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“GLENN AMENDMENTS NOS. 4631-4633” mentioning the U.S. Dept. of Energy was published in the Senate section on pages S8031-S8033 on July 17, 1996.
The publication is reproduced in full below:
GLENN AMENDMENTS NOS. 4631-4633
(Ordered to lie on the table.)
Mr. GLENN submitted three amendments intended to be proposed by him to the bill S. 1936, supra; as follows:
Amendment No. 4631
Beginning on page 95, strike line 8 and all that follows through page 97, line 20.
Amendment No. 4632
Beginning on page 73, strike line 16 and all that follows through page 74, line 3.
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Amendment No. 4633
Beginning on page 43, strike line 19 and all that follows through page 46, line 15, and insert the following:
``(d) Analysis of System Performance.--The Commission
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BRYAN AMENDMENTS NOS. 4634-4665
(Ordered to lie on the table.)
Mr. BRYAN submitted 32 amendments intended to be proposed by him to the bill S. 1936, supra; as follows:
Amendment No. 4634
On page 31, line 5, strike ``1999'' and insert ``2012''.
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Amendment No. 4635
On page 27, line 17, strike ``1998'' and insert ``2023''.
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Amendment No. 4636
On page 31, line 18, strike ``15,000'' and insert ``850''.
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Amendment No. 4637
On page 31, line 18, strike ``15,000'' and insert ``50''.
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Amendment No. 4638
On page 13, after line 13, insert ``(3) the protection offered States being considered by the Department of Energy for a permanent repository under section 145 (g) or section 141 (g) of the Nuclear Waste Policy Act of 1982''.
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Amendment No. 4639
On page 13, after line 13, insert ``(3) rights reserved for the State of Nevada under the tenth amendment of the United States Constitution.''
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Amendment No. 4640
On page 13, after line 13, insert ``(3) commitments made to the citizens of Nevada under the Nuclear Waste Policy Act of 1982.''
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Amendment No. 4641
On page 11, line 24, strike ``1999'' and insert ``2030''.
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Amendment No. 4642
On page 11, line 24, strike ``1999'' and insert ``2020''.
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Amendment No. 4643
On page 11, line 24, strike ``1999'' and insert ``2015''.
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Amendment No. 4644
On page 13, strike line 4 through line 13.
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Amendment No. 4645
On page 11, strike line 19 through line 24.
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Amendment No. 4646
On page 31, line 18, strike ``15,000'' and insert ``455''.
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Amendment No. 4647
On page 31, line 5, strike ``1999'' and insert ``2010''.
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Amendment No. 4648
On page 31, line 18, strike ``15,000'' and insert ``700''.
____
Amendment No. 4649
At the end of Title 1, add ``(h) Limitation.--Nothing in this Act shall be construed to subject the United States to financial liability for transportation, storage, or disposal of any waste generated by commercial nuclear utilities.''
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Amendment No. 4650
On page 85, strike line 13 through line 15.
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Amendment No. 4651
Strike section 508.
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Amendment No. 4652
On page 84, strike line 21 through page 85, line 11.
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Amendment No. 4653
On page 79, strike line 20 through page 80 line 8.
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Amendment No. 4654
On page 64, line 6, strike ``1.0'' and insert ``2.5''.
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Amendment No. 4655
On page 95, line 12, strike all after ``Business.'' through line 16.
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Amendment No. 4656
On page 90, strike section 603.
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Amendment No. 4657
On page 75, strike line 10 through line 20.
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Amendment No. 4658
At the appropriate place, add
SEC. . INDEPENDENT REVIEW.
(a) Establishment of Commission.
(1) In General.--The President, in consultation with the science advisor to the President and the Council on Environmental Quality, shall establish a commission to be known as the ``Nuclear Waste Policy Review Commission''
(referred to in this act as the ``Commission'').
(2) Representation of Interest Groups.--The membership and structure of the Commission shall be determined by the President with a view towards providing representation from--
(A) Environmental groups;
(B) Consumer groups;
(C) Taxpayer groups;
(D) The scientific community, including nuclear-oriented and other fields such as biology and medicine;
(E) State and local governments;
(F) Indian tribes;
(G) Transportation experts;
(H) Management experts;
(I) Federal, State, and local regulatory agencies;
(J) Utilities; and
(K) Other affected industries.
(3) Independent status.--The Commission shall be independent of the Department of Energy and other Federal agencies.
(4) Participation by the public.--The Commission shall hold public meetings and provide full opportunities for participation by all interested parties.
(b) Issues To Be Considered.
The Commission shall consider all issues related to United States policy concerning high-level, transuranic, low-level waste, and other radioactive wastes including--
(1) various options for high-level radioactive waste storage and disposal, including deep geologic disposal, on-site dry storage, monitored retrievable storage, centralized interim storage, or any other options;
(2) evaluation of the experiences of other countries in storing and disposing of radioactive waste;
(3) an analysis of funding through the Nuclear Waste Fund established by section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222), including fee sufficiency and strategies for providing equity for ratepayer contributions to the Nuclear Waste Fund;
(4) the siting and characterization process for nuclear waste programs currently in effect and alternatives to those programs;
(5) technical, managerial, economic, and policy analyses of the nuclear waste inventory of the United States; and
(6) an examination of the classification system for nuclear waste currently in effect, and options for reclassification.
(c) Report.
Not later than 2 years after the date of enactment of this Act, the Commission shall submit to Congress a report on its review under this Act, including recommendations for legislative or other action.
(d) Limitation.
Notwithstanding any other provision of this Act, the Secretary shall take no actions related to interim storage of spent nuclear fuel or high-level radioactive waste until the Commission report has been filed with Congress.
(e) Termination of Commission.
The Commission shall terminate 30 days after the date on which the Commission submits its report under section 6.
(f) Authorization of Appropriations.
There are authorized to be appropriated such sums as are necessary to carry out this Act.''
____
Amendment No. 4659
On page 27, line 8, strike ``1999'' and insert ``2010''.
____
Amendment No. 4660
At the appropriate place, add:
``SEC. 13. PRIVATE PROPERTY RIGHTS PROTECTION.
(a) Findings.--
The Congress finds that--
(1) the private ownership of property is essential to a free society and is an integral part of the American tradition of liberty and limited government;
(2) the framers of the United States Constitution, in order to protect private property and liberty, devised a framework of Government designed to diffuse power and limit Government;
(3) to further ensure the protection of private property, the fifth amendment to the United States Constitution was ratified to prevent the taking of private property by the Federal Government, except for public use and with just compensation;
(4) the purpose of the takings clause of the fifth amendment of the United States Constitution, as the Supreme Court stated in Armstrong v. United States, 364 U.S. 40, 49
(1960), is ``to bar Government from forcing some people alone to bear public burdens, which in all fairness and justice, should be borne by the public as a whole'';
(5) the Federal Government has singled out property holders to shoulder the cost that should be borne by the public, in violation of the just compensation requirement of the takings clause of the fifth amendment of the United States Constitution;
(6) there is a need both to restrain the Federal Government in its overzealous regulation of the private sector and to protect private property, which is a fundamental right of the American people; and
(7) the incremental, fact-specific approach that courts now are required to employ in the absence of adequate statutory language to vindicate property rights under the fifth amendment of the United States Constitution has been ineffective and costly and there is a need for Congress to clarify the law and provide an effective remedy.
(b) Definitions.--
(1) ``just compensation''--
(A) means compensation equal to the full extent of a property owner's loss, including the fair market value of the private property taken and business losses arising from a taking, whether the taking is by physical occupation or through regulation, exaction, other means; and
(B) shall include compounded interest calculated from the date of the taking until the date the United States tenders payment;
(2) ``owner'' means the owner or possessor of property or rights in property at the time the taking occurs, including when--
(A) the statute, regulation, rule, order, guideline, policy, or action is passed or promulgated; or
(B) the permit, license, authorization, or governmental permission is denied or suspended;
(3) ``private property'' or ``property'' means all property protected under the fifth amendment to the Constitution of the United States, any applicable Federal or State law, or this Act, and includes--
(A) real property, whether vested or unvested, including--
(i) estates in fee, life estates, estates for years, or otherwise;
(ii) inchoate interests in real property such as remainders and future interests;
(iii) personalty that is affixed to or appurtenant to real property;
(iv) easements;
(v) leaseholds;
(vi) recorded liens; and
(vii) contracts or other security interests in, or related to, real property;
(B) the right to use water or the right to receive water, including any recorded lines on such water right;
(C) rents, issues, and profits of land, including minerals, timber, fodder, crops, oil and gas, coal, or geothermal energy;
(D) property rights provided by, or memorialized in, a contract, except that such rights shall not be construed under this title to prevent the United States from prohibiting the formation of contracts deemed to harm the public welfare or to prevent the execution of contracts for--
(i) national security reasons; or
(ii) exigencies that present immediate or reasonably foreseeable threats or injuries to life or property;
(E) any interest defined as property under State law; or
(F) any interest understood to be property based on custom, usage, common law, or mutually reinforcing understandings sufficiently well-grounded in law to back a claim of interest;
(4) ``taking of private property'', ``taking'', or
``take''--
(A) means any action whereby private property is directly taken as to require compensation under the fifth amendment to the United States Constitution or under this Act, including by physical invasion, regulation, exaction, condition, or other means.
(c) Limitation.--
(1) Notwithstanding any other provision of this Act, the Secretary shall take no actions related to the transportation of spent nuclear fuel or high-level radioactive waste until publishing in the Federal Register a determination that the owners of all property likely to be subject to a taking as a result of such transportation, as defined by this Act, have received just compensation for such taking out of the Nuclear Waste Fund.
(2) Notwithstanding any other provision of this Act, the Secretary shall take no actions related to the interim storage of spent nuclear fuel or high-level radioactive waste until publishing in the Federal Register a determination that the owners of all property likely to be subject to a taking as a result of such storage, as defined by this Act, have received just compensation for such taking out of the Nuclear Waste Fund.''
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Amendment No. 4661
On page 27, line 8, strike ``1999'' and insert ``2011''.
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Amendment No. 4662
At the appropriate place, add:
``SEC. . INDEPENDENT REVIEW.
(a) Establishment of Commission.
(1) In general.--The President, in consultation with the Science Advisor to the President and the Council on Environmental Quality, shall establish a commission to be known as the ``Nuclear Waste Policy Review Commission''
(referred to in this act as the ``Commission'').
(2) Representation of interest groups.--The membership and structure of the Commission shall be determined by the President with a view towards providing representation from--
(A) Environmental groups;
(B) Consumer groups;
(C) Taxpayer groups;
(D) The scientific community, including nuclear-oriented and other fields such as biology and medicine;
(E) State and local governments;
(F) Indian tribes;
(G) Transportation experts;
(H) Management experts;
(I) Federal, state, and local regulatory agencies;
(J) Utilities; and
(K) Other affected industries.
(3) Independent status.--The Commission shall be independent of the Department of Energy and other Federal agencies.
(4) Participation by the public.--The Commission shall hold public meetings and provide full opportunities for participation by all interested parties.
(b) Issues To Be Considered.
The Commission shall consider all issues related to United States policy concerning high-level, transuranic, low-level waste, and other radioactive wastes including--
(1) various options for high-level radioactive waste storage and disposal, including deep geologic disposal, on-site dry storage, monitored retrievable storage, centralized interim storage, or any other options;
(2) evaluation of the experiences of other countries in storing and disposing of radioactive waste;
(3) an analysis of funding through the Nuclear Waste Fund established by section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222), including fee sufficiency and strategies for providing equity for ratepayer contributions to the Nuclear Waste Fund;
(4) the siting and characterization process for nuclear waste programs currently in effect and alternatives to those programs;
(5) technical, managerial, economic, and policy analyses of the nuclear waste inventory of the United States; and
(6) an examination of the classification system for nuclear waste currently in effect, and options for reclassification.
(c) Report.
Not later than 2 years after the date of enactment of this Act, the Commission shall submit to Congress a report on its review under this Act, including recommendations for legislative or other action.
(d) Termination of Commission.
The Commission shall terminate 30 days after the date on which the Commission submits its report under section 6.
(e) Authorization of Appropriations.
There are authorized to be appropriated such sums as are necessary to carry out this Act.''
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Amendment No. 4663
On page 39, strike line 3 through line 8.
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Amendment No. 4664
On page 37, strike line 13 through line 24.
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Amendment No. 4665
On page 37, strike line 5 through line 12.
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