of concern are the increased security risks from
shipments that represent numerous mobile targets
within some of the country’s most populous and vul-
nerable metropolitan areas.
(5) Before any nuclear waste shipments occur,
the Federal Government must ensure the safety and
security of these shipments. This Act requires the
Secretary of Energy to develop a comprehensive
safety program that establishes new safety and secu-
rity measures that greatly exceed the minimal level
of protection offered today.
SEC. 3. AMENDMENTS.
Section 180 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10175) is amended by adding at the end the
following new subsections:
‘‘(d) COMPREHENSIVE SAFETY PROGRAM.—The Sec-
retary shall develop a comprehensive safety program that
includes, consistent with this title, driver selection, inde-
pendent inspections, bad weather protocols, road condition
reporting, safe parking areas, advance notice, real time
tracking and monitoring, emergency response, medical
preparedness, equipment standards, training and exer-
cises, mutual aid agreements, emergency alternative rout-
ing, program evaluation, and public information.
‘‘(e) PROTECTING POPULATED COMMUNITIES.—The
Secretary may not transport high-level radioactive waste
through an incorporated community with a population in
excess of 50,000 unless the waste originates in that com-
munity.
‘‘(f) OLDEST FUEL FIRST.—The Secretary shall en-
sure that the oldest spent nuclear fuel shall be transported
before other spent nuclear fuel.
‘‘(g) FULL-SCALE CASK TESTING.—No spent nuclear
fuel or high-level radioactive waste may be transported by
or for the Secretary under this Act except in packages the
design of which has been certified by the Commission and
tested at full-scale, including physical tests to destruction,
to demonstrate compliance with the Commission perform-
ance standards. The Commission shall ensure a stake-
holder role in the development of a cask testing program
for testing under this subsection, including selection of
test facilities, personnel, and peer review.
‘‘(h) STATE AND LOCAL ROUTE CONSULTATION.—
Affected State, local, and tribal governments shall be con-
sulted in the selection of routes for the transportation of
spent nuclear fuel and high-level radioactive waste.
‘‘(i) PRIVATE CARRIER PROHIBITION.—Spent nu-
clear fuel and high-level radioactive waste shall not be
transported under this Act by a private sector carrier.
‘‘(j) ADVANCE NOTIFICATION.—The Secretary shall
provide a minimum of 14 days advance notification to
States, Indian tribes, and local communities through
whose jurisdiction the Secretary plans to transport spent
nuclear fuel and high-level radioactive waste.
‘‘(k) SECURITY PRECAUTIONS.—All transportation of
spent nuclear fuel and high-level radioactive waste under
this Act shall—
‘‘(1) if by train, be on a train dedicated solely
to such transportation;
‘‘(2) include at least 3 armed escorts for each
nuclear waste convoy, including a lead vehicle and a
trailer vehicle;
‘‘(3) be scheduled to avoid regular transpor-
tation patterns;
‘‘(4) be planned in order to minimize storage
times; and
‘‘(5) occur at a time when the receiver at the
final delivery point will be present to accept ship-
ment.’’.
Æ