Authorizes the Secretary to make grants to States and local and tribal governments for activities to enhance the security of transporting nuclear waste, including emergency response.
Directs the Secretaries of Transportation and Energy, in establishing routes for the transportation of nuclear waste through a State, to jointly consult with the State's chief executive officer regarding preferred or alternative routes. Requires the executive officer to be given 7 days' prior notice of any such transportation. Specifies requirements for particular shipments. Prohibits nuclear waste from being transported by vessel in the inland waters of the United States or the Great Lakes.
Requires renewal every three years of a hazmat employee's certification of training to handle waste and fuel. Provides training grants for hazmat employees and instructors.
Enhances civil penalties for violations in the transportation of waste and fuel.
Requires: (1) a program of outreach regarding response to accidents, attacks, or other emergencies involving the transportation of waste and fuel; (2) a study regarding effects on public health of such transportation; and (3) a comprehensive program of testing the physical integrity and suitability of the packages used for such transportation.
Requires the Nuclear Waste Technical Review Board to evaluate the validity of any activities undertaken by the Secretary or the Nuclear Regulatory Commission with respect to the transportation of waste or fuel.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3162 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 3162
To amend title 49, United States Code, to enhance the security of
transporting high-level nuclear waste and spent nuclear fuel, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 14, 2002
Mr. Durbin (for himself, Mr. Nelson of Florida, Mr. Cleland, and Mr.
Edwards) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to enhance the security of
transporting high-level nuclear waste and spent nuclear fuel, 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 Transportation
Security Act of 2002''.
SEC. 2. COMPREHENSIVE TRANSPORTATION SAFETY PROGRAM FOR TRANSPORTATION
OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL.
(a) In General.--Section 5105 of title 49, United States Code, is
amended by adding at the end the following new subsection:
``(f) Transportation Safety Program.--(1) The Secretary of
Transportation shall develop and implement a comprehensive program of
transportation safety for the transportation of high-level radioactive
waste and spent nuclear fuel.
``(2) The Secretary of Transportation shall develop and implement
the program in consultation with the following:
``(A) The Secretary of Energy.
``(B) The Secretary of Health and Human Services.
``(C) The Secretary of Labor.
``(D) The Director of Homeland Security.
``(E) The Administrator of the Environmental Protection
Agency.
``(F) The Nuclear Regulatory Commission.
``(G) The Director of the Federal Emergency Management
Agency.
``(H) The heads of such other departments and agencies of
the Federal Government as the Secretary of Transportation
considers appropriate.
``(3)(A) In developing and implementing the program, the Secretary
of Transportation shall take into consideration terrorist threats to,
and other potential emergencies associated with, the transportation of
high-level radioactive waste and spent nuclear fuel.
``(B) In developing and implementing the program, the Secretary
shall solicit comments on the program from the public and stakeholder
groups, including employee organizations, and from such technical and
other experts as the Secretary considers appropriate. The Secretary may
establish an advisory committee for purposes of this subparagraph.''.
(b) Report on Program.--Not later than one year after the date of
the enactment of this Act, the Secretary of Transportation shall submit
to Congress a report on development and implementation of the program
required by subsection (f) of section 5105 of title 49, United States
Code, as added by subsection (a) of this section.
SEC. 3. GRANTS TO STATE AND LOCAL GOVERNMENTS AND TRIBAL GOVERNMENTS TO
ENHANCE SECURITY OF TRANSPORTING HIGH-LEVEL RADIOACTIVE
WASTE AND SPENT NUCLEAR FUEL.
(a) In General.--Chapter 51 of title 49, United States Code, is
amended by inserting after section 5105 the following new section:
``Sec. 5105a. Grants to State and local governments and tribal
governments to enhance security of transporting certain
highly radioactive material
``(a) Authority To Make Grants.--The Secretary of Transportation
may make grants to State and local governments and tribal governments
for purposes of activities of such governments to enhance the security
of transporting nuclear waste, including the routine transportation of
nuclear waste and the response to emergencies involving the
transportation of nuclear waste.
``(b) Activities.--Activities funded by grants under subsection (a)
may include the following:
``(1) Infrastructure improvements.
``(2) Training, drills, and similar activities for first
responders and other safety and public health officials.
``(3) Any other activities that the Secretary considers
appropriate in order to enhance the security of transporting
nuclear waste.
``(c) Priority in Grants.--In making grants under subsection (a),
the Secretary shall give a priority to activities regarding routes that
are or will be used frequently for the transportation of nuclear waste.
``(d) Administration.--(1) The Secretary shall establish such
requirements for purposes of the administration of grants under
subsection (a), including application requirements, as the Secretary
considers appropriate.
``(2) The Secretary shall carry out this section in consultation
with the Secretary of Energy and the Federal Radiological Preparedness
Coordinating Committee of the Federal Emergency Management Agency.
``(e) Nuclear Waste Defined.--In this section, the term `nuclear
waste' means high-level radioactive waste and spent nuclear fuel (as
those terms are defined in section 2 of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10101)).
``(f) Authorization of Appropriations.--There is hereby authorized
to be appropriated to the Secretary to carry out this section amounts
as follows:
``(1) $3,000,000 for fiscal year 2003.
``(2) Such sums as may be necessary for each of fiscal
years 2004 through 2012.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 51 of that title is amended by inserting after the item
relating to section 5105 the following new item:
``5105a. Grants to State and local governments and tribal governments
to enhance security of transporting certain
highly radioactive material.''.
SEC. 4. ADDITIONAL REQUIREMENTS AND LIMITATIONS REGARDING
TRANSPORTATION OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT
NUCLEAR FUEL.
(a) In General.--Chapter 51 of title 49, United States Code, as
amended by section 3 of this Act, is further amended by inserting after
section 5105a the following new section:
``Sec. 5105b. Requirements and limitations regarding transportation of
certain highly radioactive material
``(a) Participation of States.--(1) In establishing routes for the
transportation of nuclear waste through a State, the Secretary of
Transportation and the Secretary of Energy shall jointly consult with
the chief executive officer of the State regarding preferred or
alternative routes.
``(2) Nuclear waste may not be transported through a State by any
means until 7 days after the date on which the Secretary of
Transportation submits to the chief executive officer of the State (or
a State official designated by the chief executive officer) notice of
the transportation of the nuclear waste through the State. Notice under
this paragraph shall be in both written and oral form.
``(b) Particular Shipments.--(1)(A) Each shipment by the Secretary
of Energy under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101
et seq.) of nuclear waste by railroad shall be made by a train
dedicated solely for that purpose.
``(B) The Secretary of Transportation and the Director of Homeland
Security may waive the requirement in subparagraph (A) for a particular
shipment of nuclear waste if such officials jointly certify that the
national security or homeland security of the United States requires
the waiver for that shipment.
``(2)(A) Each shipment by the Secretary of Energy under the Nuclear
Waste Policy Act of 1982 of nuclear waste by a commercial motor
vehicle, or by railroad, shall be accompanied by trained escorts who
are licensed to protect shipments of nuclear waste by commercial motor
vehicle or railroad, as the case may be.
``(B) Each escort under this paragraph shall meet all requirements
applicable to hazmat employees under this chapter.
``(C) The Secretary of Transportation shall prescribe in
regulations the minimum number of escorts required under this paragraph
for shipments of nuclear waste by commercial motor vehicle or railroad.
The number of escorts shall be sufficient to protect the convoy
involved at both the front and rear ends.
``(3) Each commercial motor vehicle or train involved in the
transportation of nuclear waste by the Secretary of Energy under the
Nuclear Waste Policy Act of 1982 shall be equipped with a
communications system providing access to first responders along the
entirety of the route of the shipment of such nuclear waste. Each such
communication system shall have such capabilities and meet such
requirements as the Secretary of Transportation shall require in
regulations.
``(4) In addition to the requirement in paragraph (3), each train
involved in the transportation of nuclear waste by the Secretary of
Energy under the Nuclear Waste Policy Act of 1982 shall be equipped
with the best available technology, as determined by the Secretary of
Transportation, including appropriate health monitoring systems.
``(c) Prohibition on Transportation by Waterborne Vessel.--(1)
Nuclear waste may not be transported by waterborne vessel in the inland
waters of the United States or the Great Lakes.
``(2) The Secretary of Transportation and the Director of Homeland
Security may waive the prohibition in paragraph (1) for a particular
shipment of nuclear waste if such officials jointly certify that the
national security or the homeland security of the United States
requires the waiver for the shipment.
``(d) Nuclear Waste Defined.--In this section, the term `nuclear
waste' means high-level radioactive waste and spent nuclear fuel (as
those terms are defined in section 2 of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10101)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 51 of that title, as amended by section 3(b) of this Act, is
further amended by inserting after the item relating to section 5105a
the following new item:
``5105b. Requirements and limitations regarding transportation of
certain highly radioactive material.''.
SEC. 5. MODIFICATION OF REQUIREMENTS AND AUTHORITIES RELATING TO HAZMAT
EMPLOYEES.
(a) Definition of Hazmat Employee.--Section 5102(3) of title 49,
United States Code, is amended--
(1) in subparagraph (A)(ii), by striking ``as the Secretary
decides by regulation''; and
(2) in subparagraph (C)--
(A) by redesignating clauses (iii), (iv), and (v),
as clauses (iv), (v), and (vi), respectively; and
(B) by inserting after clause (ii) the following
new clause (iii):
``(iii) inspects, constructs, maintains, or
repairs railroad tracks or railroad signal
systems, or structures related thereto,
relating to the transportation of hazardous
material;''.
(b) Renewal of Certification of Training to Handle High-Level
Radioactive Waste and Spent Nuclear Fuel.--Section 5107(c) of that
title is amended--
(1) by redesignating paragraphs (1) through (9) as
subparagraphs (A) through (I), respectively;
(2) by inserting ``(1)'' before ``After completing''; and
(3) by adding at the end the following new paragraph:
``(2)(A) In the case of a hazmat employee who handles nuclear
materials, a certification on the training and testing of the hazmat
employee under paragraph (1) shall be valid for not more than three
years.
``(B) At the end of the period of validity of a certification for a
hazmat employee under this paragraph, the hazmat employer shall certify
to the Secretary, with documentation the Secretary shall require by
regulation, that the hazmat employee continues to meet the requirements
under subsection (a) for hazmat employees who handle nuclear materials
as of the date of the renewed certification of the hazmat employee
under this subparagraph.
``(C) Each hazmat employer of hazmat employees who handle nuclear
materials shall submit to the Secretary, upon such schedule as the
Secretary shall require by regulation and at other times upon the
request of the Secretary, a copy of the training program for such
employees for the handling of nuclear materials. The Secretary shall
review each training program submitted under this subparagraph, and may
require modifications of such training program as a result of such
review.
``(D) In this paragraph, the term `nuclear materials' means high-
level radioactive waste and spent nuclear fuel (as those terms are
defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101)).''.
SEC. 6. TRAINING GRANTS FOR HAZMAT EMPLOYEES AND INSTRUCTORS.
(a) In General.--Section 5107(e) of title 49, United States Code,
is amended--
(1) by striking ``section 5127(c)(3)'' and inserting
``section 5127(b)''; and
(2) by striking ``instructors to train hazmat employees''
and inserting ``instructors of hazmat employees, and hazmat
employees,''.
(b) Funding.--Subsection (b)(1) of section 5127 of that title is
amended to read as follows:
``(b) Training of Hazmat Employee Instructors and Hazmat
Employees.--(1) There is authorized to be appropriated to the Secretary
to carry out section 5107(e) amounts as follows:
``(A) $3,000,000 for fiscal year 2003.
``(B) Such sums as may be necessary for each of fiscal
years 2004 through 2012.''.
SEC. 7. ENHANCED CIVIL PENALTIES FOR VIOLATIONS IN THE TRANSPORTATION
OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL.
Section 5123(a) of title 49, United States Code, is amended--
(1) in paragraph (1), by striking ``A person'' and
inserting ``Except as provided in paragraph (2), a person'';
(2) by redesignating paragraph (2) as paragraph (4);
(3) by designating the second sentence of paragraph (1) as
paragraph (3) and indenting the left margin of that paragraph,
as so designated, two ems;
(4) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) A person that knowingly violates a provision of this
chapter regarding high-level radioactive waste or spent nuclear fuel,
or a regulation, order, special permit, or approval issued under this
chapter regarding high-level radioactive waste or spent nuclear fuel,
is liable to the United States Government for a civil penalty of at
least $1,000 but not more than $100,000 for each violation.
``(B) In this paragraph, the terms `high-level radioactive waste'
and `spent nuclear fuel' have the meaning given those terms in section
2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)).''; and
(5) in paragraph (4), as so redesignated, by inserting
``(including high-level radioactive waste and spent nuclear
fuel)'' after ``hazardous material''.
SEC. 8. OUTREACH REGARDING PUBLIC RESPONSE TO ACCIDENTS, ATTACKS, OR
OTHER EMERGENCIES INVOLVING HIGH-LEVEL NUCLEAR WASTE AND
SPENT NUCLEAR FUEL.
The Director of the Federal Emergency Management Agency shall, in
coordination with the Federal Radiological Preparedness Coordinating
Committee, carry out a program of outreach to the public designed to
inform the public about appropriate means of responding to an accident,
attack, or other emergency involving high-level radioactive waste and
spent nuclear fuel. The purpose of the outreach is to protect the
public health and safety.
SEC. 9. STUDY REGARDING EFFECTS ON PUBLIC HEALTH OF TRANSPORTATION OF
NUCLEAR WASTE AND ACCIDENTS INVOLVING TRANSPORTATION OF
HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL.
(a) Study Required.--The Administrator of the Environmental
Protection Agency and the Centers for Disease Control and Prevention
shall jointly carry out a study regarding the effects on public health
of the following:
(1) The routine transportation of high-level radioactive
waste and spent nuclear fuel.
(2) Accidents involving the transportation of high-level
radioactive waste and spent nuclear fuel.
(b) Report.--Not later than 12 months after the date of the
enactment of this Act, the Administrator and the Centers for Disease
Control and Prevention shall jointly submit to Congress a report on the
study carried out under subsection (a). The report shall include--
(1) the results of the study; and
(2) such recommendations for improvements to the public
health infrastructure, and for measures to address requirements
for training and equipment for public health officials and for
public education, as the Administrator and the Centers for
Disease Control and Prevention consider appropriate in light of
the study.
SEC. 10. MODIFICATION OF REQUIREMENTS ON PACKAGES FOR TRANSPORTATION OF
HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL.
(a) Test of Packages Before Commencement of Transportation.--(1)
Before the commencement by the Secretary of Energy of the
transportation of high-level radioactive waste or spent nuclear fuel
under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.),
the Nuclear Regulatory Commission shall carry out a comprehensive
program of testing of the physical integrity and suitability of the
types of packages to be used for the transportation of high-level
radioactive waste or spent nuclear fuel, including tests to ensure that
the packages meet all the requirements of section 180(b) of the Nuclear
Waste Policy Act of 1982, as amended by subsection (d) of this section.
(2) The Nuclear Regulatory Commission shall carry out the program
in consultation with the Secretary of Transportation and the Director
of Homeland Security.
(3) In addition to determining the physical integrity and
suitability of the packages to be used for the transportation of high-
level radioactive waste or spent nuclear fuel, testing under the
program shall also verify the accuracy of computer modeling systems
used in such testing.
(b) Study of Enhancement of Packages Against Terrorist Threats.--
(1) The Nuclear Regulatory Commission, the Secretary of Transportation,
and the Director of Homeland Security shall jointly carry out a study
to identify--
(A) potential terrorist threats to packages for the
transportation of high-level radioactive waste and spent
nuclear fuel; and
(B) the means by which such packages may be enhanced in
order to address such threats.
(2) Each means of enhancing packages for the transportation of
high-level radioactive waste or spent nuclear fuel that is identified
under paragraph (1)(B) shall be included in the certification
requirements for such packages under subsection (b)(1)(F) of the
Nuclear Waste Policy Act of 1982, as amended by subsection (d) of this
section.
(c) Certification of Packages.--Subsection (a) of section 180 of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10175) is amended by
striking ``certified for such purposes by the Commission'' and
inserting ``jointly certified for such purposes by the Commission and
the Secretary of Transportation''.
(d) Specific Requirements for Packages.--Section 180 of that Act is
further amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) A package may not be certified under subsection (a) unless
the package--
``(1) can withstand--
``(A) a head-on collision at any speed at which the
package will be transported;
``(B) attempted puncturing by armor-piercing
ammunition;
``(C) a fall of the maximum distance which the
package could fall along the routes on which the
package will likely be transported;
``(D) submersion in water to the maximum depth
which the package could be submerged along the routes
on which the package will likely be transported for at
least 24 hours;
``(E) continuous exposure to the maximum
temperatures to which the package is likely to be
subjected during transportation in an event involving
fire; and
``(F) such terrorist or other threats as may be
identified as a result of the study under paragraph
(1)(A) of section 10(b) of the Nuclear Waste
Transportation Security Act of 2002 in the manner
identified under paragraph (1)(B) of that section; and
``(2) can meet such other requirements as may be identified
under section 10(e)(1)(B) of the Nuclear Waste Transportation
Security Act of 2002.''.
(e) Ongoing Evaluation of Package Requirements.--(1) The Nuclear
Regulatory Commission, the Secretary of Energy, the Secretary of
Transportation, and the Director of Homeland Security shall jointly--
(A) carry out, on an on-going basis, an evaluation of the
requirements for packages to be used in the transportation of
high-level radioactive waste or spent nuclear fuel under the
Nuclear Waste Policy Act of 1982 in order to determine whether
or not such requirements should be modified in light of
advances in science or lessons learned from prior experiences
or testing; and
(B) identify additional requirements, if any, to be applied
to packages to be used in the transportation of high-level
radioactive waste or spent nuclear fuel under section 180(b)(2)
of the Nuclear Waste Policy Act of 1982, as amended by
subsection (d) of this section.
(2) Not later than two years after the date of the enactment of
this Act, and every two years thereafter, the Nuclear Regulatory
Commission shall submit to Congress a report on activities undertaken
under this subsection during the two-year period ending on the date of
such report, including any modifications or requirements recommended or
imposed during that period as a result of such activities.
(f) Package Defined.--In this section, the term ``package'' has the
meaning given that term in section 2(10) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101(10)).
SEC. 11. MODIFICATION OF AUTHORITIES RELATING TO NUCLEAR WASTE
TECHNICAL REVIEW BOARD.
(a) Exclusion of Certain Additional Federal Personnel From
Membership.--(1) Section 502(b)(3)(C)(iii) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10262(b)(3)(C)(iii)) is amended--
(A) in subclause (II), by striking ``or'' at the end;
(B) in subclause (III), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following new subclauses:
``(IV) the Department of Transportation, or a contractor of
the Department of Transportation; or
``(V) the Nuclear Regulatory Commission, or a contractor of
the Nuclear Regulatory Commission.''.
(2) The amendments made by paragraph (1) shall apply with respect
to nominations to the Nuclear Waste Technical Review Board that occur
on or after the date of the enactment of this Act.
(b) Functions.--Section 503 of that Act (42 U.S.C. 10263) is
amended--
(1) by inserting ``(a) Evaluation of Secretary of Energy
Activities.--'' before ``The Board''; and
(2) by adding at the end the following new subsection:
``(b) Evaluation of Activities of Other Officials.--The Board shall
evaluate the technical and scientific validity of any activities
undertaken by the Secretary of Transportation or the Nuclear Regulatory
Commission with respect to the transportation of high-level radioactive
waste or spent nuclear fuel under this Act.''.
(c) Expansion of Investigatory Powers.--Section 504(b)(1) of that
Act (42 U.S.C. 10264(b)(1)) is amended by striking ``Secretary (or any
contractor of the Secretary)'' and inserting ``Secretary of Energy (or
any contractor of the Secretary), the Secretary of Transportation (or
any contractor of the Secretary), or the Nuclear Regulatory Commission
(or any contractor of the Commission)''.
(d) Extension of Termination Date.--Section 510 of that Act (42
U.S.C. 10270) is amended by striking ``not later than 1 year'' and
inserting ``10 years''.
SEC. 12. DISCHARGE OF FUNCTIONS OF DIRECTOR OF HOMELAND SECURITY UPON
ESTABLISHMENT OF DEPARTMENT OF HOMELAND SECURITY.
Upon the establishment of the Department of Homeland Security, any
function under this Act, or an amendment made by this Act, that is
discharged by the Director of Homeland Security shall be discharged
instead by the Secretary of Homeland Security.
SEC. 13. DEFINITIONS.
In this Act, the terms ``high-level radioactive waste'' and ``spent
nuclear fuel'' have the meanings given those terms in section 2 of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S11081-11082)
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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