[Congressional Record Volume 157, Number 96 (Thursday, June 30, 2011)]
[Senate]
[Pages S4293-S4298]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN:
S. 1305. A bill to establish and clarify that Congress does not
authorize persons convicted of dangerous crimes in foreign courts to
freely possess firearms in the United States; to the Committee on the
Judiciary.
Mrs. FEINSTEIN. Mr. President, today I am pleased to introduce the No
Firearms for Foreign Felons Act of 2011. This bill would close a
loophole in current law, by ensuring that people convicted of foreign
felonies and crimes involving domestic violence cannot possess
firearms. We must close this gap in our laws before it is exploited by
terrorists, drug gangs, and other dangerous criminals who threaten our
communities.
Under current Federal law, people who are convicted in the United
Sates of violent felonies like rape, murder and terrorism are
prohibited from possessing firearms. But, shockingly, Federal law does
not bar criminals convicted of these same violent crimes in foreign
courts from possessing guns. This outrageous loophole for foreign
convicts is the result of a 2005 U.S. Supreme Court decision in the
case of Small v. United States.
In that case, the Court analyzed the 1968 Gun Control Act, which
states that anyone who has been convicted of a felony ``in any court''
cannot possess firearms. The Court concluded that the phrase only
applied to American courts, despite the fact that the Gun Control Act
had been applied to foreign felonies since 1968, the year it took
effect.
At the time, the Supreme Court was very much aware that its ruling
could have serious consequences. As Justice Clarence Thomas noted in
his dissent, ``the majority's interpretation permits those convicted
overseas of murder, rape, assault, kidnapping, terrorism and other
dangerous crimes to possess firearms freely in the United States.'' But
whatever one may think of the Court's ruling, it is now the law of the
land.
We must make every effort to close this dangerous loophole and the
bill I am introducing today would do just that.
Under this bill, section 921 of Title 18 would be amended to state
that ``[t]he term `any court' includes any Federal, State, or foreign
court.'' Similar changes would be made in other sections of the Gun
Control Act. Where there are references to ``state offenses'' or
``offenses under state law,'' the bill would expand these terms to
include convictions of offenses under foreign law.
In other words, the bill would make it clear that if someone was
convicted in a foreign court of an offense that would have disqualified
him from possessing a gun in the U.S., then they
[[Page S4294]]
will be disqualified from gun possession under U.S. law. The only
exception will be if there is reason to think the conviction entered by
the foreign jurisdiction is somehow invalid.
Under the bill, a foreign conviction will not constitute a
``conviction'' under the Gun Control Act, if either: the foreign
conviction resulted from a denial of fundamental fairness that would
violate due process if committed in the United States, or the conduct
on which the foreign conviction was based would be legal if committed
in the United States.
I expect that these circumstances will be fairly rare, but the bill
does take them into account and will provide a complete defense to
anyone with an invalid foreign conviction. In any event, it is clear
that we should not keep in place a dangerous policy which essentially
treats every foreign conviction as invalid.
Particularly in these times, America cannot continue to give foreign-
convicted murderers, rapists and even terrorists the right to buy
firearms in the United States.
With each passing day, we run a risk that foreign felons are
exploiting this loophole in our law. This is unacceptable.
Criminals convicted in foreign courts should not be able to have guns
when U.S. law forbids those convicted of the same crimes on U.S. soil
from possessing guns. We should not wait for lives to be lost before we
act to close this loophole.
I urge my colleagues to support this legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1305
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 ``No Firearms for Foreign
Felons Act of 2011''.
SEC. 2. NO FIREARMS FOR FOREIGN FELONS.
(a) Definitions.--
(1) Courts.--Section 921(a) of title 18, United States
Code, is amended by adding at the end the following:
``(36) The term `any court' includes any Federal, State, or
foreign court.''.
(2) Exclusion of certain felonies.--Section 921(a)(20) of
title 18, United States Code, is amended--
(A) in subparagraph (A), by striking ``any Federal or State
offenses'' and inserting ``any Federal, State, or foreign
offenses'';
(B) in subparagraph (B), by striking ``any State offense
classified by the laws of the State'' and inserting ``any
State or foreign offense classified by the laws of that
jurisdiction''; and
(C) in the matter following subparagraph (B), in the first
sentence, by inserting before the period the following: ``,
except that a foreign conviction shall not constitute a
conviction of such a crime if the convicted person
establishes that the foreign conviction resulted from a
denial of fundamental fairness that would violate due process
if committed in the United States or from conduct that would
be legal if committed in the United States''.
(b) Domestic Violence Crimes.--Section 921(a)(33) of title
18, United States Code, is amended--
(1) in subparagraph (A), by striking ``subparagraph (C)''
and inserting ``subparagraph (B)''; and
(2) in subparagraph (B)(ii), by striking ``if the
conviction has'' and inserting the following: ``if the
conviction--
``(I) occurred in a foreign jurisdiction and the convicted
person establishes that the foreign conviction resulted from
a denial of fundamental fairness that would violate due
process if committed in the United States or from conduct
that would be legal if committed in the United States; or
``(II) has''.
(c) Penalties.--Section 924(e)(2)(A)(ii) of title 18,
United States Code, is amended--
(1) by striking ``an offense under State law'' and
inserting ``an offense under State or foreign law''; and
(2) by inserting before the semicolon the following: ``,
except that a foreign conviction shall not constitute a
conviction of such a crime if the convicted person
establishes that the foreign conviction resulted from a
denial of fundamental fairness that would violate due process
if committed in the United States or from conduct that would
be legal if committed in the United States''.
______
By Mr. HATCH (for himself, Ms. Klobuchar, and Mr. Rubio):
S. 1308. A bill to amend title 18, United States Code, with respect
to child pornography and child exploitation offenses; to the Committee
on the Judiciary.
Mr. HATCH. Mr. President, today I am introducing legislation to help
protect children from Internet predators and pornographers. I am joined
by the distinguished senior Senator from Minnesota, Senator Klobuchar,
with whom I serve on the Judiciary Committee and who is herself a
former prosecutor. The same bill has been introduced in the House by
Judiciary Committee Chairman Rep. Lamar Smith and Rep. Debbie Wasserman
Schultz.
Technology can do so much for us today, but it also has a dark side.
Students and Senators can use it, but so can predators and
pornographers. Sadly, in some ways children are more at risk than ever
and we must do whatever we can to protect them. This means equipping
law enforcement with the tools they need to combat the sexual
exploitation of children wherever it occurs.
This bill does several things. First, it makes it a crime to
financially facilitate access to child pornography. Second, this bill
requires companies such as Internet service providers to retain
information such as subscriber network addresses for at least 18
months. Third, it expands existing authority to issue administrative
subpoenas while investigating federal offenses involving the sexual
exploitation or abuse of children. Fourth, it provides for protecting
from intimidation or harassment child witnesses and victims in criminal
investigations and prosecutions. Finally, it provides for enhancing
criminal penalties or sentences for crimes such as the sex trafficking
of children or child pornography.
Several of these provisions may look familiar. The provisions
relating to subpoena authority, protection of child witnesses, child
sex trafficking, and sentencing come directly from S. 2925, the
Trafficking Deterrence and Victims Support Act of 2009, which Senator
Wyden introduced in the 111 Congress.
In preparing this bill for introduction today, Senator Klobuchar and
I met or spoke with law enforcement groups, financial institutions,
communications companies, and child advocates. Many of them are
stepping up their own voluntary efforts through coalitions such as the
Financial Coalition Against Child Pornography and the Family Online
Safety Institute. I have worked with many of these organizations and
companies for years and look forward to doing so again on this
important legislation.
This is a strong bill, a balanced bill, which will provide effective
tools for addressing these threats to our children. I know that many
divisions exist today, in the country and in the Congress, on many
issues. But I trust that those divisions will disappear when it comes
to protecting children from sexual exploitation. That must be an
ongoing commitment and I hope that all of my colleagues, on both sides
of the aisle and across the political spectrum, will join me and
Senator Klobuchar in supporting this legislation and helping us get it
enacted into law.
______
By Mr. DURBIN:
S. 1310. A bill to improve the safety of dietary supplements by
amending the Federal Food, Drug, and Cosmetic Act to require
manufacturers of dietary supplements to register dietary supplement
products with the Food and Drug Administration and to amend labeling
requirements with respect to dietary supplements; to the Committee on
Health, Education, Labor, and Pensions.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1310
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 ``Dietary Supplement Labeling
Act of 2011''.
SEC. 2. REGULATION OF DIETARY SUPPLEMENTS.
(a) Registration.--
(1) In general.--Section 415(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 350d(a)) is amended by adding at
the end the following:
``(6) Requirements with respect to dietary supplements.--
``(A) In general.--A facility engaged in manufacturing
dietary supplements that is required to register under this
section shall comply with the requirements of this paragraph,
in addition to the other requirements of this section.
[[Page S4295]]
``(B) Additional information.--A facility described in
subparagraph (A) shall submit a registration under paragraph
(1) that includes, in addition to the information required
under paragraph (2)--
``(i) a description of each dietary supplement product
manufactured by such facility;
``(ii) a list of all ingredients in each such dietary
supplement product; and
``(iii) a copy of the label and labeling for each such
product.
``(C) Registration with respect to new, reformulated, and
discontinued dietary supplement products.--
``(i) In general.--Not later than the date described in
clause (ii), if a facility described in subparagraph (A)--
``(I) manufactures a dietary supplement product that the
facility previously did not manufacture and for which the
facility did not submit the information required under
clauses (i) through (iii) of subparagraph (B);
``(II) reformulates a dietary supplement product for which
the facility previously submitted the information required
under clauses (i) through (iii) of subparagraph (B); or
``(III) no longer manufactures a dietary supplement for
which the facility previously submitted the information
required under clauses (i) through (iii) of subparagraph (B),
such facility shall submit to the Secretary an updated
registration describing the change described in subclause
(I), (II), or (III) and, in the case of a facility described
in subclause (I) or (II), containing the information required
under clauses (i) through (iii) of subparagraph (B).
``(ii) Date described.--The date described in this clause
is--
``(I) in the case of a facility described in subclause (I)
of clause (i), 30 days after the date on which such facility
first markets the dietary supplement product described in
such subclause;
``(II) in the case of a facility described in subclause
(II) of clause (i), 30 days after the date on which such
facility first markets the reformulated dietary supplement
product described in such subclause; or
``(III) in the case of a facility described in subclause
(III) of clause (i), 30 days after the date on which such
facility removes the dietary supplement product described in
such subclause from the market.''.
(2) Enforcement.--Section 403 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343) is amended by adding at the
end the following:
``(z) If it is a dietary supplement for which a facility is
required to submit the registration information required
under section 415(a)(6) and such facility has not complied
with the requirements of such section 415(a)(6) with respect
to such dietary supplement.''.
(b) Labeling.--
(1) Establishment of labeling requirements.--Chapter IV of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et
seq.) is amended by inserting after section 411 the
following:
``SEC. 411A. DIETARY SUPPLEMENTS.
``(a) Dietary Supplement Ingredients.--Not later than 1
year after the date of enactment of the Dietary Supplement
Labeling Act of 2011, the Secretary shall compile a list of
dietary supplement ingredients and proprietary blends of
ingredients that the Secretary determines could cause
potentially serious adverse events, drug interactions,
contraindications, or potential risks to subgroups such as
children and pregnant or breastfeeding women.
``(b) IOM Study.--The Secretary shall seek to enter into a
contract with the Institute of Medicine under which the
Institute of Medicine shall evaluate dietary supplement
ingredients and proprietary blends of ingredients, including
those on the list compiled by the Secretary under subsection
(a), and scientific literature on dietary supplement
ingredients and, not later than 18 months after the date of
enactment of the Dietary Supplement Labeling Act of 2011,
submit to the Secretary a report evaluating the safety of
dietary supplement ingredients and proprietary blends of
ingredients the Institute of Medicine determines could cause
potentially serious adverse events, drug interactions,
contraindications, or potential risks to subgroups such as
children and pregnant or breastfeeding women.
``(c) Establishment of Requirements.--Not later than 2
years after the date on which the Institute of Medicine
issues the report under subsection (b), the Secretary, after
providing for public notice and comment and taking into
consideration such report, shall--
``(1) establish mandatory warning label requirements for
dietary supplement ingredients that the Secretary determines
to cause potentially serious adverse events, drug
interactions, contraindications, or potential risks to
subgroups; and
``(2) identify proprietary blends of ingredients for which,
because of potentially serious adverse events, drug
interactions, contraindications, or potential risks to
subgroups such as children and pregnant or breastfeeding
women, the weight per serving of the ingredient in the
proprietary blend shall be provided on the label.
``(d) Updates.--As appropriate, the Secretary, after
providing for public notice and comment, shall update--
``(1) the list compiled under subsection (a);
``(2) the mandatory warning label requirements established
under paragraph (1) of subsection (c); and
``(3) the requirements under paragraph (2) of subsection
(c).''.
(2) Enforcement.--Section 403 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343) is amended--
(A) in subsection (q)(5)(F)(ii), by inserting ``, and for
each proprietary blend identified by the Secretary under
section 411A(c)(1)(B), the weight of such proprietary
blend,'' after ``ingredients)''; and
(B) in subsection (s)(2)--
(i) in subparagraph (A)(ii)(II), by inserting ``, and for
each proprietary blend identified by the Secretary under
section 411A(c)(1)(B), the weight of each such proprietary
blend per serving'' before the semicolon at the end;
(ii) in subparagraph (D)(iii), by striking ``or'' at the
end;
(iii) in subparagraph (E)(ii)(II), by striking the period
at the end and inserting a semicolon; and
(iv) by adding at the end the following:
``(F) the label or labeling does not include information
with respect to potentially serious adverse events, drug
interactions, contraindications, or potential risks to
subgroups such as children and pregnant or breastfeeding
women, as required under section 411A(c); or
``(G) the label does not include the batch number.''.
(c) Conventional Foods.--The Secretary of Health and Human
Services, not later than 1 year after the date of enactment
of this Act and after providing for public notice and
comment, shall establish a definition for the term
``conventional food'' for purposes of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.). Such definition
shall take into account conventional foods marketed as
dietary supplements, including products marketed as dietary
supplements that simulate conventional foods.
______
By Mr. BROWN of Massachusetts:
S. 1312. A bill to strengthen and improve monitoring in the fisheries
across the United States and for other purposes; to the Committee on
Commerce, Science, and Transportation.
Mr. BROWN of Massachusetts. Mr. President, I rise to speak about
overregulation--something that is really putting a wet blanket on many
businesses throughout our country, and especially in Massachusetts.
That is why I am introducing a bill to reform the National Oceanic and
Atmospheric Administration's--or NOAA's--asset forfeiture fund.
The fund, as you may know, is authorized by the Magnuson-Stevens
Fishery and Conservation Act and allows NOAA to retain fines and
penalties collected as a result of enforcement actions for legitimate
enforcement purposes.
As the Department of Commerce inspector general's excellent work
revealed, NOAA has mismanaged that fund for many years, wasting
taxpayer funds on exorbitant foreign travel and unauthorized purchases
of vehicles. As a matter of fact, they purchase more vehicles than they
actually have employees. So that speaks for itself. They also purchased
a $300,000 luxury boat with the funds collected in that forfeiture
fund.
The reason I am standing on the floor of the Senate today is because
the way the fund has been implemented has actually corrupted the
relationship between the fishermen and the regulators. Fishermen have
complained for years about the arbitrary fines, overzealous
enforcement, and violations of their due process rights when it comes
to dealing with NOAA. After decades of such complaints, mostly in the
Northeast, the Department of Commerce appointed a distinguished retired
judge to serve as a special master and investigate enforcement actions
and abuses by NOAA.
In one case, a New Bedford, MA, fisherman lost his livelihood and a
farm that had been in the family since the 1640s. He was forced to sell
due to punitive NOAA penalties. Incredibly, the Commerce Department's
own special master concluded that the perverse incentive to fill the
asset forfeiture fund with funds was a motivating factor in how NOAA
handled that case. Larry Yacubian got not only a check but an apology
from Washington because of those abuses, but he will never get his home
back.
That is why in my role as ranking member of the Federal Financial
Management Subcommittee, I, along with my dear friend, Senator Tom
Carper of Delaware, held a field hearing in Boston on June 20 to
identify a lot of these longstanding problems and identify the problems
with the asset forfeiture fund itself.
Unfortunately, the hearing revealed that while NOAA has instituted
some reforms to its management of the asset forfeiture fund, including
auditing the funds for the first time in nearly four
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decades, it still intends to utilize the seized assets of fishermen to
pay for foreign travel, which is inappropriate.
The years of NOAA's mismanagement and abuse of the asset forfeiture
fund have bred mistrust among fishermen and Federal officials, and it
can only be broken by removing the fund from NOAA.
It is for these reasons that today I am introducing the Asset
Forfeiture Responsibility Act of 2011, which will hopefully end this
sad chapter in Federal financial management by this agency by replacing
the existing funds with a new fisheries investment fund. Funds will be
kept--like most every other fund--at the Treasury Department for the
benefit of regional councils and NOAA, and the fund will be audited for
the next 3 years to make sure they are getting their act together.
The fishing investment fund will direct monies from those fishermen
who break the rules toward assisting fishermen with the ever-growing
costs of regulatory compliance and to reimburse the legal fees incurred
by fishermen whose fines were remitted by the recommendation of the
Special Master.
Currently, appropriated funds assist fishermen with the costs of
compliance, but in these difficult fiscal times this funding is
actually at risk. This legislation would provide a more reliable source
of funds to offset the increasing cost of compliance, while allowing
the fishing councils the flexibility to address other priorities, such
as preparing fishing impact statements and addressing other priorities
to rebuild or maintain the fishery and the fishing stocks.
As I have always said, since I was elected and got involved in this
issue, all the fishermen want is to have a level playing field and an
assurance that those who break the rules will be caught and they will
be fined appropriately. That is why I have maintained funding for
NOAA's legitimate law enforcement responsibilities.
However, in the end, we should be focused, quite frankly, in this
Chamber on bettering the economic security and ability of the American
people to make an honest living. This bill will bring back jobs to the
hard-working men and women of the American fishing industry while
restoring their trust in government. It is the right thing to do.
______
By Ms. MURKOWSKI (for herself and Ms. Landrieu):
S. 1320. A bill to require the Secretary of Energy to offer to enter
into temporary used fuel storage facility agreements; to the Committee
on Environment and Public Works.
Ms. MURKOWSKI. Mr. President, I rise to introduce legislation to help
address one of the glaring issues our domestic nuclear industry faces--
what to do with the used nuclear fuel being stored at over 100 sites
across the country. I am pleased to be joined by Senator Mary Landrieu
in introducing this bill.
Typically, a nuclear power plant stores its used fuel in a spent fuel
pool located within the reactor site's exclusion zone. When there is no
more room in the pool, and the used fuel is sufficiently cooled, the
fuel can be moved to dry cask storage nearby the plant in what are
called independent spent fuel storage installations.
Although there are 104 nuclear reactors producing power across the
United States, not all have been in operation long enough to fill their
spent fuel pools and require dry cask storage. So at present, the are
63 independent spent fuel storage installations at 56 sites in 33
States. Of those, 7 sites are from decommissioned plants. Two
decommissioned plant sites still have fuel in their spent fuel pool.
That means there are 9 sites, from 10 decommissioned reactors, with
2,800 metric tons of used fuel that is being stored and guarded,
whether in dry cask or fuel pools, but no operating power plant nearby.
These are orphan sites, and but for the remaining spent fuel the land
could be used for other purposes.
Under the Nuclear Waste Policy Act of 1982, the Federal Government is
contractually obligated to take title to spent nuclear fuel from
commercial nuclear power plants starting in 1998. Our Government has
not fulfilled that requirement and as a result we face continuous
lawsuits from the utilities operating those commercial power plants to
cover the costs of storing the spent fuel on-site.
According to the Department of Justice, as of June 24, 2011, $1.12
billion has been paid out in settlement of these lawsuits, with an
additional $220 million paid in judgments. Another $157 million is
authorized, but has not yet been paid in settlement. And $937 million
in outstanding judgments remains on appeal or remand. So, the total
authorized payment level, so far, is roughly $1.5 billion, with close
to another $1 billion dollars in payment going through the legal
process. These are not lawsuits that go away once they are settled.
Every year that the Government is in breach of its contractual
obligation, the same company can bring a similar lawsuit as had been
previously settled. As more nuclear power plants fill up their spent
fuel pools and turn to dry cask storage, more lawsuits for breach of
contract will be filed. The Department of Energy estimates that even if
the Government starts to accept the spent fuel by 2021, the total cost
of the lawsuits will be $13.1 billion.
While the Government anticipates a liability of $13.1 billion,
utilities estimate the final tally could exceed $50 billion. But both
the DOE and private sector estimates were developed before the
Administration took steps to withdraw the Yucca Mountain application.
More recent estimates suggest a cost of $100 billion.
I take special note of what our future liability could be. The
Department of Energy expects the Federal Government's liability to
increase by $500 million annually if waste is not accepted by 2021--10
years from now. It took us 30 years to get this far on Yucca Mountain.
If we are to begin the search for a permanent repository anew, as it
appears the Administration would like us to do, it seems increasingly
likely the Government's liability costs will greatly exceed the earlier
$50 billion estimate. At a time when we are already racking up
trillions of dollars in debt for future generations, the administration
has freely chosen to incur additional future taxpayer liability in
terms of tens of billions of dollars by withdrawing the Yucca Mountain
repository license application.
Fortunately for the administration, I have a solution. The Nuclear
Fuel Storage Improvement Act of 2011 that I am introducing seeks to
establish up to two interim used nuclear fuel storage facilities to
centralize the used fuel spread across this nation, end the lawsuits
against the Federal Government, and help the domestic nuclear industry,
and the communities that host nuclear power plants, partially resolve
the long-standing problem of what to do with the used nuclear fuel
stored on-site.
The bill would provide financial incentives to a local unit of
government, as well as the state in which that unit of government is
located, to serve as a host of an interim used nuclear fuel storage
facility. The facility itself would be privately owned and operated,
and licensed by the Nuclear Regulatory Commission, but the host entity
would be entitled to financial payments from the Federal Government for
its willingness to locate the storage facility within its jurisdiction.
Up to two locations would be eligible for the financial agreement,
funds for which would come from the Nuclear Waste Fund set up by the
Nuclear Waste Policy Act of 1982.
Importantly for the Federal Government, under the legislation the
Secretary of Energy can contract with the private entity operating an
interim storage facility to store used fuel from civilian nuclear power
plants. Priority of acceptance is given to the used fuel being stored
at plants that have been permanently shut down and decommissioned--the
orphan sites. The Secretary is then authorized to enter into an
agreement with those which it has contractual obligations to under the
Nuclear Waste Policy Act, to settle all claims and liabilities for the
Government's failure to take title of the used nuclear fuel, thus
saving the Government, and future taxpayers, billions of dollars.
I want to be clear. In no way shape or form does this legislation
diminish or replace the need for a permanent repository. I have been,
and continue to be, supportive of using Yucca Mountain for that
purpose. Until such a repository can be opened, however, we have a
responsibility to put a plan into action
[[Page S4297]]
that will consolidate the used fuel sitting at all of these sites
across the nation, as well as settle the Federal Government's liability
for its failure to take title to that spent fuel, costing the American
taxpayer millions of dollars each year. I believe this legislation
moves us in that direction.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1320
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 ``Nuclear Fuel Storage
Improvement Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. INCENTIVES FOR SITING OF TEMPORARY USED FUEL STORAGE
FACILITIES.
(a) Definitions.--In this section:
(1) Agreement.--The term ``agreement'' means a temporary
used fuel storage facility agreement entered into under
subsection (e).
(2) First used fuel receipt.--The term ``first used fuel
receipt'' means the receipt of used fuel by a temporary used
fuel storage facility at a site within the jurisdiction of a
unit of local government that is a party to an agreement.
(3) Nuclear waste fund.--The term ``Nuclear Waste Fund''
means the Nuclear Waste Fund established under section 302 of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222).
(4) Unit of local government.--The term ``unit of local
government'' means any borough, city, county, parish, town,
township, village, or other general purpose political
subdivision of a State, or association of 2 or more political
subdivisions of a State.
(5) Used fuel.--The term ``used fuel'' means nuclear fuel
that has been withdrawn from a nuclear reactor following
irradiation, the constituent elements of which have not been
separated by reprocessing.
(b) Authorization.--The Secretary shall offer to enter into
temporary used fuel storage facility agreements in accordance
with this section.
(c) Notice From Units of Local Government to Secretary.--
Not later than January 1, 2013, representatives of a unit of
local government, with the written approval of the Governor
of the State in which the jurisdiction of the local
government is located, may submit to the Secretary written
notice that the unit of local government is willing to have a
privately owned and operated temporary used fuel storage
facility located at an identified site within the
jurisdiction of the unit of local government.
(d) Preliminary Compensation.--
(1) In general.--The Secretary shall make payments of
$1,000,000 each year to not more than 3 units of local
government that have submitted notices under subsection (c).
(2) Multiple notices.--If more than 3 notices are received
under subsection (c), the Secretary shall make payments to
the first 3 units of local government, based on the order in
which the notices are received.
(3) Timing.--The payments shall be made annually for a 3-
year period, on the anniversary date of the filing of the
notice under subsection (c).
(e) Agreement.--
(1) In general.--On the docketing of an application for a
license for a temporary used fuel storage facility, in
accordance with part 72 of title 10, Code of Federal
Regulations, at a site within the jurisdiction of a unit of
local government by the Commission, the Secretary shall offer
to enter into a temporary used fuel storage facility economic
impact agreement with the unit of local government.
(2) Terms and conditions.--An agreement between the
Secretary and a unit of local government under this
subsection shall contain such terms and conditions (including
such financial and institutional arrangements) as the
Secretary and the unit of local government determine to be
reasonable and appropriate.
(3) Amendment.--An agreement may be--
(A) amended only with the mutual consent of the parties to
the agreement; and
(B) terminated only in accordance with paragraph (4).
(4) Termination.--The Secretary shall terminate an
agreement if the Secretary determines that any major element
of the temporary used fuel storage facility required under
the agreement will not be completed.
(5) Number of agreements.--Not more than 2 agreements may
be in effect at any time.
(6) Payment schedule.--
(A) In general.--If the Secretary enters into an agreement
under this subsection, the Secretary shall make to the unit
of local government and the State in which the unit of local
government is located--
(i) payments of--
(I) on the date of entering into the agreement under this
subsection, $6,000,000;
(II) during the period beginning on the date of entering
into an agreement and ending on the date of first used fuel
receipt or denial of the license application for a temporary
used fuel storage facility by the Commission, whichever is
later, $10,000,000 for each year; and
(III) during the period beginning on the date of first used
fuel receipt and ending on the date of closure of the
facility, a total of the higher of--
(aa) $15,000,000 for each year; or
(bb) $15,000 per metric ton of used fuel received at the
facility for each year, up to a maximum of $25,000,000 for
each year; and
(ii) a payment of $20,000,000 on closure of the facility.
(B) Timing of annual payments.--The Secretary shall make
annual payments under subparagraph (A)(i)--
(i) in the case of annual payments described in
subparagraph (A)(i)(II), on the anniversary of the date of
the docketing of the license application by the Commission;
and
(ii) in the case of annual payments described in
subparagraph (A)(i)(III), on the date of the first used fuel
receipt and thereafter on the anniversary date of the first
used fuel receipt, in lieu of annual payments described in
subparagraph (A)(i)(II).
(C) Termination of authority.--Subject to subparagraph
(A)(ii), the authority to make payments under this paragraph
terminates on the date of closure of the facility.
(f) Funding.--Funding for compensation and payments
provided for, and made under, this section shall be made
available from amounts available in the Nuclear Waste Fund.
SEC. 4. ACCEPTANCE, STORAGE, AND SETTLEMENT OF CLAIMS.
(a) In General.--The Secretary shall offer to enter into a
long-term contract for the storage of used fuel from civilian
nuclear power plants with a private entity that owns or
operates an independent used fuel storage facility licensed
by the Commission that is located within the jurisdiction of
a unit of local government to which payments are made
pursuant to section 3(e).
(b) Settlement and Acceptance of Used Fuel.--
(1) In general.--At the request of a party to a contract
under section 302(a) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(a)), the Secretary may enter into an
agreement for the settlement of all claims against the
Secretary under a contract for failure to dispose of high-
level radioactive waste or used nuclear fuel not later than
January 31, 1998.
(2) Terms and conditions.--A settlement agreement described
in paragraph (1)--
(A) shall contain such terms and conditions (including such
financial and institutional arrangements) as the Secretary
and the party to the contract determine to be reasonable and
appropriate; and
(B) may include the acceptance of used fuel from the party
to the contract for storage at a facility with respect to
which the Secretary has a long-term contract under subsection
(a).
(c) Priority for Acceptance for Closed Facilities.--
(1) In general.--If a request for fuel acceptance is made
under this section by a facility that has produced used
nuclear fuel and that is shut down permanently and the
facility has been decommissioned, the Secretary shall provide
priority for the acceptance of the fuel produced by the
facility.
(2) Schedule.--Spent nuclear fuel and high-level
radioactive waste generated by a facility in existence as of
the date of enactment of this Act shall be offered a schedule
in accordance with the priority established pursuant to
Article IV.b.5 of the contract entitled ``Contract for
Disposal of Spent Nuclear Fuel and/or High-Level Radioactive
Waste'', as specified in section 961.11 of title 10, Code of
Federal Regulations.
(d) Transportation of Used Fuel.--
(1) In general.--The Secretary shall provide for the
transportation of used fuel accepted by the Secretary under
this section.
(2) Systems and components.--
(A) In general.--The Secretary shall procure all systems
and components necessary to transport used fuel from
facilities designated by contract holders to 1 or more
storage facilities under this section.
(B) Casks.--The Secretary shall--
(i) use transportation and storage casks that are approved
by the Commission in use at facilities designated by contract
holders; and
(ii) compensate the owner and operator of each facility for
the use of the casks.
______
By Mr. REID:
S. 1323. A bill to express the sense of the Senate on shared
sacrifice in resolving the budget deficit; placed on the calendar.
Mr. REID. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1323
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SENSE OF THE SENATE ON SHARED SACRIFICE.
(a) Findings.--Congress makes the following findings:
(1) The Wall Street Journal reports that median pay for
chief financial officers of S&P 500 companies increased 19
percent to $2,900,000 last year.
[[Page S4298]]
(2) Over the past 10 years, the median family income has
declined by more than $2,500.
(3) Twenty percent of all income earned in the United
States is earned by the top 1 percent of individuals.
(4) Over the past quarter century, four-fifths of the
income gains accrued to the top 1 percent of individuals.
(b) Sense of the Senate.--It is the sense of the Senate
that any agreement to reduce the budget deficit should
require that those earning $1,000,000 or more per year make a
more meaningful contribution to the deficit reduction effort.
____________________