[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

[[Page S4296]]

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.

                          ____________________