[Congressional Record Volume 148, Number 147 (Thursday, November 14, 2002)]
[Senate]
[Pages S11081-S11083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Nelson of Florida, Mr. Cleland, 
        and Mr. Edwards):
  S. 3162. A bill to amend title 49, United States Code, to enhance the 
security of transporting high-level nuclear waste and spend nuclear 
fuel, and for other purposes; to the Committee on Commerce, Science, 
and Transportation.
  Mr. DURBIN. Mr. President, I rise today to introduce legislation to 
improve the safety of nuclear waste transportation across our Nation. 
This bill, the Nuclear Waste Transportation Security Act of 2002, seeks 
to address the concerns raised by the Congress' decision earlier this 
year to transport spent nuclear fuel to Yucca Mountain, NV, for 
underground storage. Joining me in its introduction are Senators 
Cleland, Edwards, and Nelson.
  I voted in favor of moving nuclear waste to Yucca Mountain. My 
decision was not a simple one; rather its ramifications required 
serious consideration. At that time, I predicated my `yes' vote on the 
waste being transported safely and securely through my home State of 
Illinois and across our Nation, and I indicated that I would introduce 
legislation to improve that safety and security. This is that 
legislation.
  The Nuclear Waste Transportation Security Act directs the Secretary 
of

[[Page S11082]]

Transportation to establish a comprehensive transportation safety 
program that considers terrorist threats and other potential dangers to 
the safe transportation of this spent fuel. The Department of 
Transportation, the regulator of these shipments, will consult with 
numerous cabinet and sub-cabinet offices, including the soon to be 
created Department of Homeland Security, to develop this program. After 
one year, the Secretary will deliver a progress report to Congress on 
the program's development and implementation.
  To better assist State, local, and tribal governments in implementing 
this program, our bill establishes a grant program at DOT related to 
the transportation of nuclear spent fuel. First responders will be 
eligible for these grants, which will emphasize frequently used routes. 
The grants will be used for infrastructure improvements, drills and 
training, and other activities as determined by the Secretary. DOE and 
the Federal Radiological Preparedness Coordinating Committee, FRPCC, of 
FEMA will consult on the grant program. For this purpose, the bill 
authorizes $3,000,000 for fiscal year 2003 and additional funds as 
necessary for fiscal years 2004 through 2012.
  A key component of spent nuclear fuel transportation is ensuring the 
safety and security of routes nationwide. Much of this fuel is likely 
to be transported through my own State of Illinois, right through the 
center of Chicago and Springfield, our State capitol. I want to be 
certain that its transport does not endanger my constituents in any 
way. The Department of Energy ranks Illinois seventh in truck shipments 
under what is called the ``mostly truck scenario,'' and sixth in rail 
shipments in the ``mostly rail scenario.'' Nearly half of Illinois' 
electricity is generated from nuclear power. With seven nuclear power 
plants and two nuclear research reactors Illinois produces more nuclear 
waste than any other State and is home to some of the busiest 
transportation corridors in the Nation. The safety of Illinoisans is at 
stake. These stakes are too high for us to gamble. Safety must be a top 
priority.
  To ensure this safety, my bill requires that the DOT consult with 
State governments in establishing routes and provide 14-days' notice to 
governors of shipments through their States. The bill requires 
dedicated trains for the waste with trained guards stationed at the 
front and rear ends of each train. The bill provides the Secretary of 
Transportation and the Director of Homeland Security with waiver 
authority for national or homeland security. Under my legislation, 
trains must be equipped with communication systems providing continuous 
access to first responders and must be equipped with the best available 
technology, including appropriate health monitoring systems. Finally, 
to ensure the safe transportation of passengers and shippers on our 
nation's waterways, nuclear waste shipments may not be made via the 
inland waterways or on the Great Lakes unless waived for national or 
homeland security purposes. This is critical to adequately protect 
these important natural resources.

  Once the infrastructure is established and the routing determined, 
employees must be certified to handle any such emergencies that may 
result from this transportation and to mitigate their impact on local 
populations. My bill amends certification requirements for hazmat 
employees, requiring that certification be renewed every three years. 
Currently, this certification, without renewals, is required by 
regulation but not codified in statute.
  The bill directs hazmat employers to submit training programs to DOT 
for review and approval and expands the definition of covered employees 
to include those who may be among the first responders to an accident 
but who do not receive training under current regulations. To provide 
funding for this additional training, the bill reauthorizes the 
training grant program for hazmat instructors who train hazmat 
employees, and enables it to cover hazmat employee training as well. 
Appropriations are authorized at $3,000,000 for fiscal year 2003 and 
for such sums as necessary for fiscal years 2004-2012.
  The maximum civil penalties for violating hazmat laws regarding 
radioactive materials are increased from $25,000 to $100,000.
  As a means of involving the public in these decisions affecting 
safety and security, the bill establishes a public outreach program to 
protect public health and safety. The program will be developed by FEMA 
in coordination with other agencies. In addition, the bill requires the 
EPA and the Centers for Disease Control and Prevention to conduct a 
study and report to Congress regarding the effects on public health of 
routine transportation of nuclear waste and accidents involving its 
transportation. The report is due one year after the date of enactment.
  Especially important to my legislation is the establishment of 
requirements for casks. Also known as packages, these casks contain the 
spent nuclear fuel that is being shipped. The bill requires the Nuclear 
Regulatory Commission, which has authority over the casks, to execute a 
comprehensive testing program in conjunction with DOT and DHS, and 
requires them to conduct a survey of potential terrorist and other 
threats that may be posed to casks. The NRC and DOT must jointly 
certify the safety of the casks, which must be designed to handle head-
on collisions at any speed at which they will be transported, attempted 
puncture by armor-piercing ammunition, falls of the maximum distance to 
which the package could fall on likely routes, submersion in water to 
the maximum depth to which the package could be submerged, continuous 
exposure to the maximum temperature to which the package is likely to 
be subjected in an event involving fire, and other threats that may be 
identified. The agencies involved in this effort must report to 
Congress every two years on these activities.
  Finally, the bill amends current statute to exclude DOT and NRC 
contractors from participating on the Nuclear Waste Technical Review 
Board and enables the Board to review the activities of the DOT and NRC 
and to obtain documents from them as part of its existing investigative 
powers. This provision will prevent any conflicts of interest between 
the reviewers and implementers of this law. The Board's termination 
date is extended from one year after nuclear waste begins to be 
deposited at a national repository to 10 years after such waste begins 
to be deposited.
  I believe that our legislation alleviates many of the concerns of 
shippers, hazmat employees, the federal government, and affected 
citizens regarding the transportation of nuclear spent fuel across our 
Nation. In the course of its development, we consulted with shippers, 
railroads, labor unions, the nuclear industry, federal regulators, the 
environmental community, and our colleagues in the Senate. The bill 
seeks to address the real threats we face and to take economic and 
safety concerns into account, with the primary goal of increasing the 
safety and security of these materials during their transportation to 
Yucca Mountain. I appreciate the assistance that these groups have 
provided. I remain open to their further input and look forward to 
working with them to enact this critical legislation.
  Mr. NELSON. Mr. President, I am pleased to join my colleagues, 
Senator Durbin, Senator Edwards and Senator Cleland in introducing the 
Nuclear Waste Transportation Security Act.
  Ensuring the safe and secure transportation of our high-level nuclear 
waste across this country is of paramount importance. The greatest 
concern I had voting for the Yucca Mountain Resolution was the safe 
transportation of our waste to Yucca.
  This piece of legislation is the first step in what I see as 
Congress' ongoing duty to oversee and evaluate our Nation's transport 
of nuclear waste.
  Specifically, this bill directs the Department of Transportation to 
develop and carry out a comprehensive safety program that considers, 
among other things, terrorist threats.
  State and Federal cooperation is required. States must be consulted 
by DOT in making routing decisions and notified when shipments are 
traveling through their State.
  Dedicated trains, armed escorts and state of the art communication 
systems must be employed.
  Full-scale testing of casks to withstand the maximum temperature, 
water depth and piercing likely to be encountered must also be carried 
out.

[[Page S11083]]

  The EPA and CDC must conduct a study and report to Congress on the 
effects, if any, on public health of routine transportation of nuclear 
waste and accidents involving the transportation of nuclear waste.
  And, the Federal Emergency Management Agency must administer a public 
outreach program on nuclear waste to educate the public on appropriate 
means of responding to an accident or attack involving high-level 
nuclear waste.
  Employing the expertise of the DOT, NRC, FEMA, EPA and CDC to protect 
the American people from any potential danger posed by nuclear waste 
transport is the aim and goal of this legislation and I hope my 
colleagues will support it.
  The first shipments of nuclear waste to Yucca Mountain will not take 
place until 2010. We need to use the time between now and then to 
ensure that the transportation system that will carry this waste is a 
safe as it can possibly be.
                                 ______