[Congressional Record Volume 158, Number 116 (Wednesday, August 1, 2012)]
[Senate]
[Pages S5872-S5882]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KERRY:
  S. 3465. A bill to amend the Older Americans Act of 1965 to define 
care coordination, include care coordination as a fully restorative 
service, and detail the care coordination functions of the Assistant 
Secretary, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. KERRY. Mr. President, for the past 47 years, the Older Americans 
Act, OAA, has provided a wide array of services to improve the lives of 
older Americans, family caregivers, and persons with disabilities. 
Through the Act, millions of Americans receive critical home and 
community-based services including, home-delivered meal programs, 
transportation, adult day care, legal assistance and health promotion 
programs. The National Aging Network delivers these vital services to 
local communities through the Administration on Aging, State Units on 
Aging, SUAs, and over 600 Area Agencies on Aging, AAAs.
  The aging network supports a number of health, prevention and 
wellness programs for older adults, such as, chronic disease self-
management programs, alcohol and substance abuse reduction, smoking 
cessation, weight loss and control, and health screenings. Despite this 
focus on health promotion, currently, there is no definition of care 
coordination included in the Older Americans Act. In fact, the unique 
coordination needed for an older adult with multiple chronic conditions 
is absent from the definition of the OAA case manager role.
  The inclusion of care coordination in the OAA is necessary to prepare 
the aging network for their role in linking medical care to community 
long-term services and supports. The Affordable Care Act is 
transforming the health care delivery system through medical home 
demonstration, Accountable Care Organizations, and the Partnership for 
Patient-Care Transitions. But to be truly successful, these reforms 
will require the coordination of care between state and federal health 
care programs and the aging network.
  Today, I am introducing the Care Coordination for Older Americans 
Act, a bill that would integrate care coordination in the long-term 
services and supports system. My legislation would include a definition 
of care coordination in the declaration of objectives of the Older 
Americans Act and would require the aging network to develop and 
implement a care coordination plan to address the needs of older 
individuals with multiple chronic illnesses.
  I would like to thank a number of aging organizations who have been 
integral to the development of this legislation and who have endorsed 
it today, including: Aging Services of California, the American 
Geriatrics Society, the American Society on Aging, the Benjamin Rose 
Institute on Aging, the Center for Medicare Advocacy, the Consumer 
Coalition for Quality Health Care, the Easter Seals, The Gerontological 
Society of America, LeadingAge, the National Association of Area 
Agencies on Aging, n4a, the National Academy of Elder Law Attorneys, 
the National Association of Nutrition and Aging Services Programs, the 
National Association of the Professional Geriatric Care Managers, the 
National Center on Caregiving, the Family Caregiver Alliance, PHI 
Quality Care through Quality Jobs, the Social Work Leadership Institute 
/ New York Academy of Medicine, and the University of Illinois College 
of Nursing Institute for Health Care Innovation. In addition, the 
National Coalition for Care Coordination was pivotal in their 
assistance developing a definition of care coordination which 
adequately addresses the needs of the aging network.
  Since being enacted in 1965, the OAA has evolved over time to meet 
the ever-changing needs of our aging population. As we work to 
reauthorize this successful program that has allowed millions of 
seniors to remain independent in their homes and communities, we should 
incorporate new initiatives that reflect the current challenges facing 
seniors, such as the lack of care coordination between health programs 
and community long-term services and supports.
  For all of these reasons, I urge my colleagues to cosponsor this 
important legislation and to support its inclusion in the 
reauthorization of the OAA.
                                 ______
                                 
      By Mr. JOHANNS:
  S. 3467. A bill to establish a moratorium on aerial surveillance 
conducted by the Administrator of the Environmental Protection Agency; 
to the Committee on Environment and Public Works.
  Mr. JOHANNS. Mr. President, I come to the floor today to discuss an 
issue I have brought up before in the Senate that continues to trouble 
me.
  Whenever I meet with farmers and ranchers in Nebraska, they often 
raise concerns about regulatory overreach. I hear about the need for 
agencies such as the EPA to provide a more predictable and commonsense 
regulatory environment. So today I am introducing a bill that will do 
exactly that. It stops the EPA's use of aerial surveillance of

[[Page S5873]]

agricultural operations for a period of 12 months--1 year.
  Earlier this year, I began hearing about this issue from constituents 
who are worried about privacy concerns. Thus, a few of my colleagues 
and I wrote to Administrator Jackson in late May asking her several 
questions about EPA's practice of flying over livestock operations and 
taking pictures. We were curious about the scope of flights over 
agriculture operations in Nebraska and around the country. We asked how 
the agency selects targets for surveillance and whether any images of 
residences, land, or buildings not subject to EPA regulation were being 
captured.
  Additionally, we asked a very fair question: We asked about the use 
of the images, where are they stored, how are they used, who are they 
shared with, and how long they would remain on file--all seemingly 
straightforward, fair, basic questions.
  Well, to say the least, EPA has been less than forthcoming about the 
use of aerial surveillance. EPA has acknowledged aerial surveillance 
activities in Nebraska, Iowa, and West Virginia. But despite repeated 
requests, details concerning the national scope of this program and its 
management by EPA headquarters have not been disclosed.
  You see, I believe the American public deserves open, 
straightforward, honest information about why EPA is flying over their 
land--not just in Nebraska but across the country.
  Time and time again, farmers have consistently proven they are 
excellent stewards of the environment. They make their living from the 
land, and they are very mindful of maintaining it and protecting it and 
leaving it improved.
  I agree wholeheartedly that we should ensure our waterways are clean 
and our air is safe. So I want to be very clear: This legislation does 
not affect EPA's ability to use traditional onsite inspections. But 
given EPA's track record of ignorance about agriculture, if not 
downright contempt for it, farmers and ranchers do not trust this 
agency, and they sure as heck do not approve of EPA doing low-altitude 
surveillance flights over citizens' private property.
  So until EPA takes a more commonsense, transparent, open approach, we 
need to step on the brakes. This bill simply does that. It places a 1-
year moratorium on EPA from using aerial surveillance. This will give 
the agency time to come clean about its activities nationwide and make 
the case that these flights are an appropriate use of agency authority 
and taxpayer money.
  Unless the EPA does that openly, the level of trust between farmers 
and ranchers and the EPA will continue to erode. In the meantime, 
passage of this legislation will help provide our farmers and our 
ranchers and others in rural America with much needed regulatory 
certainty.
  I offered an amendment on this issue during the recent farm bill 
debate. It got broad bipartisan support--56 votes. Ten of my colleagues 
on the other side of the aisle joined me in this effort, so it is not a 
partisan issue.
  I urge my colleagues to continue their support of this effort to 
bring accountability and transparency to the Environmental Protection 
Agency.
                                 ______
                                 
      By Mr. BINGAMAN:
  S. 3469. A bill to establish a new organization to manage nuclear 
waste, provide a consensual process for siting nuclear waste 
facilities, ensure adequate funding for managing nuclear waste, and for 
other purposes; to the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I am today introducing a bill to 
implement the recommendations of the Blue Ribbon Commission on 
America's Nuclear Future.
  The Blue Ribbon Commission was appointed by Secretary of Energy 
Steven Chu, at the request of President Obama, in March 2010. The 
purpose of the Commission was to examine the nation's nuclear waste 
management policy, consider alternatives, and recommend a new approach. 
The Commission was made up of 15 distinguished members, and co-chaired 
by Representative Lee Hamilton and General Brent Scowcroft. Two of our 
former colleagues, Senator Domenici and Senator Hagel, were also 
members.
  The Commission did an outstanding job. It met more than two dozen 
times over two years, conducted five public hearings across the 
country, heard testimony from countless experts and stakeholders, 
visited nuclear waste management facilities both here and abroad, and 
assembled a very thorough, thoughtful, and authoritative report.
  The Commission made eight clear, concise, and eminently sensible 
recommendations. Principally, it recommended that we adopt a new, 
consent-based approach to siting nuclear waste management facilities, 
and that we establish a new organization to manage the nuclear waste 
management program. It affirmed the need to build one or more geologic 
repositories in which nuclear waste can be permanently buried, and it 
endorsed the need to build one or more temporary storage facilities in 
which nuclear waste can be stored until it can be permanently disposed 
of in a repository. It emphasized the importance of giving the new 
organization access to the funds needed to implement the program. It 
also made useful recommendations on transportation, and on the 
importance of continued support for nuclear research and development 
and international nuclear non-proliferation programs.
  The Commission published its report at the end of January, and the 
two co-chairs, Representative Hamilton and General Scowcroft, testified 
to the Committee on Energy and Natural Resources on it in early 
February.
  Since then, I have been working with the Ranking Republican on the 
Committee on Energy and Natural Resources, Senator Murkowski, and the 
Chairman and Ranking Republican on the Energy and Water Development 
Subcommittee of the Appropriations Committee, Senator Feinstein and 
Senator Alexander, to try to put the commission's recommendations into 
legislative language.
  Much of our time and effort centered on the Commission's 
recommendation for ``a new organization dedicated solely to 
implementing the waste management program.'' The Commission recommended 
that Congress establish a new ``single purpose organization,'' outside 
of the Department of Energy, but still within the Federal Government to 
manage the nation's nuclear wastes in place of the Department of 
Energy. More specifically, it proposed formation of a government 
corporation, and suggested that the Tennessee Valley Authority might 
provide a useful model.
  Our initial efforts focused on the government corporation approach, 
but we ultimately agreed to set that model aside in favor of a 
structure that we believe may be both more effective and more 
accountable. We chose to focus full responsibility and authority for 
the program in a single administrator, and to establish a separate 
board made up of senior Federal officials to oversee the administrator.
  Most of the rest of our discussions focused on the siting process for 
temporary storage facilities and permanent geologic repositories. We 
agreed with the commission's recommendation that the new organization 
employ a consent-based approach to siting nuclear waste facilities and 
with the need for to establish interim storage facilities pending 
completion of a repository. But we were unable to agree on the 
``linkage'' between storage facilities and the repository.
  Under current law, the Department of Energy cannot begin constructing 
a storage facility until the Nuclear Regulatory Commission issues a 
license to construct the repository. The Commission found that this 
tight linkage has prevented a storage facility from being built and 
recommended that it be eliminated. But the commission also recognized 
the need for what it called ``positive linkages'' between storage and 
disposal to ensure that progress continues on both fronts and interim 
storage does not end up become permanent.
  Meanwhile, while our discussions were underway, the Energy and Water 
Development Appropriations Subcommittee reported legislation that 
authorizes the Secretary of Energy to begin storing nuclear waste at 
interim storage sites. My proposal for ``positive linkages'' was to 
allow the new agency to store up to 10,000 metric tons of spent nuclear 
fuel at a storage facility built under the authority in the 
appropriations bill, even if no agreement has

[[Page S5874]]

been reached on a repository, but to require there to be an agreement 
for a repository before allowing the new agency to store nuclear waste 
at other storage facilities.
  Regrettably, we were not able to reach an agreement on this issue or 
on whether the siting process for storage facilities should be 
identical to the siting process for repositories wherever possible.
  Nonetheless, we agreed that I should introduce the bill with the 
linkages that I have proposed and that the Committee on Energy and 
Natural Resources should hold a hearing on it in September. I 
recognize, of course, that the bill will not become law this year. But 
my hope is to obtain testimony on it and to build a legislative record 
that might serve as the foundation for further consideration and 
ultimate enactment in the next Congress.
  The Blue Ribbon Commission found that ``it is long past time for the 
government to make good on its commitments to the American people to 
provide for the safe disposal of nuclear waste.''
  ``Put simply,'' the Commission said, ``this nation's failure to come 
to grips with the nuclear waste issue has already proved damaging and 
costly. It will be even more damaging and more costly the longer it 
continues. . . . ''
  The commission has performed a very valuable service to the nation in 
showing us a way forward. Its recommendations merit our careful 
consideration and deserve our approval. I have attempted to put them 
into legislative form so that they can be enacted and implemented.
  I recognize that will not happen this year. It will take a great deal 
more time and work. But it must begin and I hope it will continue in 
the next Congress.
  Mr. President, I ask for unanimous consent that 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. 3469

       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 
     Waste Administration Act of 2012''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

              TITLE I--FINDINGS, PURPOSES, AND DEFINITIONS

Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.

                 TITLE II--NUCLEAR WASTE ADMINISTRATION

Sec. 201. Establishment.
Sec. 202. Principal officers.
Sec. 203. Other officers.
Sec. 204. Inspector General.
Sec. 205. Nuclear Waste Oversight Board.
Sec. 206. Conforming amendments.

                          TITLE III--FUNCTIONS

Sec. 301. Transfer of functions.
Sec. 302. Transfer of contracts.
Sec. 303. Additional functions.
Sec. 304. Siting nuclear waste facilities.
Sec. 305. Licensing nuclear waste facilities.
Sec. 306. Limitation on storage.
Sec. 307. Defense waste.
Sec. 308. Transportation.

                TITLE IV--FUNDING AND LEGAL PROCEEDINGS

Sec. 401. Working Capital Fund.
Sec. 402. Nuclear Waste Fund.
Sec. 403. Full cost recovery.
Sec. 404. Judicial review.
Sec. 405. Litigation authority.
Sec. 406. Liabilities.

             TITLE V--ADMINISTRATIVE AND SAVINGS PROVISIONS

Sec. 501. Administrative powers of Administrator.
Sec. 502. Personnel.
Sec. 503. Offices.
Sec. 504. Mission plan.
Sec. 505. Annual reports.
Sec. 506. Savings provisions; terminations.
Sec. 507. Technical assistance in the field of spent fuel storage and 
              disposal.
Sec. 508. Nuclear Waste Technical Review Board.
Sec. 509. Repeal of volume limitation.

              TITLE I--FINDINGS, PURPOSES, AND DEFINITIONS

     SEC. 101. FINDINGS.

       Congress finds that--
       (1) the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 
     et seq.)--
       (A) made the Federal Government responsible for providing 
     for the permanent disposal of nuclear waste;
       (B) vested the responsibility for siting, constructing, and 
     operating a permanent geologic repository for the disposal of 
     nuclear waste in the Secretary of Energy; and
       (C) required the Secretary to enter into binding contracts 
     with the generators and owners of nuclear waste pursuant to 
     which the Secretary is obligated to have begun disposing of 
     the nuclear waste in a repository not later than January 31, 
     1998;
       (2) in 1987, Congress designated the Yucca Mountain site as 
     the site for the repository and precluded consideration of 
     other sites;
       (3) in 2002, the Secretary found the Yucca Mountain site to 
     be suitable for the development of the repository, the 
     President recommended the site to Congress, and Congress 
     enacted a joint resolution approving the Yucca Mountain site 
     for the repository;
       (4) in 2008, the Secretary applied to the Nuclear 
     Regulatory Commission for a license to construct a repository 
     at the Yucca Mountain site;
       (5) in 2009, the Secretary found the Yucca Mountain site to 
     be unworkable and abandoned efforts to construct a 
     repository;
       (6) in 2010, the Secretary, at the request of the 
     President, established the Blue Ribbon Commission on 
     America's Nuclear Future to conduct a comprehensive review of 
     the nuclear waste management policies of the United States 
     and recommend a new strategy for managing the nuclear waste 
     of the United States; and
       (7) the Blue Ribbon Commission has recommended that 
     Congress establish a new nuclear waste management 
     organization and adopt a new consensual approach to siting 
     nuclear waste management facilities.

     SEC. 102. PURPOSES.

       The purposes of this Act are--
       (1) to establish a new nuclear waste management 
     organization;
       (2) to transfer to the new organization the functions of 
     the Secretary relating to the siting, licensing, 
     construction, and operation of nuclear waste management 
     facilities;
       (3) to establish a new consensual process for the siting of 
     nuclear waste management facilities;
       (4) to provide for centralized storage of nuclear waste 
     pending completion of a repository; and
       (5) to ensure that--
       (A) the generators and owners of nuclear waste pay the full 
     cost of the program; and
       (B) funds collected for the program are used for that 
     purpose.

     SEC. 103. DEFINITIONS.

       In this Act:
       (1) Administration.--The term ``Administration'' means the 
     Nuclear Waste Administration established by section 201.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Administration.
       (3) Affected indian tribe.--The term ``affected Indian 
     tribe'' means any Indian tribe--
       (A) within the reservation boundaries of which a repository 
     or storage facility is proposed to be located; or
       (B) that has federally defined possessory or usage rights 
     to other land outside of the reservation boundaries that--
       (i) arise out of a congressionally ratified treaty; and
       (ii) the Secretary of the Interior finds, on petition of an 
     appropriate governmental official of the Indian tribe, may be 
     substantially and adversely affected by the repository or 
     storage facility.
       (4) Affected unit of general local government.--
       (A) In general.--The term ``affected unit of general local 
     government'' means the unit of general local government that 
     has jurisdiction over the site of a repository or storage 
     facility.
       (B) Inclusion.--The term ``affected unit of general local 
     government'' may include, at the discretion of the 
     Administrator, units of general local government that are 
     contiguous with the unit that has jurisdiction over the site 
     of a repository or storage facility.
       (5) Civilian nuclear power reactor.--The term ``civilian 
     nuclear power reactor'' has the meaning given the term in 
     section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10101).
       (6) Commission.--The term ``Commission'' means the Nuclear 
     Regulatory Commission.
       (7) Contract holder.--The term ``contract holder'' means 
     any person who--
       (A) generates or holds title to nuclear waste generated at 
     a civilian nuclear power reactor; and
       (B) has entered into a contract for the disposal of nuclear 
     waste under section 302(a) of the Nuclear Waste Policy Act of 
     1982 (42 U.S.C. 10222(a)) or this Act.
       (8) Defense waste.--The term ``defense waste'' means 
     nuclear waste generated by an atomic energy defense activity 
     (as defined in section 2 of the Nuclear Waste Policy Act of 
     1982 (42 U.S.C. 10101)).
       (9) Disposal.--The term ``disposal'' has the meaning given 
     the term in section 2 of the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10101).
       (10) High-level radioactive waste.--The term ``high-level 
     radioactive waste'' has the meaning given the term in section 
     2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
       (11) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 2 of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10101).
       (12) Nuclear waste.--The term ``nuclear waste'' means--
       (A) spent nuclear fuel; and
       (B) high-level radioactive waste.
       (13) Nuclear waste activities.--The term ``nuclear waste 
     activities'' has the meaning given the term in section 11 of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2014).

[[Page S5875]]

       (14) Nuclear waste facility.--The term ``nuclear waste 
     facility'' means--
       (A) a repository; and
       (B) a storage facility.
       (15) Nuclear waste fund.--The term ``Nuclear Waste Fund'' 
     means the separate fund in the Treasury established by 
     section 302(c) of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10222(c)).
       (16) Oversight board.--The term ``Oversight Board'' means 
     the Nuclear Waste Oversight Board established by section 205.
       (17) Public liability.--The term ``public liability'' has 
     the meaning given the term in section 11 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2014).
       (18) Repository.--The term ``repository'' has the meaning 
     given the term in section 2 of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10101).
       (19) Reservation.--The term ``reservation'' has the meaning 
     given the term in section 2 of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10101).
       (20) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (21) Site characterization.--
       (A) In general.--The term ``site characterization'' means 
     the site-specific activities that the Administrator 
     determines necessary to support an application to the 
     Commission for a license to construct a repository or storage 
     facility under section 305(c).
       (B) Repository site characterization.--In the case of a 
     site for a repository, the term ``site characterization'' may 
     include borings, surface excavations, excavations of 
     exploratory shafts, limited subsurface lateral excavations 
     and borings, and in situ testing needed to evaluate the 
     suitability of a candidate site for the location of a 
     repository.
       (C) Storage site characterization.--In the case of a site 
     for an above-ground storage facility, the term ``site 
     characterization'' does not include subsurface borings and 
     excavations that the Administrator determines are uniquely 
     associated with underground disposal and unnecessary to 
     evaluate the suitability of a candidate site for the location 
     of an above-ground storage facility.
       (D) Preliminary activities.--The term ``site 
     characterization'' does not include preliminary borings and 
     geophysical testing needed to assess whether site 
     characterization should be undertaken.
       (22) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
     has the meaning given the term in section 2 of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10101).
       (23) Storage.--The term ``storage'' means the temporary 
     retention of nuclear waste pending the disposal of the 
     nuclear waste in a repository.
       (24) Storage facility.--The term ``storage facility'' means 
     a facility for the storage of nuclear waste from multiple 
     contract holders or the Secretary pending the disposal of the 
     spent nuclear fuel in a repository.
       (25) Test and evaluation facility.--The term ``test and 
     evaluation facility'' means an at-depth, prototypic 
     underground cavity used to develop data and experience for 
     the safe handling and disposal of nuclear waste in a 
     repository.
       (26) Unit of general local government.--The term ``unit of 
     general local government'' has the meaning given the term in 
     section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10101).
       (27) Working capital fund.--The term ``Working Capital 
     Fund'' means the Nuclear Waste Administration Working Capital 
     Fund established by section 401.

                 TITLE II--NUCLEAR WASTE ADMINISTRATION

     SEC. 201. ESTABLISHMENT.

       (a) Establishment.--There is established an independent 
     agency in the executive branch to be known as the ``Nuclear 
     Waste Administration''.
       (b) Purpose.--The purposes of the Administration are--
       (1) to discharge the responsibility of the Federal 
     Government to provide for the permanent disposal of nuclear 
     waste;
       (2) to protect the public health and safety and the 
     environment in discharging the responsibility under paragraph 
     (1); and
       (3) to ensure that the costs of activities under paragraph 
     (1) are borne by the persons responsible for generating the 
     nuclear waste.

     SEC. 202. PRINCIPAL OFFICERS.

       (a) Administrator.--
       (1) Appointment.--There shall be at the head of the 
     Administration a Nuclear Waste Administrator, who shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate, from among persons who are, by reason 
     of education, experience, and attainments, exceptionally well 
     qualified to perform the duties of the Administrator.
       (2) Functions and powers.--The functions and powers of the 
     Administration shall be vested in and exercised by the 
     Administrator.
       (3) Supervision and direction.--The Administration shall be 
     administrated under the supervision and direction of the 
     Administrator, who shall be responsible for the efficient and 
     coordinated management of the Administration.
       (4) Delegation.--The Administrator may, from time to time 
     and to the extent permitted by law, delegate such functions 
     of the Administrator as the Administrator determines to be 
     appropriate.
       (5) Compensation.--The President shall fix the total annual 
     compensation of the Administrator in an amount that--
       (A) is sufficient to recruit and retain a person of 
     demonstrated ability and achievement in managing large 
     corporate or governmental organizations; and
       (B) does not exceed the total annual compensation paid to 
     the Chief Executive Officer of the Tennessee Valley 
     Authority.
       (b) Deputy Administrator.--
       (1) Appointment.--There shall be in the Administration a 
     Deputy Administrator, who shall be appointed by the 
     President, by and with the advice and consent of the Senate, 
     from among persons who are, by reason of education, 
     experience, and attainments, exceptionally well qualified to 
     perform the duties of the Deputy Administrator.
       (2) Duties.--The Deputy Administrator shall--
       (A) perform such functions as the Administrator shall from 
     time to time assign or delegate; and
       (B) act as the Administrator during the absence or 
     disability of the Administrator or in the event of a vacancy 
     in the office of the Administrator.
       (3) Compensation.--The President shall fix the total annual 
     compensation of the Deputy Administrator in an amount that--
       (A) is sufficient to recruit and retain a person of 
     demonstrated ability and achievement in managing large 
     corporate or governmental organizations; and
       (B) does not exceed the total annual compensation paid to 
     the Administrator.

     SEC. 203. OTHER OFFICERS.

       (a) Establishment.--There shall be in the Administration--
       (1) a General Counsel;
       (2) a Chief Financial Officer, who shall be appointed from 
     among individuals who possess demonstrated ability in general 
     management of, and knowledge of and extensive practical 
     experience in, financial management practices in large 
     governmental or business entities; and
       (3) not more than 3 Assistant Administrators, who shall 
     perform such functions as the Administrator shall specify 
     from time to time.
       (b) Appointment.--Officers appointed under this section 
     shall--
       (1) be appointed by the Administrator;
       (2) be considered career appointees; and
       (3) be subject to section 161 d. of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2201(d)).
       (c) Order of Succession.--The Administrator may designate 
     the order in which the officers appointed pursuant to this 
     section shall act for, and perform the functions of, the 
     Administrator during the absence or disability of the 
     Administrator and the Deputy Administrator or in the event of 
     vacancies in the offices of the Administrator and the Deputy 
     Administrator.

     SEC. 204. INSPECTOR GENERAL.

       There shall be in the Administration an Inspector General, 
     who shall be appointed by the President, by and with the 
     advice and consent of the Senate, in accordance with section 
     3 of the Inspector General Act of 1978 (5 U.S.C. App.).

     SEC. 205. NUCLEAR WASTE OVERSIGHT BOARD.

       (a) Establishment.--There is established an independent 
     establishment in the executive branch, to be known as the 
     ``Nuclear Waste Oversight Board'', to oversee the 
     administration of this Act and protect the public interest in 
     the implementation of this Act.
       (b) Members.--The Oversight Board shall consist of--
       (1) the Deputy Director of the Office of Management and 
     Budget;
       (2) the Chief of Engineers of the Army Corps of Engineers; 
     and
       (3) the Deputy Secretary of Energy.
       (c) Chair.--The President shall designate 1 of the 3 
     members as chair.
       (d) Functions.--The Oversight Board shall--
       (1) review, on an ongoing basis--
       (A) the progress made by the Administrator to site, 
     construct, and operate nuclear waste facilities under this 
     Act;
       (B) the use of funds made available to the Administrator 
     under this Act;
       (C) whether the fees collected from contract holders are 
     sufficient to ensure full cost recovery or require 
     adjustment; and
       (D) the liability of the United States to contract holders;
       (2) identify any problems that may impede the 
     implementation of this Act; and
       (3) recommend to the Administrator, the President, or 
     Congress, as appropriate, any actions that may be needed to 
     ensure the implementation of this Act.
       (e) Meetings.--The Oversight Board shall meet at least once 
     every 90 days.
       (f) Reports.--The Oversight Board shall report the 
     findings, conclusions, and recommendations of the Oversight 
     Board to the Administrator, the President, and Congress not 
     less than once per year.
       (g) Executive Secretary.--The Oversight Board shall appoint 
     and fix the compensation of an Executive Secretary, who 
     shall--
       (1) assemble and maintain the reports, records, and other 
     papers of the Oversight Board; and
       (2) perform such functions as the Oversight Board shall 
     from time to time assign or delegate.
       (h) Additional Staff.--
       (1) Appointment.--The Oversight Board may appoint and fix 
     the compensation of such additional clerical and professional

[[Page S5876]]

     staff as may be necessary to discharge the responsibilities 
     of the Oversight Board.
       (2) Limitation.--The Oversight Board may appoint not more 
     than 10 clerical or professional staff members under this 
     subsection.
       (3) Supervision and direction.--The clerical and 
     professional staff of the Oversight Board shall be under the 
     supervision and direction of the Executive Secretary.
       (i) Access to Information.--
       (1) Duty to inform.--The Administrator shall keep the 
     Oversight Board fully and currently informed on all of the 
     activities of the Administration.
       (2) Production of documents.--The Administrator shall 
     provide the Oversight Board with such records, files, papers, 
     data, or information as may be requested by the Oversight 
     Board.
       (j) Support Services.--To the extent permitted by law and 
     requested by the Oversight Board, the Administrator of 
     General Services shall provide the Oversight Board with 
     necessary administrative services, facilities, and support on 
     a reimbursable basis.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Oversight Board from amounts in the 
     Nuclear Waste Fund to carry out this section such sums as are 
     necessary.

     SEC. 206. CONFORMING AMENDMENTS.

       (a) Section 901(b)(2) of title 31, United States Code, is 
     amended by adding at the end the following:
       ``(R) The Nuclear Waste Administration.''.
       (b) Section 12 of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended--
       (1) in paragraph (1), by inserting ``the Nuclear Waste 
     Administration;'' after ``Export-Import Bank;''; and
       (2) in paragraph (2), by inserting ``the Nuclear Waste 
     Administration,'' after ``Export-Import Bank,''.

                          TITLE III--FUNCTIONS

     SEC. 301. TRANSFER OF FUNCTIONS.

       There are transferred to and vested in the Administrator 
     all functions vested in the Secretary by--
       (1) the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 
     et seq.) relating to--
       (A) the construction and operation of a repository;
       (B) entering into and performing contracts for the disposal 
     of nuclear waste under section 302 of that Act (42 U.S.C. 
     10222);
       (C) the collection, adjustment, deposition, and use of fees 
     to offset expenditures for the management of nuclear waste; 
     and
       (D) the issuance of obligations under section 302(e)(5) of 
     the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(5); 
     and
       (2) section 312 of the Energy and Water Development and 
     Related Agencies Appropriations Act, 2013, relating to the 
     pilot program for the construction and operation of 1 or more 
     storage facilities to the extent provided in a cooperative 
     agreement transferred to the Administrator pursuant to 
     section 302(b).

     SEC. 302. TRANSFER OF CONTRACTS.

       (a) Disposal Contracts.--Each contract for the disposal of 
     nuclear waste entered into by the Secretary before the date 
     of enactment of this Act shall continue in effect according 
     to the terms of the contract with the Administrator 
     substituted for the Secretary.
       (b) Cooperative Agreement.--Each cooperative agreement 
     entered into by the Secretary pursuant to section 312 of the 
     Energy and Water Development and Related Agencies 
     Appropriations Act, 2013, before the date of enactment of 
     this Act shall continue in effect according to the terms of 
     the agreement with the Administrator substituted for the 
     Secretary.

     SEC. 303. ADDITIONAL FUNCTIONS.

       In addition to the functions transferred to the 
     Administrator under section 301, the Administrator may site, 
     construct, and operate--
       (1) additional repositories if the Administrator determines 
     that additional disposal capacity is necessary to meet the 
     disposal obligations of the Administrator;
       (2) a test and evaluation facility in connection with a 
     repository if the Administrator determines a test and 
     evaluation facility is necessary to develop data and 
     experience for the safe handling and disposal of nuclear 
     waste at a repository; and
       (3) additional storage facilities if the Administrator 
     determines that additional storage capacity is necessary 
     pending the availability of adequate disposal capacity.

     SEC. 304. SITING NUCLEAR WASTE FACILITIES.

       (a) In General.--In siting nuclear waste facilities under 
     this Act, the Administrator shall employ a process that--
       (1) allows affected communities to decide whether, and on 
     what terms, the affected communities will host a nuclear 
     waste facility;
       (2) is open to the public and allows interested persons to 
     be heard in a meaningful way;
       (3) is flexible and allows decisions to be reviewed and 
     modified in response to new information or new technical, 
     social, or political developments; and
       (4) is based on sound science and meets public health, 
     safety, and environmental standards.
       (b) Siting Guidelines.--
       (1) Issuance.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall issue general 
     guidelines for the consideration of candidate sites for--
       (A) repositories; and
       (B) storage facilities.
       (2) Repositories.--In adopting guidelines for repositories 
     under paragraph (1), the Administrator shall comply with the 
     requirements of section 112(a) of the Nuclear Waste Policy 
     Act of 1992 (42 U.S.C. 10132(a)).
       (3) Storage facilities.--
       (A) In general.--In adopting guidelines for storage 
     facilities under paragraph (1), the Administrator shall 
     comply with the requirements of section 112(a) of the Nuclear 
     Waste Policy Act of 1992 (42 U.S.C. 10132(a)), except to the 
     extent that section 112(a) of that Act requires consideration 
     of underground geophysical conditions that the Administrator 
     determines do not apply to above-ground storage.
       (B) Other factors.--In addition to the requirements 
     described in subparagraph (A), the guidelines for storage 
     facilities shall require the Administrator to take into 
     account the extent to which a storage facility would--
       (i) enhance the reliability and flexibility of the system 
     for the disposal of nuclear waste;
       (ii) minimize the impacts of transportation and handling of 
     nuclear waste; and
       (iii) unduly burden a State in which significant volumes 
     of--

       (I) defense wastes are stored; or
       (II) transuranic wastes are disposed.

       (4) Revisions.--The Administrator may revise the guidelines 
     in a manner consistent with this subsection and section 
     112(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10132(a)).
       (c) Identification of Candidate Sites.--
       (1) Review of potential sites.--As soon as practicable 
     after the date of the issuance of the guidelines under 
     subsection (b), the Administrator shall evaluate potential 
     sites for a nuclear waste facility to determine whether the 
     sites are suitable for site characterization.
       (2) Sites eligible for review.--The Administrator shall 
     select sites for evaluation under paragraph (1) from among 
     sites recommended by--
       (A) the Governor or duly authorized official of the State 
     in which the site is located;
       (B) the governing body of the affected unit of general 
     local government;
       (C) the governing body of an Indian tribe within the 
     reservation boundaries of which the site is located; or
       (D) the Administrator, after consultation with, and with 
     the consent of--
       (i) the Governor of the State in which the site is located;
       (ii) the governing body of the affected unit of general 
     local government; and
       (iii) the governing body of the Indian tribe, if the site 
     is located within the reservation of an Indian tribe.
       (3) Site investigations.--In evaluating a site under this 
     subsection prior to any determination of the suitability of 
     the site for site characterization, the Administrator--
       (A) shall use available geophysical, geological, 
     geochemical, hydrological, and other information; and
       (B) shall not perform any preliminary borings or 
     excavations at the site unless necessary to determine the 
     suitability of the site and authorized by the landowner.
       (4) Determination of suitability.--The Administrator shall 
     determine whether a site is suitable for site 
     characterization based on an environmental assessment of the 
     site, which shall include--
       (A) an evaluation by the Administrator of whether the site 
     qualifies for development as a nuclear waste facility under 
     the guidelines established under subsection (b), including a 
     safety case that provides the basis for confidence in the 
     safety of the proposed nuclear waste facility at the proposed 
     site;
       (B) an evaluation by the Administrator of the effects of 
     site characterization activities on public health and safety 
     and the environment;
       (C) a reasonable comparative evaluation by the 
     Administrator of the site with other sites considered by--
       (i) the Administrator under this section; or
       (ii) the Secretary under the Nuclear Waste Policy Act of 
     1982 (42 U.S.C. 10101 et seq.);
       (D) a description of the decision process by which the site 
     was recommended; and
       (E) an assessment of the regional and local impacts of 
     locating a repository or storage facility at the site.
       (d) Site Characterization.--
       (1) Selection of sites.--From among the sites determined to 
     be suitable for site characterization under subsection (c), 
     the Administrator shall select--
       (A) at least 1 site for site characterization as a 
     repository; and
       (B) at least 1 site for site characterization as a storage 
     facility.
       (2) Preference for co-located repository and storage 
     facility.--In selecting sites for site characterization as a 
     storage facility, the Administrator shall give preference to 
     sites determined to be suitable for co-location of a storage 
     facility and a repository.
       (3) Public hearings.--Before selecting a site for site 
     characterization, the Administrator shall hold public 
     hearings in the vicinity of the site and at least 1 other 
     location within the State in which the site is located--
       (A) to inform the public of the proposed site 
     characterization; and
       (B) to solicit public comments and recommendations with 
     respect to the site characterization plan of the 
     Administrator.
       (4) Consultation and cooperation agreement.--
       (A) Requirement.--Before selecting a site for site 
     characterization, the Administrator shall enter into a 
     consultation and cooperation agreement with--

[[Page S5877]]

       (i) the Governor of the State in which the site is located;
       (ii) the governing body of the affected unit of general 
     local government; and
       (iii) the governing body of an affected Indian tribe, in 
     the case of--

       (I) a site located within the boundaries of a reservation; 
     or
       (II) an Indian tribe the federally defined possessory or 
     usage rights to land outside of a reservation of which may be 
     substantially and adversely affected by the repository or 
     storage facility.

       (B) Contents.--The consultation and cooperation agreement 
     shall provide--
       (i) compensation to the State, any affected units of local 
     government, and any affected Indian tribes for any potential 
     economic, social, public health and safety, and environmental 
     impacts associated with site characterization; and
       (ii) financial and technical assistance to enable the 
     State, affected units of local government, and affected 
     Indian tribes to monitor, review, evaluate, comment on, 
     obtain information on, and make recommendations on site 
     characterization activities.
       (e) Final Site Suitability Determination.--
       (1) Determination required.--On completion of site 
     characterization activities, the Administrator shall make a 
     final determination of whether the site is suitable for 
     development as a repository or storage facility.
       (2) Basis of determination.--In making a determination 
     under paragraph (1), the Administrator shall determine if--
       (A) the site is scientifically and technically suitable for 
     development as a repository or storage facility, taking into 
     account--
       (i) whether the site meets the siting guidelines of the 
     Administrator; and
       (ii) whether there is reasonable assurance that a 
     repository or storage facility at the site will meet--

       (I) the radiation protection standards of the Administrator 
     of the Environmental Protection Agency; and
       (II) the licensing standards of the Commission; and

       (B) development of a repository or storage facility at the 
     site is in the national interest.
       (3) Public hearings.--Before making a final determination 
     under paragraph (1), the Administrator shall hold public 
     hearings in the vicinity of the site and at least 1 other 
     location within the State in which the site is located to 
     solicit public comments and recommendations on the proposed 
     determination.
       (f) Consent Agreements.--
       (1) Requirement.--On making a final determination of site 
     suitability under subsection (e), but before submitting a 
     license application to the Commission under subsection (g), 
     the Administrator shall enter into a consent agreement with--
       (A) the Governor of the State in which the site is located;
       (B) the governing body of the affected unit of general 
     local government; and
       (C) if the site is located on a reservation, the governing 
     body of the affected Indian tribe.
       (2) Contents.--The consent agreement shall--
       (A) contain the terms and conditions on which each State, 
     local government, and Indian tribe consents to host the 
     repository or storage facility; and
       (B) express the consent of each State, local government, 
     and Indian tribe to host the repository or storage facility.
       (3) Terms and conditions.--The terms and conditions under 
     paragraph (2)(A)--
       (A) shall promote the economic and social well-being of the 
     people living in the vicinity of the repository or storage 
     facility; and
       (B) may include--
       (i) financial compensation and incentives;
       (ii) economic development assistance;
       (iii) operational limitations or requirements;
       (iv) regulatory oversight authority; and
       (v) in the case of a storage facility, an enforceable 
     deadline for removing nuclear waste from the storage 
     facility.
       (4) Ratification.--No consent agreement entered into under 
     this section shall have legal effect unless ratified by law.
       (5) Binding effect.--On ratification by law, the consent 
     agreement--
       (A) shall be binding on the parties; and
       (B) shall not be amended or revoked except by mutual 
     agreement of the parties.
       (g) Submission of License Application.--On determining that 
     a site is suitable under subsection (e) and ratification of a 
     consent agreement under subsection (f), the Administrator 
     shall submit to the Commission an application for a 
     construction authorization for the repository or storage 
     facility.

     SEC. 305. LICENSING NUCLEAR WASTE FACILITIES.

       (a) Radiation Protection Standards.--Not later than 1 year 
     after the date of enactment of this Act, the Administrator of 
     the Environmental Protection Agency, pursuant to authority 
     under other provisions of law, shall adopt, by rule, 
     generally applicable standards for protection of the general 
     environment from offsite releases from radioactive material 
     in geological repositories.
       (b) Commission Regulations.--Not later than 1 year after 
     the adoption of generally applicable standards by the 
     Administrator of the Environmental Protection Agency under 
     subsection (a), the Commission, pursuant to authority under 
     other provisions of law, shall amend the regulations of the 
     Commission governing the licensing of geological repositories 
     to be consistent with any comparable standards adopted by the 
     Administrator of the Environmental Protection Agency under 
     subsection (a).
       (c) Construction Authorization.--
       (1) Applicable laws.--The Commission shall consider an 
     application for a construction authorization for a nuclear 
     waste facility in accordance with the laws (including 
     regulations) applicable to the applications.
       (2) Final decision.--Not later than 3 years after the date 
     of the submission of the application, the Commission shall 
     issue a final decision approving or disapproving the issuance 
     of a construction authorization.
       (3) Extension.--The Commission may extend the deadline 
     under paragraph (2) by not more than 1 year if, not less than 
     30 days before the deadline, the Commission submits to 
     Congress and the Administrator a written report that 
     describes--
       (A) the reason for failing to meet the deadline; and
       (B) the estimated time by which the Commission will issue a 
     final decision.

     SEC. 306. LIMITATION ON STORAGE.

       (a) In General.--Except as provided in subsection (b), the 
     Administrator may not possess, take title to, or store spent 
     nuclear fuel at a storage facility licensed under this Act 
     before ratification of a consent agreement for a repository 
     under section 304(f)(4).
       (b) Exception.--The Administrator may possess, take title 
     to, and store not more than 10,000 metric tons of spent 
     nuclear fuel at a storage facility licensed and constructed 
     pursuant to a cooperative agreement entered into before the 
     date of enactment of this Act under section 312 of the Energy 
     and Water Development and Related Agencies Appropriations 
     Act, 2013, before ratification of a consent agreement for a 
     repository under section 304(f)(4).

     SEC. 307. DEFENSE WASTE.

       (a) Disposal and Storage by Administration.--The 
     Secretary--
       (1) shall arrange for the Administrator to dispose of 
     defense wastes in a repository developed under this Act; and
       (2) may arrange for the Administrator to store spent 
     nuclear fuel from the naval nuclear propulsion program 
     pending disposal in a repository.
       (b) Memorandum of Agreement.--The arrangements shall be 
     covered by a memorandum of agreement between the Secretary 
     and the Administrator.
       (c) Costs.--The portion of the cost of developing, 
     constructing, and operating the repository or storage 
     facilities under this Act that is attributable to defense 
     wastes shall be allocated to the Federal Government and paid 
     by the Federal Government into the Working Capital Fund.
       (d) Prohibition.--No defense waste may be stored or 
     disposed of by the Administrator in any storage facility or 
     repository constructed under this Act or section 312 of the 
     Energy and Water Development and Related Agencies 
     Appropriations Act, 2013, until funds are appropriated to the 
     Working Capital Fund in an amount equal to the fees that 
     would be paid by contract holders under section 302 of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) if such 
     nuclear waste were generated by a contract holder.

     SEC. 308. TRANSPORTATION.

       (a) In General.--The Administrator shall be responsible for 
     transporting nuclear waste--
       (1) from the site of a contract holder to a storage 
     facility or repository;
       (2) from a storage facility to a repository; and
       (3) in the case of defense waste, from a Department of 
     Energy site to a repository.
       (b) Certified Packages.--No nuclear waste may be 
     transported under this Act except in packages--
       (1) the design of which has been certified by the 
     Commission; and
       (2) that have been determined by the Commission to satisfy 
     the quality assurance requirements of the Commission.
       (c) Notification.--Prior to any transportation of nuclear 
     waste under this Act, the Administrator shall provide advance 
     notification to States and Indian tribes through whose 
     jurisdiction the Administrator plans to transport the nuclear 
     waste.
       (d) Transportation Assistance.--
       (1) Public education.--The Administrator shall conduct a 
     program to provide information to the public about the 
     transportation of nuclear waste.
       (2) Training.--The Administrator shall provide financial 
     and technical assistance to States and Indian tribes through 
     whose jurisdiction the Administrator plans to transport 
     nuclear waste to train public safety officials and other 
     emergency responders on--
       (A) procedures required for the safe, routine 
     transportation of nuclear waste; and
       (B) procedures for dealing with emergency response 
     situations involving nuclear waste, including instruction 
     of--
       (i) government and tribal officials and public safety 
     officers in command and control procedures;
       (ii) emergency response personnel; and
       (iii) radiological protection and emergency medical 
     personnel.
       (3) Equipment.--The Administrator shall provide monetary 
     grants and contributions in-kind to assist States and Indian 
     tribes through whose jurisdiction the Administrator plans to 
     transport nuclear waste for the purpose of acquiring 
     equipment for responding to a transportation incident 
     involving nuclear waste.

[[Page S5878]]

       (4) Transportation safety programs.--The Administrator 
     shall provide in-kind, financial, technical, and other 
     appropriate assistance to States and Indian tribes through 
     whose jurisdiction the Administrator plans to transport 
     nuclear waste for transportation safety programs related to 
     shipments of nuclear waste.

                TITLE IV--FUNDING AND LEGAL PROCEEDINGS

     SEC. 401. WORKING CAPITAL FUND.

       (a) Establishment.--There is established in the Treasury a 
     separate fund, to be known as the ``Nuclear Waste 
     Administration Working Capital Fund'', which shall be 
     separate from the Nuclear Waste Fund.
       (b) Contents.--The Working Capital Fund shall consist of--
       (1) all fees paid by contract holders pursuant to section 
     302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10222(a)) on or after the date of enactment of this Act, 
     which shall be paid into the Working Capital Fund--
       (A) notwithstanding section 302(c)(1) of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10222(c)(1)); and
       (B) immediately on the payment of the fees;
       (2) any appropriations made by Congress to pay the share of 
     the cost of the program established under this Act 
     attributable to defense wastes; and
       (3) interest paid on the unexpended balance of the Working 
     Capital Fund.
       (c) Availability.--All funds deposited in the Working 
     Capital Fund--
       (1) shall be immediately available to the Administrator to 
     carry out the functions of the Administrator, except to the 
     extent limited in annual authorization or appropriation Acts;
       (2) shall remain available until expended; and
       (3) shall not be subject to apportionment under subchapter 
     II of chapter 15 of title 31, United States Code.
       (d) Use of Fund.--Except to the extent limited in annual 
     authorization or appropriation Acts, the Administrator may 
     make expenditures from the Working Capital Fund only for 
     purposes of carrying out functions authorized by this Act.

     SEC. 402. NUCLEAR WASTE FUND.

       (a) Elimination of Legislative Veto.--Section 302(a)(4) of 
     the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)) 
     is amended in the last sentence by striking ``transmittal 
     unless'' and all that follows through the end of the sentence 
     and inserting ``transmittal.''.
       (b) Interest on Unexpended Balances.--Section 302(e)(3) of 
     the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(3)) 
     is amended--
       (1) by striking ``Secretary'' the first, second, and fourth 
     place it appears and inserting ``Administrator of the Nuclear 
     Waste Administration''; and
       (2) by striking ``the Waste Fund'' each place it appears 
     and inserting ``the Waste Fund or the Working Capital Fund 
     established by section 401 of the Nuclear Waste 
     Administration Act of 2012''.

     SEC. 403. FULL COST RECOVERY.

       In determining whether insufficient or excess revenues are 
     being collected to ensure full cost recovery under section 
     302(a)(4) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10222(a)(4)), the Administrator shall--
       (1) assume that sufficient funds will be appropriated to 
     the Nuclear Waste Fund to cover the costs attributable to 
     disposal of defense wastes; and
       (2) take into account the additional costs resulting from 
     the enactment of this Act.

     SEC. 404. JUDICIAL REVIEW.

       (a) Jurisdiction.--
       (1) Courts of appeals.--Except for review in the Supreme 
     Court, a United States court of appeals shall have original 
     and exclusive jurisdiction over any civil action--
       (A) for review of any final decision or action of the 
     Administrator or the Commission under this Act;
       (B) alleging the failure of the Administrator or the 
     Commission to make any decision, or take any action, required 
     under this Act;
       (C) challenging the constitutionality of any decision made, 
     or action taken, under this Act; or
       (D) for review of any environmental assessment or 
     environmental impact statement prepared pursuant to the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) with respect to any action under this Act, or alleging 
     a failure to prepare any such assessment or statement with 
     respect to any such action.
       (2) Venue.--The venue of any proceeding under this section 
     shall be in--
       (A) the judicial circuit in which the petitioner involved 
     resides or has the principal office of the petitioner; or
       (B) the United States Court of Appeals for the District of 
     Columbia Circuit.
       (b) Deadline for Commencing Action.--
       (1) In general.--Except as provided in paragraph (2), a 
     civil action for judicial review described in subsection 
     (a)(1) may be brought not later than the date that is 180 
     days after the date of the decision or action or failure to 
     act involved.
       (2) No knowledge of decision or action.--If a party shows 
     that the party did not know of the decision or action 
     complained of (or of the failure to act) and that a 
     reasonable person acting under the circumstances would not 
     have known, the party may bring a civil action not later than 
     180 days after the date the party acquired actual or 
     constructive knowledge of the decision, action, or failure to 
     act.

     SEC. 405. LITIGATION AUTHORITY.

       (a) Supervision by Attorney General.--The litigation of the 
     Administration shall be subject to the supervision of the 
     Attorney General pursuant to chapter 31 of title 28, United 
     States Code.
       (b) Attorneys of Administration.--The Attorney General may 
     authorize any attorney of the Administration to conduct any 
     civil litigation of the Administration in any Federal court, 
     except the Supreme Court.

     SEC. 406. LIABILITIES.

       (a) Pending Legal Proceedings.--Any suit, cause of action, 
     or judicial proceeding commenced by or against the Secretary 
     relating to functions or contracts transferred to the 
     Administrator by this Act shall--
       (1) not abate by reason of the enactment of this Act; and
       (2) continue in effect with the Administrator substituted 
     for the Secretary.
       (b) Settlement of Pending Litigation; Contract 
     Modification.--
       (1) Settlement.--The Attorney General, in consultation with 
     the Administrator, shall settle all claims against the United 
     States by a contract holder for the breach of a contract for 
     the disposal of nuclear waste under section 302(a) of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) as a 
     condition precedent of the agreement of the Administrator to 
     take title to and store the nuclear waste of the contract 
     holder at a storage facility.
       (2) Contract modification.--The Administrator and contract 
     holders shall modify contracts entered into under section 
     302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10222(a)) in accordance with the settlement under paragraph 
     (1).
       (c) Payment of Judgments and Settlements.--Payment of 
     judgments and settlements in cases arising from the failure 
     of the Secretary failure to meet the deadline of January 31, 
     1998, to begin to dispose of nuclear waste under contracts 
     entered into under section 302(a)(1) of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10222(a)(1)) shall continue to 
     be paid from the permanent judgment appropriation established 
     pursuant to section 1304 of title 31, United States Code.
       (d) New Contracts.--Notwithstanding section 302(a)(5) of 
     the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(5)), 
     the Administrator shall not enter into any contract after the 
     date of enactment of this Act that obligates the 
     Administrator to begin disposing of nuclear waste before the 
     Commission has licensed the Administrator to operate a 
     repository or storage facility.
       (e) Nuclear Indemnification.--
       (1) Indemnification agreements.--For purposes of section 
     170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) 
     (commonly known as the ``Price-Anderson Act'')--
       (A) any person that conducts nuclear waste activities under 
     a contract with the Administrator that may involve the risk 
     of public liability shall be treated as a contractor of the 
     Secretary; and
       (B) the Secretary shall enter into an agreement of 
     indemnification with any person described in subparagraph 
     (A).
       (2) Conforming amendment.--Section 11 ff. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2014(ff)) is amended by 
     inserting ``or the Nuclear Waste Administration'' after 
     ``Secretary of Energy''.

             TITLE V--ADMINISTRATIVE AND SAVINGS PROVISIONS

     SEC. 501. ADMINISTRATIVE POWERS OF ADMINISTRATOR.

       The Administrator shall have the power--
       (1) to perform the functions of the Secretary transferred 
     to the Administrator pursuant to this Act;
       (2) to enter into contracts with any person who generates 
     or holds title to nuclear waste generated in a civilian 
     nuclear power reactor for the acceptance of title, subsequent 
     transportation, storage, and disposal of the nuclear waste;
       (3) to enter into and perform contracts, leases, and 
     cooperative agreements with public agencies, private 
     organizations, and persons necessary or appropriate to carry 
     out the functions of the Administrator;
       (4) to acquire, in the name of the United States, real 
     estate for the construction, operation, and decommissioning 
     of nuclear waste facilities;
       (5) to obtain from the Administrator of General Services 
     the services the Administrator of General Services is 
     authorized to provide agencies of the United States, on the 
     same basis as those services are provided to other agencies 
     of the United States;
       (6) to conduct nongeneric research, development, and 
     demonstration activities necessary or appropriate to carrying 
     out the functions of the Administrator; and
       (7) to make such rules and regulations, not inconsistent 
     with this Act, as may be necessary to carry out the functions 
     of the Administrator.

     SEC. 502. PERSONNEL.

       (a) Officers and Employees.--
       (1) Appointment.--In addition to the senior officers 
     described in section 203, the Administrator may appoint and 
     fix the compensation of such officers and employees as may be 
     necessary to carry out the functions of the Administration.
       (2) Compensation.--Except as provided in paragraph (3), 
     officers and employees appointed under this subsection shall 
     be appointed in accordance with the civil service laws and 
     the compensation of the officers

[[Page S5879]]

     and employees shall be fixed in accordance with title 5, 
     United States Code.
       (3) Exception.--Notwithstanding paragraph (2), the 
     Administrator may, to the extent the Administrator determines 
     necessary to discharge the responsibilities of the 
     Administrator--
       (A) appoint exceptionally well qualified individuals to 
     scientific, engineering, or other critical positions without 
     regard to the provisions of chapter 33 of title 5, United 
     States Code, governing appointments in the competitive 
     service; and
       (B) fix the basic pay of any individual appointed under 
     subparagraph (A) at a rate of not more than level I of the 
     Executive Schedule without regard to the civil service laws, 
     except that the total annual compensation of the individual 
     shall be at a rate of not more than the highest total annual 
     compensation payable under section 104 of title 3, United 
     States Code.
       (4) Merit principles.--The Administrator shall ensure that 
     the exercise of the authority granted under paragraph (3) is 
     consistent with the merit principles of section 2301 of title 
     5, United States Code.
       (b) Experts and Consultants.--The Administrator may obtain 
     the temporary or intermittent services of experts or 
     consultants as authorized by section 3109 of title 5, United 
     States Code.
       (c) Advisory Committees.--
       (1) Establishment.--The Administrator may establish, in 
     accordance with the Federal Advisory Committee Act (5 U.S.C. 
     App.), such advisory committees as the Administrator may 
     consider appropriate to assist in the performance of the 
     functions of the Administrator.
       (2) Compensation.--A member of an advisory committee, other 
     than a full-time employees of the Federal Government, may be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, as authorized by section 5703 of title 5, United 
     States Code, for individuals in the Government service 
     without pay, while attending meetings of the advisory 
     committee or otherwise serving away from the homes or regular 
     place of business of the member at the request of the 
     Administrator.

     SEC. 503. OFFICES.

       (a) Principal Office.--The principal office of the 
     Administration shall be in or near the District of Columbia.
       (b) Field Offices.--The Administrator may maintain such 
     field offices as the Administrator considers necessary to 
     carry out the functions of the Administrator.

     SEC. 504. MISSION PLAN.

       (a) In General.--The Administrator shall prepare a 
     comprehensive report (referred to in this section as the 
     ``mission plan''), which shall--
       (1) provide an informational basis sufficient to permit 
     informed decisions to be made in carrying out the functions 
     of the Administrator; and
       (2) provide verifiable indicators for oversight of the 
     performance of the Administrator.
       (b) Contents.--The mission plan shall include--
       (1) a description of the actions the Administrator plans to 
     take to carry out the functions of the Administrator under 
     this Act;
       (2) schedules and milestones for carrying out the functions 
     of the Administrator; and
       (3) an estimate of the amounts that the Administration will 
     need Congress to appropriate from the Nuclear Waste Fund (in 
     addition to amounts expected to be available from the Working 
     Capital Fund) to carry out the functions of the Nuclear Waste 
     Fund, on an annual basis.
       (c) Proposed Mission Plan.--Not later than 1 year after the 
     date of enactment of this Act, the Administrator shall submit 
     a proposed mission plan for comment to--
       (1) Congress;
       (2) the Oversight Board;
       (3) the Commission;
       (4) the Nuclear Waste Technical Review Board established by 
     section 502 of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10262);
       (5) the States;
       (6) affected Indian tribes; and
       (7) such other interested persons as the Administrator 
     considers appropriate.
       (d) Public Notice and Comment.--On submitting the proposed 
     mission plan for comment under subsection (c), the 
     Administrator shall--
       (1) publish a notice in the Federal Register of the 
     availability of the proposed mission plan for public comment; 
     and
       (2) provided interested persons an opportunity to comment 
     on the proposed plan.
       (e) Submission of Final Mission Plan.--After consideration 
     of the comments received, the Administrator shall--
       (1) revise the proposed mission plan to the extent that the 
     Administrator considers appropriate; and
       (2) submit the final mission plan to Congress, the 
     President, and the Oversight Board.
       (f) Revision of the Mission Plan.--The Administrator 
     shall--
       (1) revise the mission plan, as appropriate, to reflect 
     major changes in the planned activities, schedules, 
     milestones, and cost estimates reported in the mission plan; 
     and
       (2) submit the revised mission plan to Congress, the 
     President, and the Oversight Board prior to implementing the 
     proposed changes.

     SEC. 505. ANNUAL REPORTS.

       (a) In General.--The Administrator shall annually prepare 
     and submit to Congress, the President, and the Oversight 
     Board a comprehensive report on the activities and 
     expenditures of the Administration.
       (b) Management Report.--The annual report submitted under 
     subsection (a) shall include--
       (1) the annual management report required under section 
     9106 of title 31, United States Code; and
       (2) the report on any audit of the financial statements of 
     the Administration conducted under section 9105 of title 31, 
     United States Code.

     SEC. 506. SAVINGS PROVISIONS; TERMINATIONS.

       (a) Commission Proceedings.--This Act shall not affect any 
     proceeding or any application for any license or permit 
     pending before the Commission on the date of enactment of 
     this Act.
       (b) Authority of the Secretary.--This Act shall not 
     transfer or affect the authority of the Secretary with 
     respect to--
       (1) the maintenance, treatment, packaging, and storage of 
     defense wastes at Department of Energy sites prior to 
     delivery to, and acceptance by, the Administrator for 
     disposal in a repository;
       (2) the conduct of generic research, development, and 
     demonstration activities related to nuclear waste management, 
     including proliferation-resistant advanced fuel recycling and 
     transmutation technologies that minimize environmental and 
     public health and safety impacts; and
       (3) training and workforce development programs relating to 
     nuclear waste management.
       (c) Pilot Program.--Nothwithstanding section 304, the 
     Administrator may proceed with the siting and licensing of 1 
     or more consolidated storage facilities under a cooperative 
     agreement entered into by the Secretary pursuant to section 
     312 of the Energy and Water Development and Related Agencies 
     Appropriations Act, 2013, before the date of enactment of 
     this Act in accordance with--
       (1) the terms of the cooperative agreement; and
       (2) section 312 of the Energy and Water Development and 
     Related Agencies Appropriations Act, 2013.
       (d) Terminations.--The authority for each function of the 
     Secretary relating to the siting, construction, and operation 
     of repositories, storage facilities, or test and evaluation 
     facilities not transferred to the Administrator under this 
     Act shall terminate on the date of enactment of this Act, 
     including the authority--
       (1) to provide interim storage or monitored, retrievable 
     storage under subtitles B and C of title I of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10151 et seq.);
       (2) to site or construct a test and evaluation facility 
     under title II of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10191 et seq.); and
       (3) to issue requests for proposals or enter into 
     agreements under section 312 of the Energy and Water 
     Development and Related Agencies Appropriations Act, 2013.

     SEC. 507. TECHNICAL ASSISTANCE IN THE FIELD OF SPENT FUEL 
                   STORAGE AND DISPOSAL.

       (a) Joint Notice.--Not later than 90 days after the date of 
     enactment of this Act and annually for 5 succeeding years, 
     the Secretary and the Commission shall update and publish in 
     the Federal Register the joint notice required by section 
     223(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10203(b)).
       (b) Informing Foreign Governments.--As soon as practicable 
     after the date of the publication of the annual joint notice 
     described in subsection (a), the Secretary of State shall 
     inform the governments of nations and organizations operating 
     nuclear power plants, solicit expressions of interest, and 
     transmit any such expressions of interest to the Secretary 
     and the Commission, as provided in section 223(c) of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203(c)).
       (c) Budget Requests.--The President shall include in the 
     budget request of the President for the Commission and the 
     Department of Energy for each of fiscal years 2014 through 
     2019 such funding requests for a program of cooperation and 
     technical assistance with nations in the fields of spent 
     nuclear fuel storage and disposal as the President determines 
     appropriate in light of expressions of interest in the 
     cooperation and assistance.
       (d) Eligibility.--Notwithstanding any limitation on 
     cooperation and technical assistance to non-nuclear weapon 
     states under section 223 of the Nuclear Waste Policy Act of 
     1982 (42 U.S.C. 10203), the Secretary and the Commission may 
     cooperate with and provide technical assistance to nuclear 
     weapon states, if the Secretary and the Commission determine 
     the cooperation and technical assistance is in the national 
     interest.

     SEC. 508. NUCLEAR WASTE TECHNICAL REVIEW BOARD.

       (a) Eligibility.--Section 502(b)(3)(C)(iii)(I) of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10262(b)(3)(C)(iii)(I)) is amended by inserting ``or the 
     Nuclear Waste Administration'' after ``the Department of 
     Energy''.
       (b) Functions.--Section 503 of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10263) is amended by striking ``Secretary 
     after the date of the enactment of the Nuclear Waste Policy 
     Amendments Act of 1987'' and inserting ``Nuclear Waste 
     Administrator after the date of enactment of the Nuclear 
     Waste Administration Act of 2012''.
       (c) Production of Documents.--Section 504(b) of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10264(b)) is amended by 
     striking

[[Page S5880]]

     ``Secretary'' each place it appears and inserting ``Nuclear 
     Waste Administrator''.
       (d) Reports.--Section 508 of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10268) is amended in the first sentence by 
     striking ``Congress and the Secretary'' and inserting 
     ``Congress, the Nuclear Waste Administrator, and the Nuclear 
     Waste Oversight Board''.
       (e) Termination.--Section 510 of the Nuclear Waste Policy 
     Act of 1982 (42 U.S.C. 10270) is amended by striking 
     ``Secretary'' and inserting ``Nuclear Waste Administrator''.

     SEC. 509. REPEAL OF VOLUME LIMITATION.

       Section 114(d) of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10134(d)) is amended by striking the second and third 
     sentences.
                                 ______
                                 
      By Ms. LANDRIEU (for herself, Mr. Grassley, Mr. Begich, Mr. 
        Blunt, Mrs. Boxer, Mr. Franken, and Ms. Klobuchar):
  S. 3472. A bill to amend the Family Educational Rights and Privacy 
Act of 1974 to provide improvements to such Act; to the Committee on 
Health, Education, Labor, and Pensions.
  Ms. LANDRIEU. Mr. President, I come to the floor to speak about a 
bill that I have the pleasure of helping to lead with several of my 
colleagues, particularly Senator Grassley, who has been my long-
standing partner and a wonderful cochair of the foster care caucus. 
There are any number of us, Republicans and Democrats, who have our 
eyes on and our hearts connected to the 500,000 children who are 
technically being raised by the government.
  The government does many things well, but raising children isn't one 
of them. So it is our responsibility, when we enter into or respond to 
a case of abuse, gross abuse, neglect, or gross neglect, that we 
respond appropriately by removing children from homes who have, 
unfortunately, been tortured at times by their own parents. That, of 
course, is inconceivable to me and to many, but, unfortunately, it 
happens.
  So we remove children--hopefully temporarily--until the situation at 
home can be addressed with community services, faith-based services and 
support, where the children can be reunited with parents who have been 
healed, possibly, of their situation. That is not always the case, and 
we work as quickly as we can to find responsible and able relatives to 
take in the child--willing and able relatives, the law says, to take in 
the child with sibling groups intact. If that is not possible, then we 
seek to find a family in the community that will adopt these children.
  The thing I want to say about these wonderful children is that while 
their families may be broken--families may disintegrate for all sorts 
of reasons, including mental health, drug abuse, uncontrollable 
violence, criminal activity that disintegrates the family, and children 
are most certainly affected--these children, in many instances, aren't 
broken. Their families are broken. The possibility of these children, 
from the ages of zero to 1 or 2 or 3 or 9 or 12 or 15, being given an 
opportunity to be adopted into the loving arms of a stable family who 
will raise that child or children as their own or to be reunified with 
loving family members is ideal.
  As I said, governments do many things well, but raising children 
isn't one of them. Human beings raise other human beings, and we need 
to do a better job of placing our children in quality, temporary foster 
homes, and then finding permanent, loving homes.
  We have this crazy notion in America and around the world that 
children are grown when they are 18, so we put all of their belongings 
in a plastic bag and we say goodbye to them, and we tell them: Please 
forget my cell phone number because you have aged out of the system.
  Several of us have been working for years, including former Senator 
Chafee, for one, to create more permanent opportunities for extended, 
independent living. While I support that--it is much better than 
putting their things in a bag, their few little items after 18 years, 
and sending them on their way--we now can extend that help until they 
are 21. However, what we really need to be doing is finding families 
for these children.
  I am 57 and I still need my family. I still talk to my mother and 
father almost every day. I was with my family this weekend. They will 
be with me and have been with me for every important moment of my life. 
When did somebody get a notion that children don't need a family after 
they are 18? It is a silly notion, and it is not even true. We would 
not send our own children into the world alone by themselves. So our 
whole foster system needs great reform, and we are working on that.
  But one piece of this system that needs reform is what we are trying 
to address today by introducing the Uninterrupted Scholars Act, which 
is a bill that Senator Grassley and many others, including Senator 
Begich, Senator Blunt, Senator Boxer, Senator Franken, and Senator 
Klobuchar have graciously agreed to cosponsor and provide their 
leadership. Congresswoman Bass is a U.S. Representative from 
California's 33rd District. She, along with Congresswoman Bachmann from 
Minnesota, Congressman Marino from Pennsylvania, and Congressman 
McDermott from Washington State, has introduced the same bipartisan 
bill in the House. So we are very excited about the strong bipartisan 
support for this bill.
  All this bill says--and it makes such sense I can't believe it is not 
in the law already--is that when a child comes into the care of the 
government, the government agency responsible for the care of this 
child--now it is not parents any longer because the parents' rights 
either have been terminated or are in the process of being terminated--
the government will have the right, or the agencies representing the 
government, to their academic records.
  What is happening now is foster children are getting lost not only in 
the system but lost in their schools because of the difficulty in 
getting access to education records under the guise that these records 
should be private, et cetera.
  What is happening is some of these privacy rules are not protecting 
the children, they are protecting the system that is broken, and that 
is the problem. We are doing everything we can to protect the privacy 
of the child, but what is happening is some of these privacy rules are 
putting up a screen so that we can't find out that the school is not 
doing its job on behalf of the child, or the social workers are not 
doing their job on behalf of the child.
  So this simply streamlines the process of making sure academic 
records can be accessed by foster families--either adoptive families or 
guardians--without having to go through the courts for a long, extended 
timeframe.
  I think this is an important change. It is one of probably 100 
changes to this system that need to be made. Of course, we can make 
these new laws in Washington. A lot of this has to be carried out with 
heart and compassion and common sense, which, unfortunately, we cannot 
legislate from Washington. But what we can do is try, when we see a 
problem--this problem was identified not by me or by my staff. It was 
actually identified by foster youth who came up here this summer to 
intern and brought to our attention the issue that some of their 
records are not accessible to their foster families who are trying 
their best to raise them and to help them, et cetera. So the young 
people themselves have asked for this change. We are happy to 
accommodate that request.
  Let me end by saying again, there are over 480,000--about 400,000 to 
500,000--children who are in our foster care system representing less 
than one-half of 1 percent of all the children in America, which is 
about 100 million. But it is an important one-half of 1 percent because 
these are children whose families have failed them terribly. These are 
children who are vulnerable and need us to love them extra specially, 
to help them extra specially. That is what some of us spend a good bit 
of our time trying to do because they are willing and able to become 
great citizens of our Nation but need that extra special help.
  So this Uninterrupted Scholars Act will give access, appropriately 
with protections, to their academic records. Senator Franken has a bill 
to give them choice in public schools to help give them stability in 
their public schools, so they can stay with their friends, their 
teachers, as they, unfortunately, have to move around in the system.
  Many people will benefit--most importantly, the youth involved.
                                 ______
                                 
      By Mr. INHOFE:
  S. 3473. A bill to replace automatic spending cuts with targeted 
reforms, and for other purposes; to the Committee on Finance.

[[Page S5881]]

  Mr. INHOFE. Mr. President, I am waiting now for them to bring up a 
bill I have filed today and will have a number to go with it which I 
will announce in a moment.
  First of all, let me say that the talk of the whole country right now 
is on the sequestration problems we are having. I would only observe 
that I don't know why it is so difficult for people to understand, but 
President Obama has written four budgets and these budgets have come 
before us, and if we add up all of the deficits in the four budgets, it 
comes to $5.3 trillion worth of deficits. I suggest that is more 
deficit than all Presidents in the history of this country for the past 
200-plus years.
  So, people say, how did we get into this mess? Because when we have 
those kinds of deficits over a period of time, we wonder where it is 
coming from. Let me tell my colleagues where it didn't come from, where 
it wasn't spent, and that is military.
  I went over the first budget President Obama had. I went over to 
Afghanistan so I could make sure I could get the attention of the 
American people and let them know how this disarming of America by 
President Obama is going. Of course, if one of my colleagues was part 
of that first budget, they would know that it cut out our only fifth-
generation fighter, the F-22; our lift capacity, the C-17; the future 
combat system; the ground based interceptor in Poland. That was just 
the first budget. Then it has gotten worse since that time. Since there 
isn't time to go over that detail year by year, I can only say that the 
President has already cut in his budget over the next decade $487 
billion, roughly $500 billion, $\1/2\ trillion--from defense spending 
over the next 10 years.
  I would suggest to my colleagues that the American people--this is 
something that is very frustrating, because they assume that when we 
send our kids into battle, they have the best of equipment, and this 
just flat isn't true. The British have an AS90, a Howitzer that is 
better than ours. The Russians have the 2S19 that is better than ours. 
Even South Africa has a system that is a better nonline-of-sight cannon 
than we have in our arsenal. The Chinese have a J-10 that is better 
than ours. In fact, they are now cranking them out to where they rival 
our F-15s, F-16s, and F/A18s.
  So the point I am making here is there has been no emphasis. If we go 
out and borrow and increase the deficit by $5.3 trillion as this 
President is doing, one would think we would be in a position to have a 
lot more robust military, but the military has been consistently cut 
over that period of time.
  In the event the Obama sequestration as it is designed right now goes 
through, that will be another $\1/2\ trillion that will come out of the 
military. Even the President's own Secretary of Defense, Secretary 
Panetta, has said if these cuts take place--talking about the Obama 
sequestration cuts--in addition to what he has already cut, it would be 
``devastating to the military.'' That means we would have the smallest 
ground fleet since the 1940s, we would have the smallest fleet of ships 
since 1915, and the smallest tactical fighter capability or force in 
the history of the Air Force.
  So if we want the United States to continue providing the type of 
global leadership our people have come to expect and meet the 
expectations of the American people--when we talk to the American 
people, they are shocked when they find out other countries have things 
that are better than we have.
  If we want to beat this, then we are going to have to do something 
about, No. 1, what is happening to the military; and No. 2, the 
sequestration.
  I have it all in one bill. In a minute we will get a number for that 
bill. Anyway, it is called the Sequestration Prevention Act of 2012. It 
replaces the sequestration cuts with some smart reforms, and I am going 
to go over those in a minute to show my colleagues what they are. It 
replaces the $1.2 trillion and then has a lot of money left over.
  Let me just kind of go over what this bill would do. People keep 
saying: We cannot do anything about it. We cannot do anything about the 
sequestration, the cuts.
  We had this great committee that was supposed to be out there finding 
$1.2 trillion over a 10-year period and yet we have a President who was 
able to give us deficits of five times that much over just a 4-year 
period.
  What it does, first of all, to come up with this $1.2 trillion, plus 
rebuilding the military--we want to rebuild the military, in my 
estimation, up to 4 percent of GDP. For the last 100 years, prior to 
1990--for 100 years--the average defense spending constituted 5.7 
percent of GDP. That was the average, in times of war and in times of 
peace. Now it is all the way down, after his sequestration, to below 3 
percent; in other words, about half of that.
  What I wish to do with additional funds that come from this bill I am 
introducing today is put that back into the military and bring us up to 
4 percent of GDP--still considerably less than where we have been over 
the last 100 years.
  The first thing it does is completely repeal ObamaCare and adopts 
Paul Ryan's approach to block granting the Medicaid Program so States 
have complete control over the dollars they use to reach their low-
income populations with health care assistance. Together, these two 
changes will reduce spending by $1.1 trillion over 10 years.
  Secondly, it returns nondefense discretionary spending to the 2006 
levels. When this President came in, the amount of the nondefense 
discretionary spending surged. This would have a savings over that 
period of time of $952 billion.
  The third thing it does is it block grants the Food Stamp Program and 
converts it into a discretionary program so States have complete 
control over the design of their nutrition assistance programs to best 
meet the needs of their low-income populations. This provision reverses 
the massive expansion we have seen of the Food Stamp Program under the 
Obama administration, which has literally doubled in size, up to 100 
percent, since he took office.
  On President Obama's inauguration day, just under 32 million people 
were on food stamps. Today, it is more than 46 million people, and they 
receive these benefits. It is going to have to stop. It will continue 
to go up if we do not do something about it. This provision saves $285 
billion.
  By the way, I think it is important to know, when we look at the farm 
program, the farm program is a welfare program because they increase 
all these provisions and call it part of the farm bill. But that is a 
different subject, and I will talk about it later, not today but later.
  The fourth thing the legislation does is it reduces the Federal 
workforce by 10 percent through attrition. Nobody out there is going to 
be fired. There are not going to be any cuts. In fact, it would 
continue to have some modest increases in payment for those who are 
there. Through attrition, the savings would be about $144 billion over 
10 years.
  The fifth thing the bill does is it repeals the authority of the 
Federal Government to spend taxpayer dollars on climate change or 
global warming. This is kind of interesting because very few people 
know that--even though they remember that every time there has been a 
bill on cap and trade, there is a cost to the American people of 
somewhere between $300 billion and $400 billion a year, and people's 
heads start spinning when we talk about these large amounts. Sometimes 
in my State of Oklahoma, what I have done is take the total number of 
families who file Federal tax returns and then I apply this to it. This 
would be about $3,000 per family in my State of Oklahoma. Yet even the 
Director of the EPA admits that if we did this, it would not reduce 
CO2 emissions worldwide. That is the Director of the EPA, 
Lisa Jackson, and that is on the record. I appreciate her honesty in 
that respect.
  If we do this right now--what people do not know is this President 
has spent $68.4 billion since he has been President on all this global 
warming stuff. That is without authority because we have clearly 
defeated all those bills. What he has done through regulations is what 
he could not do through legislation. But nobody knows about it, until 
now. Now they know about it.
  Anyway, if we stop doing that over the next 10 years, that will save 
an additional $83 billion.
  Finally, the legislation includes comprehensive medical malpractice 
and

[[Page S5882]]

tort reform. That is the same thing that was passed by the House of 
Representatives and that would save $74 billion over 10 years.
  All told, all the savings generated would be $2.6 trillion--not $1.2 
trillion--$2.6 trillion over 10 years. So do not let anyone tell you, 
we cannot get there from here. Clearly, we can get there from here.
  We use the remaining amount to beef up the military to get back to 
our 4-percent level. I believe if we were to talk to the average 
American, they would say: Yes, let's go ahead and do this. Why aren't 
we doing it now?
  Let me mention one other thing before I conclude; that is, we have 
something called the WARN Act. What that does is require the 
employers--who know because of sequestration there are going to be 
layoffs--to give pink slips at least 60 days prior to the time that 
will happen. Under sequestration, if they do not adopt my act, if they 
do that, then those pink slips would have to be out there by the 2nd of 
November.
  The President does not want that to happen. He does not want the 
Obama sequestration to be pointed out and identified as to what is 
causing them to lose their jobs, so he is trying to get companies not 
to comply with the WARN Act.
  Clearly, the WARN Act says ``an employer shall not order a plant 
closing or mass layoff until the end of a 60-day period after the 
employer serves written notice of such an order.''
  The WARN Act states--this is very significant because if there are 
companies out there that are listening to the President when he is 
asking them not to issue the pink slips, this is what would happen to 
them--it states that ``any employer who orders a plant closing or mass 
layoff in violation of Section 3 . . . shall be liable to each 
aggrieved employee who suffers an employment loss as a result of such 
closing or layoff.''
  In other words, if they do not do it, then that opens the doors for 
all the trial lawyers to come in. Just imagine the cases. At Lockheed 
Martin, they say they are going to have to let go of some 120,000 
people. If they had a class action suit, each one who was let go would 
receive something like $1,000. That would be $120 million that company 
would have to pay. I cannot imagine the board of directors of any 
company anywhere in America not complying with this legal act called 
the WARN Act.
                                 ______
                                 
      By Mrs. BOXER (for herself, Mrs. Hutchison, Mr. Casey, Ms. Snowe, 
        Mrs. Shaheen, Mrs. Gillibrand, and Mr. Brown of Massachusetts):
  S. 3477. A bill to ensure that the United States promotes women's 
meaningful inclusion and participation in mediation and negotiation 
processes undertaken in order to prevent, mitigate, or resolve violent 
conflict and implements the United States National Action Plan on 
Women, Peace, and Security; to the Committee on Foreign Relations.
  Mrs. BOXER. Mr. President, I rise today to introduce the Women, 
Peace, and Security Act of 2012 with Senators Hutchison, Casey, Snowe, 
Shaheen, Gillibrand and Scott Brown. A companion bill was also 
introduced in the House of Representatives today by Representatives 
Carnahan, Berman and Schakowsky.
  This important legislation will help codify the United States 
National Action Plan on Women, Peace, and Security, which was released 
by the Obama administration in December, 2011, to help further ongoing 
U.S. initiatives regarding women, peace, and security and the 
objectives of United Nations Security Council Resolution 1325, UNSCR 
1325.
  UNSCR 1325 calls on all countries to establish national action plans 
aimed at promoting the inclusion of women in conflict resolution 
efforts and peace-building institutions, such as police services.
  This is essential because women and girls are disproportionately 
impacted by violence and armed conflict. But at the same time, we know 
that women are critical to helping prevent violence before it occurs 
and resolving crises once they begin. Furthermore, evidence shows that 
integrating women into peace-building processes helps promote democracy 
and ensure the likelihood of a peace process succeeding.
  With the National Action Plan on Women, Peace, and Security, the U.S. 
joins the more than 37 other countries who have released similar 
National Action Plans recognizing women's contributions to peace 
building and committing to support women's inclusion in all aspects of 
peace processes.
  As Chair of the Senate Foreign Relations Subcommittee on 
International Operations and Organizations, Human Rights, Democracy, 
and Global Women's Issues, I am proud of the Obama Administration for 
undertaking this important initiative, and remain committed to 
continuing to promote the full inclusion of women in all aspects of 
peace-building efforts.
  I look forward to working with my colleagues to pass this important 
legislation.

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