[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).
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(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
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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.
____________________