`[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1287 Placed on Calendar Senate (PCS)]





                                                       Calendar No. 180

106th CONGRESS

  1st Session

                                S. 1287

                          [Report No. 106-98]

_______________________________________________________________________

                                 A BILL

To provide for the storage of spent nuclear fuel pending completion of 
         the nuclear waste repository, and for other purposes.

_______________________________________________________________________

                             June 24, 1999

                 Read twice and placed on the calendar





                                                       Calendar No. 180
106th CONGRESS
  1st Session
                                S. 1287

                          [Report No. 106-98]

To provide for the storage of spent nuclear fuel pending completion of 
         the nuclear waste repository, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 1999

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
To provide for the storage of spent nuclear fuel pending completion of 
         the nuclear waste repository, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Waste Policy Amendments Act 
of 1999''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``contract holder'' means a party to a 
        contract with the Secretary of Energy for the disposal of spent 
        nuclear fuel or high-level radioactive waste entered into 
        pursuant to section 302(a) of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 1022(a)); and
            (2) the terms ``Administrator'', ``civilian nuclear power 
        reactor'', ``Commission'', ``Department'', ``disposal'', 
        ``high-level radioactive waste'', ``Indian tribe'', 
        ``repository'', ``reservation'', ``Secretary'', ``spent nuclear 
        fuel'', ``State'', ``storage'', ``Waste Fund'', and ``Yucca 
        Mountain site'' shall have the meanings given such terms in 
        section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10101).

                     TITLE I--STORAGE AND DISPOSAL

SEC. 101. PROGRAM SCHEDULE.

    (a) In General.--The President, the Secretary, and the Nuclear 
Regulatory Commission shall carry out their duties under this Act and 
the Nuclear Waste Policy Act of 1982 by the earliest practicable date 
consistent with the public interest and applicable provisions of law.
    (b) Milestones.--
            (1) The Secretary shall make a final decision whether to 
        recommend the Yucca Mountain site for development of the 
        repository to the President by December 31, 2001;
            (2) The President shall make a final decision whether to 
        recommend the Yucca Mountain site for development of the 
        repository to the Congress by March 31, 2002;
            (3) The Nuclear Regulatory Commission shall make a final 
        decision whether to authorize construction of the repository by 
        December 31, 2006; and
            (4) As provided in subsection (c), the Secretary shall 
        begin receiving waste at the repository site at the earliest 
        practicable date after receiving authorization from the Nuclear 
        Regulatory Commission.
    (c) Receipt Facilities.--
            (1) Concurrent with the submission of an application for a 
        construction authorization pursuant to section 114(b) of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(b)), the 
        Secretary shall apply to the Commission for a license to 
        receive and possess spent nuclear fuel and high-level 
        radioactive waste at surface facilities within the geologic 
        repository operations area for the receipt, handling, 
        packaging, and storage prior to emplacement.
            (2) Concurrent with the issuance of the construction 
        authorization under section 114(b) of the Nuclear Waste Policy 
        Act of 1982, the Commission shall issue a license authorizing 
        receipt and possession of spent nuclear fuel and high-level 
        radioactive waste at surface facilities within the geologic 
        repository operations area for the purposes in subsection 
        (c)(1). The Commission shall issue this license in accordance 
        with such standards as the Commission finds are necessary to 
        protect the public health and safety.
    (d) Notice of Noncompliance.--If, at any time, the Secretary, the 
President, or the Nuclear Regulatory Commission determines that the 
Secretary, President, or Commission, as appropriate, cannot meet a 
milestone under subsection (b), the Secretary, President, or 
Commission, as appropriate, shall immediately notify Congress--
            (1) that the deadline will not be met and the reason it 
        will not be met; and
            (2) the date on which the milestone will be met.

SEC. 102. BACKUP STORAGE CAPACITY.

    (a) Authorization.--Subject to section 105(d), the Secretary shall 
enter into a contract under this subsection with any person generating 
or owning spent nuclear fuel that meets the requirements of section 
135(b)(1) (A) and (B) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10155(b)(1) (A) and (B)) to--
            (1) take title at the civilian nuclear power reactor site 
        to such amounts of spent nuclear fuel from the civilian nuclear 
        power reactor as the Commission determines cannot be stored 
        onsite; and
            (2) transport such spent nuclear fuel to, and store such 
        spent nuclear fuel at--
                    (A) the repository site after the Commission has 
                authorized construction of the repository without 
                regard to the Secretary's Acceptance Priority Ranking 
                Report or Annual Capacity Report; or
                    (B) a privately owned and operated independent 
                spent fuel storage facility licensed by the Nuclear 
                Regulatory Commission.

SEC. 103. REPOSITORY LICENSING.

    (a) Section 801 of the Energy Policy Act of 1992 is repealed.
    (b) Section 121 of the Nuclear Waste Policy Act of 1982 is amended 
to read as follows:
    ``Sec. 121. (a) Repository Licensing Standards.--The Commission 
shall establish standards for protection of the public and the 
environment from releases of radioactive materials or radioactivity 
from the repository, consistent with the following:
            ``(1) Risk standard.--The standard for protection of the 
        public and environment from releases of radioactive materials 
        or radioactivity from the repository after permanent closure 
        shall limit the lifetime risk to the average member of the 
        critical group of premature death from cancer due to such 
        releases of approximately, but not greater than, 1 in 1000.
            ``(2) Establishment of overall system performance 
        objective.--The Commission shall implement the standard in 
        paragraph (1) by establishing, by rule, an overall system 
        performance objective for expected annual dose to the average 
        member of the critical group. The Commission shall not 
        promulgate performance objectives for the repository in the 
        form of release limits or contaminant levels for individual 
        radionuclides discharged from the repository.
            ``(3) Assumption and factors.--The Commission shall 
        specify, by rule, values for all of the assumptions deemed 
        necessary to apply the overall system performance objective in 
        a licensing proceeding for the repository, including reference 
        biosphere and size characteristics of the critical group. For 
        purposes of establishing the overall system performance 
        objective in paragraph (2) and making the findings in 
        subsection (b), the Commission shall not--
                    ``(A) consider climate regimes that are 
                substantially different from those that have occurred 
                during the previous 100,000 years at the Yucca Mountain 
                site;
                    ``(B) consider catastrophic events where the health 
                consequences of individual events themselves to the 
                critical group can be reasonably assumed to exceed the 
                health consequences due to the impact of the events on 
                repository performance; and
                    ``(C) base the overall system performance objective 
                in paragraph (2) or the finding in subsection (b) on 
                scenarios involving human intrusion into the repository 
                following repository closure, although the Commission 
                may consider the consequences of an assumed human 
                intrusion scenario to determine if repository 
                performance would be substantially degraded by a single 
                instance of human intrusion during the first 1,000 
                years after repository closure.
            ``(4) Definitions.--As used in this section, the term 
        `critical group' means a small group of people that is--
                    ``(A) representative of individuals expected to be 
                at highest risk of premature death from cancer as a 
                result of discharges of radionuclides from the 
                repository;
                    ``(B) relatively homogeneous with respect to 
                expected radiation dose, which shall mean that there 
                shall be no more than a factor of 10 in variation in 
                individual doses among members of the group; and
                    ``(C) selected using reasonable assumptions 
                concerning lifestyle, occupation, diet and eating 
                habits, technological sophistication, and other 
                relevant social and behavioral factors that are based 
                on reasonably available information on inhabitants and 
                conditions in the area within a 50-mile radius 
                surrounding Yucca Mountain when the group is defined.
    ``(b) Application of Overall System Performance Objective.--The 
Commission shall issue a construction authorization, license to dispose 
of spent nuclear fuel and high-level radioactive waste in the 
repository, and license amendment to permit permanent closure of the 
repository, upon a finding of reasonable assurance, making allowance 
for the time period, hazards, and uncertainties involved, that for the 
first 10,000 years following closure of the repository, the overall 
system performance established pursuant to subsection (a) will be met. 
The finding of reasonable assurance shall be based on regulatory 
insight gained by the Commission through use of predictive models, 
supported, to the extent deemed practicable by the Commission, by data 
from field and laboratory tests, site-specific monitoring, and natural 
analog studies and supplemented, as necessary, by expert judgment.
    ``(c) Environmental Impact Statement.--The promulgation of 
standards or criteria in accordance with the provisions of this section 
shall not require the preparation of an environmental impact statement 
under section 102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)) or any environmental review under 
subparagraph (E) or (F) of section 102(2) of such Act.''.
    (c) Guidelines.--Section 112(a) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10132(a)) is amended by adding, at the end of the 
section, the following; ``The Secretary's guidelines shall not be 
inconsistent with any standards promulgated under section 121, and to 
the extent practicable, any conclusions of the Secretary regarding site 
suitability shall be based on an assessment of total system performance 
of the repository.''.
    (d) Capacity.--Section 114 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10134) is amended--
            (1) in subsection (b) by inserting at the end: ``In 
        developing an application for authorization to construct the 
repository, the Secretary shall seek to maximize the capacity of the 
repository.'', and
            (2) in subsection (d) by striking ``The Commission decision 
        approving the first such application . . .'' through the period 
        at the end of the sentence.

SEC. 104. NUCLEAR WASTE FEE.

    The last sentence of section 302(a)(4) of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10222(a)(4)) is amended to read as follows:
        ``The adjusted fee proposed by the Secretary shall be effective 
        upon enactment of a joint resolution or other provision of law 
        specifically approving the adjusted fee.''

SEC. 105. SETTLEMENT AGREEMENTS.

    (a) In General.--The Secretary may, upon the request of any person 
with whom he has entered into a contract under section 302(a) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a), enter into a 
settlement agreement with the contract holder to--
            (1) relieve any harm caused by the Secretary's failure to 
        meet the Department's commitment, or
            (2) settle any legal claims against the United States 
        arising out of such failure.
    (b) Types of Relief.--Pursuant to a settlement agreement entered 
into under this section, the Secretary may--
            (1) take title to the contract holder's spent nuclear fuel, 
        notwithstanding section 302(a)(5) of the Nuclear Waste Policy 
        Act of 1982 (42 U.S.C. 10222(a)(5));
            (2) provide spent nuclear fuel storage casks to the 
        contract holder;
            (3) take title to and operate an existing dry cask storage 
        facility at the contract holder's site;
            (4) compensate the contract holder for the cost of 
        providing spent nuclear fuel storage at the contract holders' 
        storage facility; or
            (5) provide any combination of the foregoing.
    (c) Scope of Relief.--The Secretary's obligation to take title to a 
contract holder's spent nuclear fuel, provide storage casks, or 
compensate a contract holder for the cost of providing nuclear fuel 
storage under a settlement agreement under this section shall not 
exceed the Secretary's obligation to accept delivery of such spent fuel 
under the terms of the Secretary's contract with such contract holder 
under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222(a)) and the delivery commitment schedule annexed thereto 
(including any otherwise permissible assignment of rights under such 
schedule).
    (d) Waiver of Claims.--(1) The Secretary may not enter into a 
settlement agreement under subsection (a) or a backup contract under 
section 102(a) with any contract holder unless the contract holder--
            (A) makes an election within 180 days after the date of 
        enactment of this Act to enter into a settlement agreement, and
            (B) as part of such settlement agreement, waives any claim 
        for damages against the United States arising out of the 
        Secretary's failure to begin disposing of such person's high-
        level waste or spent nuclear fuel by January 31, 1998.
    (2) Nothing in this subsection shall be read to require a contract 
holder to waive any future claim against the United States arising out 
of the Secretary's failure to meet any new obligation assumed under 
settlement agreement or backup storage agreement.
    (e) Source of Funds.--Notwithstanding section 302(d) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10222(d)), the Secretary may not 
make expenditures from the Nuclear Waste Fund for any costs that may be 
incurred by the Secretary pursuant to a settlement agreement or backup 
storage contract under this Act except--
            (1) the cost of acquiring and loading spent nuclear fuel 
        casks;
            (2) the cost of transporting spent nuclear fuel from the 
        contract holder's site to the repository; and
            (3) any other cost incurred by the Secretary pursuant to a 
        settlement agreement or backup storage contract that would have 
        been incurred by the Secretary under the contracts entered into 
        under section 302(a) of the Nuclear Waste Policy Act of 1982 
        (42 U.S.C. 10222(a)) notwithstanding their amendment pursuant 
        to this Act.
    (f) Savings Clause.--(1) Nothing in this section shall limit the 
Secretary's existing authority to enter into settlement agreements or 
address shutdown reactors and any associated public health and safety 
or environmental concerns that may arise.
    (2) Nothing in this Act modifies or alters obligations imposed upon 
the Federal Government by the United States District Court of Idaho in 
an order entered on October 17, 1995 in United States v. Batt (No. 91-
0054-S-EJL).

SEC. 106. ACCEPTANCE SCHEDULE.

    The acceptance schedule shall be implemented in accordance with the 
following:
            (1) Priority ranking.--Acceptance priority ranking shall be 
        determined by the Department's `Acceptance Priority Ranking' 
        report.
            (2) Acceptance rate.--Beginning in the year of the issuance 
        of a license to receive and possess spent nuclear fuel and 
        high-level radioactive waste under section 101(c), the 
        Secretary's acceptance rate for spent nuclear fuel shall be no 
        less than the following: 1,200 Metric Tons Uranium (MTU) in 
        year 1 and 1,200 MTU in year 2, 2,000 MTU in year 3 and 2,000 
        MTU in year 4, 2,700 MTU in year 5, and 3,000 MTU annually 
        thereafter.
            (3) Other acceptances.--Subject to the conditions contained 
        in the license to receive and possess spent nuclear fuel and 
        high-level radioactive waste issued under section 101(c), of 
        the amounts provided for in paragraph (2) for each year, not 
        less than one-sixth shall be--
                    (A) spent nuclear fuel or civilian high-level 
                radioactive waste of domestic origin from civilian 
                nuclear power reactors that have permanently ceased 
                operation on or before the date of enactment of the 
                Nuclear Waste Policy Act Amendments of 1999;
                    (B) spent nuclear fuel from foreign research 
                reactors, as necessary to promote nonproliferation 
                activities; and
                    (C) spent nuclear fuel and high-level radioactive 
                waste from research and atomic energy defense 
                activities, including spent nuclear fuel from naval 
                reactors;
        Provided, however, That the Secretary shall accept not less 
        than 7.5 percent of the total quantity of fuel and high-level 
        radioactive waste accepted in any year from the categories of 
        radioactive materials described in subparagraphs (B) and (C) in 
        paragraph (3). If sufficient amounts of radioactive materials 
        are not available to utilize this allocation, the Secretary 
        shall allocate this acceptance capacity to other contract 
        holders.
            (4) Effect on schedule.--The contractual acceptance 
        schedule shall not be 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 radioactive waste.

                        TITLE II--TRANSPORTATION

SEC. 201. TRANSPORTATION PLANNING.

    (a) Transportation Readiness.--The Secretary--
            (1) shall take such actions as are necessary and 
        appropriate to ensure that the Secretary is able to transport 
        safely spent nuclear fuel and high-level radioactive waste from 
        any site where such spent nuclear fuel or high-level 
        radioactive waste is generated or stored to the Yucca Mountain 
        site, using routes that minimize, to the maximum practicable 
        extent consistent with Federal requirements governing 
        transportation of hazardous materials, transportation of spent 
        nuclear fuel and high-level radioactive waste through populated 
        areas; and
            (2) as soon as is practicable following the enactment of 
        this Act, the Secretary shall, in consultation with the 
        Secretary of Transportation and affected States and tribes, and 
        after an opportunity for public comment, develop and implement 
        a comprehensive management plan that ensures safe 
        transportation of spent nuclear fuel and high-level radioactive 
        waste from the sites designated by the contract holders to the 
        Yucca Mountain site.
    (b) Transportation Planning.--In conjunction with the development 
of the logistical plan in accordance with subsection (a), the Secretary 
shall update and modify, as necessary, the Secretary's transportation 
institutional plans to ensure that institutional issues are addressed 
and resolved on a schedule to support the commencement of 
transportation of spent nuclear fuel and high-level radioactive waste 
to the Yucca Mountain site no later than December 31, 2006. Among other 
things, such planning shall provide a schedule and process for 
addressing and implementing, as necessary, transportation routing 
plans, transportation contracting plans, transportation training in 
accordance with section 202, public education regarding transportation 
of spent nuclear fuel and high-level radioactive waste, and 
transportation tracking programs.
    (c) Shipping Campaign Transportation Plans.--
            (1) In general.--The Secretary shall develop a 
        transportation plan for the implementation of each shipping 
        campaign (as that term is defined by the Secretary) from each 
        site at which spent nuclear fuel or high-level nuclear waste is 
        stored, consistent with the principles and procedures stated in 
        Department of Energy Order No. 460.2 and the Program Manager's 
        Guide.
            (2) Requirements.--A shipping campaign transportation plan 
        shall--
                    (A) be fully integrated with State and tribal 
                government notification, inspection, and emergency 
                response plans along the preferred shipping route or 
                State-designated alternative route identified under 
                subsection (d) (unless the Secretary certifies in the 
                plan that the State or tribal government has failed to 
                cooperate in fully integrating the shipping campaign 
                transportation plan with the applicable State or tribal 
government plans); and
                    (B) be consistent with the principles and 
                procedures developed for the safe transportation of 
                transuranic waste to the Waste Isolation Pilot Plant 
                (unless the Secretary certifies in the plan that a 
                specific principle or procedure is inconsistent with a 
                provision of this Act).
    (d) Safe Shipping Routes and Modes.--
            (1) In general.--The Secretary shall evaluate the relative 
        safety of the proposed shipping routes and shipping modes from 
        each shipping origin to the repository compared with the safety 
        of alternative modes and routes.
            (2) Considerations.--The evaluation under paragraph (1) 
        shall be conducted in a manner consistent with regulations 
        promulgated by the Secretary of Transportation under authority 
        of chapter 51 of title 49, United States Code, and the Nuclear 
        Regulatory Commission under authority of the Atomic Energy Act 
        of 1954 (42 U.S.C. 2011 et seq.), as applicable.
            (3) Designation of preferred shipping route and mode.--
        Following the evaluation under paragraph (1), the Secretary 
        shall designate preferred shipping routes and modes from each 
        civilian nuclear power reactor and Department of Energy 
        facility that stores spent nuclear fuel or other high-level 
        defense waste.
            (4) Selection of primary shipping route.--If the Secretary 
        designates more than 1 preferred route under paragraph (3), the 
        Secretary shall elect a primary route after considering, at a 
        minimum, historical accident rates, population, significant 
        hazards, shipping time, shipping distance, and mitigating 
        measures such as limits on the speed of shipments.
            (5) Use of primary shipping route and mode.--Except in 
        cases of emergency, for all shipments conducted under this Act, 
        the Secretary shall cause the primary shipping route and mode 
        or State-designated alternative route under chapter 51 of title 
        49, United States Code, to be used. If a route is designated as 
        a primary route for any reactor or Department of Energy 
        facility, the Secretary may use that route to transport spent 
        nuclear fuel or high-level radioactive waste from any other 
        reactor or Department of Energy facility.
            (6) Training and technical assistance.--Following selection 
        of the primary shipping routes, or State-designated alternative 
        routes, the Secretary shall focus training and technical 
        assistance under section 202(c) on those routes.
            (7) Preferred rail routes.--
                    (A) Regulation.--Not later than 1 year after the 
                date of enactment of the Nuclear Waste Policy 
                Amendments Act of 1999, the Secretary of 
                Transportation, pursuant to authority under other 
                provisions of law, shall promulgate a regulation 
                establishing procedures for the selection of preferred 
                routes for the transportation of spent nuclear fuel and 
                high-level radioactive waste by rail.
                    (B) Interim provision.--During the period beginning 
                on the date of enactment of the Nuclear Waste Policy 
                Act of 1999 and ending on the date of issuance of a 
                final regulation under subparagraph (A), rail 
                transportation of spent nuclear fuel and high-level 
                radioactive waste shall be conducted in accordance with 
                regulatory requirements in effect on that date and with 
                this section.

SEC. 202. TRANSPORTATION REQUIREMENTS.

    (a) Package Certification.--No spent nuclear fuel or high-level 
radioactive waste may be transported by or for the Secretary under this 
Act except in packages that have been certified for such purposes by 
the Commission.
    (b) State Notification.--The Secretary shall abide by regulations 
of the Commission regarding advance notification of State and tribal 
governments prior to transportation of spent nuclear fuel or high-level 
radioactive waste under this Act.
    (c) Technical Assistance.--
            (1) In general.--
                    (A) States and indian tribes.--As provided in 
                paragraph (3), the Secretary shall provide technical 
                assistance and funds to States and Indian tribes for 
                training of public safety officials of appropriate 
                units of State, local, and tribal government. A State 
                shall allocate to local governments within the State a 
                portion of any funds that the Secretary provides to the 
                State for technical assistance and funding.
                    (B) Employee organizations.--The Secretary shall 
                provide technical assistance and funds for training 
                directly to nonprofit employee organizations, voluntary 
                emergency response organizations, and joint labor-
                management organizations that demonstrate experience in 
                implementing and operating worker health and safety 
                training and education programs and demonstrate the 
                ability to reach and involve in training programs 
                target populations of workers who are or will be 
                directly engaged in the transportation of spent nuclear 
                fuel and high-level radioactive waste or emergency 
                response or post-emergency response with respect to 
                such transportation.
                    (C) Training.--Training under this section--
                            (i) shall cover procedures required for 
                        safe routine transportation of materials and 
                        procedures for dealing with emergency response 
                        situations;
                            (ii) shall be consistent with any training 
                        standards established by the Secretary of 
                        Transportation under subsection (h); and
                            (iii) shall include--
                                    (I) a training program applicable 
                                to persons responsible for responding 
                                to emergency situations occurring 
                                during the removal and transportation 
                                of spent nuclear fuel and high-level 
                                radioactive waste;
                                    (II) instruction of public safety 
                                officers in procedures for the command 
                                and control of the response to any 
                                accident involving the waste; and
                                    (III) instruction of radiological 
                                protection and emergency medical 
                                personnel in procedures for responding 
                                to an incident involving spent nuclear 
                                fuel or high-level radioactive waste 
                                being transported.
            (2) No shipments if no training.--
                    (A) There shall be no shipments of spent nuclear 
                fuel and high-level radioactive waste through the 
                jurisdiction of any State or the reservation lands of 
                any Indian tribe eligible for grants under paragraph 
                (3)(B) until the Secretary has made a determination 
                that personnel in all State, local, and tribal 
                jurisdictions on primary and alternative shipping 
                routes have met acceptable standards of training for 
                emergency responses to accidents involving spent 
                nuclear fuel and high-level radioactive waste, as 
                established by the Secretary, and unless technical 
                assistance and funds to implement procedures for the 
                safe routine transportation and for dealing with 
                emergency response situations under paragraph (1)(A) 
                have been available to a State or Indian tribe for at 
                least 3 years prior to any shipment: Provided, however, 
                That the Secretary may ship spent nuclear fuel and 
                high-level radioactive waste if technical assistance or 
                funds have not been made available because of
                            (i) an emergency, including the sudden and 
                        unforeseen closure of a highway or rail line or 
                        the sudden and unforeseen need to remove spent 
                        fuel from a reactor because of an accident, or
                            (ii) the refusal to accept technical 
                        assistance by a State or Indian tribe, or
                            (iii) fraudulent actions which violate 
                        Federal law governing the expenditure of 
                        Federal funds.
                    (B) In the event the Secretary is required to 
                transport spent fuel or high-level radioactive waste 
                through a jurisdiction prior to 3 years after the 
                provision of technical assistance or funds to such 
                jurisdiction, the Secretary shall, prior to such 
                shipment, hold meetings in each State and Indian 
                reservation through which the shipping route passes in 
                order to present initial shipment plans and receive 
                comments. Department of Energy personnel trained in 
                emergency response shall escort each shipment. Funds 
                and all Department of Energy training resources shall 
                be made available to States and Indian tribes along the 
                shipping route no later than three months prior to the 
                commencement of shipments: Provided, however, That in 
                no event shall such shipments exceed 1,000 metric tons 
                per year: Provided further, That no such shipments 
                shall be conducted more than four years after the 
                effective date of the Nuclear Waste Policy Amendments 
                Act of 1999.
            (3) Grants.--
                    (A) In general.--To implement this section, the 
                Secretary may make expenditures from the Nuclear Waste 
                Fund to the extent provided for in appropriation acts.
                    (B) Grants for development of plans.--
                            (i) In general.--The Secretary shall make a 
                        grant of at least $150,000 to each State 
                        through the jurisdiction of which and each 
                        federally recognized Indian tribe through the 
                        reservation lands of which a shipment of spent 
                        nuclear fuel or high-level radioactive waste 
                        will be made under this Act for the purpose of 
                        developing a plan to prepare for such 
                        shipments.
                            (ii) Limitation.--A grant shall be made 
                        under clause (i) only to a State or a federally 
                        recognized Indian tribe that has the authority 
                        to respond to incidents involving shipments of 
                        hazardous material.
                    (C) Grants for implementation of plans.--
                            (i) In general.--Annual implementation 
                        grants shall be made to States and Indian 
                        tribes that have developed a plan to prepare 
                        for shipments under this Act under subparagraph 
(B). The Secretary, in submitting the annual departmental budget to 
Congress for funding of implementation grants under this section, shall 
be guided by the State and tribal plans developed under subparagraph 
(B). As part of the Department of Energy's annual budget request, the 
Secretary shall report to Congress on--
                                    (I) the funds requested by States 
                                and federally recognized Indian tribes 
                                to implement this subsection;
                                    (II) the amount requested by the 
                                President for implementation; and
                                    (III) the rationale for any 
                                discrepancies between the amounts 
                                requested by States and federally 
                                recognized Indian tribes and the 
                                amounts requested by the President.
                            (ii) Allocation.--Of funds available for 
                        grants under this subparagraph for any fiscal 
                        year--
                                    (I) 25 percent shall be allocated 
                                by the Secretary to ensure minimum 
                                funding and program capability levels 
                                in all States and Indian tribes based 
                                on plans developed under subparagraph 
                                (B); and
                                    (II) 75 percent shall be allocated 
                                to States and Indian tribes in 
                                proportion to the number of shipment 
                                miles that are projected to be made in 
                                total shipments under this Act through 
                                each jurisdiction.
            (4) Availability of funds for shipments.--Funds under 
        paragraph (1) shall be provided for shipments to a repository, 
        regardless of whether the repository is operated by a private 
        entity or by the Department of Energy.
            (5) Minimizing duplication of effort and expenses.--The 
        Secretaries of Transportation, Labor, and Energy, Directors of 
        the Federal Emergency Management Agency and National Institute 
        of Environmental Health Sciences, the Nuclear Regulatory 
        Commission, and Administrator of the Environmental Protection 
        Agency shall review periodically, with the head of each 
        department, agency, or instrumentality of the Government, all 
        emergency response and preparedness training programs of that 
        department, agency, or instrumentality to minimize duplication 
        of effort and expense of the department, agency, or 
        instrumentality in carrying out the programs and shall take 
        necessary action to minimize duplication.
    (d) Public Education.--The Secretary shall conduct a program to 
educate the public regarding the transportation of spent nuclear fuel 
and high-level radioactive waste, with an emphasis on those States, 
units of local government, and Indian tribes through whose jurisdiction 
the Secretary plans to transport substantial amounts of spent nuclear 
fuel or high-level radioactive waste.
    (e) Use of Private Carriers.--The Secretary, in providing for the 
transportation of spent nuclear fuel and high-level radioactive waste 
under this Act, shall contract with private industry to the fullest 
extent possible in each aspect of such transportation. The Secretary 
shall use direct Federal services for such transportation only upon a 
determination by the Secretary of Transportation, in consultation with 
the Secretary, that private industry is unable or unwilling to provide 
such transportation services at a reasonable cost.
    (f) Compliance With Transportation Regulations.--Any person that 
transports spent nuclear fuel or high-level radioactive waste under the 
Nuclear Waste Policy Amendments Act of 1999, pursuant to a contract 
with the Secretary, shall comply with all requirements governing such 
transportation issued by the Federal, State, and local governments, and 
Indian Tribes, in the same way and to the same extent that any person 
engaging in that transportation that is in or affects interstate 
commerce must comply with such requirements, as required by section 
5126 of title 49, United States Code.
    (g) Employee Protection.--Any person engaged in the interstate 
commerce of spent nuclear fuel or high-level radioactive waste under 
contract to the Secretary pursuant to this Act shall be subject to and 
comply fully with the employee protection provisions of section 20109 
of title 49, United States Code (in the case of employees of railroad 
carriers) and section 31105 of title 49, United States Code (in the 
case of employees operating commercial motor vehicles), or the 
Commission (in the case of all other employees).
    (h) Training Standard.--
            (1) Regulation.--No later than 12 months after the date of 
        enactment of the Nuclear Waste Policy Amendments Act of 1999, 
        the Secretary of Transportation, pursuant to authority under 
        other provisions of law, in consultation with the Secretary of 
        Labor and the Commission, shall promulgate a regulation 
        establishing training standards applicable to workers directly 
        involved in the removal and transportation of spent nuclear 
        fuel and high-level radioactive waste. The regulation shall 
        specify minimum training standards applicable to workers, 
        including managerial personnel. The regulation shall require 
        that the employer possess evidence of satisfaction of the 
        applicable training standard before any individual may be 
        employed in the removal and transportation of spent nuclear 
        fuel and high-level radioactive waste.
            (2) Secretary of transportation.--If the Secretary of 
        Transportation determines, in promulgating the regulation 
        required by paragraph (1), that existing Federal regulations 
        establish adequate training standards for workers, then the 
        Secretary of Transportation can refrain from promulgating 
        additional regulations with respect to worker training in such 
        activities. The Secretary of Transportation and the 
Commission shall, by Memorandum of Understanding, ensure coordination 
of worker training standards and to avoid duplicative regulation.
            (3) Training standards content.--(A) If training standards 
        are required to be promulgated under paragraph (1), such 
        standards shall, among other things deemed necessary and 
        appropriate by the Secretary of Transportation, provide for--
                    (i) a specified minimum number of hours of initial 
                off site instruction and actual field experience under 
                the direct supervision of a trained, experienced 
                supervisor;
                    (ii) a requirement that onsite managerial personnel 
                receive the same training as workers, and a minimum 
                number of additional hours of specialized training 
                pertinent to their managerial responsibilities; and
                    (iii) a training program applicable to persons 
                responsible for responding to and cleaning up emergency 
                situations occurring during the removal and 
                transportation of spent nuclear fuel and high-level 
                radioactive waste.
            (B) The Secretary of Transportation may specify an 
        appropriate combination of knowledge, skills, and prior 
        training to fulfill the minimum number of hours requirements of 
        subparagraphs (i) and (ii).
            (4) Emergency responder training standards.--The training 
        standards for persons responsible for responding to emergency 
        situations occurring during the removal and transportation of 
        spent nuclear and high level radioactive waste shall, in 
        accordance with existing regulations, ensure their ability to 
        protect nearby persons, property, or the environment from the 
        effects of accidents involving spent nuclear fuel and high-
        level radioactive waste.
            (5) Authorization.--There is authorized to be appropriated 
        to the Secretary of Transportation, from general revenues, such 
        sums as may be necessary to perform his duties under this 
        subsection.

    TITLE III--DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY.

SEC. 301. FINDINGS.

    (a) Prior to permanent closure of the geologic repository in Yucca 
Mountain, Congress must determine whether the spent fuel in the 
repository should be treated as waste subject to permanent burial or 
should be considered an energy resource that is needed to meet future 
energy requirements;
    (b) Future use of nuclear energy may require construction of a 
second geologic repository unless Yucca Mountain can safely accommodate 
additional spent fuel. Improved spent fuel strategies may increase the 
capacity of Yucca Mountain.
    (c) Prior to construction of any second permanent geologic 
repository, the nation's current plans for permanent burial of spent 
fuel should be re-evaluated.

SEC. 302. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.

    (a) Establishment.--There is hereby established an Office of Spent 
Nuclear Fuel Research within the Office of Nuclear Energy Science and 
Technology of the Department of Energy. The Office shall be headed by 
the Associate Director, who shall be a member of the Senior Executive 
Service appointed by the Director of the Office of Nuclear Energy 
Science and Technology, and compensated at a rate determined by 
applicable law.
    (b) Associate Director.--The Associate Director of the Office of 
Spent Nuclear Fuel Research shall be responsible for carrying out an 
integrated research, development, and demonstration program on 
technologies for treatment, recycling, and disposal of high-level 
nuclear radioactive waste and spent nuclear fuel, subject to the 
general supervision of the Secretary. The Associate Director of the 
Office shall report to the Director of the Office of Nuclear Energy 
Science and Technology. The first such Associate Director shall be 
appointed within 90 days of the enactment of the Nuclear Waste Policy 
Act of 1999.
    (c) Grant and Contract Authority.--In carrying out his 
responsibilities under this Section, the Secretary may make grants, or 
enter into contracts, for the purposes of the research projects and 
activities described in (d)(2).
    (d)(1) Duties.--The Associate Director of the Office shall involve 
national laboratories, universities, the commercial nuclear industry, 
and other organizations to investigate technologies for the treatment, 
recycling, and disposal of spent nuclear fuel and high-level 
radioactive waste.
    (2) The Associate Director of the Office shall:
            (A) develop a research plan to provide recommendations by 
        2015;
            (B) identify promising technologies for the treatment, 
        recycling, and disposal of spent nuclear fuel and high-level 
        radioactive waste;
            (C) conduct research and development activities for 
        promising technologies;
            (D) ensure that all activities include as key objectives 
        minimization of proliferation concerns and risk to health of 
        the general public or site workers, as well as development of 
        cost-effective technologies;
            (E) require research on both reactor- and accelerator-based 
        transmutation systems;
            (F) require research on advanced processing and 
        separations;
            (G) encourage that research efforts include participation 
        of international collaborators;
            (H) be authorized to fund international collaborators when 
        they bring unique capabilities not available in the United 
        States and their host country is unable to provide for their 
        support;
            (I) ensure that research efforts with this Office are 
        coordinated with research on advanced fuel cycles and reactors 
        conducted within the Office of Nuclear Energy Science and 
        Technology.
    (e) Report.--The Associate Director of the Office of Spent Nuclear 
Fuel Research shall annually prepare and submit a report to the 
Congress on the activities and expenditures of the Office that 
discusses progress being made in achieving the objectives of paragraph 
(b).`