[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.
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