March 13, 1996, and on file with the Secretary, are 
     established as the boundaries of the Interim Storage Facility 
     site.
       ``(2) Boundaries.--The boundaries depicted on the map 
     entitled `Yucca Mountain Site Withdrawal Map,' dated July 9, 
     1996, and on file with the Secretary, are established as the 
     boundaries of the Yucca Mountain site.
       ``(3) Notice and maps.--Within 6 months of the date of the 
     enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary shall--
       ``(A) publish in the Federal Register a notice containing a 
     legal description of the interim storage facility site; and
       ``(B) file copies of the maps described in paragraph (1), 
     and the legal description of the interim storage facility 
     site with the Congress, the Secretary of the Interior, the 
     Governor of Nevada, and the Archivist of the United States.
       ``(4) Notice and maps.--Concurrent with the Secretary's 
     application to the Commission for authority to construct the 
     repository, the Secretary shall--
       ``(A) publish in the Federal Register a notice containing a 
     legal description of the Yucca Mountain site; and
       ``(B) file copies of the maps described in paragraph (2), 
     and the legal description of the Yucca Mountain site with the 
     Congress, the Secretary of the Interior, the Governor of 
     Nevada, and the Archivist of the United States.
       ``(5) Construction.--The maps and legal descriptions of the 
     interim storage facility site and the Yucca Mountain site 
     referred to in this subsection shall have the same force and 
     effect as if they were included in this Act. The Secretary 
     may correct clerical and typographical errors in the maps and 
     legal descriptions and make minor adjustments in the 
     boundaries of the sites.

     ``SEC. 207. PERMANENT DISPOSAL ALTERNATIVES.

       ``(a) Study.--Within 270 days after the date of the 
     enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary shall report to Congress on alternatives for the 
     permanent disposal of spent nuclear fuel and high-level 
     radioactive waste. The report under this section shall 
     include--
       ``(1) an assessment of the current state of knowledge of 
     alternative technologies for the treatment and disposal of 
     spent nuclear fuel and high-level radioactive waste;
       ``(2) an estimate of the costs of research and development 
     of alternative technologies;
       ``(3) an analysis of institutional factors associated with 
     alternative technologies, including international aspects of 
     a decision of the United States to proceed with the 
     development of alternative technologies (including nuclear 
     proliferation concerns) as an option for nuclear waste 
     management and disposal;
       ``(4) a full discussion of environmental and public health 
     and safety aspects of alternative technologies;
       ``(5) recommendations on alternative ways to structure an 
     effort in research, development, and demonstration with 
     respect to alternative technologies; and
       ``(6) the recommendations of the Secretary with respect to 
     research, development, and demonstration of the most 
     promising alternative technologies for the treatment and 
     disposal of spent nuclear fuel and high-level radioactive 
     waste.
       ``(b) Office of Nuclear Waste Disposal Research.--(1) There 
     is hereby established an Office of Nuclear Waste Disposal 
     Research within the Office of Energy Research of the 
     Department of Energy. The Office shall be headed by the 
     Director, who shall be a member of the Senior Executive 
     Service appointed by the Director of the Office of Energy 
     Research, and compensated at a rate determined by applicable 
     law.
       ``(2) The Director of the Office of Nuclear Waste Research 
     shall be responsible for carrying out research, development, 
     and demonstration activities on alternative technologies for 
     the treatment and disposal of high-level nuclear radioactive 
     waste and spent nuclear fuel, subject to the general 
     supervision of the Secretary. The Director of the Office 
     shall be directly responsible to the Director of the Office 
     of Energy Research, and the first such Director shall be 
     appointed within 30 days of the date of enactment of the 
     Nuclear Waste Policy Act of 1996.
       ``(3) In carrying out his responsibilities under this 
     Section, the Secretary may make grants to, or enter into 
     contracts with, the Nuclear Waste Research Consortium 
     described in paragraph (4) of this section and other persons.
       ``(4)(A) Within 60 days of the date of enactment of the 
     Nuclear Waste Policy Act of 1996, the Secretary shall 
     establish a university-based Nuclear Waste Disposal 
     Consortium involving leading universities and institutions, 
     national laboratories, the commercial nuclear industry, and 
     other organizations to investigate technical and 
     institutional feasibility of alternative technologies for the 
     treatment and disposal of spent nuclear fuel and high-level 
     radioactive waste.
       ``(B) The Nuclear Waste Disposal Consortium shall develop a 
     research plan and budget to achieve the following objectives 
     by 2005:
       ``(i) identify promising alternative technologies for the 
     treatment and disposal of spent nuclear fuel and high-level 
     radioactive waste.
       ``(ii) conduct research and develop conceptual designs for 
     promising alternative technologies, including estimated costs 
     and institutional requirements for continued research and 
     development; and
       ``(iii) identify and assess potential impacts of promising 
     alternative technologies on the environment.
       ``(C) In 2000, and again in 2005, the Nuclear Waste 
     Disposal Consortium shall report to Congress on the progress 
     being made in achieving the objectives of paragraph (2).
       ``(5) The Director of the Office of Nuclear Waste Disposal 
     Research shall annually prepare and submit a report to the 
     Congress on the activities and expenditures of the Office.

                      ``TITLE III--LOCAL RELATIONS

     ``SEC. 301. FINANCIAL ASSISTANCE.

       ``(a) Grants.--The Secretary is authorized to make grants 
     to any affected Indian tribe or affected unit of local 
     government for purposes of enabling the affected Indian tribe 
     or affected unit of local government--
       ``(1) to review activities taken with respect to the Yucca 
     Mountain site for purposes of determining any potential 
     economic, social, public health and safety, and environmental

[[Page S8050]]

     impacts of the integrated management system on the affected 
     Indian tribe or the affected unit of local government and its 
     residents;
       ``(2) to develop a request for impact assistance under 
     subsection (c);
       ``(3) to engage in any monitoring, testing, or evaluation 
     activities with regard to such site;
       ``(4) to provide information to residents regarding any 
     activities of the Secretary, or the Commission with respect 
     to such site; and
       ``(5) to request information from, and make comments and 
     recommendations to, the Secretary regarding any activities 
     taken with respect to such site.
       ``(b) Salary and Travel Expenses.--Any salary or travel 
     expense that would ordinarily be incurred by any affected 
     Indian tribe or affected unit of local government may not be 
     considered eligible for funding under this section.
       ``(c) Financial and Technical Assistance.--
       ``(1) Assistance requests.--The Secretary is authorized to 
     offer to provide financial and technical assistance to any 
     affected Indian tribe or affected unit of local government 
     requesting such assistance. Such assistance shall be designed 
     to mitigate the impact on the affected Indian tribe or 
     affected unit of local government of the development of the 
     integrated management system.
       ``(2) Report.--Any affected Indian tribe or affected unit 
     of local government may request assistance under this section 
     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 activities of the 
     integrated management system.
       ``(d) Other Assistance.--
       ``(1) Taxable amounts.--In addition to financial assistance 
     provided under this subsection, the Secretary is authorized 
     to grant to any affected Indian tribe or affected unit of 
     local government an amount each fiscal year equal to the 
     amount such affected Indian tribe or affected unit of local 
     government, respectively, would receive if authorized to tax 
     integrated management system activities, as such affected 
     Indian tribe or affected unit of local government taxes the 
     non-Federal real property and industrial activities occurring 
     within such affected unit of local government.
       ``(2) Termination.--Such grants shall continue until such 
     time as all such activities, development, and operations are 
     terminated at such site.
       ``(3) Assistance to indian tribes and units of local 
     government.--
       ``(A) Period.--Any affected Indian tribe or affected unit 
     of local government may not receive any grant under paragraph 
     (1) after the expiration of the 1-year period following the 
     date on which the Secretary notifies the affected Indian 
     tribe or affected unit of local government of the termination 
     of the operation of the integrated management system.
       ``(B) Activities.--Any affected Indian tribe or affected 
     unit of local government may not receive any further 
     assistance under this section if the integrated management 
     system activities at such site are terminated by the 
     Secretary or if such activities are permanently enjoined by 
     any court.

     ``SEC. 302. ON-SITE REPRESENTATIVE.

       ``The Secretary shall offer to the unit of local government 
     within whose jurisdiction a site for an interim storage 
     facility or repository is located under this Act an 
     opportunity to designate a representative to conduct onsite 
     oversight activities at such site. The Secretary is 
     authorized to pay the reasonable expenses of such 
     representative.

     ``SEC. 303. ACCEPTANCE OF BENEFITS.

       ``(a) Consent.--The acceptance or use of any of the 
     benefits provided under this title by any affected Indian 
     tribe or affected unit of local government shall not be 
     deemed to be an expression of consent, express, or implied, 
     either under the Constitution of the State or any law 
     thereof, to the siting of an interim storage facility or 
     repository in the State of Nevada, any provision of such 
     Constitution or laws to the contrary notwithstanding.
       ``(b) Arguments.--Neither the United States nor any other 
     entity may assert any argument based on legal or equitable 
     estoppel, or acquiescence, or waiver, or consensual 
     involvement, in response to any decision by the State to 
     oppose the siting in Nevada of an interim storage facility or 
     repository premised upon or related to the acceptance or use 
     of benefits under this title.
       ``(c) Liability.--No liability of any nature shall accrue 
     to be asserted against any official of any government unit of 
     Nevada premised solely upon the acceptance or use of benefits 
     under this title.

     ``SEC. 304. RESTRICTIONS ON USE OF FUNDS.

       ``None of the funding provided under this title may be 
     used--
       ``(1) directly or indirectly to influence legislative 
     action on any matter pending before Congress or a State 
     legislature or for any lobbying activity as provided in 
     section 1913 of title 18, United States Code;
       ``(2) for litigation purposes; and
       ``(3) to support multistate efforts or other coalition-
     building activities inconsistent with the purposes of this 
     Act.

     ``SEC. 305 LAND CONVEYANCES.

       ``(a) Conveyances of Public Lands.--One hundred and twenty 
     days after enactment of this Act, all right, title and 
     interest of the United States in the property described in 
     subsection (b), and improvements thereon, together with all 
     necessary easements for utilities and ingress and egress to 
     such property, including, but not limited to, the right to 
     improve those easements, are conveyed by operation of law to 
     the County of Nye, Nevada, unless the county notifies the 
     Secretary of Interior or the head of such other appropriate 
     agency in writing within 60 days of such date of enactment 
     that it elects not to take title to all or any part of the 
     property, except that any lands conveyed to the County of Nye 
     under this subsection that are subject to a Federal grazing 
     permit or lease or a similar federally granted permit or 
     lease shall be conveyed between 60 and 120 days of the 
     earliest time the Federal agency administering or granting 
     the permit or lease would be able to legally terminate 
     such right under the statutes and regulations existing at 
     the date of enactment of this Act, unless Nye County and 
     the affected holder of the permit or lease negotiate an 
     agreement that allows for an earlier conveyance.
       ``(b) Special Conveyances.--Notwithstanding any other law, 
     the following public lands depicted on the maps and legal 
     descriptions dated October 11, 1995, and on file with the 
     Secretary shall be conveyed under paragraph (1) to the County 
     of Nye, Nevada:
       Map 1; proposed Pahrump industrial park site.
       Map 2; proposed Lathrop Wells (gate 510) industrial park 
     site.
       Map 3; Pahrump landfill sites.
       Map 4; Amargosa Valley Regional Landfill site.
       Map 5; Amargosa Valley Municipal Landfill site.
       Map 6; Beatty Landfill/Transfer Station site.
       Map 7; Round Mountain Landfill site.
       Map 8; Tonopah Landfill site.
       Map 9; Gabbs Landfill site.
       ``(c) Construction.--The maps and legal descriptions of 
     special conveyances referred to in subsection (l) shall have 
     the same force and effect as if they were included in this 
     Act. The Secretary may correct clerical and typographical 
     errors in the maps and legal descriptions and make minor 
     adjustments in the boundaries of the sites.
       ``(d) Evidence of Title Transfer.--Upon the request of the 
     County of Nye, Nevada, the Secretary of the Interior shall 
     provide evidence of title transfer.

                  ``TITLE IV--FUNDING AND ORGANIZATION

     ``SEC. 401. PROGRAM FUNDING.

       ``(a) Contracts.--
       ``(1) Authority of secretary.--In the performance of the 
     Secretary's functions under this Act, the Secretary is 
     authorized to enter into contracts with any person who 
     generates or holds title to spent nuclear fuel or high-level 
     radioactive waste of domestic origin for the acceptance of 
     title and possession, transportation, interim storage, and 
     disposal of such waste or spent fuel. Such contracts shall 
     provide for payment of annual fees to the Secretary in the 
     amounts set by the Secretary pursuant to paragraphs (2) and 
     (3). Except as provided in paragraph (3), fees assessed 
     pursuant to this paragraph shall be paid to the Treasury of 
     the United States and shall be available for use by the 
     Secretary pursuant to this section until expended. Subsequent 
     to the date of enactment of the Nuclear Waste Policy Act of 
     1996, the contracts executed under section 302(a) of the 
     Nuclear Waste Policy Act of 1982 shall continue in effect 
     under this Act, provided that the Secretary shall consent to 
     an amendment to such contracts as necessary to implement the 
     provisions of this Act.
       ``(2) Annual fees.--
       ``(A) for electricity generated by civilian nuclear power 
     reactors and sold between January 7, 1983, and September 30, 
     2002, the fee under paragraph (1) shall be equal to 1.0 mill 
     per kilowatt-hour generated and sold. For electricity 
     generated by civilian nuclear power reactors and sold on or 
     after October 1, 2002, the aggregate amount of fees collected 
     during each fiscal year shall be no greater than the annual 
     level of appropriations for expenditures on those activities 
     consistent with subsection (d) for that fiscal year, minus--
       ``(i) any unobligated balance collected pursuant to this 
     section during the previous fiscal year; and
       ``(ii) the percentage of such appropriation required to be 
     funded by the Federal Government pursuant to section 403.

     The Secretary shall determine the level of the annual fee for 
     each civilian nuclear power reactor based on the amount of 
     electricity generated and sold, except that the annual fee 
     collected under this subparagraph shall not exceed 1.0 mill 
     per kilowatthour generated and sold.
       ``(B) Expenditures if shortfall.--If, during any fiscal 
     year on or after October 1, 2002, the aggregate amount of 
     fees assessed pursuant to subparagraph (A) is less than the 
     annual level of appropriations for expenditures on those 
     activities specified in subsection (d) for that fiscal year, 
     minus--
       ``(i) any unobligated balance collected pursuant to this 
     section during the previous fiscal year; and
       ``(ii) the percentage of such appropriations required to be 
     funded by the Federal Government pursuant to section 403,
     the Secretary may make expenditures from the Nuclear Waste 
     Fund up to the level of the fees assessed.
       ``(C) Rules.--The Secretary shall, by rule, establish 
     procedures necessary to implement this paragraph.

[[Page S8051]]

       ``(3) One-time fee.--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 January 7, 1983, the fee shall 
     be in an amount equivalent to an average charge of 1.0 mill 
     per kilowatthour for electricity generated by such spent 
     nuclear fuel, or such solidified high-level waste derived 
     therefrom. Payment of such one-time fee prior to the date 
     of enactment of the Nuclear Waste Policy Act of 1996 shall 
     satisfy the obligation imposed under this paragraph. Any 
     one-time fee paid and collected subsequent to the date of 
     enactment of the Nuclear Waste Policy Act of 1996 pursuant 
     to the contracts, including any interest due pursuant to 
     such contracts, shall be paid to the Nuclear Waste Fund no 
     later than September 30, 2002. The Commission shall 
     suspend the license of any licensee who fails or refuses 
     to pay the full amount of the fee referred to in this 
     paragraph on or before September 30, 2002, and the license 
     shall remain suspended until the full amount of the fee 
     referred to in this paragraph is paid. The person paying 
     the fee under this paragraph to the Secretary shall have 
     no further financial obligation to the Federal Government 
     for the long-term storage and permanent disposal of spent 
     fuel or high-level radioactive waste derived from spent 
     nuclear fuel used to generate electricity in a civilian 
     power reactor prior to January 7, 1983.
       ``(4) Adjustments to fee.--The Secretary shall annually 
     review the amount of the fees established by paragraphs (2) 
     and (3), together with the existing balance of the Nuclear 
     Waste Fund on the date of enactment of the Nuclear Waste 
     Policy Act of 1996, to evaluate whether collection of the fee 
     will provide sufficient revenues to offset the costs as 
     defined in subsection (c)(2). In the event the Secretary 
     determines that the revenues being collected are either 
     insufficient or excessive to recover the costs incurred by 
     the Federal Government that are specified in subsection 
     (c)(2), the Secretary shall propose an adjustment to the fee 
     in subsection (c)(2) to ensure full cost recovery. The 
     Secretary shall immediately transmit the proposal for such an 
     adjustment to both houses of Congress.
       ``(b) Advance Contracting Requirement.
       ``(1) In general.--
       ``(A) License issuance and renewal.--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 under 
     subsection (a) with the Secretary; 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) Precondition.--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 spent 
     nuclear fuel and high-level radioactive waste that may result 
     from the use of such license.
       ``(2) Disposal in repository.--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 the repository unless the generator or 
     owner of such spent fuel or waste has entered into a contract 
     under subsection (a) with the Secretary by not later than the 
     date on which such generator or owner commences generation 
     of, or takes title to, such spent fuel or waste.
       ``(3) Assignment.--The rights and duties of contract 
     holders are assignable.
       ``(c) Nuclear Waste Fund.--
        ``(1) In general.--The Nuclear Waste Fund established in 
     the Treasury of the United States under section 302(c) of the 
     Nuclear Waste Policy Act of 1982 shall continue in effect 
     under this Act and shall consist of--
        ``(A) the existing balance in the Nuclear Waste Fund on 
     the date of enactment of the Nuclear Waste Policy Act of 
     1996; and
       ``(B) all receipts, proceeds, and recoveries realized under 
     subsections (a), and (c)(3) subsequent to the date of 
     enactment of the Nuclear Waste Policy Act of 1996, which 
     shall be deposited in the Nuclear Waste Fund immediately upon 
     their realization.
       ``(2) Use.--The Secretary may make expenditures from the 
     Nuclear Waste Fund, subject to subsection (d) and (e), only 
     for purposes of the integrated management system.
       ``(3) Administration of nuclear waste fund.--
       (A) In general.--The Secretary of the Treasury shall hold 
     the Nuclear Waste Fund and, after consultation with the 
     Secretary, annually report to the Congress on the financial 
     condition and operations of the Nuclear Waste Fund during the 
     preceding fiscal year.
       ``(B) Amounts in excess of current needs.--If the Secretary 
     determines that the Nuclear 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--
       ``(i) having maturities determined by the Secretary of the 
     Treasury to be appropriate to the needs of the Nuclear Waste 
     Fund; and
       ``(ii) 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.
       ``(C) Exemption.--Receipts, proceeds, and recoveries 
     realized by the Secretary under this section, and 
     expenditures of amounts from the Nuclear Waste Fund, shall be 
     exempt from annual apportionment under the provisions of 
     subchapter II of chapter 15 of title 31, United States Code.
       ``(d) Budget.--The Secretary shall submit the budget for 
     implementation of the Secretary's responsibilities under this 
     Act to the Office of Management and Budget annually 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 shall consist of the estimates made by the 
     Secretary of expenditures under this Act and other relevant 
     financial matters for the succeeding 3 fiscal years, and 
     shall be included in the budget of the United States 
     Government.
       ``(e) Appropriations.--The Secretary may make expenditures 
     from the Nuclear Waste Fund, subject to appropriations, which 
     shall remain available until expended.

     ``SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

       ``(a) Continuation of the Office of Civilian Radioactive 
     Waste Management.--The Office of Civilian Radioactive Waste 
     Management established under section 304(a) of the Nuclear 
     Waste Policy Act of 1982 as constituted prior to the date of 
     enactment of the Nuclear Waste Policy Act of 1996, shall 
     continue in effect subsequent to the date of enactment of the 
     Nuclear Waste Policy Act of 1996.
       ``(b) Functions of Director.--The Director of the Office 
     shall be responsible for carrying out the functions of the 
     Secretary under this Act, subject to the general supervision 
     of the Secretary. The Director of the Office shall be 
     directly responsible to the Secretary.

     ``SEC. 403. FEDERAL CONTRIBUTION.

       ``(a) Allocation.--No later than one year from the date of 
     enactment of the Nuclear Waste Policy Act of 1996, acting 
     pursuant to section 553 of title 5, United States Code, the 
     Secretary shall issue a final rule establishing the 
     appropriate portion of the costs of managing spent nuclear 
     fuel and high-level radioactive waste under this Act 
     allocable to the interim storage or permanent disposal of 
     spent nuclear fuel and high-level radioactive waste from 
     atomic energy defense activities and spent nuclear fuel from 
     foreign research reactors. The share of costs allocable to 
     the management of spent nuclear fuel and high-level 
     radioactive waste from atomic energy defense activities and 
     spent nuclear fuel from foreign research reactors shall 
     include,
       ``(1) an appropriate portion of the costs associated with 
     research and development activities with respect to 
     development of an interim storage facility and repository; 
     and
       ``(2) as appropriate, interest on the principal amounts due 
     calculated by reference to the appropriate Treasury bill rate 
     as if the payments were made at a point in time consistent 
     with the payment dates for spent nuclear fuel and high-level 
     radioactive waste under the contracts.
       ``(b) Appropriation Request.--In addition to any request 
     for an appropriation from the Nuclear Waste Fund, the 
     Secretary shall request annual appropriations from general 
     revenues in amounts sufficient to pay the costs of the 
     management of spent nuclear fuel and high-level radioactive 
     waste from atomic energy defense activities and spent nuclear 
     fuel from foreign research reactors as established under 
     subsection (a).
       ``(c) Report.--In conjunction with the annual report 
     submitted to Congress under Section 702, the Secretary shall 
     advise the Congress annually of the amount of spent nuclear 
     fuel and high-level radioactive waste from atomic energy 
     defense activities and spent nuclear fuel from foreign 
     research reactors requiring management in the integrated 
     management system.
       ``(d) Authorization.--There is authorized to be 
     appropriated to the Secretary, from general revenues, for 
     carrying out the purposes of this Act, such sums as may be 
     necessary to pay the costs of the management of spent nuclear 
     fuel and high-level radioactive waste from atomic energy 
     defense activities and spent nuclear fuel from foreign 
     research reactors as established under subsection (a).

     SEC. 404. BUDGET PRIORITIES.

       ``(a) The Secretary.--For purposes of preparing annual 
     requests for appropriations for the integrated management 
     system and allocating funds among competing requirements, the 
     Secretary shall give funding for the licensing, construction, 
     and operation of the interim storage facility under section 
     204 and development of the transportation capability under 
     sections 201, 202, and 203 the highest priority.
       ``(b) The Commission.--For purposes of preparing annual 
     requests for appropriations for the integrated management 
     system and allocating annual appropriations among competing 
     requirements, the Commission shall allocate funds in 
     accordance with the following prioritization:
       ``(1) The issuance of regulations for and the licensing of 
     an interim storage facility under

[[Page S8052]]

     section 204 and any associated storage and/or transport 
     systems to be used in the integrated management system shall 
     be accorded the highest priority; and
       ``(2) the licensing of the repository under section 205 
     shall be accorded the next highest priority.

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

     ``SEC. 501. COMPLIANCE WITH OTHER LAWS.

       ``If the requirements of any law are inconsistent with or 
     duplicative of the requirements of the Atomic Energy Act and 
     this Act, the Secretary shall comply only with the 
     requirements of the Atomic Energy Act and this Act in 
     implementing the integrated management system. Any 
     requirement of a State or political subdivision of a State 
     is preempted if--
       ``(1) complying with such requirement and a requirement of 
     this Act is impossible; or
       ``(2) such requirement, as applied or enforced, is an 
     obstacle to accomplishing or carrying out this Act or a 
     regulation under this Act.

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

       ``(a) Jurisdiction of the United States Courts of 
     Appeals.--
       ``(1) Original and exclusive jurisdiction.--Except for 
     review in the Supreme Court of the United States, and except 
     as otherwise provided in this Act, the United States courts 
     of appeals shall have original and exclusive jurisdiction 
     over any civil action--
       ``(A) for review of any final decision or action of the 
     Secretary, the President, or the Commission under this Act;
       ``(B) alleging the failure of the Secretary, the President, 
     or the Commission to make any decision, or take any action, 
     required under this Act;
       ``(C) challenging the constitutionality of any decision 
     made, or action taken, under any provision of this Act; or
       ``(D) for review of any environmental impact statement 
     prepared or environmental assessment pursuant to the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     with respect to any action under this Act or alleging a 
     failure to prepare such statement with respect to any such 
     action.
       ``(2) Venue.--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 Circuit.
       (b) Deadline for Commencing Action.--A civil action for 
     judicial review described under subsection (a)(1) may be 
     brought no later than 180 days 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 no 
     later than 180 days after the date such party acquired actual 
     or constructive knowledge or such decision, action, or 
     failure to act.
       ``(c) Application of Other Law.--The provisions of this 
     section relating to any matter shall apply in lieu of the 
     provisions of any other Act relating to the same matter.

     ``SEC. 503. 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) Designation.--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) Determination.--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) Application.--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) Construction.--The provisions of this section shall 
     not apply to the first application for a license or license 
     amendment received by the Commission to expand onsite spent 
     fuel storage capacity by the use of a new technology not 
     previously approved for use at any nuclear power plant by the 
     Commission.
       ``(c) Judicial Review.--No court shall hold unlawful or set 
     aside a decision of the Commission in any proceeding 
     described in subsection (a) because of a failure by the 
     Commission to use a particular procedure pursuant to this 
     section unless--
       ``(1) an objection to the procedure used was presented to 
     the Commission in a timely fashion or there are extraordinary 
     circumstances that excuse the failure to present a timely 
     objection; and
       ``(2) the court finds that such failure has precluded a 
     fair consideration and informed resolution of a significant 
     issue of the proceeding taken as a whole.

     ``SEC. 504. 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. 505. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE 
                   WASTE SITE CLOSURE.

       ``(a) Financial Arrangements.--
       ``(1) Standards and instructions.--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) Bonding, surety or other financial arrangements.--If 
     the Commission determines that any long-term maintenance or 
     monitoring, or both, will be necessary at a site described in 
     paragraph (1), the Commission shall ensure before termination 
     of the license involved that the licensee has made available 
     such bonding, surety, or other financial arrangements as may 
     be necessary to ensure that any necessary long-term 
     maintenance or monitoring needed for such site will be 
     carried out by the person having title and custody for such 
     site following license termination.
       ``(b) Title and Custody.--
       ``(1) Authority of secretary.--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

[[Page S8053]]

     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) Protection.--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. 506. 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 power 
     plant operators, supervisors, technicians, and other 
     appropriate operating personnel. Such regulations or guidance 
     shall establish simulator training requirements for 
     applicants for civilian nuclear power plant operator licenses 
     and for operator requalification programs; requirements 
     governing Commission administration of requalification 
     examinations; requirements for operating tests at civilian 
     nuclear power plant simulators, and instructional 
     requirements for civilian nuclear power plant licensee 
     personnel training programs.

     ``SEC. 507. EMPLACEMENT SCHEDULE.

       ``(a) The emplacement schedule shall be implemented in 
     accordance with the following:
       ``(1) Emplacement priority ranking shall be determined by 
     the Department's annual `Acceptance Priority Ranking' report.
       ``(2) The Secretary's spent fuel emplacement rate shall be 
     no less than the following: 1,200 MTU in fiscal year 2000 and 
     1,200 MTU in fiscal year 2001; 2,000 MTU in fiscal year 2002 
     and 2,000 MTU in fiscal year 2003; 2,700 MTU in fiscal year 
     2004; and 3,000 MTU annually thereafter.
       ``(b) If the Secretary is unable to begin emplacement by 
     November 30, 1999 at the rates specified in subsection (a), 
     or if the cumulative amount emplaced in any year thereafter 
     is less than that which would have been accepted under the 
     emplacement rate specified in paragraph (a), the Secretary 
     shall, as a mitigation measure, adjust the emplacement 
     schedule upward such that within 5 years of the start of 
     emplacement by the Secretary,
       ``(1) the total quantity accepted by the Secretary is 
     consistent with the total quantity that the Secretary would 
     have accepted if the Secretary had began emplacement in 
     fiscal year 2000, and
       ``(2) thereafter the emplacement rate is equivalent to the 
     rate that would be in place pursuant to paragraph (a) above 
     if the Secretary had commenced emplacement in fiscal year 
     2000.

     ``SEC. 508. TRANSFER OF TITLE.

       ``(a) Acceptance by the Secretary of any spent nuclear fuel 
     or high-level radioactive waste shall constitute a transfer 
     of title to the Secretary.
       ``(b) No later than 6 months following the date of 
     enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary is authorized to accept all spent nuclear fuel 
     withdrawn from Dairyland Power Cooperative's La Crosse 
     Reactor and, upon acceptance, shall provide Dairyland Power 
     Cooperative with evidence of the title transfer. Immediately 
     upon the Secretary's acceptance of such spent nuclear fuel, 
     the Secretary shall assume all responsibility and liability 
     for the interim storage and permanent disposal thereof and is 
     authorized to compensate Dairyland Power Cooperative for any 
     costs related to operating and maintaining facilities 
     necessary for such storage from the date of acceptance until 
     the Secretary removes the spent nuclear fuel from the La 
     Crosse Reactor site.

     ``SEC. 509. DECOMMISSIONING PILOT PROGRAM.

       ``(a) Authorization.--The Secretary is authorized to 
     establish a Decommissioning Pilot Program to decommission and 
     decontaminate the sodium-cooled fast breeder experimental 
     test-site reactor located in northwest Arkansas.
       ``(b) Funding.--No funds from the Nuclear Waste Fund may be 
     used for the Decommissioning Pilot Program.

     ``SEC. 501. WATER RIGHTS.

       ``(a) No Federal Reservation.--Nothing in this Act or any 
     other Act of Congress shall constitute or be construed to 
     constitute either an express or implied Federal reservation 
     of water or water rights for any purpose arising under this 
     Act.
       ``(b) Acquisition and Exercise of Water Rights Under Nevada 
     Law.--The United States may acquire and exercise such water 
     rights as it deems necessary to carry out its 
     responsibilities under this Act pursuant to the substantive 
     and procedural requirements of the State of Nevada. Nothing 
     in this Act shall be construed to authorize the use of 
     eminent domain by the United States to acquire water rights 
     for such lands.
       ``(c) Exercise of Water Rights Generally Under Nevada 
     Laws.--Nothing in this Act shall be construed to limit the 
     exercise of water rights as provided under Nevada State laws.

            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

     ``SEC. 601. DEFINITIONS.

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

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

       ``(a) Continuation of the Nuclear Waste Technical Review 
     Board.--The Nuclear Waste Technical Review Board, established 
     under section 502(a) of the Nuclear Waste Policy Act of 1982 
     as constituted prior to the date of enactment of the Nuclear 
     Waste Policy Act of 1996, shall continue in effect subsequent 
     to the date of enactment of the Nuclear Waste Policy Act of 
     1996.
       ``(b) Members.--
       ``(1) Number.--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) Chair.--The President shall designate a member of the 
     Board to serve as Chairman.
       ``(3) National academy of sciences.--
       ``(A) Nominations.--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) Vacancies.--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) Nominees.--
       ``(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 spent nuclear fuel or high-
     level radioactive waste activities under contract with the 
     Department of Energy.

       ``(4) Vacancies.--Any vacancy on the Board shall be filled 
     by the nomination and appointment process described in 
     paragraphs (1) and (3).
       ``(5) Terms.--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, except that a member of the Board whose 
     term has expired may continue to serve as a member of the 
     Board until such member's successor has taken office.

     ``SEC. 603. FUNCTIONS.

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

     ``SEC. 604. INVESTIGATORY POWERS.

       ``(a) Hearings.--Upon request of the Chairman or a majority 
     of the members of the Board, the Board may hold such 
     hearings, sit and act at such times and places, take such 
     testimony, and receive such evidence, as the Board considers 
     appropriate. Any member of the Board may administer oaths or 
     affirmations to witnesses appearing before the Board. The 
     Secretary or the Secretary's designee or designees shall not 
     be required to appear before the Board or any element of the 
     Board for more than twelve working days per calendar year.
       ``(b) Production of Documents.--
       ``(1) Response to inquires.--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 record, 
     files, papers, data, or information that is generally 
     available to the public as may be necessary to respond to any 
     inquiry of the Board under this title.
       ``(2) Extent.--Subject to existing law, information 
     obtainable under paragraph (1) shall be limited to final work 
     products of the secretary, but may include drafts of such 
     products and documentation of work in progress.

     ``SEC. 605. COMPENSATION OF MEMBERS.

       ``(a) In General.--Each member of the Board shall be paid 
     at the rate of pay payable for level III of the Executive 
     Schedule

[[Page S8054]]

     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. 606. STAFF.

       ``(a) Clerical Staff.--
       ``(1) Authority of chairman.--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) Provisions of title 5.--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) Authority of chairman.--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) Number.--Not more than 10 professional staff members 
     may be appointed under this subsection.
       ``(3) Title 5.--Professional staff members may be appointed 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service, and 
     may be paid without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates, except that no 
     individual so appointed may receive pay in excess of the 
     annual rate of basic pay payable for GS-18 of the General 
     Schedule.

     ``SEC. 607. SUPPORT SERVICES.

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

     ``SEC. 608. REPORT.

       ``The Board shall report not less than two times per year 
     to Congress and the Secretary its findings, conclusions, and 
     recommendations.

     ``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated for expenditures 
     such sums as may be necessary to carry out the provisions of 
     this title.

     ``SEC. 610. TERMINATION OF THE BOARD.

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

                     ``TITLE VII--MANAGEMENT REFORM

     ``SEC. 701. MANAGEMENT REFORM INITIATIVES.

       ``(a) In General.--The Secretary is directed to take 
     actions as necessary to improve the management of the 
     civilian radioactive waste management program to ensure that 
     the program is operated, to the maximum extent practicable, 
     in like manner as a private business. Notwithstanding any 
     other provision of law, the civilian radioactive waste 
     management program is not subject to laws or regulations 
     concerning the civil service as described in this title.
       ``(b) Office of Civilian Radioactive Waste Management 
     Employees.--
       ``(1) Compensation.--The Secretary shall, without regard to 
     section 5301 of title 5, United States Code, fix the 
     compensation of the Director and the Deputy Director of 
     Office of Civilian Radioactive Waste Management. The Director 
     shall, without regard to section 5301 of title 5, United 
     States Code, fix the compensation for all other Federal 
     employees assigned to the Office of Civilian Radioactive 
     Waste Management, define their duties, and provide for a 
     system of organization to fix responsibility and promote 
     efficiency. The Deputy Director may be removed at the 
     Director's discretion without regard to any laws, rules, or 
     regulations concerning personnel actions in the Civil Service 
     System or Senior Executive Service. Any other Federal 
     employee assigned to the Office of Civilian Radioactive Waste 
     Management may be removed at the discretion of the Secretary 
     or Director without regard to any laws, rules, or regulations 
     concerning personnel actions in the Civil Service System or 
     Senior Executive Service. The Secretary shall ensure that 
     Federal employees assigned to the Office of Civilian 
     Radioactive Waste Management are appointed, promoted, and 
     assigned on the basis of merit and fitness. Other 
     personnel actions shall be consistent with the principles 
     of fairness and due process specified in title 5 of the 
     United States Code, but without regard to those provisions 
     of said title governing appointments and other personnel 
     actions in the competitive service.
       ``(2) Application.--The provisions of paragraph (1) shall 
     not apply to Federal employees who may be, from time to time, 
     temporarily assigned to the Office of Civilian Radioactive 
     Waste Management. The use of temporary assignment of Federal 
     employees to the Office of Civilian Radioactive Waste 
     Management shall not be used in any manner to circumvent the 
     full application of the provisions in paragraph (1).
       ``(3) Transition.--The Secretary shall transition the 
     Federal employees assigned to the Office of Civilian 
     Radioactive Waste Management to the provisions of this 
     section in an orderly manner allowing for the development of 
     the needed procedures. Under no circumstances shall this 
     transition take longer than 6 months from the date of 
     enactment of this Section.
       ``(4) Retention of benefits.--Federal employees assigned to 
     the Office of Civilian Radioactive Waste Management and 
     transitioned to the provisions of this section shall retain 
     employment benefits in effect immediately prior to the 
     transition date. Transitioned employees will continue in the 
     Civil Service System's retirement system.
       ``(c) Audits.--
       ``(1) Standard.--The Office of Civilian Radioactive Waste 
     Management, its contractors, and subcontractors at all tiers, 
     shall conduct, or have conducted, audits and examinations of 
     their operations in accordance with the usual and customary 
     practices of private corporations engaged in large nuclear 
     construction projects consistent with its role in the 
     program.
       ``(2) Time.--The management practices and performances of 
     the Office of Civilian Radioactive Waste Management shall be 
     audited every 5 years by an independent management consulting 
     firm with significant experience in similar audits of private 
     corporation engaged in large nuclear construction projects. 
     The first such audit shall be conducted 5 years after the 
     enactment of the Nuclear Waste Policy Act of 1995.
       ``(3) Comptroller general.--The Comptroller General of the 
     United States shall annually make an audit of the Office, in 
     accordance with such regulations as the Comptroller General 
     may prescribe. The Comptroller General shall have access to 
     such books, records, accounts, and other materials of the 
     Office as the Comptroller General determines to be necessary 
     for the preparation of such audit. The Comptroller General 
     shall submit to the Congress a report on the results of each 
     audit conducted under this section.
       ``(4) Time.--No audit contemplated by this subsection shall 
     take longer than 30 days to conduct. An audit report shall be 
     issued in final form no longer than 60 days after the audit 
     is commenced.
       ``(5) Public documents.--All audit reports shall be public 
     documents and available to any individual upon request.
       ``(d) Value Engineering.--The Secretary shall create a 
     value engineering function within the Office of Civilian 
     Radioactive Waste Management that reports directly to the 
     Director, which shall carry out value engineering functions 
     in accordance with the usual and customary practices of 
     private corporations engaged in large nuclear construction 
     projects.
       ``(g) Site Characterization.--The Secretary shall employ, 
     on an on-going basis, integrated performance modeling to 
     identify appropriate parameters for the remaining site 
     characterization effort and to eliminate studies of 
     parameters that are shown not to affect long-term repository 
     performance.

     ``SEC. 702. REPORTING.

       ``(a) Initial Report.--Within 180 days of enactment of this 
     section, the Secretary shall report to Congress on its 
     planned actions for implementing the provisions of this Act, 
     including the development of the Integrated Management 
     System. Such report shall include--
       ``(1) an analysis of the Secretary's progress in meeting 
     its statutory and contractual obligation to accept title to, 
     possession of, and delivery of spent nuclear fuel and high-
     level radioactive waste beginning no later than November 30, 
     1999, and in accordance with the emplacement schedule;
       ``(2) a detailed schedule and timeline showing each action 
     that the Secretary intends to take to meet the Secretary's 
     obligation under this Act and the contracts;
       ``(3) a detailed description of the Secretary's contingency 
     plans in the event that the Secretary is unable to meet the 
     planned schedule and timeline; and
       ``(4) an analysis by the Secretary of its funding needs for 
     fiscal years 1997 through 2001.
       ``(b) Annual Reports.--On each anniversary of the submittal 
     of the report required by subsection (a), the Secretary shall 
     make annual reports to the Congress for the purpose of 
     updating the information contained in such report. The annul 
     reports shall be brief and shall notify the Congress of:

[[Page S8055]]

       ``(1) any modifications to the Secretary's schedule and 
     timeline for meeting its obligations under this Act;
       ``(2) the reasons for such modifications, and the status of 
     the implementation of any of the Secretary's contingency 
     plans; and
       ``(3) the Secretary's analysis of its funding needs for the 
     ensuing 5 fiscal years.''.
                                 ______
                                 

                    LEVIN AMENDMENTS NOS. 4846-4847

  (Ordered to lie on the table.)
  Mr. LEVIN submitted two amendments intended to be proposed by him to 
the bill, S. 1936, supra; as follows:

                           Amendment No. 4846

       On page 19, at the end of line 19, add the following: 
     ``This subsection shall not apply to bar any action seeking 
     declaratory or equitable relief or any other remedy or for a 
     determination of financial liability limited to the total 
     amount of the existing balance of the Nuclear Waste Fund on 
     the date of enactment of the Nuclear Waste Policy Act of 
     1996, in addition to prospective fee collections and 
     interest, that remain unexpended for storage and disposal 
     activities under the Nuclear Waste Policy Act of 1982 and 
     this Act, in the case of a material failure by the Secretary 
     in meeting the deadlines established by this Act.''.
                                                                    ____


                           Amendment No. 4847

       On page 13, strike lines 14 through 19.
                                 ______
                                 

                    INHOFE AMENDMENTS NOS. 4848-4849

  (Ordered to lie on the table.)
  Mr. INHOFE submitted two amendments intended to be proposed by him to 
the bill, S. 1936, supra; as follows:

                           Amendment No. 4848

       At the appropriate place in the bill insert the following 
     new section:

     SEC.   . LIMITATION ON PARTICIPATION BY MEMBERS OF CONGRESS 
                   IN FEDERAL RETIREMENT SYSTEMS.

       (a) Federal Employees' Retirement System.--
       (1) Limitation.--Chapter 84 of title 5, United States Code, 
     is amended by inserting after section 8410 the following:

     ``Sec. 8410a. Limitation relating to Members

       ``(a)(1) This section shall apply with respect to any 
     Member serving as--
       ``(A) a Member of the House of Representatives after 
     completing 12 years of service as a Member of the House of 
     Representatives; or
       ``(B) a Senator after completing 12 years of service as a 
     Senator.
       ``(2) For purposes of this subsection--
       ``(A) only service performed after the 104th Congress shall 
     be taken into account; and
       ``(B) service performed while subject to subchapter III of 
     chapter 83 (if any) shall be treated in the same way as if it 
     had been performed while subject to this chapter.
       ``(b) A Member to whom this section applies remains subject 
     to this chapter, except as follows:
       ``(1)(A) Deductions under section 8422 shall not be made 
     from any pay for service performed as such a Member.
       ``(B) Government contributions under section 8423 shall not 
     be made with respect to any such Member.
       ``(C) Service performed as such a Member shall not be taken 
     into account for purposes of any computation under section 
     8415.
       ``(2) Government contributions under section 8432(c) shall 
     not be made with respect to any period of service performed 
     as such a Member.
       ``(c) Nothing in subsection (b) shall be considered to 
     prevent any period of service from being taken into account 
     for purposes of determining whether any age and service 
     requirements for entitlement to an annuity have been met.
       ``(d) For purposes of this section, the term `Member of the 
     House of Representatives' includes a Delegate to the House of 
     Representatives and the Resident Commissioner from Puerto 
     Rico.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 84 of title 5, United States Code, is 
     amended by inserting after the item relating to section 8410 
     the following:

``8410a. Limitation relating to Members.''.

       (b) Civil Service Retirement System.--
       (1) Limitation.--Chapter 83 of title 5, United States Code, 
     is amended by inserting after section 8333 the following:

     ``Sec. 8333a. Limitation relating to Members

       ``(a)(1) This section shall apply with respect to any 
     Member serving as--
       ``(A) a Member of the House of Representatives after 
     completing 12 years of service as a Member of the House of 
     Representatives; or
       ``(B) a Senator after completing 12 years of service as a 
     Senator.
       ``(2) For purposes of subsection (a), only service 
     performed after the 104th Congress shall be taken into 
     account.
       ``(b)(1) A Member to whom this section applies remains 
     subject to this subchapter, except as follows:
       ``(A) Deductions under the first sentence of section 
     8334(a) shall not be made from any pay for service performed 
     as such a Member.
       ``(B) Government contributions under the second sentence of 
     section 8334(a) shall not be made with respect to any such 
     Member.
       ``(C) Service performed as such a Member shall not be taken 
     into account for purposes of any computation under section 
     8339, except in the case of a disability annuity.
       ``(2) Nothing in this subsection shall be considered to 
     prevent any period of service from being taken into account 
     for purposes of determining whether any age and service 
     requirements for entitlement to an annuity have been met.
       ``(c) Nothing in subsection (b) or (c) of section 8333 
     shall apply with respect to a Member who, at the time of 
     separation, is a Member to whom this section applies.
       ``(d) For purposes of this section, the term `Member of the 
     House of Representatives' includes a delegate to the House of 
     Representatives and the Resident Commissioner from Puerto 
     Rico.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 83 of title 5, United States Code, is 
     amended by inserting after the item relating to section 8333 
     the following:

``8333a. Limitation relating to Members of the House of 
              Representatives.''.

                           Amendment No. 4849

       At the appropriate plea, insert:

     SEC.   . FINDINGS.

       The Congress finds that--
       (1) over 10,000,000 people in the world are amputees, and 
     each year more than 250,000 people become amputees;
       (2) thousands of citizens of the United States depend on 
     the availability of prosthetic devices in order to function 
     fully in contemporary society;
       (3) a sizable number of amputees are unable to afford 
     adequate prosthetic care;
       (4) used prosthetic devices could be recycled for reuse by 
     amputees in the United States, but, because of the potential 
     liability of providers of those prosthetic devices, the 
     prosthetic devices are shipped to Third World countries;
       (5) making recycled prosthetic devices available to 
     economically disadvantaged amputees would enable those 
     amputees to live more comfortably and function fully;
       (6) nonprofit organizations would be uniquely suited to 
     provided recycled prosthetic devices to amputees, if they 
     could be enabled to do so in a cost-efficient manner;
       (7) in order to enable nonprofit organizations to provide 
     recycled prosthetic devices to amputees in a cost-efficient 
     manner, immediate action is needed to--
       (A) limit the liability of nonprofit organizations in 
     serving as providers of recycled prosthetic devices; and
       (B) minimize the cost of litigation against those providers 
     by establishing expeditious procedures to dispose of 
     unwarranted actions.

     SEC.   . DEFINITIONS.

       For purposes of this Act, the following definitions shall 
     apply:
       (1) Claimant.--
       (A) In general.--The term ``claimant'' means any person who 
     brings a civil action, or on whose behalf such action is 
     brought, arising from harm allegedly caused directly or 
     indirectly by a recycled prosthetic device.
       (B) Action brought on behalf of an estate.--With respect to 
     an action arising from harm caused directly or indirectly by 
     a recycled prosthetic device brought on behalf of or through 
     the estate of an individual, such term includes the decedent 
     that is the subject of the action.
       (2) Harm.--With respect to harm caused by a recycled 
     prosthetic device, the term ``harm'' includes any physical 
     injury, illness, disease, or death or damage to property 
     caused by that prosthetic device.
       (3) Nonprofit provider.--The term ``nonprofit provider'' 
     means an organization that is--
       (A) described in section 501(c) of the Internal Revenue 
     Code of 1986 that is exempt from taxation under section 
     501(a) of such Code; and
       (B) established for the purpose of providing prosthetic 
     devices to economically disadvantaged individuals.
       (4) Practitioner.--The term ``practitioner'' means a health 
     care professional associated with, employed by, under 
     contract with, or representing a nonprofit provider who--
       (A) is required to be licensed, registered or certified 
     under an applicable Federal or State law (including any 
     applicable regulation) to provide health care services; or
       (B) is certified to provide health care pursuant to a 
     program of education, training, and examination by an 
     accredited institution, professional board, or professional 
     organization.
       (5) Prosthetic device.--The term ``prosthetic device'' 
     means a mechanical or other apparatus used as an artificial 
     limb for amputees.
       (6) Recycled prosthetic device.--The term ``recycled 
     prosthetic device'' means a previously used prosthetic device 
     that--
       (A) has been reconditioned for use by a different amputee;
       (B) other than as provided under subparagraph (C), has not 
     been materially altered; and
       (C) if altered, has been altered only with respect to the 
     socket, frame, or any additional materials used to attach the 
     prosthetic device to the amputee.

     SEC.   . APPLICABILITY; PREEMPTION.

       (a) Applicability.--Notwithstanding any other provision of 
     law, this Act applies to any civil action brought by a 
     claimant in a Federal or State court against a nonprofit 
     provider or practitioner for harm allegedly caused by a 
     recycled prosthetic device.

[[Page S8056]]

       (b) Preemption.--
       (1) In general.--This Act supersedes any State law 
     (including any rule of procedure) applicable to the recovery 
     of damages in an action brought against a nonprofit provider 
     or practitioner for harm caused by a recycled prosthetic 
     device.
       (2) Other issues.--Any issue that is not covered by this 
     Act shall be governed by applicable Federal or State law.

     SEC.   . LIMITATION OF LIABILITY OF NONPROFIT PROVIDERS AND 
                   PRACTITIONERS.

       (a) In General.--Except as provided in paragraph (2), a 
     nonprofit provider shall not be liable for harm to a claimant 
     caused by a recycled prosthetic device.
       (b) Exception.--A court shall find a nonprofit provider or 
     practitioner liable for harm caused by a recycled prosthetic 
     device only if the claimant establishes that, the nonprofit 
     provider or practitioner engaged in an intentional wrongdoing 
     (as determined under applicable State law) that was the 
     proximate cause of such harm.

     SEC.   . PROCEDURES FOR DISMISSAL OF CIVIL ACTIONS AGAINST 
                   NONPROFIT PROVIDERS.

       In any action that is subject to this Act, a nonprofit 
     provider or practitioner who is a defendant in such action, 
     may, at any time during which a motion to dismiss may be 
     filed under applicable Federal or State law, move to dismiss 
     the action.
                                 ______
                                 

                   PRESSLER AMENDMENTS NOS. 4850-4851

  (Ordered to lie on the table.)

  Mr. PRESSLER submitted two amendments intended to be proposed by him 
to the bill, S. 1936, supra; as follows:

                           Amendment No. 4850

       Beginning on page 24, strike line 8 and all that follows 
     through page 25.
                                                                    ____


                           Amendment No. 4851

       Beginning on page 24, strike line 8 and all that follows 
     through page 25, line 11, and insert the following:
       ``(f) Employee Protection.--Any person engaged in the 
     interstate commerce of spent nuclear fuel or high-level 
     radioactive waste under contract to the Secretary pursuant to 
     this Act shall be subject to and comply fully with the 
     employee protection provisions of sections 20109 and 31105 of 
     title 49 United States Code. Qualified persons shall perform 
     the inspection and testing of trains under the provisions of 
     sections 215 and 232, Code of Federal Regulations, and shall 
     be trained pursuant to the standard required by section 
     203(g).
       ``(g) Training Standard.--No later than 12 months after the 
     date of enactment of the Nuclear Waste Policy Act of 1996, 
     the Secretary of Transportation, pursuant to authority under 
     other provisions of law, in consultation with the Secretary 
     of Labor and the Commission, shall promulgate a regulation 
     establishing training standards applicable to workers 
     directly involved in the removal and transportation of spent 
     nuclear fuel and high-level radioactive waste. The regulation 
     shall specify minimum training standards applicable to 
     workers, including managerial personnel. The regulation shall 
     require evidence of satisfaction of the applicable training 
     standard before any individual may be employed in the removal 
     or transportation of spent nuclear fuel and high-level 
     radioactive waste.

                          ____________________