Department of Energy Nuclear Facilities Act of 1989

Summary

Department of Energy Nuclear Facilities Act of 1989 - Title I: Offices of Environment, Safety, and Health and Waste Management and Environmental Restoration Within the Department of Energy - Establishes within the Department of Energy (DOE): (1) an Office of Environment, Safety, and Health to be headed by an Assistant Secretary; and (2) an Office of Waste Management and Environmental Restoration to be headed by an Assistant Secretary. Title II: Application of OSHA to DOE Nuclear Facilities - Directs the Secretary of Energy (the Secretary): (1) to publish a draft plan phasing in application of the Occupational Safety and Health Act of 1970 to DOE nuclear facilities; and (2) to submit the final plan to the Congress within one year after enactment of this Act. Title III: Radiation Research - Directs the Secretary to appoint a Panel for Evaluation of Epidemiological Programs of the Department of Energy to evaluate DOE epidemiology programs and report its findings to the Secretary with respect to DOE epidemiology data management and research programs (including studies of the incidence, distribution, and control of disease occurring in connection with radiation or radionuclides). Sets forth the Panel's structure and provides for its termination after submission of its final report. Requires the Secretary to establish within DOE an Epidemiologic Data Repository containing specified data relating to employee exposure to radiation and radionuclides. Cites circumstances under which the Secretary must grant certain independent researchers access to epidemiologically relevant departmental raw data. Authorizes appropriations for FY 1990 through 1995. Title IV: Radioactive Waste Remediation Research - Requires the Secretary to: (1) establish within DOE a comprehensive research, development, and demonstration program regarding state-of-the-art management of mixed wastes (part solid and part nuclear) generated at DOE nuclear facilities; (2) transfer to the private sector advanced technologies of such mixed waste management; and (3) designate a DOE national laboratory as a mixed waste technology research and development center. Requires such mixed waste technology program to include cost-shared private sector joint ventures and cooperative development. Directs the Nuclear Regulatory Commission to develop model standards and regulations for the disposal of mixed wastes generated at Department nuclear facilities. Directs the Secretary to provide funding for the development of such standards. Authorizes appropriations for FY 1991 through 1995. Title V: Monitoring of Health and Radiological Conditions in the Northern Marshall Islands - Directs the Secretary to continue to maintain a comprehensive program of specified radiological contamination activities in the northern Marshall Islands and to report annually to the Congress. Authorizes appropriations for FY 1991, 1992, and subsequent years. Title VI: Whistleblower Protection - Declares that the employee protection provisions of the Energy Reorganization Act of 1974 apply to DOE nuclear facility contractors and to their employees. Title VII: Mixed Hazardous Waste - Amends the Solid Waste Disposal Act to declare that the definition of solid waste does not include: (1) certain source, special nuclear, or byproduct materials; and (2) waste emplaced in either a specified repository or Waste Isolation Pilot Plant. Title VIII: Nuclear Facilities Cleanup Compliance Agreements - Mandates that a nuclear facilities cleanup compliance agreements be negotiated within 12 months after the date of enactment of this Act among the Secretary, the Administrator of the Environmental Protection Agency, and each affected State in which a noncomplying facility is located. Directs the Secretary to report to the Congress on any failure to reach such an agreement. Declares that in the event of such failure, the Attorney General or the affected State may institute an action in the appropriate Federal district court to determine the content of a compliance agreement. Declares such an action the exclusive means by which failure to reach agreement may be resolved. Declares that during the period in which a cleanup compliance agreement is pending neither DOE nor its nuclear facility contractors shall be liable for noncompliance with environmental laws. Mandates that fines and penalties collected by a State for nuclear facility violations of environmental laws may only be used for environmental protection measures at such facilities. Cites circumstances under which the Secretary may pay attorneys' fees incurred by an individual in connection with an action for violation of Federal or State environmental law.

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Timeline

1. 26 October 1989

   Introduced

   Read twice and referred to the Committee on Energy and Natural Resources.

   Source: IntroReferral

2. 26 October 1989

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 2 November 1989

   Committee

   Committee on Energy and Natural Resources requested executive comment from Departments of Energy, Justice, and Health and Human Services, Environmental Protection Agency, National Academy of Sciences, Office of Management and Budget, and Occupational Safety and Health Administration.

   Source: Committee

4. 13 November 1989

   Committee

   Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 101-658.

   Source: Committee

5. 1 December 1989

   Committee

   Committee on Energy and Natural Resources received executive comment from Department of Labor.

   Source: Committee

6. 28 December 1989

   Committee

   Committee on Energy and Natural Resources received executive comment from Nuclear Regulatory Commission. Favorable.

   Source: Committee

Votes

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Versions

• Introduced in Senate · — · Download file

Documents

2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 26 October 1989

  Open at official source

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Sponsors

• Sen. Johnston, J. Bennett [D-LA] · D · Sponsor
• Sen. McClure, James A. [R-ID] · R · Sponsor
• · sseg00 · Standing

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