[House Report 106-694]
[From the U.S. Government Publishing Office]
106th Congress
2d Session HOUSE OF REPRESENTATIVES Report 106-694
Part 2
_______________________________________________________________________
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 OR THE
ADMINISTRATOR FOR NUCLEAR SECURITY
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R E P O R T
OF THE
COMMITTEE ON ARMED SERVICES
HOUSE OF REPRESENTATIVES
ON
H.R. 4446
[Including cost estimate of the Congressional Budget Office]
July 21, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
HOUSE COMMITTEE ON ARMED SERVICES
One Hundred Sixth Congress
FLOYD D. SPENCE, South Carolina, Chairman
BOB STUMP, Arizona IKE SKELTON, Missouri
DUNCAN HUNTER, California NORMAN SISISKY, Virginia
JOHN R. KASICH, Ohio JOHN M. SPRATT, Jr., South
HERBERT H. BATEMAN, Virginia Carolina
JAMES V. HANSEN, Utah SOLOMON P. ORTIZ, Texas
CURT WELDON, Pennsylvania OWEN PICKETT, Virginia
JOEL HEFLEY, Colorado LANE EVANS, Illinois
JIM SAXTON, New Jersey GENE TAYLOR, Mississippi
STEVE BUYER, Indiana NEIL ABERCROMBIE, Hawaii
TILLIE K. FOWLER, Florida MARTIN T. MEEHAN, Massachusetts
JOHN M. McHUGH, New York ROBERT A. UNDERWOOD, Guam
JAMES TALENT, Missouri PATRICK J. KENNEDY, Rhode Island
TERRY EVERETT, Alabama ROD R. BLAGOJEVICH, Illinois
ROSCOE G. BARTLETT, Maryland SILVESTRE REYES, Texas
HOWARD ``BUCK'' McKEON, California TOM ALLEN, Maine
J.C. WATTS, Jr., Oklahoma VIC SNYDER, Arkansas
MAC THORNBERRY, Texas JIM TURNER, Texas
JOHN N. HOSTETTLER, Indiana ADAM SMITH, Washington
SAXBY CHAMBLISS, Georgia LORETTA SANCHEZ, California
VAN HILLEARY, Tennessee JAMES H. MALONEY, Connecticut
JOE SCARBOROUGH, Florida MIKE McINTYRE, North Carolina
WALTER B. JONES, Jr., North CIRO D. RODRIGUEZ, Texas
Carolina CYNTHIA A. McKINNEY, Georgia
LINDSEY GRAHAM, South Carolina ELLEN O. TAUSCHER, California
JIM RYUN, Kansas ROBERT BRADY, Pennsylvania
BOB RILEY, Alabama ROBERT E. ANDREWS, New Jersey
JIM GIBBONS, Nevada BARON P. HILL, Indiana
MARY BONO, California MIKE THOMPSON, California
JOSEPH PITTS, Pennsylvania JOHN B. LARSON, Connecticut
ROBIN HAYES, North Carolina
STEVEN KUYKENDALL, California
DONALD SHERWOOD, Pennsylvania
Robert S. Rangel, Staff Director
C O N T E N T S
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Page
Purpose and Background........................................... 2
Legislative History.............................................. 3
Section-by-Section Analysis...................................... 3
Section 1--Exercise of Certain Price-Anderson Act Authorities
Through the Assistant Secretary of Energy for Environment,
Safety, and Health or the Administrator for Nuclear Security. 3
Committee Position............................................... 3
Fiscal Data...................................................... 3
Congressional Budget Office Estimate........................... 4
Committee Cost Estimate........................................ 5
Oversight Findings............................................... 5
Constitutional Authority Statement............................... 5
Statement of Federal Mandates.................................... 5
Record Vote...................................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
106th Congress Rept. 106-694
HOUSE OF REPRESENTATIVES
2d Session Part 2
======================================================================
TO CLARIFY THE MANNER IN WHICH THE SECRETARY OF ENERGY MAY EXERCISE
CERTAIN AUTHORITIES UNDER THE PRICE-ANDERSON ACT WITH RESPECT TO THE
NATIONAL NUCLEAR SECURITY ADMINISTRATION AND OTHER ELEMENTS OF THE
DEPARTMENT OF ENERGY
_______
July 21, 2000.--Ordered to be printed
_______
Mr. Spence, from the Committee on Armed Services, submitted the
following
R E P O R T
[To accompany H.R. 4446]
[Including cost estimate of the Congressional Budget Office]
The Committee on Armed Services, 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 with amendments and recommend that the
bill as amended do pass.
The amendments are as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. EXERCISE OF CERTAIN PRICE-ANDERSON ACT AUTHORITIES THROUGH
THE ASSISTANT SECRETARY OF ENERGY FOR ENVIRONMENT,
SAFETY, AND HEALTH OR THE ADMINISTRATOR FOR NUCLEAR
SECURITY.
Section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a) is
amended by adding at the end the following new subsection:
``e. With respect to any element of the Department of Energy other
than the National Nuclear Security Administration, the Secretary may
exercise any authority under this section through the Assistant
Secretary of Energy for Environment, Safety, and Health. With respect
to the National Nuclear Security Administration, the Secretary may
exercise any authority under this section only through the
Administrator for Nuclear Security, consistent with the delegation
authority of the Secretary under section 202(c)(3) of the Department of
Energy Organization Act (as added by section 3202 of the National
Nuclear Security Administration Act (title XXXII of Public Law 106-65;
113 Stat. 954; 42 U.S.C. 7132(c))).''.
Amend the title so as to read:
A bill to clarify the manner in which the Secretary of
Energy may exercise certain authorities under the Price-
Anderson Act with respect to the National Nuclear Security
Administration and other elements of the Department of Energy.
Purpose and Background
The purpose of H.R. 4446 is to ensure that the Secretary of
Energy may continue to exercise certain authorities under the
Price-Anderson Amendments Act of 1988 (Public Law 100-408)
through the Assistant Secretary of Energy for Environment,
Safety and Health or the Administrator for Nuclear Security.
H.R. 4446 would require the Secretary of Energy to exercise the
authorities to assess penalties on Department of Energy (DOE)
contractors who violate DOE nuclear safety rules and
regulations at the National Security Laboratories of the
Department of Energy in a manner consistent with the
establishment of the National Nuclear Security Administration
(NNSA) authorized by title 32 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65).
H.R. 4446 would authorize the Secretary to delegate the
exercise of these authorities, as they pertain to the NNSA, to
the Administrator for Nuclear Security only and prohibit
delegation of these authorities, as they pertain to the NNSA,
to the Assistant Secretary of Energy for Environment, Safety
and Health.
The Price-Anderson Amendments Act of 1988 amended the
Atomic Energy Act of 1954 (Public Law 83-703) to establish a
system of civil penalties for Department of Energy contractors
that violate DOE nuclear safety rules and to authorize the
Secretary of Energy to assess penalties on such violators. The
Secretary of Energy has opted administratively to delegate the
responsibility for assessing these penalties to the Assistant
Secretary of Energy for Environment, Safety, and Health.
The committee is concerned that codification of this
administrative delegation would be inconsistent with Public Law
106-65, which specifically limits the authority of the
Secretary of Energy to delegate such authority with respect to
the NNSA. Specifically, Public Law 106-65 provides that NNSA
contractors shall not be subject to the authority, direction,
or control of any DOE officer, employee, or agent other than
the Secretary, the NNSA Administrator, or the Administrator's
designee. H.R. 4446 would ensure that the Secretary's
authorities regarding the assessment of penalties for
violations of nuclear safety rules and regulations within the
NNSA may only be delegated to the NNSA Administrator. H.R. 4446
would, therefore, be consistent with the establishment of the
NNSA as a semi-autonomous administration within the Department
of Energy while ensuring that the Secretary and NNSA
Administrator may use Price-Anderson penalties to enforce
contractor compliance with all applicable safety regulations
and rules.
The committee does not intend H.R. 4446 to create or
exacerbate conflict between the stockpile stewardship and
nuclear safety missions of the Administrator. The committee
notes that the Secretary retains the option to exercise the
authority to impose civil penalties on NNSA contractors,
without delegation, or that he may direct the Administrator to
impose such penalties as the Secretary deems appropriate.
The committee does not believe H.R. 4446 would promote
inconsistent enforcement of safety rules, regulations and
orders across DOE. The committee notes that Public Law 106-65
establishes a clear framework for managing such concerns. The
Secretary is authorized to direct DOE officials, who are not
part of the NNSA, to review NNSA activities. These officials
may recommend that the Secretary take actions regarding the
administration of NNSA activities, including their consistency
with similar DOE activities. The committee notes that reviews
of NNSA contractor compliance with DOE nuclear safety rules,
regulations and orders could, if the Secretary so ordered, be
conducted by the Assistant Secretary for Environment, Safety,
and Health. H.R. 4446 would not disturb the authority of the
Secretary to direct the Administrator to provide full and open
access to NNSA sites and to take steps needed to ensure that
NNSA officials and contractors cooperate fully with DOE
investigators.
Legislative History
H.R. 4446 was introduced on May 15, 2000. The bill was
reported June 23, 2000 by the Committee on Commerce (H. Rept.
106-694, Part I). On June 23, 2000 the bill was referred to the
Committee on Armed Services.
On June 28, 2000 the Committee on Armed Services held a
markup session to consider H.R. 4446. The committee adopted an
amendment in the nature of a substitute by a voice vote. The
amended version of the bill was reported favorably by a voice
vote.
Section-by-Section Analysis
The following is a section-by-section analysis of the
amendment in the nature of a substitute adopted by the
committee.
Section 1--Exercise of Certain Price-Anderson Act Authorities Through
the Assistant Secretary of Energy for Environment, Safety, and
Health or the Administrator for Nuclear Security
This section would amend section 2282a of title 42, United
States Code, to authorize the Secretary of Energy to exercise
any authority under that provision of law with regard to any
element of the Department of Energy, other than the National
Nuclear Security Administration, through the Assistant
Secretary of Energy for Environment, Safety, and Health. This
section would also authorize the Secretary to exercise any
authority under that provision of law with regard to the
National Nuclear Security Administration only through the
Administrator for Nuclear Security.
Committee Position
On June 28, 2000, the Committee on Armed Services, a quorum
being present, approved H.R. 4446 as amended, by a voice vote.
Fiscal Data
Pursuant to clause 3(d)(2)(A) of rule XIII of the Rules of
the House of Representatives, the committee attempted to
ascertain annual outlays resulting from the bill during fiscal
year 2001 and the four following fiscal years. The results of
such effortsare reflected in the cost estimate prepared by the
Director of the Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974, which is included in this report
pursuant to clause 3(c)(3) of rule XIII of the Rules of the House.
Congressional Budget Office Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the cost estimate prepared by
the Congressional Budget Office and submitted pursuant to
section 402(a) of the Congressional Budget Act of 1974 is as
follows:
July 6, 2000.
Hon. Floyd Spence,
Chairman, Committee on Armed Services,
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.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Raymond J.
Hall and Lisa Cash Driskill.
Sincerely,
Dan L. Crippen, Director.
H.R. 4446--A bill to ensure that the Secretary of Energy may continue
to exercise certain authorities under the Price-Anderson Act
H.R. 4446 would define and clarify the lines of authority
that the Secretary of Energy has to enforce penalties for
nuclear safety violations under the Price-Anderson Act. (The
Price-Anderson Act provides a framework for resolving liability
issues in the event of an accident involving nuclear
materials.) With respect to the National Nuclear Security
Administration, the bill would require the Secretary to
exercise authority only through the Administrator for Nuclear
Security consistent with delegation authority under current
law. For the rest of the Department of Energy, the bill would
clarify the Secretary's authority to enforce the Price-Anderson
Act through the Assistant Secretary for Environment, Safety,
and Health.
CBO estimates that H.R. 4446 would have little or no effect
on the federal budget because implementing it would not require
significant changes in current practice. 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.
On May 23, 2000, CBO transmitted a cost estimate for H.R.
4446 as ordered reported by the House Committee on Commerce.
These two versions of the legislation are very similar but call
for different lines of authority. CBO estimates that the
earlier version would have no budgetary effect because it would
not change current practice. The version ordered reported by
the House Committee on Armed Services would change current
practice somewhat and thus could have a small impact on the
budget.
The CBO staff contacts for this estimate are Raymond J.
Hall and Lisa Cash Driskill. This estimate was approved by
Peter H. Fontaine, Deputy Assistant Director for Budget
Analysis.
Committee Cost Estimate
Pursuant to clause 3(d) of rule XIII of the Rules of the
House of Representatives, the committee generally concurs with
the estimate contained in the report of the Congressional
Budget Office.
Oversight Findings
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, this legislation results from
hearings and other oversight activities conducted by the
committee pursuant to clause 2(b)(1) of rule X.
With respect to clause 3(c)(2) of rule XIII of the Rules of
the House of Representatives and section 308(a)(1) of the
Congressional Budget Act of 1974, this legislation does not
include any new spending or credit authority, nor does it
provide for any increase or decrease in tax revenues or
expenditures. The fiscal features of this legislation are
addressed in the estimate prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
With respect to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, the committee has not received a
report from the Committee on Government Reform and Oversight
pertaining to the subject matter of H.R. 4446.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the committee finds the authority for
this legislation in Article I, section 8 of the United States
Constitution.
Statement of Federal Mandates
Pursuant to section 423 of Public Law 104-4, this
legislation contains no federal mandates with respect to state,
local, and tribal governments, nor with respect to the private
sector. Similarly, the bill provides no unfunded federal
intergovernmental mandates.
Record Vote
In accordance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the committee notes that no
rollcall votes were taken with respect to H.R. 4446.
The committee ordered H.R. 4446, as amended, reported to
the House with a favorable recommendation by a voice vote, a
quorum being present.
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 (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, 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. With respect to any element of the Department of Energy
other than the National Nuclear Security Administration, the
Secretary may exercise any authority under this section through
the Assistant Secretary of Energy for Environment, Safety, and
Health. With respect to the National Nuclear Security
Administration, the Secretary may exercise any authority under
this section only through the Administrator for Nuclear
Security, consistent with the delegation authority of the
Secretary under section 202(c)(3) of the Department of Energy
Organization Act (as added by section 3202 of the National
Nuclear Security Administration Act (title XXXII of Public Law
106-65; 113 Stat. 954; 42 U.S.C. 7132(c))).