text: 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)).
target: 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.
feat_title: Import Control and Safe Handling of Spent Nuclear Fuel Act of 1995