a civil action no later than 180 days after the date such
party acquired actual or constructive knowledge or such de-
cision, 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 nu-
clear power reactor within the same utility system, the con-
struction 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 par-
ties. 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 Com-
mission staff, to submit in written form, at the time of the
oral argument, a summary of the facts, data, and argu-
ments 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 dis-
pute of fact which can only be resolved with suf-
ficient accuracy by the introduction of evidence
in an adjudicatory hearing; and
‘‘(B) the decision of the Commission is like-
ly to depend in whole or in part on the resolu-
tion of such dispute.
‘‘(2) DETERMINATION.—In making a determina-
tion 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 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 per-
mit has been granted at such site, unless the
Commission determines that any such issue
substantially affects the design, construc-
tion, or operation of the facility or activity
for which such license application, author-
ization, 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 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 licenses,
authorizations, or amendments to licenses or author-
izations, 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 sec-
tion shall not apply to the first application for a li-
cense or license amendment received by the Commis-
sion 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 Commis-
sion.
‘‘(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 Com-
mission to use a particular procedure pursuant to this sec-
tion unless—
‘‘(1) an objection to the procedure used was pre-
sented to the Commission in a timely fashion or there
are extraordinary circumstances that excuse the fail-
ure 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 Presi-
dent and to Congress on or after January 1, 2007, but not
later than January 1, 2010, on the need for a second reposi-
tory.
‘‘SEC. 506. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RA-
DIOACTIVE WASTE SITE CLOSURE.
‘‘(a) FINANCIAL ARRANGEMENTS.—
‘‘(1) STANDARDS AND INSTRUCTIONS.—The Com-
mission 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 Com-
mission may deem necessary or desirable to ensure in
the case of each license for the disposal of low-level ra-
dioactive 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, decommission-
ing, 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 En-
ergy 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 termi-
nation 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 dis-
posal, if the Commission determines that—
‘‘(A) the requirements of the Commission for
site closure, decommissioning, and decontamina-
tion have been met by the licensee involved and
that such licensee is in compliance with the pro-
visions 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 en-
vironment.
‘‘(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 decontami-
nated 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 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 ap-
plicants 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 Prior-
ity 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 accept-
ance 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 ad-
justed upward such that within 5 years of the start
of acceptance by the Secretary—
‘‘(A) the total quantity accepted by the Sec-
retary is consistent with the total quantity that
the Secretary would have accepted if the Sec-
retary had began acceptance in 1998, and
‘‘(B) thereafter the acceptance rate is equiv-
alent to the rate that would be in place pursuant
to paragraph (2) above if the Secretary had com-
menced 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 hold-
ers’ 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 Nu-
clear 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 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 qualifications de-
scribed 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