‘‘(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 col-
lected 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.
‘‘(g) EFFECTIVE DATE.—This section shall take ef-
fect October 1, 1998.
‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MAN-
AGEMENT.
‘‘(a) CONTINUATION OF OFFICE OF CIVILIAN RADIO-
ACTIVE WASTE MANAGEMENT.—The Office of Civilian
Radioactive Waste Management established under section
304(a) of the Nuclear Waste Policy Act of 1982 as con-
stituted prior to the date of enactment of this Act, shall
continue in effect subsequent to the date of enactment of
this Act.
‘‘(b) FUNCTIONS OF DIRECTOR.—The Director of the
Office shall be responsible for carrying out the functions
of the Secretary under this Act, subject to the general su-
pervision of the Secretary. The Director of the Office shall
be directly responsible to the Secretary.
‘‘(c) AUDITS.—
‘‘(1) STANDARD.—The Office of Civilian Radio-
active Waste Management, its contractors, and sub-
contractors at all tiers, shall conduct, or have con-
ducted, audits and examinations of their operations
in accordance with the usual and customary prac-
tices of private corporations engaged in large nuclear
construction projects consistent with its role in the
program.
‘‘(2) TIME.—The management practices and
performances of the Office of Civilian Radioactive
Waste Management shall be audited every 5 years
by an independent management consulting firm with
significant experience in similar audits of private
corporations engaged in large nuclear construction
projects. The first such audit shall be conducted 5
years after the date of enactment of this Act.
‘‘(3) COMPTROLLER GENERAL.—The Comptrol-
ler General of the United States shall annually make
an audit of the Office, in accordance with such regu-
lations 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 con-
duct. An audit report shall be issued in final form
no longer than 60 days after the audit is com-
menced.
‘‘(5) PUBLIC
DOCUMENTS.—All audit reports
shall be public documents and available to any indi-
vidual upon request.
‘‘SEC. 403. DEFENSE CONTRIBUTION.
‘‘(a) ALLOCATION.—No later than one year from the
date of enactment of this Act, acting pursuant to section
553 of title 5, United States Code, the Secretary shall
issue a final rule establishing the appropriate portion of
the costs of managing spent nuclear fuel and high-level
radioactive waste under this Act allocable to the interim
storage or permanent disposal of spent nuclear fuel, high-
level radioactive waste from atomic energy defense activi-
ties, and spent nuclear fuel from foreign research reactors.
The share of costs allocable to the management of spent
nuclear fuel, high-level radioactive waste from atomic en-
ergy defense activities, and spent nuclear fuel from foreign
research reactors shall include—
‘‘(1) an appropriate portion of the costs associ-
ated with research and development activities with
respect to development of the interim storage facility
and repository; and
‘‘(2) interest on the principal amounts due cal-
culated 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 con-
tracts.
‘‘(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 activi-
ties 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 in-
tegrated management system.
‘‘(d) AUTHORIZATION.—There is authorized to be ap-
propriated 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 of 1954 (42 U.S.C. 2011 et seq.), the
Secretary shall comply only with the requirements of the
Atomic Energy Act of 1954 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 re-
quirement 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. WATER RIGHTS.
‘‘(a) NO FEDERAL RESERVATION.—Nothing in this
Act or any other Act of Congress shall constitute or be
construed to constitute either an express or implied Fed-
eral reservation of water or water rights for any purpose
arising under this Act.
‘‘(b) ACQUISITION
AND
EXERCISE
OF
WATER
RIGHTS UNDER NEVADA LAW.—The United States may
acquire and exercise such water rights as it deems nec-
essary to carry out its responsibilities under this Act pur-
suant to the substantive and procedural requirements of
the State of Nevada. Nothing in this Act shall be con-
strued to authorize the use of eminent domain by the
United States to acquire water rights for such lands.
‘‘(c) EXERCISE
OF WATER RIGHTS GENERALLY
UNDER NEVADA LAWS.—Nothing in this Act shall be con-
strued to limit the exercise of water rights as provided
under Nevada State laws.
‘‘SEC. 503. JUDICIAL REVIEW OF AGENCY ACTIONS.
‘‘(a) JURISDICTION OF UNITED STATES COURTS OF
APPEALS.—
‘‘(1) ORIGINAL
AND
EXCLUSIVE
JURISDIC-
TION.—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 ac-
tion 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 im-
pact statement prepared or environmental as-
sessment made pursuant to the National Envi-
ronmental 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 state-
ment 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 prin-
cipal 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 the party
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 of such
decision, action, or failure to act, such party may bring
a civil action no later than 180 days after the date such
party acquired actual or constructive knowledge of 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 compac-
tion, the transshipment of spent nuclear fuel to another
civilian nuclear power reactor within the same utility sys-
tem, 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 Commis-
sion shall provide. The Commission shall require each
party, including the Commission staff, to submit in writ-
ten 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 sub-
mitted by the parties during oral argument, the Commis-
sion shall only consider those facts and data that are sub-
mitted in the form of sworn testimony or written submis-
sion.
‘‘(b) ADJUDICATORY HEARING.—
‘‘(1) DESIGNATION.—At the conclusion of any
oral argument under subsection (a), the Commission
shall designate any disputed question of fact, to-
gether with any remaining questions of law, for reso-
lution in an adjudicatory hearing only if it deter-
mines that—
‘‘(A) there is a genuine and substantial
dispute of fact which can only be resolved with
sufficient accuracy by the introduction of evi-
dence in an adjudicatory hearing; and
‘‘(B) the decision of the Commission is
likely to depend in whole or in part on the reso-
lution of such dispute.
‘‘(2) DETERMINATION.—In making a deter-
mination under this subsection, the Commission—
‘‘(A) shall designate in writing the specific
facts that are in genuine and substantial dis-
pute, the reason why the decision of the agency
is likely to depend on the resolution of such
facts, and the reason why an adjudicatory hear-
ing 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 per-
mit has been granted at such site, unless
the Commission determines that any such
issue substantially affects the design, con-
struction, or operation of the facility or ac-
tivity for which such license application,
authorization, or amendment is being con-
sidered; or
‘‘(ii) any siting or design issue fully
considered and decided by the Commission
in connection with the issuance of a con-
struction 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 deci-
sion; 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 para-
graph (2)(B) shall apply only with respect to li-
censes, authorizations, or amendments to licenses or
authorizations, applied for under the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) before Decem-
ber 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 Com-
mission to expand onsite spent fuel storage capacity
by the use of a new technology not previously ap-
proved for use at any nuclear power plant by the
Commission.
‘‘(c) JUDICIAL REVIEW.—No court shall hold unlaw-
ful or set aside a decision of the Commission in any pro-
ceeding 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 pre-
cluded 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 Sec-
retary may not conduct site-specific activities with respect
to a second repository unless Congress has specifically au-
thorized 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 deter-
mined by the Commission) will be provided by a li-
censee to permit completion of all requirements es-
tablished by the Commission for the decontamina-
tion, decommissioning, site closure, and reclamation
of sites, structures, and equipment used in conjunc-
tion with such low-level radioactive waste. Such fi-
nancial arrangements shall be provided and ap-
proved 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 en-
tity, prior to issuance of licenses for low-level radio-
active waste disposal or, in the case of licenses in ef-
fect 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 para-
graph (1), the Commission shall ensure before termi-
nation of the license involved that the licensee has
made available such bonding, surety, or other finan-
cial arrangements as may be necessary to ensure
that any necessary long-term maintenance or mon-
itoring needed for such site will be carried out by
the person having title and custody for such site fol-
lowing license termination.
‘‘(b) TITLE AND CUSTODY.—
‘‘(1) AUTHORITY
OF
SECRETARY.—The Sec-
retary shall have authority to assume title and cus-
tody 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 termi-
nation 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 decon-
tamination have been met by the licensee in-
volved and that such licensee is in compliance
with the provisions of subsection (a);
‘‘(B) such title and custody will be trans-
ferred to the Secretary without cost to the Fed-
eral 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 in-
volved, 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 re-
quirements established by the Commission and when such
owner has made adequate financial arrangements ap-
proved 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 pro-
mulgate regulations, or other appropriate regulatory guid-
ance, for the training and qualifications of civilian nuclear
powerplant operators, supervisors, technicians, and other
appropriate operating personnel. Such regulations or guid-
ance 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 require-
ments for civilian nuclear powerplant licensee personnel
training programs.
‘‘SEC. 508. ACCEPTANCE SCHEDULE.
‘‘The acceptance schedule shall be implemented in ac-
cordance with the following:
‘‘(1) Acceptance priority ranking shall be deter-
mined by the Department’s annual ‘Acceptance Pri-
ority Ranking’ report.
‘‘(2) The Secretary’s spent fuel acceptance rate
shall be no less than the following: 1,200 MTU in
2000 and 1,200 MTU in 2001, 2,000 MTU in 2002
and 2,000 MTU in 2003, 2,700 MTU in 2004, and
3,000 MTU thereafter.
‘‘(3) If the Secretary is unable to begin accept-
ance by January 31, 2000 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 speci-
fied 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 Sec-
retary had commenced acceptance in 1998.
‘‘(4) The acceptance schedule shall not be af-
fected or modified in any way as a result of the Sec-
retary’s acceptance of any material other than con-
tract holders’ spent nuclear fuel and high-level radio-
active 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 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.
‘‘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
be paid at the rate of pay payable for level III of the Exec-
utive 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 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 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 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 in-
clude—
‘‘(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 January 31, 2000, and in accord-
ance 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 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.
Æ