I

104TH CONGRESS

1ST SESSION H. R. 2278

To prohibit the importation into the United States of spent nuclear fuel

unless licensed facilities are in operation that have the capacity to store

or dispose of all nuclear spent fuel generated by commercial nuclear

reactors in the United States and from atomic energy defense activities,

and to allow local port authorities to establish health and safety guidelines for safe shipment of spent nuclear fuel.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 7, 1995

Mr. WYDEN (for himself and Mr. BUNN of Oregon) introduced the following

bill; which was referred to the Committee on Commerce, and in addition

to the Committees on Economic and Educational Opportunities, Transportation and Infrastructure, and International Relations, for a period to

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

A BILL

To prohibit the importation into the United States of spent

nuclear fuel unless licensed facilities are in operation

that have the capacity to store or dispose of all nuclear

spent fuel generated by commercial nuclear reactors in

the United States and from atomic energy defense activities, and to allow local port authorities to establish health

and safety guidelines for safe shipment of spent nuclear

fuel.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Import Control and

5 Safe Handling of Spent Nuclear Fuel Act of 1995’’.

6 SEC. 2. PROHIBITION ON IMPORTS OF SPENT NUCLEAR

7 FUEL.

8 No spent nuclear fuel may be imported into the

9 United States unless—

10 (1) the Congress by law has approved a reposi11 tory or repositories with the capacity to store or dis12 pose of all spent nuclear fuel generated by commer13 cial nuclear reactors in the United States and from

14 atomic energy defense activities;

15 (2) the appropriate Federal agency or agencies

16 have licensed such repository or repositories for the

17 purpose described in paragraph (1); and

18 (3) the repository or repositories are operating.

19 SEC. 3. NATIONAL SECURITY EXCEPTIONS.

20 (a) PROLIFERATING COUNTRIES.—The prohibition

21 contained in section 2 shall not apply to imports of spent

22 nuclear fuel from a country if—

23 (1) the President determines that such coun24 try—
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1 (A) is not a country authorized to possess

2 nuclear weapons under the Treaty on the Non3 Proliferation of Nuclear Weapons; and

4 (B) is known or suspected to be producing

5 or developing nuclear weapons; and

6 (2) the President so notifies the Permanent Se7 lect Committee on Intelligence of the House of Rep8 resentatives and the Select Committee on Intel9 ligence of the Senate at least 30 days in advance of

10 the arrival of the imported fuel into the customs ter11 ritory of the United States.

12 (b) SAMPLES.—The prohibition contained in section

13 2 shall not apply to samples of spent nuclear fuel imported

14 for testing and evaluation for national security purposes.

15 SEC. 4. GUIDELINES BY PORT AUTHORITIES TO ENSURE

16 SAFE SHIPMENT OF CERTAIN MATERIAL.

17 (a) IN GENERAL.—Any port authority may—

18 (1) through a public comment process, establish

19 reasonable guidelines to ensure that the unloading,

20 transfer, and shipment of spent nuclear fuel at or

21 through a port under its jurisdiction is conducted in

22 a manner that protects the public health and safety

23 and the environment at, and in the vicinity of, such

24 marine port; and
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1 (2) require that any such unloading, transfer,

2 or shipment be in compliance with such guidelines.

3 (b) DESCRIPTIONS OF GUIDELINES.—Guidelines

4 which a port authority may establish include, but are not

5 limited to, the following:

6 (1) Workers must be properly trained (to the

7 satisfaction of any union representing such workers)

8 in the handling of the spent nuclear fuel.

9 (2) A comprehensive response plan covering

10 spent nuclear fuel (including containment in case of

11 fire, spill response, and other contingencies) must be

12 in place before spent nuclear fuel can enter the port.

13 (3) Local communities must be informed of the

14 unloading, transfer, or shipment of the spent nuclear

15 fuel, as well as possible consequences. The guidelines

16 may include and, if requested by local communities

17 in the immediate vicinity of the port over which the

18 port authority has jurisdiction, or local communities

19 through which spent nuclear fuel would pass when

20 transported by rail or motor vehicle from the port,

21 should include, reasonable standards for storage or

22 parking of casks or transport vehicles carrying spent

23 nuclear fuel and prohibitions against the movement

24 of spent nuclear fuel from the port at certain times

25 or under certain weather, traffic, or similar condi-
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1 tions that could increase the exposure of the public

2 to radiation or increase the risk of an accident oc3 curring during the movement of the spent nuclear

4 fuel.

5 (4) Radiation exposure levels for workers may

6 not exceed standards for public exposure previously

7 established by regulation.

8 (c) RELATION TO OTHER REQUIREMENTS.—(1) Sub9 section (a) shall apply only to guidelines that are more

10 protective of the public health and safety and the environ11 ment than other applicable requirements established under

12 Federal, State, or local law.

13 (2) The existence or enforcement of any requirements

14 under any Federal, State, or local law governing the un15 loading, transfer, or shipment of spent nuclear fuel shall

16 not preclude or preempt the adoption or enforcement of

17 guidelines established under subsection (a).

18 SEC. 5. LIABILITY.

19 Nothing in this Act shall affect the liability or indem20 nification of the port in the handling of nuclear materials.

21 SEC. 6. DEFINITIONS.

22 For purposes of this Act—

23 (1) ATOMIC ENERGY DEFENSE ACTIVITY.—The

24 term ‘‘atomic energy defense activity’’ means any ac25 tivity of the Secretary of Energy performed in whole
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1 or in part in carrying out any of the following func2 tions:

3 (A) Naval reactors development.

4 (B) Weapons activities including defense

5 inertial confinement fusion.

6 (C) Verification and control technology.

7 (D) Defense nuclear materials production.

8 (E) Defense nuclear waste and materials

9 byproducts management.

10 (F) Defense nuclear materials security and

11 safeguards and security investigations.

12 (G) Defense research and development.

13 (2) PORT AUTHORITY.—The term ‘‘port author14 ity’’ means any local, regional, State, or interstate

15 authority having jurisdiction with respect to the op16 eration of a port in the United States.

17 (3) REPOSITORY.—The term ‘‘repository’’ has

18 the meaning given such term by section 2(18) of the

19 Nuclear Waste Policy Act of 1982 (42 U.S.C.

20 10101(18)).

21 (4) SPENT NUCLEAR FUEL.—The term ‘‘spent

22 nuclear fuel’’ has the meaning given such term by

23 section 2(23) of the Nuclear Waste Policy Act of

24 1982 (42 U.S.C. 10101(23)).

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