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 guide-
lines 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, Trans-
portation and Infrastructure, and International Relations, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation 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 activi-
ties, and to allow local port authorities to establish health
and safety guidelines for safe shipment of spent nuclear
fuel.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Import Control and
Safe Handling of Spent Nuclear Fuel Act of 1995’’.
SEC. 2. PROHIBITION ON IMPORTS OF SPENT NUCLEAR
FUEL.
No spent nuclear fuel may be imported into the
United States unless—
(1) the Congress by law has approved a reposi-
tory or repositories with the capacity to store or dis-
pose of all spent nuclear fuel generated by commer-
cial nuclear reactors in the United States and from
atomic energy defense activities;
(2) the appropriate Federal agency or agencies
have licensed such repository or repositories for the
purpose described in paragraph (1); and
(3) the repository or repositories are operating.
SEC. 3. NATIONAL SECURITY EXCEPTIONS.
(a) PROLIFERATING COUNTRIES.—The prohibition
contained in section 2 shall not apply to imports of spent
nuclear fuel from a country if—
(1) the President determines that such coun-
try—
(A) is not a country authorized to possess
nuclear weapons under the Treaty on the Non-
Proliferation of Nuclear Weapons; and
(B) is known or suspected to be producing
or developing nuclear weapons; and
(2) the President so notifies the Permanent Se-
lect Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intel-
ligence of the Senate at least 30 days in advance of
the arrival of the imported fuel into the customs ter-
ritory of the United States.
(b) SAMPLES.—The prohibition contained in section
2 shall not apply to samples of spent nuclear fuel imported
for testing and evaluation for national security purposes.
SEC. 4. GUIDELINES BY PORT AUTHORITIES TO ENSURE
SAFE SHIPMENT OF CERTAIN MATERIAL.
(a) IN GENERAL.—Any port authority may—
(1) through a public comment process, establish
reasonable guidelines to ensure that the unloading,
transfer, and shipment of spent nuclear fuel at or
through a port under its jurisdiction is conducted in
a manner that protects the public health and safety
and the environment at, and in the vicinity of, such
marine port; and
(2) require that any such unloading, transfer,
or shipment be in compliance with such guidelines.
(b) DESCRIPTIONS
OF
GUIDELINES.—Guidelines
which a port authority may establish include, but are not
limited to, the following:
(1) Workers must be properly trained (to the
satisfaction of any union representing such workers)
in the handling of the spent nuclear fuel.
(2) A comprehensive response plan covering
spent nuclear fuel (including containment in case of
fire, spill response, and other contingencies) must be
in place before spent nuclear fuel can enter the port.
(3) Local communities must be informed of the
unloading, transfer, or shipment of the spent nuclear
fuel, as well as possible consequences. The guidelines
may include and, if requested by local communities
in the immediate vicinity of the port over which the
port authority has jurisdiction, or local communities
through which spent nuclear fuel would pass when
transported by rail or motor vehicle from the port,
should include, reasonable standards for storage or
parking of casks or transport vehicles carrying spent
nuclear fuel and prohibitions against the movement
of spent nuclear fuel from the port at certain times
or under certain weather, traffic, or similar condi-
tions that could increase the exposure of the public
to radiation or increase the risk of an accident oc-
curring during the movement of the spent nuclear
fuel.
(4) Radiation exposure levels for workers may
not exceed standards for public exposure previously
established by regulation.
(c) RELATION TO OTHER REQUIREMENTS.—(1) Sub-
section (a) shall apply only to guidelines that are more
protective of the public health and safety and the environ-
ment than other applicable requirements established under
Federal, State, or local law.
(2) The existence or enforcement of any requirements
under any Federal, State, or local law governing the un-
loading, transfer, or shipment of spent nuclear fuel shall
not preclude or preempt the adoption or enforcement of
guidelines established under subsection (a).
SEC. 5. LIABILITY.
Nothing in this Act shall affect the liability or indem-
nification of the port in the handling of nuclear materials.
SEC. 6. DEFINITIONS.
For purposes of this Act—
(1) ATOMIC ENERGY DEFENSE ACTIVITY.—The
term ‘‘atomic energy defense activity’’ means any ac-
tivity of the Secretary of Energy performed in whole