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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 ac-
tively and in good faith negotiat-
ing with the Secretary for a con-
tract under subsection (a).
‘‘(B) PRECONDITION.—The Commis-
sion, as it deems necessary or appro-
priate, may require as a precondition
to the issuance or renewal of a li-
cense 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
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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 dis-
posed of by the Secretary in the reposi-
tory 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 com-
mences generation of, or takes title to,
such spent fuel or waste.
‘‘(3) ASSIGNMENT.—The rights and du-
ties 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 in-
volved.
‘‘(4) DISPOSAL
CONDITION.—No spent
nuclear fuel or high-level radioactive
waste generated or owned by any depart-
ment 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
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Secretary at the interim storage facility
or repository in the integrated manage-
ment system developed under this Act
unless, in each fiscal year, such depart-
ment 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 re-
coveries realized by the Secretary be-
fore the date of enactment of this Act;
‘‘(B) any appropriations made by
the Congress before the date of enact-
ment of the Nuclear Waste Policy Act
of 1997 to the Nuclear Waste Fund;
and
‘‘(C) all interest paid on amounts
invested by the Secretary of the
Treasury under paragraph (3)(B).
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‘‘(2) USE.—The Nuclear Waste Fund
shall be used only for purposes of the in-
tegrated management system.
‘‘(3) 
ADMINISTRATION
OF
NUCLEAR
WASTE FUND.—
‘‘(A) IN
GENERAL.—The Secretary
of the Treasury shall hold the Nu-
clear Waste Fund and, after consulta-
tion with the Secretary, annually re-
port to the Congress on the financial
condition and operations of the Nu-
clear Waste Fund during the preced-
ing fiscal year.
‘‘(B) AMOUNTS
IN
EXCESS
OF
CUR-
RENT NEEDS.—If the Secretary deter-
mines that the Nuclear Waste Fund
contains at any time amounts in ex-
cess 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 appro-
priate, in obligations of the United
States—
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‘‘(i) having maturities deter-
mined 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 cur-
rent average market yield on out-
standing marketable obligations
of the United States with remain-
ing periods to maturity com-
parable to the maturities of such
investments, except that the in-
terest rate on such investments
shall not exceed the average in-
terest rate applicable to existing
borrowings.
‘‘(C) 
EXEMPTION.—Receipts, 
pro-
ceeds, and recoveries realized by the
Secretary under this section, and ex-
penditures of amounts from the Nu-
clear Waste Fund, shall be exempt
from annual apportionment under
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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 ex-
penditures of funds collected after the date of
enactment of this Act 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 manage-
ment system.
‘‘(e) PROHIBITION
ON USE
OF APPROPRIA-
TIONS
AND NUCLEAR WASTE FUND.—The Sec-
retary shall not make expenditures of funds
collected pursuant to this section or section
403 to design or construct systems and compo-
nents for the transportation, storage, or dis-
posal of spent nuclear fuel from civilian nu-
clear 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
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of the Department of Energy submitted at
such time in accordance with chapter 11
of title 31, United States Code. The budg-
et 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 authoriza-
tion. During each fiscal year, the Sec-
retary 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 implementa-
tion 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 effect October 1, 1998.
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‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MAN-
AGEMENT.
‘‘(a) CONTINUATION OF OFFICE OF CIVILIAN
RADIOACTIVE WASTE MANAGEMENT.—The Office
of Civilian Radioactive Waste Management es-
tablished under section 304(a) of the Nuclear
Waste Policy Act of 1982 as constituted prior
to the date of enactment of this Act, shall con-
tinue in effect subsequent to the date of en-
actment of this Act.
‘‘(b) FUNCTIONS OF DIRECTOR.—The Direc-
tor of the Office shall be responsible for carry-
ing 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.
‘‘(c) AUDITS.—
‘‘(1) STANDARD.—The Office of Civilian
Radioactive Waste Management, its con-
tractors, 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.
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‘‘(2) TIME.—The management prac-
tices and performances of the Office of
Civilian Radioactive Waste Management
shall be audited every 5 years by an inde-
pendent 
management 
consulting 
firm
with significant experience in similar au-
dits 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
Comptroller General of the United States
shall annually make an audit of the Of-
fice, in accordance with such regulations
as the Comptroller General may pre-
scribe. The Comptroller General shall
have access to such books, records, ac-
counts, and other materials of the Office
as the Comptroller General determines to
be necessary for the preparation of such
audit. The Comptroller General shall sub-
mit to the Congress a report on the re-
sults of each audit conducted under this
section.
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‘‘(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 re-
ports shall be public documents and
available to any individual 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 al-
locable to the interim storage or permanent
disposal of spent nuclear fuel, high-level ra-
dioactive waste from atomic energy defense
activities, 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—
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‘‘(1) an appropriate portion of the
costs associated with research and devel-
opment activities with respect to develop-
ment of the interim storage facility and
repository; and
‘‘(2) interest on the principal amounts
due calculated by reference to the appro-
priate Treasury bill rate as if the pay-
ments were made at a point in time con-
sistent 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 re-
quest 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 an-
nual report submitted to Congress under sec-
tion 702, the Secretary shall advise the Con-
gress annually of the amount of spent nuclear
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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 gen-
eral revenues, for carrying out the purposes
of this Act, such sums as may be necessary to
pay the costs of the management of spent nu-
clear fuel and high-level radioactive waste
from atomic energy defense activities as es-
tablished under subsection (a).
‘‘TITLE V—GENERAL AND
MISCELLANEOUS PROVISIONS
‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS.
‘‘If the requirements of any law (other
than the Federal Lands Policy Management
Act of 1976, the Endangered Species Act of
1973, the Migratory Bird Treaty Act of 1918,
and the Federal Water Pollution Control Act
as such Acts pertain to fish and wildlife and
wetlands) 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 re-
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quirements 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 pre-
empted if—
‘‘(1) complying with such requirement
and a requirement of this Act is impos-
sible; 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 Federal 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 necessary to carry out its
responsibilities under this Act pursuant to
the substantive and procedural requirements
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of the State of Nevada. Nothing in this Act
shall be construed to authorize the use of emi-
nent 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 construed 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 Unit-
ed States courts of appeals shall have
original and exclusive jurisdiction over
any civil action—
‘‘(A) for review of any final deci-
sion or action of the Secretary, the
President, or the Commission under
this Act;
‘‘(B) alleging the failure of the
Secretary, the President, or the Com-
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mission to make any decision, or take
any action, required under this Act;
‘‘(C) 
challenging 
the 
constitu-
tionality of any decision made, or ac-
tion taken, under any provision of
this Act; or
‘‘(D) for review of any environ-
mental impact statement prepared or
environmental assessment made pur-
suant 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 pre-
pare such statement with respect to
any such action.
‘‘(2) VENUE.—The venue of any pro-
ceeding under this section shall be in the
judicial circuit in which the petitioner in-
volved 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 deci-
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sion 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 ac-
tion complained of or of the failure to act, and
that a reasonable person acting under the cir-
cumstances would not have known of such de-
cision, 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, ac-
tion, or failure to act.
‘‘(c) APPLICATION OF OTHER LAW.—The pro-
visions 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 En-
ergy Act of 1954 (42 U.S.C. 2239) on an applica-
tion for a license, or for an amendment to an
existing license, filed after January 7, 1983, to
expand the spent nuclear fuel storage capac-
ity at the site of a civilian nuclear power reac-
tor, through the use of high-density fuel stor-
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age racks, fuel rod compaction, the trans-
shipment of spent nuclear fuel to another ci-
vilian nuclear power reactor within the same
utility system, the construction of additional
spent nuclear fuel pool capacity or dry stor-
age capacity, or by other means, the Commis-
sion shall, at the request of any party, provide
an opportunity for oral argument with re-
spect to any matter which the Commission de-
termines 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 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 submis-
sion may be relied upon by the parties during
oral argument. Of the materials that may be
submitted by the parties during oral argu-
ment, the Commission shall only consider
those facts and data that are submitted in the
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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, together with
any remaining questions of law, for reso-
lution in an adjudicatory hearing only if
it determines that—
‘‘(A) there is a genuine and sub-
stantial dispute of fact which can
only be resolved with sufficient accu-
racy by the introduction of evidence
in an adjudicatory hearing; and
‘‘(B) the decision of the Commis-
sion is likely to depend in whole or in
part on the resolution of such dis-
pute.
‘‘(2) DETERMINATION.—In making a de-
termination under this subsection, the
Commission—
‘‘(A) shall designate in writing the
specific facts that are in genuine and
substantial dispute, the reason why
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the decision of the agency is likely to
depend on the resolution of such
facts, and the reason why an adju-
dicatory 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 re-
actor already licensed to operate
at such site, or any civilian nu-
clear 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 oper-
ation 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 construc-
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tion permit or operating license
for a civilian nuclear power reac-
tor at such site, unless—
‘‘(I) 
such 
issue 
results
from any revision of siting or
design criteria by the Com-
mission following such deci-
sion; and
‘‘(II) the Commission de-
termines that such issue sub-
stantially affects the design,
construction, or operation of
the facility or activity for
which such license applica-
tion, authorization, or amend-
ment is being considered.
‘‘(3) APPLICATION.—The provisions of
paragraph (2)(B) shall apply only with re-
spect 
to 
licenses, 
authorizations, 
or
amendments to licenses or authoriza-
tions, applied for under the Atomic En-
ergy 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
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application 
for 
a 
license 
or 
license
amendment received by the Commission
to expand onsite spent fuel storage ca-
pacity by the use of a new technology not
previously approved for use at any nu-
clear power plant by the Commission.
‘‘(c) JUDICIAL REVIEW.—No court shall hold
unlawful or set aside a decision of the Com-
mission in any proceeding described in sub-
section (a) because of a failure by the Com-
mission to use a particular procedure pursu-
ant to this section unless—
‘‘(1) an objection to the procedure
used was presented to the Commission in
a timely fashion or there are extraor-
dinary circumstances that excuse the fail-
ure 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
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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 li-
cense for the disposal of low-level radio-
active waste that an adequate bond, sur-
ety, or other financial arrangement (as
determined by the Commission) will be
provided by a licensee to permit comple-
tion of all requirements established by
the Commission for the decontamination,
decommissioning, site closure, and rec-
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lamation of sites, structures, and equip-
ment used in conjunction with such low-
level radioactive waste. Such financial ar-
rangements 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
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 li-
censes.
‘‘(2) BONDING, SURETY, OR OTHER FINAN-
CIAL
ARRANGEMENTS.—If the Commission
determines that any long-term mainte-
nance or monitoring, or both, will be nec-
essary 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 ar-
rangements as may be necessary to en-
sure that any necessary long-term main-
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tenance or monitoring needed for such
site will be carried out by the person hav-
ing title and custody for such site follow-
ing 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 ter-
mination of the license issued by the
Commission for such disposal, if the Com-
mission determines that—
‘‘(A) the requirements of the Com-
mission for site closure, decommis-
sioning, 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 man-
agement of such site is necessary or
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desirable in order to protect the pub-
lic health and safety, and the environ-
ment.
‘‘(2) PROTECTION.—If the Secretary as-
sumes 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 environ-
ment.
‘‘(c) SPECIAL SITES.—If the low-level radio-
active waste involved is the result of a li-
censed activity to recover zirconium, haf-
nium, and rare earths from source material,
the Secretary, upon request of the owner of
the site involved, shall assume title and cus-
tody of such waste and the land on which it
is disposed when such site has been decon-
taminated and stabilized in accordance with
the requirements established by the Commis-
sion and when such owner has made adequate
financial arrangements approved by the Com-
mission for the long-term maintenance and
monitoring of such site.
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‘‘(2) The Secretary’s spent fuel accept-
ance rate shall be no less than the follow-
ing: 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 acceptance 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 ac-
ceptance 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 para-
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graph (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 radio-
active waste.
‘‘SEC. 509. SUBSEABED OR OCEAN WATER DISPOSAL.
‘‘Notwithstanding any other provision of
law—
‘‘(1) the subseabed or ocean water dis-
posal 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. COMPENSATION.
‘‘The Secretary shall compensate the own-
ers of any land the value of which is dimin-
ished by actions taken under this Act as fol-
lows:
‘‘(1) If the value of the land, as set by
a professional appraiser, is diminished by
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at least 20 percent, the Secretary shall
provide compensation to the owner of the
land so that when the compensation is
added to the value of the land the value
of the land will not be considered as di-
minished; and
‘‘(2) If the value of the land is dimin-
ished by at least 50 percent, the Sec-
retary shall offer to purchase the land at
its value before action was taken under
this Act.
‘‘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
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under section 502(a) of the Nuclear Waste Pol-
icy Act of 1982 as constituted prior to the date
of enactment of this Act, shall continue in ef-
fect subsequent 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 des-
ignate 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 quali-
fications described in subparagraph
(C).
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‘‘(B) 
VACANCIES.—The 
National
Academy of Sciences shall nominate
not less than 2 persons to fill any va-
cancy on the Board from among per-
sons who meet the qualifications de-
scribed 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, in-
cluding 
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 nomi-
nated for appointment to the
Board who is an employee of—
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‘‘(I) the Department of En-
ergy;
‘‘(II) a national laboratory
under contract with the De-
partment of Energy; or
‘‘(III) an entity performing
spent nuclear fuel or high-
level radioactive waste activi-
ties 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 appoint-
ment.
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‘‘SEC. 603. FUNCTIONS.
‘‘The Board shall evaluate the technical
and scientific validity of activities under-
taken by the Secretary after December 22,
1987, including—
‘‘(1) site characterization activities;
and
‘‘(2) activities relating to the packag-
ing 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 affirma-
tions to witnesses appearing before the
Board.
‘‘(b) PRODUCTION OF DOCUMENTS.—
‘‘(1) RESPONSE
TO
INQUIRIES.—Upon
the request of the Chairman or a major-
ity of the members of the Board, and sub-
ject to existing law, the Secretary (or any
contractor of the Secretary) shall provide
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the Board with such records, files, pa-
pers, data, or information as may be nec-
essary 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 in-
clude drafts of such products and docu-
mentation 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, in-
cluding 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 ap-
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point and fix the compensation of such
clerical staff as may be necessary to dis-
charge 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 competi-
tive service, and shall be paid in accord-
ance 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 nec-
essary to discharge the responsibilities of
the Board.
‘‘(2) NUMBER.—Not more than 10 pro-
fessional staff members may be appointed
under this subsection.
‘‘(3) TITLE 5.—Professional staff mem-
bers may be appointed without regard to
the provisions of title 5, United States
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Code, governing appointments in the
competitive service, and may be paid
without regard to the provisions of chap-
ter 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 Chair-
man, the Administrator of General Services
shall provide the Board with necessary ad-
ministrative services, facilities, and support
on a reimbursable basis.
‘‘(b) ACCOUNTING, RESEARCH, AND
TECH-
NOLOGY ASSESSMENT SERVICES.—The Comptrol-
ler General, the Librarian of Congress, and
the Director of the Office of Technology As-
sessment shall, to the extent permitted by law
and subject to the availability of funds, pro-
vide the Board with such facilities, support,
funds and services, including staff, as may be
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necessary for the effective performance of the
functions of the Board.
‘‘(c) ADDITIONAL SUPPORT.—Upon the re-
quest of the Chairman, the Board may secure
directly from the head of any department or
agency of the United States information nec-
essary to enable it to carry out this title.
‘‘(d) MAILS.—The Board may use the Unit-
ed 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 recommenda-
tions.
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‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated
for expenditures such sums as may be nec-
essary 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 Sec-
retary 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 di-
rected 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 ex-
tent practicable, in like manner as a private
business.
‘‘(b) SITE
CHARACTERIZATION.—The Sec-
retary shall employ, on an on-going basis, in-
tegrated 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.
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‘‘SEC. 702. REPORTING.
‘‘(a) INITIAL REPORT.—Within 180 days of
the date of enactment of this Act, the Sec-
retary shall report to Congress on its planned
actions for implementing the provisions of
this Act, including the development of the In-
tegrated Waste Management System. Such re-
port shall include—
‘‘(1) an analysis of the Secretary’s
progress in meeting its statutory and con-
tractual obligation to accept title to, pos-
session of, and delivery of spent nuclear
fuel and high-level radioactive waste be-
ginning no later than January 31, 2000,
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 con-
tracts;
‘‘(3) a detailed description of the Sec-
retary’s contingency plans in the event
that the Secretary is unable to meet the
planned schedule and timeline; and
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‘‘(4) an analysis by the Secretary of its
funding 
needs 
for 
fiscal 
years 
1996
through 2001.
‘‘(b) ANNUAL REPORTS.—On each anniver-
sary of the submittal of the report required by
subsection (a), the Secretary shall make an-
nual 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 Sec-
retary’s schedule and timeline for meet-
ing its obligations under this Act;
‘‘(2) the reasons for such modifica-
tions, and the status of the implementa-
tion 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
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 ac-
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cordance with their terms except to the ex-
tent that the contracts have been modified by
the parties to the contract.