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‘‘(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,
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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
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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.
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‘‘(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-
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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.
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‘‘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—
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‘‘(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, 2002, 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;
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‘‘(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.
Passed the House of Representatives October 30,
1997.
Attest:
ROBIN H. CARLE,
Clerk.
Calendar No. 312
105TH CONGRESS
2D SESSION
H. R. 1270
AN ACT
To amend the Nuclear Waste Policy Act of 1982.
FEBRUARY 23, 1998
Received; read twice and placed on the calendar