November 27, 2001

I rise in support of H.R. 2983, the "Price-Anderson Reauthorization Act of 2001." The Act’s extension is essential to the licensing of any new nuclear plants, an option I believe is necessary to our energy future. The bill was reported from the Committee by a voice vote, with strong bipartisan backing.

The bill makes some important improvements to current law, particularly with respect to the indemnification of Department of Energy (DOE) contractors. These contractors perform important and often hazardous work for the country in the areas of research, management of nuclear weapons materials, and environmental cleanup.

Since its enactment in 1957, the Price-Anderson Act has provided for full indemnification of these contractors, some of whom originally worked for a dollar a year. This has meant that taxpayers are obligated to reimburse contractors working for the Department of Energy and its predecessors for any and all liability to the public in connection with any nuclear accident. This complete insulation from liability is unique in Federal contracting law, and suspends one of our legal system’s normal incentives for proper conduct by businesses involved in dangerous activities – the knowledge that they can be held accountable for their misconduct if it results in injury to others.

While Price-Anderson’s total indemnification policy may have been appropriate when it was enacted over 40 years ago, it is no longer necessary or warranted. I commend Chairman Tauzin for working with me on a compromise that holds "for profit" contractors accountable for harm caused by the intentional misconduct of their corporate officials. With respect to non-profit contractors, such as universities who run our national laboratories, the compromise subjects these entities to civil penalties for violations of DOE nuclear safety regulations. While I wish these provisions were more stringent, they are valuable reforms. I also would like to commend Subcommittee Chairman Joe Barton, Ranking Member Rick Boucher, and Representative Bart Gordon for their work in fashioning this compromise.

I would also congratulate the gentleman from Ohio [Mr. Strickland] for the important reforms he brought to the committee’s attention. As members of the House know, Mr. Strickland is a tireless advocate for his community and others in which DOE nuclear facilities are located. His amendment ends the Department’s exemption from OSHA worker safety requirements, and directs the Department to adopt equivalent safety regulations. This amendment was included in the committee bill only by dint of his dogged determination.

Finally, I commend our colleague Ed Markey, who worked with Chairman Tauzin and me to address matters of nuclear security that have become even more important in light of the events of September 11. First, the Markey-Tauzin-Dingell amendment requires the President to define those types of threats that would rightly be handled by our armed forces, such as attacks by hostile aircraft, and to develop a plan for addressing those threats. For those threats that do not fall into this initial category, the bill requires NRC to revise its design basis threat to ensure that the operators of nuclear facilities, including decommissioned reactors, are providing adequate protection for the public.

Second, the legislation requires NRC to establish and oversee a rigorous program of force-on-force exercises to assure that each nuclear facility will be able to respond adequately to a terrorist threat.

Third, the Markey-Tauzin-Dingell amendment directs NRC to use its long-held authority over the movement of radioactive materials to establish a cradle-to-grave system for tracking the movement of those materials that could pose a threat to public health, safety, or the common defense if they fell into the wrong hands. The language also directs NRC to ensure that all those involved with the movement of these material have been subject to a timely background check by appropriate federal entities, such as the FBI.

Fourth, the amendment requires NRC, within one year of enactment, to issue a rule exempting from the new manifest and background check requirements shipments of those materials, particularly radiopharmaceuticals, that do not pose a threat to the public’s health, safety or security

The Markey-Tauzin-Dingell amendment is a good, meaningful, bipartisan compromise that represents an important first step toward improved protection of our Nation’s nuclear facilities and more secure movement of nuclear materials.

I urge my colleagues to approve this important bill, which will allow for the future of nuclear energy while making important nuclear safety and security improvements.