Jeff Bingaman: “the amendment I am offering here is an amendment to exempt measures concerning the treatment and disposal of nuclear…”

“the amendment I am offering here is an amendment to exempt measures concerning the treatment and disposal of nuclear waste from S. 1. It is my understanding that the agency primarily responsible for this issue is the Nuclear Regulatory Commission. It is one of the agencies that is not covered by title II of this legislation. This amendment I have offered here would have the effect of ensuring that both the NRC, the Nuclear Regulatory Commission, and the Congress can continue to have authority to take necessary action in this very important policy area. Without this amendment I have offered here, we are leaving the NRC with power to act in an area where it would also be out of order for this Congress itself to consider legislating. If a bill or an amendment is offered to increase the requirements to obtain a license under the Nuclear Regulatory Commission, that bill would be subject to a point of order. The NRC could do that by regulation without there being any objection raised. But if the Congress tried by statute to raise the requirements on a licensee under the authority of the Nuclear Regulatory Commission, that would be subject to a point of order. As the bill now stands, my amendment would correct that. I believe it is important to look at this issue in a historical context.…”