TTCN Tb Vol. 2, No. 8

United States Nuclear Regulatory Commission

Protecting People and the Environment

Nuclear Regulatory

Legislation

1 1 0 th Congress; 2 nd Session

Office of the General Counsel
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k U.S.NRC

United States Nuclcar Regulatory Commission

Protecting People and the Environment

NUREG-0980

Vol. 2, No. 8

Nuclear Regulatory

Legislation

I0llh Congress; 2 nd Session

Prepared by:

Office of the General Counsel

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

Date Published: May 2009

FOREWORD

This compilation of statutes and materials pertaining to nuclear regulatory

legislation through the 110th Congress, 2nd Session, has been prepared by the

Office of the General Counsel, U.S. Nuclear Regulatory Commission, with the

assistance of staff, for use as an internal resource document. The compilation is

not to be used as an authoritative citation in lieu of the primary legislative

sources. Furthermore, while every effort has been made to ensure the

completeness and accuracy of this material, neither the United States

Government, the Nuclear Regulatory Commission, nor any of their employees

makes any expressed or implied warranty or assumes liability for the accuracy or

completeness of the material presented in this compilation.

If you have any questions concerning this compilation, please contact:

Anthony de Jesfis

Legislative Specialist

Office of the General Counsel

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

Anthony.deJesus@nrc.gov

This document is available from the NRC Home Page at:

http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0980/

and is published in two bound volumes.

iii

Table of Contents - Volume 2

PART I: DOMESTIC LEGISLA TION

1: Commissioner Tenure

2: Low-Level Radioactive Waste

3: High-Level Radioactive Waste

4: Uranium Mill Tailings

5: Transportation of Hazardous Materials

6: User Fees

7: Administrative Law Statutes

8: NRC Appropriation Acts

9: NRC Authorization Acts

10: Chief Financial Officers Legislation

11: Inspector General Legislation

12: Information Management Legislation

13: Environmental Legislation

14: Miscellaneous Domestic Legislation and

Executive Orders

PART H: NON-PR OLIFERA TION AND OTHER

INTERNA TIONAL MA TERIALS

15: Nuclear Non-Proliferation and Export Licensing

Statutes

16: Selected Treaties, Agreements, and

Implementing Legislation

17: Miscellaneous International Legislation and

Executive Orders

V

Table of Contents - Volume 2

PART I: DOMESTIC LEGISLA TION .................... 271

1. Commissioner Tenure ........................................... 271

A. AEC COM M ISSIONERS, 1946-1975 ................................................................ 271

B. NRC COMMISSIONERS, 1975-PRESENT ..................................................... 272

2. Low-Level Radioactive Waste ............................... 275

A. LOW-LEVEL RADIOACTIVE WASTE POLICY ACT OF 1980 ................ 279

B. LOW-LEVEL RADIOACTIVE WASTE POLICY ACT OF 1985 (TITLE

1), A S A M E N D E D ................................................................................................ 281

C. LOW-LEVEL RADIOACTIVE WASTE POLICY AMENDMENTS ACT

OF 1985 (TITLE II, INCLUDES: NW, CENTRAL, SE, CENTRAL

MIDWEST, MW, ROCKY MOUNTAIN, NE INTERSTATE

C O M P A C T S) ........................................................................................................ 299

D. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE

COM PACT CONSENT ACT ............................................................................. 368

E. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE DISPOSAL

COM PACT CO NSENT ACT .............................................................................. 380

F. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT

C O N SE N T A C T ................................................................................................... 39 1

3. High-Level Radioactive Waste ............................. 401

A. NUCLEAR WASTE POLICY ACT OF 1982, AS AMENDED ...................... 405

). PERTINENT PROVISIONS OF THE ENERGY POLICY ACT OF

1992-(ENVIRONMENTAL PROTECTION STANDARDS) ........................ 490

C. RONALD W. REAGAN NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2005-(DEFENSE SITE ACCELERATION

C O M PL E T IO N ) ................................................................................................... 493

D. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT OF

2005-(GREATER-THAN-CLASS C WASTE) ................................................ 496

4. Uranium M ill Tailings .......................................... 497

A. URANIUM MILL TAILINGS RADIATION CONTROL ACT OF 1978,

A S A M E N D E D ..................................................................................................... 499

B. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT OF 1992 ... 523

C. NATIONAL DEFENSE AUTHORIZATION FISCAL YEAR 2001-

(PROVISIONS PERTAINING TO REMEDIAL ACTION AT MOAB

S IT E ) ...................................................................................................................... 5 2 9

vii
5. Transportation of Hazardous Materials ............... 533

A. HAZARDOUS MATERIALS TRANSPORTATION UNIFORM SAFETY

ACT O F 1990, AS AM ENDED ............................................................................ 535

B. AIR TRANSPORTATION OF PLUTONIUM (P.L. 94-79) ............................ 565

C. AIR TRANSPORTATION OF PLUTONIUM (P.L. 94-187) .......................... 565

D. SECTION 5062 OF OMNIBUS BUDGET RECONCILIATION ACT OF

1987 REGARDING AIR TRANSPORTATION OF PLUTONIUM, (P.L.

100-202 A N D 100-203) .......................................................................................... 566

E. SHIPMENTS OF PLUTONIUM BY SEA (P.L. 102-486) ............................... 568

F. SECTION 411 OF RAIL SAFETY IMPROVEMENT ACT OF 2008 ............ 568

6. User Fees ............................................................... 571

A. TITLE V OF THE INDEPENDENT OFFICES APPROPRIATIONS ACT

O F 19 52 .................................................................................................................. 57 3

B. PERTINENT PROVISIONS OF THE OMNIBUS BUDGET

RECONCILIATION ACT OF 1990, AS AMENDED ....................................... 574

7. Administrative Law Statutes ................................. 577

A. ADMINISTRATIVE PROCEDURES-5 USC 551-559 ................................. 581

B. NEGOTIATED RULEMAKING ACT OF 1990-5 USC 561-570 ................. 626

C. ADMINISTRATIVE DISPUTE RESOLUTION ACT, AS AMENDED ........ 633

D. REGULATORY FLEXIBILITY ACT AMENDMENTS-5 USC 601-612... 645

E. JUDICIAL REVIEW - 5 USC 701-706 ............................................................. 653

F. CONGRESSIONAL REVIEW-5 USC 801-808 .............................................. 656

G. FEDERAL ADVISORY COMMITTEE ACT, AS AMENDED ..................... 662

H. ALTERNATIVE DISPUTE RESOLUTION ACT OF 1998 ........................... 672

I. FEDERAL CIVIL PENALTIES INFLATION ADJUSTMENT ACT OF

1990, A S A M EN D ED ............................................................................................ 678

8. NRC Appropriation Acts ....................................... 681

TABULATION OF NRC APPROPRIATIONS THROUGH FISCAL YEAR

2 0 0 9 ........................................................................................................................ 7 4 5

9. NRC Authorization Acts ....................................... 747

A. NRC AUTHORIZATION ACT FOR FISCAL YEAR, 1984-1985 ................. 749

B. NRC AUTHORIZATION ACT FOR FISCAL YEAR, 1982-1983 ................. 753

C. NRC AUTHORIZATION ACT FOR FISCAL YEAR 1980 ........................... 771

D. NRC AUTHORIZATION ACT FOR FISCAL YEAR 1979 ........................... 786

E. NRC AUTHORIZATION ACT FOR FISCAL YEAR 1978 ........................... 795

F. NRC AUTHORIZATION ACT FOR FISCAL YEAR 1977 ............................ 799

G. NRC AUTHORIZATION ACT FOR FISCAL YEAR 1976 ........................... 800

H. NRC FISCAL YEAR 1975 SUPPLEMENTAL AUTHORIZATION ACT... 802

I. AEC FISCAL YEAR 1975 SUPPLEMENTAL AUTHORIZATION ACT .... 803

viii
J. AEC AUTHORIZATION ACT FOR FISCAL YEAR 1975 ............................ 804

K. AEC AUTHORIZATION ACT FOR FISCAL YEAR 1974 ........................... 809

10. Chief Financial Officers Legislation ................. 811

A. CHIEF FINANCIAL OFFICERS ACT OF 1990, AS AMENDED ................ 813

B. REPORTS CONSOLIDATION ACT OF 2000 ................................................ 830

11. Inspector General Legislation ............................ 833

A. INSPECTOR GENERAL ACT OF 1978, AS AMENDED .............................. 835

12. Information Management Legislation ............... 881

A. INFORMATION TECHNOLOGY MANAGEMENT REFORM ACT OF

19 9 6 ........................................................................................................................ 8 8 5

B. PAPERWORK REDUCTION ACT OF 1995, AS AMENDED ...................... 903

C. GOVERNMENT PAPERWORK ELIMINATION ACT ................................ 934

D. CONSOLIDATED APPROPRIATIONS ACT, 2001 (DATA QUALITY) .... 937

E. ELECTRONIC RECORDS AND SIGNATURES IN COMMERCE ............. 938

13. Environmental Legislation ................................. 951

A. PERTINENT SECTIONS OF THE CLEAN AIR ACT OF 1977, AS

A M E N D E D ........................................................................................................... 953

B. SECTION 511 OF THE FEDERAL WATER POLLUTION CONTROL

A C T O F 1972 ........................................................................................................ 980

C. ENVIRONMENTAL POLICY ACT OF 1969, AS AMENDED ..................... 981

D. WEST VALLEY DEMONSTRATION PROJECT ACT ................................ 987

14. Miscellaneous Domestic Legislation and Executive

Orders ..................................................................... 991

A. UNITING AND STRENGTHENING AMERICA BY PROVIDING

APPROPRIATE TOOLS REQUIRED TO INTERCEPT AND

OBSTRUCT TERRORISM (USA PATRIOT ACT) ACT OF 2001 ............... 995

B. NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2002 (HOM ELAN D SECURITY) ....................................................................... 997

C. PERTINENT SECTIONS OF THE INTELLIGENCE REFORM AND

TERRORISM PREVENTION ACT OF 2004 ................................................. 1000

D. NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2000 (TRITIUM PRODUCTION) .................................................................... 1010

E. STROM THURMOND NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 1999 (LICENSING MOX FUEL FACILITIES) ......... 1011

F. NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2002 (M O X FUE L ) ............................................................................................. 1012

ix
G. MISCELLANEOUS NUCLEAR DOE PROVISIONS, ENACTED BY

PUBLIC LAW 109-58, THE ENERGY POLICY ACT OF 2005 ................... 1014

H. EXECUTIVE ORDER 12656-ASSIGNMENT OF EMERGENCY

PREPAREDNESS RESPONSIBILITIES ........................................................ 1028

I. EXECUTIVE ORDER 12657-DEPARTMENT OF HOMELAND

SECURITY ASSISTANCE IN EMERGENCY PREPAREDNESS

PLANNING AT COMMERCIAL NUCLEAR POWER PLANTS ............... 1035

PART H: NON-PROLIFERATIONAND OTHER

INTERNATIONAL MATERIALS ..................... 1039

15. Nuclear Non-Proliferation and Export Licensing Statutes .......................................... 1039

A. NUCLEAR NON-PROLIFERATION ACT OF 1978 ........ ........................... 1043

B. FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS

1994 A N D 1995 .................................................................................................... 1079

C. INTERNATIONAL SECURITY ASSISTANCE AND ARMS EXPORT

C O N TR O L A CT O F 1976 ................................................................................. 1089

D. INTERNATIONAL SECURITY AND DEVELOPMENT

COOPERATION ACT OF 1980 ....................................................................... 1098

E. INTERNATIONAL SECURITY AND DEVELOPMENT

COOPERATION ACT OF 1981 ....................................................................... 1099

F. FOREIGN OPERATIONS APPROPRIATIONS (IRAQ SANCTIONS) ..... 1103

G. EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS

ACT, 2003 (IRA Q SANCTIONS) ...................................................................... 1111

H. MEMORANDUM FOR THE SECRETARY OF STATE SUSPENDING

THE IRAQ SANCTIONS ACT ........................ ......... I 1113

I. NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

1993 (IRAN-IRAQ ARMS NON-PROLIFERATION OF 1992) .................... 1114

J. NORTH KOREA THREAT REDUCTION (SUBTITLE B) .......................... 1118

K. IRAN NONPROLIFERATION ACT OF 2000 .............................................. 1120

L. HENRY J. HYDE UNITED STATES-INDIA PEACEFUL ATOMIC

ENERGY COOPERATION ACT OF 2006 (TITLE 1) .................................. 1129

M. UNITED STATES-INDIA NUCLEAR COOPERATION APPROVAL

AND NONPROLIFERATION ENHANCEMENT ACT ................................ 1145

16. Selected Treaties, Agreements, and Implementing

Legislation .......... ............................................ 1153

A. NUCLEAR NON-PROLIFERATION TREATY ........................................... 1161

B. THE CONVENTION ON THE PHYSICAL PROTECTION OF

N U CLEAR M A TERIAL .................................................................................... 1171

C. CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR

MATERIAL IMPLEMENTATION ACT OF 1982 ........................................ 1184

X
D. CONVENTION ON EARLY NOTIFICATION OF A NUCLEAR

A C C ID E N T ......................................................................................................... 1188

E. CONVENTION ON NUCLEAR SAFETY ...................................................... 1197

F. CONVENTION ON ASSISTANCE IN THE CASE OF A NUCLEAR

ACCIDENT OR RADIOLOGICAL EMERGENCY ..................................... 1210

G. ADDITIONAL PROTOCOL I TO THE TREATY FOR THE

PROHIBITION OF NUCLEAR WEAPONS IN LATIN AMERICA ........... 1222

H. TREATY FOR THE PROHIBITION OF NUCLEAR WEAPONS IN

L A T IN A M E R IC A ............................................................................................. 1229

I. INTERNATIONAL ATOMIC ENERGY AGENCY PARTICIPATION

A C T O F '1957 ...................................................................................................... 1244

J. STATUTE OF THE INTERNATIONAL ATOMIC ENERGY AGENCY.. 1248

K. AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND

THE INTERNATIONAL ATOMIC ENERGY AGENCY FOR THE

APPLICATION OF SAFEGUARDS IN THE UNITED STATES OF

A M E R IC A .......................................................................................................... 1267

L. U.S. SENATE RESOLUTION CONSENTING TO THE RATIFICATION

OF THE AGREEMENT BETWEEN THE U.S. AND THE IAEA FOR

THE APPLICATION OF SAFEGUARDS ...................................................... 1300

M. PROTOCOL ADDITIONAL TO THE AGREEMENT BETWEEN THE

UNITED STATES OF AMERICA AND THE INTERNATIONAL

ATOMIC ENERGY AGENCY FOR THE APPLICATION OF

SAFEGUARDS IN THE UNITED STATES OF AMERICA ......................... 1301

N. UNITED STATES ADDITIONAL PROTOCOL IMPLEMENTATION

A C T ...................................................................................................................... 13 12

0. STATUS WITH REGARD TO CONCLUSION OF SAFEGUARDS

AGREEMENTS AND ADDITIONAL PROTOCOLSa'b AND SMALL

QUANTITIES PROTOCOLSC .......................................................................... 1326

P. TABLE: IAEA SUPPLY AGREEMENTS ...................................................... 1339

Q. TABLE: UNITED STATES AGREEMENTS FOR PEACEFUL

NUCLEAR COOPERA TION ........................................................................... 1342

R. TABLE: TRILATERALS BETWEEN THE UNITED STATES, THE

INTERNATIONAL ATOMIC ENERGY AGENCY AND OTHER

COUNTRIES FOR THE APPLICATION OF SAFEGUARDS BY THE

INTERNATIONAL ATOMIC ENERGY AGENCY TO EQUIPMENT,

DEVICES, AND MATERIALS SUPPLIED UNDER THE BILATERAL

AGREEMENTS FOR COOPERATION CONCERNING CIVIL USES OF

A T O M IC EN ER G Y ........................................................................................... 1344

S. TABLE: TRILATERALS BETWEEN THE UNITED STATES, THE

INTERNATIONAL ATOMIC ENERGY AGENCY AND OTHER

COUNTRIES FOR THE SUSPENSION OF THE APPLICATION OF

SAFEGUARDS PURSUANT TO THE NONPROLIFERATION TREATY 1345

T. CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY

DUMPING OF WASTES AND OTHER MATTERS ..................................... 1346

xi
U. JOINT CONVENTION ON THE SAFETY OF SPENT FUEL

MANAGEMENT AND ON THE SAFETY OF RADIOACTIVE WASTE

M A N A G E M E N T ................................................................................................ 1357

V. CODE OF CONDUCT ON THE SAFETY AND SECURITY OF

RADIO ACTIVE SO URCES .............................................................................. 1378

17. Miscellaneous International Legislation and

Executive Orders .......................... ........... 1395

A. EXECUTIVE ORDER 10841-PROVIDING FOR THE CARRYING

OUT OF CERTAIN PROVISIONS OF THE ATOMIC ENERGY ACT OF

1954, AS AMENDED, RELATING TO INTERNATIONAL

C O O PE R A T IO N ................................................................................................ 1397

B. EXECUTIVE ORDER 10956-AMENDMENT OF EXECUTIVE ORDER

10 8 4 1 .................................................................................................................... 13 9 8

C. EXECUTIVE ORDER 12058-FUNCTIONS RELATING TO NUCLEAR

N O N -PR O LIFERA TIO N .................................................................................. 1399

D. EXECUTIVE ORDER 12730-CONTINUATION OF EXPORT

CONTROL REG ULATIONS ............................................................................ 1401

E. EXECUTIVE ORDER 12114-ENVIRONMENTAL EFFECTS ABROAD

OF M AJOR FEDERAL ACTIONS .................................................................. 1403

xii
PART I: DOMESTIC

LEGISLATION

1:S Co msineaet

1. Commissioner Tenure

A. AEC COMMISSIONERS, 1946-1975

David E. Lilienthal, Chairman

Robert F. Bacher

Sumner T. Pike

William W. Waymack

Lewis L. Strauss

Chairman

Henry De Wolf Smyth

Gordon Dean

Chairman

Thomas E. Murray

Thomas Keith Glennan

Eugene M. Zuckert

Joseph Campbell

Willard F. Libby

John Von Neumann

Harold S. Vance

John S. Graham

John Forrest Floberg

John A. McCone, Chairman

John H. Williams

Robert E. Wilson

Loren K. Olson

Glenn T. Seaborg, Chairman

Leland J. Haworth

John G. Palfrey

James T. Ramey

Gerald F. Tape

Mary I. Bunting

Wilfrid E. Johnson

Samuel M. Nabrit

Francesco Costagliola

Theos J. Thompson

Clarence E. Larson

James R. Schlesinger, Chairman

William 0. Doub

Dixy Lee Ray'

Chairman

William E. Kriegsman

William A. Anders

From

Nov. 1, 1946

Nov. 1, 1946

Oct. 31, 1947

Nov. 5, 1946

Nov. 12, 1946

July 2, 1953

May 30, 1949

May 24, 1949

July 11, 1950

May 9, 1950

Oct. 2, 1950

Feb. 25,1952

July 27, 1953

Oct. 5, 1954

Mar. 15, 1955

Oct. 31, 1955

Sept. 12, 1957

Oct. 1, 1957

July 14, 1958

Aug. 13, 1959

Mar. 22, 1960

June 23, 1960

Mar. 1, 1961

Apr. 17, 1961

Aug. 31, 1962

Aug. 31, 1962

July 15, 1963

June 29, 1964

Aug. 1, 1966

Aug. 1, 1966

Oct. 1, 1968

June 12, 1969

Sept. 2, 1969

Aug. 17, 1971

Aug. 17, 1971

Aug. 8, 1972

Feb. 6, 1973

June 12, 1973

Aug. 6, 1973

To

Feb. 15, 1950

May 10, 1949

Dec. 15, 1951

Dec. 21,1948

Apr. 15, 1950

June 30, 1958

Sept. 30, 1954

June 30, 1953

June 30, 1953

June 30, 1957

Nov. 1, 1952

June 30, 1954

Nov. 30, 1954

June 30, 1959

Feb. 8, 1957

Aug. 31, 1959

June 30, 1962

June 23, 1960

Jan. 20, 1961

June 30, 1960

Jan. 31, 1964

June 30, 1962

Aug. 16, 1971

June 30, 1963

June 30, 1966

June 30, 1973

Apr. 30,1969

June 30, 1965

June 30, 1972

Aug. 1, 1967

June 30, 1969

Nov. 25, 1970

June 30, 1974

Feb. 5, 1973

Aug. 17, 1974

Jan. 19, 1975

Jan. 19, 1975

Dec. 31, 1974

Jan. 19, 1975

Remarks

Resigned

Resigned

Resigned

Resigned

Resigned

Term expired

Resigned

Term expired

Term expired

Resigned

Term expired

Resigned

Resigned

Deceased

Deceased

Resigned

Resigned

Resigned

Resigned

Resigned

Term expired

Resigned

Resigned

Resigned

Term expired

Resigned

Term expired

Term expired

Resigned

Term expired

Deceased

Term expired

Resigned

Resigned

AEC abolished

Resigned

AEC abolished

'Designated Chairman, Feb. 6, 1973.

271
B. NRC COMMISSIONERS, 1975-PRESENT

From From To Remarks

William A. Anders, Chairman

Marcus A. Rowden

Chairman ,

Edward A. Mason

Victor Gilinksy

Richard T. Kennedy

Joseph M. Hendrie, Chairman

Commissioner

Chairman

Peter A. Bradford

John F. Aheame

Chairman

Commissioner

Nunzio J. Palladino, Chairman

Thomas M. Roberts

James K. Asselstine

Frederick M. Bernthal

Lando W. Zech, Jr.

Chairman

Kenneth M. Carr

Chairman

Kenneth Rogers

James R. Curtiss

Forrest J. Remick

Ivan Selin, Chairman

E. Gail de Planque

Shirley A. Jackson

Chairman

Greta J. Dicus

Jan. 19, 1975

Jan. 19, 1975

Apr. 21, 1976

Jan. 19, 1975

Jan. 19, 1975

Jan. 19, 1975

Aug. 9, 1977

Dec. 8, 1979

Mar. 3, 19814

Aug. 15, 1977

July 31, 1978

Dec. 7, 19795

Mar. 3, 19816

July 1, 1981

Aug. 3, 1981

May 17, 1982

Aug. 4, 1983

July 5, 1984

July 1, 1986

Aug. 14, 1986

July 1, 1989

Aug. 7, 1987

Oct. 20, 1988

Dec. 1, 1989

July 1, 1991

Dec. 16, 1991

May 2, 1995

July 1, 1995

February 15, 1996

Apr. 20, 1976

Apr. 20, 1976

June 30, 1977

Jan. 15, 1977

June 30, 1984

June 30, 1980

Dec. 7, 19793

Mar. 2, 1981

June 30, 1981

Mar. 12, 1982

Dec. 7, 1979

Mar. 2, 1981

June 30, 1983

June 30, 1986

June 30, 19907

June 30, 19878

June 30, 1988

June 30, 19869

June 30, 1989

June 30, 1989

June 30, 1991

June 30, 199710

June 30, 1993

June 30, 1994

June 30, 1995"

June 30, 1995

June 30, 1995

June 30, 1999

June 30, 1998

Term Expired

Resigned

Term

Expired

2

Term Expired

Term Expired

Resigned

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Resigned

Term Expired

Term Expired

Term Expired

Resigned

2

Victor Gilinsky served two terms. The senate reconfirmed his nomination for a term of 5 years on June 27,

1979. 3

On Dec. 7, 1979, Joseph M. Hendrie vacated the Chairmanship but remained as a Commissioner. 4

On Mar. 3, 1981, Joseph M. Hendrie resumed the Chairmanship.

'On Dec. 7, 1979, John F. Aheame assumed the Chairmanship. 6

0n Mar. 3, 1981, John F. Aheame vacated the Chairmanship but remained as a Commissioner. 7

First term expired on June 30, 1985; Thomas Roberts took Oath of Office for second term on July 12, 1985. 8

James K. Asselstine completed Peter A. Bradford's term and was appointed to full five-year term. 9

0n June 28, 1984, Lando W. Zech, Jr. was nominated by the President. He received a recess appointment on

July 3, 1984, and took office on July 5, 1984. On January 3, 1985, the President resubmitted the nomination to

the 99th Congress for a full five-year appointment. The Senate subsequently confirmed the nomination and he

took office for the full five-year term on March 6, 1985. On July 1, 1986, Lando W. Zech, Jr. assumed the

Chairmanship.

10Kenneth C. Rogers served as Commissioner from Aug. 7, 1987 to June 30, 1992 was reappointed as

Commissioner from July 1, 1992 to June 30, 1997.

"Ivan Selin resigned June 30, 1995.

272
B. NRC COMMISSIONERS, 1975-PRESENT

From From To Remarks

Greta J. Dicus February 15, 1996 June 30, 1998 Term Expired

Chairman

Commissioner

Nils J. Diaz

Nils J. Diaz

Chairman

Edward McGaffigan, Jr.

Edward McGaffigan, Jr.

Edward McGaffigan, Jr.

Jeffrey S. Merrifield

Jeffrey S. Merrifield

Richard A. Meserve, Chairman

Gregory B. Jaczko

October 27, 1998

July 1, 1999

October 29, 1999"4

August 23, 1996

October 4, 2001

April 1, 2003"

August 28, 1996

July 1, 2000

October 12, 200516

October 23, 1998

August 5, 2002

October 29, 1999

January 21, 2005

June 30, 199912

October 29, 199913

June 30, 2003

June 30, 2001

March 31, 2003

June 30, 2006

June 30, 2000

June 30, 2005

September 2, 2007

June 30, 2002

June 30, 2007

March 31, 200317

Recess Appointmentis

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Term Expired

Deceased

Term Expired

Term Expired

Resigned

12Greta J. Dicus was re-nominated to a new 5 year term as Commissioner on May 22, 1998. Her nomination

was confirmed by the Senate on October 21, 1998. 1

3

Greta J. Dicus assumed the Chairmanship on July 1, 1999. '

4

On October 29, 1999, Greta J. Dicus vacated the Chairmanship but remained as a Commissioner. 1

"On April 1, 2003, Nils J. Diaz assumed the Chairmanship. 1

6

Office vacant July 1, 2005 through October 11,2005. Commissioner McGaffigan was nominated on July 28,

2005 and confirmed by the Senate on October 7, 2005.

"On March 31, 2003, Richard A. Meserve resigned.

273
B. NRC COMMISSIONERS, 1975-PRESENT

From

Gregory B. Jaczko

Gregory B. Jaczko

Chairman

Peter B. Lyons

Dale E. Klein, Chairman

Commissioner

Kristine L. Svinicki

From

May 31, 2006

July 1, 2008

May 13, 2009

May 31, 2006

July 1, 2006

May 13, 200920

March 17, 2008

To

June 30, 2008

May 13, 2009

June 30, 201319

June 30, 2009

May 13, 2009

June 30, 2011

June 30, 2012

Remarks

Term Expired

Term Expires

Term Expires

Term Expires

Term Expires

"

8

On January 19, 2005, President Bush appointed Gregory B. Jaczko during Senate recess (effective to the end

of Senate's session, in 2006).

"

9

Gregory B. Jaczko assumed the Chairmanship on May 13, 2009. 200n May 13, 2009, Dale E. Klein vacated the Chairmanship but remained as a Commissioner.

274
2:.LoNv-Level Radioactive Waste

2. Low-Level Radioactive Waste

Contents

A. LOW-LEVEL RADIOACTIVE WASTE POLICY ACT OF 1980 ................ 279

Sec. 1. Sh ort T itle .......................................................................................... 279

See. 2. D efinitions ......................................................................................... 279

Sec. 3. G eneral Provisions ............................................................................ 279

Sec. 4. Low-Level Radioactive Waste Disposal .......................................... 280

B. LOW-LEVEL RADIOACTIVE WASTE POLICY ACT OF 1985 (TITLE

1), A S A M EN D ED ................................................................................................ 281

Sec. 101. Short T itle ...................................................................................... 281

Sec. 102. Amendment To The Low-level Radioactive Waste Policy Act.. 281

See. 1. Sh ort T itle .......................................................................................... 28 1

Sec. 2. D efi nitions .......................................................................................... 281

Sec. 3. Responsibilities For Disposal Of Low-level Radioactive Waste.... 282

Sec. 4. Regional Compacts For Disposal Of Low-level Radioactive

W a ste ........................................................................................................... 2 84

Sec. 5. Limited Availability Of Certain Regional Disposal Facilities

During Transition And Licensing Periods ............................................... 285

Sec. 6. E m ergency A ccess ............................................................................. 295

Sec. 7. Responsibilities Of The Department Of Energy ............................. 297

Sec. 8. Alternative Disposal Methods .......................................................... 298

Sec. 9. Licensing Review And Approval ..................................................... 298

Sec. 10. Radioactive Waste Below Regulatory Concern ............................ 298

C. LOW-LEVEL RADIOACTIVE WASTE POLICY AMENDMENTS ACT

OF 1985 (TITLE II, INCLUDES: NW, CENTRAL, SE, CENTRAL

MIDWEST, MW, ROCKY MOUNTAIN, NE INTERSTATE

C O M P A C T S) ........................................................................................................ 299

Title II-Omnibus Low-Level Radioactive Waste Interstate Compact

C on sen t A ct ........................................................................................................ 299

Sec. 201. Short T itle ............................................................................................. 299

Subtitle A-General Provisions ....................................................................... 299

Sec. 211. Congressional Finding .................................................................. 299

Sec. 212. Conditions of Consent to Compacts ............................................. 299

Sec. 213. Congressional Review .................................................................. 299

Subtitle B-Congressional Consent To Compacts ........................................... 300

Northwest Interstate Compact On Low-Level Radioactive Waste

M an agem ent ................................................................................................... 300

A rticle I-Policy A nd Purpose ....................................................................... 300

A rticle lI-D efinitions ..................................................................................... 300

Article III-Regulatory Practices .................................................................. 301

A rticle IV-R egional Facilities ....................................................................... 301

Article V-Northwest Low-Level Waste Compact Committee ................... 302

Article VI-Eligible Parties And Effective Date ........................................... 303

A rticle V II-Severability ................................................................................ 303

275
Sec. 222. Central Interstate Low-level Radioactive Waste Compact ....... 303

Central Interstate Low-Level Radioactive Waste Compact .......................... 303

A rticle I-Policy A nd Purpose ....................................................................... 303

A rticle H -D efinitions ..................................................................................... 304

Article III-Rights And Obligations .............................................................. 305

Article IV-The Commission .......................................................................... 306

Article V-Development And Operation Of Regional Facilities ................. 308

Article VI-Other Laws And Regulations ..................................................... 309

Article VII-Eligible Parties, Withdrawal, Revocation, Entry Into

F orce, T erm ination .................................................................................... 309

A rticle V III-Penalties .................................................................................... 310

Article IX-Severability And Construction .................................................. 311

Sec. 223. Southeast Interstate Low-level Radioactive Waste

M anagem ent C om pact ............................................................................... 311

Southeast Interstate Low-Level Radioactive Waste Management

C om pact ...................................................................................................... 3 11

Article I-Policy And Purpose ....................................................................... 311

A rticle II-D efinitions ..................................................................................... 312

Article III-Rights And Obligations .............................................................. 313

Article IV-The Commission .......................................................................... 314

Article V-Development And Operation Of Facilities ................................. 317

Article VI-Other Laws And Regulations ..................................................... 317

Article VII-Eligible Parties; Withdrawal; Revocation; Entry Into

F orce; T erm ination .................................................................................... 318

A rticle V III-Penalties .................................................................................... 320

Article IX-Severability And Construction .................................................. 320

Sec. 224. Central Midwest Interstate Low-level Radioactive Waste

C o m p act ...................................................................................................... 320

Central Midwest Interstate Low-Level Radioactive Waste Compact .......... 321

Article I-Policy And Purpose ....................................................................... 321

A rticle II-D efinitions ..................................................................................... 321

Article ITT-The Commission ......................................................................... 324

Article IV-Regional Management Plan ....................................................... 327

Article V-Rights And Obligations Of Party States ..................................... 328

Article VI-Development And Operation Of Facilities ................................ 328

Article VII-Other Laws And Regulations ................................................... 332

Article VIII-Eligible Parties, Withdrawal, Revocation, Entry Into

F orce, T erm ination .................................................................................... 333

A rticle IX -P enalties ....................................................................................... 334

Article X-Severabiity And Construction .................................................... 334

Sec. 225. Midwest Interstate Low-level Radio Active Waste

M anagem ent C om pact ............................................................................... 335

Midwest Interstate Low-Level Radio Active Waste Management

C o m p act ......................................................................................................... 3 3 5

A rticle I-Policy A nd Purpose ....................................................................... 335

A rticle II-D efinitions ..................................................................................... 336

276
Article III-The Commission ......................................................................... 337

Article IV-Regional Management Plan ....................................................... 339

Article V-Rights And Obligations Of Party States ..................................... 340

Article VI-Development And Operation Of Facilities ................................ 340

Article VII-Other Laws And Regulations ................................................... 342

Article VHI-Eligible Parties, Withdrawal, Revocation, Entry Into

Force, T erm ination .................................................................................... 343

A rticle IX -Penalties ....................................................................................... 344

Article X-Severability And Construction .................................................... 344

Sec. 226. Rocky Mountain Low-level Radioactive Waste Compact ......... 345

Rocky Mountain Low-Level Radioactive Waste Compact ............................ 345

Article I-Findings And Purpose ................................................................... 345

A rticle TI-D efinitions .................................................................................... 345

Article III-Rights, Responsibilities, And Obligations ................................ 346

Article IV-Board Approval Of Regional Facilities ..................................... 347

A rticle V -Surcharges .................................................................................... 348

A rticle V I-T he B oard .................................................................................... 348

Article VH-Prohibited Acts And Penalties .................................................. 350

Article VIII-Eligibility, Entry Into Effect, Congressional Consent,

W ithdraw al, E xclusion .............................................................................. 352

Article IX-Construction And Severability .................................................. 352

Sec. 227. Northeast Interstate Low-level Radioactive Waste

M anagem ent C om pact ............................................................................... 352

Northeast Interstate Low-Level Radioactive Waste Management

C om p act ......................................................................................................... 353

Article I-Policy And Purpose ....................................................................... 353

A rticle H -D efinitions ................ .................................................................... 353

Article HI-Rights And Obligations .............................................................. 354

Article IV-The Commission .......................................................................... 357

Article V-Host State Selection And Development And Operation Of

R egional F acilities ...................................................................................... 361

Article VI-Other Laws And Regulations ..................................................... 363

Article VII-Eligible Parties, Withdrawal, Revocation, Entry Into

F orce, T erm ination .................................................................................... 365

A rticle V III-Penalties .................................................................................... 366

Article IX-Compensation Provisions ........................................................... 367

Article X-Severability And Construction .................................................... 368

D. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE

COMPACT CONSENT ACT .............................................................................. 368

Sec. 1. Short T itle .......................................................................................... 368

Sec. 2. Congressional Finding ...................................................................... 368

Sec. 3. Conditions of Consent to Compact .................................................. 368

Sec. 4. Congressional Review ....................................................................... 369

Sec. 5. Appalachian States Low-level Radioactive Waste Compact ......... 369

Appalachian States Low-Level Radioactive Waste Compact ........................ 369

P rea m b le ......................................................................................................... 3 69

277
A rticle I-D efinitions ........................................................... 369........ 

Article Ill-Rights, Responsibilities And Obligations Of Party States ...... 375

Article IV-Prohibited Acts And Penalties ................................................... 378

Article V-Eligibility, Entry Into Effect, Congressional Consent,

W ithdraw al ................................................................................................. 379

Article VI-Construction And Severability .................................................. 379

E. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE DISPOSAL

COMPACT CONSENT ACT .............................................................................. 380

Sec. 1. Short T itle .......................................................................................... 380

Sec. 2. Congressional Finding ...................................................................... 380

Sec. 3. Conditions of Consent to Compact .................................................. 380

Sec. 4. Congressional Review ....................................................................... 380

Sec. 5. Southwestern Low-Level Radioactive Waste Compact ................. 380

Article I-Compact Policy And Formation ................................................... 380

A rticle H -D efinitions ..................................................................................... 381

Article III-The Commission ......................................................................... 382

Article IV-Rights, Responsibilities, And Obligations Of Party States ...... 386

Article V-Approval Of Regional Facilities .................................................. 388

Article VI-Prohibited Acts And Penalties ................................................... 388

Article VII-Eligibility, Entry Into Effect, Congressional Consent,

W ithdraw al, E xclusion .............................................................................. 388

Article VIlI-Construction And Severability ............................................... 389

F. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT

C O N SE N T A C T .................................................................................................. 39 1

Sec. 1. Short T itle ......................................................................................... 39 1

Sec. 2. Congressional Finding ...................................................................... 391

Sec. 3. Conditions of Consent to Compact .................................................. 391

Sec. 4. Congressional Review ....................................................................... 391

Sec. 5. Texas Low-Level Radioactive Waste Compact ............................. 391

Article I. Policy And Purpose ..................................................................... 391

A rticle II. D efinitions ................................................................................... 392

Article IlL. The Commission ....................................................................... 393

Article IV. Rights, Responsibilities, And Obligations Of Party ............... 395

Article V. Party State Contributions .............................. 397

Article VI. Prohibited Acts And Penalties ................................................. 397

Article VII. Eligibility, Entry Into Effect; Congressional Consent;

W ithdraw al; E xclusion .............................................................................. 398

Article VIII. Construction And Severability .............................................. 399

278
A. LOW-LEVEL RADIOACTIVE WASTE POLICY

ACT OF 1980

Public Law 96-573 [S. 21891 94 Stat. 3347

42 USC 2021b

note.

Low-Level

Radioactive

Waste Policy

Act.

42 USC 2021b.

42 USC 2021 c.

State compacts

regarding

regional

facilities.

Dec. 22, 1980

An Act

To set forth a Federal policy for the disposal of low-level radioactive

wastes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

Sec. 1. Short Title.

This Act may be cited as the "Low-Level Radioactive Waste Policy

Act."

Sec. 2. Definitions.

As used in this Act:

(1) The term "disposal" means the isolation of low-level

radioactive waste pursuant to requirements established by the

Nuclear Regulatory Commission under applicable laws.

(2) The term "low-level radioactive waste" means radioactive

waste not classified as high-level radioactive waste, transuranic

waste, spent nuclear fuel, or byproduct material as defined in section

I le.(2) of the Atomic Energy Act of 1954.

(3) The term "State" means any State of tfie United States, the

District of Columbia, and, subject to the provisions of Public Law

96-205, the Commonwealth of Puerto Rico, the Virgin Islands,

Guam, the Northern Mariana Islands, the Trust Territory of the

Pacific Islands, and any other territory or possession of the United

States.

(4) For purposes of this Act the term "atomic energy defense

activities of the Secretary" includes those activities and facilities of

the Department of Energy carrying out the function of-

(i) Naval reactors development and propulsion,

(ii) weapons activities, verification and control technology,

(iii) defense materials production,

(iv) inertial confinement fusion,

(v) defense waste management, and

(vi) defense nuclear materials security and safeguards (all as

included in the Department of Energy appropriations account in

any fiscal year for atomic energy defense activities).

Sec. 3. General Provisions.

(a) Compacts established under this Act or actions taken under such

compacts shall not be applicable to the transportation, management, or

disposal of low-level radioactive waste from atomic energy defense

activities of the Secretary or Federal research and development

activities.

(b) Any facility established or operated exclusively for the disposal

of low-level radioactive waste produced by atomic energy defense

activities of the Secretary or Federal research and development activities

shall not be subject to compacts established under this Act or actions

taken under such compacts.

279
42 USC 2021 d.

Congressional

consent.

Report to

Congress and

States.

Sec. 4. Low-Level Radioactive Waste Disposal.

(a)(1) It is the policy of the Federal Government that-

(A) each State is responsible for providing for the availability

of capacity either within or outside the State for the disposal of

low-level radioactive waste generated within its borders except

for waste generated as a result of defense activities of the

Secretary or Federal research and development activities; and

(B) low-level radioactive waste can be most safely and

efficiently managed on a regional basis.

(2)(A) To carry out the policy set forth in paragraph (1), the

States may enter into such compacts as may be necessary to provide

for the establishment and operation of regional disposal facilities for

low-level radioactive waste.

(B) A compact entered into under subparagraph (A) shall not

take effect until the Congress has by law consented to the

compact. Each such compact shall provide that every 5 years

after the compact has taken effect the Congress may by law

withdraw its consent. After January 1, 1986, any such compact

may restrict the use of the regional disposal facilities under the

compact to the disposal of low-level radioactive waste generated

within the region.

(b)(1) In order to assist the States in carrying out the policy set forth

in subsection (a)(1), the Secretary shall prepare and submit to Congress

and to each of the States within 120 days after the date of the enactment

of this Act a report which-

(A) defines the disposal capacity needed for present and

future low-level radioactive waste on a regional basis;

(B) defines the status of all commercial low-level radioactive

waste disposal sites and includes an evaluation of the license

status of each such site, the state of operation of each site,

including operating history, an analysis of the adequacy of

disposal technology employed at each site to contain low-level

radioactive wastes for their hazardous lifetimes, and such

recommendations as the Secretary considers appropriate to

assure protection of the public health and safety from wastes

transported to such sites;

(C) evaluates the transportation requirements on a regional

basis and in comparison with performance of present

transportation practices for the shipment of low-level radioactive

wastes, including an inventory of types and quantities of lowlevel wastes, and evaluation of shipment requirements for each

type of waste and an evaluation of the ability of generators,

shippers, and carriers to meet such requirements; and

(D) evaluates the capability of the low-level radioactive waste

disposal facilities owned and operated by the Department of

Energy to provide interim storage for commercially generated

low-level waste and estimates the costs associated with such

interim storage.

(2) In carrying out this subsection, the Secretary shall consult

with the Governors of the States, the Nuclear Regulatory

Commission, the Environmental Protection Agency, the United

States Geological Survey, and the Secretary of Transportation, and

such other agencies and departments as he finds appropriate.

280
B. LOW-LEVEL RADIOACTIVE WASTE POLICY

ACT OF 1985 (TITLE 1), AS AMENDED

Public Law 99-240 99 Stat. 1842

Low-Level

Radioactive

Waste Policy

Amendments

Act of 1985.

State and local

governments.

January 15, 1986

An Act

To amend the Low-Level Radioactive Waste Policy Act to improve

procedures for the implementation of compacts providing for the

establishment and operation of regional disposal facilities for lowlevel radioactive waste; to grant the consent of the Congress to certain

interstate compacts on low-level radioactive waste; and for other

purposes.I

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

TITLE I-LOW-LEVEL RADIOACTIVE WASTE POLICY

AMENDMENTS ACT OF 1985

Sec. 101. Short Title.

This title may be cited as the "Low-Level Radioactive Waste Policy

Amendments Act of 1985."

Sec. 102. Amendment To The Low-level Radioactive Waste Policy

Act.

The Low-Level Radioactive Waste Policy Act (42 USC 202 1b et seq.)

is amended by'striking out sections 1, 2, 3, and 4 and inserting in lieu

thereof the following:

Sec. 1. Short Title.

This Act may be cited as the "Low-Level Radioactive Waste Policy

Act."

Sec. 2. Definitions.

For purposes of this Act:

(1) Agreement State.-The term "agreement State" means a State

that42 USC 2021b

note.

42 USC 2021b202 1d.

42 USC 2021 b

note.

42 USC 2021 b

note.

42 USC 2021b.

(A) has entered into an agreement with the Nuclear Regulatory

Commission under section 274 of the Atomic Energy Act of 1954

(42 USC 2021); and

(B) has authority to regulate the disposal of low-level

radioactive waste under such agreement,

(2) Allocation.-The term "allocation" means the assignment of a

specific amount of low-level radioactive waste disposal capacity to a

commercial nuclear power reactor for which access is required to be

provided by sited States subject to the conditions specified under this

Act.

(3) Commercial Nuclear Power Reactor.-The term "commercial

nuclear power reactor" means any unit of a civilian light-water

moderated utilization facility required to be licensed under section 103

or 104b. of the Atomic Energy Act of 1954 (42 USC 2133 or 2134(b)).

'NOTE: Public Law 96-573, "Low-Level Radioactive Waste Policy Act," (94 Stat. 3347); Dec. 22, 1980 was

amended by Public Law 99-240. The text of Public Law 96-573 is printed at the end of Public Law 99-240.

281
(4) Compact.-The term "compact" means a compact entered into

by two or more States pursuant to this Act.

(5) Compact Commission.-The term "compact commission"

means the regional commission, committee, or board established in a

compact to administer such compact.

(6) Compact Region.-The term "compact region" means the area

consisting of all States that are members of a compact.

(7) Disposal.-The term "disposal" means the permanent isolation

of low-level radioactive waste pursuant to the requirements established

by the Nuclear Regulatory Commission under applicable laws, or by

an agreement State if such isolation occurs in such agreement State.

(8) Generate.-The term "generate", when used in relation to lowlevel radioactive waste, means to produce low-level radioactive waste.

(9) Low-level Radioactive Waste.-

(A) IN GENERAL-The term "low-level radioactive waste"

means radioactive material that-

(i) is not high-level radioactive waste, spent nuclear fuel, or

byproduct material (as defined in section 11 e.(2) of the Atomic

Energy Act of 1954 (42 USC 2014(e)(2))); and

(ii) the Nuclear Regulatory Commission, consistent with

existing law and in accordance with paragraph (A), classifies as

low-level radioactive waste.

(B) EXCLUSION-The term 'low-level radioactive waste' does

not include byproduct material (as defined in paragraphs (3) and

(4) of section 1 le. of the Atomic Energy Act of 1954 (42 USC

2014(e)).2

(10) Non-sited Compact Region.-The term "non-sited compact

region" means any compact region that is not a sited compact region.

(11) Regional Disposal Facility.-The term "regional disposal

facility" means a non-Federal low-level radioactive waste disposal

facility in operation on January 1, 1985, or subsequently established

and operated under a compact.

(12) Secretary.-The term "Secretary" means the Secretary of

Energy.

(13) Sited Compact Region.-

The term "sited compact region" means a compact region in which

there is located one of the regional disposal facilities at Barnwell, in the

State of South Carolina; Richland, in the State of Washington; or Beatty,

in the State of Nevada.

(14) State.-The term "State" means any State of the United States,

the District of Columbia, and the Commonwealth of Puerto Rico.

Sec. 3. Responsibilities For Disposal Of Low-level Radioactive Waste.

Section 3(a)(1) State Responsibilities.-Each State shall be responsible

for providing, either by itself or in cooperation with other States, for the

disposal of-

(A) low-level radioactive waste generated within the State (other than

Nevada.

South Carolina.

Washington.

42 USC 2021c.

2

Public Law 109-58 (119 Stat. 808), August 8,2005, Title VI, section 651(e)(3)(B) inserted "(A) IN

GENERAL" in front of "The term" at the beginning of section 2(9) and redesignated subparagraphs ( A) and

(B) as clauses (i) and (ii), respectively and added the new subparagraph (B).

Note: For other requirements of Public Law 109-58 (119 Stat. 808), August 8, 2005, Title VI, section 651e.,

relating to the addition of paragraphs (3) and (4) to section lIe. of the Atomic Energy Act of 1954, see footnote

#8 of the Atomic Energy Act of 1954, as set forth in this NUREG.

282
by the Federal Government) that consists of or contains class A, B,

or C radioactive waste as defined by section 61.55 of title 10, Code

of Federal Regulations, as in effect on January 26, 1983;

Vessels. (B) low-level radioactive waste described in subparagraph (A)

that is generated by the Federal Government except such waste that

is-

(i) owned or generated by the Department of Energy;

(ii) owned or generated by the United States Navy as a

result of the decommissioning of vessels of the United States

Navy; or

Research and (iii) owned or generated as a result of any research,

development, development, testing, or production of any atomic weapon; and

(C) low-level radioactive waste described in subparagraphs (A)

and (B) that is generated outside of the State and accepted for

disposal in accordance with section 5 or 6.

(2) No regional disposal facility may be required to accept for

disposal any material-

(A) that is not low-level radioactive waste as defined by section

61.55 of title 10, Code of Federal Regulations, as in effect on

January 26, 1983, or

(B) identified under the Formerly Utilized Sites Remedial

Action Program.

Nothing in this paragraph shall be deemed to prohibit a State, subject

to the provisions of its compact, or a compact region from accepting for

disposal any material identified in subparagraph (A) or (B).

(b)(1) The Federal Government shall be responsible for the disposal

of-

(A) low-level radioactive waste owned or generated by the

Department of Energy;

Vessels. (B) low-level radioactive waste owned or generated by the United

States Navy as a result of the decommissioning of vessels of the United

States Navy;

Health. (C) low-level radioactive waste owned or generated by the Federal

Research and Government as a result of any research, development, testing, or

development, production of any atomic weapon; and

(D) any other 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.

42 USC 2011 (2) All radioactive waste designated a Federal responsibility

note, pursuant to subparagraph (b)(1)(D) that results from activities licensed

Safety. by the Nuclear Regulatory Commission under the Atomic Energy Act

of 1954, as amended, shall be disposed of in a facility licensed by the

Nuclear Regulatory Commission that the Commission determines is

adequate to protect the public health and safety.

Report. (3) Not later than 12 months after the date of enactment of this Act,

the Secretary shall submit to the Congress a comprehensive report

setting forth the recommendations of the Secretary for ensuring the

safe disposal of all radioactive waste designated a Federal

responsibility pursuant to subparagraph (b)(1)(D). Such report shall

include283
Prohibition.

Report.

42 USC 2021 d.

Prohibition.

Prohibition.

(A) an identification of the radioactive waste involved,

including the source of such waste, and the volume, concentration,

and other relevant characteristics of such waste;

(B) an identification of the Federal and non-Federal options for

disposal of such radioactive waste;

(C) a description of the actions proposed to ensure the safe

disposal of such radioactive waste;

(D) a description of the projected costs of undertaking such

actions;

(E) an identification of the options for ensuring that the

beneficiaries of the activities resulting in the generation of such

radioactive wastes bear all reasonable costs of disposing of such

wastes; and

(F) an identification of any statutory authority required for

disposal of such waste.

(4) The Secretary may not dispose of any radioactive waste

designated a Federal responsibility pursuant to paragraph (b)(1)(D)

that becomes a Federal responsibility for the first time pursuant to

such paragraph until ninety days after the report prepared pursuant to

paragraph (3) has been submitted to the Congress.

Sec. 4. Regional Compacts For Disposal Of Low-level Radioactive

Waste.

(a) In General-

(1) Federal Policy.-It is the policy of the Federal Government that

the responsibilities of the States under section 3 for the disposal of

low-level radioactive waste can be most safely and effectively

managed on a regional basis.

(2) Interstate Compacts.-To carry out the policy set forth in

paragraph (1), the States may enter into such compacts as may be

necessary to provide for the establishment and operation of regional

disposal facilities for low-level radioactive waste.

(b) Applicability To Federal Activities.-

(1) In General.-

(A) Activities Of The Secretary.-Except as provided in

subparagraph (B), no compact or act taken under a compact shall

be applicable to the transportation, management, or disposal of any

low-level radioactive waste designated in section 3(a)(1)(B) (i)-

(iii).

(B) Federal Low-level Radioactive Waste Disposed Of At Nonfederal Facilities.-Low-level radioactive waste owned or generated

by the Federal Government that is disposed of at a regional

disposal facility or non-Federal disposal facility within a State that

is not a member of a compact shall be subject to the same

conditions, regulations, requirements, fees, taxes, and surcharges

imposed by the compact commission, and by the State in which

such facility is located, in the same manner and to the same extent

as any low-level radioactive waste not generated by the Federal

Government.

(2) Federal Low-level Radioactive Waste Disposal Facilities.-Any

low-level radioactive waste disposal facility established or operated

exclusively for the disposal of low-level radioactive waste owned or

284
Prohibition.

Regulations.

Transportation.

Health.

Pollution.

Safety.

Government

organization

and employees.

28 USC 2671

el seq.

Prohibition.

Prohibition.

Prohibition.

42 USC 2021 e.

generated by the Federal Government shall not be subject to any

compact or any action taken under a compact.

(3) Effect Of Compacts On Federal Law.-Nothing contained in

this Act or any compact may be construed to confer any new authority

on any compact commission or State-

(A) to regulate the packaging, generation, treatment, storage,

disposal, or transportation of low-level radioactive waste in a

manner incompatible with the regulations of the Nuclear

Regulatory Commission or inconsistent with the regulations of the

Department of Transportation;

(B) to regulate health, safety, or environmental hazards from

source material, byproduct material, or special nuclear material;

(C) to inspect the facilities of licensees of the Nuclear

Regulatory Commission;

(D) to inspect security areas or operations at the site of the

generation of any low-level radioactive waste by the Federal

Government, or to inspect classified information related to such

areas or operations; or

(E) to require indemnification pursuant to the provisions of

chapter 171 of title 28, United States Code (commonly referred to

as the Federal Tort Claims Act), or section 170 of the Atomic

Energy Act of 1954 (42 USC 2210) (commonly referred to as the

Price-Anderson Act), whichever is applicable.

(4) Federal Authority.-Except as expressly provided in this Act,

nothing contained in this Act or any compact may be construed to

limit the applicability of any Federal law or to diminish or otherwise

impair the jurisdiction of any Federal agency, or to alter, amend, or

otherwise affect any Federal law governing the judicial review of any

action taken pursuant to any compact.

(5) State Authority Preserved.-

Except as expressly provided in this Act, nothing contained in this Act

expands, diminishes, or otherwise affects State law.

(c) Restricted Use Of Regional Disposal Facilities.-Any authority in a

compact to restrict the use of the regional disposal facilities under the

compact to the disposal of low-level radioactive waste generated within

the compact region shall not take effect before each of the following

occurs:

(1) January 1, 1986; and

(2) the Congress by law consents to the compact.

(d) Congressional Review.-Each compact shall provide that every 5

years after the compact has taken effect the Congress may by law

withdraw its consent.

Sec. 5. Limited Availability Of Certain Regional Disposal Facilities

During Transition And Licensing Periods.

(a) Availability Of Disposal Capacity.-

(1) Pressurized Water And Boiling Water Reactors.-During the

seven-year period beginning January 1, 1986, and ending December

31, 1992, subject to the provisions of subsections (b) through (g), each

State in which there is located a regional disposal facility referred to in

paragraphs (I) through (3) of subsection (b) shall make disposal

capacity available for low-level radioactive waste generated by

pressurized water and boiling water commercial nuclear power

285
reactors in accordance with the allocations established in subsection

(c).

(2) Other Sources Of Low-level Radioactive Waste.-During the

seven-year period beginning January 1, 1986 and ending December

31, 1992, subject to the provisions of subsections (b) through (g), each

State in which there is located a regional disposal facility referred to in

paragraphs (1) through (3) of subsection (b) shall make disposal

capacity available for low-level radioactive waste generated by any

source not referred to in paragraph (1).

(3) Allocation Of Disposal Capacity.-

(A) During the seven-year period beginning January 1, 1986

and ending December 31, 1992, low-level radioactive waste

generated within a sited compact region shall be accorded priority

under this section in the allocation of available disposal capacity at

a regional disposal facility referred to in paragraphs (1) through (3)

of subsection (b) and located in the sited compact region in which

such waste is generated.

(B) Any State in which a regional disposal facility referred to

in paragraphs (1) through (3) of subsection (b) is located may,

subject to the provisions of its compact, prohibit the disposal at

such facility of low-level radioactive waste generated outside of

the compact region if the disposal of such waste in any given

calendar year, together with all other low-level radioactive waste

would result in that facility disposing of a total annual volume of

low-level radioactive waste in excess of 100 per centum of the

average annual volume for such facility designated in sub-section

(b): Provided, however, That in the event that all three States in

which regional disposal facilities referred to in paragraphs (1)

through (3) of subsection (b) act to prohibit the disposal of lowlevel radioactive waste pursuant to this subparagraph, each such

State shall, in accordance with any applicable procedures of its

compact, permit, as necessary, the disposal of additional quantities

of such waste in increments of 10 per centum of the average annual

volume for each such facility designated in subsection (b).

Prohibition. (C) Nothing in this paragraph shall require any disposal facility

or State referred to in paragraphs (1) through (3) of subsection (b)

to accept for disposal low-level radioactive waste in excess of the

total amounts designated in subsection (b).

Prohibition. (4) Cessation Of Operation Of Low-level Radioactive Waste

Disposal Facility.-No provision of this section shall be construed to

obligate any State referred to in paragraphs (1) through (3) of

subsection (b) to accept low-level radioactive waste from any source

in the event that the regional disposal facility located in such State

ceases operations.

(b) Limitations.-The availability of disposal capacity for low-level

radioactive waste from any source shall be subject to the following

limitations:

(1) Barnwell, South Carolina.-The State of South Carolina, in

accordance with the provisions of its compact, may limit the volume

of low-level radioactive waste accepted for disposal at the regional

disposal facility located in Barnwell, South Carolina to a total of

8,400,000 cubic feet of low-level radioactive waste during the 7-year

286
period beginning January 1, 1986 and ending December 31, 1992 (as

based on an average annual volume of 1,200,000 cubic feet of lowlevel radioactive waste).

(2) Richland, Washington.-The State of Washington, in

accordance with the provisions of its compact, may limit the volume

of low-level radioactive waste accepted for disposal at the regional

disposal facility located at Richland, Washington to a total of

9,800,000 cubic feet of low-level radioactive waste during the 7-year

period beginning January 1, 1986, and ending December 31, 1992 (as

based on an average annual volume of 1,400,000 cubic feet of lowlevel radioactive waste).

(3) Beatty, Nevada.-The State of Nevada, in accordance with the

provisions of its compact, may limit the volume of low-level

radioactive waste accepted for disposal a the regional disposal facility

located at Beatty, Nevada to a total of 1,400,000 cubic feet of lowlevel radioactive waste during the 7-year period beginning January 1,

1986, and ending December 31, 1992 (as based on an average annual

volume of 200,000 cubic feet of low-level radioactive waste).

(c) Commercial Nuclear Power Reactor Allocations.-

(1) Amount.-Subject to the provisions of subsections (a) through

(g) each commercial nuclear power reactor shall upon request receive

an allocation of low-level radioactive waste disposal capacity (in cubic

feet) at the facilities referred to in subsection (b) during the 4-year

transition period beginning January 1, 1986 and ending December 31,

1989, and during the 3-year licensing period beginning January 1,

1990, and ending December 31, 1992, in an amount calculated by

multiplying the appropriate number from the following table by the

number of months remaining in the applicable period as determined

under paragraph (2).

Reactor 4-year Licensing Period 3-year Licensing Period

Type In Sited All Other In Sited All Other

Region Locations Region Locations

PWR 1027 871 934 685

BWR 2300 1951 2091 1533

(2) Method Of Calculation.-For purposes of calculating the

aggregate amount of disposal capacity available to a commercial

nuclear power reactor under this subsection, the number of months

shall be computed beginning with the first month of the applicable

period, or the sixteenth month after receipt of a full power operating

license, whichever occurs later.

(3) Unused Allocations.-Any unused allocation under paragraph

(1) received by a reactor during the transition period or the licensing

period may be used at any time after such reactor receives its full

power license or after the beginning of the pertinent period, whichever

is later, but not in any event after December 31, 1992, or after

commencement of operation of a regional disposal facility in the

287
compact region or State in which such reactor is located, whichever

occurs first.

(4) Transferability.-Any commercial nuclear power reactor in a

State or compact region that is in compliance with the requirements of

subsection (e) may assign any disposal capacity allocated to it under

this subsection to any other person in each State or compact region.

Such assignment may be for valuable consideration and shall be in

writing, copies of which shall be filed at the affected compact

commissions and States, along with the assignor's unconditional

written waiver of the disposal capacity being assigned.

(5) Unusual Volumes.-

(A) The Secretary may, upon petition by the owner or operator

of any commercial nuclear power reactor, allocate to such reactor

disposal capacity in excess of the amount calculated under

paragraph (1) if the Secretary finds and states in writing his

reasons for so finding that making additional capacity available for

such reactor through this paragraph is required to permit unusual or

unexpected operating, maintenance, repair or safety activities.

Prohibition. (B) The Secretary may not make allocations pursuant to

subparagraph (A) that would result in the acceptance for disposal

of more than 800,000 cubic feet of low-level radioactive waste or

would result in the total of the allocations made pursuant to this

subsection exceeding 11,900,000 cubic feet over the entire sevenyear interim access period.

Prohibition. (6) Limitation.-During the seven-year interim access period

referred to in subsection (a), the disposal facilities referred to in

subsection (b) shall not be required to accept more than 11,900,000

cubic feet of low-level radioactive waste generated by commercial

nuclear power reactors.

Prohibition. (d)(1) Surcharges.-The disposal of any low-level radioactive waste

under this section (other than low-level radioactive waste generated in a

sited compact region) may be charged a surcharge by the State in which

the applicable regional disposal facility is located, addition to the fees and

surcharges generally applicable for disposal of low-level radioactive waste

in the regional disposal facility involved. Except as provided in subsection (e)(2), such surcharges shall not exceed-

(A) in 1986 and 1987, $10 per cubic foot of low-level

radioactive waste;

(B) in 1988 and 1989, $20 per cubic foot of low-level

radioactive waste; and

(C) in 1990, 1991, and 1992, $40 per cubic foot of low-level

radioactive waste.

(2) Milestone Incentives.-

(A) Escrow Account.-Twenty-five per centum of all surcharge

fees received by a State pursuant to paragraph (1) during the

seven-year period referred to in subsection (a) shall be transferred

on a monthly basis to an escrow account held by the Secretary. The

Secretary shall deposit all funds received in a special escrow

account. The funds so deposited shall not be the property of the

United States. The Secretary shall act as trustee for such funds and

shall invest them in interest-bearing United States Government

288
Securities with the highest available yield. Such funds shall be

held by the Secretary until-

(i) paid or repaid in accordance with subparagraph (B) or

(C); or

(ii) paid to the State collecting such fees in accordance with

subparagraph (F).

(B) Payments.-

(i) July 1, 1986.-The twenty-five per centum of any amount

collected by a State under paragraph (1) for low-level

radioactive waste disposed of under this section during the

period beginning on the date of enactment of the Low-Level

Radioactive Waste Policy Amendments Act of 1985 and

ending June 30, 1986, and transferred to the Secretary under

subparagraph (A), shall be paid by the Secretary in accordance

with subparagraph (D) if the milestone described in sub-section

(e)(1)(A) is met by the State in which such waste originated.

(ii) January 1, 1988.-The twenty-five per centum of any

amount collected by a State under paragraph (1) for low-level

radioactive waste disposed of under this section during the

period beginning July 1, 1986 and ending December 31, 1987,

and transferred to the Secretary under subparagraph (A), shall

be paid by the Secretary in accordance with subparagraph (D)

if the milestone described in subsection (e)(1)(B) is met by the

state in which such waste originated (or its compact region,

where applicable).

(iii) January 1, 1990.-The twenty-five per centum of any

amount collected by a State under paragraph (1) for low-level

radioactive waste disposed of under this section during the

period beginning January 1, 1988 and ending December 31,

1989, and transferred to the Secretary under subparagraph (A),

shall be paid by the Secretary in accordance with subparagraph

(D) if the milestone described in subsection (e)(1)(C) is met by

the State in which such waste originated (or its compact region,

where applicable).

(iv) The twenty-five per centum of any amount collected by

a State under paragraph (1) for low-level radioactive waste

disposed of under this section during the period beginning

January 1, 1990 and ending December 31, 1992, and

transferred to the Secretary under subparagraph (A), shall be

paid by the Secretary in accordance with subparagraph (D) if,

by January 1, 1993, the State in which such waste originated

(or its compact region, where applicable) is able to provide for

the disposal of all low-level radioactive waste generated within

such State or compact region.

(C) Failure To Meet January 1, 1993 Deadline.-If, by January

1, 1993, a State (or, where applicable, a compact region) in which

low-level radioactive waste is generated is unable to provide for

the disposal of all such waste generated within such State or

compact region-

(i) each State in which such waste is generated, upon the

request of the generator or owner of the waste, shall take title to

the waste, shall be obligated to take possession of the waste,

289
and shall be liable for all damages directly or indirectly

incurred by such generator or owner as a consequence of the

failure of the State to take possession of the waste as soon after

January 1, 1993 as the generator or owner notifies the State that

the waste is available for shipment; or?

(ii) if such State elects not to take title to, take possession

of, and assume liability for such waste, pursuant to clause (i),

twenty-five per centum of any amount collected by a State

under paragraph (1) for low-level radioactive waste disposed of

under this section during the period beginning January 1, 1990

and ending December 31, 1992 shall be repaid, with interest, to

each generator from whom such surcharge was collected.

Repayments made pursuant to this clause shall be made on a

monthly basis, with the first such repayment beginning on

February 1, 1993, in an amount equal to one thirty-sixth of the

total amount required to be repaid pursuant to this clause, and

shall continue until the State (or, where applicable, compact

region) in which such low-level radioactive waste in generated

is able to provide for the disposal of all such waste generated

within such State or compact region or until January 1, 1996,

whichever is earlier.

If a State in which low-level radioactive waste is generated elects to take

title to, take possession of, and assume liability for such waste pursuant to

clause (i), such State shall be paid such amounts as are designated in

subparagraph (B)(iv). If a State (or, where applicable, a compact region)

in which low-level radioactive waste is generated provides for the disposal

of such waste at any time after January 1, 1993 and prior to January 1,

1996, such State (or, where applicable, compact region) shall be paid in

accordance with subparagraph (D) a lump sum amount equal to twentyfive per centum of any amount collected by a State under paragraph (1):

Provided, however, That such payment shall be adjusted to reflect the

remaining number of months between January 1, 1993 and January 1,

1996 for which such State (or, where applicable, compact region) provides

for the disposal of such waste. If a State (or, where applicable, a compact

region) in which low-level radioactive waste is generated is unable to

provide for the disposal of all such waste generated within such State or

compact region by January 1, 1996, each State in which such waste is

generated, upon the request of the generator or owner of the waste shall

take title to the waste, be obligated to take possession of the waste, and

shall be liable for all damages directly or indirectly incurred by such

generator or owner as a consequence of the failure of the State to take

possession of the waste as soon after January 1, 1996, as the generator or

owner notifies the State that the waste is available for shipment.

(D) Recipients Of Payments.-The payments described in

subparagraphs (B) and (C) shall be paid within thirty days after the

applicable date-

(i) if the State in which such waste originated is not a

member of a compact region, to such State;

3

The United States Supreme Court struck down this provision because it was unconditional. (N. Y vs. United

States 112 S. Ct. 2408 (June 19, 1992)).

290
(ii) if the State in which such waste originated is a member

of the compact region, to the compact commission serving such

State.

(E) Uses Of Payments.-

(i) Limitations.-Any amount paid under subparagraphs (B)

or (C) may only be used to-

(I) establish low-level radioactive waste disposal

facilities;

Reports. (II) mitigate the impact of low-level radioactive waste

disposal facilities on the host State;

(III) regulate low-level radioactive waste disposal

facilities; or

(IV) ensure the decommissioning, closure, and care

during the period of institutional control of low-level

radioactive waste disposal facilities.

(ii) Reports.-

(1) Recipient.-Any State or compact commission

receiving a payment under subparagraphs (B) or (C) shall,

on December 31 of each year in which any such funds are

expended, submit a report to the Department of Energy

itemizing any such expenditures.

(II) Department Of Energy.-Not later than six months

after receiving the reports under subclause (I), the Secretary

shall submit to the Congress a summary of all such reports

that shall include an assessment of the compliance of each

such State or compact commission with the requirements of

clause (i).

(F) Payment To States.-Any amount collected by a State under

paragraph (1) that is placed in escrow under subparagraph (A) and

not paid to a State or compact commission under subparagraphs

(B) and (C) or not repaid to a generator under subparagraph (C)

shall be paid from such escrow account to such State collecting

such payment under paragraph (1). Such payment shall be made

not later than 30 days after a determination of ineligibility for a

refund is made.

Prohibition. (G) Penalty Surcharges.-No rebate shall be made under this

subsection of any surcharge or penalty surcharge paid during a

period of noncompliance with subsection (e)(1).

(e) Requirements For Access To Regional Disposal Facilities.-

(1) Requirements For Non-sited Compact Regions And Nonmember States.-Each non-sited compact region, or State that is not a

member of a compact region that does not have an operating disposal

facility, shall comply with the following requirements:

(A) By July 1, 1986, each such non-member State shall ratify

compact legislation or, by the enactment of legislation or the

certification of the Governor, indicate its intent to develop a site

for the location of a low-level radioactive waste disposal facility

within such State.

(B) By January 1, 1988.-

(i) each non-sited compact region shall identify the State in

which its low-level radioactive waste disposal facility is to be

located, or shall have selected the developer for such facility

291
and the site to be developed, and each compact region or the

State in which its low-level radioactive waste disposal facility

is to be located shall develop a siting plan for such facility

providing detailed procedures and a schedule for establishing a

facility location and preparing a facility license application and

shall delegate authority to implement such plan;

(ii) each non-member State shall develop a siting plan

providing detailed procedures and a schedule for establishing a

facility location and preparing a facility license application for

a low-level radioactive waste disposal facility and shall

delegate authority to implement such plan; and

(iii) The siting plan required pursuant to this paragraph

shall include a description of the optimum way to attain

operation of the low-level radioactive waste disposal facility

involved, within the time period specified in this Act. Such

plan shall include a description of the objectives and a

sequence of deadlines for all entities required to take action to

implement such plan, including, to the extent practicable, an

identification of the activities in which a delay in the start, or

completion, of such activities will cause a delay in beginning

facility operation. Such plan shall also identify, to the extent

practicable, the process for (1) screening for broad siting areas;

(2) identifying and evaluating specific candidate sites; and (3)

characterizing the preferred site(s), completing all necessary

environmental assessments, and preparing a license application

for submission to the Nuclear Regulatory Commission or an

Agreement State.

(C) By January 1, 1990.-

(i) a complete application (as determined by the Nuclear

Regulatory Commission or the appropriate agency of an

agreement State) shall be filed for a license to operate a lowlevel radioactive waste disposal facility within each non-sited

compact region or within each non-member State; or

(ii) the Governor (or, for any State without a Governor, the

chief executive officer) of any State that is not a member of a

compact region in compliance with clause (i), or has not

complied with such clause by its own actions, shall provide a

written certification to the Nuclear Regulatory Commission,

that such State will be capable of providing for, and will

provide for, the storage, disposal, or management of any lowlevel radioactive waste generated within such State and

requiring disposal after December 31, 1992, and include a

description of the actions that will be taken to ensure that such

capacity exists.

(D) By January 1, 1992, a complete application (as determined

by the Nuclear Regulatory Commission or the appropriate agency

of an agreement State) shall be filed for a license to operate a lowlevel radioactive waste disposal facility within each non-sited

compact region or within each non-member State.

292
Federal (E) The Nuclear Regulatory Commission shall transmit any

Register, certification received under subparagraph (C) to the Congress and

publication, publish any such certification in the Federal Register.

Contracts. (F) Any State may, subject to all applicable provisions, if any,

of any applicable compact, enter into an agreement with the

compact commission of a region in which a regional disposal

facility is located to provide for the disposal of all low-level

radioactive waste generated within such State, and, by virtue of

such agreement, may, with the approval of the State in which the

regional disposal facility is located, be deemed to be in compliance

with subparagraphs (A), (B), (C), and (D).

(2) Penalties For Failure To Comply.-

(A) By July 1, 1986.-If any State fails to comply with

subparagraph (1)(A)-

(i) any generator of low-level radioactive waste within such

region or non-member State shall, for the period beginning July

1, 1986, and ending December 31, 1986, be charged 2 times the

surcharge otherwise applicable under subsection (d); and

(ii) on or after January 1, 1987, any low-level radioactive

waste generated within such region or non-member State may

be denied access to the regional disposal facilities referred to in

paragraphs (1) through (3) of subsection (b).

(B) By January 1, 1988.-If any non-sited compact region or

non-member State fails to comply with paragraph (1)(B)-

(i) any generator of low-level radioactive waste within such

region or non-member State shall-

(I) for the period beginning January 1, 1988, and ending

June 30, 1988, be charged 2 times the surcharge otherwise

applicable under subsection (d); and

(II) for the period beginning July 1, 1988, and ending

December 31, 1988, be charged 4 times the surcharge

otherwise applicable under subsection (d); and

(ii) on or after January 1, 1989, any low-level radioactive

waste generated within such region or non-member State may

be denied access to the regional disposal facilities referred to in

paragraphs (1) through (3) of subsection (b).

(C) By January 1, 1990.-If any non-sited compact region or

non-member State fails to comply with paragraph (1)(C), any lowlevel radioactive waste generated within such region or nonmember State may be denied access to the regional disposal

facilities referred to in paragraphs (1) through (3) of subsection (b).

(D) By January 1, 1992.-If any non-sited compact region or

non-member State fails to comply with paragraph (1)(D), any

generator of low-level radioactive waste within such region or nonmember State shall, for the period beginning January 1, 1992 and

ending upon the filing of the application described in paragraph

(1)(D), be charged 3 times the surcharge otherwise applicable

under subsection (d).

Prohibition. (3) Denial Of Access.-No denial or suspension of access to a

regional disposal facility under paragraph (2) may be based on the

source, class, or type of low-level radioactive waste.

293
Termination.

Nevada.

South Carolina.

Washington.

Nevada.

South Carolina.

Washington.

Commerce and

trade.

Government

organization

and employees.

Prohibition.

(4) Restoration Of Suspended Access; Penalties For Failure To

Comply.-Any access to a regional disposal facility that is suspended

under paragraph (2) shall be restored after the non-sited compact

region or non-member State involved complies with such requirement.

Any payment of surcharge penalties pursuant to paragraph (2) for

failure to comply with the requirements of subsection (e) shall be

terminated after the non-sited compact region or non-member State

involved complies with such requirements.

(f)0(1) Administration.-Each State and compact commission in which a

regional disposal facility referred to in paragraphs (1) through (3) of

subsection (b) is located shall have authority-

(A) to monitor compliance with the limitations, allocations, and

requirements established in this section; and

(B) to deny access to any non-Federal low-level radioactive

waste disposal facilities within its borders to any low-level

radioactive waste that-

(i) is in excess of the limitations or allocations established

in this section; or

(ii) is not required to be accepted due to the failure of a

compact region or State to comply with the requirements of

subsection (e)(1).

(2) Availability Of Information During Interim Access Period.-

(A) The States of South Carolina, Washington, and Nevada

may require information from disposal facility operators,

generators, intermediate handlers, and the Department of Energy

that is reasonably necessary to monitor the availability of disposal

capacity, the use and assignment of allocations and the

applicability of surcharges.

(B) The States of South Carolina, Washington, and Nevada

may, after written notice followed by a period of at least 30 days,

deny access to disposal capacity to any generator or intermediate

handler who fails to provide information under subparagraph (A).

(C) Proprietary Information.-

(i) Trade secrets, proprietary and other confidential

information shall be made available to a State under this

subsection upon request only if such State-

(I) consents in writing to restrict the dissemination of

the information to those who are directly involved in

monitoring under subparagraph (A) and who have a need to

know;

(II) accepts liability for wrongful disclosure; and

(III) demonstrates that such information is essential to

such monitoring.

(ii) The United States shall not be liable for the wrongful

disclosure by any individual or State of any information

provided to such individual or State under this subsection.

(iii) Whenever any individual or State has obtained

possession of information under this subsection, the individual

shall be subject to the same provisions of law with respect to

the disclosure of such information as would apply to an officer

or employee of the United States or of any department or

agency thereof and the State shall be subject to the same

294
42 USC 2021 f.

Defense and

national

security.

Health.

Safety.

Health.

Defense and

national

security.

Safety.

provisions of law with respect to the disclosure of such

information as would apply to the United States or any

department or agency thereof. No State or State officer or

employee who receives trade secrets, proprietary information,

or other confidential information under this Act may be

required to disclose such information under State law.

(g) Nondiscrimination.-Except as provided in subsections (b) through

(e), low-level radioactive waste disposed of under this section shall be

subject without discrimination to all applicable legal requirements of the

compact region and State in which the disposal facility is located as if

such low-level radioactive waste were generated within such compact

region.

Sec. 6. Emergency Access.

(a) In General.-The Nuclear Regulatory Commission may grant

emergency access to any regional disposal facility or non-Federal disposal

facility within a State that is not a member of a compact for specific lowlevel radioactive waste, if necessary to eliminate an immediate and serious

threat to the public health and safety or the common defense and security.

The procedure for granting emergency access shall be as provided in this

section.

(b) Request For Emergency Access.-Any generator of low-level

radioactive waste, or any Governor (or, for any State without a Governor,

the chief executive officer of the State) on behalf of any generator or

generators located in his or her State, may request that the Nuclear

Regulatory Commission grant emergency access to a regional disposal

facility or a non-Federal disposal facility within a State that is not a

member of a compact for specific low-level radioactive waste. Any such

request shall contain any information and certifications the Nuclear

Regulatory Commission may require.

(c) Determination Of Nuclear Regulatory Commission.-

(1) Required Determination.-Not later than 45 days after receiving

a request under subsection (b), the Nuclear Regulatory Commission

shall determine whether-

(A) emergency access is necessary because of an immediate

and serious threat to the public health and safety or the common

defense and security; and

(B) The threat cannot be mitigated by any alternative consistent

with the public health and safety, including storage of low-level

radioactive waste at the site of generation or in a storage facility

obtaining access to a disposal facility by voluntary agreement,

purchasing disposal capacity available for assignment pursuant to

section 5(c) or ceasing activities that general low-level radioactive

waste.

(2) Required Notification.-If the Nuclear Regulatory

Commission makes the determinations required in paragraph (1) in the

affirmative, it shall designate an appropriate non-Federal disposal

facility or facilities, and notify the Governor (or chief executive

officer) of the State in which such facility is located and the

appropriate compact commission that emergency access is required.

Such notification shall specifically describe the low-level radioactive

waste as to source, physical and radiological characteristics, and the

minimum volume and duration, not exceeding 180 days, necessary to

295
alleviate the immediate threat to public health and safety or the

Prohibition. common defense and security. The Nuclear Regulatory Commission

shall also notify the Governor (or chief executive officer) of the State in

which the low-level radioactive waste requiring emergency access was

generated that emergency access has been granted and that, pursuant to

subsection (e), no extension of emergency access may be granted

absent diligent State action during the period of the initial grant.

(d) Temporary Emergency Access.-Upon determining that emergency

Defense and access is necessary because of an immediate and serious threat to the

national public health and safety or the common defense and security, the Nuclear

security. Regulatory Commission may at its discretion grant temporary emergency

Health. access, pending its determination whether the threat could be mitigated by

Safety. any alternative consistent with the public health and safety. In granting

access under this subsection, the Nuclear Regulatory Commission shall

provide the same notification and information required under sub-section

(c). Absent a determination that no alternative consistent with the public

health and safety would mitigate the threat, access granted under this

subsection shall expire 45 days after the granting of temporary emergency

access under this subsection.

Defense and (e) Extension Of Emergency Access.-

national The Nuclear Regulatory Commission may grant one extension of

security. emergency access beyond the period provided in subsection (c), if it

Health. determines that emergency access continues to be necessary because of an

Safety. immediate and serious threat to the public health and safety or the

common defense and security that cannot be mitigated by any alternative

consistent with the public health and safety, and that the generator of lowlevel radioactive waste granted emergency access and the State in which

such low-level radioactive waste was generated have diligently though

unsuccessfully acted during the period of the initial grant to eliminate the

need for emergency access. Any extension granted under this subsection

shall be for the minimum volume and duration the Nuclear Regulatory

Commission finds necessary to eliminate the immediate threat to public

health and safety or the common defense and security, and shall not in any

event exceed 180 days.

(f) Reciprocal Access.-Any compact region or State not a member of a

compact that provides emergency access to non-Federal disposal facilities

within its borders shall be entitled to reciprocal access to any subsequently

operating non-Federal disposal facility that serves the State or compact

region in which low-level radioactive waste granted emergency access

was generated. The compact commission or State having authority to

approve importation of low-level radioactive waste to the disposal facility

to which emergency access was granted shall designate for reciprocal

access an equal volume of low-level radioactive waste having similar

characteristics to that provided emergency access.

(g) Approval By Compact Commission.-Any grant of access under

this section shall be submitted to the compact commission for the region

in which the designated disposal facility is located for such approval as

may be required under the terms of its compact. Any such compact

commission shall act to approve emergency access not later than 15 days

after receiving notification from the Nuclear Regulatory Commission, or

reciprocal access not later than 15 days after receiving notification from

the appropriate authority under subsection (f).

296
Prohibitions.

Prohibition.

42 USC 202 1g.

Health.

Safety.

Science and

technology.

Transportation.

Science and

technology.

Transportation.

(h) Limitations.-No State shall be required to provide emergency or

reciprocal access to any regional disposal facility within its borders for

low-level radioactive waste not meeting criteria established by the license

or license agreement of such facility, or in excess of the approved capacity

of such facility, or to delay the closing of any such facility pursuant to

plans established before receiving a request for emergency or reciprocal

access. No State shall, during any 12-month period, be required to

provide emergency or reciprocal access to any regional disposal facility

within its borders for more than 20 percent of the total volume of lowlevel radioactive waste accepted for disposal at such facility during the

previous calendar year.

(i) Volume Reduction And Surcharges.-Any low-level

radioactive waste delivered for disposal under this section shall

be reduced in volume to the maximum extent practicable and

shall be subject to surcharges established in this Act.

U) Deduction From Allocation.-Any volume of low-level radioactive

waste granted emergency or reciprocal access under this section, if

generated by any commercial nuclear power reactor, shall be deducted

from the low-level radioactive waste volume allocable under section 5(c).

(k) Agreement States.-Any agreement under section 274 of the

Atomic Energy Act of 1954 (42 USC 202 1) shall not be applicable to the

determinations of the Nuclear Regulatory Commission under this section.

Sec. 7. Responsibilities Of The Department Of Energy.

(a) Financial And Technical Assistance.-The Secretary shall, to the

extent provided in appropriations Act, provide to those compact regions,

host States, and nonmember States determined by the Secretary to require

assistance for purposes of carrying out this Act-

(1) continuing technical assistance to assist them in fulfilling their

responsibilities under this Act. Such technical assistance shall include,

but not be limited to, technical guidelines for site selection, alternative

technologies for low-level radioactive waste disposal, volume

reduction options, management techniques to reduce low-level waste

generation, transportation practices for shipment of low-level wastes,

health and safety considerations in the storage, shipment and disposal

of low-level radioactive wastes, and establishment of a computerized

database to monitor the management of low-level radioactive wastes;

and

(2) through the end of fiscal year 1993, financial assistance to

assist them in fulfilling their responsibilities under this Act.

(b) Reports.-The Secretary shall prepare and submit to the Congress

on an annual basis a report which (1) summarizes the progress of lowlevel waste disposal siting and licensing activities within each compact

region, (2) reviews the available volume reduction technologies, their

applications, effectiveness, and costs on a per unit volume basis, (3)

reviews interim storage facility requirements, costs, and usage, (4)

summarizes transportation requirements for such wastes on an inter- and

intra-regional basis, (5) summarizes the data on the total amount of lowlevel waste shipped for disposal on a yearly basis, the proportion of such

wastes subjected to volume reduction, the average volume reduction

attained, and the proportion of wastes stored on an interim basis, and (6)

projects the interim storage and final disposal volume requirements

anticipated for the following year, on a regional basis.

297
42 USC 2021h.

42 USC 2021 i.

Sec. 8. Alternative Disposal Methods.

(a) Not later than 12 months after the date of enactment of the LowLevel Radioactive Waste Policy Amendments Act of 1985, the Nuclear

Regulatory Commission shall, in consultation with the States and other

interested persons, identify methods for the disposal of low-level

radioactive waste other than shallow land burial, and establish and publish

technical guidance regarding licensing of facilities that use such methods.

(b) Not later than 24 months after the date of enactment of the LowLevel Radioactive Waste Policy Amendments Act of 1985, the

Commission shall, in consultation with the States and other interested

persons, identify and publish all relevant technical information regarding

the methods identified pursuant to subsection (a) that a State or compact

must provide to the Commission in order to pursue such methods,

together with the technical requirements that such facilities must meet, in

the judgment of the Commission, if pursued as an alternative to shallow

land burial. Such technical information and requirements shall include,

but need not be limited to, site suitability, site design, facility operation,

disposal site closure, and environmental monitoring, as necessary to meet

the performance objectives established by the Commission for a licensed

low-level radioactive waste disposal facility. The Commission shall

specify and publish such requirements in a manner and form deemed

appropriate by the Commission.

Sec. 9. Licensing Review And Approval.

In order to ensure the timely development of new low-level

radioactive waste disposal facilities, the Nuclear Regulatory Commission

or, as appropriate, agreement States, shall consider an application for a

disposal facility license in accordance with the laws applicable to such

application, except that the Commission and the agreement state shall-

(1) not later than 12 months after the date of enactment of the

Low-Level Radioactive Waste Policy Amendments Act of 1985,

establish procedures and develop the technical capability for

processing applications for such licenses;

(2) to the extent practicable, complete all activities associated with

the review and processing of any application for such a license (except

for public hearings) no later than 15 months after the date of receipt of

such application; and

(3) to the extent practicable, consolidate all required technical and

environmental reviews and public hearings.

Sec. 10. Radioactive Waste Below Regulatory Concern.

(a) Not later than 6 months after the date of enactment of the LowLevel Radioactive Waste Policy Amendments Act of 1985, the

Commission shall establish standards and procedures, pursuant to existing

authority, and develop the technical capability for considering and acting

upon petitions to exempt specific radioactive waste streams from

regulation by the Commission due to the presence of radionuclides in such

waste streams in sufficiently low concentrations or quantities as to be

below regulatory concern.

(b) The standards and procedures established by the Commission

pursuant to subsection (a) shall set forth all information required to be

submitted to the Commission by licensees in support of such petitions,

including, but not limited to298
Health.

Safety.

Regulation.

(1) a detailed description of the waste materials, including their

origin, chemical composition, physical state, volume, and mass; and

(2) The concentration or contamination levels, half-lives, and

identities of the radionuclides present.

Such standards and procedures shall provide that, upon receipt of a

petition to exempt a specific radioactive waste stream from regulation by

the Commission, the Commission shall determine in an expeditious

manner whether the concentration or quantity of radionuclides present in

such waste stream requires regulation by the Commission in order to

protect the public health and safety. Where the Commission determines

that regulation of a radioactive waste stream is not necessary to protect the

public health and safety, the Commission shall take such steps as may be

necessary, in an expeditious manner, to exempt the disposal of such

radioactive waste from regulation by the Commission.

C. LOW-LEVEL RADIOACTIVE WASTE POLICY

AMENDMENTS ACT OF 1985 (TITLE 1I, INCLUDES: NW,

CENTRAL, SE, CENTRAL MIDWEST, MW, ROCKY MOUNTAIN, NE

INTERSTATE COMPACTS)

Title II-Onmibus Low-Level Radioactive Waste

Interstate Compact Consent Act

42 USC 2021d

note.

42 USC 2021 d

note.

Infra.

42 USC 2021d

note.

Effective date.

42 USC 2021d

note.

Sec. 201. Short Title.

This Title may be cited as the "Omnibus Low-Level Radioactive

Waste Interstate Compact Consent Act."

Subtitle A-General Provisions

Sec. 211. Congressional Finding.

The Congress hereby finds that each of the compacts set forth in

subtitle B is in furtherance of the Low-Level Radioactive Waste Policy

Act.

Sec. 212. Conditions of Consent to Compacts.

The consent of the Congress to each of the compacts set forth in

subtitle B-

(1) shall become effective on the date of the enactment of this Act;

(2) is granted subject to the provisions of the Low-Level

Radioactive Waste Policy Act, as amended; and

(3) is granted only for so long as the regional commission,

committee, or board established in the compact complies with all of

the provisions of such Act.

Sec. 213. Congressional Review.

The Congress may alter, amend, or repeal this Act with respect to any

compact set forth in subtitle B after the expiration of the 10-year period

following the date of the enactment of this Act, and at such intervals

thereafter as may be provided in such compact.

299
42 USC 2021 d

note.

Alaska.

Hawaii.

Idaho.

Montana.

Oregon.

Utah.

Washington.

Wyoming.

Health.

Safety.

Subtitle B-Congressional Consent To Compacts

Sec. 221. Northwest Interstate Compact on Low-level Radioactive

Waste Management.

The Consent of Congress is hereby given to the states of Alaska,

Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming to

enter into the Northwest Interstate Compact on Low-level Radioactive

Waste Management, and to each and every part and article thereof. Such

compact reads substantially as follows:

Northwest Interstate Compact On Low-Level Radioactive

Waste Management

Article I-Policy And Purpose

The party states recognize that low-level radioactive wastes are

generated by essential activities and services that benefit the citizens of

the states. It is further recognized that the protection of the health and

safety of the citizens of the party states and the most economical

management of low-level radioactive wastes can be accomplished through

cooperation of the states in minimizing the amount of handling and

transportation required to dispose of such wastes and through the

cooperation of the states in providing facilities that serve the region. It is

the policy of the party states to undertake the necessary cooperation to

protect the health and safety of the citizens of the party states and to

provide for the most economical management of low-level radioactive

wastes on a continuing basis. It is the purpose of this compact to provide

the means for such a cooperative effort among the party states so that the

protection of the citizens of the states and the maintenance of the viability

of the states' economies will be enhanced while sharing the

responsibilities of radioactive low-level waste management.

Article II-Definitions

As used in this compact:

(1) "Facility" means any site, location, structure, or property used

or to be used for the storage, treatment, or disposal of low-level waste,

excluding federal waste facilities;

(2) "Low-level waste" means waste material which contains

radioactive nuclides emitting primarily beta or gamma radiation, or

both, in concentrations or quantities which exceed applicable federal

or state standards for unrestricted release. Low-level waste does not

include waste containing more than ten (10) nanocuries of transuranic

contaminants per gram of material, nor spent reactor fuel, nor material

classified as either high-level waste or waste which is unsuited for

disposal by near-surface burial under any applicable federal

regulations;

(3) "Generator" means any person, partnership, association,

corporation, or any other entity whatsoever which, as a part of its

activities, produces low-level radioactive waste;

(4) "Host state" means a state in which a facility is located.

300
Transportation.

Transportation.

Regulations.

Article Ill-Regulatory Practices

Each party state hereby agrees to adopt practices which will require

low-level waste shipments originating within its borders and destined for

a facility within another party state to conform to the applicable packaging

and transportation requirements and regulations of the host state. Such

practices shall include:

(1) Maintaining an inventory of all generators within the state that

have shipped or expect to ship low-level waste to facilities in another

party state;

(2) Periodic unannounced inspection of the premises of such

generators and the waste management activities thereon;

(3) Authorization of the containers in which such waste may be

shipped, and a requirement that generators use only that type of

container authorized by the state;

(4) Assurance that inspections of the carriers which transport such

waste are conducted by proper authorities, and appropriate

enforcement action taken for violations;

(5) After receiving notification from a host state that a generator

within the party state is in violation of applicable packaging or

transportation standards, the party state will take appropriate action to

assure that such violations do not recur. Such action may include

inspection of every individual low-level waste shipment by that

generator.

Each party state may impose fees upon generators and shippers to

recover the cost of the inspections and other practices under this article.

Nothing in this article shall be construed to limit any party state's

authority to impose additional or more stringent standards on generators

or carriers than those required under this article.

Article IV-Regional Facilities

(1) Facilities located in any party state, other than facilities established

or maintained by individual low-level waste generators for the

management of their own low-level waste, shall accept low-level waste

generated in any party state if such waste has been packaged and

transported according to applicable laws and regulations.

(2) No facility located in any party state may accept low-level waste

generated outside of the region comprised of the party states, except as

provided in article V.

(3) Until such time as paragraph (2) of article IV takes effect, facilities

located in any party state may accept low-level waste generated outside of

any of the party states only if such waste is accompanied by a certificate

of compliance issued by an official of the state in which such waste

shipment originated. Such certificate shall be in such form as may be

required by the host state, and shall contain at least the following:

(A) The generator's name and address;

(B) A description of the contents of the low-level waste container.

(C) A statement that the low-level waste being shipped has been

inspected by the official who issued the certificate or by his agent or

by a representative of the United States Nuclear Regulatory

Commission, and found to have been packaged in compliance with

applicable Federal regulations and such additional requirements as

may be imposed by the host state;

301
(D) A binding agreement by the state of origin to reimburse any

party state for any liability or expense incurred as a result of an

accidental release of such waste during shipment or after such waste

reaches the facility.

Health. (4) Each party state shall cooperate with the other party states in

Safety. determining the appropriate site of any facility that might be required

within the region comprised of the party states, in order to maximize

public health and safety while minimizing the use of any one (1) party

state as the host of such facilities on a permanent basis. Each party state

further agrees that decisions regarding low-level waste management

facilities in their region will be reached through a good faith process

which takes into account the burdens borne by each of the party states as

well as the benefits each has received.

Hazardous (5) The party states recognize that the issue of hazardous chemical

materials, waste management is similar in many respects to that of low-level waste

Idaho. management. Therefore, in consideration of the State of Washington

Oregon. allowing access to its low-level waste disposal facility by generators in

Prohibition. other party states, party states such as Oregon and Idaho which host

Washington. hazardous chemical waste disposal facilities will allow access to such

facilities by generators within other party states. Nothing in this compact

shall be construed to prevent any party state from limiting the nature and

type of hazardous chemical or low-level wastes to be accepted at facilities

within its borders of from ordering the closure of such facilities, so long

as such action by a host state is applied equally to all generators within the

region comprised of the party states.

(6) Any host state may establish a schedule of fees and requirements

related to its facility, to assure that closure, perpetual care, and

maintenance and contingency requirements are met, including adequate

bonding.

Article V-Northwest Low-Level Waste Compact Committee

The governor of each party state shall designate one (1) official of that

state as the person responsible for administration of this compact. The

officials so designated shall together comprise the northwest low-level

waste compact committee. The committee shall meet as required to

consider matters arising under this compact. The parties shall inform the

Regulations. committee of existing regulations concerning low-level waste

management in their states, and shall afford all parties a reasonable

opportunity to review and comment upon any proposed modification in

such regulations. Notwithstanding any provision of article IV to the

contrary, the committee may enter into arrangements with states,

provinces, individual generators, or regional compact entities outside the

region comprised of the party states for access to facilities on such terms

and conditions as the committee may deem appropriate. However, it shall

require a two-thirds (2/3) vote of all such members, including the

affirmative vote of the member of any party state in which a facility

affected by such arrangement is located, for the committee to enter into

such arrangement.

302
Alaska. Hawaii.

Idaho. Montana.

Oregon. Utah.

Washington.

Effective date.

Wyoming.

42 USC 2021 b

note.

Effective date.

Provisions held

invalid.

42 USC 2021d

note.

Arkansas.

Iowa. Kansas.

Louisiana.

Minnesota.

Missouri.

Nebraska.

North Dakota.

Oklahoma.

42 USC 2021b

note.

Environmental

protection.

Health.

Safety.

Article VI-Eligible Parties And Effective Date

(1) Each of the following states is eligible to become a party to this

compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington,

and Wyoming. As to any eligible party, this compact shall become

effective upon enactment into law by that party, but it shall not become

initially effective until enacted into law by two (2) states. Any party state

may withdraw from this compact by enacting a statute repealing its

approval.

(2) After the compact has initially taken effect pursuant to paragraph

(1) of this article, any eligible party state may become a party to this

compact by the execution of an executive order by the governor of the

state. Any state which becomes a party in this manner shall cease to be a

party upon the final adjournment of the next general or regular session of

its legislature or July 1, 1983, whichever occurs first, unless the compact

has by then been enacted as a statute by that state.

(3) Paragraph (2) of article IV of this compact shall take effect on July

1, 1983, if consent is given by Congress. As provided in Public Law 96-

573, Congress may withdraw its consent to the compact after every five

(5) year period.

Article VII-Severability

If any provision of this compact, or its application to any person or

circumstances, is held to be invalid, all other provisions of this compact,

and the application of all of its provisions to all other persons and

circumstances, shall remain valid; and to this end the provisions of this

compact are severable.

Sec. 222. Central Interstate Low-level Radioactive Waste Compact.

The consent of Congress is hereby given to the states of Arkansas,

Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota,

and Oklahoma to enter into the Central Interstate Low-Level Radioactive

Waste Compact, and to each and every part and article thereof. Such

compact reads substantially as follows:

Central Interstate Low-Level Radioactive Waste Compact

Article I-Policy And Purpose

The party states recognize that each state is responsible for the

management of its non-federal low-level radioactive wastes. They also

recognize that the Congress, by enacting the Low-Level Radioactive

Waste Policy Act (Public Law 96-573) has authorized and encouraged

states to enter into compacts for the efficient management of wastes. It is

the policy of the party states to cooperate in the protection of the health,

safety and welfare of their citizens and the environment and to provide for

and encourage the economical management of low-level radioactive

wastes. It is the purpose of this compact to provide the framework for

such a cooperative effort; to promote the health, safety and welfare of the

citizens and the environment of the region; to limit the number of

facilities needed to effectively and efficiently manage low-level

radioactive wastes and to encourage the reduction of the generation

303
thereof; and to distribute the costs, benefits and obligations among the

party states.

Article 11-Definitions

As used in this compact, unless the context clearly requires a different

construction:

a. "Commission" means the Central Interstate Low-Level Radioactive

Waste Commission;

b. "disposal" means the isolation and final disposition of waste;

c. "extended care" means the care of a regional facility including

necessary corrective measures subsequent to its active use for waste

management until such time as the regional facility no longer poses a

threat to the environment or public health;

d. "facility" means any site, location, structure or property used or to

be used for the management of waste;

e. "generator" means any person who, in the course of or as incident to

manufacturing, power generation, processing, medical diagnosis and

treatment, biomedical research, other industrial or commercial activity,

other research or mining in a party state, produces or processes waste.

"Generator" does not include any person who receives waste generated

outside the region for subsequent shipment to a regional facility;

f. "host state" means any party state in which a regional facility is

situated or is being developed;

g. "low-level radioactive waste" or "waste" means, as defined in the

42 USC 2021 b Low-Level Radioactive Waste Policy Act (Public Law 96-573),

note, radioactive waste not classified as: High-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in section 11 e.(2) of the Atomic Energy Act of 1954, as amended through

42 USC 2014. 1978.

h. "management of waste" means the storage, treatment or disposal of

waste;

i. "notification of each party state" means transmittal of written notice

to the Governor, presiding officer of each legislative body and any other

persons designated by the party state's Commission member to receive

such notice;

j. "party state" means any state which is a signatory party to this

compact;

k. "person" means any individual, corporation, business enterprise, or

other legal entity, either public or private;

1. "region" means the area of the party states;

m. "regional facility" means a facility which is located within the

region and which has been approved by the Commission for the benefit of

the party States;

n. "site" means any property which is owned or leased by a generator

and is contiguous to or divided only by a public or private way from the

source of generation;

o. "state" means a state of the United States, the District of Columbia,

the Commonwealth of Puerto Rico, the U.S. Virgin Islands or any other

territorial possession of the United States;

p. "storage" means the holding of waste for treatment or disposal; and

q. "treatment" means any method, technique or process, including

storage for radioactive decay, designed to change the physical, chemical

304
Regulation.

Regulation.

Transportation.

Exports.

or biological characteristics or composition of any waste in order to render

such waste after for transport or management, amendable for recovery,

convertible to another usable material, or reduced in volume.

Article III-Rights And Obligations

a. There shall be provided within the region one or more regional

facilities which together provide sufficient capacity to manage all wastes

generated within the region. It shall be the duty of regional facilities to

accept compatible wastes generated in and from party states, and meeting

the requirements of this Act, and each party state shall have the right to

have the wastes generated within its borders managed at such facility.

b. To the extent authorized by Federal law and host State law, a host

state shall regulate and license any regional facility within its borders and

ensure the extended care of such facility.

c. Rates shall be charged to any user of the regional facility, set by the

operator of a regional facility and shall be fair and reasonable and be

subject to the approval of the host state. Such approval shall be based

upon criteria established by the Commission.

d. A host state may establish fees which shall be charged to any user

of a regional facility and which shall be in addition to the rates approved

pursuant to section c. of this Article, for any regional facility within its

borders. Such fees shall be reasonable and shall provide the host state

with sufficient revenue to cover any costs associated with such facilities.

If such fees have been reviewed and approved by the Commission and to

the extent that such revenue is insufficient, all party states shall share the

costs in a manner to be determined by the Commission.

e. To the extent authorized by Federal law, each party state is

responsible for enforcing any applicable Federal and state laws and

regulations pertaining to the packaging and transportation of waste

generated within or passing through its borders and shall adopt practices

that will ensure that waste shipments originating within its borders and

destined for a regional facility will conform to applicable packaging and

transportation laws and regulations.

f. Each party state has the right to rely on the good faith performance

of each other party state.

g. Unless authorized by the Commission, it shall be unlawful after

January 1, 1986, for any person:

1. to deposit at a regional facility, waste not generated within

the region;

2. to accept, at a regional facility, waste not generated within

the region;

3. to export from the region, waste which is generated within

the region; and

4. to transport waste from the site at which it is generated,

except to a regional facility.

305
Central

Interstate LowLevel

Radioactive

Waste

Commission,

establishment.

Contracts.

Article IV-The Commission

a. There is hereby established the Central Interstate Low-Level

Radioactive Waste Commission. The Commission shall consist of one

voting member from each party state to be appointed according to the

laws of each state. The appointing authority of each party state shall notify

the Commission in writing of the identity of its member and any

alternates. An alternate may act on behalf of the member only in the

absence of such member. Each state is responsible for the expenses of its

member of the Commission.

b. Each Commission member shall be entitled to one vote. Unless

otherwise provided herein, no action of the Commission shall be bonding

unless a majority of the total membership casts its vote in the affirmative.

c. The Commission shall elect from among its membership a

chairman. The Commission shall adopt and publish, in convenient form,

by-laws and policies which are not inconsistent with this compact.

d. The Commission shall meet at least once a year and shall also meet

upon the call of the chairman, by petition of a majority of the membership

or upon the call of a host state member.

e. The Commission may initiate any proceedings or appear as an

intervenor or party in interest before any court of law, or any Federal,

state or local agency, board or Commission that has jurisdiction over any

matter arising under or relating to the terms of the provisions of this

compact. The Commission shall determine in which proceedings it shall

intervene or otherwise appear and may arrange for such expert testimony,

reports, evidence or other participation in such proceedings as may be

necessary to represent its views.

f. The Commission may establish such committees as it deems

necessary for the purpose of advising the Commission on any and all

matters pertaining to the management of waste.

g. The Commission may employ and compensate a staff limited only

to those persons necessary to carry out its duties and functions. The

Commission may also contract with and designate any person to perform

necessary functions to assist the Commission. Unless otherwise required

by the acceptance of a Federal grant, the staff shall serve at the

Commission's pleasure irrespective of the civil service, personnel or other

merit laws of any of the party states or the Federal government and shall

be compensated from funds of the Commission.

h. Funding for the Commission shall be as follows:

1. The Commission shall set and approve its first annual budget as

soon as practicable after its initial meeting. Party states shall equally

contribute to the Commission budget on an annual basis, an amount

not to exceed $25,000 until surcharges are available for that purpose.

Host states shall begin imposition of the surcharges provided for in

this section as soon as practicable and shall remit to the Commission

funds resulting from collection of such surcharges within 60 days of

their receipt; and

2. Each state hosting a regional facility shall annually levy

surcharges on all users of such facilities, based on the volume and

characteristics of wastes received at such facilities, the total of which:

(A) Shall be sufficient to cover the annual budget of the

Commission; and

306
(B) shall be paid to the Commission, provided, however, that

each host state collecting such surcharges may retain a portion of

the collection sufficient to cover the administrative costs of

collection, and that the remainder be sufficient only to cover the

approved annual budget of the Commission.

Audit. i. The Commission shall keep accurate accounts of all receipts and

Report. disbursements. An independent certified public account shall annually

audit all receipts and disbursements of Commission funds and submit

an audit report to the Commission. Such audit report shall be made a

Grants. part of the annual report of the Commission required by this Article.

j. The Commission may accept for any of its purposes and

functions any and all donations, grants of money, equipment, supplies,

materials and services, conditional or otherwise from any person and may

Reports. receive, utilize and dispose of same, attendant upon any donation or grant

accepted pursuant to this section, together with the identity of the donor,

grantor or lender, shall be detailed in the annual report of the

Commission.

Prohibition. k. (1) Except as otherwise provided herein, nothing in this

compact shall be construed to alter the incidence of liability of any

kind for any act, omission, course of conduct, or on account of any

casual or other relationships. Generators, transporters of waste,

owners and operators of facilities shall be liable for their acts,

omissions, conduct or relationships in accordance with all laws

relating thereto.

Prohibitions. (2) The Commission herein established is a legal entity separate

and distinct from the party states and shall be so liable for its actions.

Liabilities of the Commission shall not be deemed liabilities of the

party states. Members of the Commission shall not be personally

liable for actions taken by them in their official capacity.

1. Any person or party state aggrieved by a final decision of the

Commission may obtain judicial review of such decisions in the

United States District Court in the District wherein the Commission

maintains its headquarters by filing in such court a petition for review

within 60 days after the Commission's final decision. Proceedings

thereafter shall be in accordance with the rules of procedure applicable

in such court.

m. The Commission shall:

1. Receive and approve the application of a non-party state to

become a party state in accordance with Article VII;

Report. 2. submit an annual report, and otherwise communicate with, the

Governors and the presiding officers of the legislative bodies of the

party states regarding the activities of the Commission;

3. hear and negotiate disputes which may arise between the party

states regarding this compact;

4. require of and obtain from the party states, and non-party states

seeking to become party states, data and information necessary to the

implementation of Commission and party states' responsibilities;

5. approve the development and operation of regional facilities in

accordance with Article V;

Contracts. 6. notwithstanding any other provision of this compact, have the

Exports. authority to enter into agreements with any person for the importation

Imports. of waste into the region and for the right of access to facilities outside

307
the region for waste generated within the region. Such authorization

to import or export waste requires the approval of the Commission,

including the affirmative vote of any host state which may be affected;

7. revoke the membership of a party state in accordance with

Articles V and VII;

8. require all party states and other persons to perform their duties

and obligations arising under this compact by an appropriate action in

any forum designated in section e. of Article IV; and

9. take such action as may be necessary to perform its duties and

functions as provided in this compact.

Article V-Development And Operation Of

Regional Facilities

a. Following the collection of sufficient data and information from the

states, the Commission shall allow each party state the opportunity to

volunteer as a host for a regional facility.

b. If no state volunteers or if no proposal identified by a volunteer

state is deemed acceptable by the Commission, based on the criteria in

section c. of this Article, then the Commission shall publicly seek

applicants for the development and operation of regional facilities.

c. The Commission shall review and consider each applicant's

proposal based upon the following criteria:

1. The capability of the applicant to obtain a license from the

applicable authority;

2. the economic efficiency of each proposed regional facility,

including the total estimated disposal and treatment costs per cubic

foot of waste;

3. financial assurances;

4. accessibility to all party states; and

Health. 5. such other criteria as shall be determined by the Commission to

Safety. be necessary for the selection of the best proposal, based on the health,

safety and welfare of the citizens in the region and the party states.

d. The Commission shall make a preliminary selection of the proposal

or proposals considered most likely to meet the criteria enumerated in

section c. and the needs of the region.

e. Following notification of each party state of the results of the

preliminary selection process, the Commission shall:

1. Authorize any person whose proposal has been selected to

pursue licensure of the regional facility or facilities in accordance with

the proposal originally submitted to the Commission or as modified

with the approval of the Commission; and

2. require the appropriate state or states or the U.S. Nuclear

Regulatory Commission to process all applications for permits and

licenses required for the development and operation of any regional

facility or facilities within a reasonable period from the time that a

completed application is submitted.

f. The preliminary selection or selections made by the Commission

pursuant to this Article shall become final and receive the Commission's

approval as a regional facility upon the issuance of license by the

licensing authority. If a proposed regional facility fails to become

licensed, the Commission shall make another selection pursuant to the

procedures identified in this Article.

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g. The Commission may, by two-thirds affirmative vote of its

membership, revoke the membership of any party state which, after notice

and hearing, shall be found to have arbitrarily or capriciously denied or

delayed the issuance of a license or permit to any person authorized by the

Commission to apply for such license or permit. Revocation shall be in

the same manner as provided for in section e. of Article VII.

Article VI-Other Laws And Regulations

Prohibition. a. Nothing in this compact shall be construed to:

1. Abrogate or limit the applicability of any act of Congress or

diminish or otherwise impair the jurisdiction of any Federal agency

expressly conferred thereon by the Congress;

2. prevent the application of any law which is not otherwise

inconsistent with this compact;

3. prohibit or otherwise restrict the management and waste on the

site where it is generated if such is otherwise lawful;

4. affect any judicial or administrative proceeding pending on the

effective date of this compact;

5. alter the relations between, and the respective internal

responsibilities of, the government of a party state and its

subdivisions; and

Research and 6. affect the generation or management of waste generated by the

development. Federal government or federal research and development activities.

Prohibition. b. No party state shall pass or enforce any law or regulation which is

inconsistent with this compact.

Regulations. c. All laws and regulations or parts thereof of any party state which

are inconsistent with this compact are hereby declared null and void for

purposes of this compact. Any legal right, obligation, violation or penalty

arising under such laws or regulations prior to enactment of this compact

shall not be affected.

Prohibition. d. No law or regulation of a party state or of any subdivision or

Regulations. instrumentality thereof may be applied so as to restrict or make more

costly or inconvenient access to any regional facility by the generators of

another party state than for the generators of the state where the facility is

situated.

Arkansas.

Iowa.

Kansas.

Louisiana.

Minnesota.

Missouri.

Nebraska.

North Dakota.

Oklahoma.

Prohibition.

Effective date.

Prohibition.

Article VII-Eligible Parties, Withdrawal, Revocation, Entry Into

Force, Termination

a. This compact shall have as initially eligible parties the states of

Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska,

North Dakota and Oklahoma. Such initial eligibility shall terminate on

January 1, 1984.

b. Any state may petition the Commission for eligibility. A

petitioning state shall become eligible for membership in the compact

upon the unanimous approval of the Commission.

c. An eligible state shall become a member of the compact and shall

be bound by it after such state has enacted the compact into law. In no

event shall the compact take effect in any state until it has been entered

into force as provided for in section f. of this Article. . d. Any party state may withdraw from this compact by enacting a

statute repeating the same. Unless permitted earlier by unanimous

approval of the Commission, such withdrawal shall take effect five-years

309
after the Governor of the withdrawing state has given notice in writing of

such withdrawal to each Governor of the party states. No withdrawal

shall affect any liability already incurred by or chargeable to a party state

prior to the time of such withdrawal.

e. Any party state which fails to comply with the terms of this

compact or fulfill its obligations hereunder may, after notice and hearing

have its privileges suspended or its membership in the compact revoked

Effective date. by the Commission. Revocation shall take effect one year from the date

such party state receives written notice from the Commission of its action.

The Commission may require such party state to pay to the Commission,

for a period not to exceed five years from the date of notice of revocation,

an amount determined by the Commission based on the anticipated fees

which the generators of such party state would have paid to each regional

facility and an amount equal to that which such party state would have

contributed in accordance with section d. of Article III, in the event of

insufficient revenues. The Commission shall use such funds to ensure the

continued availability of safe and economical waste management facilities

for all remaining party states. Such state shall also pay an amount equal

to that which such party state would have contributed to the annual budget

of the Commission if such party state would have remained a member of

the compact. All legal rights established under this compact of any party

state which has its membership revoked shall cease upon the effective

date of revocation; however, any legal obligations of such party state

arising prior to the effective date of revocation shall not cease until they

have been fulfilled. Written notice of revocation of any state's

membership in the company shall be transmitted immediately following

the vote of the Commission, by the chairman, to the Governor of the

affected party state, all other Governors of the party states and the

Congress of the United States.

f. This compact shall become effective after enactment by a least

three eligible states and after consent has been given to it by the Congress.

The Congress shall have the opportunity to withdraw such consent every

five-years. Failure of the Congress to withdraw its consent affirmatively

shall have the effect of renewing consent for an additional five-year

period. The consent given to this compact by the Congress shall extend to

any future admittance of new party states under sections b. and c. of this

Article and to the power to ban the exportation of waste pursuant to

Article III.

Prohibition. g. The withdrawal of a party state from this compact under section d.

of this Article or the revocation of a state's membership in this compact

under section 3. of this Article shall not affect the applicability of this

compact to the remaining party states.

Termination. h. This compact shall be terminated when all party states have

withdrawn pursuant to section d. of this Article.

Article VIII-Penalties

a. Each party state, consistent with its own law, shall prescribe and

enforce penalties against any person for violation of any provision of this

compact.

Regulations. b. Each party state acknowledges that the receipt by a regional facility

of waste packaged or transported in violation of applicable laws and

310
regulations can result in sanctions which may include suspension or

revocation of the violator's right of access to the regional facility.

Article IX-Severability And Construction

The provisions of this compact shall be severable and if any phrase,

clause, sentence or provision of this compact is declared by a court of

competent jurisdiction to be contrary to the Constitution of any

participating state or of the United States or the applicability thereof to

any government, agency, person or circumstances is held invalid, the

validity of the remainder of this compact and the applicability thereof to

any government, agency, person or circumstance shall not be affected

thereby. If any provision of this compact shall be held contrary to the

Constitution of any state participating therein, the compact shall remain in

full force and effect as to the state affected as to all severable matters. The

provisions of this compact shall be liberally construed to give effect to the

purpose thereof.

Sec. 223. Southeast Interstate Low-level Radioactive Waste

Management Compact.

In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act (42 USC 202 ld(a)(2), the consent of the Congress is

hereby given to the States of Alabama, Florida, Georgia, Mississippi,

North Carolina, South Carolina, Tennessee, and Virginia to enter into the

Southeast Interstate Low-Level Radioactive Waste Management

Compact. Such compact is substantially as follows:

Southeast Interstate Low-Level Radioactive Waste

Management Compact

42 USC 2021d

note. Alabama.

Florida.

Georgia.

Mississippi.

North Carolina.

South Carolina.

Tennessee.

Virginia.

Article I-Policy And Purpose

Research and There is hereby created the Southeast Interstate Low-Level

development. Radioactive Waste Management Compact. The party states recognize and

declare that each state is responsible for providing for the availability of

capacity either within or outside the State for disposal of low-level

radioactive waste generated within its borders, except for waste generated

as a result of defense activities of the federal government or federal

research and development activities. They also recognize that the

management of low-level radioactive waste is handled most efficiently on

a regional basis. The party states further recognize that the Congress of

42 USC 2021b the United States, by enacting the Low-Level Radioactive Waste Policy

note. Act (Public Law 96-573), has provided for encouraged the development

of low level radioactive waste compacts as a tool for disposal of such

waste. The party states recognize that the safe and efficient management

of low-level radioactive waste generated within the region requires that

sufficient capacity to dispose of such waste be properly provided.

It is the policy of the party states to: enter into a regional low-level

radioactive waste management compact for the purpose of providing the

instrument and framework for a cooperative effort; provide sufficient

facilities for the proper management of low-level radioactive waste

generated in the region; promote the health and safety of the region; limit

the number of facilities required to effectively and efficiently manage

low-level radioactive waste generated in the region; encourage the

311
reduction of the amounts of low-level waste generated in the region;

distribute the costs, benefits, and obligations of successful low-level

radioactive waste management equitably among the party states; and

ensure the ecological and economical management of low-level

radioactive wastes.

Regulations. Implicit in the Congressional consent to this compact is the

expectation by Congress and the party states that the appropriate federal

agencies will actively assist the Compact Commission and the individual

party states to this compact by:

1. expeditious enforcement of federal rules, regulations, and laws;

2. imposing sanctions against those found to be in violation of

federal rules, regulations, and laws;

3. timely inspection of their licensees to determine their

capability to adhere to such rules, regulations, and laws;

42 USC 2021b 4. timely provision of technical assistance to this compact in

note. carrying out their obligations under the Low-Level Radioactive

Waste Policy Act, as amended.

Article Il-Definitions

As used in this compact, unless the context clearly requires a different

construction:

1. "Commission" or "Compact Commission" means the Southeast

Interstate Low-Level Radioactive Waste Management Commission.

2. "Facility" means a parcel of land, together with the structure,

equipment, and improvements thereon or appurtenant thereto, which is

used or is being developed for the treatment, storage, or disposal of

low-level radioactive waste.

3. "Generator" means any person who produces or processes lowlevel radioactive waste in the course of, or as an incident to,

manufacturing, power generation, processing, medical diagnosis and

treatment, research, or other industrial or commercial activity. This

does not include persons who provide a service to generators by

arranging for the collection, transportation, storage, or disposal of

wastes with respect to such waste generated outside the region.

4. "High-level waste" means irradiated reactor fuel, liquid wastes

from reprocessing irradiated reactor fuel, and solids into which such

liquid wastes have been converted, and other high-level radioactive

waste as defined by the U.S. Nuclear Regulatory Commission.

5. "Host state" means any state in which a regional facility is

situated or is being developed.

6. "Low-level radioactive waste" or "waste" means radioactive

waste not classified as high-level radioactive waste, transuranic waste,

spent nuclear fuel, or by-product material as defined in section 11 e(2)

of the Atomic Energy Act of 1954, or as may be further defined by

Federal law or regulation.

7. "Party state" means any state which is a signatory party to this

compact.

8. "Person" means any individual, corporation, business

enterprise, or other legal entity (either public or private).

9. "Region ' means the collective party states.

10. 'Regional facility" means (1) a facility as defined in this article

which has been designated, authorized, accepted, or approved by the

312

42 USC 2014.
42 USC 2021.

Prohibition.

Regulations.

Transportation.

Commission to receive waste or (2) the disposal facility in Barnwell

County, South Carolina, owned by the State of South Carolina and as

licensed for the burial of low-level radioactive waste on July 1, 1982,

but in no event shall this disposal facility serve as a regional facility

beyond December 31, 1992.

11. "State" means a state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or

any other territorial possession of the United States.

12. "Transuranic wastes" means waste material containing

transuranic elements with contamination levels as determined by the

regulations of (1) the U.S. Nuclear Regulatory Commission or (2) any

host state, if it is an agreement state under section 274 of the Atomic

Energy Act of 1954.

13. "Waste management" means the storage, treatment, or disposal

of waste.

Article III-Rights And Obligations

The rights granted to the party states by this compact are additional to.

the rights enjoyed by sovereign states, and nothing in this compact shall

be construed to infringe upon, limit, or abridge those rights.

(A) Subject to any license issued by the U.S. Nuclear Regulatory

Commission or a host state, each party state shall have the right to

have all wastes generated within its borders stored, treated, or disposed

of, as applicable, at regional facilities and, additionally, shall have the

right of access to facilities made available to the region through

agreements entered into by the Commission pursuant to Article

4(e)(9). The right of access by a generator within a party state to any

regional facility is limited by its adherence to applicable state and

federal law and regulation.

(B) If no operating regional facility is located within the borders of

a party state and the waste generated within its borders must therefore

be stored, treated, or disposed of at a regional facility in another party

state, the party state without such facilities may be required by the host

state or states to establish a mechanism which provides compensation

for access to the regional facility according to terms and conditions

established by the host state or states and approved by a two-thirds

vote of the Commission.

(C) Each party state must establish the capability to regulate,

license, and ensure the maintenance and extended care of any facility

within its borders. Host states are responsible for the availability, the

subsequent post-closure observation and maintenance, and the

extended institutional control of their regional facilities in accordance

with the provisions of Article 5, section (b).

(D) Each party state must establish the capability to enforce any

applicable federal or state laws and regulations pertaining to the

packaging and transportation of waste generated within or passing

through its borders.

(E) Each party state must provide to the Commission on an annual

basis any data and information necessary to the implementation of the

Commission's responsibilities. Each party state shall establish the

capability to obtain any data and information necessary to meet its

obligation.

313
Southeast

Interstate LowLevel

Radioactive

Waste

Management

Commission,

establishment.

Report.

Health.

Safety.

(F) Each party state must, to the extent authorized by federal law,

require generators within its borders to use the best available waste

management technologies and practices to minimize the volumes of

waste requiring disposal.

Article IV-The Commission

(A) There is hereby created the Southeast Interstate Low-Level

Radioactive Waste Management Commission ("Commission" or

"Compact Commission"). The Commission shall consist of two voting

members from each party state to be appointed according to the laws of

each state. The appointing authorities of each state must notify the

Commission in writing of the identity of its members and any alternates.

An alternate may act on behalf of the member only in the member's

absence.

(B) Each commission member is entitled to one vote. No action of

the Commission shall be binding unless a majority of the total

membership

cast their vote in the affirmative, or unless a greater than majority vote is

specifically required by any other provision of this compact.

(C) The Commission must elect from among its members a presiding

officer. The Commission shall adopt and publish, in convenient form,

bylaws which are consistent with this compact.

(D) The Commission must meet at least once a year and also meet

upon the call of the presiding officer, by petition of a majority of the party

states, or upon the call of a host state. All meetings of the Commission

must be open to the public.

(E) The Commission has the following duties and powers:

I. To receive and approve the application of a nonparty state to

become an eligible state in accordance with the provisions of Article

7(b).

2. To receive and approve the application of a nonparty state to

become an eligible state in accordance with the provisions of Article

7(c).

3, To submit an annual report and other communications to the

Governors and to the presiding officer of each body of the legislature

of the party states regarding the activities of the Commission.

4. To develop and use procedures for determining, consistent with

consideration for public health and safety, the type and number of

regional facilities which are presently necessary and which are

projected to be necessary to manage waste generated within the

region.

5. To provide the party states with reference guidelines for

establishing the criteria and procedures for evaluating alternative

locations for emergency or permanent regional facilities.

6. To develop and adopt, within one year after the Commission is

constituted as provided in Article 7(d) procedures and criteria for

identifying a party state as a host state for a regional facility as

determined pursuant to the requirements of this article. In accordance

with these procedures and criteria, the Commission shall identify a

host state for the development of a second regional disposal facility

within three years after the Commission is constituted as provided for

in Article 7(d), and shall seek to ensure that such facility is licensed

314
Environmental

protection.

Health.

Safety.

Transportation.

Reports.

Studies.

Prohibition.

Contracts.

Imports.

and ready to operate as soon as required but in no event later than

1991.

In developing criteria, the Commission must consider the following;

the health, safety, and welfare of the citizens of the party states; the

existence of regional facilities within each party state; the minimization of

waste transportation; the volumes and types of wastes generated within

each party state; and the environmental, economic, and ecological impacts

on the air, land, and water resources of the party states.

The Commission shall conduct such hearings, require such reports,

studies, evidence, and testimony, and do what is required by its approved

procedures in order to identify a party state as a host state for a needed

facility.

7. In accordance with the procedures and criteria developed

pursuant to section (e)(6) of this Article, to designate, by a two-thirds

vote, a host state for the establishment of a needed regional facility.

The Commission shall not exercise this authority unless the party

states have failed to voluntarily pursue the development of such

facility. The Commission shall have the authority to revoke the

membership of a party state that willfully creates barriers to the siting

of a needed regional facility.

8. To require of and obtain from party states, eligible states

seeking to become party states, and nonparty states seeking to become

eligible states, data and information necessary to the implementation

of Commission responsibilities.

9. Notwithstanding any other provision of this compact, to enter

into agreements with any person, state, or similar regional body or

group of states for the importation of waste into the region and for the

right of access to facilities outside the region for waste generated

within the region. The authorization to import requires a two-thirds

majority vote of the Commission, including an affirmative vote of

both representatives of a host state in which any affected regional

facility is located. This shall be done only after an assessment of the

affected facility's capability to handle such wastes.

10. To act or appear on behalf of any party state or states, only

upon written request of both members of the Commission for such

state or states as an intervenor or party in interest before Congress,

state legislatures, any court of law, or any federal, state, or local

agency, board, or commission which has jurisdiction over the

management of wastes. The authority to act, intervene, or otherwise

appear shall be exercised by the Commission, only after approval by a

majority vote of the Commission.

11. To revoke the membership of a party state in accordance with

Article 7(f).

F. The Commission may establish any advisory committees as it

deems necessary for the purpose of advising the Commission on any

matters pertaining to the management of low-level radioactive waste.

G. The Commission may appoint or contract for and compensate such

limited staff necessary to carry out its duties and functions. The staff shall

serve at the commission's pleasure irrespective of the civil service,

personnel, or other merit laws of any of the party states or the federal

government and shall be compensated from funds of the Commission. In

selecting any staff, the Commission shall assure that the staff has adequate

315
experience and formal training to carry out such functions as may be

assigned to it by the Commission. If the Commission has a headquarters

it shall be in a party state.

H. Funding for the Commission must be provided as follows:

1. Each eligible state, upon becoming a party state, shall pay

twenty-five thousand dollars to the Commission which shall be used

for costs of the Commission's services.

2. Each state hosting a regional disposal facility shall annually

levy special fees or surcharges on all users of such facility, based upon

the volume of wastes disposed of at such facilities, the total of which:

a. must be sufficient to cover the annual budget of the Commission;

b. must represent the financial commitments of all party states to the

Commission;

c. must be paid to the Commission;

Provided, however, That each host state collecting such fees or

surcharges may retain a portion of the collection sufficient to cover its

administrative costs of collection and that the remainder be sufficient only

to cover the approved annual budgets of the Commission.

3. The Commission must set and approve its first annual budget as

soon as practicable after its initial meeting. Host states for disposal

facilities must begin imposition of the special fees and surcharges

provided for in this section as soon as practicable after becoming party

states and must remit to the Commission funds resulting from

collection of such special fees and surcharges within sixty days of

their receipt.

Audit report. I. The Commission must keep accurate accounts of all receipts and

disbursements. An independent certified public accountant shall annually

audit all receipts and disbursements of Commission funds and submit an

audit report to the Commission. The audit report shall be made a part of

the annual report of the Commission required by Article 4(e)(3).

Grants. J. The Commission may accept for any of its purposes and functions

any and all donations, grants of money, equipment, supplies, materials,

and services (conditional or otherwise) from any state, or the United

States, or any subdivision or agency thereof, or interstate agency, or from

Report. any institution, person, firm, or corporation, and may receive, utilize, and

dispose of the same. The nature, amount, and condition, if any, attendant

upon any donation or grant accepted pursuant to this section, together

with the identity of the donor, grantor, or lender shall be detailed in the

annual report to the Commission.

K. The Commission is not responsible for any costs associated with:

(1) the creation of any facility,

(2) the operation of any facility,

(3) the stabilization and closure of any facility,

(4) the post-closure observation and maintenance of any facility, or

(5) the extended institutional control, after post-closure observation

and maintenance of any facility.

L. As of January 1, 1986, the management of wastes at regional

facilities is restricted to wastes generated within the region, and to wastes

generated within nonparty states when authorized by the Coin mission

pursuant to the provisions of this compact. After January 1, 1986, the

Commission may prohibit the exportation of waste from the region for the

purposes of management.

316
Exports. M. 1. The Commission herein established is a legal entity separate

Prohibition. and distinct from the party states capable of acting in its own behalf and is

liable for its actions. Liabilities of the Commission shall not be deemed

liabilities of the party states. Members of the Commission shall not

personally be liable for action taken by them in their official capacity. Prohibition. 2. Except as specifically provided in this compact, nothing in this

compact shall be construed to alter the incidence of liability of any kind

for any act, omission, course of conduct, or on account of any casual or

other relationships. Generators and transporters of wastes and owners and

operators of sites shall be liable for their acts, omissions, conduct, or

relationships in accordance with all laws relating thereto.

Article V-Development And Operation Of

Facilities

A. Any party state which becomes a host state in which a regional

facility is operated shall not be designated by the Compact Commission as

a host state for an additional regional facility until each party state has

fulfilled its obligation, as determined by the Commission, to have a

regional facility operated within its borders.

Health. B. A host state desiring to close a regional facility located within its

Safety. borders may do so only after notifying the Commission in writing of its

intention to do so and the reasons therefor. Such notification shall be

given to the Commission at least four years prior to the intended date of

closure

Notwithstanding the four-year notice requirement herein provided, a host

state is not prevented from closing its facility or establishing conditions of

its use and operations as necessary for the protection of the health and

safety of its citizens. A host state may terminate or limit access to its

regional facility if it determines that Congress has materially altered the

conditions of this compact.

C. Each party state designated as a host state for a regional facility

shall take appropriate steps to ensure that an application for a license to

construct and operate a facility of the designated type is filed with and

issued by the appropriate authority.

Prohibition. D. No party state shall have any form of arbitrary prohibition on the

treatment, storage, or disposal of low-level radioactive waste within its

borders.

E. No party state shall be required to operate a regional facility for

longer than a 20-year period, or to dispose of more than 32 000,000 cubic

feet of low-level radioactive waste, whichever first occurs.

Article VI-Other Laws And Regulations

Prohibition. A. Nothing in this compact shall be construed to:

(1) Abrogate or limit the applicability of any act of Congress or

diminish or otherwise impair the jurisdiction of any federal agency

expressly conferred thereon by the Congress.

42 USC 2021. (2) Abrogate or limit the regulatory responsibility and authority of

the U.S. Nuclear Regulatory Commission or of an agreement state

4

Public Law 101-171 (103 Stat. 1289), November 22, 1989 added new section E.

317
Prohibition.

42 USC 2021b

note.

Research and

development.

Prohibition.

Regulation.

Prohibition.

Regulation.

Alabama.

Florida.

Georgia.

Mississippi.

North Carolina.

South Carolina.

Tennessee.

Virginia.

under section 274 of the Atomic Energy Act of 1954 in which a

regional facility is located.

(3) Make inapplicable to any person or circumstance any other law

of a party state which is not inconsistent with this compact.

(4) Make unlawful the continued development and operation of

any facility already licensed for development or operation on the date

this compact becomes effective, except that any such facility shall

comply with Article 3, Article 4, and Article 5 and shall be subject to

any action lawfully taken pursuant thereto.

(5) Prohibit any storage or treatment of waste by the generator on

its own premises.

(6) Affect any judicial or administrative proceeding pending on the

effective date of this compact.

(7) Alter the relations between, and the respective internal

responsibilities of, the government of a party state and its subdivisions.

(8) Affect the generation, treatment, storage, or disposal of waste

generated by the atomic energy defense activities of the Secretary of

the United States Department of Energy or federal research and

development activities as defined in Public Law 96-573.

(9) Affect the rights and powers of any party state and its political

subdivisions to regulate and license any facility within its borders or to

affect the rights and powers of any party state and its political

subdivisions to tax or impose fees on the waste managed at any facility

within its borders.

B. No party shall pass any law or adopt any regulation which is

inconsistent with this compact. To do so may jeopardize the membership

status of the party state.

C. Upon formation of the compact no law or regulation of a party

state or of any subdivision or instrumentality thereof may be applied so as

to restrict or make more inconvenient access to any regional facility by the

generators of another party state than for the generators of the state where

the facility is situated.

D. Restrictions of waste management of regional facilities pursuant to

Article 4 shall be enforceable as a matter of state law.

Article Vil-Eligible Parties; Withdrawal; Revocation; Entry Into

Force; Termination

A. This compact shall have as initially eligible parties the States of

Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina,

Tennessee, and Virginia.

B. Any state not expressly declared eligible to become a party state to

this compact in section (A) of this Article may petition the Commission,

once constituted, to be declared eligible. The Commission may establish

such conditions as it deems necessary and appropriate to be met by a state

wishing to become eligible to become a party state to this compact

pursuant to such provisions of this section. Upon satisfactorily meeting

the conditions and upon the affirmative vote of two-thirds of the

Commission, including the affirmative vote of both representatives of a

host state in which any affected regional facility is located, the petitioning

state shall be eligible to become a party state to this compact and may

become a party state in the manner as those states declared eligible in

section (a) of this Article.

318
Effective date.

Prohibition.

C. Each state eligible to become a party state to this compact shall be

declared a party state upon enactment of this compact into law by the state

and upon payment of the fees required by Article 4(H)(1). The

Commission is the judge of the qualifications of the party states and of its

members and of their compliance with the conditions and requirements of

this compact and the laws of the party states relating to the enactment of

this compact.

D. 1. The first three states eligible to become party states to this

compact which enact this compact into law and appropriate the fees

required by Article 4(H)(1) shall immediately, upon the appointment of

their Commission members, constitute themselves as the Southeast LowLevel Radioactive Waste Management Commission; shall cause

legislation to be introduced in Congress which grants the consent of

Congress to this compact; and shall do those things necessary to organize

the commission and implement the provisions of this compact.

2. All succeeding states eligible to become party states to this

compact shall be declared party states pursuant to the provisions of

section (C) of this Article.

3. The consent of Congress shall be required for the full

implementation of this compact. The provisions of Article 5, section

(D) shall not become effective until the effective date of the import

ban authorized by Article 4, section (L) as approved by Congress.

Congress may by law withdraw its consent only every five years.

E. No state which holds membership in any other regional compact

for the management of low-level radioactive waste may be considered by

the Compact Commission for eligible state status or party state status.

F. Any party state which fails to comply with the provisions of this

compact or to fulfill the obligations incurred by becoming a party state to

this compact may be subject to sanctions by the Commission, including

suspension of its rights under this compact and revocation of its status as a

party state. Any sanction shall be imposed only upon the affirmative vote

of at least two-thirds of the Commission members. Revocation of party

state status may take effect on the date of the meeting at which the

Commission approves the resolution imposing such sanction, but in no

event shall revocation take effect later than ninety days from the date of

such meeting. Rights and obligations incurred by being declared a party

state to this compact shall continue until the effective date of the sanction

imposed or as provided in the resolution of the Commission imposing the

sanction.

The Commission must, as soon as practicable after the meeting at

which a resolution revoking status as a party state is approved, provide

written notice of the action, along with a copy of the resolution, to the

Governors, the Presidents of the Senates, and the Speakers of the Houses

of Representatives of the party states, as well as chairmen of the

appropriate committees of Congress.

G. Subject to the provisions of Article 7, section H., any party state

may withdraw from the compact by enacting a law repealing the compact,

provided that if a regional facility is located within such state, such

regional facility shall remain available to the region for four years after

the date the Commission receives verification in writing from the

Governor of such party state of the rescission of the Compact. The

Commission, upon receipt of the verification, shall as soon as practicable

319
South Carolina.

Regulation.

Provisions held

invalid.

provide copies of such verification to the Governor, the presidents of the

Senates, and the Speakers of the Houses of Representatives of the party

states as well as the chairmen of the appropriate committees of the

Congress.5

H. The right of a party state to withdraw pursuant to section G. shall

terminate thirty days following the commencement of operation of the

second host state disposal facility. Thereafter a party state may withdraw

only with the unanimous approval of the Commission and with the

consent of Congress

For purposes of this section, the low-level radioactive waste disposal

facility located in Barnwell County% South Carolina shall be considered

the first host state disposal facility.

I. This compact may be terminated only by the affirmative action of

the Congress or by rescission of all laws enacting the compact in each

party state.7

Article VIlI-Penalties

A. Each party state, consistently with its own law, shall prescribe and

enforce penalties against any person not an official of another state for

'violation of any provisions of this compact.

B. Each party state acknowledges that the receipt by a host state of

waste packaged or transported in violation of applicable laws and

regulations can result in the imposition of sanctions by the hose state

which may include suspension or revocation of the violator's right of

access to the facility in the host state.

Article IX-Severability And Construction

The provisions of this compact shall be severable and if any phrase,

clause, sentence, or provision of this compact is declared by a court of

competent jurisdiction to be contrary to the Constitution, of any

participating state or of the United States, or the applicability thereof to

any government, agency, person, or circumstance is held invalid, the

validity of the remainder of this compact and the applicability thereof to

any other government, agency, person, or circumstance shall not be

affected thereby. If any provision of this compact shall be held contrary

to the Constitution of any State participating therein, the compact shall

remain in full force and effect as to the state affected as to all severable

matters. The provisions of this compact shall be liberally construed to

give effect to the purposes thereof.

Sec. 224. Central Midwest Interstate Low-level Radioactive Waste

Compact.

In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act (42 USC 202 1d(a)(2)), the consent of the Congress

hereby is given to the States of Illinois and Kentucky to enter into the

Central Midwest Interstate Low-Level Radioactive Waste Compact. Such

compact is substantially as follows:

42 USC 2021d

note.

Illinois.

Kentucky.

5

Public Law 101-171 (103 Stat. 1290) November 22, 1989 added new language to section G. 6

Public Law 101-171 (103 Stat. 1290) November 22, 1989 added new language to section H.

7Public Law 101-171 (103 Stat. 1290) November 22, 1989 added new sectionI.

320
42 USC 2021b

note.

Health.

Safety.

Regulations.

Central Midwest Interstate Low-Level Radioactive Waste

Compact

Article I-Policy And Purpose

There is created the Central Midwest Interstate Low-Level Radioactive

Waste Compact.

The states party to this compact recognize that the Congress of the

United States, by enacting the Low-Level Radioactive Waste Policy Act

(42 USC 2021), has provided for and encouraged the development of lowlevel radioactive waste compacts as a tool for managing such waste. The

party states also recognize that the management of low-level radioactive

waste is handled most efficiently on a regional basis; and, that the safe and

efficient management of low-level radioactive waste generated within the

region revuires that sufficient capacity to manage such waste be properly

provided.

a) It is the policy of the party states to enter into a regional low-level

radioactive waste management compact for the purpose of:

1) providing the instrument and the framework for a cooperative

effort;

2) providing sufficient facilities for the proper management of lowlevel radioactive waste generated in the region;

3) protecting the health and safety of the citizens of the region;

4) limiting the number of facilities required to manage low-level

radioactive waste generated in the region effectively and efficiency;

5) promoting the volume and source reduction of low-level

radioactive waste generated in the region;

6) distributing the costs, benefits and obligations of successful lowlevel radioactive waste management equitably among the party states

and among generators and other persons who use regional facilities to

manage their waste;

7) ensuring the ecological and economical management of lowlevel radioactive waste, including the prohibition of shallow-land

burial of waste; and

8) promoting the use of above-ground facilities and other disposal technologies providing greater and safer confinement of low-level

radioactive waste than shallow-land burial facilities.

b) Implicit in the Congressional consent to this compact is the

expectation by the Congress and the party states that the appropriate

federal agencies will actively assist the Compact Commission and the

individual party states to this compact by:

1) expeditious enforcement of federal rules, regulations and laws;

2) imposition of sanctions against those found to be in violation of

federal rules, regulations and laws; and

3) timely inspection of their licensees to determine their

compliance with these rules, regulations and laws.

Article II-Definitions

As used in this compact, unless the context clearly requires a different

construction:

8

Public Law 103-439 (108 Stat. 4607) Nov. 2, 1994

321
a) "Commission" means the Central Midwest Interstate Low-Level

Radioactive Waste Commission.

b) "Decommissioning" means the measures taken at the end of a

facility's operating life to assure the continued protection of the public

from any residual radioactivity or other potential hazards present at a

facility.

c) "Disposal" means the isolation of waste from the biosphere in a

permanent facility designed for that purpose.

d) "Eligible" state means either the State of Illinois or the

Commonwealth of Kentucky.

e) "Extended care" means the continued observation of a facility after

closure for the purpose of detecting a need for maintenance, ensuring

environmental safety, and determining compliance with applicable

licensure and regulatory requirements and includes undertaking any action

or clean-up necessary to protect public health and the environment from

radioactive releases from a regional facility.

f) "Facility" means a parcel of land or site, together with the

structures, equipment and improvements on or appurtenant to the land or

site, which is used or is being developed for the treatment, storage or

disposal of low-level radioactive waste.

g) "Generator" means a person who produces or possesses low-level

radioactive waste in the course of or incident to manufacturing, power

generation, processing medical diagnosis and treatment, research, or other

industrial or commercial activity and who, to the extent required by law,

is licensed by the U. S. Nuclear Regulatory Commission or a party state,

to produce or possess such waste.

h) "Host state" means any party state that is designated by the

Commission to host a regional facility, provided that a party state with a

total volume of waste recorded on low-level radioactive waste manifests

for any year that is less than 10 percent of the total volume recorded on

such manifests for the region during the same year shall not be designated

a host state.

i) "Institutional control" means those activities carried out by the host

state to physically control access to the disposal site following transfer of

control of the disposal site from the disposal site operator to the state or

federal government. These activities must include, but need not be limited

to, environmental monitoring, periodic surveillance, minor custodial care,

and other. necessary activities at the site as determined by the host state,

and administration of funds to cover the costs for these activities. The

period of institutional control will be determined by the host state, but

institutional control may not be relied upon for more than 100 years

following transfer of control of the disposal site to the state or federal

government.

j) "Long-term liability" means the financial obligation to compensate

any person for medical and other expenses incurred from damages to

human health, personal injuries suffered from damages to human health

and damages or losses to real or personal property, and to provide for the

costs for accomplishing any necessary corrective action or clean-up on

real or personal property eaused by radioactive releases from a regional

facility.

322
42 USC 2014. k) "Low-level radioactive waste" or "waste" means radioactive waste

not classified as (1) high-level radioactive waste, (2) transuranic waste, (3)

spent nuclear fuel, or (4) by-product material as defined in section 1 e.(2)

of the Atomic Energy Act of 1954. This defmition shall apply

notwithstanding any declaration by the federal government, a state or any

regulatory agency that any radioactive material is exempt from any

regulatory control. 9

1) "Management plan" means the plan adopted by the Commission

for the storage, transportation, treatment and disposal of waste Within

the region.

m) "Manifest" means a shipping document identifying the generator of

waste, the volume of waste, the quantity of radionuclides in the shipment,

and such other information as may be required by the appropriate

regulatory agency.

n) "Party state" means any eligible state which enacts the compact into

law and pays the membership fee.

o) "Person" means any individual, corporation, business enterprise or

other legal entity, either public or private, and any legal successor,

representative, agent or agency of that individual, corporation, business

enterprise, or legal entity.

p) "Region" means the geographical area of the party states.

q) "Regional facility" means any facility as defined in Article II(f) that

is (1) located within the region, and (2) established by a party state

pursuant to designation of that state as a host state by the Commission.' 0

r) "Shallow-land burial" means a land disposal facility in which

radioactive waste is disposed of in or within the upper 30 meters of the

earth's surface; however, this definition shall not include an enclosed,

engineered, strongly structurally enforced and solidified bunker that

eitends below the earth's surface.

s) "Site" means the geographic location of a facility.

t) "Source reduction" means those administrative practices that reduce

the radionuclide levels in low-level radioactive Waste or that prevent the

generation of additional low-level radioactive waste.

u) "State" means a state of the United States, the District of Columbia,

the Commonwealth of Puerto Rico, the Virgin Islands or any other

territorial possession of the United States.

v) "Storage" means the temporary holding of waste for treatment or

disposal.

w) "Treatment" means any method, technique or process, including

storage for radioactive decay, designed to change the physical, chemical

or biological characteristics or composition of any waste in order to render

the waste safer for transport or management, amenable to recovery,

convertible to another usable material or reduced in volume.

x) "Volume reduction" means those methods including, but not limited

to, biological, chemical, mechanical and thermal methods used to reduce

the amount of space that waste materials occupy and to put them into a

form suitable for storage or disposal.

y) "Waste management" means the source and volume reduction,

storage, transportation, treatment or disposal of waste.

9

Public Law 103-439 (108 Stat. 4608), November 2, 1994, amended section k.

"'Public Law 103-439 (108 Stat. 4608), November 2, 1994, amended section q.

323
Article III-The Commission

Central a) There is created the Central Midwest Interstate Low-Level

Midwest Radioactive Waste Commission. Upon the eligible states becoming party

Interstate Low- states, the Commission shall consist of two voting Commissioners from

Level each state eligible to be designated a host state under Article VI(b), one

Radioactive voting Commissioner from any other party state, and for each regional

Waste facility, one non-voting Commissioner who is an elected official of local

Commission government and a resident of the county where that regional facility is

establishment, located. The Governor of each party state shall notify the Commission in

writing of its Commissioners and any alternates."

b) Each voting Commissioner is entitled to one vote. No action of the

Commission is binding unless a majority of the voting membership casts

its vote in the affirmative. In addition, no agreement by the Commission

under Article III(i)(1), Article III(i)(2), or Article III(i)(3) is valid unless

all voting Commissioners from the party state in which the facility where

waste would be sent cast their votes in the affirmative.12

Public c) The Commission shall elect annually from among its members a

information. chairperson. The Commission shall adopt and publish, in convenient

form, by-laws and policies that are not inconsistent with this compact,

including procedures that conform with the provisions of the Federal

Administrative Procedure Act (5 USC ss. 500 to 559) to the greatest

extent practicable in regard to notice, conduct and recording of meetings;

access by the public to records; provision of information to the public;

conduct of adjudicatory hearings; and issuance of decisions.

d) The Commission shall meet at least once annually and shall also

meet upon the call of any voting Commissioner. 3

e) All meetings of the Commission and its designated committees shall

be open to the public with reasonable advance notice. The Commission

may, by majority vote, close a meeting to the public for the purpose of

considering sensitive personnel or legal strategy matters. However, all

Commission actions and decisions shall be made in open meetings and

appropriately recorded. A roll call may be required upon request of any

voting Commissioner. 14

f) The Commission may establish advisory committees for the purpose

of advising the Commission on any matters pertaining to waste

management, waste generation and source and volume reduction.

g) The Office of the Commission shall be in Illinois. The Commission

may appoint or contract for and compensate such staff necessary to carry

out its duties and functions. The staff shall serve at the Commission's

pleasure with the exception that staff hired as the result of securing federal

funds shall be hired and governed under applicable federal statutes and

regulations. In selecting any staff, the Commission shall assure that the

staff has adequate experience and formal training to carry out the

functions assigned to it by the Commission.1 5

"Public Law 103-439 (108 Stat. 4608), November 2, 1994, amended section a. 12Public Law 103-439 (108 Stat. 4608), November 2, 1994, amended section b.

"

3

Public Law 103-439 (108 Stat. 4608), November 2, 1994, amended section d.

14Public Law 103-439 (108 Stat. 4608), November 2, 1994, amended section e.

"

5

Public Law 103-439 (108 Stat. 4608), November 2, 1994, amended section g.

324
Public h) All files, records and data of the Commission shall be open to

inspection, reasonable public inspection and may be copied upon payment of

Records. reasonable fees to be established where appropriate by the Commission,

except for information privileged against introduction in judicial

proceedings. Such fees may be waived or shall be reduced substantially

for not-for-profit organizations.

i) The Commission may:

Contracts. 1) Enter into an agreement with any person to allow waste from

Prohibitions. outside the region to be disposed of at facilities in the region.

However, no such agreement shall be effective unless and until ratified

by a law enacted by the party state to which the waste would be sent

for disposal.

2) Enter into an agreement with any person to allow waste

described in Article VII(a)(6) to be treated, stored, or disposed of at

regional facilities. However, no such agreement shall be effective

unless and until ratified by a law enacted by the host state of the

regional facility to which the waste would be sent for treatment,

storage, or disposal.

Reports. 3) Enter into an agreement with any person to allow waste from

outside the region to be treated or stored at facilities in the region.

However, any such agreement shall be revoked as a matter of law if,

within one year of the effective date of the agreement, a law is enacted

ordering such revocation by the party state to which the waste would

be sent for treatment or storage.

Prohibition. 4) Approve, or enter into an agreement with any person for, the

export of waste from the region. 5) Approve the disposal of waste generated within the region at a

facility in the region other than a regional facility, subject to the

limitations of Articles V(f) and VII(a)(6).

6) Require that waste generated within the region be treated or

stored at available regional facilities, subject to the limitations of

Articles V(f), VII(a)(3) and VII(a)(6).

7) Appear as an intervenor or party in interest before any court of

law or any federal, state or local agency, board or commission in any

matter related to waste management. In order to represent its views,

the Commission may arrange for any expert testimony, reports,

evidence or other participation.

8) Review the emergency closure of a regional facility, determine

the appropriateness of that closure, and take whatever actions are

necessary to ensure that the interests of the region are protected,

provided that a party state with a total volume of waste recorded on

low-level radioactive waste manifests for any year that is less than 10

percent of the total volume recorded on such manifests for the region

during the same year shall not be designated a host state or be required

to store the region's waste. In determining the 10 percent exclusion,

there shall not be included waste recorded on low-level radioactive

waste manifests by a person whose principal business is providing a

service by arranging for the collection, transportation, treatment,

storage or disposal of such waste.

9) Take any action which is appropriate and necessary to perform

its duties and functions as provided in this compact.

325
10q Suspend the privileges or revoke the membership of a party state.

j) The Commission shall:

Report. 1) Submit within 10 days of its execution to the governor and the

appropriate officers of the legislative body of the party state in which

any affected facility is located a copy of any agreement entered into by

the Commission under Article III(i)(1), Article III(i)(2) or Article

III(i)(3).

2) Submit an annual report to, and otherwise communicate with,

the governors and the appropriate officers of the legislative bodies of

the party states regarding the activities of the Commission. The

annual report shall include a description of the status of the activities

taken pursuant to any agreement entered into by the Commission

under Article III(i)(l), Article III(i)(2) or Article III(i)(3) and any

violation of any provision thereof, and a description of the source,

volume, activity, and current status of any waste from outside the

region or waste described under Article VII(a)(6) that was treated,

stored, or disposed of in the region in the previous year.

3) Hear, negotiate, and, as necessary, resolve by final decision

disputes which may arise between the party states regarding this

compact.

4) Adopt and amend, as appropriate, a regional management plan

that plans for the establishment of needed regional facilities.

5) Adopt an annual budget.' 7

k) Funding of the budget of the Commission shall be provided as

follows:

1) Each state, upon becoming a party state, shall pay $50,000 to

the Commission which shall be used for the administrative costs of the

Commission.

2) Each state hosting a regional facility shall levy surcharges on

each user of the regional facility based upon its portion of the total

volume and characteristics of wastes managed at that facility. The

surcharges collected at all regional facilities shall:

A) be sufficient to cover the annual budget of the Commission; and

B) be paid to the Commission, provided, however, that each host state

collecting surcharges may retain a portion of the collection sufficient to

cover its administrative costs of collection.

Audit. 1) The Commission shall keep accurate accounts of all receipts and

Contracts. disbursements. The Commission shall contract with an independent

Reports. certified public accountant to annually audit all receipts and

disbursements of Commission funds and to submit an audit report to the

Commission. The audit report shall be made a part of the annual report of

the Commission required by this Article.

Grants. m) The Commission may accept for any of its purposes and functions

Report. and may utilize and dispose of any donations, grants of money,

equipment, supplies, materials and services from any state or the United

States (or any subdivision or agency thereof), or interstate agency, or from

any institution, person, firm or corporation. The nature, amount and

condition, if any, attendant upon any donation or grant accepted or

"

6

Public Law 103-439 (108 Stat. 4609), November 2, 1994, amended section i.

•TPublic Law 103-439 (108 Stat. 4609), November 2, 1994, amended sectionj.

326
Transportation.

Health.

Safety.

received by the Commission together with the identity of the donor,

grantor, or lender, shall be detailed in the annual report of the

Commission. The Commission shall establish guidelines for the

acceptance of donations, grants, equipment, supplies, materials and

services and shall review such guidelines annually.

n) The Commission is not liable for any costs associated with any of

the following:

1) the licensing and construction of any facility;

2) the operation of any facility;

3) the stabilization and closure of any facility;

4) the extended care of any facility;

5) the institutional control, after extended care of any facility; or

6) the transportation of waste to any facility.

o) The Commission is a legal entity separate and distinct from the

party states and is liable for its actions as a separate and distinct legal

entity. Commissioners are not personally liable for actions taken by them

in their official capacity.' 8

p) Except as provided under Article 111(n), Article 111(o), Article VI(p)

and Article VI(q), nothing in this compact alters liability for any action,

omission, course of conduct or liability resulting from any causal or other

relationships.19

q) Any person aggrieved by a final decision of the Commission, which

adversely affects the legal rights, duties or privileges of such person, may

petition a court of competent jurisdiction, within 60 days after the

Commission's final decision, to obtain judicial review of said final

decision.

Article IV-Regional Management Plan

The Commission shall adopt a regional management plan designed to

ensure the safe and efficient management of waste generated within the

region. In adopting a regional waste management plan the Commission

shall:

a) Adopt procedures for determining, consistent with considerations of

public health and safety, the type and number of regional facilities which

are presently necessary and which are projected to be necessary to manage

waste generated within the region.

b) Develop and adopt policies promoting source and volume reduction

of waste generated within the region.

c) Develop alternative means for the treatment, storage and disposal of

waste, other than shallow-land burial or underground injection well.

d) Prepare a draft regional management plan that shall be made

available in a convenient form to the public for comment. The

Commission shall conduct one or more public hearings in each party state

prior to the adoption of the regional management plan. The regional

management plan shall include the Commission's response to public and

party state comment.

"

8

Public Law 103-439 (108 Stat. 4610), November 2, 1994, changed after the first sentence "Members of the

Commission" to "Commissioners."

'

9

Public Law 103-439 (108 Stat. 4610), November 2, 1994, amended section p.

327
Exports.

Contracts.

Prohibition.

Regulations.

Transportation.

Kentucky.

Prohibition.

Article V-Rights And Obligations Of Party States

a) Each party state shall act in good faith in the performance of acts

and courses of conduct which are intended to ensure the provision of

facilities for regional availability and usage in a manner consistent with

this compact.

b) Other than the provisions of Article V(f) and VII(a)(6), each party

state has the right to have all wastes generated within borders managed at

regional facilities. This right shall be subject to the provisions of this

Compact. All party states have an equal right of access to any facility

outside the region made available to the region by an2 agreement entered

into by the Commission pursuant to Article III(i)(4).2 e

c) Party states or generators may negotiate for the right of access to a

facility outside the region and may export waste outside the region subject

to Commission approval under Article II(i)(4).2' d) To the extent permitted by federal law, each party state may enforce

any applicable federal and state laws, regulations and rules pertaining to

the packaging and transportation of waste generated within or passing

through its borders. Nothing in this Section shall be construed to require a

party state to enter into any agreement with the U. S. Nuclear Regulatory

Commission.

e) Each party state shall provide to the Commission any data and

information the Commission requires to implement its responsibilities.

Each party state shall establish the capability to obtain any data and

information required by the Commission.

f) Waste originating from the Maxey Flats nuclear waste disposal site

in Fleming County, Kentucky shall not be shipped to any facility in

Illinois for storage, treatment or disposal. Disposition of these wastes shall

be the sole responsibility of the Commonwealth of Kentucky and such

waste shall not be subject to the provisions of Articles IX(b)(3) and (4) of

this compact.

22

Article VI-Development And Operation Of Facilities

a) Any party state may volunteer to become a host state, and the

Commission may designate that state as a host state.

b) If all regional facilities required by the regional management plan

are not developed pursuant to Article VI(a), or upon notification that an

existing regional facility will be closed, the Commission may designate a

party state as a host state. A party state shall not be designated as a host

state for any regional facility under this Article VI(b) unless that state's

total volume of waste recorded on low-level radioactive waste manifests

for any year is more than 10% of the total volume recorded on such

manifests for the region during the same year. In determining the 10%

exclusion, there shall not be included waste recorded on low-level

radioactive waste manifests by a person whose principal business is

providing a service by arranging for the collection, transportation,

treatment storage or disposal of such waste, or waste described in Article VII(a)(6). '

2

VPublic Law 103-439 (108 Stat. 4610), November 2, 1994, amended section b. 21Public Law 103-439 (108 Stat. 4610), November 2, 1994, amended section c. 22Public Law 103-439 (108 Stat. 4610), November 2, 1994, amended section f.

23Public Law 103-439 (108 Stat. 4610), November 2, 1994, amended section b.

328
Prohibition. c) Each party state designated as host state is responsible for

determining possible facility locations within its borders. The selection of

a facility site shall not conflict with applicable federal and host state laws,

regulations and rules not inconsistent with this compact and shall be based

on factors including, but not limited to, geological, environmental

engineering and economic viability of possible facility locations.24

d) Any party state designated as a host state may request the

Commission to relieve that state of the responsibility to serve as a host

state. The Commission may relieve a party state of this responsibility

upon a showing by the requesting party state that no feasible potential

regional facility site of the type it is designated to host exists within its

borders or for other good cause shown and consistent with the purposes of

this Compact.25

e) After a state is designated a host state by the Commission, it is

responsible for the timely development and operation of a regional

facility.26

f) To the extent permitted by federal and state law, a host state shall

regulate and license any facility within its borders and ensure the extended

care of that facility.27

g) The Commission may designate a party state as a host state while a

regional facility is in operation if the Commission determines that an

additional regional facility is or may be required to meet the needs of the

region.28

h) Designation of a host state is for a period of 20 years or the life of

the regional facility which is established under that designation,

whichever is shorter. Upon request of a host state, the Commission may

modify the period of its designation.29

i) A host state may establish a fee system for any regional facility

within its borders. The fee system shall be reasonable and equitable. This

fee system shall provide the host state with sufficient revenue to cover any

costs including, but not limited to, the planning, siting, licensing,

operation, pre-closure corrective action or clean-up, monitoring,

inspection, decommissioning, extended care and long-term liability,

associated with such facilities. This fee system may provide for payment

to units of local government affected by a regional facility for costs

incurred in connection with such facility. This fee system may also

include reasonable revenue beyond the costs incurred for the host state,

subject to approval by the Commission. The fee system shall include

incentives for source or volume reduction and may be based on the hazard

of the waste. A host state shall submit an annual financial audit of the

operation of the regional facility to the Commission. 30

24Public Law 103-439 (108 Stat. 4611), November 2, 1994, repealed section c and renumbered section d. to

section c. 23

26public Law 103-439 (108 Stat. 4611), November 2, 1994, amended and renumbered section "e" to section "d." Public Law 103-439 (108 Stat. 4612), November 2, 1994, renumbered section fto e. 27Public Law 103-439 (108 Stat. 4612), November 2, 1994, renumbered section g to f. 2

8Public Law 103-439 (108 Stat. 4612), November 2, 1994, renumbered section h to g. 29Public Law 103-439 (108 Stat. 4612), November 2, 1994, renumbered section i to h. 30

Public Law 103439 (108 Stat. 4612), November 2, 1994, renumbered section j to i.

329
42 USC 10101

note.

Health.

Safety.

Environmental

protection.

Health.

Prohibition.

Safety.

Prohibition.

Transportation.

Environmental.

Health.

Protection.

j) A host state shall ensure that a regional facility located within its

borders which is permanently closed is properly decommissioned.

A host state shall also provide for the extended care of a closed or

decommissioned regional facility within its borders so that the public

health and safety of the state and region are ensured, unless, pursuant to

the federal Nuclear Waste Policy Act of 1982, the federal government has

assumed title and custody of the regional facility and the federal

government thereby has assumed responsibility to provide for the

extended care of such facility.31

k) A host state intending to close a regional facility located within its

borders shall notify the Commission in writing of its intention and the

reasons. Notification shall be given to the Commission at least five years

prior to the intended date of closure. This Section shall not prevent an

emergency closing of a regional facility by a host state to protect its air,

land and water resources and the health and safety of its citizens.

However, a host state which has an emergency closing of a regional

facility shall notify the Commission in writing within 3 working days of

its action and shall, within 30 working days of its action, demonstrate

justification for the closing.

1) If a regional facility closes before an additional or new facility

becomes operational, waste generated within the region may be shipped

temporarily to any location agreed on by the Commission until a regional

facility is operational, provided that the region's waste shall not be stored

in a party state with a total volume of waste recorded on low-level

radioactive waste manifests for any year which is less than 10% of the

total volume recorded on the manifests for the region during the same

year. In determining the 10% exclusion, there shall not be included waste

recorded on low-level radioactive waste manifests by a person whose

principal business is providing a service by arranging for the collection,

transportation, treatment, storage or disposal of such waste, or waste

described in Article VII(a)(6).

m) A party state which is designated as a host state by the Commission

and fails to fulfill its obligations as a host state may have its privileges

under the compact suspended or membership in the compact revoked by

the Commission. 34

n) The host state shall create an "Extended Care and Long-Term

Liability Fund" and shall allocate sufficient fee revenues, received

pursuant to Article VI(i), to provide for the costs of:

1) decommissioning and other procedures required for the proper

closure of a regional facility;

2) monitoring, inspection and other procedures required for the

proper extended care of a regional facility;

3) undertaking any corrective action or clean-up necessary to

protect human health and the environment from radioactive releases

from a regional facility; and

3

"Public Law 103-439 (108 Stat. 4612), November 2, 1994, renumbered section k to j. 32Public Law 103-439 (108 Stat. 4611), November 2, 1994, amended section I and renumbered it to become

section k.

"Public Law 103-439 (108 Stat. 4611), November 2, 1994, amended section m and renumbered it to become

section 1. 34Public Law 103-439 (108 Stat. 4612), November 2, 1994, renumbered section n to m.

330
Contracts. 4) compensating any person for medical and other expenses

Gifts and incurred from damages to human health, personal injuries suffered

property. from damages to human health and damages or losses to real or

Health. personal property, and accomplishing any necessary corrective action

Insurance. or clean-up on real or personal property caused by radioactive releases

from a regional facility; the host state may allocate monies in this

Fund in amounts as it deems appropriate to purchase insurance or to

make other similar financial protection arrangements consistent with

the purposes of this Fund; this Article VI(n) shall in no manner limit

the financial responsibilities of the site operator under Article VI(o),

the party states under Article VI(p), or any person who sends waste to

a regional facility, under Article VI(q).3 5

Health. o) The operator of a regional facility shall purchase an amount of

Real property property and third-party liability insurance deemed appropriate by the host

Insurance. state, pay the necessary periodic premiums at all times and make periodic

payments to the Extended Care and Long-Term Liability Fund as set forth

in Article VI(n) for such amounts as the host state reasonably determines

is necessary to provide for future premiums to continue such insurance

coverage, in order to pay the costs of compensating any person for

medical and other expenses incurred from damages to human health,

personal injuries suffered from damages to human health and damages or

losses to real or personal property, and accomplishing any necessary

corrective action or clean-up on real or personal property caused by

radioactive releases from a regional facility. In the event of such costs

resulting from radioactive releases from a regional facility, the host state

should, to the maximum extent possible, seek to obtain monies from such

insurance prior to using monies from the Extended Care and Long-Term

Liability Fund.36

Contracts. p) All party states shall be liable for the cost of extended care and

Prohibition. long-term liability in excess of monies available from the Extended Care

and Long-Term Liability Fund, as set forth in Article VI(n) and from the

property and third-party liability insurance as set forth in Article VI(o). A

party state may meet such liability for costs by levying surcharges upon

generators located in the party state. The extent of such liability shall be

based on the proportionate share of the total volume of waste placed in the

regional facility by generators located in each such party state. Such

liability shall be joint and several among the party states with a right of

contribution between the party states. However, this Section shall not

apply to a party state with a total volume of waste recorded on low-level

radioactive waste manifests for any year that is less than 10% of the total

volume recorded on such manifests for the region during the same year. 37

q) Any person who sends waste from outside the region or waste

described in Article VII(a)(6) for treatment, storage or disposal at a

regional facility shall be liable for the cost of extended care and long-term

liability of that regional facility in excess of the monies available from the

Extended Care and Long-Term Liability Fund as set forth in Article VI(n)

"Public Law 103-439 (108 Stat. 4611), November 2, 1994, amended section "o" and renumbered it to become

section n.

"Public Law 103-439 (108 Stat. 4612), November 2, 1994, amended section p and renumbered it to become

section o. 37Public Law 103-439 (108 Stat. 4612), November 2, 1994, amended section q and renumbered it to become

section p.

331
Prohibitions.

Research and

development.

Taxes.

Transportation.

Contracts.

Prohibition.

Regulations.

Prohibition.

and from the property and third-party liability insurance as set forth in

Article VI(o). The extent of the liability for the person shall be based on

the proportionate share of the total volume of waste sent by that person to

the regional facility. 38

Article VII-Other Laws And Regulations

a) Nothing in this compact:

1) abrogates or limits the applicability of any act of Congress or

diminishes or otherwise impairs the jurisdiction of any federal agency

expressly conferred thereon by the Congress;

2) prevents the enforcement of any other law of a party state which

is not inconsistent with this compact;

3) prohibits any storage or treatment of waste by the generator on

its own premises;

4) affects any administrative or judicial proceeding pending on the

effective date of this compact;

5) alters the relations between the respective internal responsibility

of the government of a party state and its subdivisions;

6) establishes any right to the treatment, storage or disposal at any

facility in the region or provides any authority to prohibit export from

the region of waste that is owned or generated by the United States

Department of Energy, owned or generated by the United States Navy

as a result of the decommissioning of vessels of the United States

Navy, or owned or generated as the result of any research,

development, testing or production of any atomic weapon; or.

7) affects the rights and powers of any party state or its political

subdivisions, to the extent not inconsistent with this compact, to

regulate and license any facility or the transportation of waste within

its borders or affects the rights and powers of any state or its political

subdivisions to tax or impose fees on the waste managed at any facility

within its borders;

8) requires a party state to enter into an agreement with the U. S.

Nuclear Regulatory Commission; or

9) alters or limits liability of transporters of waste and owners and

operators of sites for their acts, omissions, conduct or relationships in

accordance with applicable laws.

b) For purposes of this compact, all state laws or parts of laws in

conflict with this compact are hereby superseded to the extent of the

conflict.

c) No law, rule, regulation, fee or surcharge of a party state, or of any

of its subdivisions or instrumentalities, may be applied in a manner which

discriminates against the generators of another party state.

d) No person who provides a service by arranging for collection,

transportation, treatment, storage or disposal of waste from outside the

region shall be allowed to dispose of any waste, regardless of origin, in

the region unless specifically permitted under an agreement entered into

by the Commission in accordance with the requirements of Article III(i)(1).4°

"Public Law 103-439 (108 Stat. 4612), November 2, 1994, added a new section q. 39Public Law 103-439 (108 Stat. 4613), November 2, 1994, amended section 6. 4

°Public Law 103-439 (108 Stat. 4613), November 2, 1994, amended section d.

332
Illinois.

Kentucky.

Effective date.

Exports.

Prohibition.

Effective date.

Article VIII-Eligible Parties, Withdrawal, Revocation, Entry Into

Force, Termination

a) Eligible parties to this compact are the State of Illinois and

Commonwealth of Kentucky. Eligibility terminates on April 15, 1985.

b) An eligible state becomes a party state when the state enacts the

compact into law and pays the membership fee required in Article

I11(k)(I).

c) The Commission is formed upon the appointment of the

Commissioners and the tender of the membership fee payable to the

Commission by the eligible states. The Governor of Illinois shall convene

the initial meeting of the Commission. The Commission shall cause

legislation to be introduced in the Congress which grants the consent of

the Congress to this compact, and shall take action necessary to organize

the Commission and implement the provisions of this compact.41

d) Other than the special circumstances for withdrawal in section (f) of

this Article, either party state may withdraw from this compact at any time

by repealing the authorizing legislation, but no withdrawal may take effect

until 5 years after the governor of the withdrawing state gives notice in

writing of the withdrawal to the Commission and to the governor of the

other state. Withdrawal does not affect any liability already incurred by or

chargeable to a party state prior to the time of such withdrawal. Any host

state which grants a disposal permit for waste generated in a withdrawing

state shall void the permit when the withdrawal of that state is effective.

e) This compact becomes effective July 1, 1984, or at any date

subsequent to July 1, 1984, upon enactment by the eligible states.

However, Article IX(b) shall not take effect until the Congress has by law

consented to this compact. The Congress shall have an opportunity to

withdraw such consent every 5 years. Failure of the Congress

affirmatively to withdraw its consent has the effect of renewing consent

for an additional 5 year period. The consent given to this compact by the

Congress shall extend to the power of the region to ban the shipment of

waste into the region pursuant to Article III(i)(1) and to prohibit

exportation of waste generated within the region under Article III(i)(4).42

f) A state which has been designated a host state may withdraw from

the compact. The option to withdraw must be exercised within 90 days of

the date the governor of the designated state receives written notice of the

designation. Withdrawal becomes effective immediately after notice is

given in the following manner. The governor of the withdrawing state

shall give notice in writing to the Commission and to the governor of each

party state. A state which withdraws from the compact under this section

forfeits any funds already paid pursuant to this compact. A designated

host state which withdraws from the compact after 90 days and prior to

fulfilling its obligations shall be assessed a sum the Commission

determines to be necessary to cover the costs borne by the Commission

and remaining party states as a result of that withdrawal.

41Public Law 103-439 (108 Stat. 4613), November 2, 1994, amended section c.

1

2

Public Law 103-439 (108 Stat. 4613), November 2, 1994, amended section e.

333
Regulation.

Provisions held

invalid.

Article IX-Penalties

a) Each party state shall prescribe and enforce penalties against any

person who is not an official of another state for violation of any provision

of this compact.

b) Unless authorized by the Commission pursuant to Article Ill(i), or

otherwise provided in this Compact, after January 1, 1986 it is a violation

of this Compact:

1) for any person to deposit at a facility in the region waste

from outside the region;

2) for any facility in the region to accept waste from outside

the region;

3) for any person to export from the region waste that is

generated within the region;

4) for any person to dispose of waste at a facility other than

a regional facility;

5) for any person to deposit at a regional facility waste

described in Article VII(a)(6); or

6) for any regional facility to accept waste described in

Article VII(a)(6). 43

c) It is a violation of this compact for any person to treat or store waste

at a facility other than a regional facility if such treatment or storage is

prohibited by the Commission under Article III(i)(6).4

d) Each party state acknowledges that the receipt by a host state of

waste packaged or transported in violation of applicable laws, rules or

regulations may result in the imposition of sanctions by the host state

which may include suspension or revocation of the violator's right of

access to the facility in the host state.

e) Each party state has the right to seek legal recourse against any

party state which acts in violation of this compact.

Article X-Severability And Construction

The provisions of this compact shall be severable and if any phrase,

clause, sentence or provision of this compact is declared by a court of

competent jurisdiction to be contrary to the Constitution of any

participating state or the United States, or if the applicability thereof to

any government, agency, person or circumstance is held invalid, the

validity of the remainder of this compact and the applicability thereof to

any government, agency, person or circumstance shall not be affected

thereby. If any provision of this compact shall be held contrary to the

Constitution of any state participating therein, the compact shall remain in

full force and effect as to the state affected as to all severable matters.

43Public Law 103-439 (108 Stat. 4613), November 2, 1994, amended section b.

"Public Law 103-439 (108 Stat. 4614), November 2, 1994, added new section c, and redesignated the old

sections c and d as sections d and e, respectively.

334
Sec. 225. Midwest Interstate Low-level Radio Active Waste

Management Compact.

42 USC 202 1d The consent of Congress is hereby given to the States of Iowa,

note. Indiana, Michigan, Minnesota, Missouri, Ohio, and Wisconsin to enter

Iowa. Indiana. into the Midwest Interstate Compact on Low-Level Radioactive Waste

Michigan. Management. Such compact is as follows:

Minnesota.

Missouri. Ohio. Midwest Interstate Low-Level Radio Active Waste

Wisconsin. Management Compact

Article I-Policy And Purpose

There is created the Midwest Interstate Low-Level Radioactive Waste

Compact.

Research and The states party to this compact recognize that the Congress of the

development. United States, by enacting the Low-Level Radioactive Waste Policy Act

(42 USC 2021b to 2021d), has provided for and encouraged the

development of low-level radioactive waste compacts as a tool for

managing such waste. The party states acknowledge that the Congress

has declared that each state is responsible for providing for the availability

of capacity either within or outside the state for the disposal of low-level

radioactive waste generated within its borders, except for waste generated

as a result of certain defense activities of the federal government or

federal research and development activities. The party states also

recognize that the management of low-level radioactive waste is handled

most efficiently on a regional basis; and, that the safe and efficient

management of low-level radioactive waste generated within the region

requires that sufficient capacity to manage such waste be properly

provided.

a. It is the policy of the party states to enter into a regional low-level

radioactive waste management compact for the purpose of:

1. Providing the instrument and framework for a cooperative

effort;

2. Providing sufficient facilities for the proper management of

low-level radioactive waste generated in the region;

Health. 3. Protecting the health and safety of the citizens of the region;

Safety. 4. Limiting the number of facilities required to effectively and

efficiently manage low-level radioactive waste generated in the region;

5. Encouraging the reduction of the amounts of low-level

radioactive waste generated in the region;

6. Distributing the costs, benefits and obligations of successful

low-level radioactive waste management equitably among the party

states, and among generators and other persons who use regional

facilities to manage their waste; and

7. Ensuring the ecological and economical management of lowlevel radioactive wastes.

Regulations. b. Implicit in the Congressional consent to this compact is the

expectation by the Congress and the party states that the appropriate

federal agencies will actively assist the Compact Commission and the

individual party states to this compact by:

1. Expeditious enforcement of federal rules, regulations and laws;

2. Imposition of sanctions against those found to be in violation of

federal rules, regulations and laws; and

335
3. Timely inspection of their licensees to determine their

compliance with these rules, regulations and laws.

Article II-Definitions

As used in this compact, unless the context clearly requires a different

construction:

a. "Care" means the continued observation of a facility after closure

for the purposes of detecting a need for maintenance, ensuring

environmental safety, and determining compliance with applicable

licensing and regulatory requirements and including the correction of

problems which are detected as a result of that observation.

b. "Commission" means the Midwest Interstate Low-Level

Radioactive Waste Commission.

c. "Decommissioning" means the measures taken at the end of a

facility's operating life to assure the continued protection of the public

from any residual radioactivity or other potential hazards present at a

facility.

d. "Disposal" means the isolation of waste from the biosphere in a

permanent facility designed for that purpose.

e. "Eligible state" means a state qualified to be a party state to this

compact as provided in Article VIII.

f. "Facility", means a parcel of land or site, together with the

structures, equipment and improvements on or appurtenant to the land or

site, which issued or is being developed for the treatment, storage or

disposal of low-level radioactive waste.

g. "Generator" means any person who produces or possesses lowlevel radioactive waste in the course of or incident to manufacturing,

power generation, processing, medical diagnosis and treatment, research,

or other industrial or commercial activity and who, to the extent required

by law, is licensed by the U. S. Nuclear Regulatory Commission or a

party state, to produce or possess such waste. Generator does not include

a person who provides a service by arranging for the collection,

transportation, treatment, storage or disposal of wastes generated outside

the region.

h. "Host state" means any state which is designated by the

Commission to host a regional facility.

i. "Low-Level radioactive waste" or "waste" means radioactive waste

not classified as high-level radioactive waste, transuranic waste, spent

nuclear fuel or by-product material as defined in section 11 (e)(2) of the

Atomic Energy Act of 1954 (42 USC 2014).

j. "Management plan" means the plan adopted by the Commission for

the storage, transportation, treatment and disposal of waste within the

region.

k. "Party state" means any eligible state which enacts the compact

into law.

1. "Person" means any individual, corporation, business enterprise or

other legal entity either public or private and any legal successor,

representative, agent or agency of that individual, corporation, business

enterprise or legal entity.

m. "Region" means the area of the party states.

336
Midwest

Interstate LowLevel

Radioactive

Waste

Commission,

establishment.

Prohibition.

Contracts.

n. "Regional facility" means a facility which is located within the

region and which is established by a party state pursuant to designation of

that state as a host state by the Commission.

o. "Site" means the geographic location of a facility.

p. "State" means a state of the United States, the District of Columbia,

the commonwealth of Puerto Rico, the Virgin Islands, or any other

territorial possession of the United States.

q. "Storage" means the temporary holding of waste for treatment or

disposal.

r. "Treatment" means any method, technique or process, including

storage for radioactive decay, designed to change the physical, chemical

or biological characteristics or composition of any waste in order to render

the waste safer for transport or management, amenable to recovery,

convertible to another usable material, or reduced in volume.

s. "Waste management" means the storage, transportation, treatment,

or disposal of waste.

Article Ill-The Commission

a. There is hereby created the Midwest Interstate Low-Level

Radioactive Waste Commission. The Commission consists of one voting

member from each party state. The Governor of each party state shall

notify the Commission in writing of its member and any alternates. An

alternate may act on behalf of the member only in that member's absence.

The method for selection and the expenses of each Commission member

shall be the responsibility of the member's respective state.

b. Each Commission member is entitled to one vote. No action of the

Commission is binding unless a majority of the total membership cast

their vote in the affirmative.

c. The Commission shall elect annually from among its members a

chairperson. The Commission shall adopt and publish, in convenient

form, bylaws, and policies which are not inconsistent with this compact,

including procedures which substantially conform with the provisions of

federal law on administrative procedure compiled at 5 USC 500 to 559 in

regard to notice, conduct and recording of meetings; access by the public

to records; provision of information to the public; conduct of adjudicatory

hearings; and issuance of decisions.

d. The Commission shall meet at least once annually and shall also

meet upon the call of the chairperson or a Commission member.

e. All meetings of the commission shall be open to the public with

reasonable advance notice. The Commission may, by majority vote, close

a meeting to the public for the purpose of considering sensitive personnel

or legal strategy matters. However, all Commission actions and decisions

shall be made in open meetings and appropriately recorded.

f. The Commission may establish advisory committees for the

purpose of advising the Commission on any matters pertaining to waste

management.

g. The office of the Commission shall be in a party state. The

Commission may appoint or contract for and compensate such limited

staff necessary to carry out its duties and functions. The staff shall serve

at the Commission's pleasure with the exception that staff hired as the

result of securing federal funds shall be hired and governed under

applicable federal statutes and regulations. In selecting any staff, the

337
Commission shall assure that the staff has adequate experience and formal

training to carry out the functions assigned to it by the Commission.

h. The Commission may:

Contracts. 1. Enter into an agreement with any person, state, or group of

states for the right to use regional facilities for waste generated outside

of the region and for the right to use facilities outside the region for

waste generated within the region. The right of any person to use a

regional facility for waste generated outside of the region requires an

affirmative vote of a majority of the Commission, including the

affirmative vote of the member of the host state in which any affected

regional facility is located.

2. Approve the disposal of waste generated within the region at a

facility other than a regional facility.

Reports. 3. Appear as an intervenor or party in interest before any court of

law or any federal, state or local agency, board or commission in any

matter related to waste management. In order to represent its views,

the Commission may arrange for any expert testimony, reports,

evidence or other participation.

4. Review the emergency closure of a regional facility, determine

the appropriateness of that closure, and take whatever actions are

necessary to ensure that the interests of the region are protected.

5. Take any action which is appropriate and necessary to perform

its duties and functions as provided in this compact.

6. Suspend the privileges or revoke the membership of a party

state by a two-thirds vote of the membership in accordance with

Article VIII.

i. The Commission shall:

1. Receive and act on the petition of a nonparty state to become an

eligible state.

Report. 2. Submit an annual report to, and otherwise communicate with,

the governors and the appropriate officers of the legislative bodies of

the party states regarding the activities of the Commission.

3. Hear, negotiate, and, as necessary, resolve by final decision

disputes which may arise between the party states regarding this

compact.

4. Adopt and amend, by a two-thirds vote of the membership, in

accordance with the procedures and criteria developed pursuant to

Article IV, a regional management plan which designates host states

for the establishment of needed regional facilities.

5. Adopt an annual budget.

j. Funding of the budget of the Commission shall be provided as

follows:

1. Each state, upon becoming a party state, shall pay $50,000 or

$1,000 per cubic meter of waste shipped from that state in 1980,

whichever is lower, to the Commission which shall be used for the

administrative costs of the Commission;

2. Each state hosting a regional facility shall levy surcharges on all

users of the regional facility based upon its portion of the total volume

and characteristics of wastes managed at that facility. The surcharges

collected at all regional facilities shall:

(a) Be sufficient to cover the annual budget of the Commission; and

338
Audit.

Contracts.

Report.

Grants.

Report.

Transportation.

Prohibition.

Health.

Safety.

(b) Represent the financial commitments of all party states to the

Commission; and

(c) Be paid to the Commission, provided, however, that each host state

collecting surcharges may retain a portion of the collection sufficient to

cover its administrative costs of collection, and that the remainder be

sufficient only to cover the approved annual budget of the Commission.

k. The Commission shall keep accurate accounts of all receipts and

disbursements. The Commission shall contract with an

independent certified public accountant to annually audit all

receipts and disbursements of Commission funds, and to submit

an audit report to the Commission. The audit report shall be made

a part of the annual report of the Commission required by this

Article.

1. The Commission may accept for any of its purposes and functions

and may utilize and dispose of any donations, grants of money,

equipment, supplies, materials and services from any state or the

United States (or any subdivision or agency thereof), or interstate

agency, or from any institution, person, firm or corporation. The

nature, amount and condition, if any, attendant upon any donation or

grant accepted or received by the Commission together with the

identity of the donor, grantor or lender, shall be detailed in the annual

report of the Commission.

m. The Commission is not liable for any costs associated with any of

the following:

1. The licensing and construction of any facility.

2. The operation of any facility,

3. The stabilization and closure of any facility,

4. The care of any facility,

5. The extended institutional control, after care of any facility, or

6. The transportation of waste to any facility.

n. 1. The Commission is a legal entity separate and distinct from the

party states and is liable for its actions as a separate and distinct legal

entity. Liabilities of the Commission are not liabilities of the party states.

Members of the Commission are not personally liable for actions taken by

them in their official capacity.

2. Except as provided under sections m. and n. 1. of this article,

nothing in this compact alters liability for any act, omission, course of

conduct or liability resulting from any causal or other relationships.

o. Any person aggrieved by a final decision of the Commission may

obtain judicial review of such decision in any court of competent

jurisdiction by filing in such court a petition for review within 60 days

after the Commission's final decision.

Article IV-Regional Management Plan

The Commission shall adopt a regional management plan designed to

ensure the safe and efficient management of waste generated within the

region. In adopting a regional waste management plan the Commission

shall:

a. Adopt procedures for determining, consistent with considerations

for public health and safety, the type and number of regional facilities

which are presently necessary and which are projected to be necessary to

manage waste generated within the region.

339
Health.

Safety.

Transportation.

Reports.

Studies.

Exports.

Prohibition.

Regulations.

Transportation.

b. Develop and consider policies promoting source reduction of waste

generated within the region.

c. Develop and adopt procedures and criteria for identifying a party

state as a host state for a regional facility. In developing these criteria, the

Commission shall consider all the following:

1. The health, safety, and welfare of the citizens of the party

states.

2. The existence of regional facilities within each party state.

3. The minimization of waste transportation.

4. The volumes and types of wastes generated within each party

state.

5. The environmental, economic, and ecological impacts on the

air, land and water resources of the party states.

d. Conduct such hearings, and obtain such reports, studies, evidence

and testimony required by its approved procedures prior to identifying a

party state as a host state for a needed regional facility.

e. Prepare a draft management plan, including procedures, criteria and

host states, including alternatives, which shall be made available in a

convenient form to the public for comment. Upon the request of a party

state, the Commission shall conduct a public hearing in that state prior to

the adoption of the management plan. The management plan shall include

the Commission's response to public and party state comment.

Article V-Rights And Obligations Of Party States

a. Each party state shall act in good faith in the performance of acts

and courses of conduct which are intended to ensure the provision of

facilities for regional availability and usage in a manner consistent with

this compact.

b. Each party state has the right to have all wastes generated within its

borders managed at regional facilities subject to the provisions contained

in Article IX.c. All party states have an equal right of access to any

facility made available to the region by any agreement entered into by the

Commission pursuant to Article III.

c. Party states or generators may negotiate for the right of access to a

facility outside the region and may export waste outside the region subject

to Commission approval under Article III.

d. To the extent permitted by federal law, each party state may

enforce any applicable federal and state laws, regulations and rules

pertaining to the packaging and transportation of waste generated within

or passing through its borders. Nothing in this section shall be construed

to require a party state to enter into any agreement with the U. S. Nuclear

Regulatory Commission.

e. Each party state shall provide to the Commission any data and

information the Commission requires to implement its responsibilities.

Each party state shall establish the capability to obtain any data and

information required by the Commission.

Article VI-Development And Operation Of Facilities

a. Any party state may volunteer to become a host state, and the

Commission may designate that state as a host state upon a two-thirds

vote of its members.

340
b. If all regional facilities required by the regional management plan

are not developed pursuant to section a., or upon notification that an

existing regional facility will be closed, the Commission may designate a

host state.

Prohibition. c. Each party state designated as a host state is responsible for

determining possible facility locations within its borders. The selection of

a facility site shall not conflict with applicable federal and host state laws,

regulations and rules not inconsistent with this compact and shall be based

on factors including but not limited to geological, environmental and

economic viability of possible facility locations.

d. Any party state designated as a host state may request the

Commission to relieve that state of the responsibility to serve as a host

state. The Commission may relieve a party state of this responsibility

only upon a showing by the requesting party state that no feasible

potential regional facility site of the type it is designated to host exists

within its borders.

e. After a state is designated a host state by the Commission, it is

responsible for the timely development and operation of a regional

facility.

f. To the extent permitted by federal and state law, a host state shall

regulate and license any facility within its borders and ensure the extended

care of that facility.

g. The Commission may designate a party state as a host state while a

regional facility is in operation if the Commission determines that an

additional regional facility is or may be required to meet the needs of the

region. The Commission shall make this designation following the

procedures established under Article IV.

h. Designation of a host state is for a period of 20 years or the life of

the regional facility which is established under that designation,

whichever is longer. Upon request of a host state, the Commission may

modify the period of its designation.

i. A host state may establish a fee system for any regional facility

within its borders. The fee system shall be reasonable and equitable. This

fee system shall provide the host state with sufficient revenue to cover any

cost, including but not limited to the planning, siting, licensure, operation,

decommissioning, extended care and long-term liability, associated with

such facilities. This fee system may also include reasonable revenue

beyond costs incurred for the host state, subject to approval by the

Audit. Commission A host shall submit an annual financial audit of the operation

of the regional facility to the Commission. The fee system may include

incentives for source reduction and may be based on the hazard of the

waste as well as the volume.

Health. j. A host state shall ensure that a regional facility located within its

Safety. borders which is permanently closed is properly decommissioned. A host

state shall also provide for the care of a closed or decommissioned

regional facility within its borders so that the public health and safety of

the state and region are ensured.

k. A host state intending to close a regional facility located within its

borders shall notify the Commission in writing of its intention and the

reasons. Notification shall be given to the Commission at least five years

prior to the intended date of closure. This section shall not prevent an

Prohibitions. emergency closing of a regional facility by a host state to protect its air,

341
land and water resources and the health and safety of its citizens.

However, a host state which has an emergency closing of a regional

facility shall notify the Commission in writing within three working days

of its action and shall, within 30 working days of its action, demonstrate

justification for the closing.

1. If a regional facility closes before an additional or new facility

becomes operational, waste generated within the region may be shipped

temporarily to any location agreed on by the Commission until a regional

facility is operational.

m. A party state which is designated as a host state by the

Commission and fails to fulfill its obligations as a host state may have its

privileges under the compact suspended or membership in the compact

revoked by the Commission.

Article VII-Other Laws And Regulations

Prohibitions. a. Nothing in this compact:

1. Abrogates or limits the applicability of any act of Congress or

diminishes or otherwise impairs the jurisdiction of any federal agency

expressly conferred thereon by the Congress;

2. Prevents the enforcement of any other law of a party state

which is not inconsistent with this compact;

3. Prohibits any storage or treatment of waste by the generator on

its own premises;

4. Affects any administrative or judicial proceedings pending on

the effective date of this compact;

5. Alters the relations between and the respective internal

responsibility of the government of a party state and its subdivisions;

Research and 6. Affects the generation, treatment, storage or disposal of waste

development, generated by the atomic energy defense activities of the Secretary of

the U. S. Department of Energy or successor agencies or federal

research and development activities as described in section 31 of the

Atomic Energy Act of 1954 (42 USC 2051); or

Taxes. 7. Affects the rights and powers of any party state or its political

Transportation. subdivisions to the extent not inconsistent with this compact, to

regulate and license any facility or the transportation of waste within

its borders or affects the rights and powers of any party state and its

political subdivisions to tax or impose fees on the waste managed at

any facility within its borders.

Contracts. 8. Requires a party state to enter into any agreement with the U. S.

Nuclear Regulatory Commission.

9. Alters or limits liability of transporters of waste, owners and

operators of sites for their acts, omissions, conduct or relationships in

accordance with applicable laws.

b. For purposes of this compact, all state laws or parts of laws in

conflict with this compact are hereby superseded to the extent of the

conflict.

Prohibition. c. No law, rule or regulation of a party state or of any of its

Regulations. subdivisions or instrumentalities may be applied in a manner which

discriminates against the generators of another party state.

342
Article VIII-Eligible Parties, Withdrawal, Revocation, Entry Into

Force, Termination

Delaware. a. Eligible parties to this compact are the states of Delaware, Illinois,

Illinois. Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota,

Indiana. Missouri, Nebraska, North Dakota, Ohio, South Dakota, Virginia and

Iowa. Wisconsin. Eligibility terminates on July 1, 1984.

Kansas. b. Any state not eligible for membership in the compact may petition

Kentucky. the Commission for eligibility. The Commission may establish

Maryland. appropriate eligibility requirements. These requirements may include but

Michigan. are not limited to, an eligibility fee or designation as a host state. A

Minnesota. petitioning state becomes eligible for membership in the compact upon

Missouri. the approval of the Commission, including the affirmative vote of all host

Nebraska. states. Any state becoming eligible upon the approval of the Commission

North Dakota. becomes a member of the compact in the same manner as any state

Ohio. eligible for membership at the time this compact enters into force.

South Dakota. c. An eligible state becomes a party state when the state enacts the

Virginia. compact into law and pays the membership fee required in Article IIIj. 1.

Wisconsin. d. The Commission is formed upon the appointment of Commission

members and the tender of the membership fee payable to the

Commission by three party states. The Governor of the first state to enact

this compact shall convene the initial meeting of the Commission. The

Commission shall cause legislation to be introduced in the Congress

which grants the consent of the Congress to this compact, and shall take

action necessary to organize the Commission and implement the provision

of this compact.

Prohibition. e. Any party state may withdraw from this compact by repealing the

authorizing legislation but no withdrawal may take effect until five years

after the governor of the withdrawing state gives notice in writing of the

withdrawal to the Commission and to the governor of each party state.

Withdrawal does not affect any liability already incurred by or chargeable

to a party state prior to the time of such withdrawal. Any host state which

grants a disposal permit for waste generated in a withdrawing state shall

void the permit when the withdrawal of that state is effective.

f. Any party state which fails to comply with the terms of this

compact or fails to fulfill its obligations may have its privileges suspended

or its membership in the compact revoked by the Commission in

accordance with Article III.h.6. Revocation takes effect one year from the

date the affected party state receives written notice from the Commission

of its action. All legal rights of the affected party state established under

this compact cease upon the effective date of revocation but any legal

obligations of that party state arising prior to revocation continue until

they are fulfilled. The chairperson of the Commission shall transmit

written notice of a revocation of a party states's membership in the

compact immediately following the vote of the Commission to the

governor of the affected party state, all other governors of the party states

and the Congress of the United States.

Effective date. g. This compact becomes effective upon enactment by at least three

eligible states and consent to this compact by Congress. The Congress

shall have an opportunity to withdraw such consent every five years.

Failure of the Congress to affirmatively withdraw its consent has the

effect of renewing consent for an additional five year period. The consent

given to this compact by the Congress shall extend to any future

343
admittance of new party states under sections b. and c. of this article and

to the power of the Commission to ban the shipment of waste from the

region pursuant to Article III.

h. The withdrawal of a party state from this compact under section e.

of this article or the suspension or revocation of a state's membership in

this compact under section f. of this article does not affect the

applicability of this compact to the remaining party states.

i. A state which has been designated by the Commission to be a host

state has 90 days from receipt by the Governor of written notice of

designation to withdraw from the compact without any right to receive

refund of any funds already paid pursuant to this compact, and without

any further payment. Withdrawal becomes effective immediately upon

notice as provided in section e. of this article. A designated host state

which withdraws from the compact after 90 days and prior to fulfilling its

obligations shall be assessed a sum the Commission determines to be

necessary to cover the costs borne by the Commission and remaining

party states as a result of that withdrawal.

Article IX-Penalties

a. Each party state shall prescribe and enforce penalties against any

person who is not an official of another state for violation of any provision

of this compact.

b. Unless otherwise authorized by the Commission pursuant to Article

III.h. after January 1, 1986, it is a violation of this compact:

1. For any person to deposit at a regional facility waste not

generated within the region;

2. For any regional facility to accept waste not generated

within the region;

Exports. 3. For any person to export from the region waste which is

generated within the region; or

4. For any person to dispose of waste at a facility other than

a regional facility. Regulations. c. Each party state acknowledges that the receipt by a host state of

waste packaged or transported in violation of applicable laws, rules and

regulations may result in the imposition of sanctions by the host state

which may include suspension or revocation of the violator's right of

access to the facility in the host state.

d. Each party state has the right to seek legal recourse against any

party state which acts in violation of this compact.

Article X-Severability And Construction

Provisions held The provisions of this compact shall be severable and if any phrase,

invalid, clause, sentence or provision of this compact is declared by a court of

competent jurisdiction to be contrary to the Constitution of any

participating state or of the United States or the applicability thereof to

any government, agency, person or circumstance is held invalid, the

validity of the remainder of this compact and the applicability thereof to

any government, agency, person or circumstance shall not be affected

thereby. If any provision of this compact shall be held contrary to the

Constitution of any state participating therein, the compact shall remain in

full force and effect as to the state affected as to all severable matters.

344
Sec. 226. Rocky Mountain Low-level Radioactive Waste Compact.

42 USC 2021d In accordance with section 4(a)(2) of the Low-Level Radioactive

note. Waste Policy Act (42 USC 2021 d(a)(2)), the consent of the Congress

Arizona. hereby is given to the States of Arizona, Colorado, Nevada, New Mexico,

Colorado. Utah, and Wyoming to enter into the Rocky Mountain Interstate LowNevada. New Level Radioactive Waste Compact. Such compact is substantially as

Mexico. Utah. follows:

Wyoming.

Rocky Mountain Low-Level Radioactive Waste Compact

Article I-Findings And Purpose

Research and (a) The party states agree that each state is responsible for providing

development, for the management of low-level radioactive waste generated within its

borders, except for waste generated as a result of defense activities of the

federal government or federal research and development activities.

42 USC 2021b Moreover, the party states find that the United States Congress, by

note. enacting the "Low-Level Radioactive Waste Policy Act" (P.L. 96-573),

has encouraged the use of interstate compacts to provide for the

establishment and operation of facilities for regional management of lowlevel radioactive waste.

Health. (b) It is the purpose of the party states, by entering into an interstate

Safety. compact, to establish the means for cooperative effort in managing lowlevel radioactive waste; to ensure the availability and economic viability

of sufficient facilities for the proper and efficient management of lowlevel radioactive waste generated within the region while preventing

unnecessary and uneconomic proliferation of such facilities; to encourage

reduction of the volume of low-level radioactive waste requiring disposal

within the region; to restrict management within the region of low-level

radioactive waste generated outside the region; to distribute the costs,

benefits and obligations of low-level radioactive waste management

equitably among the party states; and by these means to promote the

health, safety and welfare of the residents within the region.

Article II-Definitions

As used in this compact, unless the context clearly indicates otherwise:

(a) "Board" means the Rocky Mountain low-level radioactive

waste board;

(b) "Carrier" means a person who transports low-level waste;

(c) "Disposal" means the isolation of waste from the biosphere,

with no intention of retrieval, such as by land burial;

(d) "Facility" means any property, equipment or structure used or

to be used for the management of low-level waste;

(e) "Generate" means to produce low-level waste;

(f) "Host state" means a party state in which a regional facility is

located or being developed;

(g) "Low-level waste" or "waste" means radioactive waste other

than:

(i) Waste generated as a result of defense activities of the

federal government or federal research and development activities;

345
(ii) High-level waste such as irradiated reactor fuel, liquid

waste from reprocessing irradiated reactor fuel, or solids into

which any such liquid waste has been converted;

(iii) Waste material containing transuranic elements with

contamination levels greater than ten (10) nanocuries per gram of

waste material;

(iv) By-product material as defined in section 1 le.(2) of the

"Atomic Energy Act of 1954," as amended November 8, 1978; or

(v) Wastes from mining, milling, smelting or similar processing

of ores and mineral-bearing material primarily for minerals other

than radium.

(h) "Management" means collection, consolidation, storage,

treatment, incineration or disposal;

(i) "Operator" means a person who operates a regional facility;

(j) "Person" means an individual, corporation, partnership or other

legal entity, whether public or private;

(k) "Region" means the combined geographic area within the

boundaries of the party states; and

(1) "Regional facility" means a facility within any party state which

either:

(i) has been approved as a regional facility by the board; or

Nevada. (ii) is the low-level waste facility in existence on January 1,

1982, at Beatty, Nevada.

Article Ill-Rights, Responsibilities, And Obligations

Nevada. (a) There shall be regional facilities sufficient to manage the low-level

waste generated within the region. At least one (1) regional facility shall

be open and operating in a party state other than Nevada within six (6)

years after this compact becomes law in Nevada and in one (1) other state.

Health. (b) Low-level waste generated within the region shall be managed at

Safety. regional facilities without discrimination among the party states; provided,

however, that a host state may close a regional facility when necessary for

public health or safety.

(c) Each party state which, according to reasonable projections made

by the board, is expected to generate twenty percent (20%) or more in

cubic feet except as otherwise determined by the board of the low-level

waste generated within the region has an obligation to become a host state

in compliance with subsection (d) of this article.

(d) A host state, or a party state seeking to fulfill its obligation to

become a host state, shall:

(i) Cause a regional facility to be developed on a timely basis as

determined by the board, and secure the approval of such regional

facility by the board as provided in Article IV before allowing site

preparation or physical construction to begin;

Health. (ii) Ensure by its own law, consistent with any applicable federal

Safety. law, the protection and preservation of public health and safety in the

siting, design, development, licensure or other regulation, operation,

closure, decommissioning and long-term care of the regional facilities

within the state;

(iii) Subject to the approval of the board, ensure that charges for

management of low-level waste at the regional facilities within the

state are reasonable;

346
Report.

Report.

Nevada.

Regulations.

Transportation.

Regulations.

Transportation.

Regulations.

(iv) Solicit comments from each other party state and the board

regarding siting, design, development, licensure or other regulation,

operation, closure, decommissioning and long-term care of the

regional facilities within the state and respond in writing to such

comments;

(v) Submit an annual report to the board which contains

projections of the anticipated future capacity and availability of the

regional facilities within the state, together with other information

required by the board; and

(vi) Notify the board immediately if any exigency arises requiring

the possible temporary or permanent closure of a regional facility

within the state at a time earlier than was projected in the state's most

recent annual report to the board.

(e) Once a party state has served as a host state, it shall not be

obligated to serve again until each other party state having an obligation

under subsection (c) of this article has fulfilled that obligation. Nevada,

already being a host state, shall not be obligated to serve again as a host

state until every other party state has so served.

(f) Each party state:

(i) Agrees to adopt and enforce procedures requiring low-level

waste shipments originating within its borders and destined for a

regional facility to conform to packaging and transportation

requirements and regulations. Such procedures shall include but are

not limited to:

(A) Periodic inspection of packaging and shipping practices;

(B) Periodic inspections of waste containers while in the

custody of carriers; and

(C) Appropriate enforcement actions with respect to violations.

(ii) Agrees that after receiving notification from a host state that a

person in the party state has violated packaging, shipping or

transportation requirements or regulations, it shall take appropriate

action to ensure that violations do not recur. Appropriate action may

include but is not limited to the requirement that a bond be posted by

the violator to pay the cost of repackaging at the regional facility and

the requirement that future shipments be inspected;

(iii) May impose fees to recover the cost of the practices provided

for in paragraph (i) and (ii) of this subsection;

(iv) Shall maintain an inventory of all generators within the state

that may have low-level waste to be managed at a regional facility;

and

(v) May impose requirements or regulations more stringent than

those required by this subsection.

Article TV-Board Approval Of Regional Facilities

(a) Within ninety (90) days after being requested to do so by a party

state, the board shall approve or disapprove a regional facility to be

located within that state.

(b) A regional facility shall be approved by the board if and only if the

board determines that:

(i) There will be, for the foreseeable future, sufficient demand to

render operation of the proposed facility economically feasible without

347
Prohibition.

Rocky

Mountain

Low-Level

Radioactive

Waste Board,

establishment.

endangering the economic feasibility of operation of any other

regional facility; and

(ii) The facility will have sufficient capacity to serve the needs of

the region for a reasonable period of years.

Article V-Surcharges

(a) The board shall impose a "compact surcharge" per unit of waste

received at any regional facility. The surcharge shall be adequate to pay

the costs and expenses of the board in the conduct of its authorized

activities and may be increased or decreased as the board deems

necessary.

(b) A host state may impose a "state surcharge" per unit of waste

received at any regional facility within the state. The host state may fix

and change the amount of the state surcharge subject to approval by the

board. Money received from the state surcharge may be used by the host

state for any purpose authorized by its own law, including but not limited

to costs of licensure and regulatory activities related to the regional

facility, reserves for decommissioning and long-term care of the regional

facility and local impact assistance.

Article VI-The Board

(a) The "Rocky Mountain low-level radioactive waste board", which

shall not be an agency or instrumentality of any party state, is created.

(b) The board shall consist of one (1) member from each party state.

-The governor shall determine how and for what term its member shall be

appointed, and how and for what term any alternate may be appointed to

perform that member's duties on the board in the member's absence.

• (c) Each party state is entitled to one (1) vote. A majority of the board

constitutes a quorum. Unless otherwise provided in this compact, a

majority of the total number of votes on the board is necessary for the

board to take any action.

(d) The board shall meet at least once a year and otherwise as its

business requires. Meetings of the board may be held in any place within

the region deemed by the board to be reasonably convenient for the

attendance of persons required or entitled to attend and where adequate

accommodations may be found. Reasonable public notice and

opportunity for comment shall be given with respect to any meeting;

provided, however, that nothing in this subsection shall preclude the board

from meeting in executive session when seeking legal advice from its

attorneys or when discussing the employment, discipline or termination of

any of its employees.

(e) The board shall pay necessary travel and reasonable per diem

expenses of its members, alternates, and advisory committee members.

(f) The board shall organize itself for the efficient conduct of its

business. It shall adopt and publish rules consistent with this compact

regarding its organization and procedures. In special circumstances the

board, with unanimous consent of its members, may take actions by

telephone; provided, however, that any action taken by telephone shall be

confirmed in writing by each member within thirty (30) days. Any action

taken by telephone shall be noted in the minutes of the board.

(g) The board may use for its purposes the services of any personnel or

other resources which may be offered by any party state.

348
(h) The board may establish its offices in space provided for that

purpose by any of the party states, or, if space is not provided or is

deemed inadequate, in any space within the region selected by the board.

Contracts. (i) Consistent with available funds, the board may contract for

necessary personnel services to carry out its duties. Staff shall be

employed without regard for the personnel, civil service, or merit system

laws of any of the party states and shall serve at the pleasure of the board.

The board may provide appropriate employee benefit programs for its

staff.

(j) The board shall establish a fiscal year which conforms to the extent

practicable to the fiscal years of the party states.

(k) The board shall keep an accurate account of all receipts and

Audit. disbursements. An annual audit of the books of the board shall be

Report. conducted by an independent certified public accountant, and the audit

report shall be made a part of the annual report of the board.

Report. (1) The board shall prepare and include in the annual report a budget

showing anticipated receipts and disbursements for the ensuing year.

(in) Upon legislative enactment of this compact, each party state shall

consider the need to appropriate seventy thousand dollars ($70,000.00) to

the board to support its activities prior to the collection of sufficient funds

through the compact surcharge imposed pursuant to subsection (a) of

article V of this compact.

Grants. (n) The board may accept any donations, grants, equipment, supplies,

Report. materials or services, conditional or otherwise, from any source. The

nature, amount and condition, if any, attendant upon any donation, grant

or other resources accepted pursuant to this subsection, together with the

identity of the donor or grantor, shall be detailed in the annual report of

the board.

(o) In addition to the powers and duties conferred upon the board

pursuant to other provisions of this compact, the board:

Report. (i) Shall submit communications to the governors and to the

presiding officers of the legislatures of the party states regarding the

activities of the board, including an annual report to be submitted by

December 15;

(ii) May assemble and make available to the governments of the

party states and to the public through its members information

concerning low-level waste management needs, technologies and

problems;

(iii) Shall keep a current inventory of all generators within the

region, based upon information provided by the party states;

(iv) Shall keep a current inventory of all regional facilities,

including information on the size, capacity, location, specific wastes

capable of being managed and the projected useful life of each

regional facility;

(v) May keep a current inventory of all low-level waste facilities in

the region, based upon information provided by the party states;

(vi) Shall ascertain on a continuing basis the needs for regional

facilities and capacity to manage each of the various classes of lowlevel waste;

(vii) May develop a regional low-level waste management plan;

349
(viii) May establish such advisory committees as it deems

necessary for the purpose of advising the board on matters pertaining

to the management of low-level waste;

Contracts. (ix) May contract as it deems appropriate to accomplish its duties

Prohibition. and effectuate its powers, subject to its projected available resources;

but no contract made by the board shall bind any party state;

(x) Shall make suggestions to appropriate officials of the party

states to ensure that adequate emergency response programs are

available for dealing with any exigency that might arise with respect to

low-level waste transportation or management;

(xi) Shall prepare contingency plans, with the cooperation and

approval of the hose state, for management of low-level waste in the

event any regional facility should be closed;

Records. (xii) May examine all records of operators of regional facilities

pertaining to operating costs, profits or the assessment or collection of

any charge, fee or surcharge;

(xiii) Shall have the power to sue; and

(xiv) When authorized by unanimous vote of its members, may

intervene as of right in any administrative or judicial proceeding

involving low-level waste.

Article VII-Prohibited Acts And Penalties

(a) It shall be unlawful for any person to dispose of low-level waste

within the region, except at a regional facility; provided, however, that a

generator who, prior to January 1, 1982, had been disposing of only his

own waste on his own property may, subject to applicable federal and

state law, continue to do so.

Exports. (b) After January 1, 1986, it shall be unlawful for any person to export.

low-level waste which was generated within the region outside the region

unless authorized to do so by the board. In determining whether to grant

such authorization, the factors to be considered by the board shall include,

but not be limited to, the following:

(i) The economic impact of the export of the waste on the regional

facilities;

(ii) The economic impact on the generator of refusing to permit the

export of the waste; and

(iii) The availability of a regional facility appropriate for the

disposal of the waste involved.

(c) After January 1, 1986, it shall be unlawful for any person to

manage any low-level waste within the region unless the waste was

generated within the region or unless authorized to do so both by the

board and by the state in which said management takes place. In

determining whether to grant such authorization, the factors to be

considered by the board shall include, but not be limited to, the following:

Imports. (i) the impact of importing waste on the available capacity and

projected life of the regional facilities;

(ii) the economic impact on the regional facilities; and

(iii) the availability of a regional facility appropriate for the

disposal of the type of waste involved.

(d) It shall be unlawful for any person to manage at a regional facility

any radioactive waste other than low-level waste as defined in this

compact, unless authorized to do so both by the board and the host state.

350
In determining whether to grant such authorization, the factors to be

considered by the board shall include, but not be limited to, the following:

(i) the impact of allowing such management on the available

capacity and projected life of the regional facilities;

(ii) the availability of a facility appropriate for the disposal of the

type of waste involved;

(iii) the existence of transuranic elements in the waste; and

(iv) the economic impact on the regional facilities.

(e) Any person who violates subsection (a) or (b) of this article shall

be liable to the board for a civil penalty not to exceed ten (10) times the

charges which would have been charged for disposal of the waste at a

regional facility.

(f) Any person who violates subsection (c) or (d) of this article shall be

liable to the board for a civil penalty not to exceed ten (10) times the

charges which were charged for management of the waste at a regional

facility.

(g) The civil penalties provided for in subsections (e) and (f) of this

article may be enforced and collected in any court of general jurisdiction

within the region where necessary jurisdiction is obtained by an

appropriate proceeding commenced on behalf of the board by the attorney

general of the party state wherein the proceeding is brought or by other

counsel authorized by the board. In any such proceeding, the board, if it

prevails, is entitled to recover reasonable attorney's fees as part of its

costs.

(h) Out of any civil penalty collected for a violation of subsection (a)

or (b) of this article, the board shall pay to the appropriate operator a sum

sufficient in the judgment of the board to compensate the operator for any

loss of revenue attributable to the violation. Such compensation may be

subject to state and compact surcharges as if received in the normal course

of the operator's business. The remainder of the civil penalty collected

shall be allocated by the board. In making such allocation, the board shall

give first priority to the needs of the long-term care funds in the region.

(i) Any civil penalty collected for a violation of subsection (c) or (d) of

this article shall be allocated by the board. In making such allocation, the

board shall give first priority to the needs of the long-term care funds in

the region.

(6) Violations of subsection (a), (b), (c), or (d) of this article may be

enjoined by any court .of general jurisdiction within the region where

necessary jurisdiction is obtained in any appropriate proceeding

commenced on behalf of the board by the attorney general of the party

state wherein the proceeding is brought or by other counsel authorized by

the board. In any such proceeding, the board, if it prevails, is entitled to

recover reasonable attorney's fees as part of its costs.

Prohibition. (k) No state attorney general shall be required to bring any proceeding

under any subsection of this article, except upon his consent.

351
Arizona.

Colorado.

Nevada.

New Mexico.

Utah.

Wyoming.

Effective date.

Nevada.

Prohibition.

Provisions held

invalid.

42 USC 2021 d

note.

42 USC 2021d.

Connecticut.

Delaware.

Maryland.

New Jersey.

Article VIII-Eligibility, Entry Into Effect, Congressional Consent,

Withdrawal, Exclusion

(a) Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming are

eligible to become parties to this compact. Any other state may be made

eligible by unanimous consent of the board.

(b) An eligible state may become a party state by legislative enactment

of this compact or by executive order of its governor this adopting

compact; provided, however, a state becoming a party by executive order

shall cease to be a party state upon adjournment of the first general

session of its legislature convened thereafter, unless before such

adjournment the legislature shall have enacted this compact.

(c) This compact shall take effect when it has been enacted by the

legislatures of two (2) eligible states. However, subsections (b) and (c) of

article VII shall not take effect until Congress has by law consented to this

compact. Every five (5) years after such consent has been given, Congress

may by law withdraw its consent.

(d) A state which has become a party state by legislative enactment

may withdraw by legislation repealing its enactment of this compact; but

not such repeal shall take effect until two (2) years after enactment of the

repealing legislation. If the withdrawing state is a host state, any regional

facility in that state shall remain available to receive low-level waste

generated within the region until five (5) years after the effective date of

the withdrawal; provided, however, this provision shall not apply to the

existing facility in Beatty, Nevada.

(e) A party state may be excluded from this compact by a two-thirds

(2/3) vote of the members representing the other party states, acting in a

meeting, on the ground that the state to be excluded has failed to carry out

its obligation under this compact. Such an exclusion may be terminated

upon a two-thirds (2/3) vote of the members acting in a meeting.

Article IX-Construction And Severability

(a) The provisions of this compact shall be broadly construed to carry

out the purposes of the compact.

(b) Nothing in this compact shall be construed to affect any judicial

proceeding pending on the effective date of this compact.

(c) If any part or application of this compact is held invalid, the

remainder, or its application to other situations or persons, shall not be

affected.

See. 227. Northeast Interstate Low-level Radioactive Waste

Management Compact.

In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act, the consent of the Congress is hereby given to the

States of Connecticut, New Jersey, Delaware, and Maryland to enter into

the Northeast Interstate Low-Level Radioactive Waste Management

Compact. Such compact is substantially as follows:

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Northeast Interstate Low-Level Radioactive Waste

Management Compact

Article I-Policy And Purpose

Research and There is hereby created the Northeast Interstate Low-Level

development. Radioactive Waste Management Compact. The party states recognize that

the Congress has declared that each state is responsible for providing for

the availability of capacity, either within or outside its borders, for

disposal of low-level radioactive waste generated within its borders,

except for waste generated as a result of atomic energy defense activities

of the federal government, as defined in the Low-Level Radioactive

42 USC 202 1d Waste Policy Act (P. L. 96-573, "The Act"), or federal research and

note. development activities. They also recognize that the management of lowlevel radioactive waste is handled most efficiently on a regional basis. The

party states further recognize that the Congress of the United States, by

enacting the Act has provided for and encouraged the development of

regional low-level radioactive waste compacts to manage such waste. The

party states recognize that the long-term, safe and efficient management

of low-level radioactive waste generated within the region requires that

sufficient capacity to manage such waste be properly provided.

Health. In order to promote the health and safety of the region, it is the policy

Safety. of the party states to: enter into a regional low-level radioactive waste

management compact as a means of facilitating an interstate cooperative

effort, provide for proper transportation of low-level waste generated in

the region, minimize the number of facilities required to effectively and

efficiently manage low-level radioactive waste generated in the region,

encourage the reduction of the amounts of low-level waste generated in

the region, distribute the costs, benefits, and obligations of proper lowlevel radioactive waste management equitably among the party states, and

ensure the environmentally sound and economical management of lowlevel radioactive waste.

Article H-Definitions

As used in this compact, unless the context clearly requires a different

construction:

a. "commission" means the Northeast Interstate Low-Level

Radioactive Waste Commission established pursuant to Article IV of this

compact;

b. "custodial agency" means the agency the government designated to

act on behalf of the government owner of the regional facility;

c. "disposal" means the isolation of low-level radioactive waste from

the biosphere inhabited by man and his food chains;

d. "facility" means a parcel of land, together with the structures,

equipment and improvements thereon or appurtenant thereto, which is

used or is being developed for the treatment, storage or disposal of lowlevel waste, but shall not include on-site treatment or storage by a

generator;

e. "generator" means a person who produces or processes low-level

waste, but does not include persons who only provide a service by

arranging for the collection, transportation, treatment, storage or disposal

of wastes generated outside the region;

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f. "high-level waste" means 1) 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

concentration; and 2) any other highly radioactive material determined by

the federal government as requiring permanent isolation;

g. "host state" means a party state in which a regional facility is

located or being developed;

h. "institutional control" means the continued observation,

monitoring, and care of the regional facility following transfer of control

of the regional facility from the operator to the custodial agency;

i. "low-level waste" means radioactive waste that 1) is neither highlevel waste nor transuranic waste, nor spent nuclear fuel, nor by-product

material as defined in section 1 e (2) of the Atomic Energy Act of 1954 as

amended; and 2) is classified by the federal government as low-level

waste, consistent with existing law; but does not include waste generated

as a result of atomic energy defense activities of the federal government,

as defined in P. L. 96-573, or federal research and development activities;

j. "party state" means any state which is a signatory party in good

standing to this compact;

k. "person" means an individual, corporation, business enterprise or

other legal entity, either public or private and their legal successors;

1. "post-closure observation and maintenance" means the continued

monitoring of a closed regional facility to ensure the integrity and

environmental safety of the site through compliance with applicable

licensing and regulatory requirements; prevention of unwarranted

intrusion, and correction of problems;

m. "region" means the entire area of the party states;

n. "regional facility" means a facility as defined in this section which

has been designated or accepted by the Commission;

o. "state" means a state of the United States, the District of Columbia,

the Commonwealth of Puerto Rico, the Virgin Islands or any other

territory subject to the laws of the United States;

p. "storage" means the holding of waste for treatment or disposal;

q. "transuranic waste" means waste material containing radionuclides

with an atomic number greater than 92 which are excluded from shallow

land burial by the federal government;

r. "treatment" means any method, technique or process, including

storage for decay, designed to change the physical, chemical or biological

characteristics or composition of any waste in order to render such waste

safer for transport or disposal, amenable for recovery, convertible to

another usable material or reduced in volume;

s. "waste" means low-level radioactive waste as defined in this

section;

t. "waste management" means the storage, treatment, transportation,

and disposal, where applicable, of waste.

Article HI-Rights And Obligations

a. There shall be provided within the region one or more regional

facilities which, together with such other facilities as may be made

available to the region, will provide sufficient capacity to manage all

wastes generated within the region.

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Exports.

Prohibition.

Prohibition.

Regulations.

Transportation.

Prohibition.

Transportation.

1. Regional facilities shall be entitled to waste generated within

the region, unless otherwise provided by the Commission. To the extent

regional facilities are available, no waste generated within a party state

shall be exported to facilities outside the region unless such exportation is

approved by the Commission and the affected host state(s).

2. After January 1, 1986, no person shall deposit at a regional

facility waste generated outside the region, and further, no regional

facility shall accept waste generated outside the region, unless

approved by the Commission and the affected host state(s).

b. The rights, responsibilities and obligations of each party state to

this compact are as follows:

1. Each party state shall have the right to have all wastes generated

within its borders managed at regional facilities, and shall have the

right of access to facilities made available to the region through

agreements entered into by the Commission pursuant to Article

IV(i)(1 1). The right of access by a generator within a party state to

any regional facility is limited by the generator's adherence to

applicable state and federal laws and regulations and the provisions of

this compact.

2. To the extent not prohibited by federal law, each party state

shall institute procedures which will require shipments of low-level

waste generated within or passing through its borders to be consistent

with applicable federal packaging and transportation regulations and

applicable host state packaging and transportation regulations for

management of low-level waste; provided, however, that these

practices shall not impose unreasonable, burdensome impediments to

the management of low-level waste in the region. Upon notification by

a host state that a generator, shipper, or carrier within the party state is

in violation of applicable packaging or transportation regulations, the

party state shall take appropriate action to ensure that such violations

do not recur.

3. Each party state may impose reasonable fees upon generators,

shippers, or carriers to recover the cost of inspections and other

practices under this compact.

4. Each party state shall encourage generators within its borders to

minimize the volumes of waste requiring disposal.

5. Each party state has the right to rely on the good faith

performance by every other party state of acts which ensure the

provision of facilities for regional availability and their use in a

manner consistent with this compact.

6. Each party state shall provide to the Commission any data and

information necessary for the implementation of the Commission's

responsibilities, and shall establish the capability to obtain any data

and information necessary to meet its obligation as herein defined.

7. Each party state shall have the capability to host a regional

facility in a timely manner and to ensure the post-closure observation

and maintenance, and institutional control of any regional facility

within its borders.

8. No non-host party state shall be liable for any injury to persons

or property resulting from the operation of a regional facility or the

transportation of waste to a regional facility; however, if the host state

355
itself is the operator of the regional facility, its liability shall be that of

any private operator.

c. The rights, responsibilities and obligations of a host state are as

follows:

1. To the extent not prohibited by federal law, a host state shall

ensure the timely development and the safe operation, closure, postclosure observation and maintenance, and institutional control of any

regional facility within its borders.

2. In accordance with procedures established in Articles V and IX,

the host state shall provide for the establishment of a reasonable

Prohibition. structure of fees sufficient to cover all costs related to the

development, operation, closure, post-closure observation and

maintenance, and maintenance, and institutional control of a regional

facility. It may also establish surcharges to cover the regulatory costs,

incentives, and compensation associated with a regional facility;

provided, however, that without the express approval of the

Commission, no distinction in fees or surcharges shall be made

between persons of the several states party to this compact.

Prohibition. 3. To the extent not prohibited by federal law, a host state may

Regulations. establish requirements and regulations pertaining to the management

of waste at a regional facility; provided, however, that such

requirements shall not impose unreasonable impediments to the

management of low-level waste within the region. Nor may a host

state or a subdivision impose such restrictive requirements on the

siting or operation of a regional facility that, along or as a whole, they

serve as unreasonable barriers or prohibitions to the siting or operation

of such a facility.

4. Each host state shall submit to the Commission annually a

Report. report concerning each operating regional facility within its borders.

The report shall contain projections of the anticipated future capacity

Audit. and availability of the regional facility, a financial audit of its

operations, and other information as may be required by the

Commission; and in the case of regional facilities in institutional

control or otherwise no longer operating, the host states shall furnish

such information as may be required on the facilities still subject to

their jurisdiction.

5. A host state shall notify the Commission immediately if any

Report. exigency arises which requires the permanent, temporary, or possible

closure of any regional facility located therein at a time earlier than

projected in its most recent annual report to the Commission. The

Studies. Commission may conduct studies, hold hearings, or take such other

measures to ensure that the actions taken are necessary and compatible

with the obligations of the host state under this compact.

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Article IV-The Commission

Northeast a. There is hereby created the Northeast Interstate Low-Level

Interstate Low- Radioactive Waste Commission. The Commission shall consist of one

Level member from each party state to be appointed by the Governor according

Radioactive to procedures of each party state, except that a host state shall have two

Waste members during the period that it has an operating regional Governor

Commission, shall notify the Commission in writing of the identity of the facility. The

establishment, member and one alternate, who may act on behalf of the member only in

the member's absence.

Prohibition. b. Each Commission member shall be entitled to one vote. No action

of the Commission shall be binding unless a majority of the total

membership cast their vote in the affirmative.

Regulations. c. The Commission shall elect annually from among its members a

presiding officer and such other officers as it deems appropriate. The

Commission shall adopt and publish, in convenient form, such rules and

regulations as are necessary for due process in the performance of its

duties and powers under this compact.

d. The Commission shall meet at least once a year and shall also meet

upon the call of the presiding officer, or upon the call of a party state

member.

e. All meetings of the Commission shall be open to the public with

reasonable prior public notice. The Commission may, by majority vote,

close a meeting to the public for the purpose of considering sensitive

personnel or legal matters. All Commission actions and decisions shall be

made in open meetings and appropriately recorded. A roll call vote may

be required upon request of any party state or the presiding officer.

f. The Commission may establish such committees as it deems

necessary.

Contracts. g. The commission may appoint, contract for, and compensate such

limited staff as it determines necessary to carry out its duties and

functions. The staff shall serve at the Commission's pleasure irrespective

of the civil service, personnel or other merit laws of any of the party states

or the federal government and shall be compensated from funds of the

Commission.

h. The Commission shall adopt an annual budget for its operations.

i. The Commission shall have the following duties and powers:

1. The Commission shall receive and act on the application of a

non-party state to become an eligible state in accordance with Article

VII(e).

2. The Commission shall receive and act on the application of an

eligible state to become a party state in accordance with Article VII(b).

Report. 3. The commission shall submit an annual report to and otherwise

communicate with the governors and the presiding officer of each

body of the legislature of the party states regarding the activities of the

Commission.

4. Upon request of party states, the Commission shall meditate

disputes which arise between the party states regarding this compact.

5. The Commission shall develop, adopt and maintain a regional

management plan to ensure safe and effective management of waste

within the region, pursuant to Article V.

357
Report. 6. The Commission may conduct such legislative or adjudicatory

Studies. hearings, and require such reports, studies, evidence and testimony as

are necessary to perform its duties and functions.

Regulation. 7. The Commission shall establish by regulation, after public

notice and opportunity for comment, such procedural regulations as

deemed necessary to ensure efficient operation, the orderly gathering

of information, and the protection of the rights of due process of

affected persons.

8. In accordance with the procedures and criteria set forth in

Article V, the Commission shall accept a host state's proposed facility

as a regional facility.

9. In accordance with the procedures and criteria set forth in

Article V, the Commission may designate, by a two-thirds vote, host

Prohibition. states for the establishment of needed regional facilities. The

Commission shall not exercise this authority unless the party states

have failed to voluntarily pursue the development of such facilities.

10. The commission may require of and obtain from party states,

eligible states seeking to become party states, and non-party states

seeking to become eligible states, data and information necessary for

the implementation of Commission responsibilities.

Contracts. 11. The Commission may enter into agreements with any person,

Imports. state, regional body, or group of states for the importation of waste

into the region and for the right of access to facilities outside the

region for waste generated within the region. Such authorization to

import requires a two-thirds majority vote of the Commission,

including an affirmative vote of the representatives of the host state in

which any affected regional facility is located. This shall be done only

after the Commission and the host state have made an assessment of

the affected facilities' capability to handle such wastes and of relevant

environmental, economic, and public health factors, as defined by the

appropriate regulatory authorities.

Exports.. 12. The Commission may, upon petition, grant an individual

generator or group of generators in the region the right to export

wastes to a facility located outside the region. Such grant of right shall

be for a period of time and amount of waste and on such other terms

and conditions as determined by the Commission and approved by the

affected host states.

Report. 13. The Commission may appear as an intervenor or party in

interest before any court of law, federal, state or local agency, board or

commission that has jurisdiction over the management of wastes.

Such authority to intervene or otherwise appear shall be exercised only

after a two-thirds vote of the Commission.

views, the Commission may arrange for any expert testimony, reports,

evidence or other participation as it deems necessary.

14. The Commission may impose sanctions, including but not

limited to, fines, suspension of privileges and revocation of the

membership of a party state in accordance with Article VII. The

Commission shall have the authority to revoke, in accordance with

Article VII(g), the membership of a party state that creates

unreasonable barriers to the siting of a needed regional facility or

refuses to accept host state responsibilities upon designation by the

Commission.

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Regulation. 15. The Commission shall establish by regulation criteria for and

shall review the fee and surcharge systems in accordance with Articles

V and IX.

16. The Commission shall review the capability of party states to

ensure the siting, operation, post-closure observation and maintenance,

and institutional control of any facility within its borders.

17. The Commission shall review the compact legislation every five years prior to federal congressional review provided for in the

Act, and may recommend legislative action.

Regulations. 18. The Commission has the authority to develop and provide to

party states such rules, regulations and guidelines as it deems

appropriate for the efficient, consistent, fair and reasonable

implementation of the compact.

j. There is hereby established a Commission operating account. The

Commission is authorized to expend monies from such account for the

expenses of any staff and consultants designated under section (g) of this

Article and for official Commission business. Financial support of the

Commission account shall be provided as follows:

1. Each eligible state, upon becoming a party state, shall pay

$70,000 to the Commission, which shall be used for administrative

cost of the Commission.

2. The commission shall impose a "commission surcharge" per

unit of waste received at any regional facility as provided in Article V.

3. Until such time as at least one regional facility is in operation

and accepting waste for management, or to the extent that revenues

under paragraphs (1) and (2) of this section are unavailable or

insufficient to cover the approved annual budget of the Commission,

each party state shall pay an apportioned amount of the difference

between the funds available and the total budget in accordance with

the following formula:

(a) 20 percent in equal shares;

(b) 30 percent in the proportion that the population of the party

state bears to the total population of all party states, according to

the most recent U. S. census;

(c) 50 percent in the proportion that the waste generated for

management in each party state bears to the total waste generated

for management in the region for the most recent calendar year in

which reliable data are available, as determined by the

Commission.

k. The Commission shall keep accurate accounts of all receipts and

Audit. disbursements. An independent certified public accountant shall annually

Report. audit all receipts and disbursements of Commission accounts and funds

and submit an audit report to the Commission. Such audit report shall be

made a part of the annual report of the Commission required by Article

IV(i)(3).

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Grants. 1. The Commission may accept, receive, utilize and dispose for any of

Loans. this purposes and functions any and all donations, loans, grants of money,

equipment, supplies, materials and services (conditional or otherwise)

from any state or the United States or any subdivision or agency thereof,

or interstate agency, or from any institution, person, firm or corporation.

Report. The nature, amount and condition, if any, attendant upon any donation, loans, or grant accepted pursuant to this paragraph, together with the

identity of the donor, grantor, or lender, shall be detailed in the annual

report of the Commission. The Commission shall by rule establish

guidelines for the acceptance of donations, loans, grants of money,

equipment, supplies, materials and services. This shall provide that no

donor, grantor or lender may derive unfair or unreasonable advantage in

any proceeding before the Commission.

Prohibitions. m. The Commission herein established is a body corporate and

politic, separate and distinct from the party states and shall be so liable for

its own actions. Liabilities of the Commission shall not be deemed

liabilities of the party states, nor shall members of the Commission be

personally liable for action taken by them in their official capacity.

1. The Commission shall not be responsible for any costs or

expenses associated with the creation, operation, closure, post-closure

observation and maintenance, and institutional control of any regional

facility, or any associated regulatory activities of the party states.

2. Except as otherwise provided herein, this compact shall not be

construed to alter the incidence of liability of any kind for any act,

omission, or course of conduct. Generators, shippers and carriers of

wastes, and owners and operators of sites shall be liable for their acts,

omissions, conduct, or relationships in accordance with all laws

relating thereto.

Courts, U.S. n. The United States district courts in the District of Columbia shall

District of have original jurisdiction of all actions brought by or against the

Columbia. Commission. Any such action initiated in a state court shall be removed

to the designated United States district court in the manner provided by

Act of June 25, 1948 as amended (28 USC 14446). This section shall not

Prohibition. alter the jurisdiction of the United States Court of Appeals for the District

of Columbia Circuit to review the final administrative decisions of the

Commission as set forth in the paragraph below.

Courts, U.S. o. The United States Court of Appeals for the District of Columbia

Circuit shall have jurisdiction to review the final administrative decisions

of the Commission.

1. Any person aggrieved by a final administrative decision may

obtain review of the decision by filing a petition for review within 60

days after the Commission's final decision.

2. In the event that review is sought of the Commission's decision

relative to the designation of a host state, the Court of Appeals shall

accord the matter an expedited review, and, if the Court does not rule

within 90 days after a petition for review has been filed, the

Commission's decision shall be deemed to be affirmed.

Prohibition. 3. The courts shall not substitute their judgement for that of the

Commission as to the decisions of policy or weight of the evidence on

questions of fact. The Court may affirm the decision of the

Commission or remand the case for further proceedings if it finds that

360
the petitioners has been aggrieved because the finding, inferences,

conclusions or decisions of the Commission are:

a. in violation of the Constitution of the United States;

b. in excess of the authority granted to the Commission by this

compact;

c. made upon unlawful procedure to the detriment of any

person;

d. arbitrary or capricious or characterized by abuse of

discretion or clearly unwarranted exercise of discretion.

Regulations. 4. The Commission shall be deemed to be acting in a legislative

capacity except in those instances where it decides, pursuant to its

rules and regulations, that its determinations are adjudicatory in

nature.

Article V-Host State Selection And Development And Operation Of

Regional Facilities

a. The Commission shall develop, adopt, maintain, and implement a

regional management plan to ensure the safe and efficient management of

waste within the region. The plan shall include the following:

1. a current inventory of all generators within the region;

2. a current inventory of all facilities within the region, including

information on the size, capacity, location, specific waste being

handled, and projected useful life of each facility;

Health. 3. consistent with considerations for public health and safety as

Safety. defined by appropriate regulatory authorities, a determination of the

type and number of regional facilities which are presently necessary

and projected to be necessary to manage waste generated within the

region;

4. reference guidelines, as defined by appropriate regulatory

authorities, for the party states for establishing the criteria and

procedures to evaluate locations for regional facilities.

b. The Commission shall develop and adopt criteria and procedures

for reviewing a party state which volunteers to host a regional facility

within its borders. These criteria shall be developed with public notice and

shall include the following factors: the capability of the volunteering

party state to host a regional facility in a timely manner and to ensure its

post-closure observation and maintenance, and institutional control; and

the anticipated economic feasibility of the proposed facility.

1. Any party state may volunteer to host a regional facility within

its borders. The Commission may set terms and conditions to

encourage a party state to volunteer to be the first host state.

2. Consistent with the review required above, the Commission

shall, upon a two-thirds affirmative vote, designate a volunteering

party state to serve as a host state.

c. If all regional facilities required by the regional management plan

are not developed pursuant to section (b), or upon notification that an

existing facility will be closed, or upon determination that an additional

regional facility is or may be required, the Commission shall convene to

consider designation of a host state.

1. The Commission shall develop and adopt procedures for

designating a party state to be a host state for a regional facility. The

Commission shall base its decision on the following criteria:

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Health.

Safety.

Transportation.

Studies.

Report.

Health.

Safety.

a. the health, safety and welfare of citizens of the party states

as defined by the appropriate regulatory authorities;

b. the environmental, economic, and social effects of a

regional facility on the party states;

The Commission shall also base its decision on the following

criteria:

c. economic benefits and costs;

d. the volumes and types of waste generated within each party

state;

e. the minimization of waste transportation; and

f. the existence of regional facilities within the party states.

2. Following its established criteria and procedures, the

Commission shall designate by a two-thirds affirmative vote a party

state to serve as a host state. A current host state shall have the right

of first refusal for a succeeding regional facility.

3. The Commission shall conduct such hearings and studies, and

take such evidence and testimony as is required by its approved

procedures prior to designating a host state. Public hearings shall be

held upon request in each candidate host state prior to final evaluation

and selection.

4. A party state which has been designated as a host state by the

Commission and which fails to fulfill its obligations as a host state

may have its privileges under the compact suspended or membership

in the compact revoked by the Commission.

d. Each host state shall be responsible for the timely identification of a

site and the time development and operation of a regional facility. The

proposed facility shall meet geologic, environmental and economic

criteria which shall not conflict with applicable federal and host state laws

and regulations.

1. To the extent not prohibited by federal law, a host state may

regulate and license any facility within its borders.

2. To the extent not prohibited by federal law, a host state shall

ensure the safe operation, closure, post-closure observation and

maintenance, and institutional control of a facility, including adequate

financial assurances by the operator and adequate emergency response

procedures. It shall periodically review and report to the Commission

on the status of the post-closure and institutional control funds and the

remaining useful life of the facility.

3. A host state shall solicit comments from each party state and the

Commission regarding the siting, operation, financial assurances,

closure, post-closure observation and maintenance, and institutional

control of a regional facility.

e. A host state intending to close a regional facility within its borders

shall notify the Commission in writing of its intention and reasons

therefore.

1. Except as otherwise provided, such notification shall be given to

the Commission at least five years prior to the scheduled date of

closure.

2. A host state may close a regional facility within its borders in

the event of an emergency of if a condition exists which constitutes a

substantial threat to public health and safety. A host state shall notify

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the Commission in writing within three days of its action and shall

within 30 working days, show justification for the closing.

3. In the event that a regional facility closes before an additional

or new facility becomes operational, the Commission shall make

interim arrangements for the storage or disposal of waste generated

within the region until such time that a new regional facility is

operational.

f. Fees and surcharges shall be imposed equitably upon all users of a

regional facility, based upon criteria established by the Commission.

Regulations. 1. A host state shall, according to its lawful administrative

procedures, approve fee schedules to be charged to all users of the

regional facility within its borders. Except as provided herein, such fee

schedules shall be established by the operator of a regional facility,

under applicable state regulations, and shall be reasonable and

sufficient to cover all costs related to the development, operation,

closure, post-closure observation and maintenance, institutional

control of the regional facility. The host state shall determine a

schedule for contributions to the post-closure observation and

maintenance, and institutional control funds. Such fee schedules shall

not be approved unless the Commission has been given reasonable

opportunity to review and make recommendations on the proposed fee

schedules.

Regulation. 2. A host state may, according to its lawful administrative

procedures impose a state surcharge per unit of waste received at any

regional facility within its borders. The state surcharge shall be in

addition to the fees charged for waste management. The surcharge

shall be sufficient to cover all reasonable costs associated with

administration and regulation of the facility. The surcharge shall not

be established unless the Commission has been provided reasonable

opportunity to review and make recommendations on the proposed

state surcharge.

3. The Commission shall impose a commission surcharge per unit

of waste received at any regional facility. The total monies collected

shall be adequate to pay the cost and expenses of the Commission and

shall be remitted to the Commission on a timely basis as determined

by the Commission. The surcharge may be increased or decreased as

the Commission deems necessary.

4. Nothing herein shall be construed to limit the ability of the

host state, or the political subdivision in which the regional facility is

situated, to impose surcharges for purposes including, but not limited

to, host community compensation and host community development

incentives. Such surcharges shall be reasonable and shall not be

imposed unless the Commission has been provided reasonable

opportunity to review and make recommendations on the proposed

surcharge. Such surcharge may be recovered through the approved fee

and surcharge schedules provided for in this section.

Article VI-Other Laws And Regulations

42 USC 2021. a. Nothing in this compact shall be construed to abrogate or limit the

Prohibition. regulatory responsibility or authority of the U.S. Nuclear Regulatory

Commission or of an Agreement State under section 274 of the Atomic

Energy Act of 1954, as amended.

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Prohibition.

Prohibition.

Prohibition.

42 USC 2021b

note.

Research and

development.

Taxes.

Transportation.

Prohibition.

Prohibition.

Prohibition.

b. The laws or portions of those laws of a party state that are not

inconsistent with this compact remain in full force.

c. Nothing in this compact shall make unlawful the continued

development and operation of any facility already licensed for

development or operation on the date this compact becomes effective.

d. No judicial or administrative proceeding pending on the effective

date of the compact shall be affected by the compact.

e. Except as provided for in Article III(b)(2) and (c)(3), this compact

shall not affect the relations between and the respective internal

responsibilities of the government of a party state and its subdivisions.

f. The generation, treatment, storage, transportation, or disposal of

waste generated by the atomic energy defense activities of the federal

government, as defined in P.L. 96-573, or federal research and

development activities are not affected by this compact.

g. To the extent that the rights and powers of any state or political

subdivision to license and regulate any facility within its borders and to

impose taxes, fees, and surcharges on the waste managed at that regional

facility do not operate as an unreasonable impediment to the

transportation, treatment or disposal of waste, such rights and powers

shall not be diminished by this compact.

h. No party state shall enact any law or regulation or attempt to

enforce any measure which is inconsistent with this compact. Such

measures may provide the basis for the Commission to suspend or

terminate a party state's membership and privileges under this compact.

i. All laws and regulations, or parts thereof of any party state or

subdivision or instrumentality thereof which are inconsistent with this

compact are hereby repealed and declared null and void. Any legal right,

obligation, violation or penalty arising under such laws or regulations

prior to the enactment of this compact, or not in conflict with it, shall not

be affected.

j. Subject to Article III(c)(2), no law or regulation of a party state or

subdivision or instrumentality thereof may be applied so as to restrict or

make more costly or inconvenient access to any regional facility by the

generators of another party state than for the generators of the state where

the facility is situated.

k. No law, ordinance, or regulation of any party state or any

subdivision or instrumentality thereof shall prohibit, suspend, or

unreasonably delay, limit or restrict the operation of a siting or licensing

agency in the designation, siting, or licensing of a regional facility. Any

such provision in existence at the time of ratification of this compact is

hbreby repealed.

364
Article VIl-Eligible Parties, Withdrawal, Revocation, Entry Into

Force, Termination

Connecticut. a. The initially eligible parties to this compact shall be the eleven

Delaware. states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New

Maine. Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and

Maryland. Vermont. Initial eligibility will expire June 30, 1984.

Massachusetts. b. Each state eligible to become a party state to this compact shall be

New declared a party state upon enactment of this compact into law by the

Hampshire. state, repeal of all statutes or statutory provisions that pose unreasonable

New Jersey. impediments to the capability of the state to host a regional facility in a

New York. timely manner, and upon payment of the fees required by Article IV(j)(1).

Pennsylvania. An eligible state may become a party to this compact by an executive

Rhode Island. order by the governor of the state and upon payment of the fees required

Vermont. by Article IVO)(1). However, any state which becomes a party state by

executive order shall cease to be a party state upon the final adjournment

of the next general or regular session of its legislature, unless this compact

has by then been enacted as a statute by the state and all statutes and

statutory provisions that conflict with the compact have been repealed.

Effective date. c. The compact shall become effective in a party state upon enactment

by that state. It shall not become initially effective in the region until

enacted into law by three party states and consent given to it by the

Congress.

d. The first three states eligible to become party states to this compact

which adopt this compact into law as required in Article VII(b) shall

immediately, upon the appointment of their Commission members,

constitute themselves as the Northeast Interstate Low-Level Radioactive

Waste Commission. They shall cause legislation to be introduced in the

Congress which grants the consent of the Congress to this compact, and

shall do those things necessary to organize the Commission and

implement the provisions of this compact.

1. The Commission shall be the judge of the qualifications of the

party states and of its members and of their compliance with the

conditions and requirements of this compact and of the laws of the

party states relating to the enactment of this compact.

2. All succeeding states eligible to become party states to this

compact shall be declared party states pursuant to the provisions of

section (b) of this Article.

e. Any state not expressly declared eligible to become a party state to

this compact in section (a) of this Article may petition the Commission to

be declared eligible. The Commission may establish such conditions as it

deems necessary and appropriate to be met by a state requesting eligibility

as a party state to this compact pursuant to the provisions of this section,

including a public hearing on the application. Upon satisfactorily meeting

such conditions and upon the affirmative vote of two-thirds of the

Commission, including the affirmative vote of the representatives of the

host states in which any affected regional facility is located, the

petitioning state shall be eligible to become a party state to this compact

and may become a party state in the same manner as those states declared

eligible in section (a) of this Article.

Prohibition. f. No state holding membership in any other regional compact for the

management of low-level radioactive waste may become a member of this

compact.

365
g. Any party state which fails to comply with the provisions of this

compact or to fulfill its obligations hereunder may have its privileges

suspended or, upon a two-thirds vote of the Commission, after full

opportunity for hearing and comment, have its membership in the

compact revoked. Revocation shall take effect one year from the date the

affected party state receives written notice from the Commission of its

action. All legal rights of the affected party state established under this

compact shall cease upon the effective date of revocation, except that any

legal obligations of that party state arising prior to revocation will not

cease until they have been fulfilled. As soon as practicable after a

Commission decision suspending or revoking party state status, the

Commission shall provide written notice of the action and a copy of the

resolution to the governors and the presiding officer of each body of the

state legislatures of the party states, and to chairmen of the appropriate

committees of the Congress.

h. Any party state may withdraw from this compact by repealing its

authorization legislation, and all legal rights under this compact of the

party state cease upon repeal. However, no such withdrawal shall take

effect until five years after the Governor of the withdrawing state has

given notice in writing of such withdrawal to the Commission and to the

governor of each party state. No withdrawal shall affect any liability

already incurred by or chargeable to a party state prior to that time.

1. Upon receipt of the notification, the Commission shall, as soon

as practicable, provide copies to the governors and the presiding

officer of each body of the state legislatures of the party states, and to

the chairmen of the appropriate committees of the Congress.

2. A regional facility in a withdrawing state shall remain available

to the region for five years after the date the Commission receives

written notification of the intent to withdraw or until the prescheduled

dates of closure, whichever occurs first.

i. This compact may be terminated only by the affirmative action of

the Congress or by the repeal of all laws enacting the compact in each

party state. The Congress may by law withdraw its consent every five

years after the compact takes effect.

1. The consent given to this compact by the Congress shall extend

to any future admittance of new party states under sections (b) and (e)

of this Article.

2. The withdrawal of a party state from this compact under section

(h) or the revocation of a state's membership in this compact under

section (g) of this Article shall not affect the applicability of the

compact to the remaining party states.

Article VIII-Penalties

a. Each party state, consistent with federal and host state regulations

and laws, shall enforce penalties against any person not acting as an

official of a party state for violation of this compact in the party state.

Each party state acknowledges that the shipment to a host state of waste

packaged or transported in violation of applicable laws and regulations

can result in the imposition of sanctions by the host state. These sanctions

may include, but are not limited to, suspension or revocation of the

violator's rights of access to the facility in the host state.

366
Regulations. b. Without the express approval of the Commission, it shall be

unlawful for any person to dispose of any low-level waste within the

region except at a regional facility; provided, however, that this restriction

shall not apply to waste which is permitted by applicable federal or state

regulations to be discarded without regard to its radioactivity.

c. Unless specifically approved by the Commission and affected host

state(s) pursuant to Article IV, it shall be a violation of this compact for:

1) any person to deposit at a regional facility waste not generated within

the region; 2) any regional facility to accept waste not generated within

the region; and 3) any person to export from the region waste generated

within the region.

d. Primary responsibility for enforcing provisions of the law will rest

with the affected state or states. The Commission, upon a two-thirds vote

of its members, may bring action to seek enforcement or appropriate

remedies against violators of the provisions and regulations for this

compact as provided for in Article IV.

Article IX-Compensation Provisions

a. The responsibility for ensuring compensation and clean-up during

the operational and post-closure periods rests with the host state, as set

forth herein.

1. The host state shall ensure the availability of funds and

procedures for compensation of injured persons, including facility

employees, and property damage (except any possible claims for

diminution of property values) due to the existence and operation of a

regional facility, and for clean-up and restoration of the facility and

surrounding areas.

2. The state may satisfy this obligation by requiring bonds,

insurance, compensation funds, or any other means or combination of

means, imposed either on the facility operator or assumed by the state

Prohibition, itself, or both. Nothing in this article alters the liability of any person

or governmental entity under applicable state and federal laws.

b. The Commission shall provide a means of compensation for persons

injured or property damaged during the institutional control period due to

the radioactive and waste management nature of the regional facility. This

responsibility may be met by a special fund, insurance, or other means.

Contracts. 1. The Commission is authorized, at its discretion, to impose a

Insurance. waste management surcharge, to be collected by the operator or owner

of the regional facility; to establish a separate insurance entity, formed

by but separate from the Commission itself, but under such terms and

conditions as it decides, and exempt from state insurance regulation; to

contract with this company or other entity for coverage; or to take any

other measures, or combination of measures, to implement the goals of

this section.

Regulations. 2. The existence of this fund or other means of compensation shall

not imply liability by the Commission, the non-host party states, or

any of their officials and staff, which are exempted from liability by

other provisions of this compact. Claims or suits for compensation

shall be directed against the fund, the insurance company, or other

entity, unless the Commission, by regulation, directs otherwise.

c. Not withstanding any other provisions, the Commission fund,

insurance, or other means of compensation shall also be available for third

367
party relief during the operational and post-closure periods, as the

Commission may direct, but only to the extent that no other funds,

insurance, tort compensation, or other means are available from the host

state or other entities, under section a. of this Article or otherwise;

provided, that this Commission contribution shall not apply to clean-up or

restoration of the regional facility and its environs during the operational

and post-closure period.

d. The liability of the Commission's fund, insurance entity, or any

other means of compensation shall be limited to the amount currently

contained therein; provided that the Commission may set some lower

limit to ensure the integrity and availability of the fund or other entity for

liability.

Article X-Severability And Construction

Provisions The provisions of this compact shall be severable, and if any phrase,

held invalid, clause, sentence or provision of this compact is declared by a federal court

of competent jurisdiction to be contrary to the Constitution of the United

States or the applicability thereof to any government, agency, person or

circumstance is held invalid, the validity of the remainder of this compact

and the applicability thereof to any other government, agency, person or

circumstance shall not be affected thereby. The provisions of this compact

shall be liberally construed to give effect to the purpose thereof.45

D. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE

WASTE COMPACT CONSENT ACT

Public Law 100-319 102 Stat. 471

Appalachian

States LowLevel

Radioactive

Waste Compact

Consent

Act.

42 USC 2021 d

note.

42 USC 2021 d

note.

May 19, 1988

An Act

To grant the consent of the Congress to the Appalachian States Low-Level

Radioactive Waste Compact.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

Sec. 1. Short Title

This Act may be cited as the "Appalachian States Low-Level

Radioactive Waste Compact Consent Act."

Sec. 2. Congressional Finding.

The Congress finds that the compact set forth in section 5 is in

furtherance of the Low-Level Radioactive Waste Policy Act.

Sec. 3. Conditions of Consent to Compact.

The consent of the Congress to the compact set forth in section 5-

(1) shall become effective on the date of the enactment of this Act,

(2) is granted subject to the provisions of the Low-Level

Radioactive Waste Policy Act, and

45Amends Public Law 96-573 by striking out sections 1, 2, 3, 4 and inserting in lieu thereof Public Law 99-240.

368
42 USC 2021d

note.

42 USC 2021d

note.

Delaware.

Maryland.

Pennsylvania.

West Virginia.

Waste disposal.

(3) is granted only for so long as the Appalachian States LowLevel Radioactive Waste Commission, advisory committees, and

regional boards established in the compact comply with all the

provisions of such Act.

Sec. 4. Congressional Review.

The Congress may alter, amend, or repeal this Act with respect to the

compact set forth in section 5 after the expiration of the 10-year period

following the date of the enactment of this Act, and at such intervals

thereafter as may be provided for in such compact.

Sec. 5. Appalachian States Low-level Radioactive Waste Compact.

In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act (42 U.S.C. 2021d(A)(2)), the consent of Congress is

given to the States of Pennsylvania, West Virginia, and any eligible States

as defined in Article 5(A) of the Appalachian States Low-Level

Radioactive Waste Compact to enter into such compact. Such compact is

substantially as follows:

Appalachian States Low-Level Radioactive Waste Compact

Preamble

Whereas, The United States Congress, by enacting the Low-Level

Radioactive Waste Policy Act (42 USC sections202 lb-2021 d) has

encouraged the use of interstate compacts to provide for the establishment

and operation of facilities for regional management of low-level

radioactive waste;

Public health Whereas, Under section 4(a)(1)(A) of the Low-Level Radioactive

and safety. Waste Policy Act (42 USC section 2021 d(a)(1)(A)), each state is

responsible for providing for the capacity for disposal of low-level

radioactive waste generated within its borders;

Whereas, To promote the health, safety and welfare of residents

within, the Commonwealth of Pennsylvania and other eligible states as

defined in Article 5(A) of this compact shall enter into a compact for the

regional management and disposal of low-level radioactive waste.

Now, therefore, the Commonwealth of Pennsylvania and the state of

West Virginia and other eligible states hereby agree to enter into the

Appalachian States Low-Level Radioactive Waste Compact.

Article I-Definitions

As used in this compact, unless the context clearly indicates otherwise:

(a) "Broker" means any intermediate person who handles, treats,

processes, stores, packages, ships or otherwise has responsibility for or

possesses low-level waste obtained from a generator.

(b) "Carrier" means a person who transports low-level waste to a

regional facility.

(c) "Commission" means the Appalachian States Low-Level

Radioactive Waste Commission.

(d) "Disposal" means the isolation of low-level waste from the

biosphere.

(e) "Facility" means any real personal property within the region,

and improvements thereof or thereon, and any and all plant structures,

369
machinery and equipment acquired, constructed, operated or

maintained for the management or disposal of low-level waste.

(f) "Generate" means to produce low-level waste requiring

disposal.

(g) "Generator" means a person whose activity results in the

production of low-level waste requiring disposal.

(h) "Hazardous life" means the time required for radioactive

materials to decay to safe levels, as defined by the time period for the

concentration of radioactive materials within a given container or

package to decay to maximum permissible concentrations as defined

by Federal law or by standards to be set by a host state, whichever is

more restrictive.

(i) "Host state" means Pennsylvania or other party state so

designated by the Commission in accordance with Article 3 of this

compact.

0) "Institutional control period" means the time of the continued

observation, monitoring and care of the regional facility following

transfer of control from the operator to the custodial agency.

(k) "Low-level waste" means radioactive waste that:

(I) is neither high-level waste or transuranic waste, nor spent

nuclear fuel, nor by-product material as defined in section 11 (e)(2)

of the Atomic Energy Act of 1954 as amended; and

(2) is classified by the Federal Government as low-level waste,

consistent with existing law; but does not include waste generated

as a result of atomic energy defense activities of the Federal

Government, as defined in Public Law 96-573, or Federal research

and development activities.

(1) "Management" means the reproduction, collection,

consolidation, storage, packaging or treatment of low-level waste.

(in) "Operator" means a person who operates a regional facility.

(n) "Party state" means any state that has become a party in

accordance with Article 5 of this compact.

(o) "Person" means an individual, corporation, partnership or other

legal entity, whether public or private.

(p) "Region" means the combined geographic area within the

boundaries of the party states.

(q) "Regional facility" means a facility within any party state

which has been approved by the Commission for the disposal of lowlevel waste.

(r) "Shallow land burial" means the disposal of low-level

radioactive waste directly in subsurface trenches without additional

confinement in engineered structures or by proper packaging in

containers as determined by the law of the host state.

(s) "Transuranic waste" means low-level waste containing

radionuclides with an atomic number greater than 92 which are

excluded from shallow-land burial by the Federal Government.

(A) Creation and Organization.

(I) Creation-There is hereby created the Appalachian States

Low-Level Radioactive Waste Commission. The Commission is

hereby created as a body corporate and politic, with succession for

the duration of this compact, as an agency and instrumentality of

the governments of the respective signatory parties, but separate

370

Establishment.
and distinct from the respective signatory party states. The

Commission shall have central offices located in Pennsylvania.

(2) Commission Membership-The Commission shall consist

of two voting members from each party state to be appointed

according to the laws of each party state and two additional voting

members from each host state to be appointed according to the laws

of each host state. Upon selection of the site of the regional

facility, an additional voting member shall be appointed to the

Commission who shall be a resident of the county or municipality

where the facility is to be located. The appointing authority of each

party state shall notify the Commission in writing of the identities

of the members and of any alternates. An alternate may vote and

act in the member's absence. No member shall have a financial

interest in any industry which generates low-level radioactive

waste, any low-level radioactive waste regional facility or any

related industry for the duration of the member's term. No more

than one-half the members and alternates from any party state shall

have been employed by or be employed by a low-level waste

generator or related industry upon appointment to or during their

tenure of office; provided, that no member shall have been

employed by or be employed by a regional facility operator. No

member or alternate from any party state shall accept employment

from any regional facility operator or brokers for at least three

years after leaving office.

(3) Compensation-Members of the Commission and alternates

shall serve without compensation from the Commission but may be

reimbursed for necessary expenses incurred in and incident to the

performance of their duties.

(4) Voting Power-Each Commission member is entitled to one

vote. Unless otherwise provided in this compact, affirmative votes

by a majority of a host state's members are necessary for the

Commission to take any action related to the regional facility and

the disposal and management of low-level waste within that host

state.

(5) Organization and -

(a) The Commission shall provide for its own organization and

procedures and shall adopt by-laws not inconsistent with this

compact and any rules and regulations necessary to implement this

compact. It shall meet at least once a year in the county selected to

host a regional facility and shall elect a chairman and vice

chairman from among its members. In the absence of the chairman,

the vice chairman shall serve.

Public (b) All meetings of the Commission shall be open to the public

information, with at least 14 days' advance notice, except that the chairman may

convene an emergency meeting with less advance notice. Each

municipality and county selected to host a regional facility shall be

specifically notified in advance of all Commission meetings. All

meetings of the Commission shall be conducted in a manner that

substantially conforms to the Administrative Procedure Act (5

U.S.C. Chapter 5, Subchapter II, and Chapter 7). The Commission

may, by a two-thirds vote, including approval of a majority of each

host state's Commission members, hold an Executive Session

371
closed to the public for the purpose of: considering or discussing

legally privileged or proprietary information; to consider dismissal,

disciplining of or hearing complaints or charges brought against an

employee or other public agents unless such person requests such

public hearing; or to consult with its attorney regarding

information or strategy in connection with specific litigation. The

reason for the Executive Session must be announced at least 14

days prior to the Executive Session, except that the chairman may

convene an emergency meeting with less advance notice, in which

case the reason for the Executive Session must be announced at the

open meeting immediately subsequent to the Executive Session.

All action taken in violation of this open meeting shall be null and

void.

Records. (c) Detailed written minutes shall be kept of all meetings of the

Public Commission. All decisions, files, records and data of the

Information. Commission, except for information privileged against

introduction in judicial proceedings, personnel records and minutes

of a properly convened Executive Session, shall be open to public

inspection subject to a procedure that substantially conforms to the

Freedom of Information Act (Public Law 89-554, 5 USC

section552) and applicable Pennsylvania law and may be copied

upon request and payment of fees which shall be no higher than

necessary to recover copying costs.

(d) The Commission shall select an appropriate staff, including

an Executive Director, to carry out the duties and functions

assigned by the Commission. Notwithstanding any other provision

of law, the Commission may hire and/or retain its own legal

counsel.

(e) Any person aggrieved by a final decision of the

Commission which adversely affects the legal rights, duties or

privileges of such person may petition a court of competent

jurisdiction, within 60 days after the Commission's final decision,

to obtain judicial review of said final decisions.

(f) Liabilities of the Commission shall not be deemed liabilities

of the party states. Members of the Commission shall not be

personally liable for actions taken in their official capacity.

(B) Powers and Duties.

The Commission:

Regulations. (a) Shall conduct research and establish regulations to promote a

Research and reasonable reduction of volume and curie content of low-level wastes

development, generated in the region. The regulations shall be reviewed and, if

necessary, revised by the Commission at least annually.

(b) Shall ensure, to the extent authorized by Federal law, that lowlevel wastes are safely disposed of within the region except that the

Commission shall have no power or authority to license, regulate or

otherwise develop a regional facility, such powers and authority being

reserved for the host state(s) as permitted under the law.

(c) Shall designate as "host states" any party state which generates

25 percent or more of Pennsylvania's volume or total curie content of

low-level waste generated based on a comparison of averages over

three successive years, as determined by the Commission. This

372
determination shall be based on volume or total curie content,

whichever is greater.

(d) Shall ensure, to the extent authorized by Federal law, that lowlevel waste packages brought into the regional facility for disposal

conform to applicable state and Federal regulations. Low-level waste

brokers or generators who violate these regulations will be subject to a

fine or other penalty imposed by the Commission, including restricted

access to a regional facility. The Commission may impose such fines

and/or penalties in addition to any other penalty levied by the party

states pursuant to Article 4(D).

(e) Shall establish such advisory committees as it deems necessary

for the purpose of advising the Commission on matters pertaining to

the management and disposal of low-level waste.

Contracts. (f) May contract to accomplish its duties and effectuate its powers

subject to projected available resources. No contract made by the

Commission shall bind a party state.

(g) Shall prepare contingency plans for management and disposal

of low-level waste in the event any regional facility should be closed

or otherwise unavailable.

Records. (h) Shall examine all records of operators of regional facilities

pertaining to operating costs, profits or the assessment or collection of

any charge, fee or surcharge and may make recommendations to the

host state(s) which shall review the recommendations in accordance

with its (their) own sovereign laws.

(i) Shall have the power to sue and be suedsubject to Article

(2)(A)(5)(e) and may seek to intervene in any administrative or

judicial proceeding.

(j) Shall assemble and make available, to the party states and to the

public, information concerning low-level waste management and

disposal needs, technologies, and problems.

Records. (k) Shall keep current and annual inventories of all generators by

name and quantity of low-level waste generated within the region,

based upon information provided by the party states. Inventory

information shall include both volume in cubic feet and total curie

content of the low-level waste and all available information on

chemical composition and toxicity of such wastes.

Records. (1) Shall keep an inventory of all regional facilities and specialized

facilities, including, but not necessarily restricted to, information on

their size, capacity and location, as well as specific wastes capable of

being managed, and the projected useful life of each regional facility.

Reports. (in) Shall make and publish an annual report to the governors of

the signatory party states and to the public detailing its programs,

operations and finances, including copies of the annual budget and the

independent audit required by this compact.

Contracts. (n) Notwithstanding any other provision of this compact to the

contrary, may, with the unanimous approval of the Commission

members of the host state(s), enter into temporary agreements with

non-party states or other regional boards for the emergency disposal of

low-level waste at the regional facility, if so authorized by law(s) of

the host state(s), or other disposal facilities located in states that are

not parties to this agreement.

373
Regulations. (o) Shall promulgate regulations, pursuant to host state law, to

specifically govern and define exactly what would constitute an

emergency situation and exactly what restrictions and limitations

would be placed on temporary agreements.

(p) Shall not accept any donations, grants, equipment, supplies,

materials or services, conditional or otherwise, from any source,

except from any Federal agency and from party states which are

certified as being legal and proper under the laws of the donating party

state.

(C) Budget and Operation.

(1) Fiscal Year-The Commission shall establish a fiscal year

which conforms to the fiscal year of the Commonwealth of

Pennsylvania.

(2) Current Expense Budget-Upon legislative enactment of this

compact by two party states and each year until the regional facility

becomes available, the Commission shall adopt a current expense

budget for its fiscal year. The budget shall include the Commission's

estimated expenses for administration. Such expenses shall be

allocated to the party states according to the following formula:

Each designated initial host state will be allocated costs equal

to twice the costs of the other party states, but such costs will not

exceed $200,000.

Each remaining party state will be allocated a cost of one half

the cost of the initial host state, but such cost will not exceed

$100,000.

The party states will include the amounts allocated above in

their respective budgets, subject to such review and approval as

may be required by their respective budgetary processes. Such

amounts shall be due and payable to the Commission in quarterly

installments during the fiscal year.

(3) Annual Budget Request-For continued funding of its activities,

the Commission shall submit an annual budget request to each party

state for funding, based upon the percentage of the region's waste

generated in each state in the region, as reported in the latest available

annual inventory required under Article 2(B)(k). The percentage of

waste shall be based on volume of waste or total curie content as

determined by the Commission.

(4) Annual Report to Include Budget-The Commission shall

prepare and include in the annual report a budget showing anticipated

receipts and disbursements for the ensuing year.

(5) Annual Independent Audit-

(a) As soon as practible after the closing of the fiscal year, an

audit shall be made of the financial accounts of the Commission. The

audit shall be made by qualified certified public accountants selected

by the Commission, who have no personal direct or indirect interest in

the financial affairs of the Commission or any of its officers or

employees

Reports. The report of audit shall be prepared in accordance with accepted accounting practices and shall be filed with the chairman and such

other officers s the Commission shall direct. Copies of the report shall

be distributed to each Commission member and shall be made

Public available for public distribution.

information.

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(b) Each signatory party, by its duly authorized officers, shall

be entitled to examine and audit at any time all of the books,

documents, records, files and accounts and all other papers, things

or property of the Commission. The representatives of the

signatory parties shall have access to all books, documents,

records, accounts, reports, files and all other papers, things or

property belonging to or in use by the Commission and necessary

to facilitate the audit; and they shall be afforded full facilities for

verifying transactions with the balances or securities held by

depositaries, fiscal agents and custodians.

Article HI-Rights, Responsibilities And Obligations Of Party States

(A) Regional Facilities.

There shall be regional facilities sufficient to dispose of the low-level

waste generated within the region. Each regional facility shall be capable

of disposing of such low-level waste but in the form(s) required by

regulations or license conditions. Specialized facilities for particular types

of low-level waste management, reduction or treatment may not be

developed in any party state unless they are in accordance with the laws

and regulations of such state and applicable Federal laws and regulations.

(B) Equal Access to Regional Facilities.

Public health Each party state shall have equal access as other party states to

and safety. regional facilities located within the region and accepting low-level waste,

provided, however, that the host state may close the regional facility

located within its borders when necessary for public health and safety.

However, a host state shall send notification to the Commission in writing

within three (3) days of this action and shall, within thirty (30) working

days, provide in writing the reasons for the closing.

(C) Initial Host State.

Pennsylvania and party states which generate 25 percent or more of

the volume or curies of low-level waste generated by Pennsylvania, based

on a comparison of averages over the three years 1982 through 1984, are

designated as "initial host states" and are required to develop and host

low-level waste sites as regional facilities. The percentage of waste from

each state shall be determined by cubic foot volume or total curie content,

whichever is greater.

(D) Exemption From Being Initial Host State.

Party states which generate less than 25 percent of the volume or

curies of low-level waste generated by Pennsylvania, based on a

comparison of averages over the years 1982 through 1984, shall be

exempt from initial host state responsibilities. These states shall continue

to be exempt as long as they generate less that 25 percent threshold over

successive 3-year periods. Once a state generates an average of 25 percent

or more of the volume or curies generated by Pennsylvania over a

successive 3-year period, it shall be designated as a "host state" for a 30-

year period by the Commission and shall immediately initiate

development of a regional facility to be operational within five years.

Such host state shall be prepared to accept at its regional facility low-level

waste at least equal to that generated in the state. With Commission

approval, any party state may volunteer to host a regional facility. The

percentage of waste from each state shall be determined by either a cubic

foot volume or total curie content, whichever is greater.

375
Environmental

protection.

Public health

and safety.

Reports.

(E) Useful Life of Regional Facilities.

Pennsylvania and other host states are obligated to develop regional

facilities for the duration of this compact. All regional facilities shall be

designed for at least a 30-year useful life. At the end of the facility's life,

normal closure and maintenance procedures shall be initiated in

accordance with the applicable requirements of the host state and the

Federal Government. Each host state's obligation for operating regional

facilities shall remain as long as the state continues to produce over a 3-

year period 25 percent or more of the volume or curies of low-level waste

generated by Pennsylvania.

(F) Duties of Host State.

Each host state shall:

(a) Cause a regional facility to be sited and developed on a timely

basis.

(b) Ensure by law, consistent with applicable state and Federal law,

the protection and preservation of public health, safety and

environmental quality in the siting, design, development, licensure or

other regulation, operation, closure, decommissioning, long-term care

and the institutional control period of the regional facility within the

state. To the extent authorized by Federal law, a host state may adopt

more stringent laws, rules or regulations than required by Federal law.

(c) Ensure and maintain a manifest system which documents all

waste-related activities of generators, brokers, carriers and related

activities of generators, brokers, carriers and operators, and establish

the chain of custody of waste from its initial generation to the end of

its hazardous life. Copies of all such manifests shall be submitted to

the Commission on a timely basis.

(d) Ensure that charges for disposal of low-level waste at the

regional facility are sufficient to fully fund the safe disposal and

perpetual care of the regional facility and that charges are assessed

without discrimination as to the party state of origin.

(e) Submit an annual report to the Commission on the status of the

regional facility which contains projections of the anticipated future

capacity.

(f) Notify the Commission immediately if any exigency arises

requiring the possible temporary or permanent closure of a regional

facility within the state at a time earlier than was projected in the

state's most recent annual report to the Commission.

(g) Require that the institutional control period of any disposal

facility be at least as long as the hazardous life, as defined in Article

1(h), of the radioactive materials that are disposed at that facility.

(h) Prohibit the use of any shallow land burial, as defined in

Article 1M), and develop alternative means for treatment, storage and

disposal of low-level waste.

(i) Establish by law, to the extent not prohibited by Federal law,

requirements for financial responsibility, including, but not limited to:

(i) Requirements for the purchase and maintenance of adequate

insurance by generators, brokers, carriers and operators of the

regional facility;

(ii) Requirements for the establishment of a long-term care

fund to be funded by a fee placed on generators to pay for

376
preventative or corrective measures of low-level waste to the

regional facility; and

(iii) Any further financial responsibility requirements that shall

be submitted by generators, brokers, carriers and operators as

deemed necessary by the host state.

(G) Duties of Party State.

Each party state:

(a) Shall appropriate its portion of the Commission's initial and

annual budgets as set out in Article 2(C)(2) and (3).

(b) To the extent authorized by Federal law shall develop and

enforce procedures requiring low-level waste shipments originating

within its borders and destined for a regional facility to conform to

volume reduction, packaging and transportation requirements and

regulations as well as any other requirements specified by the regional

facility. Such procedures shall include, but are not limited to:

(i) Periodic inspections of packaging and shipping practices;

(ii) Periodic inspections of low-level waste containers while in

custody of carriers; and

(iii) Appropriate enforcement actions with respect to violations.

(c) To the extent authorized by Federal law, shall, after receiving notification from a host state or other person that a person in a party

state has violated volume reduction, packaging, shipping or

transportation requirements or regulations, take appropriate action to

ensure that violations do not recur. Appropriate action shall include,

but is not limited to, the requirement that a bond be posted by the

violator to pay the cost of repackaging at the regional facility and the

requirement that future shipments be inspected. Appropriate action

may also include suspension of the violator's use of the regional

facility. Should such suspension be imposed, the suspension shall

remain in effect until such time as the violator has, to the satisfaction

of the party state imposing such suspension, complied with the

appropriate requirements or regulations upon which the suspension

was based and has taken appropriate action to ensure that such

violation or violations do not recur.

Records. (d) Shall maintain a registry of all generators and quantities

generated within the state.

(H) Liability.

In the event of liability arising from the operation of any regional

facility and during and after closure of that facility, each party state shall

share in that liability in an amount equal to that state's share of the

region's low-level waste disposed of at the facility, part of a host state or

any party state, then any other host or party state(s) may make any claim

allowable under law for that negligence, malfeasance or neglect. If such

liability arises from a particular waste shipment or shipments to, or

quantity of waste or condition at, the regional facility, then any host or

party state may make any claim allowable under law for such liability.

The percentage of waste shall be based on volume of waste or total curie

content.

Claims. (I) Failure of Party State to Fulfill Obligations. A party state which fails to fulfill its obligations, including timely

funding of the Commission, may have its privileges under the Compact

suspended or its membership in the Compact revoked by the Commission

377
Public health

and safety.

Environmental

protection.

and be subject to any other legal equitable remedies available to the party

states.

Article IV-Prohibited Acts And Penalties

(A) Prohibition.

It shall be unlawful for any person to dispose of low-level waste

within the region except at a regional facility unless authorized by the

Commission.

(B) Waste Disposed of Within Region.

After establishment of the regional facility(s), it shall be unlawful for

any person to dispose of any low-level waste within the region unless the

waste was generated within the region or unless authorized to do so both

by the Commission and by law of the host state in which said disposal

takes place. For the purpose of this compact, waste generated within the

region excludes radioactive material shipped from outside the party states

to a waste management facility within the region. In determining whether

to grant such authorization, the factors to be considered by the

Commission shall include, but not be limited to, the following:

(a) The impact on the health, safety and environmental quality of

the citizens of the party states;

(b) The impact of importing waste on the available capacity and

projected life of the regional facility;

(c) The availability of a regional facility appropriate for the safe

disposal of the type of low-level waste involved.

(C) Waste Generated Within Region.

Any and all low-level waste generated within the region shall be

disposed of at a regional facility, except for specific cases agreed upon by

the Commission, with the affirmative votes by a majority of the

Commission members of the host state(s) affected by the decision.

(D) Liability.

Generators, brokers and carriers of wastes, and owners and operators

of sites shall be liable for their acts, omissions, conduct or relationships in

accordance with all laws relating thereto. The party states shall impose a

fine for any violation in an amount equal to the present and future costs

associated with correcting any harm caused by the violation and shall

assess punitive fines or penalties if it is deemed necessary. In addition,

the host state shall bar any person who violates host state or Federal

regulations from using the regional facility until that person demonstrates

to the satisfaction of the host state the ability and willingness to comply

with the law.

(E) Conflict of Interest.

(1) ProhibitionsNo commissioner, officer or employee shall:

(a) Be financially interested, either directly or indirectly, in a

contract, sale, purchase, lease or transfer of real or personal

property to which the Commission is a party.

(b) Solicit or accept money or any other thing of value in

addition to the expenses paid to him by the Commission for

services performed within the scope of his official duties.

(c) Offer money or anything of value for or in consideration of

obtaining an appointment, promotion or privilege in his

employment with the Commission.

378
Employment

and

unemployment.

Contracts.

Delaware.

Maryland

Pennsylvania.

West Virginia.

Effective dates.

(2) Forfeiture of Office or Employment-Any officer or employee

who shall willfully violate any of the provisions of this section shall

forfeit his office or employment.

(3) Agreement Void-Any contract or agreement knowingly made

in contravention of this section is void.

(4) Criminal and Civil SanctionsOfficers and employees of the Commission shall be subject, in

addition to the provisions of this section, to such criminal and civil

sanctions for misconduct in office as may be imposed by Federal law

and the law of the signatory state in which such misconduct occurs.

Article V-Eligibility, Entry Into Effect, Congressional Consent,

Withdrawal

(A) Eligibility.

Only the States of Pennsylvania, West Virginia, Delaware and

Maryland are eligible to become parties to this compact.

(B) Entry into Effect.

An eligible state may become a party state by legislative enactment of

this compact or by executive order of the governor adopting this compact;

provided, however, a state becoming a party state by executive order shall

cease to be a party state upon adjournment of the first federal session of its

legislature convened thereafter, unless the legislature shall have enacted

this compact before such adjournment.

(C) Congressional Consent.

This compact shall take effect when it has been enacted by the

legislatures of Pennsylvania and one or more eligible states. However,

Article 4 (B) and (C) shall not take effect until Congress has consented to

this compact. Every fifth year after such consent has been given, Congress

may withdraw consent.

(D) Withdrawal.

A party state may withdraw from the compact by repealing the

enactment of this compact, but no such withdrawal shall become effective

until two years after enactment of the repealing legislation. If the

withdrawing state is a host state, any regional facility in that state shall

remain available to receive low-level waste generated within the region

until five years after the effective date of the withdrawal.

Article VI-Construction And Severability

(A) Construction.

The provisions of this compact shall be broadly construed to carry out

the purposes of the compact, but the sovereign powers of a party state

shall not unnecessarily be infringed.

(B) Severability.

If any part or application of this compact is held invalid, the

remainder, or its application to other situations or persons, shall not be

affected.

379
E. SOUTHWESTERN LOW-LEVEL RADIOACTIVE

WASTE DISPOSAL COMPACT CONSENT ACT

Public Law 100-712 102 Stat. 4773

Nov. 23, 1988

An Act

Southwestern To grant the consent of the Congress to the Southwestern Low-Level

Low-Level Radioactive Waste Disposal Compact.

Radioactive

Waste Disposal Be it enacted by the Senate and House of Representatives of the United

Compact States ofAmerica in Congress assembled,

Consent Act.

See. 1. Short Title.

42 USC 2021d This Act may be cited as the "Southwestern Low-Level Radioactive

note. Waste Disposal Compact Consent Act."

Environmental Sec. 2. Congressional Finding.

protection. The Congress finds that the compact set forth in section 5 is in

42 USC 2021 d furtherance of the Low-Level Radioactive Waste Policy Act.

note. Sec. 3. Conditions of Consent to Compact.

42 USC 2021 d The consent of the Congress to the compact set forth in section 5-

note. (1) shall become effective on the date of the enactment of this Act;

(2) is granted subject to the provisions of the Low-Level

Radioactive Waste Policy Act; and

(3) is granted only for so long as the regional commission

established in the compact complies with all of the provisions of such

Act.

Sec. 4. Congressional Review.

42 USC 2021 d The Congress may alter, amend, or repeal this Act with respect to the

note. compact set forth in section 5 after the expiration of the 10-year period

following the date of enactment of this Act, and at such intervals

thereafter as may be provided in such compact.

Sec. 5. Southwestern Low-Level Radioactive Waste Compact.

State listing. In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act (42 USC 202 1 d(a)(2)), the consent of Congress is given

to the states of Arizona, California, and any eligible states, as defined in

article VII of the Southwestern Low-Level Radioactive Waste Disposal

Compact, to enter into such compact. Such compact is substantially as

follows:

Article I-Compact Policy And Formation

The party states hereby find and declare all of the following:

(A) The United States Congress, by enacting the Low-Level

Radioactive Waste Policy Act, Public Law 96-573, as amended by the

Low-Level Radioactive Waste Policy Amendments Act of 1985 (42

USC section 202 1b to 202 1j, incl.), has encouraged the use of

interstate compacts to provide for the establishment and operation of

facilities for regional management of low-level radioactive waste.

(3) It is the purpose of this compact to provide the means for such

a cooperative effort between or among party states to protect the

citizens of the states and the states' environments.

380
(C) It is policy of party states to this compact to encourage the

reduction of the volume of low-level radioactive waste requiring

disposal within the compact region. Public health (D) It is the policy of the party states that the protection of the

and safety. health and safety of their citizens and the most ecological and

economical management of low-level radioactive wastes can be

accomplished through cooperation of the states by minimizing the

amount of handling and transportation required to dispose of these

wastes and by providing facilities that serve the compact region.

(E) Each party state, if an agreement state pursuant to section 2021

of Title 42 of the United States Code, or the Nuclear Regulatory

Commission if not an agreement state, is responsible for the primary

regulation of radioactive materials within its jurisdiction.

Article II-Definitions

As used in this compact, unless the context clearly indicates otherwise,

the following definitions apply:

(A) "Commission" means the Southwestern Low-Level

Radioactive Waste Commission established in article III of this

compact.

(B) "Compact region" or "region" means the combined

geographical area with the boundaries of the party states.

(C) "Disposal" means the permanent isolation of low-level

radioactive waste pursuant to requirements established by the Nuclear

Regulatory Commission and the Environmental Protection Agency

under applicable laws, or by a party state if the state hosts a disposal

facility.

(D) "Generate," when used in relation to low-level radioactive

waste, means to produce low-level radioactive waste.

(E) "Generator" means a person whose activity, excluding the

management of low-level radioactive waste, results in the production

of low-level radioactive waste.

(F) "Host county" means a county, or similar political subdivision

of a party state, in which a regional disposal facility is located or being

developed.

(G) "Host state" means a party state in which a regional disposal

facility is located or being developed. The state of California is the

host state under this compact for the first thirty years from the date the

California regional disposal facility commences operations.

(H) "Institutional control period" means that period of time in

which the facility license is transferred to the disposal site owner in

compliance with the appropriate regulations for long-term observation

and maintenance following the postclosure period.

(I) "Low-level radioactive waste" means regulated radioactive

material that meets all of the following requirements:

(1) The waste is not high-level radioactive waste, spent

nuclear fuel, or by-product material (as defined in section 11 e(2) of

the Atomic Energy Act of 1954 (42 USC section 2014(e)(2)).

(2) The waste is not uranium mining or mill tailings.

(3) The waste is not any waste for which the Federal

Government is responsible pursuant to subdivision (b) of section 3

381
of the Low-Level Radioactive Waste Policy Amendments Act of

1985 (42 USC section 202 lc(b)).

(4) The waste is not an alpha emitting transuranic nuclide with

a half-life greater than five years and with a concentration greater

than one hundred nanocuries per gram, or plutonium-241 with a

concentration greater than three thousand five hundred nanocuries

per gram, or curium-242 with a concentration greater than twenty

thousand nanocuries per gram.

(J) "Management" means collection, consolidation, storage,

packaging, or treatment.

(K)"Major generator state" means a party state which generates 10

percent of the total amount of low-level radioactive waste produced

within the compact region and disposed of at the regional disposal

facility. If no party state other than California generates at least ten

percent of the total amount, "Major generator state" means the party

state which is second to California in the amount of waste produced

within the compact region and disposed of at the regional disposal

facility.

(L) "Operator" means a person who operates a regional disposal

facility.

(M) "Party state" means any state that has become a party in

accordance with article VII of this compact.

(N) "Person" means an individual, corporation, partnership, or

other legal entity, whether public or private.

(0) "Postclosure period" means that period of time after

completion of closure of a disposal facility during which the licensee

shall observe, monitor, and carry out necessary maintenance and

repairs at the disposal facility to assure that the disposal facility will

remain stable and will not need ongoing active maintenance. This

period ends with the beginning of the institutional control period.

(P) "Regional disposal facility" means a non-Federal low-level

radioactive waste disposal facility established and operated under this

compact.

(Q) "Site closure and stabilization" means the activities of the.

disposal facility operator taken at the end of the disposal facility's

operating life to assure the continued protection of the public from any

residual radioactive or other potential hazards present at the disposal

facility.

(R) "Transporter" means a person who transports low-level

radioactive waste.

(S) "Uranium mine and mill tailings" means waste resulting from

mining and processing of ores containing uranium.

Article III-The Commission

Establishment. (A) There is hereby established the Southwestern Low-Level

Radioactive Waste Commission.

(1) The Commission shall consist of one voting member from each

party state to be appointed by the governor, confirmed by the senate of

that party state, and to serve at the pleasure of the governor of each

party state, and one voting member from the host county. The

appointing authority of each party state shall notify the Commission in

382
writing of the identity of the member and any alternates. An alternate

may act in the member's absence.

(2) The host state shall also appoint that number of additional

voting members of the Commission which is necessary for the host

state's members to compose at least 51 percent of the membership on

the Commission. The host state's additional members shall be

appointed by the host state governor and confirmed by the host state

senate.

If there is more than one host state, only the state in which is

located the regional disposal facility actively accepting low-level

radioactive waste pursuant to this compact may appoint these

additional members.

(3) If the host county has not been selected at the time the

Commission is appointed, the governor of the host state shall appoint

an interim local government member, who shall be an elected

representative of a local government. After a host county is selected,

the interim local government member shall resign and the governor

shall appoint the host county member pursuant to paragraph (4).

(4) The governor shall appoint the host county member from a list

of at least seven candidates compiled by the board of supervisors of

the host county.

(5) In recommending and appointing the host county member

pursuant to paragraph (4), the board of supervisors and the governor

shall give first consideration to recommending and appointing the

members of the board of supervisors in whose district the regional

disposal facility is located or being developed. If the board of

supervisors of the host county does not provide a list to the governor

of at least seven candidates from which to choose, the governor shall

appoint a resident of the host county as the host county member.

(6) The host county member is subject to confirmation by the

senate of that party and shall serve at the pleasure of the governor of

the host state.

(B) The Commission is a legal entity separate and distinct from the

party states and shall be so liable for its actions. Members of the

Commission shall not be personally liable for actions taken in their

official capacity. The liabilities of the Commission shall not be deemed

liabilities of the party states.

(C) The Commission shall conduct its business affairs pursuant to the

laws of the host state and disputes arising out of Commission action shall

be governed by the laws of the host state. The Commission shall be

located in the capital city of the host state in which the regional disposal

facility is located.

Public (D) The Commission's records shall be subject to the host state's

information, public records law, and the meetings of the Commission shall be open and

Records. public in accordance with the host state's open meeting law.

(E) The Commission members are public officials of the appointing

state and shall be subject to the conflict of interest laws, as well as any

other law, of the appointing state. The Commission members shall be

compensated according to the appointing state's law.

(F) Each Commission member is entitled to one vote. A majority of

the Commission constitutes a quorum. Unless otherwise provided in this

383
capacity, a majority of the total number of votes on the Commission is

necessary for the Commission to take any action.

(G) The Commission has all of the following duties and authority:

(1) The Commission shall do, pursuant to the authority granted by

this compact, whatever is reasonably necessary to ensure that lowlevel radioactive wastes are safely disposed of and managed within the

region.

(2) The Commission shall meet at least once a year and otherwise

as business requires.

(3) The Commission shall establish a compact surcharge to be

imposed upon party state generators. The surcharge shall be based

upon the cubic feet of low-level radioactive waste and the radioactivity

of the low-level radioactive waste and shall be collected by the

operator of the disposal facility.

The host state shall set, and the Commission shall impose, the

surcharge after congressional approval of the compact. The amount of

the surcharge shall be sufficient to establish and maintain at a

reasonable level funds for all of the following purposes:

(a) The activities of the Commission and Commission staff.

(b) At the discretion of the host state, a third-party liability fund

to provide compensation for injury to persons or property during

the operational, closure, stabilization, and postclosure and

institutional control periods of the regional disposal facility. This

subparagraph does not limit the responsibility or liability of the

operator, who shall comply with any federal or host state statutes

or regulations regarding third-party liability claims.

(c) A local government reimbursement fund, for the purpose of

reimbursing the local government entity or entities hosting the

regional disposal facility for any costs or increased burdens on the

local governmental entity for services, including, but not limited

to, general fund expenses, the improvement and maintenance of

roads and bridges, fire protection, law enforcement, monitoring by

local health officials, and emergency preparation and response

related to the hosting of the regional disposal facility.

(4) The surcharges imposed by the Commission for purposes of

subparagraphs (b) and (c) of paragraph (3) and surcharges pursuant to

paragraph (3) of subdivision (E) of article IV shall be transmitted on a

monthly basis to the host state for distribution to the proper accounts.

(5) The Commission shall establish a fiscal year which conforms to

the fiscal years of the party states to the extent possible.

Records. (6) The Commission shall keep an accurate account of all receipts

and disbursements. An annual audit of the books of the Commission

shall be conducted by an independent certified public accountant, and

the audit report shall be made a part of the annual report of the

Commission.

Reports. (7) The Commission shall prepare and include in the annual report

a budget showing anticipated receipts and disbursements for the

subsequent fiscal year.

Gifts and (8) The Commission may accept any grants, equipment, supplies,

property. materials, or services, conditional or otherwise, from the federal or

state government. The nature, amount and condition, if any, of any

donation, grant or other resources accepted pursuant to this paragraph

384
and the identity of the donor or grantor shall be detailed in the annual

report of the Commission.

However, the host state shall receive, for the uses specified in

subparagraph (E) of paragraph (2) of subsection (d) of section 2021 e

of Title 42 of the United States Code, any payments paid from the

special escrow account for which the Secretary of Energy is trustee

pursuant to subparagraph (A) of paragraph (2) of subsection (d) of

section 2021 e of Title 42 of the United States Code.

Reports. (9) The Commission shall submit communications to the governors

to the presiding officers of the legislatures of the party states regarding

the activities of the Commission, including an annual report to be

submitted on or before January 15 of each year. The Commission

shall include in the annual report a review of, and recommendations

for, low-level radioactive waste disposal methods which are

alternative technologies to the shallow land burial of low-level

radioactive waste.

Public (10) The Commission shall assemble and make available to the

information, party states, and to the public, information concerning low-level

radioactive waste management needs, technologies, and problems.

Records. (11) The Commission shall keep a current inventory of all

generators within the region, based upon information provided by the

party states.

Records. (12) The Commission shall keep a current inventory of all regional

disposal facilities, including information on the size, capacity,

location, specific low-level radioactive wastes capable of being

managed, and the projected useful life of each regional disposal

facility.

(13) The Commission may establish advisory committees for the

purpose of advising the Commission on the disposal and management

of low-level radioactive waste.

(14) The Commission may enter into contracts to carry out its

duties and authority, subject to projected resources. No contract made

by the Commission shall bind a party state.

(15) The Commission shall prepare contingency plans, with the

cooperation and approval of the host state, for the disposal and

management of low-level radioactive waste in the event that any

regional disposal facility should be closed.

(16) The Commission may sue and be sued and, when authorized

by a majority vote of the members, may seek to intervene in an

administrative or judicial proceeding related to this compact.

(17) The Commission shall be managed by an appropriate staff,

including an executive director. Notwithstanding any other provision

of law, the Commission may hire or retain, or both, legal counsel.

(18) The Commission may, subject to applicable federal and state

laws, recommend to the appropriate host state authority suitable land

and rail transportation routes for low-level radioactive waste carriers.

(19) The Commission may enter into an agreement to import lowlevel radioactive waste into the region only if both of the following

requirements are met-

(a) The Commission approves the importation agreement by a

two-thirds vote of the Commission.

385
(b) The Commission and the host state assess the affected

regional disposal facilities' capability to handle imported low-level

radioactive wastes and any relevant environmental or economic

factors, as defined by the host state's appropriate regulatory

authorities.

(20) The Commission may, upon petition, allow an individual

generator, a group of generators, or the host state of the compact, to

export low-level radioactive wastes to a low-level radioactive waste

disposal facility located outside the region. The Commission may

approve the petition only by a two-thirds vote of the Commission. The

permission to export low-level radioactive wastes shall be effective for

that period of time and for the amount of low-level radioactive waste,

and subject to any other term or condition, which may be determined

by the Commission.

(21) The Commission may approve, only by a two-thirds vote of

the Commission, the exportation outside the region of material, which

otherwise meets the criteria of low-level radioactive waste, if the sole

purpose of the exportation is to process the material for recycling.

(22) The Commission shall, not later than 10 years before the

closure of the initial or subsequent regional disposal facility, prepare a

plan for the establishment of the next regional disposal facility.

Article IV-Rights, Responsibilities, And Obligations Of Party States

(A) There shall be regional disposal facilities sufficient to dispose of

the low-level radioactive waste generated within the region.

(B) Low-level radioactive waste generated within the region shall be

disposed of at regional disposal facilities and each party state shall have

access to any regional disposal facility without discrimination.

(C)(1) Upon the effective date of this compact, the State of California

shall serve as the host state and shall comply with the requirements of

subdivision (E) for at least 30 years from the date the regional disposal

facility begins to accept low-level radioactive waste for disposal. The

extension of the obligation and duration shall be at the option of the State

of California.

If the State of California does not extend this obligation, the party

state, other than the State of California, which is the largest major

generator state shall then serve as the host state for the second regional

disposal facility.

The obligation of a host state which hosts the second regional disposal

facility shall also run for thirty years from the date the second regional

disposal facility begins operations.

Public health (2) The host state may close its regional disposal facility when

and safety. necessary for public health or safety.

(D) The party states of this compact cannot be members of another

regional low-level radioactive waste compact entered into pursuant to the

Low-Level Radioactive Waste Policy Act, as amended by the Low-Level

Radioactive Waste Policy Amendments Act of 1985 (42 USC sections

202 lb to 202 1j, incl.).

(E) A host state shall do all of the following:

(1) Cause a regional disposal facility to be developed on a timely

basis.

386
Public health

and safety.

Reports.

Commerce and

trade.

Transportation.

Utilities.

Records.

(2) Ensure by law, consistent with any applicable federal laws, the

protection and preservation of public health and safety in the siting,

design, development, licensing, regulation, operation, closure,

decommissioning, and long-term care of the regional disposal facilities

within the state.

(3) Ensure that charges for disposal of low-level radioactive waste

at the regional disposal facility are reasonably sufficient to do all of

the following:

(a) Ensure the safe disposal of low-level radioactive waste and

long-term care of the regional disposal facility.

(b) Pay for the cost of inspection, enforcement, and

surveillance activities at the regional disposal facility.

(c) Assure that charges are assessed without discrimination as

to the party state of origin.

(4) Submit an annual report to the Commission on the status of the

regional disposal facility including projections of the facility's

anticipated future capacity.

(5) The host state and the operator shall notify the Commission

immediately upon the occurrence of any event which could cause a

possible temporary or permanent closure of a regional disposal

facility.

(F) Each party state is subject to the following duties and authority:

(1) To the extent authorized by federal law, each party shall

develop and enforce procedures requiring low-level radioactive waste

shipments originating within its borders and destined for a regional

disposal facility to conform to packaging and transportation

requirements and regulations. These procedures shall include, but are

not limited to, all of the following requirements:

(a) Periodic inspections of packaging and shipping practices.

(b) Periodic inspections of low-level radioactive waste containers

while in the custody of transporters.

(c) Appropriate enforcement actions with respects to violations.

(2) A party state may impose a surcharge on the low-level

radioactive waste generators within the state to pay for activities

required by paragraph (1).

(3) To the extent authorized by federal law, each party state shall,

after receiving notification from a host state that a person in a party

state has violated packaging, shipping, or transportation requirements

or regulations, take appropriate actions to ensure that these violations

do not continue. Appropriate actions may include, but are not limited

to, requiring that a bond be posted by the violator to pay the cost of

repackaging at the regional disposal facility and prohibit future

shipments to the regional disposal facility.

(4) Each party state shall maintain a registry of all generators

within the state that may have low-level radioactive waste to be

disposed of at a regional disposal facility, including, but not limited to,

the amount of low-level radioactive waste and the class of low-level

radioactive waste generated by each generator.

(5) Each party state shall encourage generators within its borders to

minimize the volume of low-level radioactive waste requiring

disposal.

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(6) Each party state may rely on the good faith performance of the

other party states to perform those acts which are required by this

compact to provide regional disposal facilities, including the use of the

regional disposal facilities in a manner consistent with this compact.

(7) Each party state shall provide the Commission with any data

and information necessary for the implementation of the

Commission's responsibilities, including taking those actions

necessary to obtain this data or information.

(8) Each party state shall agree that only low-level radioactive

waste generated within the jurisdiction of the party states shall be

disposed of in the regional disposal facility, except as provided in

paragraph (19) of subdivision (G) of article III.

(9) Each party state shall agree that if there is any injury to persons

or property resulting from the operation of a regional disposal facility,

the damages resulting from the injury may be paid from the third-party

liability fund pursuant to subparagraph (b) of paragraph (3) of

subdivision (G) of article III, only to the extent that the damages

exceed the limits of liability insurance carried by the operator. No

party state, by joining this compact, assumes any liability resulting

from the siting, operation, maintenance, long-term care, or other

activity relating to a regional facility, and no party state shall be liable

for any harm or damage resulting from a regional facility not located

within the state.

Article V-Approval Of Regional Facilities

A regional disposal facility shall be approved by the host state in

accordance with its laws. This compact does not confer any authority on

the Commission regarding the siting, design, development, licensing, or

other regulation, or the operation, closure, decommissioning, or long-term

care of, any regional disposal facility within a party state.

Article VI-Prohibited Acts And Penalties

(A) No person shall dispose of low-level radioactive waste within the

region unless the disposal is at a regional disposal facility, except as

otherwise provided in paragraphs (20) and (21) of subdivision (G) of

article III.

(B) No person shall dispose of or manage any low-level radioactive

waste within the region unless the low-level radioactive waste was

generated within the region, except as provided in paragraphs (19), (20),

and (21) of subdivision (G) of article III.

(C) Violations of this section shall be reported to the appropriate law

enforcement agency within the party state's jurisdiction.

(D) Violations of this section may result in prohibiting the violator

from disposing of low-level radioactive waste in the regional disposal

facility, as determined by the Commission or the host state.

Article VII-Eligibility, Entry Into Effect, Congressional Consent,

Withdrawal, Exclusion

(A) The States of Arizona, North Dakota, South Dakota, and

California are eligible to become parties to this compact. Any other state

may be made eligible by a majority vote of the Commission and

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Effective date.

ratification by the legislatures of all of the party states by statute, and

upon compliance with those terms and conditions for eligibility which the

host state may establish. The host state may establish all terms and

conditions for the entry of any state, other than the states named in this

subparagraph, as a member of this compact.

(B) Upon compliance with the other provisions of this compact, an

eligible state may become a party state by legislative enactment of this

compact or by executive order of the governor of the state adopting this

compact. A state becoming a party state by executive order shall cease to

be a party state upon adjournment of the first general session of its

legislature convened after the executive order is issued, unless before the

adjournment the legislature enacts this compact.

(C) A party state, other than the host state, may withdraw from the

compact by repealing the enactment of this compact, but this withdrawal

shall not become effective until two years after the effective date of the

repealing legislation. If a party state which is a major generator of lowlevel radioactive waste voluntarily, withdraws from the compact pursuant

to this subdivision, that state shall make arrangements for the disposal of

the other party states' low-level radioactive waste for a time period equal

the period of time it was a member of this compact.

If the host state withdraws from the compact, the withdrawal shall not

become effective until five years after the effective date of the repealing

legislation.

(D) A party state may be excluded from this compact by a two-thirds

vote of the Commission members, acting in a meeting, if the state to be

excluded has failed to carry out any obligations required by compact.

(E) This compact shall take effect upon the enactment by statute by the

legislatures of the State of California and at least 1 other eligible state and

upon the consent of Congress and shall remain in effect until otherwise

provided by federal law. This compact is subject to review by Congress

and the withdrawal of the consent of Congress every 5 years after its

effective date, pursuant to federal law.

Article VHI-Construction And Severability

(A) The provisions of this compact shall be broadly construed to carry

out the purposes of the compact, but the sovereign powers of a party state

shall not be infringed unnecessarily.

(B) This compact does not affect any judicial proceeding pending on

the effective date of this compact.

(C) If any provision of this compact or the application thereof to any

person or circumstances is held invalid, that invalidity shall not affect

other provision or applications of the compact which can be given effect

without the invalid provision or application, and to this end the provisions

of this compact are severable.

(D) Nothing in this compact diminishes or otherwise impairs the

jurisdiction, authority, or discretion of either of the following:

(1) The Nuclear Regulatory Commission pursuant to the Atomic

Energy Act of 1954, as amended (42 USC section 2011 et seq.).

(2) An agreement state under section 274 of the Atomic Energy

Act of 1954, as amended (42 USC section 2021).

(E) Nothing in this compact confers any new authority on the states or

Commission to do any of the following:

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(1) Regulate the packaging or transportation of low-level

radioactive waste in a manner inconsistent with the regulations of the

Nuclear Regulatory Commission or the United States Department of

Transportation.

(2) Regulate health, safety, or environmental hazards from source,

by-product, or special nuclear material.

(3) Inspect the activities of licensees of the agreement states or of the

Nuclear Regulatory Commission.

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F. TEXAS LOW-LEVEL RADIOACTIVE WASTE

DISPOSAL COMPACT CONSENT ACT

Public Law 105-236 112 Stat. 1542

September 20, 1998

An Act

To grant the consent of the Congress to the Texas Low-Level Radioactive

Waste Disposal Compact.

Texas Low-Level Be it enacted by the Senate and House of Representatives of the

Radioactive United States ofAmerica in Congress assembled,

Waste Disposal

Compact Consent

Act.

42 USC 2021d

note.

42 USC 202 1d

note.

42 USC 2021 d

note.

Effective date.

42 USC 2021 d

note.

42 USC 2021d

note.

Maine,

Vermont.

Sec. 1. Short Title.

This Act may be cited as the "Texas Low-Level Radioactive Waste

Disposal Compact Consent Act."

Sec. 2. Congressional Finding.

The Congress finds that the compact set forth in section 5 is in

furtherance of the Low-Level Radioactive Waste Policy Act (42 USC

202 1b et seq.).

'Sec. 3. Conditions of Consent to Compact.

The Consent of the Congress to the compact set forth in section 5-

(1) shall become effect on the date of the enactment of this Act;

(2) is granted subject to the provisions of the Low-Level

Radioactive Waste Policy Act (42 USC 202 1b et seq.); and

(3) is granted only for so long as the regional commission

established in the compact complies with all of the provisions of such

Act.

Sec. 4. Congressional Review.

The Congress may alter, amend, or repeal this Act with respect to the

compact set forth in section 5 after the expiration of the 10-year period

following the date of the enactment of this Act, and at such intervals

thereafter as may be provided in such compact.

Sec. 5. Texas Low-Level Radioactive Waste Compact.

(a) CONSENT OF CONGRESS.-In accordance with section 4(a)(2)

of the Low-Level Radioactive Waste Policy Act (42 USC 2021 d(a)(2)),

the consent of Congress is given to the States of Texas, Maine, and

Vermont to enter into the compact set forth in subsection (b).

Article I. Policy And Purpose

SEC. 1.01. The party states recognize a responsibility for each state to

seek to manage low-level radioactive waste generated within its

boundaries, pursuant to the Low-Level Radioactive Waste Policy Act, as

amended by the Low-Level Radioactive Waste Policy Amendments Act

of 1985 (42 USC 2021b-2021j). They also recognize that the United

States Congress, by enacting the Act, has authorized and encouraged

states to enter into compacts for the efficient management and disposal of

low-level radioactive water. It is the policy of the party states to

391
cooperate in the protection of the health, safety, and welfare of their

citizens and the environment and to provide for and encourage the

economical management and disposal of low-level radioactive waste. It is

the purpose of this compact to provide the framework for such a

cooperative effort; to promote the health, safety, and welfare of the

citizens and the environment of the party states; to limit the number of

facilities needed to effectively, efficiently, and economically manage lowlevel radioactive waste and to encourage the reduction of the generation

thereof, and to distribute the costs, benefits, and obligations among the

party states; all in accordance with the terms of this compact.

Article II. Definitions

SEC. 2.01. As used in this compact, unless the context clearly

indicates otherwise, the following definitions apply:

(1) "Act" means the Low-Level Radioactive Waste Policy Act, as

amended by the Low-Level Radioactive Waste Policy Amendments

Act of 1985 (42 USC 202 lb-202 1j).

(2) "Commission" means the Texas Low-Level Radioactive Waste

Disposal compact Commission established in Article III of this

compact.

(3) "Compact facility" or "facility" means any site, location,

structure, or property located in and provided by the host state for the

purpose of management or disposal of low-level radioactive waste for

which the party states are responsible.

(4) "Disposal" means the permanent isolation of low-level

radioactive waste pursuant to requirements established by the United

States Nuclear Regulatory Commission and the United States

Environmental Protection Agency under applicable laws, or by the

host state.

(5) "Generate" when used in relation to low-level radioactive

waste, means to produce low-level radioactive waste.

(6) "Generator" means a person who produces or processes lowlevel radioactive waste in the course of its activities, excluding persons

who arrange for the collection, transportation, management, treatment,

storage, or disposal of waste generated outside the party states, unless

approved by the commission.

(7) "Host county" means a county in the host state in which a

disposal facility is located or is being developed.

(8) "Host state" means a party state in which a compact facility is

located or is being developed. The State of Texas is the host state

under this compact.

(9) "Institutional control period" means that period of time

following closure of the facility and transfer of the facility license

from the operator to the custodial agency in compliance with the

appropriate regulations for long-term observation and maintenance.

(10) "Low-Level radioactive waste" has the same meaning as that

term is defined in section 2(9) of the Act (42 USC 202lb(9)), or in the

host state statute so long as the waste is not incompatible with

management and disposal at the compact facility.

(11) "Management" means collection, consolidation, storage,

packaging, or treatment.

(12) "Operator" means a person who operates a disposal facility.

392
Establishment.

Records.

Records.

(13) "Party state" means any state that has become a party in

accordance with Article VII of this compact. Texas, Maine, and

Vermont are initial party states under this compact.

(14) "Person" means an individual, corporation, partnership or

other legal entity, whether public or private.

(15) "Transporter" means a person who transports low-level

radioactive waste.

Article III. The Commission

SEC. 3.01. There is hereby established the Texas Low-Level

Radioactive Waste disposal Compact Commission. The commission shall

consist of one voting member from each party state except that the host

state shall be entitled to six voting members. Commission members shall

be appointed by the party state governors, as provided by the laws of each

party state. Each party state may provide alternates for each appointed

member.

SEC. 3.02. A quorum of the commission consists of a majority of the

members. Except as otherwise provided in this compact, an official act of

the commission must receive the affirmative vote of a majority of its

members.

SEC. 3.03. The commission is a legal entity separate and distinct from

the party states and has governmental immunity to the same extent as an

entity created under the authority of Article XVI, section 59, of the Texas

Constitution. Members of the commission shall not be personally liable

for actions taken in their official capacity. The liabilities of the

commission shall not be deemed liabilities of the party states.

SEC. 3.04. The Commission shall:

(1) Compensate its members according to the host state's law.

(2) Conduct its business, hold meetings, and maintain public

records pursuant to laws of the host state, except that notice of public

meetings shall be given in the non-host party states in accordance with

their respective statutes.

(3) Be located in the capital city of the host state.

(4) Meet at least once a year and upon the call of the chair, or any

member. The governor of the host state shall appoint a chair and vicechair.

(5) Keep an accurate account of all receipts and disbursements.

An annual audit of the books of the commission shall be conducted by

an independent certified public accountant, and the audit report shall

be made a part of the annual report of the commission.

(6) Approve a budget each year and establish a fiscal year that

conforms to the fiscal year of the host state.

(7) Prepare, adopt, and implement continency plans for the

disposal and management of low-level radioactive waste in the event

that the compact facility should be closed. Any plan which requires

the host state to store or otherwise manage the low-level radioactive

waste from all the party states must be approved by at least four host

state members of the commission. The commission, in a contingency

plan or otherwise, may not require a non-host party state to store lowlevel radioactive waste generated outside of the state.

393
Reports. (8) Submit communications to the governors and to the presiding

Deadlines. officers of the legislatures of the party states regarding the activities of

the commission, including an annual report to be submitted on or

before January 31 of each year.

Public (9) Assembly and make available to the party states, and to the

information, public, information concerning low-level radioactive waste

management needs, technologies, and problems.

Records. (10) Keep a current inventory of all generators within the party

states, based upon information provided by the party states.

Deadlines. (11) By no later than 180 days after all members of the

commission are appointed under section 3.01 of this article, establish

by rule the total volume of low-level radioactive waste that the host

state will dispose of in the compact facility in the years 1995-2045,

including decommissioning waste. The shipments of low-level

radioactive waste from all non-host party states shall not exceed 20

percent of the volume estimated to be disposed of by the host state

during the 50-year period. When averaged over such 50-year period,

the total of all shipments from non-host party states shall not exceed

20,000 cubic feet a year. The commission shall coordinate the

volumes, timing, and frequency of shipments from generators in the

non-host party states in order to assure that over the life of this

agreement shipments from the non-host party states do not exceed 20

percent of the volume projected by the commission under this

paragraph.

SEC 3.05. The commission may:

(1) Employ staff necessary to carry out its duties and functions.

The commission is authorized to use to the extent practicable the

services of existing employees of the party states. Compensation shall

be as determined by the commission.

(2) Accept any grants, equipment, supplies, materials, or services,

conditional or otherwise, from the federal or state government. The

nature, amount and condition, if any, of any donation, grant or other

resources accepted pursuant to this paragraph and the identity of the

donor or grantor shall be detailed in the annual report of the

commission.

(3) Enter into contracts to carry out its duties and authority, subject

to projected resources. No contract made by the commission shall

bind a party state.

(4) Adopt, by a majority vote, bylaws and rules necessary to carry

out the terms of this compact. Any rules promulgated by the

commission shall be adopted in accordance with the Administrative

Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas

Civil Statutes).

(5) Sue and be sued and, when authorized by a majority vote of the

members, seek to intervene in administrative or judicial proceedings

related to this compact.

(6) Enter into an agreement with any person, state, regional body,

or group of states for the importation of low-level radioactive waste

into the compact for management or disposal, provided that the

agreement receives a majority vote of the commission. The

commission may adopt such conditions and restrictions in the

agreement as it deems advisable.

394
(7) Upon petition, allow an individual generator, a group of

generators, or the host state of the compact, to export low-level waste

to a low-level radioactive waste disposal facility located outside the

party states. The commission may approve the petition only by a

majority vote of its members. The permission to export low-level

radioactive waste shall be effective for that period of time and for the

specified amount of low-level radioactive waste, and subject to any

other term or condition, as is determined by the commission.

(8) Monitor the exportation outside of the party states of material,

which otherwise meets the criteria of low-level radioactive waste,

where the sole purpose of the exportation is to manage or process the

material for recycling or waste reduction and return it to the party

states for disposal in the compact facility.

SEC. 3.06. Jurisdiction and venue of any action contesting any action

of the commission shall be in the United States District Court in the

district where the commission maintains its office.

Article IV. Rights, Responsibilities, And Obligations Of Party

SEC. 4.01. The host state shall develop and have full administrative

control over the development, management and operation of a facility for

the disposal of low-level radioactive waste generated within the party

states. The host state shall be entitled to unlimited use of the facility over

its operating life. Use of the facility by the non-host party states for

disposal of low-level radioactive waste, including such waste resulting

from decommissioning of any nuclear electric generation facilities located

in the party states, is limited to the volume requirements of section

3.04(11) of Article III.

SEC. 4.02. Low-level radioactive waste generated within the party

states shall be disposed of only at the compact facility, except as provided

in section 3.05(7) of Article III.

SEC. 4.03. The initial states of this compact cannot be members of

another low-level radioactive waste compact entered into pursuant to the

Act.

SEC. 4.04. The host state shall do the following

(1) Cause a facility to be developed in a timely manner and

operated and maintained through the institutional control period.

(2) Ensure, consistent with any applicable federal and host state

laws, the protection and preservation of the environment and the

public health and safety in the siting, design, development, licensing,

regulation, operation, closure, decommissioning, and long-term care of

the disposal facilities within the host state.

Notification. (3) Close the facility when reasonably necessary to protect the

public health and safety of its citizens or to protect its natural

resources from harm. However, the host state shall notify the

commission of the closure within three days of its action and shall,

within 30 working days of its action, provide a written explanation to

the commission of the closure, and implement any adopted

contingency plan.

(4) Establish reasonable fees for disposal at the facility of lowlevel radioactive waste generated in the party states based on disposal

fee criteria set out in sections 402,272 and 402,273, Texas Health and

Safety Code. The same fees shall be charged for the disposal of low395
level radioactive waste that was generated in the host state and in the

non-host party states. Fees shall also be sufficient to reasonably

support the activities of the Commission.

Reports. (5) Submit an annual report to the commission on the status of the

facility, including projections of the facility's anticipated future

capacity, and on the related funds.

Notification. (6) Notify the Commission immediately upon the occurrence of

any event which could cause a possible temporary or permanent

closure of the facility and identify all reasonable options for the

disposal of low-level radioactive waste at alternate compact facilities

or, by arrangement and commission vote, at non-compact facilities.

Notification. (7) Promptly notify the other party states of any legal action

involving the facility.

(8) Identify and regulate, in accordance with federal and host state

law, the means and routes of transportation of low-level radioactive

waste in the host state.

SEC. 4.05. Each party state shall do the following:

(1) Develop and enforce procedures requiring low-level

radioactive waste shipments originating within its borders and destined

for the facility to conform to packaging, processing, and waste form

specifications of the host state.

(2) Maintain a registry of all generators within the state that may

have low-level radioactive waste to be disposed of at a facility,

including, but not limited to, the amount of low-level radioactive

waste and the class of low-level radioactive waste generated by each

generator.

(3) Develop and enforce procedures requiring generators within its

borders to minimize the volume of low-level radioactive waste

requiring disposal. Nothing in this compact shall prohibit the storage,

treatment, or management of waste by a generator.

(4) Provide the commission with any data and information

necessary for the implementation of the commission's responsibilities,

including taking those actions necessary to obtain this data or

information.

(5) Pay for community assistance projects designated by the host

county in an amount for each non-host party state equal to 10 percent

of the payment provided for in Article V for each such state. One-half

of the payment shall be due and payable to the host county on the first

day of the month following ratification of this compact agreement by

Congress and one-half of the payment shall be due and payable on the

first day of the month following the approval of a facility operating

license by the host state's regulatory body.

(6) Provide financial support for the commission's activities prior

to the date of facility operation and subsequent to the date of

congressional ratification of this compact under section 7.07 of Article

VII. Each party state will be responsible for annual payments equaling

its pro-rata share of the commission's expenses, incurred for

administrative, legal, and other purposes of the commission.

(7) If agreed by all parties to a dispute, submit the dispute to

arbitration or other alternate dispute resolution process. If arbitration

is agreed upon, the governor of each party state shall appoint an

arbitrator. If the number of party states is an even number, the

396
arbitrators so chosen shall appoint an additional arbitrator. The

determination of a majority of the arbitrators shall be binding on the

party states. Arbitration proceedings shall be conducted in accordance

with the provisions of 9 USC sections 1 to 16. If all parties to a

dispute do not agree to arbitration or alternate dispute resolution

process, the United States District Court in the district where the

commission maintains its office shall have original jurisdiction over

any action between or among parties to this compact.

(8) Provide on a regular basis to the commission and host state-

(A) an accounting of waste Shipped and proposed be

shipped to the compact facility, by volume and curies;

(B) proposed transportation methods and routes; and

(C) proposed shipment schedules.

(9) Seek to join in any legal action by or against the host state to

prevent nonparty states or generators from disposing of low-level

radioactive waste at the facility.

SEC. 4.06. Each party state shall act in good faith and may rely on the

good faith performance of the other party states regarding requirements of

this compact.

Article V. Party State Contributions

SEC. 5.01. Each party state, except the host state, shall contribute a

total of $25 million to the host state. Payments shall be deposited in the

host state treasure to the credit of the low-level waste fund in the

Deadline, following manner except as otherwise provided. Not later than the 60th

day after the date of congressional ratification of this compact, each state

shall pay to the host state $12.5 million. Not later than the 60th day after

the date of the opening of the compact facility, each non-host party state

shall pay to the host state an additional $12.5 million.

SEC. 5.02. As an alternative, the host state and the non-host states may

provide for payments in the same total amount as stated above to be made

to meet the principal and interest expense associated with the bond

indebtedness or other form of indebtedness issued by the appropriate

agency of the host state for purposes associated with the development,

operation, and post-closure monitoring of the compact facility. In the

event the member states proceed in this manner, the payment schedule

shall be determined in accordance with the schedule of debt repayment.

This schedule shall replace the payment schedule described in section

5.01 of this article.

Article VI. Prohibited Acts And Penalties

SEC. 6.01. No person shall dispose of low-level radioactive waste

generated within the party states unless the disposal is at the compact

facility, except as otherwise provided in section 3.05(7) of Article III..

SEC. 6.02. No person shall manage or dispose of any low-level

radioactive waste within the party states unless the low-level radioactive

waste was generated within the party states, except as provided in section

3.05(6) of Article III. Nothing herein shall be construed to prohibit the

storage or management of low-level radioactive waste by a generator, nor

its disposal pursuant to 10 CFR Part 20.302.

SEC. 6.03. Violations of this article may result in prohibiting the

violator from disposing of low-level radioactive waste in the compact

397
facility, or in the imposition of penalty surcharges on shipments to the

facility, as determined by the commission.

Article VII. Eligibility, Entry Into Effect; Congressional Consent;

Withdrawal; Exclusion

SEC. 7.01. The states of Texas, Maine, and Vermont are party states to

this compact. Any other state may be made eligible for party status by a

majority vote of the commission and ratification by the legislature of the

host state, subject to fulfillment of the rights of the initial non-host party

states under section 3.04(11) of Article III and section 4.01 of Article IV,

and upon compliance with those terms and conditions for eligibility that

the host state may establish. The host state may establish all terms and

conditions for the entry of any state, other than the states names in this

section, as a member of this compact; provided, however, the specific

provisions of this compact, except for those pertaining to the composition

of the commission and those pertaining to section 7.09 of this article, may

not be changed except upon ratification by the legislatures of the party

states.

SEC. 7.02. Upon compliance with the other provisions of this

compact, a state made eligible under section 7.01 of this article may

become a party state by legislative enactment of this compact or by

executive order of the governor of the state adopting this compact. A state

becoming a party state by executive order shall cease to be a party state

upon adjournment of the first general session of its legislature convened

after the executive order is issued, unless before the adjournment, the

legislature enacts this compact.

SEC. 7.03. Any party state may withdraw from this compact by

repealing enactment of this compact subject to the provisions herein. In

the event the host state allows an additional state or additional states to

join the compact, the host state's legislature, without the consent of the

non-host party states, shall have the right to modify the composition of the

commission so that the host state shall have a voting majority on the

commission, provided, however, that any modification maintains the right

of each initial party state to retain one voting member on the commission.

Effective Date. SEC. 7.04. If the host state withdraws from the compact, the

withdrawal shall not become effective until five years after enactment of

the repealing legislation and the non-host party states may continue to use

the facility during that time. The financial obligation of the non-host

party states under Article V shall cease immediately upon enactment of

the repealing legislation. If the host state withdraws from the compact or

abandons plans to operate a facility prior to the date of any non-host party

state payment under sections 4.05(5) and (6) of Article IV or Article V,

the non-host party states are relieved of any obligations to make the

contributions. This section sets out the exclusive remedies for the nonhost party states if the host state withdraws from the compact or is unable

to develop and operate a compact facility.

Effective date. SEC. 7.05. A party state, other than the host state, may withdraw from

the compact by repealing the enactment of this compact, but this

withdrawal shall not become effective until two years after the effective

date of the repealing legislation. During this two-year period the party

state will continue to have access to the facility. The withdrawing party

shall remain liable for any payments under sections 4.05(5) and (6) of

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Effective date.

Effective date.

Article IV that were due during the two-year period, and shall not be

entitled to any refund of payments previously made.

SEC. 7.06. Any party state that substantially fails to comply with the

terms of the compact or to fulfill its obligations hereunder may have its

membership in the compact revoked by a seven-eighths vote of the

commission following notice that a hearing will be scheduled not less than

six months from the date of the notice. In all other respects, revocation

proceedings undertaken by the commission will be subject to the

Administrative Procedure and Texas Register Act (Article 6252-13a,

Vernon's Texas Civil Statutes), except that a party state may appeal the

commission's revocation decision to the United States District Court in

accordance with section 3.06 of Article III. Revocation shall take effect

one year from date such party state receives written notice from the

commission of a final action.

Written notice of revocation shall be transmitted immediately following

the vote of the commission, by the chair, to the governor of the affected

party state, all other governors of party states, and to the United States

Congress.

SEC. 7.07. This compact shall take effect following its enactment

under the laws of the host state and any other party state and thereafter

upon the consent of the United States Congress and shall remain in effect

until otherwise provided by federal law. If Texas and either Maine or

Vermont ratify this compact, the compact shall be in full force and effect

as to Texas and the other ratifying state, and this compact shall be

interpreted as follows:

(1) Texas and the other ratifying state are the initial party states.

(2) The commission shall consist of two voting members from the

other ratifying state and six from Texas.

(3) Each party state is responsible for its pro-rata share of the

commission's expenses.

SEC. 7.08. This compact is subject to review by the United States

Congress and the withdrawal of the consent of Congress every five years

after its date, pursuant to federal law.

SEC. 7.09. The host state legislature, with the approval of the

governor, shall have the right and authority, without the consent of the

non-host party states, to modify the provisions contained in section

3.04(11) of Article III to comply with section 402.219(c)(1), Texas Health

& Safety Code, as long as the modification does not impair the rights of

the initial non-hose party states.

Article VIII. Construction And Severability

SEC. 8.01. The provisions of this compact shall be broadly construed

to carry out the purposes of the compact, but the sovereign powers of a

party shall not be infringed upon unnecessarily.

SEC. 8.02. This compact does not affect any judicial proceeding

pending on the effective date of this compact.

SEC. 8.03. No party state acquires any liability, by joining this

compact, resulting from the siting, operation, maintenance, long-term care

or any other activity relating to the compact facility. No non-host party

state shall be liable for any harm or damage from the siting, operation,

maintenance, or long-term care relating to the compact facility. Except as

otherwise expressly provided in this compact, nothing in this compact

399
shall be construed to alter the incidence of liability of any kind for any act

or failure to act. Generators, transporters, owners and operators of the

facility shall be liable for their acts, omissions, conduct or relationships in

accordance with applicable law. By entering, into this compact and

securing the ratification by Congress of its terms, no party state acquires a

potential liability under section 5(d)(2)(C) of the Act (42 USC section

2021e(d)(2)(C)) that did not exist prior to entering into this compact.

SEC. 8.04. If a party state withdraws from the compact pursuant to

section 7.03 of Article VII or has its membership in this compact revoked

pursuant to section 7.06 of Article VII, the withdrawal or revocation shall

not affect any liability already incurred by or chargeable to the affected

state under section 8.03 of this article.

SEC. 8.05. The provisions of this compact shall be severable and if

any phrase, clause, sentence, or provision of this compact is declared by a

court of competent jurisdiction to be contrary to the constitution of any

participating state or of the United States or the applicability thereof to

any government, agency, person or circumstances is held invalid, the

validity of the remainder of this compact and the applicability thereof to

any government, agency, person, or circumstance shall not be affected

thereby to the extent the remainder can in all fairness be given effect. If

any provision of this compact shall be held contrary to the constitution of

any state participating therein, the compact shall remain in full force and

effect as to the state affected as to all severable matters.

SEC. 8.06. Nothing in this compact diminishes or otherwise impairs

the jurisdiction, authority, or discretion of either of the following:

(1) The United States Nuclear Regulatory Commission pursuant to

the Atomic Energy Act of 1954, as amended (42 USC section 2011 et.

seq.).

(2) An agreement state under section 274 of the Atomic Energy

Act of 1954, as amended (42 USC 2021).

SEC. 8.07. Nothing in this compact confers any new authority on the

states or commission to do any of the following:

(1) Regulate the packaging or transportation of low-level

radioactive waste in a manner inconsistent with the regulations of the

United States Nuclear Regulatory Commission or the United States

Department of Transportation.

(2) Regulate health, safety, or environmental hazards from source,

by-product, or special nuclear material.

(3) Inspect the activities of licensees of the agreement states or of the

United States Nuclear Regulatory Commission.

400
3: cy-Le a Raiatv Wast

3. High-Level Radioactive Waste

Contents

A. NUCLEAR WASTE POLICY ACT OF 1982, AS AMENDED ...................... 405

Sec. 1. Short Title and Table of Contents ................................................... 405

Sec. 2. D efi nitions .......................................................................................... 405

Sec. 3. Separability ........................................................................................ 408

Sec. 4. Territories and Possessions .............................................................. 408

Sec. 5. O cean D isposal ..... 1 ............................................................................ 408

Sec. 6. Limitation on Spending Authority ................................................... 408

Sec. 7. Protection of Classified National Security Information ................. 408

Sec. 8. A pplicability ...................................................................................... 408

Sec. 9. A pplicability ...................................................................................... 409

Title I-Disposal And Storage Of High-Level Radioactive Waste, Spent

Nuclear Fuel, And Low-Level Radioactive Waste .......................................... 409

Sec. 101. State and Affected Indian Tribe Participation in

Development of Proposed Repositories for Defense Waste .................... 409

Subtitle A-Repositories For Disposal Of High-Level Radioactive Waste

A nd Spent N uclear Fuel ................................................................................ 410

Sec. 111. Findings and Purposes .................................................................. 410

Sec. 112. Recommendation of Candidate Sites for Site

C haracterization ......................................................................................... 4 11

Sec. 113. Site Characterization .................................................................... 413

Sec. 114. Site Approval and Construction Authorization .......................... 415

Sec. 115. Review of Repository Site Selection ............................................. 419

Sec. 116. Participation of States ................................................................... 423

Sec. 117. Consultation with States and Affected Indian Tribes ................ 426

Sec. 118. Participation of Indian Tribes ...................................................... 428

Sec. 119. Judicial Review of Agency Actions .............................................. 431

Sec. 120. Expedited Authorizations ............................................................. 431

Sec. 121. Certain Standards and Criteria ................................................... 432

Sec. 122. Disposal of Spent Nuclear Fuel .................................................... 433

Sec. 123. Title to M aterial ............................................................................. 433

Sec. 124. Consideration of Effect of Acquisition of Water Rights ............ 433

Sec. 125. Termination of Certain Provisions .............................................. 433

Subtitle B-Interim Storage Program ............................................................... 433

Sec. 131. Findings and Purposes .................................................................. 433

Sec. 132. Available Capacity for Interim Storage of Spent Nuclear Fuel 434

Sec. 133. Interim at Reactor Storage ........................................................... 434

Sec. 134. Licensing of Facility Expansions and Transshipments .............. 434

Sec. 135. Storage of Spent Nuclear Fuel ...................................................... 436

Sec. 136. Interim Storage Fund ................................................................... 442

Sec. 137. T ransportation .............................................................................. 446

Subtitle C-Monitored Retrievable Storage ..................................................... 446

Sec. 141. Monitored Retrievable Storage .................................................... 446

401
Sec. 142. Authorization of M onitored Retrievable Storage ....................... 449

Sec. 143. Monitored Retrievable Storage Commission .............. 449

Sec. 144. Survey ............................................................................................. 451

Sec. 145. Site Selection ................................................................................. 451

Sec. 146. Notice of Disapproval .................................................................... 452

Sec. 147. Benefits Agreement ....................................................................... 453

Sec. 148. Construction Authorization ......................................................... 453

Sec. 149. Financial assistance ....................................................................... 454

Subtitle D-Low-Level Radioactive W aste ....................................................... 454

Sec. 151. Financial Arrangements for Low-level Radioactive Waste

Site Closure ................................................................................................. 454

Subtitle E-Redirection Of The Nuclear W aste Program ............................... 455

Sec. 160. Selection of Yucca M ountain Site ................................................ 455

Sec. 161. Siting a Second Repository ........................................................... 455

Subtitle F- Benefits ........................................................................................... 456

Sec. 170. Benefits Agreements ...................................................................... 456

Sec. 171. Content of Agreements ................................................................. 457

Sec. 172. Review Panel .................................................................................. 458

Subtitle G-Other Benefits .............................................................................. 460

Sec. 174. Consideration in Siting Facilities .............................................. 460

Sec. 175. Report ............................................................................................. 460

Subtitle H-Transportation ............................................................................. 461

Sec. 180. Transportation .............................................................................. 461

Title II-Research, Development, And Demonstration Regarding Disposal

Of High-Level Radioactive W aste And Spent Nuclear Fuel .......................... 461

Sec. 211. Purpose ........................................................................................... 461

Sec. 212. Applicability .................................................................................. 462

Sec. 213. Identification of Sites .................................................................... 462

Sec. 214. Siting Research and Related Activities ........................................ 463

Sec. 215. Test and Evaluation Facility Siting Review and Reports .......... 464

Sec. 216. Federal Agency Actions ................................................................ 465

Sec. 217. Research And Development on Disposal of High-level

Radioactive W aste ...................................................................................... 465

Sec. 218. Research and Development on Spent Nuclear Fuel ................... 468

Sec. 219. Payments to States and Indian Tribes ......................................... 470

Sec. 220. Study of Research and Development Needs for Monitored

Retrievable Storage Proposal .................................................................... 471

Sec. 221. Judicial Review .............................................................................. 471

Sec. 222. Research on Alternatives for the Permanent Disposal of

High-level Radioactive W aste ................................................................... 471

Sec. 223. Technical Assistance to Non-nuclear Weapon States in the

Field of Spent Fuel Storage and Disposal ................................................. 471

Sec. 224. Subseabed Disposal ....................................................................... 472

Title III-Other Provisions Relating To Radioactive W aste .............................. 473

Sec. 301. M ission Plan ................................................................................... 473

Sec. 302. Nuclear W aste Fund ..................................................................... 475

402
Sec. 303. Alternative Means of Financing ................................................... 479

Sec. 304. Office of Civilian Radioactive Waste Management .................... 480

Sec. 305. Location of Test and Evaluation Facility .................................... 480

Sec. 306. Nuclear Regulatory Commission Training Authorization ........ 481

Title IV-Nuclear W aste Negotiator ..................................................................... 481

Sec. 401. D efi nition ........................................................................................ 481

Sec. 402. The Office of the Nuclear Waste Negotiator ............................... 481

Sec. 403. Duties of the Negotiator ................................................................ 481

Sec. 404. Environmental Assessment of Sites ............................................. 483

Sec. 405. Site Characterization; Licensing .................................................. 483

Sec. 406. Monitored Retrievable Storage .................................................... 484

Sec. 407. Environmental Impact Statement ................................................ 484

Sec. 408. Administrative Powers of the Negotiator .................................... 485

Sec. 409. Cooperation of Other Departments and Agencies ..................... 485

Sec. 410. Termination of the Office ............................................................. 485

Sec. 411. Authorization of Appropriations ................................................. 485

Title V-Nuclear Waste Technical Review Board ..................... 486

Sec. 501. D efi nitions ...................................................................................... 486

Sec. 502. Nuclear Waste Technical Review Board ..................................... 486

Sec. 503. F unctions ........................................................................................ 487

Sec. 504. Investigatory Pow ers ..................................................................... 487

Sec. 505. Compensation of M em bers ........................................................... 487

S ec. 506. S taff ................................................................................................ 4 87

Sec. 507. Support Services ............................................................................ 488

S ec. 508. R ep ort ............................................................................................. 4 88

See. 509. Authorization of Appropriations ................................................. 488

Sec. 510. Termination of the Board ............................................................. 489

B. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT OF

1992-(ENVIRONMENTAL PROTECTION STANDARDS) ........................ 490

Title VIII - High-Level Radioactive Waste ........................................................ 490

Sec. 801. N uclear W aste Disposal ................................................................ 490

See. 803. Nuclear Waste Management Plan ................................................ 491

C. RONALD W. REAGAN NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2005--(DEFENSE SITE ACCELERATION

C O M PL E T IO N ) ................................................................................................... 493

Sec. 3116. Defense Site Acceleration Completion ....................................... 493

D. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT OF

2005-(GREATER-THAN-CLASS C WASTE) ................................................ 496

Sec. 631. Safe Disposal of Greater-Than-Class C Radioactive Waste ....... 496

403

A. NUCLEAR WASTE POLICY ACT OF 1982,

AS AMENDED

42 USC 10101.

Public Law 97-425 96 Stat. 2201

January 7, 1983

Sec. 1. Short Title and Table of Contents

This Act may be cited as the "Nuclear Waste Policy Act of 1982."

(TOC not duplicated here.)

Sec. 2. Definitions

For purposes of this Act:

(1) The term "Administrator" means the Administrator of the

Environmental Protection Agency.

(2) The term "affected Indian tribe" means any Indian tribe-

(A) within whose reservation boundaries a monitored

retrievable storage facility, test and evaluation facility, or a

repository for high-level radioactive waste or spent fuel is

proposed to be located;

(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 such a facility: Provided, That 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) 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 by-products

management;

(F) defense nuclear materials security and safeguards and

security investigations; and

(G) defense research and development.

(4) The term "candidate site" means an area, within a geologic and

hydrologic system, that is recommended by the Secretary under

section 112 for site characterization, approved by the President under

section 112 for site characterization, or undergoing site

characterization under section 113.

(5) The term "civilian nuclear activity" means any atomic energy

activity other than an atomic energy defense activity.

(6) The term "civilian nuclear power reactor" means a civilian

nuclear power plant required to be licensed under section 103 or 104b.

of the Atomic Energy Act of 1954 (42 USC 2133, 2134(b)).

(7) The term "Commission" means the Nuclear Regulatory

Commission.

(8) The term "Department" means the Department of Energy.

405
(9) The term "disposal" means the emplacement in a repository of

high-level radioactive waste, spent nuclear fuel, or other highly

radioactive material with no foreseeable intent of recovery, whether or

not such emplacement permits the recovery of such waste.

(10) The terms "disposal package" and "package" mean the

primary container that holds, and is in contact with, solidified highlevel radioactive waste, spent nuclear fuel, or other radioactive

materials, and any overpacks that are emplaced at a repository.

(11) The term "engineered barriers" means manmade components

of a disposal system designed to prevent the release of radionuclides

into the geologic medium involved. Such term includes the high-level

radioactive waste form, high-level radioactive waste canisters, and

other materials placed over and around such canisters.

(12) The term "high-level radioactive waste" means-

(A) the highly radioactive material resulting from the

reprocessing of spent nuclear fuel, including liquid waste produced

directly in reprocessing and any solid material derived from such

liquid waste that contains fission products in sufficient

concentrations; and

(B) other highly radioactive material that the Commission,

consistent with existing law, determines by rule requires

permanent isolation.

(13) The term "Federal agency" means any Executive agency, as

defined in section 105 of title 5, United States Code.

(14) The term "Governor" means the chief executive officer of a

State.

(15) 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 USC 1602(c)).

(16) The term "low-level radioactive waste" means radioactive

material that-

(A) is not high-level radioactive waste, spent nuclear fuel,

transuranic waste, or by-product material as defined in section

IlIe(2) of the Atomic Energy Act of 1954 (42 USC 2014(e)(2));

and

(B) the Commission, consistent with existing law, classifies as

low level radioactive waste.

(17) The term "Office" means the Office of Civilian Radioactive

Waste Management established in section 305.

(18) The term "repository" means any system licensed by the

Commission that is intended to be used for, or may be used for, the

permanent deep geologic disposal of high-level radioactive waste and

spent nuclear fuel, whether or not, such system is designed to permit

the recovery, for a limited period during initial operation, of any

materials placed in such system. Such term includes both surface and

subsurface areas at which high-level radioactive waste and spent

nuclear fuel handling activities are conducted.

406
(19) The term "reservation" means-

(A) any Indian reservation or dependent Indian community

referred to in clause 9a) or (b) of section 1151 of title 18, United

States Code; or

(B) any land selected by an Alaska Native village or regional

corporation under the provisions of the Alaska Native Claims

Settlement Act (43 USC 1601 et seq.).

(20) The term "Secretary" means the Secretary of Energy.

(21) The term "site characterization" means-

(A) siting research activities with respect to a test and

evaluation facility at a candidate site; and

(B) activities, whether in the 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 shafts, limited subsurface lateral excavations and

borings, and in situ testing needed to evaluate the suitability 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.

(22) The term "siting research" means activities, including borings,

surface excavations, shaft excavations, subsurface lateral excavations

and borings, and in situ testing, to determine the suitability of a site for

a test and evaluation facility.

(23) 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.

(24) The term "State" means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, the Northern Mariana Islands, the

Trust Territory of the Pacific Islands, and any other territory or

possession of the United States. (25) The term "storage" means retention of high-level radioactive

waste, spent nuclear fuel, or transuranic waste with the intent to

recover such waste or fuel for subsequent use, processing, or disposal.

(26) The term "Storage Fund" means the Interim Storage Fund

established in section 137(c).

(27) The term "test and evaluation facility" means an at-depth,

prototypic, underground cavity with subsurface lateral excavations

extending from a central shaft that is used for research and

development purposes, including the development of data and

experience for the safe handling and disposal of solidified high-level

radioactive waste, transuranic waste, or spent nuclear fuel.

(28) The term "unit of general local government" means any

borough, city, county, parish, town, township, village, or other general

purpose political subdivision of a State.

(29) The term "Waste Fund" means the Nuclear Waste Fund

established in section 302(c).

407
42 USC 10102.

42 USC 10103.

42 USC 10104.

42 USC 10105.

42 USC 10106.

42 USC 10107.

(30) The term "Yucca Mountain site" means the candidate site in

the State of Nevada recommended by the Secretary to the President

under section 1 12(b)(1)(B) on May 27, 1986.

(31) The term "affected unit of local government" means the unit

of local government with jurisdiction over the site of a repository or a

monitored retrievable storage facility. Such term may, at the

discretion of the Secretary, include units of local government that are

contiguous with such unit.

(32) The term "Negotiator" means the Nuclear Waste Negotiator.

(33) As used in title IV, the term "Office" means the Office of the

Nuclear Waste Negotiator established under title IV of this Act.

(34) The term "monitored retrievable storafe facility" means the

storage facility described in section 141 (b)(1).

OTHER PROVISIONS

Sec. 3. Separability

If an provision of this Act, or the application of such provision to any

person or circumstance, is held invalid, the remainder of this Act, or the

application of such provisions to persons or circumstances other than

those as to which it is held invalid, shall not be affected thereby.

Sec. 4. Territories and Possessions

Nothing in this Act shall be deemed to repeal, modify, or amend the

provisions of section 605 of the Act of March 12, 1980.

Sec. 5. Ocean Disposal

Nothing in this Act shall be deemed to affect the Marine Protection,

Research, and Sanctuaries Act of 1972.

Sec. 6. Limitation on Spending Authority

The authority under this Act to incur indebtedness, or enter into

contracts, obligating amounts to be expended by the Federal Government

shall be effective for any fiscal year only to such extent or in such

amounts as are provided in advance by appropriation Acts.

Sec. 7. Protection of Classified National Security Information

Nothing in this Act shall require the release or disclosure to any person

or to the Commission of any classified national security information.

Sec. 8. Applicability

(a) ATOMIC ENERGY DEFENSE ACTIVITIES-Subject to the

provisions of subsection (c), the provisions of this Act shall not apply with

respect to any atomic energy defense activity or to any facility used in

conjunction with any such activity.

(b) EVALUATION BY PRESIDENT-(l) Not later than 2 years after

the date of the enactment of this Act, the President shall evaluate the use

of disposal capacity at one or more repositories to be developed under

subtitle A of title I for the disposal of high-level radioactive waste

resulting from atomic energy defense activities. Such evaluation shall take

into consideration factors relating to cost efficiency, health and safety,

regulation, transportation, public acceptability, and national security.

(2) Unless the President finds, after conducting the evaluation

required in paragraph (1), that the development of a repository for the

disposal of high-level radioactive waste resulting from atomic energy

'Public Law 100-203 (101 Stat. 1330) (1987) section 5002, added subsecs., 30-34.

408
42 USC 10108.

defense activities only is required, taking into account all of the factors

describe in such subsection, the Secretary shall proceed promptly with

arrangement for the use of one or more of the repositories to be

developed under subtitle A of title I for the disposal of such waste.

Such arrangements shall include the allocation of costs of developing,

constructing, and operating this repository of repositories. The costs

resulting from permanent disposal of high-level radioactive waste from

atomic energy defense activities shall be paid by the Federal

Government, into the especial account established under section 302.

(3) Any repository for the disposal of high-level radioactive waste

resulting from atomic energy defense activities only shall (A) be

subject to licensing under section 202 of the Energy Reorganization

Act of 1973 (42 USC 5842); and (B) comply with all requirements of

the Commission for the siting, development, construction, and

operation of a repository.

(c) APPLICABILITY TO CERTAIN REPOSITORIES-The

provisions of this Act shall apply with respect to any repository not used

exclusively for the disposal of high-level radioactive waste or spent

nuclear fuel resulting from atomic energy defense activities, research and

development activities of the Secretary, or both.

Sec. 9. Applicability

TRANSPORTATION-NOTHING in this Act shall be construed to

affect Federal, State, or local laws pertaining to the transportation of spent

nuclear fuel or high-level radioactive waste.

Title I-Disposal And Storage Of High-Level Radioactive

Waste, Spent Nuclear Fuel, And Low-Level Radioactive Waste

Sec. 101. State and Affected Indian Tribe Participation in

Development of Proposed Repositories for Defense Waste

(a) NOTIFICATION TO STATES AND AFFECTED INDIAN

TRIBES-Notwithstanding the provisions of section 8, upon any decision

by the Secretary or the President to develop a repository for the disposal

of high-level radioactive waste or spent nuclear fuel resulting exclusively

from atomic energy defense activities, research and development activities

of the Secretary, or both, and before proceeding with any site-specific

investigations with respect to such repository, the Secretary shall notify

the Governor and legislature of the State in which such repository is

proposed to be located, or the governing body of the affected Indian tribe

on whose reservation such repository is proposed to be located, as the case

may be, of such decision.

(b) PARTICIPATION OF STATES AND AFFECTED INDIAN

TRIBES-Following the receipt of any notification under subsection (a),

the State or Indian tribe involved shall be entitled, with respect to the

proposed repository involved, to rights of participation and consultation

identical to those provided in sections 115 through 118, except that any

financial assistance authorized to be provided to such State or affected

Indian tribe under section 116(c) or 118(b) shall be made from amounts

appropriated to the Secretary for purposes of carrying out this section.

42 USC 10121.

409
42 USC 10131.

Subtitle A-Repositories For Disposal Of High-Level Radioactive

Waste And Spent Nuclear Fuel

Sec. 111. Findings and Purposes

(a) FINDINGS-THE Congress finds that-

(1) radioactive waste creates potential risks and requires safe and

environmentally acceptable methods of disposal;

(2) a national problem has been created by the accumulation of (A)

spent nuclear fuel from nuclear reactors; and (B) radioactive waste

from (i) reprocessing of spent nuclear fuel; (ii) activities related to

medical research, diagnosis, and treatment; and (iii) other sources;

(3) Federal efforts during the past 30 years to devise a permanent

solution to the problems of civilian radioactive waste disposal have not

been adequate;

(4) while the Federal Government has the responsibility to provide

for the permanent disposal of high-level radioactive waste and such

spent nuclear fuel as may be disposed of in order to protect the public

health and safety and the environment, the costs of such disposal

should be the responsibility of the generators and owners of such

waste and spent fuel;

(5) the generators and owners of high-level radioactive waste and

spent nuclear fuel have the primary responsibility to provide for, and

the responsibility to pay the costs of, the interim storage of such waste

and spent fuel until such waste and spent fuel is accepted by the

Secretary of Energy in accordance with the provisions of this Act;

(6) State and public participation in the planning and development

of repositories is essential in order to promote public confidence in the

safety of disposal of such waste and spent fuel; and

(7) high-level radioactive waste and spent nuclear fuel have

become major subjects of public concern, and appropriate precautions

may be taken to ensure that such waste and spent fuel do not adversely

affect the. public health and safety and the environment for this or

future generations.

(b) PURPOSES-The purposes of this subtitle are-

(1) to establish a schedule for the siting, construction, and

operation of repositories that will provide a reasonable assurance that

the public and the environment will be adequately protected from the

hazards posed by high-level radioactive waste and such spent nuclear

fuel as may be disposed of in a repository;

(2) to establish the Federal responsibility, and a definite Federal

policy, for the disposal of such waste and spent fuel;

(3) to define the relationship between the Federal Government and

the State government with respect to the disposal of such waste and

spent fuel; and

(4) to establish a Nuclear Waste Fund, composed of payments

made by the generators and owners of such waste and spent fuel, that

will ensure that the costs of carrying out activities relating to the

disposal of such waste and spent fuel will be borne by the persons

responsible for generating such waste and spent fuel.

410
42 USC 10132.

Recommendation

date.

Environmental

assessment.

Sec. 112. Recommendation of Candidate Sites for Site

Characterization

(a) GUIDELINES-Not later than 180 days after the date of the

enactment of this Act, the Secretary, following consultation with the

Council on Environmental Quality, the Administrator of the

Environmental Protection Agency, the Director of the Geological Survey,

and interested Governors, and the concurrence of the Commission shall

issue general guidelines for the recommendation of sites for repositories.

Such guidelines shall specify detailed geologic considerations that shall be

primary criteria for the selection of sites in various geologic media. Such

guidelines shall specify factors that qualify or disqualify any site from

development as a repository, including factors pertaining to the location of

valuable natural resources, hydrology, geophysics, seismic activity, and

atomic energy defense activities, proximity to water supplies, proximity to

populations, the effect upon the rights of users of water, and proximity to

components of the National Park System, the National Wildlife Refuge

System, the National Wild and Scenic Rivers System, the National

Wilderness Preservation System, or National Forest Lands. Such

guidelines shall take into consideration the proximity to sites where highlevel radioactive waste and spent nuclear fuel is generated or temporarily

stored and the transportation and safety factors involved in moving such

waste to a repository, Such guidelines shall specify population factors that

will disqualify any site from development as a repository if any surface

facility of such repository would be located (1) in a highly populated area;

or (2) adjacent to an area 1 mile by I mile having a population of not less

than 1,000 individuals. Such guidelines also shall require the Secretary to

consider the cost and impact of transporting to the repository site the

solidified high-level radioactive waste and spent fuel to be disposed of in

the repository and the advantages of regional distribution in the siting of

repositories. Such guidelines shall require the Secretary to consider the

various geologic media in which sites for repositories may be located and,

to the extent practicable, to recommend sites in different geologic media.

The Secretary shall use guidelines established under this subsection in

considering candidate sites for recommendation under subsection (b). The

Secretary may revise such guidelines from time to time, consistent with

the provisions of this subsection.

(b) RECOMMENDATION BY SECRETARY TO THE

PRESIDENT-(l)(A) Following the issuance of guidelines under

subsection (a) and consultation with the Governors of affected States, the

Secretary shall nominate at least 5 sites that he determines suitable for site

characterization for selection of the first repository site.

(B) Subsequent to such nomination, the Secretary shall recommend to

the President 3 of the nominated sites not later than January 1, 1985 for

characterization as candidate sites.

(C) Such recommendations under subparagraph (B) shall be consistent

with the provisions of section 305.

(D) Each nomination of a site under this subsection shall be

accompanied by an environmental assessment, which shall include

a detail statement of the basis for such recommendation and of the

411
probable impacts of the site characterization activities planned for

such site, and a discussion of alternative activities relating to site

characterization that may be undertaken to avoid such impacts.

Such environmental assessment shall include-

(i) an evaluation by the Secretary as to whether such site is

suitable for site characterization under the guidelines

established under subsection (a);

(ii) an evaluation by the Secretary as to whether such site is

suitable for development as a repository under each such

guideline that does not require site characterization as a

prerequisite for application of such guidelines;

(iii) an evaluation by the Secretary of the effects of the site

characterization activities at such site on the public health and

safety and the environment;

(iv) a reasonable comparative evaluation by the Secretary of

such site with other sites and locations that have been

considered:

(v) a description of the decision process by which such site

was recommended; and

(vi) an assessment of the regional and local impacts of

locating the proposed repository at such site.

(E)(i) The issuance of any environmental assessment under this

paragraph shall be considered to be a final agency action subject to

judicial review in accordance with the provisions of chapter 7 of

title 5, United States Code, and section 119. Such judicial review

shall be limited to the sufficiency of such environmental

assessment with respect to the items described in clauses (i)

through (vi) of subparagraph (D).

(F) Each environmental assessment prepared under this

paragraph shall be made available to the public.

(G) Before nominating a site, the Secretary shall notify the

Governor and legislature of the State in which such site is located,

or the governing body of the affected Indian tribe where such site

is located, as the case may be, of such nomination and the basis for

such nomination.

(2) Before nominating any site the Secretary shall hold public

hearings in the vicinity of such site to inform the residents of the area

in which such site is located of the proposed nomination of such site

and to receive their comments. At such hearings, the Secretary shall

also solicit and receive any recommendations of such residents with

respect to issues that should be addressed in the environmental

assessment described in paragraph (1) and the site characterization

plan described in section 11 3(b)(1).

(3) In evaluating the sites nominated under this section prior to any

decision to recommend a site as a candidate site, the Secretary shall

use available geophysical, geologic, geochemical and hydrologic, and

other information and shall not conduct any preliminary borings or

excavations at a site unless (i) such preliminary boring or excavation

activities were in progress upon the date of enactment of this Act or

(ii) the Secretary certifies that such available information from other

412
Decision

transmittal or

notification.

42 USC 10133.

sources, in the absence of preliminary borings or excavations, will not

be adequate to satisfy applicable requirements of this Act or any other

law: Provided, That preliminary borings or excavations under this

section shall not exceed a diameter of 6 inches.

(c) PRESIDENTIAL REVIEW OF RECOMMENDED CANDIDATE

SITES-

(1) The President shall review each candidate site recommendation

made by the Secretary under subsection (b). Not later than 60 days

after the submission by the Secretary of a recommendation of a

candidate site, the President, in his discretion, may either approve or

disapprove such candidate site, and shall transmit any such decision to

the Secretary and to either the Governor and legislature of the State in

which such candidate site is located, or the governing body of the

affected Indian tribe where such candidate site is located, as the case

may be. If, during such 60-day period, the President fails to approve or

disapprove such candidate site, or fails to invoke his authority under

paragraph (2) to delay his decision, such candidate site shall be

considered to be approved, and the Secretary shall notify such

Governor and legislature, or governing body of the affected Indian

tribe, of the approval of such candidate site by reason of the inaction

of the President.

(2) The President may delay for not more than 6 months his

decision under paragraph (1) to approve or disapprove a candidate site,

upon determining that the information provided with the

recommendation of the Secretary is insufficient to permit a decision

within the 60-day period referred to in paragraph (1). The President

may invoke his authority under this paragraph by submitting written

notice to the Congress, within such 60-day period of his intent to

invoke such authority. If the President invokes such authority, but

fails to approve or disapprove the candidate site involved by the end of

such 6-month period, such candidate site shall be considered to be

approved, and the Secretary shall notify such Governor and

legislature, or governing body of the affected Indian tribe of the

approval of such candidate site by reason of the inaction of the

President.

(d) PRELIMINARY ACTIVITIES-Except as otherwise provided in

this section , each activity of the President or the Secretary under this

section shall be considered to be a preliminary decision making activity.

No such activity shall require the preparation of an environmental impact

statement under section 102(2)(C) of the National Environmental Policy

Act of 1969 (42 USC 4332(2)(C)), or to require any environmental review

under subparagraph (E) or (F) of section 102(2) of such Act.2

Sec. 113. Site Characterization

(a) IN GENERAL-The Secretary shall carry out, in accordance with

the provisions of this section, appropriate site characterization activities at

the Yucca Mountain site. The Secretary shall consider fully the comments

received under subsection (b)(2) and section 112(b)(2) and shall, to the

maximum extent practicable and in consultation with the Governor of the

2

Public Law 100-203 (101 Stat. 1330) (1987) section 5011, amended section 112.

413
Plan submittal,

review and

comment.

Public

availability;

hearings.

Report.

State of Nevada conduct site characterization activities in a manner that

minimizes any significant adverse environmental impacts identified in

such comments or in the environmental assessment submitted under

subsection (b)(1).

(b) COMMISSION AND STATES-(l) Before proceeding to sink

shafts at the Yucca Mountain site, the Secretary shall submit for such

candidate site to the Commission and to the Governor or legislature of the

State of Nevada for their review and comment-

(A) a general plan for site characterization activities to be

conducted at such candidate site, which plan shall include-

(i) a description of such candidate site;

(ii) a description of such site characterization activities,

including the following: the extent of planned excavations,

plans for any onsite testing with radioactive or nonradioactive

material, plan for any investigation activities that may affect

the capabilities of such candidate site to isolate high-level

radioactive waste and spent nuclear fuel, and plans to control

any adverse, safety-related impacts from such site

characterization activities;

(iii) plan for the decontamination and decommissioning of

such candidate site, and for the mitigation of any significant

adverse environmental impacts caused by the site

characterization activities if it is determined unsuitable for

application for a construction authorization for a repository;

(iv) criteria to be used to determine the suitability of such

candidate site for the location of a repository, developed

pursuant to section 112(a); and

(v) any other information required by the Commission;

(B) a description of the possible form or packaging for the

high-level radioactive waste and spent nuclear fuel to be emplaced

in such repository, a description, to the extent practicable, of the

relationship between such waste form or packaging and the

geologic medium of such site, and a description of the activities

being conducted by the Secretary with respect to such possible

waste form or packaging or such relationship; and

(C) a conceptual repository design that takes into account likely

site-specific requirements.

(2) Before proceeding to sink shafts at the Yucca Mountain site,

the Secretary shall (A) make available to the public the site

characterization plan described in paragraph (1); and (B) hold public

hearings in the vicinity of such candidate site to inform the residents of

the area in which such candidate site is located of such plan, and to

receive their comments.

(3) During the conduct of site characterization activities at the

Yucca Mountain site, the Secretary shall report not less than once

every 6 months to the Commission and to the Governor and legislature

of the State of Nevada on the nature and extent of such activities and

the information developed from such activities.

(c) RESTRICTIONS-(l) The Secretary may conduct at the Yucca

Mountain site only such site characterization activities as the Secretary

414
considers necessary to provide the data required for evaluation of the

suitability of such site for an application to be submitted to the

Commission for a construction authorization for a repository at such site,

and for compliance with the National Environmental Policy Act of 1969

(42 USC 4321 et seq.).

(2) In conducting site characterization activities-

(A) the Secretary may not use any radioactive material at a site

unless the Commission concurs that such use is necessary to

provide data for the preparation of the required environmental

reports and an application for a construction authorization for a

repository at such site; and

(B) if any radioactive material is used at a site-

(i) the Secretary shall use the minimum quantity necessary

to determine the suitability of such sites for a repository, but in

no event more than the curie equivalent of 10 metric tons of

spent nuclear fuel; and

(ii) such radioactive material shall be fully retrievable.

(3) If the Secretary at any time determines the Yucca Mountain site

to be unsuitable for development as a repository, the Secretary shall-

(A) terminate all site characterization activities at such site;

(B) notify the Congress, the Governor and legislature of

Nevada of such termination and the reasons for such termination;

(C) remove any high-level radioactive waste, spent nuclear

fuel, or other radioactive materials at or in such site as promptly as

practicable;

(D) take reasonable and necessary steps to reclaim the site and

to mitigate any significant adverse environmental impacts caused

by site characterization activities at such site;

(E) suspend all future benefits payments under subtitle F with

respect to such site; and

(F) report to Congress not later than 6 months after such

determination the Secretary's recommendations for further action

to assure the safe, permanent disposal of spent nuclear fuel and

high-level radioactive waste, including the need for new legislative

authority.

(d) PRELIMINARY ACTIVITIES-Each activity of the Secretary

under this section that is in compliance with the provisions of subsection

(c) shall be considered a preliminary decision making activity. No such

activity shall require the preparation of an environmental impact statement

under section 102(2)(C) of the National Environmental Policy Act of

1969 (42 USC 4332(2)(C)), or to require any environmental review under

subparagraph (E) or (F) of section 102(2) of such Act.3

Sec. 114. Site Approval and Construction Authorization

(a) HEARINGS AND PRESIDENTIAL RECOMMENDATION-The

Secretary shall hold public hearings in the vicinity of the Yucca Mountain

site for the purposes of informing the residents of the area of such

consideration and receiving their comments regarding the possible

recommendation of such site. If, upon completion of such hearings and

Reports.

42 USC 10134.

Notification of

decision.

3

Public Law 100-203 (101 Stat. 1330) (1987), section 5011, amended section 113.

415
completion of site characterization activities at the Yucca Mountain site

under section 113, the Secretary decides to recommend approval of such

site to the President, the Secretary shall notify the Governor and

legislature of the State of Nevada of such decision. No sooner than the

expiration of the 30-day period following such notification, the Secretary

shall submit to the President a recommendation that the President approve

such site for the development of a repository. Any such recommendation

by the Secretary shall be based on the record of information developed by

the Secretary under section 113 and this section, including the information

described in subparagraph (A) through subparagraph (G). Public Together with any recommendation of a site under this paragraph, the

availability. Secretary shall make available to the public, and submit to the President, a

comprehensive statement of the basis of such recommendation, including

the following:

(A) a description of the proposed repository, including

preliminary engineering specifications for the facility;

(B) a description of the waste form or packaging proposed for

use at such repository, and an explanation of the relationship

between such waste form or packaging and the geologic medium

of such site;

(C) a discussion of data, obtained in site characterization

activities, relating to the safety of such site;

(D) a final environmental impact statement prepared for the

Yucca Mountain site pursuant to subsection (f) and the National

Environmental Policy Act of 1969 (42 USC 4321 et seq.), together

with comments made concerning such environmental impact

statement by the Secretary of the Interior, the Council on

Environmental Quality, the Administrator, and the Commission,

except that the Secretary shall not be required in any such

environmental impact statement to consider the need for a

repository, the alternatives to geological disposal, or alternative

sites to the Yucca Mountain site;

(E) preliminary comments of the Commission concerning the

extent to which the at-depth site characterization analysis and the

waste form proposal for such site seem to be sufficient for

inclusion in any application to be submitted by the Secretary for

licensing of such site as a repository;

(F) the views and comments of the Governor and legislature of

any State, or the governing body of any affected Indian tribe, as

determined by the Secretary, together with the response of the

Secretary to such views;

(G) such other information as the Secretary considers

appropriate; and

(H) any impact report submitted under section 1 16(c)(2)(B) by

the State of Nevada.

(2)(A) If, after recommendation by the Secretary, the President

considers the Yucca Mountain site qualified for application for a

construction authorization for a repository, the President shall submit a

recommendation of such site to Congress.

416
(B) The President shall submit with such recommendation a

copy of the statement for such site prepared by the Secretary under

paragraph (1).

(3)(A) The President may not recommend the approval of Yucca

Mountain site unless the Secretary has recommended to the President

under paragraph (1) approval of such site and has submitted to the

President a statement for such site as required under such paragraph.

(B) No recommendation of a site by the President under this

subsection shall require the preparation of an environmental impact

statement under section 102(2)(C) of the National Environmental

Policy Act of 1969 (42 USC 4332(2)(C), or to require any

environmental review under subparagraph (E) or (F) of section

102(2) of such Act.

(b) SUBMISSION OF APPLICATION-If the President recommends

to the Congress the Yucca Mountain site under subsection (a) and the site

designation is permitted to take effect under section 115, the Secretary

shall submit to the Commission an application for a construction

authorization for a repository at such site not later than 90 days after the

date on which the recommendation of the site designation is effective

under such section and shall provide to the Governor and legislature of the

State of Nevada a copy of such application.

(c) STATUS REPORT ON APPLICATION-Not later than 1 year

after the date on which an application for a construction authorization is

submitted under subsection (b), and annually thereafter until the date on

which such authorization is granted, the Commission shall submit a report

to the Congress describing the proceeding undertaken through the date of

such report with regard to such application, including a description of-

(1) any major unresolved safety issues, and the explanation of the

Secretary with respect to design and operation plans for resolving such

issues;

(2) any matters of contention regarding such application; and

(3) any Commission actions regarding the granting of denial of

such authorization.

Construction (d) COMMISSION ACTION-The Commission shall consider an

authorization application for a construction authorization for all or part of a repository

applications, in accordance with the laws applicable to such applications, except that

the Commission shall issue a final decision approving or disapproving the

issuance of a construction authorization not later that the expiration of 3

years after the date of the submission of such application, except that the

Commission may extend such deadlines by not more than 12 months if,

not less than 30 days before such deadlines, the Commission complies

with the reporting requirements established in subsection (e)(2). The

Commission decision approving the first such application shall prohibit

the emplacement in the first repository of a quantity of spent fuel

containing in excess of 70,000 metric tons of heavy metal or a quantity of

solidified high-level radioactive waste resulting from the reprocessing of

such a quantity of spent fuel until such time as a second repository is in

operation. In the event that a monitored retrievable storage facility,

approved pursuant to subtitle C of this Act, shall be located, or is planned

to be located, within 50 miles of the first repository, then the Commission

417
Report

submittal to

Secretary and

Congress.

Report

response, filing

with Congress.

decision approving the first such application shall prohibit the

emplacement of a quality of spent fuel containing in excess of 70,000

metric tons of heavy metal or a quantity of solidified high-level

radioactive waste resulting from the reprocessing of spent fuel in both the

repository and monitored retrievable storage facility until such time as a

second repository is in operation.

(e) PROTECT DECISION SCHEDULE-(1) The Secretary shall

prepare and update, as appropriate, in cooperation with all affected

Federal agencies, a project decision schedule that portrays the optimum

way to attain the operation of the repository within the time periods

specified in this subtitle. Such schedule shall include a description of

objectives and a sequence of deadlines for all Federal agencies required to

take action, including an identification of the activities in which a delay in

the start, or completion, of such activities will cause a delay in beginning

repository operation.

(2) Any Federal agency that determines that it cannot comply with

any deadline in the project decision schedule, or fails to so comply,

shall submit to the Secretary and to the Congress a written report

explaining the reason for its failure or expected failure to meet such

deadlines, the reason why such agency could not reach an agreement

with the Secretary, the estimated time for completion of the activity or

activities involved, the associated effect on its other deadlines in the

project decision schedule, and any recommendations it may have or

actions it intends to take regarding any improvements in its operation

or organization, or changes to its statutory directives or authority, so

that it will be able to mitigate the delay involved. The Secretary,

within 30 days after receiving any such report, shall file with the

Congress his response to such report, including the reasons why the

Secretary could not amend the project decision schedule to

accommodate the Federal agency involved.

(f) ENVIRONMENTAL IMPACT STATEMENT-

(1) Any recommendation made by the Secretary under this section

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 USC 4321 et seq.). A final

environmental impact statement prepared by the Secretary under such

Act shall accompany any recommendation to the President to approve

a site for a repository.

(2) With respect to the requirements imposed by the National

Environmental Policy Act of 1969 (42 USC 4321 et seq.), compliance

with the procedures and requirements of this Act shall be deemed

adequate consideration of the need for a repository, the time of the

initial availability of a repository, and all alternatives to the isolation

of high-level radioactive waste and spent nuclear fuel in a repository.

(3) For purposes of complying with the requirements of the

National Environmental Policy Act of 1969 (42 USC 4321 et seq.) and

this section, the Secretary need not consider alternative sites to the

Yucca Mountain site for the repository to be developed under this

subtitle.

418
42 USC 10135.

Notice of

disapproval,

submittal to

Congress.

(4) Any environmental impact statement prepared in connection

with a repository proposed to be constructed by the Secretary under

this subtitle shall, to the ex tent practicable, be adopted by the

Commission in connection with the issuance by the Commission of a

construction authorization and license for such repository. To the

extent such statement 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 (42 USC 4321

et seq.) 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 under the Atomic

Energy Act of 1954 (42 USC 2011 et seq.).

(5) Nothing in this Act shall be construed to amend or otherwise

detract from the licensing requirements of the Nuclear Regulatory

Commission established in title II of the Energy Reorganization Act of

1974 (42 USC 5841 et seq.).

(6) In any such statement prepared with respect to the repository to

be constructed under this subtitle, the Nuclear Regulatory Commission

need not consider the need for a repository, the time of initial

availability of a repository, alternate sites to the Yucca Mountain site,

or nongeologic alternatives to such site.4

Sec. 115. Review of Repository Site Selection

(a) DEFINITION-For purposes of this section, the term "resolution of

repository siting approval" means a joint resolution of the Congress, the

matter after the resolving clause of which is as follows: That there hereby

is approved the site at. for a repository, with respect to which a notice of

disapproval was submitted by _ on . The first blank space in such

resolution shall be filled with the name of the geographic location of the

proposed site of the repository to which such resolution pertains; the

second blank space in such resolution shall be filled with the designation

of the State Governor and legislature or Indian tribe governing body

submitting the notice of disapproval to which such resolution pertains;

and the last blank space in such resolution shall be filled with the date of

such submission.

(b) STATE OR INDIAN TRIBE PETITIONS-The designation of a

site as suitable for application for a construction authorization for a

repository shall be effective at the end of the 60-day period beginning on

the date that the President recommend such site to the Congress under

section 114, unless the Government and legislature of the State in which

such site is located, or the governing body of an Indian tribe on whose

reservation such site is located, as the case may be, has subtfiitqdlsbmcthe

Congress a notice of disapproval under section 116 or 118

notice of disapproval has been submitted, the designation of such site

shall not be effective except as provided under subsection (c).

(c) CONGRESSIONAL REVIEW OF PETITIONS-If any notice of

disapproval of a repository site designation has been submitted to the

Congress under section 116 or 118 after a recommendation for approval

of such site is made by the President under section 114, such site shall be

4

Public Law 100-203 (101 Stat. 1330) (1987) section 5011, amended section 114.

419
Introduction of

resolution.

Committee

recommendations.

Discharge of

committee.

disapproved unless, during the first period of 90 calendar days of

continuous session of the Congress after the date of the receipt by the

Congress of such notice of disapproval, the Congress passes a resolution

of repository siting approval in accordance with this subsection approving

such site, and such resolution thereafter becomes law.

(d) PROCEDURES APPLICABLE TO THE SENATE-(1) The

provisions of this subsection are enacted by the Congress-

(A) as an exercise of the rulemaking power of the Senate, and

as such they are deemed a part of the rules of the Senate, but

applicable only with respect to the procedure to be followed in the

Senate in the case of resolutions of repository siting approval, and

such provisions supersede other rules of the Senate only to the

extent that they are inconsistent with such other rules; and

(B) with full recognition of the constitutional right of the

Senate to change the rules (so far as relating to the procedure of the

Senate) at any time, in the same, manner and to the same extent as

in the case of any other rule of the Senate.

(2)(A) Not later than the first day of session following the day on

which any notice of disapproval of a repository site selection is

submitted to the Congress under section 116 or 118, a resolution of

repository siting approval shall be introduced (by request) in the

Senate by the chairman of the committee to which such notice of

disapproval is referred, or by a Member of Members of the Senate

designated by such chairman.

(B) Upon introduction, a resolution of repository siting approval shall

be referred to the appropriate committee or committees of the Senate by

the President of the Senate, and all such resolutions with respect to the

same repository site shall be referred to the same committee or

committees. Upon the expiration of 60 calendar days of continuous

session after the introduction of the first resolution of repository

siting approval with respect to any site, each committee to which

such resolution was referred shall make its recommendations to the

Senate.

(3) If any committee to which is referred a resolution of siting

approval introduced under paragraph (2)(A), or, in the absence of such

a resolution, any other resolution of siting approval introduced with

respect to the site involved, has not reported such resolution at the end

of 60 days of continuous session of Congress after introduction of

such resolution, such committee shall be deemed to be discharged

from further consideration of such resolution, and such resolution shall

be placed on the appropriate calendar of the Senate.

(4)(A) When each committee to which a resolution of siting

approval has been referred has reported, or has been deemed to be

discharged from further consideration of, a resolution described in

paragraph (3), it shall at any time thereafter be in order (even though a

previous motion to the same effect has been disagreed to) for any

Member of the Senate to move to proceed to the consideration of such

resolution. Such motion shall be highly privilege and shall not be

debatable. Such motion shall not be subject to amendment, to a motion

to postpone, or to a motion to proceed to the consideration of other

420
business. A motion to reconsider the vote by which such motion is

agreed to or disagreed to shall not be in order. If a motion to proceed

to the consideration of such resolution is agreed to, such resolution

shall remain the unfurnished business of the Senate until disposed of.

Debate. (B) Debate on a resolution of siting approval, and on all

debatable motions and appeals in connection with such resolution,

shall be limited to not more than 10 hours, which shall be divided

equally between Members favoring and Members opposing such

resolution. A motion further to limit debate shall be in order and

shall not be debatable. Such motion shall not be subject to

amendment, to a motion to postpone, or to a motion to proceed to

the consideration of other business, and a motion to recommit such

resolution shall not be in order. A motion to reconsider the vote by

which such resolution is agreed to or disagreed to shall not be in

order.

(C) Immediately following the conclusion of the debate on a

resolution of siting approval, and a single quorum call at the

conclusion of such debate if requested in accordance with rules of

the Senate, the vote on final approval of such resolution shall

occur.

Appeals. (D) Appeals from the decisions of the Chair relating to the

application of the rules of the Senate to the procedure relating to a

resolution of siting approval shall be decided without debate.

(5) If the Senate receives from the House a resolution of repository

siting approval with respect to any site, then the following procedure

shall apply:

(A) The resolution of the House with respect to such site shall

not be referred to a committee.

(B) With respect to the resolution of the Senate with respect to

such site-

(i) the procedure with respect to that or other resolutions of

the Senate with respect to such site shall be the same as if no

resolution from the House with respect to such site had been

received; but

(ii) on any vote on final passage of a resolution of the

Senate with respect to such site, a resolution from the House

with respect to such site where the text is identical shall be

automatically substituted for the resolution of the Senate.

(e) PROCEDURES APPLICABLE TO THE HOUSE OF

REPRESENTATIVES-

(1) The provisions of this section are enacted by the Congress-

(A) as an exercise of the rulemaking power of the House of

Representatives, and as such they are deemed a part of the rules of

the House, but applicable only with respect to the procedure to be

followed in the House in the case of resolutions of repository siting

approval, and such provisions supersede other rules of the House

only to the extent that they are inconsistent with such other rules;

and

(B) with full recognition of the constitutional right of the House

to change the rules (so far as relating to the procedure of the

421
House) at any time, in the same manner and to the same extent as

in the case of any other rule of the House.

(2) Resolutions of repository siting approval shall upon

introduction be immediately referred by the Speaker of the House to

the appropriate committee or committees of the House. Any such

resolution received from the Senate shall be held at the Speaker's

table.

Discharge of (3) Upon the expiration of 60 days of continuous session after the

committee. introduction of the first resolution of repository siting approval with

respect to any site, each committee to which such resolution was

referred shall be discharged from further consideration of such

resolution, and such resolution shall be referred to the appropriate

calendar, unless such resolution or an identical resolution was

previously reported by each committee to which it was referred.

Resolution, (4) It shall be in order for the Speaker to recognize a Member

consideration favoring a resolution to call up a resolution of repository siting

and debate. approval after it has been on the appropriate calendar for 5 legislative

days. When any such resolution is called up, the House shall proceed

to its immediate consideration and the Speaker shall recognize the

Member calling up such resolution and a Member opposed to such

resolution for 2 hours of debate in the House, to be equally divided

and controlled by such Members. When such time has expired, the

previous question shall be considered as ordered on the resolution to

adoption without intervening motion. No amendment to any such

resolution shall be in order, nor shall it be in order to move to

reconsider the vote by which such resolution is agreed to or disagreed

to.

(5) If the House receives from the Senate a resolution of repository

siting approval with respect to any site, then the following procedure

shall apply:

(A) The resolution of the Senate with respect to such site shall

not be referred to a committee.

(B) With respect to the resolution of the House with respect to

such site-

(i) the procedure with respect to that or other resolutions of

the House with respect to such site shall be the same as if no

resolution from the Senate with respect to such site had been

received; but

(ii) on any vote on final passage of a resolution of the

House with respect to such site, a resolution from the Senate

with respect to such site where the text is identical shall be

automatically substituted for the resolution of the House.

(f) COMPUTATION OF DAYS-For purposes of this section-

(1) continuity of session of Congress is broken only by an

adjournment sine die; and

(2) the days on which either House is not in session because of an

adjournment of more than 3 days to a day certain are excluded in the

computation of the 90-day period referred to in subsection (c) and the

60-day period referred to in subsections (d) and (e).

422
42 USC 10136.

Potentially

acceptable site.

Notice of

disapproval,

submittal to

Congress.

(g) INFORMATION PROVIDED TO CONGRESS-In considering

any notice of disapproval submitted to the Congress under section 116 or

118, the Congress may obtain any comments of the Commission with

respect to such notice of disapproval. The provision of such comments by

the Commission shall not be construed as binding the Commission with

respect to any licensing or authorization action concerning the repository

involved.

See. 116. Participation of States

(a) NOTIFICATION OF STATES AND AFFECTED TRIBES-The

Secretary shall identify the States with one or more potentially acceptable

sites for a repository within 90 days after the date of enactment of this

Act. Within 90 days of such identification, the Secretary shall notify the

Governor, the State legislature, and the tribal council of any affected

Indian tribe in any State of the potentially acceptable sites within such

State. For the purposes of this title, the term "potentially acceptable site"

means any site at which, after geologic studies and field mapping but

before detailed geologic data gathering, the Department undertakes

preliminary drilling and geophysical testing for the definition of site

location.

(b) STATE PARTICIPATION IN REPOSITORY SITING

DECISIONS-(1) Unless otherwise provided by State law, the Governor

or legislature of each State shall have authority to submit a notice of

disapproval to the Congress under paragraph (2). In any case in which

State law provides for submission of any such notice of disapproval by

any other person or entity, any reference in this subtitle to the Governor or

legislature of such State shall be considered to refer instead to such other

person or entity.

(2) Upon the submission by the President to the Congress of a

recommendation of a site for a repository, the Governor or legislature

of the State in which such site is located may disapprove the site

designation and submit to the Congress a notice of disapproval. Such

Governor or legislature may submit such a notice of disapproval to the

Congress not later than the 60 days after the date that the President

recommends such site to the Congress under section 114. A notice of

disapproval shall be considered to be submitted to the Congress on the

date of the transmittal of such notice of disapproval to the Speaker of

the House and the President pro tempore of the Senate. Such notice of

disapproval shall be accompanied by a statement of reasons explaining

why such Governor or legislature disapproved the recommended

repository site involved.

(3) The authority of the Governor or legislature of each State under

this subsection shall not be applicable with respect to any site located

on a reservation.

(c) FINANCIAL ASSISTANCE-(1)(A) The Secretary shall make

grants to the State of Nevada and any affected unit of local government

for the purpose of participating in activities required by this section and

section 117 or authorized by written agreement entered into pursuant to

section 117(c). Any salary or travel expense that would ordinarily be

incurred by such State or affected unit of local government, may not be

considered eligible for funding under this paragraph.

423
Grants. (B) The Secretary shall make grants to the State of Nevada and

any affected unit of local government for purposes of enabling

such State or affected unit of local government-

(i) to review activities taken under this subtitle with respect

to the Yucca Mountain site for purposes of determining any

potential economic, social, public health and safety, and

environmental impacts of a repository on such State, or

affected unit of local government and its residents;

(ii) to develop a request for impact assistance under

paragraph (2);

(iii) to engage in any monitoring, test, or evaluation

activities with respect to site characterization programs with

regard to such site;

(iv) to provide information to Nevada residents regarding

any activities of such State , the Secretary, or the Commission

with respect to such site; and

(v) to request information from, and make comments and

recommendations to, the Secretary regarding any activities

taken under this subtitle with respect to such site.

(C) Any salary or travel expense that would ordinarily be

incurred by the State of Nevada or any affected unit of local

government may not be considered eligible for funding under this

paragraph.

(2)(A)(i) The Secretary shall provide financial and technical

assistance to the State of Nevada, and any affected unit of local

government requesting such assistance.

(ii) Such assistance shall be designed to mitigate the impact

on such State or affected unit of local government of the

development of such repository and the characterization of

such site.

(iii) Such assistance to such State or affected unit of local

government of such State shall commence upon the initiation

of site characterization activities.

(B) The State of Nevada and any affected unit of local

government may request assistance under this subsection 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 site characterization activities

at the Yucca Mountain site. Such report shall be submitted to the

Secretary after the Secretary has submitted to the State a general

plan for site characterization activities under section 113(b).

(C) As soon as practicable after the Secretary has submitted

such site characterization plan, the Secretary shall seek to enter

into a binding agreement with the State of Nevada setting forth-

(i) the amount of assistance to be provided under this

subsection to such State or affected unit of local government;

and

(ii) the procedures to be followed in providing such

assistance.

424
(3)(A) In addition to financial assistance provided under

paragraphs (1) and (2), the Secretary shall grant to the State of Nevada

and any affected unit of local government an amount each fiscal year

equal to the amount such State or affected unit of local government,

respectively, would receive if authorized to tax site characterization

activities at such site, and the development and operation of such

repository, as such State or affected unit of local government taxes the

non-Federal real property and industrial activities occurring within

such State or affected unit of local government.

(B) Such grants shall continue until such time as all such

activities, development, and operation are terminated at each such

site.

(4)(A) The State of Nevada or any affected unit of local

government may not receive any grant under paragraph (1) after the

expiration of the 1 year period following-

(i) the date on which the Secretary notifies the Governor

and legislature of the State of Nevada of the termination of site

characterization activities at the site in such State;

(ii) the date on which the Yucca Mountain site is

disapproved under section 115; or

(iii) the date on which the Commission disapproves an

application for a construction authorization for a repository at

such site; whichever occurs first.

(B) The State of Nevada or any affected unit of local

government may not receive any further assistance under

paragraph (2) with respect to a site if repository construction

activities or site characterization activities at such site are

terminated by the Secretary or if such activities are permanently

enjoined by any court.

(C) At the end of the 2-year period beginning on the effective

date of any license to receive and possess for a repository in a

State, no Federal funds, shall be made available to such State or

affected unit of local government under paragraph (1) or (2),

except for-

(i) such funds as may be necessary to support activities

related to any other repository located in, or proposed to be

located in, such State, and for which a license to receive and

possess has not been in effect for more than 1 year;

(ii) such funds as may be necessary to support State

activities pursuant to agreements or contracts for impact

assistance entered into, under paragraph (2), by such State with

the Secretary during such 2-year period; and

(iii) such funds as may be provided under an agreement

entered into under title IV.

(5).Financial assistance authorized in this subsection shall be made

out of amounts held in the Waste Fund.

425
42 USC 10137.

Information

request,

response.

(6) No State, other than the State of Nevada, may receive financial

assistance under this subsection after the date of the enactment of the

Nuclear Waste Policy Amendments Act 1987.5

(d) ADDITIONAL NOTIFICATION AND CONSULTATIONWhenever the Secretary is required under any provision of this Act to

notify or consult with the governing body of an affected Indian tribe

where a site is located, the Secretary shall also notify or consult with, as

the case may be, the Governor of the State in which such reservation is

located.

Sec. 117. Consultation with States and Affected Indian Tribes

(a) PROVISION OF INFORMATION-(l) The Secretary, the

Commission, and other agencies involved in the construction, operation,

or regulation of any aspect of a repository in a State shall provide to the

Governor and legislature of such State, and to the governing body of any

affected Indian tribe, timely and complete information regarding

determinations or plans made with respect to the site characterization

siting, development, design, licensing, construction, operation, regulation,

or decommissioning of such repository.

(2) Upon written request for such information by the Governor or

legislature of such State, or by the governing body of any affected

Indian tribe, as the case may be, the Secretary shall provide a written

response to such request within 30 days of the receipt of such request.

Such response shall provide the information requested or, in the

alternative, the reasons .why the information cannot be so provided. If

the Secretary fails to so respond within such 30 days, the Governor or

legislature of such State, or the governing body of any affected Indian

tribe, as the case may be, may transmit a formal written objection to

such failure to respond to the President. If the President or Secretary

fails to respond to such written request within 30 days of the receipt by

the President of such formal written objection, the Secretary shall

immediately suspend all activities in such State authorized by this

subtitle, and shall not renew such activities until the Governor or

legislature of such State, or the governing body of any affected Indian

tribe, as the case may be, has received the written response to such

written request required by this subsection.

(b) CONSULTATION AND COOPERATION-In performing any

study of an area within a State for the purpose of determining the

suitability of such area for a repository pursuant to section 112(c), and in

subsequently developing and loading any repository within such State, the

Secretary shall consult and cooperate with the Governor and legislature of

such State and the governing body of any affected Indian tribe in an effort

to resolve the concerns of such State and any affected Indian tribe

regarding the public health and safety, environmental, and economic

impacts of any such repository. In carrying out his duties under this

subtitle, the Secretary shall take such concerns into account to the

maximum extent feasible and as specified in written agreements entered

into under subsection (c).

5

Public Law 100-203 (101 Stat. 1330) (1987) section 5032, amended section 116(c).

426
Report to

Congress.

Report, review

and comments.

(c) WRITTEN AGREEMENT-Not later than 60 days after (1) the

approval of a site for site characterization for such a repository under

section 112(c), or (2) the written request of the State or Indian tribe in any

affected State notified under section 116(a) to the Secretary, whichever,

first occurs, the Secretary shall seek to enter into a binding written

agreement, and shall begin negotiations, with such State and, where

appropriate, to enter into a separate binding agreement with the governing

body of any affected Indian tribe, setting forth (but not limited to) the

procedures under which the requirements of subsections (a) and (b), and

the provisions of such written agreement, shall be carried out. Any such

written agreement shall not affect the authority of the Commission under

existing law. Each such written agreement shall, to the maximum extent

feasible, to completed no later than 6 months after such notification. If

such written agreement is not completed within such period, the Secretary

shall report to the Congress in writing within 30 days on the status of

negotiation to develop such agreement and the reasons why such

agreement has not been completed. Prior to submission of such report to

the Congress, the Secretary shall transmit such report to the Governor of

such State or the governing body of such affected Indian tribe, as the case

may be, for their review and comments. Such comments shall be included

in such report prior to submission to the Congress. Such written

agreement shall specify procedures-

(1) by which such State or governing body of an affected Indian

tribe, as the case may be, may study, determine, comment on, and

make recommendations with regard to the possible public health and

safety, environmental, social, and economic impacts of any such

repository;

(2) by which the Secretary shall consider and respond to comments

and recommendations made by such State or governing body of an

affected Indian tribe, including the period in which the Secretary shall

so respond;

(3) by which the Secretary and such State or governing body of an

affected Indian tribe may review or modify the agreement

periodically;

(4) by which such State or governing body of an affected Indian

tribe is to submit an impact report and request for impact assistance

under section 116(c) or section 118(b), as the case may be;

(5) by which the Secretary shall assist such State, and the units of

general local government in the vicinity of the repository site, in ,

resolving the offsite concerns of such State and units of general local

government, including, but not limited to, questions of State liability

arising from accidents, necessary road upgrading and access to the

site, ongoing emergency preparedness and emergency response,

monitoring of transportation of high-level radioactive waste and spent

nuclear fuel through such State, conduct of baseline health studies of

inhabitants in neighboring communities near the repository site and

reasonable periodic monitoring thereafter, and monitoring of the

repository site upon any decommissioning and decontamination;

(6) by which the Secretary shall consult and cooperate with such

State on a regular, ongoing basis and provide for an orderly process

427
State

notification.

Transportation

of radioactive

waste and spent

nuclear fuel.

Monitoring and

testing.

42 USC 10138.

Notice of

disapproval,

submittal to

Congress.

Grants.

and timely schedule for State review and evaluation, including

identification in the agreement of key events, milestones, and decision

points in the activities of the Secretary at the potential repository site;

(7) by which the Secretary shall notify such State prior to the

transportation of any high-level radioactive waste and spent nuclear

fuel into such State for disposal at the repository site;

(8) by which such State may conduct reasonable independent

monitoring and testing of activities on the repository site, except that

such monitoring and testing shall not unreasonably interfere with or

delay onsite activities;

(9) for sharing, in accordance with applicable law, of all technical

and licensing information, the utilization of available expertise, the

facilitating of permit procedures, joint project review, and the

formation of joint surveillance and monitoring arrangements to carry

out applicable Federal and State laws;

(10) for public notification of the procedures specified under the

preceding paragraphs; and

(11) for resolving objections of a State and affected Indian tribes at

any stage of the planning, siting, development, construction, operation,

or closure of such a facility within such State through negotiation,

arbitration, or other appropriate mechanisms.

(d) ON-SITE REPRESENTATIVE-The Secretary shall offer to any

State, Indian tribe or unit of local government within whose jurisdiction a

site for a repository or monitored retrievable storage facility is located

under this title an opportunity to designate a representative to conduct onsite oversight activities at such site. Reasonable expenses of such

representatives shall be paid out of the Waste Fund.

Sec. 118. Participation of Indian Tribes

(a) PARTICIPATION OF INDIAN TRIBES IN REPOSITORY

SITING DECISIONS-Upon the submission by the President to the

Congress of a recommendation of a site for a repository located on the

reservation of an affected Indian tribe, the governing body of such Indian

tribe may disapprove the site designation and submit to the Congress a

notice of disapproval. The governing body of such Indian tribe may

submit such a notice of disapproval to the Congress not later than the 60

days after the date that the President recommends such site to the

Congress under section 114. A notice of disapproval shall be considered

to be submitted to the Congress on the date of the transmittal of such

notice of disapproval to the Speaker of the House and the President pro

tempore of the Senate. Such notice of disapproval shall be accompanied

by a statement of reasons explaining why the governing body of such

Indian tribe disapproved the recommended repository site involved.

(b) FINANCIAL ASSISTANCE-(1) The Secretary shall make grants

to each affected tribe notified under section 116(a) for the purpose of

participating in activities required by section 117 or authorized by written

agreement entered into pursuant to section 117(c). Any salary or travel

expense that would ordinarily be incurred by such tribe, may not be

considered eligible for funding under this paragraph.

6

public Law 100-203 (101 Stat. 1330)(1987) section 5011,added section 117(d). 428
(2) (A) The Secretary shall make grants to each affected Indian

tribe where a candidate site for a repository is approved under section

112(c). Such grants may be made to each such Indian tribe only for

purposes of enabling such Indian tribe-

(i) to review activities taken under this subtitle with respect

to such site for purposes of determining any potential economic, social, public health and safety, and environmental

impacts of such repository on the reservation and its residents;

(ii) to develop a request for impact assistance under

paragraph (2);

(iii) to engage in any monitoring, testing, or evaluation

activities with respect to site characterization programs with

regard to such site;

(iv) to provide information to the residents of its reservation

regarding any activities of such Indian tribe, the Secretary, or

the Commission with respect to such site; and

(v) to request information from, and make comments and

recommendations to, the Secretary regarding any activities

taken under this subtitle with respect to such site.

(B) The amount of funds provided to any affected Indian tribe

under this paragraph in any fiscal year may not exceed 100 percent

of the costs incurred by such Indian tribe with respect to the

activities described in clauses (i) through (v) of subparagraph (A).

Any salary or travel expense that would ordinarily be incurred by such Indian tribe may not be considered eligible for funding under

this paragraph. (3) (A) The Secretary shall provide financial and technical

assistance to any affected Indian tribe requesting such assistance and

where there is a site with respect to which the Commission has

authorized construction of a repository. Such assistance shall be

designed to mitigate the impact on such Indian tribe of the

development of such repository. Such assistance to such Indian tribe

shall commence within 6 months following the granting by the

Commission of a construction authorization for such repository and

following the initiation of construction activities at such site.

Report (B) Any affected Indian tribe desiring assistance under this

submittal, paragraph shall prepare and submit to the Secretary a report on any economic, social, public health and safety, and environmental

impacts that are likely as a result of the development of a

repository at a site on the reservation of such Indian tribe. Such

report shall be submitted to the Secretary following the completion

of site characterization activities at such site and before the

recommendation of such site to the President by the Secretary for

application for a construction authorization for a repository. As

soon as practicable following the granting of a construction

authorization for such repository, the Secretary shall seek to enter

into a binding agreement with the Indian tribe involved setting

forth the amount of assistance to be provided to such Indian tribe

under this paragraph and the procedures to be followed in

providing such assistance.

429
(4) The Secretary shall grant to each affected Indian tribe where a

site for a repository is approved under section 112(c) an amount each

fiscal year equal to the amount such Indian tribe would receive were it

authorized to tax site characterization activities at such site, and the

development and operation of such repository, as such Indian tribe

taxes the other commercial activities occurring on such reservation.

Such grants shall continue until such time as all such activities,

development, and operation are terminated at such site.

Grants, (5) An affected Indian tribe may not receive any grant under

limitation, paragraph (1) after the expiration of the 1-year period following-

(i) the date on which the Secretary notifies such Indian tribe

of the termination of site characterization activities at the

candidate site involved on the reservation of such Indian tribe;

(ii) the date on which such site is disapproved under section

115;

(iii) the date on which the Commission disapproves an

application for a construction authorization for a repository at

such site;

(iv) the date of the enactment of the Nuclear Waste Policy

Amendments Acts of 1987;7 whichever occurs first, unless

there is another candidate site on the reservation of such Indian

tribe that is approved under section 112(c) and with respect to

which the actions described in clauses (i), (ii), and (iii) have not

been taken.

(B) An affected Indian tribe may not receive any further

assistance under paragraph (2) with respect to a site if repository

construction activities at such site are terminated by the Secretary

or if such activities are permanently enjoined by any court.

Funding. (C) At the end of the 2-year period beginning on the effective

date of any license to receive and possess for a repository at a site

on the reservation of an affected Indian tribe, no Federal funds

shall be made available under paragraph (1) or (2) to such Indian

tribe, except for-

(i) such funds as may be necessary to support activities of

such Indian tribe related to any other repository where a license

to receive and possess has not been in effect for more than I

year; and

(ii) such funds as may be necessary to support activities of

such Indian tribe pursuant to agreements or contracts for

impact assistance entered into, under paragraph (2), by such

Indian tribe with the Secretary during such 2-year period.

(6) Financial assistance authorized in this subsection shall be made

out of amounts held in the Nuclear Waste Fund established in section

302.

'Public Law 100-203 (101 Stat. 1330) (1987) section 5033, amended section 11 8(b)(5)(ii) and (iv).

430
42 USC 10139.

42 USC 10140.

Sec. 119. Judicial Review of Agency Actions

(a) JURISDICTION OF UNITED STATES COURTS OF APPEALS-

(1) Except for review in the Supreme Court of 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 subtitle;

(B) alleging the failure of the Secretary, the President, or the

Commission to make any decision, or take any action, required

under this subtitle;

(C) challenging the constitutionality of any decision made, or

action taken, under any provision of this subtitle;

(D) for review of any environmental impact statement prepared

pursuant to the National Environmental Policy Act of 1969 (42

USC 4321 et seq.) with respect to any action under this subtitle, or

as required under section 135(c) (1), or alleging a failure to prepare

such statement with respect to any such action;

(E) for review of any environmental assessment prepared under

section 112(b) (1) or 135(c)(2); or

(F) for review of any research and development activity under

title II.

(2) The venue of any proceeding under this section shall be in the

judicial circuit in which the petitioner involved resided or has its

principle office, or in the United States Court of Appeals for the

District of Columbia.

(c) Deadline For Commencing Action-A civil action for judicial

review described under subsection (a)(1) may be brought not later than the

180th day 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 not later than the 180th day after the

date such party acquired actual or constructive knowledge of such

decision, action, or failure to act.

Sec. 120. Expedited Authorizations

(a) ISSUANCE OF AUTHORIZATION-(1) To the extent that the

taking of any action related to the site characterization of a site or the

construction or initial operation of a repository under this subtitle requires

a certificate, right-of-way, permit, lease, or other authorization from a

Federal agency or officer, such agency or officer shall issue or grant any

such authorization at the earliest practicable date, to the extent permitted

by the applicable provisions of law administered by such agency or

officer. All actions of a Federal agency or officer with respect to

consideration of applications or requests for the issuance or grant of any

such authorization shall be expedited, and any such application or request

shall take precedence over any similar applications or requests not related

to such repositories.

431
42 USC 10141.

(2) The provisions of paragraph (1) shall not apply to any

certificate, right-of-way, permit, lease, or other authorization issued or

granted by, or requested from, the Commission.

(b) Terms Of Authorizations.-Any authorization issued or granted

pursuant to subsection (a) shall include such terms and conditions as may

be required by law, and may include terms and conditions permitted by

law.

Sec. 121. Certain Standards and Criteria

(a) ENVIRONMENTAL PROTECTION AGENCY STANDARDSNot later than 1 year after the date of the enactment of this Act, the

Administrator, pursuant to authority under other provisions of law, shall,

by rule, promulgate generally applicable standards for protection of the

general environment from offsite releases from radioactive material in

repositories.

(b) Commission Requirements And Criteria-(1) (A) Not later than

January 1, 1984, the Commission, pursuant to authority under other

provisions of law, shall, by rule promulgate technical requirements and

criteria that it will apply, under the Atomic Energy Act of 1954 (42 USC

2011 et seq.) and the Energy Reorganization Act of 1974 (42 USC 5801 et

seq.), in approving or disapproving.-

(i) applications for authorization to construct repositories;

(ii) applications for licenses to receive and possess spent

nuclear fuel and high-level radioactive waste in such

repositories; and

(iii) applications for authorization for closure and

decommissioning of such repositories.

(B) Such criteria shall provide for the use of a system of

multiple barriers in the design of the repository and shall include

such restrictions on the retrievability of the solidified high-level

radioactive waste and spent fuel emplaced in the repository as the

Commission deems appropriate.

(C) Such requirements and criteria shall not be inconsistent

with any comparable standards promulgated by the Administrator

under subsection (a).

(2) For purposes of this Act, nothing in this section shall be

constructed to prohibit the Commission from promulgating

requirements and criteria under paragraph (1) before the Administrator

promulgates standards under subsection (a). If the Administrator

promulgates standards under subsection (a) after requirements and

criteria are promulgated by the Commission under paragraph (1), such

requirements and criteria shall be revised by the Commission if

necessary to comply with paragraph (1) (C).

(c) Environmental Impact Statements-The promulgation of standards

or criteria in accordance with the provisions of this section shall not

require the preparation of an environmental impact statement under

section 102(2)(C) of the National Environmental Policy Act of 1969 (42

USC 4332(2)(C)), or to require any environmental review under

subparagraph (E) or (F) of section 102(2) of such Act.

432
42 USC 10142.

42 USC 10143.

42 USC 10144.

42 USC 10145.

Sec. 122. Disposal of Spent Nuclear Fuel

Notwithstanding any other provision of this subtitle, any repository

constructed on a site approved under this subtitle shall be designed and

constructed to permit the retrieval of any spent nuclear fuel placed in such

repository, during an appropriate period of operation of the facility, for

any reason pertaining to the public health and safety, or the environment,

or for the purpose of permitting the recovery of the economically valuable

contents of such spent fuel. The Secretary shall specify the appropriate

period of retrievability with respect to any repository at the time of design

of such repository, and such aspect of such repository shall be subject to

approval or disapproval by the Commission as part of the construction

authorization process under subsections(b) through (d) of section 114.

Sec. 123. Title to Material

Delivery, and acceptance by the Secretary, of any high-level

radioactive waste or spent nuclear fuel for a repository constructed under

this subtitle shall constitute a transfer to the Secretary of title to such

waste or spent fuel.

Sec. 124. Consideration of Effect of Acquisition of Water Rights

The Secretary shall give full consideration to whether the

development, construction, and operation of a repository may require any

purchase or other acquisition of water rights that will have a significant

adverse effect on the present or future development of the area in which

such repository is located. The Secretary shall mitigate any such adverse

effects to the maximum extent practicable.

Sec. 125. Termination of Certain Provisions

Sections 119 and 120 shall cease to have effect at such time as a

repository developed under this subtitle is licensed to receive and possess high-level radioactive waste and spent nuclear fuel.

Subtitle B-Interim Storage Program

Sec. 131. Findings and Purposes

(a) FINDINGS-The congress finds that-

(1) the persons owning and operating civilian nuclear power

reactors have the primary responsibility for providing interim storage

of spent nuclear fuel from such reactors by maximizing, to the extent

practical, the effective use of existing storage facilities at the site of

each civilian nuclear power reactor, and by adding new onsite storage

capacity in a timely manner where practical;

(2) the Federal Government has the responsibility to encourage and

expedite the effective use of existing storage facilities and the addition

of needed new storage capacity at the site of each civilian nuclear

power reactor; and

(3) the Federal Government has the responsibility to provide, in

accordance with the provisions of this subtitle, not more than 1,900

metric tons of capacity for interim storage of spent nuclear fuel for

civilian nuclear power reactors that cannot reasonably provide

adequate storage capacity at the sites of such reactors when needed to

assure the continued, orderly operation of such reactors.

(b) Purposes.-The purposes of this subtitle are42 USC 10151.

433
42 USC 10152.

42 USC 10153.

Licensing

procedures.

42 USC 10154.

Summary

submittal of

facts, data and

arguments.

(1) to provide for the utilization of available spent nuclear fuel

pools at the site of each civilian nuclear power reactor to the extent

practical and the addition of new spent nuclear fuel storage capacity

where practical at the site of such reactor; and

(2) to provide, in accordance with the provisions of this subtitle,

for the establishment of a federally owned and operated system for the

interim storage of spent nuclear fuel at one or more facilities owned by

the Federal Government with not more than 1,900 metric tons of

capacity to prevent disruptions in the orderly operation of any civilian

nuclear power reactor that cannot reasonably provide adequate spent

nuclear fuel storage capacity at the site of such reactor when needed.

Sec. 132. Available Capacity for Interim Storage of Spent Nuclear

Fuel

The Secretary, the Commission, and other authorized Federal officials

shall each take such actions as such official considers necessary to

encourage and expedite the effective use of available storage and

necessary additional storage, at the site of each civilian nuclear power

reactor consistent with-

(1) the protection of the public health and safety, and the

environment;

(2) economic considerations;

(3) continued operation of such reactor;

(4) any applicable provisions of law; and

(5) the views of the population surrounding such reactor.

Sec. 133. Interim at Reactor Storage

The Commission shall, by rule, establish procedures for the licensing

of any technology approved by the Commission under section 219(a) for

use at the site of any civilian nuclear power reactor. The establishment of

such procedures shall not preclude the licensing, under any applicable

procedures or rules of the Commission in effect prior to such

establishments, of any technology for the storage of civilian spent nuclear

fuel at the site of any civilian nuclear power reactor.

Sec. 134. Licensing of Facility Expansions and Transshipments

a) ORAL ARGUMENT-In any Commission hearing under section

189 of the Atomic Energy Act of 1954 (42 USC 2239) on an application

for a license, or for an amendment to an existing license, filed after the

date of the enactment of this Act, to expand the spent nuclear fuel storage

capacity at the site of a civilian nuclear power reactor, through the use of

high--density fuel storage racks, fuel rod compaction, the transshipment of

spent nuclear fuel to another civilian nuclear power reactor within the

same utility system, the construction of additional spent nuclear fuel pool

capacity or dry storage capacity, or by other means, the Commission shall,

at the request of any party, provide an opportunity for oral argument with

respect to any matter which the Commission determines to be in

controversy among the parties. The oral arguments shall 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

434
sworn testimony or written submission may be relied upon by the parties

during oral arguments. Of the material that may be submitted by the

parties during oral arguments, the Commission shall only consider those

facts and data that are submitted in the form of sworn testimony or written

submission.

(b) ADJUDICATORY HEARING-(1) At the conclusion of any oral

argument under subsection (a), the Commission shall designate any

disputed questions of fact, together with any remaining questions of law,

for resolution in an adjudicatory hearing only if it determines that-

(A) there is a genuine and substantial dispute of fact which can

only be resolved with sufficient accuracy by the introduction of

evidence in an adjudicatory hearing; and

(B) the decision of the Commission is likely to depend in

whole or in part on the resolution of such dispute.

(2) In making a determination under this subsection, the

Commission-

(A) shall designate in writing the specific facts that are in

genuine and substantial dispute, the reason why the decision of the

agency is likely to depend on the resolution of such facts, and the

reason why an adjudicatory hearing is likely to resolve the dispute;

and

(B) shall not consider-

(i) any issue relating to the design, construction, or

operation of any civilian nuclear power reactor already licensed

to operate at such site, or any civilian nuclear power reactor for

which a construction permit has been granted at such site,

unless the Commission determines that any such issue

substantially affects the design, construction, or operation of

the facility or activity for which such license application,

authorization, or amendment is being considered; or

(ii) any siting or design issue fully considered and decided

by the Commission in connection with the issuance of a

construction permit or operating license for a civilian nuclear

power reactor at such site, unless (I) such issue results from any

revision of siting or design criteria by the Commission

following such decision; and (II) the Commission determines

that such issue substantially affects the design, construction, or

operation of the facility or activity for which such license

application, authorization, or amendment is being considered.

(3) The provisions of paragraph (2)(B) shall apply only with

respect to licenses, authorizations, or amendments to licenses or

authorizations, applied for under the Atomic Energy Act of 1954 (42

USC 2011 et seq.) before December 31, 2005.

(4) The provisions of this section shall not apply to the first

application for a license or license amendment received by the

Commission to expand onsite spent fuel storage capacity by the use of

a new technology not previously approved for use at any nuclear

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)

435
42 USC 10155.

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. 135. Storage of Spent Nuclear Fuel

(a) STORAGE CAPACITY-(l) Subject to section 8, the Secretary

shall provide, in accordance with paragraph (5), not more than 1,900

metric tons of capacity for the storage of spent nuclear fuel from civilian

nuclear power reactors. Such storage capacity shall be provided through

any one or more of the following methods, used in any combination

determined by the Secretary to be appropriate:

(A) use of available capacity at one or more facilities owned by

the Federal Government on the date of the enactment of this Act,

including the modification and expansion of any such facilities, if

the Commission determines that such use will adequately protect

the public health and safety, except that such use shall not-

(i) render such facilities subject to licensing under the

Atomic Energy Act of 1954 (42 USC 2011 et seq.) or the

Energy Reorganization Act of 1974 (42 USC 5801 et. seq.); or

(ii) except as provided in subsection (c) require the

preparation of an environmental impact statement under section

102(2)(C) of the National Environmental Policy Act of 1969

(42 USC 4332(2)(C)), such facility is already being used, or

has previously been used, for such storage or for any similar

purpose.

(B) acquisition of any modular or mobile spent nuclear fuel

storage equipment, including spent nuclear fuel storage casks, and

provision of such equipment, to any person generating or holding

title to spent nuclear fuel, at the site of any civilian nuclear power

reactor operated by such person or at any site owned by the Federal

Government on the date of enactment of this Act;

(C) construction of storage capacity at any site of a civilian

nuclear power reactor.

(2) Storage capacity authorized by paragraph (1) shall not be

provided at any Federal or non-Federal site within which there is a

candidate site for a repository. The restriction in the preceding

sentence shall only apply until such time as the Secretary decides that

such candidate site is no longer a candidate site under consideration

for development as a repository.

(3) In selecting methods of providing storage capacity under

paragraph (1), the Secretary shall consider the timeliness of the

availability of each such method and shall seek to minimize the

transportation of spent nuclear fuel, the public health and safety

impacts, and the costs of providing such storage capacity.

(4) In providing storage capacity through any method described in

paragraph (1), the Secretary shall comply with any applicable

436
requirements for licensing or authorization of such method, except as

provided in paragraph (1)(A)(i).

(5) The Secretary shall ensure that storage capacity is made

available under paragraph (1) when needed, as determined on the basis

of the storage needs specified in contracts entered into under section

136(a), and shall accept upon request any spent nuclear fuel as covered

under such contracts.

Facility. (6) For purposes of paragraph (1)(A), the term "facility" means any

building of structure.

(b) CONTRACTS-(l) Subject to the capacity limitation established in

subsections (a)(1) and (d), the Secretary shall offer to enter into, and may

enter into contracts under section 136(a) with any person generating or

owning spent nuclear fuel for purposes of providing storage capacity for

such spent fuel under this section only if the Commission determines that-

(A) adequate storage capacity to ensure the continued orderly

operation of the civilian nuclear power reactor at which such spent

nuclear fuel is generated cannot reasonably be provided by the

person owning and operating such reactor at such site, or at the

site, of any other civilian nuclear power reactor operated by such

person, and such capacity cannot be made available in a timely

manner through any method described in subparagraph (B); and

(B) such person is diligently pursuing licensed alternatives to

the use of Federal storage capacity for the storage of spent nuclear

fuel expected to be generated by such person in the future,

including-

(i) expansion of storage facilities at the site of any civilian

nuclear power reactor operated by such person;

(ii) construction of new or additional storage facilities at the

site of any civilian nuclear power reactor operated by such

person;

(iii) acquisition of modular or mobile spent nuclear fuel

storage equipment, including spent nuclear fuel storage casks,

for use at the site of any civilian nuclear power reactor operated

by such person; and

(iv) transshipment to another civilian nuclear power reactor

owned by such person.

(2) In making the determination described in paragraph (1)(A), the

Commission shall ensure maintenance of a full core reserve storage

capability at the site of the civilian nuclear power reactor involved

unless the Commission determines that maintenance of such capability

is not necessary for the continued orderly operation of such reactor.

(3) The Commission shall complete the determinations required in

paragraph (1) with respect to any request for storage capacity not later

than 6 months after receipt of such request by the Commission.

(c) ENVIRONMENTAL REVIEW-(1) The provision of 300 or more

metric tons of storage capacity at any one Federal site under subsection

(a)(1)(A) shall be considered to be a major Federal action requiring

preparation of an environmental impact statement under section 102(2)(C)

of the National Environmental Policy Act of 1969 (42 USC 4332(2)(C)).

437
Public

availability.

5 USC 701 et.

seq.

Judicial review.

Investigation.

(2) (A) The Secretary shall prepare, and make available to the

public, an environmental assessment of the probable impacts of any

provision of less than 300 metric tons of storage capacity at any one

Federal site under subsection (a)(1)(A) that requires the modification

or expansion of any facility at the site, and a discussion of alternative

activities that may be undertaken to avoid such impacts. Such

environmental assessment shall include-

(i) an estimate of the amount of storage capacity to be made

available at such site;

(ii) an evaluation as to whether the facilities to be used at

such site are suitable for the provision of such storage capacity;

(iii) a description of activities planned by the Secretary with

respect to the modification or expansion of the facilities to be

used at such site;

(iv) an evaluation of the effects of the provision of such

storage capacity at such site on the public health and safety,

and the environment;

(v) a reasonable comparative evaluation of current

information with respect to such site and facilities and other

sites and facilities available for the provision of such storage

capacity;

(vi) a description of any other sites and facilities that have

been considered by the Secretary for the provision of such

storage capacity; and

(vii) an assessment of the regional and local impacts of

providing such storage capacity at such site, including the

impacts on transportation.

(B) The issuance of any environmental assessment under this

paragraph shall be considered to be final agency action subject to

judicial review in accordance with the provisions of chapter 7 of

title 5, United States Code. Such judicial review shall be limited to

the sufficiency of such assessment with respect to the items

described in clauses (i) through (vii) of subparagraph (A).

(3) Judicial review of any environmental impact statement or

environmental assessment prepared pursuant to this subsection shall be

conducted in accordance with the provisions of section 119.

(d) REVIEW OF SITES AND STATE PARTICIPATION-(l) In

carrying out the provisions of this subtitle with regard to any interim

storage of spent fuel from civilian nuclear power reactors which the

Secretary is authorized by section 135 to provide, the Secretary shall, as

soon as practicable, notify, in writing, the Governor and the State

legislature of any State and the Tribal Council of any affected Indian tribe

in such State in which is located a potentially acceptable site or facility for

such interim storage of spent fuel of his intention to investigate that site or

facility.

(2) During the course of investigation of such site or facility,

the Secretary shall keep the Governor, State legislature, and affected

Tribal Council currently informed of the progress of the work, and results

of the investigation. At the time of selection by the Secretary of any site or

existing facility, but prior to undertaking any site-specific work or

438
alterations, the Secretary shall promptly notify the Governor, the

legislature, and any affected Tribal Council in writing of such selection

and subject to the provisions of paragraph (6) of this subsection' shall

promptly enter into negotiations with such State and affected Tribal

Council to establish a cooperative agreement under which such State and

Council shall have the right to participate in a process of consultation and

cooperation, based on public health and safety and environmental

concerns, in all stages of the planning, development, modification,

expansion, operation, and closure of storage capacity at a site or facility

within such State for the interim storage of spent fuel from civilian

nuclear power reactors. Public participation in the negotiation of such an

agreement shall be provided for and encouraged by the Secretary, the

Guidelines. State, and the affected Tribal Council. The Secretary in cooperation with

the State and Indian tribes, shall develop and publish minimum guideline

for public participation in such negotiations, but the adequacy of such

guidelines or any failure to comply with such guidelines shall not be a

basis for judicial review.

Cooperative (3) The cooperative agreement shall include, but need not be

agreement. limited to, the sharing in accordance with applicable law of all

technical and licensing information, the utilization of available

expertise, the facilitating of permitting procedures, joint project

review, and the formulation of joint surveillance and monitoring

arrangements to carry out applicable Federal and State laws. The

cooperative agreement also shall include a detailed plan or schedule of

milestones, decision points and opportunities for State or eligible

Tribal Council review and objection. Such cooperative agreement shall provide procedures for negotiating and resolving objections of

the State and affected Tribal Council in any stage of planning,

development, modification, expansion, operation, or closure of storage

capacity at a site or facility within such State. The terms of any

cooperative agreement shall not affect the authority of the Nuclear

Regulatory Commission under existing law.

Process of (4) For the purpose of this subsection, "process of consultation

consultation and cooperation" means a methodology by which the Secretary (A) keeps

and the State and eligible Tribal Council fully and currently informed about

cooperation. the aspects of the project related to any potential impact on the public health and safety and environment; (B) solicits, receives, and evaluates

concerns and objections of such State and Council with regard to such

aspects of the project on an ongoing basis; and (C) works diligently and

cooperatively to resolve, through arbitration or other appropriate mechanisms, such concerns and objections. The process of consultation

and cooperation shall not include the grant of a right to any State or Tribal

Council to exercise an absolute veto of any aspect of the planning,

development, modification, expansion, or operation of the project.

Report to (5) The Secretary and the State and affected Tribal Council shall seek

Congress. to conclude the agreement required by paragraph (2) as soon as

practicable, but not later than 180 days following the date of notification of the selection under paragraph (2).The Secretary shall periodically

439
report to the Congress thereafter on the status of the agreements approved

under paragraph (3). Any report to the Congress on the status of

negotiations of such agreement by the Secretary shall be accompanied by

comments solicited by the Secretary from the State and eligible Tribal

Council.

(6) (A) Upon deciding to provide an aggregate of 300 or more metric

tons of storage capacity under subsection (a)(1) at any one site, the

Secretary shall notify the Governor and legislature of the State where such

site is located, or the governing body of the Indian tribe in whose

reservation such site is located, as the case may be, of such decision.

During the 60-day period following receipt of notification by the

Secretary of his decision to provide an aggregate of 300 or more metric

tons of storage capacity at any one site, the Governor or legislature of the

State in which such site is located, or the governing body of the affected

Indian tribe where such site is located, as the case may be, may

disapprove the provision of 300 or more metric tons of storage capacity at

the site involved and submit to the Congress a notice of such disapproval.

Notice of A notice of disapproval shall be considered to be submitted to the

disapproval, Congress on the date of the transmittal of such notice of disapproval to the

submittal to Speaker of the House and

Congress. (B) Unless otherwise provided by State law, the Governor or

legislature of each State shall have authority to submit a notice of

disapproval to the Congress under subparagraph (A). In any case in

which State law provides for submission of any such notice of

disapproval by any other person or entity, any reference in this

subtitle to the Governor or legislature of such State shall be

considered to refer instead to such other person or entity.

(C) The authority of the Governor and legislature of each State

under this paragraph shall not be applicable with respect to any site

located on a reservation.

(D) If any notice of disapproval is submitted to the Congress

under subparagraph (A), the proposed provision of 300 or more metric

tons of storage capacity at the site involved shall be disapproved

unless, during the first period of 90 calendar days of continuous

session of the Congress following the date of the receipt by the

Congress of such notice of disapproval, the Congress passes a

resolution approving such proposed provision of storage capacity in

accordance with the procedures established in this paragraph and

subsections (d) through (f) of section 115 and such resolution

thereafter becomes law. For purposes of this paragraph, the term

Resolution. "resolution" means a joint resolution of either House of the Congress, the matter after the resolving clause of which is as follows: That there

hereby is approved the provision of 300 or more metric tons of spent

nuclear fuel storage capacity at the site located at

s, with respect to which a notice of disapproval was

submitted by on . The first

blank space in such resolution shall be filled with the geographic

location of the site involved; the second blank space in such resolution

shall be filled with the designation of the State Governor and

legislature or affected Indian tribe governing body submitting the

440
Affected Tribal

Council.

5 USC 553.

notice of disapproval involved; and the last blank space in such

resolution shall be filled with the date of submission of such notice of

disapproval.

(E) For purposes of the consideration of any resolution

described in subparagraph (D), each reference in subsections (d)

and (e) of section 115 to a resolution of repository siting approval

shall be considered to refer to the resolution described in such

subparagraph.

(7) As used in this section, the term "affected Tribal Council"

means the governing body of any Indian tribe within whose

reservation boundaries there is located a potentially acceptable site for

interim storage capacity of spent nuclear fuel from civilian nuclear

power reactors, or within whose boundaries a site for such capacity is

selected by the Secretary, or whose federally defined possessory or

usage rights to other lands outside of the reservation's boundaries

arising out of congressionally ratified treaties, as determined by the

Secretary of the Interior pursuant to a petition filed with him by the

appropriate governmental officials of such tribe, may be substantially

and adversely affected by the establishment of any such storage

capacity.

(e) LIMITATIONS-Any spent nuclear fuel stored under this section

shall be removed from the storage site or facility involved as soon as

practicable, but in any event not later than 3 years following the date on

which a repository or monitored retrievable storage facility developed

under this Act is available for disposal of such spent nuclear fuel.

(f) REPORT.-The Secretary shall annually prepare and submit to the

Congress a report on any plans of the Secretary for providing storage

capacity under this section. Such report shall include a description of the

specific manner of providing such storage selected by the Secretary, if

any. The Secretary shall prepare and submit the first such report not later

than 1 year after the date of the enactment of this Act.

(g) CRITERIA FOR DETERMINING ADEQUACY OF

AVAILABLE STORAGE CAPACITY-Not later than 90 days after the

date of the enactment of this Act, the Commission pursuant to section 553

of the Administrative Procedures Act, shall propose, by rule, procedures

and criteria for making the determination required by subsection (b) that a

person owning and operating a civilian nuclear power reactor cannot

reasonably provide adequate spent nuclear fuel storage capacity at the

civilian nuclear power reactor site when needed to ensure the continued

orderly operation of such reactor. Such criteria shall ensure the

maintenance of a full core reserve storage capability at the site of such

reactor unless the Commission determines that maintenance of such

capability is not necessary for the continued orderly operation of such

reactor. Such criteria shall identify the feasibility of reasonably providing

such adequate spent nuclear fuel storage capacity, taking into account

economic, technical, regulatory, and public health and safety factors,

through the use of high-density fuel storage racks, fuel rod compaction,

transshipment of spent nuclear fuel to another civilian nuclear power

reactor within the same utility system, construction of additional spent

441
42 USC 10156.

Study; report to

Congress.

Publication in

Federal

Register.

Fees.

nuclear fuel pool capacity, or such other technologies as may be approved

by the Commission.

(h) APPLICATION-Notwithstanding any other provision of law,

nothing in this Act shall be construed to encourage, authorize, or require

the private or Federal use, purchase, lease, or other acquisition of any

storage facility located away from the site of any civilian nuclear power

reactor and not owned by the Federal Government on the date of the

enactment of this Act.

(i) COORDINATION WITH RESEARCH AND DEVELOPMENT

PROGRAM-To the extent available, and consistent with the provisions of

this section, the Secretary shall provide spent nuclear fuel for the research

and development program authorized in section 217 from spent nuclear

fuel received by the Secretary for storage under this section. Such spent

nuclear fuel shall not be subject to the provisions of subsection (e).

Sec. 136. Interim Storage Fund

(a) CONTRACTS-

(1) During the period following the date of the enactment of this

Act, but not later than January 1, 1990, the Secretary is authorized to

enter into contracts with persons who generate or own spent nuclear

fuel resulting from civilian nuclear activities for the storage of such

spent nuclear fuel in any storage capacity provided under this subtitle:

Provided, however, That the Secretary shall not enter into contracts for

spent nuclear fuel in amounts in excess of the available storage

capacity specified in section 135(a). Those contracts shall provide that

the Federal Government will (1) take title at the civilian nuclear power

reactor site, to such amounts of spent nuclear fuel from the civilian

nuclear power reactor as the Commission determines cannot be stored

onsite, (2) transport the spent nuclear fuel to a federally owned and

operated interim away-from-reactor storage facility, and (3) store such

fuel in the facility pending further processing, storage, or disposal.

Each such contract shall (A) provide for payment to the Secretary of

fees determined in accordance with the provisions of this section; and

(B) specify the amount of storage capacity to be provided for the

person involved.

(2) The Secretary shall undertake a study and, not later than

180 days after the date of the enactment of this Act, submit to the

Congress a report, establishing payment charges that shall be

calculated on an annual basis, commencing on or~before January 1,

1984. Such payment charges and the calculation thereof shall be

published in the Federal Register, and shall become effective not less

than 30 days after publication. Each payment charge published in the

Federal Register under this paragraph shall remain effective for a

period of 12 months from the effective date as the charge for the cost

of the interim storage of any spent nuclear fuel. The report of the

Secretary shall specify the method and manner of collection (including

the rates and manner of payment) and any legislative recommendations

determined by the Secretary to be appropriate.

(3) Fees for storage under this subtitle shall be established on a

nondiscriminatory basis. The fees to be paid by each person entering

into a contract with the Secretary under this subsection shall be based

442
upon an estimate of the pro rata costs of storage and related activities

under this subtitle with respect to such person, including the

acquisition, construction, operation, and maintenance of any facilities

under this subtitle.

(4) The Secretary shall establish in writing criteria setting forth the

terms and conditions under which such storage services shall be made

available.

(5) Except as provided in section 137, nothing in this or any other

Act requires the Secretary, in carrying out the responsibilities of this

section, to obtain a license or permit to possess or own spent nuclear

fuel.

(b) LIMITATION-No spent nuclear fuel generated or owned by any

department of the United States referred to in section 101 or 102 of title 5,

United States Code, may be stored by the Secretary in any storage

capacity provided under this subtitle unless such department transfers to

the Secretary, for deposit in the Interim Storage Fund, amounts equivalent

to the fees that would be paid to the Secretary under the contracts referred

to in this section if such spent nuclear fuel were generated by any other

person.

(c) ESTABLISHMENT OF INTERIM STORAGE FUND-There

hereby is established in the Treasury of the United States a separate fund,

to be know as the Interim Storage Fund. The Storage Fund shall consist

of-

(1) all receipts, proceeds, and recoveries realized by the Secretary

under subsections (a), (b), and (e), which shall be deposited in the

Storage Fund immediately upon their realization;

(2) any appropriations made by the Congress to the Storage Fund;

and

(3) any unexpended balances available on the date of the

enactment of this Act for functions or activities necessary or incident

to the interim storage of civilian spent nuclear fuel, which shall

automatically be transferred to the Storage Fund on such date.

(d) USE OF STORAGE FUND-The Secretary may make

expenditures from the Storage Fund, subject to subsection (e), for any

purpose necessary or appropriate to the conduct of the functions and

activities of the Secretary, or the provision or anticipated provision of

services, under this subtitle, including-

(1) the identification, development, licensing, construction,

operation, decommissioning, and post-decommissioning maintenance

and monitoring of any interim storage facility provided under this

subtitle;

(2) the administrative cost of the interim storage program;

(3) the costs associated with acquisition, design, modification,

replacement, operation, and construction of facilities at an interim

storage site, consistent with the restrictions in section 135;

(4) the cost of transportation of spent nuclear fuel; and

(5) impact assistance as described in subsection (e).

Payments. (e) IMPACT ASSISTANCE-(I) Beginning the first fiscal year which

commences after the date of the enactment of this Act, the Secretary shall

make annual impact assistance payments to a State or appropriate unit of

443
local government, or both, in order to mitigate social or economic impacts

occasioned by the establishment and subsequent operation of any interim

storage capacity within the jurisdictional boundaries of such government

or governments and authorized under this subtitle: Provided, however,

That such impact assistance payments shall not exceed (A) ten percentum

of the costs incurred in paragraphs (1) and (2), or (B) $15 per kilogram of

spent fuel, whichever is less:

(2) Payments made available to States and units of local

government pursuant to this section shall be-

(A) allocated in a fair and equitable manner with a priority to

those States or units of local government suffering the most severe

impacts; and

(B) utilized by States or units of local governments only for (i)

planning, (ii) construction and maintenance of public services, (iii)

provision of public services related to the providing of such interim

storage authorized under this title, and (iv) compensation for loss

of taxable property equivalent to that if the storage had been

provided under private ownership.

Regulations. (3) Such payments shall be subject to such terms and conditions as

the Secretary determines necessary to ensure that the purposes of this

subsection shall be achieved. The Secretary shall issue such

regulations as may be necessary to carry out the provisions of this

subsection.

(4) Payments under this subsection shall be made available solely

from the fees determined under subsection (a).

(5) The Secretary is authorized to consult with States and

appropriate units of local government in advance of commencement of

establishment of storage capacity authorized under this subtitle in an

effort to determine the level of the payment such government would

be eligible to receive pursuant to this subsection.

Unit of local (6) As used in this subsection, the term "unit of local government"

government, means a county, parish, township, municipality, and shall include a

borough existing in the State of Alaska on the date of the enactment of

this subsection, and any other unit of government below the State level

which is a unit of general government as determined by the Secretary.

Report to (f) ADMINISTRATION OF STORAGE FUND-(l) The Secretary of

Congress. the Treasury shall hold the Storage Fund and, after consultation with the

Secretary, annually report to the Congress .on the financial condition and

operations of the Storage Fund during the preceding fiscal year.

Budget (2) The Secretary shall submit the budget of the Storage Fund to

submittal. the Office of Management and Budget triennially along with the

budget of the Department of Energy submitted at such time in

accordance with chapter II of title 31, United States Code. The budget

of the Storage Fund shall consist of estimates made by the Secretary of

expenditures from the Storage Fund and other relevant financial

matters for the succeeding 3 fiscal years, and shall be included in the

Budget of the United States Government. The Secretary may make

expenditures from the Storage Fund, subject to appropriations which

shall remain available until expended. Appropriations shall be subject

to triennial authorization.

444
(3) If the Secretary determines that the Storage Fund contains at

any time amounts in excess of current needs, the Secretary may

request the Secretary of the Treasury to invest such amounts, or any

portion of such amounts as the Secretary determines to be appropriate,

in obligations of the United States-

(A) having maturities determined by the Secretary of the

Treasury to be appropriate to the needs of the Storage Fund; and

(B) bearing interest at rates determined to be appropriate by the

Secretary of the Treasury, taking into consideration the current

average market yield on outstanding marketable obligations of the

United States with remaining periods to maturity comparable to the

maturities of such investments, except that the interest rate on such

investments shall not exceed the average interest rate applicable to

existing borrowings.

(4) Receipts, proceeds, and recoveries realized by the Secretary

under this section, and expenditures of amounts from the Storage

Fund, shall be exempt from annual apportionment under the provisions

of subchapter II of chapter 15 of title 31, United States Code.

(5) If at any time the moneys available in the Storage Fund are

insufficient to enable the Secretary to discharge his responsibilities

under this subtitle, the Secretary shall issue to the Secretary of the

Treasury obligations in such forms and denominations, bearing such

maturities, and subject to such terms and conditions as may be agreed

to by the Secretary and the Secretary of the Treasury. The total of such

obligations shall not exceed amounts provided in appropriation Acts.

Redemption of such obligations shall be made by the Secretary from

moneys available in the Storage Fund. Such obligations shall bear

interest at a rate determined by the Secretary of the Treasury, which

shall be not less than a rate determined by taking into consideration the

average market yield on outstanding marketable obligations of the

United States of comparable maturities during the month preceding the

issuance of the obligations under this paragraph. The Secretary of the

Treasury shall purchase any issued obligations, and for such purpose

the Secretary of the Treasury is authorized to use as a public debt

transaction the proceeds from the sale of any securities issued under

chapter 31 of title 31, United States Code, and the purposes for which

securities may be issued under such Act are extended to include any

purchase of such obligations. The Secretary of the Treasury may at any time sell any of the obligations acquired by him under this paragraph.

All redemptions, purchases, and sales by the Secretary of the Treasury

of obligations under this paragraph shall be treated as public debt

transactions of the United States.

Interest (6) Any appropriations made available to the Storage Fund for any

payments. purpose described in subsection (d) shall be repaid into the general

fund of the Treasury, together with interest from the date of

availability of the appropriations until the date of repayment. Such

interest shall be paid on the cumulative amount of appropriations

available to the Storage Fund, less the average undisbursed cash

balance in the Storage Fund account during the fiscal year involved.

The rate of such interest shall be determined by the Secretary of the

445
Deferral.

42 USC 10157.

42 USC 10161.

Treasury taking into consideration the average market yield during the

month preceding each fiscal year on outstanding marketable

obligations of the United States of comparable maturity. Interest

payments may be deferred with the approval of the Secretary of the

Treasury, but any interest payments so deferred shall themselves bear

interest.

Sec. 137. Transportation

(a) TRANSPORTATION-(1) Transportation of spent nuclear fuel

under section 136(a) shall be subject to licensing and regulation by the

Commission and by the Secretary of Transportation as provided for

transportation of commercial spent nuclear fuel under existing law.

(2) The Secretary, in providing for the transportation of spent

nuclear fuel under this Act, shall utilize by contract private industry to

the fullest extent possible in each aspect of such transportation. The

Secretary shall use direct Federal services for such transportation only

upon a determination of the Secretary of Transportation, in

consultation with the Secretary, that private industry is unable or

unwilling to provide such transportation services at reasonable cost.

Subtitle C-Monitored Retrievable Storage

Sec. 141. Monitored Retrievable Storage

(a) FINDINGS-The Congress finds that-

(1) long-term storage of high-level radioactive waste or spent

nuclear fuel in monitored retrievable storage facilities is an option for

providing safe and reliable management of such waste or spent fuel;

(2) the executive branch and the Congress should proceed as

expeditiously as possible to consider fully a proposal for construction

of one or more monitored retrievable storage facilities to provide such

long-term storage;

(3) the Federal Government has the responsibility to ensure that

site-specific designs for such facilities are available as provided in this

section;

(4) the generators and owners of the high-level radioactive waste

and spent nuclear fuel to be stored in such facilities have the

responsibility to pay the costs of the long-term storage of such waste

and spent fuel; and

(5) disposal of high-level radioactive waste and spent nuclear fuel

in a repository developed under this Act should proceed regardless of

any construction of a monitored retrievable storage facility pursuant to

this section.

(b) SUBMISSION OF PROPOSAL BY SECRETARY-(1) On or

before June 1, 1985, the Secretary shall complete a detailed study of the

need for and feasibility of, and shall submit to the Congress a proposal

for, the construction of one or more monitored retrievable storage

facilities for high-level radioactive waste and spent nuclear fuel. Each

such facility shall be designed-

(A) to accommodate spent nuclear fuel and high-level

radioactive waste resulting from civilian nuclear activities;

446
(B) to permit continuous monitoring, management, and

maintenance of such spent fuel and waste for the foreseeable

future;

(C) to provide for the ready retrieval of such spent fuel and

waste for further processing or disposal; and

(D) to safely store such spent fuel and waste as long as may be

necessary by maintaining such facility through appropriate means,

including any required replacement of such facility.

(2) Such proposal shall include-

(A) the establishment of a Federal program for the siting,

development, construction, and operation of facilities capable of

safely storing high-level radioactive waste and spent nuclear fuel,

which facilities are to be licensed by the Commission;

(B) a plan for the funding of the construction and operation of

such facilities, which plan shall provide that the costs of such

activities shall be borne by the generators and owners of the highlevel radioactive waste and spent nuclear fuel to be stored in such

facilities;

(C) site-specificdesigns, specifications, and cost estimates

sufficient to (i) solicit bids for the construction of the first such

facility; (ii) support congressional authorization of the construction

of such facility; and (iii) enable completion and operation of such

facility as soon as practicable following congressional

authorization of such facility; and

(D) a plan for integrating facilities constructed pursuant to this

section with other storage and disposal facilities authorized in this

Act.

Consultations. (3) In formulating such proposal, the Secretary shall consult with

the Commission and the Administrator, and shall submit their

comments on such proposal to the Congress at the time such proposal

is submitted.

(4) The proposal shall include, for the first such facility, at least 3

alternative sites and at least 5 alternative combinations of such

proposed sites and facility designs consistent with the criteria of

paragraph (b)(1). The Secretary shall recommend the combination

among the alternatives that the Secretary deems preferable. The

environmental assessment under subsection (c) shall include a full

analysis of the relative advantages and disadvantages of all 5 such

alternative combinations of proposed sites and proposed facility

designs.

Environmental (c) ENVIRONMENTAL IMPACT STATEMENTS-(I) Preparation

assessment. and submission to the Congress of the proposal required in this section

shall not require the preparation of an environmental impact statement

under section 102(2)(C) of the National Environmental Policy Act of

1969 (42 USC 4332(2)(C)). The Secretary shall prepare, in accordance

Submittal to with regulations issued by the Secretary implementing such Act, an

Congress. environmental assessment with respect to such proposal. Such

environmental assessment shall be based upon available information

regarding alternative technologies for the storage of spent nuclear fuel and

high-level radioactive waste. The Secretary shall submit such

447
environmental assessment to the Congress at the time such proposal is

submitted.

(2) If the Congress by law, after review of the proposal submitted

by the Secretary under subsection (b), specifically authorizes

construction of a monitored retrievable storage facility, the

requirements of the National Environmental Policy Act of 1969 (42

USC 4321 et seq.) shall apply with respect to construction of such.

facility, except that any environmental impact statement prepared with

respect to such facility shall not be required to consider the need for

such facility or any alternative to the design criteria for such facility

set forth in subsection (b) (1).

(d) LICENSING-Any facility authorized pursuant to this section shall

be subject to licensing under section 202(3)) of the Energy Reorganization

Act of 1974 (42 USC 5842(3). In reviewing the application filed by the

Secretary for licensing of the first such facility, the Commission may not

consider the need for such facility or any alternative to the design criteria

for such facility set forth in subsection (b) (1).

(e) CLARIFICATION-Nothing in this section limits the consideration

of alternative facility designs consistent with the criteria of paragraph

(b)(1) in any environmental impact statement, or in any licensing

procedure of the Commission, with respect to any monitored, retrievable

facility authorized pursuant to this section.

Payments. (f) IMPACT ASSISTANCE-(1) Upon receipt by the Secretary of

congressional authorization to construct a facility described in subsection

(b), the Secretary shall commence making annual impact aid payments to

appropriate units of general local government in order to migrate any

social or economic impacts resulting from the construction and

subsequent operation of any such facility within the jurisdictional

boundaries of any such unit.

(2) payments made available to units of general local government

under this subsection shall be-

(A) allocated in a fair and equitable manner, with priority given

to units of general local government determined by the Secretary to

be most severely affected; and

(B) utilized by units of general local government only for

planning, construction, maintenance, and provision of public

services related to the siting of such facility.

Regulations. (3) Such payments shall be subject to such terms and conditions as

the Secretary determines are necessary to ensure achievement of the

purposes of this subsection. The Secretary shall issue such regulations

as may be necessary to carry out the provisions of this subsection.

(4) Such payments shall be made available entirely from funds

held in the Nuclear Waste Fund established in section 302 (c) and shall

be available only to the extent provided in advance in appropriation

Acts.

Consultations. (5) The Secretary may consult with appropriate units of general

local government in advance of commencement of construction of any

such facility in an effort to determine the level of payments each such

unit is eligible to receive under this subsection.

448
42 USC 10162.

42 USC 10163.

Reports.

(g) LIMITATION-No monitored retrievable storage facility

development pursuant to this section may be constructed in any State in

which there is located any site approved for site characterization under

section 112. The restriction in the preceding sentence shall only apply

until such time as the Secretary decides that such candidate site is no

longer a candidate site under consideration for development as a

repository. Such restriction shall continue to apply to any site selected for

construction as a repository.

(h) PARTICIPATION OF STATES AND INDIAN TRIBES-Any

facility authorized pursuant to this section shall be subject to the

provisions of sections 115, 116(a), 116(b), 116(d), 117, and 118. For

purposes of carrying out the provisions of this subsection, any reference in

sections 115 through 118 to a repository shall be considered to refer to a

monitored retrievable storage facility.

See. 142. Authorization of Monitored Retrievable Storage

(a) NULLIFICATION OF OAK RIDGE SITTING PROPOSAL-The

proposal the Secretary (EC-1022, 100th Congress) to locate a monitored

retrievable storage facility at a site on the Clinch River in the Roane

County portion of Oak Ridge, Tennessee, with alternative sites on the Oak

Ridge Reservation of the Department of Energy and on the former site of

a proposed nuclear power plant in Hartsville, Tennessee, is annulled and

revoked. In carrying out the provisions of sections 144 and 145, the

Secretary shall make no presumption or preference to such sites by reason

of their previous selection.

(b) Authorization.-The Secretary is authorized to site, construct, and

operate one monitored retrievable storage facility subject to the conditions

described in sections 143 through 149.

Sec. 143. Monitored Retrievable Storage Commission

(a) ESTABLISHMENT-(l) (A) There is established a Monitored

Retrievable Storage Review Commission (hereinafter in this section

referred to as the "MRS Commission"), that shall consist of 3 members

who shall be appointed by and serve at the pleasure of the President pro

tempore of the Senate and the Speaker of the House of Representatives.

(B) 75 Members of the MRS Commission shall be appointed not

later than 30 days after the date of the enactment of the Nuclear

Waste Policy Amendments Act of 1987 from among persons who

as a result of training, experience and attainments are exceptionally

well qualified to evaluate the need for a monitored retrievable

storage facility as a part of the Nation's nuclear waste management

system.

(C) The MRS Commission shall prepare a report on the need

for a monitored retrievable storage facility as a part of a national

nuclear waste management system that achieves the purposes of

this Act. In preparing the report under this subparagraph, the MRS

Commission shall-

(i) review the status and adequacy of the Secretary's

evaluation of the systems advantages and disadvantages of

bringing such a facility into the national nuclear waste disposal

system;

449
(ii) obtain comment and available data on monitored

retrievable storage from affected parties, including States

containing potentially acceptable sites;

(iii) evaluate the utility of a monitored retrievable storage

facility from a technical perspective; and

(iv) make a recommendation to Congress as to whether

such a facility should be included in the national nuclear waste

management system in order to achieve the purposes of this

Act, including meeting needs for packaging and handling of

spent nuclear fuel, improving the flexibility of the repository

development schedule, and providing temporary storage of

spent nuclear fuel accepted for disposal.

(2) In preparing the report and making its recommendation under

paragraph (1) the MRS Commission shall compare such a facility to

the alternative of at-reactor storage of spent nuclear fuel prior to

disposal of such fuel in a repository under this Act. Such comparison

shall take into consideration the impact on-

(A) repository design and construction;

(B) waste package design, fabrication and standardization;

(C) waste preparation;

(D) waste transportation systems;

(E) the reliability of the national system for the disposal of

radioactive waste;

(F) the ability of the Secretary to fulfill contractual

commitments of the Department under this Act to accept spent

nuclear fuel for disposal; and

(G) economic factors, including the impact on the costs likely

to be imposed on ratepayers of the Nation's electric utilities for

temporary at-reactor storage of spent nuclear fuel prior to final

disposal in a repository, as well as the costs likely to be imposed

on ratepayers of the Nation's electric utilities in building and

operating such a facility.

Reports. (3) The report under this subsection, together with the

recommendation of the MRS Commission, shall be transmitted to

Congress on November 1, 1989.'

(4) (A) (i) Each member of the MRS Commission shall be paid at

the rate provided for level III of the Executive Schedule for each day

(including travel time) such member is engaged in the work of the

MRS Commission, and shall receive travel expenses, including per

diem in lieu of subsistence in the same manner as is permitted under

sections 5702 and 5703 of title 5, United States Code.

(ii) The MRS Commission may appoint and fix

compensation, not to exceed the rate of basic pay payable for

GS- 18 of the General Schedule, for such staff as may be

necessary to carry out its functions.

(B) (i) The MRS Commission may hold hearings, sit and act at

such times and places, take such testimony and receive such

evidence as the MRS Commission considers appropriate. Any

'Public Law 100-507 (102 Stat. 2541) (1988) section 2, extended the report deadline from 6/1/89 to 11/1/89.

450
42 USC 10164.

42 USC 10165.

member of the MRS Commission may administer oaths or

affirmations to witnesses appearing before the MRS Commission.

(ii) The MRS Commission may request any Executive

agency, including the Department, to furnish such assistance or

information, including records, data, files, or documents, as the

Commission considers necessary to carry out its functions.

Unless prohibited by law, such agency shall promptly furnish

such assistance or information.

(iii) To the extent permitted by law, the Administrator of

the General Services Administration shall, upon request of the

MRS Commission, provide the MRS Commission with

necessary administrative services, facilities, and support on a

reimbursable basis.

(iv) The MRS Commission may procure temporary and

intermittent services from experts and consultants to the same

extent as is authorized by section 3109(b) of title 5, United

States Code, at rates and under such rules as the MRS

Commission considers reasonable.

(C) The MRS Commission shall cease to exist 60 days after the

submission to Congress of the report required under this

subsection.

Sec. 144. Survey

After the MRS Commission submits its report to the Congress under

section 143, the Secretary may conduct a survey and evaluation of

potentially suitable sites for a monitored retrievable storage facility. In

conducting such survey and evaluation, the Secretary shall consider the

extent to which siting a monitored retrievable storage facility at each site

surveyed would-

(1) enhance the reliability and flexibility of the system for the

disposal of spent nuclear fuel and high-level radioactive waste

established under this Act;

(2) minimize the impacts of transportation and handling of such

fuel and waste;

(3) provide for public confidence in the ability of such system to

safely dispose of the fuel and waste;

(4) impose minimal adverse effects on the local community and the

local environment;

(5) provide a high probability that the facility will meet applicable

environmental, health, and safety requirements in a timely fashion;

(6) provide such other benefits to the system for the disposal of

spent nuclear fuel and high-level radioactive waste as the Secretary

deems appropriate; and

(7) unduly burden a State in which significant volumes of highlevel radioactive waste resulting from atomic energy defense activities

are stored.

Sec. 145. Site Selection

(a) GENERAL-The Secretary may select the site evaluated under

section 144 that the Secretary determines on the basis of available

information to be the most suitable for a monitored retrievable storage

451
facility that is an integral part of the system for the disposal of spent

nuclear fuel and high-level radioactive waste established under this Act.

(b) LIMITATION-The Secretary may not select a site under

subsection (a) until the Secretary recommends to the President the

approval of a site for development as a repository under section 114(a).

(c) SITE SPECIFIC ACTIVITIES-The Secretary may conduct such

site specific activities at each site surveyed under section 144 as he

determines may be necessary to support an application to the Commission

for a license to construct a monitored retrievable storage facility at such

site.

(d) ENVIRONMENTAL ASSESSMENT-Site specific activities and

selection of a site under this section shall not require the preparation of an

environmental impact statement under section 102(2)(C) of the National

Environmental Policy Act of 1969 (42 USC 4332(2)(C)). The Secretary

shall prepare an environmental assessment with respect to such selection

in accordance with regulations issued by the Secretary implementing such

Act. Such environmental assessment shall be based upon available

information regarding alternative technologies for the storage of spent

nuclear fuel and high-level radioactive waste. The Secretary shall submit

such environmental assessment to the Congress at the time such site is

selected.

(e) NOTIFICATION BEFORE SELECTION-(1) At least 6 months

before selecting a site under subsection (a), the Secretary shall notify the

Governor and legislature of the State in which such site is located, or the

governing body of the affected Indian tribe where such site is located, as

the case may be, of such potential selection and the basis for such

selection.

(2) Before selecting any site under subsection (a), the Secretary

shall hold at least one public hearing in the vicinity of such site to

solicit any recommendations of interested parties with respect to issues

raised by the selection of such site.

(f) NOTIFICATION OF SELECTION-The Secretary shall promptly

notify Congress and the appropriate State or Indian tribe of the selection

under subsection (a).

(g) LIMITATION-No monitored retrievable storage facility

authorized pursuant to section 142 (b) may be constructed in the State of

Nevada.

Sec. 146. Notice of Disapproval

(a) IN GENERAL-The selection of a site under section 145 shall be

effective at the end of the period of 60 calendar days beginning on the

date of notification under such subsection, unless the governing body of

the Indian tribe on whose reservation such site is located, or, if the site is

not on a reservation, the Governor and the legislature of the State in which

the site is located, has submitted to Congress a notice of disapproval with

respect to such site. If any such notice of disapproval has been submitted

under this subsection, the selection of the site under section 145 shall not

be effective except as provided under section 115(c).

(b) REFERENCES.-For purposes of carrying out the provisions of

this subsection, references in section 115(c) to a repository shall be

considered to refer to a monitored retrievable storage facility and

452

42 USC 10166.
42 USC 10167.

42 USC 10168.

references to a notice of disapproval of a repository site designation under

section 116(b) or 118(a) shall be considered to refer to a notice of

disapproval under this section.

Sec. 147. Benefits Agreement

Once selection of a site for a monitored retrievable storage facility is

made by the Secretary under section 145, the Indian tribe on whose

reservation the site is located, or, in the case that the site is not located on

a reservation, the State in which the site is located, shall be eligible to

enter into a benefits agreement with the Secretary under section 170.

Sec. 148. Construction Authorization

(a) ENVIRONMENTAL IMPACT STATEMENT-(1) Once the

selection of a site is effective under section 146, the requirements of the

National Environmental Policy Act of 1969 (42 USC 4321 et seq.) shall

apply with respect to construction of a monitored retrievable storage

facility, except that any environmental impact statement prepared with

respect to such facility shall not be required to consider the need for such

facility or any alternative to the design criteria for such facility set forth in

section 141 (b) (1).

(2) Nothing in this section shall be construed to limit the

consideration of alternative facility designs consistent with the criteria

described in section 141(b)(1) in any environmental impact statement,

or in any licensing procedure of the Commission, with respect to any

monitored retrievable storage facility authorized under section 142(b).

(b) APPLICATION FOR CONSTRUCTION LICENSE-Once the

selection of a site for a monitored retrievable storage facility is effective

under section 146, the Secretary may submit an application to the

Commission for a license to construct such a facility as part of an

integrated nuclear waste management system and in accordance with the

provisions of this section and applicable agreements under this Act

affecting such facility.

(c) LICENSING-Any monitored retrievable storage facility authorized

pursuant to section 142(b) shall be subject to licensing under section

202(3) of the Energy Reorganization Act of 1974 (42 USC 5842(3)). In

reviewing the application filed by the Secretary for licensing of such

facility, the Commission may not consider the need for such facility or

any alternative to the design criteria for such facility set forth in section

141(b)(1).

(d) LICENSING CONDITIONS-Any license issued by the

Commission for a monitored retrievable storage facility under this section

shall provide that-

(1) construction of such facility may not begin until the

Commission has issued a license for the construction of a repository

under section 115(d);

(2) construction of such facility or acceptance of spent nuclear fuel

or high-level radioactive waste shall be prohibited during such time as

the repository license is revoked by the Commission or construction of

the repository ceases;

(3) the quantity of spent nuclear fuel or high-level radioactive

waste at the site of such facility at any one time may not exceed

10,000 metric tons of heavy metal until a repository under this Act

453
first accepts spent nuclear fuel or solidified high-level radioactive

waste; and

(4) the quantity of spent nuclear fuel or high-level radioactive

waste at the site of the facility at any one time may not exceed 15,000

metric tons of heavy metal.

Sec. 149. Financial assistance

The provisions of section 116(c) or 118(b) with respect to grants,

technical assistance, and other financial assistance shall apply to the State,

to affected Indian tribes and to affected units of local government in the

case of a monitored retrievable storage facility in the same manner as for a

repository.

9

42 USC 10169.

Subtitle D-Low-Level Radioactive Waste

42 USC 10171.

Sec. 151. Financial Arrangements for Low-level Radioactive Waste

Site Closure

(a) FINANCIAL ARRANGEMENTS-(1) 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 USC

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

USC 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 the date of the enactment of this Act, prior to termination of

such licenses.

(2) 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) 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 that9

Public Law 100-203 (101 Stat. 1330) (1987) section 5021, added sections 142-149.

454
(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) If the Secretary assumes title and custody of any such waste

and land under this subsection, the Secretary shall maintain such waste

and land in a manner that will protect the public health and safety, and

the environment.

(c) SPECIAL SITES-If the low-level radioactive waste involved is the

result of a licensed activity to recover zirconium, hafnium, and rare earths

from source material, the Secretary, upon request of the owner of the site

involved, shall assume title and custody of such waste and the land on

which it is disposed when such site has been decontaminated and

stabilized in accordance with the requirements established by the

Commission and when such owner has made adequate financial

arrangements approved by the Commission for the long-term maintenance

and monitoring of such site.

Subtitle E-Redirection Of The Nuclear Waste Program

See. 160. Selection of Yucca Mountain Site

(a) IN GENERAL-(1) The Secretary shall provide for an orderly

phase-out of site specific activities at all candidate sites other than the

Yucca Mountain site.

(2) The Secretary shall terminate all site specific activities (other

than reclamation activities) at all candidate sites, other than the Yucca

Mountain site, within 90 days after the date of enactment of the

Nuclear Waste Policy Amendments Act of 1987.

(b) Effective on the date of the enactment of the Nuclear Waste Policy

Amendments Act of 1987, the State of Nevada shall be eligible to enter

into a benefits agreement with the Secretary under section 170.10

See. 161. 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.

(c) TERMINATION OF GRANITE RESEARCH-Not later than 6

months after the date of the enactment of the Nuclear Waste Policy

Amendments Act of 1987, the Secretary shall phase out in an orderly

manner funding for all research programs in existence on such date of

42 USC 10172.

42 USC 10172a.

"

0Public Law 100-203 (101 Stat. 1330) (1987) section 5011, added new Subtitle E.

455
42 USC 10173.

enactment designed to evaluate the suitability of crystalline rock as a

potential repository host medium.

(d) ADDITIONAL SITING CRITERIA-In the event that the

Secretary at any time after such date of enactment considers any sites in

crystalline rock for characterization or selection as a repository, the

Secretary shall consider (as a supplement to the siting guidelines under

section 112) such potentially disqualifying factors as-

(1) seasonal increases in population;

(2) proximity to public drinking water supplies, including those of

metropolitan areas; and

(3) the impact that characterization or siting decisions would have

on lands owned or placed in trust by the United States for Indian

tribes. "

Subtitle F- Benefits

Sec. 170. Benefits Agreements

(a) IN GENERAL-(l) The Secretary may enter into a benefits

agreement with the State of Nevada concerning a repository or with a

State or an Indian tribe concerning a monitored retrievable storage facility

for the acceptance of high-level radioactive waste or spent nuclear fuel in

that State or on the reservation of that tribe, as appropriate.

(2) The State or Indian tribe may enter into such an agreement only

if the State Attorney General or the appropriate governing authority of

the Indian tribe or the Secretary of the Interior, in the absence of an

appropriate governing authority, as appropriate, certifies to the

satisfaction of the Secretary that the laws of the State or Indian tribe

provide adequate authority for that entity to enter into the benefits

agreement.

(3) Any benefits agreement with a State under this section shall be

negotiated in consultation with affected units of local government in

such State.

(4) Benefits and payments under this subtitle may be made

available only in accordance with a benefits agreement under this

section.

(b) AMENDMENT-A benefits agreement entered into under

subsection (a) may be amended only by the mutual consent of the parties

to the agreement and terminated only in accordance with section 173.

(c) AGREEMENT WITH NEVADA-The Secretary shall offer to

enter into a benefits agreement with the Governor of Nevada. Any

benefits agreement with a State under this subsection shall be negotiated

in consultation with any affected units of local government in such State.

(d) MONITORED RETRIEVABLE STORAGE-The Secretary shall

offer to enter into a benefits agreement relating to a monitored retrievable

storage facility with the governing body of the Indian tribe on whose

reservation the site for such facility is located, or, if the site is not located

on a reservation, with the Governor of the State in which the site is

"Public Law 100-203 (101 Stat. 1330) (1987) section 5012, amended Subtitle E by adding section 161.

456
located and in consultation with affected units of local government in such

State.

(e) LIMITATION-Only one benefits agreement for a repository and

only one benefits agreement for a monitored retrievable storage facility

may be in effect at any one time.

(f) JUDICIAL REVIEW-Decisions of the Secretary under this section

are not subject to judicial review.

Sec. 171. Content of Agreements

(a) IN GENERAL.-(1) In addition to the benefits to which a State, an

affected unit of local government or Indian tribe is entitled under title I,

the Secretary shall make payments to a State or Indian tribe that is a party

to a benefits agreement under section 170 in accordance with the

following schedule:

BENEFITS SCHEDULE

(amounts in $ millions)

42 USC 10173a.

Event

(A) Annual payments prior to first

spent fuel receipt

(B) Upon first spent fuel receipt

(C) Annual payments after the

first spent fuel receipt until closure

of the facility

MRS Repository

5

10

10

10

20

20

(2) For purposes of this section, the term-

(A) "MRS" means a monitored retrievable storage facility,

(B) "spent fuel" means high-level radioactive waste or spent

nuclear fuel, and

(C) "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 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) If the first spent fuel payment under paragraph (1)(B) is made

within six 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 one-twelfth

of such annual payment under paragraph (1)(A) for each full month

less than six that has not elapsed since the last annual payment under

paragraph (1)(A).

(5) Notwithstanding paragraph (1), (2), or (3), no payment under

this section may be made before January 1, 1989, and any payment

due under this title before January 1, 1989, shall be made on or after

such date.

457
(6) Except as provided in paragraph (7), the Secretary may not

restrict the purposes for which the payments under this section may be

used.

(7) (A) Any State receiving a payment under this section shall

transfer an amount equal to not less than one-third of the amount of

such payment to affected units of local government of such State.

(B) A plan for this transfer and appropriate allocation of such

portion among such governments shall be included in the benefits

agreement under section 170 covering such payments.

(C) In the event of a dispute concerning such plan, the

Secretary shall resolve such dispute, consistent with this Act and

applicable State law.

(b) CONTENTS-A benefits agreement under section 170 shall

provide that-

(1) a Review Panel be established in accordance with section 172;

(2) the State or Indian tribe that is party to such agreement waive

its rights under title I to disapprove the recommendation of a site for a

repository;

(3) the parties to the agreement shall share with one another

information relevant to the licensing process for the repository of

monitored retrievable storage facility, as it becomes available;

(4) the State or Indian tribe that is party to such agreement

participate in the design of the repository or monitored retrievable

storage facility and in the preparation of documents required under law

or regulation governing the effects of the facility on the public health

and safety; and

(5) the State or Indian tribe waive its rights, if any, to impact

assistance under sections 116(c)(1)(B)(ii), 116(c)(2), 118(b)(2)(A)(ii),

and 118(b)(3).

(c) The Secretary shall make payments to the States or affected Indian

tribes under a benefits agreement under this section from the Waste Fund.

The signature of the Secretary on a valid benefits agreement under section

170 shall constitute a commitment by the United States to make payments

in accordance with such agreement.

See. 172. Review Panel

(a) IN GENERAL-The Review Panel required to be established by

section 171(b)(1) of this Act shall consist of a Chairman selected by the

Secretary in consultation with the Governor of the State or governing

body of the Indian tribe, as appropriate, that is party to such agreement

and six other members as follows:

(1) two members selected by the Governor of such State or

governing body of such Indian tribe;

(2) two members selected by units of local government affected by

the repository or monitored retrievable storage facility;

(3) one member to represent persons making payments into the

Waste Fund, to be selected by the Secretary; and

(4) one member to represent other public interests, to be selected

by the Secretary.

42 USC 10173b.

458
(b) TERMS-

(1) The members of the Review Panel shall serve for terms of four

years each.

(2) Members of the Review Panel who are not full-time employees

of the Federal Government, shall receive a per diem compensation for

each day spent conducting work of the Review Panel, including their

necessary travel or other expenses while engaged in the work of the

Review Panel.

(3) Expenses of the Panel shall be paid by the Secretary from the

Waste Fund.

(c) DUTIES-The Review Panel shall-

(1) advise the Secretary on matters relating to the proposed

repository or monitored retrievable storage facility, including issues

relating to design, construction, operation, and decommissioning of

the facility;

(2) evaluate performance of the repository or monitored retrievable

storage facility, as it considers appropriate;

(3) recommend corrective actions to the Secretary;

(4) assist in the presentation of State or affected Indian tribe and

local perspectives to the Secretary; and

(5) participate in the planning for and the review of preoperational

data on environmental, demographic, and socioeconomic conditions of

the site and the local community.

(d) INFORMATION-The Secretary shall promptly make available

promptly any information in the Secretary's possession requested by the

Panel or its Chairman.

(e) FEDERAL ADVISORY COMMITTEE ACT-The requirements

of the Federal Advisory Committee Act shall not apply to a Review Panel

established under this title.

Sec. 173. Termination

(a) IN GENERAL-The Secretary may terminate a benefits agreement

under this title if-

(1) the site under consideration is disqualified for its failure to

comply with guidelines and technical requirements established by the

Secretary in accordance with this Act; or

(2) the Secretary determines that the Commission cannot license

the facility within a reasonable time.

(b) TERMINATION BY STATE OR INDIAN TRIBE-A State or

Indian tribe may terminate a benefits agreement under this title only if the

Secretary disqualifies the site under consideration for its failure to comply

with technical requirements established by the Secretary in accordance

with this Act or the Secretary determines that the Commission cannot

license the facility within a reasonable time.

(c) DECISIONS OF THE SECRETARY-Decisions of the Secretary

under this section shall be in writing, shall be available to Congress and

the public, and are not subject to judicial review.

42 USC 10173c.

459
Subtitle G-Other Benefits

42 USC 10174.

42 USC 10174a.

Sec. 174. Consideration in Siting Facilities

The Secretary, in siting Federal research projects, shall give special

consideration to proposals from States where a repository is located.

Sec. 175. Report

(a) IN GENERAL-Within one year of the date of the enactment of the

Nuclear Waste Policy Amendments Act of 1987, the Secretary shall report

to Congress on the potential impacts of locating a repository at the Yucca

Mountain site, including the recommendations of the Secretary for

mitigation of such impacts and a statement of which impacts should be

dealt with by the Federal Government, which should be dealt with by the

State with State resources, including the benefits payments under section

171, and which should be a joint Federal-State responsibility. The report

under this subsection shall include the analysis of the Secretary of the

authorities available to mitigate these impacts and the appropriate sources

of funds for such mitigation.

(b) IMPACTS TO BE CONSIDERED-Potential impacts to be

addressed in the report under this subsection (a) shall include impacts on-

(1) education, including facilities and personnel for elementary and

secondary schools, community colleges, vocational and technical

schools and universities;

(2) public health, including the facilities and personnel for

treatment and distribution of water, the treatment of sewage, the

control of pests and the disposal of solid waste;

(3) law enforcement, including facilities and personnel for the

courts, police and sheriffs departments, district attorneys and public

defenders and prisons;

(4) fire protection, including personnel, the construction of fire

stations, and the acquisition of equipment;

(5) medical care, including emergency services and hospitals;

(6) cultural and recreational needs, including facilities and

personnel for libraries and museums and the acquisition and expansion

of parks;

(7) distribution of public lands to allow for the timely expansion of

existing, or creation of new, communities and the construction of

necessary residential and commercial facilities;

(8) vocational training and employment services;

(9) social services, including public assistance programs,

vocational and physical rehabilitation programs, mental health

services, and programs relating to the abuse of alcohol and controlled

substances;

(10) transportation, including any roads, terminals, airports,

bridges, or railways associated with the facility and the repair and

maintenance of roads, terminals, airports, bridges, or railways

damaged as a result of the construction, operation, and closure of the

facility;

(11) equipment and training for State and local personnel in the

management of accidents involving high-level radioactive waste;

(12) availability of energy;

460
42 USC 10175.

(13) tourism and economic development, including the potential

loss of revenue and future economic growth; and

(14) other needs of the State and local governments that would not

have arisen but for the characterization of the site and the construction,

operation, and eventual closure of the repository facility.12

Subtitle H-Transportation

Sec. 180. Transportation

(a) No spent nuclear fuel or high-level radioactive waste may be

transported by or for the Secretary under subtitle A or under subtitle C

except in packages that have been certified for such purpose by the

Commission.

(b) 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

subtitle A or under subtitle C.

(c) The Secretary shall provide technical assistance and funds to States

for training for public safety officials of appropriate units of local

government and Indian tribes through whose jurisdiction the Secretary

plans to transport spent nuclear fuel or high-level radioactive waste under

subtitle A or under subtitle C. Training shall cover procedures required for

safe routine transportation of these materials, as well as procedures for

dealing with emergency response situations. The Waste Fund shall be the

source of funds for work carried out under this subsection. 13

Title Il-Research, Development, And Demonstration

Regarding Disposal Of High-Level Radioactive Waste And

Spent Nuclear Fuel

Sec. 211. Purpose

It is the purpose of this title-

(1) to provide direction to the Secretary with respect to the disposal

of high-level radioactive waste and spent nuclear fuel;

(2) to authorize the Secretary, pursuant to this title-

(A) to provide for the construction, operation, and maintenance

of a deep geologic test and evaluation facility; and

(B) to provide for a focused and integrated high-level

radioactive waste and spent nuclear fuel research and development

program, including the development of a test and evaluation

facility to carry out research and provide an integrated

demonstration of the technology for deep geologic disposal of

high-level radioactive waste, and the development of the facilities

to demonstrate dry storage of spent nuclear fuel; and

(3) to provide for an improved cooperative role between the

Federal Government and States, affected Indian tribes, and units of

general local government in the siting of a test and evaluation facility.

42 USC 10191.

"Public Law 100-203 (101 Stat. 1330) (1987), section 5031, amended title I by adding Subtitles F and G.

"Public Law 100-203 (101 Stat. 1330) (1987), section 5061, amended title I by adding Subtitle H.

461
42 USC 10192.

42 USC 10193.

Environmental

assessment.

See. 212. Applicability

The provisions of this title are subject to section 8 and shall not apply

to facilities that are used for the disposal of high-level radioactive waste,

low-level radioactive waste, transuranic waste, or spent nuclear fuel

resulting from atomic energy defense activities.

Sec. 213. Identification of Sites

(a) GUIDELINES-Not later than 6 months after the date of the

enactment of this Act and notwithstanding the failure of other agencies to

promulgate standards pursuant to applicable law, the Secretary, in

consultation with the Commission, the Director of the Geological Survey,

the Administrator, the Council on Environmental Quality, and such other

Federal agencies as the Secretary considers appropriate, is authorized to

issue, pursuant to section 553 of title 5, United States Code, general

guidelines for the selection of a site for a test and evaluation facility.

Under such guidelines the Secretary shall specify factors that qualify or

disqualify a site for development as a test and evaluation facility,

including factors pertaining to the location of valuable natural resources,

hydrogeophysics, seismic activity, and atomic energy defense activities,

proximity to water supplies, proximity to populations, the effect upon the

rights of users of water, and proximity to components of the National Park

System, the National Wildlife Refuge System, the National Wild and

Scenic Rivers System, the National Wilderness Preservation System, or

National Forest Lands. Such guidelines shall require the Secretary to

consider the various geologic media in which the site for a test and

evaluation facility may be located and, to the extent practicable, to

identify sites in different geologic media. The Secretary shall use

guidelines established under this subsection in considering and selecting

sites under this title.

(b) SITE IDENTIFICATION BY THE SECRETARY-(1) Not later

than 1 year after the date of the enactment of this Act, and following

promulgation of guidelines under subsection (a), the Secretary is

authorized to identify 3 or more sites, at least 2 of which shall be in

different geologic media in the continental United States, and at least 1 of

which shall be in media other than salt. Subject to Commission

requirements, the Secretary shall give preference to sites for the test and

evaluation facility in media possessing geochemical characteristics that

retard aqueous transport of radionuclides in order to provide a greater

possible protection of public health and safety as operating experience is

gained at the test and operation facility, and with the exception of the

primary areas under review by the Secretary on the date of the enactment

of this Act for the location of a test and evaluation facility or repository,

all sites identified under this subsection shall be more than 15 statute

miles from towns having a population of greater than 1000 persons as

determined by the most recent census unless such sites contain high-level

radioactive waste prior to identification under this title. Each identification

of a site shall be supported by an environmental assessment, which shall

include a detailed statement of the basis for such identification and of the

probable impacts of the siting research activities planned for such site, and

a discussible impact of the siting research activities planned for such site,

and a discussion of alternative activities relating to siting research that

462
42 USC 10194.

may be undertaken to avoid such impacts. Such environmental

assessment shall include-

(A) an evaluation by the Secretary as to whether such site is

suitable for siting research under the guidelines established under

subsection (a);

(B) an evaluation by the Secretary of the effects of the siting

research activities at such site on the public health and safety and

the environment;

(C) a reasonable comparative evaluation by the Secretary of

such site with other sites and locations that have been considered;

(D) a description of the decision process by which such site

was recommended; and

(E) an assessment of the regional and local impacts of locating

the proposed test and evaluation facility at such site.

(2) When the Secretary identifies a site, the Secretary shall as soon

as possible notify the Governor of the State in which such site is

located, or the governing body of the affected Indian tribe where such

site is located, of such identification and the basis of such

identification. Additional sites for the location of the test and

evaluation facility authorized in section 302(d) may be identified after

such 1 year period, following the same procedure as if such sites had

been identified within such period.

Sec. 214. Siting Research and Related Activities

(a) IN GENERAL-Not later than 30 months after the date on which

the Secretary completes the identification of sites under section 213, the

Secretary is authorized to complete sufficient evaluation of 3 sites to

select a site for expanded siting research activities and for other activities

under section 218. The Secretary is authorized to conduct such

preconstruction activities relative to such site selection for the test and

evaluation facility as he deems appropriate. Additional sites for the

location of the test and evaluation facility authorized in section 302(d)

may be evaluated after such 30-month period, following the same

procedures as if such sites were to be evaluated within such period.

(b) Public Meetings And Environmental Assessment-Not later than 6

months after the date on which the Secretary completes the identification

of sites under section 213, and before beginning siting research activities,

the Secretary shall hold at least 1 public meeting in the vicinity of each

site to inform the residents of the area of the activities to be conducted at

such site and to receive their views.

(c) Restrictions-Except as provided in section 218 with respect to a

test and evaluation facility, in conducting siting research activities

pursuant to subsection (a)-

(1) the Secretary shall use the minimum quantity of high-level

radioactive waste or other radioactive materials, if any, necessary to

achieve the test or research objectives;

(2) the Secretary shall ensure that any radioactive material used or

placed on a site shall be fully retrievable; and

(3) upon termination of siting research activities at a site for any

reason, the Secretary shall remove any radioactive material at or in the

site as promptly as practicable.

463
42 USC 10195.

Process of

consultation

and

cooperation.

(d) Title To Material-The Secretary may take title, in the name of the

Federal Government, to the high-level radioactive waste spent nuclear

fuel, or other radioactive material emplaced in a test and evaluation

facility. If the Secretary takes title to any such material, the Secretary

shall enter into the appropriate financial arrangements described in

subsection (a) or (b) of section 302 for the disposal of such material.

Sec. 215. Test and Evaluation Facility Siting Review and Reports

(a) CONSULTATION AND COOPERATION-The Governor of a

State, or the governing body of an affected Indian tribe, notified of a site

identification under section 213 shall have the right to participate in a

process of consultation and cooperation as soon as the site involved has

been identified pursuant to such section and throughout the life of the test

and evaluation facility. For purposes of this section, the term "process of

consultation and cooperation" means a methodology-

(1) by which the Secretary-

(A) keeps the Governor or governing body involved fully and

currently informed about any potential economic or public health

and safety impacts in all stages of the siting, development,

construction, and operation of a test and evaluation facility;

(B) solicits, receives, and evaluates concerns and objections of

such Governor or governing body with regard to such test and

evaluation facility on an ongoing basis; and

(C) works diligently and cooperatively to resolve such concerns

and objections; and

(2) by which the State or affected Indian tribe involved can

exercise reasonable independent monitoring and testing of onsite

activities related to all stages of the siting, development, construction

and operation of the test and evaluation facility, except that any such

monitoring and testing shall not unreasonably interfere with onsite

activities.

(b) WRITTEN AGREEMENTS-The Secretary shall enter into written

agreements with the Governor of the State in which an identified site is

located or with the governing body of any affected Indian tribe where an

identified site is located in order to expedite the consultation and

cooperation process. Any such written agreement shall specify-

(1) procedures by which such Governor or governing body may

study, determine, comment on, and make recommendations with

regard to the possible health, safety, and economic impacts of the test

and evaluation facility;

(2) procedures by which the Secretary shall consider and respond

to comments and recommendations made by such Governor or

governing body, including the period in which the Secretary shall so

respond;

(3) the documents the Department is to submit to such Governor or

governing body, the timing for such submissions, the timing for such

Governor or governing body to identify public health and safety

concerns and the process to be followed to try to eliminate those

concerns;

(4) procedures by which the Secretary and either such Governor or

governing body may review or modify the agreement periodically; and

464
42 USC 10196.

42 USC 10197.

Environmental

assessment.

(5) procedures for public notification of the procedures specified

under subparagraphs (A) through (D).

(c) LIMITATION-Except as specifically provided in this section,

nothing in this title is intended to grant any State or affected Indian tribe

any authority with respect to the siting, development, or loading of the test

and evaluation facility.

Sec. 216. Federal Agency Actions

(a) COOPERATION AND COORDINATION-Federal agencies shall

assist the Secretary by cooperating and coordinating with the Secretary in

the preparation of any necessary reports under this title and the mission

plan under section 301.

(b) ENVIRONMENTAL REVIEW-(1) No action of the Secretary or

any other Federal agency required by this title or section 301 with respect

to a test and evaluation facility to be taken prior to the initiation of onsite

construction of a test and evaluation facility shall require the preparation

of an environmental impact statement under section 102(2)(C) of the

Environmental Policy Act of 1969 (42 USC 4332(2)(C)), or to require the

preparation of environmental reports, except as otherwise specifically

provided for in this title.

(2) The Secretary and the heads of all other Federal agencies shall,

to the maximum extent possible, avoid duplication of efforts in the

preparation of reports under the National Environmental Policy Act of

1969 (42 USC 4321 et seq.).

Sec. 217. Research And Development on Disposal of High-level

Radioactive Waste

(a) PURPOSE-Not later than 64 months after the date of the

enactment of this Act, the Secretary is authorized to, to the extent

practicable, begin at a site evaluated under section 214, as part of and as

an extension of siting research activities of such site under such section,

the mining and construction of a test and evaluation facility. Prior to the

mining and construction of such facility, the Secretary shall prepare an

environmental assessment. the purpose of such facility shall be-

(1) to supplement and focus the repository site characterization

process;

(2) to provide the conditions under which known technological

components can be integrated to demonstrate a functioning repositorylike system;

(3) to provide a means of identifying, evaluating, and resolving

potential repository licensing issues that could not be resolved during

the siting research program conducted under section 212;

(4) to validate, under actual conditions, the scientific models used

in the design of a repository;

(5) to refine the design and engineering of repository components

and systems and to confirm the predicted behavior of such components

and systems;

(6) to supplement the siting data, the generic and specific

geological characteristics developed under section 214 relating to

isolating disposal materials in the physical environment of a

repository;

465
(7) to evaluate the design concepts for packaging, handling, and

emplacement of high-level radioactive waste and spent nuclear fuel at

the design rate; and

(8) to establish operating capability without exposing workers to

excessive radiation.

(b) DESIGN-The Secretary shall design each test and evaluation

facility-

(1) to be capable of receiving not more than 100 full-sized

canisters of solidified high-level radioactive waste (which canisters

shall not exceed an aggregate weight of 100 metric tons), except that

spent nuclear fuel may be used instead of such waste if such waste

cannot be obtained under reasonable conditions;

(2) to permit full retrieval of solidified high-level radioactive

waste, or other radioactive material used by the Secretary for testing,

upon completion of the technology demonstration activities; and

(3) based upon the principle that the high-level radioactive waste,

spent nuclear fuel, or other radioactive material involved shall be

isolated from the biosphere in such a way that the initial isolation is

provided by engineered barriers functioning as a system with the

geologic environment.

Testing. (c) OPERATION-(I) Not later than 88 months after the date of the

enactment of this Act, the Secretary shall begin an in situ testing program

at the test and evaluation facility in accordance with the mission plan

developed under section 301, for purposes of-

(A) conducting in situ tests of bore hole sealing, geologic

media fracture sealing, and room closure to establish the

techniques and performance for isolation of high-level radioactive

waste, spent nuclear fuel, or other radioactive materials from the

biosphere;

(B) conducting in situ tests with radioactive sources and

materials to evaluate and improve reliable models for radionuclide

mitigation, absorption, and containment within the engineered

barriers and geologic media involved, if the Secretary finds there is

reasonable assurance that such radioactive sources and materials

will not threaten the use of such site as a repository;

(C) conducting in situ tests to evaluate and improve models for

ground water or brine flow through fractured geologic media;

(D) conducting in situ tests under conditions representing the

real time and the accelerated time behavior of the engineered

barriers within the geologic environment involved;

(E) conducting in situ tests to evaluate the effects of heat and

pressure on the geologic media involved on the hydrology of the

surrounding area and on the integrity of the disposal packages;

(F) conducting in situ tests under both normal and abnormal

repository conditions to establish safe design limits for disposal

packages and to determine the effects of the gross release of

radionuclides into surroundings, and the effects of various credible

failure modes, including-

(i) seismic events leading to the coupling of aquifers

through the test and evaluation facility;

466
(ii) thermal pulses significantly greater than the maximum

calculated; and

(iii) human intrusion creating a direct pathway to the

biosphere; and

(G) conducting such other research and development activities

as the Secretary considers appropriate, including such activities

necessary, to obtain the use of high-level radioactive waste, spent

nuclear fuel, or other radioactive materials (such as any highly

radioactive material from the Three Mile Island nuclear power

plant or from the West Valley Demonstration Project) for test and

evaluation purposes, if such other activities are reasonably

necessary to support the repository program and if there is

reasonable assurance that the radioactive sources involved will not

threaten the use of such site as a repository.

(2) The in situ testing authorized in this subsection shall be

designed to ensure that the suitability of the site involved for licensing

by the Commission as a repository will not be adversely affected.

(d) USE OF EXISTING DEPARTMENT FACILITIES-During the

conducting of siting research activities under section 214 and for such

period thereafter as the Secretary considers appropriate, the Secretary

shall use Department facilities owned by the Federal Government on the

date of the enactment of this Act for the conducting of generically

applicable test regarding packaging, handling, and emplacement

technology for solidified high-level radioactive waste and spent nuclear

fuel from civilian nuclear activities.

(e) ENGINEERED BARRIERS-The system of engineered barriers

and selected geology used in a test and evaluation facility shall have a

design life at least as long as that which the Commission requires by

regulations issued under this Act, or under the Atomic Energy Act of

1954 (42 USC 2011 et seq.), for repositories.

(f) ROLE OF COMMISSION-(1)(A) Not later than 1 year after the

date of the enactment of this Act, the Secretary and the Commission shall

reach a written understanding establishing the procedures for review,

consultation, and coordination in the planning, construction, and operation

of the test and evaluation facility under this section. Such understanding

shall establish a schedule, consistent with the deadlines set forth in this

subtitle, for submission by the Secretary of, and review by the

Commission of and necessary action on-

(i) the mission plan prepared under section 301; and

(ii) such reports and other information as the Commission

may reasonably require to evaluate any health and safety

impacts of the test and evaluation facility.

(B) Such understanding shall also establish the conditions

under which the Commission may have access to the test and

evaluation facility for the purpose of assessing any public health

and safety concerns that it may have. No shafts may be excavated

for the test and evaluation until the Secretary and the Commission

enter into such understanding.

(2) Subject to section 305, the test and evaluation facility, and the

facilities authorized in section 217, shall be constructed and operated

467
as research, development, and demonstration facilities, and shall not

be subject to licensing under section 202 of the Energy Reorganization

Act of 1974 (42 USC 5842).

(3)(A) The Commission shall carry out a continuing analysis of the

activities undertaken under this section to evaluate the adequacy of the

consideration of public health and safety issues.

(B) The Commission shall report to the President, the

Secretary, and the Congress as the Commission considers

appropriate with respect to the conduct of activities under this

section.

(g) ENVIRONMENTAL REVIEW-The Secretary shall prepare an

environmental impact statement under section 102(2)(C) of the National

Environmental Policy Act of 1969 (42 USC 4332)(2)(C) prior to

conducting tests with radioactive materials at the test and evaluation

facility. Such environmental impact statement shall incorporate, to the

extent practicable, the environmental assessment prepared under section

217(a). Nothing in this subsection may be construed to limit siting

research activities conducted under section 214. This subsection shall

apply only to activities performed exclusively for a test and evaluation

facility.

(h) LIMITATIONS-(1) If the test and evaluation facility is not located

at the site of a repository, the Secretary shall obtain the concurrence of the

Commission with respect to the decontamination and decommissioning of

such facility.

(2) If the test and evaluation facility is not located at a candidate

site or repository site, the Secretary shall conduct only the portion of

the in situ testing program required in subsection (c) determined by the

Secretary to be useful in carrying out the purposes of this act.

(3) The operation of the test and evaluation facility shall terminate

not later than-

(A) 5 years after the date on which the initial repository begins

operation; or

(B) at such time as the Secretary determines that the continued

operation of a test and evaluation facility is not necessary for

research, development, and demonstration purposes;

whichever occurs sooner.

(4) Notwithstanding any other provisions of this subsection, as

soon as practicable following any determination by the Secretary, with

the concurrence of the Commission, that the test and evaluation

facility is unsuitable for continued operation, the Secretary shall take

such actions as are necessary to remove from such site any radioactive

material placed on such site as a result of testing and evaluation

activities conducted under this section. Such requirement may be

waived if the Secretary, with the concurrence of the Commission,

finds that short-term testing and evaluation activities using radioactive

material will not endanger the public health and safety.

Sec. 218. Research and Development on Spent Nuclear Fuel

(a) DEMONSTRATION AND COOPERATIVE PROGRAMS-The

Secretary shall establish a demonstration program, in cooperation with the

private sector, for the dry storage of spent nuclear fuel at civilian nuclear

468

Terminations.

42 USC 10198.
power reactor sites, with the objective of establishing one or more

technologies that the Commission may, by rule, approve for use at the

sites of civilian nuclear power reactors without, to the maximum extent

practicable, the need for additional site-specific approvals by the

Commission. Not later than 1 year after the date of the enactment of this

Act, the Secretary shall select at least 1, but not more than 3, sites

evaluated under section 214 at such power reactors. In selecting such site

or sites, the Secretary shall give preference to civilian nuclear power

reactors that will soon have a shortage of interim storage capacity for

spent nuclear fuel. Subject to reaching agreement as provided in

subsection (b), the Secretary shall undertake activities to assist such power

reactors with demonstration projects at such sites, which may use one of

the following types of alternate storage technologies; spent nuclear fuel

storage casks, caissons, or silos. The Secretary shall also undertake a

cooperative program with civilian nuclear power reactors to encourage the

development of the technology for spent nuclear fuel rod consolidation in

existing power reactor water storage basins.

(b) COOPERATIVE AGREEMENTS-To carry out the programs described in subsection (a), the Secretary shall enter into a cooperative

agreement with each utility involved that specifies, at a minimum, that-

(1) such utility shall select the alternate storage technique to be

used, make the land and spent nuclear fuel available for the dry

storage demonstration, submit and provide site-specific documentation

for a license application to the Commission, obtain a license relating to

the facility involved, construct such facility, operate such facility after

licensing, pay the costs required to construct such facility, and pay all

costs associated with the operation and maintenance of such facility;

(2) the Secretary shall provide, on a cost-sharing basis,

consultative and technical assistance, including design support and

generic licensing documentation, to assist such utility in obtaining the

construction authorization and appropriate license from the

Commission; and

(3) the Secretary shall provide generic research and development

of alternative spent nuclear fuel storage techniques to enhance utilityprovided, at-reactor storage capabilities, if authorized in any other

provision of this act or in any other provision of law.

(c) DRY STORAGE RESEARCH AND DEVELOPMENT-(1) The

consultative and technical assistance referred to in subsection (b)(2) may

include, but shall not be limited to, the establishment of a research and

development program for the dry storage of not more than 300 metric tons

of spent nuclear fuel at facilities owned by the Federal Government on the

date of the enactment of this Act. The purpose of such program shall be to

collect necessary data to assist the utilities involved in the licensing

process.

(2) To the extent available, and consistent with the provisions of

section 135, the Secretary shall provide spent nuclear fuel for the

research and development program authorized in this subsection from

spent nuclear fuel received by the Secretary for storage under section

135. Such spent nuclear fuel shall not be subject to the provisions of

section 135(e).

469
Report to

congressional

committees.

42 USC 10199.

(d) FUNDING-The total contribution from the Secretary from Federal

funds and the use of Federal facilities or services shall not exceed 25

percent of the total costs of the demonstration program authorized in

subsection (a), as estimated by the Secretary. All remaining costs of such

program shall be paid by the utilities involved or shall be provided by the

Secretary from the Interim Storage Fund established in section 136.

(e) RELATION TO SPENT NUCLEAR FUEL STORAGE

PROGRAM-The spent nuclear fuel storage program authorized in section

135 shall not be construed to authorize the use of research development or

demonstration facilities owned by the Department unless-

(1) a period of 30 calendar days (not including any day in which

either House of Congress is not in session because of adjournment of

more than 3 calendar days to a day certain) has passed after the

Secretary has transmitted to the Committee on Science and

Technology of the House of Representatives and the Committee on

Energy and Natural Resources of the Senate a written report

containing a full and complete statement concerning (A) the facility

involved; (B) any necessary modifications; (C) the cost thereof; and

(D) the impact on the authorized research and development program;

or

(2) each such committee, before the expiration of such period, has

transmitted to the Secretary a written notice to the effect that such

committee has no objection to the proposed use of such facility.

Sec. 219. Payments to States and Indian Tribes

(a) PAYMENTS-Subject to subsection (b), the Secretary shall make

payments to each State or affected Indian tribe that has entered into an

agreement pursuant to section 215. The Secretary shall pay an amount

equal to 100 percent of the expenses incurred by such State or Indian tribe

in engaging in any monitoring, testing, evaluation, or other consultation

and cooperation activity under section 215 with respect to any site. The

amount paid by the Secretary under this paragraph shall not exceed

$3,000,000 per year from the date on which the site involved was

identified to the date on which the decontamination and decommission of

the facility is complete pursuant to section 217(h). Any such payment

may only be made to a State in which a potential site for a test and

evaluation facility has been identified under section 213, or to an affected

Indian tribe where the potential site has been identified under such

section.

(b) LIMITATION-The Secretary shall make any payment to a State

under subsection (a) only if such State agrees to provide, to each unit of

general local government within the jurisdictional boundaries of which the

potential site or effectively selected site involved is located, at least onetenth of the payments made by the Secretary to such State under such

subsection. A State or affected Indian tribe receiving any payment under

subsection (a) shall otherwise have discretion to use such payment for

whatever purpose it deems necessary, including the State or tribal

activities pursuant to agreements entered into in accordance with section

215. Annual payments shall be prorated on a 365-day basis to the

specified dates.

470
42 USC 10200.

Report to

Congress.

42 USC 10201.

42 USC 10202.

42 USC 10203.

Joint notice,

publication in

Federal

Register.

Joint notice,

reissuance.

Expressions of

interest.

Sec. 220. Study of Research and Development Needs for Monitored

Retrievable Storage Proposal

Not later than 6 months after the date of the enactment of this Act, the

Secretary shall submit to the Congress a report describing the research and

development activities the Secretary considers necessary to develop the

proposal required in section 141 (b) with respect to a monitored retrievable

storage facility.

Sec. 221. Judicial Review

Judicial review of research and development activities under this shall

be in accordance with the provisions of section 119.

Sec. 222. Research on Alternatives for the Permanent Disposal of

High-level Radioactive Waste

Research on Alternatives for the Permanent Disposal of High-Level

Radioactive Waste-The Secretary shall continue and accelerate a program

of research, development, and investigation of alternative means and

technologies for the permanent disposal of high-level radioactive waste

from civilian nuclear activities and Federal research and development

activities except that funding shall be made from amounts appropriated to

the Secretary for purposes of carrying out this section. Such program shall

include examinations of various waste disposal options.

Sec. 223. Technical Assistance to Non-nuclear Weapon States in the

Field of Spent Fuel Storage and Disposal

(a) It shall be the policy of the United States to cooperate with and

provide technical assistance to non-nuclear weapon states in the field of

spent fuel storage and disposal.

(b)(1) Within 90 days of enactment of this Act, the Secretary and the

Commission shall publish a joint notice in the Federal Register stating that

the United States is prepared to cooperate with and provide technical

assistance to non-nuclear weapon states in the fields of at-reactor spent

fuel storage; away-from-reactor spent fuel storage; monitored, retrievable

spent fuel storage; geologic disposal of spent fuel; and the health, safety,

and environmental regulation of such activities. The notice shall

summarize the resources that can be made available for international

cooperation and assistance in these fields through existing programs of the

Department and the Commission, including the availability of: (i) data

from past or ongoing research and development projects; (ii) consultations

with expert Department or Commission personnel or contractors; and (iii)

liaison with private business entities and organizations working in these

fields.

(2) The joint notice described in the preceding subparagraph shall

be updated and reissued annually for 5 succeeding years.

(c) Following publication of the annual joint notice referred to in

paragraph (2), the Secretary of State shall inform the governments of nonnuclear weapon states and, as feasible, the organizations operating nuclear

power plants in such states, that the United States is prepared to cooperate

with and provide technical assistance to non-nuclear weapon states in the

fields of spent fuel storage and disposal, as set forth in the joint notice.

The Secretary of State shall also solicit expressions of interest from nonnuclear weapon state governments and non-nuclear weapon state nuclear

power reactor operators concerning their participation in expanded United

471
States cooperation and technical assistance programs in these fields. The

Secretary of State shall transmit any such expressions of interest to the

Department and the Commission.

(d) With his budget presentation materials for the Department and the

Commission for fiscal years 1984 through 1989, the President shall

include funding requests for an expanded program of cooperation and

technical assistance with non-nuclear weapon states in the fields of spent

fuel storage and disposal as appropriate in light of expressions of interest

in such cooperation and assistance on the part of non-nuclear weapon state

governments and non-nuclear weapon state nuclear power reactor

operators.

Non-nuclear (e) For the purposes of this subsection, the term "non-nuclear weapon

weapon state, state" shall have the same meaning as that set forth in article IX of the

Treaty on the Non-Proliferation of Nuclear Weapons (21 USC 438).

(f) Nothing in this subsection shall authorize the Department of

Commission to take any action not authorized under existing law.

Sec. 224. Subseabed Disposal

42 USC 10204. (a) REPEALED. Public Law 104-66, title I, section 1051(d),

Reports. December 21, 1995, 109 Stat. 716.

(b) OFFICE OF SUBSEABED DISPOSAL RESEARCH-

(1) There is hereby established an Office of Subseabed Disposal

Research within the Office of Science of the Department of Energy.

The Office shall be headed by the Director, who shall be a member of

the Senior Executive Service appointed by the Director of the Office

of Science, and compensated at a rate determined by applicable law.

(2) The Director of the Office of Subseabed Disposal Research

shall be responsible for carrying out research, development, and

demonstration activities on all aspects of subseabed disposal of highlevel radioactive waste and spent nuclear fuel, subject tot he general

supervision of the Secretary. The Director of the Office shall be

directly responsible to the Director of the Office of Science, and the

first such Director shall be appointed within 30 days of December 22,

1987.

(3) In carrying out his responsibilities under this chapter, the

Secretary may make grants to, or enter into contracts with, the

Subseabed Consortium described in subsection (d) of this section, and

other persons.

(4)(A) Within 60 days of December 22, 1987, the Secretary shall

establish a university-based Subseabed Consortium involving

leading oceanographic universities and institutions, national

laboratories, and other organizations to investigate the technical

and institutional feasibility of subseabeded disposal.

(B) The Subseabeded Consortium shall develop a research plan

and budget to achieve the following objectives by 1995:

(i) demonstrate the capacity to identify and characterize

potential subseabeded disposal sites;

(ii) develop conceptual designs for a Subseabeded disposal

system, including estimated costs and institutional

requirements; and

472
42 USC 10221.

(iii) identify and assess the potential impacts of

Subseabeded disposal on the human and marine environment.

(C) In 1990, and again in 1995, the Subseabeded Consortium

shall report to Congress on the progress being made in achieving

the objectives of paragraph (2).

(5) REPEALED. Public Law 104-66, title I, section 105 1(d), 109

Stat. 716, December 21, 1995.14

Title IlI-Other Provisions Relating To Radioactive Waste

Sec. 301. Mission Plan

(a) CONTENTS OF MISSION PLAN-The Secretary shall prepare a

comprehensive report, to be known as the mission plan, which shall

provide an informational basis sufficient to permit informed decisions to

be made in carrying out the repository program and the research,

development, and demonstration programs required under this Act. The

mission plan shall include-

(1) an identification of the primary scientific, engineering, and

technical information, including any necessary demonstration of

engineering or systems integration, with respect to the siting and

construction of a test and evaluation facility and repositories;

(2) an identification of any information described in paragraph (1)

that is not available because of any unresolved scientific, engineering,

or technical questions, or undemonstrated engineering or systems

integration, a schedule including specific major milestones for the

research, development, and technology demonstration program

required under this Act and any additional activities to be undertaken

to provide such information, a schedule for the activities necessary to

achieve important programmatic milestones, and an estimate of the

costs required to carry out such research, development and

demonstration programs;

(3) an evaluation of financial, political, legal, or institutional

problems that may impede the implementation of this Act, the plans of

the Secretary to resolve such problems, and recommendations for any

necessary legislation to resolve such problems;

(4) any comments of the Secretary with respect to the purpose and

program of the test and evaluation facility;

(5) a discussion of the significant results of research and

development programs conducted and the implications for each of the

different geologic media under consideration for the siting of

repositories, and, on the basis of such information, a comparison of the

advantages and disadvantages associated with the use of such media

for repository sites;

(6) the guidelines issued under section 112(a);

1

4

Public Law 97-425, title II, section 224, as added Public Law 100-202, section 101(d), title III, (101 Stat.

1329-104, 1329-12), December 22, 1987; Public Law 100-203, title V, section 5063 (101 Stat. 1330-253),

December 22, 1987; as amended Public Law 104-66, title I, section 1051(d) (109 Stat. 716), December 21,

1995; Public Law 105-245, title IIl, section 309(b)(2)(E) (112 Stat. 1853), October 7, 1998.

473
(7) a description of known sites at which site characterization

activities should be undertaken, a description of such siting

characterization activities, including the extent of planned excavations,

plans for onsite testing with radioactive or nonradioactive material,

plans for any investigations activities which may affect the capability

of any such site to isolate high-level radioactive waste or spent nuclear

fuel, plans to control any adverse, safety-related impacts from such

site characterization activities, and plans for the decontamination and

decommissioning of such site if it is determined unsuitable for

licensing as a repository;

(8) an identification of the process for solidifying high-level

radioactive waste or packaging spent nuclear fuel, including a

summary and analysis of the data to support the selection of the

solidification process and packaging techniques, an analysis of the

requirements for the number of solidification packaging facilities

needed, a description of the state of the art for the materials proposed

to be used in packaging such waste or spent fuel and the availability of

such materials including impacts on strategic supplies and any

requirements for new or reactivated facilities to produce any such

materials needed, and a description of a plan, and the schedule for

implementing such plan, for an aggressive research and development

program to provide when needed a high-integrity disposal package at a

reasonable price;

(9) an estimate of (A) the total repository capacity required to

safely accommodate the disposal of all high-level radioactive waste

and spent nuclear fuel expected to be generated through December 31,

2020, in the event that no commercial reprocessing of spent nuclear

fuel occurs, as well as the repository capacity that will be required if

such reprocessing does occur; (B) the number and type of repositories

required to be constructed to provide such disposal capacity; (C) a

schedule for the construction of such repositories; and (D) an estimate

of the period during which each repository listed in such schedule will

be accepting high-level radioactive waste or spent nuclear fuel for

disposal;

(10) an estimate, on an annual basis, of the costs required (A) to

construct and operate the repositories anticipated to be needed under

paragraph (9) based on each of the assumptions referred to in such

paragraph; (B) to construct and operate a test and evaluation facility,

or any other facilities, other than repositories described in

subparagraph (A), determined to be necessary; and (C) to carry out

any other activities under this Act; and

(11) an identification of the possible adverse economic and other

impacts to the State or Indian tribe involved that may arise from the

development of a test and evaluation facility or repository at a site.

(b) Submission Of Mission Plan.-(1) Not later than 15 months after

the date of the enactment of this Act, the Secretary shall submit a draft

mission plan to the States, the affected Indian tribes, the Commission, and

other Government agencies as the Secretary deems appropriate for their

comments.

474
Public

inspection and

agency

comments.

Publication in

Federal

Register.

Plan submittal

to

congressional

committees.

42 USC 10222.

Fees.

Fees.

(2) In preparing any comments on the mission plan, such agencies

shall specify with precision any objections that they may have. Upon

submission of the mission plan to such agencies, the Secretary shall

publish a notice in the Federal Register of the submission of the

mission plan and of its availability for public inspection, and, upon

receipt of any comments of such agencies respecting the mission plan,

the Secretary shall publish a notice in the Federal Register of the

receipt of comments and of the availability of the comments for public

inspection. If the Secretary does not revise the mission plan to meet

objections specified in such comments, the Secretary shall publish in

the Federal Register a detailed statement for not so revising the

mission plan.

(3) The Secretary, after reviewing any other comments made by

such agencies and revising the mission plan to the extent that the

Secretary may consider to be appropriate, shall submit the mission

plan to the appropriate committees of the Congress not later than 17

months after the date of the enactment of this Act. The mission plan

shall be used by the Secretary at the end of the first period of 30

calendar days (not including any day on which either House of

Congress is not in session because of adjournment of more than 3

calendar days to a day certain) following receipt of the mission plan by

the Congress.

Sec. 302. Nuclear Waste Fund

(a) CONTRACTS-(1) In the performance of his functions under this Act,

the Secretary is authorized to enter into contracts with any person who

generates or holds title to high-level radioactive waste, or spent nuclear

fuel, of domestic origin for the acceptance of title, subsequent

transportation, and disposal of such waste or spent fuel. Such contracts

shall provide for payment to the Secretary of fees pursuant to paragraphs

(2) and (3) sufficient to offset expenditures in subsection (d).

(2) For electricity generated by a civilian nuclear power reactor

and sold on or after the date 90 days after the date of enactment of this

Act, the fee under paragraph (1) shall be equal to 1.0 mil per kilowatthour.

(3) 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 the application of the

fee under paragraph (2) to such reactor, the Secretary shall, not later than

90 days after the date of enactment of this Act, establish a I time fee per

kilogram of heavy metal in spent nuclear fuel, or in solidified high-level radioactive waste. Such fee shall be in amount equivalent to an

average charge of 1.0 mil per kilowatt-hour for electricity generated by

such spent nuclear fuel, or such solidified high-level waste derived

therefrom, to be collected from any person delivering such spent nuclear

fuel or high-level waste, pursuant to section 123, to the Federal

Government. Such fee shall be paid to the Treasury of the United States

and shall be deposited in the separate fund established by subsection

(c) 126(b). In paying such a fee, the person delivering spent fuel, or

solidified high-level radioactive wastes derived therefrom, to the Federal

Government shall have no further financial obligation to the Federal

475
Collection and

payment

procedures.

Review.

42 USC 6421.

Transmittal to

Congress.

Disposal

services, terms

and conditions.

License

renewal or

issuance.

Government for the long-term storage and permanent disposal of such

spent fuel, or the solidified high-level radioactive waste derived

therefrom.

(4) Not later than 180 days after the date of enactment of this Act,

the Secretary shall establish procedures for the collection and payment of

the fees established by paragraph (2) and paragraph (3). The Secretary

shall annually review the amount of the fees established by paragraphs (2)

and (3) above to evaluate whether collection of the fee will provide

sufficient revenues to offset the costs as defined in subsection (d) herein.

In the event the Secretary determines that either insufficient or excess

revenues are being collected, in order to recover the costs incurred by the

Federal Government that are specified in subsection (d), the Secretary

shall propose an adjustment to the fee to insure full cost recovery. The

Secretary shall immediately transmit this proposal for such an adjustment

to Congress. The adjusted fee proposed by the Secretary shall be effective

after a period of 90 days of continuous session have elapsed following the

receipt of such transmittal unless during such 90-day period either House

of Congress adopts a resolution disapproving the Secretary's proposed

adjustment in accordance with the procedures set forth for congressional

review of an energy action under section 551 of the Energy Policy and

Conservation Act.

(5) Contracts entered into under this section shall provide that-

(A) following commencement of operation of a repository, the

Secretary shall take title to the high-level radioactive waste or

spent nuclear fuel involved as expeditiously as practicable upon

the request of the generator or owner of such waste or spent fuel;

and

(B) in return for the payment of fees established by this section,

the Secretary, beginning not later than January 31, 1998, will

dispose of the high-level radioactive waste or spent nuclear fuel

involved as provided in this subtitle.

(6) The Secretary shall establish in writing criteria setting forth the

terms and conditions under which such disposal services shall be made

available.

(b) ADVANCE CONTRACTING REQUIREMENT-

(1) (A) 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 USC 2133,

2134) unless-

(i) such person has entered into a contract with the

Secretary under this section; 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) 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 USC 2133, 2134) that the applicant for such license shall have

entered into an agreement with the Secretary for the disposal of

476
Disposal of

radioactive

waste or spent

nuclear fuel.

high-level radioactive waste and spent nuclear fuel that may result

from the use of such license.

(2) 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 any repository constructed under this Act unless the generator or

owner of such spent fuel or waste has entered into a contract with the

Secretary under this section by not later than-

(A) June 30, 1983; or

(B) the date on which such generator or owner commences

generation of, or takes title to, such spent fuel or waste; whichever

occurs later.

(3) 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) No high-level radioactive waste or spent nuclear fuel generated

or owned by any department of the United States referred to in section

101 or 102 of title 5, United States Code, may be disposed of by the

Secretary in any repository constructed under this Act unless such

department transfers to the Secretary, for deposit in the Nuclear Waste

Fund, amounts equivalent to the fees that would be paid to the

Secretary under the contracts referred to in this section if such waste or

spent fuel were generated by any other person.

(c) ESTABLISHMENT OF NUCLEAR WASTE FUND-There

hereby is established in the Treasury of the United States a separate fund,

to be known as the Nuclear Waste Fund. The Waste Fund shall consist of-

(1) all receipts, proceeds, and recoveries realized by the Secretary

under subsections (a), (b), and (e), which shall be deposited in the

Waste Fund immediately upon their realization;

(2) any appropriations made by the Congress to the Waste Fund;

and

(3) any unexpended balances available on the date of the

enactment of this Act for functions or activities necessary or incident

to the disposal of civilian high-level radioactive waste or civilian spent

nuclear fuel, which shall automatically be transferred to the Waste

Fund on such date.

(d) USE OF WASTE FUND-The Secretary may make

expenditures from the Waste Fund, subject to subsection (e), only for

purposes of radioactive waste disposal activities under Titles I and II,

including-

(1) the identification, development, licensing, construction,

operation, decommissioning, and post-decommissioning maintenance

and monitoring of any repository, monitored retrievable storage

facility or test evaluation facility constructed under this Act;

(2) the conducting of nongeneric research, development, and

demonstration activities under this Act;

(3) the administrative cost of the radioactive waste disposal

program;

477
(4) any costs that may be incurred by the Secretary in connection

with the transportation, treating, or packaging of spent nuclear fuel or

high-level radioactive waste to be disposed of in a repository, to be

stored in a monitored, retrievable storage site or to be used in a test

and evaluation facility;

(5) the costs associated with acquisition, design, modification,

replacement, operation and construction of facilities at a repository

site, a monitored, retrievable storage site or a test and evaluation

facility site and necessary or incident to such repository, monitored,

retrievable storage facility or test and evaluation facility; and

(6) the provision of assistance to States, units of general local

government, and Indian tribes under section 116, 118 and 219.

No amount may be expended by the Secretary under this subtitle for

the construction or expansion of any facility unless such construction or

expansion is expressly authorized by this or subsequent legislation. The

Secretary hereby is authorized to construct one repository and one test and

evaluation facility.

Report to (e) ADMINISTRATION OF WASTE FUND-(1) The Secretary of the

Congress. Treasury shall hold the Waste Fund and, after consultation with the

Secretary, annually report to the Congress on the financial condition and

operations of the Waste Fund during the preceding fiscal year.

Budget (2) The Secretary shall submit the budget of the Waste Fund to the

submittal. Office of Management and Budget triennially along with the budget of

the Department of Energy submitted at such time in accordance with

chapter II of title 31, United States Code. The budget of the Waste

Fund shall consist of the estimates made by the Secretary of

expenditures from the Waste Fund and other relevant financial matters

for the succeeding 3 fiscal years, and shall be included in the Budget

of the United States Government. The Secretary may make

expenditures from the Waste Fund, subject to appropriations which

shall remain available until expended. Appropriations shall be subject

to triennial authorization.

(3) If the Secretary determines that the 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-

(A) having maturities determined by the Secretary of the

Treasury to be appropriate to the needs of the Waste Fund; and

(B) bearing interest at rates determined to be appropriate by the

Secretary of the Treasury, taking into consideration the current

average market yield on outstanding marketable obligations of the

United States with remaining periods to maturity comparable to the

maturities of such investments, except that the interest rate on such

investments shall not exceed the average interest rate applicable to

existing borrowings.

(4) Receipts, proceeds, and recoveries realized by the Secretary

under this section, and expenditures of amounts from the Waste Fund,

shall be exempt from annual apportionment under the provisions of

subchapter II of chapter 15 of title 31, United States Code.

478
Interest

payments.

Deferral.

42 USC 10223.

Study.

Report to

Congress.

(5) If at any time the moneys available in the Waste Fund are

insufficient to enable the Secretary to discharge his responsibilities

under this subtitle, the Secretary shall issue to the Secretary of the

Treasury obligations in such forms and denominations, bearing such

maturities, and subject to such terms and conditions as may be agreed

to by the Secretary and the Secretary of the Treasury. A total of such

obligations shall not exceed amounts provided in appropriation Acts.

Redemption of such obligations shall be made by the Secretary from

moneys available in the Waste Fund. Such obligations shall bear

interest at a rate determined by the Secretary of the Treasury, which

shall be not less than a rate determined by taking into consideration the

average market yield on outstanding marketable obligations of the

United States of comparable maturities during the month preceding the

issuance of the obligations under this paragraph. The Secretary of the

Treasury shall purchase any issued obligations, and for such purpose

the Secretary of the Treasury is authorized to use as a public debt

transactions the proceeds from the sale of any securities issued under

chapter 31 of title 31, United States Code, and the purposes for which

securities may be issued under such Act are extended to include any

purchase of such obligations. The Secretary of the Treasury may at any

time sell any of the obligations acquired by him under this paragraph.

All redemptions, purchases, and sales by the Secretary of the Treasury

of obligations under this paragraph shall be treated as public debt

transactions of the United States.

(6) Any appropriations made available to the Waste Fund for any

purpose described in subsection (d) shall be repaid into the general

fund of the Treasury, together with interest from the date of

availability of the appropriations until the date of repayment. Such

interest shall be paid on the cumulative amount of appropriations

available to the Waste Fund, less the average undisbursed cash balance

in the Waste Fund account during the fiscal year involved.

The rate of such interest shall be determined by the Secretary of

Treasury taking into consideration the average market yield during the

month preceding each fiscal year on outstanding marketable

obligations of the United States of comparable maturity. Interest

payments may be deferred with the approval of the Secretary of the

Treasury, but any interest payments so deferred shall themselves bear

interest.

See. 303. Alternative Means of Financing

The Secretary shall undertake a study with respect to alternative

approaches to managing the construction and operation of all civilian

radioactive waste management facilities, including the feasibility of

establishing a private corporation for such purposes. In conducting such

study, the Secretary shall consult with the Director of the Office of

Management and Budget, the Chairman of the Commission, and such

other Federal agency representatives as may be appropriate. Such study

shall be completed, and a report containing the results of such study shall

be submitted to the Congress, within 1 year after the date of the enactment

of this Act.

479
42 USC 10224.

Report to

Congress.

42 USC 10225.

Sec. 304. 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.

(c) ANNUAL REPORT TO CONGRESS-The Director of the Office

shall annually prepare and submit to the Congress a comprehensive report

on the activities and expenditures of the Office.

(d) AUDIT BY GAO-If requested by either House of the Congress (or

any committee thereof) or if considered necessary by the Comptroller

General, the General Accounting Office shall conduct an audit of the

Office, in accord 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 a report on the results of each audit

conducted under this section. 15

Sec. 305. Location of Test and Evaluation Facility

(a) REPORT TO CONGRESS-Not later than 1 year after the date of

the enactment of this Act, the Secretary shall transmit to the Congress a

report setting forth whether the Secretary plans to locate the test and

evaluation facility at the site of a repository.

(b) PROCEDURES-(l) If the test and evaluation facility is to be

located at any candidate site or repository site (A) site selection and

development of such facility shall be conducted in accordance with the

procedures and requirements established in title I with respect to the site

selection and development of repositories; and (B) the Secretary may not

commence construction of any surface facility for such tests and

evaluation facility prior to issuance by the Commission of a construction

authorization for a repository at the site involved.

(2) No test and evaluation facility may be converted into a

repository unless site selection and development of such facility was

conducted in accordance with the procedures and requirements

established in title I with respect to the site selection and development

of repositories.

(3) The Secretary may not commence construction of a test and

evaluation facility at a candidate site or site recommended as the

location for a repository prior to the date on which the designation of

such site is effective under section 115.

"Public Law 97-425, title [11, section 304, (96 Stat. 2661), January 7, 1983; Public Law 104-66, title I, Subtitle

E, section 1052(1), (109 Stat. 719), December 21, 1995.

480
42 USC 10226.

Regulations or

guidance.

Report to

Congress.

42 USC 10241.

42 USC 10242.

President of

U.S.

42 USC 10243.

Sec. 306. Nuclear Regulatory Commission Training Authorization

NUCLEAR REGULATORY COMMISSION TRAINING

AUTHORIZATION-The Nuclear Regulatory Commission is authorized

and directed to promulgate regulations, or other appropriate Commission

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 NRC 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. Such regulations or other

regulatory guidance shall be promulgated by the Commission within the

12-month period following enactment of this Act, and the Commission

within the 12-month period following enactment of this Act shall submit a

report to Congress setting forth the actions the Commission has taken with

respect to fulfilling its obligations under this section.

Title IV-Nuclear Waste Negotiator

Sec. 401. Definition

For purposes of this title, the term "State" means each of the several

States and the District of Columbia.1 6

Sec. 402. The Office of the Nuclear Waste Negotiator

(a) ESTABLISHMENT-There is established the Office of the Nuclear

Waste Negotiator that shall be an independent establishment in the

executive branch. 17

(b) THE NUCLEAR WASTE NEGOTIATOR-

(1) The Office shall be headed by a Nuclear Waste Negotiator who

shall be appointed by the President, by and with the advice and

consent of the Senate. The Negotiator shall hold office at the pleasure

of the President, and shall be compensated at the rate provided for

level III of the Executive Schedule in section 5314 of title 5, United

States Code.

(2) The Negotiator shall attempt to find a state or Indian tribe

willing to host a repository or monitored retrievable storage facility at

a technically qualified site on reasonable terms and shall negotiate

with any State or Indian tribe which expresses an interest in hosting a

repository or monitored retrievable storage facility.

Sec. 403. Duties of the Negotiator

(a) NEGOTIATIONS WITH POTENTIAL HOSTS-

(1) The Negotiator shall-

(A) seek to enter into negotiations on behalf of the United

States, with-

(i) the Governor of any State in which a potential site is

located; and

"

6

Public Law 102-486 (102 Stat 2923); Oct. 24, 1992. 7

public Law 100-507 (102 Stat 2541) (1988) section 1 amended section 402(a).

481
(ii) the governing body of any Indian tribe on whose

reservation a potential site is located; and

(B) attempt to reach a proposed agreement between the United

States and any such State or Indian tribe specifying the terms and

conditions under which such State or tribe would agree to host a

repository of monitored retrievable storage facility within such

State or reservation.

(2) In any case in which State law authorizes any person or entity

other than the Governor to negotiate a proposed agreement under this

section on behalf of the State, any reference in this title to the

Governor shall be considered to refer instead to such other person or

entity.

(b) CONSULTATION WITH AFFECTED STATES,

SUBDIVISIONS OF STATES, AND TRIBES-In addition to entering

into negotiations under subsection (a), the Negotiator shall consult with

any State, affected unit of local government, or any Indian tribe that the

Negotiator determines may be affected by the siting of a repository or

monitored retrievable storage facility and may include in any proposed

agreement such terms and conditions relating to the interest of such

States, affected units of local government, or Indian tribes as the

Negotiator determines to be reasonable and appropriate.

(c) CONSULTATION WITH OTHER FEDERAL AGENCIES-The

Negotiator may solicit and consider the comments of the Secretary, the

Nuclear Regulatory Commission, or any other Federal agency on the

suitability of any potential site for site characterization. Nothing in this

subsection shall be construed to require the Secretary, the Nuclear

Regulatory Commission, or any other Federal agency to make a finding

that any such site is suitable for site characterization.

(d) PROPOSED AGREEMENT-(1) The Negotiator shall submit to

the Congress any proposed agreement between the United States and a

State or Indian tribe negotiated under subsection (a) and an environmental

assessment prepared under section 404(a) for the site concerned.

(2) Any such proposed agreement shall contain such terms and

conditions (including such financial and institutional arrangements) as

the Negotiator and the host State or Indian tribe determine to be

reasonable and appropriate and shall contain such provisions as are

necessary to preserve any right to participation or compensation of

such State, affected unit of local government, or Indian tribe under

sections 116(c), 117, and 118(b).

(3) (A) No proposed agreement entered into under this section

shall have legal effect unless enacted into Federal law.

(B) A State or Indian tribe shall enter into an agreement under

this section in accordance with the laws of such State or tribe.

Nothing in this section may be construed to prohibit the

disapproval of a proposed agreement between a State and the

United States under this section by a referendum or an act of the

legislature of such State.

(4) Notwithstanding any proposed agreement under this section,

the Secretary may construct a repository or monitored retrievable

storage facility at a site agreed to under this title only if authorized by

482
42 USC 10244.

42 USC 10245.

the Nuclear Regulatory Commission in accordance with the Atomic

Energy Act of 1954 (42 USC 2012 et seq.), title II of the Energy

Reorganization Act of 1982 (42 USC 5841 et seq.) and any other law

applicable to authorization of such construction.

See. 404. Environmental Assessment of Sites

(a) IN GENERAL-Upon the request of the Negotiator, the Secretary

shall prepare an environmental assessment of any site that is the subject of

negotiations under section 403(a).

(b) CONTENTS-(1) Each environmental assessment prepared for a

repository site shall include a detailed statement of the probable impacts

of characterizing such site and the construction and operation of a

repository at such site.

(2) Each environmental assessment prepared for a monitored

retrievable storage facility site shall include a detailed statement of the

probable impacts of construction and operation of such a facility at

such site.

(c) JUDICIAL REVIEW-The issuance of an environmental

assessment under subsection (a) shall be considered to be a final agency

action subject to judicial review in accordance with the provisions of

chapter 7 of title 5, United States Code, section 119.

(d) PUBLIC HEARINGS-(1) In preparing an environmental

assessment for any repository or monitored retrievable storage facility

site, the Secretary shall hold public hearings in the vicinity of such site to

inform the residents of the area in which such site is located that such site

is being considered and to receive their comments.

(2) At such hearings, the Secretary shall solicit and receive any

recommendations of such residents with respect to issues that should

be addressed in the environmental assessment required under

subsection (a) and the site characterization plan described in section

113(b)(1).

(e) PUBLIC AVAILABILITY-Each environmental assessment

prepared under subsection (a) shall be made available to the public.

(f) EVALUATION OF SITES-(1) In preparing an environmental

assessment under subsection (a), the Secretary shall use available

geophysical, geologic, geochemical and hydrologic, and other information

and shall not conduct any preliminary borings or excavations at any site

that is the subject of such assessment unless-

(A) such preliminary boring or excavation activities were in

progress on or before the date of the enactment of the Nuclear

Waste Policy Amendments Act of 1987; or

(B) the Secretary certifies that, in the absence of preliminary

borings or excavations, adequate information will not be available

to satisfy the requirements of this Act or any other law.

(2) No preliminary boring or excavation conducted under this

section shall exceed a diameter of 40 inches.

Sec. 405. Site Characterization; Licensing

(a) SITE CHARACTERIZATION-Upon enactment of legislation to

implement an agreement to site a repository negotiated under section

403(a), the Secretary shall conduct appropriate site characterization

activities for the site that is the subject of such agreement subject to the

483
42 USC 10246.

Grants.

42 USC 10247.

conditions and terms of such agreement. Any such site characterization

activities shall be conducted in accordance with section 113, except that

references in such section to the Yucca Mountain site and the State of

Nevada shall be deemed to refer to the site that is the subject of the

agreement and the State of Indian tribe entering into the agreement.

(b) LICENSING-(l) Upon completion of site characterization

activities carried out under subsection (a), the Secretary shall submit to the

Nuclear Regulatory Commission an application for construction

authorization for a repository at such site.

(2) The Nuclear Regulatory Commission shall consider an

application for a construction authorization for a repository or

monitored retrievable storage facility in accordance with the laws

applicable to such applications, except that the Nuclear Regulatory

Commission shall issue a final decision approving or disapproving the

issuance of a construction authorization not later than 3 years after the

date of the submission of such application.

See. 406. Monitored Retrievable Storage

(a) CONSTRUCTION AND OPERATION-Upon enactment of

legislation to implement an agreement negotiated under section 403(a) to

site a monitored retrievable storage facility, the Secretary shall construct

and operate such facility as part of an integrated nuclear waste

management system in accordance with the terms and conditions of such

agreement.

(b) FINANCIAL ASSISTANCE-The Secretary may make grants to

any State, Indian tribe, or affected unit of local government to assess the

feasibility of siting a monitored retrievable storage facility under this

section at a site under the jurisdiction of such State, tribe, or affected unit

of local government.

Sec. 407. Environmental Impact Statement

(a) IN GENERAL-Issuance of a construction authorization for a

repository or monitored retrievable storage facility under section 405(b)

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 USC 4321 et seq.)

(b) PREPARATION-A final environmental impact statement shall be

prepared by the Secretary under such Act and shall accompany any

application to the Nuclear Regulatory Commission for a construction

authorization.

(c) ADOPTION-(1) Any such environmental impact statement shall,

to the extent practicable, be adopted by the Nuclear Regulatory

Commission, in accordance with section 1506.3 of title 40, Code of

Federal Regulations, in connection with the issuance by the Nuclear

Regulatory Commission of a construction authorization and license for

such repository or monitored retrievable storage facility.

(2) (A) In any such statement prepared with respect to a repository

to be constructed under this title at the Yucca Mountain site, the

Nuclear Regulatory Commission need not consider the need for a

repository, the time of initial availability of a repository, alternate sites

to the Yucca Mountain site, or nongeologic alternatives to such site.

484
42 USC 10248.

Contracts.

42 USC 10249.

42 USC 10250.

42 USC 10251.

(B) In any such statement prepared with respect to a repository

to be constructed under this title at a site other than the Yucca

Mountain site, the Nuclear Regulatory Commission need not

consider the need for a repository, the time of initial availability of

a repository, or nongeologic alternatives to such site but shall

consider the Yucca Mountain site as alternative to such site in the

preparation of such statement.

See. 408. Administrative Powers of the Negotiator

In carrying out his functions under this title, the Negotiator may-

(1) appoint such officers and employees as he determines to be

necessary and prescribe their duties;

(2) obtain services as authorized by section 3109 of title 5, United

States Code, at rates not to exceed the rate prescribed for grade GS- 18

of the General Schedule by section 5332 of title 5, United States Code;

(3) promulgate such rules and regulations as may be necessary to

carry out such functions;

(4) utilize the services, personnel, and facilities of other Federal

agencies (subject to the consent of the head of any such agency);

(5) for purposes of performing administrative functions under this

title, and to the extent funds are appropriated, enter into and perform

such contracts, leases, cooperative agreements, or other transactions as

may be necessary and on such terms as the Negotiator determines to

be appropriate, with any agency or instrumentality of the United

States, or with any public or private person or entity;

(6) accept voluntary and uncompensated services, notwithstanding

the provisions of section 1342 of title 31, United States Code;

(7) adopt an official seal, which shall be judicially noticed;

(8) use the United States mails in the same manner and under the

same conditions as other departments and agencies of the United

States;

(9) hold such hearings as are necessary to determine the views of

interested parties and the general public; and

(10) appoint advisory committees under the Federal Advisory

Committee Act (5 USC App.)

See. 409. Cooperation of Other Departments and Agencies

Each department, agency, and instrumentality of the United States,

including any independent agency, may furnish the Negotiator such

information as he determines to be necessary to carry out his functions

under this title.

Sec. 410. Termination of the Office

The Office shall cease to exist not later than 30 days after the date 7

years after the date of the enactment of the Nuclear Waste Policy

Amendments Act of 1987.18

See. 411. Authorization of Appropriations

Notwithstanding subsection (d) of section 302, and subject to

subsection (e) of such section, there are authorized to be appropriated for

expenditures from amounts in the Waste Fund established in subsection

"

8Public Law 102-486 (106 Stat. 2923).

485
(c) of such section, such sums as may be necessary to carry out the

provisions of this title. 19

Title V-Nuclear Waste Technical Review Board

Sec. 501. Definitions

2 USC 10261. As used in this title:

(1) The term "Chairman" means the Chairman of the Nuclear

Waste Technical Review Board.

(2) The term "Board" means the Nuclear Waste Technical Review

Board established under section 502.

Sec. 502. Nuclear Waste Technical Review Board

2 USC 10262. (a) ESTABLISHMENT-There is established a Nuclear Waste

Technical Review Board that shall be an independent establishment

within the executive branch.

President of (b) MEMBERS-(l) The Board shall consist of 11 members who shall

U.S. be appointed by the President not later than 90 days after the date of the

enactment of the Nuclear Waste Policy Amendments Act of 1987 from

among persons nominated by the National Academy of Sciences in

accordance with paragraph (3).

President of (2) The President shall designate a member of the Board to serve

U.S. as chairman.

(3) (A) The National Academy of Sciences shall, not later than 90

days after the date of the enactment of the Nuclear Waste Policy

Amendments Act of 1987, nominate not less than 22 persons for

appointment to the Board from among persons who meet the

qualifications described in subparagraph (C).

(B) 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) (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 representative 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 high-level radioactive waste

or spent nuclear fuel activities under contract with the

Department of Energy.

1

9

Public Law 100-203 (101 Stat. 1330) (1987) section 5041, added title IV.

486
42 USC 10263.

42 USC 10264.

42 USC 10265.

42 USC 10266.

(4) Any vacancy on the Board shall be filled by the nomination and

appointment process described in paragraphs (1) and (3).

(5) Members of the Board shall be appointed for terms of 4 years,

each such term to commence 120 days after the date of enactment of

the Nuclear Waste Policy Amendments Act of 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.

Sec. 503. Functions

The Board shall evaluate the technical and scientific validity of

activities undertaken by the Secretary after the date of the enactment of

the Nuclear Waste Policy Amendments Act of 1987, including-

(1) site characterization activities; and

(2) activities relating to the packaging or transportation of highlevel radioactive waste or spent nuclear fuel.

See. 504. 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.

(b) PRODUCTION OF DOCUMENTS-(1) 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 as

may be necessary to respond to any inquiry of the Board under this title.

(2) 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. 505. 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 subsistence, in the same

manner as is permitted under sections 5702 and 5703 of title 5, United

States Code.

See. 506. Staff

(a) CLERICAL STAFF-(1) 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) 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 53 of such title relating to

classification and General Schedule pay rates.

(b) PROFESSIONAL STAFF.-(1) 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.

487
42 USC 10267,

42 USC 10268.

42 USC 10269.

(2) Not more than 10 professional staff members may be appointed

under this subsection.

(3) 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 of GS-18 of the General Schedule.

See. 507. Support Services

(a) GENERAL SERVICES-To the extent permitted by law and

requested by the Chairman, the Administrator of General Services shall

provide the Board with necessary administrative services facilities, and

support on a reimbursable basis.

(b) ACCOUNTING, RESEARCH, AND TECHNOLOGY

ASSESSMENT SERVICES-The Comptroller General, the Librarian of

Congress, and the Director of the Office of Technology Assessment shall,

to the extent permitted by law and subject to the availability of funds,

provide the Board with such facilities, support, funds and services,

including staff, as may be necessary for the effective performance of the

functions of the Board.

(c) ADDITIONAL SUPPORT-Upon the request of the Chairman, the

Board may secure directly from the head of any department or agency of

the United States information necessary to enable it to carry out this title.

(d) MAILS-The Board may use the United States mails in the same

manner and under the same conditions as other departments and agencies

of the United States.

(e) EXPERTS AND CONSULTANTS-Subject to such rules as may

be prescribed by the Board, the Chairman may procure temporary and

intermittent services under section 3109(b) of title 5 of the United States

Code, but at rates for individuals not to exceed the daily equivalent of the

maximum annual rate of basic pay payable for GS- 18 of the General

Schedule.

Sec. 508. Report

The Board shall report not less than 2 times per year to Congress and

the Secretary its findings, conclusions, and recommendations. The first

such report shall be submitted not later than 12 months after the date of

the enactment of the Nuclear Waste Policy Amendments Act of 1987.

Sec. 509. Authorization of Appropriations

Notwithstanding subsection (d) of section 302, and subject to

subsection (e) of such section, there are authorized to be appropriated for

expenditures from amounts in the Waste Fund established in subsection

(c) of such section such sums as may be necessary to carry out the

provisions of this title.

488
42 USC 10270.

Sec. 510. Termination of the Board

The Board shall cease to exist not later than 1 year after the date on

which the Secretary begins disposal of high-level radioactive waste or

spent nuclear fuel in a repository.20

2

"Public Law 100-203 (101 Stat. 1330) (1987) section 5051, added title V.

489
B. PERTINENT PROVISIONS OF THE ENERGY

POLICY ACT OF 1992-(ENVIRONMENTAL

PROTECTION STANDARDS)

Title VIII - High-Level Radioactive Waste'

Sec. 801. Nuclear Waste Disposal

(a) ENVIRONMENTAL PROTECTION AGENCY STANDARDS-

(1) PROMULGATION-Notwithstanding the provisions of section

121(a) of the Nuclear Waste Policy Act of 1982 (42 USC 10141(a)),

section 161b. of the Atomic Energy Act of 1994 (42 USC 2201(b)),

and any other authority of the Administrator of the Environmental

Protection Agency to set generally applicable standards for the Yucca

Mountain site, the Administrator shall, based upon and consistent with

the findings and recommendations of the National Academy of

Sciences, promulgate, by rule, public health and safety standards for

protection of the public from releases from radioactive materials

stored or disposed of in the repository at the Yucca Mountain site.

Such standards shall prescribe the maximum annual effective dose

equivalent to individual members of the public from releases to the

accessible environment from radioactive materials stored or disposed

of in the repository. The standards shall be promulgated not later than

one year after the Administrator receives the findings and

recommendations of the National Academy of Sciences under

paragraph (2) and shall be the only such standards applicable to the

Yucca Mountain site.

(2) STUDY BY NATIONAL ACADEMY OF SCIENCESWithin 90 days after the date of the enactment of this Act, the

Administrator shall contract with the National Academy of Sciences to

conduct a study to provide, by not later than December 31, 1993,

findings and recommendations on reasonable standards for protection

of the public health and safety, including - (A) whether a health-based standard based upon doses to

individual members of the public from releases to the accessible

environment (as that term is defined in the regulations contained in

subpart B of Part 191 of title 40, Code of Federal Regulations, as

in effect on November 18, 1985) will provide a reasonable

standard for protection of the health and safety of the general

public.

(B) whether it is reasonable to assume that a system for postclosure oversight of the repository can be developed, based upon

active institutional controls, that will prevent an unreasonable risk

of breaching the repository's engineered or geologic barriers 'r

increasing the exposure of individual members of the public to

radiation beyond allowable limits; and

(C) whether it is possible to make scientifically supportable

predictions of the probability that the repository's engineered or

'Note: This Act consists of Public Law 102-486 (106 Stat. 2776) enacted on October 24, 1992, and generally

appears in title 42, United States Code.

490
geologic barriers will be breached as a result of human intrusion

over a period of 10,000 years.

(3) APPLICABILITY-The provisions of this section shall apply

to the Yucca Mountain site, rather than any other authority of the

Administrator to set generally applicable standards for radiation

protection.

(b) NUCLEAR REGULATORY COMMISSION REQUIREMENTS

AND CRITERIA.-

(1) MODIFICATIONS-Not later than 1 year after the

Administrator promulgates standards under subsection (aO, the

Nuclear Regulatory Commission shall, by rule, modify its technical

requirements and criteria under section 121 (b) of the nuclear Waste

Policy Act of 1982 942 USC 10141(b)), as necessary, to be consistent

with the Administrator's standards promulgated under subsection (a).

(2) REQUIRED ASSUMPTIONS-The Commission's

requirements and criteria shall assume, to the extent consistent with

the findings and recommendations of the National Academy of

Sciences, that, following repository closure, the inclusion of

engineered barriers and the Secretary's post-closure, oversight of the

Yucca Mountain site, in accordance with the subsection (c), shall be

sufficient to-

(A) prevent any activity at the site that poses an unreasonable

risk of breaching the repository's engineered or geologic barriers;

and

(B) prevent any increase in the exposure of individual

members of the public to radiation beyond allowable limits.

(c) POST-CLOSURE OVERSIGHT-Following repository closure,

the Secretary of Energy shall continue to oversee the Yucca Mountain site

to prevent any activity at the site that poses an unreasonable risk of-

(I) breaching the repository's engineered or geologic barriers; or

(2) increasing the exposure of individual members of the public to

radiation beyond allowable limits.

Sec. 803. Nuclear Waste Management Plan

(a) PREPARATION AND SUBMISSION OF REPORT-The

Secretary of Energy, in consultation with the Nuclear Regulatory

Commission and the Environmental Protection Agency, shall prepare and

submit to the Congress a report on whether current programs and plans for

management of nuclear waste as mandated by the Nuclear Waste Policy

Act of 1982 (42 USC 10101 etseq.) are adequate for management of any

additional volumes or categories of nuclear waste that might be generated

by any new nuclear power plants that might be constructed and licensed

after the date of the enactment of this Act. The Secretary shall prepare the

report for submission to the President and the Congress within 1 year after

the date of the enactment of this Act. The report shall examine any new

relevant issues related to management of spent nuclear fuel and high-level

radioactive waste that might be raised by the addition of new nucleargenerated electric capacity, including anticipated increased volumes of

spent nuclear fuel or high-level radioactive waste, any need for additional

interim storage capacity prior to final disposal, transportation of additional

491
volumes of waste, and any need for additional repositories for deep

geologic disposal.

(b) OPPORTUNITY FOR PUBLIC COMMENT-In preparation of

the report required under subsection (a), the Secretary of Energy shall

offer members of the public an opportunity to provide information and

comment and shall solicit the views of the Nuclear Regulatory

Commission, the Environmental Protection Agency, and other interested

parties.

(c) AUTHORIZATION OF APPROPRIATIONS-There are

authorized to be appropriated such sums as may be necessary to carry out

this section.

492
C. RONALD W. REAGAN NATIONAL DEFENSE

AUTHORIZATION ACT FOR FISCAL YEAR 2005-

(DEFENSE SITE ACCELERATION COMPLETION)

Sec. 3116. Defense Site Acceleration Completion.'

50 USC 2601 (a) IN GENERAL.-Notwithstanding the provisions of the Nuclear

note. Waste Policy Act of 1982, the requirements of section 202 of the Energy

Reorganization Act of 1974, and other laws that define classes of

radioactive waste, with respect to material stored at a Department of

Energy site at which activities are regulated by a covered State pursuant to

approved closure plans or permits issued by the State, the term "high-level

radioactive waste" does not include radioactive waste resulting from the

reprocessing of spent nuclear fuel that the Secretary of Energy (in this

section referred to as the "Secretary"), in consultation with the Nuclear

Regulatory Commission (in this section referred to as the "Commission"),

determines-

(1) does not require permanent isolation in a deep geologic

repository for spent fuel or high-level radioactive waste;

(2) has had highly radioactive radionuclides removed to the

maximum extent practical; and

(3)(A) does not exceed concentration limits for Class C low- level

waste as set out in section 61.55 of title 10, Code of Federal

Regulations, and will be disposed of-

(i) in compliance with the performance objectives set out in

subpart C of part 61 of title 10, Code of Federal Regulations; and

(ii) pursuant to a State-approved closure plan or State-issued

permit, authority for the approval or issuance of which is conferred

on the State outside of this section; or

(B) exceeds concentration limits for Class C low-level waste as

set out in section 61.55 of title 10, Code of Federal Regulations, but

will be disposed of-

(i) in compliance with the performance objectives set out in

subpart C of part 61 of title 10, Code of Federal Regulations;

(ii) pursuant to a State-approved closure plan or State-issued

permit, authority for the approval or issuance of which is conferred

on the State outside of this section; and

(iii) pursuant to plans developed by the Secretary in

consultation with the Commission.

(b) MONITORING BY NUCLEAR REGULATORY

COMMISSION.-

(1) The Commission shall, in coordination with the covered State,

monitor disposal actions taken by the Department of Energy pursuant

to subparagraphs (A) and (B) of subsection (a)(3) for the purpose of

assessing compliance with the performance objectives set out in

subpart C of part 61 of title 10, Code of Federal Regulations.

(2) If the Commission considers any disposal actions taken by the

Department of Energy pursuant to those subparagraphs to be not in

Note: Public Law 108-375, Division C, Title XXXI, section 3116 (118 Stat. 2162); OctobeT 28,2004.

493
compliance with those performance objectives, the Commission shall,

as soon as practicable after discovery of the noncompliant conditions,

inform the Department of Energy, the covered State, and the following

congressional committees:

(A) The Committee on Armed Services, the Committee on

Energy and Commerce, and the Committee on Appropriations of

the House of Representatives.

(B) The Committee on Armed Services, the Committee on

Energy and Natural Resources, the Committee on Environment

and Public Works, and the Committee on Appropriations of the

Senate.

(3) For fiscal year 2005, the Secretary shall, from amounts

available for defense site acceleration completion, reimburse the

Commission for all expenses, including salaries, that the Commission

incurs as a result of performance under subsection (a) and this

subsection for fiscal year 2005. The Department of Energy and the

Commission may enter into an interagency agreement that specifies

the method of reimbursement. Amounts received by the Commission

for performance under subsection (a) and this subsection may be

retained and used for salaries and expenses associated with those

activities, notwithstanding section 3302 of title 31, United States

Code, and shall remain available until expended.

(4) For fiscal years after 2005, the Commission shall include in the

budget justification materials submitted to Congress in support of the

Commission budget for that fiscal year (as submitted with the budget

of the President under section 1105(a) of title 31, United States Code)

the amounts required, not offset by revenues, for performance under

subsection (a) and this subsection.

(c) INAPPLICABILITY TO CERTAIN MATERIALS.- Subsection

(a) shall not apply to any material otherwise covered by that subsection

that is transported from the covered State.

(d) COVERED STATES.-For purposes of this section, the following

States are covered States:

(1) The State of South Carolina.

(2) The State of Idaho.

(e) CONSTRUCTION.-

(1) Nothing in this section shall impair, alter, or modify the full

implementation of any Federal Facility Agreement and Consent Order

or other applicable consent decree for a Department of Energy site.

(2) Nothing in this section establishes any precedent or is binding

on the State of Washington, the State of Oregon, or any other State not

covered by subsection (d) for the management, storage, treatment, and

disposition of radioactive and hazardous materials.

(3) Nothing in this section amends the definition of "transuranic

waste" or regulations for repository disposal of transuranic waste

pursuant to the Waste Isolation Pilot Plant Land Withdrawal Act or

part 191 of title 40, Code of Federal Regulations.

(4) Nothing in this section shall be construed to affect in any way

the obligations of the Department of Energy to comply with section

4306A of the Atomic Energy Defense Act (50 U.S.C. 2567).

494
(5) Nothing in this section amends the West Valley Demonstration

Act (42 U.S.C. 2121a note).

(f) JUDICIAL REVIEW.-Judicial review shall be available in

accordance with chapter 7 of title 5, United States Code, for the following:

(1) Any determination made by the Secretary or any other agency

action taken by the Secretary pursuant to this section.

(2) Any failure of the Commission to carry out its responsibilities

under subsection (b).

495
D. PERTINENT PROVISIONS OF THE ENERGY

POLICY ACT OF 2005-(GREATER-THAN-CLASS

C WASTE)

Sec. 631. Safe Disposal of Greater-Than-Class C Radioactive Waste.1

Notification. (a) RESPONSIBILITY FOR ACTIVITIES TO PROVIDE STORAGE

FACILITY.-The Secretary shall provide to Congress official notification

of the final designation of an entity within the Department to have the

responsibility of completing activities needed to provide a facility for

safely disposing of all greater-than-Class C low-level radioactive waste.

(b) REPORTS AND PLANS.-

(1) REPORT ON PERMANENT DISPOSAL FACILITY.-

(A) PLAN REGARDING COST AND SCHEDULE FOR

COMPLETION OF EIS AND ROD.-Not later than 1 year after

the date of enactment of this Act, the Secretary, in consultation

with Congress, shall submit to Congress a report containing an

estimate of the cost and a proposed schedule to complete an

environmental impact statement and record of decision for a

permanent disposal facility for greater-than-Class C radioactive

waste.

(B) ANALYSIS OF ALTERNATIVES.-Before the

Secretary makes a final decision on the disposal alternative or

alternatives to be implemented, the Secretary shall-

(i) submit to Congress a report that describes all

alternatives under consideration, including all information

required in the comprehensive report making

recommendations for ensuring the safe disposal of all

greater-than-Class C low-level radioactive waste that was

submitted by the Secretary to Congress in February 1987;

and

(ii) await action by Congress.

(2) SHORT-TERM PLAN FOR RECOVERY AND STORAGE.-

Deadline. (A) IN GENERAL.-Not later than 180 days after the date

of enactment of this Act, the Secretary shall submit to Congress

a plan to ensure the continued recovery and storage of greaterthan-Class C low-level radioactive sealed sources that pose a

security threat until a permanent disposal facility is available.

(B) CONTENTS.-The plan shall address estimated cost,

resource, and facility needs.

'Public Law 109-58 (119 Stat. 788), August 8, 2005: added Section 631.

496
4: Uranium Mill Tailings.

4. Uranium Mill Tailings

Contents

A. URANIUM MILL TAILINGS RADIATION CONTROL ACT OF 1978,

A S A M E N D E D ..................................................................................................... 499

Sec. 1. Short Title and Table of Contents ................................................... 499

Sec. 2. Findings and Purposes ...................................................................... 499

Title I-Remedial Action Program ....................................................................... 499

Sec. 101. D efinitions ...................................................................................... 499

Sec. 102. Designation of Processing Sites .................................................... 500

See. 103. State Cooperative Agreements ..................................................... 503

Sec. 104. Acquisition and Disposition of Lands and Materials ................. 504

Sec. 105. Indian Tribe Cooperative Agreements ........................................ 506

Sec. 106. Acquisition of Lands by Secretary ............................................... 507

Sec. 107. Financial Assistance ...................................................................... 508

Sec. 108. R em edial A ction ............................................................................ 508

Sec. 109. R u les ............................................................................................... 509

Sec. 110. E nforcem ent .................................................................................. 509

Sec. 111. Public Participation ...................................................................... 510

Sec. 112. Termination: Authorization ....................................................... 510

Sec. 113. L im itation ...................................................................................... 5 10

Sec. 114. Reports to Congress ...................................................................... 510

Sec. 115. Active Operations: Liability for Remedial Action ..................... 512

Title II-Uranium Mill Tailings Licensing And Regulation ............................... 512

Sec. 201. D efinition ........................................................................................ 5 12

Sec. 202. Custody of Disposal Site ............................................................... 512

Sec. 203. Authority to Establish Certain Requirements ............................ 515

Sec. 204. Cooperation with States ................................................................ 515

Sec. 205. Authorities of Commission Respecting Certain Byproduct

M aterial ....................................................................................................... 5 18

Sec. 84. Authorities Of Commission Respecting Certain Byproduct

M a terial ....................................................................................................... 5 18

Sec. 206. Authority of Environmental Protection Agency Respecting

Certain Byproduct Material ...................................................................... 519

Sec. 207. Authorization of Appropriation for Grants ................................ 521

Sec. 208. E ffective D ate ................................................................................. 521

Sec. 209. Consolidation of Licenses and Procedures .................................. 521

Title III-Study And Designation Of Two Mill Tailings Sites In New Mexico. 521

S ec. 3 0 1. S tu d y ............................................................................................... 52 1

Sec. 302. Designation by Secretary .............................................................. 522

B. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT OF 1992 ... 523

Title X - Remedial Action And Uranium Revitalization ................................... 523

Subtitle A - Remedial Action at Active Processing Sites ............................... 523

Sec. 1001. Remedial Action Program .......................................................... 523

497
Sec. 1002. R egulations .................................................................................. 524

Sec. 1003. Authorization of Appropriations ............................................... 524

Sec. 1004. D efinitions .................................................................................... 525

Subtitle B-Uranium Revitalization .................................................................. 525

Sec. 1011. Overfeed Program ....................................................................... 525

Sec. 1012. National Strategic Uranium Reserve ......................................... 526

Sec. 1013. Sale of Remaining Doe Inventories ............................................ 526

Sec. 1014. Responsibility for the Industry .................................................. 526

Sec. 1015. Annual Uranium Purchase Reports .......................................... 526

Sec. 1016. Uranium Inventory Study .......................................................... 526

Sec. 1017. Regulatory Treatment of Uranium Purchases .......................... 527

Sec. 1018. D efinitions .................................................................................... 527

C. NATIONAL DEFENSE AUTHORIZATION FISCAL YEAR 2001-

(PROVISIONS PERTAINING TO REMEDIAL ACTION AT MOAB

S IT E ) ...................................................................................................................... 5 2 9

Title XXXIV-Naval Petroleum Reserves ............................................................ 529

See. 3401. Remedial Action at Moab Site- .................................................. 529

498
A. URANIUM MILL TAILINGS RADIATION

CONTROL

ACT OF 1978, AS AMENDED

42 USC 7901.

Public Law 95-604 92 Stat. 3021

November 8, 1978

An Act

Sec. 1. Short Title and Table of Contents

This Act may be cited as the "Uranium Mill Tailings Radiation

Control Act of 1978." (TOC not duplicated here.)

Sec. 2. Findings and Purposes

(a) The Congress finds that uranium mill tailings located at active and

inactive mill operations may pose a potential and significant radiation

health hazard to the public, and that the protection of the public health,

safety, and welfare and the regulation of interstate commerce require that

every reasonable effort be made to provide for the stabilization, disposal,

and control in a safe and environmentally sound manner of such tailings

in order to prevent or minimize radon diffusion into the environment and

to prevent or minimize other environmental hazards from such tailings.

(b) The purposes of this Act are to provide-

(1) in cooperation with the interested States, Indian tribes, and the

persons who own or control inactive mill tailings sites, a program of

assessment and remedial action at such sites, including, where

appropriate, the reprocessing of tailings to extract residual uranium

and other mineral values where practicable, in order to stabilize and

control such tailings in a safe and environmentally sound manner and

to minimize or eliminate radiation health hazards to the public, and

(2) a program to regulate mill tailings during uranium or thorium

ore processing at active mill operations and after termination of such

operations in order to stabilize and control such tailings in a safe and

environmentally sound manner and to minimize or eliminate radiation

health hazards to the public.

Title I-Remedial Action Program

Sec. 101. Definitions

For purposes of this title-

(1) The term "Secretary" means the Secretary of Energy.

(2) The term "Commission" means the Nuclear Regulatory

Commission.

(3) The term "Administrator" means the Administrator of the

Environmental Protection Agency.

(4) The term "Indian tribe" means any tribe, band, clan, group,

pueblo, or community of Indians recognized as eligible for services

provided by the Secretary of the Interior to Indians.

(5) The term "person" means any individual association,

partnership, corporation, firm, joint venture, trust, government entity,

and any other entity, except that such term does not include any Indian

or Indian tribe.

42 USC 7911.

499
(6) The term "processing site" means-

(A) any site, including the mill, containing residual radioactive

materials at which all or substantially all of the uranium was

produced for sale to any Federal agency prior to January 1, 1971

under a contract with any Federal agency, except in the case of a

site at or near Slick Rock, Colorado, unless- . (i) such site was owned or controlled as of January 1, 1978,

or is thereafter owned or controlled by any Federal agency, or

(ii) a license (issued by the Commission or its predecessor

agency under the Atomic Energy Act of 1954 or by a State as

permitted under section 274 of such Act) for the production at

such site of any uranium or thorium product derived from ores

is in effect on January 1, 1978, or is issued or renewed after

such date; and

(B) any other real property or improvement thereon which-

(i) is in the vicinity of such site, and

42 USC 2011 (ii) is determined by the Secretary, in consultation with the

note. Commission, to be contaminated with residual radioactive

42 USC 2021. materials derived from such site.

Any ownership or control of an area by a Federal agency which is

acquired pursuant to a cooperative agreement under this title shall not be

treated as ownership or control by such agency for purposes of

subparagraph (A)(i). A license for the production of any uranium product

from residual radioactive materials shall not be treated as a license for

production from ores within the meaning of subparagraph (A)(ii) if such

production is in accordance with section 108(b).

(7) The term "residual radioactive material" means-

(A) waste (which the Secretary determines to be radioactive) in

the form of tailings resulting from the processing of ores for the

extraction of uranium and other valuable constituents of the ores;

and

(B) other waste (which the Secretary determines to be

radioactive) at a processing site which relate to such processing,

including any residual stock of unprocessed ores or low-grade

materials.

(8) The term "tailings" means the remaining portion of a metalbearing ore after some or all of such metal, such as uranium, has been

extracted.

(9) The term "Federal agency" includes any executive agency as

defined in section 105 of title 5 of the United States Code.

(10) The term "United States" means the 48 contiguous States and

Alaska, Hawaii, Puerto Rico, the District of Columbia, and the

territories and possessions of the United States.

Sec. 102. Designation of Processing Sites

42 USC 7912. (a)(1) As soon as practicable, but no later than one year after

enactment of this Act, the Secretary shall designate processing sites at or

near the following locations:

Salt Lake City, Utah

Green River, Utah

Mexican Hat, Utah

Durango, Colorado

Grand Junction, Rifle, Colorado (two sites)

500
Gunnison, Colorado

Naturita, Colorado

Maybell, Colorado

Slick Rock, Colorado (two sites)

Shiprock, New Mexico

Ambrosia Lake, New Mexico

Riverton, Wyoming

Converse County, Wyoming

Lakeview, Oregon

Falls City, Texas

Tuba City, Arizona

Monument Valley, Arizona

Lowman, Idaho

Canonsburg, Pennsylvania

Remedial Subject to the provisions of this title, the Secretary shall complete

action. remedial action at the above listed sites before his authority terminates

under this title. The Secretary shall within one year of the date of

enactment of this Act also designate all other processing sites within the

United States which he determines requires remedial action to carry out

the purposes of this title. In making such designation, the Secretary shall

consult with the Administrator, the Commission, and the affected States,

and in the case of Indian lands, the appropriate Indian tribe and the

Secretary of the Interior.

(2) As part of his designation under this subsection, the Secretary,

in consultation with the Commission, shall determine the boundaries

of each such site.

(3) No site or structure with respect to which remedial action is

authorized under Public Law 92-314 in Grand Junction, Colorado,

may be designated by the Secretary as a processing site under this

section.

Health hazard (b) Within one year from the date of the enactment of this Act, the

assessment. Secretary shall assess the potential health hazard to the public from the

residual radioactive materials at designated processing sites. Based upon

such assessment, the secretary shall, within such one year period, establish

priorities for carrying out remedial action at each such site. In

establishing such priorities, the Secretary shall rely primarily on the

advice of the Administrator.

Notification. (c) Within thirty days after making designations of processing sites

and establishing the priorities for such sites under this section, the

Secretary shall notify the Governor of each affected State, and where

appropriate, the Indian tribes and the Secretary of the Interior.

(d) The designations made, and priorities established, by the Secretary

under this section shall be final and not be subject to judicial review.

(e)(1) The designation of processing sites within one year after

enactment under this section shall include, to the maximum extent

practicable, the areas referred to in section 101 (6)(B).

(2) Notwithstanding the one year limitation contained in this

section, the Secretary may, after such one year period, include any

areas described in section 101 (6)(B) as part of a processing site

designated under this section if he determines such inclusion to be

appropriate to carry out the purposes of this title.

501
42 USC 7911.

42 USC 7917.

(3) The Secretary shall designate as a processing site within the

meaning of section 101 (6) any real property, or improvements thereon,

in Edgemont, South Dakota, that-

(A) is in the vicinity of the Tennessee Valley Authority

uranium mill site at Edgemont (but not including such site), and

(B) is determined by the Secretary to be contaminated with

residual radioactive materials.

(f)(1) DESIGNATION. Notwithstanding any other provision of law,

the Moab uranium milling site (referred to in this subsection as the "Moab

site") located approximately three miles northwest of Moab, Utah, and

'identified in the Final Environmental Impact Statement issued by the

Nuclear Regulatory Commission in March 1996 in conjunction with

Source Materials License No. SUA-917, is designated as a processing site.

(2) APPLICABILITY. This title applies to the Moab site in the

same manner and to the same extent as to other processing sites

designated under subsection (a), except that-

(A) sections 103, 104(b), 107(a), 112(a), and 115(a) of this title

shall not apply; and

(B) a reference in this title to the date of the enactment of this

Act shall be treated as a reference to the date of the enactment of

this subsection [enacted October 30, 2000].

(3) REMEDIATION. Subject to the availability of appropriations

for this purpose, the Secretary shall conduct remediation at the Moab

site in a safe and environmentally sound manner that takes into

consideration the remedial action plan prepared pursuant to section

3405(i) of the Strom Thurmond National Defense Authorization Act

for Fiscal Year 1999 (10 USC 7420 note; Public Law 105-261,

including-

(A) ground water restoration; and

(B) the removal, to a site in the State of Utah, for permanent

disposition and any necessary stabilization, of residual radioactive

material and other contaminated material from the Moab site and

the floodplain of the Colorado River.'

In making the designation under this paragraph, the Secretary shall

consult with the Administrator, the Commission and the State of South

Dakota. The provisions of this title shall apply to the site so designated in

the same manner and to the same extent as to the sites designated under

subsection (a) except that, in applying such provisions to such site, any

reference in this title to the date of enactment of this Act shall be treated

as a reference to the date of the enactment of this paragraph and in

determining the State share under section 107 of the costs of remedial

action, there shall be credited to the State, expenditures made by the State

prior to the date of the enactment of this paragraph which the Secretary

determines would have been made by the State or the United States in

carrying out the requirements of this title.2

'As amended, Public Law 106-398, section 1, (114 Stat. 1654), October 30, 2000. 2

Public Law 97-415 (96 Stat. 2067)(1983), added (3) to section 102(e).

502
Sec. 103. State Cooperative Agreements

42 USC 7913. (a) After notifying a State of the designation referred to in section 102

of this title, the Secretary subject to section 113, is authorized to enter into

cooperative agreement with such State to perform remedial actions at each

designated processing site in such State (other than a site location on

Indian lands referred to in section 105). The Secretary shall, to the greatest

extent practicable, enter into such agreements and carry out such remedial

actions in accordance with the priorities established by him under section

102. The Secretary shall commence preparations for cooperative

agreements with respect to each designated processing site as promptly as

practicable following the designation of each site.

Terms and (b) Each cooperative agreement under this section shall contain such

Conditions. terms and conditions as the Secretary deems appropriate and consistent

with the purposes of this Act, including, but not limited to, a limitation on

the use of Federal assistance to those costs which are directly required to

complete the remedial action selected pursuant to section 108.

Written (c)(1) Except where the State is required to acquire the processing site

consent. as provided in subsection (a) of section 104, each cooperative agreement

with a State under section 103 shall provide that the State shall obtain, in a

form prescribed by the Secretary, written consent from any person holding

any record interest in the designated processing site for the Secretary or

any person designated by him to perform remedial action at such site.

Waiver. (2) Such written consent shall include a waiver by each such

person on behalf of himself, herself, his heirs, successors, and assigns-

(A) releasing the United States of any liability or claims thereof

by such person, his heirs, successors, and assigns concerning such

remedial action, and

(B) holding the United States harmless against any claim by

such person on behalf of himself, his heirs, successors, or assigns arising out of the performance of any remedial action.

(d) Each cooperative agreement under this section shall require the

State to assure that the Secretary, the Commission, and the Administrator

and their authorized representatives have a permanent right of entry at any

time to inspect the processing site and the site provided pursuant to

section 104(b)(1) in furtherance of the provisions of this title and to carry

out such agreement and enforce this Act and any rules prescribed under

this Act. Such right of entry under this section or section 106 into an area

described in section 101 (6)(B) shall terminate on completion of the

remedial action, as determined by the Secretary.

(e) Each agreement under this section shall take effect only upon the

concurrence of the Commission with the terms and conditions thereof.

(f) The Secretary may, in any cooperative agreement enter into this

section or section 105, provide for reimbursement of the actual costs, as

determined by the Secretary, of any remedial action performed with

respect to so much of a designated processing site as is described in

section 101 (6)(B). Such reimbursement shall be made only to a property

owner of record at the time such remedial action was undertaken and only

with respect to costs incurred by such property owner. No such

reimbursement may be made unless-

(1) such remedial action was completed prior to enactment of this

Act, and unless the application for such reimburse was filed by such

503
owner within one year after a agreement under this section or section

105 is approved by the Secretary and the Commission, and

(2) the Secretary is satisfied that such action adequately achieves

the purposes of this Act with respect to the site concerned and is

consistent with the standards established by the Administrator

pursuant to section 275(a) of the Atomic Energy Act of 1954.

See. 104. Acquisition and Disposition of Lands and Materials

42 USC 7914. (a) Each cooperative agreement under section 103 shall require the

State where determined appropriate by the Secretary with the concurrence

of the Commission, to acquire any designated processing site, including

where appropriate any interest therein. In determining whether to require

the State to acquire a designated processing site or interest therein,

consideration shall be given to the prevention of windfall profits.

Residual (b)(1) If the Secretary with the concurrence of the Commission

radioactive determines that removal of residual radioactive material from a processing

material, site is appropriate, the cooperative agreement shall provide that the State

removal, shall acquire land (including, where appropriate, any interest therein) to be

used as a site for the permanent disposition and stabilization of such

residual radioactive materials in a safe and environmentally sound

manner.

(2) Acquisition by the State shall not be required under this

subsection if a site located on land controlled by the Secretary or made

available by the Secretary of the Interior pursuant to section 106(a)(2)

is designated by the Secretary, with the concurrence of the

Commission, of such disposition and stabilization.

(c) No State shall be required under subsection (a) or (b) to acquire

any real property or improvement outside the boundaries of-

(1) that portion of the processing site which is described in section

101(6)(A), and

(2) the site used for disposition of the residual radioactive

materials.

(d) In the case of each processing site designated under this title other

than a site designated on Indian land, the State shall take such action as

may be necessary, and pursuant to regulations of the Secretary under this

subsection, to assure that any person who purchases such a processing site

after the removal of radioactive materials from such site shall be notified

in any appropriate manner prior to such purchase, of the nature and extent

of residual radioactive materials removed from site, including notice of

the date when such action took place, and the condition of such site after

Notification. such action. If the State is the owner if such site, the State shall so notify

any prospective purchaser before entering into a contract, option or other

arrangement to sell or otherwise dispose of such site. The Secretary shall

Rules and issue appropriate rules and regulations to require notice in the local land

regulations. records of the residual radioactive materials which were located at any processing site and notice of the nature and extent of residual radioactive

materials removed from the site, including notice of the date when such

action took place.

(e)(1) The terms and conditions of any cooperative agreement with a

State under section 103 shall provide that in the case of any lands or

interests therein acquired by the State pursuant to subsection (a), the State,

with the concurrence of the Secretary and the Commission, may-

(A) sell such lands and interests,

504
(B) permanently retain such land and interests in lands (or

donate such lands and interests therein to another governmental

entity within such State) for permanent use by such State or entity

solely for park, recreational, or other public purposes, or

(C) transfer such lands and interest to the United Sates as

provided in subsection (f).

No lands may be sold under subparagraph (A) without the consent of

the Secretary and the Commission. No site may be sold under

subparagraph (A) or retained under subparagraph (B) if such site is used

for the disposition of residual radioactive materials.

(2) Before offering for sale any lands and interests therein which

comprise a processing site, the State shall offer to sell such lands and

interests at their fair market value tothe person from whom the State

acquired them.

(f)(1) Each agreement under section 103 shall provide that title to-

(A) the residual radioactive materials subject to the agreement,

and

(B) any lands and interests therein which have been acquired

by the State, under subsection (a) or (b), for the disposition of such

materials, shall be transferred by the State to the Secretary when

the Secretary (with the concurrence of the Commission)

determines that remedial action is completed in accordance with

the requirements imposed pursuant to this title. No payment shall

be made in connection with the transfer of such property from fund

appropriated for purposes of this Act other than payments for any

administrative and legal costs incurred in carrying out such

transfer.

(2) Custody of any property transferred to the United States under

this subsection shall be assumed by the Secretary or such Federal

agency as the President may designate. Notwithstanding any other

provision of law, upon completion of the remedial action program

authorized by this title, such property and minerals shall be maintained

pursuant to a license issued by the Commission in such manner as will

protect the public health, safety, and the environment. The

Commission may, pursuant to such license or by rule or order, require

the Secretary or other Federal agency having custody of such property

and minerals to undertake such monitoring, maintenance, and

emergency measures necessary to protect public health and safety and

other actions as the Commission deems necessary to comply with the

standards of section 275(a) of the Atomic Energy Act of 1954. The

Secretary or such other Federal agency is authorized to carry out

maintenance, monitoring and emergency measures under this

subsection, but shall take no other action pursuant to such license, rule

or order with respect to such property and minerals unless expressly

authorized by Congress after the date of enactment of this Act. The

United States shall not transfer title to property or interest therein

acquired under this subsection to any person or State, except as

provided in subsection (h).

(g) Each agreement under section 103 which permits any sale

described in subsection (e)(1)(A) shall provide for the prompt

reimbursement to the Secretary form the proceeds of such sale. Such

reimbursement shall be in an amount equal to the lesser of505
(1) that portion of the fair market value of the lands or interests

therein which bears the same ratio to such fair market value as the

Federal share of the costs of acquisition by the State to such lands or

interest therein bears to the total cost of such acquisition, or

(2) the total amount paid by the Secretary with respect to such

acquisition.

Fair market The fair market value of such lands or interest shall be determined by the

value. Secretary as of the date of the sale by the State. Any amounts received by

the Secretary under this title shall be deposited in the Treasury of the

United States as miscellaneous receipts.

(h) No provision of any agreement under section 103 shall prohibit the

Secretary of the Interior, with the concurrence of the Secretary of Energy

and the Commission, from disposing of any subsurface mineral rights by

sale or lease (in accordance with laws of the United States applicable to

the sale, lease, or other disposal of such rights) which are associated with

land on which residual radioactive materials are disposed and which are

transferred to the United States as required under this section if the

Secretary of the Interior takes such action as the Commission deems

necessary pursuant to a license issued by the Commission to assure that

the residual radioactive materials will not be disturbed by reason of any

activity carried on following such disposition. If any such materials are

disturbed by any such activity, the Secretary of the Interior shall insure,

prior to the disposition of the minerals, that such materials will be restored

to a safe and environmentally sound condition as determined by the

Commission, and that the costs of such restoration will be borne by the

person acquiring such rights from the Secretary of the Interior or from his

successor or assign.

Sec. 105. Indian Tribe Cooperative Agreements

42 USC 7915. (a) After notifying the Indian tribe of the designation pursuant to

section 102 of this title, the Secretary, in consultation with the Secretary

of the Interior, is authorized to enter into a cooperative agreement, subject

to section 113, with any Indian tribe to perform remedial action at a

designated processing site located on land of such Indian tribe. The

Secretary shall, to the greatest extent practicable, enter into such

agreements and carry out such remedial actions in accordance with the

priorities established by him under section 102. In performing any

remedial action under this section and in carrying out any continued

monitoring or maintenance respecting residual radioactive materials

associated with any site subject to a cooperative agreement under this

section, the Secretary shall make full use of any qualified members of

Terms and Indian tribes resident in the vicinity of any such site. Each such agreement

conditions. shall contain such terms and conditions as the Secretary deems

appropriate and consistent with the purpose of this Act. Such terms and

conditions shall require the following:

(1) The Indian tribe and any person holding any interest in such

land shall execute a waiver (A) releasing the United States of any

liability or claim thereof by such tribe or person concerning such

remedial action and (B) holding the United States harmless against any

claim arising out of the performance of any such remedial action.

(2) The remedial action shall be selected and performed in

accordance with section 108 by the Secretary or such person as he may

designate.

506
42 USC 7916.

Uranium Mill

Tailings

Remedial Action

Amendments

Act of 1988.

42 USC 7901

note.

Public lands.

State listing.

(3) The Secretary, the Commission, and the Administrator and

their authorized representatives shall have a permanent right of entry

at any time to inspect such processing site in furtherance of the

provisions of this title, to carry out such agreement, and to enforce any

rules prescribed under this Act.

Each agreement under this section shall take effect only upon

concurrence of the Commission with the terms and conditions thereof.

(b) When the Secretary with the concurrence of the Commission

determines removal of residual radioactive materials from a processing

site on land described on subsection (a) to be appropriate, he shall

provide, consistent with other applicable provisions of law, a site or sites

for the permanent disposition and stabilization in a safe and

environmentally sound manner of such residual radioactive materials.

Such materials shall be transferred to the Secretary (without payment

therefor by the Secretary) and permanently retained and maintained by the

Secretary under the conditions established in a license issued by the

commission, subject to section 104(f)(2) and (h).

See. 106. Acquisition of Lands by Secretary

Where necessary or appropriate in order to consolidate in a safe and

environmentally sound manner the location of residual radioactive

materials which are removed from processing sites under cooperative

agreements under this title or where otherwise necessary for the

permanent disposition and stabilization of such materials in such manner-

(1) the Secretary may acquire land and interest in land for such

purposes by purchase, donation, or under any other authority of law or

(2) the Secretary of the Interior may transfer permanently to the

Secretary to carry out the purposes of this Act, public lands under the

jurisdiction of the Bureau of Land Management in the vicinity of

processing sites in the following counties:

(A) Apache County in the State of Arizona;

(B) Mesa, Gunnison, Moffat, Montrose, Garfield, and San

Miguel Counties in the State of Colorado;

(C) Boise County in the State of Idaho;

(D) Billings and Bowman Counties in the State of North

Dakota;

(E) Grand and San Juan Counties in the State of Utah;

(F) Converse and Frement Counties in the State of Wyoming;

and

(G) Any other county in the vicinity of a processing site, if no

site in the county in which a processing site is located is suitable.

Any permanent transfer of lands under the jurisdiction of the Bureau

of Land Management by the Secretary of the Interior to the Secretary shall

not take place until the Secretary complies with the requirements of the

National Environmental Policy Act (42 USC 4321 et seq.) with respect to

the selection of a site for the permanent disposition and stabilization of

residual radioactive materials. Section 204 of the Federal Land Policy and

Management Act (43 USC 1714) shall not apply to this transfer of

jurisdiction. Prior to acquisition of land under paragraph (1) or (2) of this

subsection in any State, the Secretary shall consult with the Governor of

such State. No lands may be acquired under such paragraph (1) or (2) in

any State in which there is no (1) processing site designated under this

title or (2) active uranium mill operation, unless the Secretary has

507
obtained the consent of the Governor of such State. No lands controlled

by any Federal agency may be transferred to the Secretary to carry out the

purposes of this Act without the Concurrence of the chief administrative

officer of such agency.

3

Sec. 107. Financial Assistance

42 USC 7917. (a) In the case of any designated processing site for which an

agreement is executed with any State for remedial action at such site, the

Secretary shall pay 90 per centum of the actual cost of such remedial

action, including the actual costs of acquiring such site (and any interest

therein) or any disposition site (and any interest therein pursuant to

section 103 of this title, and the State shall pay the remainder of such costs

from non-Federal funds. The Secretary shall not pay the administrative

costs incurred by any State to develop, prepare, and carry out any

cooperative agreement executed with such State under this title, except the

proportionate share of the administrative costs associated with the

acquisition of lands and interests therein acquired by the State pursuant to

this title.

(b) In the case of any designated processing site located on Indian

lands, the Secretary shall pay the entire cost of such remedial action.

Sec. 108. Remedial Action

42 USC 7918. (a)(1) The Secretary or such person as he may designate shall select

and perform remedial actions at designated processing sites and disposal

sites in accordance with the general standards prescribed by the

Administrator pursuant to section 275a. of the Atomic Energy Act of

1954. The State shall participate fully in the selection and performance of

a remedial action for which it pays part of the cost. Such remedial action

shall be selected and performed with the concurrence of the Commission

and in consultation, as appropriate, with the Indian tribe and the Secretary

of the Interior.

(2) The Secretary shall use technology in performing such

remedial action as will insure compliance with the general standards

promulgated by the Administrator under section 275a. of the Atomic

Energy Act of 1954 and will assure the safe and environmentally

sound stabilization of residual radioactive materials, consistent with

existing law.4

(3) Notwithstanding paragraph (1) and (2) of this subsection, after

October 31, 1982, if the Administrator has not promulgated standards

under section 275a. of the Atomic Energy Act of 1954 in final form by

such date, remedial action taken by the Secretary under this title shall

comply with standards proposed by the Administrator under such

section 275a. until such time as the Administrator promulgates the

standards in final form.5

Evaluation. (b) Prior to undertaking any remedial action at a designated site

pursuant to this title, the Secretary shall request expressions of interest

from private parties regarding the remilling of the residual radioactive

materials at the site and, upon receipt of any expression of interest, the

3

Public Law 100-616 (102 Stat. 3192) amended section 106(2). 4

Public Law 97-415 (96 Stat. 2067) (1983 section 18 repealed second sentence of section 108(a)(2), which read:

No such remedial action may be undertaken under this section before the promulgation by the Administrator

of such standards. 5

Public Law 97-415 (96 Stat. 2067)(1983) section 18 added new paragraph (3) to section 108(a).

508
Secretary shall evaluate among other things the mineral concentration of

the residual radioactive materials at each designated processing site to

determine whether, as a part if any remedial action program, recovery of

such minerals is practicable. The Secretary, with the concurrence of the

Commission, may permit the recovery of such minerals, under such terms

and conditions as he may prescribe to carry out the purposes of this title.

No such recovery shall be permitted unless such recovery is consistent

with remedial action. Any person permitted by the Secretary to recover

such mineral shall pay to the Secretary a share of the net profits derived

from such recovery, as determined by the Secretary. Such share shall not

exceed the total amount paid by the Secretary for carrying out remedial

action at such designated site. After payment of such share to the United

States under this subsection, such person shall pay to the State in which

the residual radioactive materials are located a share of the net profits

derived from such recovery, as determined by the Secretary. The person

42 USC 2021. recovering such minerals shall bear all cost of such recovery. Any person

carrying out mineral recovery activities under this paragraph shall be

required to obtain any necessary license under the Atomic Energy Act of

1954 or under State law as permitted under section 274 of such Act.

Sec. 109. Rules

42 USC 7919. The Secretary may prescribe such rules consistent with the purposes of

this Act as he deems appropriate pursuant to title V of the Department of

Energy Organization Act.

Sec. 110. Enforcement

42 USC 7920. (a)(1) Any person who violates any provision of this title or any

cooperative agreement entered into pursuant to this title or any rule

prescribed under this Act concerning any designated processing site,

disposition site, or remedial action shall be subject to an assessment by the

Notice, hearing Secretary of a civil penalty of not more than $1,000 per day per violation.

opportunity. Such assessment shall be made by order after notice and an opportunity

for a public hearing, pursuant to section 554 of title 5, United States Code.

(2) Any person against whom a penalty is assessed under this

section may, within sixty calendar days after the date of the order of

the Secretary assessing such penalty, institute an action in the United

States court of appeals for the appropriate judicial circuit for judicial

5 USC 500 et review of such order in accordance with chapter 7 of title 5, United

seq. States Code. The court shall have jurisdiction to enter a judgment

Jurisdiction. affirming, modifying, or setting aside in whole or in part, the order of

the Secretary, or the court may remand the proceeding to the Secretary

for such further action as the court may direct.

(3) If any person fails to pay an assessment of a civil penalty after

it has become a final and unappealable order, the Secretary shall

institute an action to recover the amount of such penalty in any

appropriate district court of the United States. In such action, the

42 USC 7172. validity and appropriateness of such final assessment order or

judgment shall not be subject to review. Section 402(d) of the

Department of Energy Organization Act shall not apply with respect to

the functions of the Secretary under this section.

(4) No civil penalty may be assessed against the United States or

any State or political subdivision of a State or any official or employee

of the foregoing.

509
(5) Nothing in this section shall prevent the Secretary from

enforcing any provision of this title or any cooperative agreement or

any such rule by injunction or other equitable remedy.

42 USC 2011 (b) Subsection (a) shall not apply to any license requirement under the

note. Atomic Energy Act of 1954. Such licensing requirements shall be forced

by the Commission as provided in such Act.

Sec. 111. Public Participation

42 USC 7921. In carrying out the provisions of this title, including the designation of

processing sites, establishing priorities for such sites, the selection of

remedial actions, and the execution of cooperative agreements, the

Secretary, the Administrator, and the Commission shall encourage public

participation and, where appropriate, the Secretary shall hold public

hearings relative to such matters in the State where processing sites and

disposal sites are located.

Sec. 112. Termination: Authorization

42 USC 7922. (a)(1) The authority of the Secretary to perform remedial action under

Water. this title shall terminate on September 30, 1998, except that-

(A) the authority of the Secretary to perform groundwater

restoration activities under this subchapter is without limitation,

and

(B) the Secretary may continue operation of the disposal site in

Mesa County, Colorado (known as the Cheney disposal cell) for

receiving and disposing of residual radioactive material from

processing sites and of byproduct material from property in the

vicinity of the uranium milling site located in Monticello, Utah,

until the Cheney disposal cell has been filled to the capacity for

which is was designed, or September 30, 2023, whichever comes

first.

(2) For purposes of this subsection, the term 'byproduct

material' has the meaning given that term in section 1 le.(2) of the

Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)).

(b) The amounts authorized to be appropriated to carry out the

purposes of this subchapter by the Secretary, the Administrator, the

Commission, and the Secretary of the Interior shall not exceed such

amounts as are established in annual authorization Acts for fiscal year

1979 and each fiscal year thereafter applicable to the Department of

Energy. Any sums approp~riated for the purposes of this title shall be

available until expended.

Sec. 113. Limitation

42 USC 7923. The authority under this title to enter into contacts or other obligations requiring the United States to make outlays may be exercised only to the

extent provided in advance in annual authorization and appropriation

Acts.

Sec. 114. Reports to Congress

42 USC 7924. (a) Beginning on January 1, 1980, and each year thereafter until

January 1, 1986, the Secretary shall submit a report to the Congress with

respect to the status of the actions required to be taken by the Secretary,

the Commission, the Secretary of the Interior, the Administrator, and the

6

Public Law 100-616, section 3, (102 Stat. 3192), Nov. 5, 1988; Public Law 102-486, title X, Subtitle C, section

1031, (106 Stat. 2951), Oct. 24, 1992; Public Law 104-259, section 2 (110 Stat. 3173), Oct. 9, 1996.

510
States and Indian tribes under this Act and any amendments to other laws

made by this Act. Each report shall-

(1) include data on the actual and estimated costs of the program

authorized by this title;

(2) described the extent of participation by the States and Indian

tribe in this program;

(3) evaluate the effectiveness of remedial actions, and describe

any problems associated with the performance of such actions; and

(4) contain such other information as may be appropriate.

Such report shall be prepared in consultation with the Commission, the

Secretary of the Interior, and the Administrator and shall contain their

separate views, comments, and recommendations, if any. The

Commission shall submit to the Secretary and Congress such portion of

the report under this subsection as relates to the authorities of the

Commission under title II of this Act.

(b) Not later than July 1, 1979, the Secretary shall provide a report to

the Congress which identifies all sites located on public or acquired lands

of the United States containing residual radioactive materials and other

radioactive materials and other radioactive waste (other than waste

resulting from the production of electric energy) and specifies which

Federal agency has jurisdiction over such sites. The report shall include

the identity of property and other structures in the vicinity of such site that

are contaminated or may be contaminated by such materials and actions

planned or taken to remove such materials. The report shall describe in

what manner such sites are adequately stabilized and otherwise controlled

to prevent radon diffusion from such sites into the environment and other

environmental harm. If any site is not so stabilized or controlled, the

report shall describe the remedial actions planned for such site and the

time frame for performing such actions. In preparing the reports under

this section, the Secretary shall avoid duplication of previous or ongoing

studies and shall utilize all information available from other departments

and agencies of the United States respecting the subject matter of such

Cooperation. report. Such agencies shall cooperate with the Secretary in the preparation

of such report and furnish such information as available to them and

necessary for such reports.

(c) Not later than January 1, 1980, the Administrator, in consultation

with the Commission, shall provide a report to the Congress which

identifies the location and potential health, safety, and environmental

hazards of uranium mine wastes together with recommendations, if any,

for a program to eliminate these hazards.

(d) Copies of the reports required by this section to be submitted to the

Congress shall be separately submitted to the Committees on Interior and

Insular Affairs and on Interstate and Foreign Commerce of the House of

Representatives and the Committee on Energy and Natural Resources of

the Senate.

(e) The Commission, in cooperation with the Secretary, shall ensure

that any relevant information, other than trade secrets and other

proprietary information otherwise exempted from mandatory disclosure

under any other provision of law, obtained from the conduct of each of the

remedial actions authorized by this title and the subsequent perpetual care

of those residual radioactive materials is documented systematically, and

made publicly available conveniently for use.

511
42 USC 2011

note.

42 USC 7925.

42 USC 2021.

Study.

Sec. 115. Active Operations: Liability for Remedial Action

(a) No amount may be expended under this title with respect to any

site licensed by the Commission under the Atomic Energy Act of 1954 or

by a State as permitted under section 274 of such Act at which production

of any uranium product from ores (other than from residual radioactive

materials) takes place.

(b) In the case of each processing site designated under this title, the

Attorney General shall conduct a study to determine the identity and legal

responsibility which any person (other than the United States, a State, or

Indian tribe) who owned or operated or controlled (as determined by the

Attorney General) such site before the date of the enactment of this Act

may have under any law or rule of law for reclamation or other remedial

action with respect to such site. The Attorney General shall publish the

results of such study, and provide copies thereof to the Congress, as

promptly as practicable following the date of the enactment of this Act.

The Attorney General, based on such study, shall, to the extent he deems

it appropriate and in the public interest, take such action under any

provision of law in effect when uranium was produced at such site to

require payment by such person of all or any part of the costs incurred by

the United States for such remedial action for which he determines such

person is liable.

Title II-Uranium Mill Tailings Licensing And Regulation

Sec. 201. Definition

42 USC 2014. Section lIe. of the Atomic Energy Act of 1954, is amended to read as

follows:

Byproduct e. The term "byproduct material" means (1) any radioactive material

material. (except special nuclear material) yielded in or made radioactive by

exposure to the radiation incident to the process of producing or utilizing

special nuclear material, and (2) the tailings or wastes produced by the

extraction or concentration of uranium or thorium from any ore processed

primarily for its source material content.

Sec. 202. Custody of Disposal Site

42 USC 2111 (a) Chapter 8 Of the Atomic Energy Act of 1954, is amended by

et seq. adding the following new section at the end thereof:

42 USC 2113. Sec. 83. Ownership And Custody Of Certain By-product Material

And Disposal Sites.-

42 USC 2002. a. Any license issued or renewed after the effective date of this section

42 USC 2014. under section 62 or section 81 for any activity which results in the

42 USC 2111. production of any byproduct materials, as defined in section 11 e.(2), shall

contain such terms and conditions as the commission determines to be

necessary to assure that, prior to termination of such license-

(1) the licensee will comply with decontamination,

decommissioning, and reclamation standards prescribed by the

Commission for sites (A) at which ores were processed primarily for

their source material content and (B) at which such byproduct material

is deposited, and

42 USC 2014. (2) ownership of any byproduct material, as defined in section

11 e.(2), which resulted from such licensed activity shall be transferred

to (A) the United States or (B) in the State in which such activity

512
occurred if such State exercises the option under subsection b. (1) to

acquire land used for the disposal of byproduct material.

Any license in effect on the date of the enactment of this section shall

either contain such terms and conditions on renewal thereof after the

effective date of this section, or comply with paragraphs (1) and (2) upon

the termination of such license, whichever first occurs.

Rule, (b)(1)(A) The Commission shall require by rule, regulation, or order

regulation or that prior to the termination of any license which is issued after the

order, effective date of this section, title to the land, including any interests

therein (other than land owned by the United States or by a State) which is

used for the disposal of any byproduct material, as defined by section

11 e.(2), pursuant to such license shall be transferred to-

(A) the United States, or

(B) the State in which such land is located, at the option of

such State.

(2) Unless the Commission determines prior to such termination

that transfer of title to such land and such byproduct material is not

necessary or desirable to protect the public health, safety, or welfare or

to minimize or eliminate danger to life or property. Such

determination shall be made in accordance with section 181 of this

Act. Notwithstanding any other provision of law or any such

determination, such property and materials shall be maintained

pursuant to a license issued by the Commission pursuant to section

84(b) in such manner as will protect the public health, safety, and the

environment.

(B) If the Commission determines by order that use of the

surface or subsurface estates, or both, of the land transferred to the

United States or to a State under subparagraph (A) would not

endanger the public health, safety, welfare, or environment, the

Commission, pursuant to such regulations as it may prescribe, shall

permit the use of the surface or subsurface estates, or both, of such

land in a manner consistent with the provisions of this section. If

the Commission permits such use of such land, it shall provide the

person who transferred such land with the right of first refusal with

respect to such use of such land.

(2) If the transfer to the United States of title to such by-product

material and such land is required under this section, the Secretary of

Energy or any Federal agency designated by the President shall,

follow the Commission's determination of compliance under

subsection c., assume title and custody of such byproduct material and

land transferred as provided in this subsection. Such Secretary or

Federal agency shall maintain such material and land in such manner

as will protect the public health and safety and the environment. Such

custody may be transferred to another officer or instrumentality of the

United States only upon approval of the President.

(3) If transfer to a State of title to such byproduct material is

required in accordance with this subsection, such State shall, following

the Commission's determination of compliance under subsection d.,

assume title and custody of such byproduct material and land

transferred as provided in this subsection. Such State shall maintain

such material and land in such manner as will protect the public

health, safety, and the environment.

513
42 USC 2092.

42 USC 2014.

42 USC 2113

note.

Effective date.

(4) In the case of any such license under section 62, which was in

effect on the effective date of this section, the Commission may

require, before the termination of such, license, such transfer of land

and interests therein (as described in paragraph (1) of this subsection)

to the United States or a State in which such land is located, at the

option of such State, as may be necessary to protect the public health,

wealth, and the environment from any effects associated with such

byproduct material. In exercising the authority of this paragraph, the

Commission shall take into consideration the status of the ownership

of such land and interests therein and the ability of the licensee to

transfer title and custody thereof to the United States or a State.

(5) The Commission may, pursuant to a license, or by rule or

order, require the Secretary or other Federal agency or State having

custody of such property and materials to undertake such monitoring,

maintenance, and emergency measures as are necessary to protect the

public health and safety and such other actions as the Commission

deems necessary to comply with the standards promulgated pursuant to

section 84 of this Act. The Secretary or such other Federal agency is

authorized to carry out maintenance, monitoring, and emergency

measures, but shall take no other action pursuant to such license, rule

or order, with respect to such property and materials unless expressly

authorized by Congress after the date of enactment of this Act.

(6) The transfer of title to land or byproduct materials, as defined

in section 1 le.(2), to a State or the United States pursuant to this

subsection shall not relieve any licensee of liability for any fraudulent

or negligent acts done prior to such transfer.

(7) Material and land transferred to the United States or a State in

accordance with this subsection shall be transferred without cost to the

United States or a State (other than administrative and legal costs

incurred in carrying out such transfer). Subject to the provisions of

paragraph (1)(B) of this subsection, the United States or a State shall

not transfer title to material or property acquired under this subsection

to any person, unless such transfer is in the same manner as provided

under section 104(h) of the Uranium Mill Tailings Radiation Control

Act of 1978.

(8) The provisions of this subsection respecting transfer of title and

custody to land shall not apply in the case of lands held in trust by the

United States for any Indian tribe or lands owned by such Indian tribe

subject to a restriction against alienation imposed by the United States.

In the case of such lands which are used for the disposal of byproduct

material, as defmed in section I1 e.(2), the license shall be required to

enter into such arrangements with the Commission as may be

appropriate to assure the long-term maintenance and monitoring of

such lands by the United States.

c. Upon termination on any license to which this section applies, the

Commission shall determine whether or not the licensee has complied

with all applicable standards and requirements under such license.

(b) this section shall be effective three years after the enactment of this

Act.

(c) The table of contents for chapter 8 of the Atomic Energy Act of

1954, is amended by inserting the following new item after the item

514
relating to section 82: Sec. 83. Ownership and custody of certain

byproduct material and disposal sites.

Sec. 203. Authority to Establish Certain Requirements

42 USC 2201. Section 161 of the Atomic Energy Act of 1954, is amended, by adding

the following new subsection at the end thereof:

42 USC 2231. x. Establish by rule, regulation, or order, after public notice, and in

accordance with the requirements of section 181 of this Act, such

standards and instructions as the Commission may deem necessary or

desirable to ensure42 USC 2014. (1) that an adequate bond, surety, or other financial arrangement

(as determined by the Commission) will be provided before

termination of any license for byproduct material as defined in section

1 le.(2), by a licensee to permit the completion of all requirements

established by the Commission for the decontamination,

decommissioning, and reclamation of sites, structures, and equipment

used in conjunction with byproduct material as so defined, and

(2) that-

(A) in the case of any such license issued or renewed after the

date of the enactment of this subsection, the need for long term

maintenance and monitoring of such sites, structures and

equipment after termination of such license will be minimized and,

to the maximum extent practicable, eliminated; and

(B) in the case of each license, for such material (whether in

effect on the date of the enactment of this section or issued or

renewed thereafter), if the Commission determines that any such

long-term maintenance and monitoring is necessary, the licensee,

before termination of any license for byproduct material as defined

in section 1 le.(2), will make available such bonding, surety, or

other financial arrangements as may be necessary to assure such

long-term maintenance and monitoring.

Such standards and instructions promulgated by the Commission,

pursuant to this subsection shall take into account, as determined by the

Commission, so as to avoid unnecessary duplication and expense,

performance bonds or other financial arrangements which are required by

other Federal agencies or State agencies and/or other local governing

bodies for such decommissioning, decontamination, and reclamation and

long-term maintenance and monitoring except that nothing in this

paragraph shall be construed to require that the Commission accept such

bonds or arrangements if the Commission determines that such bonds or

arrangements are not adequate to carry out subparagraphs (1) and (2) of

this subsection.

Sec. 204. Cooperation with States

42 USC 2021. (a) Section 274b. of the Atomic Energy Act of 1954, is amended by

adding "as defined in section 1 le.(1)" after the words "byproduct

materials" in paragraph (1) by renumbering paragraphs (2) and (3) as

paragraph (3) and (4); and by inserting the following new paragraph

immediately after paragraph(I):

42 USC 2021. (2) byproduct materials as defined in section 1 le.(2);

(b) Section 274d.(2) of such Act is amended by inserting the following

before the word "compatible": "in accordance with the requirements of

subsection o. and in all other respects."

515
Agreement. (c) Section 274n. of such Act is amended by adding the following new

sentence at the end thereof: "As used in this section, the term "agreement"

includes any amendment to any agreement."

(d) Section 274j. of such Act is amended-

(1) by inserting "all or part of' after "suspend";

(2) by inserting "(1)" after "finds that"; and

Review. (3) by adding at the end before the period the following: or (2) the

State has not complied with one or more of the requirements of this

section. The Commission shall periodically review such agreements

and actions taken by the States under the agreements to ensure

compliance with the provisions of this section.

(e)(1) Section 274 of such Act is amended by adding the following

new subsection at the end thereof:

o. In the licensing and regulation of byproduct material, as defined in

section 11 e.(2) of this Act, or of any activity which results in the

production of byproduct material as so defined under an agreement entered

into pursuant to subsection b., a State shall require-

(1) compliance with the requirements of subsection b. of section 83

(respecting ownership of byproduct material and land), and

(2) compliance with standards which shall be adopted by the State

for the protection of the public health, safety, and the environment

from hazards associated with such material which are equivalent, to the

extent practicable, or more stringent than, standards adopted and

enforced by the Commission for the same purpose, including

requirements and standards promulgated by the Commission and the

Administrator of the Environmental Protection Agency pursuant to

section 83, 84, and 275, and

(3) procedures which-

(A) in the case of licenses, provide procedures under State law

which include-

(i) an opportunity, after public notice, for written comments

and a public hearing, with a transcript,

(ii) an opportunity for cross examination, and

(iii) a written determination which is based upon findings

included in such determination and upon the evidence presented

during the public comment period and which is subject to

judicial review;

(B) in the case of rulemaking, provide an opportunity for public

participation through written comments or a public hearing and

provide for judicial review of the rule;

(C) require for each license which has a significant impact on

the human environment a written analysis (which shall be available

to the public before the commencement of any such proceedings)

of the impact of such licenses, including any activities conducted

pursuant thereto, on the environment, which analysis shall include-

(i) an assessment of the radiological and nonradiological

impacts to the public health of the activities to be conducted

pursuant to such license;

(ii) an assessment of any impact on any waterway and groundwater resulting from such activities;

516
(iii) consideration of alternatives, including alternative sites

and engineering methods, to the activities to be conducted

pursuant to such license; and

(iv) consideration of the long-term impacts, including

decommissioning, decontamination, and reclamation impacts,

associated with activities to be conducted pursuant to such

license, including the management of any byproduct material,

as defined by section 1 le.(2); and

(D) prohibit any major construction activities with respect to

such material prior to complying with the provisions of

subparagraph (C).

If any State under such agreement imposes upon any licensee any

requirement for the payment of funds to such State for the reclamation or

long-term maintenance and monitoring of such material and if transfer to

the United States of such material is required in accordance with section

83b. of this Act, such agreement shall be amended by the Commission to

provide that such State shall transfer to the United States upon termination

of the license issued to such licensee the total amount collected by such

State from such licensee for such purpose. If such payments are required,

they must be sufficient to ensure compliance with the standards

established by the Commission pursuant to section 16 lx of this Act. No

42 USC 2201. State shall be required under paragraph (3) to conduct proceedings

concerning any license or regulation which would duplicate proceedings

conducted by the Commission.

42 USC 2021 (2) The provisions of the amendment made by paragraph (1) of this

note. subsection (which adds a new subsection o. to section 274 of the

Atomic Energy Act of 1954) shall apply only to the maximum extent

practicable during the three-year period beginning on the date of the

enactment of this Act.

42 USC 2021. (f) Section 274c. of such Act is amended by inserting the following

42 USC 2014. new sentence after paragraph (4) thereof: The Commission shall also

retain authority under any such agreement to make a determination that all

applicable standards and requirements have been met prior to termination

of a license for byproduct material, as defined in section 1 e.(2).

42 USC 2021 (g) Nothing in any amendment made by this section shall preclude any

State from exercising any other authority permitted under the Atomic

Energy Act of 1954 respecting any byproduct material, as defined in

section 1 le.(2) of the Atomic Energy Act of 1954.

42 USC 2014. (h)(1) During the three-year period beginning on the date of the

42 USC 2021. enactment of this Act, notwithstanding any other provision of this title, any State may exercise any authority under State law (including authority

exercised pursuant to an agreement entered into pursuant to section 274 of

the Atomic Energy Act of 1954) respecting (A) byproduct material, as

defined in section 1 le.(2) of the Atomic Energy Act of 1954, or (B) any

activity which results in the production of byproduct material as so

42 USC 2014. defined, in the same manner and to the same extent as permitted before the

date of the enactment of this Act, except that such State authority shall be

exercised in a manner which, to the extent practicable, is consistent with

the requirements of section 274o. of the Atomic Energy Act of 1954 (as

added by section 204(e) of this Act). The Commission shall have the

'Public Law 96-106 (93 Stat. 800) (1979), section 22(d) amends section 204(e) by adding new paragraph (2)

517
authority to ensure that such section 274o. is implemented by any such

State to the extent practicable during the three-year period beginning on

42 USC 2022. the date of the enactment of this Act. Nothing in this section shall be

construed to preclude the Commission or the Administrator of the

Environmental Protection Agency from taking such action under section

275 of the Atomic Energy Act of 1954 as may be necessary to implement

title I of this Act.2

(2) An agreement entered into with any State as permitted under

section 274 of the Atomic Energy Act of 1954 with respect to

byproduct material as defined in section 1 le.(2) of such Act, may be

entered into at any time after the date of the enactment of this Act but

no such agreement may take effect before the date three years after the

date of the enactment of this Act.

42 USC 2014. (3) Notwithstanding any other provision of this title, where a State

42 USC 2021. assumes or has assumed, pursuant to an agreement entered into under

section 274b. of the Atomic Energy Act of 1954, authority over any

activity which results in the production of byproduct material, as defined

in section 1 le.(2) of such Act, the Commission shall not, until the end of

three-year period beginning on the date of the enactment of this Act, have

licensing authority over such byproduct material produced in any activity

covered by such agreement, unless the agreement is terminated,

42 USC 2021. suspended, or amended to provide for such Federal licensing. Ifat the end

of such three-year period, a State has not entered into such an agreement

with respect to byproduct material, as defined in section I1 e.(2) of the

Atomic Energy Act of 1954, the Commission shall have authority over

such byproduct material. Provided, however, That, in the case of a State

which has exercised any authority under State law pursuant to an

agreement entered into under section 274 of the Atomic Energy Act of

1954, the State authority over such byproduct material may be terminated,

and the Commission authority over such material may be exercised, only

after compliance by the Commission with the same procedures as are

applicable in the case of termination of agreements under section 274j. of

the Atomic Energy Act of 1954.4

Sec. 205. Authorities of Commission Respecting Certain Byproduct

Material

42 USC 2111 (a) Chapter 8 of the Atomic Energy Act of 1954, is amended by adding

et seq. the following new section at the end thereof:

42 USC 2114. Sec. 84. Authorities Of Commission Respecting Certain

Byproduct Material.

a. The Commission shall insure that the management of any byproduct

material, as defined in section 1 e.(2), is carried out in such manner as42 USC 2114. (1) the Commission deems appropriate to protect the public health

and safety and the environment from radiological and nonradiological

2

Public Law 96-106 (93 Stat. 799) (1979), section 22(b) amended section 204(h)(1) by substituting a complete

new section 204(h)(1). Before amendment, section 204(h)(1) read as follows:

(H)(1) On or before the date three years after the date of the enactment of this Act,

notwithstanding any amendment made by this title, any State may exercise any authority

under State law respecting byproduct material as defined in section I1 e.(2) of the Atomic

Energy Act of 1954, in the same manner, and to the same extent, as permitted before the

enactment of this Act. 3Public Law 96-106 (93 Stat. 799) (1979), section 22(a) added section 204(hX93). 4

Public Law 97-415 (96 Stat. 2067) (1983), section 19 added this language.

518
hazards associated with the processing and with the possession and

transfer of such material,

(2) conforms with applicable general standards promulgated by the

Administrator of the Environmental Protection Agency under section

275, and

42 USC 6091. (3) conforms to general requirements established by the

Infra. Commission, with the concurrence of the Administrator, which are, to

the maximum extent practicable, at least comparable to requirements

applicable to the possession, transfer, and disposal of similar hazardous

material regulated by the Administrator under the Solid Waste

Disposal Act, as amended.

Rule, b. In carrying out its authority under this section, the Commission is

regulation or authorized toorder. (1) by rule, regulation, or order require persons, officers, or

42 USC 2111. instrumentalities exempted from licensing under section 81 of this Act

to conduct monitoring, perform remedial work, and to comply with

such other measures as it may deem necessary or desirable to protect

health or to minimize danger to life or property, and in connection with

the disposal or storage of such byproduct material; and

(2) make such studies and inspections and to conduct such

monitoring as may be necessary.

Civil penalty. Any violation by any person other than the United States or any officer or

employee of the United States or a State of any rule, regulation, or order or

licensing provision, of the Commission established under this section or

section 83 shall be subject to a civil penalty in the same manner and in the

42 USC 2282. same amount as violations subject to a civil penalty under section 234.

Nothing in this section affects any authority of the Commission under any

other provision of this Act.

42 USC 2111. (b) The first sentence of section 81 of the Atomic Energy Act of 1954,

42 USC 2112. is amended to read as follows: No person may transfer or receive in

interstate commerce, manufacture, produce, transfer, acquire, own,

possess, import, or export any byproduct material, except to the extent

authorized by this section, section 82 or section 84.

Supra. (c) The table of content for such chapter 8 is amended by inserting the

following new item after the item relating to section 83:

Sec. 84. Authorities of Commission respecting certain byproduct

material.

See. 206. Authority of Environmental Protection Agency Respecting

Certain Byproduct Material

42 USC 2021. (a) Chapter 19 of the Atomic Energy Act of 1954, is amended by

42 USC 2022. inserting after section 274 the following new section:

Sec. 275. Health And Environmental Standards For Uranium Mill

Tailings.-

Rule. a. As soon as practicable, but not later than one year after the date of

enactment of this section, the Administrator of the Environmental

Protection Agency (hereinafter referred to in this section as the

"Administrator") shall, by rule, promulgate standards of general

application (including standards applicable to licenses under section

104(h) of the Uranium Mill Tailings Radiation Control Act of 1978) for

the protection of the public health, safety, and the environment from

radiological and nonradiological hazards associated with residual

radioactive materials (as defined in section 101 of the Uranium Mill

519
Tailings Radiation Control Act of 1978) located at inactive uranium mill

tailings sites and depository sites for such materials selected by the

Secretary of Energy, pursuant to title I of the Uranium Mill Tailing

42 USC 6901 Radiation Control Act of 1978. Standards promulgated pursuant to this

note. subsection shall, to the maximum extent practicable, be consistent with the

requirements of the Solid Waste Disposal Act, as amended. The

Administrator may periodically revise any standard promulgated pursuant

to this subsection.

42 USC 2014. b. (1) As soon as practicable, but not later than eighteen months after

Rule. the enactment of this section, the Administrator shall, by rule, promulgate

standards of general application for the protection of the public health,

safety, and the environment from radiological and nonradiological hazards

associated with the processing and with the possession, transfer, and

disposal of byproduct material, as defined in section 11 e.(2) of this Act, at

sites at which ores are processed primarily for their source material

content or which are used for the disposal of such byproduct material.

(2) Such generally applicable standards promulgated pursuant to

this subsection for nonradiological hazards shall provide for the

protection of human health and the environment consistent with the

standards required under subtitle C of the Solid Waste Disposal Act, as

amended, which are applicable to such hazards: Provided, however,

That no permit issued by the Administrator is required under this Act

or the Solid Waste Disposal Act, as amended, for the processing,

possession, transfer, or disposal of byproduct material, as defined in

section I1 e.(2) of this Act. The Administrator may periodically revise

any standard promulgated pursuant to this subsection.Within three

42 USC 2021. years after such revision of any such standard, the Commission and any

State permitted to exercise authority under section 274b.(2) shall apply

such revised standard in the case of any license for byproduct material

as defined in section 11 e.(2) or any revision thereof.

Notice, hearing c. (1) Before the promulgation of any rule pursuant to this section, the

opportunity. Administrator shall publish, the proposed rule in the Federal Register,

Publication in together with a statement of the research, analysis, and other available

Federal information in support of such proposed rule, and provide a period of

Register. public comment of at least thirty days for written comments thereon and

an opportunity, after such comment period and after public notice, for any

Consultation. interested person to present oral data, views, and arguments at a public

hearing. There shall be a transcript of any such hearing. The Administrator

shall consult with the Commission and the Secretary of Energy before

promulgation of any such rule.

Judicial (2) Judicial review of any rule promulgated under this section may

Review. be obtained by any interested person only upon such person filing a

petition for review within sixty days after such promulgation in the

United States court of appeals for the Federal judicial circuit in which

such person resides or has his principal place of business. A copy of

the petition shall be forthwith transmitted by the clerk of court to the

Administrator. The Administrator thereupon shall file in the court the

written submissions to, and transcript of, the written or oral

proceedings on which such rule was based as provided in section 2112

5 USC 701 el of title 28, United States Code. The court shall have jurisdiction to

review the rule in accordance with chapter 7 of title 5, United States seq. Code, and to grant appropriate relief as provided in such chapter. The

520
judgment of the court affirming, modifying, or setting aside, in whole

or in part, any such rule shall be final, subject to judicial review by the

Supreme Court of the United States upon certiorari or certification as

provided in section 1254 of title 28, United States Code.

(3) Any rule promulgated under this section shall not take effect

earlier than sixty calendar days after such promulgation.

42 USC 2021. d. Implementation and enforcement of the standards promulgated

pursuant to subsection b. of this section shall be the responsibility of the

Commission in the conduct of its licensing activities under this Act. States

exercising authority pursuant to section 274b.(2) of this Act shall

implement and enforce such standards in accordance with subsection o. of

such section.

33 USC 1251 e. Nothing in this Act applicable to byproduct material, as defined in

note. section I1 e.(92) of this Act, shall affect the authority of the Administrator

42 USC 2014. under the Clean Air Act of 1970, as amended, or the Federal Water

42 USC 7401 Pollution Control Act, as amended.

note. (b) The table of contents for chapter 19 of the Atomic Energy Act is

42 USC 2018 et amended by inserting the following new item after the item relating to

seq. section 274:

Sec. 275. Health and Environmental Standards for Uranium Tailings.

See. 207. Authorization of Appropriation for Grants

There is hereby authorized to be appropriated for fiscal year 1980 to

the Nuclear Regulatory Commission not to exceed $500,000 to be used for

making grants to States which have entered into agreements with the

Commission under section 274 of the Atomic Energy Act of 1954, to aid

in the development of State regulatory programs under such section which

implement the provisions of this Act.

Sec. 208. Effective Date

42 USC 2014 Except as otherwise provided in this title the amendments made by this

note. title shall take effect on the date of the enactment of this Act.

See. 209. Consolidation of Licenses and Procedures

42 USC 2011 The Regulatory Commission shall consolidate, to the maximum extent

note. practicable, licenses and licensing procedures under amendments made by

42 USC 2113 this title with licenses and licensing procedures under other authorities

note. contained in the Atomic Energy Act of 1954.

Title III-Study And Designation Of Two Mill Tailings Sites In

New Mexico

Sec. 301. Study

42 USC 2021. The Commission, in consultation with the Attorney General and the

42 USC 7941. Attorney General of the State of New Mexico, shall conduct a study to

determine the extent and adequacy of the authority of the Commission and

the State of New Mexico to require, under the Atomic Energy Act of 1954

(as amended by title II of this Act) or under State authority as permitted

under section 274 of such Act or under other provision of law, the owners

of the following active uranium mill sites to undertake appropriate action

to regulate and control all residual radioactive materials at such sites to

protect public health, safety, and the environment: the former HomestakeNew Mexico Partners site near Milan, New Mexico, and the Anaconda

carbonate process tailing site near Bluewater, New Mexico. Such study

shall be completed and a report thereof submitted to the Congress and to

521
Report to

Congress.

42 USC 2021.

42 USC 7942.

Submittal to

congressional

committees.

the Secretary within one year after enactment of this Act, together with

such recommendations as may be appropriate. If the Commission

determines that such authority is not adequate to regulate and control such

materials at such sites in the manner provided in the first sentence of this

section, the Commission shall include in the report a statement of the basis

for such determination. Nothing in this Act shall be construed to prevent

or delay action by a State as permitted under section 274 of the Atomic

Energy Act of 1954 or under any other provision of law or by the

Commission to regulate such residual radioactive materials at such sites

prior to completion of such study.

Sec. 302. Designation by Secretary

(a) Within ninety days from the date of his receipt of the report and

recommendations submitted by the Commission under section 301,

notwithstanding the limitations contained in section 301, notwithstanding

the limitations contained in section 101 (6)(A) and in section 115(a), if the

Commission determines, based on such study, that such sites cannot be

regulated and controlled by the State or the Commission in the manner

described in section 301, the Secretary may designate either or both of the

sites referred to in section 301 as a processing site for purposes of title I.

Following such designation, the Secretary may enter into cooperative

agreements with New Mexico to perform remedial action pursuant to such

title concerning only the residual radioactive materials at such site

resulting from uranium produced for sale to a Federal agency prior to

January 1, 1971, under contract with such agency. Any such designation

shall be submitted by the Secretary, together with his estimate of the cost

of carrying out such remedial action at the designated site, to the

Committee on Interior and Insular Affairs and the Committee on Interstate

and Foreign Commerce of the House of Representatives and to the

Committee on Energy and Natural Resources of the Senate.

(b)(1) No designation under subsection (a) shall take effect before the

expiration of one hundred and twenty calendar days (not including any day

in which either House of Congress is not in session because of an

adjournment of more than three calendar days to a day certain or an

adjournment sine die) after receipt by such Committees of such

designation.

(c) Except as otherwise specifically provided in subsection (a), any

remedial action under title I with respect to any sites designated under this

title shall be subject to the provisions of title I (including the authorization

of appropriations referred to in section 112(b)).

522
B. PERTINENT PROVISIONS OF THE ENERGY

POLICY ACT OF 1992

Public Law 102-486 106 Stat. 2946

October 24, 1992

Title X - Remedial Action And Uranium Revitalization

42 USC 2296a.

Subtitle A - Remedial Action at Active Processing Sites

Sec. 1001. Remedial Action Program.

(a) IN GENERAL. Except as provided in subsection (b), the costs of

decontamination, decommissioning, reclamation, and other remedial

action at an active uranium or thorium processing site shall be borne by

persons licensed under section 62 or 81 of the Atomic Energy Act of 1954

(42 U.S.C. 2091, 2111) for any activity at such site which results or has

resulted in the production of byproduct material.

(b) REIMBURSEMENT-

(1) IN GENERAL-The Secretary of Energy shall, subject to

paragraph (2), reimburse at least annually a licensee described in

subsection (a) for such portion of the costs described in such

subsection as are-

(A) determined by the Secretary to be attributable to byproduct

material generated as an incident of sales to the United States; and

(B) either-

(i) incurred by such licensee not later than December 31,

2007; or

(ii) incurred by a licensee after December 31, 2007, in

accordance with a plan for subsequent decontamination,

decommissioning, reclamation, and other remedial action

approved by the Secretary.

(2) AMOUNT.-

(A) To Individual Active Site Uranium Licensees.-The amount

of reimbursement paid to any licensee under paragraph (1) shall be

determined by the Secretary in accordance with regulations issued

pursuant to section 2296a-l of this title and, for uranium mill

tailings only, shall not exceed an amount equal to $6.25 multiplied

by the dry short tons of byproduct material located on October 24,

1992 at the site of the activities of such licensee described in

subsection (a) of this section, and generated as an incident of sales

to the United States.2

(B) TO ALL ACTIVE SITE URANIUM LICENSEESPayments made under paragraph (1) to active site uranium

licensees shall not in the aggregate exceed $350,000,000.3

'As amended, Public Law 104-259, section 3(a), (110 Stat. 3173), Oct. 9, 1996; Public Law 105-388, section

11(a), (112 Stat. 3484), Nov. 13, 1998; Public Law 106-317, section 1 (114 Stat. 1277), October 19, 2000.

2As amended, Public Law 104-259, section 3(a), (110 Stat. 3173), Oct. 9, 1996; Public Law 105-388, section

11(a), (112 Stat. 3484), Nov. 13, 1998; Public Law 106-317, section 1 (114 Stat. 1277), October 19, 2000.

3As amended, Public Law 104-259, section 3(a), (110 Stat. 3173), Oct. 9, 1996; Public Law 105-388, section

11(a), (112 Stat. 3484), Nov. 13, 1998; Public Law 106-317, section 1 (114 Stat. 1277), October 19, 2000.

523
(C) TO THORIUM LICENSEES-Payments made under

paragraph (1) to the licensee of the active thorium site shall not

exceed $140,000,0004 and may only be made for off-site disposal.

(D) INFLATION ESCALATION INDEX-The amounts in

subparagraphs (A), (B), and (C) of this paragraph shall be increased

annually based upon an inflation index. The Secretary shall

determine the appropriate index to apply.

(E) ADDITIONAL REIMBURSEMENT-

(i) DETERMINATION OF EXCESS-The Secretary shall

determine as of July 31, 2005, whether the amount authorized

to be appropriated pursuant to section 1003, when considered

with the $6.255 per dry short ton limit on Reimbursement,

exceeds the amount reimbursable to the licensees under

subsection (b)(2).

(ii) IN THE EVENT OF EXCESS-If the Secretary

determines under clause (i) that there is an excess, the Secretary

may allow reimbursement in excess of $6.25 per dry short ton

on a prorated basis at such sites where the costs reimbursable

under subsection (b)(1) of this section exceed the $6.25 per dry

short ton limitation described in paragraph (2) of such

subsection.

6

(3) BYPRODUCT LOCATION-Notwithstanding the requirement

of paragraph (2)(A) that byproduct material be located at the site on the

date of the enactment of this Act, byproduct material moved from the

site of the Edgemont Mill to a disposal site as the result of the

decontamination, decommissioning, reclamation, and other remedial

action of such mill shall be eligible for reimbursement to the extent

eligible under paragraph (1).

Sec. 1002. Regulations

Within 180 days of the date of the enactment of this Act, the Secretary

shall issue regulations government reimbursement under section 1001. An

active uranium or thorium processing site owner shall apply for

reimbursement hereunder by submitting a request for the amount of

reimbursement together with reasonable documentation in support thereof,

to the Secretary. Any such request for reimbursement, supported by

reasonable documentation, shall be approved by the Secretary and

reimbursement therefor shall be made in a timely manner subject only to

the limitations of section 1001.

Sec. 1003. Authorization of Appropriations

(a) IN GENERAL-There is authorized to be appropriated

$490,000,000 to carry out this part. The aggregate amount authorized in

the preceding sentence shall be increased annually as provided in section

2296a of this title, based upon an inflation index to be determined by the

Secretary.

7

42 USC 2296a-1.

42 USC 2296a-2.

4

As amended, Public Law 104-259, section 3(a), (110 Stat. 3173), Oct. 9, 1996; Public Law 105-388, section

l1(a), 5 (112 Stat. 3484), Nov. 13, 1998; Public Law 106-317, section 1 (114 Stat. 1277), October 19, 2000. As amended, Public Law 104-259, section 3(a), (110 Stat. 3173), Oct. 9, 1996; Public Law 105-388, section

11(a), (112 Stat. 3484), Nov. 13, 1998; Public Law 106-317, section 1 (114 Stat. 1277), October 19, 2000. 6As amended, Public Law 104-259, section 3(a), (110 Stat. 3173), Oct. 9, 1996; Public Law 105-388, section

11(a), (112 Stat. 3484), Nov. 13, 1998; Public Law 106-317, section 1 (114 Stat. 1277), October 19, 2000.

7As Amended Public Law 104-259, section 3(b), (110 Stat. 3174), Oct. 9, 1996; Public Law 105-388, section

11 (b), (112 Stat. 3485), Nov. 13, 1998.

524
42 USC 2296a-3.

42 USC 2296b.

(b) SOURCE.-Funds described in subsection (a) shall be provided

from the Fund established under section 1801 of the Atomic Energy Act of

1954.

Sec. 1004. Definitions

For purposes of this subtitle:

(1) The term "active uranium or thorium processing site" means-

(A) any uranium or thorium processing site, including the mill

containing byproduct material for which a license (issued by the Nuclear

Regulatory Commission or its predecessor agency under the

Atomic Energy Act of 1954, or by a State as permitted under

section 274 of such Act (42 U.S.C. 2021)) for the production at

such site of any uranium or thorium derived from ore-

(i) was in effect on January 1, 1978;

(ii) was issued or renewed after January 1, 1978; or

(iii) for which an application for renewal or issuance was

pending on, or after January 1, 1978; and

(B) any other real property or improvement on such real property

that is determined by the Secretary or by a State as permitted under

section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021) to be-

(i) in the vicinity of such site; and

(ii) contaminated with residual byproduct material;

(2) The term "byproduct material" has the meaning given such term

in section 1 le.(2) of the Atomic Energy Act of 1954, (42 U.S.C.

2014(e)(2)); and

(3) The term "decontamination, decommissioning, reclamation, and

other remedial action" means work performed prior to or subsequent to

the date of the enactment of this Act which is necessary to comply with

all applicable requirements of the Uranium Mill Tailings Radiation

Control Act of 1978 (42 U.S.C. 7901 et. seq.), or where appropriate,

with requirements established by a State that is a party to a

discontinuance agreement under section 274 of the Atomic Energy Act

of 1954 (42 U.S.C. 2021).

Subtitle B-Uranium Revitalization

See. 1011. Overfeed Program.

(a) URANIUM PURCHASES-To the maximum extent permitted by

sound business practice, the Corporation shall purchase uranium in

accordance with subsection (b) and overfeed it into the enrichment process

to reduce the amount of power required to produce the enriched uranium

ordered by enrichment services customers, taking into account costs

associated with depleted tailings.

(b) USE OF DOMESTIC URANIUM-Uranium purchased by the

Corporation for purposes of this section shall be of domestic origin and

purchased from domestic uranium producers to the extent permitted under

the multilateral trade agreements (as defined in section 2(4) of the

Uruguay Round Agreements Act and the North American Free Trade

Agreement.

8

'Public Law 102-486, title X, section 1011 (106 Stat. 2948), October 24, 1992; Public Law 106-36, title 1,

section 1002(gXl), (113 Stat. 133), June 25, 1999.

525
42 USC 2296b-1.

42 USC 2296a-2.

42 USC 2296a-3.

42 USC 2296a-4.

42 USC 2296a-5.

Sec. 1012. National Strategic Uranium Reserve

There is hereby established the National Strategic Uranium Reserve

under the direction and control of the Secretary. The Reserve shall consist

of natural uranium and uranium equivalents contained in stockpiles or

inventories currently held by the United States for defense purposes.

Effective on the date of the enactment of this Act and for 6 years

thereafter, use of the Reserve shall be restricted to military purposes and

government research. Use of the Department of Energy's stockpile of

enrichment tails existing on the date of the enactment of this Act shall be

restricted to military purposes for 6 years thereafter.

Sec. 1013. Sale of Remaining Doe Inventories

The Secretary, after making the transfer required under section 1407 of

the Atomic Energy Act of 954, may sell, from time to time, portions of the

remaining inventories of raw or low-enriched uranium of the Department

that are not necessary to national security needs, to the Corporation, at a

fair market price. Sales under this section may be made only if such sales

will not have a substantial adverse impact on the domestic uranium mining

industry. Proceeds from sales under this subsection shall be deposited into

the general fund of the United States Treasury.

Sec. 1014. Responsibility for the Industry

(a) CONTINUING SECRETARIAL RESPONSIBILITY-The

Secretary shall have a continuing responsibility for the domestic uranium

industry to encourage the use of domestic uranium. The Secretary, in

fulfilling this responsibility, shall not use any supervisory authority over

the Corporation. The Secretary shall report annually to the appropriate

committees of Congress on action taken with respect to the domestic

uranium industry, including action to promote the export of domestic

uranium pursuant to subsection (b).

(b) ENCOURAGE EXPORT.-The Department, with the cooperation

of the Department of Commerce, the United States Trade Representative

and other governmental organization, shall encourage the export of

domestic uranium. Within 180 days after the date of the enactment of this

Act, the Secretary shall develop recommendations and implement

government programs to promote the export of domestic uranium.

See. 1015. Annual Uranium Purchase Reports

(a) IN GENERAL-By January 1 of each year, the owner or operator of

any civilian nuclear power reactor shall report to the Secretary, acting

through the Administrator of the Energy Information Administration, for

activities of the previous fiscal year-

(1) the country of origin and the seller of any uranium or enriched

uranium purchased or imported into the United States either directly or

indirectly by such owner or operator, and

(2) the country of origin and the seller of any enrichment services

purchased by such owner or operator.

(b) CONGRESSIONAL ACCESS-The information provided to the

Secretary pursuant to this section shall be made available to the Congress

by March 1 of each year.

Sec. 1016. Uranium Inventory Study

Within one year after the date of the enactment of this Act, the

Secretary shall submit to the Congress a study and report that includes-

(I) a comprehensive inventory of all Government owned uranium or

uranium equivalents, including natural uranium, depleted tailings, low526
42 USC 2296b-6.

42 USC 2296b-7.

enriched uranium, and highly enriched uranium available for

conversion to commercial use;

(2) a plan for the conversion of inventories of foreign and domestic

highly enriched uranium to low-enriched uranium for commercial use;

(3) an estimation of the potential need of the United States for

inventories of highly enriched uranium;

(4) an analysis and summary of technological requirements and

costs associated with converting highly enriched uranium to lowenriched uranium, including the construction of facilities if necessary;

(5) an estimation of potential net proceeds from the conversion and

sale of highly enriched uranium;

(6) recommendations for implementing a plan to convert highly

enriched uranium to low-enriched uranium; and

(7) recommendations for the future use and disposition of such

inventories.

Sec. 1017. Regulatory Treatment of Uranium Purchases.

(a) ENCOURAGEMENT-The Secretary shall encourage States and

utility regulatory authorities to take into consideration the achievement of

the objectives and purposes of this subtitle, including the national need to

avoid dependence on imports, when considering whether to allow the

owner or operator of any electric power plant to recover in its rates and

charges to customers any cost of purchase of domestic uranium, enriched

uranium, or enrichment services from a non-affiliated seller greater than

the cost of non-domestic uranium, enriched uranium or enrichment

services.

(b) REPORT.-Within 1 year after the date of the enactment of this Act,

and annually thereafter, the Secretary shall report to the Congress on the

progress of the Secretary in encouraging actions by State regulatory

authorities pursuant to subsection (a). Such report shall include detailed

information on programs initiated by the Secretary to encourage

appropriate State regulatory action and recommendations, if any, on

further action that could be taken by the Secretary, other Federal agencies,

or the Congress in order to further the purposes of this subtitle.

(c) SAVINGS PROVISION.-This section may not be construed to

authorize the Secretary to take any action in violation of the multilateral

trade agreements (as defined in section 2(4) of the Uruguay Round

Agreements Act) or the North American Trade Agreement.9S

Sec. 1018. Definitions

For purposes of this subtitle:

(1) The term "Corporation" means the United States Enrichment

Corporation established under section 1301 of the Atomic Energy Act of

1954, as added by this Act or its successor. 1° 11

(2) The term "country of origin" means-

(A) with respect to uranium, that country where the uranium

was mined;

(B) with respect to enriched uranium, that country where the

uranium was mined and enriched; or

9

As amended, Public Law 106-36, title 1, section 1002(g)(2), (113 Stat. 133), June 25, 1999.

"

0

As amended by Public Law 104-134, title III, Ch. I, Subch. A, section 3117(b), (110 Stat. 1321-350), April 16,

1996. [added "or its successor" ]. IAs amended, Public Law 104-134, title Ill, section 3117(b), (110 Sat. 1321-350), April 26, 1996.

527
(C) with respect to enrichment services, that country where the

enrichment services were performed.

(3) The term "domestic origin" refers to any uranium that has been

mined in the United States including uranium recovered from uranium

deposits in the United States by underground mining, open-pit mining,

strip mining, in situ recovery, leaching, and ion recovery, or recovered

from phosphoric acid manufactured in the United States.

(4) The term "domestic uranium producer" mans a person or entity

who produces domestic uranium and who has, to the extent required by

State and Federal agencies having jurisdiction, licenses and permits for

the operation, decontamination, decommissioning, and reclamation of

sites, structures and equipment.

(5) The term "non-affiliated" refers to a seller who does not control,

and is not controlled by or under common control with the buyer.

(6) The term "overfeed" means to use uranium in the enrichment

process in excess of the amount required at the transactional tails

assay.

(7) The term "utility regulatory authority" means any State agency

or Federal agency that has ratemaking authority with respect to the sale

of electric energy by an electric utility or independent power producer.

For purposes of this paragraph, the terms "electric utility", "State

agency", "Federal agency", and "ratemaking authority" have the

respective meanings given such terms in section 3 of the Public Utility

Regulatory Policies Act of 1978.

528
C. NATIONAL DEFENSE AUTHORIZATION FISCAL

YEAR 2001-(PROVISIONS PERTAINING TO REMEDIAL

ACTION AT MOAB SITE)

Public Law 106-398 114 Stat. 1654A-484

October 30, 2000

Title XXXIV-Naval Petroleum Reserves

Sec. 3401. Remedial Action at Moab Site-

(1)(A) The Secretary of Energy shall prepare a plan for

remediation, including ground water restoration, of the Moab site in

accordance with title I of the Uranium Mill Tailings Radiation Control

Act of 1978 (42 USC 7911 et seq.). The Secretary of Energy shall

enter into arrangements with the National Academy of Sciences to

obtain the technical advice, assistance, and recommendations of the

National Academy of Sciences in objectively evaluating the costs,

benefits, and risks associated with various remediation alternatives,

including removal or treatment of radioactive or other hazardous

materials at the site, ground water restoration, and long-term

management of residual contaminants. If the Secretary prepares a

remediation plan that is not consistent with the recommendations of

the National Academy of Sciences, the Secretary shall submit to

Congress a report explaining the reasons for deviation from the

National Academy of Sciences' recommendations.

(B) The remediation plan required by subparagraph (A) shall be

completed not later than one year after the date of the enactment of the

Floyd D. Spence National Defense Authorization Act for Fiscal Year

2001, and the Secretary of Energy shall commence remedial action at

the Moab site as soon as practicable after the completion of the plan.

(C) The license for the materials at the Moab site issued by the

Nuclear Regulatory Commission shall terminate one year after the date

of the enactment of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001, unless the Secretary of Energy

determines that the license may be terminated earlier. Until the license

is terminated, the Trustee, subject to the availability of funds

appropriated specifically for a purpose described in clauses (i) through

(iii) or made available by the Trustee from the Moab Mill Reclamation

Trust, may carry out-

(i) interim measures to reduce or eliminate localized high

ammonia concentrations in the Colorado River, identified by the

United States Geological Survey in a report dated March 27, 2000;

(ii) activities to dewater the mill tailings at the Moab site; and

529
(iii) other activities related to the Moab site, subject to the

authority of the Nuclear Regulatory Commission and in

consultation with the Secretary of Energy.

(D) As part of the remediation plan for the Moab site required by

subparagraph (A), the Secretary of Energy shall develop, in

consultation with the Trustee, the Nuclear Regulatory Commission,

and the State of Utah, an efficient and legal means for transferring all

responsibilities and title to the Moab site and all the materials therein

from the Trustee to the Department of Energy.

(2) The Secretary of Energy shall limit the amounts expended in

carrying out the remedial action under paragraph (1) to-

(A) amounts specifically appropriated for the remedial action in an

appropriation Act; and

(B) other amounts made available for the remedial action under this

subsection.

(3)(A) The royalty payments received by the Secretary of Energy

under subsection (e) shall be available to the Secretary, without further

appropriation, to carry out the remedial action under paragraph (1)

until such time as the Secretary determines that all costs incurred by

the United States to carry out the remedial action (other than costs

associated with long-term monitoring) have been paid.

(B) Upon making the determination referred to in subparagraph

(A), the Secretary of Energy shall transfer all remaining royalty

amounts to the general fund of the Treasury and release to the Tribe

the royalty interest retained by the United States under subsection (e).

(4)(A) Funds made available to the Department of Energy for national

security activities shall not be used to carry out the remedial action

under paragraph (1), except that the Secretary of Energy may use such

funds for program direction directly related to the remedial action.

(B) There are authorized to be appropriated to the Secretary of

Energy to carry out the remedial action under paragraph (1) such sums

as are necessary.

(5) If the Moab site is sold after the date on which the Secretary of

Energy completes the remedial action under paragraph (1), the seller

shall pay to the Secretary of Energy, for deposit in the general fund of

the Treasury, the portion of the sale price that the Secretary determines

resulted from the enhancement of the value of the Moab site as a result

of the remedial action. The enhanced value of the Moab site shall be

equal to the difference between-

(A) the fair market value of the Moab site on the date of the

enactment of the Floyd D. Spence National Defense Authorization Act

for Fiscal Year 2001, based on information available on that date; and

(B) the fair market value of the Moab site, as appraised on

completion of the remedial action.".

(b) URANIUM MILL TAILINGS-Section 102 of the Uranium Mill

Tailings Radiation Control Act of 1978 (42 USC 7912) is amended by

adding at the end the following new subsection:

(f) DESIGNATION OF MOAB SITE AS PROCESSING SITE-

(1) DESIGNATION-Notwithstanding any other provision of

law, the Moab uranium milling site (referred to in this subsection

as the 'Moab site') located approximately three miles northwest of

Moab, Utah, and identified in the Final Environmental Impact

530
Statement issued by the Nuclear Regulatory Commission in March

1996 in conjunction with Source Materials License No. SUA-917,

is designated as a processing site.

(2) APPLICABILITY-This title applies to the Moab site in the

same manner and to the same extent as to other processing sites

designated under subsection (a), except that-

(A) sections 103, 104(b), 107(a), 112(a), and 115(a) of this

title shall not apply; and

(B) a reference in this title to the date of the enactment of

this Act shall be treated as a reference to the date of the

enactment of this subsection.

(3) REMEDIATION-Subject to the availability of

appropriations for this purpose, the Secretary shall conduct

remediation at the Moab site in a safe and environmentally sound

manner that takes into consideration the remedial action plan

prepared pursuant to section 3405(i) of the Strom Thurmond

National Defense Authorization Act for Fiscal Year 1999 (10 USC

7420 note; Public Law 105-261), including-

(A) ground water restoration; and

(B) the removal, to a site in the State of Utah, for permanent

disposition and any necessary stabilization, of residual

radioactive material and other contaminated material from the

Moab site and the floodplain of the Colorado River.".

(c) CONFORMING AMENDMENT-Section 3406 of the Strom

Thurmond National Defense Authorization Act for Fiscal Year 1999 (10

USC 7420 note; Public Law 105-261) is amended by adding at the end the

following new subsection:

(f) Oil Shale Reserve Numbered 2.-This section does not apply to

the transfer of Oil Shale Reserve Numbered 2 under section 3405.".

531

5: Transportation of Hazardous Materials

5. Transportation of Hazardous Materials

Contents

A. HAZARDOUS MATERIALS TRANSPORTATION UNIFORM SAFETY

ACT O F 1990, AS AM ENDED ............................................................................ 535

49 USCA, Chapter 51. - Transportation Of Hazardous Material ................. 535

Sec. 5101. P urpose ......................................................................................... 535

Sec. 5102. D efinitions .................................................................................... 535

Sec. 5103. General Regulatory Authority ................................................... 537

Sec. 5103a. Limitation on Issuance of Hazmat Licenses ............................ 537

Sec. 5104. Representation and Tampering ................................................. 538

Sec. 5105. Transporting Certain Highly Radioactive Material ................. 539

Sec. 5106. H andling C riteria ........................................................................ 540

Sec. 5107. HAZMAT Employee Training Requirements and Grants ...... 540

Sec. 5108. R egistration .................................................................................. 542

Sec. 5109. Motor Carrier Safety Permits .................................................... 544

Sec. 5110. Shipping Papers and Disclosure ................................................. 545

Sec. 5111. R ail T ank C ars ............................................................................ 546

Sec. 5112. Highway Routing of Hazardous Material ................................. 546

Sec. 5113. Unsatisfactory Safety Rating ...................................................... 549

Sec. 5114. Air Transportation of Ionizing Radiation Material ................. 549

Sec. 5115. Training Curriculum for the Public Sector .............................. 549

Sec. 5116. Planning and Training Grants, Monitoring, and Review ........ 550

Sec. 5117. Exemptions and Exclusions ........................................................ 554

Sec. 5118. Inspectors ..................................................................................... 555

Sec. 5119. Uniform Forms and Procedures ................................................ 556

Sec. 5120. International Uniformity of Standards and Requirements ..... 557

Sec. 5121. A dm inistrative ............................................................................. 557

Sec. 5122. E nforcem ent ................................................................................ 558

Sec. 5123. C ivil Penalty ................................................................................. 559

Sec. 5124. C rim inal Penalty ......................................................................... 560

Sec. 5125. Preem ption ................................................................................... 560

Sec. 5126. Relationship to Other Laws ........................................................ 562

Sec. 5127. Authorization of Appropriations ............................................... 563

B. AIR TRANSPORTATION OF PLUTONIUM (P.L. 94-79) ............................ 565

S ec. 2 0 1 . .......................................................................................................... 5 6 5

C. AIR TRANSPORTATION OF PLUTONIUM (P.L. 94-187) .......................... 565

S ec. 5 0 1 . .......................................................................................................... 5 65

S ec. 50 2 . .......................................................................................................... 56 5

D. SECTION 5062 OF OMNIBUS BUDGET RECONCILIATION ACT OF

1987 REGARDING AIR TRANSPORTATION OF PLUTONIUM, (P.L.

100-202 A N D 100-203) .......................................................................................... 566

Sec. 5062. Transportation of Plutonium by Aircraft Through United

States A ir Space .......................................................................................... 566

E. SHIPMENTS OF PLUTONIUM BY SEA (P.L. 102-486) ............................... 568

533
Sec. 2904. Study and Implementation Plan on Safety of Shipments of

Plutonium B y Sea ....................................................................................... 568

F. SECTION 411 OF RAIL SAFETY IMPROVEMENT ACT OF 2008 ............ 568

Sec. 411. Railroad Carrier Employee Exposure To Radiation Study ....... 568

.534
A. HAZARDOUS MATERIALS TRANSPORTATION

UNIFORM SAFETY ACT OF 1990, AS AMENDED

Public Law 101-615 104 Stat. 3244

Nov. 16,1990

NOTE: This Act was recodified in Pub. L. 103-272 (108 Stat. 759);

July 5, 1994. Prior to recodification, this Act was found at 49 USC

sections 1801-1819. In this Volume we have set out the recodified

version.

49 USCA, Chapter 51. - Transportation Of Hazardous Material

Sec. 5101. Purpose

The purpose of this chapter is to provide adequate protection against

the risks to life and property inherent in the transportation of hazardous

material in commerce by improving the regulatory and enforcement

authority of the Secretary of Transportation.

Sec. 5102. Definitions

In this Chapter-

(1) "commerce" means trade or transportation in the jurisdiction of

the United States-

(A) between a place in a State and a place outside of the State;

or

(B) that affects trade or transportation between a place in a

State and a place outside of the State.

(2) "hazardous material" means a substance or material the

Secretary of Transportation designates under section 5103(a) of this

title.

(3) "hazmat employee"-

(A) means an individual-

(i) employed by a hazmat employer; and

(ii) who during the course of employment directly

affects hazardous material transportation safety as the

Secretary decides by regulation;

(B) includes an owner-operator of a motor vehicle transporting

hazardous material in commerce; and

(C) includes an individual, employed by a hazmat employer,

who during the course of employment-

(i) loads, unloads, or handles hazardous material;

(ii) manufactures, reconditions, or tests containers, drums,

and packagings represented as qualified for use in transporting

hazardous material;

(iii) prepares hazardous material for transportation;

(iv) is responsible for the safety of transporting hazardous

material; or

(v) operates a vehicle used to transport hazardous material.

535
(4) "hazmat employer"-

(A) means a person using at least one employee of that person

in connection with-

(i) transporting hazardous material in commerce;

(ii) causing hazardous material to be transported in

commerce; or

(iii) manufacturing, reconditioning, or testing containers,

drums, and packagings represented as qualified for use in

transporting hazardous material;

(B) includes an owner-operator of a motor vehicle transporting

hazardous material in commerce; and

(C) includes a department, agency, or instrumentality of the

United States Government, or an authority of a State, political

subdivision of a State, or Indian tribe, carrying out an activity

described in subclause (A)(i), (ii), or (iii) of this clause (4).

(5) "imminent hazard" means the existence of a condition that

presents a substantial likelihood that death, serious illness, severe

personal injury, or a substantial endangerment to health, property, or

the environment may occur before the reasonably foreseeable

completion date of a formal proceeding begun to lessen the risk of that

death, illness, injury, or endangerment.

(6) "Indian tribe" has the same meaning given that term in section

4 of the Indian Self-Determination and Education Assistance Act (25

USC 450b).

(7) "motor carrier" means a motor carrier, motor private carrier,

and freight forwarder as those terms are defined in section 13102 of

this title.

(8) "national response team" means the national response team

established under the national contingency plan established under

section 105 of the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 USC 9605).

(9) "person", in addition to its meaning under section 1 of title 1-

(A) includes a government, Indian tribe, or authority of a

government or tribe offering hazardous material for transportation

in commerce or transporting hazardous material to further a

commercial enterprise; but

(B) does not include-

(i) the United States Postal Service; and

(ii) in section 5123 and 5124 of this title, a department,

agency, or instrumentality of the Government.

(10) "public sector employee"-

(A) means an individual employed by a State, political

subdivision of a State, or Indian tribe and who during the course of

employment has responsibilities related to responding to an

accident or incident involving the transportation of hazardous

material;

(B) includes an individual employed by a State, political

subdivision of a State, or Indian tribe as a firefighter or law

enforcement officer; and

(C) includes an individual who volunteers to serve as a

firefighter for a State, political subdivision of a State, or Indian

tribe.

536
(11) "State" means-

(A) except in section 5119 of this title, a State of the United

States, the District of Columbia, Puerto Rico, the Northern

Mariana Islands, the Virgin Islands, American Samoa, Guam, and

any other territory or possession of the United States designated by

the Secretary; and

(B) in section 5119 of this title, a State of the United States and

the District of Columbia.

(12) "transports" or "transportation" means the movement of

property and loading, unloading, or storage incidental to the

movement.

(13) "United States" means all of the States.

Sec. 5103. General Regulatory Authority

(a) DESIGNATING MATERIAL AS HAZARDOUS.-The Secretary

of Transportation shall designate material (including an explosive,

radioactive material, etiologic agent, flammable or combustible liquid or

solid, poison, oxidizing or corrosive material, and compressed gas) or a

group or class of material as hazardous when the Secretary decides that

transporting the material in commerce in a particular amount and form

may pose an unreasonable risk to health and safety or property.

(b) REGULATIONS FOR SAFE TRANSPORTATION.-

(1) The Secretary shall prescribe regulations for the safe

transportation, including security,) of hazardous material in intrastate,

interstate, and foreign commerce. The regulations-

(A) apply to a person-

(i) transporting hazardous material in commerce;

(ii) causing hazardous material to be transported in

commerce; or

(iii) manufacturing, fabricating, marking, maintaining,

reconditioning, repairing, or testing a packaging or a container

that is represented, marked, certified, or sold by that person as

qualified for use in transporting hazardous material in

commerce;

(B) shall govern safety aspects, including security,' of the

transportation of hazardous material the Secretary considers

appropriate.

(C) when prescribing a security regulation or issuing a security

order that affects the safety of the transportation of hazardous

material, the Secretary of Homeland Security shall consult with the

Secretary.'

(2) A proceeding to prescribe the regulations must be conducted

under section 553 of title 5, including an opportunity for informal oral

presentation.

Sec. 5103a. Limitation on Issuance of Hazmat Licenses

(a) LIMITATION.-

(1) ISSUANCE OF LICENSES.-A State may not issue to any

individual a license to operate a motor vehicle transporting in

commerce a hazardous material unless the Secretary of Transportation

has first determined, upon receipt of a notification under subsection

'Public Law 107-296, title XVII, section 171 l(a), 116 Stat. 2319), Nov. 25 2002.

537
(c)(1)(B), that the individual does not pose a security risk warranting

denial of the license.

(2) RENEWALS INCLUDED.-For the purposes of this section,

the term "issue", with respect to a license, includes renewal of the

license.

(b) HAZARDOUS MATERIALS DESCRIBED.-The limitation in

subsection (a) shall apply with respect to-

(1) any material defined as a hazardous material by the Secretary

of Transportation; and

(2) any chemical or biological material or agent determined by the

Secretary of Health and Human Services or the Attorney General as

being a threat to the national security of the United States.

(c) BACKGROUND RECORDS CHECK.-

(1) IN GENERAL.-Upon the request of a State regarding issuance

of a license described in subsection (a)(1) to an individual, the

Attorney General-

(A) shall carry out a background records check regarding the

individual; and

(B) upon completing the background records check, shall

notify the Secretary of Transportation of the completion and results

of the background records check.

(2) SCOPE.-A background records check regarding an individual

under this subsection shall consist of the following:

(A) A check of the relevant criminal history data bases.

(B) In the case of an alien, a check of the relevant data bases to

determine the status of the alien under the immigration laws of the

United States.

(C) As appropriate, a check of the relevant international data

bases through Interpol-U.S. National Central Bureau or other

appropriate means.

(d) REPORTING REQUIREMENT.-Each Sate shall submit to the

Secretary of Transportation, at such time an in such manner as the

Secretary may prescribe, the name, address, and such other information as

the Secretary may require, concerning-

(1) each alien to whom the State issues a license described in

subsection (a); and

(2) each other individual to whom such a license is issued, as the

Secretary may require.

(e) ALIEN DEFINED.-In this section, the term "alien" has the

meaning given the term in section 101 (a)(3) of the Immigration and

Nationality Act [8 USCS section 1101(a)(3)].2

Sec. 5104. Representation and Tampering

(a) REPRESENTATION.-A person may represent, by marking or

otherwise, that-

(1) a container, package, or packaging (or a component of a

container, package, or packaging) for transporting hazardous material

is safe, certified, or complies with this chapter only if the container,

package, or packaging (or a component of a container, package, or

packaging) meets the requirements of each applicable regulation

prescribed under this chapter; or

2

Added October 26, 2001, Public Law 107-56, title X, section 1012(a)(1), 115 Stat. 396,

538
(2) hazardous material is present in a package, container, motor

vehicle, rail freight car, aircraft, or vessel only if the material is

present.

(b) TAMPERING.-A person may not alter, remove, destroy, or

otherwise pamper unlawfully with-

(1) a marking, label, placard, or description on a document

required under this chapter or a regulation prescribed under this

chapter; or

(2) a package, container, motor vehicle, rail freight car, aircraft, or

vessel used to transport hazardous material.

Sec. 5105. Transporting Certain Highly Radioactive Material

(a) DEFINITIONS.-In this section, "high-level radioactive waste" and "spent nuclear fuel" have the same meanings given those terms in section

2 of the Nuclear Waste Policy Act of 1982 (42 USC 10101).

(b) TRANSPORTATION SAFETY STUDY.-In consultation with the

Secretary of Energy, the Nuclear Regulatory Commission, potentially

affected States and Indian tribes, representatives of the rail transportation

industry, and shippers of high-level radioactive waste and spent nuclear

fuel, the Secretary of Transportation shall conduct a study comparing the

safety of using trains operated only to transport high-level radioactive

waste and spent nuclear fuel with the safety of using other methods of rail

transportation for transporting that waste and fuel. The Secretary of

Transportation shall submit to Congress not later than November 16,

1991, a report on the results of the study.

(c) SAFE RAIL TRANSPORTATION REGULATIONS.-Not later

than November 16, 1992, after considering the results of the study

conducted under subsection (b) of this section, the Secretary of

Transportation shall prescribe amendments to existing regulations that the

Secretary considers appropriate to provide for the safe rail transportation

of high-level radioactive waste and spent nuclear fuel, including trains

operated only for transporting high-level radioactive waste and spent

nuclear fuel.

(d) ROUTES AND MODES STUDY.-Not later than November 16,

1991, the Secretary of Transportation shall conduct a study to decide

which factors, if any, shippers and carriers should consider when selecting

routes and modes that would enhance overall public safety related to the

transportation of high-level radioactive waste and spent nuclear fuel. The

study shall include-

(1) notice and opportunity for public comment; and

(2) an assessment of the degree to which at least the following

affect the overall public safety of the transportation:

(A) population densities.

(B) types and conditions of modal infrastructures (including

highways, railbeds, and waterways).

(C) quantities of high-level radioactive waste and spent nuclear

fuel.

(D) emergency response capabilities.

(E) exposure and other risk factors.

(F) terrain considerations

(G) continuity of routes.

(H) available alternative routes.

(I) environmental impact factors.

539
(e) INSPECTIONS OF MOTOR VEHICLES TRANSPORTING

CERTAIN MATERIAL.-

(1) Not later than November 16, 1991, the Secretary of

Transportation shall require by regulation that before each use of a

motor vehicle to transport a highway-route-controlled quantity of

radioactive material in commerce, the vehicle shall be inspected and

certified as complying with this chapter and applicable United States

motor carrier safety laws and regulations. The Secretary may require

that the inspection be carried out by an authorized United States

Government inspector or according to appropriate State procedures.

(2) The Secretary of Transportation may allow a person,

transporting or causing to be transported a highway-route-controlled

quantity of radioactive material, to inspect the motor vehicle used to

transport the material and to certify that the vehicle complies with this

chapter. The inspector qualification requirements the Secretary

prescribes for an individual inspecting a motor vehicle apply to an

individual conducting an inspection under this paragraph.

Sec. 5106. Handling Criteria

The Secretary of Transportation may prescribe criteria for handling

hazardous material, including-

(1) a minimum number of personnel;

(2) minimum levels of training and qualifications for personnel;

(3) the kind and frequency of inspections;

(4) equipment for detecting, warning of, and controlling risks

posed by the hazardous material;

(5) specifications for the use of equipment and facilities used in

handling and transporting the hazardous material; and

(6) a system of monitoring safety procedures for transporting the

hazardous material.

Sec. 5107. HAZMAT Employee Training Requirements and Grants

(a) TRAINING REQUIREMENTS.-The Secretary of Transportation

shall prescribe by regulation requirements for training that a hazmat

employer must give hazmat employees of the employer on the safe

loading, unloading, handling, storing, and transporting of hazardous

material and emergency preparedness for responding to an accident or

incident involving the transportation of hazardous material. The

regulations-

(1) shall establish the date, as provided by subsection (b) of this

section, by which the training shall be completed; and

(2) may provide for different training for different classes or

categories of hazardous material and hazmat employees.

(b) BEGINNING AND COMPLETING TRAINING.-A hazmat

employer shall begin the training of hazmat employees of the employer

not later than 6 months after the Secretary of Transportation prescribes the

regulations under subsection (a) of this section. The training shall be

completed within a reasonable period of time after-

(1) 6 months after the regulations are prescribed; or

(2) the date on which an individual is to begin carrying out a duty

or power of a hazmat employee if the individual is employed as a

hazmat employee after the 6-month period.

(c) CERTIFICATION OF TRAINING.-After completing the training,

each hazmat employer shall certify, with documentation the Secretary of

540
Transportation may require by regulation, that the hazmat employees of

the employer have received training and have been tested on appropriate

transportation areas of responsibility, including at least one of the

following:

(1) recognizing and understanding the Department of

Transportation hazardous material classification system.

(2) the use and limitations of the Department hazardous material

placarding, labeling, and marking systems.

(3) general handling procedures, loading and unloading techniques,

and strategies to reduce the probability of release or damage during or

incidental to transporting hazardous material.

(4) health, safety, and risk factors associated with hazardous

material and the transportation of hazardous material.

(5) appropriate emergency response and communication

procedures for dealing with an accident or incident involving

hazardous material transportation.

(6) the use of the Department Emergency Response Guidebook

and recognition of its limitations or the use of equivalent documents

and recognition of the limitations of those documents.

(7) applicable hazardous material transportation regulations.

(8) personal protection techniques.

(9) preparing a shipping document for transporting hazardous

material.

(d) COORDINATION OF TRAINING REQUIREMENTS.-In

consultation with the Administrator of the Environmental Protection

Agency and the Secretary of Labor, the Secretary of Transportation shall

ensure that the training requirements prescribed under this section do not

conflict with or duplicate-

(1) the requirements of regulations the Secretary of Labor

prescribes related to hazard communication, and hazardous waste

operations, and emergency response that are contained in part 1910 of

title 29, Code of Federal Regulations; and

(2) the regulations the Agency prescribes related to worker

protection standards for hazardous waste operations that are contained

in Part 311 of title 40, Code of Federal Regulations.

(e) TRAINING GRANTS.-The Secretary shall, subject to the

availability of funds under section 5127(c)(3), make grants for training

instructors to train hazmat employees under this section. A grant under

this subsection shall be made to a nonprofit hazmat employee

organization that demonstrates-

(1) expertise in conducting a training program for hazmat

employees; and

(2) the ability to reach and involve in a training program a target

population of hazinat employees.

(f) RELATIONSHIP TO OTHER LAWS.-

(1) Chapter 35 of title 44 does not apply to an activity of the

Secretary of Transportation under subsections (a)-(d) of this section.

(2) An action of the Secretary of Transportation under subsections

(a)-(d) of this section and sections 5106, 5108(a)-(g)(l) and (h), and

5109 of this title is not an exercise, under section 4(b)(1) of the

Occupational Safety and Health Act of 1970 (29 USC 653(b)(1)), of

541
statutory authority to prescribe or enforce standards or regulations

affecting occupational safety or health.

(g) EXISTING EFFORT.-No grant under subsection (e) shall supplant

or replace existing employer-provided hazardous materials training efforts

or obligations.

Sec. 5108. Registration

(a) PERSONS REQUIRED TO FILE.-

(1) A person shall file a registration statement with the Secretary of

Transportation under this subsection if the person is transporting or

causing to be transported in commerce any of the following:

(A) a highway-route-controlled quantity of radioactive

material.

(B) more than 25 kilograms of a class A or B explosive in a

motor vehicle, rail car, or transport container.

(C) more than one liter in each package of a hazardous material

the Secretary designates as extremely toxic by inhalation.

(D) hazardous material in a bulk packaging, container, or tank,

as defined by the Secretary, if the bulk packaging, container, or

tank has a capacity of at least 3,500 gallons or more than 468 cubic

feet.

(E) a shipment of at least 5,000 pounds (except in a bulk

packaging) of a class of hazardous material for which placarding of

a vehicle, rail car, or freight container is required under regulations

prescribed under this chapter.

(2) The Secretary of Transportation may require any of the

following persons to file a registration statement with the Secretary

under this subsection:

(A) a person transporting or causing to be transported

hazardous material in commerce and not required to file a

registration statement under paragraph (1) of this subsection.

(B) a person manufacturing, fabricating, marking, maintaining,

reconditioning, repairing, or testing a package or container the

person represents, marks, certifies, or sells for use in transporting

in commerce hazardous material the Secretary designates.

(3) A person required to file a registration statement under this

subsection may transport or cause to be transported, or manufacture,

fabricate, mark, maintain, recondition, repair, or test a package or

container for use in transporting, hazardous material, only if the person

has a statement on file as required by this subsection.

(4) The Secretary may waive the filing of a registration statement,

or the payment of a fee, required under this subsection, or both, for

any person not domiciled in the United States who solely offers

hazardous materials for transportation to the United States from a

place outside the United States if the country of which such person is a

domiciliary does not require persons domiciled in the United States

who solely offer hazardous materials for transportation to the foreign

country from places in the United States to file registration statements,

or to pay fees, for making such an offer.

(b) FORM, CONTENTS, AND LIMITATION ON FILINGS.-

(1) A registration statement under subsection (a) of this section

shall be in the form and contain information the Secretary of

Transportation requires by regulation. The Secretary may use existing

542
forms of the Department of Transportation and the Environmental

Protection Agency to carry out this subsection. The statement shall

include-

(A) the name and principal place of business of the registrant;

(B) a description of each activity the registrant carries out for

which filing a statement under subsection (a) of this section is

required; and

(C) each State in which the person carries out the activity.

(2) A person carrying out more than one activity, or an activity at

more than one location, for which filing is required only has to file one

registration statement to comply with subsection (a) of this section.

(c) FILING DEADLINES AND AMENDMENTS.-

(1) Each person required to file a registration statement under

subsection (a) of this section must file the first statement not later than

March 31, 1992. The Secretary of Transportation may extend that

date to September 30, 1992, for activities referred to in subsection

(a)(1) of this section. A person shall renew the statement periodically

consistent with regulations the Secretary prescribes, but not more than

once each year and not less than once every 5 years.

(2) The Secretary of Transportation shall decide by regulation

when and under what circumstances a registration statement must be

amended and the procedures to follow in amending the statement.

(d) SIMPLIFYING THE REGISTRATION PROCESS.-The Secretary

of Transportation may take necessary action to simplify the registration

process under subsections (a)-(c) of this section and to minimize the

number of applications, documents, and other information a person is

required to file under this chapter and other laws of the United States.

(e) COOPERATION WITH ADMINISTRATOR.-The Administrator

of the Environmental Protection Agency shall assist the Secretary of

Transportation in carrying out subsections (a)-(g)(1) and (h) of this

section by providing the Secretary with information the Secretary requests

to carry out the objectives of subsections (a)-(g)(1) and (h).

(f) AVAILABILITY OF STATEMENTS.-The Secretary of

Transportation shall make a registration statement filed under subsection

(a) of this section available for inspection by any person for a fee the

Secretary establishes. However, this subsection does not require the

release of information described in section 552(b) of title 5 or otherwise

protected by law from disclosure to the public.

(g) FEES.-

(1) The Secretary of Transportation may establish, impose, and

collect from a person required to file a registration statement under

subsection (a) of this section a fee necessary to pay for the costs of the

Secretary in processing the statement.

(2)(A) In addition to a fee established under paragraph (1) of this

subsection, the Secretary of Transportation shall establish and impose

by regulation and collect an annual fee. Subject to subparagraph (B)

of this paragraph, the fee shall be at least $250 but not more than

$5,000 from each person required to file a registration statement under

this section. The Secretary shall determine the amount of the fee

under this paragraph on at least one of the following:

(i) gross revenue from transporting hazardous material.

543
(ii) the type of hazardous material transported or caused to be

transported.

(iii) the amount of hazardous material transported or caused to

be transported.

(iv) the number of shipments of hazardous material.

(v) the number of activities that the person carries out for

which filing a registration statement is required under this section.

(vi) the threat to property, individuals, and the environment

from an accident or incident involving the hazardous material

transported or caused to be transported.

(vii) the percentage of gross revenue derived from transporting

hazardous material.

(viii) the amount to be made available to carry out sections

5108(g)(2), 5115, and 5116 of this title.

(ix) other factors the Secretary considers appropriate.

(B) The Secretary of Transportation shall adjust the amount being

collected under this paragraph to reflect any unexpended balance in

the account established under section 5116(i) of this title. However,

the Secretary is not required to refund any fee collected under this

paragraph.

(C) The Secretary of Transportation shall transfer to the Secretary

of the Treasury amounts the Secretary of Transportation collects under

this paragraph for deposit in the account the Secretary of the Treasury

establishes under section 5116(i) of this title.

(h) MAINTAINING PROOF OF FILING AND PAYMENT OF

FEES.-The Secretary of Transportation may prescribe regulations

requiring a person required to file a registration statement under

subsection (a) of this section to maintain proof of the filing and payment

of fees imposed under subsection (g) of this section.

(i) RELATIONSHIP TO OTHER LAWS.-

(1) Chapter 35 of title 44 does not apply to an activity of the

Secretary of Transportation under subsections (a)-(g)(1) and (h) of this

section.

(2)(A) This section does not apply to an employee of a hazmat

employer.

(B) Subsections (a)-(h) of this section do not apply to a

department, agency, or instrumentality of the United States

Government, an authority of a State or political subdivision of a State,

or an employee of a department, agency, instrumentality, or authority

carrying out official duties.

Sec. 5109. Motor Carrier Safety Permits

a) REQUIREMENT.-A motor carrier may transport or cause to be

transported by motor vehicle in commerce hazardous material only if the

carrier holds a safety permit the Secretary of Transportation issues under

this section authorizing the transportation and keeps a copy of the permit,

or other proof of its existence, in the vehicle. The Secretary shall issue a

permit if the Secretary finds the carrier is fit, willing, and able-

(1) to provide the transportation to be authorized by the permit;

(2) to comply with this chapter and regulations the Secretary

prescribes to carry'out this chapter; and

544
(3) to comply with applicable United States motor carrier safety

laws and regulations and applicable minimum financial responsibility

laws and regulations.

(b) APPLICABLE TRANSPORTATION.-The Secretary shall

prescribe by regulation the hazardous material and amounts of hazardous

material to which this section applies. However, this section shall apply

at least to transportation by a motor carrier, in amounts the Secretary

establishes, of-

(1) a class A or B explosive;

(2) liquefied natural gas;

(3) hazardous material the Secretary designates as extremely toxic

by inhalation; and

(4) a highway-route-controlled quantity of radioactive material, as

defined by the Secretary.

(c) APPLICATIONS.-A motor carrier shall file an application with

the Secretary for a safety permit to provide transportation under this

section. The Secretary may approve any part of the application or deny the

application. The application shall be under oath and contain information

the Secretary requires by regulation.

(d) AMENDMENTS, SUSPENSIONS, AND REVOCATIONS.-

(1) After notice and an opportunity for a hearing, the Secretary

may amend, suspend, or revoke a safety permit, as provided by

procedures prescribed under subsection (e) of this section, when the

Secretary decides the motor carrier is not complying with a

requirement of this chapter, a regulation prescribed under this chapter,

or an applicable United States motor carrier safety law or regulation or

minimum financial responsibility law or regulation.

(2) If the Secretary decides an imminent hazard exists, the

Secretary may amend, suspend, or revoke a permit before scheduling a

hearing.

(e) PROCEDURES.-The Secretary shall prescribe by regulation- (1) application procedures, including form, content, and fees

necessary to recover the complete cost of carrying out this section;

(2) standards for deciding the duration, terms, and limitations of a

safety permit; (3) procedures to amend, suspend, or revoke a permit; and

(4) other procedures the Secretary considers appropriate to carry

out this section.

(f) SHIPPER RESPONSIBILITY.-A person offering hazardous

material for motor vehicle transportation in commerce may offer the

material to a motor carrier only if the carrier has a safety permit issued

under this section authorizing the transportation.

(g) CONDITIONS.-A motor carrier may provide transportation under

a safety permit issued under this section only if the carrier complies with

conditions the Secretary finds are required to protect public safety.

(h) REGULATIONS.-The Secretary shall prescribe regulations

necessary to carry out this section not later than November 16, 1991.

Sec. 5110. Shipping Papers and Disclosure

(a) PROVIDING SHIPPING PAPERS.-Each person offering for

transportation in commerce hazardous material to which the shipping

paper requirements of the Secretary of Transportation apply shall provide

545
to the carrier providing the transportation a shipping paper that makes the

disclosures the Secretary prescribes under subsection (b) of this section.

(b) CONSIDERATIONS AND REQUIREMENTS.-In carrying out

subsection (a) of this section, the Secretary shall consider and may

require-

(1) a description of the hazardous material, including the proper

shipping name;

(2) the hazard class of the hazardous material;

(3) the identification number (UN/NA) of the hazardous material;

(4) immediate first action emergency response information or a

way for appropriate reference to the information (that must be

available immediately); and

(5) a telephone number for obtaining more specific handling and

mitigation information about the hazardous material at any time during

which the material is transported.

(c) KEEPING SHIPPING PAPERS ON THE VEHICLE.-

(1) A motor carrier, and the person offering the hazardous material

for transportation if a private motor carrier, shall keep the shipping

paper on the vehicle transporting the material.

(2) Except as provided in paragraph (1) of this subsection, the

shipping paper shall be kept in a location the Secretary specifies in a

motor vehicle, train, vessel, aircraft, or facility until-

(A) the hazardous material no longer is in transportation; or

(B) the documents are made available to a representative of a

department, agency, or instrumentality of the United States

Government or a State or local authority responding to an accident

or incident involving the motor vehicle, train, vessel, aircraft, or

facility.

(d) DISCLOSURE TO EMERGENCY RESPONSE

AUTHORITIES.-When an incident involving hazardous material being

transported in commerce occurs, the person transporting the material,

immediately on request of appropriate emergency response authorities,

shall disclose to the authorities information about the material.

(e) RETENTION OF PAPERS.-After the hazardous material to which

a shipping paper provided to a carrier under subsection (a) applies is no

longer in transportation, the person who provided the shipping paper and

the carrier required to maintain it under subsection (a) shall retain the

paper or electronic image thereof for a period of 1 year to be accessible

through their respective principal places of business. Such person and

carrier shall, upon request, make the shipping paper available to a Federal,

State, or local government agency at reasonable times and locations.

Sec. 5111. Rail Tank Cars

A rail tank car built before January 1, 1971, may be used to transport

hazardous material in commerce only if the air brake equipment support

attachments of the car comply with the standards for attachments

contained in sections 179.100-16 and 179.200-19 of title 49, Code of

Federal Regulations, in effect on November 16, 1990.

See. 5112. Highway Routing of Hazardous Material

(a) APPLICATION.-

(1) This section applies to a motor vehicle only if the vehicle is

transporting hazardous material in commerce for which placarding of

the vehicle is required under regulations prescribed under this chapter.

546
However, the Secretary of Transportation by regulation may extend

application of this section or a standard prescribed under subsection

(b) of this section to-

(A) any use of a vehicle under this paragraph to transport any

hazardous material in commerce; and

(B) any motor vehicle used to transport hazardous material in

commerce.

(2) Except as provided by subsection (d) of this section and section

5125(c) of this title, each State and Indian tribe may establish,

maintain, and enforce-

(A) designations of specific highway routes over which

hazardous material may and may not be transported by motor

vehicle; and

(B) limitations and requirements related to highway routing.

(b) STANDARDS FOR STATES AND INDIAN TRIBES.-

(1) The Secretary, in consultation with the States, shall prescribe

by regulation standards for States and Indian tribes to use in carrying

out subsection (a) of this section. The standards shall include-

(A) a requirement that a highway routing designation,

limitation, or requirement of a State or Indian tribe shall enhance

public safety in the area subject to the jurisdiction of the State or

tribe and in areas of the United States not subject to the jurisdiction

of the State or tribe and directly affected by the designation,

limitation, or requirement;

(B) minimum procedural requirements to ensure public

participation when the State or Indian tribe is establishing a

highway routing designation, limitation, or requirement;

(C) a requirement that, in establishing a highway routing

designation, limitation, or requirement, a State or Indian tribe

consult with appropriate State, local, and tribal officials having

jurisdiction over areas of the United States not subject to the

jurisdiction of that State or tribe establishing the designation,

limitation, or requirement and with affected industries;

(D) a requirement that a highway routing designation,

limitation, or requirement of a State or Indian tribe shall ensure

through highway routing for the transportation of hazardous

material between adjacent areas;

(E) a requirement that a highway routing designation,

limitation, or requirement of one State or Indian tribe affecting the

transportation of hazardous material in another State or tribe may

be established, maintained, and enforced by the State or tribe

establishing the designation, limitation, or requirement only if-

(i) the designation, limitation, or requirement is agreed to

by the other State or tribe within a reasonable period or is

approved by the Secretary under subsection (d) of this section;

and

(ii) the designation, limitation, or requirement is not an

unreasonable burden on commerce;

(F) a requirement that establishing a highway routing

designation, limitation, or requirement of a State or Indian tribe be

completed in a timely way;

547
(G) a requirement that a highway routing designation,

limitation, or requirement of a State or Indian tribe provide

reasonable routes for motor vehicles transporting hazardous

material to reach terminals, facilities for food, fuel, repairs, and

rest, and places to load and unload hazardous material;

(H) a requirement that a State be responsible-

(i) for ensuring that political subdivisions of the State

comply with standards prescribed under this subsection in

establishing, maintaining, and enforcing a highway routing

designation, limitation, or requirement; and

(ii) for resolving a dispute between political subdivisions;

and

(I) a requirement that, in carrying out subsection (a) of this

section, a State or Indian tribe shall consider-

(i) population densities;

(ii) the types of highways;

(iii) the types and amounts of hazardous material;

(iv) emergency response capabilities;

(v) the results of consulting with affected persons;

(vi) exposure and other risk factors;

(vii) terrain considerations;

(viii) the continuity of routes;

(ix) alternative routes;

(x) the effects on commerce;

(xi) delays in transportation; and

(xii) other factors the Secretary considers appropriate.

(2) The Secretary may not assign a specific weight that a State or

Indian tribe shall use when considering the factors under paragraph

(1)(I) of this subsection.

(c) LIST OF ROUTE DESIGNATIONS.-In coordination with the

States, the Secretary shall update and publish periodically a list of

currently effective hazardous material highway route designations.

(d) DISPUTE RESOLUTION.-

(1) The Secretary shall prescribe regulations for resolving a dispute

related to through highway routing or to an agreement with a proposed

highway route designation, limitation, or requirement between or

among States, political subdivisions of different States, or Indian

tribes.

(2) A State or Indian tribe involved in a dispute under this

subsection may petition the Secretary to resolve the dispute. The

Secretary shall resolve the dispute not later than one year after*

receiving the petition. The resolution shall provide the greatest level

of highway safety without being an unreasonable burden on commerce

and shall ensure compliance with standards prescribed under

subsection (b) of this section.

(3)(A) After a petition is filed under this subsection, a civil action

about the subject matter of the dispute may be brought in a court only

after the earlier of-

(i) the day the Secretary issues a final decision; or

(ii) the last day of the one-year period beginning on the day

the Secretary receives the petition.

548
(B) A State or Indian tribe adversely affected by a decision of

the Secretary under this subsection may bring a civil action for

judicial review of the decision in an appropriate district court of

the United States not later than 89 days after the day the decision

becomes final.

(e) RELATIONSHIP TO OTHER LAWS.-This section and

regulations prescribed under this section do not affect section 31111 and

31113 of this title or section 127 of title 23.

(f) EXISTING RADIOACTIVE MATERIAL ROUTING

REGULATIONS.-The Secretary is not required to amend or again

prescribe regulations related to highway routing designations over which

radioactive material may and may not be transported by motor vehicles,

and limitations and requirements related to the routing, that were in effect

on November 16, 1990.

See. 5113. Unsatisfactory Safety Rating

See section 31144. [(a) to (d) Repealed. Public Law 105-178, title IV,

section 4009(b), June 9, 1998, 112 Stat. 407].

Sec. 5114. Air Transportation of Ionizing Radiation Material

(a) TRANSPORTING IN AIR COMMERCE.-Material that emits

ionizing radiation spontaneously may be transported on a passengercarrying aircraft in air commerce (as defined in section 40102(a) of this

title) only if the material is intended for a use in, or incident to, research or

medical diagnosis or treatment and does not present an unreasonably

hazard to health and safety when being prepared for, and during,

transportation.

(b) PROCEDURES.-The Secretary of Transportation shall prescribe

procedures for monitoring and enforcing regulations prescribed under this

section.

(c) NON-APPLICATION.-This section does not apply to material the

Secretary decides does not pose a significant hazard to health or safety

when transported because of its low order of radioactivity.

Sec. 5115. Training Curriculum for the Public Sector

(a) DEVELOPMENT AND UPDATING.-Not later than November

16, 1992, in coordination with the Director of the Federal Emergency

Management Agency, Chairman of the Nuclear Regulatory Commission,

Administrator of the Environmental Protection Agency, Secretaries of

Labor, Energy, and Health and Human Services, and Director of the

National Institute of Environmental Health Sciences, and using the

existing coordinating mechanisms of the national response team and, for

radioactive material, the Federal Radiological Preparedness Coordinating

Committee, the Secretary of Transportation shall develop and update

periodically a curriculum consisting of a list of courses necessary to train

public sector emergency response and preparedness teams. Only in

developing the curriculum, the Secretary of Transportation shall consult

with regional response teams established under the national contingency

plan established under section 105 of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 USC 9605),

representatives of commissions established under section 301 of the

Emergency Planning and Community Right-To-Know Act of 1986 (42

USC 11001), persons (including governmental entities) that provide

training for responding to accidents and incidents involving the

549
transportation of hazardous material, and representatives of persons that

respond to those accidents and incidents.

(b) REQUIREMENTS.-The curriculum developed under subsection

(a) of this section-

(1) shall include-

(A) a recommended course of study to train public sector

employees to respond to an accident or incident involving the

transportation of hazardous material and to plan for those

responses;

(B) recommended basic courses and minimum number of hours

of instruction necessary for public sector employees to be able to

respond safely and efficiently to an accident or incident involving

the transportation of hazardous material and to plan those

responses; and

(C) appropriate emergency response training and planning

programs for public sector employees developed under other

United States Government grant programs, including those

developed with grants made under section 126(g) of the Superfund

Amendments and Reauthorization Act of 1986 (42 USC 9660a);

and

(2) may include recommendations on material appropriate for use

in a recommended basic course described in clause (1)(B) of this

subsection.

(c) TRAINING ON COMPLYING WITH LEGAL

REQUIREMENTS.-A recommended basic course described in subsection

(b)(1)(B) of this section shall provide the training necessary for public

sector employees to comply with-

(1) regulations related to hazardous waste operations and

emergency response contained in Part 1910 of title 29, Code of

Federal Regulations, prescribed by the Secretary of Labor;

(2) regulations related to worker protection standards for hazardous

waste operations contained in Part 311 of title 40, Code of Federal

Regulations, prescribed by the Administrator; and

(3) standards related to emergency response training prescribed by

the National Fire Protection Association.

(d) DISTRIBUTION AND PUBLICATION.-With the national

response team-

(1) the Director of the Federal Emergency Management Agency

shall distribute the curriculum and any updates to the curriculum to

the regional response teams and all committees and commissions

established under section 301 of the Emergency Planning and

Community Right-To-Know Act of 1986 (42 USC 11001); and

(2) the Secretary of Transportation may publish a list of programs

that uses a course developed under this section for training public

sector employees to respond to an accident or incident involving the

transportation of hazardous material.

See. 5116. Planning and Training Grants, Monitoring, and Review

(a) PLANNING GRANTS.-

(1) The Secretary of Transportation shall make grants to States and

Indian tribes-

(A) to develop, improve, and carry out emergency plans under

the Emergency Planning and Community Right-To-Know Act of

550
1986 (42 USC 11001 et seq.), including ascertaining flow patterns

of hazardous material on lands under the jurisdiction of a State or

Indian tribe, and between lands under the jurisdiction of a State or

Indian tribe and lands of another State or Indian tribe; and

(B) to decide on the need for a regional hazardous material

emergency response team.

(2) The Secretary of Transportation may make a grant to a State or

Indian tribe under paragraph (1) of this subsection in a fiscal year only

if-

(A) the State or Indian tribe certifies that the total amount the

State or Indian tribe expends (except amounts of the United States

Government) to develop, improve, and carry out emergency plans

under the Act will at least equal the average level of expenditure

for the last two fiscal years; and

(B) the State agrees to make available at least 75 percent of the

amount of the grant under paragraph (1) of this subsection in the

fiscal year to local emergency planning committees established

under section 301(c) of the Act (42 USC 11001(c)) to develop

emergency plans under the Act.

(3) A State or Indian tribe receiving a grant under this subsection

shall ensure that planning under the grant is coordinated with

emergency planning conducted by adjacent States and Indian tribes.

(b) TRAINING GRANTS.-

(1) The Secretary of Transportation shall make grants to States and

Indian tribes to train public sector employees to respond to accidents

and incidents involving hazardous material.

(2) The Secretary of Transportation may make a grant under

paragraph (1) of this subsection in a fiscal year-

(A) to a State or Indian tribe only if the State or tribe certifies

that the total amount the State or tribe expends (except amounts of

the Government) to train public sector employees to respond to an

accident or incident involving hazardous material will at least

equal the average level of expenditure for the last two fiscal years;

(B) to a State or Indian tribe only if the State or tribe makes an

agreement with the Secretary that the State or tribe will use in that

fiscal year, for training public sector employees to respond to an

accident or incident involving hazardous material-

(i) a course developed or identified under section 5115 of

this title; or

(ii) another course the Secretary decides is consistent with

the objectives of this section; and

(C) to a State only if the State agrees to make available at least

75 percent of the amount of the grant under paragraph (1) of this

subsection in the fiscal year for training public sector employees a

political subdivision of the State employs or uses.

(3) A grant under this subsection may be used-

(A) to pay-

(i) the tuition costs of public sector employees being

trained;

(ii) travel expenses of those employees to and from the

training facility;

551
(iii) room and board of those employees when at the

training facility; and

(iv) travel expenses of individuals providing the training;

(B) by the State, political subdivision, or Indian tribe to provide

the training; and

(C) to make an agreement the Secretary of Transportation

approves authorizing a person (including an authority of a State or

political subdivision of a State or Indian tribe) to provide the

training-

(i) if the agreement allows the Secretary and the State or

tribe to conduct random examinations, inspections, and audits

of the training without prior notice; and

(ii) if the State or tribe conducts at least one on-site

observation of the training each year.

(4) The Secretary of Transportation shall allocate amounts made

available for grants under this subsection for a fiscal year among

eligible States and Indian tribes based on the needs of the States and

tribes for emergency response training. In making a decision about

those needs, the Secretary shall consider-

(A) the number of hazardous material facilities in the State or

on land under the jurisdiction of the tribe;

(B) the types and amounts of hazardous material transported in

the State or on that land;

(C) whether the State or tribe imposes and collects a fee on

transporting hazardous material;

(D) whether the fee is used only to carry out a purpose related

to transporting hazardous material; and

(E) other factors the Secretary decides are appropriate to carry

out this subsection.

(c) COMPLIANCE WITH CERTAIN LAW.-The Secretary of

Transportation may make a grant to a State under this section in a fiscal

year only if the State certifies that the State complies with sections 301

and 303 of the Emergency Planning and Community Right-To-Know Act

of 1986 (42 USC 11001, 11003).

(d) APPLICATIONS.-A State or Indian tribe interested in receiving a

grant under this section shall submit an application to the Secretary of

Transportation. The application must be submitted at the time, and

contain information, the Secretary requires by regulation to carry out the

objectives of this section.

(e) GOVERNMENT'S SHARE OF COSTS.-A grant under this

section is for 80 percent of the cost the State or Indian tribe incurs in the

fiscal year to carry out the activity for which the grant is made. Amounts

of the State or tribe under subsections (a)(2)(A) and (b)(2)(A) of this

section are not part of the non- Government share under this subsection.

(f) MONITORING AND TECHNICAL ASSISTANCE.-In

coordination with the Secretaries of Transportation and Energy,

Administrator of the Environmental Protection Agency, and Director of

the National Institute of Environmental Health Sciences, the Director of

the Federal Emergency Management Agency shall monitor public sector

emergency response planning and training for an accident or incident

involving hazardous material. Considering the results of the monitoring,

the Secretaries, Administrator, and Directors each shall provide technical

552
assistance to a State, political subdivision of a State, or Indian tribe for

carrying out emergency response training and planning for an accident or

incident involving hazardous material and shall coordinate the assistance

using the existing coordinating mechanisms of the national response team

and, for radioactive material, the Federal Radiological Preparedness

Coordinating Committee.

(g) DELEGATION OF AUTHORITY.-To minimize administrative

costs and to coordinate Government grant programs for emergency

response training and planning, the Secretary of Transportation may

delegate to the Directors of the Federal Emergency Management Agency

and National Institute of Environmental Health Sciences, Chairman of the

Nuclear Regulatory Commission, Administrator of the Environmental

Protection Agency, and Secretaries of Labor and Energy any of the

following:

(1) authority to receive applications for grants under this section.

(2) authority to review applications for technical compliance with

this section.

(3) authority to review applications to recommend approval or

disapproval.

(4) any other ministerial duty associated with grants under this

section.

(h) MINIMIZING DUPLICATION OF EFFORT AND EXPENSES.-

The Secretaries of Transportation, Labor, and Energy, Directors of the

Federal Emergency Management Agency and National Institute of

Environmental Health Sciences, Chairman of the Nuclear Regulatory

Commission, and Administrator of the Environmental Protection Agency

shall review periodically, with the head of each department, agency, or

instrumentality of the Government, all emergency response and

preparedness training programs of that department, agency, or

instrumentality to minimize duplication of effort and expense of the

department, agency, or instrumentality in carrying out the programs and

shall take necessary action to minimize duplication.

(i) ANNUAL REGISTRATION FEE ACCOUNT AND ITS USES.-

The Secretary of the Treasury shall establish an account in the Treasury

into which the Secretary of the Treasury shall deposit amounts the

Secretary of Transportation collects under section 5108(g)(2)(A) of this

title and transfers to the Secretary of the Treasury under section

5108(g)(2)(C) of this title. Without further appropriation, amounts in the

account are available-

(1) to make grants under this section;

(2) to monitor and provide technical assistance under subsection (f)

of this section; and

(3) to pay administrative costs of carrying out this section and

sections 5108(g)(2) and 5115 of this title, except that not more than 10

percent of the amounts made available from the account in a fiscal

year may be used to pay those costs.

(j) SUPPLEMENTAL TRAINING GRANTS.-

(1) In order to further the purposes of subsection (b), the Secretary

shall, subject to the availability of funds, make grants to national

nonprofit employee organizations engaged solely in fighting fires for

the purpose of training instructors to conduct hazardous materials

response training programs for individuals with statutory

553
responsibility to respond to hazardous materials accidents and

incidents.

(2) For the purposes of this subsection the Secretary, after

consultation with interested organizations, shall-

(A) identify regions or locations in which fire departments or

other organizations which provide emergency response to

hazardous materials transportation accidents and incidents are in

need of hazardous materials training; and

(B) prioritize such needs and develop a means for identifying

additional specific training needs.

(3) Funds granted to an organization under this subsection shall

only be used-

(A) to train instructors to conduct hazardous materials response

training programs;

(B) to purchase training equipment used exclusively to train

instructors to conduct such training programs; and

(C) to disseminate such information and materials as are

necessary for the conduct of such training programs.

(4) The Secretary may only make a grant to an organization under

this subsection in a fiscal year if the organization enters into an

agreement with the Secretary to train instructors to conduct hazardous

materials response training programs in such fiscal year that will use--

(A) a course or courses developed or identified under section

5115 of this title; or

(B) other courses which the Secretary determines are consistent

with the objectives of this subsection;

for training individuals with statutory responsibility to respond to

accidents and incidents involving hazardous materials. Such

agreement also shall provide that training courses shall be open to all

such individuals on a nondiscriminatory basis.

(5) The Secretary may impose such additional terms and

conditions on grants to be made under this subsection as the Secretary

determines are necessary to protect the interests of the United States

and to carry out the objectives of this subsection.

(k) REPORTS.-Not later than September 30, 1997, the Secretary shall

submit to Congress a report on the allocation and uses of training grants

authorized under subsection (b) for fiscal year 1993 through fiscal year

1996 and grants authorized under subsection (j) and section 5107 for

fiscal years 1995 and 1996. Such report shall identify the ultimate

recipients of training grants and include a detailed accounting of all grant

expenditures by grant recipients, the number of persons trained under the

grant programs, and an evaluation of the efficacy of training programs

carried out.

Sec. 5117. Exemptions and Exclusions

(a) AUTHORITY TO EXEMPT.-

(1) As provided under procedures prescribed by regulation, the

Secretary of Transportation may issue an exemption from this chapter

or a regulation prescribed under section 5103(b), 5104, 5110, or 5112

of this title to a person transporting, or causing to be transported,

hazardous material in a way that achieves a safety level-

(A) at least equal to the safety level required under this chapter;

or

554
(B) consistent with the public interest and this chapter, if a

required safety level does not exist.

(2) An exemption under this subsection is effective for not more

than 2 years and may be renewed on application to the Secretary.

(b) APPLICATIONS.-When applying for an exemption or renewal of

an exemption under this section, the person must provide a safety analysis

prescribed by the Secretary that justifies the exemption. The Secretary

shall publish in the Federal Register notice that an application for an

exemption has been filed and shall give the public an opportunity to

inspect the safety analysis and comment on the application. This

subsection does not require the release of information protected by law

from public disclosure.

(c) APPLICATIONS TO BE DEALT WITH PROMPTLY.-The

Secretary shall issue or renew the exemption for which an application was

filed or deny such issuance or renewal within 180 days after the first day

of the month following the date of the filing of such application, or the

Secretary shall publish a statement in the Federal Register of the reason

why the Secretary's decision on the exemption is delayed, along with an

estimate of the additional time necessary before the decision is made.

(d) EXCLUSIONS.-

(1) The Secretary shall exclude, in any part, from this chapter and

regulations prescribed under this Chapter- (A) a public vessel (as defined in section 2101 of title 46);

(B) a vessel exempted under section 3702 of title 46 from

chapter 37 of title 46; and

(C) a vessel to the extent it is regulated under the Ports and

Waterways Safety Act of 1972 (33 USC 1221 et seq.).

(2) This chapter and regulations prescribed under this chapter do

not prohibit-

(A) or regulate transportation of a firearm (as defined in section

232 of title 18), or ammunition for a firearm, by an individual for

personal use; or

(B) transportation of a firearm or ammunition in commerce.

(e) LIMITATION ON AUTHORITY.-Unless the Secretary decides

that an emergency exists, an exemption or renewal granted under this

section is the only way a person subject to this chapter may be exempt

from this chapter.

Sec. 5118. Inspectors

(a) GENERAL REQUIREMENT.-The Secretary of Transportation

shall maintain the employment of 30 hazardous material safety inspectors

more than the total number of safety inspectors authorized for the fiscal

year that ended September 30, 1990, for the Federal Railroad

Administration, the Federal Highway Administration, and the Research

and Special Programs Administration.

(b) ALLOCATION TO PROMOTE SAFETY IN TRANSPORTING

RADIOACTIVE MATERIAL.-

(1) The Secretary shall ensure that 10 of the 30 additional

inspectors focus on promoting safety in transporting radioactive

material, as defined by the Secretary, including inspecting-

(A) at the place of origin, shipments of high-level radioactive

waste or nuclear spent material (as those terms are defined in

section 5105(a) of this title); and

555
(B) to the maximum extent practicable shipments of radioactive

material that are not high-level radioactive waste or nuclear spent

material.

(2) In carrying out their duties, those 10 additional inspectors shall

cooperate to the greatest extent possible with safety inspectors of the

Nuclear Regulatory Commission and appropriate State and local

government officials.

(3) Those 10 additional inspectors shall be allocated as follows:

(A) one to the Pipeline and Hazardous Materials Safety

Administration.

3

(B) 3 to the Federal Railroad Administration.

(C) 3 to the Federal Highway Administration.

(D) the other 3 among the administrations referred to in clauses

(A)-(C) of this paragraph as the Secretary decides.

(c) ALLOCATION OF OTHER INSPECTORS.-The Secretary shall

allocate, as the Secretary decides, the 20 additional inspectors authorized

under this section and not allocated under subsection (b) of this section

among the administrations referred to in subsection (b)(3)(A)-(C) of this

section.

Sec. 5119. Uniform Forms and Procedures

(a) WORKING GROUP.-The Secretary of Transportation shall

establish a working group of State and local government officials,

including representatives of the National Governors' Association, the

National Association of Counties, the National League of Cities, the

United States Conference of Mayors, and the National Conference of

State Legislatures. The purposes of the working group are-

(1) to establish uniform forms and procedures for a State-

(A) to register persons that transport or cause to be transported

hazardous material by motor vehicle in the State; and

(B) to allow the transportation of hazardous material in the

State; and

(2) to decide whether to limit the filing of any State registration

and permit forms and collection of filing fees to the State in which the

person resides or has its principal place of business.

(b) CONSULTATION AND REPORTING.-The working group-

(1) shall consult with persons subject to registration and permit

requirements described in subsection (a) of this section; and

(2) not later than November 16, 1993, shall submit to the

Secretary, the Committee on Commerce, Science, and Transportation

of the Senate, and the Committee on Transportation and Infrastructure

of the House of Representatives a final report that contains-

(A) a detailed statement of its findings and conclusions; and

(B) its joint recommendations on the matters referred to in

subsection (a) of this section.

(c) REGULATIONS ON RECOMMENDATIONS.-

(1) The Secretary shall prescribe regulations to carry out the

recommendations contained in the report submitted under subsection

(b) of this section with which the Secretary agrees. The regulations

shall be prescribed by the later of the last day of the 3-year period

beginning on the date the working group submitted its report or the

'Public Law 108-426, section 2(c)(2), 118 Stat. 2424); Nov. 30, 2004.

556
last day of the 90-day period beginning on the date on which at least

26 States adopt all of the recommendations of the report. A regulation

prescribed under this subsection may not define or limit the amount of

a fee a State may impose or collect.

(2) A regulation prescribed under this subsection takes effect one

year after it is prescribed. The Secretary may extend the one-year

period for an additional year for good cause. After a regulation is

effective, a State may establish, maintain, or enforce a requirement

related to the same subject matter only if the requirement is the same

as the regulation.

(3) In consultation with the working group, the Secretary shall

develop a procedure to eliminate differences in how States carry out a

regulation prescribed under this subsection.

(d) RELATIONSHIP TO OTHER LAWS.-The Federal Advisory

Committee Act (5 App. USC) does not apply to the working group.

Sec. 5120. International Uniformity of Standards and Requirements

(a) PARTICIPATION IN INTERNATIONAL FORUMS.-Subject to

guidance and direction from the Secretary of State, the Secretary of

Transportation shall participate in international forums that establish or

recommend mandatory standards and requirements for transporting

hazardous material in international commerce.

(b) CONSULTATION.-The Secretary of Transportation may consult

with interested authorities to ensure that, to the extent practicable,

regulations the Secretary prescribes under sections 5103(b), 5104, 5110,

and 5112 of this title are consistent with standards related to transporting

hazardous material that international authorities adopt.

(c) DIFFERENCES WITH INTERNATIONAL STANDARDS AND

REQUIREMENTS.-This section-

(1) does not require the Secretary of Transportation to prescribe a

standard identical to a standard adopted by an international authority if

the Secretary decides the standard is unnecessary or unsafe; and

(2) does not prohibit the Secretary from prescribing a safety

requirement more stringent than a requirement included in a standard

adopted by an international authority if the Secretary decides the

requirement is necessary in the public interest.

Sec. 5121. Administrative

(a) GENERAL AUTHORITY.-To carry out this chapter, the Secretary

of Transportation may investigate, make reports, issue subpoenas, conduct

hearings, require the production of records and property, take depositions,

and conduct research, development, demonstration, and training activities.

After notice and an opportunity for a hearing, the Secretary may issue an

order requiring compliance with this chapter or a regulation prescribed

under this chapter.

(b) RECORDS, REPORTS, AND INFORMATION.-A person subject

to this chapter shall-

(1) maintain records, make reports, and provide information the

Secretary by regulation or order requires; and

(2) make the records, reports, and information available when the

Secretary requests.

557
(c) INSPECTION.-

(1) The Secretary may authorize an officer, employee, or agent to

inspect, at a reasonable time and in a reasonable way, records and

property related to-

(A) manufacturing, fabricating, marking, maintaining,

reconditioning, repairing, testing, or distributing a packaging or a

container for use by a person in transporting hazardous material in

commerce; or

(B) the transportation of hazardous material in commerce.

(2) An officer, employee, or agent under this subsection shall

display proper credentials when requested.

(d) FACILITY, STAFF, AND REPORTING SYSTEM ON RISKS,

EMERGENCIES, AND ACTIONS.-

(1) The Secretary shall-

(A) maintain a facility and technical staff sufficient to provide,

within the United States Government, the capability of evaluating a

risk related to the transportation of hazardous material and material

alleged to be hazardous;

(B) maintain a central reporting system and information center

capable of providing information and advice to law enforcement

and firefighting personnel, other interested individuals, and

officers and employees of the government and State and local

government on meeting an emergency related to the transportation

of hazardous material; and

(C) conduct a continuous review on all aspects of transporting

hazardous material to decide on and take appropriate actions to

ensure safe transportation of hazardous material.

(2) Paragraph (1) of this subsection does not prevent the Secretary

from making a contract with a private entity for use of a supplemental

reporting system and information center operated and maintained by

the contractor.

(e) REPORT.-The Secretary shall, once every 2 years, prepare and

submit to the President for transmittal to the Congress a comprehensive

report on the transportation of hazardous materials during the preceding 2

calendar years. The report shall include-

(1) a statistical compilation of accidents and casualties related tot

he transportation of hazardous material;

(2) a list and summary of applicable Government regulations,

criteria, orders, and exemptions;

(3) a summary of the basis for each exemption;

(4) an evaluation of the effectiveness of enforcement activities and

the degree of voluntary compliance with regulations;

(5) a summary of outstanding problems in carrying out this chapter

in order of priority; and

(6) recommendations for appropriate legislation.

See. 5122. Enforcement

(a) GENERAL.-At the request of the Secretary of Transportation, the

Attorney General may bring a civil action in an appropriate district court

of the United States to enforce this chapter or a regulation prescribed or

order issued under this chapter. The court may award appropriate relief,

including punitive damages.

558
(b) IMMINENT HAZARDS.-

(1) If the Secretary has reason to believe that an imminent hazard

exists, the Secretary may bring a civil action in an appropriate district

court of the United States- (A) to suspend or restrict the transportation of the hazardous

material responsible for the hazard; or

(B) to eliminate or ameliorate the hazard.

(2) On request of the Secretary, the Attorney General shall bring an

action under paragraph (1) of this subsection.

(c) WITHHOLDING OF CLEARANCE.-

(1) If any owner, operator or individual in charge of a vessel is

liable for a civil penalty under section 5123 of this title or for a fine

under section 5124 of this title, or if reasonable cause exists to believe

that such owner, operator, or individual in charge may be subject to

such a civil penalty or fine, the Secretary of the Treasury, upon the

request of the Secretary, shall with respect to such vessel refuse or

revoke any clearance required by section 4197 of the Revised Statutes

of the United States (46 App. USC 91).

(2) Clearance refused or revoked under this subsection may be

granted upon the filing of a bond or other surety satisfactory to the

Secretary.

Sec. 5123. Civil Penalty

(a) PENALTY.-

(1) A person that knowingly violates this chapter or a regulation

prescribed or order issued under this chapter is liable to the United

States Government for a civil penalty of at least $250 but not more

that $25,000 for each violation. A person acts knowingly when-

(A) the person has actual knowledge of the facts giving rise to

the violation; or

(B) a reasonable person acting in the circumstances and

exercising reasonable care would have that knowledge.

(2) A separate violation occurs for each day the violation,

committed by a person that transports or causes to be transported

hazardous material, continues.

(b) HEARING REQUIREMENT.-The Secretary of Transportation

may find that a person has violated this chapter or a regulation prescribed

under this chapter only after notice and an opportunity for a hearing. The

Secretary shall impose a penalty under this section by giving the person

written notice of the amount of the penalty.

(c) PENALTY CONSIDERATIONS.-In determining the amount of a

civil penalty under this section, the Secretary shall consider-

(1) the nature, circumstances, extent, and gravity of the violation;

(2) with respect to the violator, the degree of culpability, any

history of prior violations, the ability to pay, and any effect on the

ability to continue to do business; and

(3) other matters that justice requires.

(d) CIVIL ACTIONS TO COLLECT.-The Attorney General may

bring a civil action in an appropriate district court.of the United States to

collect a civil penalty under this section.

(e) COMPROMISE.-The Secretary may compromise the amount of a

civil penalty imposed under this section before referral to the Attorney

General.

559
(f) SETOFF.-The Government may deduct the amount of a civil

penalty imposed or compromised under this section from amounts it owes

the person liable for the penalty.

(g) DEPOSITING AMOUNTS COLLECTED.-Amounts collected

under this section shall be deposited in the Treasury as miscellaneous

receipts.

Sec. 5124. Criminal Penalty

A person knowingly violating section 5104(b) of this title or willfully

violating this chapter or a regulation prescribed or order issued under this

chapter shall be fined under title 18, imprisoned for not more than 5 years,

or both.

Sec. 5125. Preemption

(a) GENERAL.-Except as provided in subsections (b), (c), and (e) of

this section and unless authorized by another law of the United States, a

requirement of a State, political subdivision of a State, or Indian tribe is

preempted if-

(1) complying with a requirement of the State, political

subdivision, or tribe and a requirement of this chapter, a regulation

prescribed under this chapter, or a hazardous materials transportation

security regulation or directive issued by the Secretary of Homeland

Security4, is not possible; or

(2) the requirement of the State, political subdivision, or tribe, as

applied or enforced, is an obstacle to accomplishing and carrying out

this chapter, a regulation prescribed under this chapter, or a hazardous

materials transportation security regulation or directive issued by the

Secretary of Homeland Security4 ; and

(b) SUBSTANTIVE DIFFERENCES.-

(1) Except as provided in subsection (c) of this section and unless

authorized by another law of the United States, a law, regulation,

order, or other requirement of a State, political subdivision of a State,

or Indian tribe about any of the following subjects, that is not

substantively the same as a provision of this chapter, a regulation

prescribed under this chapter, or a hazardous materials transportation

security regulation or directive issued by the Secretary of Homeland

Security4, is preempted:

(A) the designation, description, and classification of hazardous

material.

(B) the packing, repacking, handling, labeling, marking, and

placarding of hazardous material.

(C) the preparation, execution, and use of shipping documents

related to hazardous material and requirements related to then

umber, contents, and placement of those documents.

(D) the written notification, recording, and reporting of the

unintentional release in transportation of hazardous material.

(E) the design, manufacturing, fabricating, marking,

maintenance, reconditioning, repairing, or testing of a packaging or

a container represented, marked, certified, or sold as qualified for

use in transporting hazardous material.

(2) If the Secretary of Transportation prescribes or has prescribed

under section 5103(b), 5104, 5110, or 5112 of this title or prior

4

Public Law 107-296, title XVII, section 1711 (b), 116 Stat. 2320; Nov. 25, 2003.

560
comparable provision of law a regulation or standard related to a

subject referred to in paragraph (1) of this subsection, a State, political

subdivision of a State, or Indian tribe may prescribe, issue, maintain,

and enforce only a law, regulation, standard, or order about the subject

that is substantively the same as a provision of this chapter or a

regulation prescribed or order issued under this chapter. The Secretary

shall decide on an publish in the Federal Register the effective date of

section 5103(b) of this title for any regulation or standard about any of

those subjects that the Secretary prescribes after November 16, 1990.

However, the effective date may not be earlier than 90 days after the

Secretary prescribes the regulation or standard nor later than the last

day of the 2-year period beginning on the date the Secretary prescribes

the regulation or standard.

(3) If a State, political subdivision of a State, or Indian tribe

imposes a fine or penalty the Secretary decides is appropriate for a

violation related to a subject referred to in paragraph (1) of this

subsection, an additional fine or penalty may not be imposed by any

other authority.

(c) COMPLIANCE WITH section 5112(b) REGULATIONS.-

(1) Except as provided in paragraph (2) of this subsection, after the

last day of the two-year period beginning on the date a regulation is

prescribed under section 5112(b) of this title, a State or Indian tribe

may establish, maintain, or enforce a highway routing designation

over which hazardous material may or may not be transported by

motor vehicles, or a limitation or requirement related to highway

routing, only if the designation, limitation, or requirement complies

with section 5112(b).

(2)(A) A highway routing designation, limitation, or requirement

established before the date a regulation is prescribed under section

5112(b) of this title does not have to comply with section

5112(b)(1)(B), (C), and (F).

(B) This subsection and section 5112 of this title do not require

a State or Indian tribe to comply with section 5112(b)(1)(I) if the

highway routing designation, limitation, or requirement was

established before November 16, 1990.

(C) The Secretary may allow a highway routing designation,

limitation, or requirement to continue in effect until a dispute related

tot he designation, limitation, or requirement is resolved under section

5112(d) of this title.

(d) DECISIONS ON PREEMPTION.-

(1) A person (including a State, political subdivision of a State, or

Indian tribe) directly affected by a requirement of a State, political

subdivision, or tribe may apply to the Secretary, as provided by

regulations prescribed by the Secretary, for a decision on whether the

requirement is preempted by subsection (a), (b)(1), or (c) of this

section. The Secretary shall publish notice of the application in the

Federal Register. The Secretary shall issue a decision on an

application for a determination within 180 days after the date of the

publication of the notice of having received such application, or the

Secretary shall publish a statement in the Federal Register of the

reason why the Secretary's decision on the application is delayed,

along with an estimate of the additional time necessary before the

561
decision is made. After notice is published, an applicant may not seek

judicial relief on the same or substantially the same issue until the

Secretary takes final action on the application or until 180 days after

the application is filed, whichever occurs first.

(2) After consulting with States, political subdivisions of States,

and Indian tribes, the Secretary shall prescribe regulations for carrying

out paragraph (1) of this subsection.

(3) Subsection (a) of this section does not prevent a State, political

subdivision of a State, or Indian tribe, or another person directly

affected by a requirement, from seeking a decision on preemption

from a court of competent jurisdiction instead of applying to the

Secretary under paragraph (1) of this subsection.

(e) WAIVER OF PREEMPTION.-A State, political subdivision of a

State, or Indian tribe may apply to the Secretary for a waiver of

preemption of a requirement the State, political subdivision, or tribe

acknowledges is preempted by subsection (a), (b)(1), or (c) of this section.

Under a procedure the Secretary prescribes by regulation, the Secretary

may waive preemption on deciding the requirement-

(1) provides the public at least as much protection as do

requirements of this chapter and regulations prescribes under this

chapter; and

(2) is not an unreasonable burden on commerce.

(f) JUDICIAL REVIEW.-A party to a proceeding under subsection

(d) or (e) of this section may bring a civil action in an appropriate district

court of the United States for judicial review of the decision of the

Secretary not later than 60 days after the decision becomes final.

(g) FEES.-

(1) A State, political subdivision of a State, or Indian tribe may

impose a fee related to transporting hazardous material only if the fee

is fair and used for a purpose related to transporting hazardous

material, including enforcement and planning, developing, and

maintaining a capability for emergency response.

(2) A State or political subdivision thereof or Indian tribe that

levies a fee in connection with the transportation of hazardous

materials shall, upon the Secretary's request, report to the Secretary

on-

(A) the basis on which the fee is levied upon persons involved

in such transportation;

(B) the purposes for which the revenues from the fee are used;

(C) the annual total amount of the revenues collected from the

fee; and

(D) such other matters as the Secretary requests.

Sec. 5126. Relationship to Other Laws

(a) CONTRACTS.-A person under contract with a department,

agency, or instrumentality of the United States Government that transports

or causes to be transported hazardous material, or manufactures,

fabricates, marks, maintains, reconditions, repairs, or tests a packaging or

a container that the person represents, marks, certifies, or sells as qualified

for use in transporting hazardous material must comply with this chapter,

regulations prescribed and orders issued under this chapter, and all other

requirements of the Government, State and local governments, and Indian

tribes (except a requirement preempted by a law of the United States) in

562
the same way and to the same extent that any person engaging in that

transportation, manufacturing, fabricating, marking, maintenance,

reconditioning, repairing, or testing that is in or affects commerce must

comply with the provision, regulation, order, or requirement.

(b) NONAPPLICATION.-This chapter does not apply to-

(1) a pipeline subject to regulation under chapter 601 of this title;

or

(2) any matter that is subject to the postal laws and regulations of

the United States under this chapter or title 18 or 39.

Sec. 5127. Authorization of Appropriations

(a) GENERAL.-Not more than $18,000,000 may be appropriated to

the Secretary of Transportation for fiscal year 1993, $18,000,000 for fiscal

year 1994, $18,540,000 for fiscal year 1995, $19,100,000 for fiscal year

1996, and $19,670,000 for fiscal year 1997 to carry out this chapter

(except section 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119).

(b) TRAINING OF HAZMAT EMPLOYEE INSTRUCTORS.-

(1) There is authorized to be appropriated to the Secretary $3,000,000 for each of fiscal years 1995, 1996, 1997, and 1998 to

carry out section 51071(e).

(2)(A) There shall be available to the Secretary for carrying out

section 5116(j), from amounts in the account established pursuant to

section 5116(i), $250,000 for each of fiscal years 1995, 1996, 1997,

and 1998.

(B) In addition to amounts made available under subparagraph

(A), there is authorized to be appropriated to the Secretary for carrying

out section 5116(j) $1,000,000 for each of the fiscal years 1995, 1996,

1997, and 1998.

(c) TRAINING CURRICULUM.-

(1) Not more than $1,000,000 is available to the Secretary of

Transportation from the account established under section 5116(i) of

this title for each of the fiscal years ending September 30, 1993-1998,

to carry out section 5115 of this title.

(2) The Secretary of Transportation may transfer to the Director of

the Federal Emergency Management Agency from amounts available

under this subsection amounts necessary to carry out section

5115(d)(1) of this title.

(d) PLANNING AND TRAINING.-

(1) Not more than $5,000,000 is available to the Secretary of

Transportation from the account established under section 5116(i) of

this title for each of the fiscal years ending September 30, 1993-1998,

to carry out section 5116(a) of this title.

(2) Not more than $7,800,000 is available to the Secretary of

Transportation from the account established under section 5116(i) of

this title for each of the fiscal years ending September 30, 1993-1998,

to carry out section 5116(b) of this title.

(3) Not more than the following amounts are available from the

account established under section 5116(i) of this title for each of the

fiscal years ending September 30, 1993-1998, to carry out section

511 6(f) of this title:

(A) $750,000 each to the Secretaries of Transportation and

Energy, Administrator of the Environmental Protection Agency,

and Director of the Federal Emergency Management Agency.

563
(B) $200,000 to the Director of the National Institute of

Environmental Health Sciences.

(e) UNIFORM FORMS AND PROCEDURES.-Not more than

$400,000 may be appropriated to the Secretary of Transportation for the

fiscal year ending September 30, 1993, to carry out section 5119 of this

title.

(f) CREDITS TO APPROPRIATIONS.-The Secretary of

Transportation may credit to any appropriation to carry out this chapter an

amount received from a State, Indian tribe, or other public authority or

private entity for expenses the Secretary incurs in providing training to the

State, authority, or entity.

(g) AVAILABILITY OF AMOUNTS.-Amounts available under

subsections (c)-(e) of this section remain available until expended.

564
B. AIR TRANSPORTATION OF PLUTONIUM (P.L.

94-79)

Public Law 94-791 89 Stat. 413

August 9, 1975

Sec. 201. 42 USC 5841. Section 201(a) of the Energy Reorganization Act of 1974 is amended:

Note. The Nuclear Regulatory Commission shall not license any shipments

by air transport of plutonium in any form, whether exports, imports or

domestic shipments: Provided, however, That any plutonium in any form

contained in a medical device designed for individual human application

is not subject to this restriction. This restriction shall be in force until the

Nuclear Regulatory Commission has certified to the joint Committee on

Atomic Energy of the Congress that a safe container has been developed

and tested which will not rupture under crash and blast-testing equivalent

to the crash and explosion of a high-flying aircraft.

42 USC 5817.

Note.

42 USC 5817.

Note.

C. AIR TRANSPORTATION OF PLUTONIUM (P.L. 94-187)

Sec. 501.

The Energy Research and Developments Administration shall not ship

plutonium in any form by aircraft whether exports, imports, or domestic

shipment: Provided, that any

exempts shipments of plutonium, as defined by section 502, are not

subject to this restriction. This restriction shall be in force until the

Energy Research and Development Administration has certified to the

Joint Committee on Atomic Energy of the Congress that a safe container

has been developed and tested which will not rupture under crash and

blast testing equivalent to the crash and explosion of a high-flying aircraft.

Sec. 502.

For the purpose of this title, the term "exempt shipments of

plutonium" shall include the following:

(1) Plutonium shipments in any form designed for medical

application.

(2) Plutonium shipments which pursuant to rules promulgated

by the Administrator of the Energy Research and Development

Administration are determined to be made for purposes of national

security, public health and safety, or emergency maintenance

operations.

(3) Shipments of small amounts of plutonium deemed by the

Administrator of the Energy Research and Development

Administration to require rapid shipment by air in order to preserve

the chemical, physical, or isotopic properties of the transported

item or material.

This section consists of section 201 of Public Law 94-79 (89 Stat. 413) enacted on August

9, 1975. The paragraph shown appears in the United States Code at 42 USC 5841 note.

565
D. SECTION 5062 OF OMNIBUS BUDGET RECONCILIATION

ACT OF 1987 REGARDING AIR TRANSPORTATION OF

PLUTONIUM, (P.L. 100-202 AND 100-203)

Sec. 5062. Transportation of Plutonium by Aircraft Through United

States Air Space

(a) 2 IN GENERAL-Notwithstanding any other provision of law, no

States from a foreign nation to a foreign nation unless the Nuclear

Regulatory Commission has certified to Congress that the container in

which such plutonium is transported is safe, as determined in accordance

with subsection (b), the second undesignated paragraph under section 201

of Public Law 94-79 (89 Stat. 413; 42 USC 5841 note), and all other

applicable laws.

(b) RESPONSIBILITIES OF THE NUCLEAR REGULATORY

COMMISSION42 USC 5841. (1) DETERMINATION OF SAFETY-The Nuclear Regulatory

Note. Commission shall determine whether the container referred to in

subsection (a) is safe for use in the transportation of plutonium by

aircraft and transmit-to Congress a certification for the purposes of

such subsection in the case of each container determined to be safe.

(2) TESTING-In order to make a determination with respect to a

container under paragraph (1), the Nuclear Regulatory Commission

shall-

. (A) require an actual drop test from maximum cruising altitude

of a full-scale sample of such container loaded with test materials;

and

(B) require an actual crash test of a cargo aircraft fully loaded

with full-scale samples of such container loaded with test material

unless the Commission determines, after consultation with an

independent scientific review panel, that the stresses on the

container produced by other tests used in developing the container

exceed the stresses which would occur during a worst case

plutonium air shipment accident.

(3) LIMITATION-The Nuclear Regulatory Commission may not

certify under this section that a container is safe for use in the

transportation of plutonium by aircraft if the container ruptured or

released its contents during testing conducted in accordance with

paragraph (2).

(4) EVALUATION-The Nuclear Regulatory Commission shall

evaluate the container certification required by title II of the Energy

Reorganization Act of 1974 (42 USC 5841 et seq.) and subsection (a)

in accordance with the National Environmental Policy Act of 1969 (83

Stat. 852; 42 USC 4321 et seq.) and all other applicable law.

(c) CONTENT OF CERTIFICATION-A certification referred to in

subsection (a) with respect to a container shall include2 This title consists of sections 5062 of Public Law 100-203 (101 Stat. 1330-251) enacted on

December 22, 1987, and was also enacted in identical form by Public Law 100-202 (101

Stat. 1329-121) on the same date. The section appears in the United States Code at 42 USC

5841 note.

566
(1) the determination of the Nuclear Regulatory Commission as to

the safety of such container;

(2) a statement that the requirements of subsection (b)(2) were

satisfied in the testing of such container; and

(3) a statement that the container did not rupture or release its

contents into the environment during testing.

(d) DESIGN OF TESTING PROCEDURES-The tests required by

subsection (b) shall be designed by the Nuclear Regulatory Commission

to replicate actual worst case transportation conditions to the maximum

extend practicable. In designing such tests, the Commission shall provide

for public notice of the proposed test procedures, provide a reasonable

opportunity for public comment on such procedures, and consider such

comments, if any.

(e) TESTING RESULTS: REPORTS AND PUBLIC DISCLOSURE -

The Nuclear Regulatory Commission shall transmit to Congress a report

on the results of each test conducted under this section and shall make

such results available to the public.

(f) ALTERNATIVE ROUTES AND MEANS OF

TRANSPORTATION-With respect to any shipments of plutonium from

a foreign nation to a foreign nation which are subject to United States

consent rights contained in an Agreement for Peaceful Nuclear

Cooperation, the President is authorized to make every effort to pursue

and conclude arrangements for alternative routes and means of

transportation, including sea shipment. All such arrangements shall be

subject to stringent physical security conditions, and other conditions

designed to protect the public health and safety, and provisions of this

section, and all other applicable laws.

(g) INAPPLICABILITY TO MEDICAL DEVICES-Subsections (a)

through (e) shall not apply with respect to plutonium in any form

contained in a medical device designed for individual human application.

(h) INAPPLICABILITY TO MILITARY USES-Subsections (a)

through (e) shall not apply to plutonium in the form of nuclear weapons

nor to other shipments of plutonium determined by the Department of

Energy to be directly connected with the United States national security or

defense programs.

(i) INAPPLICABILITY TO PREVIOUSLY CERTIFIED

CONTAINERS-This section shall not apply to any containers for the

shipment of plutonium previously certified as safe by the Nuclear

Regulatory Commission under Public Law 94-79 (89 Stat. 413; 42 USC

5841 note).

() PAYMENT OF COSTS-All costs incurred by the Nuclear

Regulatory Commission associated with the testing program required by

this section, and administrative costs related thereto, shall be reimbursed

to the Nuclear Regulatory Commission by any foreign country receiving

plutonium shipped through United States airspace in containers specified

by the Commission.

567
E. SHIPMENTS OF PLUTONIUM BY SEA (P.L. 102-486)

Sec. 2904. Study and Implementation Plan on Safety of Shipments of

Plutonium By Sea 1

(a) STUDY-The President, in consultation with the Nuclear

Regulatory Commission, shall conduct a study on the safety of shipments

of plutonium by sea. The study shall consider the following:

(1) The safety of the casks containing the plutonium.

(2) The safety risks to the States of such shipments.

(3) Upon the request of any State, the adequacy of that State's

emergency plans with respect to such shipments. .(4) The Federal resources needed to assist the States on account of

such shipments.

(b) REPORT-The President shall, not later than 60 days after the date

of the enactment of this Act, transmit tot he Congress a report on the study

conducted under subsection (a), together with his recommendations based

on the study.

(c) IMPLEMENTATION PLAN-The President, in consultation with

the Nuclear Regulatory Commission, shall establish a plan to implement

'the recommendations contained in the study conducted under subsection

(a) and shall, not later than 90 days after transmitting the report to the

Congress under subsection (b), transmit to the Congress that

implementation plan.

(d) DEFINITION-As used in this section, the term "State" includes

the District of Columbia and any commonwealth, territory, or possession

of the United States.

F. SECTION 411 OF RAIL SAFETY IMPROVEMENT

ACT OF 2008

P.L. 110-432

49 USC 5103. Sec. 411. Railroad Carrier Employee Exposure To Radiation Study.

Note. (a) STUDY.-The Secretary of Transportation shall, in consultation with

the Secretary of Energy, the Secretary of Labor, the Administrator of the

Environmental Protection Agency, and the Chairman of the Nuclear

Regulatory Commission, as appropriate, conduct a study of the potential

hazards to which employees of railroad carriers and railroad contractors or

subcontractors are exposed during the transportation of high-level

radioactive waste and spent nuclear fuel (as defined in section 5101 (a) of

title 49, United States Code), supplementing the report submitted under

section 5101 (b) of that title, which may include-

' This title consists of section 2904 of Energy Policy Act of 1992, Public Law 102-486 (106

Stat. 2776) enacted on October 24, 1992, and does not appear in the United States Code.

568
(1) an analysis of the potential application of "as low as

reasonably achievable" principles for exposure to radiation to such

employees with an emphasis on the need for special protection from

radiation exposure for such employees during the first trimester of

pregnancy or who are undergoing or have recently undergone

radiation therapy;

(2) the feasibility of requiring real-time dosimetry monitoring

for such employees;

(3) the feasibility of requiring routine radiation exposure

monitoring in fixed railroad locations, such as yards and repair

facilities; and

(4) a review of the effectiveness of the Department's packaging

requirements for radioactive materials.

(b) REPORT.-Not later than 18 months after the date of enactment of this

Act, the Secretary of Transportation shall transmit a report on the results

of the study required by subsection (a) and any recommendations to

further protect employees of a railroad carrier or of a contractor or

subcontractor to a railroad carrier from unsafe exposure to radiation

during the transportation of high-level radioactive waste and spent nuclear

fuel to the Senate Committee on Commerce, Science, and Transportation

and the House of Representatives Committee on Transportation and

Infrastructure.

(c) REGULATORY AUTHORITY.-The Secretary of Transportation may issue

regulations that the Secretary determines appropriate, pursuant to the

report required by subsection (b), to protect railroad employees from

unsafe exposure to radiation during the transportation of radioactive

materials.

569

6: Use Fee

6. User Fees

Contents

A. TITLE V OF THE INDEPENDENT OFFICES APPROPRIATIONS ACT

O F 19 52 .................................................................................................................. 57 3

9701. Fees And Charges For Government Services And Things Of

V alu e ............................................................................................................ 57 3

B. PERTINENT PROVISIONS OF THE OMNIBUS BUDGET

RECONCILIATION ACT OF 1990, AS AMENDED ....................................... 574

Title VI-Energy And Environmental Programs ................................................ 574

Subtitle B-NRC User Fees and Annual Charges ............................................ 574

Sec. 6101. NRC User Fees and Annual Charges ........................................ 574

571

A. TITLE V OF THE INDEPENDENT OFFICES

APPROPRIATIONS ACT OF 1952

Public Law 82-137 65 Stat. 268

AUG. 31, 1951

31 USC 9701. 9701. Fees And Charges For Government Services And Things Of

Value

(a) It is the sense of Congress that each service or thing of value provided

by an agency (except a mixed-ownership Government corporation) to a

person (except a person on official business of the United States

Government) is to be self-sustaining to the extent possible.

(b) The head of each agency (except a mixed-ownership Government

corporation) may prescribe regulations establishing the charge for a

service or thing of value provided by the agency. Regulations prescribed

by the heads of executive agencies are subject to policies prescribed by

the President and shall be as uniform as practicable. Each charge shall be-

(1) fair; and

(2) based on-

(A) the costs to the Government;

(B) the value of the service or thing to the recipient;

(C) public policy or interest served; and

(D) other relevant facts.

(c) This section does not affect a law of the United States-

(1) prohibiting the determination and collection of charges and the

disposition of those charges; and

(2) prescribing bases for determining charges, but a charge may be

redetermined under this section consistent with the prescribed bases.

573
B. PERTINENT PROVISIONS OF THE OMNIBUS BUDGET

RECONCILIATION ACT OF 1990, AS AMENDED

Public Law 101-508 104 Stat. 1388

NOV. 5, 1990

Title VI-Energy And Environmental Programs

Subtitle B-NRC User Fees and Annual Charges

42 USC 2214.

42 USC 2214.

Sec. 6101. NRC User Fees and Annual Charges

(a) ANNUAL ASSESSMENT-

(1) IN GENERAL-The' Nuclear Regulatory Commission (in this

section referred to as the "Commission") shall annually assess and

collect such fees and charges as are described in subsections (b) and

(c).

(2) FIRST ASSESSMENT-The first assessment of fees under

subsection (b) and annual charges under subsection (c) shall be made

not later than September 30, 1991.

(3)2

(b) FEES FOR SERVICE OR THING OF VALUE-Pursuant to

section 9701 of title 31, United States Code, any person who receives a

service or thing of value from the Commission shall pay fees to cover the

Commission's costs in providing any such service or thing of value.

(c) ANNUAL CHARGES-

(1) PERSONS SUBJECT TO CHARGE-Except as provided in

paragraph (4), any licensee or certificate holder of the Commission

may be required to pay, in addition to the fees set forth in subsection

(b), an annual charge.

(2) AGGREGATE AMOUNT OF CHARGES-

(A) The aggregate amount of the annual charge collected from

all licensees and certificate holders in a fiscal year shall equal an

amount that approximates the percentages of the budget authority

of the Commission for the fiscal year stated in subparagraph (B),

less-

(i) amounts collected under subsection (b) during the

fiscal year;

(ii) amounts appropriated to the Commission from the

Nuclear Waste Fund for the fiscal year;

(iii) amounts appropriated to the Commission for the fiscal

year for implementation of section 3116 of the Ronald W.

Reagan National Defense Authorization Act for Fiscal Year

2005; and

(iv) amounts appropriated to the Commission for homeland

security activities of the Commission for the fiscal year, except

for the costs of fingerprinting and background checks required

'Public Law 109-58 (119 Stat. 791), August 8, 2005; section 637 struck "Except as provided in paragraph (3),

the".

2

Public Law 109-58 (119 Stat. 791), August 8, 2005; section 637 struck paragraph (3).

574
by section 149 of the Atomic Energy Act of 1954 942 U.S.C.

2169) and the costs of conducting security inspections. 3

(B) Percentages-The percentages referred to in subparagraph

A) are-

(i) 98 percent for fiscal year 2001;

(ii) 96 percent for fiscal year 2002;

(iii) 94 percent for fiscal year 2003;

(iv) 92 percent for fiscal year 2004; and

(v) 90 percent for fiscal year 20054 and each fiscal year

thereafter.

(3) AMOUNT PER LICENSEE-The Commission shall establish,

by rule, a schedule of charges fairly and equitably allocating the

aggregate amount of charges described in paragraph (2) among

licensees. To the maximum extent practicable, the charges shall have a

reasonable relationship to the cost of providing regulatory services and

may be based on the allocation of the Commission's resources among

licensees or classes of licensees.

(4) EXEMPTION-

(A) IN GENERAL-Paragraph (1) shall not apply to the holder

of any license for a federally owned research reactor used

primarily for educational training and academic research purposes.

(B) RESEARCH REACTOR.-For purposes of subparagraph

(A), the term "research reactor" means a nuclear reactor that-

(i) is licensed by the Nuclear Regulatory Commission under

section 104c. of the Atomic Energy Act of 1954 (42 USC

2134(c)) for operation at a thermal power level of 10

megawatts or less; and

(ii) if so licensed for operation at a thermal power level of

more than 1 megawatt, does not contain-

(1) a circulating loop through the core in which the

licensee conducts fuel experiments;

(II) a liquid fuel loading; or

3

Public Law 109-58 (119 Stat. 791), August 8, 2005; section 637 added new clauses (iii) and (iv). 4

(As amended Public Law 105-245, title V, section 505, Oct. 7, 1998, 112 Stat. 1856; Public Law 106-60, title

VI, section 604, Sept. 29, 1999, 113 Stat. 501; Public Law 106-377, section l(a)(2) [title VIII], Oct. 27, 2000,

114 Stat. 1441, 1441A-__); Public Law 109-58 (119 Stat. 791), August 8, 2005; section 637.

'These fees were established in Pub. Law 106-377 (2000) and made permanent by Pub. Law 109-58. (2005).

Previously, fees were established as follows: 33 percent in Pub. Law 99-272 (1986); 45 percent in Pub. Law

100-203 (1987); 100 percent in Pub. Law 101-508 (1990).

575
(III) an experimental facility in the core in excess of 16

square inches in cross-section.

(d) DEFINITION-As used in this section, the term "Nuclear Waste

Fund" means the fund established pursuant to section 302(c) of the

Nuclear Waste Policy Act of 1982 (42 USC 10222(c)).

42 USC 2213. (e) REPEALED: Section 7601 of the Consolidated Omnibus Budget

Reconciliation Act of 1985 (42 USC 2213) is repealed.6

6

Public Law 109-58 (119 Stat. 791), August 8, 2005; section 637(b) repealed section 7601. NOTE: Prior

language read:

(e) CONFORMING AMENDMENT TO COBRA.-Paragraph(l)(a) of section 7601 of the

Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272) is amended by striking "except that for fiscal year of 1990 such maximum amount shall be estimated to be equal to 45 percent of

the costs incurred by the Commission for fiscal year 1990" and inserting "except as otherwise provided by

law."

576
7: Adminitrative Lw Statu-e

7. Administrative Law Statutes

Contents

A. ADMINISTRATIVE PROCEDURES-5 USC 551-559 ................................. 581

Subchapter II-Administrative Procedures ..................................................... 581

Sec. 551. D efi nitions ..................................................................................... 581

Sec. 552. Public Information; Agency Rules, Opinions, Orders,

R ecords, and Proceeding ........................................................................... 582

Sec. 552a. Records Maintained On Individuals .......................................... 597

Sec. 552b. O pen M eetings ............................................................................. 613

See. 553. R ulem aking .................................................................................... 618

Sec. 554. A djudications ................................................................................. 619

Sec. 555. A ncillary M atters .......................................................................... 620

Sec. 556. Hearings; Presiding Employees; Powers and Duties; Burden

of Proof; Evidence; Record as Basis of Decision ..................................... 621

Sec. 557. Initial Decisions; Conclusiveness; Review by Agency;

Submissions by Parties; Contents of Decisions; Record ......................... 623

Sec. 558. Imposition of Sanctions; Determination of Applications For

Licenses; Suspension, Revocation, and Expiration of Licenses .............. 624

Sec. 559. Effect on Other Laws; Effect of Subsequent Statute .................. 625

B. NEGOTIATED RULEMAKING ACT OF 1990-5 USC 561-570 ................. 626

Sec. 1. S h ort T itle .......................................................................................... 626

S ec. 2. F in d in gs .............................................................................................. 626

Sec. 3. Negotiated Rulemaking Procedure ....................... 626

Sec. 56 1. P urp ose ........................................................................................... 627

Sec. 562. D efinitions ...................................................................................... 627

Sec. 563. Determination of Need for Negotiated Rulemaking

C om m ittee ................................................................................................... 627

Sec. 564. Publication of Notice; Applications for Membership on

C om m ittees ................................................................................................. 628

Sec. 565. Establishment of Committee ........................................................ 629

Sec. 566. Conduct of Committee Activity ................................................... 630

Sec. 567. Termination of Committee ........................................................... 631

Sec. 568. Services, Facilities, and Payment of Committee Member

E x p en ses ...................................................................................................... 63 1

Sec. 569. Encouraging Negotiated Rulemaking .......................................... 631

Sec. 570. Judicial R eview .............................................................................. 632

Sec. 570a. Authorization of Appropriations ............................................... 632

Sec. 4. Authorization of Appropriations ..................................................... 632

Sec. 5. Sunset and Savings Provisions ......................................................... 632

C. ADMINISTRATIVE DISPUTE RESOLUTION ACT, AS AMENDED ........ 633

S ec. 1. S h ort T itle .......................................................................................... 633

S ec. 2. F in d in gs .............................................................................................. 633

Sec. 3. Promotion of Alternative Means of Dispute Resolution ................ 633

Sec. 4. Administrative Procedures ............................................................... 634

577
Subchapter IV-Alternative Means Of Dispute Resolution In The

Administrative Process ................................................................................. 635

Sec. 571. Definitions ....................................................................................... 635

Sec. 572. General authority ........................................................................... 636

Sec. 573. Neutrals ........................................................................................... 636

Sec. 574. Confidentiality ................................................................................ 637

Sec. 575. Authorization of Arbitration ......................................................... 639

Sec. 576. Enforcement of Arbitration Agreements ..................................... 640

Sec. 577. Arbitrators ...................................................................................... 640

Sec. 578. Authority of the Arbitrator ........................................................... 640

Sec. 579. Arbitration Proceedings ................................................................ 640

Sec. 580. Arbitration Awards ........................................................................ 641

Sec. 581. Judicial Review ............................................................................... 641

Sec. 582. Repealed .......................................................................................... 642

Sec. 583. Support Services ......................... ......... 642

Sec. 584. Authorization of Appropriations .................................................. 642

Sec. 5. Judicial Review of Arbitration Awards ........................................... 642

Sec. 6. Government Contract Claims .......................................................... 642

Sec. 7. Federal M ediation and Conciliation Service ................................... 643

Sec. 8. Government Tort and Other Claims ............................................... 643

Sec. 9. Use of Non-attorneys ......................................................................... 643

Sec. 10. Definitions ........................................................................................ 644

Sec. 11. Sunset Provision .............................................................................. 644

D. REGULATORY FLEXIBILITY ACT AMENDMENTS-5 USC 601-612... 645

Chapter 6-The Analysis Of Regulatory Functions ........................................ 645

Sec. 601. Definitions ...................................................................................... 645

Sec. 602. Regulatory Agenda ........................................................................ 646

Sec. 603. Initial Regulatory Flexibility Analysis ......................................... 646

Sec. 604. Final Regulatory Flexibility Analysis .......................................... 647

Sec. 605. Avoidance of Duplicative or Unnecessary Analyses ................... 648

Sec. 606. Effect on Other Law ...................................................................... 648

Sec. 607. Preparation of Analyses ................................................................ 648

Sec. 608. Procedure for W aiver or Delay of Completion ........................... 648

Sec. 609. Procedures for Gathering Comments .......................................... 649

Sec. 610. Periodic Review of Rules .............................................................. 650

Sec. 611. Judicial Review .............................................................................. 651

Sec. 612. Reports and Intervention Rights .................................................. 652

E. JUDICIAL REVIEW - 5 USC 701-706 ............................................................. 653

Chapter 7-Judicial Review ............................................................................... 653

Sec. 701. Application; Definitions ................................................................ 653

Sec. 702. Right of Review ............................................................................ 653

Sec. 703. Form and Venue of Proceeding .................................................... 654

Sec. 704. Actions Reviewable ....................................................................... 654

Sec. 705. Relief Pending Review .................................................................. 654

Sec. 706. Scope of Review ............................................................................. 654

F. CONGRESSIONAL REVIEW - 5 USC 801-808 .............................................. 656

578
Chapter 8-Congressional Review Of Agency Rulemaking ........................... 656

Sec. 801. Congressional R eview ................................................................... 656

Sec. 802. Congressional Disapproval Procedure .................. 658

Sec. 803. Special Rule on Statutory, Regulatory, and Judicial

D ead lin es ..................................................................................................... 660

Sec. 804. D efinitions ...................................................................................... 660

Sec. 805. Judicial R eview .............................................................................. 661

Sec. 806. Applicability; Severability ............................................................ 661

Sec. 807. Exemption for Monetary Policy ................................................... 661

Sec. 808. Effective Date of Certain Rule ..................................................... 661

G. FEDERAL ADVISORY COMMITTEE ACT, AS AMENDED ..................... 662

Sec. 1. Short T itle .......................................................................................... 662

Sec. 2. Findings and Purpose ....................................................................... 662

Sec. 3. D efi nitions .......................................................................................... 662

Sec. 4. Applicability; R estrictions ................................................................ 663

Sec. 5. Responsibilities of Congressional Committees; Review;

G uidelin es................................................................................................... 663

Sec. 6. Responsibilities of the President; Report to Congress; Annual

R eport to Congress; Exclusion .................................................................. 664

Sec. 7. Responsibilities of the Administrator of General Services;

Committee Management Secretariat, Establishment; Review;

Recommendations to President and Congress; Agency Cooperation;

Performance Guidelines; Uniform Pay Guidelines; Travel Expenses;

Expense R ecom m endations ....................................................................... 664

Sec. 8. Responsibilities of Agency Heads; Advisory Committee

Management Officer, Designation ............................................................ 666

Sec. 9. Establishment and purpose of advisory committees; publication

in Federal Register; Charter; Filing; Contents; Copy ............................ 666

Sec. 10. Advisory Committee Procedures; Meetings; Notice,

PUblication in Federal Register; Regulations; Minutes; Certification;

Annual Report; Federal Officer or Employee; Attendance ................... 667

Sec. 11. Availability of Transcripts; Agency Proceeding ........................... 668

Sec. 12. Fiscal and Administrative Provisions; Recordkeeping; Audit;

A gency Support Services ........................................................................... 668

Sec. 13. Responsibilities of Library of Congress; Reports and

Background Papers; Depository ............................................................... 668

Sec. 14. Termination of Advisory Committees; Renewal; Continuation. 668

Sec. 15. R equirem ents ................................................................................... 669

Sec. 16. E ffective D ate ................................................................................... 671

H. ALTERNATIVE DISPUTE RESOLUTION ACT OF 1998 ........................... 672

Sec. 1. Short T itle .......................................................................................... 672

Sec. 2. Findings and Declaration of Policy .................................................. 672

Sec. 3. Alternative Dispute Resolution Process to be Authorized in all

D istrict C ourts ............................................................................................ 672

Sec. 4. Jurisdiction . .......................... ................................................. 673

Sec. 5. Mediators and Neutral Evaluators .................................................. 674

579
Sec. 6. Actions Referred to Arbitration ....................................................... 674

Sec. 7. Arbitrators ......................................................................................... 675

Sec. 8. Subpoenas .......................................................................................... 675

Sec. 9. Arbitration Award and Judgment ................................................... 675

Sec. 10. Compensation of Arbitrators and Neutrals .................................. 676

Sec. 11. Authorization of Appropriations ................................................... 676

Sec. 12. Conforming Amendments .............................................................. 676

I. FEDERAL CIVIL PENALTIES INFLATION ADJUSTMENT ACT OF

1990, AS AM ENDED ............................................................................................ 678

Title III Chapter 10 ............................................................................................... 678

Sec. 1. Short Title .......................................................................................... 678

Sec. 2. Findings and Purpose ....................................................................... 678

Sec. 3. Definitions .......................................................................................... 678

Sec. 4. Civil M onetary Penalty Inflation Adjustment Reports .................. 679

Sec. 5. Cost-of-Living Adjustments of Civil Monetary Penalties .............. 679

Sec. 6. Annual Report ................................................................................... 679

580
A. ADMINISTRATIVE PROCEDURES-5 USC 551-559

Subchapter II-Administrative Procedures

See. 551. Definitions

For the purpose of this Subchapter-

(1) "agency" means each authority of the Government of the United

States, whether or not it is within or subject to review by another agency,

but does not include-

(A) the Congress;

(B) the courts of the United States;

(C) the governments of the territories or possessions of the United

States;

(D) the Government of the District of Columbia; or except as to the

requirements of section 552 of this title __;

(E) agencies composed of representatives of the parties or of

representatives of organizations of the parties to the disputes

determined by them;

(F) courts martial and military commissions;

(G) military authority exercised in the field in time of war or in

occupied territory; or

(H) functions conferred by sections 1738, 1739, 1743, and 1744 of

title 12; chapter 2 of title 41; Subchapter II of chapter 471 of title 49;

or sections 1884, 1891-1902, and former section 1641(b)(2), of title

50, appendix;

(2) "person" includes an individual, partnership, corporation,

association, or public or private organization other than a agency;

(3) "party" includes a person or agency named or admitted as a party,

or properly seeking and entitled as of right to be admitted as a party, in an

agency proceeding, and a person or agency admitted by an agency as a

party for limited purposes;

(4) "rule" means the whole or a part of an agency statement of general

or particular applicability and future effect designed to implement,

interpret, or prescribe law or policy or describing the organization,

procedure, or practice requirements of an agency and includes the

approval or prescription for the future of rates, wages, corporate or

financial structures or reorganizations thereof, prices, facilities,

appliances, services or allowances therefor or of valuations, costs, or

accounting, or practices bearing on any of the foregoing;

(5) "rule making" means agency process for formulating, amending, or

repealing a rule;

(6) "order" means the whole or part of a final disposition whether

affirmative, negative, injunctive, or declaratory in form, of an agency in a

matter other than rule making but including licensing;

(7) "adjudication" means agency process for the formulation of an

order;

(8) "license" includes the whole or a part of an agency permit,

certificate, approval, registration, charter, membership, statutory

exemption or other form of permission;

(9) "licensing" includes agency process respecting the grant, renewal,

denial, revocation, suspension, annulment, withdrawal, limitation,

amendments, modification, or conditioning of a license;

581
(10) "sanction" includes the whole or a part of an agency-

(A) prohibition requirement, limitations, or other condition

affecting the freedom of a person;

(B) withholding of relief;

(C) imposition of penalty or fine;

(D) destruction, taking, seizure, or withholding of property;

(E) Assessment of damages, reimbursement, restitution,

compensation, costs, charges, or fees;

(F) requirement, revocation, or suspension of a license; or

(G) taking other compulsory or restrictive action;

(11) "relief' includes the whole or a part of an agency-

(A) grant of money, assistance, license, authority, exemption,

exception, privilege, or remedy;

(B) recognition of a claim, right, immunity, privilege, exemption,

or exception; or

(C) taking of other action on the application or petition of, and

beneficial to, a person;

(12) "agency proceedings" means an agency process as defined by

paragraphs (5), (7), and (9) of this section;

(13) "agency action" includes the whole or a part of an agency rule,

order, license, sanction, relief, or the equivalent or denial thereof, or

failure to act; and

(14) "ex parte communication" means an oral or written

communication not on the public record with respect to which reasonable

prior notice to all parties is not given, but it shall not include requests for

status reports on any matter or proceeding covered by this Subchapter;

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 381; amended Pub. L. 94-409,

Sept. 13, 1976, 90 Stat. 1247.); Pub.L. 103-272, § 5(a), July 5, 1994, 108

Stat. 1373.

Sec. 552. Public Information; Agency Rules, Opinions, Orders,

Records, and Proceeding

(a)' Each agency shall make available to the public information as

follows:

(1) Each agency shall separately state and currently publish in the

Federal Register for the guidance of the public-

(A) descriptions of its central and field organization and the

established places at which, the employees (and in the case of a

uniformed service, the members) from whom, and the methods

whereby, the public may obtain information, make submittals or

requests, or obtain decisions;

(B) statements of the general course and method by which its

functions are channeled and determined, including the nature and

requirements of all formal and informal procedures available;

(C) rules of procedure, descriptions of forms available or the

places at which forms may be obtained, and instructions as to the

scope and contents of all papers, reports, or examinations;

(D) substantive rules of general applicability adopted as authorized

by law, and statements of general policy or interpretations of

general applicability formulated and adopted by the agency; and

'Section 552, as amended by Public Law 104-231, (110 Stat. 3049-3054), October 2, 1996.

582
(E) each amendment, revision, or repeal of the foregoing.

Except to the extent that a person has actual and timely notice of

the terms thereof, a person may not in any manner be required to

resort to, or be adversely affected by, a matter required to be

published in the Federal Register and not so published. For the

purpose of this paragraph, matter reasonably available to the class

of persons affected thereby is deemed published in the Federal

Register when incorporated by reference therein with the approval

of the Director of the Federal Register.

(2) Each agency, in accordance with published rules, shall make

available for public inspection and copying-

(A) final opinions, including concurring and dissenting

opinions, as well as orders, made in the adjudication of cases;

(B) those statements of policy and interpretations which have

been adopted by the agency and are not published in the Federal

Register;

(C) administrative staff manuals and instructions to staff that

affect a member of the public;

(D) copies of all records, regardless of form or format, which

have been released to any person under paragraph (3) and which,

because of the nature of their subject matter, the agency determines

have become or are likely to become the subject of subsequent

requests for substantially the same records; and

(E) a general index of the records referred to under

subparagraph (D); unless the materials are promptly published and

copies offered for sale. For records created on or after November

1, 1996, within one year after such date, each agency shall make

such records available, including by computer telecommunications

or, if computer telecommunications means have not been

established by the agency, by other electronic means. To the extent

required to prevent a clearly unwarranted invasion of personal

privacy, an agency may delete identifying details when it makes

available or publishes an opinion, statement of policy,

interpretation, staff manual, instruction, or copies of records

referred to in subparagraph (D). However, in each case the

justification for the deletion shall be explained fully in writing, and

the extent of such deletion shall be indicated on the portion of the

record which is made available or published, unless including that

indication would harm an interest protected by the exemption in

subsection (b) under which the deletion is made. If technically

feasible, the extent of the deletion shall be indicated at the place in

the record where the deletion was made. Each agency shall also

maintain and make available for public inspection and copying

current indexes providing identifying information for the public as

to any matter issued, adopted, or promulgated after July 4, 1967,

and required by this paragraph to be made available or published.

Each agency shall promptly publish, quarterly or more frequently,

and distribute (by sale or otherwise) copies of each index or

supplements thereto unless it determines by order published in the

Federal Register that the publication would be unnecessary and

impracticable, in which case the agency shall nonetheless provide

copies of such index on request at a cost not to exceed the direct

583
cost of duplication. Each agency shall make the index referred to in

subparagraph (E) available by computer telecommunications by

December 31, 1999. A final order, opinion, statement of policy,

interpretation, or staff manual or instruction that affects a member

of the public may be relied on, used, or cited as precedent by an

agency against a party other than an agency only if-

(i) it has been indexed and either made available or

published as provided by this paragraph; or

(ii) the party has actual and timely notice of the terms

thereof.

(3)(A) Except with respect to the records made available under

paragraphs (1) and (2) of this subsection, and except as provided in

subparagraph (E),2 each agency, upon any request for records which (i)

reasonably describes such records and (ii) is made in accordance with

published rules stating the time, place, fees (if any), and procedures to be

followed, shall make the records promptly available to any person.

(B) In making any record available to a person under this

paragraph, an agency shall provide the record in any form or format

requested by the person if the record is readily reproducible by the

agency in that form or format. Each agency shall make reasonable

efforts to maintain its records in forms or formats that are

reproducible for purposes of this section.

(C) In responding under this paragraph to a request for records,

an agency shall make reasonable efforts to search for the records in

electronic form or format, except when such efforts would

significantly interfere with the operation of the agency's automated

information system.

(D) For purposes of this paragraph, the term "search" means to

review, manually or by automated means, agency records for the

purpose of locating those records which are responsive to a request.

(E) An agency, or part of an agency, that is an element of the

intelligence community (as that term is defined in section 3(4) of

the National Security Act of 1947 (50 U.S.C. 401a(4))) shall not

make any record available under this paragraph to-

(i) any government entity, other than a State,

territory, commonwealth, or district of the United States, or

any subdivision thereof; or

(ii) a representative of a government entity described

in clause (i). 3

(4)(A)(i) In order to carry out the provisions of this section, each

agency shall promulgate regulations, pursuant to notice and receipt of

public comment, specifying the schedule of fees applicable to the

processing of requests under this section and establishing procedures and

guidelines for determining when such fees should be waived or reduced.

Such schedule shall conform to the guidelines which shall be

promulgated, pursuant to notice and receipt of public comment, by the

2 Public Law 107-306 (116 Stat. 2383) (2002) section 312 inserted "and except as provided in subparagraph

ýE)," after "of this subsection,".

Public Law 107-306 (116 Stat. 2383) (2002) section 312 amended section by inserting sub-paragraph (E).

584
Director of the Office of Management and budget and which shall provide

for a uniform schedule of fees for all agencies.

(ii) Such agency regulations shall provide that-

(I) fees shall be limited to reasonable standard

charges for document search, duplication, and review,

when records are requested for commercial use;

(II) fees shall be limited to reasonable standard

charges for document duplication when records are not

sought for commercial use and the request is made by

an educational or noncommercial scientific institution,

whose purpose is scholarly or scientific research; or a

representative of the news media; and

(III) for any request not described in (I) or (II), fees

shall be limited to reasonable standard charges for

document search and duplication.

(iii) Documents shall be furnished without any charge or

at a charge reduced below the fees established under clause (ii) if

disclosure of the information is in the public interest because it is

likely to contribute significantly to public understanding of the

operations or activities of the government and is not primarily in

the commercial interest of the requester.

In this clause, the term 'a representative of the news media'

means any person or entity that gathers information of potential

interest to a segment of the public, uses its editorial skills to turn

the raw materials into a distinct work, and distributes that work

to an audience. In this clause, the term 'news' means information

that is about current events or that would be of current interest to

the public. Examples of news-media entities are television or

radio stations broadcasting to the public at large and publishers

of periodicals (but only if such entities qualify as disseminators

of 'news') who make their products available for purchase by or

subscription by or free distribution to the general public. These

examples are not all-inclusive. Moreover, as methods of news

delivery evolve (for example, the adoption of the electronic

dissemination of newspapers through telecommunications

services), such alternative media shall be considered to be newsmedia entities. A freelance journalist shall be regarded as

working for a news media entity if the journalist can demonstrate

a solid basis for expecting publication through that entity,

whether or not the journalist is actually employed by the entity.

A publication contract would present a solid basis for such an

expectation; the Government may also consider the past

publication record of the requester in making such a

determination.4

(iv) Fee schedules shall provide for the recovery of only

the direct costs of search, duplication, or review. Review costs

shall include only the direct costs incurred during the initial

examination of a document for the purposes of determining

whether the documents must be disclosed under this section and

for the purposes of withholding any portions exempt from

4 Public Law 110-175 (121 Stat. 2524) (2007) section 3 amended section by inserting this paragraph.

585
disclosure under this section. Review costs may not include any

costs incurred in resolving issues of law or policy that may be

raised in the course of processing a request under this section.

No fee may be charged by any agency under this section-

(I) if the costs of routine collection and processing

of the fee are likely to equal or exceed the amount of the

fee; or;

(II) for any request described in clause (ii)(II) or (III)

of this subparagraph for the first two hours of search

time or for the first one hundred pages of duplication.

(v) No agency may require advance payment of any fee

unless the requester has previously failed to pay fees in a timely

fashion, or the agency has determined that the fee will exceed

$250.

(vi) Nothing in this subparagraph shall supersede fees

chargeable under a statute specifically providing for setting the

level of fees for particular types of records.

(vii) In any action by a requester regarding the waiver of

fees under this section, the court shall determine the matter de

novo: Provided, That the court's review of the matter shall be

limited to the record before the agency.

(viii) An agency shall not assess search fees (or in the case

of a requester described under clause (ii)(II), duplication fees)

under this subparagraph if the agency fails to comply with any

time limit under paragraph (6), if no unusual or exceptional

circumstances (as those terms are defined for purposes of

paragraphs (6)4B) and (C), respectively) apply to the processing

of the request.

(B) On complaint, the district court of the United States in the

district in which the complainant resides, or has his principal place

of business, or in which the agency records are situated, or in the

District of Columbia, has jurisdiction to enjoin the agency from

withholding agency records and to order the production of any

agency records improperly withheld from the complainant. In such

a case the court shall determine the matter de novo, and may

examine the contents of such agency records in camera to

determine whether such records or any part thereof shall be

withheld under any of the exemptions set forth in subsection (b) of

this section, and the burden is on the agency to sustain its action.

In addition to any other matters to which a court accords substantial

weight, a court shall accord substantial weight to an affidavit of an

agency concerning the agency's determination as to technical

feasibility under paragraph (2C) and subsection (b) and

reproducibility under paragraph (3B).

(C) Notwithstanding any other provision of law, the defendant

shall serve an answer or otherwise plead to any complaint made

under this subsection within thirty days after service upon the

defendant of the pleading in which such complaint is made, unless

the court otherwise directs for good cause shown.

Public Law 110-175 (121 Stat. 2524) (2007) section 6(b)( 1 )(A) amended section by inserting sub-paragraph

(viii), which became effective December 31, 2008.

586
(D) Repealed. Public Law 98-620, title IV, section 402(2),

Nov. 8, 1984, 98 Stat. 3357.

(E)(i) The court may assess against the United States

reasonable attorney fees and other litigation costs reasonably

incurred in any case under this section in which the complainant

has substantially prevailed.

(ii) For purposes of this subparagraph, a complainant has

substantially prevailed if the complainant has obtained relief

through either-

(I) a judicial order, or an enforceable written

agreement

or consent decree; or

(II) a voluntary or unilateral change in position by

the agency, if the complainant's claim is not

insubstantial.6

(F)(i) Whenever the court orders the production of any agency

records improperly withheld from the complainant and assesses

against the United States reasonable attorney fees and other

litigation costs, and the court additionally issues a written finding

that the circumstances surrounding the withholding raise questions

whether agency personnel acting arbitrarily or capriciously with

respect to the withholding, the Special Counsel shall promptly

initiate a proceeding to determine whether disciplinary action is

warranted against the officer or employee who was primarily

responsible for the withholding. The Special Counsel, after

investigation and consideration of the evidence submitted, shall

submit his findings and recommendations to the administrative

authority of the agency concerned and shall send copies of the

findings and recommendations to the officer or employee of his

representative. The administrative authority shall take the

corrective action that the Special Counsel recommends.

(ii) The Attorney General shall-

(I) notify the Special Counsel of each civil action

described

under the first sentence of clause (i); and

(II) annually submit a report to Congress on the

number of such civil actions in the preceding year.

(iii) The Special Counsel shall annually submit a report to

Congress on the actions taken by the Special Counsel under

clause (i).7

(G) In the event of noncompliance with the order of the court,

the district court may punish for contempt the responsible

employee, and in the case of a uniformed service, the responsible

member.

(5) Each agency having more than one member shall maintain and

make available for public inspection a record of the final votes of each

member in every agency proceeding.

6 Public Law 110-175 (121 Stat. 2524) (2007) section 4(a) amended section by inserting sub-paragraph (ii).

7 Public Law 110-175 (121 Stat. 2524) (2007) section 5 amended section by inserting sup-paragraphs (ii) and

(iii).

587
(6)(A) Each agency, upon any request for records made under

paragraph (1), (2), or (3) of this subsection shall-

(i) determine within 20 days (excepting Saturdays,

Sundays, and legal public holidays) after the receipt of any such

request whether to comply with such request and shall

immediately notify the person making such request of such

determination and the reasons therefor, and of the right of such

person to appeal to the head of the agency any adverse

determination; and

(ii) make a determination with respect to any appeal within

twenty days (excepting Saturdays, Sundays and legal public

holidays) after the receipt of such appeal. If on appeal the denial

of the request for records is in whole or in part upheld, the

agency shall notify the person making such request of the

provisions for judicial review of that determination under

paragraph (4) of this subsection.

The 20-day period under clause (i) shall commence on the date

on which the request is first received by the appropriate

component of the agency, but in any event not later than ten days

after the request is first received by any component of the agency

that is designated in the agency's regulations under this section to

receive requests under this section. The 20-day period shall not

be tolled by the agency except-

(I) that the agency may make one request to the

requester for information and toll the 20-day period

while it is awaiting such information that it has

reasonably requested from the requester under this

section; or

(II) if necessary to clarify with the requester issues

regarding fee assessment. In either case, the agency's

receipt of the requester's response to the agency's

request for information or clarification ends the tolling

period. 8

(B)(i) In unusual circumstances as specified in this

subparagraph, the time limits prescribed in either clause (i) or

clause(ii) of subparagraph (A) may be extended by written notice to

the person making such request settling forth the unusual

circumstances for such extension and the date on which a

determination is expected to be dispatched. No such notice shall

specify a date that would result in an extension for more than ten

working days, except as provided in clause (ii) of this

subparagraph.

(ii) With respect to a request for which a written notice

under clause (i) extends the time limits prescribed under clause

(i) of subparagraph (A), the agency shall notify the person

8 Public Law 110-175 (121 Stat. 2524) (2007) section 6(a)(1) amended section by inserting this paragraph

starting with "The 20-day period" through sub-sections (0) and (I1), which became effective December 31, 2008.

588
making the request if the request cannot be processed within the

time limit specified in that clause and shall provide the person an

opportunity to limit the scope of the request so that it may be

processed within that time limit or an opportunity to arrange with

the agency an alternative time frame for processing the request or

a modified request. To aid the requester, each agency shall make

available its FOIA Public Liaison, who shall assist in the

resolution of any disputes between the requester and the agency.9

Refusal by the person to reasonably modify the request or

arrange such an alternative time frame shall be considered as a

factor in determining whether exceptional circumstances exist for

purposes of subparagraph (C).

(iii) As used in this subparagraph, "unusual circumstances"

means, but only to the extent reasonably necessary to the proper

processing of the particular requests-

(I) the need to search for and collect the requested

records from field facilities or other establishments that

are separate from the office processing the request;

(II) the need to search for, collect, and appropriately

examine a voluminous amount of separate and distinct

records which are demanded in a single request; or

(III) the need for consultation, which shall be

conducted with all practicable speed, with another

agency having a substantial interest in the determination

of the request or among two or more components of the

agency having substantial subject-matter interest

therein.

(iv) Each agency may promulgate regulations, pursuant to

notice and receipt of public comment, providing for the

aggregation of certain requests by the same requestor, or by a

group of requestors acting in concert, if the agency reasonably

believes that such requests actually constitute a single request,

which would otherwise satisfy the unusual circumstances

specified in this subparagraph, and the requests involve clearly

related matters. Multiple requests involving unrelated matters

shall not be aggregated.

(C)(i) Any person making a request to any agency for records

under paragraph (1), (2), or (3) of this subsection shall be deemed

to have exhausted his administrative remedies with respect to such

request if the agency fails to comply with the applicable time limit

provisions of this paragraph. If the Government can show

exceptional circumstances exist and that the agency is exercising

due diligence in responding to the request, the court may retain

jurisdiction and allow the agency additional time to complete its

review of the records. Upon any determination by an agency to

comply with a request for records, the records shall be made

promptly available to such person making such request. Any

9 Public Law I 10-175 (121 Stat. 2524) (2007) section 6(b)(1)(B) amended section by inserting this sentence,

which became effective December 31, 2008.

589
notification of denial of any request for records under this

subsection shall set forth the names and titles or positions of each

person responsible for the denial of such request.

(ii) For purposes of this subparagraph, the term

"exceptional circumstances" does not include a delay that results

from a predictable agency workload of requests under this

section, unless the agency demonstrates reasonable progress in

reducing its backlog of pending requests.

(iii) Refusal by a person to reasonably modify the scope of

a request or arrange an alternative time frame for processing a

request (or a modified request) under clause (ii) after being given

an opportunity to do so by the agency to whom the person made

the request shall be considered as a factor in determining whether

exceptional circumstances exist for purposes of this

subparagraph.

(D)(i) Each agency may promulgate regulations, pursuant to

notice and receipt of public comment, providing for multitrack

processing of requests for records based on the amount of work or

time (or both) involved in processing requests.

(ii) Regulations under this subparagraph may provide a

person making a request that does not qualify for the fastest

multitrack processing an opportunity to limit the scope of the

request in order to qualify for faster processing.

(iii) This subparagraph shall not be considered to affect the

requirement under subparagraph (C) to exercise due diligence.

(E)(i) Each agency shall promulgate regulations, pursuant to

notice and receipt of public comment, providing for expedited

processing of requests for records-

(I) in cases in which the person requesting the

records demonstrates a compelling need; and

(II) in other cases determined by the agency.

(ii) Notwithstanding clause (i), regulations under this

subparagraph must ensure-

(I) that a determination of whether to provide

expedited processing shall be made, and notice of the

determination shall be provided to the person making

the request, within 10 days after the date of the request;

and

(II) expeditious consideration of administrative

appeals of such determinations of whether to provide

expedited processing.

(iii) An agency shall process as soon as practicable any

request for records to which the agency has granted expedited

processing under this subparagraph. Agency action to deny or

affirm denial of a request for expedited processing pursuant to

this subparagraph, and failure by an agency to respond in a

timely manner to such a request shall be subject to judicial

review under paragraph (4), except that the judicial review shall

be based on the record before the agency at the time of the

determination.

(iv) A district court of the United States shall not have

jurisdiction to review an agency denial of expedited processing

590
of a request for records after the agency has provided a complete

response to the request.

(v) For purposes of this subparagraph, the term "compelling

need" means-

(I) that a failure to obtain requested records on an

expedited basis under this paragraph could reasonably

be expected to pose an imminent threat to the life or

physical safety of an individual; or

(II) with respect to a request made by a person

primarily engaged in disseminating information,

urgency to inform the public concerning actual or

alleged Federal Government activity.

(vi) A demonstration of a compelling need by a person

making a request for expedited processing shall be made by a

statement certified by such person to be true and correct to the

best of such person's knowledge and belief.

(F) In denying a request for records, in whole or in part, an

agency shall make a reasonable effort to estimate the volume of

any requested matter the provision of which is denied, and shall

provide any such estimate to the person making the request, unless

providing such estimate would harm an interest protected by the

exemption. in subsection (b) pursuant to which the denial is made.

(7) Each agency shall-

(A) establish a system to assign an individualized tracking

number for each request received that will take longer than ten days

to process and provide to each person making a request the tracking

number assigned to the request; and

(B) establish a telephone line or Internet service that provides

information about the status of a request to the person making the

request using the assigned tracking number, including-

(i) the date on which the agency originally received the

request; and

(ii) an estimated date on which the agency will complete

action on the request. 10

(b) This section does not apply to matters that are-

(1)(A) specifically authorized under criteria established by an

Executive order to be kept secret in the interest of national defense or

foreign policy and (B) are in fact properly classified pursuant to such

Executive Order;

(2) related solely to the internal personnel rules and practices of an

agency;

(3) specifically exempted from disclosure by statute (other than section

552b of this title), provided that such statute (A) requires that the matters

be withheld from the public in such a manner as to leave no discretion on

the issue, or (B) establishes particular criteria for withholding or refers to

particular types of matters to be withheld;

10 Public Law 110-175 (121 Stat. 2524) (2007) section 7(a) amended section by inserting sub-section (7), which

became effective December 31, 2008.

591
(4) trade secrets and commercial or financial information obtained

from a person and privileged or confidential;

(5) inter-agency or intra-agency memorandums or letters which would

not be available by law to a party other than an agency in litigation with

the agency;

(6) personnel and medical files and similar files the disclosure of

which would constitute a clearly unwarranted invasion of personal

privacy;

(7) records or information compiled for law enforcement purposes, but

only to the extent that the production of such law enforcement records or

information (A) could reasonably be expected to interfere with

enforcement proceedings, (B) would deprive a person of a right to a fair

trial or an impartial adjudication, (C) could reasonably be expected to

constitute an unwarranted invasion of personal privacy, (D) could

reasonably be expected to disclose the identity of a confidential source,

including a State, local, or foreign agency or authority or any private

institution which furnished information on a confidential basis, and, in a

case of a record or information compiled by criminal law enforcement

authority in the course of a criminal investigation or by an agency

conducting a lawful national security intelligence investigation,

information furnished by a confidential source, (E) would disclose

techniques and procedures for law enforcement investigations or

prosecutions, or would disclose guidelines for law enforcement

investigations or prosecutions if such disclosure could reasonably be

expected to risk circumvention of the law, or (F) could reasonably be

expected to endanger the life or physical safety of any individual;

(8) contained in or related to examination, operating, or condition

reports prepared by, on behalf of, or for the use of an agency responsible

for the regulation or supervision of financial institutions; or

(9) geological and geophysical information and data, including maps,

concerning wells.

Any reasonably segregable portion of a record shall be provided to

any person requesting such record after deletion of the portions which are

exempt under this subsection. The amount of information deleted, and the

exemption under which the deletion is made, shall be indicated on the

released portion of the record, unless including that indication would harm

an interest protected by the exemption in this subsection under which the

deletion is made. If technically feasible, the amount of the information

deleted, and the exemption under which the deletion is made,II shall be

indicated at the place in the record where such deletion is made.

(c)(1) Whenever a request is made which involves access to records

described in subsection (b)(7)(A) and-

(A) the investigation or proceeding involves a possible

violation of criminal law; and

(B) there is reason to believe that (i) the subject of the

investigation or proceeding is not aware of its pendency, and (ii)

disclosure of the existence of the records could reasonably be

expected to interfere with enforcement proceedings, the agency may,

t Public Law 110-175 (121 Stat. 2524) (2007) section 12 amended section by inserting ", and the exemption

under which the deletion is made," in this sentence and in the previous sentence.

592
during only such time as that circumstance continues, treat the

records as not subject to the requirements of this section.

(2) Whenever informant records maintained by a criminal law

enforcement agency under an informant's name or personal identifier

are requested by a third party according to the informant's name or

personal identifier, the agency may treat the records as not subject to

the requirements of this section unless the informant's status as an

informant has been officially confirmed.

(3) Whenever a request is made which involves access to records

maintained by the Federal Bureau of Investigation pertaining to

foreign intelligence or counterintelligence, or international terrorism,

and the existence of the records is classified information as provided in

subsection (b)(1), the Bureau may, as long as the existence of the

records remains classified information, treat the records as not subject

to the requirements of this section.

(d) This section does not authorize withholding of information or limit the

availability of records to the public, except as specifically stated in this

section. This section is not authority to withhold information from

Congress.

(e)(1) On or before February 1 of each year, each agency shall submit to

the Attorney General of the United States a report which shall cover the

preceding fiscal year and which shall include-

(A) the number of determinations made by the agency not to

comply with requests for records made to such agency under

subsection (a) and the reasons for each such determination;

(B)(i) the number of appeals made by persons under subsection

(a)(6), the result of such appeals, and the reason for the action upon

each appeal that results in a denial of information; and

(ii) a complete list of all statutes that the agency relies

upon to authorize the agency to withhold information under

subsection (b)(3), the number of occasions on which each statute

was relied upon,12 a description of whether a court has upheld the

decision of the agency to withhold information under each such

statute, and a concise description of the scope of any information

withheld;

(C) the number of requests for records pending before the

agency as of September 30 of the preceding year, and the median and

average13 number of days that such requests had been pending before

the agency as of that date;

(D) the number of requests for records received by the agency

and the number of requests which the agency processed;

(E) the median number of days taken by the agency to process

different types of requests, based on the date on which the requests

were received by the agency;14

12 Public Law 110-175 (121 Stat. 2524) (2007) section 8(a)(1) amended section by inserting "the number of

occasions on which each statute was relied upon".

13 Public Law 110-175 (121 Stat. 2524) (2007) section 8(a)(2) amended section by inserting "and average".

14 Public Law 110-175 (121 Stat. 2524) (2007) section 8(a)(3) amended section by inserting "based on the date

on which the requests were received by the agency".

593
(F) the average number of days for the agency to respond to a

request beginning on the date on which the request was received by

the agency, the median number of days for the agency to respond to

such requests, and the range in number of days for the agency to

respond to such requests;

(G) based on the number of business days that have elapsed

since each request was originally received by the agency-

(i) the number of requests for records to which the agency

has responded with a determination within a period up to and

including 20 days, and in 20-day increments up to and including

200 days;

(ii) the number of requests for records to which the agency

has responded with a determination within a period greater than

200 days and less than 301 days;

(iii) the number of requests for records to which the agency

has responded with a determination within a period greater than

300 days and less than 401 days; and

(iv) the number of requests for records to which the agency

has responded with a determination within a period greater than

400 days;

(H) the average number of days for the agency to provide the

granted information beginning on the date on which the request was

originally filed, the median number of days for the agency to provide

the granted information, and the range in number of days for the

agency to provide the granted information;

(I) the median and average number of days for the agency to

respond to administrative appeals based on the date on which the

appeals originally were received by the agency, the highest number of

business days taken by the agency to respond to an administrative

appeal, and the lowest number of business days taken by the agency

to respond to an administrative appeal;

(J) data on the 10 active requests with the earliest filing dates

pending at each agency, including the amount of time that has elapsed

since each request was originally received by the agency;

(K) data on the 10 active administrative appeals with the

earliest filing dates pending before the agency as of September 30 of

the preceding year, including the number of business days that have

elapsed since the requests were originally received by the agency;

(L) the number of expedited review requests that are granted

and denied, the average and median number of days for adjudicating

expedited review requests, and the number adjudicated within the

required 10 days;

594
(M) the number of fee waiver requests that are granted and

denied, and the average and median number of days for adjudicating

fee waiver determinations; 15

(N) the total amount of fees collected by the agency for

processing requests; and

(0) the number of full-time staff of the agency devoted to

processing requests for records under this section, and the total

amount expended by the agency for processing such requests.

(2) Information in each report submitted under paragraph (1) shall

be expressed in terms of each principal component of the agency and

for the agency overall. 16

(3) Each agency shall make each such report available to the public

including by computer telecommunications, or if computer

telecommunications means have not been established by the agency,

by other electronic means. In addition, each agency shall make the raw

statistical data used in its reports available electronically to the public

upon request.17

(4) The Attorney General of the United States shall make each

report which has been made available by electronic means available at

a single electronic access point. The Attorney General of the United

States shall notify the Chairman and ranking minority member of the

Committee on Government Reform and Oversight of the House of

Representatives and the Chairman and ranking minority member of the

Committees on Governmental Affairs and the Judiciary of the Senate,

no later than April 1 of the year in which each such report is issued,

that such reports are available by electronic means.

(5) The Attorney General of the United States, in consultation with

the Director of the Office of Management and Budget, shall develop

reporting and performance guidelines in connection with reports

required by this subsection by October 1, 1997, and may establish

additional requirements for such reports as the Attorney General

determines may be useful.

(6) The Attorney General of the United States shall submit an

annual report on or before April 1 of each calendar year which shall

include for the prior calendar year a listing of the number of cases

arising under this section, the exemption involved in each case, the

disposition of such case, and the cost, fees, and penalties assessed

under subparagraphs (E), (F), and (G) of subsection (a)(4). Such report

shall also include a description of the efforts undertaken by the

Department of Justice to encourage agency compliance with this

section.

(f) For purposes of this section, the term-

(1) "agency" as defined in section 551 (1) of this title includes any

executive department, military department, Government corporation,

Government controlled corporation, or other establishment in the

"Public Law 110-175 (121 Stat. 2524) (2007) section 8(a) amended section by redesignating sections (F) and

(G) as (N) and (0) and then adding new sub-sections (F) through (M). 6 Public Law 110-175 (121 Stat. 2524) (2007) section 8(b) amended section by redesignating paragraphs (2)

through (5) as (3) through (6) and adding new paragraph (2). 17 Public Law 110-175 (121 Stat. 2524) (2007) section 8(c) amended section by inserting this sentence.

595
executive branch of the Government (including the Executive Office

of the President), or any independent regulatory agency; and

(2) 'record' and any other term used in this section in reference to

information includes-

(A) any information that would be an agency record subject to

the requirements of this section when maintained by an agency in any

format, including an electronic format; and

(B) any information described under subparagraph (A) that is

maintained for an agency by an entity under Government contract, for

the purposes of records management.18 (2) "record" and any other

term used in this section in reference to information includes any

information that would be an agency record subject to the

requirements of this section when maintained by an agency in any

format, including an electronic format.

(g) The head of each agency shall prepare and make publicly available

upon request, reference material or a guide for requesting records or

information from the agency, subject to the exemptions in subsection (b),

including-

(1) an index of all major information systems of the agency;

(2) a description of major information and record locator systems

maintained by the agency; and

(3) a handbook for obtaining various types and categories of public

information from the agency pursuant to chapter 35 of title 44, and

under this section.19

(h)(1) There is established the Office of Government Information Services

within the National Archives and Records Administration.

(2) The Office of Government Information Services shall-

(A) review policies and procedures of administrative agencies

under this section;

(B) review compliance with this section by administrative

agencies; and

(C) recommend policy changes to Congress and the President

to improve the administration of this section.

(3) The Office of Government Information Services shall offer

mediation services to resolve disputes between persons making

requests under this section and administrative agencies as a

nonexclusive alternative to litigation and, at the discretion of the

Office, may issue advisory opinions if mediation has not resolved the

dispute.

(i) The Government Accountability Office shall conduct audits of

administrative agencies on the implementation of this section and issue

reports detailing the results of such audits.

" Public Law 110-175 (121 Stat. 2524) (2007) section 9 struck paragraph 2 and substituted new language.

Previously, paragraph 2 read as follows: "(2) 'record' and any other term used in this section in reference to

information includes any information that would be an agency record subject to the requirements of this section

when maintained by an agency in any format, including an electronic format.".

1

9

As amended, Public Law 104-23 1, secs. 3-11, (110 Stat. 3049 to3054), Oct. 2, 1996.

596
(j) Each agency shall designate a Chief FOIA Officer who shall be a

senior official of such agency (at the Assistant Secretary or equivalent

level).

(k) The Chief FOIA Officer of each agency shall, subject to the authority

of the head of the agency-

(1) have agency-wide responsibility for efficient and

appropriate compliance with this section;

(2) monitor implementation of this section throughout the

agency and keep the head of the agency, the chief legal officer of the

agency, and the Attorney General appropriately informed of the

agency's performance in implementing this section;

(3) recommend to the head of the agency such adjustments to

agency practices, policies, personnel, and funding as may be necessary

to improve its implementation of this section;

(4) review and report to the Attorney General, through the head

of the agency, at such times and in such formats as the Attorney

General may direct, on the agency's performance in implementing this

section;

(5) facilitate public understanding of the purposes of the

statutory exemptions of this section by including concise descriptions

of the exemptions in both the agency's handbook issued under

subsection (g), and the agency's annual report on this section, and by

providing an overview, where appropriate, of certain general

categories of agency records to which those exemptions apply; and

(6) designate one or more FOIA Public Liaisons.

(1) FOIA Public Liaisons shall report to the agency Chief FOIA Officer

and shall serve as supervisory officials to whom a requester under this

section can raise concerns about the service the requester has received

from the FOIA Requester Center, following an initial response from the

FOIA Requester Center Staff. FOIA Public Liaisons shall be responsible

for assisting in reducing delays, increasing transparency and

understanding of the status of requests, and assisting in the resolution of

disputes.20

Sec. 552a. Records Maintained On Individuals

(a) DEFINITIONS.-For purposes of this section-

(1) the term "agency" means agency as defined in section 552(e) of

this title;

(2) the term "individual" means a citizen of the United States or an

alien lawfully admitted for permanent residence;

(3) the term "maintain" includes maintain, collect, use, or

disseminate;

(4) the term "record" means any item, collection, or grouping of

information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions,

20 Public Law 110-175 (121 Stat. 2524) (2007) section 10(a) amended section by adding sections (h) through

(i). 597
medical history, and criminal or employment history and that

contains his name, or the identifying number, symbol, or other

identifying particular assigned to the individual, such as a finger or

voice print or a photograph;

(5) the term "system of records" means a group of any records

under the control of any agency from which information is retrieved

by the name of the individual or by some identifying number, symbol,

or other identifying particular assigned to the individual;

(6) the term "statistical record" means a record in a system of

records maintained for statistical research or reporting purposes only

and not used in whole or in part in making any determination about

an identifiable individual, except as provided by section 8 of title 13;

and

(7) the term "routine use" means, with respect to the disclosure of a

record, the use of such record for a purpose which is compatible with

the purpose for which it was collected.

(8) the term "matching program"-

(A) means any computerized comparison of-

(i) two or more automated systems of records or a system of

records with non-Federal records for the purpose of-

(1) establishing or verifying the eligibility of, or

continuing compliance with statutory and regulatory requirements by,

applicants for, recipients or beneficiaries of, participants in, or

providers of services with respect to, cash or in-kind assistance or

payments under Federal benefits programs, or

(II) recouping payments or delinquent debts under such

Federal benefit programs, or

(ii) two or more automated Federal personnel or payroll

systems of records or a system of Federal personnel or payroll records

with non-Federal records,

(B) but does not include-

(i) matches performed to produce aggregate statistical data

without any personal identifiers;

(ii) matches performed to support any research or statistical

project, the specific data of which may not be used to make decisions

concerning the rights, benefits, or privileges of specific individuals;

(iii) matches performed, by an agency (or component

thereof) which performs as its principal function any activity

pertaining to the enforcement of criminal laws, subsequent to the

initiation of a specific criminal or civil law enforcement investigation

of a named person or persons for the purpose of gathering evidence

against such person or persons;

(iv) matches of tax information-

(I) pursuant to section 6103(d) of the Internal Revenue

Code of 1986,

(II) for purposes of tax administration as defined in

section 6103(b)(4) of such Code,

(III) for the purpose of intercepting a tax refund due an

individual under authority granted by section 404(e), 464, or 1137 of

the Social Security Act; or

(IV) for the purpose of intercepting a tax refund due an

individual under any other tax refund intercept program authorized by

598
statute which has been determined by the Director of the Office of

Management and Budget to contain verification, notice, and hearing

requirements that are substantially similar to the procedures in section

1137 of the Social Security Act;

(v) matches-

(1) using records predominantly relating to Federal

personnel, that are performed for routine administrative purposes

(subject to guidance provided by the Director of the Office of

Management and Budget pursuant to subsection (v)); or

(II) conducted by an agency using only records from

systems of records maintained by that agency; if the purpose of the

match is not to take any adverse financial, personnel, disciplinary, or

other adverse action against Federal personnel.

(vi) matches performed for foreign counterintelligence

purposes or to produce background checks for security clearances of

Federal personnel or Federal contractor personnel;

(vii) matches performed incident to a levy described in

section 6103(k)(8) of the Internal Revenue Code of 1986; or

(viii) matches performed pursuant to section 202(x)(3) or

16119e)(l) of the Social Security Act;

(9) the term "recipient agency" means any agency, or contractor

thereof, receiving records contained in a system of records from a

source agency for use in a matching program;

(10) the term "non-Federal agency" means any State or local

government, or agency thereof, which receives records contained in a

system of records from a source agency for use in a matching

program;

(11) the term "source agency" means any agency which discloses

records contained in a system of records to be used in a matching

program, or any State or local government, or agency thereof, which

discloses records to be used in a matching program;

(12) the term "Federal benefit program" means any program

administered or funded by the Federal Government, or by any agent

or State on behalf of the Federal Government, providing cash or inkind assistance in the form of payments, grants, loans, or loan

guarantees to individuals; and

(13) the term "Federal personnel" means officers and employees of

the Government of the United States, members of the uniformed

services (including members of the Reserve Components),

individuals entitled to receive immediate or deferred retirement

benefits under any retirement program of the Government of the

United States (including survivor benefits).

(b) CONDITIONS OF DISCLOSURE-No agency shall disclose any

record which is contained in a system of records by any means of

communication to any person, or to another agency, except pursuant to a

written request by, or with the prior written consent of, the individual to

whom the record pertains, unless disclosure of the record would be-

(1) to those officers and employees of the agency which maintains

the record who have a need for the record in the performance of their

duties;

(2) required under section 552 of this title;

599
(3) for a routine use as defined in subsection (a)(7) of this section

and described under subsection (e)(4)(D) of this section;

(4) to the Bureau of the Census for purposes of planning or

carrying out a census or survey or related activity pursuant to the

provisions of Title 13;

(5) to a recipient who has provided the agency with advance

adequate written assurance that the record will be used solely as a

statistical research or reporting record, and the record is to be

transferred in a form that is not individually identifiable;

(6) to the National Archives of the United States as a record which

has sufficient historical or other value to warrant its continued

preservation by the United States Government, or for evaluation by

the Administrator of General Services or his designee to determine

whether the record has such value;

(7) to another agency or to an instrumentality of any governmental

jurisdiction within or under the control of the United States for a civil

or criminal law enforcement activity if the activity is authorized by

law, and if the head of the agency or instrumentality has made a

written request to the agency which maintains the record specifying

the particular portion desired and law enforcement activity for which

the record is sought;

(8) to a person pursuant to a showing of compelling circumstances

affecting the health or safety of an individual if upon such disclosure

notification is transmitted to the last known address of such

individual;

(9) to either House of Congress, or, to the extent of matter within

its jurisdiction, any committee or subcommittee thereof, any joint

committee of Congress or subcommittee of any such joint committee;

(10) to the Comptroller General, or any of his authorized

representatives, in the course of the performance of the duties of the

General Accounting OfficeGovernment Accountability Office;

(11) pursuant to the order of a court of competent jurisdiction; or

(12) to a consumer reporting agency in accordance with section

3711 (f) of title 31.

(c) ACCOUNTING OF CERTAIN DISCLOSURES.-Each agency,

with respect to each system of records under its control, shall-

(]) except for disclosures made under subsections (b)(1) or (b)(2)

of this section, keep an accurate accounting of-

(A) the date, nature, and purpose of each disclosure of a record

to any person or to another agency made under subsection (b) of this

section; and

(B) the name and address of the person or agency to whom the

disclosure is made;

(2) retain the accounting made under paragraph (1) of this

subsection for at least five years or the life of the record, whichever is

longer, after the disclosure for which the accounting is made;

(3) except for disclosures made under subsection (b)(7) of this

section, make the accounting made under paragraph (1) of this

subsection available to the individual named in the record at his

request; and

(4) inform any person or other agency about any correction or

notation of dispute made by the agency in accordance with subsection

600
(d) of this section of any record that has been disclosed to the person

or agency if an accounting of the disclosure was made.

(d) ACCESS TO RECORDS.-Each agency that maintains a system of

records shall-

(1) upon request by any individual to gain access to his record or

any information pertaining to him which is contained in the system,

permit him and upon his request, a person of his own choosing to

accompany him, to review the record and have a copy made of all or

any portion thereof in a form comprehensible to him, except that the

agency may require the individual to furnish a written statement

authorizing discussion of that individual's record in the

accompanying person's presence;

(2) permit the individual to request amendment of a record

pertaining to him and-

(A) not later than 10 days (excluding Saturdays, Sundays, and

legal public holidays) after the date of receipt of such request,

acknowledge in writing such receipt; and-

(B) promptly, either-

(i) make any correction of any portion thereof which the

individual believes is not accurate, relevant, timely, or complete; or

(ii) inform the individual of its refusal to amend the record

in accordance with his request, the reason for the refusal, the

procedures established by the agency for the individual to request a

review of that refusal by the head of the agency or an officer

designated by the head of the agency, and the name and business

address of that official;

(3) permit the individual who disagrees with the refusal of the

agency to amend his record to request a review of such refusal, and

not later than 30 days (excluding Saturdays, Sundays, and legal

public holidays) from the date on which the individual requests such

review, complete such review and make a final determination unless,

for good cause shown, the head of the agency extends such 30-day

period; and, if after his review, the reviewing official also refuses to

amend the record in accordance with the request, permit the

individual to file with the agency a concise statement setting forth the

reasons for his disagreement with the refusal of the agency, and

notify the individual of the provisions for judicial review of the

reviewing official's determination under subsection (g)(1)(A) of this

section;

(4) in any disclosure, containing information about which the

individual has filed a statement of disagreement, occurring after the

filing of the statement under paragraph (3) of this subsection, clearly

note any portion of the record which is disputed and provide copies of

the statement and, if the agency deems it appropriate, copies of a

concise statement of the reasons of the agency for not making the

amendments requested, to persons or other agencies to whom the

disputed record has been disclosed; and

(5) nothing in this section shall allow an individual access to any

information compiled in reasonable anticipation of a civil action or

proceeding.

(e) AGENCY REQUIREMENTS.-Each agency that maintains a

system of records shall601
(1) maintain in its records only such information about an

individual as is relevant and necessary to accomplish a purpose of the

agency required to be accomplished by statute or by executive order

of the President;

(2) collect information to the greatest extent practicable directly

from the subject individual when the information may result in

adverse determinations about an individual's rights, benefits, and

privileges under Federal programs;

(3) inform each individual whom it asks to supply information, on

the form which it uses to collect the information or on a separate form

that can be retained by the individual-

(A) the authority (whether granted by statue, or by executive

order of the President) which authorizes the solicitation of the

information and whether disclosure of such information is mandatory

or voluntary;

(B) the principal purpose or purposes for which the information

is intended to be used;

(C) the routine uses which may be made of the information, as

published pursuant to paragraph (4)(D) of this subsection; and

(D) the effects on him, if any, of not providing all or any part of

the requested information;

(4) subject to the provisions of paragraph (11) of this subsection,

publish in the Federal Register upon establishment or revision a

notice of the existence and character of the system of records, which

notice shall include-

(A) the name and location of the system;

(B) the categories of individuals on whom records are

maintained in the system;

(C) the categories of records maintained in the system;

(D) each routine use of the records contained in the system,

including the categories of users and the purpose of such use;

(E) the policies and practices of the agency regarding storage,

retrievability, access controls, retention, and disposal of the records;

(F) the title and business address of the agency official who is

responsible for the system of records;

(G) the agency procedures whereby an individual can be

notified at his request if the system of records contains a record

pertaining to him;

(H) the agency procedures whereby an individual can be

notified at his request how he can gain access to any record pertaining

to him contained in the system of records, and how he can contest its

content; and

(I) the categories of sources of records in the system;

(5) maintain all records which are used by the agency in making

any determination about any individual with such accuracy,

relevance, timeless, and completeness as is reasonably necessary to

assure fairness to the individual in the determination;

(6) prior to disseminating any record about an individual to any

person other than an agency, unless the dissemination is made

pursuant to subsection (b)(2) of this section, make reasonable efforts

to assure that such records are accurate, complete, timely, and

relevant for agency purposes;

602
(7) maintain no record describing how any individual exercises

rights guaranteed by the First Amendment unless expressly

authorized by statute or by the individual about whom the record is

maintained or unless pertinent to and within the scope of an

authorized law enforcement activity;

(8) make reasonable efforts to serve notice on an individual when

any record on such individual is made available to any person under

compulsory legal process when such process becomes a matter of

public record;

(9) establish rules of conduct for persons involved in the design,

development, operation, or maintenance of any system of records, or

in maintaining any record, and instruct each such person with respect

to such rules and the requirements of this section, including any other

rules and procedures adopted pursuant to this section and the

penalties for noncompliance;

(10) establish appropriate administrative, technical, and physical

safeguards to insure the security and confidentiality of records and to

protect against any anticipated threats or hazards to their security or

integrity which could result in substantial harm, embarrassment,

inconvenience, or unfairness to any individual on whom information

is maintained; and

(11) at least 30 days prior to publication of information under

paragraph (4)(D) of this subsection, publish in the Federal Register

notice of any new use or intended use of the information in the

system, and provide an opportunity for interested persons to submit

written data, views, or arguments to the agency.

(12) if such agency is a recipient agency or a source agency in a

matching program with a non-Federal agency, with respect to any

establishment or revision of a matching program, at least 30 days

prior to conducting such program, publish in the Federal Register

notice of such establishment or revision.

(0 AGENCY RULES.-In order to carry out the provisions of this

section, each agency that maintains a system of records shall promulgate

rules, in accordance with the requirement (including general notice) of

section 553 of this title, which shall-

(1) establish procedures whereby an individual can be notified in

response to his request if any system of records named by the

individual contains a record pertaining to him;

(2) define reasonable times, places, and requirements for

identifying an individual who requests his record or information

pertaining to him before the agency shall make the record or

information available to the individual;

(3) establish procedures for the disclosure to an individual upon his

request of his record or information pertaining to him, including

special procedures, if deemed necessary, for the disclosure to an

individual of medical records, including psychological records

pertaining to him;

(4) establish procedures for reviewing a request from an individual

concerning the amendment to any record or information pertaining to

the individual, for making a determination on the request, for an

appeal within the agency of an initial adverse agency determination,

and for whatever additional means may be necessary for each

603
individual to be able to exercise fully his rights under this section;

and

(5) establish fees to .be charged, if any, to any individual for

making copies of his record, excluding the cost of any search for and

review of the record.

The Office of the Federal Register shall annually compile and

publish the rules promulgated under this subsection and agency

notices published under subsection (e)(4) of this section in a form

available to the public at low cost.

(g)(1) CIVIL REMEDIES.-Whenever any agency-

(A) makes a determination under subsection (d)(3) of this

section not to amend an individual's record in accordance with his

request, or fails to make such review in conformity with that

subsection;

(B) refuses to comply with an individual request under

subsection (d)(1) of this section;

(C) fails to maintain any record concerning any individual with

such accuracy, relevance, timeliness, and completeness as is

necessary to assure fairness in any determination relating to the

qualification, character, rights, or opportunities of, or benefits to the

individual that may be made on the basis of such record, and

consequently a determination is made which is adverse to the

individual; or

(D) fails to comply with any other provisions of this section, or

any rule promulgated thereunder, in such a way as to have an adverse

effect on an individual, the individual may bring a civil action against

the agency, and the district courts of the United States shall have

jurisdiction in the matters under the provisions of this subsection.

(2)(A) In any suit brought under the provisions of subsection

(g)(1)(A) of this section, the court may order the agency to amend the

individual's record in accordance with his request or in such other

way as the court may direct. In such case the court shall determine the

matter de novo.

(B) The court may assess against the United States reasonable

attorney fees and other litigation costs reasonably incurred in any

case under this paragraph in which the complainant has substantially

prevailed.

(3)(A) In any suit brought under the provisions of subsection

(g)(1)(B) of this section, the court may enjoin the agency from

withholding the records and order the production to the complainant

of any agency records improperly withheld from him. In such a case

the court shall determine the matter de novo, and may examine the

contents of any agency records in camera to determine whether the

records or any portion thereof may be withheld under any of the

exemptions set forth in subsection (k) of this section, and the burden

is on the agency to sustain its action.

(B) The court may assess against the United States reasonable

attorney fees and other litigation costs reasonably incurred in any

case under this paragraph in which the complainant has substantially

prevailed.

(4) In any suit brought under the provisions of subsection (g)(1)(C)

or (D) of this section in which the court determines that the agency

604
acted in a manner which was intentional or willful, the United States

shall be liable to the individual in an amount equal to the sum of-

(A) actual damages sustained by the individual as a result of

the refusal or failure, but in no case shall a person entitled to recovery

receive less than the sum of $1,000; and

(B) the costs of the action together with reasonable attorney

fees as determined by the court.

(5) An action to enforce any liability created under this section

may be brought in the district court of the United States in the district

in which the complainant resides, or has his principal place of

business, or in which the agency records are situated, or in the

District of Columbia, without regard to the amount in controversy,

within two years from the date on which the cause of action arises,

except that where an agency has materially and willfully

misrepresented any information required under this section to be

disclosed to an individual and the information so misrepresented is

material to establishment of the liability of the agency to the

individual under this section, the action may be brought at any time

within two years after discovery by the individual of the

misrepresentation. Nothing in this section shall be construed to

authorize any civil action by reason of any injury sustained as the

result of a disclosure of a record prior to September 27, 1975.

(h) RIGHTS OF LEGAL GUARDIANS.-For the purpose of this

section, the parent of any minor, or the legal guardian of any individual

who has been declared to be incompetent due to physical or mental

incapacity or age by a court of competent jurisdiction, may act on behalf

of the individual.

(i)(1) CRIMINAL PENALTIES.-Any officer or employee of an

agency, who by virtue of his employment or official position, has

possession of, or access to, agency records which contain individually

identifiable information the disclosure of which is prohibited by this

section or by rules or regulations established thereunder, and who

knowing that disclosure of the specific material is so prohibited,

willfully discloses the material in any manner to any person or agency

not entitled to receive it, shall be guilty of a misdemeanor and fined

not more than $5,000.

(2) Any officer or employee of any agency who willfully

maintains a system of records without meeting the notice

requirements of subsection (e)(4) of this section shall be guilty of a

misdemeanor or fined not more than $5,000.

(3) Any person who knowingly and willfully requests or obtains

any record concerning an individual from an agency under false

pretenses shall be guilty of a misdemeanor and fined not more than

$5,000.

(j) GENERAL EXEMPTIONS.-The head of any agency may

promulgate rules, in accordance with the requirements (including general

notice) of sections 553(b)(1), (2) and (3), (c), and (e) of this title, to

exempt any system of records within the agency from any part of this

section except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6),

(7), (9), (10) and (11), and (i) if the system of records is-

(1) maintained by the Central Intelligence Agency; or

605
(2) maintained by an agency or component thereof which performs

as its principal function any activity pertaining to the enforcement of

criminal laws, including police efforts to prevent, control, or reduce

crime or to apprehend criminals, and the activities of prosecutors,

courts, correctional, probation, pardon, or parole authorities, and

which consists of (A) information compiled for the purpose of

identifying individual criminal offenders and alleged offenders and

consisting only of identifying data and notations of arrests, the nature

and disposition of criminal charges, sentencing, confinement, release,

and parole and probation status; (B) information compiled for the

purpose of a criminal investigation, including reports of informants

and investigators, and associated with an identifiable individual; or

(C) reports identifiable to an individual compiled at any stage of the

process of enforcement of the criminal laws from arrest or indictment

through release from supervision.

At the time rules are adopted under this subsection, the agency

shall include in the statement required under section 553(c) of this

title, the reasons why the system of records is to be exempted from a

provision of this section.

(k) SPECIFIC EXEMPTIONS.-The head of any agency may

promulgate rules, in accordance with the requirements (including general

notice) of sections 553(b)(1), (2), and (3), (c), and (e) of this title, to

exempt any system of records within the agency from subsections (c)(3),

(d), (e) (1), (e) (4) (G), (H), and (I) and (f) of this section if the system of

records is-

(1) subject to the provisions of section 552(b)(1) of this title;

(2) investigatory material compiled for law enforcement purposes,

other than material within the scope of subsection 0)(2) of this

section: Provided, however, That if any individual is denied any right,

privilege, or benefit that he would otherwise be entitled by Federal

law, or for which he would otherwise be eligible, as a result of the

maintenance of such material, such material shall be provided to such

individual, except to the extent that the disclosure of such material

would reveal the identity of a source who furnished information to the

Government under an express promise that the identity of the source

would be held in confidence, or, prior to the effective date of this

section, under an implied promise that the identity of the source

would be held in confidence;

(3) maintained in connection with providing protective services to

the President of the United States or other individuals pursuant to

section 3056 of title 18;

(4) required by statute to be maintained and used solely as

statistical records;

(5) investigatory material compiled solely for the purpose of

determination suitability, eligibility, or qualifications for Federal

civilian employment, military service, Federal contracts, or access to

classified information, but only to the extent that the disclosure of

such material would reveal the identity of a source who furnished

information to the Government under an express promise that the

identity of the source would be held in confidence, or, prior to the

effective date of this section, under an implied promise that the

identity of the source would be held in confidence;

606
(6) testing or examination material used solely to determine

individual qualifications for appointment or promotion in the Federal

service the disclosure of which would compromisethe objectivity or

fairness of the testing or examination process; or

(7) evaluation material used to determine potential for promotion

in the armed services, but only to the extent that the disclosure of

such material would reveal the identity of a source who furnished

information to the Government under an express promise that the

identity of the source would be held in confidence, or, prior to the

effective date of this section, under an implied promise that the

identity of the source would be held in confidence.

At the time rules are adopted under this subsection, the agency

shall include in the statement required under section 553(c) of this

title the reasons why the system of records is to be exempted from a

provision of this section.

(1)(1) ARCHIVAL RECORDS.-Each agency record which is accepted

by the Administrator of General Services for storage, processing, and

servicing in accordance with section 3103 of title 44 shall, for the

purposes of this section, be considered to be maintained by the

agency which deposited the record and shall be subject to the

provisions of this section. The Administrator of General Services

shall not disclose the record except to the agency which maintains the

record, or under rules established by that agency which are not

inconsistent with the provisions of this section.

(2) Each agency record pertaining to an identifiable individual

which was transferred to the National Archives of the United States

as a record which has sufficient historical or other value to warrant its

continued preservation by the United States Government, prior to the

effective date of this section, shall, for the purposes of this section, be

considered to be maintained by the National Archives and shall not be

subject to the provisions of this section, except that a statement

generally describing such records (modeled after the requirement

relating to records subject to subsections (e)(4)(A) through (G) of this

section) shall be published in the Federal Register.

(3) Each agency record pertaining to an identifiable individual

which is transferred to the National Archives of the United States as a

record which has sufficient historical or other value to warrant its

continued preservation by the United States Government, on or after

the effective date of this section, shall, for the purposes of this

section, be considered to be maintained by the National Archives and

shall be exempt from the requirements of this section except

subsections (e)(4)(A) through(G) and (e)(9) of this section.

(m)(1) GOVERNMENT CONTRACTORS.-When an agency

provides by a contract for the operation by or on behalf of the agency

of a system of records to accomplish an agency function, the agency

shall, consistent with its authority, cause the requirements of this

section to be applied to such system. For purposes of subsection (i) of

this section any such contractor and any employee of such contractor,

if such contract is agreed to on or after the effective date of this

section, shall be considered to be an employee of an agency.

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(2) A consumer reporting agency to which a record is disclosed

under section 3711 (e) of title 31 shall not be considered a contractor

for the purposes of this section,

(n) MAILING LISTS.-An individual's name and address may not be

sold or rented by an agency unless such action is specifically authorized

by law. This provision shall not be construed to require the withholding

of names and addresses otherwise permitted to be made public.

(o) MATCHING AGREEMENTS.-

(1) No record which is contained in a system of records may be

disclosed to a recipient agency or non-Federal agency for use in a

computer matching program except pursuant to a written agreement

between the source agency and the recipient agency or non-Federal

agency specifying-

(A) the purpose and legal authority for conducting the program;

(B) the justification for the program and the anticipated results,

including a specific estimate of any savings;

(C) a description of the records that will be matched, including

each data element that will be used, the approximate number of

records that will be matched, and the projected starting and

completion dates of the matching program;

(D) procedures for providing individualized notice at the time

of application, and notice periodically thereafter as directed by the

Data -Integrity Board of such agency (subject to guidance provided by

the Director of the Office of Management and Budget pursuant to

subsection (v)), to-

(i) applicants for and recipients of financial assistance or

payments under Federal benefit programs, and

(ii) applicants for and holders of positions as Federal

personnel, that any information provided by such applicants,

recipients, holders, and individuals may be subject to verification

through matching programs;

(E) procedures for verifying information produced in such

matching program as required by subsection (p);

(F) procedures for the retention and timely destruction of

identifiable records created by a recipient agency or non-Federal

agency in such matching program;

(G) procedures for ensuring the administrative, technical, and

physical security of the records matched and the results of such

programs;

(H) prohibitions on duplication and redisclosure of records

provided by the source agency within or outside the recipient agency

or the non-Federal agency, except where required by law or essential

to the conduct of the matching program;

(I) procedures governing the use by a recipient agency or nonFederal agency of records provided in a matching program by a

source agency, including procedures governing return of the records

to the source agency or destruction of records used in such program;

(J) information on assessments that have been made on the

accuracy of the records that will be used in such matching program;

and

(K) that the Comptroller General may have access to all records

of a recipient agency or a non-Federal agency that the Comptroller

608
General deems necessary in order to monitor or verify compliance

with the agreement.

(2)(A) A copy of each agreement entered into pursuant to

paragraph (1) shall-

(i) be transmitted to the Committee on Governmental

Affairs of the Senate and the Committee on Government Operations

of the House of Representatives; and

(ii) be available upon request to the public.

(B) No such agreement shall be effective until 30 days after the

date on which such a copy is transmitted pursuant to subparagraph

(A)(i).

(C) Such an agreement shall remain in effect only for such

period, not to exceed 18 months, as the Data Integrity Board of the

agency determines is appropriate in light of the purposes, and length

of time necessary for the conduct, of the matching program.

(D) Within 3 months prior to the expiration of such an

agreement pursuant to subparagraph (C), the Data Integrity Board of

the agency may, without additional review, renew the matching

agreement for a current, ongoing matching program for not more than

one additional year if-

(i) such program will be conducted without any change; and

(ii) each party to the agreement certifies to the Board in

writing that the program has been conducted in compliance with the

agreement.

(p) VERIFICATION AND OPPORTUNITY TO CONTEST

FINDINGS-

(1) In order to protect any individual whose records are used in a

matching program, no recipient agency, non-Federal agency, or

source agency may suspend, terminate, reduce, or make a final denial

of any financial assistance or payment under a Federal benefit

program to such individual, or take other adverse action against such

individual, as a result of information produced by such matching

program, until-

(A)(i) the agency has independently verified the information; or

(ii) the Data Integrity Board of the agency, or in the case of

a non-Federal agency the Data Integrity Board of the source agency,

determines in accordance with guidance issued by the Director of the

Office of Management and Budget that-

(I) the information is limited to identification and

amount of benefits paid by the source agency under a Federal benefit

program; and

(II) there is a high degree of confidence that the

information provided to the recipient agency is accurate;

(B) the individual receives a notice from the agency containing

a statement of its findings and informing the individual of the

opportunity to contest such findings; and

(C)(i) the expiration of any time period established for the

program by statute or regulation for the individual to respond to that

notice; or

(ii) in the case of a program for which no such period is

established, the end of the 30-day period beginning on the date on

609
which notice under subparagraph (B) is mailed or otherwise provided

to the individual.

(2) Independent verification referred to in paragraph (1) requires

investigation and confirmation of specific information relating to an

individual that is used as a basis for an adverse action against the

individual, including where applicable investigation and confirmation

of-

(A) the amount of any asset or income involved;

(B) whether such individual actually has or had access to such

asset or income for such individual's own use; and

(C) the period or periods when the individual actually had such

asset or income.

(3) Notwithstanding paragraph (1), an agency may take any

appropriate action otherwise prohibited by such paragraph if the

agency determines that the public health or public safety may be

adversely affected or significantly threatened during any notice

period required by such paragraph.

(q) SANCTIONS-

(1) Notwithstanding any other provision of law, no source agency

may disclose any record which is contained in a system of records to

a recipient agency or non-Federal agency for a matching program if

such source agency has reason to believe that the requirements of

subsection (p), or any matching agreement entered into pursuant to

subsection (o), or both, are not being met by such recipient agency.

(2) No source agency may renew a matching agreement unless-

(A) the recipient agency or non-Federal agency has certified

that it has complied with the provisions of that agreement; and

(B) the source agency has no reason to believe that the

certification is inaccurate.

(r) REPORT ON NEW SYSTEMS AND MATCHING PROGRAMSEach agency that proposes to establish or make a significant change in a

system of records or a matching program shall provide adequate advance

notice of any such proposal (in duplicate) to the Committee on

Government Operations of the House of Representatives, the Committee

on Governmental Affairs of the Senate, and the Office of Management

and Budget in order to permit an evaluation of the probable or potential

effect of such proposal on the privacy or other rights of individuals.

(s) BIENNIAL REPORT.-The President shall biennially submit to the

Speaker of the House of Representatives and the President pro tempore of

the Senate a report-

(1) describing the actions of the director of the Office of

Management and Budget pursuant to section 6 of the Privacy Act of

1974 during the preceding 2 years;

(2) describing the exercise of individual rights of access and

amendment under this section during such years;

(3) identifying changes in or additions to systems of records;

(4) containing such other information concerning administration of

this section as may be necessary or useful to the congress in

reviewing the effectiveness of this section in carrying out the

purposes of the Privacy Act of 1974.

610
(t) EFFECT OF OTHER LAWS-

(1) No agency shall rely on any exemption contained in section

552 of this title to withhold from an individual any record which is

otherwise accessible to such individual under the provisions of this

section.

(2) No agency shall rely on any exemption in this section to

withhold from an individual any record which is otherwise accessible

to such individual under the provisions of section 552 of this title.

(u) DATA INTEGRITY BOARDS-

(I) Every agency conducting or participating in a matching

program shall establish a Data Integrity Board to oversee and

coordinate among the various components of such agency the

agency's implementation of this section.

(2) Each Data Integrity Board shall consist of senior officials

designated by the head of the agency, and shall include any senior

official designated by the head of the agency as responsible for

implementation of this section, and the inspector general of the

agency, if any. The inspector general shall not serve as chairman of

the Data Integrity Board.

(3) Each Data Integrity Board-

(A) shall review, approve, and maintain all written agreements

for receipt or disclosure of agency records for matching programs to

ensure compliance with subsection (o), and all relevant statutes,

regulations, and guidelines;

(B) shall review all matching programs in which the agency has

participated during the year, either as a source agency or recipient

agency, determine compliance with applicable laws, regulations,

guidelines, and agency agreements, and assess the costs and benefits

of such programs;

(C) shall review all recurring matching programs in which the

agency has participated during the year, either as a source agency or

recipient agency, for continued justification for such disclosures;

(D) shall compile an annual report, which shall be submitted to

the head of the agency and the Office of Management and Budget and

made available to the public on request, describing the matching

activities of the agency, including-

(i) matching programs in which the agency has participated

as a source agency or recipient agency;

(ii) matching agreements proposed under subsection (o) that

were disapproved by the Board;

(iii) any changes in membership or structure of the Board in

the preceding year;

(iv) the reasons for any waiver of the requirement in

paragraph (4) of this section for completion and submission of a costbenefit analysis prior to the approval of a matching program;

(v) any violations of matching agreements that have been

alleged or identified and any corrective action taken; and

(vi) any other information required by the Director of the

Office of Management and Budget to be included in such report;

(E) shall serve as a clearinghouse for receiving and providing

information on the accuracy, completeness, and reliability of records

used in matching programs;

611
(F) shall provide interpretation and guidance to agency

components and personnel on the requirements of this section for

matching programs;

(G) shall review agency recordkeeping and disposal policies

and practices for matching programs to assure compliance with this

section; and

(H) may review and report on any agency matching activities

that are not matching programs.

(4)(A) Except as provided in subparagraphs (B) and (C), a Data

Integrity Board shall not approve any written agreement for a

matching program unless the agency has completed and submitted to

such Board a cost-benefit analysis of the proposed program and such

analysis demonstrates that the program is likely to be cost effective.

(B) The Board may waive the requirements of subparagraph

(A) of this paragraph if it determines in writing, in accordance with

guidelines prescribed by the Director of the Office of Management

and Budget, that a cost-benefit analysis is not required.

(C) A cost-benefit analysis shall not be required under

subparagraph (A) prior to the initial approval of a written agreement

for a matching program that is specifically required by statute. Any

subsequent written agreement for such a program shall not be

approved by the Data Integrity Board unless the agency has submitted

a cost-benefit analysis of the program as conducted under the

preceding approval of such agreement.

(5)(A) If a matching agreement is disapproved by a Data Integrity

Board, any party to such agreement may appeal the disapproval to the

Director of the Office of Management and Budget. Timely notice of

the filing of such an appeal shall be provided by the Director of the

Office of Management and Budget to the Committee on

Governmental Affairs of the Senate and the Committee on

Government Operations of the House of Representatives.

(B) The Director of the Office of Management and Budget may

approve a matching agreement notwithstanding the disapproval of a

Data Integrity Board if the Director determines that-

(i) the matching program will be consistent with all

applicable legal, regulatory, and policy requirements;

(ii) there is adequate evidence that the matching agreement

will be cost- effective; and

(iii) the matching program is in the public interest.

(C) The decision of the Director to approve a matching

agreement shall not take effect until 30 days after it is reported to

committees described in subparagraph (A).

(D) If the Data Integrity Board and the Director of the Office of

Management and Budget disapprove a matching program proposed

by the inspector general of an agency, the inspector general may

report the disapproval to the head of the agency and to the Congress.

(6) In the reports required by paragraphs (3)(D), agency matching

activities that are not matching programs may be reported on an

aggregate basis, if and to the extent necessary to protect ongoing law

enforcement or counterintelligence investigations.

(7) Redesignated (6).

612
(v) OFFICE OF MANAGEMENT AND BUDGET

RESPONSIBILITIES-The Director of the Office of Management and

Budget shall-

(1) develop and, after notice and opportunity for public comment,

prescribe guidelines and regulations for the use of agencies in

implementing the provisions of this section; and

(2) provide continuing assistance to and oversight of the

implementation of this section by agencies.21

Sec. 552b. Open Meetings

(a) For purposes of this section-

(1) the term "agency" means any agency, as defined in section

552(e) of this title, headed by a collegial body composed of two or

more individual members, a majority of whom are appointed to such

position by the President with the advice and consent of the Senate,

and any subdivision thereof authorized to act on behalf of the agency;

(2) the term "meeting" means the deliberations of at least the

number of individual agency members required to take action on

behalf of the agency where such deliberations determine or result in

the joint conduct or disposition of official agency business, but does

not include deliberation required or permitted by subsection (d) or

(e); and

(3) the term "members" means an individual who belongs to a

collegial body heading an agency.

(b) Members shall not jointly conduct or dispose of agency business

other than in accordance with this section. Except as provided in

subsection (c), every portion of every meeting of an agency shall be open

to public observation.

(c) Except in a case where the agency finds that the public interest

requires otherwise, the second sentence of subsection (b) shall not apply

any portion of any agency meeting, and the requirements of subsections

(d) and (e) shall not apply to any information pertaining to such meeting

otherwise required by this section to be disclosed to the public, where the

agency properly determines that such portion or portions of its meeting or

the disclosure of such information is likely to-

(1) disclose matters that are (A) specifically authorized under

criteria established by an Executive Order to be kept secret in the

interest of national defense or foreign policy and (B) in fact properly

classified pursuant to such Executive Order;

(2) relate solely to the internal personnel rules an practices of an

agency;

"1Added Public Law 93-579, section 3, December 31, 1974, 88 Stat. 1897, and amended Public Law 94-183,

section 2(2), December 31, 1975, 89 Stat. 1057; Public Law 97-365, section 2, October 25, 1982, 96 Stat. 1749;

Public Law 97-375, title II, section 201(a), (b), December 21, 1982, 96 Stat. 1821; Public Law 97-452, section

2(a)(l), January 12, 1983, 96 Stat. 2478; Public Law 98-477, section 2(c), October 15, 1984, 98 Stat. 2211;

Public Law 98-497, title I, section 107(g), October 19, 1984, 98 Stat. 2292; Public Law 100-503 sees. 2 to 6(a),

7, 8, October 18, 1988, 102 Stat. 2507 to 2514; Public Law 101-508, title VII, section 7201(b)(1), November 5,

1990, 104 Stat. 1388-334; Public Law 103-66, title XIII, section 13581(c), August 10, 1993, 107 Stat. 611.

2002 Pocket Part: As amended Public Law 104-193, title I, section 110(w), August 22, 1996, 110 Stat. 2175;

Public Law 104-226, section 1(b)(3), October 2, 1996, 110 Stat. 3033; Public Law 104-316, title I, section

115(g)(2)(B), October 19, 1996, 110 Stat. 3835; Public Law 105-34, title X, section 1026(b)(2), August 5,

1997, 111 Stat. 925; Public Law 105-362, title XIII, section 1301(d), November 10, 1998, 112 Stat. 3293;

Public Law 106-170, title IV, section 402(a)(2), December 17, 1999, 113 Stat. 1908; Public Law 108-271;

section 8(b), July 7, 2004, 118 Stat. 811.

613
(3) disclose matters specifically exempted from disclosure by

statute (other than section 552, of this title), provided that such statute

(A) requires that the matters be withheld from the public in such a

manner as to leave no discretion on the issue, or

(B) establishes particular criteria for withholding or refers to

particular types of matters to be withheld;

(4) disclose trade secrets and commercial or financial information

obtained from a person and privileged or confidential;

(5) involve accusing any person of a crime, or formally censuring

any person;

(6) disclose information of a personal nature where disclosure

would constitute a clearly unwarranted invasion of personal privacy;

(7) disclose investigatory records compiled for law enforcement

purposes, or information which if written would be contained in such

records, but only to the extent that the production of such records or

information would (A) interfere with enforcement proceedings, (B)

deprive a person of a right to a fair trial or an impartial adjudication,

(C) constitute an unwarranted invasion of personal privacy, (D)

disclose the identity of a confidential source and, in the case of a

record compiled by criminal law enforcement authority in the course

of a criminal investigation, or by an agency conducting a lawful

national security intelligence investigation, confidential information

furnished only by the confidential source, (E) disclose investigative

techniques and procedures, or (F) endanger the life or physical safety

of law enforcement personnel;

(8) disclose information contained in or related to examination,

operating, or condition reports prepared by, on behalf of, or for the

use of an agency responsible for the regulation or supervision of

financial institutions;

(9) disclose information the premature disclosure of which would-

(A) in the case of an agency which regulates currencies,

securities, commodities, or financial institutions, be likely to (i) lead

to significant financial speculation in currencies, securities, or

commodities, or (ii) significantly endanger the stability of any

financial institution; or

(B) in the case of any agency, be likely to significantly frustrate

implementation of a proposed agency action,

except that subparagraph (B) shall not apply in any instance where

the agency has already disclosed to the public the content or nature of

its proposed action, or where the agency is required by law to make

such disclosure on its own initiative prior to taking final agency

action on such proposal; or

(10) specifically concern the agency's issuance of a subpoena, or

the agency's participation in a civil action or proceeding, an action in

a foreign court or internecine tribunal, or an arbitration, or the

initiation, conduct, or disposition by the agency of a particular case of

formal agency adjudication pursuant to the procedures in section 554

of this title or otherwise involving a determination on the record after

opportunity for a hearing.

(d)(1) Action under subsection (c) shall be taken only when a majority

of the entire membership of the agency (as defined in subsection

(a)(1)) votes to take such action. A separate vote of the agency

614
members shall be taken with respect to each agency meeting a portion

or portions of which are proposed to be closed to the public pursuant

to subsection (c), or with respect to any information which is

proposed to be withheld under subsection (c). A single vote may be

taken with respect to a series of meetings, a portion or portions of

which are proposed to be closed to the public, or with respect to any

information concerning such series of meetings, so long as each

meeting in such series involves the same particular matters and is

scheduled to be held no more than thirty days after the initial meeting

in such series. The vote of each agency member participating in such

vote shall be recorded and no proxies shall be allowed.

(2) Whenever any person whose interests may be directly affected

by a portion of a meeting requests that the agency close such portion

to the public for any of the reasons referred to in paragraph (5), (6), or

(7) of subsection (c), the agency, upon request of any one of its

members, shall vote by recorded vote whether to close such meeting.

(3) Within one day of any vote taken pursuant to paragraph (1) or

(2), the agency shall make publicly available a written copy of such

vote reflecting the vote of each member on the question. If a portion

of a meeting is to be closed to the public, the agency shall, within one

day of the vote taken pursuant to paragraph (1) or (2) of this

subsection, make publicly available a full written explanation of its

action closing the portion together with a list of all persons expected

to attend the meeting and their affiliation.

(4) Any agency, a majority of whose meetings may properly be

closed to the public pursuant to paragraph (4), (8), (9)(A), or (10) of

subsection (c), or any combination thereof, may provide by regulation

for the closing of such meetings or portions thereof in the event that a

majority of the members of the agency votes by recorded vote at the

beginning of such meeting, or portion thereof, to close the exempt

portion or portions of the meeting, and a copy of such vote, reflecting

the vote of each member on the question, is made available to the

public. The provisions of paragraphs (1), (2), and (3) of this

subsection and subsections (e) shall not apply to any portion of a

meeting to which such regulations apply: Provided, That the agency

shall, except to the extent that such information is exempt from

disclosure under the provisions of subsection (c), provide the public

with public announcement of the time, place, and subject matter of

the meeting and of each portion thereof at the earliest practicable

time.

(e)(1) In the case of each meeting, the agency shall make public

announcement, at least one week before the meeting, of the time,

place, and subject matter of the meeting, whether it is to be open or

closed to the public, and the name and phone number of the official

designated by the- agency to respond to requests for information about

the meeting. Such announcement shall be made unless a majority of

the members of the agency determines by a recorded vote that agency

business requires that such meeting be called at an earlier date, in

which case the agency shall make public announcement of the time,

place, and subject matter of such meeting, and whether open or closed

to the public at the earliest practicable time.

615
(2) The time or place of a meeting may be changed following the

public announcement required by paragraph (1) only if the agency

publicly announces such change at the earliest practicable time. The

subject matter of a meeting, or the determination of the agency to

open or close a meeting, or portion of a meeting, to the public, may

be changed following the public announcement required by this

subsection only if (A) a majority of the entire membership of the

agency determines by a recorded vote that agency business so

requires and that no earlier announcement of the chance was possible,

and (B) the agency publicly announces such change and the vote of

each member upon such change at the earliest practicable time.

(3) Immediately following each public announcement required by

this subsection, notice of the time, place, and subject matter of a

meeting, whether the meeting is open or closed, any change in one of

the preceding, and the name and phone number of the official

designated by the agency to respond to requests for information about

the meeting, shall also be submitted for publication in the Federal

Register.

(f)(1) For every meeting closed pursuant to paragraphs (1) through

(10) of subsection (c), the General Counsel or chief legal officer of

the agency shall publicly certify that, in his or her opinion, the

meeting may be closed to the public and shall state each relevant

exemptive provision. A copy of such certification, together with a

statement from the presiding officer of the meeting setting forth the

time and place of the meeting, and the persons present, shall be

retained by the agency. The agency shall maintain a complete

transcript or electronic recording adequate to record fully the

proceedings of each meeting, or portion of a meeting, closed to the

public, except that in the case of a meeting, or portion of a meeting,

closed to the public pursuant to paragraph (8), (9)(A), or (10) of

subsection (c), the agency shall maintain either such a transcript or

recording, or a set of minutes. Such minutes shall fully and clearly

describe all matters discussed and shall provide a full and accurate

summary of any actions taken, and the reasons therefor, including a

description of each of the views expressed on any item and the record

of any roll-call vote (reflecting the vote of each member on the

question). All documents considered in connection with any action

shall be identified in such minutes.

(2) The agency shall make promptly available to the public, in a

place easily accessible to the public, the transcript, electronic

recording, or minutes (as required by paragraph (1)) of the discussion

of any item on the agenda, or of any item of the testimony of any

witness received at the meeting, except for such item or items of such

discussion or testimony as the agency determines to contain

information which may be withheld under subsection (c). Copies of

such transcript, or minutes, or a transcription of such recording

disclosing the identity of each speaker, shall be furnished to any

person at the actual cost of duplication or transcription. The agency

shall maintain a complete verbatim copy of the transcript, a complete

copy of the minutes, or a complete electronic recording of each

meeting, or portion of a meeting, closed to the public, for a period of

at least two years after such meeting, or until one year after the

616
conclusion of any agency proceeding with respect to which the

meeting or portion was held, whichever occurs later.

(g) Each agency subject to the requirements of this section shall,

within 180 days after the date of enactment of this section, following

consultation with the Office of the Chairman of the Administrative

Conference of the United States and published notice in the Federal

Register of at least thirty days and an opportunity for written comments

by any person, promulgate regulations to implement the requirements of

subsections (b) through (f) of this section. Any person may bring a

proceeding in the United States District Court for the District of Columbia

to require an agency to promulgate such regulations if such agency has not

promulgated such regulations within the time period specified herein.

Subject to any limitations of time provided by law, any person may bring

a proceeding in the United States Court of Appeals for the District of

Columbia to set aside agency regulations issued pursuant to this

subsection that are not in accord with the requirements of subsections (b)

through (f) of this section and to require the promulgation of regulations

that are in accord with such subsections.

(h)(1) The district courts of the United States shall have jurisdiction to

enforce the requirements of subsections (b) through (f) of this section

by declaratory judgment, injunctive relief, or other relief as may be

appropriate. Such actions may be brought by any person against an

agency prior to, or within sixty days after, the meeting out of which

the violation of this section arises, except that if public announcement

of such meeting is not initially provided by the agency in accordance

with the requirements of this section, such action may be instituted

pursuant to this section at any time prior to sixty days after any public

announcement of such meeting. Such actions may be brought in the

district court of the United States for the district in which the agency

meeting is held or in which the agency in question has its

headquarters, or in the District Court for the District of Columbia. In

such actions a defendant shall serve his answer within thirty days

after the service of the complaint. The burden is on the defendant to

sustain his action. In deciding such cases the court may examine in

camera any portion of the transcript, electronic recording, or minutes

of a meeting closed to the public, and may take such additional

evidence as it deems necessary. The court, having due regard for

orderly administration and the public interest, as well as the interests

of the parties, may grant such equitable relief as it deems appropriate,

including granting an injunction against future violations of this

section or ordering the agency to make available to the public such

portion of the transcript, recording, or minutes of a meeting as is not

authorized to be withheld under subsection (c) of this section.

(2) Any Federal court otherwise authorized by law to review

agency action may, at the application of any person properly

participating in the proceeding pursuant to other applicable law,

inquire into violations by the agency of the requirements of this

section and afford such relief as it deems appropriate. Nothing in this

section authorizes' any Federal court having jurisdiction solely on the

basis of paragraph (1) to set aside, enjoin, or invalidate any agency

action (other than an action to close a meeting or to withhold

617
information under this section) taken or discussed at any agency

meeting out of which the violation of this section arose.

(i) The court may assess against any party reasonable attorney fees and

other litigation costs reasonably incurred by any other party who

substantially prevails in any action brought in accordance with the

provisions of subsections (g) or (h) of this section, except that costs may

be assessed against the plaintiff only where the court finds that the suit

was initiated by the plaintiff primarily for frivolous or dilatory purposes.

In the case of assessment of costs against an agency, the costs may be

assessed by the court against the United States.

(0) Each agency subject to the requirements of this section shall

annually report to the Congress regarding the following:

(1) The changes in the policies and procedures of the agency under

this section that have occurred during the preceding 1-year period.

(2) A tabulation of the number of meetings held, the exemptions

applied to close meetings, and the days of public notice provided to

close meetings.

(3) A brief description of litigation or formal complaints

concerning the implementation of this section by the, agency.

(4) A brief explanation of any changes in law that have affected the

responsibilities of the agency under this section.22

(k) Nothing herein expands or limits the present rights of any person

under section 552 of this title, except that the exemptions set forth in

subsection (c) of this section shall govern in the case of any request made

pursuant to section 552 to copy or inspect the transcripts, recordings, or

minutes described in subsection (f) of this section. The requirements of

chapter 33 of title 44, United States Code, shall not apply to the

transcripts, recordings, and minutes described in subsection (f) of this

section.

(1) This section does not constitute authority to withhold any information

from Congress, and does not authorize the closing of any agency meeting

or portion thereof required by any other provision of law to be open.

(in) Nothing in this section authorizes any agency to withhold from any

individual any record, including transcripts, recordings, or minutes

required by this section, which is otherwise accessible to such individual

under section 552a of this title. (Pub. L. 94-409, section 3(a), Sept. 13,

1976, 90 Stat. 1241., and amended Public Law 104-66, title III, section

3002 (109 Stat. 734), Dec. 21, 1995.)

Sec. 553. Rulemaking

(a) This section applies, according to the provisions thereof, except to

the extent that there is involved-

(1) a military or foreign affairs function of the United States; or

(2) a matter relating to agency management or personnel or to

public property, loans, grants, benefits, or contracts.

(b) General notice of proposed rule making shall be published in the

Federal Register, unless persons subject thereto are named and either

personally served or otherwise have actual notice thereof in accordance

with law. The notice shall include-

(1) a statement of the time, place, and nature of public rule making

proceedings;

22As amended, Public Law 104-66, title III, section 3002 (109 Stat. 734); Dec. 21, 1995.

618
(2) reference to the legal authority under which the rule is

proposed; and

(3) either the terms or substance of the proposed rule or a

description of the subjects and issues involved.

Except when notice or hearing is required by statute, this

subsection does not apply-

(A) to interpretative rules, general statements of policy, or rules

of agency organization, procedure, or practice; or

(B) when the agency for good cause finds (and incorporates the

finding and a brief statement of reasons therefor in the rules issued)

that notice and public procedure thereon are impracticable,

unnecessary, or contrary to the public interest.

(c) After notice required by this section, the agency shall give interested

persons an opportunity to participate in the rule making through

submission of written data, views, or arguments with or without

opportunity for oral presentation. After consideration of the relevant

matter presented, the agency shall incorporate in the rules adopted a

concise general statement of their basis and purpose. When rules are

required by statute to be made on the record after opportunity for an

agency hearing, sections 556 and 557 of this title apply instead of this

subsection.

(d) The required publication or service of a substantive rule shall be made

not less than 30 days before its effective date, except-

(1) a substantive rule which grants or recognizes an exemption or

relieves a restriction;

(2) interpretative rules and statements of policy; or

(3) as otherwise provided by the agency for good cause found and

published with the rule.

(e) Each agency shall give an interested person the right to petition for the

issuance, amendment, or repeal of a rule. (Pub. L. 89-554, Sept. 6, 1966,

80 Stat. 383.)

Sec. 554. Adjudications

(a) This section applies, according to the provisions thereof, in every

case of adjudication required by statute to be determined on the record

after opportunity for an agency hearing, except to the extent that there is

involved-

(1) a matter subject to a subsequent trial of the law and the facts

de novo in a court;

(2) the selection or tenure of an employee, except an

administrative law judge appointed under section 3105 of this title;

(3) proceedings in which decisions rest solely on inspections,

tests, or elections;

(4) the conduct of military or foreign affairs functions;

(5) cases in which an agency is acting as an agent for a court; or

(6) the certification of worker representatives.

(b) Persons entitled to notice of an agency hearing shall be timely

informed of-

(1) the time, place, and nature of the hearing;

(2) the legal authority and jurisdiction under which the hearing is

to be held; and

(3) the matters of fact and law asserted.

619
When private persons are the moving parties, other parties to the

proceeding shall give prompt notice of issues controverted in fact or

law; and in other instances agencies may by rule require responsive

pleading. In fixing the time and place for hearings, due regard shall

be had for the convenience and necessity of the parties or their

representatives.

(c) The agency shall give all interested parties opportunity for-

(1) the submission and consideration of facts, arguments, offers of

settlement, or proposals of adjustment when time, the nature of the

proceeding, and the public interest permit; and

(2) to the extent that the parties are unable so to determine a

controversy by consent, hearing and decision on notice and in

accordance with sections 556 and 557 of this title.

(d) The employee who presides at the reception of evidence pursuant

to section 556 of this title shall make the recommended decision or initial

decision required by section 557 of this title, unless he becomes

unavailable to the agency. Except to the extent required for the disposition

of ex parte matters as authorized by law, such an employee may not-

(1) consult a person or party on a fact in issue, unless on notice and

opportunity for all parties to participate; or

(2) be responsible to or subject to the supervision or direction of an

employee or agent engaged in the performance of investigative or

prosecuting functions for an agency.

An employee or agent engaged in the performance of investigative

or prosecuting functions for an agency in a case may not, in that or a

factually related case, participate or advise in the decision,

recommended decision, or agency review pursuant to section 557 of

this title, except as witness or counsel in public proceedings. This

subsection does not apply-

(A) in determining applications for initial licenses;

(B) to proceedings involving the validity or application of

rates, facilities, or practices of public utilities or carriers; or (C) to the agency or a member or members of the body

comprising the agency.

(e) The agency, with like effect as in the case of other orders, and in

its sound discretion, may issue a declaratory order to terminate a

controversy or remove uncertainty. (Public Law 89-554, Sept. 6, 1966,

80 Stat. 384; amended Public Law 95-251, Mar. 27, 1978, 92 Stat. 183.)

Sec. 555. Ancillary Matters

(a) This section applies, according to the provisions thereof, except as

otherwise provided by this Subchapter.

(b) A person compelled to appear in person before an agency or

representative thereof is entitled to be accompanied, represented, and

advised by counsel or, if permitted by the agency, by other qualified

representative. A party is entitled to appear in person or by or with

counsel or other duly qualified representative in an agency proceeding. So

far as the orderly conduct of public business permits, an interested person

may appear before an agency or its responsible employees for the

presentation, adjustment, or determination of an issue, request, or

controversy in a proceeding, whether interlocutory, summary, or

otherwise, or in connection with an agency function. With due regard for

the convenience and necessity of the parties or their representatives and

620
within a reasonable time, each agency shall proceed to conclude a matter

presented to it. This subsection does not grant or deny a person who is not

a lawyer the right to appear for or represent others before an agency or in

an agency proceeding.

(c) Process, requirement of a report, inspection, or other investigative

act or demand may not be issued, made, or enforced except as authorized

by law. A person compelled to submit data or evidence is entitled to

retain or, on payment of lawfully prescribed costs, procure a copy or

transcript thereof, except that in a nonpublic investigatory proceeding the

witness may for good cause be limited to inspection of the official

transcript of his testimony.

(d) Agency subpoenas authorized by law shall be issued to a party on

request and, when required by rules of procedure on a statement or

showing of general relevance and reasonable scope of the evidence

sought. On contest, the court shall sustain the subpoena or similar process

or demand to the extent that it is found to be in accordance with law. In a

proceeding for enforcement, the court shall issue an order requiring the

appearance of the witness or the production of the evidence or data within

a reasonable time under penalty of punishment for contempt in case of

contumacious failure to comply.

(e) Prompt notice shall be given of the denial in whole or in part of a

written application, petition, or other request of an interested person made

in connection with any agency proceedings. Except in affirming a prior

denial or when the denial is self-explanatory, the notice shall be

accompanied by a brief statement of the grounds for denial. (Pub. L. 89-

554, Sept. 6, 1966, 80 Stat. 385.)

Sec. 556. Hearings; Presiding Employees; Powers and Duties;

Burden of Proof; Evidence; Record as Basis of Decision

(a) This section applies, according to the provisions thereof, to

hearings required by section 553 or 554 of this title to be conducted in

accordance with this section.

(b) There shall preside at the taking of evidence-

(1) the agency;

(2) one or more members of the body which comprises the agency;

or

(3) one or more administrative law judges appointed under section

3105 of this title.

This Subchapter does not supersede the conduct of specified

classes of proceedings, in whole or in part, by or before boards or

other employees specially provided for by or designated under

statute. The functions of presiding employees and of employees

participating in decisions in accordance with section 557 of this title

shall be conducted in an impartial manner. A presiding or

participating employee may at any time disqualify himself. On the

filing in good faith of a timely and sufficient affidavit of personal bias

or other disqualification of a presiding or participating employee, the

agency shall determine the matter as a part of the record and decision

in the case.

(c) Subject to published rules of the agency and within its powers,

employees presiding at hearings may-

(1) administer oaths and affirmations;

(2) issue subpoenas authorized by law;

621
(3) rule on offers of proof and receive relevant evidence;

(4) take depositions or have depositions taken when the ends of

justice would be served;

(5) regulate the course of the hearing;

(6) hold conferences for the settlement of simplification of the

issues by consent of the parties; or by the use of alternative means of

dispute resolution as provided in Subchapter IV of this chapter;

(7) inform the parties as to the availability of one or more

alternative means of dispute resolution, and encourage use of such

methods;

(8) require the attendance at any conference held pursuant to

paragraph (6) of at least one representative of each party who has

authority to negotiate concerning resolution of issues in

controversy.

23

(9) dispose of procedural requests or similar matters;

(10) make or recommend decisions in accordance with section 557

of this title; and

(11) take other action authorized by agency rule consistent with

this Subchapter.

(d) Except as otherwise provided by statute, the proponents of a rule or

order has the burden of proof. Any oral or documentary evidence may be

received, but the agency as a matter of policy shall provide for the

exclusion of irrelevant, immaterial, or unduly repetitious evidence. A

sanction may not be imposed or rule or order issued except on

consideration of the whole record or those parts thereof cited by a party

and supported by and in accordance with the reliable, probative, and

substantial evidence. The agency may, to the extent consistent with the

interests of justice and the policy of the underlying statutes administered

by the agency, consider a violation of section 557(d) of this title sufficient

grounds for a decision adverse to a party who has knowingly committed

such violation or knowingly caused such violation to occur. A party is

entitled to present his case or defense by oral or documentary evidence, to

submit rebuttal evidence, and to conduct such cross-examination as may

be required for a full and true disclosure of the facts. In rule making or

determining claims for money or benefits or applications for initial

licenses an agency may, when a party will not be prejudiced thereby,

adopt procedures for the submission of all or part of the evidence in

written form.

(e) The transcript of testimony and exhibits, together with all papers

and requests filed in the proceedings, constitutes the exclusive record for

decision in accordance with section 557 of this title and, on payment of

lawfully prescribed costs, shall be made available to the parties. When an

agency decision rests on official notice of a material fact not appearing in

the evidence in the record, a party is entitled, on timely request, to an

opportunity to show the contrary. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

386; amended Pub. L. 94-409, Sept. 13, 1976, 90 Stat. 1247; Pub. L. 95-

251, Mar. 27, 1978, 92 Stat. 183; Public Law 101-552 (104 Stat. 2736)

section 4(a), November 15, 1990.)

23Public Law 101-552 (104 Stat. 2736), November 15, 1990 changed (c)(6) and added new (7) and (8).

622
Sec. 557. Initial Decisions; Conclusiveness; Review by Agency;

Submissions by Parties; Contents of Decisions; Record

(a) This section applies, according to the provisions thereof, when a

hearing is required to be conducted in accordance with section 556 of this

title.

(b) When the agency did not preside at the reception of the evidence,

the presiding employee or, in cases not subject to section 554(d) of this

title, an employee qualified to preside at hearings pursuant to section 556

of this title, shall initially decide the case unless the agency requires,

either in specific cases or by general rule, the entire record to be certified

to it for decision. When the presiding employee makes an initial decision,

that decision then becomes the decision of the agency without further

proceedings unless there is an appeal to, or review on motion of, the

agency within time provided by rule. On appeal from or review of the

initial decision, the agency has all the powers which it would have in

making the initial decision except as it may limit the issues on notice or

by rule. When the agency makes the decision without having presided at

the reception of the evidence, the presiding employee or an employee

qualified to preside at hearings pursuant to section 556 of this title shall

first recommend a decision, except that in rule making or determining

applications for initial licenses-

(1) instead thereof the agency may issue a tentative decision or one

of its responsible employees may recommend a decision; or

(2) this procedure may be omitted in a case in which the agency

finds on the record that due and timely execution of its functions

imperatively and unavoidably so requires.

(c) Before a recommended, initial, or tentative decision, or a decision

on agency review of the decision of subordinate employees, the parties are

entitled to a reasonable opportunity to submit for the consideration of the

employees participating in the decisions-

(1) proposed findings and conclusions; or

(2) exceptions to the decisions or recommended decisions of

subordinate employees or to tentative agency decisions; and

(3) supporting reasons for the exception of proposed findings or

conclusions.

The record shall show the ruling on each finding, conclusion, or

exception presented. All decisions, including initial, recommended,

and tentative decisions, are a part of the record and shall include a

statement of-

(A) findings and conclusions and the reasons or basis therefor,

on all the material issues of fact, law, or discretion presented on the

record; and

(B) the appropriate rule, order, sanction, relief, or denial

thereof.

(d)(1) In an agency proceeding which is subject to subsection (a) of

this section, except to the extent required for the disposition of ex

parte matters as authorized by law-

(A) no interested person outside the agency shall make or

knowingly cause to be made to any member of the body comprising

the agency, administrative law judge, or other employee who is or

may reasonably be expected to be involved in the decisional process

623
of the proceeding, an ex parte communication relevant to the merits

of the proceeding;

(B) no member of the body comprising the agency,

administrative law judge, or other employee who is or may

reasonably be expected to be involved in the decisional process of the

proceeding, shall make or knowingly cause to be made to any

interested person outside the agency an ex parte communication

relevant to the merits of the proceeding;

(C) a member of the body comprising the agency,

administrative law judge, or other employee who is or may

reasonably be expected to be involved in the decisional process of

such proceeding who receives, or who makes or knowingly causes to

be made, a communication prohibited by this subsection shall place

on the public record of the proceeding:

(i) all such written communications;

(ii) memoranda stating the substance of all such oral

communications; and

(iii) all written responses, and memoranda stating the

substance of all oral responses, to the materials described in clauses

(i) and (ii) of this subparagraph;

(D) upon receipt of a communication knowingly made or

knowingly caused to be made by a party in violation of this

subsection, the agency, administrative law judge, or other employee

presiding at the hearing may, to the extent consistent with the

interests of justice and the policy of the underlying statutes, require

the party to show cause why his claim or interest in the proceedings

should not be dismissed, denied, disregarded, or otherwise adversely

affected on account of such violation; and

(E) the prohibitions of this subsection shall apply beginning at

such time as the agency may designate, but in no case shall they

begin to apply later than the time at which a proceeding is noticed for

hearing unless the person responsible for the communication has

knowledge that is will be noticed, in which case the prohibitions shall

apply beginning at the time of his acquisition of such knowledge.

(2) This subsection does not constitute authority to withhold

information from Congress. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

837; amended Pub. L. 94-409, Sept. 13, 1976, 90 Stat. 1246.)

Sec. 558. Imposition of Sanctions; Determination of Applications For

Licenses; Suspension, Revocation, and Expiration of Licenses

(a) This section applies, according to the provisions thereof, to the

exercise of a power or authority.

(b) A sanction may not be imposed or a substantive rule or order

issued except within jurisdiction delegated to the agency and as authorized

by law.

(c) When application is made for a license required by law, the

agency, with due regard for the rights and privileges of all the interested

parties or adversely affected persons and within a reasonable time, shall

set and complete proceedings required to be conducted in accordance with

sections 556 and 557 of this title or other proceedings required by law and

shall make its decision. Except in cases of willfulness or those in which

public health, interest, or safety requires otherwise, the withdrawal,

suspension, revocation, or annulment of a license is lawful only if, before

624
the institution of agency proceedings therefor, the licensee has been

given-

(1) notice by the agency in writing of the facts or conduct which

may warrant the action; and

(2) opportunity to demonstrate or achieve compliance with all

lawful requirements.

When the licensee has made timely and sufficient application for a

renewal or a new license in accordance with agency rules, a license

with reference to an activity of a continuing nature does not expire

until the application has been finally determined by the agency. (Pub.

L. 89-554, Sept. 6, 1966, 80 Stat. 388.)

Sec. 559. Effect on Other Laws; Effect of Subsequent Statute

This Subchapter, chapter 7, and sections 1305, 3105, 3344,

4301(2)(E), 5372, and 7521 of this title, and the provisions of section

5335(a)(B) of this title that relate to administrative law judges, do not

limit or repeal additional requirements imposed by statute or otherwise

recognized by law. Except as otherwise required by law, requirements or

privileges relating to evidence or procedure apply equally to agencies and

persons. Each agency is granted the authority necessary to comply with

the requirements of this Subchapter through the issuance of rules or

otherwise. Subsequent statute may not be held to supersede or modify this

Subchapter, chapter 7, sections 1305, 3105, 3344, 4301 (2)(E), 5372, or

7521 of this title, or the provisions of section 5335(a)(B) of this title that

relate to administrative law judges, except to the extent that it does so

expressly. (Public Law 89-554, Sept. 6, 1966, 80 Stat. 388; amended

Public Law 90-623, section 1(1), Oct 22, 1968, 82 Stat. 1312; Public Law

95-251, Mar. 27, 1978, 92 Stat. 183; Public Law 95-454, Oct. 13, 1978,

92 Stat. 1221.)

625
B. NEGOTIATED RULEMAKING ACT OF 1990-5 USC

561-570

Public Law 101-648 104 Stat. 4976

November 29, 1990

An Act

To establish a framework for the conduct of negotiated rulemaking by

Federal agencies.

Negotiated Be it enacted by the Senate and House of Representatives of the United

Rulemaking States of America in Congress assembled,

Sec. 1. Short Title

5 USC 561. This Act may be cited as the "Negotiated Rulemaking Act of 1990."

Sec. 2. Findings.

5 USC 561. The Congress makes the following findings:

(1) Government regulation has increased substantially since the

enactment of the Administrative Procedure Act.

(2) Agencies currently use rulemaking procedures that may

discourage the affected parties from meeting and communicating with

each other, and may cause parties with different interests to assume

conflicting and antagonistic positions and to engage in expensive and

time-consuming litigation over agency rules.

(3) Adversarial rulemaking deprives the affected parties and the

public of the benefits of face-to-face negotiations and co-operation in

developing and reaching agreement on a rule. It also deprives them of

the benefits of shared information, knowledge, expertise, and technical

abilities possessed by the affected parties.

(4) Negotiated rulemaking, in which the parties who will be

significantly affected by a rule participate in the development of the

rule, can provide significant advantages over adversarial rulemaking.

(5) Negotiated rulemaking can increase the acceptability and

improve the substance of rules, making it less likely that the affected

parties will resist enforcement or challenge such rules in court. It may

also shorten the amount of time needed to issue final rules.

(6) Agencies have the authority to establish negotiated rule making

committees under the laws establishing such agencies and their

activities and under the Federal Advisory Committee Act (5 USC

App.). Several agencies have successfully used negotiated rulemaking.

The process has not been widely used by other agencies, however, in

part because such agencies are unfamiliar with the process or uncertain

as to the authority for such rulemaking.

Sec. 3. Negotiated Rulemaking Procedure.

(a) IN GENERAL.-Chapter 5 of title 5, United States Code, is

amended by adding at the end the following new Subchapter:

626
Sec. 561. Purpose.

5 USC 561. The purpose of this Subchapter is to establish a framework for the

conduct of negotiated rulemaking, consistent with section 553 of this title,

to encourage agencies to use the process when it enhances the informal

rulemaking process. Nothing in this Subchapter should be construed as an

attempt to limit innovation and experimentation with the negotiated

rulemaking process or with other innovative rulemaking procedures

otherwise authorized by law.

See. 562. Definitions.

5 USC 562. For the purposes of this Subchapter, the term-

(1) "agency" has the same meaning as in section 551 (1) of this

title;

(2) "consensus" means unanimous concurrence among the interests

represented on a negotiated rulemaking committee established under

this Subchapter, unless such committee-

(A) agrees to define such term to mean a general but not

unanimous concurrence; or

(B) agrees upon another specified definition;

(3) "convener" means a person who impartially assists an agency

in determining whether establishment of a negotiated rulemaking

committee is feasible and appropriate in a particular rulemaking;

(4) "facilitator" means a person who impartially aids in the

discussions and negotiations among the members of a negotiated

rulemaking committee to develop a proposed rule;

(5) "interest" means, with respect to an issue or matter, multiple

parties which have a similar point of view or which are likely to be

affected in a similar manner;

(6) "negotiated rulemaking" means rulemaking through the use of

a negotiated rulemaking committee;

(7) "negotiated rulemaking committee" or "committee" means an

advisory committee established by an agency in accordance with this

Subchapter and the Federal Advisory Committee Act to consider and

discuss issues for the purpose of reaching a consensus in the

development of a proposed rule;

(8) "party" has the same meaning as in section 551(3) of this title;

(9) "person" has the same meaning as in section 551(2) of this title;

(10) "rule" has the same meaning as in section 551(4) of this title;

and

(11) "rulemaking" means "rulemaking" as that term is defined in

section 551(5) of this title.

See. 563. Determination of Need for Negotiated Rulemaking

Committee.

5 USC 563. (a) DETERMINATION OF NEED BY THE AGENCY.-An agency

may establish a negotiated rulemaking committee to negotiate and

develop a proposed rule, if the head of the agency determines that the use

of the negotiated rulemaking procedure is in the public interest. In making

such a determination, the head of the agency shall consider whether-

(1) there is a need for a rule;

(2) there are a limited number of identifiable interests that will be

significantly affected by the rule;

(3) there is a reasonable likelihood that a committee can be

convened with a balanced representation of persons who627
(A) can adequately represent the interests identified under

paragraph (2); and

(B) are willing to negotiate in good faith to reach a consensus

on the proposed rule;

(4) there is a reasonable likelihood that a committee will reach a

consensus on the proposed rule within a fixed period of time;

(5) the negotiated rulemaking procedure will not unreasonably

delay the notice of proposed rulemaking and the issuance of the final

rule;

(6) the agency has adequate resources and is willing to commit

such resources, including technical assistance, to the committee; and

(7) the agency, to the maximum extent possible consistent with the

legal obligations of the agency, will use the consensus of the

committee with respect to the proposed rule as the basis for the rule

proposed by the agency for notice and comment.

(b) USE OF CONVENERS.-

(1) PURPOSES OF CONVENERS.-An agency may use the

services of a convener to assist the agency in-

(A) identifying person who will be significantly affected by a

proposed rule, including residents of rural areas; and

(B) conducting discussions with such persons to identify the

issues of concern to such persons, and to ascertain whether the

establishment of a negotiated rulemaking committee is feasible and

appropriate in the particular rulemaking.

Reports. (2) DUTIES OF CONVENERS.-The convener shall report

findings and may make recommendations to the agency. Upon request

of the agency, the convener shall ascertain the names of persons who

are willing and qualified to represent interests that will be significantly

affected by the proposed rule, including residents of rural areas. The

report and any recommendations of the convener shall be made

available to the public upon request.

Sec. 564. Publication of Notice; Applications for Membership on

Committees.

5 USC 564. (a) PUBLICATION OF NOTICE.-If, after considering the report of a

convener or conducting its own assessment, an agency decides to establish

a negotiated rulemaking committee, the agency shall publish in the

Federal Register and, as appropriate, in trade or other specialized

publications, a notice which shall include-

(1) an announcement that the agency intends to establish a

negotiated rulemaking committee to negotiate and develop a proposed

rule;

(2) a description of the subject and scope of the rule to be

developed, and the issues to be considered;

(3) a list of the interests which are likely to be significantly

affected by the rule;

(4) a list of the persons proposed to represent such interests and the

person or persons proposed to represent the agency;

(5) a proposed agenda and schedule for completing the work of the

committee, including a target date for publication by the agency of a

proposed rule for notice and comment;

(6) a description of administrative support for the committee to be

provided by the agency, including technical assistance;

628
(7) a solicitation for comments on the proposal to establish the

committee, and the proposed membership of the negotiated

rulemaking committee; and

(8) an explanation of how a person may apply or nominate another

person for membership on the committee, as provided under

subsection (b).

(b) APPLICATIONS FOR MEMBERSHIP OR COMMITTEE.-

Persons who will be significantly affected by a proposed rule and who

believe that their interests will not be adequately represented by any

person specified in a notice under subsection (a)(4) may apply for, or

nominate another person for, membership on the negotiated rulemaking

committee to represent such interests with respect to the proposed rule.

Each application or nomination shall include-

(1) the name of the applicant or nominee and a description of the

interests such person shall represent;

(2) evidence that the applicant or nominee is authorized to

represent parties related to the interests the person proposes to

represent;

(3) a written commitment that the applicant or nominee shall

actively participate in good faith in the development of the rule under

consideration; and

(4) the reasons that the persons specified in the notice under

subsection (a)(4) do not adequately represent the interests of the

person submitting the application or nomination.

(c) PERIOD FOR SUBMISSION OF COMMENTS AND

APPLICATIONS.-The agency shall provide for a period of at least 30

calendar days for the submission of comments and applications under this

section.

Sec. 565. Establishment of Committee.

5 USC 565. (a) ESTABLISHMENT.-

(1) DETERMINATION TO ESTABLISH COMMITTEE.-If after

considering comments and applications submitted under section 564,

the agency determines that a negotiated rulemaking committee can

adequately represent the interests that will be significantly affected by

a proposed rule and that it is feasible and appropriate in the particular

rulemaking, the agency may establish a negotiated rulemaking

committee. In establishing and administering such a committee, the

agency shall comply with the Federal Advisory Committee Act with

respect to such committee, except as otherwise provided in this

Subchapter.

(2) DETERMINATION NOT TO ESTABLISH COMMITTEE.-If

after considering such comments and applications, the agency decides

not to establish a negotiated rulemaking committee, the agency shall

promptly publish notice of such decision and the reasons therefor in

the Federal Register and, as appropriate, in trade or other specialized

publications, a copy of which shall be sent to any person who applied

for, or nominated another person for membership on the negotiating

rulemaking committee to represent such interests with respect to the

proposed rule.

(b) MEMBERSHIP.-The agency shall limit membership on a

negotiated rulemaking committee to 25 members, unless the agency head

determines that a greater number of members is necessary for the

629
functioning of the committee or to achieve balanced membership. Each

committee shall include at least one person representing the agency.

(c) ADMINISTRATIVE SUPPORT.-The agency shall provide

appropriate administrative support to the negotiated rulemaking

committee, including technical assistance.

Sec. 566. Conduct of Committee Activity.

5 USC 566. (a) DUTIES OF COMMITTEE.-Each negotiated rulemaking

committee established under this Subchapter shall consider the matter

proposed by the agency for consideration and shall attempt to reach a

consensus concerning a proposed rule with respect to such matter and any

other matter the committee determines is relevant to the proposed rule.

(b) REPRESENTATIVES OF AGENCY ON COMMITTEE.-The

person or persons representing the agency on a negotiated rulemaking

committee shall participate in the deliberations and activities of the

committee with the same rights and responsibilities as other members of

the committee, and shall be authorized to fully represent the agency in the

discussions and negotiations of the committee.

(c) SELECTING FACILITATOR.-Notwithstanding section 10(e) of

the Federal Advisory Committee Act, an agency may nominate either a

person from the Federal Government or a person from outside the Federal

Government to serve as a facilitator for the negotiations of the committee,

subject to the approval of the committee by consensus. If the committee

does not approve the nominee of the agency for facilitator, the agency

shall submit a substitute nomination. If a committee does not approve any

nominee of the agency for facilitator, the committee shall select by

consensus a person to serve as facilitator. A person designated to represent

the agency in substantive issues may not serve as facilitator or otherwise

chair the committee.

(d) DUTIES OF FACILITATOR.-A facilitator approved or selected

by a negotiated rulemaking committee shall-

(1) chair the meetings of the committee in an impartial manner;

(2) impartially assist the members of the committee in conducting

discussions and negotiations; and

(3) manage the keeping of minutes and records as required under

section 10 (b) and (c) of the Federal Advisory Committee Act, except

that any personal notes and materials of the facilitator or of the

members of a committee shall not be subject to section 552 of this

title.

(e) COMMITTEE PROCEDURES.-A negotiated rulemaking

committee established under this Subchapter may adopt procedures for the

operation of the committee. No provision of section 553 of this title shall

apply to the procedures of a negotiated rulemaking committee.

(f) REPORT OF COMMITTEE.-If a committee reaches a consensus

on a proposed rule, at the conclusion of negotiations the committee shall

transmit to the agency that established the committee a report containing

the proposed rule. If the committee does not reach a consensus on a

proposed rule, the committee may transmit to the agency a report

specifying any areas in which the committee reached a consensus. The

committee may include in a report any other information,

recommendations, or materials that the committee considers appropriate.

Any committee member may include as an addendum to the report

additional information, recommendations, or materials.

630
(g) RECORDS OF COMMITTEE.-In addition to the report required

by subsection (f), a committee shall submit to the agency the records

required under section 10 (b) and (c) of the Federal Advisory Committee

Act.

Sec. 567. Termination of Committee.

5 USC 567. A negotiated rulemaking committee shall terminate upon promulgation of the final rule under consideration, unless the committee's

charter contains an earlier termination date or the agency, after consulting

the committee, or the committee itself specifies an earlier termination

date.

Sec. 568. Services, Facilities, and Payment of Committee Member

Expenses.

5 USC 568. (a) SERVICES OF CONVENERS AND FACILITATORS.-

(1) IN GENERAL.-An agency may employ or enter into contracts

for the services of an individual or organization to serve as a convener

or facilitator for a negotiated rulemaking committee under this

Subchapter, or may use the services of a Government employee to act

as a convener or a facilitator for such a committee.

(2) DETERMINATION OF CONFLICTING INTERESTS.- An

agency shall determine whether a person under consideration to serve

as a convener or facilitator of a committee under paragraph (1) has any

financial or other interest that would preclude such person from

serving in an impartial and independent manner.

(b) SERVICES AND FACILITIES OF OTHER ENTITIES.- For

purposes of this Subchapter, an agency may use the services and facilities

of other Federal agencies and public and private agencies and

instrumentalities with the consent of such agencies and instrumentalities,

and with or without reimbursement to such agencies and instrumentalities,

and may accept voluntary and uncompensated services without regard to

the pro visions of section 1342 of title 31. The Federal Mediation and

Conciliation Service may provide services and facilities, with or without

reimbursement, to assist agencies under this Subchapter, including

furnishing conveners, facilitators, and training in negotiated rulemaking.

(c) EXPENSES OF COMMITTEE MEMBERS.-Members of a

negotiated rulemaking committee shall be responsible for their own

expenses of participation in such committee, except that an agency may,

in accordance with section 7(d) of the Federal Advisory Committee Act,

pay for a member's reasonable travel and per diem expenses, expenses to

obtain technical assistance, and a reasonable rate of compensation, if-

(1) such member certifies a lack of adequate financial resources to

participate in the committee; and

(2) the agency determines that such member's participation in the

committee is necessary to assure an adequate representation of the

member's interest.

(d) STATUS OF MEMBER AS FEDERAL EMPLOYEE.-A

member's receipt of funds under this section or section 569 shall not

conclusively deter mine for purposes of sections 202 through 209 of title

18 whether that member is an employee of the United States Government.

Sec. 569. Encouraging Negotiated Rulemaking.

5 USC 569. (a) The President shall designate an agency or designate or establish

an interagency committee to facilitate and encourage agency use of

negotiated rulemaking. An agency that is considering, planning, or

631
conducting a negotiated rulemaking may consult with such agency or

committee for information and assistance.

(b) To carry out the purposes of this Subchapter, an agency planning

or conducting a negotiated rulemaking may accept, hold, administer, and

utilize gifts, devises, and bequests of property, both real and personal if

that agency's acceptance and use of such gifts, devises, or bequests do not

create a conflict of interest. Gifts and bequests of money and proceeds

from sales of other property received as gifts, devises, or bequests shall be

deposited in the Treasury and shall be disbursed upon the order of the

head of such agency. Property accepted pursuant to this section, and the

proceeds thereof, shall be used as nearly as possible in accordance with

the terms of the gifts, devises, or bequests.'

Sec. 570. Judicial Review.

5 USC 570. Any agency action relating to establishing, assisting, or terminating a

negotiated rulemaking committee under this Subchapter shall not be

subject to judicial review. Nothing in this section shall bar judicial review

of a rule if such judicial review is otherwise provided by law. A rule

which is the product of negotiated rulemaking and is subject to judicial

review shall not be accorded any greater deference by a court than a rule

which is the product of other rulemaking procedures.

Sec. 570a. Authorization of Appropriations.

There are authorized to be appropriated such sums as may be

necessary to carry out the purposes of this Subchapter. 2

Sec. 4. Authorization of Appropriations.

5 USC 561 In order to carry out this Act and the amendments made by this Act,

note. there are authorized to be appropriated to the Administrative Conference

of the United States, in addition to amounts authorized by section 596 of

title 5, United States Code, not in excess of $500,000 for each of the fiscal

years 1991, 1992, and 1993.

Sec. 5. Sunset and Savings Provisions.

5 USC 561 Subchapter III of chapter 5, United States Code, (enacted as

note. Subchapter IV of chapter 5 of title 5, United States Code, by section 3 of

this Act and redesignated as Subchapter II of chapter 5 by section (3)(a) of

the Administrative Procedure Technical Amendments Act of 1991); and

that portion of the table of sections at the beginning of chapter 5 of title 5,

United States Code, relating to Subchapter III, are repealed, effective 6

years after the date of the enactment of this Act, except that the provisions

of such Subchapter shall continue to apply after the date of the repeal with

respect to then pending negotiated rulemaking proceedings initiated

before the date of repeal which, in the judgment of the agencies which are

convening or have convened such proceedings, require such continuation,

until such negotiated rulemaking proceedings terminate pursuant to such

Subchapter.

'Public Law 101-648, section 3(a), 104 Stat. 4975, November 29, 1990; Public Law 102-354, section 3(aX2),

5), 106 Stat. 944, August 26, 1992; Public Law 104-320, section I l(b), 110 Stat. 3873, October 19, 1996.

Public Law 104-320, section I l(d)(1), 110 Stat. 3874, October 19, 1996, added this section.

632
C. ADMINISTRATIVE DISPUTE RESOLUTION

ACT, AS AMENDED

Public Law 101-552 104 Stat. 2736

November 15, 1990

An Act

To authorize and encourage Federal agencies to use mediation,

conciliation, arbitration, and other techniques for the prompt and

informal resolution of disputes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled,

Sec. 1. Short Title

This Act may be cited as the "Administrative Dispute Resolution

Act."'

Sec. 2. Findings.

The Congress finds that-

(1) administrative procedure, as embodied in chapter 5 of title 5,

United States Code, and other statutes, is intended to offer a prompt,

expert, and inexpensive means of resolving disputes as an alternative

to litigation in the Federal courts;

(2) administrative proceedings have become increasingly formal,

costly, and lengthy resulting in unnecessary expenditures of time and

in a decreased likelihood of achieving consensual resolution of

disputes;

(3) alternative means of dispute resolution have been used in the

private sector for many years and, in appropriate circumstances, have

yielded decisions that are faster, less expensive, and less contentious;

(4) such alternative means can lead to more creative, efficient, and

sensible outcomes;

(5) such alternative means may be used advantageously in a wide

variety of administrative programs;

(6) explicit authorization of the use of well-tested dispute

resolution techniques will eliminate ambiguity of agency authority

under existing law;

(7) Federal agencies may not only receive the benefit of techniques

that were developed in the private sector, but may also take the lead in

the further development and refinement of such techniques; and

(8) the availability of a wide range of dispute resolution

procedures, and an increased understanding of the most effective use

of such procedures, will enhance the operation of the Government and

better serve the public.

Sec. 3. Promotion of Alternative Means of Dispute Resolution.

(a) PROMULGATION OF AGENCY POLICY.-Each agency shall

adopt a policy that addresses the use of alternative means of dispute

'When originally enacted, this law was codified at 5 USC 581, note. P.L. 102-354 (106 Stat 943) redesignated

section numbers and U.S. Code cites and made minor amendments to the act.

633
resolution and case management. In developing such a policy, each

agency shall-

(1) consult with the Administrative Conference of the United

States and the Federal Mediation and Conciliation Service; and

(2) examine alternative means of resolving disputes in connection

with-

(A) formal and informal adjudications;

(B) rulemakings;

(C) enforcement actions;

(D) issuing and revoking licenses or permits;

(E) contract administration;

(F) litigation brought by or against the agency; and

(G) other agency actions.

(b) DISPUTE RESOLUTION SPECIALISTS.-The head of each

agency shall designate a senior official to be the dispute resolution

specialist of the agency. Such official shall be responsible for the

implementation of-

(1) the provisions of this Act and the amendments made by this

Act; and

(2) the agency policy developed under subsection (a).

(c) TRAINING.-Each agency shall provide for training on a regular

basis for the dispute resolution specialist of the agency and other

employees involved in implementing the policy of the agency developed

under subsection (a). Such training should encompass the theory and

practice of negotiation, mediation, arbitration, or related techniques. The

dispute resolution specialist shall periodically recommend to the agency

head agency employees who would benefit from similar training.

(d) PROCEDURES FOR GRANTS AND CONTRACTS.-

(1) Each agency shall review each of its standard agreements for

contracts, grants, and other assistance and shall determine whether to

amend any such standard agreements to authorize and encourage the

use of alternative means of dispute resolution.

(2)(A) Within 1 year after the date of the enactment of this Act, the

Federal Acquisition Regulation shall be amended, as necessary, to

carry out this Act ad the amendments made by this Act.

(B) For purposes of this section, the term "Federal Acquisition

Regulation" means the single system of Government-wide

procurement regulation referred to in section 6(a) of the Office of

Federal Procurement Policy Act (41 USC 405(a)).

Sec. 4. Administrative Procedures.

(a) ADMINISTRATIVE HEARINGS.-Section 556(c) of title 5,

United States Code, is amended-

(1) in paragraph (6) by inserting before the semicolon at the end

thereof the following: "or by the use of alternative means of dispute

resolution as provided in Subchapter IV of this Chapter"; and

(2) by redesignating paragraphs (7) through (9) as paragraphs (9)

through (11), respectively, and inserting after paragraph (6) the

following new paragraphs:

(7) inform the parties as to the availability of one or more

alternative means of dispute resolution, and encourage use of such

methods;

634
(8) require the attendance at any conference held pursuant to

paragraph (6) of at least one representative of each party who has

authority to negotiate concerning resolution of issues in controversy;

(b) ALTERNATIVE MEANS OF DISPUTE RESOLUTION.-

Chapter 5 of title 5, United States Code, is amended by adding at the end

the following new Subchapter:

Subchapter IV-Alternative Means Of Dispute Resolution In The

Administrative Process

5 USC 571. Sec. 571. Definitions.

For the purposes of this Subchapter, the term- 2

(1) "agency" has the same meaning as in section 5 51 (1) of this

title;

(2) "administrative program" includes a Federal function which

involves protection of the public interest and the determination of

rights, privileges, and obligations of private persons through rule

making, adjudication, licensing, or investigation, as those terms are

used in Subchapter II of this chapter;

(3) "alternative means of dispute resolution" means any procedure

that is used to resolve issues in controversy, including, but not limited

to, conciliation, facilitation, mediation, fact-finding, minitrials,

arbitration, and use of ombuds, or any combination thereof;

(4) "award" means any decision by an arbitrator resolving the

issues in controversy;

(5) "dispute resolution communication" means any oral or written

communication prepared for the purposes of a dispute resolution

proceeding, including any memoranda, notes or work product of the

neutral, parties or nonparty participant; except that a written agreement

to enter into a dispute resolution proceeding, or final written

agreement or arbitral award reached as a result of a dispute resolution

proceeding, is not a dispute resolution communication;

(6) "dispute resolution proceeding" means any process in which an

alternative means of dispute resolution is used to resolve an issue in

controversy in which a neutral is appointed and specified parties

participate;

(7) "in confidence" means, with respect to information, that the

information is provided-

(A) with the expressed intent of the source that it not be

disclosed; or

(B) under circumstances that would create the reasonable

expectation on behalf of the source that the information will not be

disclosed;

(8) "issue in controversy" means an issue which is material to a

decision concerning an administrative program of an agency, and with

which there is disagreement-

(A) between an agency and persons who would be substantially

affected by the decision; or

2

Public Law 102-354, section 3(b)(1), 106 Stat. 944, August 26, 1992, inserted this Subchapter (5 USCS

sections 571 et seq. (formerly sections 581 et seq.)) after Subchapter III as redesignated (5 USCS section 561 et.

seq.)

635
(B) between persons who would be substantially affected by

the decision;

(9) "neutral" means an individual who, with respect to an issue in

controversy, functions specifically to aid the parties in resolving the

controversy;

(10) "party" means-

(A) for a proceeding with named parties, the same as in section

551(3) of this title; and

(B) for a proceeding without named parties, a person who will

be significantly affected by the decision in the proceeding and who

participates in the proceeding;

(11) "person" has the same meaning as in section 551(2) of this

title; and

(12) "roster" means a list of persons qualified to provide services

as neutrals. 3

5 USC 572. Sec. 572. General authority

(a) An agency may use a dispute resolution proceeding for the

resolution of an issue in controversy that relates to an administrative

program, if the parties agree to such proceeding.

(b) An agency shall consider not using a dispute resolution proceeding

if-

(1) a definitive or authoritative resolution of the matter is required

for precedential value, and such a proceeding is not likely to be

accepted generally as an authoritative precedent;

(2) the matter involves or may bear upon significant questions of

Government policy that require additional procedures before a final

resolution may be made, and such a proceeding would not likely serve

to develop a recommended policy for the agency;

(3) maintaining established policies is of special importance, so

that variations among individual decision are not increased and such a

proceeding would not likely reach consistent results among individual

decisions;

(4) the matter significantly affects persons or organizations who

are not parties to the proceeding;

(5) a full public record of the proceeding is important, and a

dispute resolution proceeding cannot provide such a record; and

(6) the agency must maintain continuing jurisdiction over the

matter with authority to alter the disposition of the matter in the light

of changed circumstances, and a dispute resolution proceeding would

interfere with the agency's fulfilling that requirement.

(c) Alternative means of dispute resolution authorized under this

Subchapter are voluntary procedures which supplement rather than limit

other available agency dispute resolution techniques.

5 USC 573. Sec. 573. Neutrals

(a) A neutral may be a permanent or temporary officer or employee of

the Federal Government or any other individual who is acceptable to the

parties to a dispute resolution proceeding. A neutral shall have no official,

financial, or personal conflict of interest with respect to the issues in

3

Public Law 101-552, section 4(b), 104 Stat. 2738; November 15, 1990; Public Law 102-354, sections3(b)(2),

5(b)(1), (2), 106 Stat. 944, 946, August 26, 1992; Public Law 104-320, section 2, 110 Stat. 3870, October 19,

1996.

636
controversy, unless such interest is fully disclosed in writing to all parties

and all parties agree that the neutral may serve.

(b) A neutral who serves as a conciliator, facilitator, or mediator

serves at the will of the parties.

(c) The President shall designate an agency or designate or establish

an interagency committee to facilitate and encourage agency use of

dispute resolution under this Subchapter. Such agency or interagency

committee, in consultation with other appropriate Federal agencies and

professional organizations experienced in matters concerning dispute

resolution, shall-

(1) encourage and facilitate agency use of alternative means of

dispute resolution; and

(2) develop procedures that permit agencies to obtain the services

of neutrals on an expedited basis.

(d) An agency may use the services or one or more employees of other

agencies to serve as neutrals in dispute resolution proceedings. The

agencies may enter into an interagency agreement that provides for the

reimbursement by the user agency or the parties of the full or partial cost

of the services of such an employee.

(e) Any agency may enter into a contract with any person for services

as a neutral, or for training in connection with alternative means of dispute

resolution. The parties in a dispute resolution proceeding shall agree on

compensation for the neutral that is fair and reasonable to the

Government.4

5 USC 574. Sec. 574. Confidentiality

(a) Except as provided in subsections (d) and (e), a neutral in a dispute

resolution proceeding shall not voluntarily disclose or through discovery

or compulsory process be required to disclose any dispute resolution

communication or any communication provided in confidence to the

neutral, unless-

(1) all parties to the dispute resolution proceeding and the neutral

consent in writing, and, if the dispute resolution communication was

provided by a nonparty participant, that participant also consents in

writing;

(2) the dispute resolution communication has already been made

public;

(3) the dispute resolution communication is required by statute to

be made public, but a neutral should make such communication public

only if no other person is reasonably available to disclose the

communication; or

(4) a court determines that such testimony or disclosure is

necessary to-

(A) prevent a manifest injustice;

(B) help establish a violation of law; or

(C) prevent harm to the public health or safety, of sufficient

magnitude in the particular case to outweigh the integrity of

dispute resolution proceedings in general by reducing the

confidence of parties in future cases that their communications will

remain confidential.

4

Public Law 101-552, section 4(b), 104 Stat. 2739, November 15, 1990; Public Law 102-354, section 3(b)(2),

106 Stat. 944, August 26, 1992; Public Law 104-320, section 7(b), 110 Stat. 3872, October 19, 1996.

637
(b) A party to a dispute resolution proceeding shall not voluntarily

disclose or through discovery or compulsory process be required to

disclose any dispute resolution communications unless-

(1) the communication was prepared by the party seeking

disclosure;

(2) all parties to the dispute resolution proceeding consent in

writing;

(3) the dispute resolution communication has already been made

public;

(4) the dispute resolution communication is required by statute to

be made public;

(5) a court determines that such testimony or disclosure is

necessary to-

(A) prevent a manifest injustice;

(B) help establish a violation of law; or

(C) prevent harm to the public health and safety, of sufficient

magnitude in the particular case to outweigh the integrity of

dispute resolution proceedings in general by reducing the

confidence of parties in future cases that their communications will

remain confidential;

(6) the dispute resolution communication is relevant to determining

the existence or meaning of an agreement or award that resulted from

the dispute resolution communication or to the enforcement of such an

agreement or award; or

(7) except for dispute resolution communications generated by the

neutral, the dispute resolution communication was provided to or was

available to all parties to the dispute resolution proceeding.

(c) Any dispute resolution communication that is disclosed in violation

of sub-section (a) or (b),5 shall not be admissible in any proceeding

relating to the issues in controversy with respect to which the

communication was made.

(d)(1) The parties may agree to alternative confidential procedures for

disclosures by a neutral. Upon such agreement the parties shall inform the

neutral before the commencement of the dispute resolution proceeding of

any modifications to the provisions of subsection (a) that will govern the

confidentiality of the dispute resolution proceeding. If the parties do not

so inform the neutral, subsection (a) shall apply.

(2) To qualify for the exemption established under subsection (j),

an alternative confidential procedure under this subsection may not

provide for less disclosure than the confidential procedures otherwise

provided under this section.

(e) If a demand of disclosure, by way of discovery request or other

legal process is made upon a neutral regarding a dispute resolution

communication, the neutral shall make reasonable efforts to notify the

parties and any affected nonparty participants of the demand. Any party or

affected nonparty participant who receives such notice and within 15

calendar days does not offer to defend a refusal of the neutral to disclose

the requested information shall have waived any objection to such

disclosure.

Comma probably is unnecessary. Typo is in original law.

638
(f) Nothing in this section shall prevent the discovery or admissibility

of any evidence that is otherwise discoverable, merely because the

evidence was presented in the course of a dispute resolution proceeding.

(g) Subsections (a) and (b) shall have no effect on the information and

data that are necessary to document an agreement reached or order issued

pursuant to a dispute resolution proceeding.

(h) Subsections (a) and (b) shall not prevent the gathering of

information for research or educational purposes, in cooperation with

other agencies, governmental entities, or dispute resolution programs, so

long as the parties and the specific issues in controversy are not

identifiable.

(i) Subsections (a) and (b) shall not prevent use of a dispute

resolution communication to resolve a dispute between the

neutral in a dispute resolution proceeding and a party to or

participant in such proceeding so long as such dispute

resolution communication is disclosed only to the extent

necessary to resolve such dispute.

(j) A dispute resolution communication which is between a neutral and

a party and which may not be disclosed under this section shall also be

exempt from disclosure under section 552(b)(3).'

5 USC 575. Sec. 575. Authorization of Arbitration

(a)(1) Arbitration may be used as an alternative means of dispute

resolution whenever all parties consent. Consent may be obtained either

before or after an issue in controversy has arisen. A party may agree to-

(A) submit only certain issues in controversy to arbitration; or

(B) arbitration on the condition that the award must be within a

range of possible outcomes.

(2) The arbitration agreement that sets forth the subject matter

submitting to the arbitration shall be in writing. Each such arbitration

agreement shall specify a maximum award that may be issued by the

arbitrator and may specify other conditions limiting the range of

possible outcomes.

(3) An agency may not require any person to consent to arbitration

as a condition of entering into a contract or obtaining a benefit.

(b) An officer or employee of an agency shall not offer to use

arbitration for the resolution of issues in controversy unless such officer or

employee-

(1) would otherwise have authority to enter into a settlement

concerning the matter; or

(2) is otherwise specifically authorized by the agency to consent to

the use of arbitration.

(c) Prior to using binding arbitration under this Subchapter, the head of

an agency, in consultation with the Attorney General and after taking into

account the factors in section 572(b), shall issue guidance on the

appropriate use of binding arbitration and when an officer or employee of

the agency has authority to settle an issue in controversy through binding

arbitration. 7

6

Public Law 101-552, section 4(b), 104 Stat. 2740, November 15, 1990; Public Law 102-354, section 3(b)(2),

106 Stat. 944, August 26, 1992; Public Law 104-320, section 3, 110 Stat. 3870, October 19, 1996. 7

Public Law 101-552, section 4(b), 104 Stat. 2742, November 15, 1990; Public Law 102-354, section 3(b)(2),

106 Stat. 944, August 26, 1992; Public Law 104-320, section 8(c), 110 Stat. 3872, October 19, 1996.

639
5 USC 576. Sec. 576. Enforcement of Arbitration Agreements.

An agreement to arbitrate a matter to which this Subchapter applies is

enforcement pursuant to section 4 of title 9, and no action brought to

enforce such an agreement shall be dismissed nor shall relief therein be

denied on the grounds that it is against the United States or that the United

States is an indispensable party.

5 USC 577. See. 577. Arbitrators

(a) The parties to an arbitration proceeding shall be entitled to

participate in the selection of the arbitrator.

(b) The arbitrator shall be a neutral who meets the criteria of section

573 of this title.

5 USC 578. See. 578. Authority of the Arbitrator

An arbitrator to whom a dispute is referred under this Subchapter

may-

(1) regulate the course of and conduct arbitral hearings;

(2) administer oaths and affirmations;

(3) compel the attendance of witnesses and production of evidence

at the hearing under the provisions of section 7 of title 9 only to the

extent the agency involved is otherwise authorized by law to do so;

and

(4) make awards.

5 USC 579. See. 579. Arbitration Proceedings

(a) The arbitrator shall set a time and place for the hearing on the

dispute and shall notify the parties not less than 5 days before the hearing.

(b) Any party wishing a record of the hearing shall-

(1) be responsible for the preparation of such record;

(2) notify the other parties and the arbitrator of the preparation of

such record;

(3) furnish copies to all identified parties and the arbitrator; and

(4) pay all costs for such record, unless the parties agree otherwise

or the arbitrator determines that the costs should be apportioned.

(c)(1) The parties to the arbitration are entitled to be heard, to present

evidence material to the controversy, and to cross-examine witnesses

appearing at the hearing.

(2) The arbitrator may, with the consent of the parties, conduct all

or part of the hearing by telephone, television, computer, or other

electronic means, if each party has an opportunity to participate.

(3) The hearing shall be conducted expeditiously and in an

informal manner.

(4) The arbitrator may receive any oral or documentary evidence,

except that irrelevant, immaterial, unduly repetitious, or privileged

evidence may be excluded by the arbitrator.

(5) The arbitrator shall interpret and apply relevant statutory and

regulatory requirements, legal precedents, and policy directives.

(d) No interested person shall make or knowingly cause to be made to

the arbitrator an unauthorized ex parte communication relevant to the

merits of the proceeding, unless the parties agree otherwise. If a

communication is made in violation of this subsection, the arbitrator shall

ensure that a memorandum of the communication is prepared and made a

part of the record, and that an opportunity for rebuttal is allowed. Upon

receipt of a communication made in violation of this subsection, the

arbitrator may, to the extent consistent with the interests of justice and the

640
policies underlying this subchapter, require the offending party to show

cause why the claim of such party should not be resolved against such

party as a result of the improper conduct.

(e) The arbitrator shall make the award within 30 days after the close

of the hearing, or the date of the filing of any briefs authorized by the

arbitrator, whichever date is later, unless-

(1) the parties agree to some other time limit; or

(2) the agency provides by rule for some other time limit.

5 USC 580. Sec. 580. Arbitration Awards

(a)(1) Unless the agency provides otherwise by rule, the award in an

arbitration proceeding under this subchapter shall include a brief, informal

discussion of the factual and legal basis for the award, but formal findings

of fact or conclusions of law shall not be required.

(2) The prevailing parties shall file the award with all relevant

agencies, along with proof of service on all parties.

(b) The award in an arbitration proceeding shall become final 30 days

after it is served on'all parties. Any agency that is a party to the

proceeding may extend this 30-day period for an additional 30-day period

by serving a notice of such extension on all other parties before the end of

the first 30-day period.

(c) A final award is binding on the parties to the arbitration

proceeding, and may be enforced pursuant to sections 9 through 13 of title

9. No action brought to enforce such an award shall be dismissed nor

shall relief therein be denied on the grounds that it is against the United

States or that the United States is an indispensable party.

(d) An award entered under this subchapter in an arbitration

proceeding may not serve as an estoppel in any other proceeding for any

issue that was resolved in the proceeding. Such an award also may not be

used as precedent or otherwise be considered in any factually unrelated

proceeding, whether conducted under this subchapter, by an agency, or in

a court, or in any other arbitration proceeding.8

5 USC 581. Sec. 581. Judicial Review

(a) Notwithstanding any other provision of law, any person adversely

affected or aggrieved by an award made in an arbitration proceeding

conducted under this subchapter may bring an action for review of such

award only pursuant to the provisions of sections 9 through 13 of title 9.

(b)(1) A decision by an agency to use or not to use a dispute resolution

proceeding under this subchapter shall be committed to the discretion of

the agency and shall not be subject to judicial review, except that

arbitration shall be subject to judicial review under section 10(b) of title 9.

(2) A decision by the head of an agency under section 580 to

terminate an arbitration proceeding or vacate an arbitral award shall be

committed to the discretion of the agency and shall not be subject to

judicial review.9

8

Public Law 101-552, section 4(b), 104 Stat. 2743, November 15, 1990; Public Law 102-354, sections3(b)(2),

5(b)(3), 106 Stat. 944, 946; August 26, 1992; Public Law 104-320, section 8(a), 110 Stat. 3872, October 19,

1996.

9

Public Law 101-552, section 4(b), 104 Stat. 2744, November 15, 1990; Public Law 102-354, section 3(b)(2),

(4), 106 Stat. 944, August 26, 1992; Public Law 104-320, section 8(b), 110 Stat. 3872, October 19, 1996.

641
5 USC 582. Sec. 582. Repealed. 1o

5 USC 583. See. 583. Support Services

For the purposes of this subchapter, an agency may use (with or

without reimbursement) the services and facilities of other Federal

agencies, state, local, and tribal governments, public and private

organizations and agencies, and individuals with the consent of such

agencies, organizations, and individuals. An agency may accept voluntary

and uncompensated services for purposes of this subchapter without

regard to the provisions of section 1342 of title 31.

5 USC 584. Sec. 584. Authorization of Appropriations

There are authorized to be appropriated such sums as may be

necessary to carry out the purposes of this Subchapter.

Sec. 5. Judicial Review of Arbitration Awards.

Section 10 of title 9, United States Code, is amended-

(1) by redesignating subsections (a) through (e) as paragraphs (1)

through (5), respectively;

(2) by striking out "In either" and inserting in lieu thereof "(a) In

any"; and

(3) by adding at the end thereof the following:

(b) The United States district court for the district wherein an award

was made that was issued pursuant to section 590 of title 5 may make an

order vacating the award upon the application of a person, other than a

party to the arbitration, who is adversely affected or aggrieved by the

award, if the use of arbitration or the award is clearly inconsistent with the

factors set forth in section 582 of title 5.

Sec. 6. Government Contract Claims.

(a) ALTERNATIVE MEANS OF DISPUTE RESOLUTION.-Section

6 of the Contract Disputes Act of 1978 (41 USC 606) is amended by

adding at the end the following new subsections:

(d) Notwithstanding any other provision of this Act, a contractor and a

contracting officer may use any alternative means of dispute resolution

under Subchapter IV of chapter 5 of title 5, United States Code, or other

mutually agreeable procedures, for resolving claims. In a case in which

such alternative means of dispute resolution or other mutually agreeable

procedures are used, the contractor shall certify that the claim is made in

good faith, that the supporting data are accurate and complete to the best

of his or her knowledge and belief, and that the amount requested

accurately reflects the contract adjustment for which the contractor

believes the Government is liable. All provisions of Subchapter IV of

chapter 5 of title 5, United States Code, shall apply to such alternative

means of dispute resolution.

(e) The authority of agencies to engage in alternative means of dispute

resolution proceedings under subsection (d) shall cease to be effective on

October 1, 1995, except that such authority shall continue in effect with

respect to then pending dispute resolution proceedings which, in the

judgment of the agencies that are parties to such proceedings, require such

continuation, until such proceedings terminate.

(b) JUDICIAL REVIEW OF ARBITRAL AWARDS.-Section 8(g) of

the Contract Disputes Act of 1978 (41 USC 607(g)) is amended by adding

at the end the following new paragraph:

'

0Pub. L. 104-320, section 4(b)(1), Oct. 19, 1996, 110 Stat. 3871.

642
(3) An award by an arbitrator under this Act shall be reviewed

pursuant to sections 9 through 13 of title 9, United States Code, except

that the court may set aside or limit any award that is found to violate

limitations imposed by Federal statue.

Sec. 7. Federal Mediation and Conciliation Service

Section 203 of the Labor Management Relations Act, 1947 (29 USC

173) is amended by adding at the end the following new subsection:

(f) The Service may make its services available to Federal, agencies to

aid in the resolution of disputes under the provisions of Subchapter IV of

chapter 5 of title 5, United States Code. Functions performed by the

Service may include assisting parties to disputes related to administrative

programs, training persons in skills and procedures employed in

alternative means of dispute resolution, and furnishing officers and

employees of the Service to act as neutrals. Only officers and employees

who are qualified in accordance with section 583 of title 5, United States

Code, may be assigned to act as neutrals. The Service shall consult with

the Administrative Conference of the United States and other agencies in

maintaining rosters of neutrals and arbitrators, and to adopt such

procedures and rules as are necessary to carry out the services authorized

in this subsection.

Sec. 8. Government Tort and Other Claims.

(a) FEDERAL TORT CLAIMS.-Section 2672 of title 28, United

States Code, is amended by adding at the end of the first paragraph the

following:

Notwithstanding the proviso contained in the preceding sentence, any

award, compromise, or settlement may be effected without the prior

written approval of the Attorney General or his or her designee, to the

extent that the Attorney General delegates to the head of the agency

the authority to make such award, compromise, or settlement. Such

delegations may not exceed the authority delegated by the Attorney

General to the United States attorneys to settle claims for money

damages against the United States. Each Federal agency may use

arbitration, or other alternative means of dispute resolution under the

provisions of Subchapter IV of chapter 5 of title 5, to settle any tort

claim against the United States, to the extent of the agency's authority

to award, compromise, or settle such claim without the prior written

approval of the Attorney General or his or her designee.

(b) CLAIMS OF THE GOVERNMENT.-Section 3711 (a)(2) of title

31, United States Code, is amended by striking out "$20,000 (excluding

interest)" and inserting in lieu thereof "$100,000 (excluding interest) or

such higher amount as the Attorney General may from time to time

prescribe."

Sec. 9. Use of Non-attorneys.

(a) REPRESENTATION OF PARTIES.-Each agency, in developing a

policy on the use of alternative means of dispute resolution under this Act,

shall develop a policy with regard to the representation by persons other

than attorneys of parties in alternative dispute resolution proceedings and

shall identify any of its administrative programs with numerous claims or

disputes before the agency and determine-

(1) the extent to which individuals are represented or assisted by

attorneys or by persons who are not attorneys; and

643
(2) whether the subject areas of the applicable proceedings or the

procedures are so complex or specialized that only attorneys may

adequately provide such representation or assistance.

(b) REPRESENTATION AND ASSISTANCE BY NONATTORNEYS.-A person who is not an attorney may provide

representation or assistance to any individual in a claim or dispute with an

agency, if-

(1) such claim or dispute concerns an administrative program

identified under subsection (a);

(2) such agency determines that the proceeding or procedure does

not necessitate representation or assistance by an attorney under

subsection (a)(2); and

(3) such person meets any requirement of the agency to provide

representation or assistance in such a claim or dispute.

(c) DISQUALIFICATION OF REPRESENTATION OR

ASSISTANCE.-Any agency that adopts regulations under Subchapter IV

of chapter 5 of title 5, United States Code, to permit representation or

assistance by persons who are not attorneys shall review the rules of

practice before such agency to-

(1) ensure that any rules pertaining to disqualification of attorneys

from practicing before the agency shall also apply, as appropriate, to

other persons who provide representation or assistance; and

(2) establish effective agency procedures for enforcing such rules

of practice and for receiving complaints from affected persons.

Sec. 10. Definitions.

As used in this Act, the terms "agency", "administrative program", and "alternative means of dispute resolution" have the meanings given such

terms in section 581 of title 5, United States Code, as added by section

4(b) of this Act.

Sec. 11. Sunset Provision.

The authority of agencies to use dispute resolution proceedings under

this Act and the amendments made by this Act shall terminate on October

1, 1995, except that such authority shall continue in effect with respect to

then pending proceedings which, in the judgment of the agencies that are

parties to the dispute resolution proceedings, require such continuation,

until such proceedings terminate.

644
D. REGULATORY FLEXIBILITY ACT

AMENDMENTS-5 USC 601-612

Chapter 6-The Analysis Of Regulatory Functions

5 USC 601 - 612

Sec. 601. Definitions.

For purposes of this Chapter-

(1) the term "agency" means an agency as defined in section 551 of

this title;

(2) The term "rule" means any rule for which the agency publishes

a general notice of proposed rulemaking pursuant to section 553(b) of

this title, or any other law, including any rule of general applicability

governing Federal grants to State and local governments for which the

agency provides an opportunity for notice and public comment, except

that the term "rule" does not include a rule of particular applicability

relating to rates, wages, corporate or financial structures or

reorganizations thereof, prices, facilities, appliances, services, or

allowances therefor or to valuations, costs or accounting, or practices

relating to such rates, wages, structures, prices, appliances, services, or

allowances;

(3) the term "small business" has the same meaning as the term "small business concern" under section 3 of the Small Business Act,

unless an agency, after consultation with the Office of Advocacy of

the Small Business Administration and after opportunity for public

comment, establishes one or more definitions of such term which are

appropriate to the activities of the agency and publishes such

definitions(s) in the Federal Register;

(4) the term "small organization" means any not-for-profit

enterprise which is independently owned and operated and is not

dominant in its field, unless an agency establishes, after opportunity

for public comment, one or more definitions of such term which are

appropriate to the activities of the agency and publishes such

definition(s) in the Federal Register;

(5) the term "small governmental jurisdiction" means governments

of cities, counties, towns, townships, villages, school districts, or

special districts, with a population of less than fifty thousand, unless

an agency establishes, after opportunity for public comment, one or

more definitions of such term which are appropriate to the activities of

the agency and which are based on such factors as location in rural or

sparsely populated areas or limited revenues due to the population of

such jurisdiction, and publishes definition(s) in the Federal Register;

and

(6) the term "small entity" shall have the same meaning as the

terms "small business," "small organization" and "small governmental

jurisdiction" defined in paragraphs (3), (4) and (5) of this section.

(7) the term "collection of information"-

(A) means the obtaining, causing to be obtained, soliciting, or

requiring the disclosure to third parties or the public, of facts or

opinions by or for an agency, regardless of form or format, calling

for either645
(i) answers to identical questions posed to, or identical

reporting or recordkeeping requirements imposed on, 10 or

more persons, other than agencies, instrumentalities, or

employees of the United States; or

(ii) answers to questions posed to agencies,

instrumentalities, or employees of the United States which are

to be used for general statistical purposes; and

(B) shall not include a collection of information described

under section 3518(c)(1) of title 44, United States Code.

(8) Recordkeeping Requirement.-The term "recordkeeping

requirement" means a requirement imposed by an agency on persons

to maintain specified records.1

Sec. 602. Regulatory Agenda.

(a) During the months of October and April of each year, each agency

shall publish in the Federal Register a regulatory flexibility agenda which

shall contain-

(1) a brief description of the subject area of any rule which the

agency expects to proposed or promulgate which is likely to have a

significant economic impact on a substantial number of small entities;

(2) a summary of the nature of any such rule under consideration

for each subject area listed in the agenda pursuant to paragraph (1), the

objectives and legal basis for the issuance of the rule, and an

approximate schedule for completing action on any rule for which the

agency has issued a general notice of proposed rulemaking, and

(3) the name and telephone number of an agency official

knowledgeable concerning the items listed in paragraph (1).

(b) Each regulatory flexibility agenda shall be transmitted to the Chief

Counsel for Advocacy of the Small Business Administration for

comment, if any.

(c) Each agency shall endeavor to provide notice of each regulatory

flexibility agenda to small entities or their representatives through direct

notification or publication of the agenda in publications likely to be

obtained by such small entities and shall invite comments upon each

subject area on the agenda.

(d) Nothing in this section precludes an agency from considering or

acting on any matter not included in a regulatory flexibility agenda, or

requires an agency to consider or act on any matter listed in such agenda.

(Added Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1166.)

Sec. 603. Initial Regulatory Flexibility Analysis.

(a) Whenever an agency is required by section 553 of this title, or any

other law, to publish general notice of proposed rulemaking for any

proposed rule, or publishes a notice of proposed rulemaking for an

interpretative rule involving the internal revenue laws of the United

States, the agency shall prepare and make available for public comment an

initial regulatory flexibility analysis. Such analysis shall describe the

impact of the proposed rule on small entities. The initial regulatory

flexibility analysis or a summary shall be published in the Federal

Register at the time of the publication of general notice of proposed

rulemaking for the rule. The agency shall transmit a copy of the initial

regulatory flexibility analysis to the Chief Counsel for Advocacy of the

'Public Law 104-121, title II, Subtitle D, section 241(aX2), 110 Stat. 864, March 29, 1996.

646
Small Business Administration. In the case of an interpretative rule

involving the internal revenue laws of the United States, this chapter

applies to interpretative rules published in the Federal Register for

codification in the Code of Federal Regulations, but only to the extent that

such interpretative rules impose on small entities a collection of

information requirement.

(b) Each initial regulatory flexibility analysis required under this

section shall contain-

(1) a description of the reasons why action by the agency is being

considered;

(2) a succinct statement of the objectives of, and legal basis for, the

proposed rule;

(3) a description of and, where feasible, an estimate of the number

of small entities to which the proposed rule will apply;

(4) a description of the projected reporting, recordkeeping and

other compliance requirements of the proposed rule, including an

estimate of the classes of small entities which will be subject to the

requirement and the type of professional skills necessary for

preparation of the report or record;

(5) an identification, to the extent practicable, of all relevant

Federal rules which may duplicate, overlap or conflict with the

proposed rule.

(c) Each initial regulatory flexibility analysis shall also contain a

description of any significant alternatives to the proposed rule which

accomplish the stated objectives of applicable statutes and which

minimize any significant economic impact of the proposed rule on small

entities. Consistent with the stated objectives of applicable statutes, the

analysis shall discuss significant alternatives such as-

(1) the establishment of differing compliance or reporting

requirements or timetables that take into account the resources

available to small entities;

(2) the clarification, consolidation, or simplification of compliance

and reporting requirements under the rule for such small entities;

(3) the use of performance rather than design standards; and

(4) an exemption from coverage of the rule, or any part thereof, for

such small entities.2

Sec. 604. Final Regulatory Flexibility Analysis.

(a) When an agency promulgates a final rule under section 553 of this

title, after being required by that section or any other law to publish a

general notice of proposed rulemaking, or promulgates a final

interpretative rule involving the internal revenue laws of the United States

as described in section 603(a), the agency shall prepare a final regulatory

flexibility analysis. Each final regulatory flexibility analysis shall contain-

(1) a succinct statement of the need for, and objectives of, the rule;

(2) a summary of the significant issues raised by the public

comments in response to the initial regulatory flexibility analysis, a

summary of the assessment of the agency of such issues, and a

statement of any changes made in the proposed rule as a result of such

comments;

2

Public Law 104-121, title II, Subtitle D, section 241(a)(1), 110 Stat. 864, March 29, 1996.

647
(3) a description of and an estimate of the number of small entities

to which the rule will apply or an explanation of why no such estimate

is available;

(4) a description of the projected reporting, recordkeeping and

other compliance requirements of the rule, including an estimate of the

classes of small entities which will be subject to the requirement and

the type of professional skills necessary for preparation of the report or

record; and

(5) a description of the steps the agency has taken to minimize the

significant economic impact on small entities consistent with the

stated objectives of applicable statutes, including a statement of the

factual, policy, and legal reasons for selecting the alternative adopted

in the final rule and why each one of the other significant alternatives

to the rule considered by the agency which affect the impact on small

entities was rejected.

(b) The agency shall make copies of the final regulatory flexibility

analysis available to members of the public and shallpublish in the

Federal Register such analysis or a summary thereof.

Sec. 605. Avoidance of Duplicative or Unnecessary Analyses.

(a) Any Federal agency may perform the analyses required by sections

602, 603, and 604 of this title in conjunction with or as a part of any other

agenda or analysis required by any other law if such other analysis

satisfies the provisions of such sections.

(b) Sections 603 and 604 of this title shall not apply to any proposed

or final rule if the head of the agency certifies that the rule will not, if

promulgated, have a significant economic impact on a substantial number

of small entities. If the head of the agency makes a certification under the

preceding sentence, the agency shall publish such certification in the

Federal Register at the time of publication of general notice of proposed

rulemaking for the rule or at the time of publication of the final rule, along

with a statement providing the factual basis for such certification. The

agency shall provide such certification and statement to the Chief Counsel

for Advocacy of the Small Business Administration.

(c) In order to avoid duplicative action, an agency may consider a

series of closely related rules as one rule for the purposes of sections 602,

603, 604 and 610 of this title.4

Sec. 606. Effect on Other Law.

The requirements of sections 603 and 604 of this title do not alter in

any manner standards otherwise applicable by law to agency action.

Sec. 607. Preparation of Analyses.

In complying with the provisions of sections 603 and 604 of this title,

an agency may provide either a quantifiable or numerical description of

the effects of a proposed rule or alternatives to the proposed rule, or more

general descriptive statements if quantification is not practicable or

reliable.

Sec. 608. Procedure for Waiver or Delay of Completion.

(a) An agency head may waive or delay the completion of some or all

of the requirements of section 603 of this title by publishing in the Federal

Register, not later than the date of publication of the final rule, a written

'Public Law 104-121, title 11, Subtitle D, section 241(b), 110 Stat. 864, March 29, 1996. 4

Public Law 104-121, title II, Subtitle D, section 243(a), 110 Stat. 866, March 29, 1996.

648
finding, with reasons therefor, that the final rule is being promulgated in

response to an emergency that makes compliance or timely compliance

with the provisions of section 603 of this title impracticable.

(b) Except as provided in section 605(b), an agency head may not

waive the requirements of section 604 of this title. An agency head may

delay the completion of the requirements of section 604 of this title for a

period of not more than one hundred and eighty days after the date of

publication in the Federal Register of a final rule by publishing in the

Federal Register, not later than such date of publication, a written finding,

with reasons therefor, that the final rule is being promulgated to response

to an emergency that makes timely compliance with the provisions of

section 604 of this title impracticable. If the agency has not prepared a

final regulatory analysis pursuant to section 604 of this title within one

hundred and eighty days from the date of publication of the final rule,

such rule shall lapse and have no effect. Such rule shall not be

repromulgated until a final regulatory flexibility analysis has been

completed by the agency. (Added Public Law 96-3 54, Sept. 19, 1980, 94

Stat. 1168.)

Sec. 609. Procedures for Gathering Comments.

(a) When any rule is promulgated which will have a significant

economic impact on a substantial number of small entities, the head of the

agency promulgating the rule or the official of the agency with statutory

responsibility for the promulgation of the rule shall assure that small

entities have been given an opportunity to participate in the rulemaking

for the rule through the reasonable use of techniques 2 such as-

(1) the inclusion in an advanced notice of proposed rulemaking, if

issued, of a statement that the proposed rule may have a significant

economic effect on a substantial number of small entities;

(2) the publication of general notice of proposed rulemaking in

publications likely to be obtained by small entities;

(3) the direct notification of interested small entities;

(4) the conduct of open conferences or public hearings concerning

the rule for small entities including soliciting and receiving comments

over computer networks; and

(5) the adoption or modification of agency procedural rules to

reduce the cost or complexity of participation in the rulemaking by

small entities.

(b) Prior to publication of an initial regulatory flexibility analysis

which a covered agency is required to conduct by this Chapter-

(1) a covered agency shall notify the Chief Counsel for Advocacy

of the Small Business Administration and provide the Chief Counsel

with information on the potential impacts of the proposed rule on

small entities and the type of small entities that might be affected;

(2) not later than 15 days after the date of receipt of the materials

described in paragraph (1), the Chief Counsel shall identify individuals

representative of affected small entities for the purpose of obtaining

advice and recommendations from those individuals about the

potential impacts of the proposed rule;

(3) the agency shall convene a review panel for such rule

consisting wholly of full time Federal employees of the office within

the agency responsible for carrying out the proposed rule, the Office of

649
Information and Regulatory Affairs within the Office of Management

and Budget, and the Chief Counsel;

(4) the panel shall review any material the agency has prepared in

connection with this chapter, including any draft proposed rule, collect

advice and recommendations of each individual small entity

representative identified by the agency after consultation with the

Chief Counsel, on issues related to subsections 603(b), paragraphs (3),

(4) and (5) and 603(c); 3

(5) not later than 60 days after the date a covered agency convenes

a review panel pursuant to paragraph (3), the review panel shall report

on the comments of the small entity representatives and its findings as

to issues related to subsections 603(b), paragraphs (3), (4) and (5) and

603(c), 4 provided that such report shall be made public as part of the

rulemaking record; and

(6) where appropriate, the agency shall modify the proposed rule,

the initial regulatory flexibility analysis or the decision on whether an

initial regulatory flexibility analysis is required.

(c) An agency may in its discretion apply subsection (b) to rules that

the agency intends to certify under subsection 605(b), but the agency

believes may have a greater than de minimis impact on a substantial

number of small entities.

(d) For purposes of this section, the term "covered agency" means the

Environmental Protection Agency and the Occupational Safety and Health

Administration of the Department of Labor.

(e) The Chief Counsel of Advocacy, in consultation with the

individuals identified in subsection (b)(2), and with the Administrator of

the Office of Information and Regulatory Affairs within the Office of

Management and Budget, may waive the requirements of subsections

(b)(3), (b)(4), and (b)(5) by including in the rulemaking record a written

finding, with reasons therefor, that those requirements would not advance

the effective participation of small entities in the rulemaking process. For

purposes of this subsection, the factors to be considered in making such a

finding are as follows:

(1) In developing a proposed rule, the extent to which the covered

agency consulted with individuals representative of affected small

entities with respect to the potential impacts of the rule and took such

concerns into consideration.

(2) Special circumstances requiring prompt issuance of the rule.

(3) Whether the requirements of subsection (b) would provide the

individuals identified in subsection (b)(2) with a competitive

advantage relative to other small entities.5

Sec. 610. Periodic Review of Rules.

(a) Within one hundred and eighty days after the effective date of this

chapter, each agency shall publish in the Federal Register a plan for the

periodic review of the rules issued by the agency which have or will have

a significant economic impact upon a substantial number of small entities.

Such plan may be amended by the agency at any time by publishing the

revision in the Federal Register. The purpose of the review shall be to

determine whether such rules should be continued without change, or

should be amended or rescinded, consistent with the stated objectives of

5

Public Law 104-121, title II, Subtitle D, section 244(a), 110 Stat. 867, March 29, 1996.

650
applicable statutes, to minimize any significant economic impact of the

rules upon a substantial number of such small entities. The plan shall

provide for the review of all such agency rules existing on the effective

date of this chapter within ten years of that date and for the review of such

rules adopted after the effective date of this chapter within ten years of the

publication of such rules as the final rule. If the head of the agency

determines that completion of the review of existing rules is not feasible

by the established date, he shall so certify in a statement published in the

Federal Register and may extend the completion date by one year at a

time for a total of not more than five years.

(b) In reviewing rules to minimize any significant economic impact of

the rule on a substantial number of small entities in a manner consistent

with the stated objectives of applicable statutes, the agency shall consider

the following factors-

(1) the continued need for the rule;

(2) the nature of complaints or comments received concerning the

rule from the public;

(3) the complexity of the rule;

(4) the extent to which the rule overlaps, duplicates or conflicts

with other federal rules, and, to the extent feasible, with State and

local governmental rules; and

(5) the length of time since the rule has been evaluated or the

degree to which technology, economic conditions, or other factors

have changed in the area affected by the rule.

(c) Each year, each agency shall publish in the Federal Register a list

of the rules which have a significant economic impact on a substantial

number of small entities, which are to be reviewed pursuant to this section

during the succeeding twelve months. The list shall include a brief

description of each rule and the need for and legal basis of such rule and

shall invite public comment upon the rule. (Added Pub. L. 96-354, Sept.

19, 1980, 94 Stat. 1168.)

Sec. 611. Judicial Review.

(a)(1) For any rule subject to this chapter, a small entity that is

adversely affected or aggrieved by final agency action is entitled to

judicial review of agency compliance with the requirements of sections

601, 604, 605(b), 608(b), and 610 in accordance with chapter 7. Agency

compliance with sections 607 and 609(a) shall be judicially reviewable in

connection with judicial review of section 604.

(2) Each court having jurisdiction to review such rule for

compliance with section 553, or under any other provision of law,

shall have jurisdiction to review any claims of noncompliance with

sections 601, 604, 605(b), 608(b), and 610 in accordance with chapter

7. Agency compliance with section 607 and 609(a) shall be judicially

reviewable in connection with judicial review of section 604.

(3)(A) A small entity may seek such review during the period

beginning on the date of final agency action and ending one year later,

except that where a provision of law requires that an action

challenging a final agency action be commenced before the expiration

of one year, such lesser period shall apply to an action for judicial

review under this section.

(B) In the case where an agency delays the issuance of a final

regulatory flexibility analysis pursuant to section 608(b) of this

651
chapter, an action for judicial review under this section shall be

filed not later than-

(i) one year after the date the analysis is made available to

the public, or

(ii) where a provision of law requires that an action

challenging a final agency regulation be commenced before the

expiration of the 1-year period, the number of days specified in

such provision of law that is after the date the analysis is made

available to the public.

(4) In granting any relief in an action under this section, the court

shall order the agency to take corrective action consistent with this

chapter and chapter 7, including, but not limited to-

(A) remanding the rule to the agency, and

(B) deferring the enforcement of the rule against small entities

unless the court finds that continued enforcement of the rule is in

the public interest.

(5) Nothing in this subsection shall be construed to limit the

authority of any court to stay the effective date of any rule or provision

thereof under any other provision of law or to grant any other relief in

addition to the requirements of this section.

(b) In an action for the judicial review of a rule, the regulatory

flexibility analysis for such rule, including an analysis prepared or

corrected pursuant to paragraph (a)(4), shall constitute part of the entire

record of agency action in connection with such review.

(c) Compliance or noncompliance by an agency with the provisions of

this chapter shall be subject to judicial review only in accordance with this

section.

(d) Nothing in this' section bars judicial review of any other impact

statement or similar analysis required by any other law if judicial review

of such statement or analysis is otherwise permitted by law.6

Sec. 612. Reports and Intervention Rights.

(a) The Chief Counsel for Advocacy of the Small Business

Administration shall monitor agency compliance with this chapter and

shall report at least annually thereon to the President and to the

Committees on the Judiciary and Small Business of the Senate and House

of Representatives.

(b) The Chief Counsel for Advocacy of the Small Business

Administration is authorized to appear as amicus curiae in any action

brought in a court of the United States to review a rule. In any such action,

the Chief counsel is authorized to present his or her views with respect to

compliance of this chapter, the adequacy of the rulemaking record with

respect to small entities. *7

(c) A court of the United States shall grant the application of the Chief

Counsel for Advocacy of the Small Business Administration to appear in

any such action for the purposes described in subsection (b). (Added Pub.

L. 96-354, Sept. 19, 1980, 94 Stat. 1170.)

6

As amended, Public Law 104-121, title 11, Subtitle D, section 242, 110 Stat. 865, March 29, 1996.

7

As amended, Public Law 104-121, title 11, Subtitle D, section 243(b), 110 Stat. 866, March 29, 1996.

652
E. JUDICIAL REVIEW-5 USC 701-706

Chapter 7-Judicial Review

Sec. 701. Application; Definitions.

(a) This chapter applies, according to the provisions thereof, except to

the extent that-

(1) statutes preclude judicial review; or

(2) agency action is committed to agency discretion by law.

(b) For the purpose of this Chapter-

(1) "agency" means each authority of the Government of the

United States, whether or not it is within or subject to review by

another agency, but does not include-

(A) the Congress;

(B) the courts of the United States:

(C) the governments of the territories or possessions of the

United States;

(D) the government of the District of Columbia;

(E) agencies composed of representatives of the parties or of

representatives of organizations of the parties to the disputes

determined by them;

(F) courts martial and military commissions;

(G) military authority exercised in the field in time of war or in

occupied territory; or

(H) functions conferred by sections 1738, 1739, 1743, and

1744 of title 12; chapter 2 of title 41; Subchapter II of chapter 471

of title 49; or sections 1884, 1891-1902, and former section

1641(b)(2), of title 50, appendix; and

(2) "person", "rule", "order", "license", "sanction", "relief', and

"agency action" have the meanings given them by section 551 of this

title.1

Sec. 702. Right of Review.

A person suffering legal wrong because of agency action, or adversely

affected or aggrieved by agency action within the meaning of a relevant

statute, is entitled to judicial review thereof. An action in a court of the

United States seeking relief other than money damages and stating a claim

that an agency or an officer or employee thereof acted or failed to act in

an official capacity or under color of legal authority shall not be dismissed

nor relief therein be denied on the ground that it is against the United

States or that the United States is an indispensable party. The United

States may be named as a defendant in any such action, and a judgment or

decree may be entered against the United States: Provided, That any

mandatory or injunctive decree shall specify the Federal officer or officers

(by name or by title), and their successors in office, personally responsible

for compliance. Nothing herein (1) affects other limitations on judicial

review or the power or duty of the court to dismiss any action or deny

relief on any other appropriate legal or equitable ground; or (2) confers

'As amended, Public Law 103-272, section 5(a) (108 Stat. 1373), July 5, 1994.

653
authority to grant relief if any other statute that grants consent to suit

expressly or impliedly forbids the relief which is sought.

Sec. 703. Form and Venue of Proceeding.

The form of proceeding for judicial review is the special statutory

review proceeding relevant to the subject matter in a court specified by

statute or, in the absence or inadequacy thereof, any applicable form of

legal action, including actions for declaratory judgments or writs of

prohibitory or mandatory injunction or habeas corpus, in a court of

competent jurisdiction. If no special statutory review proceeding is

applicable, the action for judicial review may be brought against the

United States, the agency by its official title, or the appropriate officer.

Except to the extent that prior, adequate, and exclusive opportunity for

judicial review is provided by law, agency action is subject to judicial

review in civil or criminal proceedings for judicial enforcement.

Sec. 704. Actions Reviewable.

Agency action made reviewable by statute and final agency action for

which there is no other adequate remedy in a court are subject to judicial

review. A preliminary, procedural, or intermediate agency action or ruling

not directly reviewable is subject to review on the review of the final

agency action. Except as otherwise expressly required by statute, agency

action otherwise final is final for the purposes of this section whether or

not there has been presented or determined an application for a

declaratory order, for any form of reconsideration, or, unless the agency

otherwise requires by rule and provides that the action meanwhile is

inoperative, for an appeal to superior agency authority.

Sec. 705. Relief Pending Review.

When an agency finds that justice so requires, it may postpone the

effective date of action taken by it, pending judicial review. On such

conditions as may be required and to the extent necessary to prevent

irreparable injury, the reviewing court, including the court to which a case

may be taken on appeal from or on application for certiorari or other writ

to a reviewing court, may issue all necessary and appropriate process to

postpone the effective date of an agency action or to preserve status or

rights pending conclusion of the review proceedings.

Sec. 706. Scope of Review.

To the extent necessary to decision and when presented, the reviewing

court shall decide all relevant questions of law, interpret constitutional and

statutory provisions, and determine the meaning or applicability of the

terms of an agency action. The reviewing court shall-

(1) compel agency action unlawfully withheld or unreasonably

delayed; and

(2) hold unlawful and set aside agency action, findings, and

conclusions found to be-

(A) arbitrary, capricious, an abuse of discretion, or otherwise

not in accordance with law;

(B) contrary to constitutional right, power, privilege, or

immunity;

(C) in excess of statutory jurisdiction, authority, or limitations,

or short of statutory right;

(D) without observance of procedure required by law;

654
(E) unsupported by substantial evidence in a case subject to

sections 556 and 557 of this title or otherwise reviewed on the

record of an agency hearing provided by statute; or

(F) unwarranted by the facts to the extent that the facts are

subject to trial de novo by the reviewing court.

In making the foregoing determinations, the court shall review the

whole record or those parts of it cited by a party, and due account shall be

taken of the rule of prejudicial error.

655
F. CONGRESSIONAL REVIEW-5 USC 801-808

Chapter 8-Congressional Review Of Agency Rulemaking'

5 USC APPENDIX 2

Sec. 801. Congressional Review

(a)(1)(A) Before a rule can take effect, the Federal agency

promulgating such rule shall submit to each House of the Congress and to

the Comptroller General a report containing-

(i) a copy of the rule;

(ii) a concise general statement relating to the rule,

including whether it is a major rule; and

(iii) the proposed effective date of the rule.

(B) On the date of the submission of the report under

subparagraph (A), the Federal agency promulgating the rule shall

submit to the Comptroller General and make available to each

House of Congress-

(i) a complete copy of the cost-benefit analysis of the rule,

if any;

(ii) the agency's actions relevant to sections 603, 604, 605,

607, and 609;

(iii) the agency's actions relevant to sections 202, 203, 204,

and 205 of the Unfunded Mandates Reform Act of 1995; and

(iv) any other relevant information or requirements under

any other Act and any relevant Executive orders.

(C) Upon receipt of a report submitted under subparagraph (A),

each House shall provide copies of the report to the chairman and

ranking member of each standing committee with jurisdiction

under the rules of the House of Representatives or the Senate to

report a bill to amend the provision of law under which the rule is

issued.

(2)(A) The Comptroller General shall provide a report on each

major rule to the committees ofjurisdiction in each House of the

Congress by the end of 15 calendar days after the submission or

publication date as provided in section 802(b)(2). The report of the

Comptroller General shall include an assessment of the agency's

compliance with procedural steps required by paragraph (1)(B).

(B) Federal agencies shall cooperate with the Comptroller

General by providing information relevant to the Comptroller

General's report under subparagraph (A).

(3) A major rule relating to a report submitted under paragraph (1)

shall take effect on the latest of-

(A) the later of the date occurring 60 days after the date on

which-

(i) the Congress receives the report submitted under

paragraph (1); or

(ii) the rule is published in the Federal Register, if so

published;

'Public Law 104-121, title II, Subtitle E, section 251, 110 Stat. 868 (effective on enactment, as provided by

section 252 of such Act, which appears as 5 USCS section 801 note), added the chapter heading and analysis.

656
(B) if the Congress passes a joint resolution of disapproval

described in section 802 relating to the rule, and the President signs

a veto of such resolution, the earlier date-

(i) on which either House of Congress votes and fails to

override the veto of the President; or

(ii) occurring 30 session days after the date on which the

Congress received the veto and objections of the President; or

(C) the date the rule would have otherwise taken effect, not for

this section (unless a joint resolution of disapproval under section

802 is enacted.

(4) Except for a major rule, a rule shall take effect as otherwise

provided by law after submission to Congress under paragraph (1).

(5) Notwithstanding paragraph (3), the effective date of a rule shall

not be delayed by operation of this chapter beyond the date on which

either House of Congress votes to reject a joint resolution of

disapproval under section 802.

(b)(1) A rule shall not take effect (or continue), if the Congress enacts

a joint resolution of disapproval, described under section 802, of the rule.

(2) A rule that does not take effect (or does not continue) under

paragraph (1) may not be reissued in substantially the same form, and

a new rule that is substantially the same as such a rule may not be

issued, unless the reissued or new rule is specifically authorized by a

law enacted after the date of the joint resolution disapproving the

original rule.

(c)(1) Notwithstanding any other provision of this section (except

subject to para-graph (3)), a rule that would not take effect by reason of

subsection (a)(3) may take effect, if the President makes a determination

under paragraph (2) and submits written notice of such determination to

the Congress.

(2) Paragraph (1) applies to a determination made by the President

by Executive order that the rule should take effect because such rule

is-

(A) necessary because of an imminent threat to health or safety

or other emergency;

(B) necessary for the enforcement of criminal laws;

(C) necessary for national security; or

(D) issued pursuant to any statute implementing an

international trade agreement.

(3) An exercise by the President of the authority under this

subsection shall have no effect on the procedures under section 802 or

the effect of a joint resolution of disapproval under this section.

(d)(1) In addition to the opportunity for review otherwise provided

under this chapter, in the case of any rule for which a report was

submitted in accordance with sub-section (a)(1)(A) during the period

beginning on the date occurring-

(A) in the case of the Senate, 60 sessions days, or

(B) in the case of the House of Representatives, 60 legislative

days, before the date the Congress adjourns a session of Congress

through the date on which the same or succeeding Congress first

convenes its next session, section 802 shall apply to such rule in

the succeeding session of Congress.

657
(2)(A) In applying section 802 for purposes of such additional

review, a rule described under paragraph (1) shall be treated as

though-

(i) such rule were published in the Federal Register (as a

rule that shall take effect) on-

(I) in the case of the Senate, the 15th session day, or

(II) in the case of the House of Representatives, the 15th

legislative day, after the succeeding session of Congress

first convenes; and

(ii) a report on such rule were submitted to Congress under

subsection (a)(1) on such date.

(B) Nothing in this paragraph shall be construed to affect the

requirement under subsection (a)(1) that a report shall be submitted

to Congress before a rule can take effect.

(3) A rule described under paragraph (1) shall take effect as

otherwise provided by law (including other subsections of this

section).

(e)(1) For purposes of this subsection, section 802 shall also apply to

any major rule promulgated between March 1, 1996, and the date of the

enactment of this chapter.

(2) In applying section 802 for purposes of Congressional review,

a rule described under paragraph (1) shall be treated as though-

(A) such rule were published in the Federal Register on the

date of enactment of this chapter; and

(B) a report on such rule were submitted to Congress under

subsection (a)(1) on such date.

(3) The effectiveness of a rule described under paragraph (1) shall

be as otherwise provided by law, unless the rule is made of no force or

effect under section 802.

(f) Any rule that takes effect and later is made of no force or effect by

enactment of a joint resolution under section 802 shall be treated as

though such rule had never taken effect.

(g) If the Congress does not enact a joint resolution of disapproval

under section 802 respecting a rule, no court or agency may infer any

intent of the Congress from any action or inaction of the Congress with

regard to such rule, related statute, or joint resolution of disapproval.

Sec. 802. Congressional Disapproval Procedure

(a) For purposes of this section, the term "joint resolution" means only

a joint resolution introduced in the period beginning on the date on which

the report referred to in section 801 (a)(1)(A) is received by Congress and

ending 60 days thereafter (excluding days either House of Congress is

adjourned for more than 3 days during a session of Congress), the matter

after the resolving clause of which is as follows: "That Congress

disapproves the rule submitted by the __ relating to ___, and such

rule shall have no force or effect." (The blank spaces being appropriately

filled in.)

(b)(1) A joint resolution described in subsection (a) shall be referred to

the committees in each House of Congress with jurisdiction.

(2) For purposes of this section, the term "submission or

publication date" means the later of the date on which-

(A) the Congress receives the report submitted under section

801(a)(1); or

658
(B) the rule is published in the Federal Register, if so

published.

(c) In the Senate, if the committee to which is referred a joint

resolution described in subsection (a) have not reported such joint

resolution (or an identical joint resolution) at the end of 20 calendar days

after the submission or publication date defined under subsection (b)(2),

such committee may be discharged from further consideration of such

joint resolution upon a petition supported in writing by 30 Members of the

Senate, and such joint resolution shall be placed on the calendar.

(d)(1) In the Senate, when the committee to which a joint resolution is

referred has reported, or when a committee is discharged (under

subsection (c)) from further consideration of a joint resolution described

in subsection (a), it is at any time thereafter in order (even though a

previous motion to the same effect has been disagreed to) for a motion to

proceed to the consideration of the joint resolution, and all points of order

against the joint resolution (and against consideration of the joint

resolution) are waived. The motion is not subject to amendment, or to a

motion to postpone, or to a motion to proceed to the consideration of other

business. A motion to reconsider the vote by which the motion is agreed

to or disagreed to shall not be in order. If a motion to proceed to the

consideration of the joint resolution is agreed to, the joint resolution shall

remain the unfinished business of the Senate until disposed of.

(2) In the Senate, debate on the joint resolution, and on all

debatable motions and appeals in connection therewith, shall be

limited to not more than 10 hours, which shall be divided equally

between those favoring and those opposing the joint resolution. A

motion further to limit debate is in order and not debatable. An

amendment to, or a motion to postpone, or a motion to proceed to the

consideration of other business, or a motion to recommit the joint

resolution is not in order.

(3) In the Senate, immediately following the conclusion of the

debate on a joint resolution described in subsection (a), and a single

quorum call at the conclusion of the debate if requested in accordance

with the rules of the Senate, the vote on final passage of the joint

resolution shall occur.

(4) Appeals from the decisions of the Chair relating to the

application of the rules of the Senate to the procedure relating to a

joint resolution described in subsection (a) shall be decided without

debate.

(e) In the Senate the procedure specified in subsection (c) or (d) shall

not apply to the consideration of a joint resolution respecting a rule-

(1) after the expiration of the 60 session days beginning with the

applicable submission or publication date, or

(2) if the report under section 801 (a)(1)(A) was submitted during

the period referred to in section 801 (d)(1), after the expiration of the

60 session days beginning on the 15th session day after the succeeding

session of Congress first convenes.

(f) If, before the passage by one House of a joint resolution of that

House described in subsection (a), that House receives from the other

House a joint resolution described in subsection (a), then the following

procedures shall apply:

659
(1) The joint resolution of the other House shall not be referred to a

committee.

(2) With respect to a joint resolution described in subsection (a) of

the House receiving the joint resolution-

(A) the procedure in that House shall be the same as if no joint

resolution had been received from the other House; but

(B) the vote on final passage shall be on the joint resolution of

the other House.

(g) This section is enacted by Congress-

(1) as an exercise of the rulemaking power of the Senate and

House of Representatives, respectively, and as such it is deemed a part

of the rules of each House, respectively, but applicable only with

respect to the procedure to be followed in that House in the case of a

joint resolution described in subsection (a), and it supersedes other

rules only to the extent that it is inconsistent with such rules; and

(2) with full recognition of the constitutional right of either House

to change the rules (so far as relating to the procedure of that House) at

any time, in the same manner, and to the same extent as in the case of

any other rule of that House.

See. 803. Special Rule on Statutory, Regulatory, and Judicial

Deadlines.

(a) In the case of any deadline for, relating to, or involving any rule

which does not take effect (or the effectiveness of which is terminated)

because of enactment of a joint resolution under section 802, that deadline

is extended until the date 1 year after the date of enactment of the joint

resolution. Nothing in this subsection shall be construed to affect a

deadline merely by reason of the postponement of a rule's effective date

under section 80 1(a).

(b) The term "deadline" means any date certain for fulfilling any

obligation or exercising any authority established by or under any Federal

statute or regulation, or by or under any court order implementing any

Federal statute or regulation.

Sec. 804. Definitions.

For purposes of this Chapter-

(1) The term "Federal agency" means any agency as that term is

defmed in section 551 (1).

(2) The term "major rule" means any rule that the Administrator of

the Office of Information and Regulatory Affairs of the Office of

Management and Budget finds has resulted in or is likely to result in-

(A) an annual effect on the economy of $100,000,000 or more;

(B) a major increase in costs or prices for consumers,

individual industries, Federal, State, or local government agencies,

or geographic regions; or

(C) significant adverse effects on competition, employment,

investment, productivity, innovation, or on the ability of United

States-based enterprises to compete with foreign-based enterprises

in domestic and export markets. The term does not include any rule

promulgated under the Telecommunications Act of 1996 and the

amendments made by that Act.

(3) The term "rule" has the meaning given such term in section

551, except that such term does not include660
(A) any rule of particular applicability, including a rule that

approves or prescribes for the future rates, wages, prices, services,

or allowances therefor, corporate or financial structures,

reorganizations, mergers, or acquisitions thereof, or accounting

practices or disclosures bearing on any of the foregoing;

(B) any rule relating to agency management or personnel; or

(C) any rule of agency organization, procedure, or practice that

does not substantially affect the rights or obligations of non-agency

parties.

Sec. 805. Judicial Review.

No determination, finding, action, or omission under this chapter shall

be subject to judicial review.

Sec. 806. Applicability; Severability.

(a) This chapter shall apply notwithstanding any other provision of

law.

(b) If any provision of this chapter or the application of any provision

of this chapter to any person or circumstance, is held invalid, the

application of such provision to other persons or circumstances, and the

remainder of this chapter, shall not be affected thereby.

Sec. 807. Exemption for Monetary Policy.

Nothing in this chapter shall apply to rules that concern monetary

policy proposed or implemented by the Board of Governors of the Federal

Reserve System or the Federal Open Market Committee.

Sec. 808. Effective Date of Certain Rule.

Notwithstanding section 801-

(1) any rule that establishes, modifies, opens, closes, or conducts a

regulatory program for a commercial, recreational, or subsistence

activity related to hunting, fishing, or camping, or

(2) any rule which an agency for good cause finds (and

incorporates the finding and a brief statement of reasons therefor in the

rule issued) that notice and public procedure thereon are impracticable,

unnecessary, or contrary to the public interest, shall take effect at such

time as the Federal agency promulgating the rule determines.

661
G. FEDERAL ADVISORY COMMITTEE ACT, AS

AMENDED

Public Law 92-463 86 Stat. 770

October 6, 1972

5 USC APPENDIX 2

Sec. 1. Short Title.

This Act may be cited as the "Federal Advisory Committee Act,"

Sec. 2. Findings and Purpose.

(a) The Congress finds that there are numerous committees, boards,

commissions, councils, and similar groups which have been established to

advise officers and agencies in the executive branch of the Federal

Government and that they are frequently a useful and beneficial means of

furnishing expert advice, ideas, and diverse opinions to the Federal

Government.

(b) The Congress further finds and declares that-

(1) the need for many existing advisory committees has not been

adequately reviewed;

(2) new advisory committees should be established only when

they are determined to be essential and their number should be kept to

the minimum necessary;

(3) advisory committees should be terminated when they are no

longer carrying out the purposes for which they were established;

(4) standards and uniform procedures should govern the

establishment, operation, administration, and duration of advisory

committees;

(5) the Congress and the public should be kept informed with

respect to the number, purpose, membership, activities, and cost of

advisory committees; and

(6) the function of advisory committees should be advisory only,

and that all matters under their consideration should be determined, in

accordance with law, by the official, agency, or officer involved.

Sec. 3. Definitions.

For the purpose of this Act-

(1) The term "Administrator" means the Administrator of General

Services.

(2) The term "advisory committee" means any committee, board,

commission, council, conference, panel, task force, or other similar

group, or any subcommittee or other subgroup thereof (hereafter in

this paragraph referred to as "committee"), which is-

(A) established by statute or reorganization plan, or

(B) established or utilized by the President, or

(C) established or utilized by one or more agencies, in the

interest of obtaining advice or recommendations for the President

or one or more agencies or officers of the Federal Government.

(3) The term "agency" has the same meaning as in section 551 (1)

of title 5, United States Code.

(4) The term "Presidential advisory committee" means an advisory

committee which advises the President.

662
Sec. 4. Applicability; Restrictions.

(a) The provisions of this Act or of any rule, order, or regulation

promulgated under this Act shall apply to each advisory committee except

to the extent that any Act of Congress establishing any such advisory

committee specifically provides otherwise.

(b) Nothing in this Act shall be construed to apply to any advisory

committee established or utilized by-

(1) the Central Intelligence Agency; or

(2) The Federal Reserve System.

(c) Nothing in this Act shall be construed to apply to any local civic

group whose primary function is that of rendering a public service with

respect to a Federal program, or any State or local committee, council,

board, commission, or similar group established to advise or make

recommendations to State or local officials or agencies.

Sec. 5. Responsibilities of Congressional Committees; Review;

Guidelines.

(a) In the exercise of its legislative review function, each standing

committee of the Senate and the House of Representatives shall make a

continuing review of the activities of each advisory committee under its

jurisdiction to determine whether such advisory committee should be

abolished or merged with any other advisory committee, whether the

responsibilities of such advisory committee should be revised, and

whether such advisory committee performs a necessary function not

already being performed. Each such standing committee shall take

appropriate action to obtain the enactment of legislation necessary to carry

out the purpose of this subsection.

(b) In considering legislation establishing, or authorizing the

establishment of any advisory committee, each standing committee of the

Senate and of the House of Representatives shall determine, and report

such determination to the Senate or to the House of Representatives, as

the case may be, whether the functions of the proposed advisory

committee are being or could be performed by one or more agencies or by

an advisory committee already in existence, or by enlarging the mandate

of an existing advisory committee. Any such legislation shall-

(1) contain a clearly defined purpose for the advisory committee;

(2) require the membership of the advisory committee to be fairly

balanced in terms of the points of view represented and the functions

to be performed by the advisory committee;

(3) contain appropriate provisions to assure that the advice and

recommendations of the advisory committee will not be

inappropriately influenced by the appointing authority or by any

special interest, but will instead be the result of the advisory

committee's independent judgment;

(4) contain provisions dealing with authorization of

appropriations, the date for submission of reports (if any), the duration

of the advisory committee, and the publication of reports and other

materials, to the extent that the standing committee determines the

provisions of section 10 of this Act to be inadequate; and

(5) contain provisions which will assure that the advisory

committee will have adequate staff (either supplied by an agency or

employed by it), will be provided adequate quarters, and will have

funds available to meet its other necessary expenses.

663
(c) To the extent they are applicable, the guidelines set out in

subsection (b) of this section shall be followed by the President, agency

heads, or other Federal officials in creating an advisory committee.

Sec. 6. Responsibilities of the President; Report to Congress; Annual

Report to Congress; Exclusion.

(a) The President may delegate responsibility for evaluating and

taking action, where appropriate, with respect to all public

recommendations made to him by Presidential advisory committees. (b) Within one year after a Presidential advisory committee has

submitted a public report to the President, the President or his delegate

shall make a report to the Congress stating either his proposals for action

or his reasons for inaction, with respect to the recommendations contained

in the public report.

(c) The President shall, not later than December 31 of each year,

make an annual report to the Congress on the activities, status, and

changes in the composition of advisory committees in existence during

the preceding fiscal year. The report shall contain the name of every

advisory committee, the date of and authority for its creation, its

termination date or the date it is to make a report, its functions, a reference

to the reports it has submitted, a statement of whether it is an ad hoc or

continuing body, the dates of its meetings, the names and occupations of

its current members, and the total estimated annual cost to the United

States to fund, service, supply, and maintain such committee. Such report

shall include a list of those advisory committees abolished by the

President, and in the case of advisory committees established by statute, a

list of those advisory committees which the President recommends be

abolished together with his reasons therefor. The President shall exclude

from this report any information which, in his judgment, should be

withheld for reasons of national security, and he shall include in such

report a statement that such information is excluded.

Sec. 7. Responsibilities of the Administrator of General Services;

Committee Management Secretariat, Establishment; Review;

Recommendations to President and Congress; Agency Cooperation;

Performance Guidelines; Uniform Pay Guidelines; Travel Expenses;

Expense Recommendations.

(a) The Administrator shall establish and maintain within the General

Services Administration a Committee Management Secretariat, which

shall be responsible for all matters relating to advisory committees.

(b) The Administrator shall, immediately after October 6, 1972,

institute a comprehensive review of the activities and responsibilities of

each advisory committee to determine-

(1) whether such committee is carrying out its purpose;

(2) whether, consistent with the provisions of applicable statutes,

the responsibilities assigned to it should be revised;

(3) whether it should be merged with other advisory committees;

or

(4) whether is' should be abolished.

The Administrator may from time to time request such information as

he deems necessary to carry out his functions under this subsection. Upon

the completion of the Administrator's review he shall make

'Typo in original.

664
recommendations to the President and to either the agency head or the

Congress with respect to action he believes should be taken. Thereafter,

the Administrator shall carry out a similar review annually. Agency heads

shall cooperate with the Administrator in making the reviews required by

this subsection.

(c) The Administrator shall prescribe administrative guidelines and

management controls applicable to advisory committees, and to the

maximum extent feasible, provide advice, assistance, and guidance to

advisory committees to improve their performance. In carrying out his

functions under this subsection, the Administrator shall consider the

recommendations of each agency head with respect to means of

improving the performance of advisory committees whose duties are

related to such agency.

(d)(1) The Administrator, after study and consultation with the

Director of the Office of Personnel Management, shall establish

guidelines with respect to uniform fair rates of pay for comparable

services of members, staffs, and consultants of advisory committees in a

manner which gives appropriate recognition to the responsibilities and

qualifications required and other relevant factors. Such regulations shall

provide that -

(A) no member of any advisory committee or of the staff of

any advisory committee shall receive compensation at a rate in

excess of the rate specified for GS-18 of the General Schedule

under section 5332 of title 5, United States Code;

(B) such members, while engaged in the performance of their

duties away from their homes or regular places of business, may be

allowed travel expenses, including per diem in lieu of subsistence,

as authorized by section 5703 of title 5, United States Code, for

persons employed intermittently in the Government service; and

(C) such members-

(i) who are blind or deaf or who otherwise qualify as

handicapped individuals (within the meaning of section 501 of

the Rehabilitation Act of 1973 (29 USC 794)), and

(ii) who do not otherwise qualify for assistance under

section 3102 of title 5, United States Code, by reason of being

an employee of an agency (within the meaning of section 3102

(a)(1) of such title 5), may be provided services pursuant to

section 3102 of such title 5 while in performance of their

advisory committee duties.

(2) Nothing in this subsection shall prevent-

(A) an individual who (without regard to his service with an

advisory committee) is a full-time employee of the United States;

or

(B) an individual who immediately before his service with an

advisory committee was such an employee, from receiving

compensation at the rate at which he otherwise would be

compensated (or was compensated) as a full-time employee of the

United States.

(e) The Administrator shall include in budget recommendations a

summary of the amounts he deems necessary for the expenses of advisory

committees, including the expenses for publication of reports where

appropriate.

665
Sec. 8. Responsibilities of Agency Heads; Advisory Committee

Management Officer, Designation.

(a) Each agency head shall establish uniform administrative

guidelines and management controls for advisory committees established

by that agency, which shall be consistent with directives of the

Administrator under sections 7 and 10. Each agency shall maintain

systematic information on the nature, functions, and operations of each

advisory committee within its jurisdiction.

(b) The head of each agency which has an advisory committee shall

designate an Advisory Committee Management Officer who shall-

(1) exercise control and supervision over the establishment,

procedures, and accomplishments of advisory committees established

by that agency;

(2) assemble and maintain the reports, records, and other papers of

any such committee during its existence; and

(3) carry out, on behalf of that agency, the provisions of section 52

of title 5, United States Code, with respect to such reports, records,

and other papers.

Sec. 9. Establishment and purpose of advisory committees;

publication in Federal Register; Charter; Filing; Contents; Copy.

(a) No advisory committee shall be established unless such

establishment is-

(1) specifically authorized by statute or by the President; or

(2) determined as a matter of formal record, by the head of the

agency involved after consultation with the Administrator with timely

notice published in the Federal Register, to be in the public interest in

connection with the performance of duties imposed on that agency by

law.

(b) Unless otherwise specifically provided by statute or Presidential

directive, advisory committees shall be utilized solely for advisory

functions. Determinations of action to be taken and policy to be

expressed with respect to matters upon which an advisory committee

reports or makes recommendations shall be made solely by the President

or an officer of the Federal Government.

(c) No advisory committee shall meet or take any action until an

advisory committee charter has been filed with (1) the Administrator, in

the case of Presidential advisory committees, or (2) with the head of the

agency to whom any advisory committee reports and with the standing

committees of the Senate and of the House of Representatives having

legislative jurisdiction of such agency. Such charter shall contain the

following information:

(A) the committee's official designation;

(B) the committee's objectives and the scope of its activity;

(C) the period of time necessary for the committee to carry out

its purposes;

(D) the agency or official to whom the committee reports;

(E) the agency responsible for providing the necessary support

for the committee;

(F) a description of the duties for which the committee is

responsible, and, if such duties are not solely advisory, a

specification of the authority for such functions;

666
(G) the estimated annual operating costs in dollars and manyears for such committee;

(H) the estimated number and frequency of committee

meetings;

(I) the committee's termination date, if less than two years

from the date of the committee's establishment; and

(J) the date the charter is filed.

A copy of any such charter shall also be furnished to the Library of

Congress.

Sec. 10. Advisory Committee Procedures; Meetings; Notice,

Publication in Federal Register; Regulations; Minutes; Certification;

Annual Report; Federal Officer or Employee; Attendance.

(a)(1) Each advisory committee meeting shall be open to the public.

(2) Except when the President determines otherwise for reasons of

national security, timely notice of each such meeting shall be

published in the Federal Register, and the Administrator shall

prescribe regulations to provide for other types of public notice to

insure that all interested persons are notified of such meeting prior

thereto.

(3) Interested persons shall be permitted to attend, appear before,

or file statements with any advisory committee, subject to such

reasonable rules or regulations as the Administrator may prescribe.

(b) Subject to section 552 of title 5 United States Code, the records,

reports, transcripts, minutes, appendixes, working papers, drafts, studies,

agenda, or other documents which were made available to or prepared for

or by each advisory committee shall be available for public inspection and

copying at a single location in the offices of the advisory committee or the

agency to which the advisory committee reports until the advisory

committee ceases to exist.

(c) Detailed minutes of each meeting of each advisory committee shall

be kept and shall contain a record of the persons present, a complete and

accurate description of matters discussed and conclusions reached, and

copies of all reports received, issued, or approved by the advisory

committee. The accuracy of all minutes shall be certified to by the

chairman of the advisory committee.

(d) Subsections (a)(1) and (a)(3) of this section shall not apply to any

portion of an advisory committee meeting where the President, or the head

of the agency to which the advisory committee reports, determines that

such portion of such meeting may be closed to the public in accordance

with subsection (c) of section 552b of title 5, United States Code. Any

such determination shall be in writing and shall contain the reasons for

such determination. If such a determination is made, the advisory

committee shall issue a report at least annually setting forth a summary of

its activities and such related matters as would be informative to the

public consistent with the policy of section 552(b) of title 5 United States

Code.

(e) There shall be designated an officer or employee of the Federal

Government to chair or attend each meeting of each advisory committee.

The officer or employee os designated is authorized, whenever he

determines it to be in the public interest, to adjourn any such meeting. No

advisory committee shall conduct any meeting in the absence of that

officer or employee.

667
(f) Advisory committees shall not hold any meetings except at the call

of, or with the advance approval of, a designated officer or employee of

the Federal Government, and in the case of advisory committees (other

than Presidential advisory committees) with an agenda approved by such

officer or employee.

Sec. 11. Availability of Transcripts; Agency Proceeding.

(a) Except where prohibited by contractual agreements entered into

* prior to the effective date of this Act, agencies and advisory committees

shall make available to any person, at actual cost of duplication, copies of

transcripts of agency proceedings or advisory committee meetings.

(b) As used in this section "agency proceeding" means any

proceeding as defined in section 551(12) of title 5, United States Code.

Sec. 12. Fiscal and Administrative Provisions; Recordkeeping; Audit;

Agency Support Services.

(a) Each agency shall keep records as will fully disclose the

disposition of any funds which may be at the disposal of its advisory

committees and the nature and extent of their activities. The General

Services Administration, or such other agency as the President may

designate, shall maintain financial records with respect to Presidential

advisory committees. The Comptroller General of the United States, or

any of his authorized representatives, shall have access, for the purpose of

audit and examination, to any such records.

(b) Each agency shall be responsible for providing support services

for each advisory committee established by or reporting to it unless the

establishing authority provides otherwise. Where any such advisory

committee reports to more than one agency, only one agency shall be

responsible for support services at any one time. In the case of

Presidential advisory committees, such services may be provided by the

General Services Administration.

Sec. 13. Responsibilities of Library of Congress; Reports and

Background Papers; Depository.

Subject to section 552 of title 5, United States Code, the Administrator

shall provide for the filing with the Library of Congress of at least eight

copies of each report made by every advisory committee and, where

appropriate, background papers prepared by consultants. The Librarian of

Congress shall establish a depository for such reports and papers where

they shall be available to public inspection and use.

Sec. 14. Termination of Advisory Committees; Renewal;

Continuation.

(a)(1) Each advisory committee which is in existence on the effective

date of this Act shall terminate not later than the expiration of the twoyear period following such effective date unless-

(A) in the case of an advisory committee established by the

President or an officer of the Federal Government, such advisory

committee is renewed by the President or that officer by

appropriate action prior to the expiration of such two-year period;

or

(B) in the case of an advisory committee established by an Act

of Congress, its duration is otherwise provided for by law.

(2) Each advisory committee established after such effective date

shall terminate not later than the expiration of the two-year period

beginning on the date of its establishment unless668
(A) in the case of an advisory committee established by the

President or an officer of the Federal Government such advisory

committee is renewed by the President or such officer by

appropriate action prior to the end of such period; or

(B) in the case of an advisory committee established by an Act

of Congress, its duration is otherwise provided for by law.

(b)(1) Upon the renewal of any advisory committee, such advisory

committee shall file a charter in accordance with section 9(c).

(2) Any advisory committee established by an Act of Congress

shall file a charter in accordance with such section upon the expiration

of each successive two-year period following the date of enactment of

the Act establishing such advisory committee.

(3) No advisory committee required under this subsection to file a

charter shall take any action (other than preparation and filing of such

charter) prior to the date on which such charter is filed.

(c) Any advisory committee which is renewed by the President or any

officer of the Federal Government may be continued only for successive

two-year periods by appropriate action taken by the President or such

officer prior to the date on which such advisory committee would

otherwise terminate.

Sec. 15. Requirements.

(a) In General-An agency may not use any advice or recommendation

provided by the National Academy of Sciences or National Academy of

Public Administration that was developed by use of a committee created

by that academy under an agreement with an agency, unless-

(I) the committee was not subject to any actual management or

control by an agency or an officer of the Federal Government;

(2) in the case of a committee created after the date of the

enactment of the Federal Advisory Committee Act Amendments of

1997, the membership of the committee was appointed in accordance

with the requirements described in subsection (b)(1); and

(3) in developing the advice or recommendation, the academy

complied with-

(A) subsection (b)(2) through (6), in the case of any

advice or recommendation provided by the National

Academy of Sciences; or

(B) subsection (b)(2) and (5), in the case of any advice

or recommendation provided by the National Academy of

Public Administration.

(b) Requirements-The requirements referred to in subsection (a) are as

follows:

(1) The Academy shall determine and provide public notice of the

names and brief biographies of individuals that the Academy appoints

or intends to appoint to serve on the committee. The Academy shall

determine and provide a reasonable opportunity for the public to

comment on such appointments before they are made or, if the

Academy determines such prior comment is not practicable, in the

period immediately following the appointments. The Academy shall

make its best efforts to ensure that (A) no individual appointed to

serve on the committee has a conflict of interest that is relevant to the

functions to be performed, unless such conflict is promptly and

publicly disclosed and the Academy determines that the conflict is

669
unavoidable, (B) the committee membership is fairly balanced as

determined by the Academy to be appropriate for the functions to be

performed, and (C) the final report of the Academy will be the result

of the Academy's independent judgment. The Academy shall require

that individuals that the Academy appoints or intends to appoint to

serve on the committee inform the Academy of the individual's

conflicts of interest that are relevant to the functions to be performed.

(2) The Academy shall determine and provide public notice of

committee meetings that will be open to the public.

(3) The Academy shall ensure that meetings of the committee to

gather data from individuals who are not officials, agents, or

employees of the Academy are open to the public, unless the Academy

determines that a meeting would disclose matters described in section

552(b) of title 5, United States Code. The Academy shall make

available to the public, at reasonable charge if appropriate, written

materials presented to the committee by individuals who are not

officials, agents, or employees of the Academy, unless the Academy

determines that making material available would disclose matters

described in that section.

(4) The Academy shall make available to the public as soon as

practicable, at reasonable charge if appropriate, a brief summary of

any committee meeting that is not a data gathering meeting, unless the

Academy determines that the summary would disclose matters

described in section 552(b) of title 5, United States Code. The

summary shall identify-the committee members present, the topics

discussed, materials made available to the committee, and such other

matters that the Academy determines should be included.

(5) The Academy shall make available to the public its final report,

at reasonable charge if appropriate, unless the Academy determines

that the report would disclose matters described in section 552(b) of

title 5, United States Code. If the Academy determines that the report

would disclose matters described in that section, the Academy shall

make public an abbreviated version of the report that does not disclose

those matters.

(6) After publication of the final report, the Academy shall make

publicly available the names of the principal reviewers who reviewed

the report in draft form and who are not officials, agents, or employees

of the Academy.

(c) REGULATIONS-The Administrator of General Services may

issue regulations implementing this section.

(d) EFFECTIVE DATE AND APPLICATION

(1) In General-Except as provided in paragraph (2), this section

and the amendments made by this section shall take effect on the date

of the enactment of this Act.

(2) Retroactive Effect-Subsection (a) and the amendments made

by subsection (a) shall be effective as of October 6, 1972, except that

they shall not apply with respect to or otherwise affect any particular

advice or recommendations that are subject to any judicial action filed

before the date of the enactment of this Act.2

2

p.L. 105-153 (111 Stat. 2689), Dec. 17, 1997 added section 15.

670
See. 16. Effective Date.

Except as provided in section 7(b), this Act shall become effective

upon the expiration of ninety days following October 6, 1972.

671
H. ALTERNATIVE DISPUTE RESOLUTION ACT

OF 1998

Public Law 105-315 112 Stat. 2993

October 30, 1998

28 USC I note.

Alternative

Resolution Act

of 1998.

28 USC 651

note.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

Sec. 1. Short Title.

This Act may be cited as the "Alternative Dispute Resolution Act of

1998."

Sec. 2. Findings and Declaration of Policy.

Congress finds that-

(1) alternative dispute resolution, when supported by the bench and

bar, and utilizing properly trained neutrals in a program adequately

administered by the court, has the potential to provide a variety of

benefits, including greater satisfaction of the parties, innovative

methods of resolving disputes, and greater efficiency in achieving

settlements;

(2) certain forms of alternative dispute resolution, including

mediation, early neutral evaluation, minitrials, and voluntary

arbitration, may have potential to reduce the large backlog of cases

now pending in some Federal courts throughout the United States,

thereby allowing the courts to process their remaining cases more

efficiently; and

(3) the continued growth of Federal appellate court-annexed

mediation programs suggests that this form of alternative dispute

resolution can be equally effective in resolving disputes in the Federal

trial courts; therefore, the district courts should consider including

mediation in their local alternative dispute resolution programs.

Sec. 3. Alternative Dispute Resolution Process to be Authorized in all

District Courts.

Section 651 of title 28, United States Code is amended to read as

follows:

Sec. 651. Authorization of alternative dispute resolution

(a) DEFINITION-For purposes of this chapter, an alternative dispute

resolution process includes any process or procedure, other than

adjudication by a presiding judge, in which a neutral third party

participates to assist in the resolution of issues in controversy, through

processes such as early neutral evaluation, mediation, minitrial, and

arbitration as provided in section 654 through 658.

(b) AUTHORITY- Each United States district court shall authorize,

by local rule adopted under section 2071 (a), the use of alternative dispute

resolution processes in all civil actions, including adversary proceedings

in bankruptcy, in accordance with this chapter, except that the use of

arbitration may be authorized only as provided in section 654. Each

United States district court shall devise and implement its own alternative

dispute resolution program, by local rule adopted under section 2071 (a),

to encourage and promote the use of alternative dispute resolution in its

district.

(c) EXISTING ALTERNATIVE DISPUTE RESOLUTION

PROGRAMS- In those courts where an alternative dispute resolution

672
program is in place on the date of the enactment of the Alternative

Dispute Resolution Act of 1998, the court shall examine the effectiveness

of that program and adopt such improvements to the program as are

consistent with the provisions and purposes of this chapter.

(d) ADMINISTRATION OF ALTERNATIVE DISPUTE

RESOLUTION PROGRAMS-Each United States district court shall

designate an employee, or a judicial officer, who is knowledgeable in

alternative dispute resolution practices and processes to implement,

administer, oversee, and evaluate the court's alternative dispute resolution

program. Such person may also be responsible for recruiting, screening,

and training attorneys to serve as neutrals and arbitrators in the court's

alternative dispute resolution program.

(e) TITLE 9 NOT AFFECTED- This chapter shall not affect title 9,

United States Code.

(f) PROGRAM SUPPORT- The Federal Judicial Center and the

Administrative Office of the United States Courts are authorized to assist

the district courts in the establishment and improvement of alternative

dispute resolution programs by identifying particular practices employed

in successful programs and providing additional assistance as needed and

appropriate.

Sec. 4. Jurisdiction.

Section 652 of title 28, United States Code, is amended to read as

follows:

Sec. 652. Jurisdiction

(a) CONSIDERATION OF ALTERNATIVE DISPUTE

RESOLUTION IN APPROPRIATE CASES-Notwithstanding any

provision of law to the contrary and except as provided in subsections (b)

and (c), each district court shall, by local rule adopted under section

2071 (a), require that litigants in all civil cases consider the use of an

alternative dispute resolution process at an appropriate stage in the

litigation. Each district court shall provide litigants in all civil cases with

at least one alternative dispute resolution process, including, but not

limited to, mediation, early neutral evaluation, minitrial, and arbitration as

authorized in sections 654 through 658. Any district court that elects to

require the use of alternative dispute resolution in certain cases may do so

only with respect to mediation, early neutral evaluation, and, if the parties

consent, arbitration.

(b) ACTIONS EXEMPTED FROM CONSIDERATION OF

ALTERNATIVE DISPUTE RESOLUTION-Each district court may

exempt from the requirements of this section specific cases or categories

of cases in which use of alternative dispute resolution would not be

appropriate. In defining these exemptions, each district court shall consult

with members of the bar, including the United States Attorney for that

district.

(c) AUTHORITY OF THE ATTORNEY GENERAL-Nothing in this

section shall alter or conflict with the authority of the Attorney General to

conduct litigation on behalf of the United States, with the authority of any

Federal agency authorized to conduct litigation in the United States

courts, or with any delegation of litigation authority by the Attorney

General.

(d) CONFIDENTIALITY PROVISIONS-Until such time as rules are

adopted under chapter 131 of this title providing for the confidentiality of

673
alternative dispute resolution processes under this chapter, each district

court shall, by local rule adopted under section 2071 (a), provide for the

confidentiality of the alternative dispute resolution processes and to

prohibit disclosure of confidential dispute resolution communications.

Sec. 5. Mediators and Neutral Evaluators.

Section 653 of title 28, United States Code, is amended to read as

follows:

Sec. 653. Neutrals

(a) PANEL OF NEUTRALS-Each district court that authorizes the

use of alternative dispute resolution processes shall adopt appropriate

processes for making neutrals available for use by the parties for each

category of process offered. Each district court shall promulgate its own

procedures and criteria for the selection of neutrals on its panels.

(b) QUALIFICATIONS AND TRAINING-Each person serving as a

neutral in an alternative dispute resolution process should be qualified and

trained to serve as a neutral in the appropriate alternative dispute

resolution process. For this purpose, the district court may use, among

others, magistrate judges who have been trained to serve as neutrals in

alternative dispute resolution processes, professional neutrals from the

'private sector, and persons who have been trained to serve as neutrals in

alternative dispute resolution processes. Until such time as rules are

adopted under chapter 131 of this title relating to the disqualification of

neutrals, each district court shall issue rules under section 2071 (a) relating

to the disqualification of neutrals (including, where appropriate,

disqualification under section 455 of this title, other applicable law, and

professional responsibility standards).

See. 6. Actions Referred to Arbitration.

Section 654 of title 28, United States Code, is amended to read as

follows:

Sec. 654. Arbitration

(a) REFERRAL OF ACTIONS TO ARBITRATION-Notwithstanding

any provision of law to the contrary and except as provided in subsections

(a), (b), and (c) of section 652 and subsection (d) of this section, a district

court may allow the referral to arbitration of any civil action (including

any adversary proceeding in bankruptcy) pending before it when the

parties consent, except that referral to arbitration may not be made where-

(1) the action is based on an alleged violation of a right secured by

the Constitution of the United States;

(2) jurisdiction is based in whole or in part on section 1343 of this

title; or

(3) the relief sought consists of money damages in an amount

greater than $150,000.

(b) SAFEGUARDS IN CONSENT CASES-Until such time as rules

are adopted under chapter 131 of this title relating to procedures described

in this subsection, the district court shall, by local rule adopted under

section 2071 (a), establish procedures to ensure that any civil action in

which arbitration by consent is allowed under subsection (a)-

(1) consent to arbitration is freely and knowingly obtained; and

(2) no party or attorney is prejudiced for refusing to participate in

arbitration.

674
(c) PRESUMPTIONS-For purposes of subsection (a)(3), a district

court may presume damages are not in excess of $150,000 unless counsel

certifies that damages exceed such amount.

(d) EXISTING PROGRAMS-Nothing in this chapter is deemed to

affect any program in which arbitration is conducted pursuant to section

IX of the Judicial Improvements and Access to Justice Act (Public Law

100-702), as amended by section 1 of Public Law 105-53.

See. 7. Arbitrators.

Section 655 of title 28, United States Code, is amended to read as

follows:

Sec. 655. Arbitrators

(a) POWERS OF ARBITRATORS-An arbitrator to whom an action is

referred under section 654 shall have the power, within the judicial district

of the district court which referred the action to arbitration-

(1) to conduct arbitration hearings;

(2) to administer oaths and affirmations; and

(3) to make awards.

(b) STANDARDS FOR CERTIFICATION-Each district court that

authorizes arbitration shall establish standards for the certification of

arbitrators and shall certify arbitrators to perform services in accordance

with such standards and this chapter. The standards shall include

provisions requiring that any arbitrator-

(1) shall take the oath or affirmation described in section 453; and

(2) shall be subject to the disqualification rules under section 455.

(c) IMMUNITY-All individuals serving as arbitrators in an alternative

dispute resolution program under this chapter are performing quasijudicial functions and are entitled to the immunities and protections that

the law accords to persons serving in such capacity.

Sec. 8. Subpoenas.

Section 656 of title 28, United States Code, is amended to read as

follows:

Sec. 656. Subpoenas

Rule 45 of the Federal Rules of Civil Procedure (relating to

subpoenas) applies to subpoenas for the attendance of witnesses and the

production of documentary evidence at an arbitration hearing under this

chapter.

Sec. 9. Arbitration Award and Judgment.

Section 657 of title 28, United States Code, is amended to read as

follows:

Sec. 654. Arbitration award and judgment

(a) FILING AND EFFECT OF ARBITRATION AWARD-An

arbitration award made by an arbitrator under this chapter, along with

proof of service of such award on the other party by the prevailing party

or by the plaintiff, shall be filed promptly after the arbitration hearing is

concluded with the clerk of the district court that referred the case to

arbitration. Such award shall be entered as the judgment of the court after

the time has expired for requesting a trial de novo. The judgment so

entered shall be subject to the same provisions of law and shall have the

same force and effect as a judgment of the court in a civil action, expect

that the judgment shall not be subject to review in any other court by

appeal or otherwise.

675
(b) SEALING OF ARBITRATION AWARD-The district court shall

provide, by local rule adopted under section 2071 (a), that the contents of

any arbitration award made under this chapter shall not be made known to

any judge who might be assigned to the case until the district court has

entered final judgment in the action or the action has otherwise

terminated.

(c) TRIAL DE NOVO OF ARBITRATION AWARDS-

(1) TIME FOR FILING DEMAND-Within 30 days after he filing

of an arbitration award with a district court under subsection (a), any

party may file a written demand for a trial de novo in the district court.

(2) ACTION RESTORED TO COURT DOCKET-Upon a demand

for a trial de novo, the action shall be restored tot he docket of the

court and treated for all purposes as if it had not been referred to

arbitration.

(3) EXCLUSION OF EVIDENCE OF ARBITRATION-The court

shall not admit at the trial de novo any evidence that there has been an

arbitration proceeding, the nature or amount of any award, or any

other matter concerning the conduct of the arbitration proceeding,

unless-

(A) the evidence would otherwise be admissible in the court

under the Federal Rules of Evidence; or

(B) the parties have otherwise stipulated.

Sec. 10. Compensation of Arbitrators and Neutrals.

Section 658 of title 28, United States Code, is amended to read as

follows:

Sec. 658. Compensation of arbitrators and neutrals

(a) COMPENSATION-The district court shall, subject to regulations

approved by the Judicial Conference of the United States, establish the

amount of compensation, if any, that each arbitrator or neutral shall

receive for services rendered in each case under this chapter.

Regulations. (b) TRANSPORTATION ALLOWANCES-Under regulations

prescribed by the Director of the Administrative Office of the United

States Courts, a district court may reimburse arbitrators and other neutrals

for actual transportation expenses necessarily incurred in the performance

of duties under this chapter.

Sec. 11. Authorization of Appropriations.

28 USC 651 There are authorized to be appropriated for each fiscal year such sums

note. as may be necessary to carry out chapter 44 of title 28, United States

Code, as amended by this Act.

Sec. 12. Conforming Amendments.

(a) LIMITATION ON MONEY DAMAGES-Section 901 of the

Judicial Improvements and Access to Justice Act (28 USC 652 note), is

amended by striking subsection (c).

(b) OTHER CONFORMING AMENDMENTS-

(1) The chapter heading for chapter 44 of title 28, United States

Code, is amended to read as follows:

"Chapter 44-ALTERNATIVE DISPUTE RESOLUTION"

(2) The table of contents for chapter 44 of title 28, United States

Code, is amended to read as follows:

Sec.

651. Authorization of alternative dispute resolution.

652. Jurisdiction.

676
653. Neutrals.

654. Arbitration.

655. Arbitrators.

656. Subpoenas.

657. Arbitration award and judgment.

658. Compensation of arbitrators and neutrals.

(3) The item relating to chapter 44 in the table of chapters for Part III

of title 28, United States Code, is amended to read as follows:

44. Alternative Dispute Resolution ................................................. 651.

677
I. FEDERAL CIVIL PENALTIES INFLATION

ADJUSTMENT ACT OF 1990, AS AMENDED

Public Law 101-410 104 Stat. 890

October 5, 1990

Federal Civil

Penalties

Inflation

Adjustment Act

of 1990.

28 USC 2461

note.

28 USC 2461

note.

28 USC 2461

note.

Title III Chapter 10

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

Sec. 1. Short Title.

This Act may be cited as the "Federal Civil Penalties Inflation

Adjustment Act of 1990."

Sec. 2. Findings and Purpose.

(a) FINDINGS.

The Congress finds that-

(1) the power of Federal agencies to impose civil monetary

penalties for violations of Federal law and regulations plays an

important role in deterring violations and furthering the policy goals

embodied in such laws and regulations;

(2) the impact of many civil monetary penalties has been and is

diminished due to the effect of inflation;

(3) by reducing the impact of civil monetary penalties, inflation

has weakened the deterrent effect of such penalties; and

(4) the Federal Government does not maintain comprehensive,

detailed accounting of the efforts of Federal agencies to assess and

collect civil monetary penalties.

(b) PURPOSE.-The purpose of this Act is to establish a mechanism

that shall-

(1) allow for regular adjustment for inflation of civil monetary

penalties;

(2) maintain the deterrent effect of civil monetary penalties and

promote compliance with the law; and

(3) improve the collection by the Federal Government of civil

monetary penalties.

Sec. 3. Definitions.

For purposes of this Act, the term-

(1) "agency" means an Executive agency as defined under section

105 of title 5, United States Code, and includes the United States

Postal Service;

(2) "civil monetary penalty" means any penalty, fine, or other

sanction that-

(A)(i) is for a specific monetary amount as provided by Federal

law; or

(ii) has a maximum amount provided for by Federal law;

and

(B) is assessed or enforced by an agency pursuant to Federal

law; and

(C) is assessed or enforced pursuant to an administrative

proceeding or a civil action in the Federal courts; and

678
Regulations.

Federal Register,

Publication.

28 USC 2461

note.

(3) "Consumer Price Index" means the Consumer Price Index for

all-urban consumers published by the Department of Labor.

Sec. 4. Civil Monetary Penalty Inflation Adjustment Reports.

The head of each agency shall, not later than 180 days after the date of

enactment of the Debt Collection Improvement Act of 1996, and at least

once every 4 years thereafter-

(1) by regulation adjust each civil monetary penalty provided by

law within the jurisdiction of the Federal agency, except for any

penalty (including any addition to tax and additional amount) under

the Internal Revenue Code of 1986, the Tariff Act of 1930, the

Occupational Safety and Health Act of 1970, or the Social Security

Act, by the inflation adjustment described under section 5 of this Act;

and

(2) publish each such regulation in the Federal Register.

Sec. 5. Cost-of-Living Adjustments of Civil Monetary Penalties.

(a) ADJUSTMENT.-The inflation adjustment described under section

4 shall be determined by increasing the maximum civil monetary penalty

or the range of minimum and maximum civil monetary penalties, as

applicable, for each civil monetary penalty by the cost-of-living

adjustment. Any increase determined under this subsection shall be

rounded to the nearest-

(1) multiple of $10 in the case of penalties less than or equal to

$100;

(2) multiple of $100 in the case of penalties greater than $100 but

less than or equal to $1,000;

(3) multiple of $ 1,000 in the case of penalties greater than $1,000

but less than or equal to $10,000;

(4) multiple of $5,000 in the case of penalties greater than $10,000

but less than or equal to $100,000;

(5) multiple of $10,000 in the case of penalties greater than

$100,000 but less than or equal to $200,000; and

(6) multiple of $25,000 in the case of penalties greater than

$200,000.

(b) DEFINITION.-For purposes of subsection (a), the term "cost-ofliving adjustment" means the percentage (if any) for each civil monetary

penalty by which-

(1) the Consumer Price Index for the month of June of the calendar

year preceding the adjustment, exceeds

(2) the Consumer Price Index for the month of June of the calendar

year in which the amount of such civil monetary penalty was last set

or adjusted pursuant to law.

Sec. 6. Annual Report.

Any increase under this Act in a civil monetary penalty shall apply

only to violations which occur after the date the increase takes effect.

'Public Law 104-134, title Ill, Ch 10, section 31001(s)(2), 110 Stat. 1321-373 (effective on enactment as provided by section 31001(a)(2)(A) of such Act, which appears as 31 USCS section 3322 note), provides:

The first adjustment of a civil monetary penalty made pursuant to the amendment made by paragraph (1)

[amending sections 4 and 5(a) and adding section 7 of Act Oct. 5, 1990, Public Law 101-410, which appears as

a note to this section] may not exceed 10 percent of such penalty.

679

8:NR Aprpito Act

8. NRC Appropriation Acts

Contents

OMNIBUS APPROPRIATIONS ACT, 2009 ..................................................... 685

Title IV-Independent A gencies ......................................................................... 685

Nuclear Regulatory Com m ission .................................................................. 685

O ffi ce O f Inspector General .......................................................................... 685

CONSOLIDATED APPROPRIATIONS ACT, 2008 ........................................ 686

Title IV-Independent Agencies ........................................................................ 686

Nuclear Regulatory Com m ission .................................................................. 686

O ffice O f Inspector G eneral .......................................................................... 687

REVISED CONTINUING APPROPRIATIONS RESOLUTION, 2007 ........ 688

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

2 0 0 6 ..................................................................................................................... 6 89

Title IV-Independent Agencies ........................................................................ 689

Nuclear Regulatory Com mission .................................................................. 689

O ffi ce O f Inspector G eneral .......................................................................... 690

CONSOLIDATED APPROPRIATIONS ACT, 2005 ........................................ 690

Nuclear Regulatory Com mission .................................................................. 690

O ffice O f Inspector G eneral .......................................................................... 691

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

2 0 0 4 ..................................................................................................................... 6 9 1

Nuclear Regulatory Com m ission .................................................................. 692

O ffi ce O f Inspector General .......................................................................... 692

CONSOLIDATION APPROPRIATIONS RESOLUTION, 2003 .................... 693

Nuclear Regulatory Com m ission .................................................................. 693

O ffice O f Inspector G eneral .......................................................................... 693

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

2 0 0 2 ..................................................................................................................... 6 9 4

Nuclear Regulatory Com m ission .................................................................. 694

Offi ce Of Inspector General .......................................................................... 695

DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND

URBAN DEVELOPMENT- APPROPRIATIONS ........................................ 695

T itle IV ............................................................................................................... 69 6

Nuclear Regulatory Com m ission .................................................................. 696

O ffice O f Inspector G eneral .......................................................................... 696

MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2001 .................. 697

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

2 0 0 0 ..................................................................................................................... 6 9 7

Nuclear Regulatory Com mission .................................................................. 697

O ffice O f Inspector G eneral .......................................................................... 698

ENERGY AND WATER DEVELOPMENTAPPROPRIATIONS ACT,

19 9 9 ..................................................................................................................... 6 9 8

N uclear Regulatory Com m ission .................................................................. 698

681
Office Of Inspector General ......................................................................... 698

Formerly Utilized Sites Remedial Action Program .................................... 700

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

19 9 8 ..................................................................................................................... 7 0 1

Nuclear Regulatory Commission .................................................................. 701

Office Of Inspector General .......................................................................... 702

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

199 7 ..................................................................................................................... 7 0 2

Nuclear Regulatory Commission .................................................................. 702

Office Of Inspector General .......................................................................... 703

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

19 96 ................................................................................................................ .... 7 04

Nuclear Regulatory Commission .................................................................. 704

Office Of Inspector General .......................................................................... 705

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

19 9 5 ..................................................................................................................... 7 0 5

Nuclear Regulatory Commission .................................................................. 705

Office Of Inspector General .......................................................... I ............... 706

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

19 94 ..................................................................................................................... 70 7

Nuclear Regulatory Commission .................................................................. 707

Office Of Inspector General .......................................................................... 708

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

199 3 ..................................................................................................................... 7 0 8

Nuclear Regulatory Commission .................................................................. 708

Office Of Inspector General .......................................................................... 709

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

19 9 2 ..................................................................................................................... 7 10

Nuclear Regulatory Commission .................................................................. 710

Office Of Inspector General .......................................................................... 711

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

19 9 1 ..................................................................................................................... 7 12

Nuclear Regulatory Commission .................................................................. 712

Office Of Inspector General .......................................................................... 713

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

19 9 0 ..................................................................................................................... 7 13

Nuclear Regulatory Commission .................................................................. 713

Office Of Inspector General .......................................................................... 714

Title IV-Independent Agencies ........................................................................ 715

Nuclear Regulatory Commission .................................................................. 715

T itle V -G eneral Provisions .............................................................................. 715

ENERGY AND WATER DEVELOPMENT APPROPRIATION ACT, 1988 716

Title IV-Independent Agencies ........................................................................ 717

Nuclear Regulatory Commission .................................................................. 717

T itle V -G eneral Provisions .............................................................................. 718

682
ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

1987 ................................................................ 720

Title IV-Independent Agencies ........................................................................ 720

Nuclear Regulatory Commission .................................................................. 720

T itle V -G eneral Provisions .............................................................................. 721

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

19 8 7 ..................................................................................................................... 7 2 2

Title IV-Independent A gencies ........................................................................ 723

Nuclear Regulatory Commission .................................................................. 723

Title V-G eneral Provisions .............................................................................. 723

APPROPRIATIONS ACT, 1986 ......................................................................... 725

Nuclear Regulatory Commission .................................................................. 725

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

19 8 5 ..................................................................................................................... 72 6

Title IV-Independent Agencies ........................................................................ 726

Nuclear Regulatory Commission .................................................................. 726

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

19 84 .................................................................................................................... 7 27

Nuclear Regulatory Commission .................................................................. 727

CONTINUING APPROPRIATIONS FOR FISCAL YEAR 1983 ................... 728

Title V -G eneral Provisions .............................................................................. 728

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

19 8 2 ..................................................................................................................... 7 2 9

Title IV-Independent Agencies ........................................................................ 730

Nuclear Regulatory Commission .................................................................. 730

Title V -G eneral Provisions .............................................................................. 730

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

19 8 1 ..................................................................................................................... 7 3 1

Title IV-Independent Agencies ....................................................................... 732

Nuclear Regulatory Commission .................................................................. 732

T itle V -G eneral Provisions .............................................................................. 732

SUPPLEMENTAL APPROPRIATIONS AND RESCISSION ACT, 1980 ..... 733

Title I-Independent A gencies .............. I ............................................................ 733

Nuclear Regulatory Commission .................................................................. 733

TITLE Il-INCREASED PAY COSTS FOR THE FISCAL YEAR 1980 ... 733

Nuclear Regulatory Commission .................................................................. 733

T itle III-G eneral Provisions ............................................................................. 733

ENERGY AND WATER DEVELOPMENT APPROPRIATION ACT, 1980 735

Title IV-Independent Agencies ........................................................................ 735

Nuclear Regulatory Commission .................................................................. 735

T itle V -G eneral Provision ................................................................................ 736

APPROPRIATIONS ACT, 1979 ......................................................................... 736

SECOND SUPPLEMENTAL APPROPRIATIONS ACT, 1978 ...................... 737

Title I-Independent A gencies ........................................................................... 737

Nuclear Regulatory Commission .................................................................. 737

Title Il-Increased Pay Costs For The Fiscal Year 1978 ................................ 737

683
Nuclear Regulatory Com m ission .................................................................. 737

T itle Ill-G eneral Provisions ............................................................................. 738

PUBLIC WORKS FOR WATER AND POWER DEVELOPMENT AND

ENERGY RESEARCH APPROPRIATION ACT, 1978 ............................... 738

N uclear Regulatory Com m ission .................................................................. 738

Title V-G eneral Provisions .............................................................................. 739

Title II-Increased Pay Costs For The Fiscal Year 1977 ................................ 739

NUCLEAR REGULATORY COMMISSION ............................................. 739

PUBLIC WORKS FOR WATER AND POWER DEVELOPMENT AND

ENERGY RESEARCH APPROPRIATION ACT, 1977 ............................... 739

Title IV-Independent Offi ces .......................................................................... 740

Nuclear Regulatory Com mission .................................................................. 740

PUBLIC WORKS FOR WATER AND POWER DEVELOPMENT AND

ENERGY RESEARCH APPROPRIATION ACT, 1976 ............................... 741

Title IV ,-Independent Offi ces ........................................................................... 741

Nuclear Regulatory Com mission .................................................................. 741

Title V-G eneral Provisions .............................................................................. 742

SECOND SUPPLEMENTAL APPROPRIATIONS ACT, 1975 ...................... 742

Title I-Chapter VIII ........................................ 742

Nuclear Regulatory Com m ission .................................................................. 742

Energy Research And Development Administration .................................. 743

Nuclear Regulatory Com m ission .................................................................. 743

Title H I-G eneral Provisions ............................................................................. 743

TABULATION OF NRC APPROPRIATIONS THROUGH FISCAL YEAR

2 0 09 ................................ ....................................................................................... 745

.684
OMNIBUS APPROPRIATIONS ACT, 2009'

Public Law 111-8 123 Stat. 524

March 11, 2009

DIVISION C-ENERGY AND WATER DEVELOPMENT AND

RELATED AGENCIES APPROPRIATIONS ACT, 2009

Title IV-Independent Agencies

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the purposes of

the Energy Reorganization Act of 1974, as amended, and the Atomic

Energy Act of 1954, as amended, including official representation

expenses (not to exceed $25,000), $1,034,656,000, to remain available

until expended: Provided, That of the amount appropriated herein,

$49,000,000 shall be derived from the Nuclear Waste Fund: Provided

further, That revenues from licensing fees, inspection services, and other

services and collections estimated at $860,857,000 in fiscal year 2009

shall be retained and used for necessary salaries and expenses in this

account, notwithstanding 31 U.S.C. 3302, and shall remain available until

expended: Provided further, That the sum herein appropriated shall be

reduced by the amount of revenues received during fiscal year 2009 so as

to result in a final fiscal year 2009 appropriation estimated at not more

than $173,799,000: Provided further, That such funds as are made

available for necessary expenses of the Commission by this Act or any

other Act may be used for the acquisition and lease of additional office

space provided by the General Services Administration for personnel of

the U.S. Nuclear Regulatory Commission as close as reasonably possible

to the Commission's headquarters location in Rockville, Maryland, and of

such square footage and for such lease term, as are determined by the

Commission to be necessary to maintain the agency's regulatory

effectiveness, efficiency, and emergency response capability: Provided

further, That notwithstanding any other provision of law or any prevailing

practice, the acquisition and lease of space for such purpose shall, to the

extent necessary to obtain the space, be based on the prevailing rates in

the immediate vicinity of the Commission's headquarters.

Office Of Inspector General

For necessary expenses of the Office of Inspector General in carrying out

the provisions of the Inspector General Act of 1978, $10,860,000, to

remain available until expended: Provided, That revenues from licensing

fees, inspection services, and other services and collections estimated at

'Between 9/30/2008 and 3/11/09 the budget was funded by Continuing Resolutions, PL 110-329 and PL 111-6.

685
$9,774,000 in fiscal year 2009 shall be retained and be available until

expended, for necessary salaries and expenses in this account,

notwithstanding 31 U.S.C. 3302: Provided further, That the sum herein

appropriated shall be reduced by the amount of revenues received during

fiscal year 2009 so as to result in a final fiscal year 2009 appropriation

estimated at not more than $1,086,000.

CONSOLIDATED APPROPRIATIONS

ACT, 2008

Public Law 110-161 121 Stat. 1844

December 26, 2007

Energy and Division C-Energy and Water Development and Related Agencies

Water Appropriations Act, 2008

Development

and Related

Agencies

Appropriations Title IV-Independent Agencies

Act, 2008. * * * *

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974 and the Atomic

Energy Act of 1954, including official representation expenses (not to

exceed $25,000), $917,334,000, to remain available until expended:

Provided, That of the amount appropriated herein, $29,025,000 shall be

derived from the Nuclear Waste Fund: Provided further, That revenues

from licensing fees, inspection services, and other services and collections

estimated at $771,220,000 in fiscal year 2008 shall be retained and used

for necessary salaries and expenses in this account, notwithstanding 31

U.S.C. 3302, and shall remain available until expended: Provided further,

That the sum herein appropriated shall be reduced by the amount of

revenues received during fiscal year 2008 so as to result in a final fiscal

year 2008 appropriation estimated at not more than $146,114,000:

Provided further, That such funds as are made available for necessary

expenses of the Commission by this Act or any other Act may be used for

lease payments for additional office space provided by the General

Services Administration for personnel of the U.S. Nuclear Regulatory

Commission as close as reasonably possible to the Commission's

headquarters location in Rockville, Maryland, and of such square footage

and for such lease term, as are determined by the Commission to be

686
necessary to maintain the agency's regulatory effectiveness, efficiency,

and emergency response capability: Provided further, That

notwithstanding any other provision of law or any prevailing practice, the

rental square foot rate paid for the lease of space for such purpose shall, to

the extent necessary to obtain the space, be based on the prevailing lease

rates in the immediate vicinity of the Commission's headquarters.

Office Of Inspector General

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

$8,744,000, to remain available until expended: Provided, That revenues

from licensing fees, inspection services, and other services and collections

estimated at $7,870,000 in fiscal year 2008 shall be retained and be

available until expended, for necessary salaries and expenses in this

account, notwithstanding 31 U.S.C. 3302: Provided further, That the sum

herein appropriated shall be reduced by the amount of revenues received

during fiscal year 2008 so as to result in a final fiscal year 2008

appropriation estimated at not more than $874,000.

687
REVISED CONTINUING APPROPRIATIONS

RESOLUTION, 20072

Public Law 110-5 121 Stat. 8

February 15, 2007

Joint Resolution

Revised Making further continuing appropriations for the fiscal year 2007, and for

Continuing other purposes

Appropriations

Resolution,

2007.

Resolved by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled, That this joint resolution may

be cited as the "Revised Continuing Appropriations Resolution, 2007".

SEC. 2. The Continuing Appropriations Resolution, 2007 (Public Law

109-289, division B), as amended by Public Laws 109-369 and 109-383,

is amended to read as follows:

"DIVISION B-CONTINUING APPROPRIATIONS

RESOLUTION, 2007

"The following sums are hereby appropriated, out of any money

in the Treasury not otherwise appropriated, and out of applicable

corporate or other revenues, receipts, and funds, for the several

departments, agencies, corporations, and other organizational units of

Government for fiscal year 2007, and for other purposes, namely:

"SEC. 20317. Notwithstanding section 101, the level for necessary

expenses of the Nuclear Regulatory Commission in carrying out the

purposes of the Energy Reorganization Act of 1974 and the Atomic

Energy Act of 1954, including official representation expenses (not to

2 Total appropriations for FY 2007 were $824.9 million. PL 110-5 (121 Stat. 8) extended the Continuing

Resolution enacted in PL 109-289 for the entire year, with some amendments. Section I01(aX2), as amended,

extended FY 2006 Energy and Water Appropriations for the entirety of FY 2007. Section 101(c), as amended,

indicates that FY 2006 appropriations used for FY 2007 should be reduced by FY 2006 rescission. No specific

exception was made for the NRC's Office of Inspector General, so OIG appropriation for FY 2007 was

$8,307,690 after subtracting FY2006 rescission ($8,310) from FY2006 Appropriation ($8,316,000). Section

20317, as amended, provided an exception from the funding in Section 101 for NRC's Salaries and Expenses,

which amounted to $813,300,000. Section 111, as amended, provides that in addition to OIG appropriations in

Section 101 and Salary and Expenses appropriations in Section 20317, both appropriations should receive

additional amounts for pay raise costs. OMB Bulletin 07-03, February 26, 2007 provided guidance for

determining pay raise costs. NRC received approval of pay raise costs from the OMB in the amounts of $51,928

for the OIG and $3,228,889 for Salary and Expenses. Final appropriations for the OIG were $8, 359,618 and

final appropriations for Salary and Expenses were $816,528,889 for a total FY2007 appropriation of $824.9

million (rounded up).

688
exceed $15,000), and including purchase of promotional items for use in

the recruitment of individuals for employment, shall be $813,300,000, to

remain available until expended: Provided, That of the amount

appropriated herein, $45,700,000 shall be derived from the Nuclear Waste

Fund: Provided further, That revenues from licensing fees, inspection

services, and other services and collections estimated at $659,055,000 in

fiscal year 2007 shall be retained and used for necessary salaries and

expenses in this account, notwithstanding section 3302 of title 31, United

States Code, and shall remain available until expended: Provided further,

That the sum herein appropriated shall be reduced by the amount of

revenues received during fiscal year 2007 so as to result in a final fiscal

year 2007 appropriation estimated at not more than $154,245,000.

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 2006

Public Law 109-103 119 Stat. 2247

November 19, 2005

An Act

Making appropriations for energy and water development for the fiscal

year ending September 30, 2006, and for other purposes

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

Energy and That the following sums are appropriated, out of any money in the

Water Treasury not otherwise appropriated, for the fiscal year ending September

Development 30, 2006, for energy and water development, and for other purposes,

Appropriation namely:

Act, 2006.

Title IV-Independent Agencies

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act of 1954, as amended, including official representation

expenses (not to exceed $15,000), purchase of promotional items for use

in the recruitment of individuals for employment, $734,376,000, to remain

available until expended: Provided, That of the amount appropriated

herein, $46,118,000 shall be derived from the Nuclear Waste Fund:

689
Provided further, That revenues from licensing fees, inspection services,

and other services and collections estimated at $617,182,000 in fiscal year

2006 shall be retained and used for necessary salaries and expenses in this

account, notwithstanding 31 U.S.C. 3302, and shall remain available until

expended: Provided further, That the sum herein appropriated shall be

reduced by the amount of revenues received during fiscal year 2006 so as

to result in a final fiscal year 2006 appropriation estimated at not more

than $117,194,000: Provided further, That section 6101 of the Omnibus

Budget Reconciliation Act of 1990 is amended by inserting before the

period in subsection (c)(2)(B)(v) the words "and fiscal year 2006".

Office Of Inspector General

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

$8,316,000, to remain available until expended: Provided, That revenues

from licensing fees, inspection services, and other services and collections

estimated at $7,485,000 in fiscal year 2006 shall be retained and be

available until expended, for necessary salaries and expenses in this

account, notwithstanding 31 U.S.C. 3302: Provided further, That the sum

herein appropriated shall be reduced by the amount of revenues received

during fiscal year 2006 so as to result in a final fiscal year 2006

appropriation estimated at not more than $831,000.

CONSOLIDATED APPROPRIATIONS

ACT, 2005

Public Law 108-447 118 Stat. 2961

December 8, 2004

An Act

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act of 1954, as amended, including official representation

expenses (not to exceed $15,000), and purchase of promotional items for

use in the recruitment of individuals for employment, $662,777,000, to

remain available until expended: Provided, That of the amount

appropriated herein, $69,050,000 shall be derived from the Nuclear Waste

Fund: Provided further, That revenues from licensing fees, inspection

services, and other services and collections estimated at $534,354,000 in

690
fiscal year 2005 shall be retained and used for necessary salaries and

expenses in this account, notwithstanding 31 USC 3302, and shall remain

available until expended: Provided further, That the sum herein

appropriated shall be reduced by the amount of revenues received during

fiscal year 2005 so as to result in a final fiscal year 2005 appropriation

estimated at not more than $128,423,000.

Office Of Inspector General

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

$7,518,000, to remain available until expended: Provided, That revenues

from licensing fees, inspection services, and other services and collections

estimated at $6,766,200 in fiscal year 2005 shall be retained and be

available until expended, for necessary salaries and expenses in this

account notwithstanding 31 USC 3302: Provided further, That the sum

herein appropriated shall be reduced by the amount of revenues received

during fiscal year 2005 so as to result in a final fiscal year 2005

appropriation estimated at not more than $751,800.

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 2004

Public Law 108-137 117 Stat. 1867

December 1, 2003

An Act

Making appropriations for energy and water development for the fiscal

year ending September 30, 2004, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

That the following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, for the fiscal year ending September

30, 2004, for energy and water development, and for other purposes,

namely:

Energy and

Water

Development

Appropriation

Act, 2004.

691
Title IV-Independent Agencies

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act of 1954, as amended, including official representation

expenses (not to exceed $15,000), and purchase of promotional items for

use in the recruitment of individuals for employment, $618,800,000, to

remain available until expended: Provided, That of the amount

appropriated herein, $33,100,000 shall be derived from the Nuclear Waste

Fund: Provided further, That revenues from licensing fees, inspection

services, and other services and collections estimated at $538,844,000 in

fiscal year 2004 shall be retained and used for necessary salaries and

expenses in this account, notwithstanding 31 USC 3302, and shall remain

available until expended: Provided further, That the sum herein

appropriated shall be reduced by the amount of revenues received during

fiscal year 2004 so as to result in a final fiscal year 2004 appropriation

estimated at not more than $79,956,000.

Office Of Inspector General

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

$7,300,000, to remain available until expended: Provided, That revenues

from licensing fees, inspection services, and other services and collections

estimated at $6,716,000 in fiscal year 2004 shall be retained and be

available until expended, for necessary salaries and expenses in this

account notwithstanding 31 USC 3302: Provided further, That the sum

herein appropriated shall be reduced by the amount of revenues received

during fiscal year 2004 so as to result in a final fiscal year 2004

appropriation estimated at not more than $584,000.

692
Public Law 108-7 117 Stat. 157

February 20, 2003

CONSOLIDATION APPROPRIATIONS RESOLUTION, 2003

DIVISION D - ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS, 2003

Joint Resolution

Making appropriations for energy and water development for the fiscal

year ending September 30, 2003, and for other purposes.

Energy and That the following sums are appropriated, out of any money in the

Water Treasury not otherwise appropriated, for the fiscal year ending September

Development 30, 2003, for energy and water development, and for other purposes,

Appropriation namely:

Act, 2004.

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act of 1954, as amended, including official representation

expenses (not to exceed $15,000), and purchase of promotional items for

use in the recruitment of individuals for employment, $578,184,000, to

remain available until expended: Provided, That of the amount

appropriated herein, $24,900,000 shall be derived from the Nuclear Waste

Fund: Provided further, That revenues from licensing fees, inspection

services, and other services and collections estimated at $520,087,000 in

fiscal year 2003 shall be retained and used for necessary salaries and

expenses in this account, notwithstanding 31 USC 3302, and shall remain

available until expended: Provided further, That the sum herein

appropriated shall be reduced by the amount of revenues received during

fiscal year 2003 so as to result in a final fiscal year 2003 appropriation

estimated at not more than $58,097,000.

Office Of Inspector General

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

$6,800,000, to remain available until expended: Provided, That revenues

693
from licensing fees, inspection services, and other services and collections

estimated at $6,392,000 in fiscal year 2003 shall be retained and be

available until expended, for necessary salaries and expenses in this

account notwithstanding 31 USC 3302: Provided further, That the sum

herein appropriated shall be reduced by the amount of revenues received

during fiscal year 2003 so as to result in a final fiscal year 2003

appropriation estimated at not more than $408,000.

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 2002

Public Law' 107-66 115 Stat. 486

November 12, 2001

An Act

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the purposes

of the Energy Reorganization Act of 1974, as amended, and the Atomic

Energy Act of 1954, as amended, including official representation

expenses (not to exceed $15,000), and purchase of promotional items for

use in the recruitment of individuals for employment, $516,900,000, to

remain available untilexpended: Provided, That of the amount

appropriated herein, $23,650,000 shall be derived from the Nuclear Waste

Fund: Provided further, That revenues from licensing fees, inspection

services, and other services and collections estimated at $473,520,000 in

fiscal year 2002 shall be retained and used for necessary salaries and

expenses in this account, notwithstanding 31 USC 3302, and shall remain

available until expended: Provided further, That the sum herein

appropriated shall be reduced by the amount of revenues received during

fiscal year 2002 so as to result in a final fiscal year 2002 appropriation

estimated at not more than $43,380,000: Provided further, That,

notwithstanding any other provision of law, no funds made available under

this or any other Act may be expended by the Commission to implement or

enforce any part of 10 CFR Part 35, as adopted by the Commission on

October 23, 2000, with respect to diagnostic nuclear medicine, except

those parts which establish training and experience requirements for

persons seeking licensing as authorized users, until such time as the

Commission has reexamined 10 CFR Part 35 and provided a report to the

Congress which explains why the burden imposed by 10 CFR Part 35

could not be further reduced.

694
Office Of Inspector General

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

$6,180,000, to remain available until expended: Provided, That revenues

from licensing fees, inspection services, and other services and collections

estimated at $5,933,000 in fiscal year 2002 shall be retained and be

available until expended, for necessary salaries and expenses in this

account notwithstanding 31 USC 3302: Provided further, That the sum

herein appropriated shall be reduced by the amount of revenues received

during fiscal year 2002 so as to result in a final fiscal year 2002

appropriation estimated at not more than $247,000.

DEPARTMENTS OF VETERANS AFFAIRS AND

HOUSING AND URBAN DEVELOPMENTAPPROPRIATIONS

Public Law 106-377 114 Stat. 1441

October 27, 2000

An Act

Making appropriations for the Department of Veterans Affairs and

Housing and Urban Development, and for sundry independent

agencies, boards, commissions, corporations, and offices for the fiscal

year ending September 30, 2001, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

SECTION 1. (a) The provisions of the following bills of the 106th

Congress are hereby enacted into law:

(1) H.R. 5482, as introduced on October 18, 2000.

(2) H.R. 5483, as introduced on October 18, 2000.

(b) In publishing this Act in slip form and in the United States Statutes

at Large pursuant to section 112 of title 1, United States Code, the

Archivist of the United States shall include after the date of approval at

the end appendixes setting forth the texts of the bills referred to in

subsection (a) of this section.

695
H. R. 5483

Making appropriations for energy and water development for the

fiscal year ending September 30, 2001, and for other purposes.

Title IV

INDEPENDENT AGENCIES

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act of 1954, as amended, including official representation

expenses (not to exceed $15,000), $481,900,000, to remain available until

expended: Provided, That of the amount appropriated herein,

$21,600,000 shall be derived from the Nuclear Waste Fund: Provided

further, That revenues from licensing fees, inspection services, and other

services and collections estimated at $447,958,000 in fiscal year 2001

shall be retained and used for necessary salaries and expenses in this

account, notwithstanding 31 USC 3302, and shall remain available until

expended: Provided further, That $3,200,000 of the funds herein

appropriated for regulatory reviews and assistance to other Federal

agencies and States shall be excluded from license fee revenues,

notwithstanding 42 USC 2214: Provided further, That the sum herein

appropriated shall be reduced by the amount of revenues received during

fiscal year 2001 so as to result in a final fiscal year 2001 appropriation

estimated at not more than $33,942,000.

Office Of Inspector General

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

$5,500,000, to remain available until expended: Provided, That revenues

from licensing fees, inspection services, and other services and collections

estimated at $5,390,000 in fiscal year 2001 shall be retained and be

available until expended, for necessary salaries and expenses in this

account notwithstanding 31 USC 3302: Provided further, That the sum

herein appropriated shall be reduced by the amount of revenues received

during fiscal year 2001 so as to result in a final fiscal year 2001

appropriation estimated at not more than $110,000.

696
MILITARY CONSTRUCTION APPROPRIATIONS ACT,

2001

Public Law 106-246 114 Stat. 511

July 13, 2000

An Act

Making appropriations for military construction, family housing, and base

realignment and closure for the Department of Defense for the fiscal

year ending September 30, 2001, and for other purposes.

Sec. 211. No funds appropriated to the Nuclear Regulatory Commission

for fiscal years 2000 and 2001 may be used to relocate, or to plan or

prepare for the relocation of, the functions or personnel of the Technical

Training Center from its location at Chattanooga, Tennessee.

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 2000

Public Law 106-60 113 Stat. 483

September 29, 1999

Nuclear Regulatory Commission

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act of 1954, as amended, including official representation

expenses (not to exceed $15,000), $465,000,000, to remain available until

expended: Provided, That of the amount appropriated herein,

$19,150,000 shall be derived from the Nuclear Waste Fund: Provided

further, That revenues from licensing fees, inspection services, and other

services and collections estimated at $442,000,000 in fiscal year 2000

shall be retained and used for necessary salaries and expenses in this

account, notwithstanding 31 USC 3302, and shall remain available until

expended: Provided further, That $3,850,000 of the funds herein

appropriated for regulatory reviews and other assistance provided to the

Department of Energy and other Federal agencies shall be excluded from

license fee revenues, notwithstanding 42 USC 2214: Provided further,

That the sum herein appropriated shall be reduced by the amount of

697
revenues received during fiscal year 2000 so as to result in a final fiscal

year 2000 appropriation estimated at not more than $23,000,000.

Office Of Inspector General

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

$5,000,000, to remain available until expended: Provided, That the sum

herein appropriated shall be reduced by the amount of revenues received

during fiscal year 2000 so as to result in a final fiscal year 2000

appropriation estimated at not more than $0.

ENERGY AND WATER

DEVELOPMENTAPPROPRIATIONS ACT, 1999

Public Law 105-245 112 Stat. 1855

October 7, 1998

Nuclear Regulatory Commission

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act of 1954, as amended, including official representation

expenses (not to exceed $15,000), $465,000,000, to remain available until

expended: Provided, That of the amount appropriated herein,

$17,000,000 shall be derived from the Nuclear Waste Fund: Provided

further, That revenues from licensing fees, inspection services, and other

services and collections estimated at $444,800,000 in fiscal year 1999

shall be retained and used for necessary salaries and expenses in this

account, notwithstanding 31 USC 3302, and shall remain available until

expended: Provided further, That $3,200,000 of the funds herein

appropriated for regulatory reviews and other assistance provided to the

Department of Energy and other Federal agencies shall be excluded from

license fee revenues, notwithstanding 42 USC 2214: Provided further,

That the sum herein appropriated shall be reduced by the amount of

revenues received during fiscal year 1999 so as to result in a final fiscal

year 1999 appropriation estimated at no more than $20,200.00.

Office Of Inspector General

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

$4,800,000, to remain available until expended: Provided, That the sum

698
herein appropriated shall be reduced by the amount of revenues received

during fiscal year 1999 so as to result in a final fiscal year 1999

appropriation estimated at not more than $0.

42 USC 5852. See. 506. (a) Funds appropriated for "Nuclear Regulatory

Commission-Salaries and Expenses" shall be available to the Commission

for the following additional purposes:

(1) Employment of aliens.

(2) Services authorized by section 3109 of Title 5, United States

Code.

(3) Publication and dissemination of atomic information.

(4) Purchase, repair, and cleaning of uniforms.

(5) Reimbursements to the General Services Administration for

security guard services.

(6) Hire of passenger motor vehicles and aircraft.

(7) Transfers of funds to other agencies of the Federal Government

for the performance of the work for which such funds are appropriated,

and such transferred funds may be merged with the appropriations to

which they are transferred.

(8) Transfers to the Office of Inspector General of the

Commission, not to exceed an additional amount equal to 5 percent of

the amount otherwise appropriated to the Office for the fiscal year.

Notice of such transfers shall be submitted to the Committees on

Appropriations.

(b) Funds appropriated for "Nuclear Regulatory Commission-Office

of Inspector General" shall be available to the Office for the additional

purposes described in paragraphs (2) and (7) of subsection (a).

(c) Moneys received by the Commission for the cooperative nuclear

research program, services rendered to State governments, foreign

governments, and international organizations, and the material and

information access authorization programs, including criminal history

checks under section 149 of the Atomic Energy Act of 1954 (42 USC

2169) may be retained and used for salaries and expenses associated with

those activities, notwithstanding 31 USC 3302, and shall remain available

until expended.

(d) Notwithstanding section 663(c)(2)(D) of Public Law 104-208, and

to facilitate targeted workforce downsizing and restructuring, the

chairman of the Nuclear Regulatory Commission may use funds

appropriated in this Act to exercise the authority provided by section 663

of that Act with respect to employees who voluntarily separate from the

date of enactment of this Act through December 31, 2000. All of the

requirements in section 663 of Public Law 104-208, except for section

663(c)(2)(D), apply to the exercise of authority under this section.

Applicability. (e) Subsections (a), (b), and (c) of this section shall apply to fiscal year

1999 and each succeeding fiscal year.

699
Formerly Utilized Sites Remedial Action Program

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to clean up contaminated sites throughout the

United States where work was performed as part of the Nation's early

atomic energy program, $140,000,000, to remain available until expended:

Provided, That the response actions by the United States Army Corps of

Engineers under this program shall consist of the following functions and

activities to be performed at eligible sites where remediation has not been

completed: sampling and assessment of contaminated areas,

characterization of site conditions, determination of the nature and extent

of contamination, selection of the necessary and appropriate response

actions as the lead Federal agency, preparation of designation reports,

cleanup and closeout of sites, and any other functions determined by the

Chief of Engineers as necessary for remediation: Provided further, That

response actions by the United States Army Corps of Engineers under this

program shall be subject to the administrative, procedural, and regulatory

provisions of the Comprehensive Environmental Response, Compensation

and Liability Act (42 USC 9601 et seq.), and the National Oil and

hazardous Substances pollution Contingency Plan, 40 CFR, Chapter 1,

Part 300: Provided further, That, except as stated herein, these provisions

do not alter, curtail or limit the authorities, functions or responsibilities of

other agencies under the Atomic Energy Act (42 USC 2011 et seq.):

Provided further, That any sums recovered under CERCLA for the

response actions, or recovered from a contractor, insurer, surety, or other

person to reimburse the United States Army Corps of Engineers for any

expenditures for response actions, shall be credited to the account used to

fund response actions on eligible sites, and will be available for the

response action costs for any eligible site: Provided further, That the

Secretary of Energy may exercise the authority of 42 USC 2208 to make

payments in lieu of taxes for federally-owned property where Formerly

Utilized Sites Remedial Action Program activities are conducted,

regardless of which Federal agency has acquired the property and

notwithstanding references to the "the activities of the Commission" in 42

USC 2208: Provided further, That the unexpended balances of prior

appropriations provided for these activities in this Act or any previous

Energy and Water Development Appropriations Act may be transferred to

and merged with this appropriation account, and thereafter, may be

accounted for as one fund for the same time period as originally enacted.

700
ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1998

Public Law 105-62 111 Stat. 1337

October 13, 1997

Nuclear Regulatory Commission

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act of 1954, as amended, including the employment of

aliens; services authorized by 5 USC 3109; publication and dissemination

of atomic information; purchase, repair, and cleaning of uniforms; official

representation expenses (not to exceed $20,000); reimbursements to the

General Services Administration for security guard services; hire of

passenger motor vehicles and aircraft, $468,000,000, to remain available

until expended: Provided, That of the amount appropriated herein,

$15,000,000 shall be derived from the Nuclear Waste Fund: Provided

further, That from this appropriation, transfers of sums may be made to

other agencies of the Government for the performance of the work for

which this appropriation is made, and in such cases the sums so

transferred may be merged with the appropriation to which transferred:

Provided further, That moneys received by the Commission for the

cooperative nuclear safety research program, services rendered to State

governments, foreign governments and international organizations, and

the material and information access authorization programs, including

criminal history checks under section 149 of the Atomic Energy Act may

be retained and used for salaries and expenses associated with those

activities, notwithstanding 31 USC 3302, and shall remain available until

expended: Provided further, That revenues from licensing fees, inspection

services, and other services and collections estimated at $450,000,000 in

fiscal year 1998 shall be retained and used for necessary salaries and

expenses in this account, notwithstanding 31 USC 3302, and shall remain

available until expended: Provided further, That $3,000,000 of the funds

herein appropriated for regulatory reviews and other assistance provided

to the Department of Energy and other Federal agencies shall be excluded

from license fee revenues, notwithstanding 42 USC 2214: Provided

further, That the sum herein appropriated shall be reduced by the amount

of revenues received during fiscal year 1998 from licensing fees,

inspection services and other services and collections, excluding those

moneys received for the cooperative nuclear safety research program,

,services rendered to State governments, foreign governments and

international organizations, and the material and information access

authorization programs, so as to result in a final fiscal year 1998

appropriation estimated at not more than $18,000,000.

701
Office Of Inspector General

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

including services authorized by 5 USC 3109, $4,800,000, to remain

available until expended; and in addition, an amount not to exceed 5

percent of this sum may be transferred from Salaries and Expenses,

Nuclear Regulatory Commission: Provided, That notice of such transfers

shall be given to the Committees on Appropriations of the House of

Representatives and Senate: Provided further, That from this

appropriation, transfers of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That revenues from

licensing fees, inspection services, and other services and collections shall

be retained and used for necessary salaries and expenses in this account,

notwithstanding 31 USC 3302, and shall remain available until expended:

Provided further, That the sum herein appropriated shall be reduced by the

amount of revenues received during fiscal year 1998 from licensing fees,

inspection services, and other services and collections, so as to result in a

final fiscal year 1998 appropriation estimated at not more that $0.

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1997

Public Law 104-206 110 Stat. 3000

September 30, 1996

Nuclear Regulatory Commission

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act of 1954, as amended, including the employment of

aliens; services authorized by 5 USC 3109; publication and dissemination

of atomic information; purchase, repair, and cleaning of uniforms; official

representation expenses (not to exceed $20,000); reimbursements to the

General Services Administration for security guard services; hire of

passenger motor vehicles and aircraft, $471,800,000, to remain available

until expended: Provided, That of the amount appropriated herein,

$11,000,000 shall be derived from the Nuclear Waste Fund: Provided

further, That from this appropriation, transfer of sums may be made to

other agencies of the Government for the performance of the work for

702
which this appropriation is made, and in such cases the sums so

transferred may be merged with the appropriation to which transferred:

Provided further, That moneys received by the Commission for the

cooperative nuclear safety research program, services rendered to foreign

governments and international organizations, and the material and

information access authorization programs, including criminal history

checks under section 149 of the Atomic Energy Act may be retained and

used for salaries and expenses associated with those activities,

notwithstanding 31 USC 3302, and shall remain available until expended:

Provided further, That revenues from licensing fees, inspection services,

and other services and collections estimated at $457,300,000 in fiscal year

1997 shall be retained and used for necessary salaries and expenses in this

account, notwithstanding 31 USC 3302, and shall remain available until

expended: Provided further, That the funds herein appropriated for

regulatory reviews and other activities pertaining to waste stored at the

Hanford site, Washington, shall be excluded from licensee fee revenues,

notwithstanding 42 USC 2214: Provided further, That the sum herein

appropriated shall be reduced by the amount of revenues received during

fiscal year 1997 from licensing fees, inspection services and other services

and collections, excluding those moneys received for the cooperative

nuclear safety research program, services rendered to foreign governments

and international organizations, and the material and information access

authorization programs, so as to result in a final fiscal year 1997

appropriation estimated at not more than $14,500,000.

Office Of Inspector General

(INCLUDING TRANSFER OF FUNDS)

Notice. For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

including services authorized by 5 USC 3109, $5,000,000, to remain

available until expended; and in addition, an amount not to exceed 5

percent of this sum may be transferred from Salaries and Expenses,

Nuclear Regulatory Commission: Provided, That notice of such transfers

shall be given to the Committees on Appropriations of the House and

Senate: Provided further, That from this appropriation, transfers of sums

may be made to other agencies of the Government for the performance of

the work for which this appropriation is made, and in such cases the sums

so transferred may be merged with the appropriation to which transferred:

Provided further, That revenues from licensing fees, inspection services,

and other services and collections shall be retained and used for necessary

salaries and expenses in this account, notwithstanding 31 USC 3302, and

shall remain available until expended: Provided further, That the sum

herein appropriated shall be reduced by the amount of revenues received

during fiscal year 1997 from licensing fees, inspection services, and other

services and collections, so as to result in a final fiscal year 1997

appropriation estimated at not more than $0.

703
ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1996

Public Law 104-46 109 Stat. 417

November 13, 1995

Nuclear Regulatory Commission

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act of 1954, as amended, including the employment of

aliens; services authorized by section 3109 of Title 5, United States Code;

publication and dissemination of atomic information; purchase, repair, and

cleaning of uniforms, official representation expenses (not to exceed

$20,000); reimbursements to the General Services Administration for

security guard services; hire of passenger motor vehicles and aircraft,

$468,300,000, to remain available until expended, of which $11,000,000

shall be derived from the Nuclear Waste Fund: Provided, That from this

appropriation, transfer of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That moneys

received by the Commission for the cooperative nuclear safety research

program, services rendered to foreign governments and international

organizations, and the material and information access authorization

programs, including criminal history checks under section 149 of the

Atomic Energy Act of 1954, as amended, may be retained and used for

salaries and expenses associated with those activities, notwithstanding 31

USC 3302, and shall remain available until expended: Provided further,

That revenues from licensing fees, inspection services, and other services

and collections estimated at $457,300,000 in fiscal year 1996 shall be

retained and used for necessary salaries and expenses int his account,

notwithstanding 31 USC 3302, and shall remain available until expended:

Provided further, That the sum herein appropriated shall be reduced by the

amount of revenues received during fiscal year 1996 from licensing fees,

inspection services and other services and collections, excluding those

moneys received for the cooperative nuclear safety research program,

services rendered to foreign governments and international organizations,

and the material and information access authorization programs, so as to

result in a final fiscal year 1996 appropriation estimated at not more than

$11,000,000.

704
Office Of Inspector General

(INCLUDING TRANSFER OF FUNDS)

Notice. For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

including services authorized by section 3109 of Title 5, United States

Code, $5,000,000, to remain available until expended; and in addition, an

amount not to exceed 5 percent of this sum may be transferred from

Salaries and Expenses, Nuclear Regulatory Commission: Provided,

That notice of such transfers shall be given to the Committees on

Appropriations of the House and Senate: Provided further, That from this

appropriation, transfers of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That revenues from

licensing fees, inspection services, and other services and collections shall

be retained and used for necessary salaries and expenses in this account,

notwithstanding 31 USC 3302, and shall remain available until expended:

Provided further, That the sum herein appropriated shall be reduced by the

amount of revenues received during fiscal year 1996 from licensing fees,

inspection services, and other services and collections, so as to result in a

final fiscal year 1996 appropriation estimated at not more than $0.

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1995

Public Law 103-316 108 Stat. 1721

August 26, 1994

Nuclear Regulatory Commission

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act of 1954, as amended, including the employment of

aliens; services authorized by section 3109 of Title 5, United States Code;

publication and dissemination of atomic information; purchase, repair, and

cleaning of uniforms, official representation expenses (not to exceed

$20,000); reimbursements to the General Services Administration for

security guard services; hire of passenger motor vehicles and aircraft,

$520,501,000, to remain available until expended, of which $22,000,000

shall be derived from the Nuclear Waste Fund: Provided, That from this

appropriation, transfer of sums may be made to other agencies of the

705
Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That moneys

received by the Commission for the cooperative nuclear safety research

program, services rendered to foreign governments and international

organizations, and the material and information access authorization

programs, including criminal history checks under section 149 of the

Atomic Energy Act of 1954, as amended, may be retained and used for

salaries and expenses associated with those activities, notwithstanding the

provisions of section 3302 of Title 31, United States Code, and shall

remain available until expended: Provided further, That revenues from

licensing fees, inspection services, and other services and-collections

estimated at $498,501,000 in fiscal year 1995 shall be retained and used

for necessary salaries and expenses in this account, notwithstanding the

provisions of section 3302 of Title 31, United States Code, and shall

remain available until expended: Provided further, That the sum herein

appropriated shall be reduced by the amount of revenues received during

fiscal year 1995 from licensing fees, inspection services and other services

and collections, excluding those moneys received for the cooperative

nuclear safety research program, services rendered to foreign governments

and international organizations, and the material and information access

authorization programs, so as to result in a final fiscal year 1995

appropriation estimated at not more than $22,000,000.

Office Of Inspector General

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

including services authorized by section 3109 of Title 5, United States

Code, $5,080,000, to remain available until expended; and in addition, an

amount not to exceed 5 percent of this sum may be transferred from

Salaries and Expenses, Nuclear Regulatory Commission: Provided, That

notice of such transfers shall be given to the Committees on

Appropriations of the House and Senate: Provided further, That from this

appropriation, transfers of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That revenues from

licensing fees, inspection services, and other services and collections shall

be retained and used for necessary salaries and expenses in this account,

notwithstanding the provisions of section 3302 of Title 31, United States

Code, and shall remain available until expended: Provided further, That

the sum herein appropriated shall be reduced by the amount of revenues

received during fiscal year 1995 from licensing fees, inspection services,

and other services and collections, so as to result in a final fiscal year 1995

appropriation estimated at not more than $0.

706
ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1994

Public Law 103-126 107 Stat. 1332

October 28, 1993

Nuclear Regulatory Commission

SALARIES AND EXPENSES

(Including Transfer of Funds)

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act of 1954, as amended, including the employment of

aliens; services authorized by section 3109 of Title 5, United States Code;

publication and dissemination of atomic information; purchase, repair, and

cleaning of uniforms, official representation expenses (not to exceed

$20,000); reimbursements to the General Services Administration for

security guard services; hire of passenger motor vehicles and aircraft,

$542,900,000, to remain available until expended, of which $22,000,000

shall be derived from the Nuclear Waste Fund: Provided, That from this

appropriation, transfer of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That moneys

received by the Commission for the cooperative nuclear safety research

program, services rendered to foreign governments and international

organizations, and the material and information access authorization

programs, including criminal history checks under section 149 of the

Atomic Energy Act of 1954, as amended, may be retained and used for

salaries and expenses associated with those activities, notwithstanding the

provisions of section 3302 of Title 31, United States Code, and shall

remain available until expended: Provided further, That revenues from

licensing fees, inspection services, and other services and collections

estimated at $520,900,000 in fiscal year 1994 shall be retained and used

for necessary salaries and expenses in this account, notwithstanding the

provisions of section 3302 of Title 31, United States Code, and shall

remain available until expended: Provided further, That the sum herein

appropriated shall be reduced by the amount of revenues received during

fiscal year 1994 from licensing fees, inspection services and other services

and collections, excluding those moneys received for the cooperative

nuclear safety research program, services rendered to foreign governments

and international organizations, and the material and information access

707
authorization programs, so as to result in a final fiscal year 1994

appropriation estimated at not more than $22,000,000.

Office Of Inspector General

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

including services authorized by section 3109 of Title 5, United States

Code, $4,800,000 to remain available until expended; and in addition, an

amount not to exceed 5 percent of this sum may be transferred from

Salaries and Expenses, Nuclear Regulatory Commission: Provided, That

notice of such transfers shall be given to the Committees on

Appropriations of the House and Senate: Provided further, That from this

appropriation, transfers of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That revenues from

licensing fees, inspection services, and other services and collections shall

be retained and used for necessary salaries and expenses in this account,

notwithstanding the provisions of section 3302 of Title 31, United States

Code, and shall remain available until expended: Provided further, That

the sum herein appropriated shall be reduced by the amount of revenues

received during fiscal year 1994 from licensing fees, inspection services,

and other services and collections, so as to result in a final fiscal year 1994

appropriation estimated at not more than $0.

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1993

Public Law 102-37 106 Stat. 1340

October 2, 1992

Nuclear Regulatory Commission

SALARIES AND EXPENSES (1993)

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act of 1954, as amended, including the employment of

aliens; services authorized by section 3109 of Title 5, United States Code;

publication and dissemination of atomic information; purchase, repair, and

cleaning of uniforms, official representation expenses (not to exceed

$20,000); reimbursements to the General Services Administration for

security guard services; hire of passenger motor vehicles and aircraft,

708
$535,415,000, to remain available until expended, of which $21,100,000

shall be derived from the Nuclear Waste Fund: Provided, That from this

appropriation transfer of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That moneys

received by the Commission for the cooperative nuclear safety research

program, services rendered to foreign governments and international

organizations, and the material and information access authorization

programs, including criminal history checks under section 149 of the

Atomic Energy Act of 1954, as amended, may be retained and used for

salaries and expenses associated with those activities, notwithstanding the

provisions of section 3302 of Title 31, United States Code, and shall

remain available until expended: Provided further, That revenues from

licensing fees, inspection services, and other services and collections

estimated at $514,315,000 in fiscal year 1993 shall be retained and. used

for necessary salaries and expenses in this account, notwithstanding the

provisions of section 3302 of Title 31, United States Code, and shall

remain available until expended: Provided further, That the sum herein

appropriated shall be reduced by the amount of revenues received during

fiscal year 1993 from licensing fees, inspection services and other services

and collections, excluding those moneys received for the cooperative

nuclear safety research program. services rendered to foreign governments

and international organizations. and the material and information access

authorization programs, so as to result in a final fiscal year 1993

appropriation estimated at not more than $2 1,100.000.

Office Of Inspector General

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

including services authorized by section 3109 of Title 5, United States

Code, $4,585,000 to remain available until expended; and in addition, an

amount not to exceed 5 percent of this sum may be transferred from

Salaries and Expenses, Nuclear Regulatory Commission: Provided, That

notice of such transfers shall be given to the Committees on

Appropriations of the House and Senate: Provided further, That from this

appropriation, transfers of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That revenues from

licensing fees, inspection services, and other services and collections shall

be retained and used for necessary salaries and expenses in this account,

notwithstanding the provisions of section 3302 of Title 31, United States

Code, and shall remain available until expended: Provided further, That

the sum herein appropriated shall be reduced by the amount of revenues

709
received during fiscal year 1993 from licensing fees, inspection services,

and other services and collections, so as to result in a final fiscal year 1993

appropriation estimated at not more than $0.

5 USC 504 Sec. 502 None of the funds in this Act or subsequent Energy and

note, Water Development Appropriations Acts shall be used to pay the expenses

of, or otherwise compensate, parties intervening in regulatory or

adjudicatory proceedings funded in such Acts.

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1992

Public Law 102-104 105 Stat. 534

August 17, 1991

Nuclear Regulatory Commission

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act of 1954, as amended, including the employment of

aliens; services authorized by section 3109 of Title 5, United States Code;

publication and dissemination of atomic information; purchase, repair, and

cleaning of uniforms, official representation expenses (not to exceed

$20,000); reimbursements to the General Services Administration for

security guard services; hire of passenger motor vehicles and aircraft,

$508,810,000, to remain available until expended, of which $19,962,000

shall be derived from the Nuclear Waste Fund: Provided, That from this

appropriation, transfer of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That moneys

received by the Commission for the cooperative nuclear safety research

program, services rendered to foreign governments and international

organizations, and the material and information access authorization

programs, including criminal history checks under section 149 of the

Atomic Energy Act of 1954, as amended, may be retained and used for

salaries and expenses associated with those activities, notwithstanding the

provisions of section 3302 of Title 31, United States Code, and shall

remain available until expended: Provided further, That revenues from

licensing fees, inspection services, and other services and collections

estimated at $488,848,000 in fiscal year 1992 shall be retained and used

for necessary salaries and expenses in this account, notwithstanding the

provisions of section 3302 of Title 31, United States Code, and shall

710
remain available until expended: Provided further, That the sum herein

appropriated shall be reduced by the amount of revenues received during

fiscal year 1992 from licensing fees, inspection services, and other

services and collections, excluding those moneys received for the

cooperative nuclear safety research program, services rendered to foreign

governments and international organizations, and the material and

information access authorization programs, so as to result in a final fiscal

year 1992 appropriation estimated at not more than $19,962,000.

Office Of Inspector General

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

including services authorized by section 3109 of Title 5, United States

Code, $3,690,000, to remain available until expended; and in addition, an

amount not to exceed 5 percent of this sum may be transferred from

Salaries and Expenses, Nuclear Regulatory Commission: Provided, That

notice of such transfers shall be given to the Committees on

Appropriations of the House and Senate: Provided further, That from this

appropriation, transfers of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That revenues from

licensing fees, inspection services, and other services and collections shall

be retained and used for necessary salaries and expenses in this account,

notwithstanding the provisions of section 3302 of Title 31, United States

Code, and shall remain available until expended: Provided further, That

the sum herein appropriated shall be reduced by the amount of revenues

received during fiscal year 1992 from licensing fees, inspection services,

and other services and collections, so as to result in a final fiscal year 1992

appropriation estimated at not more than $0.

711
ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1991

Public Law 101-514 104 Stat. 2074

November 5, 1990

Nuclear Regulatory Commission

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act, as amended, including the employment of aliens;

services authorized by section 3109 of Title 5, United States Code;

publication and dissemination of atomic information; purchase, repair, and

cleaning of uniforms, official representation expenses (not to exceed

$20,000); reimbursements to the General Services Administration for

security guard services; hire of passenger motor vehicles and aircraft,

$461,320,000, to remain available until expended, of which $19,650,000

shall be derived from the Nuclear Waste Fund: Provided, That from this

appropriation, transfer of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That moneys

received by the Commission for the cooperative nuclear safety research

program, services rendered to foreign governments and international

organizations, and the material and information access authorization

programs, including criminal history checks under section 149 of the

Atomic Energy Act of 1954, as amended, may be retained and used for

salaries and expenses associated with those activities, notwithstanding the

provisions of section 3302 of Title 31, United States Code, and shall

remain available until expended: Provided further, That revenues from

licensing fees, inspection services, and other services and collections

estimated at $153,450,000 in fiscal year 1991 shall be retained and used

for necessary salaries and expenses in this account, notwithstanding the

provisions of section 3302 of Title 31, United States Code, and shall

remain available until expended: Provided further, That the sum herein

appropriated shall be reduced by the amount of revenues received during

fiscal year 1991 from licensing fees, inspection services and other services

and collections, and from the Nuclear Waste Fund, excluding those

moneys received for the cooperative nuclear safety research program,

services rendered to foreign governments and international organizations,

and the material and information access authorization programs, so as to

result in a final fiscal year 1991 appropriation estimated at not more than

$307,870,000.

712
Office Of Inspector General

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

including services authorized by 5 USC 3109, $3,680,000, to remain

available until expended; and in addition, not to exceed 5 percent of this

sum may be transferred from Salaries and Expenses, Nuclear Regulatory

Commission: Provided, That notice of such transfers shall be given to the

Committees on Appropriations of the House and Senate: Providedfurther,

That from this appropriation, transfers of sums may be made to other

agencies of the Government for the performance of the work for which

'this appropriation is made, and in such cases the sums so transferred may

be merged with the appropriation to which transferred.

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1990

Public Law 101-101 103 Stat. 641

September 29, 1989

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act, as amended, including the employment of aliens;

services authorized by section 3109 of Title 5, United States Code;

publication and dissemination of atomic information; purchase, repair, and

cleaning of uniforms, official representation expenses (not to exceed

$20,000); reimbursements to the General Services Administration for

security guard services; hire of passenger motor vehicles and aircraft,

$442,100,000, to remain available until expended, of which $23,195,000

shall be derived from the Nuclear Waste Fund: Provided, That from this

'appropriation, transfer of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That moneys

received by the Commission for the cooperative nuclear safety research

program, services rendered to foreign governments and international

organizations, and the material and information access authorization

programs, including criminal history checks under section 149 of the

Atomic Energy Act, as amended, may be retained and used for salaries

and expenses associated with those activities, notwithstanding the

provisions of section 3302 of Title 31, United States Code, and shall

713
remain available until expended: Provided further, That revenues from

licensing fees, inspection services, and other services and collections

estimated at $146,850,000 in fiscal year 1990 shall be retained and used

for necessary salaries and expenses in this account, notwithstanding the

provisions of section 3302 of Title 31, United States Code, and shall

remain available until expended: Provided further, That the sum herein

appropriated shall be reduced by the amount of revenues received during

fiscal year 1990 from licensing fees, inspection services and other services

and collections, and from the Nuclear Waste Fund, excluding those

moneys received for the cooperative nuclear safety research program,

services rendered to foreign governments and international organizations,

and the material and information access authorization programs, so as to

result in a final fiscal year 1990 appropriation estimated at not more than

$295,250,000.

Office Of Inspector General

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

including services authorized by 5 USC 3109, $2,900,000, to remain

available until expended; and in addition, not to exceed 5 percent of this

sum may be transferred from Salaries and Expenses, Nuclear Regulatory

Commission: Provided, That notice of such transfers shall be given to the

Committees on Appropriations of the House and Senate: Provided further,

That from this appropriation, transfer of sums may be made to other

agencies of the Government for the performance of the work for which

this appropriation is made, and in such cases the sums so transferred may

be merged with the appropriation to which transferred.

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1989

Public Law 100-371 102 Stat. 857

July 19, 1988

An Act

Making appropriations for energy and water development for the fiscal

year ending September 30, 1989, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

714
Energy and That the following sums are appropriated, out of any money in the

Water Treasury not otherwise appropriated, for the fiscal year ending September

Development 30, 1989, for energy and water development, and for other purposes,

Appropriation namely:

Act, 1989.

Title IV-Independent Agencies

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act, as amended, including the employment of aliens;

services authorized by section 3109 of Title 5, United States Code;

publication and dissemination of atomic information; purchase, repair, and

cleaning of uniforms, official representation expenses (not to exceed

$20,000); reimbursements to the General Services Administration for

security guard services; hire of passenger motor vehicles and aircraft,

$420,000,000, to remain available until expended: Provided, That from

this appropriation, transfer of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That moneys

received by the Commission for the cooperative nuclear safety research

program, services rendered to foreign governments and international

organizations, and the material and information access authorization

programs including criminal history checks under section 149 of the

Atomic Energy Act, as amended, may be retained and used for salaries

and expenses associated with those activities, notwithstanding the

provisions of section 3302 of Title 3 1, United States Code, and shall

remain available until expended: Provided further, That revenues from

licensing fees, inspection services, and other services and collections

estimated at $189,000,000 in fiscal year 1989 shall be retained and used

for necessary salaries and expenses in this account, notwithstanding the

provisions of section 3302 of Title 31, United States code, and shall

remain available until expended: Provided further, That the sum herein

appropriated shall be reduced by the amount of revenues received during

fiscal year 1989 from licensing fees, inspection services and other services

and collections, excluding those moneys received for the cooperative

nuclear safety research program, services rendered to foreign governments

and international organizations, and the material and information access

authorization programs, so as to result in a final fiscal year 1989

appropriation estimated at not more than $231,000,000.

Title V-General Provisions

Sec. 501. No part of any appropriation contained in this Act shall remain

available for obligation beyond the current fiscal year unless expressly so

provided herein.

715
Sec. 502. None of the funds in this Act shall be used to pay the expenses

of, or otherwise compensate, parties intervening in regulatory or

adjudicatory proceedings funded in this Act.

Sec. 503. None of the programs, projects or activities as defined in the

report accompanying this Act, may be eliminated or disproportionately

reduced due to the application of "Savings and Slippage", "general

reduction", or the provision of Public Law 99-177 or Public Law 100-119.

Sec. 504. The expenditure of any appropriation under this Act for any

consulting service through procurement contract, pursuant to section 3109

of Title 5, United States Code, shall be limited to those contracts where

such expenditures are a matter of public record and available for public

inspection, except where otherwise provided under existing law, or under

existing Executive order issued pursuant to existing law.

Sec. 505. None of the funds appropriated in this Act shall be used to

implement a program of retention contracts for senior employees of the

Tennessee Valley Authority.

Sec. 509. Such sums as may be necessary for fiscal year 1989 pay raises

for programs funded by this Act shall be absorbed within the levels

appropriated in this Act.

This Act may be cited as the "Energy and Water Development

Appropriations Act, 1989."

ENERGY AND WATER DEVELOPMENT

APPROPRIATION ACT, 1988

Public Law 100-202 101 Stat. 1329

December 22, 1987

JOINT RESOLUTION

Making further continuing appropriations for the fiscal year 1988, and

for other purposes.

Resolved by the Senate and House of Representatives of the United

States of America in Congress assembled,

2 USC 902 Sec. 1. Because the spending levels included in this Resolution achieve

note. the deficit reduction targets of the Economic Summit, sequestration is no

longer necessary. Therefore:

(a) Upon the enactment of this Resolution the orders issued by the

President on October 20, 1987, and November 20, 1987, pursuant to

section 252 of the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, are hereby rescinded.

(b) Any action taken to implement the orders referred to in subsection

(a) shall be reversed, and any sequester able resource that has been

716
reduced or sequestered by such orders is hereby restored, revived, or

released and shall be available to the same extent and for the same

purpose as if the orders had not been issued.

The following sums are hereby appropriated, out of any money in the

Treasury not otherwise appropriated, and out of applicable corporate or

other revenues, receipts, and funds, for the several departments, agencies,

corporations, and other organizational units of the Government for the

fiscal year 1988, and for other purposes, namely:

Sec. 101. (d) Such amounts, as may be necessary for programs,

projects or activities provided for in the Energy and Water Development

Appropriations Act, 1988, at a rate of operations and to the extent and in

the manner provided for, the provisions of such Act to be effective as if it

had been enacted into law as the regular appropriations Act, as follows:

An Act

Energy and Making appropriations for energy and water development for the fiscal

Water year ending September 30, 1988, and for other purposes.

Development

Appropriation

Act, 1988. Title IV-Independent Agencies

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act, as amended, including the employment of aliens;

services authorized by section 3109 of Title 5, United States Code;

publication and dissemination of atomic information; purchase, repair, and

cleaning of uniforms, official representation expenses (not to exceed

$20,000); reimbursements to the General Services Administration for

security guard services; hire of passenger motor vehicles and aircraft,

$392,800,000, to remain available until expended: Provided, That from

this appropriation, transfer of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That moneys

received by the Commission for the cooperative nuclear safety research

program, services rendered to foreign governments and international

organizations, and the material and information access authorization

programs including criminal history checks under section 149 of the

Atomic Energy Act, as amended, may be retained and used for salaries

and expenses associated with those activities, notwithstanding the

provisions of section 3302 of Title 31, United States Code, and shall

remain available until expended: Provided further, That revenues from

licensing fees, inspection services, and other services and collections

estimated at $196,400,000 in fiscal year 1988 shall be retained and used

717
for necessary salaries and expenses in this account, notwithstanding the

provisions of section 3302 of Title 31, United States Code, and shall

remain available until expended: Provided further, That the sum herein

appropriated shall be reduced by the amount of revenues received during

fiscal year 1988 from licensing fees, inspection services and other services

and collections, excluding those moneys received for the cooperative

nuclear safety research program, services rendered to foreign governments

and international organizations, and the material and information access

authorization programs, so as to result in a final fiscal year 1988

appropriation estimated at not more than $196,400,000.

Title V-General Provisions

Sec. 501. No part of any appropriation contained in this Act shall remain

available for obligation beyond the current fiscal year unless expressly so

provided herein.

Sec. 502. None of the funds in this Act shall be used to pay the expenses

of, or otherwise compensate, parties intervening in regulatory or

adjudicatory proceedings funded in this Act. This prohibition bars

payment to a party intervening in an administrative proceeding for

expenses incurred in appealing an administrative decision to the courts.

Sec. 503. None of the programs, projects or activities as defined in the

report accompanying this Act, may be eliminated or disproportionately

reduced due to the application of "Savings and Slippage", "general

reduction", or the provision of Public Law 99-177 or Public Law 100-119.

Sec. 504. The expenditure of any appropriation under this Act for any

consulting service through procurement contract, pursuant to section 3109

of Title 5, United States Code, shall be limited to those contracts where

such expenditures are a matter of public record and available for public

inspection, except where otherwise provided under existing law, or under

existing Executive order issued pursuant to existing law.

Sec. 505. None of the funds appropriated in this Act shall be used to

implement a program of retention contracts for senior employees of the

Tennessee Valley Authority.

Sec. 506. Notwithstanding any other provision of this Act or any other

provision of law, none of the funds made available under this Act or any

other law shall be used for the purposes of conducting any studies relating

or leading to the possibility of changing from the currently required "at

cost" to a "market rate" or any other noncost-based method for the pricing

of hydroelectric power by the six Federal public power authorities, or

other agencies or authorities of the Federal Government, except as may be

specifically authorized by Act of Congress hereafter enacted.

Sec. 507. None of the funds appropriated in this Act for Power Marketing

Administrations or the Tennessee Valley Authority, and none of the funds

authorized to be expended by this or any previous Act from the Bonneville

Power Administration Fund or the Tennessee Valley Authority Fund, may

be used to pay the costs of procuring extra high voltage (EHV) power

718
equipment unless contract awards are made for EHV equipment

manufactured in the United States when such agencies determine that

there are one or more manufacturers of domestic end product offering a

product that meets the technical requirements of such agencies at a price

not exceeding 130 percentum of the bid or offering price of the most

competitive foreign bidder: Provided, That such agencies shall determine

the incremental costs associated with implementing this section and defer

'or offset such incremental costs against otherwise existing repayment

obligations: Provided further, That this section shall not apply to any

procurement initiated prior to October 1, 1985, or to the acquisition of

spare parts or accessory equipment necessary for the efficient operation

and maintenance of existing equipment and available only from the

manufacturer of the original equipment: Provided further, That this

section shall not apply to procurement of domestic end product as defined

in 48 CFR section 25.101: Provided further, That this section shall not

apply to EHV power equipment produced or manufactured in a country

whose government has completed negotiations with the United States to

extend the GATT Government Procurement Code, or a bilateral

equivalent, to EHV power equipment, or which otherwise offers fair

competitive opportunities in public procurements to United States

manufacturers of such equipment.

Sec. 508. None of the funds in this Act may be used to construct or enter

into an agreement to construct additional hydropower units at Denison

Dam-Lake Texoma.

Sec. 509. In honor of Ernest Frederick Hollings, the building located at 83

Meeting Street in Charleston, South Carolina, shall hereafter be known

and designated as the "Hollings Judicial Center", Provided further, That

the lock and dam on the Tombigbee River in Pickens Country, Alabama,

commonly known as the Aliceville Lock and Dam, and the resource

management and visitor center at Aliceville Lake on the TennesseeTombigbee Waterway, shall hereafter be known and designated as the

"Tom Bevill Lock and Dam" and the "Tom Bevill Resource Management

and Visitor Center at Aliceville Lake on the Tennessee-Tombigbee

Waterway", respectively. Any reference in a law, map, regulation,

document, or paper of the United States to such lock and dam and any

reference in a law, map, regulation, document, or paper of the United

States to such resource management and visitor center shall be held to be a

reference to the "Tom Bevill Lock and Dam" and the "Tom Bevill

Resource Management and Visitor Center at Aliceville Lake on the

Tennessee-Tombigbee Waterway", respectively.

This Act may be cited as the "Energy and Water Development

Appropriation Act, 1988."

719
ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1987

Public Law 99-591 100 Stat. 3341

October 30, 1986

JOINT RESOLUTION

Making continuing appropriations for the fiscal year 1987, and for

other purposes.

Resolved by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

That the following sums are hereby appropriated, out of any money in

the treasury not otherwise appropriated, and out of applicable corporate or

other revenues, receipts, and funds, for the several departments, agencies,

corporations, and other organization units of the Government for the fiscal

year 1987, and for other purposes, namely:

Sec. 101.(e) Such amounts as may be necessary for programs, projects

or activities provided for in the Energy and Water Development

Appropriations Act, 1987, at a rate of operations and to the extent and in

the manner provided as follows, to be effective as if it had been enacted

into law as the regular appropriations Act:

An Act

Making appropriations for energy and water development for the fiscal

year ending September 30, 1987, and for other purposes.

Title IV-Independent Agencies

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act, as amended, including the employment of aliens;

services authorized by section 3109 of Title 5, United States Code;

publication and dissemination of atomic information; purchase, repair, and

cleaning of uniforms; official representation expenses (not to exceed

$8,000); reimbursements to the General Services Administration for

security guard services; hire of passenger motor vehicles and aircraft,

$401,000,000, to remain available until expended: Provided, That from

this appropriation, transfer of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That moneys

received by the Commission for the cooperative nuclear safety research

720
program and the material and information access authorization programs

including criminal history checks under section 149 of the Atomic Energy

Act, as amended, may be retained and used for salaries and expenses

associated with those programs, notwithstanding the provisions of section

3302 of Title 31, United States Code, and shall remain available until

expended.

Title V-General Provisions

Sec. 501. No part of any appropriation contained in this Act shall remain

available for obligation beyond the current fiscal year unless expressly so

provided herein.

Sec. 502. None of the funds in this Act shall be used to pay the expenses

of, or otherwise compensate, parties intervening in regulatory or

adjudicatory proceedings funded in this Act.

Sec. 503. None of the programs, projects or activities as defined in the

report accompanying this Act, may be eliminated or disproportionately

reduced due to the application of "Savings and Slippage", "general

reductions" or the provisions of Public Law 99-177.

Sec. 504. The expenditure of any appropriation under this Act for any

consulting service through procurement contract, pursuant to section 3109

of Title 5, United States Code, shall be limited to those contracts where

such expenditures are a matter of public record and available for public

inspection, except where otherwise provided under existing law, or under

existing Executive order issued pursuant to existing law.

Sec. 505. None of the funds appropriated in the Act shall be used to

implement a program of retention contracts for senior employees of the

Tennessee Valley Authority.

Sec. 506. Notwithstanding any other provision of this Act or any other

provision of law, none of the funds made available under this Act or any

other law shall be used for the purposes of conducting any studies relating

or leading to the possibility of changing from the currently required "at

cost" to a "market rate" or any other noncost-based method for the pricing

of hydroelectric power by the six Federal public power authorities, or

other agencies or authorities of the Federal Government, except as may be

specifically authorized by Act of Congress hereafter enacted.

Sec. 507. None of the funds appropriated in this Act shall be used to pay

the salary of the Administrator of a Power Marketing Administration or

the Board of Directors of the Tennessee Valley Authority, and none of the

funds authorized to be expended by this or any previous Act from the

Bonneville Power Administration Fund, established pursuant to Public

Law 93-454, may be used to pay the salary of the Administrator of the

Bonneville Power Administration, unless such Administrators or Directors

award contracts for the procurement of extra high voltage (EHV) power

equipment manufactured in the United States when such agencies

determine that there are one or more manufacturers of domestic end

product offering a product that meets the technical requirements of such

721
agencies at a price not exceeding 130 percentum of the bid or offering

price of the most competitive foreign bidder: Provided, That such

agencies shall determine the incremental costs associated with

implementing this section and defer or offset such incremental costs

against otherwise existing repayment obligations: Provided further, That

this section shall not apply to any procurement initiated prior to October 1,

1985, or to the acquisition of spare parts or accessory equipment necessary

for the efficient operation and maintenance of existing equipment and

available only from the manufacturer of the original equipment: Provided

further, That this section shall not apply to procurement of domestic end

product as defined in 48 CFR section 25.101: Provided further, That this

section shall not apply to EHV power equipment produced or

manufactured in a country whose government has completed negotiations

with the United States to extend the GATT Government Procurement

Code, or a bilateral equivalent, to EHV power equipment, or which

otherwise offers fair competitive opportunities in public procurements to

United States manufacturers of such equipment.

See. 508. None of the funds in this Act may be used to construct or enter

into an agreement to construct additional hydropower units at Denison

Dam-Lake Texoma.

This Act may be cited as the "Energy and Water Development

Appropriations Act, 1987."

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1987

Public Law 99-500 100 Stat. 1783

October 18, 1986

JOINT RESOLUTION

Making continuing appropriations for the fiscal year 1987, and for other

purposes.

Resolved by the Senate and House ofRepresentatives of the United

States ofAmerica in Congress assembled,

That the following sums are hereby appropriated, out of any money in

the Treasury not otherwise appropriated, and out of applicable corporate

or other revenues, receipts, and funds, for the several departments,

agencies, corporations, and other organizational units of the Government

for the fiscal year 1987, and for other purposes, namely:

Sec. 101. (e) Such amounts as may be necessary for programs,

projects or activities provided for in the Energy and Water Development

Appropriations Act, 1987, at a rate of operations and to the extent and in

722
the manner provided as follows, to be effective as if it had been enacted

into law as the regular appropriations Act:

An Act

Making appropriations for energy and water development for the fiscal

year ending September 30, 1987, and for other purposes.

Title IV-Independent Agencies

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act, as amended, including the employment of aliens;

services authorized by section 3109 of Title 5, United States Code;

publication and dissemination of atomic information; purchase, repair, and

cleaning of uniforms; official representation expenses (not to exceed

$8,000); reimbursements to the General Services Administration for

security guard services; hire of passenger motor vehicles and aircraft,

$401,000,000, to remain available until expended: Provided, That from

this appropriation, transfer of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, that moneys received

by the Commission for the cooperative nuclear safety research program

and the material and information access authorization programs including

criminal history checks under section 149 of the Atomic Energy Act, as

amended, may be retained and used for salaries and expenses associated

with those programs, notwithstanding the provisions of section 3302 of

Title 31, United States Code, and shall remain available until expended.

Title V-General Provisions

Sec. 501. No part of any appropriation contained in this Act shall remain

available for obligation beyond the current fiscal year unless expressly so

provided herein.

Sec. 502. None of the funds in this Act shall be used to pay the expenses

of, or otherwise compensate, parties intervening in regulatory or

adjudicatory proceedings funded in this Act.

Sec. 503. None of the programs, projects or activities as defined in the

report accompanying this Act, may be eliminated or disproportionately

reduced due to the application of "Savings and Slippage", "general

reductions", or the provisions of 99-177.

Sec. 504. The expenditure of any appropriation under this Act for any

consulting service through procurement contract, pursuant to section 3109

of Title 5, United States Code, shall be limited to those contracts where

such expenditures are a matter of public record and available for public

723
inspection, except where otherwise provided under existing law, or under

existing Executive order issued pursuant to existing law.

Sec. 505. None of the funds appropriated in this Act shall be used to

implement a program of retention contracts for senior employees of the

Tennessee Valley Authority.

Sec. 506. Notwithstanding any other provision of this Act or any other

provision of law, none of the funds made available under this Act or any

other law shall be used for the purposes of conducting any studies relating

or leading to the possibility of changing from the currently required "at

cost" to a "market rate" or any other noncost-based method for the pricing

of hydroelectric power by the six Federal public power authorities, or

other agencies or authorities of the Federal Government, except as may be

specifically authorized by Act of Congress hereafter enacted.

See. 507. None of the funds appropriated in this Act shall be used to pay

the salary of the Administrator of a Power Marketing Administration or

the Board of Directors of the Tennessee Valley Authority, and none of the

funds authorized to be expended by this or any previous Act from the

Bonneville Power Administration Fund, established pursuant to Public

Law 93-454, may be used to pay the salary of the Administrator of the

Bonneville Power Administration, unless such Administrators or Directors

award contracts for the procurement of extra high voltage (EHV) power

equipment manufactured in the United States when such agencies

determine that there are one or more manufacturers of domestic end

product offering a product that meets the technical requirements of such

agencies at a price not exceeding 130 percentum of the bid or offering

price of the most competitive foreign bidder: Provided, That such

agencies shall determine the incremental costs associated with

implementing this section and defer or offset such incremental costs

against otherwise existing repayment obligations: Provided further, That

this section shall not apply to any procurement initiated prior to October 1,

1985, or to the acquisition of spare parts or accessory equipment necessary

for the efficient operation and maintenance of existing equipment and

available only from the manufacturer of the original equipment: Provided

further, That this section shall not apply to procurements of domestic end

product as defined in 48 CFR section 25.101: Provided further, That this

section shall not apply to EHV power equipment produced or

manufactured in a country whose government has completed negotiations

with the United States to extend the GATT Government Procurement

Code, or a bilateral equivalent, to EHV power equipment, or which

otherwise offers fair competitive opportunities in public procurements to

United States manufacturers of such equipment.

Sec. 508. None of the funds in this Act may be used to construct or enter

into an agreement to construct additional hydropower units at Denison

Dam-Lake Texoma.

This Act may be cited as the "Energy and Water Development

Appropriations Act, 1987."

724
Note: When the President signed H.J. Res. 738 on October 18, 1986,

it was assigned Public Law No. 99-500. The following statement was

issued by the President in conjunction with his signing of Public Law 99-

591:

On October 17, 1986, I was presented by the Congress with an

enrolled resolution designated H.J. Res. 738, a joint resolution making

continuing appropriations for the fiscal year 1987, and for other purposes.

I signed this measure into law on October 18, 1986. 1 have since learned

that H.J. Res. 738 was not properly enrolled, in that a small number of

paragraphs of text were omitted due to clerical error.

The provisions I signed into law on October 18 remain the law of the

land. The Supreme Court has held that transmission errors of this sort do

not in any way vitiate the legal effect of a President's signature.

Accordingly, that which was signed became law.

H. J. Res. 738 has since been properly enrolled and has been presented

to me for signature. My signing of H.J. Res. 738 today will enable the

provisions previously omitted to become law as well.

APPROPRIATIONS ACT, 1986

Public Law 99-141 99 Stat. 564

November 1, 1985

An Act

Making appropriations for energy and water development for the fiscal

year ending September 30, 1986, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled,

That the following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, for the fiscal year ending September

30, 1986, for energy and water development, and for other purposes,

namely:

Title IV-Independent Agencies

Nuclear Regulatory Commission

SALARIES AND EXPENSES

42 USC 5801 For necessary expenses of the Commission in carrying out the

note. purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act, as amended, including the employment of aliens;

services authorized by 5 USC 3109; publication and dissemination of

725
atomic information; purchase, repair, and cleaning of uniforms; official

representation expenses (not to exceed $3,000); reimbursements to the

General Services Administration for security guard services; hire of

passenger motor vehicles and aircraft, $418,000,000, to remain available

until expended: Provided, That from this appropriation, transfer of sums

may be made to other agencies of the Government for the performance of

the work for which this appropriation is made, and in such cases the sums

so transferred may be merged with the appropriation to which transferred:

Provided further, That moneys received by the Commission for the

cooperative nuclear safety research program and the material access

authorization program may be retained and used for salaries and expenses

associated with those programs, notwithstanding the provisions of section

3302 of Title 31, United States Code, and shall remain available until

expended.

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1985

Public Law 98-360 98 Stat. 403

July 16, 1984

An Act

Making appropriations for energy and water development for the fiscal

year ending September 30, 1985, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled,

That the following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, for the fiscal year ending September

30, 1985, for energy and water development, and for other purposes,

namely:

Title IV-Independent Agencies

Nuclear Regulatory Commission

SALARIES AND EXPENSES

42 USC 2011 For necessary expenses of the Commission in carrying out the

note. purposes of the Energy Reorganization Act of 1974, as amended, and the

42 USC 5801 Atomic Energy Act, as amended, including the employment of aliens;

note. services authorized by 5 USC 3109; publication and dissemination of

atomic information; purchase, repair, and cleaning of uniforms; official

representation expenses (not to exceed $3,000); reimbursements to the

General Services Administration for security guard services; hire of

726
passenger motor vehicles and aircraft, $448,200,000, to remain available

until expended: Provided, That from this appropriation, transfer of sums

may be made to other agencies of the Government for the performance of

the work for which this appropriation is made, and in such cases the sums

so transferred may be merged with the appropriation to which transferred:

Provided further, That moneys received by Commission for the

cooperative nuclear safety research program and the material access

authorization program may be retained and used for salaries and expenses

associated with those programs, notwithstanding the provisions of section

3302 of Title 31, United States Code, and shall remain available until

expended.

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1984

Public Law 98-50

July 14, 1983

An Act

Making appropriations for energy and water development for the fiscal

year ending September 30, 1984, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

Energy and That the following sums are appropriated, out of any money in the

Water Treasury not otherwise appropriated, for the fiscal year ending September

Development 30, 1984, for energy and water development, and for other purposes,

Appropriation namely:

Act, 1984.

Nuclear Regulatory Commission

SALARIES AND EXPENSES

31 USC 3302. For necessary expenses of the Commission in carrying out the

42 USC 5801 purposes of the Energy Reorganization Act of 1974, as amended, and the

note. Atomic Energy Act, as amended, including the employment of aliens;

services authorized by 5 USC 3109; publication and dissemination of

atomic information; purchase, repair, and cleaning of uniforms; official

representation expenses (not to exceed $3,000); reimbursements to the

General Services Administration for security guard services; hire of

passenger motor vehicles and aircraft, $465,800,000 to remain available

until expended: Provided That from this appropriation, transfer of sums

may be made to other agencies of the Government for the performance of

the work for which this appropriation is made, and in such cases the sums

727
so transferred may be merged with the appropriation to which transferred:

Provided further, That moneys received by the Commission for the

cooperative nuclear safety research program and the material access

authorization program may be retained and used for salaries and expenses

associated with those programs, notwithstanding the provisions of 31 USC

484, and shall remain available until expended.

CONTINUING APPROPRIATIONS FOR FISCAL YEAR

1983

Public Law 97-377 96 Stat. 1830

December 21, 1982

JOINT RESOLUTION

Making further continuing appropriations and providing for productive

employment for the fiscal year 1983, and for other purposes.

Continuing Resolved by the Senate and House of Representatives of the United

appropriations States ofAmerica in Congress assembled,

for fiscal year

1983. That the following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, and out of applicable corporate or

other revenues, receipts, and funds, for the several departments, agencies,

corporations, and other organizational units of the Government for the

fiscal year 1983, and for other purposes, namely:

Title V-General Provisions

(f) Such amounts as may be necessary for continuing activities which

were conducted in fiscal year 1982, for which provision was made in the

Energy and Water Development Act, 1982, at the current rate of

operations: Provided, That no funds under this heading shall be used for

further study or construction or in any fashion for a federally funded

waterway which extends the Tennessee Tombigbee project south from the

city of Demopolis, Alabama: Provided further, That no appropriation,

fund or authority made available by this joint resolution or any other Act

may be used directly or indirectly to significantly alter, modify, dismantle,

or otherwise change the normal operation and maintenance required for

any civil works project under Department of Defense-Civil, Department of

the Army, Corps of Engineers-Civil, Operation and Maintenance, General,

and the operation and maintenance activities funded in Flood Control,

Mississippi River and Tributaries: Provided further, That of such amount,

$1,000,000 shall be available only to provide a wider navigation opening

at the Franklin Ferry Bridge, Jefferson County, Alabama: Provided

further, That no appropriation or fund made available or authority granted

728
pursuant to this paragraph shall be used to initiate or resume any project or

activity for which appropriations, funds, or other authority were not

available during the fiscal year 1982 without prior approval of the

Committees on Appropriations: Provided further, That Department of

Energy, Atomic Energy Defense Activities, shall be funded at not to

exceed an annual rate for new obligational authority of $5,700,000,000, of

which not more than $4,372,000,000 shall be available for operating

expenses and not more than $1,328,000,000 shall be available for plant

and capital equipment, except that no funds shall be available for Project

82D 109; Provided further, That no appropriation, fund or authority made

available to the Department of Energy by this joint resolution or any other

Act, shall be used for any action which would result in a significant

reduction of the employment levels for any program or activity below the

employment levels in effect on September 30, 1982:

(g) Notwithstanding section 102(c) of this joint resolution, the

following amounts are provided for fiscal year 1983:

Sec. 159. Funds in this joint resolution may not be made available for

payment to the International Atomic Energy Agency unless the Board of

Governors of the International Atomic Energy Agency certifies to the

United States Government that the State of Israel is allowed to participate

fully as a member nation in the activities of that Agency, and the Secretary

of State transmits such certification to the Speaker of the House of

Representatives and the President of the United States Senate.

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1982

Public Law 97-88 95 Stat. 1135

December 4, 1981

An Act

Making appropriations for energy and water development for the fiscal

year ending September 30, 1982, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

That the following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, for the fiscal year ending September

30, 1982, for energy and water development, and for other purposes,

namely:

729
42 USC 2014.

42 USC 5801

note.

Title IV-Independent Agencies

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act, as amended, including the employment of aliens;

services authorized by 5 USC 3109; publication and dissemination of

atomic information; purchase, repair, and cleaning of uniforms; official

entertainment expenses (not to exceed $1,500); reimbursements to the

General Services Administration for security guard services; hire of

passenger motor vehicles and aircraft; $465,700,000 to remain available

until expended: Provided, That from this appropriation, transfer of sums

may be made to other agencies of the Government for the performance of

the work for which this appropriation is made, and in such cases the sums

so transferred may be merged with the appropriation to which transferred:

Provided further, That moneys received by the Commission for the

cooperative nuclear safety research programs may be retained and used for

salaries and expenses associated with those programs, notwithstanding the

provisions of 31 USC 484, and shall remain available until expended:

Provided further, That transfers between accounts may be made only with

the approval of the Committees on Appropriations of the House of

Representatives and the Senate: Provided further, That no part of the

funds appropriated in this Act be used to implement section 110 of Public

Law 96-295: Provided further, That no funds appropriated to the Nuclear

Regulatory Commission in this Act may be used to implement or enforce

any portion of the Uranium Mill Licensing Requirements published as

final rules at 45 Federal Register 65521 to 65538 on October 3, 1980, or to

require any State to adopt such requirements in order for the State to

continue to exercise authority under State law for uranium mill and mill

tailings licensing, or to exercise any regulatory authority for uranium mill

and mill tailings licensing in any State that has acted to exercise such

authority under State law; Provided, however, That the Commission may

use such funds to continue to regulate byproduct material, as defined in

section II e.(2) of the Atomic Energy Act of 1954, as amended, in the

manner and to the extent permitted prior to October 3, 1980.

Title V-General Provisions

See. 501. No part of any appropriation contained in this Act shall remain

available for obligation beyond the current fiscal year unless expressly so

provided herein.

Sec. 502. None of the funds in this Act shall be used to pay the expenses

of, or otherwise compensate, parties intervening in regulatory or

adjudicatory proceedings funded in this Act.

Sec. 503. The expenditure of any appropriation under this Act for any

consulting service through procurement contract, pursuant to 5 USC 3109,

730
shall be limited to those contracts where such expenditures are a matter of

public record and available for public inspection, except where otherwise

provided under existing law, or under existing Executive Order issued

pursuant to existing law.

Sec. 504. None of the funds in this Act shall be used to implement,

administer, or enforce any regulation which has been disapproved

pursuant to a resolution of disapproval duly adopted in accordance with

the applicable law of the United States.

Sec. 505. None of the funds provided in this Act to any department or

agency shall be obligated or expended to provide a personal cook,

chauffeur, or other personal servants to any officer or employee of such

department or agency.

Sec. 506. None of the funds provided in this Act to any department or

agency shall be obligated in 15 USC 2001 with an EPA estimated miles

per gallon average of less than 22 miles per gallon.

Sec. 507. None of the funds appropriated in this Act shall be used to

implement a program of retention contracts for senior employees of the

Tennessee Valley Authority.

Sec. 508. The Senate hereby expresses its intention not to appropriate

funds for improvements on the portion of the Black Warrior-Tombigbee

Waterway south of Demopolis, Alabama.

Short Title. This Act may be cited as the "Energy and Water Development

Appropriation Act, 1982."

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1981

Public Law 96-367 94 Stat. 1344

October 1, 1980

An Act

Making appropriations for energy and water development for the fiscal

year ending September 30, 1981, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

Energy and That the following sums are appropriated, out of any money in the

Water Treasury not otherwise appropriated, for the fiscal year ending September

Development. 30, 1981, for energy and water development, and for other purposes,

Appropriation namely:

Act, 1981.

731
Title IV-Independent Agencies

Nuclear Regulatory Commission

SALARIES AND EXPENSES

42 USC 5801 For necessary expenses of the Commission in carrying out the

note. purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act, as amended, namely the control of atomic energy and

the issuance of licenses as authorized by section 103 (42 USC 2133) so as

to make the maximum contribution to the general welfare, promote world

peace, increase the standard of living and strengthen free competition in

private enterprise, subject at all times to the paramount objective of

making the maximum contribution to the common defense and security

and to the objective of protecting the health and safety of the public,

including the employment of aliens; service authorized by 5 USC 3109;

publication and dissemination of atomic information; purchase, repair, and

cleaning of uniforms; official entertainment expenses (not to exceed

$3,000); reimbursement of the General Services Administration for

security guard services; hire of passenger motor vehicles and aircraft;

$447,520,000, to remain available until expended: Provided, That from

this appropriation, transfer of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That moneys

received by the Commission for the cooperative nuclear safety research

programs may be retained and used for salaries and expenses associated

with those programs, notwithstanding the provisions of 31 USC 484, and

shall remain available until expended.

Title V-General Provisions

Sec. 501. No part of any appropriation contained in this Act shall remain

available for obligation beyond the current fiscal year unless expressly so

provided herein.

Sec. 502. None of the funds in this Act shall be used to pay the expenses

of, or otherwise compensate, parties intervening in regulatory or

adjudicatory proceedings funded in this Act.

Sec. 503. The expenditure of any appropriation under this Act for any

consulting service through procurement contract, pursuant to 5 USC 3109,

shall be limited to those contracts where such expenditures are a matter of

public record and available for public inspection, except where otherwise

provided under existing law, or under existing Executive Order issued

pursuant to existing law.

Short Title. This Act may be cited as the "Energy and Water Development

Appropriation Act, 198 1."

732
SUPPLEMENTAL APPROPRIATIONS AND RESCISSION

ACT, 1980

Public Law 96-304 94 Stat. 872

Supplemental

Appropriations

and Rescission

Act, 1980.

July 8, 1980

An Act

Making supplemental appropriations for the fiscal year ending September

30, 1980, rescinding certain budget authority, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

That the following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, to supply supplemental

appropriations (this Act may be cited as the "Supplemental Appropriations

and Rescission Act, 1980") for the fiscal year ending September 30, 1980,

that the following rescissions of budget authority are made, and for other

purposes, namely:

Title I-Independent Agencies

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $31,950,000, to

remain available until expended.

TITLE II-INCREASED PAY COSTS FOR THE FISCAL YEAR

1980

Nuclear Regulatory Commission

"Salaries and expenses", $4,810,000.

Title III-General Provisions

(INCLUDING TRANSFER OF FUNDS)

See. 301. No part of any appropriation contained in this Act shall remain

available for obligation beyond the current fiscal year unless expressly so

provided herein.

See. 302. Except where specifically increased or decreased elsewhere in

this Act, the restrictions contained within appropriations, or provisions

affecting appropriations or other funds, available during the fiscal year

1980, limiting the amounts which may be expended for personal services,

or for purposes involving personal services, or amounts which may be

transferred between appropriations or authorizations available for or

involving such services, are hereby increased to the extent necessary to

meet increased pay costs authorized by or pursuant to law.

733
Career Sec. 303. Notwithstanding any other provision of law, the number of

appointees, career appointees in any agency paid performance awards during fiscal

year 1980 under 5 USC 5384, or any comparable personnel system

established on or after October 13, 1978, may not exceed 25 percent of the

number of Senior Executive Service or comparable personnel system

positions in any such agency.

41 USC 46- Sec. 304. (a) Out of the total moneys appropriated for the operation of

48b. the departments and agencies of the Federal Government for fiscal year

1980, $220,000,000 of this total appropriated for the purchase of furniture

is hereby rescinded. Excluded from this rescission are furniture items

produced by Federal Prison Industries, Inc., or by sheltered workshops for

the blind and other severely handicapped under the auspices of Public

Law 92-28: Provided, That such items are fully justified by agency needs.

The Director of the Office of Management and Budget is directed to

allocate this rescission total among the departments and agencies of the

Federal Government and report back to the House and the Senate

Committees on Appropriations within 30 days following the date of the

enactment of this Act as to the allocation made: Provided further, That no

allocation shall exceed 25 percent of said amount.

(b) With respect to the provisions of the Treasury, Postal Service and

General Government Appropriations Act, 1980, under the heading

General Services Administration, Federal Buildings Fund, Limitations on

Availability of Revenue, the aggregate amount made available for the

revenues and collections deposited into the Federal Buildings Fund

pursuant to section 210(f) of the Federal Property and Administrative

Services Act of 1949, as amended (40 USC 4901(f)), for the purposes set

forth in the provisions contained under such heading is reduced by

$15,000,000, which reduction shall apply specifically to the limitation on

rental of space under clause (4) of such provisions. Unresolved and Sec. 305. All unresolved audits currently pending within agencies and

new audits. departments, for which appropriations are made under this Act, shall be

resolved not later than September 30, 1981. Any new audits, involving

questioned costs, arising after the enactment of this Act shall be resolved

within 6 months.

Delinquent Sec. 306. Each department and agency for which appropriations are made

debts. under this Act shall take immediate action (1) to improve the collection of

overdue debts owed to the United States within the jurisdiction of that

department or agency; (2) to bill interest on delinquent debts as required

by the Federal Claims Collection Standards; and (3) to reduce amounts of

such debts written off as uncollectible.

734
Funds for

consulting

services and

information

submittal to

congressional

committees.

Agency budget

controls and

progress,

submittal to

Congress.

Sec. 307. (a) Effective October 1, 1981, for application in fiscal year

1982, a department, agency, or establishment, as defined by section 2,

subchapter I, Chapter 1, Title 31, United States Code, shall submit

annually to the House and Senate Appropriations Committees, as part of

its budget justification, the estimated amount of funds requested for

consulting services; the appropriation accounts in which these funds are

located; and a brief description of the need for these services, including a

list of those major programs that require consulting services.

(b) Effective October 1, 1981, for application in fiscal year 1982, the

Inspector General of such department, agency, or establishment, or

comparable official, or if the agency has no Inspector General or

comparable official, the agency head or the agency head's designee, shall

submit to the Congress along with the agency's budget justification, an

evaluation of the agency's progress to institute effective management

controls and improve the accuracy and completeness of the data provided

to the Federal Procurement Data System regarding consultant service

contractual arrangements.

ENERGY AND WATER DEVELOPMENT

APPROPRIATION ACT, 1980

Public Law 96-69 93 Stat. 449

Energy and

Water

Development

Appropriation

Act, 1980.

September 25, 1979

An Act

Making appropriations for energy and water development for the fiscal

year ending September 30, 1980, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

That the following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, for the fiscal year ending September

30, 1980, for energy and water development, and for other purposes,

namely:

Title IV-Independent Agencies

Nuclear Regulatory Commission

SALARIES AND EXPENSES

42 USC 5801 For necessary expenses, of the Commission in carrying out the

note. purposes of the Energy Reorganization Act of 1974, as amended,

including the employment of aliens; services authorized by 5 USC 3100;

735
publication and dissemination of atomic information; purchase, repair, and

cleaning of uniforms; official entertainment expenses (not to exceed

$12,500); reimbursement of the General Services Administration for

security guard services; hire of passenger motor vehicles and aircraft;

$363,340,000, to remain available until expended: Provided, That from

this appropriation, transfer of sums may be made to other agencies of the

Government for the performance of the work for which this appropriation

is made, and in such cases the sums so transferred may be merged with the

appropriation to which transferred: Provided further, That moneys

received by the Commission for the cooperative nuclear safety research

programs may be retained and used for salaries and expenses associated

with those programs, notwithstanding the provisions of 31 USC 484, and

shall remain available until expended: Provided further, that 731

personnel positions shall be allocated exclusively to the Office of Nuclear

Reactor Regulation to carry out those responsibilities authorized by law.

Title V-General Provision

Sec. 501. No part of any appropriation contained in this Act shall remain

available for obligation beyond the current fiscal year unless expressly so

provided herein.

APPROPRIATIONS ACT, 1979

Public Law 95-482 92 Stat. 1603

October 18, 1978

JOINT RESOLUTION

Making continuing appropriations for the fiscal year 1979, and for other

purposes.

Resolved by the Senate and House of Representatives of the United

States of America in Congress assembled,

That the following sums are appropriated out of any money in the

Treasury not otherwise appropriated, and out of applicable corporate or

other revenues, receipts, and funds, for the several departments, agencies,

corporations, and other organizational units of the Government for the

fiscal year 1979.

Sec. 101. (b) Such amounts as may be necessary, notwithstanding

any other provision of this joint resolution, for the fiscal year ending

September 30, 1979, for programs, projects, and activities to the extent

736
and in the manner provided for in the Energy and Water Development

Appropriation Act, 1979 (H.R. 12928) as enacted by the Congress.1

SECOND SUPPLEMENTAL APPROPRIATIONS ACT, 1978

Public Law 95-355 92 Stat. 538

September 8, 1978

An Act

Making supplemental appropriations for the fiscal year ending September

30, 1978, and for other purposes.

Second Be it enacted by the Senate and House of Representatives of the United

Supplemental States of America in Congress assembled,

Appropriations

Act, 1978. That the following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, to supply supplemental

appropriations (this act may be cited as the "Second Supplemental

Appropriations Act, 1978") for the fiscal year ending September 30, 1978,

and for other purposes, namely:

Title I-Independent Agencies

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For an additional amount for "salaries and expenses", $3,600,000, to

remain available until expended.

Title II-Increased Pay Costs For The Fiscal Year 1978

Nuclear Regulatory Commission

"Salaries and expenses"; $5,000,000, to remain available until expended.

'NRC's appropriation (provided for in H.R. 12928) as enacted by Congress is as follows:

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES-For necessary expenses of the Commission in carrying out

the purposes of the Energy Reorganization Act of 1974, as amended, including the employment of aliens;

services authorized by 5 USC 2109; publication and dissemination of atomic information; purchase, repair, and

cleaning of uniforms; official entertainment expenses (not to exceed $ 15,000); reimbursement of the General

Services Administration for security guard services; hire of passenger motor vehicles and aircraft;

$322,301,000, to remain available until expended: Provided, That from this appropriation, transfer of sums may

be made to other agencies of the Government for the performance of the work for which this appropriation is

made, and in such cases the sums so transferred may be merged with the appropriation to which transferred:

Providedffurther, That moneys received by the Commission for the cooperative nuclear safety research

programs may be retained and used for salaries and expenses associated with those programs, notwithstanding

the provisions of section 3617 of the Revised Statutes (31 USC 484), and shall remain available until expended.

737
Title I1-General Provisions

Fiscal year Sec. 301. No part of any appropriation contained in this Act shall remain

limitation, available for obligation beyond the current fiscal year unless expressly so

provided herein.

Sec. 302. Except where specifically increased or decreased elsewhere in

this Act, the restrictions contained within appropriations, or provisions

affecting appropriations or other funds, available during the fiscal year

1978, limiting the amounts which may be expended for personal services,

or for purposes involving personal services, or amounts which may be

transferred between appropriations or authorizations available for or

involving such services, are hereby increased to the extent necessary to

meet increased pay costs authorized by or pursuant to law.

PUBLIC WORKS FOR WATER AND POWER

DEVELOPMENT AND ENERGY RESEARCH

APPROPRIATION ACT, 1978

Public Law 95-96 91 Stat. 807

August 7, 1977

An Act

Making appropriations for public works for water and power development

and energy research for the fiscal year ending September 30, 1978, and

for other purposes.

Nuclear Regulatory Commission

SALARIES AND EXPENSES

42 USC 5801 For necessary expenses of the Commission in carrying out the

note. purposes of the Energy Reorganization Act of 1974, including the

employment of aliens; services authorized by 5 USC 3109; publication

and dissemination of atomic information; purchase, repair, and cleaning of

uniforms; official entertainment expenses (not to exceed $10,000);

reimbursement of the General Services Administration for security guard

services; hire of passenger motor vehicles and aircraft; $281,423,000, to

remain available until expended: Provided, That from this appropriation,

transfer of sums may be made to other agencies of the Government for the

performance of the work for which this appropriation is made, and in such

cases the sums so transferred may be merged with the appropriation to

which transferred: Provided further, That moneys received by the

Commission for the cooperative nuclear safety research programs may be

retained and used for salaries and expenses associated with those

programs, notwithstanding the provisions of section 3617 of the Revised

Statutes (31 USC 484), and shall remain available until expended.

738
Title V-General Provisions

Fiscal year Sec. 501. No part of any appropriation contained in this Act shall remain

limitation, available for obligation beyond the current fiscal year unless expressly so

provided herein.

Short Title. This Act may be cited as the "Public Works for Water and Power

Development and Energy Research Appropriation Act, 1978."

SUPPLEMENTAL APPROPRIATIONS ACT, 1977

Public Law 95-26 91 Stat. 112

May 4, 1977

An Act

Making supplemental appropriations for the fiscal year ending September

30, 1977, and for other purposes.

Title II-Increased Pay Costs For The Fiscal Year 1977

For additional amounts for appropriation for the fiscal year 1977, for

increased pay costs authorized by or pursuant to law, as follows:

NUCLEAR REGULATORY COMMISSION

"Salaries and expenses", $4,350,000, to remain available until expended.

PUBLIC WORKS FOR WATER AND POWER

DEVELOPMENT AND ENERGY RESEARCH

APPROPRIATION ACT, 1977

Public Law 94-355 90 Stat. 889

July 12, 1976

An Act

Making appropriations for public works for water and power development

and energy research, including the Corps of Engineers-Civil, the

Bureau of Reclamation, power agencies of the Department of the

Interior, the Appalachian regional development programs, the Federal

Power Commission, the Tennessee Valley Authority, the Nuclear

Regulatory Commission, the Energy Research and Development

Administration, and related independent agencies and commissions for

the fiscal year ending September 30, 1977, and for other purposes.

739
Public Works

for Water and

Power

Development

and Energy

Research

Appropriation

Act, 1977.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

That the following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, for the fiscal year ending September

30, 1977, for public works for water and power development and energy

research, including the Corps of Engineers-Civil, the Bureau of

Reclamation, power agencies of the Department of Interior, the

Appalachian regional development programs, the Federal Power

Commission, the Tennessee Valley Authority, the Nuclear Regulatory

Commission, the Energy Research and Development Administration, and

related independent agencies and commissions, and for other purposes,

namely:

Title IV-Independent Offices

Nuclear Regulatory Commission

SALARIES AND EXPENSES

42 USC 5801 For necessary expenses of the Commission in carrying out the

note. purposes of the Energy Reorganization Act of 1974, including the

employment of aliens; services authorized by 5 USC 3109; publication

and dissemination of atomic information; purchase, repair, and cleaning of

uniforms; official entertainment expenses (not to exceed $10,000);

reimbursement of the General Services Administration for security guard

services; hire of passenger motor vehicles and aircraft; $244,430,000, to

remain available until expended: Provided, That from this appropriation,

transfer of sums may be made to other agencies of the Government for the

performance of the work for which this appropriation is made, and in such

cases the sums so transferred may be merged with the appropriation to

which transferred: Provided further, Moneys received by the Commission

for the cooperative nuclear safety research programs may be retained and

used for salaries and expenses associated with those programs,

notwithstanding the provisions of section 3617 of the Revised Statutes (31

USC 484), and shall remain available until expended.

740
PUBLIC WORKS FOR WATER AND POWER

DEVELOPMENT AND ENERGY RESEARCH

APPROPRIATION ACT, 1976

Public Law 94-180 89 Stat. 1035

December 26, 1975

An Act

Making appropriations for public works for water and power development

and energy research, including the Corps of Engineers-Civil, the

Bureau of Reclamation, power agencies of the Department of the

Interior, the Appalachian regional development programs, the Federal

Power Commission, the Tennessee Valley Authority, the Nuclear

Regulatory Commission, the Energy Research and Development

Administration, and related independent agencies and commissions for

the fiscal year ending June 30, 1976, and the period ending September

30, 1976, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

That the following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, for the fiscal year ending June 30,

1976, and the period ending September 30, 1976, for public works for

water and power development and energy research, including the Corps of

Engineers-Civil, the Bureau of Reclamation, power agencies of the

Department of the Interior, the Appalachian regional development

programs, the Federal Power Commission, the Tennessee Valley

Authority, the Nuclear Regulatory Commission, the Energy Research and

Development Administration, and related independent agencies and

commissions, and for other purposes, namely:

Public Works

for Water and

Power

Development

and Energy

Research

Appropriation

Act, 1976.

Title IV-Independent Offices

Nuclear Regulatory Commission

SALARIES AND EXPENSES

42 USC 5801 For necessary expenses of the Commission in carrying out the

note, purposes of the Energy Reorganization Act of 1974, including the

employment of aliens; services authorized by 5 USC 3109; publication

and dissemination of atomic information; purchase, repair, and cleaning of

uniforms; official entertainment expenses (not to exceed $7,000);

reimbursement of the General Services Administration for security guard

services; hire of passenger motor vehicles and aircraft; $215,423,000;

Provided, That from this appropriation, transfers of sums may be made to

other agencies of the Government for the performance of the work for

741
Fiscal year

limitation.

40 USC 581.

Space and

service charges.

Short Title.

which this appropriation is made, and in such cases the sums so

transferred may be merged with the appropriation to which transferred.

For "Salaries and expenses" in accordance with the above provisions

for the period July 1, 1976, through September 30, 1976, $51,425,000.

Title V-General Provisions

Sec. 501. No part of any appropriation contained in this Act shall remain

available for obligation beyond the current fiscal year unless expressly so

provided herein, except as provided by section 204 of Public Law 93-554.

Sec. 502. No part of any appropriation contained in this Act shall be

available for paying to the Administrator of the General Services

Administration in excess of 90 percentum of the standard level user

charge established pursuant to section 210(j) of the Federal Property and

Administrative Services Act of 1949, as amended, for space and services.

This Act may be cited as the "Public Works for Water and Power

Development and Energy Research Appropriation Act, 1976."

SECOND SUPPLEMENTAL APPROPRIATIONS ACT, 1975

Public Law 94-32 89 Stat. 173

Second

Supplemental

Appropriations

Act, 1975.

June 12, 1975

An Act

Making supplemental appropriations for the fiscal year ending June 30,

1975, and for other purposes

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

That the following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, to supply supplemental

appropriations (this Act may be cited as the "Second Supplemental

Appropriations Act, 1975") for fiscal year ending June 30, 1975, and for

the other purposes, namely:

Title I-Chapter VIII

Nuclear Regulatory Commission

SALARIES AND EXPENSES

For necessary expenses of the Nuclear Regulatory Commission as

authorized by law, including services as authorized by 5 USC 3109,

$44,400,000, to remain available until expended.

742
Title Il-Increased Pay Costs

For additional amounts for appropriations for the fiscal year 1975, for

increased pay costs authorized by or pursuant to law, as follows:

Energy Research And Development Administration

"Operating expenses", $5,681,000, to remain available until expended;

Nuclear Regulatory Commission

"Salaries and expenses", $1,540,000, to remain available until expended;

Title 111-General Provisions

Fiscal year Sec. 301. No part of any appropriation contained in this Act shall remain

limitation, available for obligation beyond the current fiscal year unless expressly so

provided herein.

Sec. 302. Except where specifically increased or decreased elsewhere in

this Act, the restrictions contained within appropriations, or provisions

affecting appropriations or other funds, available during the fiscal year

1975, limiting the amounts which may be expended for personal services,

or for purposes involving personal services, or amounts which may be

transferred between appropriations or authorizations available for or

involving such services, are hereby increased to the extent necessary to

meet increased pay costs authorized by or pursuant to law.

GSA, space Sec. 303. No part of any appropriation, funds, or other authority

and services, contained in this Act shall be available for paying to the Administrator of

the General Services Administration in excess of 90 percentum of the

standard level user charge established pursuant to section 210(j) of the

Federal Property and Administrative Services Act of 1949, as amended,

for space and services.

40 USC 581. Sec. 304. No part of the funds contained in this Act may be used to force

42 USC 2000c. any school or school district which is desegregated as that term is defined

Busing. in Title IV of the Civil Rights Act of 1964,Public Law 88-352, to take any

action to force the busing of students; to force on account of race, creed,

or color the abolishment of any school so desegregated; or to force the

transfer or assignment to any student attending any elementary or

secondary school so desegregated to or from a particular school over the

protest of his or her parents or parent.

42 USC 2000c. Sec. 305. (a) No part of the funds contained in this Act shall be used to

Busing. force any school or school district which is desegregated as that term is

defined in Title IV of the Civil Rights Act of 1964, Public Law 88-352, to

take any action to force the busing of students; to require the abolishment

of any school so desegregated; or to force on account of race, creed, or

color the transfer of students to or from a particular school so

desegregated as a condition precedent to obtaining Federal funds

otherwise available to any State, school district, or school.

743
School

transportation

funds.

U.S. Postal

Service,

reimbursement.

(b) No funds appropriated in this Act may be used for the

transportation of students or teachers (or for the purchase of equipment for

such transportation) in order to overcome racial imbalance in any school

or school system, or for the transportation of students or teachers (or for

the purchase of equipment for such transportation) in order to carry out a

plan of racial desegregation of any school system.

Sec. 306. Unobligated balances of operation and maintenance

appropriations available to the Department of Defense-Military, in an

amount not to exceed $18,950,000 in fiscal year 1973 and $23,891,000 in

fiscal year 1974, shall be available to reimburse the United States Postal

Service for service rendered to the Department of Defense during those

fiscal years.

744
TABULATION OF NRC APPROPRIATIONS THROUGH FISCAL YEAR 2009

Appropriation

Fiscal Year 1976: Regular ......................................

Fiscal Year 1977: Regular ......................................

Fiscal Year 1978: Regular ......................................

Fiscal Year 1979: Regular ......................................

Fiscal Year 1978: Supplemental .............................

Fiscal Year 1979: Regular ......................................

Fiscal Year 1980: Regular ......................................

Fiscal Year 1980: Supplemental .............................

Fiscal Year 1981: Regular ......................................

Fiscal Year 1982: Regular ......................................

Fiscal Year 1983: Regular ......................................

Fiscal Year 1984: Regular ......................................

Fiscal Year 1985: Regular ......................................

Fiscal Year 1986: Regular ......................................

Fiscal Year 1987: Regular ......................................

Fiscal Year 1988: Regular ......................................

Fiscal Year 1989: Regular ......................................

Fiscal Year 1990; Regular......................................

Fiscal Year 1991, Regular ......................................

Fiscal Year 1992: Regular ......................................

Fiscal Year 1993: Regular ......................................

Fiscal Year 1994: Regular ......................................

Fiscal Year 1995 Regular .......................................

Fiscal Year 1996; Regular ......................................

Fiscal Year 1997; Regular ......................................

Fiscal Year 1998; Regular .................................

Fiscal Year 1999; Regular ......................

Fiscal Year 2000; Regular ......................................

Fiscal Year 2001; Regular ......................................

Fiscal Year 2002; Regular ......................................

Amount

Requested

($Milion)

$219,935

249,430

292,250

330,670

5,350

330,670

373,000

49,200

468,490

500,700

479,500

466,800

468,200

429,000

405,000

428,000

450,000

472,100

471,320

508,810

545,415

542,900

540,501

520,501

475,300

468,000

488,640

465,400

481,900

516,900

Date of

Request

Feb. 3, 1975

Jan. 21, 1976

Jan. 17, 1977

Jan. 23, 1978

Jan. 23, 1978

Jan. 23, 1978

Jam 22, 1979

Dec. 10,1979

Jan. 28, 1980

Jan. 19, 1981

Feb. 8, 1982

Jan. 31, 1983

Jan. 1984

Feb. 4, 1985

Feb. 5, 1985

Jan. 5, 1987

Feb. 18, 1988

Jan. 9, 1989

Jan. 29, 1990

July 30, 1991

June 11, 1992

June 17, 1993

May26,1994

June 20, 1995

July 16, 1996

July 21, 1997

May 4, 1999

June 23, 2000

June 26, 2001

Amount

Allowed by

House

($Miuion)

$202,500

244,430

277,696

321,487

3,600

321,487

358,340

31,950

437,220

477,534

462,504

465,800

438,200

403,671

405,000

417,800

420,000

442,100

471,320

508,810

535,415

542,490

540,501

468,300

471,800

462,700

462,700

455,400

481,900

516,900

Amount

Allowed by

Senate

(Million)

$215,423

244,430

285,150

328,287

3,000v

328,287

363,340

31,950

452,520

465,700

462,504

466,800

458,200

429,000

391,000

417,800

430,000

442,100

471,320

508,810

535,415

535,415

540,501

474,300

471,800

476,500

466,000

465,400

481,900

506,900

Amount

Appropriated

($Milion)

$215,423

244,430

281,423

322,301

3,600

322,301

363,340

31,950

447,520

465,700

462,504

465,800

448,200

418,000

401,000

392,800

420,000

442,100

461,320

508,810

535,415

535,415

540,501

468,300

471,800

468,000

465,000

465,000

481,900

516,900

Difference

Between

Request and

Appropriation

(Percent)

-2.1

-2

-3.7

-2.5

-33

-2.5

-2.6

-35

-4.5

-7

-3.5

-0.2

-4.3

-2.6

-l

-8.2

-6.7

-6.4

-2.1

0

-1.8

-1.4

0

-10

-0.7

0

-4.8

-0.1

0

0

Date

Enacted

Dec. 26,1975

July 12, 1976

Aug. 7,1977

Oct. 18, 1978

Sept 8, 1978

Oct 18, 1978

Sept 25, 1979

July 8, 1980

Oct. 1, 1980

Dec. 4,1981

Dec. 21,1982

July 14, 1983

July 16, 1984

Nov. 1, 1985

Oct 30, 1986

Dec. 22, 1987

July 19, 1988

Sept. 29, 1989

Nov. 5,1990

Aug. 17, 1991

Oct 2, 1992

Oct. 28, 1993

Aug. 26, 1994

Nov. 13, 1995

Sept 30, 1996

Oct 13, 1997

Oct 7, 1998

Sept. 29, 1999

Oct 27, 2000

Nov. 12,2001

Public

Law

94- 180

94-355

95-96

95-482

95-355

95-482

96-69

96-304

96-367

97-88

97-377

98-50

98-360

99-141

99-591

100-202

100-371

101-101"

101-514"

102-104"

102-377"

103-126"

103-316'

104-46'

104-206'

105-62'

105-245"

106-60"

106-377

107-66

745
TABULATION OF NRC APPROPRIATIONS THROUGH FISCAL YEAR 2009

Difference

Amount Amount Between

Amount Allowed by ' Allowed by Amount Request and

Requested Date of House Senate Appropriated Appropriation Date Public

Appropriation ($Million) Request ($Million) (Million) ($Million) (Percent) Enacted Law

Fiscal Year 2003 .. ..... . .... ................ 578,184 578,184 578,184,000 578,184 0 Feb. 20, 2003 108-7

Fiscal Year 2004 ................................................... 618,800 618,800 618,800,000 618,800 0 Dec. 01, 2003 108-137

Fiscal Year 2005 ............................................ 662,777 662,777 662,777,000 662,777 0 Dec. 08, 2004 108-447

Fiscal Year 2006 ........................................ 693,376 714,376 734,376 734,376 +5.9 Nov. 09, 2005 109-103

Fiscal Year 2007 (See Footnote 1 for explanation). 768,410 808,410 816,529 +6.26 Feb. 15, 2007 110-5

Fiscal Year 2008 ....................................... 908,409 925,559 910,559 917,334 +.97 Dec. 26, 2007 110-161

Fiscal Year 2009 ........................................ 1,008,000 1,034,656 +2.6 Mar. 11, 2009 111-8

*Office of Inspector General

Fiscal Year 1990 .................................................. 2,900 2,900 2,900 0 Sept 29, 1989 101-101

Fiscal Year 1991 .................................................... 3,680 3,680 3,680 3,680 0 Nov. 5, 1990 101-514

Fiscal Year 1992 .................................................... 3,690 3,690 3,690 3,690 0 Aug. 17, 1991 102-104

Fiscal Year 1993 .................................................... 4,585 4,585 4,585 4,585 0 Oct. 2, 1992 102-377

Fiscal Year 1994 .................................................... 4,800 4,800 4,800 4,800 0 Oct 28, 1993 103-126

Fiscal Year 1995 .................................................... 5,080 5,080 5,080 5,080 0 Aug. 26, 1994 103-316

Fiscal Year 1996 .................................................... 5,000 5,000 5,000 5,000 0 Nov. 13, 1995 104-46

Fiscal Year 1997 ................................................... 5,000 5,000 5,000 5,000 0 Sept 30, 1996 104-206

Fiscal Year 1998 .................................................... 4,800 4,800 4,800 4,800 0 Oct. 13, 1997 105-62

Fiscal Year 1999 .................................................... 4,800 4,800 4,800 - Oct 7, 1998 105-245

Fiscal Year 2000 .................................................... 6,000 5,000 5,000 - Sept 29, 1999 106-60

Fiscal Year 2001 .................................................... 5,500 5,500 5,500 5,500 0 Oct 27, 2000 106-377

Fiscal Year 2002 .................................................... 6,180 6,180 5,500 6,180 0 Nov. 12, 2001 107-66

Fiscal Year 2003 .................................................... 6,800 6,800 6,800 6,800 0 Feb. 20, 2003 108-7

Fiscal Year 2004 ................................................... 7,300 7,300 7,300 7,300 0 Dec. 01, 2003 108-137

Fiscal Year 2005 .................................................... 7,518 7,518 7,518 7,518 0 Dec. 08, 2004 108-447

Fiscal Year 2006 ....................................... 8,316 8,316 8,316 8,316 0 Nov. 09,2005 109-103

Fiscal Year 2007 (See Footnote I for explanation). 8,144 8,144 8,360 +2.65 Feb. 12,2007 110-5

Fiscal Year 2008 ....................................... 8,144 8,144 8,744 8,744 +7.4 Dec.26, 2007 110-161

Fiscal Year 2009 ........................................ 9,000 10,860 +20.6 Mar. 11, 2009 111-8

746
9:* NR Auhoiato Acts ____________________

9. NRC Authorization Acts

Contents

A. NRC AUTHORIZATION ACT FOR FISCAL YEAR, 1984-1985 ................. 749

Title I- Authorization Of Appropriations For Fiscal Years 1984 And

19 8 5 ................................................................................................................. 7 4 9

B. NRC AUTHORIZATION ACT FOR FISCAL YEAR, 1982-1983 ................. 753

Sec. 1. Authorization Of Appropriations .................................................... 753

Sec. 2. Authority To Retain Certain Amounts Received ........................... 755

Sec. 3. Authority To Transfer Certain Amounts To Other Agencies ....... 755

Sec. 4. Limitation On Spending Authority ................................................. 755

Sec. 5. Authority To Issue Licenses In Absence Of Emergency

Preparedness Plans .................................................................................... 755

Sec. 6. N uclear Safety G oals ......................................................................... 755

Sec. 7. Loss-O f-Fluid Test Facility ............................................................... 756

Sec. 8. N uclear D ata Link ............................................................................. 756

Sec. 9. Interim Consolidation Of Offices ..................................................... 757

Sec. 10' T hree M ile Island ............................................................................ 757

Sec. 11. Temporary Operating Licenses ..................................................... 757

Sec. 12. Operating License Amendment Hearings ..................................... 760

Sec. 13. Q uality A ssurance ........................................................................... 761

Sec. 14. Limitation On Use Of Special Nuclear Material .......................... 762

Sec. 15. R esident Inspectors ......................................................................... 763

Sec. 16. Sabotage Of Nuclear Facilities Or Fuel ......................................... 763

See. 17. Department Of Energy Information ...................... : ....................... 763

Sec. 18. Standards And Requirements Under Section 275 ........................ 764

Sec. 19. A greem ent States ............................................................................. 766

Sec. 20. Am endm ent To Section 84 .............................................................. 767

Sec. 21. E dgem ont ......................................................................................... 767

Sec. 22. Additional Amendments To Sections 84 And 275 ........................ 768

Sec. 23. U ranium Supply .............................................................................. 768

Sec. 170B . U ranium Supply ........................................................................... 769

C. NRC AUTHORIZATION ACT FOR FISCAL YEAR 1980 ........................... 771

Title I-Authorization Of Appropriations For Fiscal Year 1980 ................... 771

Title II-Amendments To The Atomic Energy Act Of 1954 ........................... 778

Title III- Other Provisions..................................782

D. NRC AUTHORIZATION ACT FOR FISCAL YEAR 1979 ........................... 786

E m ployee Protection ......................................................................................... 791

E. NRC AUTHORIZATION ACT FOR FISCAL YEAR 1978 ........................... 795

Sec. 1. A uthoriz ation ..................................................................................... 795

Sec. 2. C om m ission Personnel ...................................................................... 796

Sec. 3. U nresolved Safety Issues ................................................................... 796

Sec. 4. Improved Safety Systems Research ................................................. 797

Sec. 5. Reactor Safety Research Study ........................................................ 797

747
Sec. 6. Acrs Fellow ship Program ................................................................. 797

Sec. 7. Organizational Conflicts Of Interest ............................................... 797

Sec. 8. Cooperative Research Funding ........................................................ 797

Sec. 9. Transfer O f Funds ............................................................................ 798

Sec. 10. A ppropriations ................................................................................ 798

F. NRC AUTHORIZATION ACT FOR FISCAL YEAR 1977 ............................ 799

Am endm ents To Prior Year Act ...................................................................... 799

G. NRC AUTHORIZATION ACT FOR FISCAL YEAR 1976 ........................... 800

T itle I .................................................................................................................. 8 0 0

T itle II ................................................................................................................. 80 0

H. NRC FISCAL YEAR 1975 SUPPLEMENTAL AUTHORIZATION ACT... 802

I. AEC FISCAL YEAR 1975 SUPPLEMENTAL AUTHORIZATION ACT .... 803

J. AEC AUTHORIZATION ACT FOR FISCAL YEAR 1975 ............................ 804

T itle II ................................................................................................................. 80 8

K. AEC AUTHORIZATION ACT FOR FISCAL YEAR 1974 ........................... 809

748
A. NRC AUTHORIZATION ACT FOR FISCAL YEAR, 1984-

1985

Public Law 98-553 98 Stat. 2825

42 USC 2017.

42 USC 5875.

October 30, 1984

An Act

To authorize appropriations to the Nuclear Regulatory Commission in

accordance with section 261 of the Atomic Energy Act of 1954, and

section 305 of the Energy Reorganization Act of 1974.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

Title I- Authorization Of Appropriations For Fiscal

Years 1984 And 1985

Sec. 101. There are hereby authorized to be appropriated to the

Nuclear Regulatory Commission in accordance with the provisions of

section 261 of the Atomic Energy Act of 1954 and section 305 of the

Energy Reorganization Act of 1974, for the fiscal years 1984 and 1985 to

remain available until expended, $466,800,000 for fiscal year 1984 and

$460,000,000 for fiscal year 1985.

Sec. 102. (a) The sums authorized to be appropriated in this Act for

fiscal years 1984 and 1985,shall be allocated as follows:

(1) not more than $91,490,000 for fiscal year 1984 and

$87,140,000 for fiscal year 1985, may be used for "Nuclear Reactor

Regulation", of which an amount not be exceed $1,000,000 is

authorized each such fiscal year to be used to accelerate the effort in

gas-cooled thermal reactor pre-application review;

(2) not more than $70,910,000 for fiscal year 1984 and $74,770,000

for fiscal year 1985, may be used for "Inspection and Enforcement";

(3) not more than $36,280,000 for fiscal year 1984 and $35,710,000

for fiscal year 1985, may be used for "Nuclear Material Safety and

Safeguards";

(4) not more than $199,740,000 for fiscal year 1984 and $193,290,000

for fiscal year 1985, may be used for "Nuclear Regulatory Research", of

which an amount not to exceed $2,600,000 is authorized each such fiscal

year to be used to accelerate the effort in gas-cooled thermal reactor safety

research;

(5) not more than $27,520,000 for fiscal year 1984 and $27,470,000

for fiscal year 1985, may be used for "Program Technical Support";

(6) not more than $40,860,000 for fiscal year 1984 and $41,620,000

for fiscal year 1985, may be used for "Program Direction and

Administration."

749
Grants. (b) The Nuclear Regulatory Commission may use not more than 1 per

centum of the amounts authorized to be appropriated under paragraph

102(a)(4) to exercise its authority under section 31 a. of the Atomic Energy

Act of 1954 (42 USC 205 1(a)) to enter into grants and cooperative

agreements with universities pursuant to such paragraph. Grants made by

the Commission shall be made in accordance with the Federal Grant and

Cooperative Agreement Act of 1977 (41 USC 501 et seq.) and other

applicable law.

(c) Any amount appropriated for a fiscal year to the Nuclear

Regulatory Commission pursuant to any paragraph of subsection 102(a)

for purposes of the program referred to in such paragraph, may be

reallocated by the Commission for use in a program referred to in any

other paragraph of such subsection, or for use in any other activity within

a program, except that the amount available from appropriations for such

fiscal year for use in any program or specified activity may not, as a result

of reallocations made under this subsection, be increased or reduced by

more than $500,000 unless-

(1) a period of thirty calendar days (excluding any day in which

either House of Congress is not in session because of an adjournment

of more than three calendar days to a day certain or an adjournment

sine die) passes after the receipt, by the Committee on Energy and

Commerce and the Committee on Interior and Insular Affairs of the

House of Representatives and the Committee on Environment and

Public Works of the Senate, of notice submitted by the Commission

containing a full and complete statement of the reallocation proposed

to be made and the facts and circumstances relied upon in support of

such proposed reallocation; or

(2) each such committee, before the expiration of such period,

transmits to the Commission a written notification that such committee

does not object to such proposed reallocation.

31 USC 3302. See. 103. Moneys received by the Nuclear Regulatory Commission

for the cooperative nuclear research program and the material access

authorization program may be retained and used for salaries and expenses

associated with such programs, notwithstanding the provisions of section

3617 of the Revised Statutes (31 USC 484), and shall remain available

until expended.

See 104. From amounts appropriated to the Nuclear Regulatory

Commission pursuant to this Title, the Commission may transfer to other

agencies of the Federal Government sums for salaries and expenses for

the performance by such agencies of activities for which such

appropriations of the Commission are made. Any sums so transferred may

be merged with the appropriation of the agency to which such sums are

transferred.

See. 105. Notwithstanding any other provisions of this Act, no

authority to make payments under this Act shall be effective except to

750
such extent or in such amounts as are provided in advance in

appropriation Acts.

Report. See 106. (a) No funds authorized to be appropriated under this Act

Prohibition. may be used to carry out any policy or program for the decentralization or

regionalization of any Nuclear Regulatory Commission authorities

regarding commercial nuclear power plant licensing until sixty legislative

days after the date on which the Commission submits to the Congress a

report evaluating the effect of such policy or program on nuclear reactor

safety: Provided, however, That the prohibition contained in this

subsection shall not apply to any personnel assigned to the field, or to

activities in which they were engaged, on or before September 22, 1983.

The report shall include-

(1) a detailed description of the authorities to be transferred, the

reason for such transfer, and an assessment of the effect of such

transfer on nuclear reactor safety;

(2) an analysis of all comments submitted to the Commission

regarding the effect on nuclear reactor safety which would result from

carrying out the policy or program proposed by the Commission; and

(3) an evaluation of the results, including the advantages and

disadvantages, of the pilot program conducted under subsection (b).

(b) Notwithstanding the prohibition contained in subsection (a), the

Commission is authorized to conduct a pilot program for the purpose of

evaluating the concept of delegating authority to regional offices for

issuance of specific types of operating reactor licensing actions and for the

purpose of addressing the issues identified in paragraphs (a)(l)-(3) of this

section.

See. 107. (a) Of the amounts authorized to be appropriated under this

Act for the fiscal years 1984 and 1985, such sums as may be necessary are

authorized to be used by the Nuclear Regulatory Commission for-

(1) the acquisition (by purchase, lease, or otherwise) and

installation of equipment to be used for the small test prototype

nuclear data link program or for any other program for the collection

and transmission to the Commission of data from licensed nuclear

reactors during abnormal conditions at such reactors; and

(2) a full and complete analysis of-

(A) the appropriate role of the Commission during abnormal

conditions at a nuclear reactor licensed by the Commission;

(B) the information which should be available to the

Commission to enable the Commission to fulfill such role and to

carry out other related functions;

(C) various alternative means of assuring that such information

is available to the Commission in a timely manner; and

(D) any changes in existing Commission authority necessary to

enhance the Commission response to abnormal conditions at a

nuclear reactor licensed by the Commission:

751
Provided, however, That no funds shall be available under this Act for the

acquisition and installation of any equipment for the collection and

transmission to the Commission of data from licensed nuclear reactors

during abnormal conditions at such reactors, or for the analysis of such

equipment, unless such acquisition and analysis includes, as one of the

alternatives considered, a fully automated electronic nuclear data link. The

small test prototype referred to in paragraph (1) may be used by the

Commission in carrying out the study and analysis under paragraph (2).

Such analysis shall include a cost-benefit analysis of each alternative

examined under subparagraph (C).

See. 108. Of the amounts authorized to be appropriated under this

Act, the Nuclear Regulatory Commission may use such sums as may be

necessary, in the absence of a State or local emergency preparedness plan

which has been approved by the Federal Emergency Management

Agency, to issue an operating license (including a temporary operating

license under section 192 of the Atomic Energy Act of 1954, as amended)

for a nuclear power reactor, if it determines that there exists a State, local,

or utility plan which provides reasonable assurance that public health and

safety is not endangered by operation of the facility concerned.

Sec 109. Notwithstanding the second sentence of section 103d. and

the second sentence of section 104d. of the Atomic Energy Act of 1954,

as amended, the Nuclear Regulatory Commission is hereby authorized to

transfer Facility Operating License numbered R-8 1 to a United States

entity or corporation owned or controlled by a foreign corporation if the

Commission-

(1) finds that such transfer would not be inimical to the common

defense and security or to the health and safety of the public; and

(2) includes in such license, as transferred, such conditions as the

Commission deems necessary to ensure that such foreign corporation

cannot direct the actions of the licensee in ways that would be inimical to

the common defense and security or the health and safety of the public.

42 USC 2133.

42 USC 2134.

752
B. NRC AUTHORIZATION ACT FOR FISCAL YEAR, 1982-

1983

Public Law 97-415 96 Stat. 2067

Nuclear

Regulatory

Commission.

Appropriations.

Jan. 4, 1983

An Act

To authorize appropriations to the Nuclear Regulatory Commission in

accordance with section 261 of the Atomic Energy Act of 1954, as

amended, and section 305 of the Energy Reorganization Act of 1974, as

amended, and for other purposes.

Be it enacted by the Senate and House ofRepresentatives of the United

States ofAmerica in Congress assembled,

Sec. 1. Authorization Of Appropriations

(a) There are hereby authorized to be appropriated to the Nuclear

Regulatory Commission in accordance with the provisions of section 261

of the Atomic Energy Act of 1954 (42 USC 2017) and section 305 of the

Energy Reorganization Act of 1974 (42 USC 5875), for the fiscal years

1982 and 1983 to remain available until expended, $485,200,000 for fiscal

year 1982 and $513,100,000 for fiscal year 1983 to be allocated as

follows:

(1) Not more than $80,700,000 for fiscal year 1982 and

$77,000,000 for fiscal year 1983 may be used for "Nuclear Reactor

Regulation", of which an amount not to exceed $1,000,000 is

authorized each such fiscal year to be used to accelerate the effort in

gas-cooled thermal reactor preapplication review, and an amount not

to exceed $6,000,000 is authorized each such fiscal year to be used for

licensing review work for a fast breeder reactor plant project. In the

event of a termination of such breeder reactor project, any unused

amount appropriated pursuant to this paragraph for licensing review

work for such project may be used only for safety technology

activities.

(2) Not more than $62,900,000 for fiscal year 1982 and

$69,850,000 for fiscal year 1983 may be used for "Inspection and

Enforcement.

(3) Not more than $42,000,000 for fiscal year 1982 and

$47,059,600 for fiscal year 1983 may be used for "Nuclear Material

Safety and Safeguards.

(4) Not more than $240,300,000 for fiscal year 1982 and

$257,195,600 for fiscal year 1983 may be used for "Nuclear

Regulatory Research", of which753
Grants and

cooperative

agreements.

Reallocated

funds.

Notification of

congressional

committees.

(A) an amount not to exceed $3,500,000 for fiscal year 1982

and $4,500,000 for fiscal year 1983 is authorized to be used to

accelerate the effort in gas-cooled thermal reactor safety research;

(B) an amount not to exceed $18,000,000 is authorized each

such fiscal year to be used for fast breeder reactor safety research;

and

(C) an amount not to exceed $57,000,000 is authorized for such

two fiscal year period to be used for the Loss-of-Fluid Test Facility

research program.

In the event of a termination of the fast breeder reactor plant project,

any unused amount appropriated pursuant to this paragraph for fast

breeder reactor safety research may be used generally for "Nuclear

Regulatory Research".

(5) Not more than $21,900,000 for fiscal year 1982 and

$20,197,800 for fiscal year 1983 may be used for "Program Technical

Support".

(6) Not more than $37,400,000 for fiscal year 1982 and

$41,797,000 for fiscal year 1983 may be used for "Program Direction

and Administration."

(b) The Nuclear Regulatory Commission may use not more than 1

percent of the amounts authorized to be appropriated under subsection

(a)(4) to exercise its authority under section 31 a. of the Atomic Energy

Act of 1954 (42 USC 205 1(a)) to enter into grants and cooperative

agreements with universities pursuant to such section. Grants made by the

Commission shall be made in accordance with the Federal Grant and

Cooperative Agreement Act of 1977 (41 USC 501 et seq.) and other

applicable law. In making such grants and entering into such cooperative

agreements, the Commission shall endeavor to provide appropriate

opportunities for universities in which the student body has historically

been predominantly comprised of minority groups.

(c) Any amount appropriated for a fiscal year to the Nuclear

Regulatory Commission pursuant to any paragraph of subsection (a) for

purposes of the program office referred to in such paragraph, or any

activity that is within such program office and is specified in such

paragraph, may be reallocated by the Commission for use in a program

office, except that the amount available from appropriations for such

fiscal year for use in any program office or specified activity may not, as a

result of reallocations made under this subsection, be increased or reduced

by more than $500,000 unless-

(1) a period of 30 calendar days (excluding any day in which either

House of Congress is not in session because of an adjournment of

more than 3 calendar days to a day certain or an adjournment sine die)

passes after the receipt, by the Committee on Energy and Commerce

and the Committee on Interior and Insular Affairs of the House of

Representatives and the Committee on Environment and Public Works

of the Senate, of notice submitted by the Commission containing a full

754
31 USC 3302.

and complete statement of the. reallocation proposed to be made and

the facts and circumstances relied upon in support of such proposed

reallocation; or

(2) each such committee, before the expiration of such period,

transmits to the Commission a written notification that such committee

does not object to such proposed reallocation.

Sec. 2. Authority To Retain Certain Amounts Received

Moneys received by the Nuclear Regulatory Commission for the

cooperative nuclear research program and the material access

authorization program may be retained and used for salaries and expenses

associated with such programs, notwithstanding the provisions of section

3617 of the Revised Statutes (31 USC 484), and shall remain available

until expended.

Sec. 3. Authority To Transfer Certain Amounts To Other

Agencies

From amounts appropriated to the Nuclear Regulatory Commission

pursuant to section 1 (a), the Commission may transfer to other agencies of

the Federal Government sums for salaries and expenses for the

performance by such agencies of activities for which such appropriations

of the Commission are made. Any sums so transferred may be merged

with the appropriation of the agency to which such sums are transferred.

Sec. 4. Limitation On Spending Authority

Notwithstanding any other provision of this Act, no authority to make

payments under this Act shall be effective except to such extent or in such

amounts as are provided in advance in appropriation Acts.

Sec. 5. Authority To Issue Licenses In Absence Of

Emergency Preparedness Plans

Of the amounts authorized to be appropriated under section 1, the

Nuclear Regulatory Commission may use such sums as may be necessary,

in the absence of a State or local emergency preparedness plan which has

been approved by the Federal Emergency Management Agency, to issue

an operating license (including a temporary operating license under

section 192 of the Atomic Energy Act of 1954, as amended by section 11

of this Act) for a nuclear power reactor, if it determines that there exists a

State, local, or utility plan which provides reasonable assurance that

public health and safety is not endangered by operation of the facility

concerned.

Sec. 6. Nuclear Safety Goals

Funds authorized to be appropriated under this Act shall be used by

the Nuclear Regulatory Commission to expedite the establishment of

safety goals for nuclear reactor regulation. The development of such

safety goals, and any accompanying methodologies for the application of

such safety goals, should be expedited to the maximum extent practicable

755
Study and

analysis.

Report to

Congress.

Commission

action;

notification of

congressional

committees.

to permit establishment of a safety goal by the Commission not later than

December 31, 1982.

Sec. 7. Loss-Of-Fluid Test Facility

Of the amounts authorized to be used for the Loss-of-Fluid Test

Facility in accordance with section I(a)(4) for fiscal years 1982 and 1983,

the Commission shall provide funding through contract with the

organization responsible for the Loss-of-Fluid Test operations for a

detailed technical review and analysis of research results obtained from

the Loss-of-Fluid Test Facility research program. The contract shall

provide funding for not more than twenty man-years in each of fiscal

years 1982 and 1983 to conduct the technical review and analysis.

Sec. 8. Nuclear Data Link

(a) Of the amounts authorized to be appropriated under this Act for the

fiscal years 1982 and 1983, not more than $200,000 is authorized to be

used by the Nuclear Regulatory Commission for-

(1) the acquisition (by purchase, lease, or otherwise) and

installation of equipment to be used for the "small test prototype

nuclear data link" program or for any other program for the collection

and transmission to the Commission of data from licensed nuclear

reactors during abnormal conditions at such reactors; and

(2) the conduct of a full and complete study and analysis of-

(A) the appropriate role of the Commission during abnormal

conditions at a nuclear reactor licensed by the Commission;

(B) the information which should be available to the

Commission to enable the Commission to fulfill such roleand to

carry out other related functions;

(C) various alternative means of assuring that such information

is available to the Commission in a timely manner; and

(D) any changes in existing Commission authority necessary to

enhance the Commission response to abnormal conditions at a

nuclear reactor licensed by the Commission.

The small test prototype referred to in paragraph (1) may be used by

the Commission in carrying out the study and analysis under paragraph

(2). Such analysis shall include a cost-benefit analysis of each alternative

examined under subparagraph (C).

(b)(1) Upon completion of the study and analysis required under

subsection (a)(2), the Commission shall submit to Congress a detailed

report setting forth the results of such study and analysis.

(2) The Commission may not take any action with respect to any

alternative described in subsection (a)(2)(C), unless a period of 60

calendar days (excluding any day in which either House of Congress is

not in session because of an adjournment of more than 3 calendar days

to a day certain or an adjournment sine die) passes after the receipt, by

the Committee on Energy and Commerce and the Committee on

Interior and Insular Affairs of the House of Representatives and the

756
Committee on Environment and Public Works of the Senate, of notice

submitted by the Commission containing a full and complete

statement of the action proposed to be taken and the facts and

circumstances relied upon in support of such proposed action.

Sec. 9. Interim Consolidation Of Offices

(a) Of the amounts authorized to be appropriated pursuant to

paragraph 6 of section 1 (a), such sums as may be necessary shall be

available for interim consolidation of Nuclear Regulatory Commission

headquarters staff offices.

(b) No amount authorized to be appropriated under this Act may be

used, in connection with the interim consolidation of Nuclear Regulatory

Commission offices, to relocate the offices of members of the

Commission outside the District of Columbia.

Sec. 10. Three Mile Island

(a) No part of the funds authorized to be appropriated under this Act

may be used to provide assistance to the General Public Utilities

Corporation for purposes of the decontamination, cleanup, repair, or

rehabilitation of facilities at Three Mile Island Unit 2.

42 USC 2011 (b) The prohibition contained in subsection (a) shall not relate to the

note. responsibilities of the Nuclear Regulatory Commission for monitoring or

inspection of the decontamination, cleanup, repair, or rehabilitation

activities at Three Mile Island and such prohibition shall not apply to -the

use of funds by the Nuclear Regulatory Commission to carry out

regulatory functions of the Commission under the Atomic Energy Act of

1954 with respect to the facilities at Three Mile Island.

42 USC 5877 (c) The Nuclear Regulatory Commission shall include in its annual

note. report to the Congress under section 307(c) of the Energy Reorganization

Act of 1974 (42 USC 5877(c)) as a separate chapter a description of the

collaborative efforts undertaken, or proposed to be undertaken, by the

Commission and the Department of Energy with respect to the

decontamination, cleanup, repair, or rehabilitation of facilities at Three

Mile Island Unit 2.

(d) No funds authorized to be appropriated under this Act may be used

by the Commission to approve any willful release of "accident-generated

water", as defined by the Commission in NUREG-0683 ("Final

Programmatic Environmental Impact Statement" pg. 1-23), from Three

Mile Island Unit 2 into the Susquehanna River or its watershed.

See. 11. Temporary Operating Licenses

Section 192 of the Atomic Energy Act of 1954 (42 USC 2242) is

amended to read as follows:

757
42 USC 2133.

42 USC 2134.

Initial petition.

Affidavits.

Publication in

Federal

Register.

Sec. 192. TEMPORARY OPERATING LICENSE.-

a. In any proceeding upon an application for an operating license for a

utilization facility required to be licensed under section 103 or 104 b. of

this Act, in which a hearing is otherwise required pursuant to section

189a., the applicant may petition the Commission for a temporary

operating license for such facility authorizing fuel loading, testing, and

operation at a specific power level to be determined by the Commission,

pending final action by the Commission on the application. The initial

petition for a temporary operating license for each such facility, and any

temporary operating license issued for such facility based upon the initial

petition, shall be limited to power levels not to exceed 5 percent of rated

full thermal power. Following issuance by the Commission of the

temporary operating license for each such facility, the licensee may file

petitions with the Commission to amend the license to allow facility

operation in staged increases at specific power levels, to be determined by

the Commission, exceeding 5 percent of rated full thermal power. The

initial petition for a temporary operating license for each such facility may

be filed at any time after the filing of: (1) the report of the Advisory

Committee on Reactor Safeguards required by section 192b.; (2) the filing

of the initial Safety Evaluation Report by the Nuclear Regulatory

Commission staff and the Nuclear Regulatory Commission staffs first

supplement to the report prepared in response to the report of the

Advisory Committee on Reactor Safeguards for the facility; (3) the

Nuclear Regulatory Commission staffs final detailed statement on the

environmental impact of the facility prepared pursuant to section

102(2)(C) of the National Environmental Policy Act of 1969 (42 USC

4332(2)(C)); and (4) a State, local, or utility emergency preparedness plan

for the facility. Petitions for the issuance of a license, or for an

amendment to such a license allowing operation at a specific power level

greater than that authorized in the initial temporary operating license, shall

be accompanied by an affidavit or affidavits setting forth the specific facts

upon which the petitioner relies to justify issuance of the temporary

operating license or the amendment thereto. The Commission shall

publish notice of each such petition in the Federal Register and in such

trade or news publications as the Commission deems appropriate to give

reasonable notice to persons who might have a potential interest in the

grant of such temporary operating license or amendment thereto. Any

person may file affidavits or statements in support of, or in opposition to,

the petition within thirty days after the publication of such notice in the

Federal Register.

b. With respect to any petition filed pursuant to subsection a. of this

section, the Commission may issue a temporary operating license, or

amend the license to authorize temporary operation at each specific power

level greater than that authorized in the initial temporary operating

license, as determined by the Commission, upon finding that758
Final order,

transmittal to

congressional

committees.

Judicial review.

28 USC 2341

et seq.

Hearing.

Infra

(1) in all respects other than the conduct or completion of any

required hearing, the requirements of law are met;

(2) in accordance with such requirements, there is reasonable

assurance that operation of the facility during the period of the

temporary operating license in accordance with its terms and

conditions will provide adequate protection to the public health and

safety and the environment during the period of temporary operation;

and

(3) denial of such temporary operating license will result in delay

between the date on which construction of the facility is sufficiently

completed, in the judgment of the Commission, to permit issuance of

the temporary operating license, and the date when such facility would

otherwise receive a final operating license pursuant to this Act.

The temporary operating license shall become effective upon issuance and

shall contain such terms and conditions as the Commission may deem

necessary, including the duration of the license and any provision for the

extension thereof. Any final order authorizing the issuance or amendment

of any temporary operating license pursuant to this section shall recite

with specificity the facts and reasons justifying the findings under this

subsection, and shall be transmitted upon such issuance to the Committees

on Interior and Insular Affairs and Energy and commerce of the House of

Representatives and the Committee on Environment and Public Works of

the Senate. The final order of the Commission with respect to the issuance

or amendment of a temporary operating license shall be subject to judicial

review pursuant to Chapter 158 of Title 28, United States Code. The

requirements of section 189a. of this Act with respect to the issuance or

amendment of facility licenses shall not apply to the issuance or

amendment of a temporary operating license under this section.

c. Any hearing on the application for the final operating license for a

facility required pursuant to section' 189a. shall be concluded as promptly

as practicable. The Commission shall suspend the temporary operating

license if it finds that the applicant is not prosecuting the application for

the final operating license with due diligence. Issuance of a temporary

operating license under subsection b. of this section shall be without

prejudice to the right of any party to raise any issue in a hearing required

pursuant to section 189a.; and failure to assert any ground for denial or

limitation of a temporary operating license shall not bar the assertion of

such ground in connection with the issuance of a subsequent final

operating license. Any party to a hearing required pursuant to section

189a. on the final operating license for a facility for which a temporary

operating license has been issued under subsection b., and any member of

the Atomic Safety and Licensing Board conducting such hearing, shall

promptly notify the Commission of any information indicating that the

terms and conditions of the temporary operating license are not being met,

or that such terms and conditions are not sufficient to comply with the

provisions of paragraph (2) of subsection b.

759
Expiration date.

Notice of

publication.

Regulations

establishing

standards,

criteria, and

procedures.

d. The Commission is authorized and directed to adopt such

administrative remedies as the Commission deems appropriate to

minimize the need for issuance of temporary operating licenses pursuant

to this section.

e. The authority to issue new temporary operating licenses under this

section shall expire on December 31, 1983.

Sec. 12. Operating License Amendment Hearings

(a) Section 189a. of the Atomic Energy Act of 1954 (42 USC 2239(a))

is amended-

(1) by inserting "(1)" after the subsection designation; and

(2) by adding at the end thereof the following new paragraph:

(2)(A) The Commission may issue and make immediately effective

any amendment to an operating license, upon a determination by the

Commission that such amendment involves no significant hazards

consideration, notwithstanding the pendency before the Commission

of a request for a hearing from any person. Such amendment may be

issued and made immediately effective in advance of the holding and

completion of any required hearing. In determining under this section

whether such amendment involves no significant hazards

consideration, the Commission shall consult with the State in which

the facility involved is located. In all other respects such amendment

shall meet the requirements of this Act.

(B) The Commission shall periodically (but not less frequently

than once every thirty days) publish notice of any amendments

issued, or proposed to be issued, as provided in subparagraph (A).

Each such notice shall include all amendments issued, or proposed

to be issued, since the date of publication of the last such periodic

notice. Such notice shall, with respect to each amendment or

proposed amendment (i) identify the facility involved; and (ii)

provide a brief description of such amendment. Nothing in this

subsection shall be construed to delay the effective date of any

amendment.

(C) The Commission shall, during the ninety-day period

following the effective date of this paragraph, promulgate

regulations establishing (i) standards for determining whether any

amendment to an operating license involves no significant hazards

consideration; (ii) criteria for providing or, in emergency

situations, dispensing with prior notice and reasonable opportunity

for public comment on any such determination, which criteria shall

take into account the exigency of the need for the amendment

involved; and (iii) procedures for consultation on any such

determination with the State in which the facility involved is

located.

760
42 USC 2239

note.

42 USC 5841

note.

Resident

inspector

program.

Commercial

nuclear power

plant

construction,

study.

(b) The authority of the Nuclear Regulatory Commission, under the

provisions of the amendment made by subsection (a), to issue and to make

immediately effective any amendment to an operating license shall take

effect upon the promulgation by the Commission of the regulations

required in such provisions.

Sec. 13. Quality Assurance

(a) The Nuclear Regulatory Commission is authorized and directed to

implement and accelerate the resident inspector program so as to assure

the assignment of at least one resident inspector by the end of fiscal year

1982 at each site at which a commercial nuclear power plant is under

construction and construction is more than 15 percent complete. At each

such site at which construction is not more than 15 percent complete, the

Commission shall provide that such inspection personnel as the

Commission deems appropriate shall be physically present at the site at

such times following issuance of the construction permit as may be

necessary in the judgment of the Commission.

(b) The Commission shall conduct a study of existing and alternative

programs for improving quality assurance and quality control in the

construction of commercial nuclear powerplants. In conducting the study,

the Commission shall obtain the comments of the public, licensees of

nuclear powerplants, the Advisory Committee on Reactor Safeguards, and

organizations comprised of professionals having expertise in appropriate

fields. The study shall include an analysis of the following:

(1) providing a basis for quality assurance and quality control,

inspection, and enforcement actions through the adoption of an

approach which is more prescriptive than that currently in practice for

defining principal architectural and engineering criteria for the

construction of commercial nuclear powerplants;

(2) conditioning the issuance of construction permits for

commercial nuclear powerplants on a demonstration by the licensee

that the licensee is capable of independently managing the effective

performance of all quality assurance and quality control

responsibilities for the power plant;

(3) evaluations, inspections, or audits of commercial nuclear power

plant construction by organizations comprised of professionals having

expertise in appropriate fields which evaluations, inspections, or audits

are more effective than those under current practice;

(4) improvement of the Commission's organization, methods, and

programs for quality assurance development, review, and inspection;

and

(5) conditioning the issuance of construction permits for

commercial nuclear power plants on the permittee entering into

contracts or other arrangements with an independent inspector to audit

the quality assurance program to verify quality assurance performance.

761
Independent For purposes of paragraph (5), the term "independent inspector" means a

inspector, person or other entity having no responsibility for the design or

construction of the plant involved. The study shall also include an analysis

of quality assurance and quality control programs at representative sites at

which such programs are operating satisfactorily and an assessment of the

reasons therefor.

(c) For purposes of42 USC 2011 (1) determining the best means of assuring that commercial nuclear

note. powerplants are constructed in accordance with the applicable safety

requirements in effect pursuant to the Atomic Energy Act of 1954; and

(2) assessing the feasibility and benefits of the various means listed

in subsection (b);

Pilot program. the Commission shall undertake a pilot program to review and evaluate

programs that include one or more of the alternative concepts identified in

subsection (b) for the purposes of assessing the feasibility and benefits of

their implementation. The pilot program shall include programs that use

independent inspectors for auditing quality assurance responsibilities of

the licensee for the construction of commercial nuclear powerplants, as

described in paragraph (5) of subsection (b). The pilot program shall

include at least three sites at which commercial nuclear powerplants are

under construction. The Commission shall select at least one site at which

quality assurance and quality control programs have operated

satisfactorily, and at least two sites with remedial programs underway at

which major construction, quality assurance, or quality control

deficiencies (or any combination thereof) have been identified in the past.

The Commission may require any changes in existing quality assurance

and quality control organizations and relationships that may be necessary

at the selected sites to implement the pilot program.

Study results, (d) Not later than fifteen months after the date of the enactment of this

submittal to Act, the Commission shall complete the study required under subsection

Congress. (b) and submit to the United States Senate and House of representatives a

report setting forth the results of the study. The report shall include a brief

summary of the information received from the public and from other

persons referred to in subsection (b) and a statement of the Commission's

response to the significant comments received. The report shall also set

forth in analysis of the results of the pilot program required under

subsection (c). The report shall be accompanied by the recommendations

of the Commission, including any legislative recommendations, and a

description of any administrative actions that the Commission has

undertaken or intends to undertake, for improving quality assurance and

quality control programs that are applicable during the construction of

nuclear power plants.

Sec. 14. Limitation On Use Of Special Nuclear Material

Section 57 of the Atomic Energy Act of 1954 (42 USC 2077) is

amended by adding at the end thereof the following new subsection:

762
42 USC 2014.

42 USC 2133.

42 USC 2134.

Report to

Congress.

Penalties.

e. Special nuclear material, as defined in section 11, produced in

facilities licensed under section 103 or 104 may not be transferred,

reprocessed, used, or otherwise made available by any instrumentality of

the United States or any other person for nuclear explosive purposes.

Sec. 15. Resident Inspectors

Of the amounts authorized to be appropriated under section 1, the

Nuclear Regulatory Commission shall use such sums as may be necessary

to conduct a study of the financial hardships incurred by resident

inspectors as a result of (1) regulations of the Commission requiring

resident inspectors to relocate periodically from one duty station to

another; and (2) the requirements of the Commission respecting the

domicile of resident inspectors and respecting travel between their

domicile and duty station in such manner as to avoid the appearance of a

conflict of interest.

Not later than 90 days after the date of the enactment of this Act, the

Commission shall submit to the Congress a report setting forth the

findings of the Commission as a result of such study, together with a

legislative proposal (including any supporting data or information)

relating to any assistance for resident inspectors determined by the

Commission to be appropriate.

Sec. 16. Sabotage Of Nuclear Facilities Or Fuel

Section 236 of the Atomic Energy Act of 1954 (42 USC 2284) is

amended to read as follows:

Sec. 236. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.-

a. Any person who intentionally and willfully destroys or causes

physical damage to, or who intentionally and willfully attempts to destroy

or cause physical damage to-

(1) any production facility or utilization facility licensed under this

Act;

(2) any nuclear waste storage facility licensed under this Act; or

(3) any nuclear fuel for such a utilization facility, or any spent

nuclear fuel from such a facility;

shall be fined not more than $10,000 or imprisoned for not more than

ten years, or both.

b. Any person who intentionally and willfully causes or attempts to

cause an interruption of normal operation of any such facility through the

unauthorized use of or tampering with the machinery, components, or

controls of any such facility, shall be fined not more than $10,000 or

imprisoned for not more than ten years, or both.

Sec. 17. Department Of Energy Information

(a) Section 148a.(1) of the Atomic Energy Act of 1954 (42 USC

2168(a)(1)) is amended by inserting after "' Secretary')" the following: ",

with respect to atomic energy defense programs,"

(b) Section 148 of the Atomic Energy Act of 1954 (42 USC 2168) is

amended by adding at the end thereof the following new subsections:

763
Judicial review. d. Any determination by the Secretary concerning the applicability of

this section shall be subject to judicial review pursuant to section

552(a)(4)(B) of Title 5, United States Code.

Quarterly e. The Secretary shall prepare on a quarterly basis a report to be made

report. available upon the request of any interested person, detailing the

Secretary's application during that period of each regulation or order

prescribed or issued under this section. In particular, such report shall-

(1) identify any information protected from disclosure pursuant to

such regulation or order;

(2) specifically state the Secretary's justification for determining

that unauthorized dissemination of the information protected from

disclosure under such regulation or order could reasonably be

expected to have a significant adverse effect on the health and safety

of the public or the common defense and security by significantly

increasing the likelihood of illegal production of nuclear weapons, or

theft, diversion, or sabotage of nuclear materials, equipment, or

facilities, as specified under subsection a.; and

(3) provide justification that the Secretary has applied such

regulation or order so as to protect from disclosure only the minimum

amount of information necessary to protect the health and safety of the

public or the common defense and security.

Sec. 18. Standards And Requirements Under Section 275

42 USC 2022. (a) Section 275 of the Atomic Energy Act of 1954 is amended-

(1) by striking in subsection a. "one year after the date of enactment of

42 USC 7911 this section" and substituting "October 1, 1982" and by adding the

following at the end thereof:

After October 1, 1982, if the

Administrator has not promulgated standards in final form under this

subsection, any action of the Secretary of Energy under Title I of the

Uranium Mill tailings Radiation Control Act of 1978 which is required

to comply with, or be taken in accordance with, the standards

proposed by the Administrator under this subsection until such time as

the Administrator promulgates such standards in final form.;

(2) by striking in subsection b. (1) "eighteen months after the

enactment of this section, the Administrator shall, by rule,

promulgate" and inserting in lieu thereof the following: October 31,

1982, the Administrator shall, by rule, propose, and within 11 months

thereafter promulgate in final form,;

Promulgation (3) by adding the following at the end of subsection b.(1): "If the

authority. Administrator fails to promulgate standards in final form under this

subsection by October 1, 1983, the authority of the Administrator to

promulgate such standards shall terminate, and the Commission may take

actions under this Act without regard to any provision of this Act

requiring such actions to comply with, or be taken in accordance with,

standards promulgated by the Administrator. In any such case, the

764
42 USC 2014.

Uranium mill

licensing

requirement

regulations.

Implementation

and

enforcement.

Review, public

comment, and

suspension.

Commission shall promulgate, and from time to time revise, any such

standards of general application which the Commission deems necessary

to carry out its responsibilities in the conduct of its licensing activities

under this Act. Requirements established by the Commission under this

Act with respect to byproduct material as defined in section 1 le.(2) shall

conform to such standards. Any requirements adopted by the Commission

respecting such byproduct material before promulgation by the

Commission of such standards shall b amended as the Commission deems

necessary to conform to such standards in the same manner as provided in

subsection f.(3). Nothing in this subsection shall be construed to prohibit

or suspend the implementation or enforcement by the Commission of any

requirement of the Commission respecting byproduct material as defined

in section 1 le.(2) pending promulgation by the Commission of any such

standard of general application.;

(4) by adding the following new subsection at the end thereof:

f. (1) Prior to January 1, 1983, the Commission shall not implement or

enforce the provisions of the Uranium Mill Licensing Requirements

published as final rules at 45 Federal Register 65521 to 65538 on October

3, 1980 (hereinafter referred to as the "October 3 regulations"). After

December 31, 1982, the Commission is authorized to implement and

enforce the provisions of such October 3 regulations (and any subsequent

modifications or additions to such regulations which may be adopted by

the Commission), except as otherwise provided in paragraphs (2) and (3)

of this subsection.

(2) Following the proposal by the Administrator of standards under

subsection b., the Commission shall review the October 3 regulations,

and, not later than 90 days after the date of such proposal, suspend

implementation and enforcement of any provision of such regulations

which the Commission determines after notice and opportunity for

public comment to require a major action or major commitment by

licensees which would be unnecessary if-

(A) the standards proposed by the Administrator are

promulgated in final form without modification, and

(B) the Commission's requirements are modified to conform to

such standards.

Such suspension shall terminate on the earlier of April 1, 1984 or the

date on which the Commission amends the October 3 regulations to

conform to final standards promulgated by the Administrator under

subsection b. During the period of such suspension, the Commission

shall continue to regulate byproduct material (as defined in section

1 le.(2)) under this Act on a licensee-by-licensee basis as the

Commission deems necessary to protect public health, safety, and the

environment.

(3) Not later than 6 months after the date on which the

Administrator promulgates final standards pursuant to subsection b. of

this section, the Commission shall, after notice and opportunity for

765
42 USC 2114.

Remedial

action.

42 USC 7918.

42 USC 2014.

42 USC 2021.

42 USC 2021

note.

42 USC 2021

public comment, amend the October 3 regulations, and adopt such

modifications, as the Commission deems necessary to conform to such

final standards of the Administrator.

(4) Nothing in this subsection may be construed as affecting the

authority or responsibility of the Commission under section 84 to

promulgate regulations to protect the public health and safety and the

environment.

(b)(1) Section 108(a) of the Uranium Mill Tailings Radiation Control

Act of 1978 is amended by adding the following new paragraph at the end

thereof:

(3) Notwithstanding paragraphs (1) and (2) of this subsection, after

October 31, 1982, if the Administrator has not promulgated standards

under section 275 a. of the Atomic Energy Act of 1954 in final form

by such date, remedial action taken by the Secretary under this Title

shall comply with the standards proposed by the Administrator under

such section 275 a. until such time as the Administrator promulgates

*the standards in final form.

(2) The second sentence of section 108(a)(2) of the Uranium Mill

tailings Radiation Control Act of 1978 is repealed.

Sec. 19. Agreement States

(a) Section 274o. of the Atomic Energy Act of 1954 is amended by

adding the following at the end thereof: "In adopting requirements

pursuant to paragraph (2) of this subsection with respect to sites at which

ores are processed primarily for their source material content or which are

used for the disposal of byproduct material as defined in section 1 e.(2),

the State may adopt alternatives (including, where appropriate, sitespecific alternatives) to the requirements adopted and enforced by the

Commission for the same purpose if, after notice and opportunity for

public hearing, the Commission determines that such alternatives will

achieve a level of stabilization and containment of the sites concerned,

and a level of protection for public health, safety, and the environment

from radiological and nonradiological hazards associated with such sites,

which is equivalent to, to the extent practicable, or more stringent than the

level which would be achieved by standards and requirements adopted

and enforced by the Commission for the same purpose and any final

standards promulgated by the Administrator of the Environmental

Protection Agency in accordance with section 275. Such alternative State

requirements may take into account local or regional conditions, including

geology, topography, hydrology and meteorology.

(b) Section 204(h)(3) of the Uranium Mill Tailings Radiation Control

Act of 1978 is amended by inserting the following before the period at the

end thereof: Provided, however, That, in the case of a State which has

exercised any authority under State law pursuant to an agreement entered

into under section 274 of the Atomic Energy Act of 1954, the State

authority over such byproduct material may be terminated, and the

766
Commission authority over such material may be exercised, only after

compliance by the Commission with the same procedures as are

applicable in the case of termination of agreements under section 274j. of

the Atomic Energy Act of 1954.

See. 20. Amendment To Section 84

42 USC 2014. Section 84 of the Atomic Energy Act of 1954 is amended by adding

the following at the end thereof:

42 USC 2114. c. In the case of sites at which ores are processed primarily for their

Alternative source material content or which are used for the disposal of byproduct

proposals by material as defined in section 1 le.(2), a licensee may propose alternatives

to specific requirements adopted and enforced by the Commission under

this Act. Such alternative proposals may take into account local or

regional conditions, including geology, topography, hydrology and

42 USC 2022. meteorology.

The Commission may treat such alternatives as satisfying Commission

requirements if the Commission determines that such alternatives will

achieve a level of stabilization and containment of the sites concerned,

and a level of protection for public health, safety, and the environment

from radiological and nonradiological hazards associated with such sites,

which is equivalent to, to the extent practicable, or more stringent than the

level which would be achieved by standards and requirements adopted

and enforced by the Commission for the same purpose and any final

standards promulgated by the Administrator of the Environmental

Protection Agency in accordance with section 275.

Sec. 21. Edgemont

42 Usc 7912. Section 102(e) of the Uranium Mill Tailings Radiation Control Act of

1978 is amended by adding the following at the end thereof:

42 USC 7911. (3) the Secretary shall designate as a processing site within the

meaning of section 101 (6) any real property, or improvements thereon,

in Edgemont, South Dakota, that-

(A) is in the vicinity of the Tennessee Valley Authority

uranium mill site at Edgemont (but not including such site), and

(B) is determined by the Secretary to be contaminated with

residual radioactive materials.

42 USC 7917. In making the designation under this paragraph, the Secretary shall

consult with the Administrator, the Commission and the State of South

Dakota. The provisions of this Title shall apply to the site so designated in

the same manner and to the same extent as to the sites designated under

subsection (a) except that, in applying such provisions to such site, any

reference in this Title to the date of the enactment of this Act shall be

treated as a reference to the date of the enactment of this paragraph and in

determining the State share under section 107 of the costs of remedial

action, there shall be credited to the State, expenditures made by the State

prior to the date of the enactment of this paragraph which the Secretary

767
42 USC 2114.

42 USC 2210b

note.

Comprehensive

industry

review,

submittal to

Congress.

determines would have been made by the State or the United States in

carrying out the requirements of this Title.

Sec. 22. Additional Amendments To Sections 84 And 275

(a) Section 84a.(1) of the Atomic Energy Act of 1954 is amended by

inserting before the comma at the end thereof the following: ", taking into

account the risk to the public health, safety, and the environment, with due

consideration of the economic costs and such other factors as the

Commission determines to be appropriate,".

(b) Section 275 of the Atomic Energy Act of 1954 is amended-

(1) in subsection a., by inserting after the second sentence thereof

the following new sentence: "In establishing such standards, the

Administrator shall consider the risk to the public health, safety, and

the environment, the environmental and economic costs of applying

such standards, and such other factors as the Administrator determines

to be appropriate."; and

(2) by adding at the end of subsection b. (I) the following new

sentence: "In establishing such standards, the Administrator shall

consider the risk to the public health, safety, and the environment, the

environmental and economic costs of applying such standards, and

such other factors as the Administrator determines to be appropriate."

Sec. 23. Uranium Supply

(a)(1) Not later than 12 months after the date of enactment of this

section, the President shall prepare and submit to the Congress a

comprehensive review of the status of the domestic uranium mining and

milling industry. This review shall be made available to the appropriate

committees of the United States Senate and the House of Representatives.

(2) The Comprehensive review prepared for submission under

paragraph (1) shall include-

(A) projections of uranium requirements and inventories of

domestic utilities;

(B) present and future projected uranium production by the

domestic mining and milling industry;

(C) the present and future probable penetration of the domestic

market by foreign imports;

(D) the size of domestic and foreign ore reserves;

(E) present and projected domestic uranium exploration

expenditures and plans;

(F) present and projected employment and capital investment in

the uranium industry;

(G) an estimate of the level of domestic uranium production

necessary to ensure the viable existence of a domestic uranium

industry and protection of national security interests'

(H) an estimate of the percentage of domestic uranium demand

which must be met by domestic uranium production through the

768
year 2000 in order to ensure the level of domestic production

estimated to be necessary under subparagraph (G);

(I) a projection of domestic uranium production and uranium

price levels which will be in effect both under current policy and in

the event that foreign import restrictions were enacted by Congress

in order to guarantee domestic production at the level estimated to

be necessary under subparagraph (G);

(J) the anticipated effect of spent nuclear fuel reprocessing on

the demand for uranium; and

(K) other information relevant to the consideration of

restrictions on the importation of source material and special

nuclear material from foreign sources.

(b)(1) Chapter 14 of the Atomic Energy Act of 1954 is amended by

adding the following new section at the end thereof:

See. 170B. Uranium Supply

42 USC 221Ob. a. The Secretary of Energy shall monitor and for the years 1983 to

42 USC 2231. 1992 report annually to the Congress and to the President a determination

Report to of the viability of the domestic uranium mining and milling industry and

Congress and shall establish by rule, after public notice and in accordance with the

President. requirements of sectionl 81 of this Act, within 9 months of enactment of

this section, specific criteria which shall be assessed in the annual reports

on the domestic uranium industry's viability. The Secretary of Energy is authorized to issue regulations providing for the collection of such

information as the Secretary of Energy deems necessary to carry out the

monitoring and reporting requirements of this section.

Proprietary b. Upon a satisfactory showing to the Secretary of Energy by any

information, person that any information, or portion thereof obtained under this

disclosure. section, would, if made public, divulge proprietary information of such

person, the Secretary shall not disclose such information and disclosure

thereof shall be punishable under section 1905 of Title 18, United States

Code.

Criteria. c. The criteria referred to in subsection a. shall also include, but not be

limited to-

(1) an assessment of whether executed contracts or options for

source material or special nuclear material will result in greater than

37 1 2 percent of actual or projected domestic uranium requirements for

any two-consecutive-year period being supplied by source material or

special nuclear material from foreign sources;

(2) projections of uranium requirements and inventories of

domestic utilities for a 10 year period;

(3) present and probable future use of the domestic market by

foreign imports;

(4) whether domestic economic reserves can supply all future

needs for a future 10 year period;

769
Imported

material,

impact on

domestic

industry and

national

security.

Investigations.

(5) present and projected domestic uranium exploration

expenditures and plans;

(6) present and projected employment and capital investment in the

uranium industry;

(7) the level of domestic uranium production capacity sufficient to

meet projected domestic nuclear power needs for a 10 year period; and

(8) a projection of domestic uranium production and uranium price

levels which will be in effect under various assumptions with respect

to imports.

d. The Secretary or Energy, at any time, may determine on the basis of

the monitoring and annual reports required under this section that source

material or special nuclear material from foreign sources is being

imported in such increased quantities as to be a substantial cause of

serious injury, or threat thereof, to the United States uranium mining and

milling industry. Based on that determination, the United States Trade

Representative shall request that the United States International Trade

Commission initiate an investigation under section 201 of the Trade Act

of 1974 (19 USC 2251).

e. (1) If, during the period 1982 to 1992, the Secretary of Energy

determines that executed contracts or options for source material or

special nuclear material from foreign sources for use in utilization

facilities within or under the jurisdiction of the United States represent

greater than 37-1/2 percent of actual or projected domestic uranium

requirements for any two-consecutive-year period, or if the Secretary of

Energy shall request the Secretary of Commerce to initiate under section

232 of the Trade Expansion Act of 1962 (19 USC 1862) an investigation

to determine the effects on the national security of imports of source

material and special nuclear material. The Secretary of Energy shall

cooperate fully with the Secretary of Commerce in carrying out such an

investigation and shall make available to the Secretary of Commerce he

findings that lead to this request an such other information that will assist

the Secretary of Commerce in the conduct of the investigation.

(2) The Secretary of Commerce shall, in the conduct of any

investigation requested by the Secretary of Energy pursuant to this

section, take into account any information made available by the

Secretary of Energy, including information regarding the impact on

national security of projected or executed contracts or options for

source material or special nuclear material from foreign sources or

whether domestic production capacity is sufficient to supply projected

national security requirements.

(3) No sooner than 3 years following completion of any investigation

by the Secretary of Commerce under paragraph (1), if no recommendation

has been made pursuant to such study for trade adjustments to assist or

protect domestic uranium production, the Secretary of Energy may initiate

a request for another such investigation by the Secretary of Commerce.

770
C. NRC AUTHORIZATION ACT FOR FISCAL YEAR 1980

Public Law 96-295 94 Stat. 780

Nuclear

Regulatory

Commission.

Appropriation

authorization.

June 30, 1980

An Act

To authorize appropriations to the Nuclear Regulatory Commission in

accordance with section 261 of the Atomic Energy Act of 1954, as

amended, and section 305 of the Energy Reorganization Act of 1974,

as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled,

Title I-Authorization Of Appropriations For Fiscal Year 1980

Sec. 101. (a) There is hereby authorized to be appropriated to the

Nuclear Regulatory Commission in accordance with the provisions of

section261 of the Atomic Energy Act of 1954 (42 USC 2017) and section

305 of the Energy Reorganization Act of 1974 (42 USC 5875), for the

fiscal year 1980, the sum of $426,821,000, to remain available until

expended. Of such total amount authorized to be appropriated:

(1) not more than $66,510,000, may be used for "Nuclear Reactor

Regulation", of which an amount not to exceed $1,000,000 is

authorized to accelerate the effort in gas-cooled thermal reactor

preapplication review;

(2) not more than $42,440,000, may be used for "Inspection and

Enforcement"; of the total amount appropriated for this purpose

$4,684,000 shall be available for support for 146 additional inspectors

for the Resident Inspector program;

(3) not more than $15,953,000, may be used for "Standards

Development";

(4) not more than $32,380,000, may be used for "Nuclear Material

Safety and Safeguards"; of the total amount appropriated for this

purpose-

(A) not less than $60,000 shall be available only for the

employment by the Commission of two qualified individuals to be

assigned by the Commission for implementation of the United

States International Atomic Energy Agency Safeguards Treaty,

following ratification of such treaty by the United States Senate;

(B) not less than $180,000 and six additional positions shall be

included in the Division of Safeguards for the regulatory

improvements of material control and accounting safeguards and

the development of improved regulatory requirements for

safeguarding the transportation of spent fuel; and

771
42 USC 5845.

(C) not less than $9,675,000 shall be available for Nuclear

Waste Disposal and Management activities, including support for

five additional positions in the Division of Waste Management for

implementation of the Uranium Mill Tailings Radiation Control

Act of 1978 (Public Law 95-604; 42 USC 7901 and following);

(5) not more than $213,005,000, may be used for "Nuclear

Regulatory Research", of which-

(A) an amount not to exceed $3,700,000 shall be available to

accelerate the effort in gas-cooled thermal reactor safety research;

(B) an amount not to exceed $4,400,000 shall be available for

implementation of the Improved Safety Systems Research plan

required by section 205(f) of the Energy Reorganization Act of

1974.

(C) an amount not to exceed $6,700,000 shall be available for

Nuclear Waste Research activities;

(6) not more than $18,125,000, may be used for "Program

Technical. Support"; of the total amount appropriated for this purpose,

$4,238,000 shall be available to the Office of State Programs,

including support for eight additional positions for training and

assistance to State and local governments in radiological emergency

response planning and operations and for review of State plans; and

(7) not more than $38,408,000 may be used for "Program

Direction and Administration"; of the total amount appropriated for

this purpose, $400,000 shall be available for support of eight

additional positions in the Division of contracts, Office of

Administration.

(b) No amount appropriated to the Nuclear Regulatory Commission

pursuant to subsection (a) may be used for any purpose in excess of the

amount expressly authorized to be appropriated therefore by paragraphs

(1) through (7) of such subsection if such excess amount is greater than

$500,000, nor may the amount available from any appropriation for any

purpose specified in such paragraphs be reduced by more than $500,000,

unless-

(1) a period of 45 calendar days (not including any day in which

either House of Congress is not in session because of an adjournment

of more than 3 calendar days to a day certain or an adjournment sine

die) has passed after the receipt by the Committee on Interstate and

Foreign Commerce and the Committee on Interior and Insular Affairs

of the House of representatives and the Committee on Environment

and Public works of the Senate of notice given by the Commission

containing a full and complete statement of the action proposed to be

taken and the facts and circumstances relied upon in support of such

proposed action, or

(2) each such Committee has, before the expiration of such period,

transmitted to the Commission a written notification that there is no

objection to the proposed action.

772
(c) No amount authorized to appropriated by this Act may be used by

the Nuclear Regulatory Commission to enter into any contract providing

funds in excess of $50,000 encompassing research, study, or technical

assistance on domestic safeguards matters except as directed by the

Commission, by majority vote, following receipt by the Commission of a

recommendation from the Executive Director for Operations supporting

the need for such contract.

(d) No amount authorized to be appropriated by this Act may be used

by the Nuclear Regulatory Commission to-

(1) place any new work or substantial modification to existing

work with another Federal agency, or

(2) contract for research services or modify such contract in an

amount greater than $500,000 unless such placement of work, contract

or modification is approved by a Senior Contract Review Board, to be

appointed by the Commission within sixty days of the date of

enactment of this Act. Such Board shall be accountable to and under

the direction of the Commission. If the amount of such placement,

contract, or modification is $1,000,000 or more, approval thereof shall

be by majority vote of the Commission. Prior to affording any

approval in accordance with the subsection, the reviewing body

designated hereunder shall determine that the placement, contract, or

modification contains a detailed description of work to be performed,

and that alternative methods of obtaining performance including

competitive procurement have been considered.

See. 102. During the fiscal year 1980, moneys received by the

Nuclear Regulatory Commission for the cooperative nuclear research

programs may be retained and used for salaries and expenses associated

with those programs, notwithstanding the provisions of section 3617 of

the Revised Statutes (31 USC 484). Such moneys shall remain available

until expended.

Transfers of Sec. 103. During the fiscal year 1980, transfers of sums from salaries

sums. and expenses of the Nuclear Regulatory Commission may be made to

other agencies of the United States Government for the performance of

the work for which the appropriation is made, and in such cases of the

sums to transferred may be merged with the appropriation to which

transferred.

See. 104. Notwithstanding any other provision of this Act, no

authority to make payments hereunder shall be effective except to such

extent or in such amounts as are provided in advance in appropriation

Acts.

Sec. 105. No amount authorized to be appropriated pursuant to this

Act may be used to grant any license, permit or other authorization, or

permission to any person for the transportation to, or the interim, longterm, or permanent storage of, spent nuclear fuel or high-level

1 radioactive waste on any territory or insular possession of the United

States or the Trust Territory of the Pacific Islands unless773

I
(1) the President submits to the Congress a report on the transfer

at least 30 days before such transfer and on a day during which-

(A) both Houses of the Congress are in session, or

(B) either or both Houses are not in session because of an

adjournment of three days or less to a day certain; or

(2) the President determines that an emergency situation exists

with respect to such transfer and that it is in the national interest to

make such transfer and the President notifies the Speaker of the House

of Representatives and the President of the Senate as soon as possible

of such transfer.

The provisions of this section shall not apply to the cleanup and

rehabilitation of Bikini and Eniwetok Atolls.

42 USC 2133. Sec. 106. Of the amounts authorized to be appropriated pursuant to

42 USC 2134. this Act, the Nuclear Regulatory Commission is authorized and directed to

use such sums as may be necessary to develop a plan for agency response

to accidents at a utilization facility licensed under section 103 or section

104(b) of the Atomic Energy Act of 1954. The plan required to be

developed by this section shall be forwarded to the Congress on or before

September 30, 1980.

Sec. 107. No funds appropriated pursuant to this Act may be used for

the purpose of providing for the licensing or approval of any disposal of

nuclear wastes in the oceans.

Regulations. Sec. 108 (a) Of the amounts authorized to be appropriated pursuant to

this Act, the Nuclear Regulatory Commission is authorized and directed to

use such sums as may be necessary to develop and promulgate regulations

Notice and establishing demographic requirements for the siting of utilization

hearing, facilities. Such regulations shall be promulgated by the Commission after

Utilization notice and opportunity for hearing in accordance with section 553 of Title

facility. 5 of the United States Code. For purposes of this section, the term

42 USC 2133. "utilization facility" means a facility licensed under section 103 or 104(b)

4? 1 1W 9 134 of the Atomic Energy Act of 1954.

(b) The regulations promulgated pursuant to this section shall provide

that no construction permit may be issued for a utilization facility to

which this section applies after the date of such promulgation unless the

facility complies with the requirements set forth in such regulations,

except that regulations promulgated under this section shall not apply to

any facility for which an application for a construction permit was filed on

or before October 1, 1979.

(c) The regulations promulgated pursuant to this section shall specify

demographic criteria for facility siting, including maximum population

density and population distribution for zones surrounding the facility

without regard to any design, engineering, or other differences among

such facilities.

(d) The regulations promulgated pursuant to this section shall take into

account the feasibility of all actions outside the facility which may be

774
Accidental

release.

Information

and

recommendatio

necessary to protect public health and safety in the event of any accidental

release of radioactive material from the facility which may endanger

public health or safety. For purposes of this subsection, the term

"accidental release" includes, but is not limited to, each potential

accidental release of radioactive material which is required by the

Commission to be taken into account for purposes of facility design.

(e) The Commission shall provide information and recommendations

to State and local land use planning authorities having jurisdiction over

the zones established under the regulations promulgated pursuant to this

section and over areas beyond the zones which may be affected by a

radiological emergency. The information and recommendations provided

under this subsection shall be designed to assist such authorities in making

State and local land use decisions which may affect emergency planning

in relation to utilization facilities.

(f) Nothing in this section shall be construed to provide that the

Commission shall have any authority to preempt any State requirement

relating to land use or respecting the siting of any utilization facility,

except that no State or local land use or facility siting requirement relating

to the same aspect of facility siting as a requirement established pursuant

to this section shall have any force and effort unless such State or local

requirement is identical to, or more stringent than, the requirement

promulgated pursuant to this section.

See. 109. (a) Funds authorized to be appropriated pursuant to this Act

may be used by the Nuclear Regulatory Commission to conduct

proceedings, and take other actions, with respect to the issuance of an

operating license for a utilization facility only if the Commission

determines that-

(1) there exists a State or local emergency preparedness plan

which-

(A) provides for responding to accidents at the facility

concerned, and

(B) as it applies to the facility concerned only, complies with

the Commission's guidelines for such plans, or

(2) in the absence of a plan which satisfies the requirements of

paragraph (1), there exists a State, local, or utility plan which provides

reasonable assurance that public health and safety is not endangered

by operation of the facility concerned.

A determination by the Commission under paragraph (1) may be made

only in consultation with the Director of the Federal Emergency

Management Agency. If, in any proceeding for the issuance of an

operating license for a utilization facility to which this subsection applies,

the Commission determines that there exists a reasonable assurance that

public health and safety is endangered by operation of the facility, the

Commission shall identify the risk to public health and safety and provide

the applicant with a detailed statement of the reasons for such

775
Utilization

facility.

42 USC 2133.

42 USC 2134.

Rules.

Review of

plans.

Report to

congressional

committees.

determination. For purposes of this section, the term "utilization facility"

means a facility required to be licensed under section 103 or 104(b) of the

Atomic Energy Act of 1954.

(b) Of the amounts authorized to be appropriated under section 101 (a),

such sums as may be necessary shall be used by the Nuclear Regulatory

Commission to-

(1) establish by rule-

(A) standards for State radiological emergency response plans,

developed in consultation with the Director of the Federal

Emergency Management Agency, and other appropriate agencies,

which provide for the response to a radiological emergency

involving any utilization facility,

(B) a requirement that-

(i) the Commission will issue operating licenses for

utilization facilities only if the Commission determines that-

(I) there exists a State or local radiological emergency

response plan which provides for responding to any

radiological emergency at the facility concerned and which

complies with the Commission's standards for such plans

under subparagraph (A), or

(II) in the absence of a plan which satisfies the

requirements of subclause (I), there exists a State, local, or

utility plan which provides reasonable assurance that public

health and safety is not endangered by operation of the

facility concerned, and

(ii) any determination by the Commission under subclause

(I) may be made only in consultation with the Director of the

Federal Emergency Management Agency and other appropriate

agencies, and

(C) a mechanism to encourage and assist States to comply as

expeditiously as practicable with the standards promulgated under

subparagraph (A) of this paragraph,

(2) review all plans and other preparations respecting such an

emergency which have been made by each State in which there is

located a utilization facility or in which construction of such a facility

has been commenced and by each State which may be affected (as

determined by the Commission) by any such emergency,

(3) assess the adequacy of the plans and other preparations

reviewed under paragraph (2) and the ability of the States involved to

carry out emergency evacuations during an emergency referred to in

paragraph (1) and submit a report of such assessment to the

appropriate committees of the Congress within 6 months of the date of

the enactment of this Act.

(4) identify which, if any, of the States described in paragraph (2)

do not have adequate plans and preparations for such an emergency

and notify the Governor and other appropriate authorities in each such

776
42 USC 2133.

42 USC 2134.

State of the respects in which such plans and preparations, if any, do

not conform to the guidelines promulgated under paragraph (1), and

(5) submit a report to Congress containing (A) the results of its

actions under preceding paragraphs and (B) its recommendations

respecting any additional Federal statutory authority which the

Commission deems necessary to provide that adequate plans and

preparations for such radiological emergencies are in effect for each

State described in paragraph (2).

(c) In carrying out its review and assessment under subsection (b)(2)

and (3) and in submitting its report under subsection (a)(5), the

Commission shall include a review and assessment, with respect to each

utilization facility and each site for which a construction permit has been

issued for such a facility, of the emergency response capability of State

and local authorities and of the owner or operator (or proposed owner or

operator) of such facility. Such review and assessment shall include a

determination by the Commission of the maximum zone in the vicinity of

each such facility for which evacuation of individuals is feasible at

various different times corresponding to the representative warning times

for various different types of accidents.

See. 110. (a) Of the amounts authorized to be appropriated pursuant

to section 101(a), such sums as may be necessary shall be used by the

Nuclear Regulatory Commission to develop, submit to the Congress, and

implement, as soon as practicable after notice and opportunity for public

comment, a comprehensive plan for the systematic safety evaluation of all

currently operating utilization facilities required to be licensed under

section 103 or section 104(b) of the Atomic Energy Act of 1954.

(b) The plan referred to in subsection (a) shall include-

(1) the identification of each current rule and regulation

compliance with which the Commission specifically determines to be

of particular significance to the protection of the public health and

safety;

(2) a determination by the Commission of the extent to which each

operating facility complies with each rule and regulation identified

under paragraph (2) of this subsection, including an indication of

where such compliance was achieved by use of Division 1 regulatory

guides and staff technical positions and where compliance was

achieved by equivalent means;

(3) a list of the generic safety issues set forth in NUREG 0410

(including categories A, B, C, and D) for which technical solutions

have been developed;

(4) a determination by the Commission of which technical

solutions for generic safety issues identified in paragraph (3) of this

subsection should be incorporated into the Commission's rules and

regulations; and

777
(5) a schedule for developing a technical solution to those generic

safety issues listed in NUREG 0410 which have not yet been

technically resolved.

(c) Not later than 90 days from the date of enactment of this Act, the

Commission shall report to the Congress on the status of efforts to carry

out subsection (a).

Title II-Amendments To The Atomic Energy Act Of 1954

42 USC 2133. Sec. 201. (a) Section 103 of the Atomic Energy Act of 1954 is

amended by adding at the end thereof the following new subsection:

42 USC 2134. f. Each license issued for a utilization facility under this section or section

104b. shall require as a condition thereof that in case of any accident

which could result in an unplanned release of quantities of fission

products in excess of allowable limits for normal operation established by

the Commission, the licensee shall immediately so notify the

Commission. Violation of the condition prescribed by this subsection

may, in the Commission's discretion, constitute grounds for license

42 USC 2237. revocation. In accordance with section 187 of this Act, the Commission

shall promptly amend each license for a utilization facility issued under

this section or section 104b. which is in effect on the date of enactment of

this subsection to include the provisions required under this subsection.

Sec. 202 (a) Chapter 18 of the Atomic Energy Act of 1954 is

amended by adding the following new section at the end thereof:

42 USC 2283. Sec. 235. Protection of Nuclear Inspectors.-

a. Whoever kills any person who performs any inspections which-

(1) are related to any activity or facility licensed by the

Commission, and

42 USC 2133. (2) are carried out to satisfy requirements under this Act orunder

42 USC 2134. any other Federal law governing the safety of utilization facilities

required to be licensed under section 103 or 104b., or the safety of

radioactive materials, shall be punished as provided under section

1111 and 1112 of Title 18, United States Code. The preceding

sentence shall be applicable only if such person is killed while

engaged in the performance of such inspection duties or on account of

the performance of such duties.

b. Whoever forcibly assaults, resists, opposes, impedes, intimidates,

or interferes with any person who performs inspections as described under

subsection a. of this section, while such person is engaged in such

inspection duties or on account of the performance of such duties, shall be

punished as provided under section 111 of Title 18, United States Code.

(b) The table of contents for Chapter 18 of the Atomic Energy Act of

1954 is amended by adding the following new item at the end thereof:

Sec. 235. Protection of nuclear inspectors.

778
42 USC 2273.

Basic

component.

42 USC 2133.

42 USC 2134.

42 USC 2284.

Sec. 203. Section 223 of the Atomic Energy Act of 1954 is amended

by striking out "Whoever" and substituting:

a. Whoever

and by adding at the end thereof the following:

b. Any individual director, officer, or employee of a firm constructing, or

supplying the components of any utilization facility required to be

licensed under section 103 or 104 b. of this Act who by act or omission, in

connection with such construction or supply, knowingly and willfully

violates or causes to be violated, any section of this Act, any rule,

regulation, or order issued thereunder, or any license condition, which

violation results, or if undetected could have resulted, in a significant

impairment of a basic component of such a facility shall, upon conviction,

be subject to a fine of not more than $25,000 for each day of violation, or

to imprisonment not to exceed two years, or both. If the conviction is for a

violation committed after a first conviction under this subsection,

punishment shall be a fine of not more than $50,000 per day of violation,

or imprisonment for not more than two years, or both.

For the purposes of this subsection, the term 'basic component' means a

facility structure, system, component or part thereof necessary to assure-

(1) the integrity of the reactor coolant pressure boundary,

(2) the capability to shut-down the facility and maintain it in a safe

shut-down condition, or

(3) the capability to prevent or mitigate the consequences of

accidents which could result in an unplanned offsite release of

quantities of fission products in excess of the limits established by the

Commission.

The provisions of this subsection shall be prominently posted at each site

where a utilization facility required to be licensed under section 103 or

104b. of this Act is under construction and on the premises of each plant

where components for such a facility are fabricated.

Sec. 204. (a) The Atomic Energy Act of 1954 is amended by adding

the following new section after section 234:

Sec. 236. Sabotage of Nuclear Facilities or Fuel.-

Any person who intentionally and willfully destroys or causes physical

damage to, or who intentionally and willfully attempts to destroy or cause

physical damage to-

(1) any production facility or utilization facility licensed under this

Act,

(2) any nuclear waste storage facility licensed under this Act,

(3) any nuclear fuel for such a utilization facility, or any spent

nuclear fuel from such a facility,

shall be fined not more than $10,000 or imprisoned for not more than

ten years, or both.

(b) The table of contents for such Act is amended by inserting the

following new item after the item relating to section 234:

Sec. 236. Sabotage of nuclear facilities or fuel.

779
42USC 2021. Sec. 205. Section 274j. of the Atomic Energy Act of 1954 is amended

by inserting "(1)" after "j." and by adding the following at the end thereof:

(2) The Commission, upon its own motion or upon request of the

Governor of any State, may, after notifying the Governor, temporarily

suspend all or part of its agreement with the State without notice or

hearing if, in the judgment of the Commission:

(A) an emergency situation exists with respect to any material

covered by such an agreement creating danger which requires

immediate action to protect the health or safety of persons either

within or outside the State, and

(B) the State has failed to take steps necessary to contain or

eliminate the cause of the danger within a reasonable time after the

situation arose.

A temporary suspension under this paragraph shall remain in effect

only for such time as the emergency situation exists and shall authorize

the Commission to exercise its authority only to the extent necessary to

contain or eliminate the danger.

42 USC 2282. Sec. 206. The first sentence of section 234a. of the Atomic Energy

Act of 1954 is amended by striking all that follows "exceed" the first time

it appears and inserting in lieu thereof the following: $100,000 for each

such violation.

See. 207 (a)(1) The Atomic Energy Act of 1954 is amended by

inserting the following new section immediately after section 146:

42 USC 2167. Sec. 147. Safeguards Information.-

Regulations. a. In addition to any other authority or requirement regarding

protection from disclosure of information, and subject to subsection (b)(3)

of section 552 of Title 5 of the United States Code, the Commission shall

prescribe such regulations, after notice and opportunity for public

comment, or issue such orders, as necessary to prohibit the unauthorized

disclosure of safeguards information which specifically identifies a

licensee's or applicant's detailed-

(1) control and accounting procedures or security measures

(including security plans, procedures, and equipment) for the physical

protection of special nuclear material, by whomever possessed,

whether in transit or at fixed sites, in quantities determined by the

Commission to be significant to the public health and safety or the

common defense and security;

(2) security measures. (including security plans, procedures, and

equipment) for the physical protection of source material or byproduct

material, by whomever possessed, whether in transit or at fixed sites,

in quantities determined by the Commission to be significant to the

public health and safety or the common defense and security; or

(3) security measures (including security plans, procedures, and

equipment) for the physical protection of and the location of certain

plant equipment vital to the safety of production or utilization facilities

involving nuclear materials covered by paragraphs (1) and (2)

780
if the unauthorized disclosure of such information could reasonably be

expected to have a significant adverse effect on the health and safety of

the public or the common defense and security by significantly increasing

-the likelihood of theft, diversion, or sabotage of such material or such

facility. The Commission shall exercise the authority of this subsection-

(A) so as to apply the minimum restrictions needed to protect

the health and safety of the public or the common defense and

security, and

(B) upon a determination that the unauthorized disclosure of

such information could reasonably be expected to have a

significant adverse effect on the health and safety of the public or

the common defense and security by significantly increasing the

likelihood of theft, diversion, or sabotage of such material or such

facility.

Nothing in this Act shall authorize the Commission to prohibit the public

disclosure of information pertaining to the routes and quantities of

shipments of source material, by-product material, high level nuclear

42 USC 2282. waste, or irradiated nuclear reactor fuel. Any person, whether or not a

licensee of the Commission, who violates any regulation adopted under

this section shall be subject to the civil monetary penalties of section 234

of this Act. Nothing in this section shall be construed to authorize the

withholding of information from the duly authorized committees of the

Congress.

42 USC 2273. b. For the purposes of section 223 of this Act, any regulations or

orders prescribed or issued by the Commission under this section shall

also be deemed to be prescribed or issued under section 16 lb. of this Act.

c. Any determination by the Commission concerning the applicability

of this section shall be subject to judicial review pursuant to sub-section

(a)(4)(B) of section 552 of Title 5 of the United States Code.

d. Upon prescribing or issuing any regulation or order under

subsection a. of this section, the Commission shall submit to Congress a

report that:

(1) specifically identifies the type of information the Commission

intends to protect from disclosure under the regulation or order;

(2) specifically states the Commission's justification for

determining that unauthorized disclosure of the information to be

protected from disclosure under the regulation or order could

reasonably be expected to have a significant adverse effect on the

health and safety of the public or the common defense and security by

significantly increasing the likelihood of theft, diversion, or sabotage

of such material or such facility, as specified under subsection (a) of

this section; and

(3) provides justification, including proposed alternative

regulations or orders, that the regulation or order applies only the

minimum restrictions needed to protect the health and safety of the

public or the common defense and security.

781
42 USC 2231.

e. In addition to the reports required under subsection d. of this

section, the Commission shall submit to Congress on a quarterly basis a

report detailing the Commission's application during that period of every

regulation or order prescribed or issued under this section. In particular,

the report shall:

(1) identify any information protected from disclosure pursuant to

such regulation or order;

(2) specifically state the Commission's justification for determining

that unauthorized disclosure of the information protected from

disclosure under such regulation or order could reasonably be

expected to have a significant adverse effect on the health and safety

of the public or the common defense and security by significantly

increasing the likelihood of theft, diversion or sabotage of such

material or such facility, as specified under subsection a. of this

section; and

(3) provide justification that the Commission has applied such

regulation or order so as to protect from disclosure only the minimum

amount of information necessary to protect the health and safety of the

public or the common defense and security.

(2) The table of contents for such Act is amended by inserting the

following new item after the item relating to section 146:

"Sec. 147. Safeguards Information."

(b) Section 181 of the Atomic Energy Act of 1954 is amended-

(1) by striking out "or defense information" the first time it

appears and substituting ", defense information, or safeguards

information protected from disclosure under the authority of section

147"; and

(2) by striking out "or defense information" in each other place it

appears in such section and substituting ", defense information, or

such safeguards information,".

Title III- Other Provisions

Sec. 301. (a) The Nuclear Regulatory Commission, within 90 days of

enactment of this Act, shall promulgate regulations providing for timely

notification to the Governor of any State prior to the transport of nuclear

waste, including spent nuclear fuel, to, through, or across the boundaries

of such State. Such notification requirement shall not apply to nuclear

waste in such quantities and of such types as the Commission specifically

determines do not pose a potentially significant hazard to the health and

safety of the public.

(b) As used in this section, the term "State" includes the several States

of the Union, the District of Columbia, the Commonwealth of Puerto

Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of

the Pacific Islands, and the Commonwealth of the Northern Mariana

Islands.

42 USC 5841

note.

Regulations.

State.

782
42 USC 2016 See. 302. The Nuclear Regulatory Commission is authorized and

note. directed to enter into a contract for an independent review of the

Contract Commission's management structure, processes, procedures, and

authorization, operations. The review shall include an assessment of the effectiveness of

all levels of agency management in carrying out the Commission's

statutory responsibilities, in developing and implementing policies and

Report. programs, and in using the personnel and funding available to it. The

contract shall provide for submission of a report of the findings and

recommendations of the review to the Commission not later than one year

from the date of enactment of this Act, and the Commission shall

promptly transmit such report to the Congress.

42 USC 2016. Sec. 303. The Nuclear Regulatory Commission shall include in its

annual report to Congress under section 251 of the Atomic Energy Act of

1954 a statement of-

(1) the direct and indirect costs to the Commission for the issuance

of any license or permit and for the inspection of any facility; and

(2) the fees paid to the Commission for the issuance of any license

or permit and for the inspection of any facility.

National Sec. 304. On or before September 30, 1980, the President shall

Contingency prepare and publish a National Contingency Plan to provide for

Plan, expeditious, efficient, and coordinated action by appropriate Federal

publication, agencies to protect the public health and safety in the case of accidents at

any utilization facility licensed under section 103 or 104b. of the Atomic

Energy Act of 1954.

42 USC 2133. Sec. 305. (a) As expeditiously as practicable, the Nuclear Regulatory

42 USC 2134. Commission shall establish a mechanism for instantaneous and

42 USC 5842 uninterrupted verbal communication between each utilization facility

note. licensed to operate under section 103 or 104b. of the Atomic Energy Act

of 1954 on the date of enactment of this Act, or thereafter, and

(1) Commission headquarters, and

(2) the appropriate Commission regional office.

Study, (b) Within ninety days after the date of the enactment of this Act, the

transmittal to Commission shall prepare and transmit to the Congress a study of

Congress. alternate plans for instantaneous and otherwise timely transmission to the

Commission of data indicating the status of principal system parameters at

utilization facilities licensed to operate under section 103 or section 104 b.

of the Atomic Energy Act of 1954. For each alternative, the study shall

present procedures for transmitting and analyzing such data and a

Commission statement regarding the advantages, disadvantages and

desirability.

Investigation Sec. 306. (a) The Nuclear Regulatory Commission is authorized and

and study. directed to undertake a comprehensive investigation and study of the

impediments to expeditious and reliable communication among

Commission headquarters, the Commission regional office, Commission

representatives at the facility site, senior management officials and

operator personnel of the licensee, and the Governor of Pennsylvania and

783
Plan,

development.

Report to

Congress.

42 USC 2133.

42 USC 2134.

42 USC 2137

note.

42 USC 2137.

other State officials, in the thirty day period immediately following the

accident of March 28, 1979, at unit two of the Three Mile Island Nuclear

Station in Pennsylvania. Such investigation and study shall include, but

not be limited to, a determination of the need for improved

communications procedures and the need for advanced communications

technology. (b) The Commission shall report to the Congress by September 30,

1980, on the findings of the investigation and study required by subsection (a), including recommendations on administrative or legislative

measures necessary to facilitate expeditious and reliable communications

in case of an accident which could result in an unplanned release of

quantities of fission products in excess of the allowable limits for normal

operation established by the Commission at a utilization facility licensed

under sect ion 103 or 104 b. of the Atomic Energy Act of 1954.

The Commission shall implement, as soon as practicable, each such

recommendation not requiring legislative enactment, and shall incorporate

the recommendation in the plan for agency response promulgated

pursuant to section 304 of this Act.

Sec. 307. (a) The Commission is authorized and directed to prepare a

plan for improving the technical capability of licensee personnel to safely

operate utilization facilities licensed under section 103 or 104 b. of the

Atomic Energy Act of 1954. In proposing such plan, the Commission

shall consider the feasibility of requiring standard mandatory training

programs for nuclear facility operators, including classroom study,

apprenticeships at the facility, and emergency simulator training. Such

plan shall include specific criteria for more intensive training and

retraining of operator personnel licensed under section 107 of the Atomic

Energy Act of 1954, and for the licensing of such personnel, to assure-

(1) conformity with all conditions and requirements of the

operating license;

(2) early identification of accidents, events, or event sequences

which may significantly increase the likelihood of an accident; and

(3) effective response to any such event or sequence. Such plan

shall include provision for Commission review and approval of the

qualifications of personnel conducting any required training and

retraining program. The plan shall also include requirements for the

renewal of operator licenses including, to the extent practicable,

requirements that the operator-

(A) has been actively and extensively engaged in the duties

listed in such license,

(B) has discharged such duties safely to the satisfaction of the

Commission,

(C) is capable of continuing such duties, and

(D) has participated in a requalification training program.

784
Plan, Such plan shall include criteria for suspending or revoking operator

transmittal to licenses. In addition, the Commission shall also consider the feasibility of

Congress. requiring such licensed operator to pass a requalification test every six

months including-

(i) written questions, and

(ii) emergency simulator exams.

The Commission shall transmit to the Congress the plan required by this

subsection within six months after the date of the enactment o this Act,

and shall implement as expeditiously as practicable each element thereof

not requiring legislative enactment.

42 USC 2137, (b) The Nuclear Regulatory Commission is authorized and directed to

undertake a study of the feasibility and value of licensing, under section

107 of the Atomic Energy Act of 1954, plant managers of utilization

facilities and senior licensee officers responsible for operation of such

Report to facilities.

Congress The Commission shall report to the Congress within six months of the

Study. date of enactment of this Act on the findings and recommendations of the

study required by this subsection, and shall expeditiously implement each

such recommendation not requiring legislative enactment.

42 USC 2051 Sec. 308. (a) In the conduct of the study required by section 5(d) of

note. the Nuclear Regulatory Commission Authorization Act for Fiscal Year

1979 (Public Law 95-601), the Nuclear Regulatory Commission and the

Environmental Protection Agency, in consultation with the Secretary of

Health and Human Services, shall evaluate the feasibility of

epidemiological research on the health effects of low-level ionizing

radiation exposure to licensee, contractor, and subcontractor employees as

a result of-

(1) the accident of March 28, 1979, at unit two of the Three Mile

Island Nuclear Station in Pennsylvania;

(2) efforts to stabilize such facility or reduce or prevent

radioactive unplanned offsite releases in excess of allowable limits for

normal operation established by the Commission; or

(3) efforts to decontaminate, decommission, or repair such facility.

The report required by such section 5(d) shall include the results of the

evaluation required under this subsection.

42 USC 2051 (b) Section 5(d) of the Nuclear Regulatory Commission Authorization

note. Act for Fiscal Year 1979 (Public Law 95-601), is amended by striking

"September 30, 1979" and inserting in lieu thereof "September 30, 1980".

785
D. NRC AUTHORIZATION ACT FOR FISCAL YEAR 1979

Public Law 95-601 92 Stat. 2947

Nuclear

Regulatory

Commission.

Appropriation

authorization,

1978.

42 USC 5845.

November 6, 1978

An Act

To authorize appropriations to the Nuclear Regulatory Commission for

fiscal year 1979, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

Sec. 1. (a) There is hereby authorized to be appropriated to the

Nuclear Regulatory Commission in accordance with the provisions of

section 261 of the Atomic Energy Act of 1954, as amended (42 USC

2017), and section 305 of the Energy Reorganization Act of 1974, as

amended (42 USC 5875), for the fiscal year 1979, to remain available

until expended $333,007,000. Of such total amount authorized to be

appropriated:

(1) Not more than $47,162,000 may be used for "Nuclear Reactor

Regulation"; of the total amount appropriated for this purpose,

$2,080,000 shall be available for Advanced Reactors;

(2) Not more than $38,760,000 may be used for "Inspection and

Enforcement";

(3) Not more than $14,945,000 may be used for "Standards

Development"; of the total amount appropriated for this purpose,

$650,000 shall be available for Low-Level Radiation activities,

including those described in section 5 of this Act;

(4) Not more than $27,240,000 may be used for "Nuclear Material

Safety and Safeguards"; of the total amount appropriated for this

purpose, $8,127,000 shall be available for Nuclear Waste Disposal and

Management activities;

(5) Not more than $163,470,000 may be used for "Nuclear

Regulatory Research"; of the total amount appropriated for this

purpose, $1,500,000 shall be available for the implementation of the

Improved Safety Systems Research plan required by section 205(f) of

the Energy Reorganization Act of 1974, as amended, $4,448,000 shall

be available for Nuclear Waste research activities, and $18,333,000

shall be available for Advanced Reactor Research, including an

authorization of $3,900,000 to accelerate the effort in gas-cooled

thermal reactor safety research.

(6) Not more than $13,480,000 may be used for "Program

Technical Support";

786
(7) Not more than $27,950,000 may be used for "Program

Direction and Administration"; of the total amount appropriated for

this purpose, $225,000 shall be available for equal employment

opportunity activities, including support of four positions in the Office

of Equal Employment Opportunity.

Safeguard (b)(1) Not more than $14,285,000 of the aggregate amount authorized

research to be appropriated under paragraphs (1) through (7) of subsection (a)

contracts, may be used for contracts encompassing research, studies, and

limitation, technical assistance on domestic safeguards matters.

(2) Of the aggregate amount authorized to be appropriated under

paragraphs (1) through (7) of subsection (a), $1,000,000 shall be

available for studies and analysis of alternative fuel cycles (including

studies and analysis relating to licensing and safety, safeguards, and

environmental aspects).

(c)(1) No amount appropriated pursuant to subsection (a) for purposes

of subparagraphs (1) through (7) of such subsection, may be used for

any function of the Commission in excess of the amount expressly

authorized to be appropriated for functions referred to in such

paragraphs, if such excess amount is in excess of $500,000, nor may

the amount available from any appropriation for any function referred

to in subparagraphs be reduced by more than $500,000 unless

(i) a period of thirty calendar days (not including any day in

which either House of Congress is not in session because of an

adjournment of more than three calendar days to a day certain or

an adjournment sine die) has passed after the receipt by the

Committee on Interstate and Foreign Commerce and the

Committee on Interior and Insular Affairs of the House of

Representatives and the Committee on Environment and Public

Works of the Senate of notice given by the Commission containing

a full and complete statement of the action proposed to be taken

and the facts and circumstances relied upon in support of such

proposed action, or

(ii) each such committee before the expiration of such period

has transmitted to the Commission, written notice stating in

substance that such committee has no objection to the proposed

action.

(2) Of the amounts authorized to be appropriated for the purposes

set forth in paragraphs (1) through (7) of subsection (a) of this section,

the amounts available for Advanced Reactors, Low-Level Radiation,

Nuclear Waste Disposal and Management, Improved Safety Systems,

Research, and Nuclear Waste Research, or that specified in subsection (b)(2) of this section for Alternative Fuel Cycle activities shall

not be reprogrammed, unless-

(i) a period of ninety calendar days (not including any day in

which either House of Congress is not in session because of an

adjournment of more than three calendar days to a day certain or

787
an adjournment sine die) has passed after the receipt by the

Committee on Interior and Insular Affairs and the Committee on

Interstate and Foreign Commerce of the House of representatives

and the Committee on Environment and Public Works of the

Senate of notice given by the Commission containing a full and

complete statement of the action proposed to be taken and the facts

and circumstances relied upon in support of such proposed action,

or

(ii) each such committee before the expiration of such period

has transmitted to the Commission, written notice stating in

substance that such committee has no objection to the proposed

action.

Safeguard (d) No amount authorized to be appropriated by this Act may be used

research by the Commission to enter into any contract, providing funds in excess of

contracts, $20,000 encompassing research, study, or technical assistance on

limitation, domestic safeguards matters except as directed by the Commission, by

majority vote, following receipt by the Commission of a recommendation

from the Executive Director for Operations supporting the need for such

contract.

Sec. 2. Moneys received by the Commission for the cooperative

nuclear research programs may be retained and used for salaries and

expenses associated with those programs, notwithstanding the provisions

of section 3617 of the Revised Statutes (31 USC 484), and shall remain

available until expended.

Funds, Sec. 3. Transfers of sums from salaries and expenses may be made to

transfers, other agencies of the Government for the performance of the work for

which the appropriation is made, and in such cases the sums so transferred

may be merged with the appropriation to which transferred.

42 USC 5849. Sec. 4. (a) Subsection (b) of section 209 of the Energy

Reorganization Act of 1974, as amended, is amended by adding at the end

thereof the following sentence: "Notwithstanding the preceding sentence,

each such director shall keep the Executive Director fully and currently

informed concerning the content of all such direct communications with

the Commission."

Equal (b) Section 209 of the Energy Reorganization Act of 1974, as

employment amended, is amended by adding a new subsection (c) to read as follows

opportunity, and redesignating existing subsection (c) accordingly:

report. (c) The Executive Director shall report to the Commission at semiannual public meetings on the problems, progress, and status of the

Commission's equal employment opportunity efforts."

42 USC 2051 Sec. 5. (a) The Commission and the Environmental Protection

note. Agency in consultation with the Secretary of Health, Education, and

Radiation, Welfare, are authorized and directed to conduct preliminary planning and

health effects design studies for epidemiological research on the health effects of lowstudies,

consultati ,on. level ionizing radiation. In the conduct of such studies, the Commission

788
Memorandum,

submittal to

Congress.

Reports to

Congress,

consultations.

Cooperation.

Copies.

Annual status

report.

Report to

Congress.

42 USC 5841

note.

Review.

Report to

Congress.

and the Environmental Protection Agency shall consult with appropriate

scientific organizations and Federal and State agencies.

(b) Within thirty days after the date of enactment of this section, the

Commission and the Environmental Protection Agency shall submit to the

Congress a memorandum of understanding to delineate their

responsibilities in the conduct of the planning studies authorized by

subsection (a) of this section.

(c) On or before April 1, 1979, the Commission and the

Environmental Protection Agency shall submit a report to the Congress

containing an assessment of the capabilities and research needs of such

agencies in the area of health effects of low-level ionizing radiation.

(d) On or before September 30, 1979, the Commission and the

Environmental Protection Agency, in consultation with the Secretary of

Health, Education, and Welfare, shall submit a report to the Congress

which includes a study of options for Federal epidemiological research on

the health effects of low-level ionizing radiations, with evaluations of the

feasibility of such options. Such report shall be consistent with the

findings of the assessment required by subsection (c) of this section.

(e) In carrying out the activities specified in subsections (c) and (d)

such agencies shall:

(i) cooperate with appropriate scientific organizations and

agencies involved in related research, and

(ii) furnish copies of the reports required by those subsections to

the organizations and agencies referred to in subsection (e)(i).

See. 6. Section 209 of the Energy Reorganization Act of 1974 is

amended by adding the following new subsection at the end thereof:

(d) The Executive Director shall prepare and forward to the Commission

an annual report (for the fiscal year 1978 and each succeeding fiscal year)

on the status of the Commission's programs concerning domestic

safeguards matters including an assessment of the effectiveness and

adequacy of safeguards at facilities and activities licensed by the

Commission. The Commission shall forward to the Congress a report

under this section prior to February 1, 1979, as a separate document, and

prior to February 1 of each succeeding year as a separate chapter of the

Commission's annual report (required under section 307(c) of the Energy

Reorganization Act of 1974) following the fiscal year to which such

report applies.

Sec. 7. The Commission is authorized and directed to undertake a

comprehensive review of the existing process for selection and training of

members of the Atomic Safety and Licensing Boards, including, but not

limited to, the selection criteria, including qualifications, the selection

procedures, and the training programs fro Board members. The

Commission shall report to the Congress on the findings of such review

by January 1, 1979, and shall revise such selection and training process as

appropriate, based on such findings.

789
42 USC 2210a.

Disclosure

rules.

Publication.

Sec. 8 (a) Chapter 14 of the Atomic Energy Act of 1954 is amended

by adding the following new section at the end thereof:

Sec. 170A. Conflicts of Interest Relating to Contracts and Other

Arrangements.-

a. The Commission shall, by rule, require any person proposing to enter into a contract, agreement, or other

arrangement, whether by competitive bid or negotiation, under this

Act or any other law administered by it for the conduct of research,

development, evaluation activities, or for technical and

management support services, to provide the Commission, prior to

entering into any such contract, agreement, or arrangement, with

all relevant information, as determined by the Commission,

bearing on whether that person has a possible conflict of interest

with respect to-

(1) being able to render impartial, technically sound, or

objective assistance or advice in light of other activities or

relationships with other persons, or

(2) being given an unfair competitive advantage. Such

person shall insure, in accordance with regulations prescribed

by the Commission, compliance with this section by any

subcontractor (other than a supply subcontractor) of such

person in the case of any subcontract for more than $10,000.

b. The Commission shall not enter into any such contract

agreement or arrangement unless it finds, after evaluating all

information provided under subsection a. and any other

information otherwise available to the Commission that-

(1) it is unlikely that a conflict of interest would exist, or

(2) such conflict has been avoided after appropriate

conditions have been included in such contract, agreement, or

arrangement; except that if the Commission determines that

such conflict of interest exists and that such conflict of interest

cannot be avoided by including appropriate conditions therein,

the Commission may enter into such contract, agreement, or

arrangement, if the Commission determines that it is in the best

interests of the United States to do so and includes appropriate

conditions in such contract, agreement, or arrangement to

mitigate such conflict.

c. The Commission shall publish rules for the implementation

of this section, in accordance with section 553 of Title 5, United

States Code (without regard to subsection (a)(2) thereof) as soon as

practicable after the date of the enactment of this section, but in no

event later than 120 days after such date.

(b) The table of contents for such Chapter 14 is amended by adding

the following new item at the end thereof:

Sec. 170A. Conflicts of interest relating to contracts and other

arrangements.

790
42 USC 2153

note.

Monitoring and

assistance,

reports to

Congress.

42 USC 5851.

42 USC 2011

note.

Complaint,

filing and

notification.

Investigation

and

notification.

Order.

See. 9. The Commission shall monitor and assist, as requested, the

International Fuel Cycle Evaluation and the studies and evaluations of the

various nuclear fuel cycle systems by the Department of Energy in

progress as of the date of enactment, and report to the Congress

semiannually through calendar year 1980 and annually through calendar

year 1982 on the status of domestic and international evaluations of

nuclear fuel cycle systems. This report shall include, but not be limited to,

a summary of the information developed by and available to the

Commission on the health, safety and safeguards implications of the

leading fuel cycle technologies.

Sec. 10. Title II of the Energy Reorganization Act of 1974, as

amended, is amended by adding at the end thereof a new section to read as

follows:

Employee Protection

Sec. 210. (a) No employer, including a Commission licensee, an

applicant for a Commission license, or a contractor or a subcontractor of a

Commission licensee or applicant, may discharge any employee or

otherwise discriminate against any employee with respect to his

compensation, terms, conditions, or privileges of employment because the

employee (or any person acting pursuant to a request of the employee)-

(1) commenced, caused to be commenced, or is about to

commence or cause to be commenced a proceeding under this Act or

the Atomic Energy Act of 1954, as amended, or a proceeding for the

administration or enforcement of any requirement imposed under this

act or the Atomic Energy Act of 1954, as amended;

(2) testified or is about to testify in any such proceeding or;

(3) assisted or participated or is about to assist or participate in

any manner in such a proceeding or in any other manner in such a

proceeding or in any other action to carry out the purposes of this Act

or the Atomic Energy Act of 1954, as amended.

(b)(1) Any employee who believes that he has been discharged or

otherwise discriminated against by any person in violation of subsection

(a) may, within thirty days after such violation occurs, file (or have any

person file on his behalf) a complaint with the Secretary of Labor

(hereinafter in this subsection referred to as the 'Secretary') alleging such

discharge or discrimination. Upon receipt of such a complaint, the

Secretary shall notify the person named in the complaint of the filing of

the complaint and the Commission.

(2)(A) Upon receipt of a complaint filed under paragraph (1), the

Secretary shall conduct an investigation of the violation alleged in the

complaint. Within thirty days of the receipt of such complaint, the

Secretary shall complete such investigation and shall notify in writing the

complainant(any person acting in his behalf) and the person alleged to

have committed such violation of the results of the investigation

conducted pursuant to this subparagraph. Within ninety days of the receipt

791
of such complaint the Secretary shall, unless the proceeding on the

complaint is terminated by the Secretary on the basis of a settlement

entered into by the Secretary and the person alleged to have committed

such violation, issue an order either providing the relief prescribed by Notice and subparagraph (B) or denying the complaint. An order of the Secretary

hearing shall be made on the record after notice and opportunity for public Settlement. hearing. The Secretary may not enter into a settlement terminating a

proceeding on a complaint without the participation and consent of the

complainant.

Relief. (B) If, in response to a complaint filed under paragraph (1), the

Secretary determines that a violation of subsection (a) has occurred,

the Secretary shall order the person who committed such violation to

(i) take affirmative action to abate the violation, and (ii) reinstate the

complainant to his former position together with the compensation

(including back pay), terms, conditions, and privileges of his

employment, and the Secretary may order such person to provide

compensatory damages to the complainant. If an order is issued under

this paragraph, the Secretary, at the request of the complainant shall

assess against the person against whom the order is issued a sum equal

to the aggregate amount of all costs and expenses (including attorneys'

and expert witness fees) reasonably incurred, as determined by the

Secretary, by the complainant for, or in connection with, the bringing

of the complaint upon which the order was issued.

Review. (c)(1) Any person adversely affected or aggrieved by an order issued

under subsection (b) may obtain review of the order in the United States

court of appeals for the circuit in which the violation, with respect to

which order was issued, allegedly occurred.

5 USC 701 et The petition for review must be filed within sixty days from the issuance

seq. of the Secretary's order. Review shall conform to Chapter 7 of Title 5 of

the United States Code. The commencement of proceedings under this

subparagraph shall not, unless ordered by the court, operate as a stay of

the Secretary's order. (2) An order of the Secretary with respect to which

review could have been obtained under paragraph (1) shall not be subject

to judicial review in any criminal or other civil proceeding.

Jurisdiction. (d) Whenever a person has failed to comply with an order issued under

subsection (b)(2), the Secretary may file a civil action in the United States

district court for the district in which the violation was found to occur to

enforce such order. In actions brought under this subsection, the district

courts shall have jurisdiction to grant all appropriate relief, including, but

not limited to, injunctive relief, compensatory, and exemplary damages.

(e)(1) Any person on whose, behalf an order was issued under

paragraph (2) of subsection (b) may commence a civil action against

the person to whom such order was issued to require compliance with

such order. The appropriate United States district court shall have

jurisdiction, without regard to the amount in controversy or the

citizenship of the parties, to enforce such order.

792
Litigative costs.

42 USC 2011

note.

42 USC 2205a.

Report to

Congress.

42 USC 5842

note.

Authority

extension,

study.

Cooperation.

Report to

Congress.

42 USC 2021 a.

Waste storage

or disposal

facility

planning,

notification.

(2) The court, in issuing any final order under this subsection, may

award costs of litigation (including reasonable attorney and expert

witness fees) to any party whenever the court determines such award

is appropriate.

(f) Any nondiscretionary duty imposed by this section shall be

enforceable in a mandamus proceeding brought under section 1361 of

Title 28 of the United States Code.

(g) Subsection (a) shall not apply with respect to any employee who,

acting without direction from his or her employer (or the employer's

agent), deliberately causes a violation of any requirements of this Act or

of the Atomic Energy Act of 1954, as amended.

Sec. 11. The Commission shall report to the Congress on January 1,

1979, and annually thereafter on the-use of contractors, consultants, and

the National Laboratories by the Commission. Such report shall include,

for each contract issued, in progress or completed during fiscal year 1978,

information on the bidding procedure, nature of the work, amount and

duration of the contract, progress of work, relation to previous contracts,

and the relation between the amount of the contract and the amount

actually spent.

Sec. 12. (a) The Commission, in cooperation with the Department of

Energy, is authorized and directed to conduct a study of extending the

Commission's licensing or regulatory authority to include categories of

existing and future Federal radioactive waste storage and disposal

activities not presently subject to such authority.

(b) Each Federal agency, subject to the provisions of existing law,

shall cooperate with the Commission in the conduct of the study. Such

cooperation shall include providing access to existing facilities and sites

and providing any information needed to conduct the study which the

agency may have or be reasonably able to acquire.

(c) On or before March 1, 1979, the Commission shall submit a report

to the Congress containing the results of the study, the Report shall

include a complete listing and inventory of all radioactive waste storage

and disposal activities now being conducted or planned by Federal

agencies.

Sec. 13. Notwithstanding any other provision of this Act, no

authority to make payments under this Act shall be effective except to

such extent or in such amounts as are provided in advance in

appropriation Acts.

Sec. 14. (a) Any person, agency, or other entity proposing to develop

a storage or disposal facility, including a test disposal facility, for highlevel radioactive wastes, non-high-level radioactive wastes including

transuranium contaminated wastes, or irradiated nuclear reactor fuel, shall

notify the Commission as early as possible after the commencement of

planning for a particular proposed facility. The Commission shall in turn

notify the Governor and the State legislature of the State of proposed sites

whenever the Commission has knowledge of such proposal.

793
State

participation

report.

State participation,

report.

Submittal with

legislative

recommendations

to Congress

(b) The Commission is authorized and directed to prepare a report on

means for improving the opportunities for State participation in the

process for siting, licensing, and developing nuclear waste storage or

disposal facilities. Such report shall include detailed consideration of a

program to provide grants through the Commission to any State, and the

advisability of such a program, for the purpose of conducting an

independent State review of any proposal to develop a nuclear waste

storage or disposal facility identified in subsection (a) within such State.

On or before March 1, 1979, the Commission shall submit the report to

the Congress including recommendations for improving the opportunities

for State participation together with any necessary legislative proposals.

794
E. NRC AUTHORIZATION ACT FOR FISCAL YEAR 1978

Public Law 95-209 91 Stat. 1481.

Nuclear

Regulatory

Commission.

Appropriation

authorization,

1978.

Reallocation.

December 13, 1977

An Act

To authorize appropriations for Nuclear Regulatory Commission for the

fiscal year 1978, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

Sec. 1. Authorization

(a) There is authorized to be appropriated to the Nuclear Regulatory

Commission (hereafter in this act referred to as the "Commission") to

carry out its functions and authorities under the Atomic Energy Act of

1954 (42 USC 2017) and the Energy Reorganization Act of 1974 (42 USC

5875) for the fiscal year 1978 to remain available until expended

$297,740,000 to be allocated as follows:

(1) For "Nuclear Reactor Regulation", not more than $41,480,000;

(2) For "Standards Development", not more than $12,130,000;

(3) For "Inspection and Enforcement", not more than $33,050,000;

(4) For "Nuclear Materials Safety and Safeguards", not more than

$22,090,000;

(5) For "Nuclear Regulatory Research", $148,900,000;

(6) For "Program Technical Support", 10,180,000; of which an

amount not to exceed $600,000 is authorized for a fellowship program

pursuant to section 5 of this Act.

(7) For "Program Direction and Administration", not more than

$29,910,000.

(b) Of the total amount authorized under section 1(a), the

Commissioners may, by majority vote, reallocate among program

activities specified in subsection (a) or pursuant to the authority granted in

subsection (d) an amount not exceeding $10,000,000 except that the

amount transferred from any of the major program activities specified in

subsection (a) shall not exceed 15 per centum of the amount so specified.

Prior to any reallocation of an amount in accordance with the provisions

of this subsection, where such amount is in excess of $500,000, the

Commission shall inform the appropriate congressional committees. Such

reallocation may be made notwithstanding the limitations of subsection

(a).

795
Safeguard

research

contract

statement

publication.

Quarterly report

to Congress.

42 USC 5841.

42 USC 2000e.

(c) No amount authorized to be appropriated for contracts for

research, studies, and technical assistance on domestic safeguard matters

under subsection (a) including any amount reallocated under subsection

(b) may be used for such contracts and no amount authorized to be

appropriated under this subsection may be used by the Office of Nuclear

Regulatory Research for such contracts until a statement supporting the

need for such research, study, or technical assistance has been prepared

and published by the Commission.

(d) No amount authorized to be appropriated for contracts for

regulatory research related to advanced reactor safety under this Act may

be used for such contracts except as directed by the Commission,

following consideration by the Commission of any recommendation that

may be made by the ACRS regarding the proposed research.

(e) In the event that the license application is withdrawn or funding

for the continuation of the Clinch River Breeder Reactor project is not

authorized or appropriated, the total authorization in subsection (a) shall

be reduced by $2,700,000.

(f) In the event that further construction of the facility at Barnwell,

South Carolina, for the purpose of providing plutonium to be used as fuel

is canceled or deferred, the total authorization in subsection (a) shall be

reduced by $2,100,000.

Sec. 2. Commission Personnel

Section 201 of Title II of the Energy Reorganization Act of 1974 is

amended by adding the following new subsection at the end thereof:

(h) The Commission shall prepare and submit to the Congress a

quarterly report which documents, for grades GS-1 1 or above:

(1) the number of minority and women candidates hired, by grade

level;

(2) the number of minority and women employees promoted, by

grade level;

(3) the procedures followed by the Commission in preparing job

descriptions, informing potential applicants, and selecting from

candidates the persons to be employed in positions at grade GS-1 I or

above; and

(4) other steps taken to meet provisions of the Equal Employment

Act.

The first quarterly report shall be submitted to the Congress not later

than January 31, 1978, and subsequent reports shall be submitted prior to

the end of one calendar month after the end of each calendar quarter

thereafter.

Sec. 3. Unresolved Safety Issues

Title II of the Energy Reorganization Act of 1974, is amended by

adding the following new section at the end thereof:

796
42 USC 5850.

Submittal to

Congress.

Progress

42 USC 5845.

Long-term plan

development.

42 USC 2039.

Annual report

to Congress.

42 USC 2040.

Establishment.

42 USC 2201

note.

Guidelines.

Salaries and

expenses.

UNRESOLVED SAFETY ISSUES PLAN

Sec. 210. The Commission shall develop a plan providing for the

specification and analysis of unresolved safety issues relating to nuclear

reactors and shall take such action as may be necessary to implement

corrective measures with respect to such issues. Such plan shall be

submitted to the Congress on or before January 1, 1978 and progress

reports shall be included in the annual report of the Commission

thereafter.

Sec. 4. Improved Safety Systems Research

(a) Section 205 of the Energy Reorganization Act of 1974 is amended

by adding the following new subsection at the end thereof:

(f) The Commission shall develop a long-term plan for projects for

the development of new or improved safety systems for nuclear power

plants.

See. 5. Reactor Safety Research Study

Section 29 of the Atomic Energy Act of 1954 is amended by adding

the following at the end thereof: In addition to its other duties under this

section, the committee, making use of all available sources, shall

undertake a study of reactor safety research and prepare and submit

annually to the Congress a report containing the results of such study. The

first such report shall be submitted to the Congress not later than

December 31, 1977.

Sec. 6. Acrs Fellowship Program

To assist the Advisory Committee on Reactor Safeguards in carrying

out its function, the committee shall establish a fellowship program under

which persons having appropriate engineering or scientific expertise are

assigned particular tasks relating to the functions of the committee. Such

fellowship shall be for 2-year periods and the recipients of such

fellowships shall be selected pursuant to such criteria as may be

established by the committee.

Sec. 7. Organizational Conflicts Of Interest

The Commission shall by December 31, 1977, promulgate guidelines

to be applied by the Commission in determining whether an organization

proposing to enter into a contractual arrangement with the Commission

has a conflict of interest which might impair the contractor's judgment or

otherwise give the contractor an unfair competitive advantage.

Sec. 8. Cooperative Research Funding

Moneys received by the Commission for the cooperative nuclear

safety research programs may be retained and used for salaries and

expenses associated with those programs, notwithstanding the provisions

of section 3617 of the Revised Statutes (31 USC 484), and shall remain

available until expended. Funds may be obligated for purposes stated in

this section only to the extent provided in appropriation Acts.

797
Sec. 9. Transfer Of Funds

Transfers of sums from salaries and expenses may be made to other

agencies of the Government for the performance of the work for which the

appropriation is made, and in such cases the sums so transferred may be

merged with the appropriations to which transferred.

Sec. 10. Appropriations

Notwithstanding any other provision of this Act, no authority to make

payments under this Act shall be effective except to such extent or in such

amounts as are provided in advance in appropriations Acts.

798
F. NRC AUTHORIZATION ACT FOR FISCAL

YEAR 1977

Public Law 94-291 90 Stat. 523

Nuclear

Regulatory

Commission.

42 USC 2017.

42 USC 5875.

Appropriation

authorization.

Moneys for

research

programs, use.

Transfer of

sums.

May 22, 1976

An Act

To authorize appropriations to the Nuclear Regulatory Commission in

accordance with section 261 of the Atomic Energy Act of 1954, as

amended, and section 305 of the Energy Reorganization Act of 1974,

as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

Sec. 101. There is hereby authorized to be appropriated to the Nuclear

Regulatory Commission in accordance with the provisions of section 261

of the Atomic Energy Act of 1954, as amended, and section 305 of the

Energy Reorganization Act of 1974, as amended; for salaries and

expenses, $274,300,000 to remain available until expended.

Sec. 102. Moneys received by the Commission for the cooperative

nuclear safety research programs may be retained and used for salaries

and expenses associated with those programs, notwithstanding the

provisions of section 3617 of the Revised Statutes (31 USC 484), and

shall remain available until expended. Funds may be obligated for

purposes stated in this section only to the extent provided in appropriation

Acts.

Sec. 103. Transfers of sums from salaries and expenses may be made

to other agencies of the Government for the performance of the work for

which the appropriation is made, and in such cases the sums so transferred

may be merged with the appropriation to which transferred.

Amendments To Prior Year Act

Sec. 104. (a) Title I of Public Law 94-79 is amended by adding

section 102 to read as follows: Moneys received by the Commission for

the cooperative nuclear research program may be retained and used for

salaries and expenses associated with that program, notwithstanding the

provisions of section 3617 of the Revised Statutes (31 USC 484), and

shall remain available until expended. Funds may be obligated for

purposes stated in this section only to the extent provided in appropriation

Acts.

(b) Section 101 of Public Law 94-79 is amended by adding the phase "and shall remain available until expended" after the words "September

30, 1976."

799
G. NRC AUTHORIZATION ACT FOR FISCAL YEAR 1976

Public Law 94-79 89 Stat. 413

August 9, 1975

An Act

To authorize appropriations to the Nuclear Regulatory Commission in

accordance with section 261 of the Atomic Energy Act of 1954, as

amended, and section 305 of the Energy Reorganization Act of 1974,

and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

Title I

Sec. 101. There is authorized to be appropriated to the Nuclear

Regulatory Commission to carry out the provisions of section 261 of the

Atomic Energy Act of 1954, as amended, and section 305 of the Energy

Reorganization Act of 1974: $222,935,000 for fiscal year 1976 and

$52,750,000 for the period from July 1, 1976 through September 30, 1976

and shall remain available until expended.'

Sec. 102. Moneys received by the Commission for the cooperative

nuclear research program may be retained and used for salaries and

expenses associated with that program, notwithstanding the provisions of

section 3617 of the Revised Statutes (31 USC 484), and shall remain

available until expended. Funds may be obligated for purposes stated in

this section only to the extent provided in appropriations Acts.

42 USC 2017.

Appropriation

authorization.

Nuclear

Regulatory

Commission.

42 USC 5875.

Title II

42 USC 5841.

42 USC 5801

note.

Commission

chairman,

functions.

Sec. 201. Section 201(a) of the Energy Reorganization Act of 1974 is

amended

(1) by inserting "(1)" immediately after section 201 (a); and

(2) The Chairman of the Commission shall be the principal

executive officer of the Commission, and he shall exercise all of the

executive and administrative functions of the Commission, including

functions of the Commission with respect to (a) the appointment and

supervision of personnel employed under the commission (other than

personnel employed regularly and full time in the immediate offices of

commissioners other than the Chairman, and except as otherwise

'Public Law 94-291 (90 STAT. 523) (1976) section 104(b) amended section 101 by adding the phrase "and

shall remain available until expended" after September 30, 1976. 2

Public Law 94-291 (90 STAT. 523) (1976) section 104(a) added section 102.

800
provided in the Energy Reorganization Act of 1974), (b) the

distribution of business among such personnel and among

administrative units of the Commission, and (c) the use and

expenditure of funds.

(3) In carrying out any of his functions under the provisions of this

section the Chairman shall be governed by general policies of the

Commission and by such regulatory decisions, findings, and

determinations as the Commission may by law be authorized to make.

(4) The appointment by the Chairman of the heads of major

administrative units under the Commission shall be subject to the

approval of the Commission.

(5) There are hereby reserved to the Commission its functions

with respect to revising budgetestimates and with respect to

determining upon the distribution of appropriated funds according to

major programs and purposes.

The Nuclear Regulatory Commission shall not license any shipments

by air transport of plutonium in any form, whether exports, imports or

domestic shipments: Provided, however, That any plutonium in any form

contained in a medical device designed for individual human application

is not subject to this restriction. This restriction shall be in force until the

Nuclear Regulatory Commission has certified to the Joint Committee on

Atomic Energy of the Congress that a safe container has been developed

and tested which will not rupture under crash and blast-testing equivalent

to the crash and explosion of a high-flying aircraft.

Sec. 202. Subsection 201(c) of the Energy Reorganization Act of

1974 is amended by deleting the period at the end of the subsection and

adding the following text: and except that any member appointed to fill a

vacancy occurring prior to the expiration of the term for which his

predecessor was appointed, shall be appointed for the remainder of such

term.

42 USC 5841

note.

Plutonium

shipments,

restrictions.

42 USC 5841.

Term of office.

Sec. 203. Section 201(c) is amended to include the following: For the

purpose of determining the expiration date of the terms of office of the

five members first appointed to the Nuclear Regulatory Commission, each

such term shall be deemed to have begun July 1, 1975.3

3

Public Law 94-291 (90 STAT.523)(1976) section 104(a) added section 102.

801
H. NRC FISCAL YEAR 1975 SUPPLEMENTAL

AUTHORIZATION ACT

Public Law 94-18 89 Stat. 80

April 25, 1975

An Act

To authorize supplemental appropriations to the Nuclear Regulatory

Commission for fiscal year 1975.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

That there is authorized to be appropriated to the Nuclear Regulatory

Commission to carry out the provisions of section 261 of the Atomic

Energy Act of 1954, as amended, and section 305 of the Energy

Reorganization Act of 1974, $50,200,000 for fiscal year 1975.

42 USC 2017.

42 USC 5875.

Nuclear

Regulatory

Commission

Appropriation

Authorization.

802
I. AEC FISCAL YEAR 1975 SUPPLEMENTAL

AUTHORIZATION ACT

Public Law 93-576 88 Stat. 1878

December 21, 1974

An Act

To amend Public Law 93-276 to increase the authorization for

appropriations to the Atomic Energy Commission in accordance with

section 261 of the Atomic Energy Act of 1954, as amended, and for

other purposes.

Atomic Energy Be it enacted by the Senate and House of Representatives of the United

Commission. States ofAmerica in Congress assembled,

Appropriation

increase.

That section 10 1(a) of Public Law 93-276 is hereby amended by

striking therefrom the figure "$2,551,533,000" and substituting the figure

"$2,580,733,000".

Sec. 2. Section 101(b) of Public Law 93-276 is hereby amended by

striking from subsection (11) capital equipment the figure "$208,850,000"

and substituting the figure "$224,900,000".

Safeguards Sec. 3. From the increase of the sums authorized to be appropriated

program. by this Act $23,000,000 shall be allotted to, and made available only for

the Safeguards Program, with regard to the safeguarding of special

nuclear materials from diversion from its intended uses, and for research

and development of safeguards techniques and related activities involved

in handling nuclear material.

803
J. AEC AUTHORIZATION ACT FOR FISCAL YEAR 1975

Public Law 93-276 77 Stat. 88

May 10, 1974

An Act

To authorize appropriations to the Atomic Energy Commission in

accordance with section 261 of the Atomic Energy Act of 1954, as

amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

Appropriation Sec. 101. There is hereby authorized to be appropriated to the Atomic

authorization. Energy Commission in accordance with the provisions of section 261 of

Atomic Energy the Atomic Energy Act of 1954, as amended:

Commission.

42 USC 2017. (a) For "Operating expenses", $2,580,733,0001 not to exceed

$132,200,000 in operating costs for the high energy physics program

category.

(b) For "Plant and capital equipment", including construction,

acquisition, or modification of facilities, including land acquisition; and

acquisition and fabrication of capital equipment not related to

construction, a sum of dollars equal to the total of the following:

(1) NUCLEAR MATERIALS.-

Project 75-1a, additional facilities, high-level waste handling and

storage, Savannah River, South Carolina, $30,000,000.

Project 75-1-b, replacement ventilation air filter, H chemical

separations area, Savannah River, South Carolina, $6,000,000.

Project 75-1-c, new waste calcining facility, Idaho Chemical

Processing Plant, National Reactor Testing Station, Idaho,

$20,000,000.

Project 75-1 -d, waste management effluent control, Richland,

Washington, $3,500,000.

Project 75-1 -e, retooling of component preparation laboratories,

multiple sites, $4,500,000.

Project 75-1-f, atmospheric pollution control facilities, stoker fired

boilers, Savannah River, South Carolina, $7,500,000.

(2) NUCLEAR MATERIALS.-

Project 75-2-a, additional cooling tower capacity, gaseous

diffusion plant, Portsmouth, Ohio, $2,200,000.

(3) WEAPONS.-

'Public Law 93-576 (88 Stat. 1878) (1974), section 1, increased this figure from the previously authorized

$2,551,533,000.

804
Project 75-3-a, weapons production, development, and test

installations, $10,000,000.

Project 75-3-b, high energy laser facility, Los Alamos Scientific

Laboratory, New Mexico, $22,600,000.

Project 75-3-c, TRIDENT production facilities, various locations,

$22,200,000.

Project 75-3-d, consolidation of final assembly plants, Pantex,

Amarillo, Texas, $4,500,000.

Project 75-3-e, addition to building 350 for safeguards analytical

laboratory, Argonne National Laboratory, Illinois, $3,500,000.

(4) WEAPONS.-

Project 75-4-a, technical support relocation, Los Alamos Scientific

Laboratory, New Mexico, $2,800,000.

(5) CIVILIAN REACTOR RESEARCH AND

DEVELOPMENT.-

Project 75-5-a, transient test facility, Santa Susana, California,

$4,000,000.

Project 75-5-b, advanced test reactor control system upgrading,

National Reactor Testing Station, Idaho, $2,400,000.

Project 75-5-c, test reactor area water recycle and pollution control

facilities, National Reactor Testing Station, Idaho, $1,000,000.

Project 75-5-d, modifications to reactors, $4,000,000.

Project 75-5-e, high temperature gas reactor fuel re-processing

facility, National Reactor Testing Station, Idaho, $10,100,000.

Project 75-5-f, high temperature gas reactor fuel refabrication pilot

plant, Oak Ridge National Laboratory, Tennessee, $3,000,000.

Project 75-5-g, molten salt breeder reactor (preliminary planning

preparatory to possible future demonstration project), $1,500,000.

(6) PHYSICAL RESEARCH.-

Project 75-6-a, accelerator and reactor improvements and

modifications, $3,000,000.

Project 75-6-b, heavy ion research facilities, various locations,

$19,200,000.

Project 75-6-c, positron-electron joint project, Lawrence Berkeley

Laboratory and Stanford Linear Accelerator Center, $900,000.

(7) BIOMEDICAL AND ENVIRONMENTAL RESEARCH AND

SAFETY.-

Project 75-7-a, upgrading of laboratory facilities, Oak Ridge

National Laboratory, Tennessee, $2,100,000.

Project 75-7-b, environmental research laboratory, Savannah River,

South Carolina, $2,000,000.

Project 75-7-c, intermediate-level waste management facilities,

Oak Ridge National Laboratory, Tennessee, $9,500,000.

Project 75-7-d, modifications and additions to biomedical and

environmental research facilities, $2,850,000.

805
(8) BIOMEDICAL AND ENVIRONMENTAL RESEARCH AND

SAFETY.-

Project 75-8-a, environmental sciences laboratory, Oak Ridge

National Laboratory, Tennessee, $8,800,000.

(9) GENERAL PLANT PROJECTS.-$55,650,000.

(10) CONSTRUCTION PLANNING AND DESIGN.- $2,000,000.

(11) CAPITAL EQUIPMENT.-Acquisition and fabrication of

capital equipment not related to construction, $224,900,000.2

(12) REACTOR SAFETY RESEARCH.-

Project 75-12-a, reactor safety facilities modifications, $1,000,000.

(13) APPLIED ENERGY TECHNOLOGY.-

Project 75-13-a, hydrothermal pilot plant, $ 1,000,000.

Sec. 102. Limitations.-(a) The Commission is authorized to start any

project set forth in subsection 101(b)(1), (3), (5), (6), (7), (12), and (13)

only if the currently estimated cost of that project does not exceed by more

than 25 per centum the estimated cost set forth for that project.

(b) The Commission is authorized to start any project set forth in

subsection 101 (b) (2), (4), (8), and (10) only if the currently estimated cost

of that project does not exceed by more than 10 per centum the estimated

cost set forth for that project.

(c) The Commission is authorized to start any project under subsection

101 (b)(9) only if it is in accordance with the following:

(1) The maximum currently estimated cost of any project shall be

$500,000 and the maximum currently estimated cost of any building

included in such project shall be $100,000: Provided, That the

building cost limitation may be exceeded if the Commission

determines that it is necessary in the interest of efficiency and

economy.

(2) The total cost of all projects undertaken under subsection

101 (b)(9) shall not exceed the estimated cost set forth in that

subsection by more than 10 per centum.

(d) The total cost of any project undertaken under subsection 101(b)

(1), (3), (5), (6), (7), (12), and (13) shall not exceed the estimated cost set

forth for that project by more than 25 per centum, unless and until

additional appropriations are authorized under section 261 of the Atomic

Energy Act of 1954, as amended, provided that this subsection will not

apply to any project with an estimated cost less than $5,000,000.

(e) The total cost of any project undertaken under subsection 101(b)

(2), (4), (8), (9), and (10) shall not exceed the estimated cost set forth for

that project by more than 10 per centum, unless and until additional

appropriations are authorized under section 261 of the Atomic Energy Act

42 USC 2017.

42 USC 2017,

2

Public Law 93-576 (88 Stat. 1878) (1978) (1974), section 2, increased this figure from the previously

authorized $208,850,000.

806
of 1954, as amended, provided that this subsection will not apply to any

project with an estimated cost less than $5,000,000.

Construction Sec. 103. The Commission is authorized to perform construction

design services, design services for any Commission construction project whenever (1)

such construction project has been included in a proposed authorization

bill transmitted to the Congress by the Commission, and (2) the

Commission determines that the project is of such urgency that

construction of the project should be initiated promptly upon enactment of

legislation appropriating funds for its construction.

Sec. 104. Any moneys received by the Commission (except sums

received from the disposal of property under the Atomic Energy

Community Act of 1955, as amended (42 USC 2301)), may be retained

by the Commission and credited to its "Operating expenses" appropriation

notwithstanding the provisions of section 3617 of the Revised Statutes (31

USC 484).

Transfer of Sec. 105. Transfers of sums from the "Operating expenses"

sums. appropriation may be made to other agencies of the Government for the

performance of the work for which the appropriation is made, and in such

cases the sums so transferred may be merged with the appropriation to

which transferred.

Transfer of Sec. 106. When so specified in an appropriation Act, transfers of

amounts. amounts between "Operating expenses" and "Plant and capital equipment"

may be made as provided in such appropriation Act.

Sec. 107. AMENDMENT OF PRIOR YEAR ACTS.-

(a) Section 101 of Public Law 89-428, as amended, if further amended

by striking from subsection (b)(3) project 67-3-a, fast flux test facility, the

figure "$87,500,000", and substituting therefor the figure "$420,000,000".

(b) Section 101 of Public Law 91-273, as amended, is further amended

by striking from subsection (b)(1), project 71-1-f, process equipment

modifications, gaseous diffusion plants, the figure "$172,100,000" and

substituting therefor the figure "$295,100,000".

(c) Section 106 of Public Law 91-273, as amended, is further amended

by striking from subsection (a) the figure "$2,000,000" and substituting

therefor the figure "3,000,000", and by adding thereto the following new

subsection (c):

(c) The Commission is hereby authorized to agree, by modification to

the definitive cooperative arrangement reflecting such changes therein as it

31 USC 665. deems appropriate for such purpose, to the following:

(1) to execute and deliver to the other parties to the AEC definitive

contract, the special undertaking of indemnification specified in said

contract, which undertakings shall be subject to availability of

appropriations to the Atomic Energy Commission (or any other

Federal agency to which the Commission's pertinent functions might

be transferred at some future time) and to the provisions of section

3679 of the Revised Statutes, as amended; and

807
(2) to acquire ownership and custody of the property constituting

the Liquid Metal Fast Breeder Reactor power plant or parts thereof,

and to use, decommission, and dispose of said property, as provided

for in the AEC definitive contract.

(d) Section 101 of Public Law 92-314, as amended, is amended by

striking from subsection (b)(4), project 73-4-b, land acquisition, Rocky

Flats, Colorado, the figure "$8,000,000" and substituting therefor the

figure "$11,400,000".

(e) Section 101 of Public Law 93-60 is amended by

(1) striking from subsection (b)(1), project 74-1-a, additional

facilities, high level waste storage, Savannah River, South Carolina,

the figure "$14,000,000" and substituting therefor the figure

"$17,500,000",

(2) striking from subsection (b)(1), project 74-1-g, cascade uprating

program, gaseous diffusion plants, the words "(partial AE and limited

component procurement only)" and further striking the figure

"$6,000,000" and substituting therefore the figure "$183,100,000", and

(3) striking from subsection (b)(2), project 74-2-d, national security

and resources study center, the words "(AE only), site undesignated"

and substituting therefor the words "Los Alamos Scientific Laboratory,

New Mexico" and further striking the figure "$350,000" and

substituting therefor the figure "$4,600,000".

Sec. 108. RESCISSION.-

(a) Public Law 91-44, as amended, is further amended by rescinding

therefrom authorization for a project, except for funds heretofore

obligated, as follows:

Project 70-1-b, bedrock waste storage (AE and site selection drilling

only), Savannah River, South Carolina, $4,300,000.

(b) Public Law 92-84, as amended, is further amended by rescinding

therefrom authorization for a project, except for funds heretofore

obligated, as follows:

Project 72-3-b, national radioactive waste repository, site

undetermined, $3,500,000.

(c) Public Law 92-314, as amended, is further amended by rescinding

therefrom authorization for a project, except for funds heretofore

obligated, as follows:

Project 73-6-c, accelerator improvements, Cambridge Electron

Accelerator, Massachusetts, $75,000.

Title II

42 USC 2187. Sec. 201. Section 157b.(3) of the Atomic Energy Act of 1954, as

amended, is amended by striking out "upon the recommendation of" and

inserting in lieu thereof "after consultation with".

808
K. AEC AUTHORIZATION ACT FOR FISCAL YEAR 1974

Public Law 93-158 87 Stat. 627

November 26, 1973

An Act

To amend Public Law 93-60 to increase the authorization for

appropriations to the Atomic Energy Commission in accordance with

section 261 of the Atomic Energy Act of 1954, as amended, and for

other purposes.

Be it enacted by the Senate and House of Representatives of the United

States ofAmerica in Congress assembled,

That section 101(a) of Public Law 93-60 is hereby amended by striking

therefrom the figure "$1,740,750,000" and substituting the figure

"$1,751,450,000."

Sec. 2. Section 101(b) of Public Law 93-60 is hereby amended by

adding to subsection (b)(1) the following words: Project 74-1-i, additional

waste concentration and salt cake storage facilities, Richland, Washington,

$30,000,000.

809