[Congressional Record Volume 142, Number 105 (Wednesday, July 17, 1996)]
[Senate]
[Pages S8029-S8031]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       THE NUCLEAR WASTE POLICY ACT OF 1982 AMENDMENT ACT OF 1996

                                 ______
                                 

                     REID AMENDMENTS NOS. 4592-4630

  (Ordered to lie on the table.)
  Mr. REID submitted 39 amendments intended to be proposed by him to 
the bill (S. 1936) to amend the Nuclear Waste Policy Act of 1982; as 
follows:

                           Amendment No. 4592

       On page 22, between lines 6 and 7, insert the following:
       ``(c) Transportation Incident Management Planning.--The 
     Secretary shall develop a program plan in accordance with 
     section 203(f) that ensures that there will be a timely and 
     effective response by a trained and equipped force to deal 
     with any disruptive incident involving the transportation of 
     spent nuclear fuel or high-level radioactive waste. On page 
     26, between lines 21 and 22, insert the following:
       ``(h) transportation Incident Management.--
       ``(1) Definition.--In this subsection, the term `disruptive 
     incident' includes an accident, an act of terrorism, 
     vandalism, a civil disobedience, or civil protest, and any 
     other disruption of a shipment of spent nuclear fuel or high-
     level radioactive waste.
       ``(2) Certification.--The individual or contractor directly 
     responsible to the Secretary for effecting a shipment of 
     spent nuclear fuel or high-level radioactive waste shall 
     certify the availability and timely effectiveness of a 
     trained and equipped incident response team to respond to any 
     disruptive incident that may occur during the shipment.
       ``(3) Requirements.--For the purposes of paragraph (1)--
       ``(A) a response time shall be considered to be timely if 
     the incident response time is capable of commencing active 
     intercession at the site of a disruptive incident not more 
     than 30 minutes after initiation of the incident;
       ``(B) the incident response team shall be organically 
     prepared to interrupt and terminate acts of terrorism, 
     vandalism, and civil disobedience; and
       ``(C) the incident response team shall be trained and 
     equipped to mitigate the health or safety consequences of 
     incidents that threaten the integrity or violate the 
     integrity of waste shipment containers.
       ``(4) Civil liability.--A person that suffers any form of 
     personal injury or pecuniary loss as a result of an accident 
     or disruptive incident during the course of a shipment of 
     spent nuclear fuel or high-level radioactive waste may 
     recover damages in a civil action in United States District 
     from any person who commits an act, or who, having a duty to 
     act, fails to act, and thereby causes or contributes to the 
     cause of the accident or disruptive incident.

[[Page S8030]]

       ``(5) Criminal liability.--
       ``(A) False certification.--A person that makes a 
     certification under paragraph (2) that is false shall be 
     imprisoned not less than 5 nor more than 15 years, fined 
     under title 18, United States Code, or both.
       ``(B) Causation of accident or dusruptive incident.--A 
     person who commits an act, or who, having a duty to act, 
     fails to act, and thereby causes or contributes to the cause 
     of accident or disruptive incident during the course of a 
     shipment of spent nuclear fuel or high-level radioactive 
     waste shall be imprisoned not less than 15 nor more than 25 
     years, fined under title 18, United States Code, or both''.
                                                                    ____


                           Amendment No. 4593

       On page 26, between lines 21 and 22, insert the following:
       ``(h) Transportation Incident Management.--
       ``(1) Definition.--In this subsection, the term `disruptive 
     incident' includes an accident, an act of terrorism, 
     vandalism, a civil disobedience, or civil protest, and any 
     other disruption of a shipment of spent nuclear fuel or high-
     level radioactive waste.
       ``(2) Certification.--The individual or contractor directly 
     responsible to the Secretary for effecting a shipment of 
     spent nuclear fuel or high-level radioactive waste shall 
     certify the availability and timely effectiveness of a 
     trained and equipped incident response team to respond to any 
     disruptive incident that may occur during the shipment.
       ``(3) Requirements.--For the purposes of paragraph (1)--
       ``(A) a response time shall be considered to be timely if 
     the incident response time is capable of commencing active 
     intercession at the site of a disruptive incident not more 
     than 30 minutes after initiation of the incident;
       ``(B) the incident response team shall be organically 
     prepared to interrupt and terminate acts of terrorism, 
     vandalism, and civil disobedience; and
       ``(C) the incident response team shall be trained and 
     equipped to mitigate the health or safety consequences of 
     incidents that threaten the integrity or violate the 
     integrity of waste shipment containers.
       ``(4) Civil liability.--A person that suffers any form of 
     personal injury or pecuniary loss as a result of an accident 
     or disruptive incident during the course of a shipment of 
     spent nuclear fuel or high-level radioactive waste may 
     recover damages in a civil action in United States District 
     from any person who commits an act, or who, having a duty to 
     act, fails to act, and thereby causes or contributes to the 
     cause of the accident or disruptive incident.
       ``(5) Criminal liability.--
       ``(A) False certification.--A person that makes a 
     certification under paragraph (2) that is false shall be 
     imprisoned not less than 5 nor more than 15 years, fined 
     under title 18, United States Code, or both.
       ``(B) Causation of accident or disruptive incident.--A 
     person who commits an act, or who, having a duty to act, 
     fails to act, and thereby causes or contributes to the cause 
     of accident or disruptive incident during the course of a 
     shipment of spent nuclear fuel or high-level radioactive 
     waste shall be imprisoned not less than 15 nor more than 25 
     years, fined under title 18, United States Code, or both.''
                                                                    ____


                           Amendment No. 4594

       On page 21, between lines 2 and 3, insert the following:
       ``(k) Safety Assessment.--The Secretary shall conduct a 
     comprehensive operational safety assessment of all 
     transportation modes and operations that--
       ``(1) considers all possible accident scenarios and 
     quantifies resulting possible environments; and
       ``(2) addresses--
       ``(A) transportation vehicle design requirements that 
     minimize adverse environments experienced by loaded 
     containers;
       ``(B) transportation container design requirements that 
     ensure survivability in possible accident scenarios and 
     environments;
       ``(C) full-scale performance testing for transportation 
     container designs;
       ``(D) acceptance testing requirements for empty containers;
       ``(E) acceptance testing requirements for filled 
     containers; and
       ``(F) transportation operational concepts that minimize 
     accident risks.''
                                                                    ____


                           Amendment No. 4595

       On page 32, between lines 18 and 19, insert the following:
       ``(e) Interim Storage Facility Licensing Standards.--
       ``(1) No epa standards.--Notwithstanding any other 
     provision of law, the Administrator of the Environmental 
     Protection Agency shall not issue, by rule or otherwise, 
     standards for protection of the public from releases of 
     radioactive materials or radioactivity from the interim 
     storage facility, and any such standards that are in effect 
     on the date of enactment of this Act shall not be 
     incorporated in licensing regulations.
       ``(2) Establishment of overall system performance 
     standard.--The Commission shall establish a standard for 
     protection of the public from release of radioactive material 
     or radioactivity from the interim storage facility that 
     prohibits any release that would expose a member of the 
     general population to an annual dose of more than 25 
     millirems.
       ``(3) Basis for licensing determination.--The interim 
     storage facility licensing determination made by the 
     Commission for the protection of the public shall be based 
     solely on a finding whether the repository is capable of 
     being operated in conformance with the overall system 
     performance standard established under paragraph (2).''
                                                                    ____


                           AMENDMENT NO. 4596

       On page 44, lines 15 through 18, strike ``that would expose 
     an average member of the general population in the vicinity 
     of the Yucca Mountain site to an annual dose in excess of 100 
     millirems'' and insert ``that would expose a member of the 
     general population to an annual dose of more than 25 
     millirems.''.
                                                                    ____


                           AMENDMENT NO. 4597

       Beginning on page 73, strike line 17 and all that follows 
     through page 74, line 3, and insert the following:
       ``All actions authorized by this Act shall be subject to 
     and governed by the requirements of the Atomic Energy Act of 
     1954 (42 U.S.C. 2011 et seq.), the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Clean Air 
     Act (42 U.S.C. 7401 et seq.), title XIV of the Public Health 
     Service Act (commonly known as the ``Safe Drinking Water 
     Act'') (42 U.S.C. 300f et seq.), the Energy Reorganization 
     Act of 1974 (42 U.S.C. 5801 et seq.), chapter 51 of title 49, 
     United States Code, and the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10101 et seq.) (including regulations issued under 
     those Acts).''
                                                                    ____


                           AMENDMENT NO. 4598

       On page 33, strike lines 10 through 20 and insert the 
     following:
       ``(2) Emplacement of Fuel and Waste.--''
                                                                    ____


                           AMENDMENT NO. 4599

       On page 34, strike line 21 and all that follows through 
     page 38, line 24, and insert the following:
       ``(1) Major federal action.--Construction and operation of 
     the interim storage facility shall be considered to be a 
     major Federal action significantly affecting the quality of 
     the human environment for purposes of the National 
     Environmental Policy act of 1969 (42 U.S.C. 4321 et seq.).
       ``(2) Environmental impact statement.--The Secretary 
     shall--
       ``(A) at the same time as the Secretary submits to the 
     Commission an application for a license for the interim 
     storage facility, submit to the Commission an environmental 
     impact statement on the construction and operation of the 
     interim storage facility; and
       ``(B) supplement the environmental impact statement as 
     appropriate.
       ``(3) Considerations.--For purposes of complying with the 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) and this section, the Secretary 
     shall not consider in the environmental impact statement the 
     need for, or alternative sites or designs for, the interim 
     storage facility.''
                                                                    ____


                           Amendment No. 4600

       On page 42, line 4, strike ``reasonably''.
                                                                    ____


                           Amendment No. 4601

       On page 42, lines 11 and 12, strike ``reasonable''.
                                                                    ____


                           Amendment No. 4602

       Beginning on page 45, strike lines 15 and all that follows 
     through page 46, line 1, and insert the following: 
     ``repository performance; and
       ``(B) the Commission shall ensure that''.
                                                                    ____


                           Amendment No. 4603

       Beginning on page 73, strike line 17 and all that follows 
     through page 74, line 3, and insert the following:
       ``All actions authorized by this Act shall be subject to 
     and governed by the requirements of the Atomic Energy Act of 
     1954 (42 U.S.C. 2011 et seq.), the National Environmental 
     Policy Act of 1969 (42 U.S.C. 432 et seq.), the Clean Air Act 
     (42 U.S.C. 7401 et seq.), title XIV of the Public Health 
     Service Act (commonly known as the ``Safe Drinking Water 
     Act'') (42 U.S.C. 300f et seq.), the Energy Reorganization 
     Act of 1974 (42 U.S.C. 5801 et seq.), chapter 51 of title 49, 
     United States Code, and the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10101 ct seq.) (including regulations issued under 
     those Acts).''
                                                                    ____


                           Amendment No. 4604

       On page 11, strike lines 9 through 12.
                                                                    ____


                           Amendment No. 4605

       On page 11, lines 23 and 24, strike ``not later than 
     November 30, 1999'' and insert ``on a date that is after the 
     date on which a site for the permanent disposition of spent 
     nuclear fuel and high-level radioactive waste has been 
     identified and designated''.
                                                                    ____


                           Amendment No. 4606

       Beginning on page 13, strike line 22 and all that follows 
     through page 21, line 3, and insert the following:

     ``SEC. 201. TRANSPORTATION PLANNING.''
                                                                    ____


                           Amendment No. 4607

       On page 21, line 9, strike ``not later than November 30, 
     1999'' and insert ``on a date that is after the date on which 
     a site for the permanent disposition of spent nuclear fuel 
     and high-level radioactive waste has been identified and 
     designated''.
                                                                    ____


                           Amendment No. 4608

       On page 21, line 24, strike ``no later than November 30, 
     1999'' and insert ``on a date

[[Page S8031]]

     that is after the date on which a site for the permanent 
     disposition of spent nuclear fuel and high-level radioactive 
     waste has been identified and designated''.
                                                                    ____


                           Amendment No. 4609

       On page 27, line 8, strike ``by January 31, 1999'' and 
     insert ``by the date on which a site for the permanent 
     disposition of spent nuclear fuel and high-level radioactive 
     waste has been identified and designated''.
                                                                    ____


                           Amendment No. 4610

       Beginning on page 27, strike line 12 and all that follows 
     through page 29, line 20, and insert the following: 
     ``radioactive waste by the date on which a site for the 
     permanent disposition of spent nuclear fuel and high-level 
     radioactive waste has been identified and designated.
       ``(2) Immediately on designation of an interim storage 
     facility site by the President under paragraph (1), the 
     Secretary shall proceed''.
                                                                    ____


                           Amendment No. 4611

       On page 30, line 6, strike ``no later than November 30, 
     1999'' and insert ``not later than the date on which a site 
     for the permanent disposition of spent nuclear fuel and high-
     level radioactive waste has been identified and designated''.
                                                                    ____


                           Amendment No. 4612

       On page 31, lines 4 and 5, strike ``no later than November 
     30, 1999'' and insert ``not later than the date on which a 
     site for the permanent disposition of spent nuclear fuel and 
     high-level radioactive waste has been identified and 
     designated''.
                                                                    ____


                           Amendment No. 4613

       On page 31, lines 6 through 8, strike ``No later than 12 
     months after the date of enactment of the Nuclear Waste 
     Policy Act of 1996'' and insert ``Not later than the date on 
     which a site for the permanent disposition of spent nuclear 
     fuel and high-level radioactive waste has been identified and 
     designated''.
                                                                    ____


                           Amendment No. 4614

       On page 31, lines 23 through 25, strike ``No later than 30 
     months after the date of enactment of the Nuclear Waste 
     Policy Act of 1996'' and insert ``Not later than 36 months 
     after the date on which a site for the permanent disposition 
     of spent nuclear fuel and high-level radioactive waste has 
     been identified and designated''.
                                                                    ____


                           Amendment No. 4615

       On page 32, line 15, strike ``The license'' and all that 
     follows through the period on line 18.
                                                                    ____


                           Amendment No. 4616

       On page 32, lines 23 and 24, strike ``date of enactment of 
     the Nuclear Waste Policy Act of 1996'' and insert ``date on 
     which a site for the permanent disposition of spent nuclear 
     fuel and high-level radioactive waste has been identified and 
     designated''.
                                                                    ____


                           Amendment No. 4617

       On page 33, strike lines 10 through 20 and insert the 
     following:
       ``(2) Emplacement of fuel and waste.--''.
                                                                    ____


                           Amendment No. 4618

       On page 39, line 20, strike ``No later than February 
     1,2002,'' and insert ``By February 1, 2002, or such later 
     date as is consistent with confident identification and 
     designation of Yucca Mountain as a permanent repository 
     site,''.
                                                                    ____


                           Amendment No. 4619

       On page 39, line 26, strike ``geologic repository'' and 
     insert ``permanent repository site''.
                                                                    ____


                           Amendment No. 4620

       On page 48, lines 18 and 20, strike ``the interim storage 
     facility site and the Yucca Mountain site, as described in 
     subsection (b), are'' and insert ``the Yucca Mountain site as 
     described in subsection (b), is''.
                                                                    ____


                           Amendment No. 4621

       On page 48, line 25, strike ``the interim storage facility 
     site and''.
                                                                    ____


                           Amendment No. 4622

       Beginning on page 49, strike line 4 and all that follows 
     through page 51, line 3, and insert the following:
       ``(3) Reservation.--Until any such date as the Yucca 
     Mountain Site may be determined to be unsuitable for use as a 
     repository, the Yucca Mountain site is reserved for the use 
     of the Secretary for the construction and operation of a 
     repository and activities associated with the purposes of 
     this title.
       ``(b) Land Descriptions.--
       ``(1) Interim storage facility.--Not later than 180 days 
     after the date on which a site for the permanent disposition 
     of spend nuclear fuel and high-level radioactive waste has 
     been identified and designated, the Secretary shall--
       ``(A) publish in the Federal Register a notice containing a 
     legal description of the interim storage facility site; and
       ``(B) establish boundaries of an interim storage facility 
     site proximate to the repository site, depict those 
     boundaries on a map entitled `Interim Storage Facility Site 
     Withdrawal Map', and file copies of the map and the legal 
     description of the interim storage facility site with 
     Congress, the Secretary of the Interior, the Governor of the 
     State in which the interim storage facility site is situated, 
     and the Archivist of the United States.
       ``(2) Permanent repository.--
       ``(A) In general.--The boundaries depicted on the map 
     entitled ``Yucca Mountain Site Withdrawal Map,'' dated March 
     1995, and on file with the Secretary, are established as the 
     boundaries of the Yucca Mountain site.
       ``(B) Notice and maps.--Concurrent with the Secretary's 
     application to the Commission for authority to construct a 
     repository at the Yucca Mountain site, the Secretary shall--
       ``(i) publish in the Federal Register a notice containing a 
     legal description of the Yucca Mountain site; and
       ``(ii) file copies of the map described in subparagraph 
     (A), and the legal description of the Yucca Mountain site 
     with Congress, the Secretary of the Interior, the Governor of 
     the State of Nevada, and the Archivist of the United States.
       ``(3) Construction.--The maps and legal description of the 
     interim storage facility site and the Yucca Mountain site 
     referred to in this subsection shall have the same force and 
     effect as if they were included in this Act. The Secretary 
     may correct clerical and typographical errors in the maps and 
     legal descriptions and make minor adjustments in the 
     boundaries of the sites.''
                                                                    ____


                           Amendment No. 4623

       On page 84, strike lines 15 through 20 and insert the 
     following:
       ``(2) The Secretary shall ensure that all reasonable effort 
     is made to meet spent fuel emplacement rates of--
       ``(A) 1,200 MTU in each of the first and second years of 
     operation;
       ``(B) 2,000 MTU in each of the third and fourth years of 
     operation;
       ``(C) 2,700 MTU in the fifth year of operation; and
       ``(D) 3,000 MTU in each year after the fifth year of 
     operation.''
                                                                    ____


                           Amendment No. 4624

       On page 84, line 22, strike ``January 31, 1999'' and insert 
     ``the date on which a site for the permanent disposition of 
     spent nuclear fuel and high-level radioactive waste has been 
     identified and designated''.
                                                                    ____


                           Amendment No. 4625

       On page 85, line 7, strike ``in fiscal year 2000,'' and 
     insert ``within 2 years after the date on which a site for 
     the permanent disposition of spent nuclear fuel and high-
     level radioactive waste has been identified and designated''.
                                                                    ____


                           Amendment No. 4626

       On page 61, between line 5 and 6, insert the following:

     ``SEC. 306. COMPENSATION FOR LOSS OF PROPERTY VALUES.

       ``An owner of property may bring a civil action in United 
     States district court to recover from the Secretary the 
     amount by which the property is diminished in value as a 
     result of the construction or operation of the interim 
     storage facility or the transportation of spent nuclear fuel 
     or high-level radioactive waste under this Act.''
                                                                    ____


                           Amendment No. 4627

       On page 22, strike lines 12 through 16 and insert the 
     following:
       ``(b) Advance Notification.--
       ``(1) In general.--Not more than 45 nor less than 30 days 
     before the date on which spent nuclear fuel or high-level 
     radioactive waste is to be transported in a State, the 
     Secretary shall provide to the State, to each local 
     government within the jurisdiction of which the spent nuclear 
     fuel or high-level radioactive waste is to be transported, 
     and to each owner of property, resident of property, and 
     operator of a business on property within 50 miles of each 
     point along the route on which the spent nuclear fuel or 
     high-level radioactive waste is to be transported, a notice 
     containing the information described in paragraph (2).
       ``(2) Information to be provided.--A notice under paragraph 
     (1) shall describe the precise route on which spent nuclear 
     fuel or high-level radioactive waste is to be transported and 
     describe the date and approximate (within 60 minutes) time of 
     day that the spent nuclear fuel or high-level radioactive 
     waste will pass each tenth mile along the route.''
                                                                    ____


                           Amendment No. 4628

       On page 100, line 24, strike ``annul'' and insert 
     ``annual''.
                                                                    ____


                           Amendment No. 4629

       On page 8, lines 10 and 11, strike ``specific site within 
     area 25 of the Nevada test''.
                                                                    ____


                           Amendment No. 4630

       On page 37, strike lines 12 through 24.

                          ____________________