article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Import Control and Safe Handling of Spent Nuclear Fuel Act of 1995''. SEC. 2. PROHIBITION ON IMPORTS OF SPENT NUCLEAR FUEL. No spent nuclear fuel may be imported into the United States unless-- (1) the Congress by law has approved a repository or repositories with the capacity to store or dispose of all spent nuclear fuel generated by commercial nuclear reactors in the United States and from atomic energy defense activities; (2) the appropriate Federal agency or agencies have licensed such repository or repositories for the purpose described in paragraph (1); and (3) the repository or repositories are operating. SEC. 3. NATIONAL SECURITY EXCEPTIONS. (a) Proliferating Countries.--The prohibition contained in section 2 shall not apply to imports of spent nuclear fuel from a country if-- (1) the President determines that such country-- (A) is not a country authorized to possess nuclear weapons under the Treaty on the Non-Proliferation of Nuclear Weapons; and (B) is known or suspected to be producing or developing nuclear weapons; and (2) the President so notifies the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate at least 30 days in advance of the arrival of the imported fuel into the customs territory of the United States. (b) Samples.--The prohibition contained in section 2 shall not apply to samples of spent nuclear fuel imported for testing and evaluation for national security purposes. SEC. 4. GUIDELINES BY PORT AUTHORITIES TO ENSURE SAFE SHIPMENT OF CERTAIN MATERIAL. (a) In General.--Any port authority may-- (1) through a public comment process, establish reasonable guidelines to ensure that the unloading, transfer, and shipment of spent nuclear fuel at or through a port under its jurisdiction is conducted in a manner that protects the public health and safety and the environment at, and in the vicinity of, such marine port; and (2) require that any such unloading, transfer, or shipment be in compliance with such guidelines. (b) Descriptions of Guidelines.--Guidelines which a port authority may establish include, but are not limited to, the following: (1) Workers must be properly trained (to the satisfaction of any union representing such workers) in the handling of the spent nuclear fuel. (2) A comprehensive response plan covering spent nuclear fuel (including containment in case of fire, spill response, and other contingencies) must be in place before spent nuclear fuel can enter the port. (3) Local communities must be informed of the unloading, transfer, or shipment of the spent nuclear fuel, as well as possible consequences. The guidelines may include and, if requested by local communities in the immediate vicinity of the port over which the port authority has jurisdiction, or local communities through which spent nuclear fuel would pass when transported by rail or motor vehicle from the port, should include, reasonable standards for storage or parking of casks or transport vehicles carrying spent nuclear fuel and prohibitions against the movement of spent nuclear fuel from the port at certain times or under certain weather, traffic, or similar conditions that could increase the exposure of the public to radiation or increase the risk of an accident occurring during the movement of the spent nuclear fuel. (4) Radiation exposure levels for workers may not exceed standards for public exposure previously established by regulation. (c) Relation to Other Requirements.--(1) Subsection (a) shall apply only to guidelines that are more protective of the public health and safety and the environment than other applicable requirements established under Federal, State, or local law. (2) The existence or enforcement of any requirements under any Federal, State, or local law governing the unloading, transfer, or shipment of spent nuclear fuel shall not preclude or preempt the adoption or enforcement of guidelines established under subsection (a). SEC. 5. LIABILITY. Nothing in this Act shall affect the liability or indemnification of the port in the handling of nuclear materials. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) Atomic energy defense activity.--The term ``atomic energy defense activity'' means any activity of the Secretary of Energy performed in whole or in part in carrying out any of the following functions: (A) Naval reactors development. (B) Weapons activities including defense inertial confinement fusion. (C) Verification and control technology. (D) Defense nuclear materials production. (E) Defense nuclear waste and materials byproducts management. (F) Defense nuclear materials security and safeguards and security investigations. (G) Defense research and development. (2) Port authority.--The term ``port authority'' means any local, regional, State, or interstate authority having jurisdiction with respect to the operation of a port in the United States. (3) Repository.--The term ``repository'' has the meaning given such term by section 2(18) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(18)). (4) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given such term by section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)).
summary: Import Control and Safe Handling of Spent Nuclear Fuel Act of 1995 - Prohibits the importation of spent nuclear fuel unless: (1) the Congress has approved a repository with storage or disposal capacity for all the spent nuclear fuel from commercial nuclear reactors and atomic energy defense activities; and (2) such repositories are federally licensed and operating. Exempts from such proscription: (1) samples of spent nuclear fuel imported for testing and evaluation for national security reasons; and (2) imports from countries not authorized to possess nuclear weapons under the Treaty on the Non-Proliferation of Nuclear Weapons, but which are known or suspected to be producing or developing nuclear weapons. Provides guidelines which a port authority may use to ensure the safe unloading, transfer, and shipment of spent nuclear fuel through its port.