[House Report 106-694]
[From the U.S. Government Publishing Office]



                                                                       
106th Congress                                            Rept. 106-694
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================



 
ENSURING THAT THE SECRETARY OF ENERGY MAY CONTINUE TO EXERCISE CERTAIN 
  AUTHORITIES UNDER THE PRICE-ANDERSON ACT THROUGH THE ASSISTANT 
  SECRETARY OF ENERGY FOR ENVIRONMENT, SAFETY, AND HEALTH
                                _______
                                

                 June 23, 2000.--Ordered to be printed

                                _______
                                

  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 4446]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, to whom was referred the bill 
(H.R. 4446) to ensure that the Secretary of Energy may continue 
to exercise certain authorities under the Price-Anderson Act 
through the Assistant Secretary of Energy for Environment, 
Safety, and Health, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
Committee on Government Reform Oversight Findings................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Committee Cost Estimate..........................................     4
Congressional Budget Office Estimate.............................     4
Federal Mandates Statement.......................................     5
Advisory Committee Statement.....................................     5
Constitutional Authority Statement...............................     5
Applicability to Legislative Branch..............................     6
Exchange of Committee Correspondence.............................     6
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     7
Dissenting Views.................................................     8

                          Purpose and Summary

    The purpose of H.R. 4446 is to ensure that the Secretary of 
Energy, acting through the Assistant Secretary of Energy for 
Environment, Safety, and Health, can continue to enforce the 
civil penalties section of the Price-Anderson Amendments Act, 
contained in section 234A of the Atomic Energy Act (P.L. 83-
703, 42 U.S.C. Sec. 2011 et seq.), as amended, for the entire 
Department of Energy, including the National Nuclear Security 
Administration.

                  Background and Need for Legislation

    The Price-Anderson Act (P.L. 85-256; 42 U.S.C. Sec. 2011 et 
seq.) was enacted in 1957 as an amendment to the Atomic Energy 
Act of 1954 (P.L. 83-703, 42 U.S.C. Sec. 1801 et seq.). The 
original Price-Anderson Act provided a limited indemnification 
of DOE contractors engaged in activities that involve the risk 
of a nuclear accident. The Price-Anderson Amendments Act of 
1988 (P.L. 100-408; 42 U.S.C. Sec. 2011 et seq.) the amount of 
indemnification, made the inclusion of indemnification 
provisions mandatory on all DOE contracts, and created a system 
of civil penalties (i.e., fines) for DOE contractors that 
violate any DOE rule, regulation, or order relating to nuclear 
safety. The provisions relating to civil penalties are 
contained in section 234A of the Atomic Energy Act of 1954, as 
amended.
    These civil penalties provide a valuable and important 
enforcement tool for the DOE to ensure that its contractors pay 
proper attention to nuclear safety. Implicit in the ability to 
impose civil penalties on contractors are related enforcement 
actions, including accident investigations, subpoenas for 
information, notices of violation, and orders to abate or 
correct hazardous practices. Section 234A of the Atomic Energy 
Act is enforced primarily by the Assistant Secretary of Energy 
for Environment, Safety, and Health.
    Title 32 of the National Defense Authorization Act for 
Fiscal Year 2000 (P.L. 106-65, 50 U.S.C. Sec. 2401 et seq.) 
created the semi-autonomous National Nuclear Security 
Administration (NNSA). Section 3213 of that Act provides that 
employees and contractors of the NNSA shall not be subject to 
the authority, director, or control of any officer, employee, 
or agent of the Department of Energy other than the Secretary 
of Energy, the Administrator of the NNSA, or the 
Administrator's designee. Under this provision of title 32, the 
authority of the Assistant Secretary for Environment, Safety, 
and Health is limited such that this office is no longer able 
to enforce effectively the provisions of section 234A of the 
Atomic Energy Act with respect to the facilities and operations 
of the NNSA. This office can only make recommendations to the 
NNSA Administrator or to the Secretary of Energy, but can no 
longer take direct enforcement actions such as issuing notices 
of violation, subpoenas for information, or assessment of civil 
penalties against the elements of the NNSA.
    Current law creates a clear conflict of interest for the 
NNSA Administrator, who is now charged with the potentially 
conflicting missions of stockpile stewardship and nuclear 
weapons development, as well as enforcing nuclear safety rules, 
regulations, and orders. To allow the NNSA Administrator to 
enforce the Price-Anderson civil penalties could create 
conflicting enforcement policies, different investigative 
procedures, and inconsistent enforcement across the DOE 
complex. Such inconsistencies would be especially problematic 
at the DOE sites that perform both NNSA and non-NNSA missions, 
such as the Oak Ridge National Laboratory and the Savannah 
River Site. The NNSA Act would apparently require dual Price-
Anderson enforcement regimes at those sites, with duplicative 
staffs and regulatoryinfrastructures. Further, restrictions on 
the authority of the Assistant Secretary of Energy for Environment, 
Safety, and Health over the NNSA facilities could significantly 
restrict the ability of the Assistant Secretary to gather evidence of 
violations at those sites and provide such information to the Secretary 
of Energy. NNSA employees and contractors could refuse to cooperate 
with accident investigations, denying access to essential documents or 
facilities. There could be less independent and objective information 
for the Secretary on nuclear safety compliance by the NNSA sites. The 
Committee intends that this legislation ensure that a single office at 
the Department of Energy, such as the Assistant Secretary of Energy for 
Environment, Safety, and Health, is responsible for and can be held 
accountable for the enforcement of Section 234A of the Atomic Energy 
Act for the entire DOE complex, including the NNSA. The Committee does 
not support fragmenting this responsibility between the NNSA and non-
NNSA portions of the Department of Energy.
    At the joint hearing held by the Subcommittees on Energy 
and Power and Oversight and Investigations on March 14, 2000, 
the Assistant Secretary of Energy for Environment, Safety, and 
Health testified to this conflict between the responsibilities 
of his office to enforce section 234A of the Atomic Energy Act 
and the restrictions imposed by section 3213 of the National 
Defense Authorization Act for Fiscal Year 2000 on his authority 
over the NNSA. At the March 22, 2000, legislative hearing of 
the Subcommittee for Energy and Power, the witness for the 
Alliance for Nuclear Accountability testified to the need for 
legislation to correct this problem.

                                Hearings

    The Subcommittee on Energy and Power held a legislative 
hearing on H.R. 3383 on March 22, 2000. The Subcommittee 
received testimony from: Ms. Mary Anne Sullivan, General 
Counsel, Department of Energy; the Honorable Richard A. 
Meserve, Chairman, Nuclear Regulatory Commission; the Honorable 
Jerrold R. Mande, Deputy Assistant Secretary for Labor, 
Occupational Safety and Health Administration; the Honorable 
John T. Conway, Chairman, Defense Nuclear Facilities Safety 
Board; Ms. Gary Jones, Associate Director for Energy, 
Resources, and Science Issues, Government Accounting Office; 
Dr. Charles Shank, Director, Lawrence Berkeley National 
Laboratory; Mr. Robert Van Ness, Assistant Vice President for 
Laboratory Administration, University of California; Ms. 
Maureen Eldredge, Program Director, Alliance for Nuclear 
Accountability; Dr. David Adelman, Project Attorney, Natural 
Resources Defense Council; and Mr. Richard Miller, Policy 
Analyst, PACE International Union.

                        Committee Consideration

    On April 12, 2000, the Subcommittee on Energy and Power met 
in open markup session and approved a Committee Print of this 
legislation for Full Committee consideration, as amended, by a 
voice vote. The Committee Print was subsequently introduced by 
the Subcommittee Chairman and Ranking Minority Member as H.R. 
4446. On May 17, 2000, the Committee on Commerce met in open 
markup session and ordered H.R. 4446 reported to the House, 
without amendment, by a voice vote, a quorum being present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken in connection with ordering 
H.R. 4446 reported. A motion by Mr. Bliley to order H.R. 4446 
reported to the House, without amendment, was agreed to by a 
voice vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held both legislative 
and oversight hearings and made findings that are reflected in 
this report.

           Committee on Government Reform Oversight Findings

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
4446, a bill to ensure that the Secretary of Energy may 
continue to exercise certain authorities under the Price-
Anderson Act through the Assistant Secretary of Energy for 
Environment, Safety, and Health, would result in no new or 
increased budget authority, entitlement authority, or tax 
expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 23, 2000.
Hon. Tom Bliley,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4446, a bill to 
ensure that the Secretary of Energy may continue to exercise 
certain authorities under the Price-Anderson Act through the 
Assistant Secretary of Energy for Environment, Safety, and 
Health.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lisa Cash 
Driskill.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4446--A bill to ensure that the Secretary of Energy may continue 
        to exercise certain authorities under the Price-Anderson Act 
        through the Assistant Secretary of Energy for Environment, 
        Safety, and Health

    H.R. 4446 would clarify that the Secretary of Energy has 
the authority to enforce penalties for nuclear safety 
violations under the Price-Anderson Act through the Assistant 
Secretary for Environment, Safety, and Health. (The Price-
Anderson Act provides a framework for resolving liability 
issues in the event of an accident involving nuclear 
materials.) Because the bill would not change current practice, 
CBO estimates that H.R. 4446 would have no effect on the 
federal budget. The bill contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would impose no costs on state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Lisa Cash 
Driskill. This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                  Exchange of Committee Correspondence

                          House of Representatives,
                                      Committee on Science,
                                      Washington, DC, June 7, 2000.
Hon. Thomas J. Bliley,
Chairman, Committee on Commerce, Rayburn House Office Building, 
        Washington, DC.
    Dear Tom: On May 15, 1999, Representative Barton, on behalf 
of himself and Mr. Boucher, introduced H.R. 4446--a bill to 
ensure that the Secretary of Energy may continue to exercise 
certain authorities under the Price-Anderson Act through the 
Assistant Secretary of Energy for Environment, Safety, and 
Health. The Commerce Committee held a mark-up session on May 17 
and ordered the bill reported. The bill contains provisions 
that fall within the jurisdiction of the Committee on Science. 
In particular, H.R. 4446 impacts five civilian energy 
laboratories falling within the Committee on Science's 
jurisdiction pursuant to Rule X, clause l(n)(l) of the Rules of 
the House.
    In deference to your desire to bring this legislation 
before the House in an expeditious manner, I will not exercise 
this Committee's right to a sequential referral. Despite 
waiving its consideration of H.R. 4446, the Science Committee 
does not waive its jurisdiction over H.R. 4446. Additionally, 
the Science Committee expressly reserves its authority to seek 
conferees on any provisions that are within its jurisdiction 
during any House-Senate conference that may be convened on this 
legislation. I ask for your commitment to support any request 
by the Science Committee for conferees on H.R. 4446 as well as 
any similar or related legislation.
    I request that you include this letter as part of the 
Record during consideration of the legislation on the House 
floor.
    Thank you for your consideration and attention regarding 
these matters.
            Sincerely,
                               F. James Sensenbrenner, Jr.,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                                     Committee on Commerce,
                                      Washington, DC, June 7, 2000.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on Science, House of Representatives, Rayburn House 
        Office Building, Washington, DC.
    Dear Jim: Thank you for your letter regarding your 
committee's jurisdictional interest in H.R. 4446, a bill to 
ensure that the Secretary of Energy may continue to exercise 
certain authorities under the Price-Anderson Act through the 
Assistant Secretary of Energy for Environment, Safety and 
Health.
    I acknowledge your committee's jurisdiction over portions 
of this legislation and appreciate your cooperation in moving 
the bill to the House floor expeditiously. I agree that your 
decision to forego further action on the bill will not 
prejudice the Science Committee with respect to its 
jurisdictional prerogatives on this or similar legislation. I 
will also include a copy of your letter and this response in 
the Committee's report on the bill and the Congressional Record 
when the legislation is considered by the House.
    Thank you again for your cooperation.
            Sincerely,
                                                Tom Bliley,
                                                          Chairman.

             Section-by-Section Analysis of the Legislation


Section 1. Exercise of certain Price-Anderson Act authorities through 
        the Assistant Secretary of Energy for Environment, Safety, and 
        Health

    Subsection (a) amends section 234A of the Atomic Energy Act 
of 1954 by adding a new subsection at the end of section 234A 
which provides that the Secretary of Energy may, 
notwithstanding any other provision of law, exercise any 
authority under section 234A through the Assistant Secretary of 
Energy for Environment, Safety, and Health. The 
``notwithstanding any other provision of law'' clause prevents 
section 3213 of the National Defense Authorization Act for 
Fiscal Year 2000 from barring the enforcement of section 234A 
by the Assistant Secretary of Energy for Environment, Safety, 
and Health with respect to the NNSA. This provision will ensure 
that section 234A is enforced in a consistent and efficient 
manner by a single office in the Department of Energy that is 
directly accountable to the Secretary of Energy.
    Subsection (b) establishes the effective date of this 
amendment as March 1, 2000, the same date that the NNSA became 
effective.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

             SECTION 234A OF THE ATOMIC ENERGY ACT OF 1954

    Sec. 234A. Civil Monetary Penalties for Violations of 
Department of Energy Safety Regulations.--a. * * *
    e. The Secretary may, notwithstanding any other provision 
of law, exercise any authority under this section through the 
Assistant Secretary of Energy for Environment, Safety, and 
Health.

                            DISSENTING VIEWS

    While H.R. 4446 is intended to ensure that nuclear safety 
is a fully-integrated part of operations at the National 
Weapons Laboratories, it will have the opposite effect. It will 
confuse management at the labs and at the National Nuclear 
Security Administration (NNSA).
    H.R. 4446 places an external bureaucracy--the Office of the 
Assistant Secretary of Energy for Environment, Safety, and 
Health--in charge of an integral part of NNSA activities. Under 
the National Nuclear Security Administration Act (P.L. 106-65) 
the Administrator of the NNSA is given responsibility for 
ensuring ``that the Administration complies with all applicable 
environmental, safety, and health statutes.'' The statute 
further instructs the Administrator to develop procedures to 
fully implement that responsibility. Yet, before General John 
Gordon--the President's nominee to become the Administrator of 
the NNSA--even begins his job, H.R. 4446 would undercut his 
responsibility and authority to ensure that environmental, 
safety and health statutes are fully implemented.
    H.R. 4446 separates authority from responsibility in the 
area of nuclear safety. It would also harm the national 
security mission of the NNSA by confusing the clear lines of 
responsibility in what was intended by Congress to be an 
independent agency within DOE. It recreates the problems of 
confused lines of authority that P.L. 106-65 has just fixed. 
Over the last decade, the need for clear lines of authority and 
for joining responsibility with authority has been made clear 
through numerous reports and studies. A 1997 study by the 
Institute for Defense Analyses concluded that the Department of 
Energy (DOE) suffered from confusing and redundant lines of 
authority. The 1999 report of the Commission on Sustaining 
United States Nuclear Weapons Expertise, chaired by retired 
Admiral Henry Chiles, noted DOE's weak management. And most 
recently, the President's Foreign Intelligence Advisory Board 
issued a report, entitled ``Science at its Best, Security at 
its Worst,'' which advised that in the interests of security 
and sound management a semi-autonomous agency responsible for 
the weapons complex should limit bureaucratic contact with DOE.
    This well-intentioned, but ill-designed measure must be 
corrected during further consideration to ensure that our 
common goals of nuclear safety and national security are 
advanced through the NNSA.
                                   Chris Cox.
                                   Heather Wilson.

                                  
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