[House Report 105-354]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-354
_______________________________________________________________________


 
PROVIDING FOR CONSIDERATION OF H.R. 1270, THE NUCLEAR WASTE POLICY ACT 
                                OF 1997

                                _______
                                

  October 28, 1997.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


Mr. Hastings of Washington, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 283]

    The Committee on Rules, having had under consideration 
House Resolution 283, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for consideration of H.R. 1270, the 
``Nuclear Waste Policy Act of 1997,'' under a structured rule 
waiving points of order against consideration of the bill for 
failure to comply with section 306 of the Congressional Budget 
Act of 1974 (requiring provisions in the jurisdiction of the 
Committee on the Budget to be referred to or reported by the 
Committee on the Budget).
    The rule provides one hour of general debate equally 
divided and controlled by the chairman and the ranking minority 
member of the Committee on Commerce and 20 minutes of general 
debate equally divided and controlled by the chairman and 
ranking minority member of the Committee on Resources. The rule 
further provides for consideration of the amendment in the 
nature of a substitute recommended by the Committee on Commerce 
as an original bill for the purpose of amendment.
    The rule also waives points of order against the committee 
amendment in the nature of a substitute for failure to comply 
with clause 5(a) of rule XXI (prohibiting appropriations in 
authorization measures) or section 306 of the Congressional 
Budget Act of 1974.
    Notwithstanding clause 5(c) of rule XXIII (relating to 
motions to strike unfunded mandates), the rule provides for 
consideration of only those amendments printed in this report. 
These amendments may only be offered in the order listed in the 
report and only by the Member designated in the report, shall 
be considered as read, shall be debatable for the time 
specified in the report equally divided and controlled by a 
proponent and an opponent, shall not be subject to amendment 
and shall not be subject to a demand for a division of the 
question in the House or in the Committee of the Whole. The 
rule waives points of order against the last amendment printed 
in this report for failure to comply with clause 5(a) of rule 
XXI or section 306 of the Congressional Budget Act of 1974.
    The Chairman of the Committee of the Whole is allowed to 
reduce the voting time on any postponed question to five 
minutes provided that vote follows a fifteen minute vote. The 
rule further provides that after a motion that the Committee 
rise has been rejected on a day, the Chairman may entertain 
another such motion on that day only if offered by the Majority 
Leader or his designee. Also after a motion to strike out the 
enacting words of the bill (as described in clause 7 of rule 
XXIII) has been rejected, the Chairman may not entertain 
another such motion during further consideration of the bill. 
The rule also provides one motion to recommit with or without 
instructions.
    In addition the rule waives points of order against 
consideration in the House of S. 104 for failure to comply with 
section 306 of the Congressional Budget Act of 1974. The rule 
provides for consideration of a motion to strike all after the 
enacting clause of S. 104 and to insert in lieu thereof the 
provisions of H.R. 1270, as passed by the House. Finally, the 
rule provides further that upon the adoption of the motion and 
the Senate bill as amended, it is in order to move that the 
House insist on its amendment to S. 104 and request a 
conference thereon.

  summary of amendments made in order by the rule for h.r. 1270--the 
                    nuclear waste policy act of 1997

         (Listed in the order they will appear in this report)

    1. Schaefer--10 mins.: Manager's Amendment.
    2. Kildee--10 mins.: Ensures that Indian tribes will be 
included in the consultation process; allows tribes to be 
treated fairly in the situation under the current House 
definition under which no Indian tribes in Nevada will qualify 
for treatment as an ``affected Indian tribe''.
    3. Traficant--10 mins.: States that only nuclear waste 
produced in the United States can be stored at any repository 
established in H.R. 1270.
    4. Ensign--20 mins.: Ensures that a risk assessment study 
and a cost benefit analysis are conducted prior to any action 
being taken under this Act.
    5. Gibbons--20 mins.: The Governor of each State, with 
nuclear waste routes, shall certify that ``emergency response 
teams'' exist and can properly manage any nuclear accident 
before transportation plans can be implemented by the 
Secretary.
    6. Ensign--20 mins.: Requires that before any shipments 
could occur, the Congress must have appropriated sufficient 
funds to ensure adequate emergency response teams along the 
transportation route.
    7. Markey--20 mins.: Relates to licensing standards. 
Strikes provisions of H.R. 1270 that prevent the EPA from 
setting health-based radiation protection standards.
    8. Gibbons--20 mins.: Deletes the 1 mill cap and gives the 
Secretary of Energy the authority to assess a fee on the 
existing reactors to reflect the amount of funding that is 
needed in a given year to cover the costs of operation.
    9. Traficant--10 mins.: Buy American amendment. Sense of 
Congress that all material and services purchased relative to 
this bill should be from the U.S.; provides all recipients of 
contracts under the bill a notice of the first portion of the 
amendment; and prohibits anyone who has been found guilty of 
falsely labeling an item as being Made in America from 
receiving contracts under this bill.
    10. Millender-McDonald--30 mins.: Amendment in the nature 
of a substitute. Amends the committee reported language by: 
striking all sections of the bill except Title IV; striking the 
provisions in current law prohibiting the citing of an interim 
storage facility in Nevada; authorizes the Secretary to 
establish an interim storage facility at Yucca Mountain, Nevada 
so long as Yucca Mountain is approved as the site for a 
permanent repository pursuant to Sec. 114 of the current law.

    1. An Amendment To Be Offered by Representative Dan Schaefer of 
           Colorado, or a Designee, Debatable for 10 Minutes

    Page 19, line 2, insert before the period the following:

, using routes that minimize, to the maximum practicable extent 
and consistent with Federal requirements governing 
transportation of spent nuclear fuel and high-level radioactive 
waste through populated areas
    Page 19, beginning in line 3, strike ``In conjunction 
with'' and insert the following:
          ``(1) In general.--In conjunction with'' and add 
        after line 16 on page 19 the following:
          ``(2) Rail routes.--Not later than one year after the 
        date of the enactment of this Act, the Secretary of 
        Transportation shall establish procedures for the 
        selection of preferred rail routes for the 
        transportation of spent nuclear fuel and high level 
        radioactive waste to the interim storage site and the 
        repository site. Such procedures shall be established 
        in consultation with the designated emergency services 
        planning management official for any State or Indian 
        tribe affected by the rail routes selected.
    Page 20, line 17, strike ``Employee'' and insert 
``Certain'' and in line 20 strike ``employee''.
    Page 24, line 16, strike ``regulations promulgated by the 
Commission'' and insert ``existing Federal regulations''.
    Page 25, beginning on line 1, strike ``The'' and all that 
follows through ``paragraph (1)'' on line 3 and insert ``If 
training standards are required to be promulgated under 
paragraph (1), such standards''.
    Page 25, line 5, strike ``include the following 
provisions--'' and insert ``provide for--''.
    Page 25, after line 19, insert the following: ``Secretary 
of Transportation may specify an appropriate combination of 
knowledge, skills, and prior training to fulfill the minimum 
number of hours requirements of subparagraphs (A) and (B).''.
    Page 43, strike lines 17 and all that follows through line 
13 on page 44, and insert the following:

``SEC. 207. APPLICABILITY.

    ``Nothing in this Act shall affect the application of 
chapter 51 of title 49, United States Code; part A of subtitle 
V of title 49, United States Code; part B of subtitle VI of 
title 49, United States Code; and title 23, United States 
Code.''.
    Page 81, after line 13, insert the following:

``SEC. 510. SEPARABILITY.

    ``If any provision of this Act, or the application of such 
provision to any person or circumstances, is held to be 
invalid, the reminder of this Act, or the application of such 
provision to persons or circumstances other than those as to 
which it is held invalid, shall not be affected thereby.''.
    In the table of contents--
          (1) in the item relating to section 207 amend the 
        heading to read as follows: ``Applicability''; and
          (2) add at the end of title V the following:

``Sec. 510. Separability.
                    ____________________________________________________

2. An Amendment To Be Offered by Representative Kildee of Michigan, or 
                  a Designee, Debatable for 10 Minutes

    Page 4, strike line 11 and all that follows through page 5 
line 11, and insert the following:
          ``(3) Affected indian tribe.--The term affected 
        Indian tribe' means an Indian tribe whose reservation 
        is surrounded by or borders on an affected unit of 
        local government, or whose federally-defined possessory 
        or usage rights to other lands outside of the border of 
        the Indian tribe's reservation arising out of 
        Congressionally-ratified treaties may be affected by 
        the locating of an interim storage facility or 
        repository, if the Secretary finds, upon petition of 
        the appropriate government officials of the Indian 
        tribe, that such affects are both substantial and 
        adverse to the Indian tribe.
                              ----------                              


3. An Amendment To Be Offered by Representative Traficant of Ohio, or a 
                   Designee, Debatable for 10 Minutes

    Page 7, line 14, strike ``reprocessing'' and insert 
``reprocessing in the United States'', beginning in line 20 
strike ``activities'' and insert ``activities in the United 
States, and in line 21, strike ``material'' and insert 
``material in the United States''.
    Page 11, line 14, strike ``reactor'' and insert ``reactor 
in the United States''.
                              ----------                              


4. An Amendment To Be Offered by Representative Ensign of Nevada, or a 
                   Designee, Debatable for 20 Minutes

    Page 15, insert after line 8 the following:
    ``(e) Risk Assessment and Cost Benefit.--The Secretary 
shall not take any action under this Act unless the Secretary 
has with respect to such action conducted a risk assessment 
which is scientifically objective, unbased, and inclusive of 
all relevant data and relies, to the extent available and 
practicable, on scientific findings and which is grounded in 
cost-benefit principles.

5. An Amendment To Be Offered by Representative Gibbons of Nevada, or a 
                   Designee, Debatable for 20 Minutes

    Page 19, insert after line 16 the following:
    ``(e) Emergency Response Team.--The Secretary may not plan 
for the transportation of spent nuclear fuel or high-level 
radioactive waste through any State unless the Governor of such 
State can certify that an adequate emergency response team 
exists in such State to appropriate manage any nuclear accident 
that may occur in such transportation.
                              ----------                              


6. An Amendment To Be Offered by Representative Ensign of Nevada, or a 
                   Designee, Debatable for 20 Minutes

    Page 19, insert after line 16 the following:
    ``(c) Emergency Response.--The Secretary may not plan for 
the transportation of spent nuclear fuel or high-level 
radioactive waste in a fiscal year for which funds appropriated 
under section 203(c) are insufficient (as determined by the 
Federal Emergency Management Agency) to ensure adequate and 
trained emergency response teams along all the transportation 
routes to be used in such fiscal year.
                              ----------                              


       7. An Amendment To Be Offered by Representative Markey of 
         Massachusetts, or a Designee, Debatable for 20 Minutes

    Page 36, strike line 18 and all that follows through line 9 
on page 39.
                              ----------                              


8. An Amendment To Be Offered by Representative Gibbons of Nevada, or a 
                   Designee, Debatable for 20 Minutes

    Page 55, beginning in line 3 strike ``, except that'' and 
all that follows through line 21 and insert a period.
                              ----------                              


9. An Amendment To Be Offered by Representative Traficant of Ohio, or a 
                   Designee, Debatable for 10 Minutes

    Page 81, insert after line 13 the following:

``SEC. 510. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.

    ``(a) In General.--It is the sense of the Congress that, to 
the greatest extent practicable, all equipment and products 
purchased with funds made available under this Act should be 
American-made.
    ``(b) Notice Requirement.--In providing financial 
assistance to, or entering into any contract with, any entity 
using funds made available under this Act, the head of each 
Federal agency, to the greatest extent practicable, shall 
provide to such entity a notice describing the statement made 
in subsection (a) by the Congress.
    ``(c) Prohibition of Contracts With Persons Falsely 
Labeling Products as Made in America.--If it has been finally 
determined by a court or Federal agency that any person 
intentionally affixed a label bearing a ``Made in America'' 
inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that is not 
made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made 
available under this Act, pursuant to the debarment, 
suspension, and ineligibility procedures described in sections 
9.400 through 9.409 of title 48, Code of Federal Regulations.
                              ----------                              


10. An Amendment To Be Offered by Representative Millender-McDonald of 
          California, or a Designee, Debatable for 30 Minutes

    Strike all after the enacting clause and insert the 
following:

SECTION. 1. PROGRAM FUNDING.

  (a) Contracts.--
          (1) Authority of secretary.--The Secretary of Energy 
        (hereafter referred to as 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 spent fuel or 
        waste upon the payment of fees in accordance with 
        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.
          (2) Annual fees.--
                  (A) Electricity.--
                          (i) In general.--Under a contract 
                        entered into under paragraph (1) there 
                        shall be a fee for electricity 
                        generated by civilian nuclear power 
                        reactors and sold on or after the date 
                        of enactment of this Act. The aggregate 
                        amount of such fees collected during 
                        each fiscal year shall be no greater 
                        than the annual level of appropriations 
                        for expenditures under the Nuclear 
                        Waste Policy Act of 1982 for that 
                        fiscal year, minus--
                                  (I) any unobligated balance 
                                of fees collected during the 
                                previous fiscal year; and
                                  (II) such appropriations 
                                required to be funded by the 
                                Federal Government pursuant to 
                                section 3.
                          (ii) Fee level.--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 for the 
                        period commencing with fiscal year 1999 
                        and continuing through the fiscal year 
                        in which disposal at the repository 
                        under the Nuclear Waste Policy Act of 
                        1982 commences--
                                  (I) the average annual fee 
                                collected under this 
                                subparagraph shall not exceed 
                                1.0 mill per-kilowatt hour 
                                generated and sold; and
                                  (II) the fee in any fiscal 
                                year in such period shall not 
                                exceed 1.5 mill per kilowatt 
                                hour generated and sold.
                        Thereafter, the annual fee collected 
                        under this subparagraph shall not 
                        exceed 1.0 mill per-kilowatt hour 
                        generated and sold. Fees assessed 
                        pursuant to this subparagraph 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.
                  (B) Expenditures if shortfall.--If, during 
                any fiscal year, the aggregate amount of fees 
                assessed pursuant to subparagraph (A) is less 
                than the annual level of appropriations for 
                expenditures on those activities specified in 
                subsection (d) for that fiscal year, minus--
                          (i) any unobligated balance collected 
                        pursuant to this section during the 
                        previous fiscal year, and
                          (ii) such appropriations required to 
                        be funded by the Federal Government 
                        pursuant to section 3,
                the Secretary may make expenditures from the 
                Nuclear Waste Fund up to the level of 
                appropriations.
                  (C) Rules.--The Secretary shall, by rule, 
                establish procedures necessary to implement 
                this paragraph.
          (3) One-time fees.--The one-time fees collected under 
        contracts executed under section 302(a) of the Nuclear 
        Waste Policy Act of 1982 before the date of enactment 
        of this Act on spent nuclear fuel, or high-level 
        radioactive waste derived from spent nuclear fuel, 
        which fuel was used to generate electricity in a 
        civilian nuclear power reactor before April 7, 1983, 
        shall be paid to the Nuclear Waste Fund. The Secretary 
        shall collect all such fees before the expiration of 
        fiscal year 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 
        and the license shall remain suspended until the full 
        amount of the fee referred to in this paragraph is 
        paid. In paying such a fee, the person delivering such 
        spent nuclear fuel or high-level radioactive wastes, to 
        the Secretary shall have no further financial 
        obligation under this paragraph to the Federal 
        Government for the long-term storage and permanent 
        disposal of such spent nuclear fuel or high-level 
        radioactive waste.
  (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 
                        subsection (a).
                  (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 under the Nuclear Waste Policy Act of 1982 
        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 a party to 
        a contract entered into under this section may be 
        assignable with transfer of title to the spent nuclear 
        fuel or high-level radioactive waste involved.
          (4) Disposal condition.--No spent nuclear fuel or 
        high-level radioactive waste generated or owned by any 
        department of the United States referred to in section 
        101 or 102 of title 5, United States Code, may be 
        stored or disposed of by the Secretary at the interim 
        storage facility or repository developed under the 
        Nuclear Waste Policy Act of 1982 unless, in each fiscal 
        year, such department funds its appropriate portion of 
        the costs of such storage and disposal as specified in 
        section 3.
  (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) all receipts, proceeds, and recoveries 
                realized by the Secretary before the date of 
                enactment of this Act;
                  (B) any appropriations made by the Congress 
                before the date of enactment of this Act to the 
                Nuclear Waste Fund;
                  (C) all interest paid on amounts invested by 
                the Secretary of the Treasury under paragraph 
                (3)(B); and
                  (D) the one-time fees collected pursuant to 
                subsection (a)(3).
          (2) Use.--The Nuclear Waste Fund shall be used only 
        for purposes of an interim storage facility at Yucca 
        Mountain, Nevada and the repository at Yucca Mountain, 
        Nevada and otherwise carrying out the Nuclear Waste 
        Policy Act of 1982.
          (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) Use of Appropriated Funds.--During each fiscal year, the 
Secretary may make expenditures of funds collected after the 
date of enactment of this Act under this section and section 3, 
up to the level of appropriations for that fiscal year pursuant 
to subsection (f) only for purposes of an interim storage 
facility at Yucca Mountain, Nevada and the repository at Yucca 
Mountain, Nevada.
  (e) Prohibition on Use of Appropriations and Nuclear Waste 
Fund.--The Secretary shall not make expenditures of funds 
collected pursuant to this section or section 3 to design or 
construct packages for the transportation, storage, or disposal 
of spent nuclear fuel from civilian nuclear power reactors.
  (f) Appropriations.--
          (1) Budget.--The Secretary shall submit the budget 
        for implementation of the Secretary's responsibilities 
        under this Act to the Office of Management and Budget 
        triennially along with the budget of the Department of 
        Energy submitted at such time in accordance with 
        chapter 11 of title 31, United States Code. The budget 
        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.
          (2) Appropriations.--Appropriations shall be subject 
        to triennial authorization. During each fiscal year, 
        the Secretary may make expenditures, up to the level of 
        appropriations, out of the funds collected pursuant to 
        this section and section 3, if the Secretary transmits 
        the amounts appropriated for implementation of this Act 
        to the Commission and the Nuclear Waste Technical 
        Review Board in appropriate proportion to the 
        collection of such funds.
  (g) Effective Date.--This section shall take effect October 
1, 1998.

SEC. 2. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

  (a) Continuation of Office of Civilian Radioactive Waste 
Management.--The Office of Civilian Radioactive Waste 
Management established under section 304(a) of the Nuclear 
Waste Policy Act of 1982 as constituted prior to the date of 
enactment of this Act, shall continue in effect subsequent to 
the date of enactment of this Act.
  (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.
  (c) Audits.--
          (1) Standard.--The Office of Civilian Radioactive 
        Waste Management, its contractors, and sub-contractors 
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 date of 
        enactment of this Act.
          (3) Comptroller general.--The Comptroller General of 
        the United States shall annually make an audit of the 
        Office, in accordance with such regulations as the 
        Comptroller General may prescribe. The Comptroller 
        General shall have access to such books, records, 
        accounts, and other materials of the Office as the 
        Comptroller General determines to be necessary for the 
        preparation of such audit. The Comptroller General 
        shall submit to the Congress a report on the results of 
        each audit conducted under this section.
          (4) Time.--No audit contemplated by this subsection 
        shall take longer than 30 days to conduct. An audit 
        report shall be issued in final form no longer than 60 
        days after the audit is commenced.
          (5) Public documents.--All audit reports shall be 
        public documents and available to any individual upon 
        request.

SEC. 3. DEFENSE CONTRIBUTION.

    (a) Allocation.--No later than one year from the date of 
enactment of this Act, 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, 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, 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 the interim storage facility and 
        repository; and
          (2) 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 
materials described in subsection (a).
    (c) Report.--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 interim storage facility and the repository.
    (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 as 
established under subsection (a).

SEC. 4. INTERIM STORAGE.

    (a) Limitations.--Subsection (g) of section 141 of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10161) is repealed.
    (b) Authority.--Section 145 of the Nuclear Waste Policy Act 
of 1982 (42 U.S.C 10165) is amended to read as follows:

                         ``interim storage site

    ``Sec. 145. (a) In General.--The Secretary is authorized to 
establish at Yucca Mountain, Nevada a monitored retrievable 
storage facility so long as Yucca Mountain is the site for the 
repository. The Secretary shall conduct such site specific 
activities at Yucca Mountain as the Secretary determines may be 
necessary to support an application to the Commission for a 
license to construct the monitored retrievable storage 
facility.
    ``(b) Environmental Assessment.--Site specific activities 
and the use of the Yucca Mountain site for a monitored 
retrievable storage facility shall not require the preparation 
of an environmental impact statement under section 102(2)(C) of 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)). The Secretary shall prepare an environmental 
assessment with respect to the Yucca Mountain site in 
accordance with regulations of the Secretary implementing such 
Act. Such environmental assessment shall be based upon 
available information regarding the alternative technologies 
for the storage of spent nuclear fuel and high-level 
radioactive waste.''.

SEC. 5. CONFORMING AMENDMENT.

    Section 302 of the Nuclear Waste Policy Act of 1982 (42 
U.S.C 10222) is repealed.

                                
