[Weekly Compilation of Presidential Documents Volume 36, Number 17 (Monday, May 1, 2000)]
[Pages 922-923]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Message to the Senate Returning Without Approval the ``Nuclear Waste 
Policy Amendments Act of 2000''

April 25, 2000

To the Senate of the United States:

    I am returning herewith without my approval S. 1287, the ``Nuclear 
Waste Policy Amendments Act of 2000.''

[[Page 923]]

    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 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.