Congressional Record, Volume 143 Issue 41 (Wednesday, April 9, 1997)

[Congressional Record Volume 143, Number 41 (Wednesday, April 9, 1997)]
[Senate]
[Pages S2881-S2900]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NUCLEAR WASTE POLICY ACT AMENDMENTS

The PRESIDING OFFICER. Under the previous order, the Senate will now
proceed to the consideration of S. 104, which the clerk will report.
The assistant legislative clerk read as follows:

A bill (S. 104) to amend the Nuclear Waste Policy Act of
1982.

The Senate proceeded to consider the bill, which had been reported
from the Committee on Energy and Natural Resources, with amendments; as
follows:

(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italic.)

S. 104

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
Nuclear Waste Policy Act of 1982 is amended to read as
follows:

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

``(a) Short Title.--This Act may be cited as the `Nuclear
Waste Policy Act of 1997'.
``(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.

``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.

``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.
``Sec. 703. Effective date.

``SEC. 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 1997, 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,' mean 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

[[Page S2882]]

``(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 11e. (2) of the Atomic Energy Act of 1954 (42 U.S.C.
2014(e). (2)); and
``(B) the Commission, consistent with existing law,
classifies as low-level radioactive waste.
``(21) Metric tons uranium.--The terms `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 terms `Nuclear Waste Fund'
and `waste fund' mean 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.
``(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 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 1997 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
practices.
``(e) Private Sector Participation.--In administering the
Integrated 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) Preexisting 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 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 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 1997, 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.

[[Page S2883]]

``(h) Benefits Agreement.--
``(1) In general.--The Secretary shall offer to enter into
an agreement with the City of Caliente and 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 the City of
Caliente and 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 1 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 the
City of Caliente and Lincoln County are 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.
``(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 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 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 consistent with Federal requirements
governing transportation of hazardous materials,
transportation of spent nuclear fuel and high-level
radioactive waste through populated 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
that 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.
[``(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.]

``SEC. 202. TRANSPORTATION PLANNING.

``(a) Transportation Readiness.--The Secretary--
``(1) shall take such actions as are necessary and
appropriate to ensure that the Secretary is able to transport
safely spent nuclear fuel and high-level radioactive waste
from sites designated by the contract holders to mainline
transportation facilities and from the mainline
transportation facilities to the interim storage facility or
repository, using routes that minimize, to the maximum
practicable extent consistent with Federal requirements
governing transportation of hazardous materials,
transportation of spent nuclear fuel and high-level
radioactive waste through populated areas, beginning not
later than November 30, 1999; and
``(2) not later than November 30, 1999, shall, in
consultation with the Secretary of Transportation and
affected States and tribes, develop and implement a
comprehensive management plan that ensures that 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 that date.
``(b) Transportation Planning.--
``(1) In general.--In conjunction with the development of
the logistical plan in accordance with subsection (a), the
Secretary shall update

[[Page S2884]]

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
not later than November 30, 1999.
``(2) Matters to be addressed.--Among other things,
planning under paragraph (1) shall provide a schedule and
process for addressing and implementing, as necessary--
``(A) transportation routing plans;
``(B) transportation contracting plans;
``(C) transportation training in accordance with section
203;
``(D) public education regarding transportation of spent
nuclear fuel and high level radioactive waste; and
``(E) transportation tracking programs.
``(c) Shipping Campaign Transportation Plans.--
``(1) In general.--The Secretary shall develop a
transportation plan for the implementation of each shipping
campaign (as that term is defined by the Secretary) from each
site at which high-level nuclear waste is stored, in
accordance with the requirements stated in Department of
Energy Order No. 460.2 and the Program Manager's Guide.
``(2) Requirements.--A shipping campaign transportation
plan shall--
``(A) be fully integrated with State, and tribal government
notification, inspection, and emergency response plans along
the preferred shipping route or State-designated alternative
route identified under subsection (d); and
``(B) be consistent with the principles and procedures
developed for the safe transportation of transuranic waste to
the Waste Isolation Pilot Plant (unless the Secretary
demonstrates that a specific principle or procedure is
inconsistent with a provision of this Act).
``(d) Safe Shipping Routes and Modes.--
``(1) In general.--The Secretary shall evaluate the
relative safety of the proposed shipping routes and shipping
modes from each shipping origin to the interim storage
facility or repository compared with the safety of
alternative modes and routes.
``(2) Considerations.--The evaluation under paragraph (1)
shall be conducted in a manner consistent with regulations
promulgated by the Secretary of Transportation under
authority of chapter 51 of title 49, United States Code, and
the Nuclear Regulatory Commission under authority of the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), as
applicable.
``(3) Designation of preferred shipping route and mode.--
Following the evaluation under paragraph (1), the Secretary
shall designate preferred shipping routes and modes from each
civilian nuclear power reactor and Department of Energy
facility that stores spent nuclear fuel or other high-level
defense waste.
``(4) Selection of primary shipping route.--If the
Secretary designates more than 1 preferred route under
paragraph (3), the Secretary shall select a primary route
after considering, at a minimum, historical accident rates,
population, significant hazards, shipping time, shipping
distance, and mitigating measures such as limits on the speed
of shipments.
``(5) Use of primary shipping route and mode.--Except in
cases of emergency, for all shipments conducted under this
Act, the Secretary shall cause the primary shipping route and
mode or State-designated alternative route under chapter 51
of title 49, United States Code, to be used. If a route is
designated as a primary route for any reactor or Department
of Energy facility, the Secretary may use that route to
transport spent nuclear fuel or high-level radioactive waste
from any other reactor or Department of Energy facility.
``(6) Training and technical assistance.--Following
selection of the primary shipping routes, or State-designated
alternative routes, the Secretary shall focus training and
technical assistance under section 203(c) on those routes.
``(7) Preferred rail routes.--
``(A) Regulation.--Not later than 1 year after the date of
enactment of the Nuclear Waste Policy Act of 1997, the
Secretary of Transportation, pursuant to authority under
other provisions of law, shall promulgate a regulation
establishing procedures for the selection of preferred routes
for the transportation of spent nuclear fuel and nuclear
waste by rail.
``(B) Interim provision.--During the period beginning on
the date of enactment of the Nuclear Waste Policy Act of 1997
and ending on the date of issuance of a final regulation
under subparagraph (A), rail transportation of spent nuclear
fuel and high-level radioactive waste shall be conducted in
accordance with regulatory requirements in effect on that
date and with this section.

``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 tribal governments prior to transportation of
spent nuclear fuel or high-level radioactive waste under this
Act.
``(c) Technical Assistance.--
``(1) In general.--
``(A) States and indian tribes.--As provided in paragraph
(3), the Secretary shall provide technical assistance and
funds to States and Indian tribes for training of public
safety officials of appropriate units of State, local, and
tribal government. A State shall allocate to local
governments within the State a portion any funds that the
Secretary provides to the State for technical assistance and
funding.
``(B) Employee organizations.--The Secretary shall provide
technical assistance and funds for training directly to
nonprofit employee organizations and joint labor-management
organizations that 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.
``(C) Training.--Training under this section--
``(i) shall cover procedures required for safe routine
transportation of materials and procedures for dealing with
emergency response situations;
``(ii) shall be consistent with any training standards
established by the Secretary of Transportation under
subsection (g); and
``(iii) shall include--

``(I) a training program applicable to persons responsible
for responding to emergency situations occurring during the
removal and transportation of spent nuclear fuel and high-
level radioactive waste;
``(II) instruction of public safety officers in procedures
for the command and control of the response to any incident
involving the waste; and
``(III) instruction of radiological protection and
emergency medical personnel in procedures for responding to
an incident involving spent nuclear fuel or high-level
radioactive waste being transported.

``(2) No shipments if no training.--(A) There will be no
shipments of spent nuclear fuel and high-level radioactive
waste through the jurisdiction of any State or the
reservation lands of any Indian tribe eligible for grants
under paragraph (3)(B) unless technical assistance and funds
to implement procedures for safe routine transportation and
for dealing with emergency response situations under
paragraph (1)(A) have been available to a State or Indian
tribe for at least 2 years prior to any shipment: Provided,
however, That the Secretary may ship spent nuclear fuel and
high-level radioactive waste if technical assistance or funds
have not been made available due to (1) an emergency,
including the sudden and unforeseen closure of a highway or
rail line or the sudden and unforeseen need to remove spent
fuel from a reactor because of an accident, or (2) the
refusal to accept technical assistance by a State or Indian
tribe, or (3) fraudulent actions which violate Federal law
governing the expenditure of Federal funds.
``(B) In the event the Secretary is required to transport
spent fuel or high level radioactive waste through a
jurisdiction prior to 2 years after the provision of
technical assistance or funds to such jurisdiction, the
Secretary shall, prior to such shipment, hold meetings in
each State and Indian reservation through which the shipping
route passes in order to present initial shipment plans and
receive comments. Department of Energy personnel trained in
emergency response shall escort each shipment. Funds and all
Department of Energy training resources shall be made
available to States and Indian tribes along the shipping
route no later than three months prior to the commencement of
shipments: Provided, however, That in no event shall such
shipments exceed 1,000 metric tons per year, And provided
further, That no such shipments shall be conducted more than
four years after the effective date of the Nuclear Waste
Policy Act of 1997.
``(3) Grants.--
``(A) In general.--To implement this section, grants shall
be made under section 401(c)(2).
``(B) Grants for development of plans.--
``(i) In general.--The Secretary shall make a grant of at
least $150,000 to each State through the jurisdiction of
which and each federally recognized Indian tribe through the
reservation lands of which a shipment of spent nuclear fuel
or high-level radioactive waste will be made under this Act
for the purpose of developing a plan to prepare for such
shipments.
``(ii) Limitation.--A grant shall be made under clause (i)
only to a State or a federally recognized Indian tribe that
has the authority to respond to incidents involving shipments
of hazardous material.
``(C) Grants for implementation of plans.--
``(i) In general.--Annual implementation grants shall be
made to States and Indian tribes that have developed a plan
to prepare for shipments under this Act under subparagraph
(B). The Secretary, in submitting annual departmental budget
to Congress for funding of implementation grants under this
section, shall be guided by the State and tribal plans
developed under subparagraph (B). As part of the Department
of Energy's annual budget request, the Secretary shall report
to Congress on--

``(I) the funds requested by states and federally
recognized Indian tribes to implement this subsection;
``(II) the amount requested by the President for
implementation; and
``(III) the rationale for any discrepancies between the
amounts requested by States and federally recognized Indian
tribes and the amounts requested by the President.

``(ii) Allocation.--Of funds available for grants under
this subparagraph for any fiscal year--

``(I) 25 percent shall be allocated by the Secretary to
ensure minimum funding and program capability levels in all
States and Indian tribes based on plans developed under
subparagraph (B); and
``(II) 75 percent shall be allocated to States and Indian
tribes in proportion to the number of shipment miles that are
projected to be made in total shipments under this Act
through each jurisdiction.

``(4) Availability of funds for shipments.--Funds under
paragraph (1) shall be

[[Page S2885]]

provided for shipments to an interim storage facility or
repository, regardless of whether the interim storage
facility or repository is operated by a private entity or by
the Department of Energy.
``(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] 1997, 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.
``(g) Training Standard.--(1) No later than 12 months after
the date of enactment of the Nuclear Waste Policy Act of
1997, 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 the employer possess evidence
of satisfaction of the applicable training standard 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
offsite 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 and transportation 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).
``(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 repository 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 subparagraph (B), the President shall
designate a site for the construction of an interim storage
facility. The President shall not designate the Hanford
Nuclear Reservation in the State of Washington as a site for
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 commence
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 1997, 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 1997, 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
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.--

[[Page S2886]]

``(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 1997 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 1997 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] in each year in which
the actual emplacement rate is greater than 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 1997, as set forth in the Secretary's annual capacity
report dated March 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] actual 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 1997;
``(B) spent nuclear fuel from foreign research reactors, as
necessary to promote nonproliferation objectives; and
``(C) spent nuclear fuel, including spent nuclear fuel from
naval reactors, and high-level radioactive waste from atomic
energy defense activities: Provided, however, That the
Secretary shall accept not less than 5 percent of the total
quantity of spent fuel accepted in any one year from the
categories of radioactive materials described in
subparagraphs (B) and (C).
``(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 of a facility under paragraph
(e)(1) of this section, and facility use pursuant to
paragraph (e)(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;
``(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 1997,
the Commission shall, by rule, establish criteria for the
storage in the interim storage facility of fuel and waste
listed in subsection (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 1997. Following establishment of
such criteria, the Secretary shall seek authority, as
necessary, to store fuel and waste listed in subsection
(e)(3) (A) through (C) at the interim storage facility. None
of the activities carried out pursuant to this subsection
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 1997, 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 furthers 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

[[Page S2887]]

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.--The Administrator of
the Environmental Protection Agency shall, pursuant to
authority under others provisions of law, issue generally
applicable standards for the protection of the public from
releases of radioactive materials or radioactivity from the
repository. Such standards shall be consistent with the
overall system performance standard established by this
subsection unless the Administrator determines by rule that
the overall system performance standard would constitute an
unreasonable risk to health and safety. 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),
and the Administrator's radiation protection standards. 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 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 1997, 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

[[Page S2888]]

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.

``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
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 on-site
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 governmental 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 rights, 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 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 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 subsection (a) 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.
``(3) Construction.--The maps and legal descriptions of
special conveyances referred to in subsection (b) 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 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
1997, 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] 2003, 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] 2003, 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 kilowatt-hour 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

[[Page S2889]]

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.
``(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 kilowatt-hour 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 1997 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 1997 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 1997, 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 1997;
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 1997, 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 subsections (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) Establishment.--There hereby is established within
the Department of Energy an Office of Civilian Radioactive
Waste Management. The Office shall be headed by a Director,
who shall be appointed by the President, by and with the
advice and consent of the Senate, and who shall be
compensated at the rate payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
``(b) Functions of Director.--The Director of the Office
shall be responsible for carrying out the functions of the
Secretary under this Act, subject to the general supervision
of the Secretary. The Director of the Office shall be
directly responsible to the Secretary.

``SEC. 403. FEDERAL CONTRIBUTION.

``(a) Allocation.--No later than 1 year from the date of
enactment of the Nuclear Waste Policy Act of 1997, 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).

``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``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

[[Page S2890]]

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.

``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 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.

[[Page S2891]]

``(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 subsection (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 1997, 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. 510. 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 1997, shall continue in effect subsequent
to the date of enactment of the Nuclear Waste Policy Act of
1997.
``(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.]
``The Board shall evaluate the technical and scientific
validity of activities undertaken by the Secretary after
December 22, 1987, including--
``(1) site characterization activities; and
``(2) activities relating to the packaging or
transportation of high-level radioactive waste or spent
nuclear fuel.

``SEC. 604. INVESTIGATORY POWERS.

``(a) Hearings.--Upon request of the Chairman or a majority
of the members of the Board, the Board may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence, as the Board considers
appropriate. Any member of the Board may administer oaths or
affirmations to witnesses appearing before the Board. [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 12 working days per calendar year.]
``(b) Production of Documents.--
``(1) Response to inquiries.--Upon the request of the
Chairman or a majority of the members of the Board, and
subject to existing law, the Secretary (or any contractor of
the Secretary) shall provide the Board with such records,
files, papers, data, or information [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) may include drafts of products
and documentation of work in progress.]
``(2) Availability of drafts.--Subject to existing law,
information obtainable under paragraph (1) shall not be
limited to final work products of the Secretary, but shall
include drafts of such products and documentation of work in
progress.

``SEC. 605. COMPENSATION OF MEMBERS.

``(a) In General.--Each member of the Board shall be paid
at the rate of pay payable for level III of the Executive
Schedule for each day (including travel time) such member is
engaged in the work of the Board.
``(b) Travel Expenses.--Each member of the Board may
receive travel expenses, including per diem in lieu of
subsidence, in the

[[Page S2892]]

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 and the Librarian of
Congress 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.]
``Notwithstanding section 401(d), and subject to section
401(e), there are authorized to be appropriated for
expenditures from amounts in the Nuclear Waste Fund under
section 401(c) 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.
``(b) 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
corporations 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 1997.
[``(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)] (3) 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)] (4) 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.
``(e) 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 Waste 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 acceptance schedule;
``(2) a detailed schedule and timeline showing each action
that the Secretary intends to take to meet the Secretary's
obligations under this Act and the contracts;
``(3) a detailed description of the Secretary's contingency
plans in the event that the Secretary is unable to meet the
planned schedule and timeline; and
``(4) an analysis by the Secretary of its funding needs for
fiscal years 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 annual
reports shall be brief and shall notify the Congress of:
``(1) any modifications to the Secretary's schedule and
timeline for meeting its obligations under this Act;
``(2) the reasons for such modifications, and the status of
the implementation of any of the Secretary's contingency
plans; and
``(3) the Secretary's analysis of its funding needs for the
ensuing 5 fiscal years.''

``SEC. 703. EFFECTIVE DATE.

This Act shall become effective one day after enactment.''.

Mr. MURKOWSKI. Mr. President, this begins our third day of debate on
S. 104, the nuclear waste repository legislation, which has been
introduced by myself and Senator Craig and a number of other
cosponsors. This may not be a very exciting topic, Mr. President, but
it is an important issue and it is an important responsibility for this
body.
What we have is a situation where, as the charts will show, at some
80 sites in 41 States this waste has been accumulating. The Federal
Government agreed in 1982 to accept this waste by 1998. Well, 1998 is
next year. Now, the site that has been suggested as being the best for
the waste is out in the Nevada desert at the Nevada test site.
Again, to refresh the memories of my colleagues, this is what the
site looks like. It was used for over 50 years for more than 800
nuclear weapons tests. It is probably one of the more remote areas in
the United States, but it is unique inasmuch as it has been a selected
test site.
Now, why this site? That is a legitimate question, and I know my
colleagues from Nevada are very concerned about it being designated in
their State. I am sympathetic to that. But the reality is that it has
to be put somewhere, Mr. President. In the debate yesterday, my
colleagues from Nevada claimed that during the development of our
nuclear program, it was necessary to do our patriotic duty to designate
an area out in the Nevada desert, and you might say their State was
used for that purpose as a contribution to the effort to fight and win
the cold war.
I think it is fair to say, and the statement was made yesterday, that
Congress chose that area to be studied for nuclear waste disposal for
political reasons. Well, I don't know whether that is correct or not.
It had to be somewhere. But Nevada is where we conducted nuclear tests,
and where there is radioactivity from those tests. But

[[Page S2893]]

in the debate yesterday, the Senators from Nevada indicated there was
no rational, technical, or scientific reason for placing a spent fuel
storage facility in Nevada. Well, I don't know any other place in the
country where we tested 800 nuclear bombs.
Now, it's also important to note that the Department of Energy spent
over a billion dollars studying other potential sites before narrowing
the list to three sites, including Yucca Mountain. Congress settled on
Yucca Mountain in 1987. It indicated that it had a unique geology, and
it tied in the reality that the Nevada test site had been used to
explode nuclear weapons for 50 years. In other words, it said that from
a geological point of view, it meets our expectations. Secondly, it is
an area that has been used, and, therefore, it should be sufficient for
this type of permanent repository.
As we look at this test site, we should recognize that the last
weapon was exploded underground there in 1991. Underground tests are
still being performed with nuclear materials being exploded with
conventional explosives, as I understand it, from time to time--all
with the wholehearted support, I might add, of the Nevada delegation.
In fact, not too long ago, one of the Nevada Senators supported storing
spent fuel at the site.
I have a copy of a resolution that reappeared, from the Nevada
assembly; it's joint resolution No. 15. That is a copy of the
resolution, Mr. President, dated February 26, 1975. I am not going to
read the whole resolution, but I think it is important to recognize
this:

Whereas, the people of southern Nevada have confidence in
the safety record of the Nevada test site and in the ability
of the staff to site and to maintain safety in handling of
nuclear materials.

And, also:

Whereas, nuclear waste disposal can be carried out at the
Nevada test site with minimal capital investment relative to
other locations.
That is from the copy of the resolution that we have on the chart
behind me.

Therefore, be it resolved by the assembly and the State of
Nevada jointly that the legislature of the State of Nevada
strongly urges the Energy Research and Development
Administration to choose the Nevada test site for the
disposal of nuclear waste.

Now, Mr. President, that was indicative of the attitude prevailing on
February 26, 1975. The resolution was passed. It passed the Nevada
Senate by a 12-6 vote, aided by the vote of one of our colleagues here
in the Senate from Nevada, and it was signed by the Governor of Nevada,
Mike O'Callaghan.
Well, I ask, Mr. President, what has changed? That test site hasn't
changed. It is still there. It still has a trained work force, still
has an infrastructure for dealing with nuclear materials. The geology
of the site certainly hasn't changed. Obviously, at least one of the
Nevada Senators thought it was the best place to store nuclear waste in
1975, or he would not have supported this resolution. In my opinion,
when you are all through with going through the areas in the rest of
the States, it is still the best place.
Where are we today? Well, we are still on our way--business as usual
around the Senate, putting off decisions. We began this debate in the
104th Congress with the consideration of S. 1271. The Nevada Senators
objected saying that the bill would gut environmental laws, allow
unsafe transportation, and endanger the health and safety of Americans.
We had objections from the administration saying that we were choosing
Nevada as the site prior to the determination that the Yucca Mountain
site would be viable as a permanent repository.

Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Committee Amendments En Bloc

Mr. MURKOWSKI. Mr. President, I ask unanimous consent the committee
amendments as presented be agreed to en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendments were agreed to en bloc.

Amendment No. 26

(Purpose: To provide milestones and requirements that allow thorough
analysis and public participation and decisions based on sound science)

Mr. MURKOWSKI. Mr. President, I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Alaska [Mr. Murkowski] proposes an
amendment numbered 26.

Mr. MURKOWSKI. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The text of the amendment is printed in today's Record under
``Amendments Submitted.'')
Mr. MURKOWSKI. Mr. President, I believe that the Senator from South
Carolina wishes to offer an amendment at this time.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. THURMOND. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 27

(Purpose: To provide that the Savannah River Site and Barnwell County,
South Carolina shall not be available for construction of an interim
storage facility)

Mr. THURMOND. Mr. President, I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from South Carolina [Mr. Thurmond], for himself
and Mr. Hollings, proposes an amendment numbered 27.
On page 28, line 16, after ``Washington'' insert the
following: ``, and the Savannah River Site and Barnwell
County in the State of South Carolina,''.

Mr. HOLLINGS. Mr. President, I rise today in support of the amendment
offered by myself and the senior Senator from South Carolina, Senator
Thurmond.
We all know the score, the chairman of the Energy and Natural
Resources Committee has outlined the state of our nuclear waste policy
and we are aware of the need to move this bill forward.
Currently, DOE is contractually bound to begin receiving spent
commercial nuclear fuel in 1998. Under the 1982 Nuclear Policy Act, DOE
was directed to identify, construct, and operate an underground
repository to dispose of the Nation's commercial nuclear fuel.
Identifying such a site proved difficult, so in 1987 Congress
intervened and directed DOE to study or characterize only one site,
Yucca Mountain, NV. Since 1987 DOE has been studying the Yucca Mountain
site to determine if it is a suitable site for the permanent
repository. This characterization was to be completed and, if the site
was suitable, a permanent facility was to be constructed by 1998.
I don't need to point out how far this process has fallen behind. If
it was on schedule then we would not be debating this bill today. It is
now 1997, and DOE has not finished its site characterization work. In
fact they tell me that, if there is no further delay and the site
checks out, then the permanent repository will not be ready until 2010
at the earliest.
Obviously that causes a problem since last year a Federal court held
that DOE does have an obligation to dispose of the waste by the 1998
deadline. So where does the waste go in 1998? Well, to Senator
Murkowski's credit, he is trying to answer that question. That solution
is to construct a temporary storage facility at the Yucca Mountain if
the site is suitable for the permanent repository.
The Senator from Alaska has tried to accommodate a bunch of competing
interests, and, hoping to avoid a veto by the White House, he has
provided a means by which the President can identify an alternative
site if the Yucca Mountain site is deemed unsuitable. It is this
provision, allowing the President to designate an alternative temporary
storage site, that brings me

[[Page S2894]]

here today. My friends from Oregon, Senators Wyden and Smith, both of
whom are on the Energy Committee, offered a provision at markup to
ensure that the DOE's Hanford Site be excluded as a possible
alternative temporary storage site.
As many of my colleagues know, the DOE's Savannah River Site is
located in my State, and I am here today to explain why, like the
Hanford Site, it is not a suitable site for a temporary facility. After
my colleagues hear SRS's disadvantages, they will agree. SRS is not the
place for this spent fuel.
The amendment before us simply codifies that position. It simply
states that the Savannah River Site and Barnwell County South Carolina,
like Hanford, cannot be identified by the President as an alternative
temporary storage site.
I am not going to spend time arguing why Yucca Mountain is the best
site for this facility. The chairman of the Energy Committee has done a
fine job of that. What I will do is tell you why SRS is not the site.
SRS is a 198,000-acre reservation located in South Carolina and
abutting Georgia. It is 12 miles southwest of Augusta, GA, and 10 miles
south of Aiken, SC. This is a highly populated area which has been and
continues to grow rapidly. I have heard people argue that the Savannah
River Site is some rural out-of-the-way place. Well, that is just not
the case. The population within a 50-mile radius of SRS numbers about
615,000. This obviously encompasses all of Aiken, SC, and Augusta, GA,
whose combined population is more that 400,000 people, plus a number of
smaller communities that are too numerous to mention.
What is more astounding is that the population living within a 100-
mile radius of the site numbers 2.6 million people. This includes a
number of larger cities including the capital of South Carolina,
Columbia, Charleston, SC, Hilton Head, SC, Savannah GA, and Augusta,
GA. In fact, there are private homes located on private lands located
within 200 feet of the site.

To say this is a far and out-of-the-way place is just not the case.
Putting additional nuclear waste in such a highly populated area is
crazy.
In addition, as I understand the scientists, their most constant fear
is that nuclear material is exposed to water and leaches into surface
or subsurface waters and that this water carries the contamination off-
site. Therefore it is critical that this nuclear material be kept dry
and away from the corrosive effects of water.
Well, for anyone who has visited the Savannah River site, or, for
that matter the lowcountry of South Carolina, they know that in reality
it is all wetlands or as some say, a swamp. In fact, the Savannah River
site is literally surrounded by water. There are extensive water
resources on, under, and adjacent to the site.
The Savannah River, which marks the border of the States of South
Carolina and Georgia also marks the 20-mile western boundary of the
site and six major streams flow through the site and into the river.
It is this river, the Savannah, which supplies drinking water for
Beaufort and Jasper Counties in South Carolina and the town of Port
Wentworth, GA. In addition, it runs directly through the city of
Savannah, GA, downstream and supports an active commercial and sport
fishing industry.
Studies indicate that portions of the site are within the 100-year
flood plain, and although this information is not available, I would
not be surprised to find that the entire site is within the 500-year
flood plain.
Under the surface there are several aquifer systems. The largest of
which is the Cretaceous or Tuscoloosa Aquifer. It is a huge aquifer
stretching all across the Southeast. In general, the groundwater on the
site flows into one of the numerous streams or swamps on the site and
then flows into the Savannah River which is, as I mentioned earlier,
the source of drinking water for numerous cities and towns downstream.
The water not making its way to the river is absorbed into the ground
and eventually makes it to the groundwater. The level of this
groundwater, like its flow, varies but in some places it is literally
within inches of the surface. The rate of flow for this groundwater
varies with areas where it travels as fast as several hundred meters a
year. So it is not hard to imagine a scenario, and we have had cases,
where nuclear contaminants have reached the groundwater and quickly
moved off site.
It is interesting to note, but not surprising, that virtually every
county in South Carolina and Georgia has some number of households
getting their drinking water directly from these subsurface aquifers.
In fact, over 50 percent of the households in two counties that abut
the site draw their drinking water from wells.
Obviously, with the abundant wetlands, rivers, streams, and, an
abundance of precipitation, averaging over 44 inches per year, the
Savannah River site is not the place for this spent fuel--if you want
to keep it dry.
There are numerous other reasons to eliminate the Savannah River site
from consideration. Not the least of which is that South Carolina and
the Savannah River site are already doing their share to safely store
nuclear waste. In fact, foreign research reactor fuel shipped from all
over the world passes right by my front door as it is being shipped to
Charleston and then up to the Savannah River site. In addition, the
site is constantly receiving waste from the nation's nuclear defense
facilities and domestic research reactors. We have all the waste we can
handle.
Trust me, I have visited the site repeatedly over my career, and I am
aware of the cleanup job we face down there. We have spent years
getting a waste processing facility up and running, and we are just now
really beginning to clean up the 33 million gallons of liquid high-
level nuclear waste on site. That does not include all the other forms
of waste: low-level, transuranic, and hazardous. To add more waste to a
site which has its hands full cleaning up the mess caused by 40 years
of nuclear weapons production is not the solution.
It is clear given the dense population of the area and its geography
that it is not the best site for any waste. Our goal should be to
ensure that the Savannah River site is cleaned up and that its waste is
stabilized and moved off-site. The site is not suitable to receive
additional waste. This amendment simply ensures that the Savannah River
site is not overrun with waste and that it continues without
interruption the cleanup and stabilization of its existing
contamination.
I urge my colleagues to adopt the amendment. I yield the floor.
Mr. President, I urge adoption of the amendment.
Mr. REID addressed the Chair.
The PRESIDING OFFICER (Mr. Gregg). The Senator from Nevada.
Mr. REID. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The assistant legislative clerk proceeded to
call the roll.
Mr. BAUCUS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The remarks of Mr. Baucus pertaining to the introduction of S. 532
are located in today's Record under ``Statements on Introduced Bills
and Joint Resolutions.'')
Mr. BAUCUS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BINGAMAN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Ms. Collins). Without objection, it is so
ordered.
Mr. BINGAMAN. Madam President, I ask unanimous consent that I be
allowed to speak for up to 10 minutes as in morning business.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The Senator from New Mexico is recognized.
(The remarks of Mr. Bingaman pertaining to the introduction of S. 532
are located in today's Record under ``Statements on Introduced Bills
and Joint Resolutions.'')
Madam President, I yield the floor and suggest absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.

[[Page S2895]]

Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Faircloth). Without objection, it is so
ordered.

Unanimous Consent Agreement

Mr. MURKOWSKI. Mr. President, I ask unanimous consent that I may be
allowed to speak for up to 20 minutes, followed by Senator Reid and
Senator Bryan for up to 10 minutes each, and further, that debate only
be in order at this time.
Mr. REID addressed the Chair.
The PRESIDING OFFICER. The Chair recognizes the Senator from Nevada.
Mr. REID. Mr. President, reserving the right to object, if I
understand the unanimous consent request, the manager of the bill will
speak for 20 minutes, the Senators from Nevada will speak for 10
minutes each, and there will be no further debate on this bill tonight.
Is that correct?
Mr. MURKOWSKI. It wasn't my intent necessarily to eliminate debate
from any other Senator who may come down. I have no objection if that
is the proposal from the other side.
Mr. REID. I want no further debate tonight.
Mr. MURKOWSKI. Then I would agree. If we may withhold that for a
moment, let me check with the Cloakroom. I want to make sure we don't
have anyone else.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Thomas). Without objection, it is so
ordered.
Mr. MURKOWSKI. Mr. President, I advise my colleagues from Nevada that
I agree to their alteration to the agreement which would limit debate
to 20 minutes on this side and 10 minutes each, with the understanding
that there be no further debate at this time.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MURKOWSKI. I thank the Chair.
Mr. President, we began this debate with the consideration of Senate
bill 1271. The Senators from Nevada, of course, objected, saying the
bill would gut environmental laws, saying it would allow unsafe
transportation and endanger the health and safety of Americans.
We had objections from the administration. They opposed choosing
Nevada as the interim site prior to a determination that Yucca Mountain
would be viable as a permanent repository. To address these concerns
and others, we have attempted to adjust our bill. We began with Senate
bill 1271, then a new bill, Senate bill 1936, and again with an
amendment in the form of a committee substitute to Senate bill 1936.
With each new version of the bill, we attempted to strengthen the
public health and environmental safeguards as well as meet the criteria
of Members who were concerned about these items.
First, in an effort to address the administration's concerns, we made
it clear that no construction of an interim facility would take place
at the Nevada test site until Yucca Mountain was determined to be
technically viable as a permanent repository. So let me make that
clear. No construction would be initiated without the viability being
determined.
We have extended the time period in order to accommodate the reality
that nothing moves very fast when you are addressing nuclear waste.
With respect to concerns over radiation protection standards, we
began with a 100-millirem standard which could not be reviewed by any
Federal agency. The bill before us today allows the EPA to issue a
stricter standard if it determines one is necessary. So we have
tightened up on the radiation standards.
With respect to the NEPA requirements, our latest version requires
the Department of Energy and the NRC to fulfill the requirements of
NEPA in conjunction with the operation of both an interim storage
facility and a repository. Our first bill did not contain that
requirement. So, again, we tightened it up with regard to NEPA
requirements.
With respect to concern about transportation safety, we have accepted
transportation language offered by Senator Moseley-Braun of Illinois,
Senator Wyden, and others.
With respect to the preemption of other laws, we proposed language
consistent with the preemption authority found in the existing
Hazardous Material Transportation Act. Indeed, I think we have made
substantial changes in the bill. What is before us today is far
different than what we originally introduced as Senate bill 1271 in the
104th Congress.
Despite all of the changes we have made, the opponents of this bill
continue to object to the bill as if no changes were made. We have
heard it referred to as ``Mobile Chernobyl,'' ``emasculating NEPA
laws'' and ``running roughshod over all environmental laws.''
The emotional rhetoric that has been used fails to recognize the
changes we have made in this bill and the charges that we have refuted.
The suggestion has been made that the transportation is unsafe. We
have shown how we have safely been moving fuel around for many years. I
have some charts behind me to show that. Not only have we moved fuel,
but fuel has been moved overseas.
Here is a chart showing specifically fuel what is coming to the
United States from other countries: Australia; it is coming from
Turkey, Iran, Pakistan, and Canada. How does it get here? It moves. It
is transported. And it is transported safely. The French, the Japanese,
and the Swedes are moving spent nuclear fuel. Spent nuclear fuel is
coming from Japan, going to France for reprocessing, being taken back
to Japan, and being put back in the reactors. They have what they call
reprocessing. They don't bury their waste. They put it back in the
reactors and burn it. It combats proliferation. I am not here to argue
the merits of that. I am simply showing that this waste does move, and
it moves in transportation casks.
We have heard it argued that transportation casks are unsafe. But we
have shown that the transportation casks can withstand significant
exposure to crashes, and can survive fires. We have shown the casks
have been tested by a locomotive hitting them at the 90 miles an hour,
or crash into a brick wall at 80 miles per hour, submerged in water,
and bathed in fire. These casks are safe, and they are designed to
survive any type of real world accident. We have the technology to do
that.
I also want to show a chart relative to the movement of waste
throughout the United States, which I think is significant inasmuch as
it reflects on the reality that we move a tremendous amount of waste
throughout the United States.
But here we are. In the years 1979 to 1995, there were 2,400
shipments across the United States through every State except Florida
and South Dakota. I don't know how we missed those. But there are the
transportation routes. So we have moved them safely. We have shown that
our national labs have certified that the casks can survive any real
world crash.
We have heard statements that radiation protection standards are
unsafe. We have shown how our standard is more protective than the
current EPA guidance that allows five times as much. We allow EPA to
tighten the standards further, if need be.
It has been said on the other side that the Nuclear Waste Technical
Review Board says there is no compelling technical or safety reasons to
move fuel through a central location.
We have shown that a more complete reading of the Technical Review
Board's testimony--and their report--indicates there is a need for
interim storage, and there is a need for Yucca if Yucca is determined
to be a suitable site for the permanent repository.
The other side has indicated we can delay this action until August
1998, at a time when a viability determination is made with respect to
Yucca.

We have shown that delay is what has gotten us into this situation in
the first place.
There is a court case which has already determined that the Federal
Government is liable because of its delays and its inability to accept
the waste.
Eight months from now, when the Government is in breech of contract,

[[Page S2896]]

then the courts are going to consider the damage that we face.
We as legislators have a responsibility to protect the taxpayers.
With each delay, the damage is going to mount. With each delay, the
liability to the taxpayer will mount. With each delay, there will be a
pressure to yield to even further delays. The call for delay is really
a siren's song. It is a trap. It is an excuse for no action.
Only yesterday I heard our ranking member, Senator Bumpers,
suggesting that we could wait until August 1998 to deal with this
problem. Well, it might sound reasonable at first. It has been so long
now. But let's give it a little more thought.
Will Congress deal with the nuclear waste issue in an election year
with time running out in the 105th Congress? I think not. Will my
friends from Nevada forego their rights to filibuster the bill at that
time? I think not. As a practical matter, delay until August 1998 will
slip to 1999. And, if we are waiting until 1999, why not allow the
decision to wait for the license applications in 2001 or 2002? All the
while we will be in violation of our contractual commitment. We will be
increasing the damages. If we delay until 2001 or 2002, then why not
delay until final licensing of a permanent repository is due in the
year 2015.

Let me refer you to the picture of where we propose to put this. This
waste would be put in a temporary repository located at the Nevada test
site, which was used for more than 50 years and over 800 nuclear
weapons tests have taken place in that area.
That is what we propose. It would be adjacent to the continuing
development of a permanent site in Yucca Mountain. We have gotten
nearly 5 miles of tunnel done now. The problem is that site is not
going to be ready until the year 2015.
I do not expect the changes we have made in this bill, along with the
others, will necessarily satisfy all my friends on the other side. All
the members of the Nevada delegation have appeared before the
committee, and they have said they would oppose any approach that would
bring nuclear waste to Nevada, so I do not realistically expect my good
friends to change their minds. They are doing what they feel they must
do for their State. But I do hope my other colleagues who have not
expressed support for our bill will understand just how far we have
already come to make accommodations and to reject the emotional
rhetoric that has been heard so often with regard to this bill.
We are starting this bill with 63 votes. That is what we had last
year. It is no secret that we are seeking a higher number. So we are
prepared to adopt amendments today to further address the concerns of
some Members who have indicated concerns to the White House as well and
to generally try to tackle all reasonable concerns that still may
persist about the bill. We have developed this substitute amendment. We
have worked closely with Senator Bingaman, and I commend him and his
staff for their hard work.
Let me go over the amendments very briefly, point by point. S. 104
sets the size of the interim storage facility at 60,000 metric tons.
Opponents of S. 104 have charged that the large size of this interim
storage facility diverts resources away from the permanent repository
at Yucca.
The Senators from Nevada have also incorrectly stated that it is our
intent to make the interim repository the de facto permanent
repository. Clearly, that is not the case.
Our amendment allows the Secretary to set the size of the facility
based on the emplacement. Initial capacity would be 33,100 metric tons.
This adequately addresses charges made by the critics of S. 104 that
the repository is too large, and it makes it clear that the interim
facility can never be a substitute for a permanent repository.
As we have said all along, the work at Yucca for the permanent
repository will go on; it must go on. This provision in our substitute
makes it clear that it has to go on.
S. 104, as reported, envisioned the initial operation of a central
storage facility by December 31 in the year 2002, if Yucca Mountain is
determined to be viable, and December 31, 2004, if it is determined not
to be viable. Critics of S. 104 charged that this did not allow
adequate time for the NEPA and the NRC licensing process to work.
Our amendment addresses these concerns by shifting those dates to
June 30, 2003, and June 30, 2005.
S. 104 sets a 100-millirem dose standard that could be reviewed and
changed to protect public health and safety. Critics of S. 104 argued
that this was not good enough and that there should be a risk-based
standard as recommended by the National Academy of Sciences.
Our amendment, therefore, mandates full EPA involvement in the
setting of the risk-based radiation protection standard that is likely
to result in a standard of 25 to 30 millirem. This is the approach
endorsed by the Senators from Nevada I believe yesterday.
S. 104 ensured that the State and local jurisdictions could not
hamstring Federal intent by allowing the Atomic Energy Act and the
Hazardous Materials Transportation Act to preempt all inconsistent
laws. Critics charged that this preemption authority was too broad
because it allowed Federal laws to be preempted as well.

Our amendment, therefore, makes it clear that our bill would preempt
State and local laws only, only where State intransigence prevents
Federal purposes. We have adopted a more narrow approach that attempts
to I think bring in a careful balance of State and Federal law.
We do not preempt Federal law. Therefore, let us be very clear about
what we have attempted to do with our amendment here today. We have
worked to address all the key objections of critics of S. 104 and still
have a bill.
The statement of administration position and the recent letters sent
to the majority leader by the Secretary of Energy really are not
referring to the bill that incorporates the amendments we proposed here
today, so their objection, if you will, is inappropriate because it
does not relate to the changes we have made, and we look forward to any
comments the administration might make with regard to these
adjustments.
Let me go over each of the administration's criticisms and how we
have addressed them. The administration's position initially stated
that S. 104 would ``effectively replace EPA's authority to set
acceptable release standards.''
Mr. President, I am going to need about 3 more minutes here with no
objection from my colleagues from Nevada. I would ask that they be
extended 3 more minutes as well.
Mr. REID. Whatever the Senator needs, we will extend the time.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MURKOWSKI. I thank my friend. Let me begin again.
The administration's position states that S. 104 would ``effectively
replace EPA's authority to set acceptable release standards.'' Our
amendment, as I have stated earlier, places the EPA in a key role
developing risk-based standards for the repository consistent with the
recommendations of the National Academy of Sciences.
The administration position states that S. 104 would create loopholes
in the application of the National Environmental Policy Act.
We have answered that. A full EIS is required prior to placement of
any waste in temporary storage or the repository, and our amendment
requires the evaluation of transportation which S. 104 excluded.
The administration also stated that S. 104 would ``weaken existing
environmental standards by preempting all Federal, State and local laws
inconsistent with the environmental requirements of this bill and the
Atomic Energy Act.''
Our amendment completely changes section 501 of the bill. There will
be full application of health and safety laws except where the local
jurisdiction attempts to unreasonably stand in the way of the Federal
mandate.
The administration's position further states that S. 104 ``would
undermine the ongoing work at the permanent disposal site by siphoning
away resources.''
That is simply not true. Our amendment establishes a user fee which
was specifically added to provide sufficient funds for the construction
and operation of a central storage facility and continued work at Yucca
Mountain.
Finally, the administration's position states that ``it would
undermine

[[Page S2897]]

the credibility of the Nation's nuclear waste disposal program by
designating a site for an interim storage facility before viability has
been assessed.''
As I have said earlier, that is simply not true. Our bill
specifically conditions the use of the Nevada test site as a site for a
temporary storage until completion, until completion of a viability
assessment for the repository at Yucca Mountain. We have attempted to
mirror the administration's position on this issue, and I think we
have.
Mr. President, we have worked very hard to satisfy legitimate
concerns of the administration and all Senators. We continue to remain
open to suggestions. Our willingness to consider new approaches will
not stop with the Senate passage of this bill. There will be
consideration in the House, and there will be a conference. This is not
the last word. We will continue our quest for compromise that is not
only acceptable to a bipartisan majority of Congress but hopefully the
President as well.
Finally, Mr. President, I want to again advise my colleagues of my
thanks to Senator Bingaman for the efforts made to accommodate his
amendments. I think we were able to accommodate seven of the eight. I
would like to conclude by simply explaining the one that we could not
resolve.
As the Chair is aware, Senator Bingaman opposes our provision, and
that specific provision is if the Yucca Mountain site fails as a
permanent disposal site, if it fails in the sense of the licensing
viability or suitability test, why, then the President must pick an
alternative temporary site. Our position is that if we should get to
this point, and it is very unlikely that it could occur, that Yucca
would fail as a permanent disposal site, it would be the President's
obligation to pick a temporary site. It would also bind Congress in
approving the President's site. However, if Congress does not approve,
or if the President fails to pick a site in 2\1/2\ years, then we go
back to the Nevada test site more or less as the default position.
Senator Bingaman's position is a little different. He says if Yucca
fails and the President picks a site, and, of course, Congress must
approve, but if the Yucca site is not approved and the President does
not pick, or Congress does not approve, then the waste would stay where
it is, at 80 sites in 41 States, and it would stay there, well, until
we developed a new nuclear waste program for the country. It could stay
there basically, in his contention, for an extended period of time.
We found that irreconcilable. We feel that in order to bring this to
a conclusion, we have to structure the amendments in such a way as to
determine, indeed, that if Yucca Mountain is not deemed to be an
adequate site and if the President finds it necessary as a consequence
of Yucca not being deemed an adequate site, the responsibility is the
President's, with the approval of Congress, but if all proposed to duck
responsibility, then clearly it comes back to the Nevada test site in
default. And the rationale for that is obvious. Without closing the
loop, we have left a loophole, and we would not see a satisfactory
determination by the parties who must bear the responsibility. And the
Congress and the Senate certainly share in that.
So with that concluding remark, I yield and encourage the Chair to
grant an equal amount of time to my good friends from Nevada.
I thank the Chair.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Mr. President, will the Chair advise the Senator from
Nevada how much time the Senator from Alaska consumed?
The PRESIDING OFFICER. The Senator consumed 25 minutes.
Mr. REID. Will the Chair advise the Senator when he has used 11
minutes?
The PRESIDING OFFICER. Yes, sir. If you will proceed, I will be happy
to do that.
Mr. REID. Mr. President, I do not mean in any way to denigrate pigs.
I like pigs. As far as I am concerned, they do not look too bad. But no
matter how you dress up a pig, formal clothes or dress, it still looks
like a pig. And this legislation, no matter how you dress it up, still
appears to be garbage. It is a bill that is not good legislation. No
matter how you dress it up, it is a bad piece of legislation. Not the
least reason for that, Mr. President, is the fact that now, this year,
we are trying to interchange the word ``viability'' with
``suitability.'' They are two totally different concepts with two
totally different meanings.
As defined by the Department of Energy, viability is simply a finding
that to that point in time, no disqualifying characteristic has been
found. It simply says to this point we have not yet found anything
wrong. It does not mean that the site will be suitable. Subsequent to
viability, there is significant additional technical study to be
pursued in the context of a repository design. The site could still be
found unsuitable for an extended period later, while they find out if
it is suitable. So an assessment of viability does not mean much.
This distinction between viability and suitability has been
repeatedly pointed out to the Congress. It is a shame that in this
debate, this year, we are now trying to satisfy the element of
suitability by using the word ``viability.'' The distinction was
emphasized by the immediate past Director of DOE's Office of Civilian
Radioactive Waste Management, who cannot be considered someone who is
opposed to the nuclear industry. He simply said the finding of
suitability is much different and a much higher standard than the
finding of viability.
The distinction was emphasized in S. 104 testimony by the Chairman of
the Nuclear Waste Technical Review Board. He said repeatedly, as did
the former Chairman of the Office of Radioactive Waste Management, ``Do
not confuse viability with suitability. Suitability is the final step
before license applications can be pursued. No centralized interim
storage should be approved before that suitability decision has been
made.'' This is very clear. So, in this debate let us not confuse
suitability with viability.
There have been constant statements made on this Senate floor during
the past few days that nuclear waste transportation is just fine, they
do it other places. How many times have we heard statements, people
saying we transport nuclear waste all over? Let me read from a letter
written to my colleague, Senator Richard Bryan, on March 28, 1997. This
is not something that took place in ancient history. This is a brandnew
letter. Let me read it:
Dear Senator Bryan: As the Senate prepares for a vote on S.
104, I thought you might find my recent experience with real-
world transportation of radioactive waste in Gorleben,
Germany of interest.
In early March, I was part of an international team which
monitored the transport of six CASTOR casks of high-level
atomic waste from southern Germany to the small northern
farming community of Gorleben, a distance of about 300 miles.
My experiences are chronicled in the enclosed issue of the
Nuclear Monitor. But I want to add just a few points.
Too often, I feel like many of your Senate colleagues
believe nuclear waste transportation is just another routine
industrial endeavor and that, if they vote for a bill like S.
104, this transport will just be carried out with few
problems.
The reality in Germany is quite different. The CASTOR
shipments were met with protest every mile of the way. The
shipments were front page news in every German newspaper the
entire week I was in the country. Near Gorleben, a farming
area and home of the ``interim'' waste storage facility,
opposition to the transport and the ``interim'' facility is
very nearly unanimous. In some towns nearby, I could not find
a single house or farm that did not display anti-CASTOR,
anti-nuclear, and anti-government signs. Farmers barricaded
roads, and dug holes under them so the 100-ton CASTOR casks
could not travel across them. Schoolchildren were forcibly
removed from their schools, so police could use them as
staging areas. The CASTOR transports had changed a quiet,
conservative region of Germany into a bastion of protest and
anger, causing a divisiveness in German society only now
being recognized by the German Parliament, which has begun
hearings on the issues.
The transport of these six casks required 30,000 police and
$100 million. More than 170 people were injured during
demonstrations, more than 500 arrested. Even the police have
called for an end to the shipments; they no more like
arresting demonstrators (who many sympathize with) than they
like guarding highly radioactive waste casks. I personally
measured the radiation from one of these casks: at 15 feet,
it was 50 times higher than background levels--an amount
no one should involuntarily be exposed to, and pregnant
women and children should never be exposed to. The police,
of course, stand much closer than 15 feet, and for hours
at a time.

[[Page S2898]]

Eight casks, of 420, have been shipped to Gorleben. Total
cost to the German government has been about $150 million.
Each shipment the protests and anger increase, instead of
dying down.
Perhaps obviously, while watching the casks lumber down the
highway toward Gorleben, at about 2 miles per hour (it took
them about six hours to move the final 14 miles), surrounded
by police and protestors, I reflected on what this might mean
to our own radioactive waste programs. We're not trying to
move six casks, or eight, or even 420. Under S. 104, we could
be moving as many as 70,000 casks--not six in one year, but
six every day. And we wouldn't be moving them 300 miles, but
many hundreds and thousands of miles at a time.
I frankly don't know if we will experience protests like
those in Germany, though I suspect we will. But I do know we
will experience the same type of anger expressed by the local
farmers and townspeople, the same type of distrust of
government and authority, and the same kinds of societal
divisions. And I have to ask myself, has anyone in the Senate
actually thought about what these waste shipments could mean?
I fear not.
Nor, I am convinced, is the U.S. government as prepared as
the German government to handle these shipments. Germany was
able to place 30,000 police, brought in from all across the
country, along the transport route. Medical people and the
Red Cross were well in evidence. The first line of emergency
responders--the police--obviously were present for every mile
of the transport. And they were clearly well-trained, if
sometimes visibly uncomfortable in their roles.
It will not work to simply load up a huge cask of high-
level atomic waste from a nuclear utility and send it onto an
American highway or railway like a truck or boxcar carrying
cars or oranges or even gasoline or some other hazardous
material. Radioactive waste shipments are qualitatively
different and require much more thought, planning and
contemplation than the U.S. Senate so far appears willing to
provide.
In the end, it required establishment of a literal police
state in the Wendland area of Germany, and very nearly a war
zone, to complete this cask movement. I do not believe this
would be a credible or accepted policy in the United States.
With only eight of 420 casks shipped, Germany's Parliament
is re-evaluating the entire program. Perhaps we can learn
from them, and begin our re-evaluation before the shipments
start.
I would be happy to further brief you or your colleagues on
my experiences at your convenience.

It is signed by Michael Mariotte.
So, Mr. President, saying you can ship these casks with no problem is
just not common sense, in light of what has happened in other places of
the world. In the country of Germany, a very sophisticated country,
Parliament has had to stop the shipment program.
This substitute is no different from the bill as originally
submitted. S. 104 and its nuclear industry advocates insist that waste
will be stored in Nevada no matter what. And they do not at all
consider the transportation problems, as I indicated we should. The
substitute amendment says that if Yucca Mountain is determined
unacceptable by the President, then a different interim storage site
must be designated within 24 months. If a different interim site is not
so designated within that period, then Nevada would become the default
storage site.
Sponsors of S. 104 in this Senate and the nuclear industry know that
no such designation is possible within 24 months. Everyone knows that.
That is why this substitute is as big a sham as the original bill. As I
indicated, you can dress up a pig however you want, but it is still a
pig. This legislation is still garbage, no matter how they try to dress
it up.
They know that there has been spent to this point over a decade
trying to understand the area around Yucca Mountain well enough to
approve permanent storage there. They want to void the billions of
dollars spent in Yucca Mountain and sidetrack, short-circuit the
system. They know that any site that receives nuclear waste will keep
it forever, because a permanent repository will never be built. That is
the whole game of the very powerful, greedy, devious, deceptive nuclear
waste industry. They do not want to play by the rules. They want to
have their own game where they set their own rules, as they are trying
to do in S. 104, and they are trying to doctor it up by saying we have
made the goal lines not 100 yards apart, they are only 80 yards apart.
That is not true.
They know once waste is moved from its generator site to a
centralized site, it will never be moved again. A suitability decision
will permit designation of a site. Viability will not.
So the only possible way to proceed, the only way to overcome the
overwhelming opposition to centralized interim storage, is to designate
an interim storage site at a place that has already been found suitable
for permanent disposal of spent nuclear fuel. That is the only way to
do it.
It is this inability to see that S. 104 is putting the horse behind
the cart, that is, establishing an interim site before a suitability
decision--it is this blindness that compels me to believe S. 104 is
really all about sabotaging this country's avowed policy to permanently
dispose of nuclear waste.
The industry, with all their money and all their profits, want to
change the system. They want to change the rules in the middle of the
ball game. Everyone knows that Nevada is not happy with Yucca Mountain.
But at least some rules have been established there, where scientists
have at least some say in what is going on there. And the reason the
nuclear waste industry is willing to change--wants to change the rules
in the middle of the game is they know that Yucca Mountain is being, at
this stage, studied, analyzed, and characterized in a fair fashion.
Think about it. S. 104 would move nuclear waste to Nevada and store
it there permanently at a site that has been found unsuitable for that
purpose. I repeat. Think about it. S. 104 would move nuclear waste to
Nevada and store it there permanently at a site that has been found
unsuitable for that purpose. What could be more outrageous than that?
Such a policy goes beyond stupidity, goes beyond unfairness. It would
knowingly risk public health and safety by storing waste at a site that
has been determined to be an unsafe site, and, by storing waste on an
open, concrete pad, exposed----
The PRESIDING OFFICER (Mr. Smith of Oregon). The Senator has used 11
minutes.

Mr. REID. I thank the Chair.
By storing waste on an open, concrete pad, exposed to the weather and
all manner of natural and accidental damage. That is wrong. Permanent
storage, because that is what it would be, at a temporary site would be
about the worst decision this Senate could make.
This legislation, this so-called substitute, is as bad as the
original bill. I defy anyone to controvert what we have talked about
here today, about the problems they had in Germany. Eight casks out of
420, moved 300 miles, not thousands of miles like we are moving them
here. They had to call out 30,000 police and army personnel to allow
those to proceed, at a cost of $150 million.
I reserve the remainder of my time.
The PRESIDING OFFICER. The Senator from Nevada is recognized.
Mr. BRYAN. Mr. President, I thank the Chair. I yield myself such time
as I may need.
Mr. President, I want to continue this discussion of my colleague.
Each of us was thinking in the same frame of reference. He said no
matter how much you dress up a pig it's still a pig. I learned as a
youngster the old adage, you cannot make a silk purse out of a sow's
ear. You cannot make a silk purse out of a sow's ear. And that is
exactly what we have here.
We have not had a chance to review in detail all the asserted changes
that the chairman of the committee intends, and we will have a chance
to comment on that tomorrow. But central to this debate, the basic
issue, the point at which all discussion begins, every thoughtful and
analytical and policy frame of reference, is the question of whether or
not we should place interim storage anywhere before a determination is
made with respect to a permanent repository or dump. That is why the
administration continues to oppose this legislation, Senator Bingaman
opposes this legislation, why every environmental organization in
America opposes this legislation. Because the basic flaw is this is
unnecessary and unwise. We will have a chance to expand upon this
tomorrow.
But you go back to the origin of this debate, 17 years ago, you
scratch the surface and always the nuclear utility industry and its
highly paid advocates have one mission and one mission only--remove the
waste from the reactor site. That was the essence of the debate, as we
have pointed out time and time again on the floor dating

[[Page S2899]]

back to 1980 when then the Holy Grail of the industry was an ``away-
from-reactor'' storage program; the same basic concept, anywhere away
from here, get it out, away from reactor storage. The Congress wisely
rejected in 1980 that approach, just as they have rejected that
approach consistently, year after year.
I want to refer to the Nuclear Waste Technical Review Board. We have
talked about that a great deal. Much has been made of its contents. But
the point that needs to be made is there is no urgent technical need
for interim storage of spent fuel--none. Our colleague, the ranking
member of the committee, last night, the senior Senator from Arkansas
[Mr. Bumpers], went on at great length about: There is no necessity, no
need to do so. Indeed, any thoughtful policy approach rejects that
premise.
Again, in 1997, a reconstituted Nuclear Waste Technical Review Board
reaches the same conclusion, namely that there is no necessity and no
reason to move at this time.
They make a second point here that I think is important to emphasize,
and that is, if the site selection process is to retain any integrity
at all, here is what Dr. Cohon said in his testimony of February 5:

However, to maintain the credibility of the site-
suitability decision, siting a centralized storage near Yucca
Mountain--

That is interim storage he has reference to--

should be deferred until a technically defensible site-
suitability determination can be made at Yucca Mountain.

That is the essence of the argument, that no decision should be made
until a defensible site-suitability determination can be made at Yucca
Mountain.
He goes on to say:

We have estimated that such a determination could be made
within about 4 years.

Those are Dr. Jared Cohon's comments.
So, Mr. President, it is clear that the nuclear utility industry is
scrambling at the last moment to put together a few flourishes on the
legislation that is before us, but they will not and cannot change the
basic flaw in that they would propose to site interim storage at the
Nevada test site before a determination is made with respect to the
permanent repository.
Let me say, for those who have followed this issue over the years,
the only justification for siting it at the Nevada test site--and this
was debated last year on the floor, to some extent--was the assumption,
the predicate that Yucca Mountain would be the permanent repository.
That was the only basis. How in the world can you place interim storage
until you have a determination made as to whether the permanent
facility, which is the whole predicate of the interim storage licensing
decision, has been determined, and that has not occurred.
So this has nothing to do with science. Frequently, science is
invoked to defend the course of action that our colleagues on the other
side of this issue would urge upon the body. This has absolutely
nothing to do with science; it has everything to do with nuclear
politics as advocated by the nuclear power industry and their legions
of lobbyists who line the hallways and the corridors of this Chamber,
as well as the other body.
A second point I think needs to be made here and was addressed, in
part, by my senior colleague, and that is the transportation issue. If
we should not be moving it at all until a decision is made, why place
at risk the citizens of 43 States, 51 million people, along highway and
rail corridors in America? Senator Reid is quite correct that Europe is
often cited: ``My gosh, they have their situation handled; why can't we
do it here?'' Believe me, once you start moving 85,000 metric tons of
high-level nuclear waste, you are going to have communities, and
rightly so, exercised about the transport of those kinds of volumes.
The chairman of the committee says, ``Well, we're shipping nuclear
waste around now.'' That is true to some extent, but the difference
between 2,500 shipments and 17,000 shipments in which the 2,500
shipments have traveled 900 miles or less is a vastly different
proposition in terms of magnitude of risk of shipping waste over
thousands of miles. Remember, most of these reactors are in the East
and would be transported virtually from coast to coast, a very
different proposition again.
Something else that we have tried to make understandable in this
debate to our opponents is the fact that the casks that would be used
have not yet been designed, nor have they been manufactured. So we are
talking about a totally different reconfigured cask that will take some
time.
I invite my colleagues' attention to the testimony of Dr. Jared
Cohon, again, earlier this year when he indicated that it is not just a
siting decision. He says:

But developing a storage facility--

And he is referring there, again, to interim storage--

requires more than a siting decision. It also requires the
development of a transportation system, and it is likely that
such transportation system will take several years to
develop.

So the notion that somehow instantaneously this problem is taken care
of, just pass S. 104 and all of our problems go away.
I want to respond to one other issue briefly before concluding. The
notion is somehow fostered here that if an interim storage facility is
located at the Nevada test site, that rather than having 109 different
reactor sites around the country where nuclear waste is stored, we will
have only one. Mr. President, that is not correct. We will have 110,
not 109.
Many people may not be familiar with the fact that immediately after
a spent fuel cell assembly is removed from the reactor because it no
longer has the efficiency necessary to generate electrical power, it is
stored for many, many years in a spent-fuel pond or pool for it to cool
off for a period of time. We are talking about reactors that are
licensed up to the period of 2033. So we are going to have nuclear
waste stored at many sites around the country for many, many years,
irrespective of S. 104.
So the notion that is held out of ``pass this bill and we will have
no nuclear waste other than at the site designated in this bill, the
Nevada test site,'' is certainly a false premise and, indeed, once the
waste is removed, the reactor itself remains and is hazardous for an
extended period of time.
There are many things we will be talking about in more detail during
the course of the debate over the next few days. But no matter how they
try to recast this as a different piece of legislation, some chameleon-
hued piece of nuclear legislation, when you get to the very essence,
the core of the legislation, its fatal and unperfectable flaw is that
it calls for siting interim storage before the decision is made on the
permanent facility, and no one in the scientific community is arguing
for that proposition.
So this is nuclear politics, and we are simply responding to the
bidding of the nuclear utility industry, which, for more than a decade
now, has urged the Congress, in one form or another, to remove the
reactor waste, send it somewhere else, send it anywhere, but get it out
from under us, and that is the objection that the policymakers, who
have given this their thoughtful attention--the President of the United
States and others--have said that is what is wrong with this
legislation. It is what was wrong with the legislation in 1996, and
that has not changed in the original form in which this bill was
introduced, and based upon the discussion of the chairman of the
committee, it has not changed in the substitute that is being proposed.
Mr. President, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. LOTT. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Cloture Motion

Mr. LOTT. Madam President, I send a cloture motion to the desk to the
pending committee substitute.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The legislative clerk read as follows:

Cloture Motion

We, the undersigned Senators, in accordance with the
provisions of Rule XXII of the Standing Rules of the Senate,
do hereby

[[Page S2900]]

move to bring to a close debate on the substitute amendment
to S. 104, the Nuclear Policy Act:

Trent Lott, Frank Murkowski, Lauch Faircloth, Phil Gramm,
Craig Thomas, Gordon Smith, Ted Stevens, Pete Domenici,
Slade Gorton, Larry Craig, William Roth, Conrad Burns,
Spencer Abraham, Bob Smith, Susan Collins, and Don
Nickles.
Mr. LOTT. Madam President, for the information of all Senators, this
cloture vote would occur on Friday unless consent can be granted for a
vote on Thursday. Also, the interested parties are in the process of
negotiating a consent agreement that would call for the final passage
of S. 104 by the close of business tomorrow. Needless to say, if that
is agreed to, the cloture vote would not be necessary. I encourage our
colleagues to continue to negotiate on this important legislation, and
I hope that they will be able to reach an agreement shortly.

____________________