[Congressional Record Volume 142, Number 105 (Wednesday, July 17, 1996)]
[Senate]
[Pages S8031-S8033]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    GLENN AMENDMENTS NOS. 4631-4633

  (Ordered to lie on the table.)
  Mr. GLENN submitted three amendments intended to be proposed by him 
to the bill S. 1936, supra; as follows:

                           Amendment No. 4631

       Beginning on page 95, strike line 8 and all that follows 
     through page 97, line 20.

[[Page S8032]]



                           Amendment No. 4632

       Beginning on page 73, strike line 16 and all that follows 
     through page 74, line 3.
                                                                    ____


                           Amendment No. 4633

       Beginning on page 43, strike line 19 and all that follows 
     through page 46, line 15, and insert the following:
       ``(d) Analysis of System Performance.--The Commission
                                 ______
                                 

                    BRYAN AMENDMENTS NOS. 4634-4665

  (Ordered to lie on the table.)
  Mr. BRYAN submitted 32 amendments intended to be proposed by him to 
the bill S. 1936, supra; as follows:

                           Amendment No. 4634

       On page 31, line 5, strike ``1999'' and insert ``2012''.
                                                                    ____


                           Amendment No. 4635

       On page 27, line 17, strike ``1998'' and insert ``2023''.
                                                                    ____


                           Amendment No. 4636

       On page 31, line 18, strike ``15,000'' and insert ``850''.
                                                                    ____


                           Amendment No. 4637

       On page 31, line 18, strike ``15,000'' and insert ``50''.
                                                                    ____


                           Amendment No. 4638

       On page 13, after line 13, insert ``(3) the protection 
     offered States being considered by the Department of Energy 
     for a permanent repository under section 145 (g) or section 
     141 (g) of the Nuclear Waste Policy Act of 1982''.
                                                                    ____


                           Amendment No. 4639

       On page 13, after line 13, insert ``(3) rights reserved for 
     the State of Nevada under the tenth amendment of the United 
     States Constitution.''
                                                                    ____


                           Amendment No. 4640

       On page 13, after line 13, insert ``(3) commitments made to 
     the citizens of Nevada under the Nuclear Waste Policy Act of 
     1982.''
                                                                    ____


                           Amendment No. 4641

       On page 11, line 24, strike ``1999'' and insert ``2030''.
                                                                    ____


                           Amendment No. 4642

       On page 11, line 24, strike ``1999'' and insert ``2020''.
                                                                    ____


                           Amendment No. 4643

       On page 11, line 24, strike ``1999'' and insert ``2015''.
                                                                    ____


                           Amendment No. 4644

       On page 13, strike line 4 through line 13.
                                                                    ____


                           Amendment No. 4645

       On page 11, strike line 19 through line 24.
                                                                    ____


                           Amendment No. 4646

       On page 31, line 18, strike ``15,000'' and insert ``455''.
                                                                    ____


                           Amendment No. 4647

       On page 31, line 5, strike ``1999'' and insert ``2010''.
                                                                    ____


                           Amendment No. 4648

       On page 31, line 18, strike ``15,000'' and insert ``700''.
                                                                    ____


                           Amendment No. 4649

       At the end of Title 1, add ``(h) Limitation.--Nothing in 
     this Act shall be construed to subject the United States to 
     financial liability for transportation, storage, or disposal 
     of any waste generated by commercial nuclear utilities.''
                                                                    ____


                           Amendment No. 4650

       On page 85, strike line 13 through line 15.
                                                                    ____


                           Amendment No. 4651

       Strike section 508.
                                                                    ____


                           Amendment No. 4652

       On page 84, strike line 21 through page 85, line 11.
                                                                    ____


                           Amendment No. 4653

       On page 79, strike line 20 through page 80 line 8.
                                                                    ____


                           Amendment No. 4654

       On page 64, line 6, strike ``1.0'' and insert ``2.5''.
                                                                    ____


                           Amendment No. 4655

       On page 95, line 12, strike all after ``Business.'' through 
     line 16.
                                                                    ____


                           Amendment No. 4656

       On page 90, strike section 603.
                                                                    ____


                           Amendment No. 4657

       On page 75, strike line 10 through line 20.
                                                                    ____


                           Amendment No. 4658

       At the appropriate place, add

     SEC.  . INDEPENDENT REVIEW.

       (a) Establishment of Commission.
       (1) In General.--The President, in consultation with the 
     science advisor to the President and the Council on 
     Environmental Quality, shall establish a commission to be 
     known as the ``Nuclear Waste Policy Review Commission'' 
     (referred to in this act as the ``Commission'').
       (2) Representation of Interest Groups.--The membership and 
     structure of the Commission shall be determined by the 
     President with a view towards providing representation from--
       (A) Environmental groups;
       (B) Consumer groups;
       (C) Taxpayer groups;
       (D) The scientific community, including nuclear-oriented 
     and other fields such as biology and medicine;
       (E) State and local governments;
       (F) Indian tribes;
       (G) Transportation experts;
       (H) Management experts;
       (I) Federal, State, and local regulatory agencies;
       (J) Utilities; and
       (K) Other affected industries.
       (3) Independent status.--The Commission shall be 
     independent of the Department of Energy and other Federal 
     agencies.
       (4) Participation by the public.--The Commission shall hold 
     public meetings and provide full opportunities for 
     participation by all interested parties.
       (b) Issues To Be Considered.
       The Commission shall consider all issues related to United 
     States policy concerning high-level, transuranic, low-level 
     waste, and other radioactive wastes including--
       (1) various options for high-level radioactive waste 
     storage and disposal, including deep geologic disposal, on-
     site dry storage, monitored retrievable storage, centralized 
     interim storage, or any other options;
       (2) evaluation of the experiences of other countries in 
     storing and disposing of radioactive waste;
       (3) an analysis of funding through the Nuclear Waste Fund 
     established by section 302 of the Nuclear Waste Policy Act of 
     1982 (42 U.S.C. 10222), including fee sufficiency and 
     strategies for providing equity for ratepayer contributions 
     to the Nuclear Waste Fund;
       (4) the siting and characterization process for nuclear 
     waste programs currently in effect and alternatives to those 
     programs;
       (5) technical, managerial, economic, and policy analyses of 
     the nuclear waste inventory of the United States; and
       (6) an examination of the classification system for nuclear 
     waste currently in effect, and options for reclassification.
       (c) Report.
       Not later than 2 years after the date of enactment of this 
     Act, the Commission shall submit to Congress a report on its 
     review under this Act, including recommendations for 
     legislative or other action.
       (d) Limitation.
       Notwithstanding any other provision of this Act, the 
     Secretary shall take no actions related to interim storage of 
     spent nuclear fuel or high-level radioactive waste until the 
     Commission report has been filed with Congress.
       (e) Termination of Commission.
       The Commission shall terminate 30 days after the date on 
     which the Commission submits its report under section 6.
       (f) Authorization of Appropriations.
       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.''
                                                                    ____


                           Amendment No. 4659

       On page 27, line 8, strike ``1999'' and insert ``2010''.
                                                                    ____


                           Amendment No. 4660

       At the appropriate place, add:

     ``SEC. 13. PRIVATE PROPERTY RIGHTS PROTECTION.

       (a) Findings.--
       The Congress finds that--
       (1) the private ownership of property is essential to a 
     free society and is an integral part of the American 
     tradition of liberty and limited government;
       (2) the framers of the United States Constitution, in order 
     to protect private property and liberty, devised a framework 
     of Government designed to diffuse power and limit Government;
       (3) to further ensure the protection of private property, 
     the fifth amendment to the United States Constitution was 
     ratified to prevent the taking of private property by the 
     Federal Government, except for public use and with just 
     compensation;
       (4) the purpose of the takings clause of the fifth 
     amendment of the United States Constitution, as the Supreme 
     Court stated in Armstrong v. United States, 364 U.S. 40, 49 
     (1960), is ``to bar Government from forcing some people alone 
     to bear public burdens, which in all fairness and justice, 
     should be borne by the public as a whole'';
       (5) the Federal Government has singled out property holders 
     to shoulder the cost that should be borne by the public, in 
     violation of the just compensation requirement of the takings 
     clause of the fifth amendment of the United States 
     Constitution;
       (6) there is a need both to restrain the Federal Government 
     in its overzealous regulation of the private sector and to 
     protect private property, which is a fundamental right of the 
     American people; and
       (7) the incremental, fact-specific approach that courts now 
     are required to employ in the absence of adequate statutory 
     language to vindicate property rights under the fifth 
     amendment of the United States Constitution has been 
     ineffective and costly and there is a need for Congress to 
     clarify the law and provide an effective remedy.

[[Page S8033]]

       (b) Definitions.--
       (1) ``just compensation''--
       (A) means compensation equal to the full extent of a 
     property owner's loss, including the fair market value of the 
     private property taken and business losses arising from a 
     taking, whether the taking is by physical occupation or 
     through regulation, exaction, other means; and
       (B) shall include compounded interest calculated from the 
     date of the taking until the date the United States tenders 
     payment;
       (2) ``owner'' means the owner or possessor of property or 
     rights in property at the time the taking occurs, including 
     when--
       (A) the statute, regulation, rule, order, guideline, 
     policy, or action is passed or promulgated; or
       (B) the permit, license, authorization, or governmental 
     permission is denied or suspended;
       (3) ``private property'' or ``property'' means all property 
     protected under the fifth amendment to the Constitution of 
     the United States, any applicable Federal or State law, or 
     this Act, and includes--
       (A) real property, whether vested or unvested, including--
       (i) estates in fee, life estates, estates for years, or 
     otherwise;
       (ii) inchoate interests in real property such as remainders 
     and future interests;
       (iii) personalty that is affixed to or appurtenant to real 
     property;
       (iv) easements;
       (v) leaseholds;
       (vi) recorded liens; and
       (vii) contracts or other security interests in, or related 
     to, real property;
       (B) the right to use water or the right to receive water, 
     including any recorded lines on such water right;
       (C) rents, issues, and profits of land, including minerals, 
     timber, fodder, crops, oil and gas, coal, or geothermal 
     energy;
       (D) property rights provided by, or memorialized in, a 
     contract, except that such rights shall not be construed 
     under this title to prevent the United States from 
     prohibiting the formation of contracts deemed to harm the 
     public welfare or to prevent the execution of contracts for--
       (i) national security reasons; or
       (ii) exigencies that present immediate or reasonably 
     foreseeable threats or injuries to life or property;
       (E) any interest defined as property under State law; or
       (F) any interest understood to be property based on custom, 
     usage, common law, or mutually reinforcing understandings 
     sufficiently well-grounded in law to back a claim of 
     interest;
       (4) ``taking of private property'', ``taking'', or 
     ``take''--
       (A) means any action whereby private property is directly 
     taken as to require compensation under the fifth amendment to 
     the United States Constitution or under this Act, including 
     by physical invasion, regulation, exaction, condition, or 
     other means.
       (c) Limitation.--
       (1) Notwithstanding any other provision of this Act, the 
     Secretary shall take no actions related to the transportation 
     of spent nuclear fuel or high-level radioactive waste until 
     publishing in the Federal Register a determination that the 
     owners of all property likely to be subject to a taking as a 
     result of such transportation, as defined by this Act, have 
     received just compensation for such taking out of the Nuclear 
     Waste Fund.
       (2) Notwithstanding any other provision of this Act, the 
     Secretary shall take no actions related to the interim 
     storage of spent nuclear fuel or high-level radioactive waste 
     until publishing in the Federal Register a determination that 
     the owners of all property likely to be subject to a taking 
     as a result of such storage, as defined by this Act, have 
     received just compensation for such taking out of the Nuclear 
     Waste Fund.''
                                                                    ____


                           Amendment No. 4661

       On page 27, line 8, strike ``1999'' and insert ``2011''.
                                                                    ____


                           Amendment No. 4662

       At the appropriate place, add:

     ``SEC.   . INDEPENDENT REVIEW.

       (a) Establishment of Commission.
       (1) In general.--The President, in consultation with the 
     Science Advisor to the President and the Council on 
     Environmental Quality, shall establish a commission to be 
     known as the ``Nuclear Waste Policy Review Commission'' 
     (referred to in this act as the ``Commission'').
       (2) Representation of interest groups.--The membership and 
     structure of the Commission shall be determined by the 
     President with a view towards providing representation from--
       (A) Environmental groups;
       (B) Consumer groups;
       (C) Taxpayer groups;
       (D) The scientific community, including nuclear-oriented 
     and other fields such as biology and medicine;
       (E) State and local governments;
       (F) Indian tribes;
       (G) Transportation experts;
       (H) Management experts;
       (I) Federal, state, and local regulatory agencies;
       (J) Utilities; and
       (K) Other affected industries.
       (3) Independent status.--The Commission shall be 
     independent of the Department of Energy and other Federal 
     agencies.
       (4) Participation by the public.--The Commission shall hold 
     public meetings and provide full opportunities for 
     participation by all interested parties.
       (b) Issues To Be Considered.
       The Commission shall consider all issues related to United 
     States policy concerning high-level, transuranic, low-level 
     waste, and other radioactive wastes including--
       (1) various options for high-level radioactive waste 
     storage and disposal, including deep geologic disposal, on-
     site dry storage, monitored retrievable storage, centralized 
     interim storage, or any other options;
       (2) evaluation of the experiences of other countries in 
     storing and disposing of radioactive waste;
       (3) an analysis of funding through the Nuclear Waste Fund 
     established by section 302 of the Nuclear Waste Policy Act of 
     1982 (42 U.S.C. 10222), including fee sufficiency and 
     strategies for providing equity for ratepayer contributions 
     to the Nuclear Waste Fund;
       (4) the siting and characterization process for nuclear 
     waste programs currently in effect and alternatives to those 
     programs;
       (5) technical, managerial, economic, and policy analyses of 
     the nuclear waste inventory of the United States; and
       (6) an examination of the classification system for nuclear 
     waste currently in effect, and options for reclassification.
       (c) Report.
       Not later than 2 years after the date of enactment of this 
     Act, the Commission shall submit to Congress a report on its 
     review under this Act, including recommendations for 
     legislative or other action.
       (d) Termination of Commission.
       The Commission shall terminate 30 days after the date on 
     which the Commission submits its report under section 6.
       (e) Authorization of Appropriations.
       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.''
                                                                    ____


                           Amendment No. 4663

       On page 39, strike line 3 through line 8.
                                                                    ____


                           Amendment No. 4664

       On page 37, strike line 13 through line 24.
                                                                    ____


                           Amendment No. 4665

       On page 37, strike line 5 through line 12.
                                                                    ____
                                  

                          ____________________