[Congressional Record Volume 147, Number 154 (Thursday, November 8, 2001)]
[Senate]
[Pages S11612-S11630]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BIDEN:
  S. 1655. A bill to amend title 18, United States Code, to prohibit 
certain interstate conduct relating to exotic animals; to the Committee 
on the Judiciary.
  Mr. BIDEN. Madam President, I rise today to introduce the Captive 
Exotic Animal Protection Act. This legislation was first introduced in 
the 104th Congress by former Senator Frank Lautenberg and I am pleased 
to be here today continuing his legacy.
  The Captive Exotic Animal Protection Act would make it illegal to 
knowingly transfer, transport, or possess in interstate commerce of 
foreign commerce, a confined exotic mammal for the purposes of allowing 
the killing or injuring of that animal for entertainment or for the 
collection of a trophy. The bill protects exotic mammals that have been 
held in captivity for the shorter of a. the greater part of the 
animal's life, or b. a period of one year, whether or not the defendant 
knew the length of the captivity. This bill is intended to prevent the 
cruel and unsporting practice of what we have come to know as ``canned 
hunts.''
  Words cannot describe a ``canned'' hunt. The images that I have seen,

[[Page S11613]]

footage taken surreptitiously at these ranches, provides evidence that 
the treatment of these animals is troubling. Today, at more than 1,000 
commercial canned hunt operations across the country, trophy hunters 
pay a fee to shoot captive exotic animals, from African lions to 
giraffes, blackbuck antelope, assorted African goats and sheep, a 
Corsican ram, or a boar, in fenced-in enclosures. The hunting of these 
animals typically occurs in a fenced enclosure and is often in a 
``guaranteed kill'' arrangement meaning that a hunter by virtue of the 
fact that he has paid his fee is assured of a kill.
  Now hunting is a sport and if you ask any of the hunters in my home 
State of Delaware or elsewhere about this they will tell you that there 
is an ethic of hunting that involves consideration of fair chase, 
affording the animal the opportunity to evade or elude the hunter. 
Canned hunts, in fenced-in enclosures, weigh the odds so heavily in 
favor of the hunters that it essentially eliminates the fair chase 
component. In addition, these animals on hunting ranches are often fed 
by hand, in a sense domesticated, and have little or no fear of humans. 
They don't run when they see a human being in front of them. This 
practice is unfair and unsportsmanlike.
  But it is not just about the fact that this practice is inhumane, 
there are also other concerns. Clustered in a captive setting at 
unusually high densities, confined exotic animals often attract disease 
more readily than more widely dispersed native species who roam freely. 
These exotics then interact with native species through fences, 
jeopardizing the health of deer, elk, and other native species. Animal 
disease places hunting programs and wildlife watching programs, that 
generate millions of dollars in economic activity, at risk.
  While a number of States have taken action to prohibit the practice 
of canned hunts, California, Connecticut, Georgia, Indiana, Maryland, 
Massachusetts, Montana, Nevada, North Carolina, New Jersey, Oregon, 
Rhode Island, Washington, Wisconsin, and Wyoming have passed such 
statutes, that is only a small segment of the country. Unfortunately, 
the regulation of the transport and treatment of exotic animals on 
shooting preserves falls outside the traditional domains of State 
agriculture departments and State fish and games agencies. The Captive 
Exotic Animal Protection Act is specifically designed to address this 
problem, which directly involves an issue of interstate commerce.
  This is sensible legislation that is backed by responsible hunters, 
animal protection advocates, wildlife scientists, environmentalists and 
zoological professionals. The Boone and Crockett Club and the Izaak 
Walton League of America, nationally recognized hunting clubs, have 
policy positions affirmatively opposing canned hunts. In addition, this 
legislation is supported by the Humane Society of the United States, 
the Doris Day Animal League, the Fund for Animals, and the Animal 
Protection Institute.
  I want to say to my colleagues who may have questions about this 
legislation that the Captive Exotic Animal Protection Act is limited in 
its scope and purpose and will not limit the licensed hunting of any 
native mammals or any native or exotic birds. The bill is directed at 
true ``canned'' hunts and covers only exotic mammals, or those not 
historically indigenous to the United States. Birds, native or non-
native, and indigenous mammals, such as white tail deer and bears, are 
not covered by the bill. This legislation is a federal remedy and 
proposed specifically to deal with the purely commercial interstate 
movement of exotic animals destined to be killed at canned hunting 
ranches.
  I hope you will join me in supporting this legislation.
                                 ______
                                 
      By Mr. FEINGOLD (for himself and Mr. Hatch):
  S. 1656. A bill to provide for the improvement of the processing of 
claims for veterans compensation and pension, and for other purposes; 
to the Committee on Veterans' Affairs.
  Mr. FEINGOLD. Madam President, I am proud today to introduce the 
Veterans Benefits Administration Improvement Act of 2001, a bill that 
aims to decrease the amount of time it takes the Veterans Benefits 
Administration, VBA, to process veterans' claims. I am pleased to be 
joined by the senior Senator from Utah, Senator Hatch. He had long been 
a strong advocate for our veterans.
  In 1999, there were 309,000 backlogged claims at the VBA. Today, that 
number stands at 533,000. It now takes an average of 202 days to 
process disability compensation and pension claims. This figure is 
expected to grow to more than 270 days by 2002. Many of the claims that 
are awaiting action have been filed by World War II and Korean War 
veterans; our World War II veterans are dying at the rate of about 
1,500 a day. The VBA must take action to improve this dismal record.
  I have traveled throughout Wisconsin and met with veterans. This 
problem is consistently one of their top concerns. They are angry and 
frustrated, with justification, about the amount of time it takes for 
the VBA to process their claims. In some instances, veterans are 
waiting well over a year. Telling the men and women who served their 
country in the armed forces that they ``just have to wait'' is wrong 
and unacceptable.
  The VBA Improvement Act will require the Secretary of Veterans 
Affairs to submit a comprehensive plan to Congress for the improvement 
of the processing of claims for veterans compensation and pension. In 
addition, every six months afterwards the Secretary must report to 
Congress about the status of the program.
  While I am pleased that Secretary Principi has acknowledged that 
improving claims processing is a priority for the VA, nevertheless it 
is time for Congress to hold the Department of Veterans Affairs 
accountable. Our veterans are unable to wait for additional 
recommendations from more reports or task forces. It is time for 
Congress to hold the VA accountable. Our veterans deserve no less.
                                 ______
                                 
      By Mr. SCHUMER (for himself, Mr. DeWine, and Mr. Hatch):
  S. 1658. A bill to improve Federal criminal penalties on false 
information and terrorist hoaxes; to the Committee on the Judiciary.
  Mr. SCHUMER. Madam President, today Senator DeWine and I are 
introducing a bill that will address what has sadly become a very 
serious problem. Since September 11, the number of terrorist hoaxes has 
increased dramatically.
  The bill that we introduce today would fill a gap in the law by 
explicitly making the commission of a terrorist hoax illegal and 
punishable by up to five years in jail.
  The last seven weeks have been difficult for all Americans. By 
nature, we Americans are tough. But many of us, myself included, are 
also a little more anxious than usual. That is understandable. But what 
is not understandable, in fact what is barely conceivable, is that some 
people think it is funny to take advantage of that fear.
  Each terrorist hoax means a waste of valuable law enforcement time 
and scarce resources.
  Our police officers and the FBI are already working around the clock 
to catch and arrest everyone involved in the September 11 attack, to 
find the perpetrators of the anthrax attacks, and to prevent future 
attacks from taking place.
  Wasting law enforcement's time and resources by committing terrorist 
hoaxes takes away from their ability to protect us. So in many ways, 
committing a terrorist hoax is an extension of terrorism itself.
  Beyond that, each terrorist hoax mocks the loss of thousands of lives 
in the September 11 attack and the recent deaths from anthrax.
  In the first three weeks of October alone, the FBI has responded to 
more than 3,300 cases relating to weapons of mass destruction, 
including 2,500 threat assessments involving suspected anthrax 
incidents. Normally, they deal with 250 of these cases in an entire 
year. The last thing the FBI and the police have time for is a 
terrorist hoax.
  Unfortunately, many of my fellow New Yorkers can attest to the fear 
and the commitment of resources caused by one of these terrorist 
hoaxes.
  In Nassau County, on October 16, a Federal Express deliveryman placed 
a white powdery substance inside a computer package. That led to an 
understandably frantic phone call. Seven officers and three vehicles 
were dispatched in response to this anthrax hoax.

[[Page S11614]]

  On October 26, a Staten Island man sent a threatening letter in a 
powder-laced envelope to his girlfriend.
  An apparent hoax diverted a Dallas-bound American Airlines flight 
from New York's LaGuardia Airport to Washington, DC's Dulles Airport on 
October 29 after a threatening note was found on board. The passengers 
and flight crew were all forced to evacuate on the runway. The impact 
on the entire airport's operations were disrupted, and the entire 
national air traffic control system had to deal with this.
  On October 17, a 17-year-old brought an envelope with the words 
``Death to All Who Open This'' to Kingston High School in the Hudson 
Valley. The envelope contained white, powdery material. According to 
school officials, approximately 3,000 students and staff were held in 
lock-down for 90 minutes while some 50 local police, fire, and 
emergency response personnel assessed the situation.
  Now more than ever, we need to send a loud and clear message to the 
perpetrators of hoaxes of all kinds: Your behavior is wrong. It is 
disgusting. And it is a serious crime.
  The legislation that Senator DeWine and I are introducing today sends 
that message.
  Anyone convicted of committing a hoax terrorist attack involving a 
fake explosive incendiary, biological, chemical, or nuclear device, or 
falsely reporting one of these attacks, will be punished by a prison 
sentence of up to five years as well as stiff monetary fines.
  In addition, anyone convicted of committing a terrorist hoax would be 
held responsible for reimbursement for all expenses resulting from the 
hoax.
  This bill makes it clear that committing a terrorist hoax is no 
laughing matter.
  My hope is that by sending a strong message today and in the weeks to 
come, those who are thinking about committing a terrorist hoax will 
think twice before diverting the police and FBI from focusing all of 
their time and energy on protecting us from real threats, and before 
another hoax puts us on edge, yet again.
  Mr. DeWINE. Madam President, I rise today to discuss a distressing 
problem facing our citizens, our Nation's law enforcement officers, and 
our public health officials. This problem is the growing threat of 
bioterrorism and other weapons of mass destruction--both real and 
perceived.
  The recent bioterrorist attacks affecting the media, Congress, and 
the U.S. Postal Service have spawned a great number of anthrax hoaxes 
across the Nation. These hoaxes, aside from adding to the widespread 
public panic over terrorism, have created another serious problem: They 
are taxing our already strained emergency management and public health 
resources, which are vital to protect our national security.
  Suprisingly, there is no existing Federal code that directly 
prohibits biological, chemical, or nuclear weapon hoaxes. Therefore, 
there is no Federal law that directly punishes the current anthrax 
hoaxes. These acts waste scarce Federal resources, negatively affecting 
interstate commerce and national security interests. Yet, there is no 
Federal law on the books to prosecute these offenders.
  In all likelihood, the current anthrax hoaxes will be prosecuted 
under a provision for ``mailing threatening communications'' or 
threatening the ``use of certain weapons of mass destruction,'' 18 USC 
876, 2332a. The problem with prosecuting the anthrax hoaxes under these 
statutes is that they require the prosecutor to prove that the offender 
has crossed a threshold of threatening language. But what constitutes 
sufficiently threatening language?
  Unfortunately, not all of these hoaxes meet this threshold. For 
example, under current law, it is difficult to prosecute the acts of an 
eighth-grade science teacher in Ohio. This teacher placed powered lime 
in a school envelope and attempted to mail it through the postal system 
to her brother in another city. The envelope was found en route at the 
school, before it could leave the building. The school was evacuated, 
frightening hundreds of already shaken children and parents. Emergency 
management teams wasted valuable time and resources testing the site.
  Right now, this woman faces a State charge of inducing panic. That is 
it; no other charges are pending. There is no clear Federal law on the 
books to prosecute her offense, because there was no threat. Had there 
been an actual incident where anthrax was released while police and 
emergency crews were tied up looking into this hoax, who knows how 
widespread the damage could have been. Many people could have been 
infected in the time that it took emergency crews to clear up this 
``joke.''
  So far, the U.S. Postal Service reports that it has evacuated over 
353 postal facilities for varying amounts of time as a result of more 
than 8,600 hoaxes, threats, and suspicious incidents related to anthrax 
since just mid-October. That is an average of 578 a day for an agency 
used to dealing with only a few hundred such calls a year. In my home 
State of Ohio, alone, health officials have tested nearly 800 
suspicious specimens from around the State, but have found no anthrax 
or other dangerous substances. A significant number of those reports 
appear to have been hoaxes. On a national scale, the financial and 
physical strain imposed by hoaxes on our national law enforcement and 
public health systems have been enormous. In regard to our citizens, 
these pranks cause great panic and are really acts of terrorism.
  That is why, along with my colleagues, Senator Schumer and Ranking 
Member Hatch, I have introduced a bill that would create a new crime 
for hoaxes involving the purported use of a weapon of mass destruction. 
This bill will prohibit any conduct that gives the false impression 
that a biological, chemical, or nuclear weapon may be used, when it is 
reasonable to assume that there will be an emergency response. The 
required conduct may involve the communication of information, whether 
in written or verbal form, as well as physical actions. Under our bill, 
there is no legal burden to identify a specific threat. For example, we 
would be able to prosecute someone who mails an envelope of white 
powder with a note that says, ``Smile, you have been exposed to 
anthrax.''
  Furthermore, anyone convicted under this bill would be responsible 
for the reimbursement of expenses incurred in responding to a hoax, 
including the cost of any response by any Federal military or civilian 
agency to protect public health or safety during the course of an 
investigation. Convicted cohorts also would share in financial 
liability for such a hoax.
  The Ohio Department of Health, alone, has spent more than $500,000 of 
the taxpayers' money investigating false anthrax claims--a large 
percentage of which were hoaxes. This bill would discourage hoaxes, 
while helping to alleviate the financial burden that these pranks and 
false reports are imposing on our Federal, State, and local government 
agencies.
  It is indeed shocking that some people want to capitalize on the 
recent horrific acts of terrorism in order to play a joke or 
intentionally cause widespread panic, or worse, inflict physical harm. 
Unfortunately, this is the reality we confront today. To deal with this 
threat, we need to give our Federal Government the necessary tools to 
prosecute those who would stage these hoaxes and disrupt the sense of 
normalcy that we have all struggled to recover since September 11th.
                                 ______
                                 
      By Mr. HUTCHINSON (for himself and Mr. Session):
  S. 1659. A bill to provide criminal penalties for communicating false 
information and hoaxes; to the Committee on the Judiciary.
  Mr. HUTCHINSON. Madam President, I ask unanimous consent that a copy 
of the Terrorist Hoax Costs Recovery Act of 2001, which I am 
introducing today be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1659

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Terrorist Hoax Costs 
     Recovery Act of 2001''.

     SEC. 2. FINDINGS.

       Congress finds that--

[[Page S11615]]

       (1) the expert resources available to the Government to 
     deal with Federal crimes involving actual or potential 
     chemical, biological, and nuclear weapons are limited;
       (2) false reporting of such crimes almost invariably 
     requires the attention of Federal investigative, scientific, 
     and public health officers and employees, thereby needlessly 
     diverting them from work that is vital to the national 
     security and dangerously impairing the Government's ability 
     to deal with real situations;
       (3) recent episodes amply demonstrate that even isolated 
     false reports can have a substantial adverse effect on 
     interstate and foreign commerce, causing needless worry or 
     even panic in the general public, and encouraging copycat 
     episodes; and
       (4) a comprehensive prohibition on such false reports is 
     necessary to preserve scarce and vital Federal resources, to 
     avoid substantial adverse effects on interstate and foreign 
     commerce, and to protect the national security of the United 
     States.

     SEC. 3. PROHIBITION.

       (a) Prohibition on Hoaxes.--Chapter 41 of title 18, United 
     States Code, is amended by adding after section 880 the 
     following:

     ``Sec. 881. False information and hoaxes

       ``(a) Criminal Violation.--Whoever communicates 
     information, knowing the information to be false and under 
     circumstances in which such information may reasonably be 
     believed, concerning the existence of activity which would 
     constitute a violation of section 175, 229, or 831 shall be 
     fined under this title or imprisoned not more than 5 years, 
     or both.
       ``(b) Civil Penalty.--Whoever communicates information, 
     knowing the information to be false, concerning the existence 
     of activity which would constitute a violation of section 
     175, 229, or 831 is liable to the United States for a civil 
     penalty of the greater of $10,000 or the amount expended by 
     the United States incident to the investigation of such 
     conduct, including the cost of any response made by any 
     Federal military or civilian agency to protect public health 
     or safety.
       ``(c) Reimbursement of Costs.--
       ``(1) Convicted defendant.--The court, in imposing a 
     sentence on a defendant who has been convicted of an offense 
     under subsection (a), shall order the defendant to reimburse 
     the United States for any expenses incurred by the United 
     States incident to the investigation of the commission by 
     that person of such offense, including the cost of any 
     response made by any Federal military or civilian agency to 
     protect public health or safety.
       ``(2) Jointly and severally liable.--A person ordered to 
     reimburse the United States for expenses under this 
     subsection shall be jointly and severally liable for such 
     expenses with each other person, if any, who is ordered under 
     this subsection to reimburse the United States for those 
     expenses.''.
       (b) Conforming Amendment.--The analysis of chapter 41 of 
     title 18, United States Code, is amended by adding after the 
     item for section 880 the following:

``881. False information and hoaxes.''.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mr. Kyl):
  S. 1661. A bill to set up a certification system for research 
facilities that possess dangerous biological agents and toxins, and for 
other purposes; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Madam President, I rise to introduce legislation, 
cosponsored by Senator Kyl, to prohibit individuals from possessing 
anthrax, smallpox, and three dozen other of the most dangerous 
biological agents and toxins.
  To date, 17 people have confirmed anthrax infections, four of whom 
died from inhalation anthrax. This toll, though tragic, could have 
grown exponentially if the perpetrators had used a more sophisticated 
delivery system.
  Despite anthrax's and other agents' potential for weaponization, our 
government does not keep track of who possesses them. No special 
certification is required to possess these agents. Nor are background 
checks conducted on the laboratory personnel who handle or have access 
to these agents.
  This situation must change.
  The legislation I am introducing expands upon the antiterrorism bill 
Congress passed and the President signed just days ago. That bill 
prohibited an individual from possessing anthrax or other potential 
weapons of bioterror unless the individual could show legitimate 
purpose for holding the substance once caught. This standard of 
``legitimate purpose;' is not defined, and will put the burden on 
courts and law enforcement to determine what a ``legitimate purpose'' 
is.
  The fact is that current law still does not adequately prevent 
individual possession of these dangerous agents.
  During a hearing in the Technology and Terrorism Subcommittee of the 
Judiciary Committee yesterday, it became clear to those of us on the 
committee that law enforcement does not know who has anthrax, where it 
is stored, or what is being done with it.
  When asked if domestic laboratories were the source of the anthrax 
sent to Senator Daschle's office, the FBI witness said the FBI didn't 
know.
  When asked how many labs in the United States handle anthrax or are 
capable of developing the highly refined anthrax used in the Daschle 
letter, the FBI answered again that it did not know.
  When asked how many labs in the United States handle anthrax or are 
capable of devlopoing the highly refined anthrax used in the Daschle 
letter, the FBI answered again that it did not know.
  And the same goes for more than three dozen other dangerous agents 
like small pox, ebola virus, and ricin.
  Under our legislation, no individual could possess any of these 
dangerous agents, period.
  Any medical or research lab wishing to possess or use these dangerous 
agents must first be certified by the United States Department of 
Health and Human Services.
  Individuals in those labs who handle or who have access to these 
agents must undergo background checks, and the labs themselves must 
institute strict safety precautions.
  And every single research lab, medical office, or other entity 
wishing to possess any one of these 40 some agents ruled dangerous by 
the CDC must demonstrate to the Secretary a legitimate purpose for that 
possession.
  The purpose of the legislation is to assure that law enforcement and 
public health officials know much more about who has these agents, 
where and how they are stored, and what is being done with them.
  Right now, we do not have this information.
  Moreover, the bill will make it harder for terrorists to get access 
to these agents by requiring background checks and assuring that labs 
possessing these agents have adequately security safeguards.
  I can think of no legitimate reason why an ordinary person needs to 
possess his or her personal cache of anthrax, small pox, or ebola 
virus.
  According to the calculations of some experts, biological weapons are 
pound for pound potentially more lethal even than thermonuclear 
weapons.
  For instance, a 1993 report by the U.S. Congressional Office of 
Technology Assessment estimated that between 130,000 and 3 million 
deaths could follow the aerosolized release of 100 keg of anthrax 
spores upwind of the Washington, DC area--lethally matching or 
exceeding that of a hydrogen bomb.
  It is time to acknowledge that we live in a world where the 
government must take responsibility in protecting the public from those 
who would misuse these materials. No longer can we stand by and let the 
balance tip towards free possession of dangerous, even deadly, 
biological agents.
  I urge my colleagues to support this bill
                                 ______
                                 
      By Mr. Feingold:
  S. 1664. A bill to require country of origin labeling of raw 
agricultural forms of ginseng, and for other purposes; to the Committee 
on Health, Education, Labor, and Pensions.
  Mr. Feingold. Madam President, I rise today to introduce legislation 
that addresses the increased amount of smuggled and mis-labeled ginseng 
entering this country.
  This legislation is similar to a bill that I introduced in the last 
Congress, but is strengthened with a number of provisions based on the 
suggestions from ginseng growers and the Ginseng Board of Wisconsin.
  In addition to proposing a refined process of country-of-origin 
labeling for ginseng products, my new legislation closes a loophole in 
the regulations governing dietary supplements, where producers of 
products other than ginseng are currently advertising them as a type of 
ginseng.
  In order to coordinate the efforts to eliminate the practice of 
ginseng smuggling, this legislation also requires the Department of 
Justice, EPA, and other Federal agencies to coordinate their efforts to 
crack down on smuggled ginseng, which often contains pesticides that 
are banned for use in the United States.
  Chinese and Native American cultures have used ginseng for thousands

[[Page S11616]]

of years for herbal and medicinal purposes.
  In America, ginseng is experiencing a newfound popularity, and I am 
proud to say that my home State of Wisconsin is playing a central role 
in ginseng's resurgence.
  Wisconsin produces 97 percent of the ginseng grown in the United 
States, and 85 percent of the country's ginseng is grown in Marathon 
County.
  The ginseng industry is a economic boon to Marathon County, as well 
as an example of the high quality for which Wisconsin's agriculture 
industry is known.
  Wisconsin ginseng commands a premium price in world markets because 
it is of the highest quality and because it has a lower pesticide and 
chemical content.
  With a huge market for this high-quality ginseng overseas, and 
growing popularity for the ancient root here at home, Wisconsin's 
ginseng industry should have a prosperous future ahead.
  Unfortunately, the outlook for ginseng farmers is marred by a serious 
problem--smuggled and mislabed ginseng. Wisconsin ginseng is considered 
so superior to ginseng grown abroad that smugglers will go to great 
lengths to label ginseng grown in Canada or Asia as ``Wisconsin-
grown.''
  Here's how the switch takes place: Smugglers take Asian or Canadian-
growing ginseng and ship it to plants in China, allegedly to have the 
ginseng sorted into various grades.
  Whle the sorting process is itself a legitimate part of distributing 
ginseng, smugglers often use it as a ruse to switch Wisconsin ginseng 
with the Asian or Canadian ginseng considered inferior by consumers.
  The smugglers know that while Chinese-grown ginseng has a retail of 
about $5-$6 per pound, while Wisconsin-grown ginseng is valued at 
roughly $16-$20 per pound.
  To make matters even tougher for Wisconsin's ginseng farmers, there 
is no accurate way of testing ginseng to determine where it was grown, 
other than testing for pesticides that are legal in Canada and China 
but are banned in the United States.
  And in some cases, smugglers can even find ways around the pesticide 
tests. Last year, a ConsumerLab.com study confirmed that much of the 
ginseng sold in the U.S. contained harmful chemicals and metals, such 
as lead and arsenic.
  That is because the majority of ginseng sold in the U.S originates 
from countries with lower pesticide standards, so it's vitally 
important that consumers know which ginseng is really grown in 
Wisconsin.
  Some domestic and foreign countries are also labeling certain 
products as ginseng when they are in fact a distinctly different 
product. Due to a loophole in the regulations governing dietary 
supplements, products other than ginseng are currently advertising 
themselves as a type of ginseng. For example, some products claim to 
include a product known as ``Siberian Ginseng,'' which is actually Eleu
therococcus, a bush that is a distinctly different product from 
ginseng.
  Ginseng is a root, not a bush, and consumers have the right to know 
that when they reach for a high quality ginseng product, they are 
buying just that--gingseng, not some ground up bush.
  For the sake of ginseng farmers and consumers, the U.S. Senate must 
crack down on smuggled and mislabeled ginseng.
  Without adequate labeling, consumers have no way of knowing the most 
basic information about the ginseng they purchase, where it was grown, 
what quality or grade it is, or whether it contains dangerous 
pesticides.
  My legislation proposes some common sense steps to address two of the 
challenges facing the ginseng industry, and none of these proposals 
costs the taxpayers a dime.
  The first section requires mandatory country of origin labeling at 
the port of entry, to prevent the practice of mixing foreign ginseng 
with domestic ginseng. This would allow buyers of ginseng to more 
easily prevent foreign companies from mixing foreign produced ginseng 
with ginseng produced in America. The country of origin labeling is a 
simple but effective way to enable consumers to make an informed 
decision.
  This legislation also closes a loophole in U.S. law that allows 
products other than ginseng to advertise themselves as a type of 
ginseng. Under my proposal, when a consumer purchases a product labeled 
as containing ginseng, they will know what they are buying.
  This legislation also requires the Department of Justice, EPA, and 
other Federal agencies to coordinate their efforts to crack down on 
smuggled ginseng, which often contains pesticides that are banned for 
use in the United States. The lax enforcement of smuggled ginseng also 
puts our producers on an unfair playing field. The mixing of superior 
Wisconsin ginseng with lower quality foreign ginseng root penalizes the 
grower and eliminates the incentive to provide the consumer with a 
superior product.
  We must give ginseng growers the support they deserve by implementing 
these common sense reforms that also help consumers make informed 
choices about the ginseng that they consume.
  We must ensure when ginseng consumers reach for a quality ginseng 
product, such as Wisconsin grown ginseng, that they are getting the 
real thing, not a cheap imitation.
                                 ______
                                 
      By Mr. BIDEN (for himself and Mr. Hatch):
  S. 1665. A bill to amend title 18, United States Code, with respect 
to false information regarding certain criminal violations concerning 
hoax reports of biological, chemical, and nuclear weapons; to the 
Committee on the Judiciary.
  Mr. BIDEN. Madam President, I rise today to introduce the Protection 
Against Terrorist Hoaxes Act of 2001. I am honored to have the ranking 
member of the Judiciary Committee, Senator Hatch, as an original co-
sponsor of this legislation. This bill would amend title 18 of the 
United States Code to, for the first time, make it a Federal crime to 
knowingly make a hoax report, involving a biological, chemical, nuclear 
weapon, or other weapon of mass destruction. Likewise, it would make it 
a criminal offense to knowingly send such a hoax weapon to another.
  Since the unspeakable terrorist attacks of September 11, our nation 
has witnessed a mind-boggling number of anthrax hoax reports. This in 
turn has triggered an equally large number of reports of suspected 
biological agents. No part of the Nation has been spared, and my home 
State of Delaware has had several hundred reports of possible 
biological agents. Just this week, the FBI reported to Congress the 
staggering statistic involving these bioterrorism hoaxes and other 
reports of suspected biological agents. Prior to September 11, the FBI 
had responded to about 100 cases involving potential use of ``weapons 
of mass destruction,'' 67 of which involved alleged biological weapons. 
Since mid-September, however, that number has increased by 3,000 
percent! As of today, the FBI reported that they have responded to 
7,089 suspicious anthrax letters alone, 950 incidents involving other 
suspected weapons of mass destruction, and an estimated 29,331 
telephonic calls from the public about suspicious packages.
  The good news is that most of these reports were hoaxes, or reports 
made by well-meaning people whose suspicions were raised. The bad news 
is that any hoax reports were made in the first place, triggering panic 
on the part of the public, and often forcing the Federal, state, and 
local governments to waste valuable time and resources responding to 
them. In one particularly egregious case, it has been reported that an 
employee of the Connecticut Department of Environmental Protection 
falsely reported to security that he had found a yellowish-white powder 
on his desk with the misspelled label ``ANTHAX.'' The employee, a 48-
year-old solid waste management analyst, knew the material was not 
toxic, it was determined to be coffee creamer, but persisted in the 
false account. 800 State employees were evacuated from the building for 
2 days while law enforcement officials tested the building, at a cost 
of $1.5 million in lost workers' time, another $40,000 in 
decontamination costs, and an undisclosed amount of money spent on 
rescue and law enforcement. The employee is being charged in Federal 
court, not for the hoax report, but for lying to Federal officials 
after the fact.

  Indeed, the Justice Department reported to Congress this week that

[[Page S11617]]

there is a gap in the existing Federal law regarding the prosecution of 
bioterrorism hoaxes. That is, while it is a crime to threaten to use, 
for example, anthrax as a weapon against another person, it is not a 
crime to make a hoax anthrax report. Accordingly, the Justice 
Department called upon Congress this week to enact legislation which 
specifically addresses hoaxes which involve purported biological 
substances, as well as chemical, nuclear and other weapons of mass 
destruction.
  We should answer that call and act now to give the law enforcement 
the tools they need to combat these despicable crimes. I introduced a 
bioterrorism bill, S. 3202, in the 106th Congress which contained an 
anti-hoax provision. Had that bill been enacted into law, Federal 
prosecutors would have the means to prosecute bioterrorism hoaxes. The 
need for a Federal anti-hoax provision has never been more clear than 
in the last several weeks. The Federal interest is indisputable, as 
States and localities are simply not equipped with the expertise or 
resources to evaluate and respond to these hoaxes. A comprehensive 
prohibition on such false reports is necessary to preserve scarce and 
vital federal resources.
  Accordingly, as chairman of the Judiciary Subcommittee on Crime and 
Drugs, I introduce a bill today which contains both criminal provisions 
and civil penalties for the hoax reporting of bioterrorism incidents. 
My bill simply says that if you knowingly engage in conduct, such as 
deliberately sending baking powder through the mail to your Congressman 
or calling 911 to falsely report the presence of anthrax in a public 
building, that is likely to create the false impression concerning the 
presence of anthrax, or other similar things, that you have committed a 
Federal offense, punishable by up to 5 years in jail. Moreover, such a 
person may be fined the greater of either $10,000 or the amount of 
money expended by the government to respond to the false information. 
Finally, such a person may also be ordered to reimburse the government 
if costs were incurred in responding to the false hoax. Let me be 
clear, this bill will not target innocent mistakes or people who make a 
report concerning a suspected substance; it is aimed, rather, at 
deliberate hoax reports by those who know they are spreading false 
information.
  I have said many times on the floor of this body that the terrorists 
win if they succeed in sowing seeds of panic into our daily lives. We 
cannot and will not let that happen. Similarly, we will not let these 
hoaxers get away with words and deeds which have the same effect.
                                 ______
                                 
      By Mr. LEAHY:
  S. 1666. A bill to prevent terrorist hoaxes and false reports; to the 
Committee on the Judiciary.
  Mr. LEAHY. Madam President, I rise to introduce the Anti-Terrorist 
Hoax and False Report Act of 2001. The bill would provide a new tool 
for law enforcement to deal with the problem of serious hoaxes and 
malicious false reports relating to the use of weapons of mass 
destruction, or biological, chemical, or nuclear weapons. These so-
called ``hoaxes'' inflict both mental and economic damage on victims. 
They drain away scarce law enforcement resources from the investigation 
of real terrorist activity. They interrupt vital communication 
facilities. Finally, they feed a public fear that the vast majority of 
law abiding Americans are working hard to dispel.
  Federal, State, and local law enforcement already have statutes which 
they have been using aggressively to prosecute those who have taken 
advantage of these times to perpetrate hoaxes about anthrax 
contamination. Existing statutes create serious penalties for threats 
to use biological, chemical, or nuclear weapons, for sending any 
threatening communication through the mail, or for making a willful 
false statement to federal authorities.
  For example 18 U.S.C. Sec. Sec. 175, 229, 2332a, and 831 all have 
their own threat provisions punishable by up to life imprisonment. In 
addition, 18 U.S.C. Sec. 876 makes it a five year felony to mail a 
threatening communication of any type; and 18 U.S.C. Sec. 1001 makes it 
a five year felony to willfully make any false statement, or even 
willfully omit a material fact in a matter under the jurisdiction of a 
federal agency.
  In a recent Subcommittee hearing of the Judiciary Committee, James T. 
Caruso, the Deputy Assistant Director of the FBI's Counter-terrorism 
Division, stated that there are at least 11 Federal hoax cases which 
have actually been charged under existing statutes since September 11, 
2001. Just last week a Federal conviction was obtained in Oakland, 
California under 18 U.S.C. Sec. 175, which carries a statutory maximum 
penalty of life imprisonment, for an anthrax hoax which occurred back 
in January of 1999. Thus, existing Federal statutes are already being 
employed to prosecute these cases when Federal prosecution is 
appropriate. In addition, numerous State provisions are available and 
are being used to prosecute these cases at the State and local level.
  Indeed, current Federal threat laws do not require that the defendant 
have either the intent or present ability to carry out a threat, which 
enables prosecutors to use such laws to prosecute these serious hoaxes. 
At the same terrorism hearing, Deputy Assistant Director Caruso made it 
clear that authorities are able to prosecute even ``non-credible'' 
threats under current Federal laws. However, while they carry high 
penalties, including a maximum of life imprisonment, at the same 
hearing James Reynolds, from the Department of Justice's Section on 
Terrorism and Violent Crime, indicated that these statutes can 
sometimes be awkward when applied in the hoax context.
  What this bill provides, is a well tailored statute that deals 
specifically with the problem of biological, chemical, mass 
destruction, and nuclear ``hoaxes'', that is, actions taken with the 
malicious intent to deceive the victim. For instance, it gives 
prosecutors a means to distinguished between a person who is actually 
threatening to use anthrax on a victim on one hand, and a person who 
never intends to use it, but truly wants the victim or the police to 
think they have done so, on the other. In the later case the statute 
creates a new five year felony.
  The bill requires that the defendant act ``knowingly and 
maliciously,'' so that we do not federalize juvenile pranks or the 
misguided though innocent spreading of rumors. For instance, a local 
prosecutor in Chicago recently placed an envelope containing sugar on a 
colleague's desk. He was administratively punished by being forced to 
resign from his job. In Utah, a disabled miner was charged locally 
because he put sugar and Nesquik into a junk mail envelope. In Anne 
Arundel County, MD, two juveniles were arrested after they placed 
powder in an envelope and did not even mail it, but it was found by 
someone else and reported, engendering an unintended emergency 
response. In Ohio, a security guard ``super-glued'' a telephone in a 
county welfare building, and when the glue left a powdery residue it 
caused a anthrax scare. In Williamsport, PA a firefighter is being 
prosecuted locally on a felony charge for claiming that he received a 
letter containing white powder at his home. These types of incidents do 
not merit a lengthy term in Federal prison. As the examples I have 
listed above demonstrate, we have appropriately serious ways to deal 
with cases when Federal criminal prosecution is not needed.
  Indeed, law enforcement agencies or private companies of the conduct 
``readiness testing'' so that they will be able to deal with serious 
chemical or biological weapon threats. For instance, three weeks ago a 
Kentucky sheriff conducted such a readiness drill by leaving an 
envelope filled with crushed aspirin on a desk at a county courthouse 
in order to test the response. Requiring a malicious mens rea will 
ensure also that we do not criminalize or chill this type of admirable 
proactive effort. In sum, malicious acts deserve Federal felony 
prosecution; innocent bad judgment and juvenile behavior do not, and 
neither do laudable efforts by police and private actors to preserve 
readiness for biological or chemical attack.
  Another provision in the bill would provide for mandatory restitution 
to any victim of these crimes, including the costs of any and all 
government response to the hoax. An earlier Administration proposal, 
offered during the debate over the terrorism bill, would have limited 
such restitution to only the federal government. As we know all too 
well from recent events, however,

[[Page S11618]]

it is state and local authorities, along with private victims, who are 
often the first responders and primary victims when these incidents 
occur. This bill would provide a mechanism so that they too can be 
reimbursed for their expenses.
  For all of these reasons, I am pleased to introduce this legislation 
and I urge its swift enactment into law.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1666

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Anti Terrorist Hoax and 
     False Report Act of 2001''.

     SEC. 2. HOAXES, FALSE REPORTS, AND RESTITUTION.

       (a) In General.--Chapter 41 of title 18, United States 
     Code, is amended by inserting after section 880 the 
     following:

     ``Sec. 881. Terrorist Hoaxes and False Information

       ``(a) In General.--Whoever knowingly and maliciously 
     imparts, conveys, or communicates information or material, 
     knowing the information or material to be false or 
     fraudulent, and under circumstances in which such information 
     or material may reasonably be believed and is reasonably 
     likely to cause any response by a Federal, State, or local 
     government agency, concerning the existence of activity that 
     would constitute a violation of section 175, 229, 2332a, or 
     831 of this title, shall be fined under this title or 
     imprisoned not more than 5 years, or both.
       ``(b) Restitution.--Notwithstanding and in addition to 
     sections 3663, or 3663A of this title and any other civil or 
     criminal penalty authorized by law, the court shall order--
       ``(1) restitution to all victims of an offense under 
     subsection (a), including any losses suffered by a victim as 
     a proximate result of the offense; and
       ``(2) the defendant to reimburse all Federal, State, and 
     local government, entities for any expenses incurred in 
     response to the offense to protect public health or 
     safety.''.
       (b) Chapter Analysis.--The chapter analysis for chapter 41 
     of title 18, United States Code, is amended by inserting at 
     the end the following:

``881. Terrorist hoaxes and false information.''.
                                 ______
                                 
      By Mr. DOMENICI:
  S. 1667. A bill to ensure that nuclear energy continues to contribute 
to the supply of electricity in the United States; to the Committee on 
Energy and Natural Resources.
  Mr. DOMENICI. Madam President, I rise to introduce a modified version 
of my Nuclear Energy Electricity Supply Assurance Act of 2001. When I 
first introduced this measure, S. 472, it contained a provision known 
as Section 127, relating to special demonstration projects for the 
uranium mining industry.
  This section was intended to create cooperative, cost-shared, 
agreements between the Department of Energy and the domestic uranium 
industry to identify, test, and develop improved in-situ leaching 
mining technologies. In addition, I intended that this initiative apply 
to low-cost environmental restoration that may be applied to sites 
after completion of in-situ leaching operations. Finally, Sec. 127 was 
intended to fund competitively-selected demonstration projects with the 
domestic uranium mining industry relating to enhanced production with 
improved environmental protection, restoration of well fields, and 
decommissioning and decontamination activities.
  I believe that the intent and spirit of Sec. 127 still have 
substantial merit. I hope that we can provide incentives for improved 
mining techniques and improved environmental restoration. However, Sec. 
127 was subject to substantial mis-interpretation, especially among 
many people in the Navajo Nation in northwest New Mexico. It was 
claimed that this Section was directed toward helping a single company 
that might use it to expand in-situ mining near the Navajo Nation's 
borders. It was further claimed that such an approach might over a long 
period of time contaminate drinking water in the area.
  At no time was my bill intended to help any specific company. At no 
time did we intend anything other than improving environmental 
restoration and giving some hope to the domestic uranium industry that 
it might find an environmentally sound way to produce more domestic 
product.
  However, after discussing this issue with the president of the Navajo 
Nation and other members of the nation, I have decided that the best 
course, in order to put to rest all of the concerns expressed, is to 
simply strike Section 127 from my bill. I should add that some members 
of the Navajo Nation supported Section 127; but, the clear message from 
my friends on the Navajo Nation is that they would prefer, in order to 
avoid any confusion, that I delete Section 127 from my bill.
  Thus, the modified Act that I introduce today is identical to S. 471, 
with the exception that I have deleted entirely Section 127, relating 
to special demonstration projects. I talked to the president of the 
Navajo Nation this afternoon and he thanked me for this action.
  Madam President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1667

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Nuclear 
     Energy Electricity Supply Assurance Act of 2001''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

          TITLE I--SUPPORT FOR CONTINUED USE OF NUCLEAR ENERGY

                 Subtitle A--Price-Anderson Amendments

Sec. 101. Short title.
Sec. 102. Indemnification authority.
Sec. 103. Maximum assessment.
Sec. 104. Department of Energy liability limit.
Sec. 105. Incidents outside the United States.
Sec. 106. Reports.
Sec. 107. Inflation adjustment.
Sec. 108. Civil penalties.
Sec. 109. Applicability.

 Subtitle B--Leadership of the Office of Nuclear Energy, Science, and 
                  Technology and the Office of Science

Sec. 111. Assistant Secretaries.

      Subtitle C--Funding of Certain Department of Energy Programs

Sec. 121. Establishment of programs.
Sec. 122. Nuclear energy research initiative.
Sec. 123. Nuclear energy plant optimization program.
Sec. 124. Uprating of nuclear plant operations.
Sec. 125. University programs.
Sec. 126. Prohibition of commercial sales of uranium and conversion 
              held by the Department of Energy until 2006.
Sec. 127. Maintenance of a viable domestic uranium conversion industry.
Sec. 128. Portsmouth gaseous diffusion plant.
Sec. 129. Nuclear generation report. 

                TITLE II--CONSTRUCTION OF NUCLEAR PLANTS

Sec. 201. Establishment of programs.
Sec. 202. Nuclear plant completion initiative.
Sec. 203. Early site permit demonstration program.
Sec. 204. Nuclear energy technology study for Generation IV Reactors.
Sec. 205. Research supporting regulatory processes for new reactor 
              technologies and designs.

                TITLE III--EVALUATIONS OF NUCLEAR ENERGY

Sec. 301. Environmentally preferable purchasing.
Sec. 302. Emission-free control measures under a State implementation 
              plan.
Sec. 303. Prohibition of discrimination against emission-free 
              electricity projects in international development 
              programs.

     TITLE IV--DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY

Sec. 401. Findings.
Sec. 402. Office of spent nuclear fuel research.
Sec. 403. Advanced fuel recycling technology development program.

                   TITLE V--NATIONAL ACCELERATOR SITE

Sec. 501. Findings.
Sec. 502. Definitions.
Sec. 503. Advanced Accelerator Applications Program.

             TITLE VI--NUCLEAR REGULATORY COMMISSION REFORM

Sec. 601. Definitions.
Sec. 602. Office location.
Sec. 603. License period.
Sec. 604. Elimination of foreign ownership restrictions.
Sec. 605. Elimination of duplicative antitrust review.
Sec. 606. Gift acceptance authority.
Sec. 607. Authority over former licensees for decommissioning funding.
Sec. 608. Carrying of firearms by licensee employees.

[[Page S11619]]

Sec. 609. Cost recovery from Government agencies.
Sec. 610. Hearing procedures.
Sec. 611. Unauthorized introduction of dangerous weapons.
Sec. 612. Sabotage of nuclear facilities or fuel.
Sec. 613. Nuclear decommissioning obligations of nonlicensees.
Sec. 614. Effective date.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the standard of living for citizens of the United 
     States is linked to the availability of reliable, low-cost, 
     energy supplies;
       (2) personal use patterns, manufacturing processes, and 
     advanced cyber information all fuel increases in the demand 
     for electricity;
       (3) demand-side management, while important, is not likely 
     to halt the increase in energy demand;
       (4)(A) nuclear power is the largest producer of essentially 
     emission-free electricity;
       (B) nuclear energy is one of the few energy sources that 
     controls all pollutants;
       (C) nuclear plants are demonstrating excellent reliability 
     as the plants produce power at low cost with a superb safety 
     record; and
       (D) the generation costs of nuclear power are not subject 
     to price fluctuations of fossil fuels because nuclear fuels 
     can be mined domestically or purchased from reliable trading 
     partners;
       (5) requirements for new highly reliable baseload 
     generation capacity coupled with increasing environmental 
     concerns and limited long-term availability of fossil fuels 
     require that the United States preserve the nuclear energy 
     option into the future;
       (6) to ensure the reliability of electricity supply and 
     delivery, the United States needs programs to encourage the 
     extended or more efficient operation of currently existing 
     nuclear plants and the construction of new nuclear plants;
       (7) a qualified workforce is a prerequisite to continued 
     safe operation of--
       (A) nuclear plants;
       (B) the nuclear navy;
       (C) programs dealing with high-level or low-level waste 
     from civilian or defense facilities; and
       (D) research and medical uses of nuclear technologies;
       (8) uncertainty surrounding the costs associated with 
     regulatory approval for siting, constructing, and operating 
     nuclear plants confuses the economics for new plant 
     investments;
       (9) to ensure the long-term reliability of supplies of 
     nuclear fuel, the United States must ensure that the domestic 
     uranium mining, conversion, and enrichment service industries 
     remain viable;
       (10)(A) technology developed in the United States and 
     worldwide, broadly labeled as the Generation IV Reactor, is 
     demonstrating that new designs of nuclear reactors are 
     feasible;
       (B) plants using the new designs would have improved 
     safety, minimized proliferation risks, reduced spent fuel, 
     and much lower costs; and
       (C)(i) the nuclear facility infrastructure needed to 
     conduct nuclear energy research and development in the United 
     States has been allowed to erode over the past decade; and
       (ii) that infrastructure must be restored to support 
     development of Generation IV nuclear energy systems;
       (11)(A) to ensure the long-term viability of nuclear power, 
     the public must be confident that final waste forms resulting 
     from spent fuel are controlled so as to have negligible 
     impact on the environment; and
       (B) continued research on repositories, and on approaches 
     to mitigate the toxicity of materials entering any future 
     repository, would serve that public interest; and
       (12)(A) the Nuclear Regulatory Commission must continue its 
     stewardship of the safety of our nuclear industry;
       (B) at the same time, the Commission must streamline 
     processes wherever possible to provide timely responses to a 
     wide range of safety, upgrade, and licensing issues;
       (C) the Commission should conduct research on new reactor 
     technologies to support future regulatory decisions; and
       (D) a revision of certain Commission procedures would 
     assist in more timely processing of license applications and 
     other requests for regulatory action.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the Nuclear 
     Regulatory Commission.
       (2) Early site permit.--The term ``Early Site Permit'' 
     means a permit for a site to be a future location for a 
     nuclear plant under subpart A of part 52 of title 10, Code of 
     Federal Regulations.
       (3) Nuclear plant.--The term ``nuclear plant'' means a 
     nuclear energy facility that generates electricity.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

          TITLE I--SUPPORT FOR CONTINUED USE OF NUCLEAR ENERGY

                 Subtitle A--Price-Anderson Amendments

     SEC. 101. SHORT TITLE.

       This subtitle may be cited as the ``Price-Anderson 
     Amendments Act of 2001''.

     SEC. 102. INDEMNIFICATION AUTHORITY.

       (a) Indemnification of Nuclear Regulatory Commission 
     Licensees.--Section 170c. of the Atomic Energy Act of 1954 
     (42 U.S.C. 2210(c)) is amended--
       (1) in the subsection heading, by striking ``Licenses'' and 
     inserting ``Licensees''; and
       (2) by striking ``August 1, 2002'' each place it appears 
     and inserting ``August 1, 2012''.
       (b) Indemnification of Department of Energy Contractors.--
     Section 170d.(1)(A) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2210(d)(1)(A)) is amended by striking ``, until August 
     1, 2002,''.
       (c) Indemnification of Nonprofit Educational 
     Institutions.--Section 170k. of the Atomic Energy Act of 1954 
     (42 U.S.C. 2210(k)) is amended by striking ``August 1, 2002'' 
     each place it appears and inserting ``August 1, 2012''.

     SEC. 103. MAXIMUM ASSESSMENT.

       Section 170b.(1) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2210(b)(1)) is amended in the second proviso of the 
     third sentence by striking ``$10,000,000'' and inserting 
     ``$20,000,000''.

     SEC. 104. DEPARTMENT OF ENERGY LIABILITY LIMIT.

       (a) Aggregate Liability Limit.--Section 170d. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2210(d)) is amended by striking 
     paragraph (2) and inserting the following:
       ``(2) Liability limit.--In an agreement of indemnification 
     entered into under paragraph (1), the Secretary--
       ``(A) may require the contractor to provide and maintain 
     the financial protection of such a type and in such amounts 
     as the Secretary shall determine to be appropriate to cover 
     public liability arising out of or in connection with the 
     contractual activity; and
       ``(B) shall indemnify the persons indemnified against such 
     claims above the amount of the financial protection required, 
     in the amount of $10,000,000,000 (subject to adjustment for 
     inflation under subsection t.), in the aggregate, for all 
     persons indemnified in connection with the contract and for 
     each nuclear incident, including such legal costs of the 
     contractor as are approved by the Secretary.''.
       (b) Contract Amendments.--Section 170d. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2210(d)) is amended by striking 
     paragraph (3) and inserting the following:
       ``(3) Contract amendments.--All agreements of 
     indemnification under which the Department of Energy (or its 
     predecessor agencies) may be required to indemnify any 
     person, shall be deemed to be amended, on the date of 
     enactment of the Price-Anderson Amendments Act of 2001, to 
     reflect the amount of indemnity for public liability and any 
     applicable financial protection required of the contractor 
     under this subsection on that date.''.

     SEC. 105. INCIDENTS OUTSIDE THE UNITED STATES.

       (a) Amount of Indemnification.--Section 170d.(5) of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(5)) is amended 
     by striking ``$100,000,000'' and inserting ``$500,000,000''.
       (b) Liability Limit.--Section 170e.(4) of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2210(e)(4)) is amended by striking 
     ``$100,000,000'' and inserting ``$500,000,000''.

     SEC. 106. REPORTS.

       Section 170p. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2210(p)) is amended by striking ``August 1, 1998'' and 
     inserting ``August 1, 2008''.

     SEC. 107. INFLATION ADJUSTMENT.

       Section 170t. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2210(t)) is amended--
       (1) by designating paragraph (2) as paragraph (3); and
       (2) by adding after paragraph (1) the following:
       ``(2) Adjustment.--The Secretary shall adjust the amount of 
     indemnification provided under an agreement of 
     indemnification under subsection d. not less than once during 
     each 5-year period following the date of enactment of the 
     Price-Anderson Amendments Act of 2001, in accordance with the 
     aggregate percentage change in the Consumer Price Index 
     since--
       ``(A) that date of enactment, in the case of the first 
     adjustment under this subsection; or
       ``(B) the previous adjustment under this subsection.''.

     SEC. 108. CIVIL PENALTIES.

       (a) Repeal of Automatic Remission.--Section 234Ab.(2) of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2282a(b)(2)) is 
     amended by striking the last sentence.
       (b) Limitation for Nonprofit Institutions.--Section 234A of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2282a) is amended by 
     striking subsection d. and inserting the following:
       ``d. Notwithstanding subsection a., no contractor, 
     subcontractor, or supplier of the Department of Energy that 
     is an organization described in section 501(c)(3) of the 
     Internal Revenue Code of 1986 that is exempt from taxation 
     under section 501(a) of the Code shall be subject to a civil 
     penalty under this section in any fiscal year in excess of 
     the amount of any performance fee paid by the Secretary 
     during that fiscal year to the contractor, subcontractor, or 
     supplier under the contract under which a violation 
     occurs.''.

     SEC. 109. APPLICABILITY.

       (a) Indemnification Provisions.--The amendments made by 
     sections 103, 104, and 105 do not apply to a nuclear incident 
     that occurs before the date of enactment of this Act.
       (b) Civil Penalty Provisions.--The amendments made by 
     section 108(b) do not apply to a violation that occurs under 
     a contract entered into before the date of enactment of this 
     Act.

[[Page S11620]]

 Subtitle B--Leadership of the Office of Nuclear Energy, Science, and 
                  Technology and the Office of Science

     SEC. 111. ASSISTANT SECRETARIES.

       (a) In General.--Section 203(a) of the Department of Energy 
     Organization Act (42 U.S.C. 7133(a)) is amended in the matter 
     preceding paragraph (1) by striking ``eight'' and inserting 
     ``ten''.
       (b) Functions.--On appointment of the 2 additional 
     Assistant Secretaries of Energy under the amendment made by 
     subsection (a), the Secretary shall assign--
       (1) to one of the Assistant Secretaries, the functions 
     performed by the Director of the Office of Science as of the 
     date of enactment of this Act; and
       (2) to the other, the functions performed by the Director 
     of the Office of Nuclear Energy, Science, and Technology as 
     of that date.

      Subtitle C--Funding of Certain Department of Energy Programs

     SEC. 121. ESTABLISHMENT OF PROGRAMS.

       The Secretary shall establish or continue programs 
     administered by the Office of Nuclear Energy, Science, and 
     Technology to--
       (1) support the Nuclear Energy Research Initiative, the 
     Nuclear Energy Plant Optimization Program, and the Nuclear 
     Energy Technology Program;
       (2) encourage investments to increase the electricity 
     capacity at commercial nuclear plants in existence on the 
     date of enactment of this Act;
       (3) ensure continued viability of a domestic capability for 
     uranium mining, conversion, and enrichment industries; and
       (4) support university nuclear engineering education 
     research and infrastructure programs, including closely 
     related specialties such as health physics, actinide 
     chemistry, and material sciences.

     SEC. 122. NUCLEAR ENERGY RESEARCH INITIATIVE.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary, for a Nuclear Energy 
     Research Initiative to be managed by the Director of the 
     Office of Nuclear Energy, Science, and Technology for grants 
     to be competitively awarded and subject to peer review for 
     research relating to nuclear energy--
       (1) $60,000,000 for fiscal year 2002; and
       (2) such sums as are necessary for fiscal years 2003 
     through 2006.
       (b) Reports.--The Secretary shall submit to the Committee 
     on Science and the Committee on Appropriations of the House 
     of Representatives, and to the Committee on Energy and 
     Natural Resources and the Committee on Appropriations of the 
     Senate an annual report on the activities of the Nuclear 
     Energy Research Initiative.

     SEC. 123. NUCLEAR ENERGY PLANT OPTIMIZATION PROGRAM.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for a Nuclear Energy 
     Plant Optimization Program to be managed by the Director of 
     the Office of Nuclear Energy, Science, and Technology for a 
     joint program with industry cost-shared by at least 50 
     percent and subject to annual review by the Secretary of 
     Energy's Nuclear Energy Research Advisory Committee--
       (1) $15,000,000 for fiscal year 2002; and
       (2) such sums as are necessary for fiscal years 2003 
     through 2006.
       (b) Reports.--The Secretary shall submit to the Committee 
     on Science and the Committee on Appropriations of the House 
     of Representatives, and to the Committee on Energy and 
     Natural Resources and the Committee on Appropriations of the 
     Senate an annual report on the activities of the Nuclear 
     Energy Plant Optimization Program.

     SEC. 124. UPRATING OF NUCLEAR PLANT OPERATIONS.

       (a) In General.--The Secretary, to the extent funds are 
     available, shall reimburse costs incurred by a licensee of a 
     nuclear plant as provided in this section.
       (b) Payment of Commission User Fees.--In carrying out 
     subsection (a), the Secretary shall reimburse all user fees 
     incurred by a licensee of a nuclear plant for obtaining the 
     approval of the Commission to achieve a permanent increase in 
     the rated electricity capacity of the licensee's nuclear 
     plant if the licensee achieves the increased capacity before 
     December 31, 2004.
       (c) Preference.--Preference shall be given by the Secretary 
     to projects in which a single uprating operation can benefit 
     multiple domestic nuclear power reactors.
       (d) Incentive Payments.--
       (1) In general.--In addition to payments made under 
     subsection (a), the Secretary shall offer an incentive 
     payment equal to 10 percent of the capital improvement cost 
     resulting in a permanent increase of at least 5 percent in 
     the rated electricity capacity of the licensee's nuclear 
     plant if the licensee achieves the increased capacity rating 
     before December 31, 2004.
       (2) Limitation.--No incentive payment under paragraph (1) 
     associated with any single nuclear unit shall exceed 
     $1,000,000.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 for 
     each of fiscal years 2002 and 2003.

     SEC. 125. UNIVERSITY PROGRAMS.

       (a) In General.--The Secretary may, as provided in this 
     section, provide grants and other forms of payment to further 
     the national goal of producing well-educated graduates in 
     nuclear engineering and closely related specialties that 
     support nuclear energy programs such as health physics, 
     actinide chemistry, and material sciences.
       (b) Support for University Research Reactors.--The 
     Secretary may provide grants and other forms of payments for 
     plant upgrading to universities in the United States that 
     operate and maintain nuclear research reactors.
       (c) Support for University Research and Development.--The 
     Secretary may provide grants and other forms of payment for 
     research and development work by faculty, staff, and students 
     associated with nuclear engineering programs and closely 
     related specialties at universities in the United States.
       (d) Support for Nuclear Engineering Students and Faculty.--
     The Secretary may provide fellowships, scholarships, and 
     other support to students and to departments of nuclear 
     engineering and closely related specialties at universities 
     in the United States.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $34,200,000 for fiscal year 2002, of which--
       (A) $13,000,000 shall be available to carry out subsection 
     (b);
       (B) $10,200,000 shall be available to carry out subsection 
     (c) of which not less than $2,000,000 shall be available to 
     support health physics programs; and
       (C) $11,000,000 shall be available to carry out subsection 
     (d) of which not less than $2,000,000 shall be available to 
     support health physics programs; and
       (2) such sums as are necessary for subsequent fiscal years.

     SEC. 126. PROHIBITION OF COMMERCIAL SALES OF URANIUM AND 
                   CONVERSION HELD BY THE DEPARTMENT OF ENERGY 
                   UNTIL 2006.

       Section 3112(b) of the USEC Privatization Act (42 U.S.C. 
     2297h-10(b)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Sale of uranium hexafluoride.--
       ``(A) In general.--The Secretary shall--
       ``(i) sell and receive payment for the uranium hexafluoride 
     transferred to the Secretary under paragraph (1); and
       ``(ii) refrain from sales of its surplus natural uranium 
     and conversion services through 2006 (except sales or 
     transfers to the Tennessee Valley Authority in relation to 
     the Department's HEU or Tritium programs, minor quantities 
     associated with site cleanup projects, or the Department of 
     Energy research reactor sales program).
       ``(B) Requirements.--Under subparagraph (A)(i), uranium 
     hexafluoride shall be sold--
       ``(i) in 1995 and 1996 to the Russian Executive Agent at 
     the purchase price for use in matched sales pursuant to the 
     Suspension Agreement; or
       ``(ii) in 2006 for consumption by end users in the United 
     States not before January 1, 2007, and in subsequent years, 
     in volumes not to exceed 3,000,000 pounds 
     U3O8 equivalent per year.''.

     SEC. 127. MAINTENANCE OF A VIABLE DOMESTIC URANIUM CONVERSION 
                   INDUSTRY.

       (a) In General.--For Department of Energy expenses 
     necessary in providing to Converdyn Incorporated a payment 
     for losses associated with providing conversion services for 
     the production of low-enriched uranium (excluding imports 
     related to actions taken under the United States/Russia 
     HEU Agreement), there is authorized to be appropriated 
     $8,000,000 for each of fiscal years 2002, 2003, and 2004.
       (b) Rate.--The payment shall be at a rate, determined by 
     the Secretary, that--
       (1)(A) is based on the difference between Converdyn's costs 
     and its sale price for providing conversion services for the 
     production of low-enriched uranium fuel; but
       (B) does not exceed the amount appropriated under 
     subsection (a); and
       (2) shall be based contingent on submission to the 
     Secretary of a financial statement satisfactory to the 
     Secretary that is certified by an independent auditor for 
     each year.
       (c) Timing.--A payment under subsection (a) shall be 
     provided as soon as practicable after receipt and 
     verification of the financial statement submitted under 
     subsection (b).

     SEC. 128. PORTSMOUTH GASEOUS DIFFUSION PLANT.

       (a) In General.--The Secretary may proceed with actions 
     required to place the Portsmouth gaseous diffusion plant into 
     cold standby condition for a period of 5 years.
       (b) Plant Condition.--In the cold standby condition, the 
     plant shall be in a condition that--
       (1) would allow its restart, for production of 3,000,000 
     separative work units per year, to meet domestic demand for 
     enrichment services; and
       (2) will facilitate the future decontamination and 
     decommissioning of the plant.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       (1) $36,000,000 for fiscal year 2002; and
       (2) such sums as are necessary for fiscal years 2003, 2004, 
     and 2005.

     SEC. 129. NUCLEAR GENERATION REPORT.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall submit to 
     Congress a report on the state of nuclear power generation in 
     the United States.
       (b) Contents.--The report shall--
       (1) provide current and historical detail regarding--
       (A) the number of commercial nuclear plants and the amount 
     of electricity generated; and
       (B) the safety record of commercial nuclear plants;

[[Page S11621]]

       (2) review the status of the relicensing process for 
     commercial nuclear plants, including--
       (A) current and anticipated applications; and
       (B) for each current and anticipated application--
       (i) the anticipated length of time for a license renewal 
     application to be processed; and
       (ii) the current and anticipated costs of each license 
     renewal;
       (3) assess the capability of the Commission to evaluate 
     licenses for new advanced reactor designs and discuss the 
     confirmatory and anticipatory research activities needed to 
     support that capability;
       (4) detail the efforts of the Commission to prepare for 
     potential new commercial nuclear plants, including evaluation 
     of any new plant design and the licensing process for nuclear 
     plants;
       (5) state the anticipated length of time for a new plant 
     license to be processed and the anticipated cost of such a 
     process; and
       (6) include recommendations for improvements in each of the 
     processes reviewed.

                TITLE II--CONSTRUCTION OF NUCLEAR PLANTS

     SEC. 201. ESTABLISHMENT OF PROGRAMS.

       (a) Secretary.--The Secretary shall establish a program 
     within the Office of Nuclear Energy, Science, and Technology 
     to--
       (1) demonstrate the Nuclear Regulatory Commission Early 
     Site Permit process;
       (2) evaluate opportunities for completion of partially 
     constructed nuclear plants; and
       (3) develop a report assessing opportunities for Generation 
     IV reactors.
       (b) Commission.--The Commission shall develop a research 
     program to support regulatory actions relating to new nuclear 
     plant technologies.

     SEC. 202. NUCLEAR PLANT COMPLETION INITIATIVE.

       (a) In General.--The Secretary shall solicit information on 
     United States nuclear plants requiring additional capital 
     investment before becoming operational or being returned to 
     operation to determine which, if any, should be included in a 
     study of the feasibility of completing and operating some or 
     all of the nuclear plants by December 31, 2004, considering 
     technical and economic factors.
       (b) Identification of Unfinished Nuclear Plants.--The 
     Secretary shall convene a panel of experts to--
       (1) review information obtained under subsection (a); and
       (2) identify which unfinished nuclear plants should be 
     included in a feasibility study.
       (c) Technical and Economic Completion Assessment.--On 
     completion of the identification of candidate nuclear plants 
     under subsection (b), the Secretary shall commence a detailed 
     technical and economic completion assessment that includes, 
     on a unit-specific basis, all technical and economic 
     information necessary to permit a decision on the feasibility 
     of completing work on any or all of the nuclear plants 
     identified under subsection (b).
       (d) Solicitation of Proposals.--After making the results of 
     the feasibility study under subsection (c) available to the 
     public, the Secretary shall solicit proposals for completing 
     construction on any or all of the nuclear plants assessed 
     under subsection (c).
       (e) Selection of Proposals.--
       (1) In general.--The Secretary shall reconvene the panel of 
     experts designated under subsection (b) to review and select 
     the nuclear plants to be pursued, taking into consideration 
     any or all of the following factors:
       (A) Location of the nuclear plant and the regional need for 
     expanded power capability.
       (B) Time to completion.
       (C) Economic and technical viability for completion of the 
     nuclear plant.
       (D) Financial capability of the offeror.
       (E) Extent of support from regional and State officials.
       (F) Experience and past performance of the members of the 
     offeror in siting, constructing, or operating nuclear 
     generating facilities.
       (G) Lowest cost to the Government.
       (2) Regional and state support.--No proposal shall be 
     accepted without endorsement by the State Governor and by the 
     elected governing bodies of--
       (A) each political subdivision in which the nuclear plant 
     is located; and
       (B) each other political subdivision that the Secretary 
     determines has a substantial interest in the completion of 
     the nuclear plant.
       (f) Report to Congress.--
       (1) In general.--Not later than June 1, 2002, the Secretary 
     shall submit to Congress a report describing the reactors 
     identified for completion under subsection (e).
       (2) Contents.--The report shall--
       (A) detail the findings under each of the criteria 
     specified in subsection (e); and
       (B) include recommendations for action by Congress to 
     authorize actions that may be initiated in fiscal year 2003 
     to expedite completion of the reactors.
       (3) Considerations.--In making recommendations under 
     paragraph (2)(B), the Secretary shall consider--
       (A) the advisability of authorizing payment by the 
     Government of Commission user fees (including consideration 
     of the estimated cost to the Government of paying such fees); 
     and
       (B) other appropriate considerations.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,000,000 for 
     fiscal year 2002.

     SEC. 203. EARLY SITE PERMIT DEMONSTRATION PROGRAM.

       (a) In General.--The Secretary shall initiate a program of 
     Government/private partnership demonstration projects to 
     encourage private sector applications to the Commission for 
     approval of sites that are potentially suitable to be used 
     for the construction of future nuclear power generating 
     facilities.
       (b) Projects.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall issue a 
     solicitation of offers for proposals from private sector 
     entities to enter into partnerships with the Secretary to--
       (1) demonstrate the Early Site Permit process; and
       (2) create a bank of approved sites by December 31, 2003.
       (c) Criteria for Proposals.--A proposal submitted under 
     subsection (b) shall--
       (1) identify a site owned by the offeror that is suitable 
     for the construction and operation of a new nuclear plant; 
     and
       (2) state the agreement of the offeror to pay not less than 
     \1/2\ of the costs of--
       (A) preparation of an application to the Commission for an 
     Early Site Permit for the site identified under paragraph 
     (1); and
       (B) review of the application by the Commission.
       (d) Selection of Proposals.--The Secretary shall establish 
     a competitive process to review and select the projects to be 
     pursued, taking into consideration the following:
       (1) Time to prepare the application.
       (2) Site qualities or characteristics that could affect the 
     duration of application review.
       (3) The financial capability of the offeror.
       (4) The experience of the offeror in siting, constructing, 
     or operating nuclear plants.
       (5) The support of regional and State officials.
       (6) The need for new electricity supply in the vicinity of 
     the site, or proximity to suitable transmission lines.
       (7) Lowest cost to the Government.
       (e) Cooperative Agreements.--The Secretary may enter into 
     cooperative agreements with up to 3 offerors selected through 
     the competitive process to pay not more than \1/2\ of the 
     costs incurred by the parties to the agreements for--
       (1) preparation of an application to the Commission for an 
     Early Site Permit for the site; and
       (2) review of the application by the Commission.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 for 
     each of fiscal years 2002 and 2003, to remain available until 
     expended.

     SEC. 204. NUCLEAR ENERGY TECHNOLOGY STUDY FOR GENERATION IV 
                   REACTORS.

       (a) In General.--The Secretary shall conduct a study of 
     Generation IV nuclear energy systems, including development 
     of a technology roadmap and performance of research and 
     development necessary to make an informed technical decision 
     regarding the most promising candidates for commercial 
     deployment.
       (b) Upgrades and Additions.--The Secretary may make 
     upgrades or additions to the nuclear energy research facility 
     infrastructure as needed to carry out the study under 
     subsection (a).
       (c) Reactor Characteristics.--To the extent practicable, in 
     conducting the study under subsection (a), the Secretary 
     shall study nuclear energy systems that offer the highest 
     probability of achieving the goals for Generation IV nuclear 
     energy systems established by the Nuclear Energy Research 
     Advisory Committee, including--
       (1) economics competitive with natural gas-fueled 
     generators;
       (2) enhanced safety features or passive safety features;
       (3) substantially reduced production of high-level waste, 
     as compared with the quantity of waste produced by reactors 
     in operation on the date of enactment of this Act;
       (4) highly proliferation resistant fuel and waste;
       (5) sustainable energy generation including optimized fuel 
     utilization; and
       (6) substantially improved thermal efficiency, as compared 
     with the thermal efficiency of reactors in operation on the 
     date of enactment of this Act.
       (c) Consultation.--In conducting the study, the Secretary 
     shall consult with--
       (1) the Commission, with respect to evaluation of 
     regulatory issues; and
       (2) the International Atomic Energy Agency, with respect to 
     international safeguards.
       (d) Report.--
       (1) In general.--Not later than December 31, 2002, the 
     Secretary shall submit to Congress a report describing the 
     results of the roadmap and plans for research and development 
     leading to a public/private cooperative demonstration of one 
     or more Generation IV nuclear energy systems.
       (2) Contents.--The report shall contain--
       (A) an assessment of all available technologies;
       (B) a summary of actions needed for the most promising 
     candidates to be considered as viable commercial options 
     within the five to ten years after the date of the report 
     with consideration of regulatory, economic, and technical 
     issues;
       (C) a recommendation of not more than three promising 
     Generation IV nuclear energy system concepts for further 
     development;

[[Page S11622]]

       (D) an evaluation of opportunities for public/private 
     partnerships;
       (E) a recommendation for structure of a public/private 
     partnership to share in development and construction costs;
       (F) a plan leading to the selection and conceptual design, 
     by September 30, 2004, of at least one Generation IV nuclear 
     energy system for demonstration through a public/private 
     partnership; and
       (G) a recommendation for appropriate involvement of the 
     Commission.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $50,000,000 for fiscal year 2002; and
       (2) such sums as are necessary for fiscal years 2003 
     through 2006.

     SEC. 205. RESEARCH SUPPORTING REGULATORY PROCESSES FOR NEW 
                   REACTOR TECHNOLOGIES AND DESIGNS.

       (a) In General.--The Commission shall develop a 
     comprehensive research program to support resolution of 
     potential licensing issues associated with new reactor 
     concepts and new technologies that may be incorporated into 
     new or current designs of nuclear plants.
       (b) Identification of Candidate Designs.--The Commission 
     shall work with the Office of Nuclear Energy, Science, and 
     Technology and the nuclear industry to identify candidate 
     designs to be addressed by the program.
       (c) Activities To Be Included.--The research shall 
     include--
       (1) modeling, analyses, tests, and experiments as required 
     to provide input into total system behavior and response to 
     hypothesized accidents; and
       (2) consideration of new reactor technologies that may 
     affect--
       (A) risk-informed licensing of new plants;
       (B) behavior of advanced fuels;
       (C) evolving environmental considerations relative to spent 
     fuel management and health effect standards;
       (D) new technologies (such as advanced sensors, digital 
     instrumentation, and control) and human factors that affect 
     the application of new technology to current plants; and
       (E) other emerging technical issues.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       (1) $25,000,000 for fiscal year 2002; and
       (2) such sums as are necessary for subsequent fiscal years.

                TITLE III--EVALUATIONS OF NUCLEAR ENERGY

     SEC. 301. ENVIRONMENTALLY PREFERABLE PURCHASING.

       (a) Acquisition.--For the purposes of Executive Order No. 
     13101 (3 C.F.R. 210 (1998)) and policies established by the 
     Office of Federal Procurement Policy or other executive 
     branch offices for the acquisition or use of environmentally 
     preferable products (as defined in section 201 of the 
     Executive order), electricity generated by a nuclear plant 
     shall be considered to be an environmentally preferable 
     product.
       (b) Procurement.--No Federal procurement policy or program 
     may--
       (1) discriminate against or exclude nuclear generated 
     electricity in making purchasing decisions; or
       (2) subscribe to product certification programs or 
     recommend product purchases that exclude nuclear electricity.

     SEC. 302. EMISSION-FREE CONTROL MEASURES UNDER A STATE 
                   IMPLEMENTATION PLAN.

       (a) Definitions.--In this section:
       (1) Criteria air pollutant.--The term ``criteria air 
     pollutant'' means a pollutant listed under section 108(a) of 
     the Clean Air Act (42 U.S.C. 7408(a)).
       (2) Emission-free electricity source.-- The term 
     ``emission-free electricity source'' means--
       (A) a facility that generates electricity without emitting 
     criteria pollutants, hazardous pollutants, or greenhouse 
     gases as a result of onsite operations of the facility; and
       (B) a facility that generates electricity using nuclear 
     fuel that meets all applicable standards for radiological 
     emissions under section 112 of the Clean Air Act (42 U.S.C. 
     7412).
       (3) Greenhouse gas.--The term ``greenhouse gas'' means a 
     natural or anthropogenic gaseous constituent of the 
     atmosphere that absorbs and re-emits infrared radiation.
       (4) Hazardous pollutant.--The term ``hazardous pollutant'' 
     has the meaning given the term in section 112(a) of the Clean 
     Air Act (42 U.S.C. 7412(a)).
       (5) Improvement in availability.--The term ``improvement in 
     availability'' means an increase in the amount of electricity 
     produced by an emission-free electricity source that provides 
     a commensurate reduction in output from emitting sources.
       (6) Increased emission-free capacity project.--The term 
     ``increased emission-free capacity project'' means a project 
     to construct an emission-free electricity source or increase 
     the rated capacity of an existing emission-free electricity 
     source.
       (b) Treatment of Certain State Actions as Control 
     Measures.--An action taken by a State to support the 
     continued operation of an emission-free electricity source or 
     to support an improvement in availability or an increased 
     emission-free capacity project shall be considered to be a 
     control measure for the purposes of section 110(a) of the 
     Clean Air Act (42 U.S.C. 7410(a)).
       (c) Economic Incentive Programs.--
       (1) Criteria air pollutants and hazardous pollutants.--
     Emissions of criteria air pollutants or hazardous pollutants 
     prevented or avoided by an improvement in availability or the 
     operation of increased emission-free capacity shall be 
     eligible for, and may not be excluded from, incentive 
     programs used as control measures, including programs 
     authorizing emission trades, revolving loan funds, tax 
     benefits, and special financing programs.
       (2) Greenhouse gases.--Emissions of greenhouse gases 
     prevented or avoided by an improvement in availability or the 
     operation of increased emission-free capacity shall be 
     eligible for, and may not be excluded from, incentive 
     programs used as control measures on the national, regional 
     State, or local level.

     SEC. 304. PROHIBITION OF DISCRIMINATION AGAINST EMISSION-FREE 
                   ELECTRICITY PROJECTS IN INTERNATIONAL 
                   DEVELOPMENT PROGRAMS.

       (a) Prohibition.--No Federal funds shall be used to support 
     a domestic or international organization engaged in the 
     financing, development, insuring, or underwriting of 
     electricity production facilities if the activities fail to 
     include emission-free electricity production facility 
     projects that use nuclear fuel.
       (b) Request for Policies.--The Secretary of Energy shall 
     request copies of all written policies regarding the 
     eligibility of emission-free nuclear electricity production 
     facilities for funding or support from international or 
     domestic organizations engaged in the financing, development, 
     insuring, or underwriting of electricity production 
     facilities, including--
       (1) the Agency for International Development;
       (2) the World Bank;
       (3) the Overseas Private Investment Corporation;
       (4) the International Monetary Fund; and
       (5) the Export-Import Bank.

     TITLE IV--DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY

     SEC. 401. FINDINGS.

       Congress finds that--
       (1) before the Federal Government takes any irreversible 
     action relating to the disposal of spent nuclear fuel, 
     Congress must determine whether the spent fuel should be 
     treated as waste subject to permanent burial or should be 
     considered to be an energy resource that is needed to meet 
     future energy requirements; and
       (2) national policy on spent nuclear fuel may evolve with 
     time as improved technologies for spent fuel are developed or 
     as national energy needs evolve.

     SEC. 402. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.

       (a) Definitions.--In this section:
       (1) Associate director.--The term ``Associate Director'' 
     means the Associate Director of the Office.
       (2) Office.--The term ``Office'' means the Office of Spent 
     Nuclear Fuel Research established by subsection (b).
       (b) Establishment.--There is established an Office of Spent 
     Nuclear Fuel Research within the Office of Nuclear Energy 
     Science and Technology of the Department of Energy.
       (c) Head of Office.--The Office shall be headed by the 
     Associate Director, who shall be a member of the Senior 
     Executive Service appointed by the Director of the Office of 
     Nuclear Energy Science and Technology, and compensated at a 
     rate determined by applicable law.
       (d) Duties of the Associate Director.--
       (1) In general.--The Associate Director shall be 
     responsible for carrying out an integrated research, 
     development, and demonstration program on technologies for 
     treatment, recycling, and disposal of high-level nuclear 
     radioactive waste and spent nuclear fuel, subject to the 
     general supervision of the Secretary.
       (2) Participation.--The Associate Director shall coordinate 
     the participation of national laboratories, universities, the 
     commercial nuclear industry, and other organizations in the 
     investigation of technologies for the treatment, recycling, 
     and disposal of spent nuclear fuel and high-level radioactive 
     waste.
       (3) Activities.--The Associate Director shall--
       (A) develop a research plan to provide recommendations by 
     2015;
       (B) identify promising technologies for the treatment, 
     recycling, and disposal of spent nuclear fuel and high-level 
     radioactive waste;
       (C) conduct research and development activities for 
     promising technologies;
       (D) ensure that all activities include as key objectives 
     minimization of proliferation concerns and risk to health of 
     the general public or site workers, as well as development of 
     cost-effective technologies;
       (E) require research on both reactor- and accelerator-based 
     transmutation systems;
       (F) require research on advanced processing and 
     separations;
       (G) include participation of international collaborators in 
     research efforts, and provide funding to a collaborator that 
     brings unique capabilities not available in the United States 
     if the country in which the collaborator is located is unable 
     to provide support; and
       (H) ensure that research efforts are coordinated with 
     research on advanced fuel cycles

[[Page S11623]]

     and reactors conducted by the Office of Nuclear Energy 
     Science and Technology.
       (e) Grant and Contract Authority.--The Secretary may make 
     grants, or enter into contracts, for the purposes of the 
     research projects and activities described in subsection 
     (d)(3).
       (f) Report.--The Associate Director shall annually submit 
     to Congress a report on the activities and expenditures of 
     the Office that describes the progress being made in 
     achieving the objectives of this section.

     SEC. 403. ADVANCED FUEL RECYCLING TECHNOLOGY DEVELOPMENT 
                   PROGRAM.

       (a) In General.--The Secretary, acting through the Director 
     of the Office of Nuclear Energy, Science, and Technology, 
     shall conduct an advanced fuel recycling technology research 
     and development program to further the availability of 
     electrometallurgical technology as a proliferation-resistant 
     alternative to aqueous reprocessing in support of evaluation 
     of alternative national strategies for spent nuclear fuel and 
     the Generation IV advanced reactor concepts, subject to 
     annual review by the Nuclear Energy Research Advisory 
     Committee.
       (b) Reports.--The Secretary shall submit to the Committee 
     on Science and the Committee on Appropriations of the House 
     of Representatives and the Committee on Energy and Natural 
     Resources and the Committee on Appropriations of the Senate 
     an annual report on the activities of the advanced fuel 
     recycling technology development program.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $10,000,000 for fiscal year 2002; and
       (2) such sums as are necessary for fiscal years 2003 
     through 2006.

                   TITLE V--NATIONAL ACCELERATOR SITE

     SEC. 501. FINDINGS.

       Congress finds that--
       (1)(A) high-current proton accelerators are capable of 
     producing significant quantities of neutrons through the 
     spallation process without using a critical assembly; and
       (B) the availability of high-neutron fluences enables a 
     wide range of missions of major national importance to be 
     conducted;
       (2)(A) public acceptance of repositories, whether for spent 
     fuel or for final waste products from spent fuel, can be 
     enhanced if the radio-toxicity of the materials in the 
     repository can be reduced;
       (B) transmutation of long-lived radioactive species by an 
     intense neutron source provides an approach to such a 
     reduction in toxicity; and
       (C) research and development in this area (which, when the 
     source of neutrons is derived from an accelerator, is called 
     ``accelerator transmutation of waste'') should be an 
     important part of a national spent fuel strategy;
       (3)(A) nuclear weapons require a reliable source of 
     tritium;
       (B) the Department of Energy has identified production of 
     tritium in a commercial light water reactor as the first 
     option to be pursued;
       (C) the importance of tritium supply is of sufficient 
     magnitude that a backup technology should be demonstrated and 
     available for rapid scale-up to full requirements;
       (D) evaluation of tritium production by a high-current 
     accelerator has been underway; and
       (E) accelerator production of tritium should be 
     demonstrated, so that the capability can be scaled up to 
     levels required for the weapons stockpile if difficulties 
     arise with the reactor approach;
       (4)(A) radioisotopes are required in many medical 
     procedures;
       (B) research on new medical procedures is adversely 
     affected by the limited availability of production facilities 
     for certain radioisotopes; and
       (C) high-current accelerators are an important source of 
     radioisotopes, and are best suited for production of proton-
     rich isotopes; and
       (5)(A) a spallation source provides a continuum of neutron 
     energies; and
       (B) the energy spectrum of neutrons can be altered and 
     tailored to allow a wide range of experiments in support of 
     nuclear engineering studies of alternative reactor 
     configurations, including studies of materials that may be 
     used in future fission or fusion systems.

     SEC. 502. DEFINITIONS.

       In this title:
       (1) Office.--The term ``Office'' means the Office of 
     Nuclear Energy, Science, and Technology of the Department of 
     Energy.
       (2) Program.--The term ``program'' means the Advanced 
     Accelerator Applications Program established under section 
     503.
       (3) Proposal.--The term ``proposal'' means the proposal for 
     a location supporting the missions identified for the program 
     developed under section 503.

     SEC. 503. ADVANCED ACCELERATOR APPLICATIONS PROGRAM.

       (a) Establishment of Program.--The Secretary shall 
     establish a program to be known as the ``Advanced Accelerator 
     Applications Program''.
       (b) Mission.--The mission of the program shall include 
     conducting scientific or engineering research, development, 
     and demonstrations on--
       (1) accelerator production of tritium as a backup 
     technology;
       (2) transmutation of spent nuclear fuel and waste;
       (3) production of radioisotopes;
       (4) advanced nuclear engineering concepts, including 
     material science issues; and
       (5) other applications that may be identified.
       (c) Administration.--The program shall be administered by 
     the Office--
       (1) in consultation with the National Nuclear Security 
     Administration, for all activities related to tritium 
     production; and
       (2) in consultation with the Office of Civilian Radioactive 
     Waste Management, for all activities relating to the impact 
     of waste transmutation on repository requirements.
       (d) Participation.--The Office shall encourage 
     participation of international collaborators, industrial 
     partners, national laboratories, and, through support for new 
     graduate engineering and science students and professors, 
     universities.
       (e) Proposal of Location.--
       (1) In general.--The Office shall develop a detailed 
     proposal for a location supporting the missions identified 
     for the program.
       (2) Contents.--The proposal shall--
       (A) recommend capabilities for the accelerator and for each 
     major research or production effort;
       (B) include development of a comprehensive site plan 
     supporting those capabilities;
       (C) specify a detailed time line for construction and 
     operation of all activities;
       (D) identify opportunities for involvement of the private 
     sector in production and use of radioisotopes;
       (E) contain a recommendation for funding required to 
     accomplish the proposal in future fiscal years; and
       (F) identify required site characteristics.
       (3) Preliminary environmental impact assessment.--As part 
     of the process of identification of required site 
     characteristics, the Secretary shall undertake a preliminary 
     environmental impact assessment of a range of sites.
       (4) Submission to congress.--Not later than March 31, 2002, 
     the Secretary shall submit to the Committee on Energy and 
     Natural Resources and Committee on Appropriations of the 
     Senate and the Committee on Science and Committee on 
     Appropriations of the House of Representatives a report 
     describing the proposal.
       (f) Competition.--
       (1) In general.--The Secretary shall use the proposal to 
     conduct a nationwide competition among potential sites.
       (2) Report.--Not later than June 30, 2003, the Secretary 
     shall submit to the Committee on Energy and Natural Resources 
     and Committee on Appropriations of the Senate and the 
     Committee on Science and the Committee on Appropriations of 
     the House of Representatives a report that contains an 
     evaluation of competing proposals and a recommendation of a 
     final site and for funding requirements to proceed with 
     construction in future fiscal years.
       (g) Authorization of Appropriations.--
       (1) Proposal.--There is authorized to be appropriated for 
     development of the proposal $20,000,000 for each of fiscal 
     years 2002 and 2003.
       (2) Research, development, and demonstration activities.--
     There are authorized to be appropriated for research, 
     development, and demonstration activities of the program--
       (A) $120,000,000 for fiscal year 2002; and
       (B) such sums as are necessary for subsequent fiscal years.

             TITLE VI--NUCLEAR REGULATORY COMMISSION REFORM

     SEC. 601. DEFINITIONS.

       Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2014) is amended--
       (1) in subsection f., by striking ``Atomic Energy 
     Commission'' and inserting ``Nuclear Regulatory Commission'';
       (2) by redesignating subsection jj. as subsection ll.; and
       (3) by adding at the end the following:
       ``jj. Federal Nuclear Obligation.--The term `Federal 
     nuclear obligation' means--
       ``(1) a nuclear decommissioning obligation;
       ``(2) a fee required to be paid to the Federal Government 
     by a licensee for the storage, transportation, or disposal of 
     spent nuclear fuel and high-level radioactive waste, 
     including a fee required under the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10101 et seq.); and
       ``(3) an assessment by the Federal Government to fund the 
     cost of decontamination and decommissioning of uranium 
     enrichment facilities, including an assessment required under 
     chapter 28 of the Energy Policy Act of 1992 (42 U.S.C. 
     2297g).
       ``kk. Nuclear Decommissioning Obligation.--The term 
     `nuclear decommissioning obligation' means an expense 
     incurred to ensure the continued protection of the public 
     from the dangers of any residual radioactivity or other 
     hazards present at a facility at the time the facility is 
     decommissioned, including all costs of actions required under 
     rules, regulations and orders of the Commission for--
       ``(1) entombing, dismantling and decommissioning a 
     facility; and
       ``(2) administrative, preparatory, security and radiation 
     monitoring expenses associated with entombing, dismantling, 
     and decommissioning a facility.''.

     SEC. 602. OFFICE LOCATION.

       Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2033) is amended by striking ``; however, the Commission 
     shall maintain an office for the service of process and 
     papers within the District of Columbia''.

     SEC. 603. LICENSE PERIOD.

       Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2133(c)) is amended--

[[Page S11624]]

       (1) by striking ``c. Each such'' and inserting the 
     following:
       ``c. License Period.--
       ``(1) In general.--Each such''; and
       (2) by adding at the end the following:
       ``(2) Combined licenses.--In the case of a combined 
     construction and operating license issued under section 
     185(b), the initial duration of the license may not exceed 40 
     years from the date on which the Commission finds, before 
     operation of the facility, that the acceptance criteria 
     required by section 185(b) are met.''.

     SEC. 604. ELIMINATION OF FOREIGN OWNERSHIP RESTRICTIONS.

       (a) Commercial Licenses.--Section 103d. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2133(d)) is amended by striking 
     the second sentence.
       (b) Medical Therapy and Research and Development.--Section 
     104d. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(d)) is 
     amended by striking the second sentence.

     SEC. 605. ELIMINATION OF DUPLICATIVE ANTITRUST REVIEW.

       Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2135) is amended by striking subsection c. and inserting the 
     following:
       ``c. Conditions.--
       ``(1) In general.--A condition for a grant of a license 
     imposed by the Commission under this section in effect on the 
     date of enactment of the Nuclear Assets Restructuring Reform 
     Act of 2001 shall remain in effect until the condition is 
     modified or removed by the Commission.
       ``(2) Modification.--If a person that is licensed to 
     construct or operate a utilization or production facility 
     applies for reconsideration under this section of a condition 
     imposed in the person's license, the Commission shall conduct 
     a proceeding, on an expedited basis, to determine whether the 
     license condition--
       ``(A) is necessary to ensure compliance with section 105a.; 
     or
       ``(B) should be modified or removed.''.

     SEC. 606. GIFT ACCEPTANCE AUTHORITY.

       (a) In General.--Section 161g. of the Atomic Energy Act of 
     1954 (42 U.S.C. 2201(g)) is amended--
       (1) by inserting ``(1)'' after ``(g)'';
       (2) by striking ``this Act;'' and inserting ``this Act; 
     or''; and
       (3) by adding at the end the following:
       ``(2) accept, hold, utilize, and administer gifts of real 
     and personal property (not including money) for the purpose 
     of aiding or facilitating the work of the Commission.''.
       (b) Criteria for Acceptance of Gifts.--
       (1) In general.--Chapter 14 of title I of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS.

       ``(a) In General.--The Commission shall establish written 
     criteria for determining whether to accept gifts under 
     section 161g.(2).
       ``(b) Considerations.--The criteria under subsection (a) 
     shall take into consideration whether the acceptance of a 
     gift would compromise the integrity of, or the appearance of 
     the integrity of, the Commission or any officer or employee 
     of the Commission.''.
       (2) Conforming amendment.--The table of contents of the 
     Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended 
     by adding at the end of the items relating to chapter 14 the 
     following:

``Sec. 170C. Criteria for acceptance of gifts.''.

     SEC. 607. AUTHORITY OVER FORMER LICENSEES FOR DECOMMISSIONING 
                   FUNDING.

       Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2201(i)) is amended--
       (1) by striking ``and (3)'' and inserting ``(3)''; and
       (2) by inserting before the semicolon at the end the 
     following: ``, and (4) to ensure that sufficient funds will 
     be available for the decommissioning of any production or 
     utilization facility licensed under section 103 or 104b., 
     including standards and restrictions governing the control, 
     maintenance, use, and disbursement by any former licensee 
     under this Act that has control over any fund for the 
     decommissioning of the facility''.

     SEC. 608. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.

       (a) In General.--Chapter 14 of title I of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2201 et seq.) (as amended by section 
     606(b)) is amended--
       (1) in section 161, by striking subsection k. and inserting 
     the following:
       ``k. authorize to carry a firearm in the performance of 
     official duties such of its members, officers, and employees, 
     such of the employees of its contractors and subcontractors 
     (at any tier) engaged in the protection of property under the 
     jurisdiction of the United States located at facilities owned 
     by or contracted to the United States or being transported to 
     or from such facilities, and such of the employees of persons 
     licensed or certified by the Commission (including employees 
     of contractors of licensees or certificate holders) engaged 
     in the protection of facilities owned or operated by a 
     Commission licensee or certificate holder that are designated 
     by the Commission or in the protection of property of 
     significance to the common defense and security located at 
     facilities owned or operated by a Commission licensee or 
     certificate holder or being transported to or from such 
     facilities, as the Commission considers necessary in the 
     interest of the common defense and security;'' and
       (2) by adding at the end the following:

     ``SEC. 170D. CARRYING OF FIREARMS.

       ``(a) Authority To Make Arrest.--
       ``(1) In general.--A person authorized under section 161k. 
     to carry a firearm may, while in the performance of, and in 
     connection with, official duties, arrest an individual 
     without a warrant for any offense against the United States 
     committed in the presence of the person or for any felony 
     under the laws of the United States if the person has a 
     reasonable ground to believe that the individual has 
     committed or is committing such a felony.
       ``(2) Limitation.--An employee of a contractor or 
     subcontractor or of a Commission licensee or certificate 
     holder (or a contractor of a licensee or certificate holder) 
     authorized to make an arrest under paragraph (1) may make an 
     arrest only--
       ``(A) when the individual is within, or is in flight 
     directly from, the area in which the offense was committed; 
     and
       ``(B) in the enforcement of--
       ``(i) a law regarding the property of the United States in 
     the custody of the Department of Energy, the Commission, or a 
     contractor of the Department of Energy or Commission or a 
     licensee or certificate holder of the Commission;
       ``(ii) a law applicable to facilities owned or operated by 
     a Commission licensee or certificate holder that are 
     designated by the Commission under section 161k.;
       ``(iii) a law applicable to property of significance to the 
     common defense and security that is in the custody of a 
     licensee or certificate holder or a contractor of a licensee 
     or certificate holder of the Commission; or
       ``(iv) any provision of this Act that subjects an offender 
     to a fine, imprisonment, or both.
       ``(3) Other authority.--The arrest authority conferred by 
     this section is in addition to any arrest authority under 
     other law.
       ``(4) Guidelines.--The Secretary and the Commission, with 
     the approval of the Attorney General, shall issue guidelines 
     to implement section 161k. and this subsection.''.
       (b) Conforming Amendment.--The table of contents of the 
     Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) (as amended 
     by section 7(b)(2)) is amended by adding at the end of the 
     items relating to chapter 14 the following:

``Sec. 170D. Carrying of firearms.''.

     SEC. 609. COST RECOVERY FROM GOVERNMENT AGENCIES.

       Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2201(w)) is amended--
       (1) by striking ``, or which operates any facility 
     regulated or certified under section 1701 or 1702,'';
       (2) by striking ``483a of title 31 of the United States 
     Code'' and inserting ``9701 of title 31, United States 
     Code,''; and
       (3) by inserting before the period at the end the 
     following: ``, and, commencing October 1, 2002, prescribe and 
     collect from any other Government agency any fee, charge, or 
     price that the Commission may require in accordance with 
     section 9701 of title 31, United States Code, or any other 
     law''.

     SEC. 610. HEARING PROCEDURES.

       Section 189a.(1) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2239(a)(1)) is amended by adding at the end the 
     following:
       ``(C) Hearings.--A hearing under this section shall be 
     conducted using informal adjudicatory procedures established 
     under sections 553 and 555 of title 5, United States Code, 
     unless the Commission determines that formal adjudicatory 
     procedures are necessary--
       ``(i) to develop a sufficient record; or
       ``(ii) to achieve fairness.''.

     SEC. 611. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

       Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2278a(a)) is amended in the first sentence by inserting ``or 
     subject to the licensing authority of the Commission or to 
     certification by the Commission under this Act or any other 
     Act'' before the period at the end.

     SEC. 612. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

       Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2284(a)) is amended--
       (1) in paragraph (2), by striking ``storage facility'' and 
     inserting ``storage, treatment, or disposal facility'';
       (2) in paragraph (3)--
       (A) by striking ``such a utilization facility'' and 
     inserting ``a utilization facility licensed under this Act''; 
     and
       (B) by striking ``or'' at the end;
       (3) in paragraph (4)--
       (A) by striking ``facility licensed'' and inserting ``or 
     nuclear fuel fabrication facility licensed or certified''; 
     and
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (4) by adding at the end the following:
       ``(5) any production, utilization, waste storage, waste 
     treatment, waste disposal, uranium enrichment, or nuclear 
     fuel fabrication facility subject to licensing or 
     certification under this Act during construction of the 
     facility, if the person knows or reasonably should know that 
     there is a significant possibility that the destruction or 
     damage caused or attempted to be caused could adversely 
     affect public health and safety during the operation of the 
     facility;''.

     SEC. 613. NUCLEAR DECOMMISSIONING OBLIGATIONS OF 
                   NONLICENSEES.

       (a) In General.--The Atomic Energy Act of 1954 is amended 
     by inserting after section 241 (42 U.S.C. 2015) the 
     following:

[[Page S11625]]

     ``SEC. 242. NUCLEAR DECOMMISSIONING OBLIGATIONS OF 
                   NONLICENSEES.

       ``(a) Definition of Facility.--In this section, the term 
     `facility' means a commercial nuclear electric generating 
     facility for which a Federal nuclear obligation is incurred.
       ``(b) Decommissioning Obligations.--After public notice and 
     in accordance with section 181, the Commission shall 
     establish by rule, regulation, or order any requirement that 
     the Commission considers necessary to ensure that a person 
     that is not a licensee (including a former licensee) complies 
     fully with any nuclear decommissioning obligation.''.
       (b) Conforming Amendment.--The table of contents of the 
     Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended 
     by inserting after the item relating to section 241 the 
     following:

``Sec. 242. Nuclear decommissioning obligations of nonlicensees.''.

     SEC. 614. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     title and the amendments made by this title take effect on 
     the date of enactment of this Act.
       (b) Recommissioning and License Removal.--The amendment 
     made by section 613 takes effect on the date that is 180 days 
     after the date of enactment of this Act.
                                 ______
                                 
      By Mr. HOLLINGS:
  S. 1668. A bill to amend the Communications Act of 1934 to strengthen 
the limitations on the holding of any license permit, operating 
authority by a foreign government or any entity controlled by a foreign 
government; to the Committee on Commerce, Science, and Transportation.
  Mr. HOLLINGS. Madam President, today I reintroduce legislation to 
clarify rules governing the takeover of U.S. Telecommunications 
providers by companies owned by foreign governments. The original rules 
in this area were established by statute in the 1930s, and while the 
law has not changed, the FCC's interpretations of this statute has.
  Today's legislation is almost identical to the legislation that I 
introduced last year on this topic. I am pleased to announce that this 
year I am joined in the effort by the Chairman of the House Energy and 
Commerce Committee, Billy Tauzin.
  In the intervening year the FCC has approved several transactions 
involving foreign governments. I am disappointed by these actions and 
believe that they involve a misreading of the current statute.
  The legislation I introduce today will bar outright the transfer or 
issuance of telecommunications licenses to providers who are more than 
25 percent owned by a foreign government. It would also bar the 
transfer of such licenses to companies controlled by a foreign 
government.
  My reasons for introducing this legislation have not changed from 
last year. Nevertheless the events of the past year confirm more than 
ever my conviction that foreign governments should not be permitted to 
own U.S. telecommunications licenses.
                                 ______
                                 
      By Mr. HOLLINGS (for himself and Mr. McCain) (by request):
  S. 1669. A bill to authorize appropriations for hazardous material 
transportation safety, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. HOLLINGS. Madam President, as a courtesy to President Bush and 
Secretary of Transportation Mineta, I am today introducing their 
proposed legislation to reauthorize hazardous materials programs.
  While I appreciate the Administration's willingness to offer a 
reauthorization plan, I disagree strongly with several of its 
provisions. I plan to work with other members of the Commerce Committee 
to write and introduce legislation to reauthorize the Hazardous 
Materials Transportation Act later this Congress.
  Every year, our Nation transports 4 billion tons of hazardous 
materials via 800,000 shipments. In 2000, there were 17,347 hazardous 
materials incidents related to transportation in the United States: 
1,419 via air transportation, 14,861 via highway transportation, 1,052 
via railway transportation, and 15 via water transportation. These 
incidents are mostly minor releases of chemicals; 244 incidents caused 
injuries, and there were 13 deaths, 12 deaths via highway 
transportation, and 1 death via railway transportation. Of course, one 
death is too many. That is why we must recommit ourselves to the 
protection of the brave workers who take on the risks of transporting 
these dangerous materials and the communities in which these products 
are produced and through which they are moved.
  I am concerned about several provisions of the administration plan, 
including one that would effectively eliminate the authority of the 
Occupational Safety and Health Administration, OSHA, to protect workers 
that handle and transport hazardous materials. It is important that 
workers are protected and appropriate standards for the handling of 
hazardous materials are established, including rules for personal 
protective equipment and the monitoring of exposure levels and medical 
conditions. Protecting the people that handle and transport these 
hazardous materials must remain paramount.
  The proposed legislation also increases from 2 to 4 years the time 
between reviews for exemptions from hazardous materials regulations. In 
our current security environment, creating more exemptions from 
hazardous materials regulations may not be the most prudent course of 
action. We also must maintain funding for non-profit organizations to 
train workers in the handling of hazardous materials.
  On another matter, the Administration plan also would repeal some of 
the requirements Congress has placed on the Department of 
Transportation in managing these hazardous materials programs. I would 
caution the Transportation Department not to seek repeal of the 
requirements and actions that we in Congress have requested of them. We 
mandated those actions for a reason, and we expect that they will be 
carried out.
  As I work with my colleagues to write a hazardous materials 
reauthorization bill, we will take into account the recently exposed 
vulnerabilities of hazardous materials to terrorist attacks. The 1,000 
pages of Federal Hazardous Materials Transportation Regulations were 
designed primarily to promote safety during transportation, not to 
ensure security and reduce risks from terrorist attacks. Unattended 
parked vehicles and routing are just two examples of the security 
concerns associated with the transportation of hazardous materials. We 
are considering a range of options to address these security threats. 
We also must increase funding for training local emergency response 
units to handle hazardous materials accidents.
  While we may disagree over how to approach some of these hazardous 
materials issues, I thank the administration for offering their 
proposal. I look forward to working with them in the coming months to 
make the transportation of hazardous materials a safe endeavor for both 
hazardous materials workers and the public.
  I ask unanimous consent that the text of the administration's bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1669

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES 
                   CODE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Hazardous 
     Material Transportation Safety Reauthorization Act of 2001''.
       (b) Amendment of Title 49, United States Code.--Except as 
     otherwise expressly provided, whenever in this Act an 
     amendment or repeal is expressed in terms of an amendment to, 
     or a repeal of, a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of title 49, United States Code.
       (c) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; amendment of title 49, United States Code; table 
              of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
Sec. 4. General regulatory authority.
Sec. 5. Representation and tampering.
Sec. 6. Highly radioactive material.
Sec. 7. Handling criteria.
Sec. 8. Hazmat employee training requirements and grants.
Sec. 9. Registration.
Sec. 10. Motor carrier safety.
Sec. 11. Shipping paper retention.
Sec. 12. Rail tank cars.
Sec. 13. Unsatisfactory safety rating.
Sec. 14. Public sector training curriculum.
Sec. 15. Planning and training grants.
Sec. 16. Special permits and exclusions.
Sec. 17. Inspectors.
Sec. 18. Uniform forms and procedures.
Sec. 19. Administrative.
Sec. 20. Enforcement.
Sec. 21. Penalties.

[[Page S11626]]

Sec. 22. Preemption.
Sec. 23. Relationship to other laws.
Sec. 24. Judicial review.
Sec. 25. Authorization of appropriations.
Sec. 26. Postal service civil penalty authority.

     SEC. 2. PURPOSE.

       Section 5101 is revised to read as follows:

     ``Sec.  5101.  Purpose

       ``The purpose of this chapter is to protect against the 
     risks to life, property, and the environment that are 
     inherent in the transportation of hazardous material in 
     intrastate, interstate, and foreign commerce.''.

     SEC. 3. DEFINITIONS.

       Section 5102 is amended--
       (1) by revising paragraph (1) to read as follows:
       ``(1) `commerce' means trade or transportation in the 
     jurisdiction of the United States--
       ``(A) between a place in a State and a place outside of the 
     State;
       ``(B) that affects trade or transportation between a place 
     in a State and a place outside of the State; or
       ``(C) on a United States-registered aircraft.'';
       (2) by revising paragraphs (3) and (4) to read as follows:
       ``(3) `hazmat employee' means an individual who--
       ``(A)(i) is employed or used by a hazmat employer; or
       ``(ii) is self-employed, including an owner-operator of a 
     motor vehicle, vessel, or aircraft transporting hazardous 
     material in commerce; and
       ``(B) performs a function regulated by the Secretary under 
     section 5103(b)(1) of this chapter.
       ``(4) `hazmat employer' means a person that--
       ``(A)(i) has a least one hazmat employee; or
       ``(ii) is self-employed, including an owner-operator of a 
     motor vehicle, vessel, or aircraft transporting hazardous 
     material in commerce; and
       ``(B) performs, or employs or uses at least one hazmat 
     employee to perform, a function regulated by the Secretary 
     under section 5103(b)(1) of this chapter.'';
       (3) in paragraph (5), by striking ``condition that 
     presents'' and inserting ``condition related to a hazardous 
     material that presents'';
       (4) in paragraph (7), by striking ``title'' and inserting 
     ``title, except a freight forwarder is included only if 
     performing a function related to highway transportation'';
       (5) in paragraph (8), by striking ``national response 
     team'' each place it appears and inserting ``National 
     Response Team,'' and by striking ``national contingency 
     plan'' and inserting ``National Contingency Plan''; and
       (6) in paragraph (9), by revising subparagraph (A) to read 
     as follows:
       ``(A) includes a government, Indian tribe, or authority of 
     a government or tribe offering hazardous material for 
     transportation in commerce, transporting hazardous material 
     to further a commercial enterprise, or manufacturing, 
     designing, inspecting, testing, reconditioning, marking, or 
     repairing a packaging or packaging component represented as 
     qualified for use in transporting hazardous material in 
     commerce; but''.

     SEC. 4. GENERAL REGULATORY AUTHORITY.

       Section 5103 is amended--
       (1) by revising subsection (a) to read as follows:
       ``(a) Designiating Material as Hazardous.--The Secretary of 
     Transportation shall designate material (including an 
     explosive; radioactive material; infectious substance; 
     flammable or combustible liquid, solid or gas; toxic, 
     oxidizing or corrosive material; and compressed gas) or a 
     group or class of material as hazardous when the Secretary 
     determines that transporting the material in commerce in a 
     particular amount and form may pose an unreasonable risk to 
     health and safety or property.''; and
       (2) in subsection (b)(1), by revising subparagraph (A) to 
     read as follows:
       ``(A) apply to a person that--
       ``(i) transports a hazardous material in commerce;
       ``(ii) causes a hazardous material to be transported in 
     commerce;
       ``(iii) manufactures, designs, inspects, tests, 
     reconditions, marks, or repairs a packaging or packaging 
     component represented as qualified for use in transporting 
     hazardous material in commerce;
       ``(iv) prepares, accepts, or rejects hazardous material for 
     transportation in commerce;
       ``(v) is responsible for the safety of transporting 
     hazardous material in commerce;
       ``(vi) certifies compliance with any requirement issued 
     under this chapter; or
       ``(vii) misrepresents whether it is engaged in any of the 
     above activities; and''.

     SEC. 5. REPRESENTATION AND TAMPERING.

       Section 5104 is amended--
       (1) in subsection (a), by striking ``A person'' and 
     inserting ``No person'';
       (2) by revising subsection (a)(1) to read as follows:
       ``(1) a package, component of a package, or packaging for 
     transporting hazardous material is safe, certified, or 
     complies with this chapter if it does not conform to each 
     applicable regulation prescribed under this chapter; or'';
       (3) in paragraph (a)(2), by striking ``only if'' and 
     inserting ``unless''; and
       (4) by revising subsection (b) to read as follows:
       ``(b) Tampering.--No person may, without authorization from 
     the owner or custodian, alter, remove, destroy, or tamper 
     with--
       ``(1) a marking, label, placard, or description on a 
     document required under this chapter or a regulation 
     prescribed under this chapter; or
       ``(2) a package, container, motor vehicle, rail freight 
     car, aircraft, or vessel used to transport hazardous 
     material.''.

     SEC. 6. HIGHLY RADIOACTIVE MATERIAL.

       Section 5105 is amended by striking subsections (d) and 
     (e).

     SEC. 7. HANDLING CRITERIA.

       Chapter 51 is amended by striking section 5106 and striking 
     the corresponding item in the analysis of chapter 51.

     SEC. 8. HAZMAT EMPLOYEE TRAINING REQUIREMENTS AND GRANTS.

       (a) Section 5107 is amended by--
       (1) striking ``or duplicate'' in subsection (d);
       (2) striking ``section 5127(c)(3)'' in subsection (e) and 
     inserting ``section 5128''; and
       (3) striking ``and sections 5106, 5108(a)-(g)(1) and (h), 
     and 5109 of this title'' in subsection (f)(2).
       (b) Notwithstanding section 4(b)(1) of the Occupational 
     Safety and Health Act of 1970 (29 U.S.C. 653(b)(1), an action 
     of the Secretary of Transportation under chapter 51 of title 
     49, United States Code, does not preclude the Secretary of 
     Labor from prescribing or enforcing standards, regulations or 
     requirements regarding --
       (1) hazardous materials employee training, or
       (2) the occupational safety or health protection of 
     employees responding to a release of hazardous materials.

     SEC. 9. REGISTRATION.

       Section 5108 is amended--
       (1) by striking ``class A or B explosive'' in subsection 
     (a)(1)(B) and inserting ``Division 1.1, 1.2, or 1.3 explosive 
     material'';
       (2) by revising subsection (a)(2)(B) to read as follows:
       ``(B) a person manufacturing, designing, inspecting, 
     testing, reconditioning, marking, or repairing a packaging or 
     packaging component represented as qualified for use in 
     transporting a hazardous material in commerce.'';
       (3) by revising subsection (b)(1)(C) to read as follows:
       ``(C) each State in which the person carries out any of the 
     activities.'';
       (4) by revising subsection (c) to read as follows:
       ``(c) Filing Schedule.--Each person required to file a 
     registration statement under subsection (a) of this section 
     shall file that statement in accordance with regulations 
     issued by the Secretary.'';
       (5) in subsection (g)(1), by striking ``may'' and inserting 
     ``shall''; and
       (6) in subsection (i)(2)(B), by striking ``State,'' and 
     inserting ``State, Indian tribe,''.

     SEC. 10. MOTOR CARRIER SAFETY.

       Chapter 51 is amended by striking section 5109 and striking 
     the corresponding item in the analysis of chapter 51.

     SEC. 11. SHIPPING PAPER RETENTION.

       Section 5110 is amended --
       (1) in subsection (a), by striking ``under subsection (b) 
     of this section'' and inserting ``by regulation'';
       (2) by striking subsection (b) and redesignating 
     subsections (c) through (e) as subsections (b) through (d); 
     and
       (3) by revising the first sentence in subsection (d), as 
     redesignated, to read as follows: ``The person that provided 
     the shipping paper and the carrier required to keep it under 
     this section shall retain the paper, or an electronic image 
     of it, for a period of 3 years after the shipping paper was 
     provided to the carrier, to be accessible through their 
     respective principal places of business.''.

     SEC. 12. RAIL TANK CARS.

       Chapter 51 is amended by striking section 5111 and by 
     striking the corresponding item in the analysis of chapter 
     51.

     SEC. 13. UNSATISFACTORY SAFETY RATING.

       (a) Section 5113 is amended by adding at the end the 
     following:
       ``(e) Penalty for Violation.--A violation of section 
     31144(c)(3) of this title shall be considered a violation of 
     this chapter and shall be subject to the penalties in 
     sections 5123 and 5124 of this chapter.''.
       (b) Section 31144(c) is amended--
       (1) in paragraph (1), by striking ``sections 521(b)(5)(A) 
     and 5113'' and inserting ``section 521(b)(5)(A)''; and
       (2) in paragraph (3), by striking ``interstate commerce'' 
     and inserting ``commerce''; and
       (3) by adding at the end of paragraph (3) the following: 
     ``A violation of this paragraph by an owner or operator 
     transporting hazardous material shall be considered a 
     violation of chapter 51 of this title, and shall be subject 
     to the penalties in sections 5123 and 5124 of this 
     chapter.''.
       (c) Section 31144 is amended by striking the subsection 
     designation ``(c)'' at the beginning of the last subsection 
     and inserting ``(f)''.

     SEC. 14. PUBLIC SECTOR TRAINING CURRICULUM.

       Section 5115 is amended--
       (1) in subsection (a), by--
       (A) striking ``Development and Updating.--Not later than 
     November 16, 1992, in'' and inserting ``General.--In'';
       (B) striking ``national response team'' and inserting 
     ``National Response Team'' in the first sentence;
       (C) striking ``develop and update periodically a'' in the 
     first sentence and inserting ``maintain a current''; and

[[Page S11627]]

       (D) striking the second sentence;
       (2) in subsection (b), by--
       (A) striking ``developed'' and inserting ``maintained'' in 
     the first sentence; and
       (B) in paragraph (1)(C), by striking ``under other United 
     States Government grant programs, including those developed 
     with grants made under section 126(g) of the Superfund 
     Amendments and Reauthorization Act of 1986 (42 U.S.C. 
     9660a)'' and inserting ``with Federal financial assistance'';
       (3) in subsection (c)(3), by striking ``the National Fire 
     Protection Association'' and inserting ``the National Fire 
     Protection Association and such other voluntary consensus 
     standard-setting organizations as the Secretary deems 
     appropriate''; and
       (4) by revising subsection (d) to read as follows:
       ``(d) Distribution and Publication.--With the National 
     Response Team, the Secretary of Transportation may publish 
     and distribute a list of courses developed under this section 
     and of programs using any of those courses.''.

     SEC. 15. PLANNING AND TRAINING GRANTS.

       (a) Section 5116 is amended--
       (1) in the second sentence of subsection (e), by striking 
     ``of the State or tribe under subsections (a)(2)(A) and 
     (b)(2)(A)'' and inserting ``received by the State or tribe 
     under subsections (a)(1) and (b)(1)'';
       (2) revising subsection (f) to read as follows:
       ``(f) Monitoring and Technical Assistance.--The Secretary 
     of Transportation shall monitor public-sector emergency 
     response planning and training for an accident or incident 
     involving hazardous material. Considering the results of the 
     monitoring, the Secretary shall provide technical assistance 
     to a State, political subdivision of a State, or Indian tribe 
     for carrying out emergency response training and planning for 
     an accident or incident involving hazardous material and 
     shall coordinate the assistance using the existing 
     coordinating mechanisms of the National Response Team and, 
     for radioactive material, the Federal Radiological 
     Preparedness Coordinating Committee.'';
       (3) in subsection (g), by striking ``Government grant'' and 
     inserting ``Federal financial assistance'';
       (4) by revising subsection (i) to read as follows:
       ``(i) Emergency Preparedness Fund.--The Secretary of the 
     Treasury shall establish an Emergency Preparedness Fund 
     account in the Treasury into which the Secretary of the 
     Treasury shall deposit amounts the Secretary of 
     Transportation transfers to the Secretary of the Treasury 
     under section 5108(g)(2)(C) of this title. Without further 
     appropriation, amounts in the account are available--
       ``(1) to make grants under this section;
       ``(2) to monitor and provide technical assistance under 
     subsection (f) of this section;
       ``(3) to publish and distribute the Emergency Response 
     Guidebook; and
       ``(4) to pay administrative costs of carrying out this 
     section and sections 5108(g)(2) and 5115 of this title, 
     except that not more than 10 percent of the amounts made 
     available from the account in a fiscal year to carry out 
     these sections may be used to pay those costs.''; and
       (5) by striking subsection (k).
       (b) Chapter 51 is amended by--
       (1) revising the section heading for section 5116 to read 
     ``Planning and training grants; emergency preparedness 
     fund''; and
       (2) striking the item for section 5116 in the analysis of 
     the chapter and inserting ``5116. Planning and training 
     grants; emergency preparedness fund.''.

     SEC. 16. SPECIAL PERMITS AND EXCLUSIONS.

       (a) Section 5117 is amended--
       (1) by revising the section heading to read as follows:

     ``Sec.  5117.  Special permits and exclusions'' ;
       (2) by striking ``exemption'' and ``an exemption'' each 
     place they appear and inserting, respectively, ``special 
     permit'' and ``a special permit'';
       (3) in subsection (a)(1), as revised by Section 16(a)(2) of 
     this Act, by striking ``issue a special permit'' and 
     inserting ``issue, modify, or terminate a special permit 
     authorizing variances'', and by striking ``transporting, or 
     causing to be transported, hazardous material'' and inserting 
     ``performing a function regulated by the Secretary under 
     section 5103(b)(1) of this title''; and
       (4) in subsection (a)(2), by striking ``2'' and inserting 
     ``4''.
       (b) The chapter analysis for chapter 51 is amended by 
     striking the item related to section 5117 and inserting the 
     following:

``5117. Special permits and exclusions.''.

     SEC. 17. INSPECTORS.

       Chapter 51 is amended by striking section 5118 and striking 
     the corresponding item in the analysis of chapter 51.

     SEC. 18. UNIFORM FORMS AND PROCEDURES.

       Section 5119 is revised to read as follows:

     ``Sec.  5119.  Uniform forms and procedures

       ``(a) Regulations.--(1) The Secretary of Transportation may 
     prescribe regulations to establish uniform forms and 
     procedures for a State--
       ``(A) to register and issue permits to persons that 
     transport or cause to be transported hazardous material by 
     motor vehicle in the State; and
       ``(B) to allow the transportation of hazardous material in 
     the State.
       ``(2) A regulation prescribed under this section may not 
     define or limit the amount of a fee a State may impose or 
     collect.
       ``(b) Effective Date.--A regulation prescribed under this 
     section takes effect one year after it is prescribed. The 
     Secretary may extend the one-year period for an additional 
     year for good cause. After a regulation is effective, a State 
     may establish, maintain, or enforce a requirement related to 
     the same subject matter only if the requirement is the same 
     as the regulation.
       ``(c) Uniformity.--The Secretary shall develop a procedure 
     to eliminate differences in how States carry out a regulation 
     prescribed under this section.
       ``(d) Interim State Programs.--Pending promulgation of 
     regulations under this section, States may participate in a 
     program of uniform forms and procedures recommended by the 
     Alliance for Uniform Hazmat Transportation Procedures.''.

     SEC. 19. ADMINISTRATIVE.

       Section 5121 is revised to read as follows:

     ``Sec.  Sec. 5121.  Administrative

       ``(a) General Authority.--To carry out this chapter, the 
     Secretary of Transportation may investigate, conduct tests, 
     make reports, issue subpoenas, conduct hearings, require the 
     production of records and property, take depositions, and 
     conduct research, development, demonstration, and training 
     activities. Except as provided in subsections (c) and (d) of 
     this section, the Secretary shall provide notice and an 
     opportunity for a hearing prior to issuing an order directing 
     compliance with this chapter or a regulation, order, special 
     permit, or approval issued under this chapter.
       ``(b) Records, Reports, Property, and Information.--A 
     person subject to this chapter shall--
       ``(1) maintain records, make reports, and provide property 
     and information that the Secretary by regulation or order 
     requires; and
       ``(2) make the records, reports, property, and information 
     available for inspection when the Secretary undertakes an 
     investigation.
       ``(c) Inspections and Investigations.--(1) A designated 
     officer or employee of the Secretary may--
       ``(A) inspect and investigate, at a reasonable time and in 
     a reasonable way, records and property related to a function 
     described in section 5103(b)(1) of this chapter;
       ``(B) except for the packaging immediately adjacent to its 
     hazardous material contents, gain access to, open, and 
     examine a package offered for, or in, transportation when the 
     officer or employee has an objectively reasonable and 
     articulable belief that the package may contain a hazardous 
     material;
       ``(C) remove from transportation a package or related 
     packages in a shipment offered for or in transportation, and 
     for which such officer or employee has an objectively 
     reasonable and articulable belief that the package or 
     packages may pose an imminent hazard, and for which the 
     officer or employee contemporaneously documents that belief 
     in accordance with procedures adopted under subsection (e) of 
     this section;
       ``(D) gather information from the offeror, carrier, 
     packaging manufacturer or retester, or other person 
     responsible for the package or packages, to ascertain the 
     nature and hazards of the contents of the package or 
     packages;
       ``(E) as necessary, under terms and conditions specified by 
     the Secretary, order the offeror, carrier, packaging 
     manufacturer or retester, or other person responsible for the 
     package or packages to have the package or packages 
     transported to, opened and the contents examined and analyzed 
     at a facility appropriate for the conduct of this activity; 
     and
       ``(F) when safety might otherwise be compromised, authorize 
     properly qualified personnel to assist in the activities 
     conducted under this subsection.
       ``(2) An officer or employee acting under this subsection 
     shall display proper credentials when requested.
       ``(3) For instances when, as a result of the inspection or 
     investigation, an imminent hazard is not found to exist, the 
     Secretary shall develop procedures to assist in the safe 
     resumption of transportation of the package or transport 
     unit.
       ``(d) Emergency Orders.--(1) If, upon inspection, 
     investigation, testing, or research, the Secretary determines 
     that either a violation of a provision of this chapter or a 
     regulation issued under this chapter, or an unsafe condition 
     or practice, constitutes or is causing an imminent hazard, 
     the Secretary may issue or impose emergency restrictions, 
     prohibitions, recalls, or out-of-service orders, without 
     notice or the opportunity for a hearing, but only to the 
     extent necessary to abate the imminent hazard.
       ``(2) The Secretary's action under paragraph (1) of this 
     subsection shall be in a written order describing the 
     violation, condition or practice that is causing the imminent 
     hazard, and stating the restrictions, prohibitions, recalls, 
     or out-of-service orders issued or imposed. The order also 
     shall describe the standards and procedures for obtaining 
     relief from the emergency order.
       ``(3) After taking action under paragraph (1) of this 
     subsection, the Secretary shall provide an opportunity for 
     review of that action under section 554 of title 5, if a 
     petition for review is filed within 20 calendar days after 
     issuance of the order.
       ``(4) If a petition for review is filed and the review is 
     not completed by the end of the 30-day period beginning on 
     the date the petition

[[Page S11628]]

     was filed, the action will cease to be effective at the end 
     of that period unless the Secretary determines in writing 
     that the emergency situation still exists.
       ``(5) For purposes of this subsection, `out-of-service 
     order' means a mandate that an aircraft, vessel, motor 
     vehicle, train, railcar, locomotive, other vehicle, transport 
     unit, transport vehicle, freight container, portable tank, or 
     other package not be moved until specified conditions have 
     been met.
       ``(e) Regulations.--The Secretary shall issue regulations 
     in accordance with section 553 of title 5, including an 
     opportunity for informal oral presentation, to implement the 
     authority in subsections (c) and (d) of this section.
       ``(f) Facility, Staff, and Reporting System on Risks, 
     Emergencies, and Actions.--(1) The Secretary shall--
       ``(A) maintain a facility and technical staff sufficient to 
     provide, within the United States Government, the capability 
     of evaluating a risk related to the transportation of 
     hazardous material and material alleged to be hazardous;
       ``(B) maintain a central reporting system and information 
     center capable of providing information and advice to law 
     enforcement and firefighting personnel, other interested 
     individuals, and officers and employees of the United States 
     Government and State, local and tribal governments on meeting 
     an emergency related to the transportation of hazardous 
     material; and
       ``(C) conduct a continuous review on all aspects of 
     transporting hazardous material to decide on and take 
     appropriate actions to ensure safe transportation of 
     hazardous material.
       ``(2) Paragraph (1) of this subsection does not prevent the 
     Secretary from making a contract with a private entity for 
     use of a supplemental reporting system and information center 
     operated and maintained by the contractor.
       ``(g) Authority for Grants, Cooperative Agreements, and 
     Other Transactions.--To carry out this chapter, the Secretary 
     may enter into grants, cooperative agreements, and other 
     transactions with a person, agency or instrumentality of the 
     United States, a unit of State or local government, an Indian 
     tribe, a foreign government (in coordination with the 
     Department of State), an educational institution, or other 
     entity to further the objectives of this chapter. The 
     objectives of this chapter include the conduct of research, 
     development, demonstration, risk assessment, and emergency 
     response planning and training activities.''.

     SEC. 20. ENFORCEMENT.

       Section 5122 is amended--
       (1) in subsection (a), by revising the last sentence to 
     read as follows:
       ``The court may award appropriate relief, including a 
     temporary or permanent injunction, punitive damages, and 
     assessment of civil penalties considering the same penalty 
     amounts and factors as prescribed for the Secretary in an 
     administrative case under section 5123 of this chapter.''; 
     and
       (2) in subparagraph (b)(1)(B), by striking ``or ameliorate 
     the'' and inserting ``or mitigate the''.

     SEC. 21. PENALTIES.

       (a) Section 5123 is amended--
       (1) by revising subsection (a) to read as follows:
       ``(a) Penalty.--(1) A person that knowingly violates this 
     chapter, or a regulation, order, special permit, or approval 
     issued under this chapter, is liable to the United States 
     Government for a civil penalty of at least $250 but not more 
     than $100,000 for each violation.
       ``(2) Knowledge by the person of the existence of a 
     statutory provision, or a regulation or requirement 
     prescribed by the Secretary is not an element of an offense 
     under this section.
       ``(3) A separate violation occurs for each day the 
     violation, committed by a person that transports or causes to 
     be transported hazardous material, continues''; and
       (2) by redesignating subsections (b) through (g) as 
     subsections (c) through (h) and inserting a new subsection 
     (b) to read as follows:
       ``(b) Knowing Violations.--In this section, a person acts 
     knowingly when--
       ``(1) the person has actual knowledge of the facts giving 
     rise to the violation; or
       ``(2) a reasonable person acting in the circumstances and 
     exercising reasonable care would have that knowledge.'';
       (3) in subsection (c), as redesignated, by striking the 
     first sentence and inserting the following:
       ``The Secretary of Transportation may find that a person 
     has violated this chapter, or a regulation, order, special 
     permit or approval issued under this chapter, only after 
     notice and an opportunity for a hearing.'' ; and
       (4) by revising subsection (e), as redesignated, to read as 
     follows:
       ``(e) Civil Actions to Collect.--The Attorney General may 
     bring a civil action in an appropriate district court of the 
     United States to collect a civil penalty under this section 
     and any accrued interest on that penalty calculated in the 
     manner described under section 2705 of title 33. In such 
     action, the validity, amount, and appropriateness of the 
     civil penalty shall not be subject to review.''.
       (b) Section 5124 is revised to read as follows:

     ``Sec.  5124.  Criminal penalty

       ``(a) General.--A person knowingly violating section 
     5104(b) of this title or willfully violating this chapter or 
     a regulation, order, special permit, or approval issued under 
     this chapter, shall be fined under title 18, imprisoned for 
     not more than 5 years, or both.
       ``(b) Aggravated Violations.--A person knowingly violating 
     section 5104(b) of this chapter or willfully violating this 
     chapter or a regulation, order, special permit, or approval 
     issued under this chapter, and thereby causing the release of 
     a hazardous material, shall be fined under title 18, 
     imprisoned for not more than 20 years, or both.
       ``(c) Knowing Violations.--In this section, a person acts 
     knowingly when--
       ``(1) the person has actual knowledge of the facts giving 
     rise to the violation; or
       ``(2) a reasonable person acting in the circumstances and 
     exercising reasonable care would have that knowledge.
       ``(d) Willful Violations.--In this section, a person acts 
     willfully when the person acts with intent.
       ``(e) Knowledge of Requirements.--Knowledge by a person of 
     the existence of a statutory provision, or a regulation or 
     requirement prescribed by the Secretary, is not an element of 
     an offense under this section.''.
       (c) Section 46312 is amended--
       (1) in subsection (a), by striking ``under this part'' and 
     inserting ``under this part or under chapter 51 of this 
     title''; and
       (2) in subsection (b), by striking ``by the Secretary'' and 
     inserting ``by the Secretary under this part or under chapter 
     51 of this title''.

     SEC. 22. PREEMPTION.

       Section 5125 is amended--
       (1) by redesignating subsections (a), (b), and (c), as 
     subsections (b), (c), and (d), and adding a new subsection 
     (a) to read as follows:
       ``(a) Purposes.--The Secretary shall exercise the authority 
     in this section to achieve uniform regulation of hazardous 
     material transportation, eliminate inconsistent rules that 
     apply differently than rules issued under this chapter, and 
     promote the safe and efficient movement of hazardous material 
     in commerce.'';
       (2) in subsection (b), as redesignated, by--
       (A) striking ``General.--Except as provided in subsections 
     (b), (c), and (e)'' and inserting ``Dual Compliance and 
     Obstacle Tests.--Except as provided in subsections (c), (d), 
     and (g)''; and
       (B) in subparagraph (2), striking ``carrying out this 
     chapter or a regulation'' and inserting ``carrying out this 
     chapter, the purposes of this chapter, or a regulation'';
       (3) in subsection (c), by--
       (A) in subparagraph (1), striking ``(c)'' and inserting 
     ``(d)'';
       (B) revising subparagraph (1)(E) to read as follows:
       ``(E) the manufacturing, designing, inspecting, testing, 
     reconditioning, marking, or repairing of a packaging or 
     packaging component represented as qualified for use in 
     transporting hazardous material in commerce.''; and
       (C) in subparagraph (2), striking ``after November 16, 
     1990'';
       (4) by striking subsection (f) and redesignating 
     subsections (g), (d), and (e) as subsections (e), (f), and 
     (g);
       (5) in subsection (f), as redesignated, by striking 
     ``subsection (a), (b)(1), or (c) of this section'' and 
     inserting ``subsection (b), (c)(1), (d), or (e) of this 
     section or subsection 5119(b) of this chapter.'', and by 
     striking ``in the Federal Register'';
       (6) in subsection (g), as redesignated, by striking 
     ``subsection (a), (b)(1), or (c) of this section'' and 
     inserting ``subsection (b), (c)(1), (d), or (e) of this 
     section or subsection 5119(b) of this chapter.''; and
       (7) by adding new subsections (h) and (i) to read as 
     follows:
       ``(h) Independent Application of Each Standard.--Each 
     preemption standard in subsections (b), (c)(1), (d), and (e) 
     of this section and in section 5119(b) of this chapter is 
     independent in its application to a requirement of any State, 
     political subdivision of a State, or Indian tribe.
       ``(i) Nonfederal Enforcement Standards.--This section does 
     not apply to procedure, penalty, or required mental state or 
     other standard used by a State, political subdivision of a 
     State, or Indian tribe to enforce a requirement applicable to 
     transportation of a hazardous material.''.

     SEC. 23. RELATIONSHIP TO OTHER LAWS.

       Section 5126 is amended--
       (1) by revising subsection (a) to read as follows:
       ``(a) Contracts.--A person under contract with a 
     department, agency, or instrumentality of the United States 
     Government that transports hazardous material or causes 
     hazardous material to be transported, or manufactures, 
     designs, inspects, tests, reconditions, marks, or repairs a 
     packaging or packaging component represented as qualified for 
     use in transporting hazardous material in commerce shall 
     comply with this chapter, regulations prescribed and orders 
     issued under this chapter, and all other requirements of the 
     United States Government, State and local governments, and 
     Indian tribes (except a requirement preempted by a law of the 
     United States) in the same way and to the same extent that 
     any person engaging in that transportation, manufacturing, 
     designing, inspecting, testing, reconditioning, marking, or 
     repairing that is in or affects commerce must comply with the 
     provision, regulation, order, or requirement.''; and
       (2) in subsection (b), by--

[[Page S11629]]

       (A) striking ``title 18 or 39;'' and inserting ``title 18 
     or 39; or'' in paragraph (2); and
       (B) adding a new paragraph (3) to read as follows:
       ``(3) marine transportation of hazardous material subject 
     to regulation under title 33 or 46.''.

     SEC. 24. JUDICIAL REVIEW.

       (a) Chapter 51 is amended by redesignating section 5127 as 
     section 5128, and by inserting after section 5126 the 
     following new section:

     ``Sec.  5127.  Judicial review

       ``(a) Filing and Venue.--Except as provided in section 
     20114(c) of this title, a person suffering legal wrong or 
     adversely affected or aggrieved by a final action of the 
     Secretary of Transportation under this chapter may petition 
     for review of the final action in the United States Court of 
     Appeals for the District of Columbia or in the court of 
     appeals for the United States for the circuit in which the 
     person resides or has its principal place of business. The 
     petition must be filed not more than 60 days after the 
     Secretary's action becomes final.
       ``(b) Judicial Procedures.--When a petition is filed under 
     subsection (a) of this section, the clerk of the court 
     immediately shall send a copy of the petition to the 
     Secretary. The Secretary shall file with the court a record 
     of any proceeding in which the final action was issued, as 
     provided in section 2112 of title 28.
       ``(c) Authority of Court.--The court has exclusive 
     jurisdiction, as provided in the Administrative Procedure 
     Act, 5 U.S.C. 551 et seq., to affirm, amend, modify, or set 
     aside any part of the Secretary's final action and may order 
     the Secretary to conduct further proceedings. Findings of 
     fact by the Secretary, if supported by substantial evidence, 
     are conclusive.
       ``(d) Requirement for Prior Objection.--In reviewing a 
     final action under this section, the court may consider an 
     objection to a final action of the Secretary only if the 
     objection was made in the course of a proceeding or review 
     conducted by the Secretary or if there was a reasonable 
     ground for not making the objection in the proceeding.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     51 is amended by striking the item related to section 5127 
     and inserting the following:

``5127. Judicial review.
``5128. Authorization of appropriations.''.

     SEC. 25. AUTHORIZATION OF APPROPRIATIONS.

       Section 5128, as redesignated by section 24 of this Act, is 
     amended to read as follows:

     ``Sec.  5128.  Authorization of appropriations

       ``(a) General.--To carry out this chapter (except sections 
     5107(e), 5108(g), 5112, 5113, 5115, 5116, and 5119), not more 
     than $21,217,000 is authorized to be appropriated to the 
     Secretary of Transportation for fiscal year 2002; and such 
     sums as may be necessary are authorized to be appropriated to 
     the Secretary for fiscal years 2003 through 2007.
       ``(b) Emergency Preparedness Fund.--There shall be 
     available from the Emergency Preparedness Fund account the 
     following:
       ``(1) To carry out section 5116(j) of this title, $250,000 
     shall be available to the Secretary for fiscal year 2002, and 
     such amounts as may be necessary for fiscal years 2003 
     through 2007.
       ``(2) To carry out section 5115 of this title, $200,000 
     shall be available to the Secretary for fiscal year 2002, and 
     such amounts as may be necessary for fiscal years 2003 
     through 2007.
       ``(3) To carry out section 5116(a) of this title, 
     $5,000,000 shall be available to the Secretary for fiscal 
     year 2002, and such amounts as may be necessary for fiscal 
     years 2003 through 2007.
       ``(4) To carry out section 5116(b) of this title, 
     $7,800,000 shall be available to the Secretary for fiscal 
     year 2002, and such amounts as may be necessary for fiscal 
     years 2003 through 2007.
       ``(5) To carry out section 5116(f) of this title, $150,000 
     shall be available to the Secretary for fiscal year 2002, and 
     such amounts as may be necessary for fiscal years 2003 
     through 2007.
       ``(6) To publish and distribute the Emergency Response 
     Guidebook, $500,000 shall be available to the Secretary for 
     fiscal year 2002, and such amounts as may be necessary for 
     fiscal years 2003 through 2007.
       ``(7) To carry out section 5107(e) of this title, such 
     amounts as may be necessary are authorized to be appropriated 
     to the Secretary for each of fiscal years 2002 through 2007.
       ``(8) To carry out section 5116(i)(4) of this title, 
     $400,000 shall be available to the Secretary for fiscal year 
     2002, and such amounts as may be necessary for fiscal years 
     2003 through 2007.
       ``(c) Credits to Appropriations.--The Secretary of 
     Transportation may credit to any appropriation to carry out 
     this chapter an amount received from a State, Indian tribe, 
     or other public authority or private entity for expenses the 
     Secretary incurs in providing training to the State, 
     authority, or entity.
       ``(d) Availability of Amounts.--Amounts available under 
     this section remain available until expended.''.

     SEC. 26. POSTAL SERVICE CIVIL PENALTY AUTHORITY.

       (a) Section 3001 of title 39, United States Code, is 
     amended by adding a new subsection (o) as follows:
       ``(o)(1) Except as permitted by law and Postal Service 
     regulation, hazardous material is nonmailable.
       ``(2) For purposes of this section, the term `hazardous 
     material' means a substance or material the Secretary of 
     Transportation designates under section 5103(a) of title 
     49.''.
       (b) Chapter 30 of title 39, United States Code, is amended 
     by adding a new section 3018 at the end as follows:

     ``Sec.  3018.  Hazardous material; civil penalty

       ``(a) Regulations.--The Postal Service shall prescribe 
     regulations for the safe transportation of hazardous material 
     in the mail.
       ``(b) Hazardous Material in the Mail.--No person may--
       ``(1) mail or cause to be mailed a hazardous material that 
     has been declared by statute or Postal Service regulation to 
     be nonmailable;
       ``(2) mail or cause to be mailed a hazardous material in 
     violation of any statute or Postal Service regulation 
     restricting the time, place, or manner in which a hazardous 
     material may be mailed; or
       ``(3) manufacture, distribute, or sell any container, 
     packaging kit, or similar device that--
       ``(A) is represented, marked, certified, or sold by such 
     person for use in the mailing of a hazardous material; and
       ``(B) fails to conform with any statute or Postal Service 
     regulation setting forth standards for a container, packaging 
     kit, or similar device used for the mailing of a hazardous 
     material.
       ``(c) Civil Penalty.--
       ``(1) A person that knowingly violates this section or a 
     regulation issued under this section is liable to the Postal 
     Service for a civil penalty of at least $250 but not more 
     than $100,000 for each violation, and for any clean-up costs 
     and damages. A person acts knowingly when--
       ``(A) the person has actual knowledge of the facts giving 
     rise to the violation; or
       ``(B) a reasonable person acting in the circumstances and 
     exercising reasonable care would have that knowledge.
       ``(2) Knowledge by the person of the existence of a 
     statutory provision, or a regulation or requirement 
     prescribed by the Postal Service is not an element of an 
     offense under this section.
       ``(3) A separate violation occurs for each day a hazardous 
     material, mailed or caused to be mailed in noncompliance with 
     this section or a regulation issued under this section, is in 
     the mail.
       ``(4) A separate violation occurs for each item containing 
     a hazardous material that is mailed or caused to be mailed in 
     noncompliance with this section or a regulation issued under 
     this section.
       ``(d) Hearing Requirement.--The Postal Service may find 
     that a person has violated this section or a regulation 
     issued under this section only after notice and an 
     opportunity for a hearing. Under this section, the Postal 
     Service shall impose a penalty and recover clean-up costs and 
     damages by giving the person written notice of the amount of 
     the penalty, clean-up costs, and damages.
       ``(e) Penalty Considerations.--In determining the amount of 
     a civil penalty under this section, the Postal Service shall 
     consider--
       ``(1) the nature, circumstances, extent, and gravity of the 
     violation;
       ``(2) with respect to the person who committed the 
     violation, the degree of culpability, any history of prior 
     violations, the ability to pay, and any effect on the ability 
     to continue in business;
       ``(3) the impact on postal operations; and
       ``(4) other matters that justice requires.
       ``(f) Civil Actions to Collect.--(1) In accordance with 
     section 409(d) of this title, the Department of Justice or 
     the Postal Service may commence a civil action in an 
     appropriate district court of the United States to collect a 
     civil penalty, clean-up costs, or damages assessed under this 
     section. In such action, the validity, amount, and 
     appropriateness of the civil penalty, clean-up costs, or 
     damages shall not be subject to review.
       ``(2) The Postal Service may compromise the amount of a 
     civil penalty, clean-up costs, or damages assessed under this 
     section before civil action is taken to collect the penalty, 
     costs, or damages.
       ``(g) Civil Judicial Penalties.--At the request of the 
     Postal Service, the Attorney General may bring a civil action 
     in an appropriate district court of the United States to 
     enforce this chapter or a regulation prescribed or order 
     issued under this chapter. The court may award appropriate 
     relief, including a temporary or permanent injunction, 
     punitive damages, and assessment of civil penalties 
     considering the same penalty amounts and factors as 
     prescribed for the Postal Service in an administrative case 
     under this section.
       ``(h) Depositing Amounts Collected.--Amounts collected 
     under this section shall be paid into the Postal Service Fund 
     established by section 2003 of this title.''.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     30 of title 39, United States Code, is amended by adding the 
     following:

``3018. Hazardous material; civil penalty.''.

  Mr. McCAIN. Madam President, I am pleased to join Chairman Hollings 
in introducing the Hazardous Materials Transportation Safety 
reauthorization Act of 2001 at the request of the Administration. This 
measure is a good start toward improving and strengthening the safe and 
secure transport of our nation's hazardous materials. In addition

[[Page S11630]]

to authorizing funding for hazardous materials transportation safety 
programs, this legislation addresses concerns arising since the attacks 
of September 11. Among other things, this bill would strengthen the 
authority of Department of Transportation (DOT) inspectors to inspect 
packages being transported, and provide those inspectors with the 
authority to stop unsafe transportation. This measure would also 
increase the maximum civil penalty for violations of hazardous 
materials regulations from $27,500 to $100,000. It would expand the 
requirements for training persons involved in the transportation of 
hazardous materials and strengthen the enforcement authority of State 
enforcement officials.
  The hazardous materials transportation safety program reauthorization 
is long overdue. The most recent authorization expired September 30, 
1998. Since then, attempts at reauthorization have failed due to 
objections within Congress and an inability to reach an agreement on 
certain proposals with the former administration. Now, however, it is 
appropriate to attempt to move forward and address identified safety 
problems and improve safety for all Americans. I am hopeful that the 
Senate will act quickly to take the necessary action to improve 
hazardous materials transportation safety before we are forced to 
respond to another attack making use of our nation's transportation 
system.
  Annually, more than four billion tons of hazardous materials--about 
800,000 shipments daily--are transported by land, sea, and air in the 
United States. Among these materials are flammable liquids, combustible 
solids, gases, and corrosive materials. Despite the wide variety and 
amount of shipments, the hazardous materials transportation industry 
has a notable safety record, due in large part to the safety efforts of 
the individuals and companies involved in transporting these materials. 
In 1999, for instance, there were five hazardous materials related 
fatalities, down from thirteen in 1998 and twelve in 1997. However, in 
light of the attacks of September 11, it is more important than ever to 
reauthorize this important program. Reauthorization should include new 
authority for enforcement officials and clarify existing authority for 
the federal agencies that administer the programs responsible for 
hazardous materials transportation safety.
  The Federal Government has four roles related to hazardous materials 
transportation: regulation, enforcement, emergency response, and data 
collection and analysis. The DOT performs the largest role of 
establishing and enforcing Hazmat regulations, while the Research and 
Special Program Administration (RSPA), and to a lesser extent other 
agencies within the Department, are charged with more specific roles.
  RSPA is responsible for the regulation and identification of 
hazardous materials including hazardous materials handling and 
shipments, the development of container standards and testing 
procedures, the inspection and enforcement of multimodal shippers and 
container manufacturers, and for data collection. This legislation 
would provide authority to RSPA to continue its hazardous materials 
safety activities. In addition, the measure would grant the United 
States Postal Service (USPS) similar authority to DOT and its agencies 
to collect civil penalties and recover costs and damages for violations 
of its hazardous materials regulations.
  With this bill, jurisdiction between the DOT and the Occupational 
Safety and Health Administration (OSHA) would be clarified as it 
pertains to hazardous materials transportation. Dual jurisdiction over 
handling criteria registration, and motor carrier safety would be 
eliminated, leaving DOT with sole jurisdiction over these programs. 
Hazardous materials transportation employee training and occupational 
safety and health protection of employees responding to a release of 
hazardous materials would remain under the jurisdiction of both DOT and 
OSHA.
  I hope this Congress will act expeditiously to approve comprehensive 
hazardous materials transportation safety legislation. We simply cannot 
afford another missed opportunity to address transportation safety 
shortcomings. We must do all we can to ensure the safe transport of 
these materials, including providing the needed resources to the 
agencies charged with oversight of this industry. The Administration is 
correct in asking Congress to address hazardous materials 
transportation reauthorization. I will be working with Chairman 
Hollings and look forward to hearings in the near future to address 
this important reauthorization proposal.

                          ____________________