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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1020 Reported in House (RH)]

                                                 Union Calendar No. 152

104th CONGRESS

  1st Session

                               H. R. 1020

                      [Report No. 104-254, Part 1]

_______________________________________________________________________

                                 A BILL

             To amend the Nuclear Waste Policy Act of 1982.

_______________________________________________________________________

                            October 24, 1995

 Committed to the Whole House on the State of the Union and ordered to 
                               be printed
                                                 Union Calendar No. 152
104th CONGRESS
  1st Session
                                H. R. 1020

                      [Report No. 104-254, Part 1]

             To amend the Nuclear Waste Policy Act of 1982.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 1995

   Mr. Upton (for himself, Mr. Towns, Mr. Bilirakis, Mr. Manton, Mr. 
  Stearns, Mr. Hall of Texas, Mr. Norwood, Mr. Gordon, Mr. Burr, Mrs. 
 Thurman, Mr. Hastert, Mr. Gillmor, Mr. Moorhead, Mr. Graham, and Mr. 
    Franks of Connecticut) introduced the following bill; which was 
    referred to the Committee on Commerce and, in addition, to the 
  Committees on Resources, Transportation and Infrastructure, and the 
 Budget, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

                           September 20, 1995

       Reported from the Committee on Commerce with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 20, 1995

   Referral to the Committees on Resources and Budget extended for a 
             period ending not later than October 20, 1995

                           September 20, 1995

     The Committee on Transportation and Infrastructure discharged

                            October 19, 1995

 Referral to the Committees on Resources and the Budget extended for a 
             period ending not later than October 24, 1995

                            October 24, 1995

 Additional sponsors: Mr. Weller, Mrs. Collins of Illinois, Mr. Ewing, 
  Mr. Peterson of Minnesota, Mr. Barcia, Mr. Conyers, Mr. Spratt, Mr. 
Fawell, Mr. Peterson of Florida, Mr. Canady of Florida, Mr. Porter, Mr. 
  Hyde, Mr. Stupak, Mrs. Fowler, Mr. Gunderson, Mr. Rohrabacher, Mr. 
     Knollenberg, Mr. Crapo, Mr. Ballenger, Mr. Frelinghuysen, Mr. 
Jefferson, Mr. Minge, Mr. Hutchinson, Mr. Scarborough, Mr. Bachus, Mr. 
Chrysler, Mr. Coble, Mr. Foley, Mr. Collins of Georgia, Mr. LaHood, Mr. 
   Clyburn, Mr. Pickett, Mr. Ehlers, Mr. Foglietta, Mr. Zeliff, Mr. 
Callahan, Mr. Sensenbrenner, Mr. Funderburk, Mrs. Myrick, Mr. Heineman, 
 Mr. Fox of Pennsylvania, Mr. Spence, Mr. Borski, Mr. LaTourette, Mr. 
  Rush, Mr. Klink, Ms. Ros-Lehtinen, Mr. Hilliard, Mr. Lipinski, Ms. 
   Brown of Florida, Mr. Tauzin, Mr. McCrery, Mr. Camp, Mr. Baker of 
Louisiana, Mr. Weldon of Florida, Mr. Hefner, Mr. Bishop, Mr. Payne of 
  Virginia, Mr. Taylor of North Carolina, Mr. Blute, Mr. Linder, Mr. 
 Frisa, Mr. Everett, Mr. Roth, Mr. Deal of Georgia, Mr. Kingston, Ms. 
Rivers, Mr. Cramer, Mr. Hayes, Mr. Montgomery, Mr. Sisisky, Mr. Saxton, 
 Mr. Holden, Mr. King, Mr. Lazio of New York, Mr. Jones, Mr. Chapman, 
Mr. Stump, Mr. Traficant, Mr. Burton of Indiana, Mr. Rose, Mr. Solomon, 
    Mrs. Meyers of Kansas, Mr. McCollum, Mr. Rogers, Mr. Oxley, Mr. 
 Torkildsen, Mr. Goodlatte, Mr. Bartlett of Maryland, Mrs. Johnson of 
 Connecticut, Mr. Cremeans, Mr. Gutknecht, Mr. McHale, Mr. Petri, Mr. 
Quillen, Mr. Gutierrez, Mr. Bunning of Kentucky, Mr. Young of Florida, 
  Mr. Manzullo, Mr. Rahall, Mr. McIntosh, Mr. Roberts, Mr. Skeen, Mr. 
 Duncan, Mr. Barton of Texas, Mrs. Clayton, Mr. Clinger, Mr. Flanagan, 
 Mr. Deutsch, Mr. Packard, Miss Collins of Michigan, Mr. Browder, Mr. 
 Poshard, Ms. Pryce, Mr. Laughlin, Mr. Talent, Mr. Klug, Mr. Costello, 
Mr. Weldon of Pennsylvania, Mr. Paxon, Mr. Gallegly, Mr. Pomeroy, Mrs. 
    Lincoln, Mr. Ackerman, Mr. Goss, Mr. McHugh, Mr. Chambliss, Mr. 
 Boucher, Mr. Hastings of Florida, Mr. Martini, Mr. Cooley, Mr. Gekas, 
    Mr. Smith of New Jersey, Mr. Mfume, Mr. Bonior, Mr. Kildee, Mr. 
 LoBiondo, Mr. Mica, Mr. Fattah, Mr. Crane, Mr. Shaw, Mr. Ehrlich, Mr. 
   Kanjorski, Mr. Frost, Mr. Wicker, Mr. Taylor of Mississippi, Mr. 
    Nethercutt, Mr. Greenwood, Mrs. Meek of Florida, Mr. Bryant of 
 Tennessee, Mr. Leach, Mr. Baldacci, Mr. Barr of Georgia, Mr. Allard, 
 Mr. Watt of North Carolina, Mr. Stockman, Mr. Walsh, Mr. Ramstad, Mr. 
 Johnson of South Dakota, Mr. Davis, Mr. Stenholm, Mr. Brownback, Mr. 
Parker, Mr. Flake, Mr. Scott, Mr. Latham, Mr. Sam Johnson of Texas, Mr. 
 Royce, Mr. Wamp, Mr. Hoke, Mr. Bateman, and Mr. Hastings of Washington

                            October 24, 1995

  The Committees on Resources and the Budget discharged from further 
  consideration; committed to the Committee of the Whole House on the 
             State of the Union, and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           February 23, 1995]

_______________________________________________________________________

                                 A BILL

 
             To amend the Nuclear Waste Policy Act of 1982.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENT OF NUCLEAR WASTE POLICY ACT OF 1982.

    The Nuclear Waste Policy Act of 1982 is amended to read as follows:

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

    ``(a) Short Title.--This Act may be cited as the `Nuclear Waste 
Policy Act of 1995'.
    ``(b) Table of Contents.--

``Sec. 1. Short title and table of contents.
``Sec. 2. Definitions.
``Sec. 3. Findings and purposes.

                         ``TITLE I--OBLIGATIONS

``Sec. 101. Obligations of the Secretary of Energy.

                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

``Sec. 201. Railroad.
``Sec. 202. Transportation planning.
``Sec. 203. Transportation requirements.
``Sec. 204. Interim storage.
``Sec. 205. Permanent disposal.
``Sec. 206. Land withdrawal.
``Sec. 207. Private storage facilities.

                 ``TITLE III--STATE AND LOCAL RELATIONS

``Sec. 301. Financial assistance.
``Sec. 302. State consultation.
``Sec. 303. Benefits agreements.
``Sec. 304. Content of agreements.
``Sec. 305. Review panel.
``Sec. 306. Consideration in siting facilities.
``Sec. 307. Acceptance of benefits.
``Sec. 308. Restriction on use of funds.

                  ``TITLE IV--FUNDING AND ORGANIZATION

``Sec. 401. Program funding.
``Sec. 402. Office of Civilian Radioactive Waste Management.
``Sec. 403. Defense contribution.

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``Sec. 501. Compliance with other laws.
``Sec. 502. Effect on water rights.
``Sec. 503. Judicial review of agency actions.
``Sec. 504. Licensing of facility expansions and transshipments.
``Sec. 505. Siting a second repository.
``Sec. 506. Financial arrangements for low-level radioactive waste site 
                            closure.
``Sec. 507. Nuclear Regulatory Commission training authorization.
``Sec. 508. Acceptance schedule.
``Sec. 509. Subseabed or ocean water disposal.

            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

``Sec. 601. Definitions.
``Sec. 602. Nuclear Waste Technical Review Board.
``Sec. 603. Functions.
``Sec. 604. Investigatory powers.
``Sec. 605. Compensation of members.
``Sec. 606. Staff.
``Sec. 607. Support services.
``Sec. 608. Report.
``Sec. 609. Authorization of appropriations.
``Sec. 610. Termination of the Board.

                     ``TITLE VII--MANAGEMENT REFORM

``Sec. 701. Management reform initiatives.
``Sec. 702. Reporting.

``SEC. 2. DEFINITIONS.

    ``For purposes of this Act:
            ``(1) Accept, acceptance.--The terms `accept' and 
        `acceptance' mean the Secretary's act of taking possession of 
        spent nuclear fuel or high-level radioactive waste.
            ``(2) Acceptance schedule.--The term `acceptance schedule' 
        means the schedule established by the Secretary for acceptance 
        of spent nuclear fuel and high-level radioactive waste.
            ``(3) Affected indian tribe.--The term `affected Indian 
        tribe' means any Indian tribe--
                    ``(A) within whose reservation boundaries the 
                interim storage facility or a repository for spent 
nuclear fuel or high-level radioactive waste, or both, is proposed to 
be located; or
                    ``(B) whose federally defined possessory or usage 
                rights to other lands outside of the reservation's 
                boundaries arising out of congressionally ratified 
                treaties may be substantially and adversely affected by 
                the locating of such a facility if the Secretary of the 
                Interior finds, upon the petition of the appropriate 
                governmental officials of the tribe, that such effects 
                are both substantial and adverse to the tribe.
            ``(4) Affected unit of local government.--The term 
        `affected unit of local government' means the unit of local 
        government with jurisdiction over the site of a repository or 
        interim storage facility. Such term may, at the discretion of 
        the Secretary, include other units of local government that are 
        contiguous with such unit.
            ``(5) Atomic energy defense activity.--The term `atomic 
        energy defense activity' means any activity of the Secretary 
        performed in whole or in part in carrying out any of the 
        following functions:
                    ``(A) Naval reactors development.
                    ``(B) Weapons activities including defense inertial 
                confinement fusion.
                    ``(C) Verification and control technology.
                    ``(D) Defense nuclear materials production.
                    ``(E) Defense nuclear waste and materials 
                byproducts management.
                    ``(F) Defense nuclear materials security and 
                safeguards and security investigations.
                    ``(G) Defense research and development.
            ``(6) Civilian nuclear power reactor.--The term `civilian 
        nuclear power reactor' means a civilian nuclear power plant 
        required to be licensed under section 103 or 104 b. of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
            ``(7) Commission.--The term `Commission' means the Nuclear 
        Regulatory Commission.
            ``(8) Department.-- The term `Department' means the 
        Department of Energy.
            ``(9) Disposal.--The term `disposal' means the emplacement 
        in a repository of spent nuclear fuel, high-level radioactive 
        waste, or other highly radioactive material with no foreseeable 
        intent of recovery, whether or not such emplacement permits 
        recovery of such material for any future purpose.
            ``(10) Disposal system.--The term `disposal system' means 
        all natural barriers and engineered barriers, and engineered 
        systems and components, that prevent the release of 
        radionuclides from the repository.
            ``(11) Engineered barriers.--The term `engineered barriers' 
        and `engineered systems and components,' means man made 
        components of a disposal system. Such term includes the spent 
        nuclear fuel or high-level radioactive waste form, spent 
        nuclear fuel package or high-level radioactive waste, and other 
        materials placed over and around such packages.
            ``(12) High-level radioactive waste.--The term `high-level 
        radioactive waste' means--
                    ``(A) the highly radioactive material resulting 
                from the reprocessing of spent nuclear fuel, including 
                liquid waste produced directly in reprocessing and any 
                solid material derived from such liquid waste that 
                contains fission products in sufficient concentrations; 
                and
                    ``(B) other highly radioactive material that the 
                Commission, consistent with existing law, determines by 
                rule requires permanent isolation.
            ``(13) Federal agency.--The term `Federal agency' means any 
        Executive agency, as defined in section 105 of title 5, United 
        States Code.
            ``(14) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community of Indians recognized as eligible for the services 
        provided to Indians by the Secretary of the Interior because of 
        their status as Indians including any Alaska Native village, as 
        defined in section 3(c) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1602(c)).
            ``(15) Integrated management system.--The term `integrated 
        management system' means the system developed by the Secretary 
        for the acceptance, transportation, storage, and disposal of 
        spent nuclear fuel and high-level radioactive waste.
            ``(16) Interim storage facility.--The term `interim storage 
        facility' means a facility designed and constructed for the 
        receipt, handling, possession, safeguarding, and storage of 
        spent nuclear fuel and high-level radioactive waste in 
        accordance with title II of this Act.
            ``(17) Interim storage facility site.--The term `interim 
        storage facility site' means the specific site within Area 25 
        of the Nevada Test Site that is designated by the Secretary and 
        withdrawn and reserved in accordance with this Act for the 
        location of the interim storage facility.
            ``(18) Low-level radioactive waste.--The term `low-level 
        radioactive waste' means radioactive material that--
                    ``(A) is not spent nuclear fuel, high-level 
                radioactive waste, transuranic waste, or byproduct 
                material as defined in section 11 e.(2) of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2014(e)(2)); and
                    ``(B) the Commission, consistent with existing law, 
                classifies as low-level radioactive waste.
            ``(19) Metric tons uranium.--The terms `metric tons 
        uranium' and `MTU' means the amount of uranium in the original 
        unirradiated fuel element whether or not the spent nuclear fuel 
        has been reprocessed.
            ``(20) Nuclear waste fund.--The terms `Nuclear Waste Fund' 
        and `waste fund' mean the nuclear waste fund established in the 
        United States Treasury prior to the date of enactment of this 
        Act under section 302(c) of the Nuclear Waste Policy Act of 
        1982.
            ``(21) Office.--The term `Office' means the Office of 
        Civilian Radioactive Waste Management established within the 
        Department prior to the date of enactment of this Act under the 
        provisions of the Nuclear Waste Policy Act of 1982.
            ``(22) Program approach.--The term `program approach' means 
        the Civilian Radioactive Waste Management Program Plan, dated 
        December 19, 1994, as modified by this Act, and as amended from 
        time to time by the Secretary in accordance with this Act.
            ``(23) Repository.--The term `repository' means a system 
        designed and constructed under title II of this Act for the 
        permanent geologic disposal of spent nuclear fuel and high-
        level radioactive waste, including both surface and subsurface 
        areas at which spent nuclear fuel and high-level radioactive 
        waste receipt, handling, possession, safeguarding, and storage 
        are conducted.
            ``(24) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(25) Site characterization.--The term `site 
        characterization' means activities, whether in a laboratory or 
        in the field, undertaken to establish the geologic condition 
        and the ranges of the parameters of a candidate site relevant 
        to the location of a repository, including borings, surface 
        excavations, excavations of exploratory facilities, limited 
        subsurface lateral excavations and borings, and in situ testing 
        needed to evaluate the licensability of a candidate site for 
        the location of a repository, but not including preliminary 
        borings and geophysical testing needed to assess whether site 
        characterization should be undertaken.
            ``(26) Spent nuclear fuel.--The term `spent nuclear fuel' 
        means fuel that has been withdrawn from a nuclear reactor 
        following irradiation, the constituent elements of which have 
        not been separated by reprocessing.
            ``(27) Storage.--The term `storage' means retention of 
        spent nuclear fuel or high-level radioactive waste with the 
        intent to recover such waste or fuel for subsequent use, 
        processing, or disposal.
            ``(28) Withdrawal.--The term `withdrawal' has the same 
        definition as that set forth in the Federal Land Policy and 
        Management Act (43 U.S.C. 1702 and following).
            ``(29) Yucca mountain site.--The term `Yucca Mountain site' 
        means the area in the State of Nevada that is withdrawn and 
        reserved in accordance with this Act for the location of a 
        repository.

``SEC. 3. FINDINGS AND PURPOSES.

    ``(a) Findings.--The Congress finds that--
            ``(1) while spent nuclear fuel can be safely stored at 
        reactor sites, the expeditious movement to and storage of such 
        spent nuclear fuel at a centralized Federal facility will 
        enhance the nation's environmental protection;
            ``(2) while the Federal Government has the responsibility 
        to provide for the centralized interim storage and permanent 
        disposal of spent nuclear fuel and high-level radioactive waste 
        to protect the public health and safety and the environment, 
        the costs of such storage and disposal should be the 
        responsibility of the generators and owners of such waste and 
        fuel, including the Federal Government;
            ``(3) in the interests of protecting the public health and 
        safety, enhancing the nation's environmental protection, 
        promoting the nation's energy security, and ensuring the 
        Secretary's ability to commence acceptance of spent nuclear 
        fuel and high-level radioactive waste no later than January 31, 
        1998, it is necessary for Congress to authorize the interim 
        storage facility; and
            ``(4) deficit-control measures designed to limit 
        appropriation of general revenues have limited the availability 
        of the Nuclear Waste Fund for its intended purposes.
    ``(b) Purposes.--The purposes of this Act are--
            ``(1) to direct the Secretary to develop an integrated 
        management system in accordance with this Act so that the 
        Department can accept spent nuclear fuel or high-level 
        radioactive waste for interim storage commencing no later than 
        January 31, 1998, and for permanent disposal at a repository 
        commencing no later than January 17, 2010;
            ``(2) to provide for the siting, construction, and 
        operation of a repository for permanent geologic disposal of 
        spent nuclear fuel and high-level radioactive waste in order to 
        adequately protect the public and the environment;
            ``(3) to take those actions necessary to ensure that the 
        consumers of nuclear energy, who are funding the Secretary's 
        activities under this Act, receive the services to which they 
        are entitled and realize the benefits of enhanced protection of 
        public health and safety, and the environment, that will ensue 
        from the Secretary's compliance with the obligations imposed by 
        this Act; and
            ``(4) to provide a schedule and process for the expeditious 
        and safe development and commencement of operation of an 
        integrated management system and any necessary modifications to 
        the transportation infrastructure to ensure that the Secretary 
        can commence acceptance of spent nuclear fuel and high-level 
        radioactive waste no later than January 31, 1998.

                         ``TITLE I--OBLIGATIONS

``SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.

    ``(a) Disposal.--The Secretary shall develop and operate a 
repository for the permanent geologic disposal of spent nuclear fuel 
and high-level radioactive waste.
    ``(b) Acceptance.--The Secretary shall accept spent nuclear fuel 
and high-level radioactive waste for storage at the interim storage 
facility pursuant to section 204 in accordance with the acceptance 
schedule, beginning not later than January 31, 1998.
    ``(c) Transportation.--The Secretary shall provide for the 
transportation of spent nuclear fuel and high-level radioactive waste 
accepted by the Secretary.
    ``(d) Integrated Management System.--The Secretary shall 
expeditiously pursue the development of each component of the 
integrated management system, and in so doing shall seek to utilize 
effective private sector management and contracting practices in 
accordance with title VII of this Act.

                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

``SEC. 201. RAILROAD.

    ``(a) Authorization.--The Secretary shall develop and commence 
operation of a rail spur originating in Lincoln County, Nevada, and 
terminating at the interim storage facility site. The Secretary shall 
acquire rights-of-way within the corridor designated in subsection (b) 
as provided in this section and shall construct and operate, or cause 
to be constructed and operated, a railroad and such facilities as are 
required to transport spent nuclear fuel and high-level radioactive 
waste from existing rail systems to the interim storage facility and 
the repository.
    ``(b) Route Designation.--
            ``(1) Rights-of-way and facilities.--The Secretary shall 
        acquire such rights-of-way and develop such facilities within 
        the corridor (referred to as the `Caliente Route') depicted on 
        the map dated July 28, 1995 and on file with the Secretary.
            ``(2) Recommendations.--The Secretary shall consider 
        specific alignment proposals for the Caliente Route made by the 
        State of Nevada and the units of local government within whose 
        jurisdiction passes such route.
            ``(3) Notice and description.--Within 6 months of the date 
        of enactment of this Act, the Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the corridor; and
                    ``(B) file copies of the map referred to in 
                paragraph (1) and the legal description of the corridor 
                with the Congress, the Secretary of the Interior, the 
                Governor of Nevada, the Board of Lincoln County 
                Commissioners, the Board of Nye County Commissioners, 
                and the Archivist of the United States.
            ``(4) Construction.--The map and legal description referred 
        to in paragraph (2) shall have the same force and effect as if 
        they were included in this Act. The Secretary may correct 
        clerical and typographical errors in the map and legal 
        description and make minor adjustments in the boundaries of the 
        corridor.
    ``(c) Withdrawal and Reservation.--
            ``(1) Public lands.--Subject to valid existing rights, the 
        public lands depicted on such map are withdrawn from all forms 
        of entry, appropriation, and disposal under the public land 
        laws, including the mineral leasing laws, the geothermal laws, 
the material sale laws, and the mining laws.
            ``(2) Administrative jurisdiction.--Administrative 
        jurisdiction of such land is transferred from the Secretary of 
        the Interior to the Secretary.
            ``(3) Reservation.--Such lands are reserved for the use of 
        the Secretary for the construction and operation of such 
        transportation facilities and associated activities under this 
        title.
            ``(4) Memorandum of understanding.--The Secretary may also 
        enter into a Memorandum of Understanding with the head of any 
        other department having administrative jurisdiction over other 
        Federal lands used for purposes of the corridor referred to in 
        this section.
    ``(d) National Environmental Policy Act.--
            ``(1) Preliminary decisionmaking activities.--The 
        Secretary's activities in connection with the designation of a 
        route and the acquisition of rights-of-way under this section 
        shall be considered preliminary decisionmaking activities for 
        purposes of the National Environmental Policy Act of 1969. Such 
        activities shall not require the preparation of an 
        environmental impact statement under section 102(2)(C) of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)(C)), or any environmental review under subparagraph (E) 
        or (F) of section 102(2) of such Act, and shall not be delayed 
        pending completion of the environmental impact statement 
        required under paragraph (2).
            ``(2) Transportation facilities.--Construction and 
        operation of transportation facilities within the corridor 
        shall constitute a major Federal action significantly affecting 
        the quality of the human environment for purposes of the 
        National Environmental Policy Act of 1969. The Secretary shall 
        prepare an environmental impact statement on the construction 
        and operation of such facilities prior to commencement of 
        construction. In preparing such statement, the Secretary shall 
        adopt, to the extent practicable, relevant environmental 
        reports that have been developed by other Federal and State 
        agencies.
            ``(3) Considerations.--For purposes of complying with the 
        requirements of the National Environmental Policy Act of 1969 
        and this section, the Secretary need not consider the need for 
        the development or improvement of transportation facilities, 
        the timing of the initial availability of the transportation 
        facilities, alternative routes, or alternative means of 
        transportation.
    ``(e) Construction.--Notwithstanding any State or Federal statute, 
regulation or orders to the contrary, or the pendency of any judicial 
proceeding, the Secretary shall be authorized to commence construction 
of transportation facilities upon compliance with the requirements of 
subsections (a) through (d). No court shall have jurisdiction to enjoin 
the construction of the transportation facilities authorized by this 
section except upon its entry of a final order that the construction is 
not in accord with the provisions of applicable law.
    ``(f) Exemption.--Neither the Secretary nor any person constructing 
or operating railroad facilities under contract with the Secretary 
under this section shall be considered a rail carrier within the 
meaning of section 10102(22) of title 49, United States Code, and shall 
not be subject to the jurisdiction of the Interstate Commerce 
Commission.
    ``(g) Intermodal Transfer.--
            ``(1) Before access.--Until such time as direct rail access 
        is available to the interim storage facility site, the 
        Secretary shall utilize heavy-haul truck transport to move 
        spent nuclear fuel and high-level radioactive waste from the 
        mainline rail line at Caliente, Nevada, to the interim storage 
        facility site.
            ``(2) Capability date.--The Secretary shall develop the 
        capability to commence rail to truck intermodal transfer at 
        Caliente, Nevada, no later than January 31, 1998.
            ``(3) Acquisitions.--The Secretary shall acquire lands and 
        rights-of-way necessary to commence intermodal transfer at 
        Caliente, Nevada.
            ``(4) Replacements.--The Secretary shall acquire and 
        develop on behalf of, and dedicate to, the City of Caliente, 
        Nevada, parcels of land and rights-of-way as required to 
        facilitate replacement of land and city wastewater disposal 
        activities necessary to commence intermodal transfer pursuant 
        to this Act. Replacement of land and city wastewater disposal 
        activities shall occur no later than January 31, 1998.
            ``(5) Notice and map.--Within 6 months of the date of 
        enactment of this Act, the Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the sites and rights-
                of-way to be acquired under this subsection; and
                    ``(B) file copies of a map of such sites and 
                rights-of-way with the Congress, the Secretary of the 
                Interior, the State of Nevada, the Archivist of the 
                United States, the Board of Lincoln County 
                Commissioners, the Board of Nye County Commissioners, 
                and the Caliente City Council.
        Such map and legal description shall have the same force and 
        effect as if they were included in this Act. The Secretary may 
        correct clerical and typographical errors and legal 
        descriptions and make minor adjustments in the boundaries.
            ``(6) Improvements.--The Secretary shall make improvements 
        to existing roadways selected for heavy-haul truck transport 
        between Caliente, Nevada, and the interim storage facility site 
        as necessary to facilitate year-round safe transport of spent 
        nuclear fuel and high-level radioactive waste.
    ``(h) Local Government Involvement.--The Commission shall enter 
into a Memorandum of Understanding with the City of Caliente and 
Lincoln County, Nevada, to provide advice to the Commission regarding 
intermodal transfer and to facilitate on-site representation. 
Reasonable expenses of such representation shall be paid by the 
Secretary.

``SEC. 202. TRANSPORTATION PLANNING.

    ``(a) Transportation Readiness.--The Secretary shall take those 
actions that are necessary and appropriate to ensure that the Secretary 
is able to accept spent nuclear fuel and high-level radioactive waste 
beginning not later than January 31, 1998, and transport such fuel or 
waste to mainline transportation facilities. As soon as is practicable 
following the enactment of this Act, the Secretary shall analyze each 
specific reactor facility in the order of priority established in the 
acceptance schedule, and develop a logistical plan to assure the 
Secretary's ability to transport spent nuclear fuel and high-level 
radioactive waste.
    ``(b) Transportation Planning.--In conjunction with the development 
of the logistical plan in accordance with subsection (a), the Secretary 
shall update and modify, as necessary, the Secretary's transportation 
institutional plans to ensure that institutional issues are addressed 
and resolved on a schedule to support the commencement of 
transportation of spent nuclear fuel and high-level radioactive waste 
to the interim storage facility no later than January 31, 1998. Among 
other things, such planning shall provide a schedule and process for 
addressing and implementing, as necessary, transportation routing 
plans, transportation contracting plans, transportation training in 
accordance with section 203, and transportation tracking programs.

``SEC. 203. TRANSPORTATION REQUIREMENTS.

    ``(a) Package Certification.--No spent nuclear fuel or high-level 
radioactive waste may be transported by or for the Secretary under this 
Act except in packages that have been certified for such purposes by 
the Commission.
    ``(b) State Notification.--The Secretary shall abide by regulations 
of the Commission regarding advance notification of State and local 
governments prior to transportation of spent nuclear fuel or high-level 
radioactive waste under this Act.
    ``(c) Technical Assistance.--The Secretary shall provide technical 
assistance and funds to States, affected units of local government, and 
Indian tribes through whose jurisdiction the Secretary plans to 
transport substantial amounts of spent nuclear fuel or high-level 
radioactive waste for training for public safety officials of 
appropriate units of local government. Training shall cover procedures 
required for safe routine transportation of these materials, as well as 
procedures for dealing with emergency response situations. The 
Secretary's duty to provide technical and financial assistance under 
this subsection shall be limited to amounts specified in annual 
appropriations.
    ``(d) Use of Private Carriers.--The Secretary, in providing for the 
transportation of spent nuclear fuel and high level radioactive waste 
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 by the Secretary of Transportation, in 
consultation with the Secretary, that private industry is unable or 
unwilling to provide such transportation services at a reasonable cost.
    ``(e) Transfer of Title.--Acceptance by the Secretary of any spent 
nuclear fuel or high-level radioactive waste shall constitute a 
transfer of title to the Secretary.

``SEC. 204. INTERIM STORAGE.

    ``(a) Authorization.--The Secretary shall design, construct, and 
operate a facility for the interim storage of spent nuclear fuel and 
high-level radioactive waste. The interim storage facility shall be 
subject to licensing pursuant to the Atomic Energy Act of 1954 in 
accordance with the Commission's regulations governing the licensing of 
independent spent fuel storage installations and shall commence 
operation in phases by January 31, 1998. The interim storage facility 
shall be designed to store spent nuclear fuel from civilian nuclear 
power reactors until the Secretary is able to transfer the spent fuel 
to the repository.
    ``(b) Design.--The design of the interim storage facility shall 
provide for the use of storage technologies licensed or certified by 
the Commission for use at the interim storage facility as necessary to 
ensure compatibility between the interim storage facility and contract 
holders' spent nuclear fuel and facilities, and to facilitate the 
Secretary's ability to meet the Secretary's obligations under this Act.
    ``(c) Licensing.--
            ``(1) Phases.--The interim storage facility shall be 
        licensed by the Commission in two phases in order to commence 
        operations no later than January 31, 1998.
            ``(2) First phase.--No later than 12 months after the date 
        of enactment of the Nuclear Waste Policy Act of 1995, the 
        Secretary shall submit to the Commission an application for a 
        license for the first phase of the interim storage facility. 
        The license issued for the first phase of the interim storage 
        facility shall have a term of 20 years. The interim storage 
        facility licensed in the first phase shall have a capacity of 
        not more than 10,000 MTU. The Commission shall issue a final 
        decision granting or denying the application for the first 
        phase license no later than 16 months from the date of the 
        submittal of the application for such license.
            ``(3) Second phase.--The Secretary shall submit to the 
        Commission an application for a license for the second phase 
        interim storage facility. The license for the second phase 
        facility shall authorize a storage capacity of 40,000 MTU. The 
        license for the second phase shall have an initial term of up 
        to 100 years, and shall be renewable for additional terms upon 
        application of the Secretary.
    ``(d) Additional Authority.--
            ``(1) Construction.--For the purpose of complying with 
        subsection (a), the Secretary may commence site preparation for 
        the interim storage facility as soon as practicable after the 
        date of enactment of the Nuclear Waste Policy Act of 1995 and 
        shall commence construction of the first phase of the interim 
        storage facility subsequent to submittal of the license 
        application except that the Commission shall issue an order 
        suspending such construction at any time if the Commission 
        determines that such construction poses an unreasonable risk to 
        public health and safety or the environment. The Commission 
        shall terminate all or part of such order upon a determination 
        that the Secretary has taken appropriate action to eliminate 
        such risk.
            ``(2) Facility use.--Notwithstanding any otherwise 
        applicable licensing requirement, the Secretary may utilize any 
        facility owned by the Federal Government on the date of 
        enactment of the Nuclear Waste Policy Act of 1995 and within 
        the boundaries of the interim storage facility site, in 
        connection with an imminent and substantial endangerment to 
        public health and safety at the interim storage facility prior 
        to commencement of operations during the second phase.
            ``(3) Acceptance of fuel and waste.--Once the Secretary has 
        achieved the spent nuclear fuel acceptance rate provided by the 
        schedule for contracts executed prior to the date of enactment 
        of Nuclear Waste Policy Act of 1995 under section 302(a) of the 
        Nuclear Waste Policy Act of 1982 the Secretary may accept--
                    ``(A) spent nuclear fuel or high-level radioactive 
                waste of domestic origin from civilian nuclear power 
                reactors which have permanently ceased operation; and
                    ``(B) spent nuclear fuel from foreign research 
                reactors, as necessary to promote nonproliferation 
                objectives.
    ``(e) National Environmental Policy Act of 1969.--
            ``(1) Preliminary decisionmaking activities.--The 
        Secretary's activities under this section, including the 
        selection of a site for the interim storage facility, the 
        preparation and submittal of any license application, and the 
        construction and operation of any facility shall be considered 
        preliminary decisionmaking activities for purposes of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.). 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 U.S.C. 
        4332(2)(C)) or require any environmental review under 
        subparagraph (E) or (F) of such Act.
            ``(2) Environmental impact statement.--
                    ``(A) Final decision.--A final decision of the 
                Commission to grant or deny a license application for 
                the first or second phase of the interim storage 
                facility shall be accompanied by an Environmental 
                Impact Statement prepared under section 102(2)(C) of 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4332(2)(C)). In preparing such Environmental 
                Impact Statement, the Commission--
                            ``(i) shall assume that 40,000 MTU will be 
                        stored at the facility; and
                            ``(ii) shall analyze the impacts of the 
                        transportation of spent nuclear fuel and high-
                        level radioactive waste to the interim storage 
                        facility in a generic manner.
                    ``(B) Considerations.--Such Environmental Impact 
                Statement shall not consider--
                            ``(i) the need for the interim storage 
                        facility, including any individual component 
                        thereof;
                            ``(ii) the time of the initial availability 
                        of the interim storage facility;
                            ``(iii) any alternatives to the storage of 
                        spent nuclear fuel and high-level radioactive 
                        waste at the interim storage facility;
                            ``(iv) any alternatives to the site of the 
                        facility as designated by the Secretary in 
                        accordance with subsection (a);
                            ``(v) any alternatives to the design 
                        criteria for such facility or any individual 
                        component thereof, as specified by the 
                        Secretary in the license application; or
                            ``(vi) the environmental impacts of the 
                        storage of spent nuclear fuel and high-level 
                        radioactive waste at the interim storage 
                        facility beyond the initial term of the license 
                        or the term of the renewal period for which a 
                        license renewal application is made.
    ``(f) Judicial Review.--Judicial review of the Commission's 
environmental impact statement under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) shall be consolidated with 
judicial review of the Commission's licensing decision. No court shall 
have jurisdiction to enjoin the construction or operation of the 
interim storage facility prior to its final decision on review of the 
Commission's licensing action.
    ``(g) Waste Confidence.--The Secretary's obligation to construct 
and operate the interim storage facility in accordance with this 
section and the Secretary's obligation to develop an integrated 
management system in accordance with the provisions of this Act, shall 
provide sufficient and independent grounds for any further findings by 
the Commission of reasonable assurance that spent nuclear fuel and 
high-level radioactive waste will be disposed of safely and on a timely 
basis for purposes of the Commission's decision to grant or amend any 
license to operate any civilian nuclear power reactor under the Atomic 
Energy Act of 1954 (42 U.S.C. 2011 et seq.).
    ``(h) Storage of Defense Material.--
            ``(1) Criteria.--The Commission shall establish criteria 
        for the issuance of an amendment to the interim storage 
        facility license authorizing storage of spent nuclear fuel or 
        high-level radioactive waste from atomic energy defense 
        activities in the interim storage facility. The Secretary shall 
        seek a license amendment to allow for the storage of spent 
        nuclear fuel or high-level radioactive waste from atomic energy 
        defense activities at the interim storage facility.
            ``(2) Acceptance of other fuel.--When the Secretary has 
        achieved the spent nuclear fuel acceptance rate provided by the 
        schedule for contracts executed under section 302(a) of the 
        Nuclear Waste Policy Act of 1982 before the date of enactment 
        of the Nuclear Waste Policy Act of 1995, the Secretary may 
        accept spent nuclear fuel or high-level radioactive waste 
        resulting from atomic energy defense activities.
    ``(i) Savings Clause.--Nothing in this Act shall affect the 
Commission's procedures for the licensing of any technology for the dry 
storage of spent nuclear fuel at the site of any civilian nuclear power 
reactor as adopted by the Commission under section 218 of the Nuclear 
Waste Policy Act of 1982, as in effect prior to the enactment of the 
Nuclear Waste Policy Act of 1995. The establishment of such procedures 
shall not preclude the licensing, under any applicable procedures or 
rules of the Commission in effect prior to such establishment, of any 
technology for the storage of civilian spent nuclear fuel at the site 
of any civilian nuclear power reactor.

``SEC. 205. PERMANENT DISPOSAL.

    ``(a) Site Characterization.--
            ``(1) Guidelines.--The guidelines promulgated by the 
        Secretary and published at 10 CFR part 960 are annulled and 
        revoked and the Secretary shall make no assumptions or 
        conclusions about the licensability of the Yucca Mountain site 
        as a repository by reference to such guidelines.
            ``(2) Site characterization activities.--The Secretary 
        shall carry out appropriate site characterization activities at 
        the Yucca Mountain site in accordance with the Secretary's 
        program approach to site characterization if the Secretary 
        modifies or eliminates those site characterization activities 
        designed to demonstrate the suitability of the site under the 
        guidelines referenced in paragraph (1).
            ``(3) Date.--No later than December 31, 2001, the Secretary 
        shall apply to the Commission for authorization to construct a 
        repository that will commence operations no later than January 
        17, 2010. If, at any time prior to the filing of such 
        application, the Secretary determines that the Yucca Mountain 
        site cannot satisfy the Commission's regulations applicable to 
        the licensing of a geologic repository, the Secretary shall 
        terminate site characterization activities at the site, notify 
        Congress and the State of Nevada of the Secretary's 
        determination and the reasons therefor, and recommend to 
        Congress not later than 6 months after such determination 
        further actions, including the enactment of legislation, that 
        may be needed to manage the Nation's spent nuclear fuel and 
        high-level radioactive waste.
            ``(4) Maximizing capacity.--In developing an application 
        for authorization to construct the repository, the Secretary 
        shall seek to maximize the capacity of the repository.
    ``(b) Licensing.--Within one year of the date of enactment of the 
Nuclear Waste Policy Act of 1995, the Commission shall amend its 
regulations governing the disposal of spent nuclear fuel and high-level 
radioactive waste in geologic repositories to the extent necessary to 
comply with this Act. Subject to subsection (c), such regulations shall 
provide for the licensing of the repository according to the following 
procedures:
            ``(1) Construction authorization.--The Commission shall 
        grant the Secretary a construction authorization for the 
        repository upon determining that there is reasonable assurance 
        that spent nuclear fuel and high-level radioactive waste can be 
        disposed of in the repository--
                    ``(A) in conformity with the Secretary's 
                application, the provisions of this Act, and the 
                regulations of the Commission;
                    ``(B) without unreasonable risk to the health and 
                safety of the public; and
                    ``(C) consistent with the common defense and 
                security.
            ``(2) License.--Following substantial completion of 
        construction and the filing of any additional information 
        needed to complete the license application, the Commission 
        shall issue a license to dispose of spent nuclear fuel and 
        high-level radioactive waste in the repository if the 
        Commission determines that the repository has been constructed 
        and will operate--
                    ``(A) in conformity with the Secretary's 
                application, the provisions of this Act, and the 
                regulations of the Commission;
                    ``(B) without unreasonable risk to the health and 
                safety of the public; and
                    ``(C) consistent with the common defense and 
                security.
            ``(3) Closure.--After emplacing spent nuclear fuel and 
        high-level radioactive waste in the repository and collecting 
        sufficient confirmatory data on repository performance to 
        reasonably confirm the basis for repository closure consistent 
        with the Commission's regulations applicable to the licensing 
        of a repository, as modified in accordance with this Act, the 
        Secretary shall apply to the Commission to amend the license to 
        permit permanent closure of the repository. The Commission 
        shall grant such license amendment upon finding that there is 
        reasonable assurance that the repository can be permanently 
        closed--
                    ``(A) in conformity with the Secretary's 
                application to amend the license, the provisions of 
                this Act, and the regulations of the Commission;
                    ``(B) without unreasonable risk to the health and 
                safety of the public; and
                    ``(C) consistent with the common defense and 
                security.
            ``(4) Post-closure.--The Secretary shall take those actions 
        necessary and appropriate at the Yucca Mountain site to prevent 
        any activity at the site subsequent to repository closure that 
        poses an unreasonable risk of--
                    ``(A) breaching the repository's engineered or 
                geologic barriers: or
                    ``(B) increasing the exposure of individual members 
                of the public to radiation beyond the release standard 
                established in subsection (d)(1).
    ``(c) Modification of Repository Licensing Procedure.--The 
Commission's regulations shall provide for the modification of the 
repository licensing procedure, as appropriate, in the event that the 
Secretary seeks a license to permit the emplacement in the repository, 
on a retrievable basis, of only that quantity of spent nuclear fuel or 
high-level radioactive waste that is necessary to provide the Secretary 
with sufficient confirmatory data on repository performance to 
reasonably confirm the basis for repository closure consistent with 
applicable regulations.
    ``(d) Licensing Standards.--Notwithstanding any other provision of 
law, the Administrator of the Environmental Protection Agency shall not 
promulgate, by rule or otherwise, standards for protection of the 
public from releases of radioactive materials or radioactivity from the 
repository and any such standards existing on the date of enactment of 
the Nuclear Waste Policy Act of 1995 shall not be incorporated in the 
Commission's licensing regulations. The Commission's repository 
licensing determinations for the protection of the public shall be 
based solely on a finding whether the repository can be operated in 
conformance with the overall system performance standard established in 
paragraph (1)(A) and applied in accordance with the provisions of 
paragraph (1)(B). The Commission shall amend its regulations in 
accordance with subsection (b) to incorporate each of the following 
licensing standards:
            ``(1) Release standard.--
                    ``(A) Establishment of overall system performance 
                standard.--The standard for protection of the public 
                from release of radioactive material or radioactivity 
                from the repository shall prohibit releases that would 
                expose an average member of the general population in 
                the vicinity of the Yucca Mountain site to an annual 
                dose in excess of 100 millirems unless the Commission 
                determines by rule that such standard would constitute 
                an unreasonable risk to health and safety and 
                establishes by rule another standard which will protect 
                health and safety. Such standard shall constitute an 
                overall system performance standard.
                    ``(B) Application of overall system performance 
                standard.--The Commission shall issue the license if it 
                finds reasonable assurance that--
                            ``(i) for the first 1,000 years following 
                        the commencement of repository operations, the 
                        overall system performance standard will be met 
                        based on a deterministic or probabilistic 
                        evaluation of the overall performance of the 
                        disposal system; and
                            ``(ii) for the period commencing after the 
                        first 1,000 years of operation of the 
                        repository and terminating at 10,000 years 
                        after the commencement of operation of the 
                        repository, there is likely to be compliance 
                        with the overall system performance standard 
                        based on regulatory insight gained through the 
                        use of a probabilistic integrated performance 
                        model that uses best estimate assumptions, 
                        data, and methods.
            ``(2) Human intrusion.--The Commission shall assume that, 
        following repository closure, the inclusion of engineered 
        barriers and the Secretary's post-closure actions at the Yucca 
        Mountain site, in accordance with subsection (b)(3), shall be 
        sufficient to--
                    ``(A) prevent any human 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 as specified in paragraph (1).
    ``(e) National Environmental Policy Act.--
            ``(1) Submission of statement.--Construction and operation 
        of the repository shall be considered a major Federal action 
        significantly affecting the quality of the human environment 
        for purposes of the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.). The Secretary shall submit an 
        environmental impact statement on the construction and 
        operation of the repository to the Commission with the 
        application for construction authorization.
            ``(2) Considerations.--For purposes of complying with the 
        requirements of the National Environmental Policy Act of 1969 
        and this section, the Secretary shall not consider in the 
        environmental impact statement the need for the repository, 
        alternative sites or designs for the repository, the time of 
        the initial availability of the repository, or any alternatives 
        to the isolation of spent nuclear fuel and high-level 
        radioactive waste in a repository.
            ``(3) Adoption by commission.--The Secretary's 
        environmental impact statement and any supplements thereto 
        shall, to the extent practicable, be adopted by the Commission 
        in connection with the issuance by the Commission of a 
        construction authorization under subsection (b)(1), a license 
        under subsection (b)(2), or a license amendment under 
        subsection (b)(3). To the extent such statement or supplement 
        is adopted by the Commission, such adoption shall be deemed to 
        also satisfy the responsibilities of the Commission under the 
        National Environmental Policy Act of 1969, and no further 
        consideration shall be required, except that nothing in this 
        subsection shall affect any independent responsibilities of the 
        Commission to protect the public health and safety under the 
        Atomic Energy Act of 1954. In any such statement prepared with 
        respect to the repository, the Commission shall not consider 
        the need for a repository, the time of initial availability of 
        the repository, alternate sites to the Yucca Mountain site, or 
        nongeologic alternatives to such site.
    ``(f) Judicial Review.--No court shall have jurisdiction to enjoin 
issuance of the Commission repository licensing regulations prior to 
its final decision on review of such regulations.

``SEC. 206. LAND WITHDRAWAL.

    ``(a) Withdrawal and Reservation.--
            ``(1) Withdrawal.--Subject to valid existing rights, the 
        interim storage facility site and the Yucca Mountain site, as 
        described in subsection (b), are withdrawn from all forms of 
        entry, appropriation, and disposal under the public land laws, 
        including the mineral leasing laws, the geothermal leasing 
        laws, the material sale laws, and the mining laws.
            ``(2) Jurisdiction.--Jurisdiction of any land within the 
        interim storage facility site and the Yucca Mountain site 
        managed by the Secretary of the Interior or any other Federal 
        officer is transferred to the Secretary.
            ``(3) Reservation.--The interim storage facility site and 
        the Yucca Mountain site are reserved for the use of the 
        Secretary for the construction and operation, respectively, of 
        the interim storage facility and the repository and activities 
        associated with the purposes of this title.
    ``(b) Land Description.--
            ``(1) Boundaries.--The boundaries depicted on the map 
        entitled `Interim Storage Facility Site Withdrawal Map,' dated 
        July 28, 1995, and on file with the Secretary, are established 
        as the boundaries of the Interim Storage Facility site.
            ``(2) Boundaries.--The boundaries depicted on the map 
        entitled `Yucca Mountain Site Withdrawal Map,' dated July 28, 
        1995, and on file with the Secretary, are established as the 
        boundaries of the Yucca Mountain site.
            ``(3) Notice and maps.--Within 6 months of the date of 
        enactment of the Nuclear Waste Policy Act of 1995, the 
        Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the interim storage 
                facility site; and
                    ``(B) file copies of the maps described in 
                paragraph (1), and the legal description of the interim 
                storage facility site with the Congress, the Secretary 
                of the Interior, the Governor of Nevada, and the 
                Archivist of the United States.
            ``(4) Notice and maps.--Concurrent with the Secretary's 
        application to the Commission for authority to construct the 
        repository, the Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the Yucca Mountain 
                site; and
                    ``(B) file copies of the maps described in 
                paragraph (2), and the legal description of the Yucca 
                Mountain site with the Congress, the Secretary of the 
                Interior, the Governor of Nevada, and the Archivist of 
                the United States.
            ``(5) Construction.--The maps and legal descriptions of the 
        interim storage facility site and the Yucca Mountain site 
        referred to in this subsection shall have the same force and 
effect as if they were included in this Act. The Secretary may correct 
clerical and typographical errors in the maps and legal descriptions 
and make minor adjustments in the boundaries of the sites.

``SEC. 207. PRIVATE STORAGE FACILITIES.

    ``(a) Commission Action.--Upon application by one or more private 
entities for a license for an independent spent fuel storage 
installation not located at the site of a civilian nuclear power 
reactor, the Commission shall review such license applications and 
issue a license for one or more such facilities at the earliest 
practicable date, to the extent permitted by the applicable provisions 
of law and regulation.
    ``(b) Secretary's Actions.--The Secretary shall encourage efforts 
to develop private facilities for the storage of spent nuclear fuel by 
providing any requested information and assistance, as appropriate, to 
the developers of such facilities and to state and local governments 
and Indian Tribes within whose jurisdictions such facilities may be 
located, and shall cooperate with the developers of such facilities to 
facilitate compatibility between such facilities and the integrated 
management system.
    ``(c) Obligation.--The Secretary shall satisfy the Secretary's 
obligations under this Act notwithstanding the development of private 
facilities for the storage of spent nuclear fuel or high-level 
radioactive waste.

                 ``TITLE III--STATE AND LOCAL RELATIONS

``SEC. 301. FINANCIAL ASSISTANCE.

    ``(a) Payments.--The Secretary shall make payments to the State of 
Nevada and any affected unit of local government for purposes of 
enabling such State or affected unit of local government--
            ``(1) to review activities taken with respect to the Yucca 
        Mountain site for purposes of determining any potential 
        economic, social, public health and safety, and environmental 
        impacts of the integrated management system on such State, or 
        affected unit of local government and its residents;
            ``(2) to develop a request for impact assistance under 
        subsection (c);
            ``(3) to engage in any monitoring, testing, or evaluation 
        activities with regard to such site;
            ``(4) to provide information to Nevada residents regarding 
        any activities of such State, the Secretary, or the Commission 
        with respect to such site; and
            ``(5) to request information from, and make comments and 
        recommendations to, the Secretary regarding any activities 
        taken with respect to such site.
    ``(b) Salary and Travel Expenses.--Any salary or travel expense 
that would ordinarily be incurred by the State of Nevada or any 
affected unit of local government may not be considered eligible for 
funding under this section.
    ``(c) Financial and Technical Assistance.--
            ``(1) Assistance requests.--The Secretary shall offer to 
        provide financial and technical assistance to the State of 
        Nevada, and any affected unit of local government requesting 
        such assistance. Such assistance shall be designed to mitigate 
        the impact on such State or affected unit of local government 
        of the development of the integrated management system.
            ``(2) Report.--The State of Nevada and any affected unit of 
        local government may request assistance under this section by 
        preparing and submitting to the Secretary a report on the 
        economic, social, public health and safety, and environmental 
        impacts that are likely to result from activities of the 
        integrated management system.
    ``(d) Other Assistance.--
            ``(1) Taxable amounts.--In addition to financial assistance 
        provided under this subsection, the Secretary 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 integrated management system activities, 
        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.
            ``(2) Termination.--Such assistance shall continue until 
        such time as all such activities, development, and operations 
        are terminated at the Yucca Mountain site.
            ``(3) Assistance to nevada and units of local government.--
                    ``(A) Period.--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 the date on which the Secretary 
                notifies the Governor and legislature of the State of 
                Nevada of the termination of the operation of the 
                integrated management system.
                    ``(B) Activities.--The State of Nevada or any 
                affected unit of local government may not receive any 
                further assistance under this section if the integrated 
                management system activities at such site are 
terminated by the Secretary or if such activities are permanently 
enjoined by any court.

``SEC. 302. STATE CONSULTATION.

    ``(a) Provision of Information.--
            ``(1) Timely and complete information.--The Secretary, the 
        Commission, and other agencies involved in the construction, 
        operation, or regulation of any aspect of the integrated 
        management system in the State of Nevada shall provide to the 
        Governor and legislature of the State of Nevada 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 facilities associated with the integrated 
        management system.
            ``(2) Written response.--Upon written request for such 
        information by the Governor or legislature of the State of 
        Nevada, 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 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 the State of Nevada authorized by this Act, and 
        shall not renew such activities until the Governor or 
        legislature has received the written response to such written 
        request required by this subsection.
    ``(b) Consultation and Cooperation.--The Secretary shall consult 
and cooperate with the Governor and legislature of the State of Nevada 
and with the Board of Nye County Commissioners in an effort to resolve 
concerns regarding the public health and safety, environmental, and 
economic impacts of any activities authorized by this Act. In carrying 
out the Secretary's duties under this Act, the Secretary shall take 
such concerns into account to the maximum extent feasible and as 
specified in written agreements entered into under this section.
    ``(c) Continuation.--Written agreements established under section 
117(c) of the Nuclear Waste Policy Act of 1982 as constituted prior to 
the date of enactment of the Nuclear Waste Policy Act of 1995, shall 
continue in effect subsequent to the date of enactment of the Nuclear 
Waste Policy Act of 1995.
    ``(d) On-Site Representative.--The Secretary shall offer to the 
State of Nevada and Nye County, Nevada, an opportunity to designate a 
representative to conduct on-site oversight activities at such site. 
Reasonable expenses of such representatives shall be paid by the 
Secretary.

``SEC. 303. BENEFITS AGREEMENTS.

    ``(a) In General.--
            ``(1) Separate agreements.--The Secretary shall offer to 
        enter into separate agreements with the State of Nevada, Nye 
        County, Nevada, and Lincoln County, Nevada, concerning the 
        integrated management system.
            ``(2) Agreement with nevada.--Any agreement with the State 
        of Nevada under this section shall be negotiated in 
        consultation with any affected units of local government in the 
        State.
            ``(3) Agreement content.--Any agreement shall contain such 
        terms and conditions, including such financial and 
        institutional arrangements, as the Secretary and agreement 
        entity determine to be reasonable and appropriate and shall 
        contain such provisions as are necessary to preserve any right 
        to participation or compensation of the State of Nevada or 
        affected units of local government, Nye County, Nevada, and 
        Lincoln County, Nevada.
    ``(b) Amendment.--An agreement entered into under subsection (a) 
may be amended only with the mutual consent of the parties to the 
amendment and terminated only in accordance with subsection (c).
    ``(c) Termination.--The Secretary shall terminate an agreement 
under subsection (a) if any element of the integrated management system 
may not be completed.
    ``(d) Limitation.--Only 1 agreement each for the State of Nevada, 
Nye County, Nevada, and Lincoln County, Nevada, may be in effect at any 
one time.
    ``(e) Judicial Review.--Decisions of the Secretary under this 
section are not subject to judicial review.

``SEC. 304. CONTENT OF AGREEMENTS.

    ``(a) In General.--
            ``(1) Schedule.--In addition to the benefits to which the 
        State of Nevada or affected units of local government are 
        entitled under this title, the Secretary shall make payments to 
        the party of a benefits agreement in accordance with the 
        following schedule:

                           ``BENEFITS SCHEDULE                          
                          [Amounts in millions]                         
------------------------------------------------------------------------
                       Event                          State      County 
------------------------------------------------------------------------
(A) Annual payments prior to first receipt of fuel        $5        $2.5
(B) Upon first spent fuel receipt.................        $10        $5 
(C) Annual payments after first spent fuel receipt                      
 until closure of facility........................        $10        $5 
------------------------------------------------------------------------

            ``(2) Definitions.--For purposes of this section, the 
        term--
                    ``(A) `spent fuel' means high-level radioactive 
                waste or spent nuclear fuel; and
                    ``(B) `first spent fuel receipt' does not include 
                receipt of spent fuel or high-level radioactive waste 
                for purposes of testing or operational demonstration.
            ``(3) Annual payments.--Annual payments prior to first 
        spent fuel receipt under paragraph (1)(A) shall be made on the 
        date of execution of the benefits agreement and thereafter on 
        the anniversary date of such execution. Annual payments after 
        the first spent fuel receipt until closure of the facility 
        under paragraph (1)(C) shall be made on the anniversary date of 
        such first spent fuel receipt.
            ``(4) Reduction.--If the first spent fuel payment under 
        paragraph (1)(B) is made within 6 months after the last annual 
        payment prior to the receipt of spent fuel under paragraph 
        (1)(A), such first spent fuel payment under paragraph (1)(B) 
        shall be reduced by an amount equal to \1/12\ of such annual 
        payment under paragraph (1)(A) for each full month less than 6 
        that has not elapsed since the last annual payment under 
        paragraph (1)(A).
            ``(5) Lincoln county.--At the conclusion of the 15-year 
        period after the Secretary's first payment to Lincoln County, 
        Nevada, under the benefits schedule in paragraph (1), the 
        payment of funds to such county shall terminate. Such funding 
        as would have been allocated to Lincoln County shall be 
        incorporated into the payment to the State of Nevada under the 
        benefits schedule. Any benefits agreement with the State of 
        Nevada shall be modified to reflect the requirements of 
        paragraph (7).
            ``(6) Restriction.--Except as provided in paragraph (7), 
        the Secretary may not restrict the purposes for which the 
        payments under this section may be used.
            ``(7) Transfers.--
                    ``(A) Units of local government.--Any State 
                receiving a payment under this section shall transfer 
                an amount equal to not less than \1/3\ of the amount of 
                such payment to affected units of local government of 
                such State.
                    ``(B) Plan.--A plan for this transfer and 
                appropriate allocation of such portion among such 
                governments shall be included in the benefits agreement 
                under section 303 covering such payments.
                    ``(C) Dispute.--In the event of a dispute 
                concerning such plan or transfer, the Secretary shall 
                resolve such dispute, consistent with this Act and 
                applicable State law.
    ``(b) Contents.--A benefits agreement under section 303 shall 
provide that--
            ``(1) the parties to the agreement shall share with one 
        another information relevant to the licensing process for the 
        interim storage facility or repository, as it becomes 
        available;
            ``(2) the State or affected unit of local government that 
        is party to such agreement may comment on the development of 
        the integrated management system and on documents required 
        under law or regulations governing the effects of the system on 
        the public health and safety; and
            ``(3) the State or affected unit of local government may 
        waive its rights, if any, to impact assistance under sections 
        301(a) and 301(c).
    ``(c) Construction.--The signature of the Secretary on a valid 
benefits agreement under section 303 shall constitute a commitment by 
the United States to make payments in accordance with such agreement.

``SEC. 305. REVIEW PANEL.

    ``(a) In General.--There shall be established a Review Panel 
consisting of 7 members as follows:
            ``(1) 1 member selected by the Governor of the State of 
        Nevada.
            ``(2) 2 members selected by affected units of local 
        government.
            ``(3) 1 member selected by the Board of Nye County 
        Commissioners.
            ``(4) 1 member selected by the Board of Lincoln County 
        Commissioners.
            ``(5) 1 member to represent persons paying fees under 
        section 401, to be selected by the Secretary.
            ``(6) 1 member to represent other public interests, to be 
        selected by the Secretary.
    ``(b) Chairman.--The chairman of the Review Panel shall be selected 
by the Review Panel from its members.
    ``(c) Terms.--
            ``(1) Members.--The members of the Review Panel shall serve 
        for terms of 4 years each.
            ``(2) Per diem.--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.--Expenses of the Panel shall be paid by the 
        Secretary.
    ``(d) Duties.--The Review Panel shall--
            ``(1) advise the Secretary on matters relating to the 
        integrated management system including issues relating to 
        design, construction, operation, and decommissioning of the 
        system;
            ``(2) evaluate performance of the integrated management 
        system as it considers appropriate;
            ``(3) recommend corrective actions to the Secretary;
            ``(4) assist in the presentation of State 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.
    ``(e) Information.--The Secretary shall make available promptly any 
information in the Secretary's possession requested by the Panel or its 
Chairman.
    ``(f) Federal Advisory Committee Act.--The requirements of the 
Federal Advisory Committee Act shall not apply to a Review Panel 
established under this title.

``SEC. 306. CONSIDERATION IN SITING FACILITIES.

    ``The Secretary, in siting Federal research projects, shall give 
special consideration to proposals from the State of Nevada.

``SEC. 307. ACCEPTANCE OF BENEFITS.

    ``(a) Consent.--The acceptance or use of any of the benefits 
provided under this title, by the State of Nevada or any affected unit 
of local government thereof, shall not be deemed to be an expression of 
consent, express, or denied, either under the Constitution of the State 
or any law thereof, to the siting of the interim storage facility or 
repository in the State of Nevada, any provision of such Constitution 
or laws to the contrary notwithstanding.
    ``(b) Arguments.--Neither the United States nor any other entity 
may assert any argument based on legal or equitable estoppel, or 
acquiescence, or waiver, or consensual involvement, in response to any 
decision by the State, to oppose the siting in Nevada of the interim 
storage facility or repository premised upon or related to the 
acceptance or use of benefits under this title.
    ``(c) Liability.--No liability of any nature shall accrue to be 
asserted against the State of Nevada, its Governor, any official 
thereof, or any official of any governmental unit thereof, premised 
solely upon the acceptance or use of benefits under this title.

``SEC. 308. RESTRICTION ON USE OF FUNDS.

    ``None of the funding provided under this title may be used--
            ``(1) directly or indirectly to influence legislative 
        action on any matter pending before Congress or a State 
        legislature or for any lobbying activity as provided in section 
        1913 of title 18, United States Code;
            ``(2) for litigation purposes; and
            ``(3) to support multistate efforts or other coalition-
        building activities inconsistent with the purposes of this Act.

                  ``TITLE IV--FUNDING AND ORGANIZATION

``SEC. 401. PROGRAM FUNDING.

    ``(a) Contracts.--
            ``(1) Authority of secretary.--In the performance of the 
        Secretary's functions under this Act, the Secretary is 
        authorized to enter into contracts with any person who 
        generates or holds title to spent nuclear fuel or high-level 
        radioactive waste of domestic origin for the acceptance of 
        title and possession, transportation, interim storage, and 
        disposal of such waste or spent fuel. Such contracts shall 
        provide for the payment of annual fees pursuant to paragraphs 
        (2) and (3). Fees assessed pursuant to this paragraph shall be 
        paid to the Treasury of the United States and shall be 
        available for use by the Secretary pursuant to this section 
        until expended.
            ``(2) Annual fees.--
                    ``(A) Electricity.--For electricity generated by 
                civilian nuclear power reactors and sold on or after 
                the date of enactment of the Nuclear Waste Policy Act 
                of 1995, the aggregate amount of the fees collected 
                during each fiscal year shall be no greater than the 
                annual level of appropriations for expenditures on 
                those activities consistent with subsection (d) for 
                that fiscal year, minus--
                            ``(i) any unobligated balance collected 
                        pursuant to this section during the previous 
                        fiscal year; and
                            ``(ii) the percentage of such 
                        appropriations required to be funded by the 
                        Federal Government pursuant to section 403.
                The Secretary shall determine the level of the annual 
                fee for each civilian nuclear power reactor based on 
                the amount of electricity generated and sold, except 
                that for the period commencing with fiscal year 1997 
                and continuing through fiscal year 2010, the average 
                annual fee collected under this subparagraph shall not 
                exceed 1.0 mill per kilowatt-hour generated and sold 
                and for the period commencing after fiscal year 2010, 
                the annual fee collected under this subparagraph shall 
                not exceed 1.0 mill per kilowatt hour generated and 
                sold. Fees assessed pursuant to this subparagraph shall 
                be paid to the Treasury of the United States and shall 
                be available for use by the Secretary pursuant to this 
                section until expended.
                    ``(B) Expenditures if shortfall.--If, during any 
                fiscal year, the aggregate amount of fees assessed 
                pursuant to subparagraph (A) is less than the annual 
                level of appropriations for expenditures on those 
                activities specified in subsection (d) for that fiscal 
                year, minus--
                            ``(i) any unobligated balance collected 
                        pursuant to this section during the previous 
                        fiscal year; and
                            ``(ii) the percentage of such 
                        appropriations required to be funded by the 
                        Federal Government pursuant to section 403,
                the Secretary may make expenditures from the Nuclear 
                Waste Fund up to the level of the fees assessed.
                    ``(C) Rules.--The Secretary shall, by rule, 
                establish procedures necessary to implement this 
                paragraph.
            ``(3) One-time fee.--The one-time fee collected under 
        contracts executed under section 302(a) of the Nuclear Waste 
        Policy Act of 1982 before the date of enactment of the Nuclear 
        Waste Policy Act of 1995 on spent nuclear fuel, or high-level 
        radioactive waste derived from spent nuclear fuel, which fuel 
        was used to generate electricity in a civilian nuclear power 
        reactor before April 7, 1983, shall be paid to the Treasury. In 
        paying such a fee, the person delivering such spent nuclear 
        fuel or high-level radioactive wastes derived therefrom, to the 
        Secretary shall have no further financial obligation to the 
        Federal Government for the long-term storage and permanent 
        disposal of such spent nuclear fuel or high-level radioactive 
        waste.
    ``(b) Advance Contracting Requirement.--
            ``(1) In general.--
                    ``(A) License issuance and renewal.--The Commission 
                shall not issue or renew a license to any person to use 
                a utilization or production facility under the 
                authority of section 103 or 104 of the Atomic Energy 
                Act of 1954 (42 U.S.C. 2133, 2134) unless--
                            ``(i) such person has entered into a 
                        contract under subsection (a) with the 
                        Secretary; or
                            ``(ii) the Secretary affirms in writing 
                        that such person is actively and in good faith 
                        negotiating with the Secretary for a contract 
                        under this section.
                    ``(B) Precondition.--The Commission, as it deems 
                necessary or appropriate, may require as a precondition 
                to the issuance or renewal of a license under section 
                103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C. 
                2133, 2134) that the applicant for such license shall 
                have entered into an agreement with the Secretary for 
                the disposal of spent nuclear fuel and high-level 
                radioactive waste that may result from the use of such 
                license.
            ``(2) Disposal in repository.--Except as provided in 
        paragraph (1), no spent nuclear fuel or high-level radioactive 
        waste generated or owned by any person (other than a department 
        of the United States referred to in section 101 or 102 of title 
        5, United States Code) may be disposed of by the Secretary in 
        the repository unless the generator or owner of such spent fuel 
        or waste has entered into a contract under subsection (a) with 
        the Secretary by not later than the date on which such 
        generator or owner commences generation of, or takes title to, 
        such spent fuel or waste.
            ``(3) Assignment.--The rights and duties of a party to a 
        contract entered into under this section may be assignable with 
        transfer of title to the spent nuclear fuel or high-level 
        radioactive waste involved.
            ``(4) Disposal condition.--No spent nuclear fuel or high-
        level radioactive waste generated or owned by any department of 
        the United States referred to in section 101 or 102 of title 5, 
        United States Code, may be stored or disposed of by the 
        Secretary at the interim storage facility or repository in the 
        integrated management system developed under this Act unless, 
        each fiscal year, such department funds its appropriate portion 
        of the costs of such storage and disposal as specified in 
        section 403.
    ``(c) Nuclear Waste Fund.--
            ``(1) In general.--The Nuclear Waste Fund established in 
        the Treasury of the United States under section 302(c) of the 
        Nuclear Waste Policy Act of 1982 shall continue in effect under 
        this Act and shall consist of--
                    ``(A) all receipts, proceeds, and recoveries 
                realized by the Secretary before the date of enactment 
                of the Nuclear Waste Policy Act of 1995; and
                    ``(B) any appropriations made by the Congress 
                before the date of enactment of the Nuclear Waste 
                Policy Act of 1995 to the Nuclear Waste Fund.
            ``(2) Use.--The Nuclear Waste Fund shall be used only for 
        purposes of the integrated management system.
            ``(3) Administration of nuclear waste fund.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall hold the Nuclear Waste Fund and, after 
                consultation with the Secretary, annually report to the 
                Congress on the financial condition and operations of 
                the Nuclear Waste Fund during the preceding fiscal 
                year.
                    ``(B) Amounts in excess of current needs.--If the 
                Secretary determines that the Nuclear Waste Fund 
                contains at any time amounts in excess of current 
                needs, the Secretary may request the Secretary of the 
                Treasury to invest such amounts, or any portion of such 
                amounts as the Secretary determines to be appropriate, 
                in obligations of the United States--
                            ``(i) having maturities determined by the 
                        Secretary of the Treasury to be appropriate to 
                        the needs of the Nuclear Waste Fund; and
                            ``(ii) bearing interest at rates determined 
                        to be appropriate by the Secretary of the 
                        Treasury, taking into consideration the current 
                        average market yield on outstanding marketable 
                        obligations of the United States with remaining 
                        periods to maturity comparable to the 
                        maturities of such investments, except that the 
                        interest rate on such investments shall not 
                        exceed the average interest rate applicable to 
                        existing borrowings.
                    ``(C) Exemption.--Receipts, proceeds, and 
                recoveries realized by the Secretary under this 
                section, and expenditures of amounts from the Nuclear 
                Waste Fund, shall be exempt from annual apportionment 
                under the provisions of subchapter II of chapter 15 of 
                title 31, United States Code.
    ``(d) Use of Appropriated Funds.--During each fiscal year, the 
Secretary may make expenditures of funds collected after the date of 
enactment of the Nuclear Waste Policy Act of 1995 under this section 
and section 403, up to the level of appropriations for that fiscal year 
pursuant to subsection (f) only for purposes of the integrated 
management system.
    ``(e) Prohibition on Use of Appropriations and Nuclear Waste 
Fund.--The Secretary shall not make expenditures of funds collected 
pursuant to this section or section 403, either directly or indirectly, 
to design or construct systems and components for the transportation, 
storage, or disposal of spent nuclear fuel from civilian nuclear power 
reactors.
    ``(f) Appropriations.--
            ``(1) Budget.--The Secretary shall submit the budget for 
        implementation of the Secretary's responsibilities under this 
        Act to the Office of Management and Budget triennially along 
        with the budget of the Department of Energy submitted at such 
        time in accordance with chapter 11 of title 31, United States 
        Code. The budget shall consist of the estimates made by the 
        Secretary of expenditures under this Act and other relevant 
        financial matters for the succeeding 3 fiscal years, and shall 
        be included in the budget of the United States Government.
            ``(2) Appropriations.--Appropriations shall be subject to 
        triennial authorization. During each fiscal year, the Secretary 
        may make expenditures, up to the level of appropriations, out 
        of the funds collected pursuant to this section and section 
        403, if the Secretary transmits the amounts appropriated for 
        implementation of this Act to the Commission and the Nuclear 
        Waste Technical Review Board in appropriate proportion to the 
        collection of such funds.

``SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

    ``(a) Continuation of Office of Civilian Radioactive Waste 
Management.--The Office of Civilian Radioactive Waste Management 
established under section 304(a) of the Nuclear Waste Policy Act of 
1982 as constituted prior to the date of enactment of the Nuclear Waste 
Policy Act of 1995, shall continue in effect subsequent to the date of 
enactment of the Nuclear Waste Policy Act of 1995.
    ``(b) Functions of Director.--The Director of the Office shall be 
responsible for carrying out the functions of the Secretary under this 
Act, subject to the general supervision of the Secretary. The Director 
of the Office shall be directly responsible to the Secretary.

``SEC. 403. DEFENSE CONTRIBUTION.

    ``(a) Allocation.--No later than one year from the date of 
enactment of the Nuclear Waste Policy Act of 1995, acting pursuant to 
section 553 of title 5, United States Code, the Secretary shall issue a 
final rule establishing the appropriate portion of the costs of 
managing spent nuclear fuel and high-level radioactive waste under this 
Act allocable to the interim storage or permanent disposal of spent 
nuclear fuel and high-level radioactive waste from atomic energy 
defense activities. The share of costs allocable to the management of 
spent nuclear fuel and high-level radioactive waste from atomic energy 
defense activities shall include--
            ``(1) an appropriate portion of the costs associated with 
        research and development activities with respect to development 
        of the interim storage facility and repository; and
            ``(2) interest on the principal amounts due calculated by 
        reference to the appropriate Treasury bill rate as if the 
        payments were made at a point in time consistent with the 
        payment dates for spent nuclear fuel and high-level radioactive 
        waste under the contracts.
    ``(b) Appropriation Request.--In addition to any request for an 
appropriation from the Nuclear Waste Fund, the Secretary shall request 
annual appropriations from general revenues in amounts sufficient to 
pay the costs of the management of spent nuclear fuel and high-level 
radioactive waste from atomic energy defense activities as established 
under subsection (a).
    ``(c) Report.--In conjunction with the annual report submitted to 
Congress under section 702, the Secretary shall advise the Congress 
annually of the amount of spent nuclear fuel and high-level radioactive 
waste from atomic energy defense activities requiring management in the 
integrated management system.
    ``(d) Authorization.--There is authorized to be appropriated to the 
Secretary, from general revenues, for carrying out the purposes of this 
Act, such sums as may be necessary to pay the costs of the management 
of spent nuclear fuel and high-level radioactive waste from atomic 
energy defense activities as established under subsection (a).

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``SEC. 501. COMPLIANCE WITH OTHER LAWS.

    ``If the requirements of any law are inconsistent with or 
duplicative of the requirements of the Atomic Energy Act and this Act, 
the Secretary shall comply only with the requirements of the Atomic 
Energy Act and this Act in implementing the integrated management 
system. Any requirement of a State or political subdivision of a State 
is preempted if--
            ``(1) complying with such requirement and a requirement of 
        this Act is impossible; or
            ``(2) such requirement, as applied or enforced, is an 
        obstacle to accomplishing or carrying out this Act or a 
        regulation under this Act.

``SEC. 502. EFFECT ON WATER RIGHTS.

    ``The Secretary shall give full consideration whether the 
implementation of this Act may require any purchase or other 
acquisition of water rights that will have a significant adverse effect 
on the present or future development of any area in Nevada. The 
Secretary shall mitigate any such adverse effects to the maximum extent 
practicable.

``SEC. 503. JUDICIAL REVIEW OF AGENCY ACTIONS.

    ``(a) Jurisdiction of United States Courts of Appeals.--
            ``(1) Original and exclusive jurisdiction.--Except for 
        review in the Supreme Court of the United States, and except as 
        otherwise provided in this Act, the United States courts of 
        appeals shall have original and exclusive jurisdiction over any 
        civil action--
                    ``(A) for review of any final decision or action of 
                the Secretary, the President, or the Commission under 
                this Act;
                    ``(B) alleging the failure of the Secretary, the 
                President, or the Commission to make any decision, or 
take any action, required under this Act;
                    ``(C) challenging the constitutionality of any 
                decision made, or action taken, under any provision of 
                this Act; or
                    ``(D) for review of any environmental impact 
                statement prepared or environmental assessment pursuant 
                to the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) with respect to any action under 
                this Act or alleging a failure to prepare such 
                statement with respect to any such action.
            ``(2) Venue.--The venue of any proceeding under this 
        section shall be in the judicial circuit in which the 
        petitioner involved resides or has its principal office, or in 
        the United States Court of Appeals for the District of 
        Columbia.
    ``(b) Deadline for Commencing Action.--A civil action for judicial 
review described under subsection (a)(1) may be brought no later than 
180 days after the date of the decision or action or failure to act 
involved, as the case may be, except that if a party shows that he did 
not know of the decision or action complained of (or of the failure to 
act), and that a reasonable person acting under the circumstances would 
not have known, such party may bring a civil action no later than 180 
days after the date such party acquired actual or constructive 
knowledge or such decision, action, or failure to act.
    ``(c) Application of Other Law.--The provisions of this section 
relating to any matter shall apply in lieu of the provisions of any 
other Act relating to the same matter.

``SEC. 504. LICENSING OF FACILITY EXPANSIONS AND TRANSSHIPMENTS.

    ``(a) Oral Argument.--In any Commission hearing under section 189 
of the Atomic Energy Act of 1954 (42 U.S.C. 2239) on an application for 
a license, or for an amendment to an existing license, filed after 
January 7, 1983, to expand the spent nuclear fuel storage capacity at 
the site of a civilian nuclear power reactor, through the use of high-
density fuel storage racks, fuel rod compaction, the transshipment of 
spent nuclear fuel to another civilian nuclear power reactor within the 
same utility system, the construction of additional spent nuclear fuel 
pool capacity or dry storage capacity, or by other means, the 
Commission shall, at the request of any party, provide an opportunity 
for oral argument with respect to any matter which the Commission 
determines to be in controversy among the parties. The oral argument 
shall be preceded by such discovery procedures as the rules of the 
Commission shall provide. The Commission shall require each party, 
including the Commission staff, to submit in written form, at the time 
of the oral argument, a summary of the facts, data, and arguments upon 
which such party proposes to rely that are known at such time to such 
party. Only facts and data in the form of sworn testimony or written 
submission may be relied upon by the parties during oral argument. Of 
the materials that may be submitted by the parties during oral 
argument, the Commission shall only consider those facts and data that 
are submitted in the form of sworn testimony or written submission.
    ``(b) Adjudicatory Hearing.--
            ``(1) Designation.--At the conclusion of any oral argument 
        under subsection (a), the Commission shall designate any 
        disputed question of fact, together with any remaining 
        questions of law, for resolution in an adjudicatory hearing 
        only if it determines that--
                    ``(A) there is a genuine and substantial dispute of 
                fact which can only be resolved with sufficient 
                accuracy by the introduction of evidence in an 
                adjudicatory hearing; and
                    ``(B) the decision of the Commission is likely to 
                depend in whole or in part on the resolution of such 
                dispute.
            ``(2) Determination.--In making a determination under this 
        subsection, the Commission--
                    ``(A) shall designate in writing the specific facts 
                that are in genuine and substantial dispute, the reason 
                why the decision of the agency is likely to depend on 
                the resolution of such facts, and the reason why an 
                adjudicatory hearing is likely to resolve the dispute; 
                and
                    ``(B) shall not consider--
                            ``(i) any issue relating to the design, 
                        construction, or operation of any civilian 
                        nuclear power reactor already licensed to 
                        operate at such site, or any civilian nuclear 
                        power reactor to which a construction permit 
                        has been granted at such site, unless the 
                        Commission determines that any such issue 
                        substantially affects the design, construction, 
                        or operation of the facility or activity for 
                        which such license application, authorization, 
                        or amendment is being considered; or
                            ``(ii) any siting or design issue fully 
                        considered and decided by the Commission in 
                        connection with the issuance of a construction 
                        permit or operating license for a civilian 
                        nuclear power reactor at such site, unless--
                                    ``(I) such issue results from any 
                                revision of siting or design criteria 
                                by the Commission following such 
                                decision; and
                                    ``(II) the Commission determines 
                                that such issue substantially affects 
                                the design, construction, or operation 
                                of the facility or activity for which 
                                such license application, 
                                authorization, or amendment is being 
                                considered.
            ``(3) Application.--The provisions of paragraph (2)(B) 
        shall apply only with respect to licenses, authorizations, or 
        amendments to licenses or authorizations, applied for under the 
        Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) before 
        December 31, 2005.
            ``(4) Construction.--The provisions of this section shall 
        not apply to the first application for a license or license 
        amendment received by the Commission to expand onsite spent 
        fuel storage capacity by the use of a new technology not 
        previously approved for use at any nuclear power plant by the 
        Commission.
    ``(c) Judicial Review.--No court shall hold unlawful or set aside a 
decision of the Commission in any proceeding described in subsection 
(a) because of a failure by the Commission to use a particular 
procedure pursuant to this section unless--
            ``(1) an objection to the procedure used was presented to 
        the Commission in a timely fashion or there are extraordinary 
        circumstances that excuse the failure to present a timely 
        objection; and
            ``(2) the court finds that such failure has precluded a 
        fair consideration and informed resolution of a significant 
        issue of the proceeding taken as a whole.

``SEC. 505. SITING A SECOND REPOSITORY.

    ``(a) Congressional Action Required.--The Secretary may not conduct 
site-specific activities with respect to a second repository unless 
Congress has specifically authorized and appropriated funds for such 
activities.
    ``(b) Report.--The Secretary shall report to the President and to 
Congress on or after January 1, 2007, but not later than January 1, 
2010, on the need for a second repository.

``SEC. 506. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE WASTE SITE 
              CLOSURE.

    ``(a) Financial Arrangements.--
            ``(1) Standards and instructions.--The Commission shall 
        establish by rule, regulation, or order, after public notice, 
        and in accordance with section 181 of the Atomic Energy Act of 
        1954 (42 U.S.C. 2231), such standards and instructions as the 
        Commission may deem necessary or desirable to ensure in the 
        case of each license for the disposal of low-level radioactive 
        waste that an adequate bond, surety, or other financial 
        arrangement (as determined by the Commission) will be provided 
        by a licensee to permit completion of all requirements 
        established by the Commission for the decontamination, 
        decommissioning, site closure, and reclamation of sites, 
        structures, and equipment used in conjunction with such low-
        level radioactive waste. Such financial arrangements shall be 
        provided and approved by the Commission, or, in the case of 
        sites within the boundaries of any agreement State under 
        section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021), 
        by the appropriate State or State entity, prior to issuance of 
        licenses for low-level radioactive waste disposal or, in the 
        case of licenses in effect on January 7, 1983, prior to 
        termination of such licenses.
            ``(2) Bonding, surety, or other financial arrangements.--If 
        the Commission determines that any long-term maintenance or 
        monitoring, or both, will be necessary at a site described in 
        paragraph (1), the Commission shall ensure before termination 
        of the license involved that the licensee has made available 
        such bonding, surety, or other financial arrangements as may be 
        necessary to ensure that any necessary long-term maintenance or 
        monitoring needed for such site will be carried out by the 
        person having title and custody for such site following license 
        termination.
    ``(b) Title and Custody.--
            ``(1) Authority of secretary.--The Secretary shall have 
        authority to assume title and custody of low-level radioactive 
        waste and the land on which such waste is disposed of, upon 
        request of the owner of such waste and land and following 
        termination of the license issued by the Commission for such 
        disposal, if the Commission determines that--
                    ``(A) the requirements of the Commission for site 
                closure, decommissioning, and decontamination have been 
                met by the licensee involved and that such licensee is 
                in compliance with the provisions of subsection (a);
                    ``(B) such title and custody will be transferred to 
                the Secretary without cost to the Federal Government; 
                and
                    ``(C) Federal ownership and management of such site 
                is necessary or desirable in order to protect the 
                public health and safety, and the environment.
            ``(2) Protection.--If the Secretary assumes title and 
        custody of any such waste and land under this subsection, the 
        Secretary shall maintain such waste and land in a manner that 
        will protect the public health and safety, and the environment.
    ``(c) Special Sites.--If the low-level radioactive waste involved 
is the result of a licensed activity to recover zirconium, hafnium, and 
rare earths from source material, the Secretary, upon request of the 
owner of the site involved, shall assume title and custody of such 
waste and the land on which it is disposed when such site has been 
decontaminated and stabilized in accordance with the requirements 
established by the Commission and when such owner has made adequate 
financial arrangements approved by the Commission for the long-term 
maintenance and monitoring of such site.

``SEC. 507. NUCLEAR REGULATORY COMMISSION TRAINING AUTHORIZATION.

    ``The Commission is authorized and directed to promulgate 
regulations, or other appropriate regulatory guidance, for the training 
and qualifications of civilian nuclear powerplant operators, 
supervisors, technicians, and other appropriate operating personnel. 
Such regulations or guidance shall establish simulator training 
requirements for applicants for civilian nuclear powerplant operator 
licenses and for operator requalification programs; requirements 
governing Commission administration of requalification examinations; 
requirements for operating tests at civilian nuclear powerplant 
simulators, and instructional requirements for civilian nuclear 
powerplant licensee personnel training programs.

``SEC. 508. ACCEPTANCE SCHEDULE.

    ``The acceptance schedule shall be implemented in accordance with 
the following:
            ``(1) Acceptance priority ranking shall be determined by 
        the Department's annual `Acceptance Priority Ranking' report.
            ``(2) The Secretary's spent fuel acceptance rate shall be 
        no less than the following: 1,200 MTU in 1998 and 1,200 MTU in 
        1999; 2,000 MTU in 2000 and 2,000 MTU in 2001; 2,700 MTU in 
        2002; and 3,000 MTU thereafter.
            ``(3) If the Secretary is unable to begin acceptance by 
        January 31, 1998 at the rates specified in paragraph (2), or if 
        the cumulative amount accepted in any year thereafter is less 
        than that which would have been accepted under the acceptance 
        rate specified in paragraph (2), the acceptance schedule shall 
        be adjusted upward such that within 5 years of the start of 
        acceptance by the Secretary--
                    ``(A) the total quantity accepted by the Secretary 
                is consistent with the total quantity that the 
                Secretary would have accepted if the Secretary had 
                began acceptance in 1998, and
                    ``(B) thereafter the acceptance rate is equivalent 
                to the rate that would be in place pursuant to 
                paragraph (2) above if the Secretary had commenced 
                acceptance in 1998.
            ``(4) The acceptance schedule shall not be affected or 
        modified in any way as a result of the Secretary's acceptance 
        of any material other than contract holders' spent nuclear fuel 
        and high-level radioactive waste.

``SEC. 509. SUBSEABED OR OCEAN WATER DISPOSAL.

    ``Notwithstanding any other provision of law--
            ``(1) the subseabed or ocean water disposal of spent 
        nuclear fuel or high-level radioactive waste is prohibited; and
            ``(2) no funds shall be obligated for any activity relating 
        to the subseabed or ocean water disposal of spent nuclear fuel 
        or high-level radioactive waste.

            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

``SEC. 601. DEFINITIONS.

    ``For purposes of this title--
            ``(1) Chairman.--The term `Chairman' means the Chairman of 
        the Nuclear Waste Technical Review Board.
            ``(2) Board.--The term `Board' means the Nuclear Waste 
        Technical Review Board continued under section 602.

``SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW BOARD.

    ``(a) Continuation of Nuclear Waste Technical Review Board.--The 
Nuclear Waste Technical Review Board, established under section 502(a) 
of the Nuclear Waste Policy Act of 1982 as constituted prior to the 
date of enactment of the Nuclear Waste Policy Act of 1995, shall 
continue in effect subsequent to the date of enactment of the Nuclear 
Waste Policy Act of 1995.
    ``(b) Members.--
            ``(1) Number.--The Board shall consist of 11 members who 
        shall be appointed by the President not later than 90 days 
        after December 22, 1987, from among persons nominated by the 
        National Academy of Sciences in accordance with paragraph (3).
            ``(2) Chair.--The President shall designate a member of the 
        Board to serve as Chairman.
            ``(3) National academy of sciences.--
                    ``(A) Nominations.--The National Academy of 
                Sciences shall, not later than 90 days after December 
                22, 1987, nominate not less than 22 persons for 
                appointment to the Board from among persons who meet 
                the qualifications described in subparagraph (C).
                    ``(B) Vacancies.--The National Academy of Sciences 
                shall nominate not less than 2 persons to fill any 
                vacancy on the Board from among persons who meet the 
                qualifications described in subparagraph (C).
                    ``(C) Nominees.--
                            (i) Each person nominated for appointment 
                        to the Board shall be--
                                    ``(I) eminent in a field of science 
                                or engineering, including environmental 
                                sciences; and
                                    ``(II) selected solely on the basis 
                                of established records of distinguished 
                                service.
                            ``(ii) The membership of the Board shall be 
                        representatives of the broad range of 
                        scientific and engineering disciplines related 
                        to activities under this title.
                            ``(iii) No person shall be nominated for 
                        appointment to the Board who is an employee 
                        of--
                                    ``(I) the Department of Energy;
                                    ``(II) a national laboratory under 
                                contract with the Department of Energy; 
                                or
                                    ``(III) an entity performing spent 
                                nuclear fuel or high-level radioactive 
                                waste activities under contract with 
                                the Department of Energy.
            ``(4) Vacancies.--Any vacancy on the Board shall be filled 
        by the nomination and appointment process described in 
        paragraphs (1) and (3).
            ``(5) Terms.--Members of the Board shall be appointed for 
        terms of 4 years, each such term to commence 120 days after 
        December 22, 1987, except that of the 11 members first 
        appointed to the Board, 5 shall serve for 2 years and 6 shall 
        serve for 4 years, to be designated by the President at the 
        time of appointment.

``SEC. 603. FUNCTIONS.

    ``The Board shall evaluate the technical and scientific validity of 
activities undertaken by the Secretary after December 22, 1987, 
including--
            ``(1) site characterization activities; and
            ``(2) activities relating to the packaging or 
        transportation of spent nuclear fuel or high-level radioactive 
        waste.

``SEC. 604. INVESTIGATORY POWERS.

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

``SEC. 605. COMPENSATION OF MEMBERS.

    ``(a) In General.--Each member of the Board shall be paid at the 
rate of pay payable for level III of the Executive Schedule for each 
day (including travel time) such member is engaged in the work of the 
Board.
    ``(b) Travel Expenses.--Each member of the Board may receive travel 
expenses, including per diem in lieu of subsistence, in the same manner 
as is permitted under sections 5702 and 5703 of title 5, United States 
Code.

``SEC. 606. STAFF.

    ``(a) Clerical Staff.--
            ``(1) Authority of chairman.--Subject to paragraph (2), the 
        Chairman may appoint and fix the compensation of such clerical 
        staff as may be necessary to discharge the responsibilities of 
        the Board.
            ``(2) Provisions of title 5.--Clerical staff shall be 
        appointed subject to the provisions of title 5, United States 
        Code, governing appointments in the competitive service, and 
        shall be paid in accordance with the provisions of chapter 51 
        and subchapter III of chapter 3 of such title relating to 
        classification and General Schedule pay rates.
    ``(b) Professional Staff.--
            ``(1) Authority of chairman.--Subject to paragraphs (2) and 
        (3), the Chairman may appoint and fix the compensation of such 
        professional staff as may be necessary to discharge the 
        responsibilities of the Board.
            ``(2) Number.--Not more than 10 professional staff members 
        may be appointed under this subsection.
            ``(3) Title 5.--Professional staff members may be appointed 
        without regard to the provisions of title 5, United States 
        Code, governing appointments in the competitive service, and 
        may be paid without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates, except that no 
        individual so appointed may receive pay in excess of the annual 
        rate of basic pay payable for GS-18 of the General Schedule.

``SEC. 607. SUPPORT SERVICES.

    ``(a) General Services.--To the extent permitted by law and 
requested by the Chairman, the Administrator of General Services shall 
provide the Board with necessary administrative services, facilities, 
and support on a reimbursable basis.
    ``(b) Accounting, Research, and Technology Assessment Services.--
The Comptroller General, 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. 608. REPORT.

    ``The Board shall report not less than 2 times per year to Congress 
and the Secretary its findings, conclusions, and recommendations.

``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for expenditures such 
sums as may be necessary to carry out the provisions of this title.

``SEC. 610. TERMINATION OF THE BOARD.

    ``The Board shall cease to exist not later than one year after the 
date on which the Secretary begins disposal of spent nuclear fuel or 
high-level radioactive waste in the repository.

                     ``TITLE VII--MANAGEMENT REFORM

``SEC. 701. MANAGEMENT REFORM INITIATIVES.

    ``(a) In General.--The Secretary is directed to take actions as 
necessary to improve the management of the civilian radioactive waste 
management program to ensure that the program is operated, to the 
maximum extent practicable, in like manner as a private business. 
Notwithstanding any other provision of law, the civilian radioactive 
waste management program is not subject to laws or regulations 
concerning the civil service as described in this title.
    ``(b) Office of Civilian Radioactive Waste Management Employees.--
            ``(1) Compensation.--The Secretary shall, without regard to 
        section 5301 of title 5, United States Code, fix the 
        compensation of the Director and the Deputy Director of the 
        Office of Civilian Radioactive Waste Management. The Director 
        shall, without regard to section 5301 of title 5, United States 
        Code, fix the compensation for all other Federal employees 
        assigned to the Office of Civilian Radioactive Waste 
        Management, define their duties, and provide for a system of 
        organization to fix responsibility and promote efficiency. The 
        Deputy Director may be removed at the Director's discretion 
        without regard to any laws, rules, or regulations concerning 
        personnel actions in the Civil Service System or Senior 
        Executive Service. Any other Federal employee assigned to the 
        Office of Civilian Radioactive Waste Management may be removed 
        at the discretion of the Secretary or Director without regard 
        to any laws, rules, or regulations concerning personnel actions 
        in the Civil Service System or Senior Executive Service. The 
        Secretary shall ensure that Federal employees assigned to the 
        Office of Civilian Radioactive Waste Management are appointed, 
        promoted, and assigned on the basis of merit and fitness. Other 
        personnel actions shall be consistent with the principles of 
        fairness and due process specified in title 5 of the United 
        States Code, but without regard to those provisions of such 
        title governing appointments and other personnel actions in the 
        competitive service.
            ``(2) Application.--The provisions of paragraph (1) shall 
        not apply to Federal employees who may be, from time to time, 
        temporarily assigned to the Office of Civilian Radioactive 
        Waste Management. The use of temporary assignment of Federal 
        employees to the Office of Civilian Radioactive Waste 
        Management shall not be used in any manner to circumvent the 
        full application of the provisions in paragraph (1).
            ``(3) Transition.--The Secretary shall transition the 
        Federal employees assigned to the Office of Civilian 
        Radioactive Waste Management to the provisions of this section 
        in an orderly manner allowing for the development of the needed 
        procedures. Under no circumstances shall this transition take 
        longer than 6 months from the date of enactment of the Nuclear 
        Waste Policy Act of 1995.
            ``(4) Retention of benefits.--Federal employees assigned to 
        the Office of Civilian Radioactive Waste Management and 
        transitioned to the provisions of this section shall retain 
        employment benefits in effect immediately prior to the 
        transition date. Transitioned employees will continue in the 
        Civil Service System's retirement system.
    ``(c) Audits.--
            ``(1) Standard.--The Office of Civilian Radioactive Waste 
        Management, its contractors, and subcontractors at all tiers, 
        shall conduct, or have conducted, audits and examinations of 
        their operations in accordance with the usual and customary 
        practices of private corporations engaged in large nuclear 
        construction projects consistent with its role in the program.
            ``(2) Time.--The management practices and performances of 
        the Office of Civilian Radioactive Waste Management shall be 
        audited every 5 years by an independent management consulting 
        firm with significant experience in similar audits of private 
        corporations engaged in large nuclear construction projects. 
        The first such audit shall be conducted 5 years after the date 
        of enactment of the Nuclear Waste Policy Act of 1995.
            ``(3) Comptroller general.--The Comptroller General of the 
        United States shall annually make an audit of the Office, in 
        accordance with such regulations as the Comptroller General may 
        prescribe. The Comptroller General shall have access to such 
books, records, accounts, and other materials of the Office as the 
Comptroller General determines to be necessary for the preparation of 
such audit. The Comptroller General shall submit to the Congress a 
report on the results of each audit conducted under this section.
            ``(4) Time.--No audit contemplated by this subsection shall 
        take longer than 30 days to conduct. An audit report shall be 
        issued in final form no longer than 60 days after the audit is 
        commenced.
            ``(5) Public documents.--All audit reports shall be public 
        documents and available to any individual upon request.
    ``(d) Value Engineering.--The Secretary shall create a value 
engineering function within the Office of Civilian Radioactive Waste 
Management that reports directly to the Director, which shall carry out 
value engineering functions in accordance with the usual and customary 
practices of private corporations engaged in large nuclear construction 
projects.
    ``(e) Site Characterization.--The Secretary shall employ, on an on-
going basis, integrated performance modeling to identify appropriate 
parameters for the remaining site characterization effort and to 
eliminate studies of parameters that are shown not to affect long-term 
repository performance.

``SEC. 702. REPORTING.

    ``(a) Initial Report.--Within 180 days of the date of enactment of 
the Nuclear Waste Policy Act of 1995, the Secretary shall report to 
Congress on its planned actions for implementing the provisions of this 
Act, including the development of the Integrated Waste Management 
System. Such report shall include--
            ``(1) an analysis of the Secretary's progress in meeting 
        its statutory and contractual obligation to accept title to, 
        possession of, and delivery of spent nuclear fuel and high-
        level radioactive waste beginning no later than January 31, 
        1998, and in accordance with the acceptance schedule;
            ``(2) a detailed schedule and timeline showing each action 
        that the Secretary intends to take to meet the Secretary's 
        obligations under this Act and the contracts;
            ``(3) a detailed description of the Secretary's contingency 
        plans in the event that the Secretary is unable to meet the 
        planned schedule and timeline; and
            ``(4) an analysis by the Secretary of its funding needs for 
        fiscal years 1996 through 2001.
    ``(b) Annual Reports.--On each anniversary of the submittal of the 
report required by subsection (a), the Secretary shall make annual 
reports to the Congress for the purpose of updating the information 
contained in such report. The annual reports shall be brief and shall 
notify the Congress of--
            ``(1) any modifications to the Secretary's schedule and 
        timeline for meeting its obligations under this Act;
            ``(2) the reasons for such modifications, and the status of 
        the implementation of any of the Secretary's contingency plans; 
        and
            ``(3) the Secretary's analysis of its funding needs for the 
        ensuing 5 fiscal years.''.

SEC. 2. CONTINUATION OF CONTRACTS.

    Subsequent to the date of enactment of the Nuclear Waste Policy Act 
of 1995, the contracts executed under section 302(a) of the Nuclear 
Waste Policy Act of 1982 shall continue in effect under the Nuclear 
Waste Policy Act of 1995 in accordance with their terms except to the 
extent that the contracts have been modified by the parties to the 
contract.
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