[Congressional Record Volume 146, Number 50 (Thursday, April 27, 2000)]
[Senate]
[Pages S3017-S3018]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REPORT OF THE VETO OF THE NUCLEAR WASTE POLICY AMENDMENTS ACT OF 2000--
                   MESSAGE FROM THE PRESIDENT--PM 101

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States; which was ordered to be spread 
upon the Journal.

To the Senate of the United States:
  I am returning herewith without my approval S. 1287, the ``Nuclear 
Waste Policy Amendments Act of 2000.''
  The overriding goal of the Federal Government's high-level 
radioactive waste management policy is the establishment of a 
permanent, geologic repository. This policy not only addresses 
commercial spent nuclear fuel but also advances our non-proliferation 
efforts by providing an option for disposal of surplus plutonium from 
nuclear weapons stockpiles and an alternative to reprocessing. It 
supports our national defense by allowing continuing operation of our 
nuclear navy, and it is essential for the cleanup of the Department of 
Energy's nuclear weapons complex.
  Since 1993, my Administration has been conducting a rigorous world-
class scientific and technical program to evaluate the suitability of 
the Yucca Mountain, Nevada, site for use as a repository. The work 
being done at Yucca Mountain represents a significant scientific and 
technical undertaking, and public confidence in this first-of-a-kind 
effort is essential.
  Unfortunately, the bill passed by the Congress will do nothing to 
advance the scientific program at Yucca Mountain or promote public 
confidence in the decision of whether or not to recommend the site for 
a repository in 2001. Instead, this bill could be a step backward in 
both respects. The bill would limit the Environmental Protection 
Agency's (EPA) authority to issue radiation standards that protect 
human health and the environment and would prohibit the issuance of 
EPA's final standards until June 2001. EPA's current intent is to issue 
final radiation standards this summer so that they will be in place 
well in advance of the Department of Energy's recommendation in 2001 on 
the suitability of the Yucca Mountain site.
  There is no scientific reason to delay issuance of these final 
radiation standards beyond the last year of this Administration; in 
fact, waiting until

[[Page S3018]]

next year to issue these standards could have the unintended effect of 
delaying a recommendation on whether or not to go forward with Yucca 
Mountain. The process for further review of the EPA standards laid out 
in the bill passed by the Congress would simply create duplicative and 
unnecessary layers of bureaucracy by requiring additional review by the 
Nuclear Regulatory Commission and the National Academy of Sciences, 
even though both have already provided detailed comments to the EPA. 
This burdensome process would add time, but would do nothing to advance 
the state of scientific knowledge about the Yucca Mountain site.
  Finally, the bill passed by the Congress does little to minimize the 
potential for continued claims against the Federal Government for 
damages as a result of the delay in accepting spent fuel from 
utilities. In particular, the bill does not include authority to take 
title to spent fuel at reactor sites, which my Administration believes 
would have offered a practical near-term solution to address the 
contractual obligation to utilities and minimize the potential for 
lengthy and costly proceedings against the Federal Government. Instead, 
the bill would impose substantial new requirements on the Department of 
Energy without establishing sufficient funding mechanisms to meet those 
obligations. In effect, these requirements would create new unfunded 
liabilities for the Department.
  My Administration remains committed to resolving the complex and 
important issue of nuclear waste disposal in a timely and sensible 
manner consistent with sound science and protection of public health, 
safety, and the environment. We have made considerable progress in the 
scientific evaluation of the Yucca Mountain site and the Department of 
Energy is close to completing the work needed for a decision. It is 
critical that we develop the capability to permanently dispose of spent 
nuclear fuel and high-level radioactive waste, and I believe we are on 
a path to do that. Unfortunately, the bill passed by the Congress does 
not advance these basic goals.
                                                  William J. Clinton.  
The White House, April 25, 2000.

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