[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>