(3) the Administrator has made the certification required under section 8(d)(1)(B). (f) STUDY OF TRANSPORTATION ALTERNATIVES.— (1) IN GENERAL.-The Secretary shall conduct a study comparing the shipment of transuranic waste to the WIPP facility by truck and by rail, including the use of dedicated trains, and shall submit a report on the study in accordance with paragraph (2). Such report shall include (A) a consideration of occupational and public risks and exposures, and other environmental impacts; (B) a consideration of emergency response capabilities; and (C) an estimation of comparative costs. (2) REPORT.-The report required in paragraph (1) shall be submitted to the Congress not later than 1 year after the date of the enactment of this Act. (g) EMERGENCY RESPONSE MEDICAL TRAINING.— (1) DETERMINATION OF SECRETARY.-If the Secretary determines that emergency response medical training for incidents involving transuranic waste being transported to or from WIPP is inadequate, the Secretary shall take immediate action to correct the inadequacies and, if necessary, suspend transportation of such transuranic waste. If the State disagrees with the Secretary's determination under this paragraph, the State may invoke the conflict resolution provisions of the Agreement. (2) STATE ADVISORY GROUP.-The Secretary shall encourage the Governor of the State to appoint, within 30 days after the date of the enactment of this Act, an advisory group of health professionals and other experts in the field to review emergency response medical training programs for incidents involving transuranic waste being transported to or from WIPP. If such advisory group is established— (A) its purpose shall be to review, within 60 days after its establishment and annually thereafter, the Department of Energy's emergency response medical training programs for incidents involving transuranic waste being transported to or from WIPP, and to report its findings to the State, the Secretary of Labor, acting through the Occupational Safety and Health Administration, and the Secretary; and (B) the Secretary shall review the findings of the advisory group in consultation with the Secretary of Labor, acting through the Occupational Safety and Health Adminis tration. SEC. 17. ACCESS TO INFORMATION. (a) IN GENERAL.-The Secretary shall (1) provide the State, the National Academy of Sciences, and the EEG with free and timely access to data relating to health, safety, or environmental issues at WIPP; (2) provide the State and the EEG with preliminary reports relating to health, safety, or environmental issues at WIPP; and (3) to the extent practicable, permit the State and the EEG to attend meetings relating to health, safety, or environmental issues at WIPP with expert panels and peer review groups. (b) EVALUATION AND PUBLICATION.-The State, the National Academy of Sciences, and the EEG may evaluate and publish analyses of the Secretary's plans for test phase activities, monitoring, transportation, operations, decontamination, retrieval, performance assessment, compliance with Environmental Protection Agency regulations, decommissioning, safety analyses, and other activities relating to WIPP. (c) CONSULTATION AND COOPERATION.-The Secretary shall consult and cooperate with the EEG under the terms of Contract No. DE-AC04-89AL58309 in the performance of its responsibility to conduct an independent technical review and evaluation of WIPP under section 1433 of the National Defense Authorization Act, Fiscal Year 1989 (102 Stat. 2073). SEC. 18. JUDICIAL REVIEW OF EPA ACTIONS. A civil action for judicial review of any final action of the Administrator under this Act may be brought only in the United States Court of Appeals for the Tenth Circuit or for the District of Columbia, and shall be brought not later than the 60th day after the date of such final action. SEC. 19. TECHNOLOGY STUDY. Within 3 years after the date of the enactment of this Act, the Secretary shall submit to the Congress a study reviewing the technologies that are available and that are being developed for the processing or reduction of volumes of radioactive wastes. The study shall include an identification of technologies involving the use of chemical, physical, and thermal (including plasma) processing techniques. SEC. 20. STATEMENT FOR PURPOSES OF PUBLIC LAW 96-164. For purposes of subsection (c) of section 213 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1980 (Pub. L. 96-164; 93 Stat. 1265), this Act shall be considered to amend such section. SEC. 21. CONSULTATION AND COOPERATION AGREEMENT. Nothing in this Act shall affect the Agreement or the Supplemental_Stipulated Agreement between the State and the United States Department of Energy except as explicitly stated herein. SEC. 22. BUY AMERICAN REQUIREMENTS. (a) COMPLIANCE WITH BUY AMERICAN ACT.-No funds appropriated or transferred pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the "Buy American Act"). (b) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD UCTS. (1) IN GENERAL.-In the case of any equipment or product that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and prod ucts. (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance under this Act, the Secretary shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by the Congress. SEC. 23. AUTHORIZATIONS OF APPROPRIATIONS. (a) FOR ADMINISTRATOR. (1) IN GENERAL.-There are authorized to be appropriated to the Administrator for the purpose of fulfilling the responsibilities of the Administrator under this Act, $10,000,000 for fiscal year 1992, $12,000,000 for fiscal year 1993, $14,000,000 for fiscal year 1994, and such sums as may be necessary for fiscal years 1995 through 2001. (2) REPORT.-The Administrator shall, not later than September 30, 1993, and annually thereafter, issue a report to the Congress on the status of and resources required for the fulfillment of the Administrator's responsibilities under this Act. (b) TRANSFERS FROM SECRETARY TO ADMINISTRATOR AND SECRETARY OF LABOR.-The Secretary is authorized to transfer from amounts appropriated for environmental restoration and waste management for fiscal years 1992 and 1993, and (to the extent approved in appropriation Acts) for fiscal years 1994 through 2001, such sums as may be necessary to fulfill the responsibilities of the Administrator under this Act and the Secretary of Labor under paragraphs (4) and (6) of section 6(b). (c) ACQUISITION OF LEASEHOLD.-There are authorized to be appropriated to the Secretary such sums as may be necessary to acquire the Federal Oil and Gas Leases No. NMNM 02953 and No. NMNM 02953C. Π |