‘‘(1) PRIORITY RANKING.—Acceptance priority
ranking shall be determined by the Department’s
‘Acceptance Priority Ranking’ report.
‘‘(2) ACCEPTANCE RATE.—Except as provided
in paragraph (5), the Secretary’s acceptance rate for
spent nuclear fuel shall be no less than the follow-
ing: 600 MTU in 2003 and 1,200 MTU in 2004,
2,000 MTU in 2005 and 2,000 MTU in 2006, 2,700
MTU in 2007, and 3,000 MTU thereafter.
‘‘(3) OTHER ACCEPTANCES.—In each year, once
the Secretary has achieved the annual acceptance
rate for spent nuclear fuel from civilian nuclear
power reactors established pursuant to the contracts
executed under the Nuclear Waste Policy Act of
1982 (as set forth in the Secretary’s annual capacity
report dated March 1995 (DOE/RW–0457)), the
Secretary—
‘‘(A) shall accept from spent nuclear fuel
from foreign research reactors and spent nu-
clear fuel from naval reactors and high-level ra-
dioactive waste from atomic energy defense ac-
tivities, an amount of spent nuclear fuel and
high-level radioactive waste which is—
‘‘(i) at least 25 percent of the dif-
ference between such annual acceptance
rate and the annual rate specified in para-
graph (2), or
‘‘(ii) 5 percent of the total amount of
spent nuclear fuel and high-level radio-
active waste actually accepted,
whichever is higher. If such amount is less than
the rate prescribed in the preceding sentence,
the Secretary shall accept spent nuclear fuel or
high-level radioactive waste of domestic origin
from civilian nuclear power reactors which have
permanently ceased operation; and
‘‘(B) may, additionally, accept any other
spent nuclear fuel or high-level radioactive
waste.
‘‘(4) EXCEPTION.—If the annual rate under the
acceptance schedule is not achieved, the acceptance
rate of the Secretary of the materials described in
paragraph (3)(A) shall be the greater of the accept-
ance rate prescribed by paragraph (3) and calculated
on the basis of the amount of spent nuclear fuel and
high-level radioactive waste actually received or 5
percent of the total amount of spent nuclear fuel
and high-level radioactive waste actually accepted.
‘‘(5) ADJUSTMENT.—If the Secretary is unable
to begin acceptance by June 30, 2003 at the rate
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 rate
specified in paragraph (2), the acceptance schedule
shall, to the extent practicable, 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 begun acceptance in 2003; and
‘‘(B) thereafter the acceptance rate is
equivalent to the rate that would be in place
pursuant to paragraph (2) if the Secretary had
commenced acceptance in 2003.
‘‘(6) EFFECT ON SCHEDULE.—The acceptance
schedule shall not be affected or modified in any way
as a result of the Secretary’s acceptance of any ma-
terial 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.
‘‘SEC. 510. SEPARABILITY.
‘‘If any provision of this Act, or the application of
such provision to any person or circumstance, is held to
be invalid, the remainder of this Act, or the application
of such provision to persons or circumstances other than
those as to which it is held invalid, shall not be affected
thereby.
‘‘SEC. 511. PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.
‘‘(a) IN GENERAL.—It is the sense of the Congress
that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this
Act should be American-made.
‘‘(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available under this Act, the head
of each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
‘‘(c) PROHIBITION OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available
under this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
‘‘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 Re-
view Board.
‘‘(2) BOARD.—The term ‘Board’ means the Nu-
clear Waste Technical Review Board continued
under section 602.
‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW BOARD.
‘‘(a) CONTINUATION
OF NUCLEAR WASTE TECH-
NICAL REVIEW BOARD.—The Nuclear Waste Technical
Review Board, established under section 502(a) of the Nu-
clear Waste Policy Act of 1982 as constituted prior to the
date of enactment of this Act, shall continue in effect sub-
sequent to the date of enactment of this Act.
‘‘(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 Acad-
emy 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 qualifica-
tions described in subparagraph (C).
‘‘(B) VACANCIES.—The National Academy
of Sciences shall nominate not less than 2 per-
sons to fill any vacancy on the Board from
among persons who meet the qualifications de-
scribed in subparagraph (C).
‘‘(C) NOMINEES.—
‘‘(i) Each person nominated for ap-
pointment to the Board shall be—
‘‘(I) eminent in a field of science
or engineering, including environ-
mental 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 re-
lated 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 En-
ergy; 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, ex-
cept 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, except that a member of the
Board whose term has expired may continue to serve
as a member of the Board until such member’s suc-
cessor has taken office.
‘‘SEC. 603. FUNCTIONS.
‘‘The Board shall evaluate the technical and scientific
validity of activities undertaken by the Secretary after De-
cember 22, 1987, including—
‘‘(1) site characterization activities; and
‘‘(2) activities relating to the packaging or
transportation of spent nuclear fuel or high-level ra-
dioactive 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 appear-
ing before the Board.
‘‘(b) PRODUCTION OF DOCUMENTS.—
‘‘(1) RESPONSE TO INQUIRIES.—Upon the re-
quest of the Chairman or a majority of the members
of the Board, and subject to existing law, the Sec-
retary (or any contractor of the Secretary) shall pro-
vide 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, infor-
mation obtainable under paragraph (1) shall not be
limited to final work products of the Secretary, but
shall include drafts of such products and documenta-
tion of work in progress.
‘‘SEC. 605. COMPENSATION OF MEMBERS.
‘‘(a) IN GENERAL.—Each member of the Board
shall, subject to appropriations, 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, subject to appro-
priations, 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 accord-
ance with the provisions of chapter 51 and sub-
chapter III of chapter 3 of such title relating to clas-
sification and General Schedule pay rates.
‘‘(b) PROFESSIONAL STAFF.—
‘‘(1) AUTHORITY
OF
CHAIRMAN.—Subject to
paragraphs (2) and (3), the Chairman may, subject
to appropriations, 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 sub-
section.
‘‘(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 re-
gard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classifica-
tion 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 reim-
bursable 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, in-
cluding staff, as may be necessary for the effective per-
formance 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, subject to appropriations, 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, conclu-
sions, and recommendations.
‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated for expendi-
tures such sums as may be necessary to carry out the pro-
visions 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.
‘‘(b) SITE CHARACTERIZATION.—The Secretary shall
employ, on an on-going basis, integrated performance
modeling to identify appropriate parameters for the re-
maining site characterization effort and to eliminate stud-
ies 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 this Act, the Secretary shall report to
Congress on its planned actions for implementing the pro-
visions of this Act, including the development of the Inte-
grated 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 begin-
ning no later than June 30, 2003, 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 2000 through 2004.
‘‘(b) ANNUAL REPORTS.—On each anniversary of the
submittal of the report required by subsection (a), the Sec-
retary shall make annual reports to the Congress for the
purpose of updating the information contained in such re-
port. The annual reports shall be brief and shall notify
the Congress of—
‘‘(1) any modifications to the Secretary’s sched-
ule 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 Sec-
retary’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 this Act, the
contracts executed under section 302(a) of the Nuclear
Waste Policy Act of 1982 shall continue in effect under
this Act in accordance with their terms except to the ex-
tent that the contracts have been modified by the parties
to the contract.
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