[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).