I

104TH CONGRESS

2D SESSION H. R. 3375

To amend the Internal Revenue Code of 1986 to repeal the 1993 increase

in motor fuels tax, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 1, 1996

Mr. ROYCE introduced the following bill; which was referred to the Committee

on Ways and Means, and in addition to the Committees on Commerce,

National Security, Government Reform and Oversight, Rules, and

Science, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Internal Revenue Code of 1986 to repeal

the 1993 increase in motor fuels tax, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLES.

4 (a) SHORT TITLE FOR ACT.—This Act may be cited

5 as the ‘‘Repeal of the 1993 Gas Tax Act’’.

6 (b) SHORT TITLE FOR TITLES I–VIII.—Titles I

7 through VIII of this Act may be cited as the ‘‘Department

8 of Energy Abolishment Act’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Short titles.

Sec. 2. Table of contents.

Sec. 3. Repeal of 4.3 cent increase in motor fuel taxes.

TITLE I—ABOLISHMENT OF DEPARTMENT OF ENERGY

Sec. 101. Reestablishment of Department as Energy Programs Resolution

Agency.

Sec. 102. Functions.

Sec. 103. Deputy Administrator.

Sec. 104. Continuation of service of Department officers.

Sec. 105. Reorganization.

Sec. 106. Abolishment of Energy Programs Resolution Agency.

Sec. 107. GAO report.

Sec. 108. Conforming amendments.

Sec. 109. Effective date.

TITLE II—ENERGY LABORATORY FACILITIES

Sec. 201. Energy Laboratory Facilities Commission.

Sec. 202. Procedure for making recommendations for laboratory facilities.

Sec. 203. Reconfiguration, privatization, and closure of energy laboratories.

Sec. 204. Implementation of reconfiguration, privatization, and closure actions.

Sec. 205. Account.

Sec. 206. Reports on implementation.

Sec. 207. Congressional consideration of Commission report.

Sec. 208. Definitions.

TITLE III—PRIVATIZATION OF FEDERAL POWER MARKETING

ADMINISTRATIONS

Sec. 301. Short title.

Sec. 302. Findings.

Sec. 303. Sale of assets.

Sec. 304. Time of sales.

Sec. 305. Rate stabilization for affected customers.

Sec. 306. Licensing of projects to preserve current operating conditions.

Sec. 307. Enabling Federal studies.

Sec. 308. Bonneville Power Administration.

Sec. 309. Definitions.

TITLE IV—TRANSFER AND DISPOSAL OF RESERVES

Sec. 401. Strategic Petroleum Reserve.

Sec. 402. Transfer of naval petroleum reserves to Department of the Interior;

sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).

Sec. 403. Study regarding future of naval petroleum reserves (other than Naval

Petroleum Reserve Numbered 1).

TITLE V—NATIONAL SECURITY AND ENVIRONMENTAL

MANAGEMENT PROGRAMS
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Subtitle A—Defense Nuclear Programs Agency

Sec. 501. Definitions.

Sec. 502. Establishment and organization of Defense Nuclear Programs

Agency.

Sec. 503. Functions of Defense Nuclear Programs Agency.

Sec. 504. Transfers of functions.

Sec. 505. Limitation on transfers of funds.

Sec. 506. Transition provisions.

Sec. 507. Technical and conforming amendments.

Sec. 508. Effective date and transition period.

Subtitle B—Environmental Restoration Activities at Defense Nuclear

Facilities

Sec. 521. Environmental restoration activities at Defense nuclear facilities.

Sec. 522. Conforming amendment.

Sec. 523. Renegotiation of compliance agreements.

TITLE VI—DISPOSITION OF MISCELLANEOUS PARTICULAR

PROGRAMS, FUNCTIONS, AND AGENCIES OF DEPARTMENT

Sec. 601. Energy research and development.

Sec. 602. Energy Information Administration.

Sec. 603. Energy Regulatory Administration.

Sec. 604. Effective date.

TITLE VII—CIVILIAN RADIOACTIVE WASTE MANAGEMENT

Sec. 701. Nuclear waste repository.

TITLE VIII—MISCELLANEOUS PROVISIONS

Sec. 801. References.

Sec. 802. Exercise of authorities.

Sec. 803. Savings provisions.

Sec. 804. Transfer of assets.

Sec. 805. Delegation and assignment.

Sec. 806. Authority of Office of Management and Budget with respect to functions transferred.

Sec. 807. Proposed changes in law.

Sec. 808. Certain vesting of functions considered transfer.

Sec. 809. Definitions.

1 SEC. 3. REPEAL OF 4.3 CENT INCREASE IN MOTOR FUEL

2 TAXES.

3 (a) GASOLINE.—Clause (i) of section 4081(a)(2)(A)

4 of the Internal Revenue Code of 1986 is amended by strik5 ing ‘‘18.3 cents’’ and inserting ‘‘14 cents’’.
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1 (b) DIESEL FUEL.—Clause (ii) of section

2 4081(a)(2)(A) of such Code is amended by striking ‘‘24.3

3 cents’’ and inserting ‘‘20 cents’’.

4 (c) AVIATION FUEL.—Paragraph (1) of section

5 4091(b) of such Code is amended by striking ‘‘21.8 cents’’

6 and inserting ‘‘17.5 cents’’.

7 (d) FUEL USED ON INLAND WATERWAYS.—

8 (1) Paragraph (1) of section 4042(b) of such

9 Code is amended by adding ‘‘and’’ at the end of sub10 paragraph (A), by striking ‘‘, and’’ at the end of

11 subparagraph (B) and inserting a period, and by

12 striking subparagraph (C).

13 (2) Paragraph (2) of section 4042(b) of such

14 Code is amended by striking subparagraph (C).

15 (e) TECHNICAL AMENDMENTS.—

16 (1) Clause (ii) of section 4041(a)(1)(C) of the

17 Internal Revenue Code of 1986 is amended by strik18 ing subclauses (I), (II), and (III) and inserting the

19 following new subclauses:

20 ‘‘(I) 1.25 cents per gallon on and

21 after the date of the enactment of the

22 Repeal of the 1993 Gas Tax Act and

23 before October 1, 1999, and

24 ‘‘(II) zero after September 30,

25 1999.’’
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1 (2) Subclause (I) of section 4041(a)(1)(C)(iii)

2 of such Code is amended by striking ‘‘7.3 cents’’ and

3 inserting ‘‘3 cents’’ and by striking ‘‘4.3 cents per

4 gallon’’ and inserting ‘‘zero’’.

5 (3) Clause (i) of section 4041(a)(1)(D) of such

6 Code is amended by striking ‘‘24.3 cents’’ and in7 serting ‘‘20 cents’’.

8 (4) Subsection (a) of section 4041 of such Code

9 is amended by striking paragraph (3).

10 (5) Paragraph (5) of section 4041(c) of such

11 Code is amended by striking the last sentence.

12 (6) Clauses (i) and (ii) of section

13 4041(m)(1)(A) of such Code are amended to read as

14 follows:

15 ‘‘(i) 7 cents per gallon on and after

16 the date of the enactment of the Repeal of

17 the 1993 Gas Tax Act and before October

18 1, 1999, and

19 ‘‘(ii) zero after September 30, 1999,

20 and’’.

21 (7) Subsection (c) of section 4081 of the Inter22 nal Revenue Code of 1986 is amended by striking

23 paragraph (6) and by redesignating paragraphs (7)

24 and (8) as paragraphs (6) and (7), respectively.
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1 (8) Paragraph (1) of section 4081(d) of such

2 Code is amended by striking ‘‘4.3 cents per gallon’’

3 and inserting ‘‘zero’’.

4 (9) Subparagraph (A) of section 4091(b)(3) of

5 such Code is amended to read as follows:

6 ‘‘(A) On and after the date of the enact7 ment of the Repeal of the 1993 Gas Tax Act,

8 the rate of tax specified in paragraph (1) shall

9 be zero.’’

10 (10) Subsection (c) of section 4091 of such

11 Code is amended—

12 (A) by striking ‘‘13.4 cents’’ in paragraph

13 (1) and inserting ‘‘9.1 cents’’,

14 (B) by striking ‘‘14 cents’’ in paragraph

15 (1) and inserting ‘‘9.7 cents’’,

16 (C) by striking paragraph (4), and

17 (D) by redesignating paragraph (5) as

18 paragraph (4).

19 (11) Subsection (b) of section 4092 of such

20 Code is amended by striking ‘‘attributable to’’ and

21 all that follows through ‘‘section 4041(c)(4)).’’ and

22 inserting ‘‘attributable to the Leaking Underground

23 Storage Tank Trust Fund financing rate imposed by

24 such section. For purposes of the preceding sen25 tence, the term ‘commercial aviation’ means any use
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1 of an aircraft other than in noncommercial aviation

2 (as defined in section 4041(c)(4)).’’

3 (12) Clause (iv) of section 6421(e)(2)(B) of

4 such Code is amended by striking ‘‘apply to—’’ and

5 all that follows and inserting ‘‘apply to the taxes

6 under sections 4041(a)(1) and 4081 for the period

7 after December 31, 1993, and before January 1,

8 2000.’’

9 (13) Subparagraph (B) of section 6421(f)(2) of

10 such Code is amended by striking ‘‘and,’’ and all

11 that follows to the period.

12 (14) Subparagraph (B) of section 6421(f)(3) of

13 such Code is amended by striking clauses (i), (ii),

14 and (iii) and inserting the following new clauses:

15 ‘‘(i) 1.25 cents per gallon on and after

16 the date of the enactment of the Repeal of

17 the 1993 Gas Tax Act and before October

18 1, 1999, and

19 ‘‘(ii) zero after September 30, 1999.’’

20 (15) Subparagraph (A) of section 6427(b)(2) of

21 such Code is amended by striking ‘‘7.4 cents’’ and

22 inserting ‘‘3.1 cents’’.

23 (16) Subparagraph (B) of section 6427(l)(3) of

24 such Code is amended by striking clauses (i), (ii),

25 and (iii) and inserting the following new clauses:
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1 ‘‘(i) 1.25 cents per gallon on and after

2 the date of the enactment of the Repeal of

3 the 1993 Gas Tax Act and before October

4 1, 1999, and

5 ‘‘(ii) zero after September 30, 1999.’’

6 (17) Paragraph (4) of section 6427(l) of such

7 Code is amended by striking ‘‘attributable to’’ and

8 all that follows through the period and inserting ‘‘at9 tributable to the Leaking Underground Storage

10 Tank Trust Fund financing rate imposed by such

11 section.’’

12 (18) Paragraph (2) of section 9502(f) of such

13 Code is amended by striking ‘‘is the excess of’’ and

14 all that follows and inserting ‘‘is the rate of tax de15 termined under such section.’’

16 (19) Paragraph (2) of section 9503(f) of such

17 Code is amended by striking subparagraph (D) and

18 by redesignating subparagraph (E) as subparagraph

19 (D).

20 (20) Clauses (i) and (ii) of section

21 9503(f)(3)(A) of such Code are amended to read as

22 follows:

23 ‘‘(i) 2.5 cents per gallon on and after

24 the date of the enactment of the Repeal of
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1 the 1993 Gas Tax Act and before October

2 1, 1999, and

3 ‘‘(ii) zero after September 30, 1999.’’

4 (21) Paragraph (3) of section 9503(f) of such

5 Code is amended by striking subparagraph (C).

6 (f) EFFECTIVE DATE.—The amendments made by

7 this section shall take effect on the date of the enactment

8 of this Act.

9 TITLE I—ABOLISHMENT OF

10 DEPARTMENT OF ENERGY

11 SEC. 101. REESTABLISHMENT OF DEPARTMENT AS ENERGY

12 PROGRAMS RESOLUTION AGENCY.

13 (a) REESTABLISHMENT.—The Department of En14 ergy is hereby redesignated as the Energy Programs Reso15 lution Agency, which shall be an independent agency in

16 the executive branch of the Government.

17 (b) ADMINISTRATOR.—

18 (1) IN GENERAL.—There shall be at the head

19 of the Agency an Administrator of the Agency, who

20 shall be appointed by the President, by and with the

21 advice and consent of the Senate. The Agency shall

22 be administered under the supervision and direction

23 of the Administrator. The Administrator shall re24 ceive compensation at the rate prescribed for level II
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1 of the Executive Schedule under section 5313 of title

2 5, United States Code.

3 (2) INITIAL APPOINTMENT OF ADMINIS4 TRATOR.—Notwithstanding any other provision of

5 this Act or any other law, the President may, at any

6 time after the date of the enactment of this Act, ap7 point an individual to serve as Administrator of the

8 Energy Programs Resolution Agency (who may be

9 the Secretary of Energy), as such position is estab10 lished under paragraph (1). An appointment under

11 this paragraph may not be construed to affect the

12 position of Secretary of Energy or the authority of

13 the Secretary before the effective date specified in

14 section 109(a).

15 (c) DUTIES.—The Administrator shall be responsible

16 for—

17 (1) the administration and wind-up, during the

18 wind-up period, of all functions of the Administrator

19 pursuant to section 102 and the other provisions of

20 this Act;

21 (2) the administration and wind-up, during the

22 wind-up period, of any outstanding obligations of the

23 Federal Government under any programs terminated

24 or repealed by this Act; and
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1 (3) taking such other actions as may be nec2 essary, before the termination date, to wind up any

3 outstanding affairs of the Department of Energy.

4 SEC. 102. FUNCTIONS.

5 Except as otherwise provided in this Act, the Admin6 istrator shall perform all functions that, immediately be7 fore the effective date of this section, were functions of

8 the Department of Energy (or any office of the Depart9 ment) or were performed by the Secretary of Energy or

10 any other officer or employee of the Department in the

11 capacity as such officer or employee.

12 SEC. 103. DEPUTY ADMINISTRATOR.

13 The Agency shall have a Deputy Administrator, who

14 shall—

15 (1) be appointed by and report to the Adminis16 trator; and

17 (2) shall perform such functions as may be del18 egated by the Administrator.

19 SEC. 104. CONTINUATION OF SERVICE OF DEPARTMENT OF20 FICERS.

21 (a) CONTINUATION OF SERVICE OF SECRETARY.—

22 The individual serving on the effective date specified in

23 section 109(a) as the Secretary of Energy may serve and

24 act as Administrator until the date an individual is ap25 pointed under this title to the position of Administrator,
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1 or until the end of the 120-day period provided for in sec2 tion 3348 of title 5, United States Code (relating to limita3 tions on the period of time a vacancy may be filled tempo4 rarily), whichever is earlier.

5 (b) CONTINUATION OF SERVICE OF OTHER OFFI6 CERS.—An individual serving on the effective date speci7 fied in section 109(a) as an officer of the Department of

8 Energy other than the Secretary of Energy may continue

9 to serve and act in an equivalent capacity in the Agency

10 until the date an individual is appointed under this title

11 to the position of Administrator, or until the end of the

12 120-day period provided for in section 3348 of title 5,

13 United States Code (relating to limitations on the period

14 of time a vacancy may be filled temporarily) with respect

15 to that appointment, whichever is earlier.

16 (c) COMPENSATION FOR CONTINUED SERVICE.—Any

17 person—

18 (1) who acts as the Administrator under sub19 section (a), or

20 (2) who serves under subsection (b),

21 after the effective date specified in section 109(a) and be22 fore the first appointment of a person as Administrator

23 shall continue to be compensated for so serving at the rate

24 at which such person was compensated before such effec25 tive date.
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1 SEC. 105. REORGANIZATION.

2 The Administrator may allocate or reallocate any

3 function of the Agency pursuant to this Act among the

4 officers of the Agency, and may establish, consolidate,

5 alter, or discontinue in the Energy Programs Resolution

6 Agency any organizational entities that were entities of

7 the Department of Energy, as the Administrator considers

8 necessary or appropriate.

9 SEC. 106. ABOLISHMENT OF ENERGY PROGRAMS RESOLU10 TION AGENCY.

11 (a) IN GENERAL.—Effective on the termination date

12 under subsection (d), the Energy Programs Resolution

13 Agency is abolished.

14 (b) ABOLITION OF FUNCTIONS.—Except for func15 tions transferred or otherwise continued by this Act, all

16 functions that, immediately before the termination date,

17 were functions of the Energy Programs Resolution Agency

18 are abolished effective on the termination date.

19 (c) PLAN FOR WINDING UP AFFAIRS.—Not later

20 than the effective date specified in section 109(a), the

21 President shall submit to the Congress a plan for winding

22 up the affairs of the Agency in accordance with this Act

23 and not by later than the termination date under sub24 section (d).
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1 (d) TERMINATION DATE.—The termination date

2 under this subsection is the date that is 3 years after the

3 date of the enactment of this Act.

4 SEC. 107. GAO REPORT.

5 Not later than 180 days after the date of enactment

6 of this Act, the Comptroller General of the United States

7 shall submit to the Congress a report which shall include

8 recommendations for the most efficient means of achiev9 ing, in accordance with this Act—

10 (1) the complete abolishment of the Depart11 ment of Energy; and

12 (2) the termination or transfer or other con13 tinuation of the functions of the Department of En14 ergy.

15 SEC. 108. CONFORMING AMENDMENTS.

16 (a) PRESIDENTIAL SUCCESSION.—Section 19(d)(1)

17 of title 3, United States Code, is amended by striking

18 ‘‘Secretary of Energy,’’.

19 (b) EXECUTIVE DEPARTMENTS.—Section 101 of title

20 5, United States Code, is amended by striking the follow21 ing item:

22 ‘‘The Department of Energy.’’.

23 (c) SECRETARY’S COMPENSATION.—Section 5312 of

24 title 5, United States Code, is amended by striking the

25 following item:
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1 ‘‘Secretary of Energy.’’.

2 (d) DEPUTY SECRETARY’S COMPENSATION.—Section

3 5313 of title 5, United States Code, is amended by strik4 ing the following item:

5 ‘‘Deputy Secretary of Energy.’’.

6 (e) UNDER SECRETARY’S COMPENSATION.—Section

7 5314 of title 5, United States Code, is amended by strik8 ing the following item:

9 ‘‘Under Secretary, Department of Energy.’’.

10 (f) MISCELLANEOUS OFFICERS’ COMPENSATION.—

11 Section 5315 of title 5, United States Code, is amended—

12 (1) by striking the following items:

13 ‘‘Assistant Secretaries of Energy (8).

14 ‘‘General Counsel of the Department of Energy.

15 ‘‘Administrator, Economic Regulatory Adminis16 tration, Department of Energy.

17 ‘‘Administrator, Energy Information Adminis18 tration, Department of Energy.

19 ‘‘Inspector General, Department of Energy.

20 ‘‘Director, Office of Energy Research, Depart21 ment of Energy.’’; and

22 (2) by striking the following item:

23 ‘‘Chief Financial Officer, Department of En24 ergy.’’.
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1 (g) INSPECTOR GENERAL ACT OF 1978.—The In2 spector General Act of 1978 (5 U.S.C. App.) is amend3 ed—

4 (1) in section 9(a)(1), by striking subparagraph

5 (E);

6 (2) in section 11(1), by striking ‘‘Energy,’’;

7 (3) in section 11(2), by striking ‘‘Energy,’’;

8 (h) DEPARTMENT OF ENERGY ORGANIZATION

9 ACT.—Effective on the termination date, the following

10 provisions of the Department of Energy Organization Act

11 (42 U.S.C. 7101 et seq.) are repealed:

12 (1) Sections 1 and 2.

13 (2) Titles I, II, and III.

14 SEC. 109. EFFECTIVE DATE.

15 (a) IN GENERAL.—Except as provided in subsection

16 (b), this title shall take effect on the date that is 6 months

17 after the date of the enactment of this Act.

18 (b) PROVISIONS EFFECTIVE ON DATE OF ENACT19 MENT.—The following provisions of this title shall take ef20 fect on the date of the enactment of this Act:

21 (1) Section 101(b).

22 (2) Section 106(c).

23 (3) Section 107.
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1 TITLE II—ENERGY LABORATORY

2 FACILITIES

3 SEC. 201. ENERGY LABORATORY FACILITIES COMMISSION.

4 (a) ESTABLISHMENT.—There is established an inde5 pendent commission to be known as the ‘‘Energy Labora6 tory Facilities Commission’’, for the purpose of reducing

7 the number of energy laboratories and programs at those

8 laboratories, through reconfiguration, privatization, and

9 closure, while preserving the traditional role the energy

10 laboratories have contributed to the national defense.

11 (b) DUTIES.—The Commission shall carry out the

12 duties specified for the Commission in this title.

13 (c) APPOINTMENT.—

14 (1) IN GENERAL.—The Commission shall be

15 composed of 7 members appointed by the President,

16 by and with the advice and consent of the Senate.

17 The President shall transmit to the Senate the

18 nominations for appointment to the Commission not

19 later than 3 months after the date of the enactment

20 of this Act.

21 (2) CONSULTATION.—In selecting individuals

22 for nominations for appointments to the Commis23 sion, the President should consult with—
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1 (A) the Speaker of the House of Rep2 resentatives concerning the appointment of 2

3 members; and

4 (B) the majority leader of the Senate con5 cerning the appointment of 2 members.

6 (3) CHAIRPERSON.—At the time the President

7 nominates individuals for appointment to the Com8 mission, the President shall designate one such indi9 vidual who shall serve as Chairperson of the Com10 mission.

11 (d) TERMS.—The term of each member of the Com12 mission shall expire on the termination of the Commission

13 under subsection (l).

14 (e) MEETINGS.—Each meeting of the Commission,

15 other than meetings in which classified information is to

16 be discussed, shall be open to the public.

17 (f) VACANCIES.—A vacancy in the Commission shall

18 be filled in the same manner as the original appointment.

19 (g) PAY AND TRAVEL EXPENSES.—

20 (1) BASIC PAY.—

21 (A) PAY OF MEMBERS.—Each member,

22 other than the Chairperson, shall be paid at a

23 rate equal to the daily equivalent of the mini24 mum annual rate of basic pay payable for level

25 IV of the Executive Schedule under section
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1 5315 of title 5, United States Code, for each

2 day (including travel time) during which the

3 member is engaged in the actual performance of

4 duties vested in the Commission.

5 (B) PAY OF CHAIRPERSON.—The Chair6 person shall be paid for each day referred to in

7 subparagraph (A) at a rate equal to the daily

8 equivalent of the minimum annual rate of basic

9 pay payable for level III of the Executive

10 Schedule under section 5314 of title 5, United

11 States Code.

12 (2) TRAVEL EXPENSES.—Members shall receive

13 travel expenses, including per diem in lieu of subsist14 ence, in accordance with sections 5702 and 5703 of

15 title 5, United States Code.

16 (h) DIRECTOR.—

17 (1) IN GENERAL.—The Commission shall, with18 out regard to section 5311(b) of title 5, United

19 States Code, appoint a Director who—

20 (A) has not served as a civilian employee

21 of the Department of Energy during the 2-year

22 period preceding the date of such appointment;

23 (B) has not been an employee of an energy

24 laboratory during the 5-year period preceding

25 the date of such appointment; and
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1 (C) has not been an employee of a contrac2 tor operating an energy laboratory during the

3 5-year period preceding the date of such ap4 pointment.

5 (2) PAY.—The Director shall be paid at the

6 rate of basic pay payable for level IV of the Execu7 tive Schedule under section 5315 of title 5, United

8 States Code.

9 (i) STAFF.—

10 (1) APPOINTMENT BY DIRECTOR.—Subject to

11 paragraphs (2) and (3), the Director, with the ap12 proval of the Commission, may appoint and fix the

13 pay of additional personnel.

14 (2) APPLICABILITY OF CERTAIN CIVIL SERVICE

15 LAWS.—The Director may make such appointments

16 without regard to the provisions of title 5, United

17 States Code, governing appointments in the competi18 tive service, and any personnel so appointed may be

19 paid without regard to the provisions of chapter 51

20 and subchapter III of chapter 53 of that title relat21 ing to classification and General Schedule pay rates,

22 except that an individual so appointed may not re23 ceive pay in excess of the annual rate of basic pay

24 payable for level IV of the Executive Schedule under

25 section 5315 of title 5, United States Code.
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1 (3) LIMITATIONS.—Not more than one-third of

2 the personnel employed by or detailed to the Com3 mission shall be individuals employed by the Depart4 ment of Energy on the day before the date of the

5 enactment of this Act. No employee of an energy

6 laboratory, or of a contractor who operates an en7 ergy laboratory, may be detailed to the Commission.

8 (4) SUPPORT FROM OTHER AGENCIES.—Upon

9 request of the Director, the head of a Federal agen10 cy may detail any of the personnel of that agency to

11 the Commission to assist the Commission in carry12 ing out its duties under this title.

13 (5) SUPPORT FROM COMPTROLLER GENERAL.—

14 The Comptroller General of the United States shall

15 provide assistance, including the detailing of employ16 ees, to the Commission in accordance with an agree17 ment entered into with the Commission.

18 (j) OTHER AUTHORITY.—

19 (1) TEMPORARY AND INTERMITTENT SERV20 ICES.—The Commission may procure by contract, to

21 the extent funds are available, the temporary or

22 intermittent services of experts or consultants pursu23 ant to section 3109 of title 5, United States Code.

24 (2) AUTHORITY TO LEASE SPACE AND ACQUIRE

25 CERTAIN PROPERTY.—The Commission may lease
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1 space and acquire personal property to the extent

2 funds are available. To the extent practicable, the

3 Commission shall use suitable real property available

4 under the most recent inventory of real property as5 sets published by the Resolution Trust Corporation

6 under section 21A(b)(11)(F) of the Federal Home

7 Loan Bank Act (12 U.S.C. 1441a(b)(12)(F)).

8 (k) FUNDING.—There are authorized to be appro9 priated to the Commission such funds as are necessary

10 to carry out its duties under this title. Such funds shall

11 remain available until expended.

12 (l) TERMINATION.—The Commission shall terminate

13 not later than 30 days after the date on which it transmits

14 its final recommendations under section 202(f)(4).

15 SEC. 202. PROCEDURE FOR MAKING RECOMMENDATIONS

16 FOR LABORATORY FACILITIES.

17 (a) SELECTION CRITERIA.—In making recommenda18 tions for the reconfiguration, privatization, and closure of

19 energy laboratories and termination of programs at such

20 laboratories under this section, the Secretary or the Ad21 ministrator, as appropriate, and the Commission shall—

22 (1) give strong consideration to the closure or

23 reconfiguration of energy laboratories;

24 (2) eliminate duplication of effort by energy

25 laboratories and reduce overhead costs as a propor-
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1 tion of program benefits distributed through an en2 ergy laboratory;

3 (3) seek to achieve cost savings for the overall

4 budget for such laboratories;

5 (4) define appropriate missions for each energy

6 laboratory, and ensure that the activities of each

7 such laboratory are focused on its mission or mis8 sions;

9 (5) consider the program costs and program

10 distributions on a State and county basis, including

11 real and personal property costs associated with

12 each energy laboratory considered;

13 (6) consider the number of participants in pro14 grams conducted through an energy laboratory and

15 staff resources involved;

16 (7) estimate the cost savings and increases that

17 would accrue through the reconfiguration of energy

18 laboratories;

19 (8) consider the potential of each energy labora20 tory to generate revenues or to offset costs;

21 (9) consider the transfer of energy laboratories

22 to other Federal agencies;

23 (10) consider the privatization of the energy

24 laboratories as an alternative to closure or reconfig25 uration; and
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1 (11) be subject to the requirements of section

2 601 of this Act.

3 (b) RECOMMENDATIONS.—

4 (1) PUBLICATION AND TRANSMITTAL.—Not

5 later than 3 months after the date of the enactment

6 of this Act, the Secretary or the Administrator, as

7 appropriate, shall publish in the Federal Register

8 and transmit to the congressional energy committees

9 and to the Commission a list of the energy labora10 tories that the Secretary or the Administrator, as

11 appropriate, recommends for reconfiguration, privat12 ization, and closure.

13 (2) SUMMARY OF SELECTION PROCESS.—The

14 Secretary or the Administrator, as appropriate, shall

15 include, with the list of recommendations published

16 and transmitted pursuant to paragraph (1), a sum17 mary of the selection process that resulted in the

18 recommendation for each energy laboratory, includ19 ing a justification for each recommendation.

20 (c) EQUAL CONSIDERATION OF LABORATORIES.—In

21 considering energy laboratories for reconfiguration, privat22 ization, and closure, the Secretary or the Administrator,

23 as appropriate, shall consider all such laboratories equally

24 without regard to whether a laboratory has been pre-
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1 viously considered or proposed for reconfiguration, privat2 ization, or closure by the Secretary of Energy.

3 (d) AVAILABILITY OF INFORMATION.—The Secretary

4 or the Administrator, as appropriate, shall make available

5 to the Commission and the Comptroller General of the

6 United States all information used by the Secretary or the

7 Administrator, as appropriate, in making recommenda8 tions under this section.

9 (e) INDEPENDENT AUDIT.—(1) Within 30 days after

10 the date of the enactment of this Act, the Director of the

11 Office of Management and Budget shall issue a request

12 for proposals for the performance of an audit under para13 graph (3).

14 (2) Within 60 days after the date of the enactment

15 of this Act, proposals shall be due in response to the re16 quest under paragraph (1).

17 (3) Within 90 days after the date of the enactment

18 of this Act, the Director of the Office of Management and

19 Budget shall enter into a contract with an independent

20 financial consulting firm for an audit of the energy labora21 tories and their programs, facilities, and assets. Such

22 audit shall assess the commercial potential of the energy

23 labs and their programs and make recommendations on

24 how the Government could best realize such potential. The

25 audit shall be completed and transmitted to the Commis-
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1 sion, the Secretary or the Administrator, as appropriate,

2 and the congressional energy committees within 6 months

3 after the contract is entered into under this subsection.

4 (f) REVIEW AND RECOMMENDATIONS BY THE COM5 MISSION.—

6 (1) PUBLIC HEARINGS.—After receiving the

7 recommendations from the Secretary or the Admin8 istrator, as appropriate, pursuant to subsection (b),

9 the Commission shall provide an opportunity for

10 public comment on the recommendations for a 30-

11 day period.

12 (2) INITIAL REPORT.—Not later than 1 year

13 after the date of the enactment of this Act, the

14 Commission shall publish in the Federal Register an

15 initial report containing the Commission’s findings

16 and conclusions based on a review and analysis of

17 the recommendations made by the Secretary or the

18 Administrator, as appropriate, and the audit con19 ducted pursuant to subsection (e), together with the

20 Commission’s recommendations for reconfiguration,

21 privatization, and closure of energy laboratories. In

22 conducting such review and analysis, the Commis23 sion shall consider all energy laboratories.

24 (3) DEVIATION FROM RECOMMENDATIONS.—In

25 making its recommendations, the Commission may
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1 make changes in any of the recommendations made

2 by the Secretary or the Administrator, as appro3 priate, if the Commission determines that the Sec4 retary or the Administrator, as appropriate, deviated

5 substantially from the criteria described in sub6 section (a) in making recommendations. The Com7 mission shall explain and justify in the report any

8 recommendation made by the Commission that is

9 different from the recommendations made by the

10 Secretary or the Administrator, as appropriate.

11 (4) FINAL REPORT.—After providing a 30-day

12 period for public comment following publication of

13 the initial report under paragraph (2), and after full

14 consideration of such public comments, the Commis15 sion shall, within 15 months after the date of the

16 enactment of this Act, transmit to the Secretary or

17 the Administrator, as appropriate, and the congres18 sional energy committees a final report containing

19 the recommendations of the Commission.

20 (5) PROVISION OF CERTAIN INFORMATION.—

21 After transmitting the final report under paragraph

22 (4), the Commission shall promptly provide, upon re23 quest, to any Member of Congress information used

24 by the Commission in making its recommendations.
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1 (g) ASSISTANCE FROM COMPTROLLER GENERAL.—

2 The Comptroller General of the United States shall—

3 (1) assist the Commission, to the extent re4 quested, in the Commission’s review and analysis of

5 the recommendations made by the Secretary or the

6 Administrator, as appropriate, pursuant to sub7 section (b); and

8 (2) not later than 6 months after the date of

9 the enactment of this Act, transmit to the congres10 sional energy committees and to the Commission a

11 report containing a detailed analysis of the rec12 ommendations of the Secretary or the Adminis13 trator, as appropriate, and the selection process.

14 SEC. 203. RECONFIGURATION, PRIVATIZATION, AND CLO15 SURE OF ENERGY LABORATORIES.

16 (a) IN GENERAL.—Subject to subsection (b), the

17 Secretary or the Administrator, as appropriate, shall—

18 (1) reconfigure, within 1 year after the date of

19 the transmittal of the final report under section

20 202(f)(4), all energy laboratories recommended for

21 reconfiguration by the Commission in such report;

22 (2) provide for and complete the privatization,

23 within 18 months after the date of the transmittal

24 of the final report under section 202(f)(4), of all en-
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1 ergy laboratories recommended for privatization by

2 the Commission in such report; and

3 (3) except as necessary to achieve the privatiza4 tion of an energy laboratory under paragraph (2),

5 close, within 1 year after the date of the transmittal

6 of the final report under section 202(f)(4), all en7 ergy laboratories recommended for closure by the

8 Commission in such report.

9 (b) CONGRESSIONAL DISAPPROVAL.—

10 (1) IN GENERAL.—The Secretary or the Admin11 istrator, as appropriate, may not carry out any re12 configuration, privatization, or closure of an energy

13 laboratory recommended by the Commission in the

14 report transmitted pursuant to section 202(f)(4) if a

15 joint resolution is enacted, in accordance with the

16 provisions of section 207, disapproving the rec17 ommendations of the Commission before the earlier

18 of—

19 (A) the end of the 45-day period beginning

20 on the date on which the Commission transmits

21 the report; or

22 (B) the adjournment of Congress sine die

23 for the session during which the report is trans24 mitted.
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1 (2) For purposes of paragraph (1) of this sub2 section and subsections (a) and (c) of section 207,

3 the days on which either House of Congress is not

4 in session because of an adjournment of more than

5 three days to a day certain shall be excluded in the

6 computation of a period.

7 SEC. 204. IMPLEMENTATION OF RECONFIGURATION, PRI8 VATIZATION, AND CLOSURE ACTIONS.

9 (a) IMPLEMENTATION.—In reconfiguring,

10 privatizing, or closing an energy laboratory under this

11 title, the Secretary or the Administrator, as appropriate,

12 shall—

13 (1) take such actions as may be necessary to re14 configure, privatize, or close the energy laboratory;

15 (2) take such steps as may be necessary to en16 sure the safe keeping of all records stored at the en17 ergy laboratory; and

18 (3) reimburse other Federal agencies for ac19 tions performed at the request of the Secretary or

20 the Administrator, as appropriate, with respect to

21 any such reconfiguration, privatization, or closure,

22 and may use for such purpose funds in the Account

23 or funds appropriated to the Department of Energy

24 and available for such purpose.

25 (b) MANAGEMENT AND DISPOSAL OF PROPERTY.—
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1 (1) IN GENERAL.—The Administrator of Gen2 eral Services shall delegate to the Secretary or the

3 Administrator, as appropriate, with respect to excess

4 and surplus real property and facilities located at an

5 energy laboratory reconfigured, privatized, or closed

6 under this title—

7 (A) the authority of the Secretary or the

8 Administrator, as appropriate, to utilize excess

9 property under section 202 of the Federal

10 Property and Administrative Services Act of

11 1949 (40 U.S.C. 483);

12 (B) the authority of the Secretary or the

13 Administrator, as appropriate, to dispose of

14 surplus property under section 203 of that Act

15 (40 U.S.C. 484);

16 (C) the authority of the Secretary or the

17 Administrator, as appropriate, to grant approv18 als and make determinations under section

19 13(g) of the Surplus Property Act of 1944 (50

20 U.S.C. App. 1622(g)); and

21 (D) the authority of the Secretary or the

22 Administrator, as appropriate, to determine the

23 availability of excess or surplus real property

24 for wildlife conservation purposes in accordance
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1 with the Act of May 19, 1948 (16 U.S.C.

2 667b).

3 (2) EXERCISE OF AUTHORITY.—

4 (A) IN GENERAL.—Subject to subpara5 graph (C), the Secretary or the Administrator,

6 as appropriate, shall exercise the authority dele7 gated to the Secretary or the Administrator, as

8 appropriate, pursuant to paragraph (1) in ac9 cordance with—

10 (i) all regulations in effect on the date

11 of the enactment of this Act governing the

12 utilization of excess property and the dis13 posal of surplus property under the Fed14 eral Property and Administrative Services

15 Act of 1949; and

16 (ii) all regulations in effect on the

17 date of the enactment of this Act govern18 ing the conveyance and disposal of prop19 erty under section 13(g) of the Surplus

20 Property Act of 1944 (50 U.S.C. App.

21 1622(g)).

22 (B) REGULATIONS.—The Secretary or the

23 Administrator, as appropriate, after consulting

24 with the Administrator of General Services,

25 may issue regulations that are necessary to
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1 carry out the delegation of authority required

2 by paragraph (1).

3 (C) LIMITATION.—The authority required

4 to be delegated by paragraph (1) to the Sec5 retary or the Administrator, as appropriate, by

6 the Administrator of General Services shall not

7 include the authority to prescribe general poli8 cies and methods for utilizing excess property

9 and disposing of surplus property.

10 (c) WAIVER.—The Secretary or the Administrator, as

11 appropriate, may reconfigure, privatize, or close energy

12 laboratories under this title without regard to any provi13 sion of law restricting the use of funds for reconfiguring,

14 privatizing, or closing such energy laboratories included

15 in any appropriations or authorization Act.

16 SEC. 205. ACCOUNT.

17 (a) ESTABLISHMENT.—There is hereby established

18 on the books of the Treasury an account to be known as

19 the ‘‘Energy Laboratory Facility Closure Account’’ which

20 shall be administered by the Secretary or the Adminis21 trator, as appropriate, as a single account.

22 (b) CONTENT OF ACCOUNT.—There shall be depos23 ited into the Account—

24 (1) funds authorized for and appropriated to

25 the Account;
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1 (2) any funds that the Secretary or the Admin2 istrator, as appropriate, may, subject to approval in

3 an appropriation Act, transfer to the Account from

4 funds appropriated to the Department of Energy for

5 any purpose, except that such funds may be trans6 ferred only after the date on which the Secretary or

7 the Administrator, as appropriate, transmits written

8 notice of, and justification for, such transfer to the

9 congressional energy committees; and

10 (3) proceeds received from the transfer or dis11 posal of any property at an office reconfigured,

12 privatized, or closed under this section.

13 (c) USE OF FUNDS.—The Secretary or the Adminis14 trator, as appropriate, may use the funds in the Account

15 only for the purposes described in section 204(a).

16 (d) REPORTS.—

17 (1) IN GENERAL.—Not later than 60 days after

18 the end of each fiscal year in which the Secretary or

19 the Administrator, as appropriate, carries out activi20 ties under this title, the Secretary or the Adminis21 trator, as appropriate, shall transmit a report to the

22 congressional energy committees of the amount and

23 nature of the deposits into, and the expenditures

24 from, the Account during such fiscal year and of the
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1 amount and nature of other expenditures made pur2 suant to section 204(a) during such fiscal year.

3 (2) UNOBLIGATED FUNDS.—Unobligated funds

4 shall be held in the Account until transferred by law.

5 SEC. 206. REPORTS ON IMPLEMENTATION.

6 As part of the budget request for each fiscal year in

7 which the Secretary or the Administrator, as appropriate,

8 is authorized to carry out activities under this title, the

9 Secretary or the Administrator, as appropriate, shall

10 transmit to the congressional energy committees—

11 (1) a schedule of the reconfiguration, privatiza12 tion, and closure actions to be carried out under this

13 title in the fiscal year for which the request is made

14 and an estimate of the total expenditures required

15 and cost savings to be achieved by each such recon16 figuration, privatization, or closure and of the time

17 period in which these savings are to be achieved in

18 each case; and

19 (2) a description of the energy laboratories to

20 which functions are to be transferred as a result of

21 such reconfigurations, privatizations, and closures.

22 SEC. 207. CONGRESSIONAL CONSIDERATION OF COMMIS23 SION REPORT.

24 (a) TERMS OF THE RESOLUTION.—For purposes of

25 section 203(b), the term ‘‘joint resolution’’ means only a
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1 joint resolution which is introduced within the 10-day pe2 riod beginning on the date on which the Commission

3 transmits the report to the Congress under section

4 202(f)(4), and—

5 (1) which does not have a preamble;

6 (2) the matter after the resolving clause of

7 which is as follows: ‘‘That Congress disapproves the

8 recommendations of the Energy Laboratory Facili9 ties Commission as submitted on ’’, the blank

10 space being filled in with the appropriate date; and

11 (3) the title of which is as follows: ‘‘Joint reso12 lution disapproving the recommendations of the En13 ergy Laboratory Facilities Commission.’’.

14 (b) REFERRAL.—A resolution described in subsection

15 (a) that is introduced in the House of Representatives

16 shall be referred to the Committee on National Security

17 and the Committee on Science of the House of Represent18 atives. A resolution described in subsection (a) introduced

19 in the Senate shall be referred to the Committee on Armed

20 Services and the Committee on Energy and Natural Re21 sources of the Senate.

22 (c) DISCHARGE.—If the committee to which a resolu23 tion described in subsection (a) is referred has not re24 ported such resolution (or an identical resolution) by the

25 end of the 20-day period beginning on the date on which
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1 the Commission transmits the report to the Congress

2 under section 202(f)(4), such committee shall be, at the

3 end of such period, discharged from further consideration

4 of such resolution, and such resolution shall be placed on

5 the appropriate calendar of the House involved.

6 (d) CONSIDERATION.—

7 (1) IN GENERAL.—On or after the third day

8 after the date on which the committee to which such

9 a resolution is referred has reported, or has been

10 discharged (under subsection (c)) from further con11 sideration of, such a resolution, it is in order (even

12 though a previous motion to the same effect has

13 been disagreed to) for any Member of the respective

14 House to move to proceed to the consideration of the

15 resolution (but only on the day after the calendar

16 day on which such Member announces to the House

17 concerned the Member’s intention to do so). All

18 points of order against the resolution (and against

19 consideration of the resolution) are waived. The mo20 tion is highly privileged in the House of Representa21 tives and is privileged in the Senate and is not de22 batable. The motion is not subject to amendment,

23 or to a motion to postpone, or to a motion to pro24 ceed to the consideration of other business. A motion

25 to reconsider the vote by which the motion is agreed
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1 to or disagreed to shall not be in order. If a motion

2 to proceed to the consideration of the resolution is

3 agreed to, the respective House shall immediately

4 proceed to consideration of the joint resolution with5 out intervening motion, order, or other business, and

6 the resolution shall remain the unfinished business

7 of the respective House until disposed of.

8 (2) DEBATE.—Debate on the resolution, and on

9 all debatable motions and appeals in connection

10 therewith, shall be limited to not more than 2 hours,

11 which shall be divided equally between those favoring

12 and those opposing the resolution. An amendment to

13 the resolution is not in order. A motion further to

14 limit debate is in order and not debatable. A motion

15 to postpone, or a motion to proceed to the consider16 ation of other business, or a motion to recommit the

17 resolution is not in order. A motion to reconsider the

18 vote by which the resolution is agreed to or dis19 agreed to is not in order.

20 (3) QUORUM CALL.—Immediately following the

21 conclusion of the debate on a resolution described in

22 subsection (a) and a single quorum call at the con23 clusion of the debate if requested in accordance with

24 the rules of the appropriate House, the vote on final

25 passage of the resolution shall occur.
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1 (4) APPEALS FROM DECISION OF CHAIR.—Ap2 peals from the decisions of the Chair relating to the

3 application of the rules of the Senate or the House

4 of Representatives, as the case may be, to the proce5 dure relating to a resolution described in subsection

6 (a) shall be decided without debate.

7 (e) CONSIDERATION BY OTHER HOUSE.—

8 (1) IN GENERAL.—If, before the passage by one

9 House of a resolution of that House described in

10 subsection (a), that House receives from the other

11 House a resolution described in subsection (a), then

12 the following procedures shall apply:

13 (A) The resolution of the other House shall

14 not be referred to a committee and may not be

15 considered in the House receiving it except in

16 the case of final passage as provided in sub17 paragraph (B)(ii).

18 (B) With respect to a resolution described

19 in paragraph (1) of the House receiving the res20 olution—

21 (i) the procedure in that House shall

22 be the same as if no resolution had been

23 received from the other House; but

24 (ii) the vote on final passage shall be

25 on the resolution of the other House.
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1 (2) CONSIDERATION AFTER DISPOSITION BY

2 OTHER HOUSE.—Upon disposition of the resolution

3 received from the other House, it shall no longer be

4 in order to consider the resolution that originated in

5 the receiving House.

6 (f) RULES OF THE SENATE AND HOUSE.—This sec7 tion is enacted by Congress—

8 (1) as an exercise of the rulemaking power of

9 the Senate and House of Representatives, respec10 tively, and as such it is deemed a part of the rules

11 of each House, respectively, but applicable only with

12 respect to the procedure to be followed in that

13 House in the case of a resolution described in sub14 section (a), and it supersedes other rules only to the

15 extent that it is inconsistent with such rules; and

16 (2) with full recognition of the constitutional

17 right of either House to change the rules (so far as

18 relating to the procedure of that House) at any time,

19 in the same manner, and to the same extent as in

20 the case of any other rule of that House.

21 SEC. 208. DEFINITIONS.

22 For purposes of this title:

23 (1) The term ‘‘Account’’ means the Energy

24 Laboratory Facility Closure Account established in

25 section 205(a).
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1 (2) The term ‘‘Administrator’’ has the meaning

2 given such term in section 809(1) of this Act.

3 (3) The term ‘‘Commission’’ means the Energy

4 Laboratory Facilities Commission.

5 (4) The term ‘‘congressional energy commit6 tees’’ means the Committee on Armed Services of

7 the Senate, the Committee on National Security of

8 the House of Representatives, the Committee on

9 Science of the House of Representatives, and the

10 Committee on Energy and Natural Resources of the

11 Senate.

12 (5) The term ‘‘energy laboratory’’ means the

13 Lawrence Livermore National Laboratory, the Los

14 Alamos National Laboratory, the Sandia National

15 Laboratories, the Argonne National Laboratory, the

16 Brookhaven National Laboratory, the Idaho Na17 tional Engineering Laboratory, the Lawrence Berke18 ley Laboratory, the Oak Ridge National Laboratory,

19 the Pacific Northwest Laboratory, the National Re20 newable Energy Laboratory, the Ames Laboratory,

21 the Bates Linear Accelerator Laboratory, the Bettis

22 Atomic Power Laboratory, the Continuous Electron

23 Beam Accelerator Facility, the Energy Technology

24 Engineering Center, the Environmental Measure25 ments Laboratory, the Fermi National Accelerator
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1 Laboratory, the Inhalation Toxicology Research In2 stitute, the Knolls Atomic Power Laboratory, the

3 Laboratory of Radiobiology and Environmental

4 Health, the Morgantown Energy Technology Center,

5 the National Renewable Energy Laboratory, the

6 New Brunswick Laboratory, the Oak Ridge Institute

7 for Science and Education, the Pittsburgh Energy

8 Technology Center, the Princeton Plasma Physics

9 Laboratory, the Savannah River Ecology Labora10 tory, the Savannah River Technology Center, the

11 Specific Manufacturing Capability Facility, or the

12 Stanford Linear Accelerator Facility.

13 (6) The term ‘‘the Secretary or the Adminis14 trator, as appropriate’’ means the Secretary of En15 ergy, or, after the effective date stated in section

16 109(a), the Administrator.

17 TITLE III—PRIVATIZATION OF

18 FEDERAL POWER MARKET19 ING ADMINISTRATIONS

20 SEC. 301. SHORT TITLE.

21 This title may be cited as the ‘‘Federal Power Asset

22 Privatization Act of 1995’’.

23 SEC. 302. FINDINGS.

24 The Congress finds that:
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1 (1) the Federal Power Marketing Administra2 tions, over the years, have served to help bring elec3 tricity to many areas in the Nation;

4 (2) they have done so with the investment of

5 the American taxpayer;

6 (3) the necessity of federally owned power gen7 eration and transmission facilities has passed and

8 halting this practice is in the best national interest

9 of the United States;

10 (4) in fairness to the longtime consumers of

11 Federal Power Marketing Administrations, any proc12 ess of sale should be open to them;

13 (5) the taxpayers, through investing in the con14 struction and operation, have established equity in

15 the facilities; and

16 (6) this equity entitles the American taxpayer

17 to expect the highest possible return in the sale

18 process.

19 SEC. 303. SALE OF ASSETS.

20 (a) SALE OF ASSETS.—The Secretary is authorized

21 and directed to take such steps as necessary to sell all

22 electric power generation facilities and transmission facili23 ties, that are currently owned and operated by Federal

24 departments and agencies under the supervision of, or co25 ordination with, the Federal Power Marketing Administra-
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1 tions other than the Bonneville Power Administration. No

2 foreign person or corporation may purchase any such fa3 cilities; such facilities may be sold only to a United States

4 citizen or to a corporation or partnership organized under

5 the laws of a State. After such sales are completed the

6 Secretary shall terminate the operations of the Federal

7 Power Marketing Administrations other than the Bonne8 ville Power Administration. The heads of other affected

9 Federal departments and agencies shall assist the Sec10 retary of Energy in implementing the sales authorized by

11 this section.

12 (b) PRICE; STRUCTURE OF SALE.—

13 (1) PRICE.—The Secretary shall obtain the

14 highest possible price for such facilities. In determin15 ing the highest possible price, the value of future tax

16 revenues shall be included.

17 (2) RETENTION OF FINANCIAL ADVISOR.—In

18 order to conduct the sales authorized by this section

19 in such manner as will produce the highest possible

20 price for the facilities to be sold consistent with this

21 title, within 30 days of enactment of this section, the

22 Secretary shall, through a competitive bidding proc23 ess, retain an experienced private sector firm to

24 serve as financial advisor to the Secretary with re25 spect to such sales.
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1 (3) FINANCIAL ADVISOR’S REPORT.—Within 90

2 days of being retained by the Secretary, the financial

3 advisor shall provide to the Secretary a report con4 taining—

5 (A) a description of those assets described

6 in subsection (a) which, in the opinion of the fi7 nancial advisor, can be successfully transferred

8 to private sector ownership or operation;

9 (B) the value of each such asset, calculated

10 on the basis of the valuation method or meth11 ods which the financial advisor deems most ap12 propriate to a particular asset;

13 (C) the appropriate alternative trans14 actional methods for transferring each such

15 asset to private sector ownership or operation;

16 (D) the amount of proceeds which the fi17 nancial advisor estimates would be paid to the

18 United States Government as a result of such

19 transaction, including the present value of fu20 ture revenue from taxes and any other future

21 payments to be made to the United States Gov22 ernment; and

23 (E) an estimate of the average market rate

24 for wholesale electric power sales within each
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1 region served by a Federal Power Marketing

2 Administration.

3 (c) TIME OF SALE.—Sales of facilities under this sec4 tion shall be conducted in accordance with the time of sale

5 schedule set forth in section 304. At least one year before

6 the date of any sale specified in such schedule, the Sec7 retary, in consultation with the Secretary of the Army and

8 the Secretary of the Interior, and based on the rec9 ommendations of the financial advisor, shall select the fa10 cilities or groups of facilities to be sold and establish the

11 terms and conditions of the sale.

12 (d) FORMER EMPLOYEES OF PMAS.—It is the sense

13 of the Congress that the purchaser of any such facilities

14 should offer to employ, where possible, former employees

15 of the Federal Power Marketing Administrations in con16 nection with the operation of the facilities following their

17 purchase.

18 (e) PROCEEDS.—The Secretary of Energy shall de19 posit sale proceeds in the Treasury of the United States

20 to the credit of miscellaneous receipts.

21 (f) PREPARATION.—The Secretary of Energy is au22 thorized to use funds appropriated to the Department of

23 Energy for the Federal Power Marketing Administrations

24 and funds otherwise appropriated to other Federal agen25 cies for power generation and related activities in order
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1 to prepare these assets for sale and conveyance. Such

2 preparation shall provide sufficient title to ensure the ben3 eficial use, enjoyment, and occupancy to the purchasers

4 of the assets to be sold and shall include identification of

5 all associated laws and regulations to be amended for the

6 purpose of these sales. The Secretary of Energy shall un7 dertake a study of the effect of sales of facilities under

8 this title on existing contracts for the sale of electric power

9 generated at such facilities.

10 (g) REPORTING OF SALES.—Not later than one year

11 after the sale of the assets of each Federal Power Market12 ing Administration (other than the Bonneville Power Ad13 ministration) in accordance with this title, the Secretary

14 of Energy shall—

15 (1) complete the business of, and close out,

16 such administration; and

17 (2) prepare and submit to Congress a report

18 documenting the sales.

19 (h) TREATMENT OF SALES FOR PURPOSES OF CER20 TAIN LAWS.—The sales of assets under this title shall not

21 be considered a disposal of Federal surplus property under

22 the following provisions of law:

23 (1) Section 203 of the Federal Property and

24 Administrative Services Act of 1949 (40 U.S.C.

25 484).
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1 (2) Section 13 of the Surplus Property Act of

2 1944 (50 U.S.C. App. 1622).

3 SEC. 304. TIME OF SALES.

4 (a) SCHEDULE.—During the next 5 years, the Sec5 retary of Energy shall complete the sale of the electric

6 power generation and transmission assets referred to in

7 section 303 in accordance with the following schedule:

Power Administration Sale Completion Date

Southeastern Before September 30, 1997

Southwestern Before September 30, 1998

Western Area Before September 30, 1999

8 (b) UNEXPENDED BALANCES.—Following the sale of

9 the assets of each of the Federal Power Marketing Admin10 istrations and their associated power generation facilities,

11 the Secretary of Energy shall return the unexpended bal12 ances of funds appropriated for that administration to the

13 Treasury of the United States.

14 SEC. 305. RATE STABILIZATION FOR AFFECTED CONSUM15 ERS.

16 So that the affected consumers of the Federal Power

17 Marketing Administrations are not impacted by severe

18 rate increases, each purchaser of electric power generation

19 facilities providing electric power to customers within any

20 region shall be required, as part of the agreement to pur21 chase such facilities, to insure that the price at which elec22 tric power is sold to such consumers does not increase
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1 above the baseline price at a rate greater than 10 percent

2 annually. For purposes of this section, the term ‘‘baseline

3 price’’ means the price for the sale of electric power to

4 a consumer that is in effect on the date of the sale of

5 the facility. The preceding sentence shall cease to apply

6 when the price at which electric power is sold to a

7 consumer is at least equal to the average market rate for

8 wholesale electric power sales within the region concerned,

9 as determined by the Financial Advisor.

10 SEC. 306. LICENSING OF PROJECTS TO PRESERVE CUR11 RENT OPERATING CONDITIONS.

12 (a) ORIGINAL LICENSE.—Simultaneously with the

13 sale of hydroelectric generation facility under this title, the

14 Federal Energy Regulatory Commission shall issue an

15 original license under part 1 of the Federal Power Act

16 (16 U.S.C. 791a–823b) to the purchaser for the construc17 tion, operation, and maintenance of such facility. Such li18 cense shall expire on the date 10 years after the date of

19 the sale of the facility and shall contain standard terms

20 and conditions for hydroelectric power licenses issued

21 under part 1 of such Act for facilities installed at Federal

22 water projects, together with such additional terms and

23 conditions as the Commission deems necessary, in con24 sultation with the department or agency which operates

25 such water project, to further the project purposes and
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1 insure that the project will continue operations in the

2 same manner and subject to the same procedures, con3 tracts, and other requirements as were applicable prior to

4 the sale. The Commission shall publish such license terms

5 and conditions for each facility to be sold under this title

6 as promptly as practicable after the date of the enactment

7 of this Act but not later than one year prior to the date

8 established for the sale of the facility.

9 (b) LICENSE REQUIRED.—Notwithstanding any

10 other provision of law, the Federal Energy Regulatory

11 Commission shall have jursidiction under part 1 of the

12 Federal Power Act over any hydroelectric generation facil13 ity sold under this title.

14 SEC. 307. ENABLING FEDERAL STUDIES.

15 Section 505 of the Energy and Water Development

16 Appropriations Act of 1993 (Public Law 102–377) is

17 hereby repealed.

18 SEC. 308. BONNEVILLE POWER ADMINISTRATION.

19 (a) TRANSFER OF FUNCTIONS.—There are hereby

20 transferred to the Secretary of the Interior all functions

21 performed by the Department of Energy with respect to

22 the Bonneville Power Administration (BPA) on the day

23 before the effective date of this section.

24 (b) STUDY REGARDING FUTURE OF BONNEVILLE

25 POWER ADMINISTRATION.—The Secretary of the Interior
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1 shall conduct a study, taking into consideration any rel2 evant factor, including debt, statutory or treaty obliga3 tions, to determine which option regarding the future dis4 position of BPA represents the most cost-effective option

5 for both the Pacific Northwest and United States as a

6 whole.

7 (c) REPORT REGARDING STUDY.—The Secretary

8 shall submit to Congress a report describing the results

9 of the study and containing such recommendations as con10 sistent with the findings of the report within 1 year after

11 the enactment of this Act.

12 SEC. 309. DEFINITIONS.

13 For purposes of this title:

14 (1) The term ‘‘power generation facility’’ means

15 a facility used for the generation of electric energy.

16 If any portion of a structure or other facility is used

17 for flood control, water supply or other purposes in

18 addition to the generation of electric energy, such

19 term refers only to that portion of the structure or

20 facility used exclusively for the generation of electric

21 energy, including turbines, generators, controls, sub22 stations, and primary lines used for transmitting

23 electric energy therefrom to the point of juncture

24 with the interconnected primary transmission sys25 tem. Such term shall not include any portion of a fa-
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1 cility used for navigation, flood control, irrigation,

2 water supply, or recreation.

3 (2) The term ‘‘Secretary’’ means the Secretary

4 of Energy or any successor agency. If any such

5 agency terminates prior to the complete execution of

6 all duties vested in the Secretary of Energy under

7 this title, such duties shall be vested in the Secretary

8 of the Interior.

9 TITLE IV—TRANSFER AND

10 DISPOSAL OF RESERVES

11 SEC. 401. STRATEGIC PETROLEUM RESERVE.

12 (a) TRANSFER OF FUNCTIONS.—There are hereby

13 transferred to the Secretary of the Interior all functions

14 performed by the Department of Energy with respect to

15 the Strategic Petroleum Reserve on the day before the ef16 fective date of this section.

17 (b) SALE OF CERTAIN RESERVES.—Notwithstanding

18 section 161 of the Energy Policy and Conservation Act,

19 the Secretary of the Interior shall sell the reserves held

20 at Weeks Island, Louisiana, in a manner that provides for

21 minimal disruption of petroleum markets.

22 (c) ADVISORY BOARD.—(1) The Secretary of the In23 terior shall appoint an advisory board, consisting of 3 indi24 viduals with experience in oil markets and production and

25 international relations, which shall—
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1 (A) monitor the sale of reserves under sub2 section (b) and its effects on petroleum markets; and

3 (B) within 60 days after the completion of such

4 sale, submit to the Congress a report containing rec5 ommendations as described in paragraph (2).

6 (2) The advisory board shall make recommendations

7 on whether the United States should maintain or dispose

8 of the Strategic Petroleum Reserve, based on information

9 obtained pursuant to paragraph (1)(A) and any other rel10 evant information the advisory board obtains. If the advi11 sory board recommends maintaining the Strategic Petro12 leum Reserve, it shall include recommendations for admin13 istering the Reserve, and if it recommends disposing of

14 the Reserve, it shall include recommendations for proce15 dures for carrying out such disposal.

16 (3) Notwithstanding section 14 of the Federal Advi17 sory Committee Act, the advisory board established under

18 this subsection shall terminate within 30 days after it sub19 mits a report under paragraph (1)(B).

20 (d) EFFECTIVE DATE.—This section shall take effect

21 on the effective date stated in section 109(a).
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1 SEC. 402. TRANSFER OF NAVAL PETROLEUM RESERVES TO

2 DEPARTMENT OF THE INTERIOR; SALE OF

3 NAVAL PETROLEUM RESERVE NUMBERED 1

4 (ELK HILLS).

5 (a) TRANSFER OF JURISDICTION.—The Secretary of

6 Energy shall transfer the naval petroleum reserves (as de7 fined in section 7420(2) of title 10, United States Code)

8 from the jurisdiction and control of the Department of En9 ergy to the jurisdiction and control of the Department of

10 the Interior. The transfer required by this subsection shall

11 be made without compensation or reimbursement.

12 (b) TIME FOR TRANSFER.—The transfer required by

13 subsection (a) shall be made as soon as possible after the

14 date of the enactment of this Act, but in no case later

15 than one year after that date.

16 (c) SALE OF ELK HILLS UNIT REQUIRED.—Chapter

17 641 of title 10, United States Code, is amended by insert18 ing after section 7421 the following new section:

19 ‘‘§ 7421a. Sale of Naval Petroleum Reserve Numbered

20 1 (Elk Hills)

21 ‘‘(a) SALE REQUIRED.—(1) Notwithstanding any

22 other provision of this chapter, the Secretary shall sell all

23 right, title, and interest of the United States in and to

24 lands owned or controlled by the United States inside

25 Naval Petroleum Reserve Numbered 1, commonly referred

26 to as the Elk Hills Unit, located in Kern County, Califor-
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1 nia, and established by Executive order of the President,

2 dated September 2, 1912. Within one year after the effec3 tive date, the Secretary shall enter into one or more con4 tracts for the sale of all of the interest of the United

5 States in the reserve.

6 ‘‘(2) In this section:

7 ‘‘(A) The term ‘reserve’ means Naval Petroleum

8 Reserve Numbered 1.

9 ‘‘(B) The term ‘unit plan contract’ means the

10 unit plan contract between equity owners of the

11 lands within the boundaries of Naval Petroleum Re12 serve Numbered 1 entered into on June 19, 1944.

13 ‘‘(C) The term ‘effective date’ means the date

14 of the enactment of the Department of Energy Abol15 ishment Act.

16 ‘‘(b) EQUITY FINALIZATION.—(1) Not later than five

17 months after the effective date, the Secretary shall finalize

18 equity interests of the known oil and gas zones in Naval

19 Petroleum Reserve Numbered 1 in the manner provided

20 by this subsection.

21 ‘‘(2) The Secretary shall retain the services of an

22 independent petroleum engineer, mutually acceptable to

23 the equity owners, who shall prepare a recommendation

24 on final equity figures. The Secretary may accept the rec25 ommendation of the independent petroleum engineer for
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1 final equity in each known oil and gas zone and establish

2 final equity interest in the Naval Petroleum Reserve Num3 bered 1 in accordance with such recommendation, or the

4 Secretary may use such other method to establish final

5 equity interest in the reserve as the Secretary considers

6 appropriate.

7 ‘‘(3) If, on the effective date, there is an ongoing eq8 uity redetermination dispute between the equity owners

9 under section 9(b) of the unit plan contract, such dispute

10 shall be resolved in the manner provided in the unit plan

11 contract within five months after the effective date. Such

12 resolution shall be considered final for all purposes under

13 this section.

14 ‘‘(c) TIMING AND ADMINISTRATION OF SALE.—(1)

15 Not later than two months after the effective date, the

16 Secretary shall retain the services of five independent ex17 perts in the valuation of oil and gas fields to conduct sepa18 rate assessments, in a manner consistent with commercial

19 practices, of the fair market value of the interest of the

20 United States in Naval Petroleum Reserve Numbered 1.

21 In making their assessments, the independent experts

22 shall consider (among other factors) all equipment and fa23 cilities to be included in the sale, the net present value

24 of the reserve, and the net present value of the anticipated

25 revenue stream that the Secretary determines the Treas-
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1 ury would receive from the reserve if the reserve were not

2 sold, adjusted for any anticipated increases in tax reve3 nues that would result if the reserve were sold. The inde4 pendent experts shall complete their assessments within

5 five months after the effective date. In setting the mini6 mum acceptable price for the reserve, the Secretary shall

7 consider the average of the five assessments or, if more

8 advantageous to the Government, the average of three as9 sessments after excluding the high and low assessments.

10 ‘‘(2) Not later than two months after the effective

11 date, the Secretary shall retain the services of an invest12 ment banker to independently administer, in a manner

13 consistent with commercial practices and in a manner that

14 maximizes sale proceeds to the Government, the sale of

15 Naval Petroleum Reserve Numbered 1 under this section.

16 ‘‘(3) Not later than five months after the effective

17 date, the sales administrator selected under paragraph (2)

18 shall complete a draft contract for the sale of Naval Petro19 leum Reserve Numbered 1, which shall accompany the in20 vitation for bids and describe the terms and provisions of

21 the sale of the interest of the United States in the reserve.

22 The draft contract shall identify all equipment and facili23 ties to be included in the sale. The draft contract, includ24 ing the terms and provisions of the sale of the interest

25 of the United States in the reserve, shall be subject to
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1 review and approval by the Secretary, the Secretary of the

2 Treasury, and the Director of the Office of Management

3 and Budget.

4 ‘‘(4) Not later than six months after the effective

5 date, the Secretary shall publish an invitation for bids for

6 the purchase of the reserve.

7 ‘‘(5) Not later than nine months after the effective

8 date, the Secretary shall accept the highest responsible

9 offer for purchase of the interest of the United States in

10 Naval Petroleum Reserve Numbered 1 that meets or ex11 ceeds the minimum acceptable price determined under

12 paragraph (1).

13 ‘‘(d) FUTURE LIABILITIES.—The United States shall

14 hold harmless and fully indemnify the purchaser of the

15 interest of the United States in Naval Petroleum Reserve

16 Numbered 1 from and against any claim or liability as

17 a result of ownership in the reserve by the United States.

18 ‘‘(e) TREATMENT OF STATE OF CALIFORNIA

19 CLAIM.—(1) All claims against the United States by the

20 State of California or the Teachers’ Retirement Fund of

21 the State of California with respect to land within the

22 Naval Petroleum Reserve Numbered 1 or production or

23 proceeds of sale from the reserve shall be resolved only

24 as follows:
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1 ‘‘(A) A payment from funds provided for this

2 purpose in advance in appropriation Acts.

3 ‘‘(B) A grant of nonrevenue generating land in

4 lieu of such a payment pursuant to sections 2275

5 and 2276 of the Revised Statutes of the United

6 States (43 U.S.C. 851 and 852).

7 ‘‘(C) Any other means that would not be incon8 sistent with the Congressional Budget Act of 1974

9 (2 U.S.C. 621 et seq.).

10 ‘‘(D) Any combination of subparagraphs (A),

11 (B), and (C).

12 ‘‘(2) The value of any payment, grant, or means (or

13 combination thereof) under paragraph (1) may not exceed

14 an amount equal to seven percent of the proceeds from

15 the sale of the reserve, after deducting the costs incurred

16 to conduct the sale.

17 ‘‘(f) PRODUCTION ALLOCATION FOR SALE.—(1) As

18 part of the contract for purchase of Naval Petroleum Re19 serve Numbered 1, the purchaser of the interest of the

20 United States in the reserve shall agree to make up to

21 25 percent of the purchaser’s share of annual petroleum

22 production from the purchased lands available for sale to

23 small refiners, which do not have their own adequate

24 sources of supply of petroleum, for processing or use only

25 in their own refineries. None of the reserved production
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1 sold to small refiners may be resold in kind. The purchaser

2 of the reserve may reduce the quantity of petroleum re3 served under this subsection in the event of an insufficient

4 number of qualified bids. The seller of this petroleum pro5 duction has the right to refuse bids that are less than the

6 prevailing market price of comparable oil.

7 ‘‘(2) The purchaser of the reserve shall also agree to

8 ensure that the terms of every sale of the purchaser’s

9 share of annual petroleum production from the purchased

10 lands shall be so structured as to give full and equal op11 portunity for the acquisition of petroleum by all interested

12 persons, including major and independent oil producers

13 and refiners alike.

14 ‘‘(g) MAINTAINING ELK HILLS UNIT PRODUC15 TION.—Until the sale of Naval Petroleum Reserve Num16 bered 1 is completed under this section, the Secretary shall

17 continue to produce the reserve at the maximum daily oil

18 or gas rate from a reservoir, which will permit maximum

19 economic development of the reservoir consistent with

20 sound oil field engineering practices in accordance with

21 section 3 of the unit plan contract. The definition of maxi22 mum efficient rate in section 7420(6) of this title shall

23 not apply to the reserve.

24 ‘‘(h) EFFECT ON EXISTING CONTRACTS.—(1) In the

25 case of any contract, in effect on the effective date, for
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1 the purchase of production from any part of the United

2 States’ share of Naval Petroleum Reserve Numbered 1,

3 the sale of the interest of the United States in the reserve

4 shall be subject to the contract for a period of three

5 months after the closing date of the sale or until termi6 nation of the contract, whichever occurs first. The term

7 of any contract entered into after the effective date for

8 the purchase of such production shall not exceed the an9 ticipated closing date for the sale of the reserve.

10 ‘‘(2) The Secretary shall exercise the termination pro11 cedures provided in the contract between the United

12 States and Bechtel Petroleum Operation, Inc., Contract

13 Number DE–ACO1–85FE60520 so that the contract ter14 minates not later than the date of closing of the sale of

15 Naval Petroleum Reserve Numbered 1 under subsection

16 (c).

17 ‘‘(3) The Secretary shall exercise the termination pro18 cedures provided in the unit plan contract so that the unit

19 plan contract terminates not later than the date of closing

20 of the sale of reserve under subsection (c).

21 ‘‘(i) EFFECT ON ANTITRUST LAWS.—Nothing in this

22 section shall be construed to alter the application of the

23 antitrust laws of the United States to the purchaser of

24 Naval Petroleum Reserve Numbered 1 or to the lands in
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1 the reserve subject to sale under this section upon the

2 completion of the sale.

3 ‘‘(j) PRESERVATION OF PRIVATE RIGHT, TITLE, AND

4 INTEREST.—Nothing in this section shall be construed to

5 adversely affect the ownership interest of any other entity

6 having any right, title, and interest in and to lands within

7 the boundaries of Naval Petroleum Reserve Numbered 1

8 and which are subject to the unit plan contract.

9 ‘‘(k) CONGRESSIONAL NOTIFICATION.—Section 7431

10 of this title shall not apply to the sale of Naval Petroleum

11 Reserve Numbered 1 under this section. However, the Sec12 retary may not enter into a contract for the sale of the

13 reserve until the end of the 31-day period beginning on

14 the date on which the Secretary notifies the Committee

15 on Armed Services of the Senate and the Committee on

16 National Security and the Committee on Commerce of the

17 House of Representatives of the proposed sale.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of such chapter is amended by inserting

20 after the item relating to section 7421 the following new

21 item:

‘‘7421a. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).’’.

22 (c) CONFORMING AMENDMENTS TO TITLE 10,

23 UNITED STATES CODE.—
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1 (1) REFERENCES REGARDING ADMINISTRATION

2 OF RESERVES.—Chapter 641 of title 10, United

3 States Code, is amended—

4 (A) in section 7420(4), by striking ‘‘Sec5 retary of Energy’’ and inserting ‘‘Secretary of

6 the Interior’’;

7 (B) in section 7427, by striking ‘‘of the In8 terior’’;

9 (C) in section 7430(d), by striking ‘‘, in

10 consultation with the Secretary of the Inte11 rior,’’; and

12 (D) in section 7430(j), by striking ‘‘he, or

13 the Secretary of the Interior where the author14 ity extends to him,’’.

15 (2) TRANSITION.—Until such time as the Sec16 retary of Energy transfers administration of the

17 naval petroleum reserves to the Secretary of the In18 terior, as required by subsection (a), the Secretary

19 of Energy shall continue to be responsible for ad20 ministering the reserves.

21 SEC. 403. STUDY REGARDING FUTURE OF NAVAL PETRO22 LEUM RESERVES (OTHER THAN NAVAL PE23 TROLEUM RESERVE NUMBERED 1).

24 (a) STUDY REQUIRED.—The Secretary of the Inte25 rior shall conduct a study to determine which of the follow-
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1 ing options regarding the naval petroleum reserves rep2 resents the most cost-effective option for the United

3 States:

4 (1) Retention and operation of the naval petro5 leum reserves under chapter 641 of title 10, United

6 States Code.

7 (2) Transfer of all or a part of the naval petro8 leum reserves to the jurisdiction of another Federal

9 agency.

10 (3) Lease of the naval petroleum reserves.

11 (4) Sale of the interest of the United States in

12 the naval petroleum reserves.

13 (b) CONDUCT OF STUDY.—The Secretary shall retain

14 an independent petroleum consultant to conduct the study.

15 (c) CONSIDERATIONS UNDER STUDY.—An examina16 tion of the benefits to be derived by the United States

17 from the sale of the naval petroleum reserves shall include

18 an assessment and estimate, in a manner consistent with

19 commercial practices, of the fair market value of the inter20 est of the United States in the naval petroleum reserves.

21 An examination of the benefits to be derived by the United

22 States from the lease of the naval petroleum reserves shall

23 consider full exploration, development, and production of

24 petroleum products in the naval petroleum reserves, with

25 a royalty payment to the United States.
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1 (d) REPORT REGARDING STUDY.—Not later than

2 December 31, 1995, the Secretary shall submit to Con3 gress a report describing the results of the study and con4 taining such recommendations as the Secretary considers

5 necessary to implement the most cost-effective option

6 identified in the study.

7 (e) NAVAL PETROLEUM RESERVES DEFINED.—For

8 purposes of this section, the term ‘‘naval petroleum re9 serves’’ has the meaning given that term in section

10 7420(2) of title 10, United States Code, except that such

11 term does not include Naval Petroleum Reserve Numbered

12 1.

13 TITLE V—NATIONAL SECURITY

14 AND ENVIRONMENTAL MAN15 AGEMENT PROGRAMS

16 Subtitle A—Defense Nuclear

17 Programs Agency

18 SEC. 501. DEFINITIONS.

19 In this subtitle:

20 (1) The term ‘‘defense nuclear programs mat21 ters’’ means matters related to the military use of

22 nuclear energy and nuclear weapons, including all

23 such matters that were under the jurisdiction of the

24 following entities on the day before the date of the

25 enactment of this Act:
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1 (A) The Department of Energy.

2 (B) The Defense Nuclear Agency of the

3 Department of Defense.

4 (C) The Defense Nuclear Facilities Safety

5 Board.

6 (2) The term ‘‘Under Secretary’’ means the

7 Under Secretary of Defense for Defense Nuclear

8 Programs.

9 (3) The term ‘‘Agency’’ means the Defense Nu10 clear Programs Agency.

11 SEC. 502. ESTABLISHMENT AND ORGANIZATION OF DE12 FENSE NUCLEAR PROGRAMS AGENCY.

13 (a) ESTABLISHMENT OF DEFENSE NUCLEAR PRO14 GRAMS AGENCY.—There is established an agency in the

15 Department of Defense to be known as the Defense Nu16 clear Programs Agency.

17 (b) UNDER SECRETARY.—The Agency shall be head18 ed by an Under Secretary for Defense Nuclear Programs,

19 who shall serve as the principal adviser to the President

20 and the Secretary of Defense on defense nuclear programs

21 matters. In carrying out his duties under this Act, the

22 Under Secretary for Defense Nuclear Programs shall, sub23 ject to the authority, direction, and control of the Sec24 retary of Defense, have primary responsibility within the

25 Government for defense nuclear programs matters. The
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1 Under Secretary shall be appointed by the President, by

2 and with the advice and consent of the Senate. A commis3 sioned officer of the Armed Forces serving on active duty

4 may not be appointed Under Secretary. The Under Sec5 retary shall be compensated at the rate provided for level

6 II of the Executive Schedule under section 5313 of title

7 5, United States Code.

8 (c) DEPUTY UNDER SECRETARY.—A Deputy Under

9 Secretary for Defense Nuclear Programs shall be ap10 pointed by the President, by and with the advice and con11 sent of the Senate. The Deputy Under Secretary shall per12 form such duties and exercise such powers as the Under

13 Secretary for Defense Nuclear Programs may prescribe.

14 The Deputy Under Secretary shall act for, and exercise

15 the powers of, the Under Secretary during the Under Sec16 retary’s absence or disability or during a vacancy in such

17 office. A commissioned officer of the Armed Forces serv18 ing on active duty may not be appointed Deputy Under

19 Secretary. The Deputy Under Secretary shall be com20 pensated at the rate provided for level III of the Executive

21 Schedule under section 5314 of title 5, United States

22 Code.

23 (d) ASSISTANT SECRETARIES.—(1) Four Assistant

24 Secretaries of the Agency shall be appointed by the Presi25 dent, by and with the advice and consent of the Senate.
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1 They shall perform such duties and exercise such powers

2 as the Under Secretary may prescribe.

3 (2) One of the Assistant Secretaries shall have as his

4 principal duty the overall supervision of environmental res5 toration of defense nuclear weapons facilities.

6 (3) One of the Assistant Secretaries shall have as his

7 principal duty the overall supervision of the oversight of

8 the defense and nondefense functions and budgets of the

9 Sandia National Laboratories, the Los Alamos National

10 Laboratory, and the Lawrence Livermore National Lab11 oratory (or whatever laboratories (or portions of labora12 tories) carrying out the functions of such laboratories re13 main after reconfiguration, privatization, or closure (if

14 any) pursuant to title II).

15 (4) Each Assistant Secretary shall be compensated

16 at the rate provided for level IV of the Executive Schedule

17 under section 5315 of title 5, United States Code.

18 (e) INSPECTOR GENERAL.—There shall be an Inspec19 tor General of the Agency, who shall be appointed as pro20 vided in section 3 of the Inspector General Act of 1978

21 (5 U.S.C. App. 3). The Inspector General shall perform

22 the duties, have the responsibilities, and exercise the pow23 ers specified in the Inspector General Act of 1978 (5

24 U.S.C. App. 3).
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1 (f) GENERAL COUNSEL.—There shall be a General

2 Counsel of the Agency, who shall be appointed by the

3 Under Secretary. The General Counsel shall be the chief

4 legal officer for all legal matters arising from the conduct

5 of the functions of the Agency. The General Counsel shall

6 be compensated at the rate provided for level V of the Ex7 ecutive Schedule under section 5316 of title 5, United

8 States Code.

9 SEC. 503. FUNCTIONS OF DEFENSE NUCLEAR PROGRAMS

10 AGENCY.

11 (a) IN GENERAL.—The Under Secretary for Defense

12 Nuclear Programs shall be responsible for the exercise of

13 all powers and the discharge of all duties of the Agency.

14 (b) TRANSFERRED FUNCTIONS.—The Under Sec15 retary for Defense Nuclear Programs shall carry out all

16 functions transferred to the Under Secretary pursuant to

17 section 504.

18 (c) STAFF DIRECTOR OF NUCLEAR WEAPONS COUN19 CIL.—Paragraph (2) of section 179(c) of title 10, United

20 States Code, is amended to read as follows:

21 ‘‘(2) The Under Secretary for Defense Nuclear Pro22 grams shall be the Staff Director of the Council.’’.

23 SEC. 504. TRANSFERS OF FUNCTIONS.

24 (a) DEPARTMENT OF ENERGY.—(1) There are here25 by transferred to the Under Secretary for Defense Nuclear
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1 Programs all functions performed by the Department of

2 Energy on the day before the date of the enactment of

3 this Act relating to the national security functions of the

4 Department, including defense, nonproliferation, and de5 fense-related environmental management programs.

6 (2) There are hereby transferred to the Under Sec7 retary for Defense Nuclear Programs all functions per8 formed by the Department of Energy on the day before

9 the date of the enactment of this Act relating to the over10 sight of the defense and nondefense functions and budgets

11 of the following laboratories:

12 (A) Sandia National Laboratories, Albuquerque,

13 New Mexico, and Livermore, California.

14 (B) Los Alamos National Laboratory, Los Ala15 mos, New Mexico.

16 (C) Lawrence Livermore National Laboratory,

17 California.

18 (b) DEFENSE NUCLEAR AGENCY.—There are hereby

19 transferred to the Under Secretary for Defense Nuclear

20 Programs all functions performed by the Defense Nuclear

21 Agency of the Department of Defense on the day before

22 the date of the enactment of this Act relating to nuclear

23 weapons systems.

24 (c) DEFENSE NUCLEAR FACILITIES SAFETY

25 BOARD.—There are hereby transferred to the Under Sec-
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1 retary for Defense Nuclear Programs all functions per2 formed by the Defense Nuclear Facilities Safety Board on

3 the day before the date of the enactment of this Act.

4 (d) OTHER NUCLEAR WEAPONS-RELATED FUNC5 TIONS.—The Secretary of Defense may transfer to the

6 Under Secretary for Defense Nuclear Programs such

7 other functions performed in the Department of Defense

8 on the day before the date of the enactment of this Act

9 relating to nuclear weapons as the Secretary considers ap10 propriate.

11 (e) CONFORMING REPEALS.—

12 (1) ASSISTANT TO THE SECRETARY OF DE13 FENSE FOR ATOMIC ENERGY.—Section 141 of title

14 10, United States Code, is hereby repealed. The

15 table of sections at the beginning of chapter 4 of

16 such title is amended by striking out the item relat17 ing to such section.

18 (2) DEFENSE NUCLEAR FACILITIES SAFETY

19 BOARD.—Chapter 21 of the Atomic Energy Act of

20 1954 (42 U.S.C. 2286) is hereby repealed.

21 (3) REFERENCES.—Any reference to the Assist22 ant Secretary of Defense for Atomic Energy or the

23 Defense Nuclear Facilities Safety Board in any pro24 vision of law or in any rule, regulation, or other

25 paper of the United States shall be treated as refer-
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1 ring to the Under Secretary for Defense Nuclear

2 Programs.

3 SEC. 505. LIMITATION ON TRANSFERS OF FUNDS.

4 No amount appropriated to the Agency may be trans5 ferred to any other account (other than another account

6 of the Agency) unless the transfer of such amount to such

7 account is specifically authorized by law. No amount ap8 propriated to the Department of Defense or another de9 partment or agency may be transferred to the Under Sec10 retary for Defense Nuclear Programs or to an account for

11 the Agency unless the transfer of such amount to such

12 account is specifically authorized by law.

13 SEC. 506. TRANSITION PROVISIONS.

14 (a) EXERCISE OF AUTHORITIES.—Except as other15 wise provided by law, the Under Secretary for Defense

16 Nuclear Programs may, for purposes of performing a

17 function that is transferred to the Under Secretary by this

18 Act, exercise all authorities under any other provision of

19 law that were available with respect to the performance

20 of that function to the official responsible for the perform21 ance of that function on the day before the date of the

22 enactment of this Act.

23 (b) AUTHORITIES TO WIND UP AFFAIRS.—

24 (1) IN GENERAL.—(A) The Director of the Of25 fice of Management and Budget may take such ac-
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1 tions as the Director considers necessary to wind up

2 any outstanding affairs of the Department of En3 ergy associated with the functions that are trans4 ferred pursuant to section 504(a).

5 (B) The Secretary of Defense may take such

6 actions as the Secretary considers necessary to wind

7 up any outstanding affairs of the Defense Nuclear

8 Agency associated with the functions that are trans9 ferred pursuant to section 504(b), any outstanding

10 affairs of the Department of Defense associated with

11 any functions that may be transferred pursuant to

12 section 504(d), and any outstanding affairs of the

13 Assistant to the Secretary of Defense for Atomic

14 Energy.

15 (C) The Secretary of the Navy may take such

16 actions as the Secretary considers necessary to wind

17 up any outstanding affairs of the Strategic Systems

18 Programs of the Department of the Navy associated

19 with the functions that are transferred pursuant to

20 section 504(c).

21 (D) The Director of the Office of Management

22 and Budget may take such actions as the Director

23 considers necessary to wind up any outstanding af24 fairs of the Defense Nuclear Facilities Safety Board.
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1 (2) TRANSFER OF ASSETS.—So much of the

2 personnel, property, records, and unexpended bal3 ances of appropriations, allocations, and other funds

4 employed, used, held, available, or to be made avail5 able in connection with a function transferred to the

6 Under Secretary for Defense Nuclear Programs by

7 this Act are transferred to the Under Secretary for

8 use in connection with the functions transferred.

9 (3) FURTHER MEASURES AND DISPOSITIONS.—

10 Such further measures and dispositions as the Presi11 dent considers necessary to effectuate the transfers

12 referred to in subsection (b) shall be carried out in

13 such manner as the President directs and by the

14 heads of such agencies as the President designates.

15 SEC. 507. TECHNICAL AND CONFORMING AMENDMENTS.

16 (a) INSPECTOR GENERAL ACT OF 1978.—Section 11

17 of the Inspector General Act of 1978 (5 U.S.C. App.) is

18 amended—

19 (1) in paragraph (1), by inserting after ‘‘Inter20 national Development,’’ the following: ‘‘the Defense

21 Nuclear Programs Agency,’’; and

22 (2) in paragraph (2), by striking out ‘‘or the

23 Social Security Administration;’’ and inserting in

24 lieu thereof ‘‘the Social Security Administration, or

25 the Defense Nuclear Programs Agency;’’.
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1 (b) EXECUTIVE SCHEDULE.—(1) Section 5313 of

2 title 5, United States Code, is amended by adding at the

3 end the following:

4 ‘‘Under Secretary for Defense Nuclear Pro5 grams.’’.

6 (2) Section 5314 of title 5, United States Code, is

7 amended by adding at the end the following:

8 ‘‘Deputy Under Secretary for Defense Nuclear

9 Programs.’’.

10 (3) Section 5315 of title 5, United States Code, is

11 amended by adding at the end the following:

12 ‘‘Assistant Secretaries, Defense Nuclear Pro13 grams Agency (4).

14 ‘‘Inspector General, Defense Nuclear Programs

15 Agency.’’.

16 (4) Section 5316 of title 5, United States Code, is

17 amended by adding at the end the following:

18 ‘‘General Counsel, Defense Nuclear Programs

19 Agency.’’.

20 SEC. 508. EFFECTIVE DATE AND TRANSITION PERIOD.

21 (a) EFFECTIVE DATE.—Except as provided in sub22 section (b), this title shall take effect on the date of the

23 enactment of this Act.

24 (b) DELAYED EFFECTIVE DATE FOR ESTABLISH25 MENT OF AGENCY AND TRANSFERS OF FUNCTIONS.—
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1 Section 502(a) and section 504 of this Act shall take effect

2 one year after the date of the enactment of this Act.

3 (c) TRANSITION PERIOD.—The Secretary of Defense,

4 the Secretary of Energy, the Assistant to the Secretary

5 of Defense for Atomic Energy, and the Defense Nuclear

6 Facilities Safety Board shall, beginning as soon as prac7 ticable after the date of the enactment of this Act, plan

8 for the orderly establishment of, and transfer of functions

9 to, the Agency pursuant to this Act.

10 (d) APPOINTMENT AUTHORITY.—The President may

11 make appointments under section 2 notwithstanding the

12 delayed effective date under subsection (b) for the estab13 lishment of the Agency.

14 Subtitle B—Environmental Res15 toration Activities at Defense

16 Nuclear Facilities

17 SEC. 521. ENVIRONMENTAL RESTORATION ACTIVITIES AT

18 DEFENSE NUCLEAR FACILITIES.

19 The Comprehensive Environmental Response, Com20 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et

21 seq.) is amended by adding at the end the following new

22 title:
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1 ‘‘TITLE IV—ENVIRONMENTAL

2 RESTORATION ACTIVITIES AT

3 DEFENSE NUCLEAR FACILI4 TIES

‘‘Subtitle A—General Provisions

‘‘Sec. 401. Applicability.

‘‘Sec. 402. Definitions.

‘‘Subtitle B—Selection of Remedial Action

‘‘Sec. 411. Review of ongoing and planned remedial actions.

‘‘Sec. 412. Selection of remedial action.

‘‘Sec. 413. Site-specific risk assessment.

‘‘Sec. 414. Analysis of risk reduction benefits and costs.

5 ‘‘Subtitle A—General Provisions

6 ‘‘SEC. 401. APPLICABILITY.

7 ‘‘Notwithstanding section 120, the provisions of this

8 title shall apply with respect to selection of remedial ac9 tions at defense nuclear facilities.

10 ‘‘SEC. 402. DEFINITIONS.

11 ‘‘For purposes of this title:

12 ‘‘(1) The term ‘‘defense nuclear facility’’

13 means—

14 ‘‘(A) a production facility or utilization fa15 cility (as those terms are defined in section 11

16 of the Atomic Energy Act of 1954 (42 U.S.C.

17 2014)) that is under the control or jurisdiction

18 of the Under Secretary of Defense for Defense

19 Nuclear Programs and that is operated for na20 tional security purposes (including the tritium
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1 loading facility at Savannah River, South Caro2 lina, the 236 H facility at Savannah River,

3 South Carolina; and the Mound Laboratory,

4 Ohio), but the term does not include any facil5 ity that does not conduct atomic energy defense

6 activities and does not include any facility or

7 activity covered by Executive Order Number

8 12344, dated February 1, 1982, pertaining to

9 the naval nuclear propulsion program;

10 ‘‘(B) a nuclear waste storage or disposal

11 facility that is under the control or jurisdiction

12 of the Under Secretary of Defense for Defense

13 Nuclear Programs;

14 ‘‘(C) a testing and assembly facility that is

15 under the control or jurisdiction of the Under

16 Secretary of Defense for Defense Nuclear Pro17 grams and that is operated for national security

18 purposes (including the Nevada Test Site, Ne19 vada; the Pinnellas Plant, Florida; and the

20 Pantex facility, Texas);

21 ‘‘(D) an atomic weapons research facility

22 that is under the control or jurisdiction of the

23 Under Secretary of Defense for Defense Nu24 clear Programs (including the Lawrence Liver-
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1 more, Los Alamos, and Sandia National Lab2 oratories); or

3 ‘‘(E) any facility described in paragraphs

4 (1) through (4) that—

5 ‘‘(i) is no longer in operation;

6 ‘‘(ii) was under the control or jurisdic7 tion of the Department of Defense, the

8 Atomic Energy Commission, the Energy

9 Research and Development Administration,

10 or the Department of Energy; and

11 ‘‘(iii) was operated for national secu12 rity purposes.

13 ‘‘(2) The term ‘Under Secretary’ means the Under

14 Secretary of Defense for Defense Nuclear Programs.

15 ‘‘(3) The term ‘Administrator’ means the Adminis16 trator of the Environmental Protection Agency.

17 ‘‘Subtitle B—Selection of Remedial

18 Action

19 ‘‘SEC. 411. REVIEW OF ONGOING AND PLANNED REMEDIAL

20 ACTIONS.

21 ‘‘REVIEW OF ONGOING AND PLANNED ACTIVITIES.—

22 (1) Not later than one year after the date of the enactment

23 of this title, the Under Secretary shall review each reme24 dial action described in paragraph (2) for purposes of de25 termining whether the remedial action was selected in a
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1 manner consistent with the requirements of this subtitle.

2 If the Under Secretary determines the selection was not

3 consistent with the requirements of this subtitle, the

4 Under Secretary shall modify the remedial action in a

5 manner consistent with the requirements of this subtitle.

6 The Under Secretary shall, to the maximum extent prac7 ticable, ensure the minimization of any delays in the per8 formance of the remedial action that result from the

9 Under Secretary’s activities under this paragraph.

10 ‘‘(2) Paragraph (1) applies to any remedial action at

11 a defense nuclear facility—

12 ‘‘(A) which is ongoing as of the date of the en13 actment of this title, including a facility for which

14 construction is ongoing or has been completed as of

15 such date; or

16 ‘‘(B) for which construction is planned but has

17 not yet commenced as of such date of enactment.

18 ‘‘SEC. 412. SELECTION OF REMEDIAL ACTION.

19 ‘‘(a) IN GENERAL.—The Under Secretary shall select

20 a remedial action for a defense nuclear facility based upon

21 consideration of a site-specific risk assessment conducted

22 in accordance with section 413 and an analysis of risk re23 duction benefits and costs conducted in accordance with

24 section 414.
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1 ‘‘(b) REQUIREMENT FOR LOWEST COST ACTION.—

2 In selecting a remedial action, the Under Secretary shall

3 select the lowest cost action which achieves a residual risk

4 that is within the risk range goal established by the Na5 tional Contingency Plan for protection of public health

6 and the environment, unless—

7 ‘‘(1) the incremental benefits of a more expen8 sive remedial action justify incurring the incremental

9 costs of the more expensive remedy, as set forth in

10 the analysis of risk reductions cost and benefits for

11 the remedial action pursuant to section 414, in

12 which case a more expensive remedy may be se13 lected, or

14 ‘‘(2) the benefits of the lowest cost remedy

15 which achieves a residual risk level within the risk

16 range goal are not reasonably related to the costs of

17 such remedy, in which case a less expensive remedy

18 may be selected.

19 ‘‘(c) CONSULTATION.—Before selection of a remedial

20 action and before public comment under subsection (d),

21 the Under Secretary shall consult with the Administrator,

22 officials of State, local, or tribal governments having juris23 diction over the property or, in the case of property which

24 is exclusively under Federal jurisdiction, having jurisdic25 tion over the surrounding areas. Such consultation shall
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1 include discussion of, at a minimum, current area demo2 graphics, land and water uses, and currently planned land

3 and water uses, the determination of which shall remain

4 the sole purview of the appropriate State, local, or tribal

5 government with jurisdiction.

6 ‘‘(d) PUBLIC COMMENT.—Before selection of a reme7 dial action, the Under Secretary shall provide a period of

8 not less than 30 days for public comment on the remedial

9 action.

10 ‘‘(e) CERTIFICATION.—The Under Secretary shall

11 certify the following when selecting a remedial action:

12 ‘‘(1) That the analysis of risk reduction benefits

13 and costs for the remedial action pursuant to section

14 414 is based on objective and unbiased scientific and

15 economic evaluations of all significant and relevant

16 information and on risk assessments provided to the

17 agency by interested parties relating to the costs,

18 risks, and risk reduction and other benefits of the

19 remedial action selected.

20 ‘‘(2) That the incremental risk reduction or

21 other benefits of the remedial action will be likely to

22 justify, and be reasonably related to, the incremental

23 costs incurred by the Federal Government, by State,

24 local, and tribal governments, and other public and

25 private entities.
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1 ‘‘(3) That other alternative remedial actions

2 identified or considered by the agency were found to

3 be less cost-effective at achieving a substantially

4 equivalent reduction in risk.

5 ‘‘(f) ADMINISTRATIVE RECORD.—All documents con6 sidered by the Under Secretary shall be made part of the

7 administrative record for purposes of judicial review.

8 ‘‘SEC. 413. SITE-SPECIFIC RISK ASSESSMENT.

9 ‘‘(a) IN GENERAL.—(1) A site-specific risk assess10 ment shall be performed in accordance with this section

11 before the selection of a remedial action at a defense nu12 clear facility. The Under Secretary shall apply the prin13 ciples set forth in subsection (b) in order to ensure that

14 a site-specific risk assessment—

15 ‘‘(A) distinguishes scientific findings from other

16 considerations;

17 ‘‘(B) is, to the extent feasible, scientifically ob18 jective, unbiased, and inclusive of all relevant data;

19 and

20 ‘‘(C) relies, to the extent available and prac21 ticable, on factual site-specific data.

22 ‘‘(2) Discussions or explanations required under this

23 section need not be repeated in each risk assessment docu24 ment as long as there is a reference to the relevant discus-
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1 sions or explanation in another agency document which

2 is available to the public.

3 ‘‘(b) PRINCIPLES.—The principles to be applied in

4 conducting a site-specific risk assessment are as follows:

5 ‘‘(1) When discussing human health risks, a

6 site-specific risk assessment shall contain a discus7 sion of both relevant laboratory and relevant epi8 demiologic data of sufficient quality which finds, or

9 fails to find, a correlation between health risks and

10 a potential toxin or activity. Where conflicts among

11 such data appear to exist, or where animal data is

12 used as a basis to assess human health, the site-spe13 cific risk assessment shall, to the extent feasible and

14 appropriate, include discussion of possible reconcili15 ation of conflicting information, and, as relevant,

16 differences in study designs, comparative physiology,

17 routes of exposure, bioavailability, pharmacokinetics,

18 and any other relevant factor, including the suffi19 ciency of basic data for review. The discussion of

20 possible reconciliation should indicate whether there

21 is a biological basis to assume a resulting harm in

22 humans. Animal data shall be reviewed with regard

23 to its relevancy to humans.

24 ‘‘(2) Where a site-specific risk assessment in25 volves selection of any significant default value, as-
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1 sumption, inference, or model, the risk assessment

2 document shall, to the extent feasible—

3 ‘‘(A) present a representative list and ex4 planation of plausible and alternative assump5 tions, inferences, or models;

6 ‘‘(B) explain the basis for any choices;

7 ‘‘(C) identify any policy or value judg8 ments;

9 ‘‘(D) fully describe any model used in the

10 risk assessment and make explicit the assump11 tions incorporated in the model; and

12 ‘‘(E) indicate the extent to which any sig13 nificant model has been validated by, or con14 flicts with, empirical data.

15 ‘‘(3) The site-specific risk assessment shall

16 meet each of the following requirements regarding

17 risk characterization and communication:

18 ‘‘(A) The risk characterization shall de19 scribe the populations or natural resources

20 which are the subject of the risk characteriza21 tion. If a numerical estimate of risk is provided,

22 the agency shall, to the extent feasible, pro23 vide—

24 ‘‘(i) the best estimate or estimates for

25 the specific populations or natural re-
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1 sources which are the subject to the char2 acterization (based on the information

3 available to the Federal agency); and

4 ‘‘(ii) a statement of the reasonable

5 range of scientific uncertainties.

6 In addition to such best estimate or estimates,

7 the risk characterization document may present

8 plausible upper-bound or conservative estimates

9 in conjunction with plausible lower-bound esti10 mates. Where appropriate, the risk character11 ization document may present, in lieu of a sin12 gle best estimate, multiple best estimates based

13 on assumptions, inferences, or models which are

14 equally plausible, given current scientific under15 standing. To the extent practicable and appro16 priate, the document shall provide descriptions

17 of the distribution and probability of risk esti18 mates to reflect differences in exposure varia19 bility or sensitivity in populations and attend20 ance uncertainties. Sensitive subpopulations or

21 highly exposed subpopulations include, where

22 relevant and appropriate, children, the elderly,

23 pregnant women, and disabled persons.

24 ‘‘(B) Exposure scenarios shall be based on

25 actual exposure pathways and currently planned
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1 future land and water uses as established by

2 any local governmental authorities with jurisdic3 tion over the property and shall consider the

4 availability of alternative water supplies. To the

5 extent feasible, the site-specific risk assessment

6 shall include a statement of the size of the pop7 ulation at risk under any proposed exposure

8 scenario and the likelihood of such scenario.

9 Exposure scenarios shall explicitly identify

10 those exposure scenarios which result in plau11 sible completed exposure pathways.

12 ‘‘(C) A site-specific risk assessment shall

13 contain a statement that places the magnitude

14 of risks to human health, safety, or the environ15 ment in context. Such statement shall, to the

16 extent feasible, provide comparisons with esti17 mates of greater, lesser, and substantially

18 equivalent risks that are familiar to and rou19 tinely encountered by the general public as well

20 as other risks, and where appropriate and

21 meaningful, comparisons of those risks with

22 other similar risks regulated by the Federal

23 agency resulting from comparable activities and

24 exposure pathways. Such comparisons should

25 consider relevant distinctions among risks, such
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1 as the voluntary or involuntary nature of risks

2 and the preventability or nonpreventability of

3 risks.

4 ‘‘(D) Each site-specific risk assessment

5 shall include a statement of any significant sub6 stitution risks to human health, where informa7 tion on such risks has been provided to the

8 Under Secretary.

9 ‘‘(E) If a commenter provides the Under

10 Secretary with a relevant risk assessment and a

11 summary thereof in a timely fashion and the

12 risk assessment is consistent with the principles

13 and the guidance provided under this section,

14 the Under Secretary shall, to the extent fea15 sible, present such summary in connection with

16 the presentation of the site-specific risk assess17 ment. Nothing in this paragraph shall be con18 strued to limit the inclusion of any comments or

19 material supplied by any person to the adminis20 trative record of any proceeding.

21 ‘‘(4) A site-specific risk assessment may satisfy the

22 requirements of subparagraph (C), (D), or (E) of

23 paragraph (3) by reference to information or mate24 rial otherwise available to the public if the document
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1 provides a brief summary of such information or

2 material.

3 ‘‘SEC. 414. ANALYSIS OF RISK REDUCTION BENEFITS AND

4 COSTS.

5 ‘‘(a) IN GENERAL.—The Under Secretary shall pre6 pare an analysis of risk reduction benefits and costs in

7 accordance with this section before the selection of a reme8 dial action at a defense nuclear facility.

9 ‘‘(b) CONTENTS OF ANALYSIS.—An analysis of risk

10 reduction benefits and costs for a remedial action shall

11 contain the following:

12 ‘‘(1) An identification of reasonable alternative

13 strategies, including strategies that are proposed

14 during a public comment period.

15 ‘‘(2) An analysis of the incremental costs and

16 incremental risk reduction or other benefits associ17 ated with each alternative remedial action identified

18 or considered. Costs and benefits shall be quantified

19 to the extent feasible and appropriate and may oth20 erwise be qualitatively described.

21 ‘‘(3) A statement that places in context the na22 ture and magnitude of the risks to be addressed and

23 the residual risks likely to remain for each alter24 native strategy identified or considered by the Under

25 Secretary. Such statement shall, to the extent fea-
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1 sible, provide comparisons with estimates of greater,

2 lesser, and substantially equivalent risks that are fa3 miliar to and routinely encountered by the general

4 public as well as other risks and, where appropriate

5 and meaningful, comparisons of those risks with

6 other similar risks regulated by the Federal Govern7 ment resulting from comparable activities and expo8 sure pathways. Such comparisons should consider

9 relevant distinctions among risks, such as the vol10 untary or involuntary nature of risks and the pre11 ventability or nonpreventability of risks.

12 ‘‘(4) An analysis of whether the identified bene13 fits of the remedial action are likely to exceed the

14 identified costs of the remedial action.’’.

15 SEC. 522. CONFORMING AMENDMENT.

16 Section 120(a)(3) of the Comprehensive Environ17 mental Response, Compensation, and Liability Act of

18 1980 (42 U.S.C. 9620(a)(3)) is amended by inserting

19 after the second sentence the following: ‘‘This subsection

20 also shall not apply to the extent otherwise provided in

21 title IV with respect to selection of remedial actions at

22 defense nuclear facilities.’’.

23 SEC. 523. RENEGOTIATION OF COMPLIANCE AGREEMENTS.

24 (a) REQUIREMENT.—For each defense nuclear facil25 ity with respect to which a compliance agreement has been
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1 entered into by the Secretary of Energy, the Environ2 mental Protection Agency, and a State as of the date of

3 the enactment of this Act, the Under Secretary of Defense

4 for Defense Nuclear Programs shall enter into negotia5 tions with the Environmental Protection Agency and the

6 State concerned to renegotiate the terms of the compliance

7 agreement to reflect title IV of the Comprehensive Envi8 ronmental Response, Compensation, and Liability Act of

9 1980, as added by section 521.

10 (b) DEADLINE.—The Under Secretary of Defense for

11 Defense Nuclear Programs shall complete renegotiation of

12 compliance agreements as required by subsection (a) not

13 later than one year after the date of the enactment of this

14 Act.

15 TITLE VI—DISPOSITION OF MIS16 CELLANEOUS PARTICULAR

17 PROGRAMS, FUNCTIONS, AND

18 AGENCIES OF DEPARTMENT

19 SEC. 601. ENERGY RESEARCH AND DEVELOPMENT.

20 (a) AUTHORIZATION.—

21 (1) LIMITATIONS.—The amount which may be

22 appropriated for Energy Supply Research and De23 velopment activities of the Department of Energy,

24 including Basic Energy Sciences, Magnetic Fusion

25 Energy, Solar and Renewable Energy, Nuclear Fis-
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1 sion, and Biological and Environmental Sciences re2 search and development, and all other research and

3 development activities of the Department of Energy

4 other than General Science and Research activities,

5 shall not exceed—

6 (A) for fiscal year 1996, 75 percent of the

7 budget authority available for such purposes for

8 fiscal year 1995;

9 (B) for fiscal year 1997, 50 percent of the

10 budget authority available for such purposes for

11 fiscal year 1995;

12 (C) for fiscal year 1998, 50 percent of the

13 budget authority available for such purposes for

14 fiscal year 1995;

15 (D) for fiscal year 1999, 50 percent of the

16 budget authority available for such purposes for

17 fiscal year 1995; and

18 (E) for fiscal year 2000, 50 percent of the

19 budget authority available for such purposes for

20 fiscal year 1995.

21 (2) DEFINITION.—For purposes of this sub22 section, the term ‘‘budget authority’’ has the mean23 ing given such term in section 3(2) of the Congres24 sional Budget Act of 1974.
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1 (b) RECOMMENDATIONS.—Within 1 year of the date

2 of the enactment of this Act, the Energy Laboratory Fa3 cilities Commission established under section 201(a) of

4 this Act shall identify in a report to Congress all research

5 and development activities of the Department of Energy

6 carried out at energy laboratories (as such term is defined

7 in section 208(5) of this Act) or at institutions of higher

8 education, that perform a critical research function of im9 portance to the long-term economic wellbeing of the Unit10 ed States. Such report shall include recommendations for

11 the transfer of such activities to appropriate Federal agen12 cies.

13 (c) TERMINATION OF PROGRAMS.—

14 (1) CLEAN COAL TECHNOLOGY.—The Secretary

15 of Energy shall terminate all clean coal technology

16 research and development activities of the Depart17 ment of Energy.

18 (2) FOSSIL ENERGY AND ENERGY CONSERVA19 TION.—There are authorized to be appropriated to

20 the Secretary of Energy—

21 (A) for fossil energy research and develop22 ment activities of the Department of Energy—

23 (i) $150,000,000 for fiscal year 1996;

24 (ii) $135,000,000 for fiscal year 1997;

25 and
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1 (iii) $120,000,000 for fiscal year

2 1998; and

3 (B) for energy conservation research and

4 development activities of the Department of En5 ergy—

6 (i) $427,000,000 for fiscal year 1996;

7 (ii) $412,000,000 for fiscal year 1997;

8 and

9 (iii) $397,000,000 for fiscal year

10 1998.

11 The fossil energy and energy conservation research

12 and development activities of the Department of En13 ergy shall be terminated at the end of fiscal year

14 1998.

15 (d) TRANSFER OF PROGRAMS.—The following activi16 ties of the Department of Energy shall, no later than 60

17 days after the date of the enactment of this Act, be trans18 ferred to the Department of Defense:

19 (1) All activities described under the category

20 ‘‘Weapons Activities’’ in the annual budget request

21 of the President for fiscal year 1996, including

22 weapons stockpile stewardship and management.

23 (2) All activities described under the category

24 ‘‘Materials Support and Other Defense Programs’’
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1 in the annual budget request of the President for

2 fiscal year 1996.

3 (e) PROGRESS REPORTS.—The Secretary of Energy

4 shall, every 90 days after the date of the enactment of

5 this Act until the completion of the execution of sub6 sections (c) and (d), transmit to the Congress a report

7 on the progress made toward such execution.

8 SEC. 602. ENERGY INFORMATION ADMINISTRATION.

9 There are hereby transferred to the Department of

10 the Treasury all functions performed by the Energy Infor11 mation Administration on the day before the effective date

12 of this section. There are authorized to be appropriated

13 for carrying out the activities of the Energy Information

14 Administration $40,000,000 for each of the fiscal years

15 1996 through 2000.

16 SEC. 603. ENERGY REGULATORY ADMINISTRATION.

17 There are hereby transferred to the Attorney General

18 all functions performed by the Energy Regulatory Admin19 istration on the day before the effective date of this sec20 tion.

21 SEC. 604. EFFECTIVE DATE.

22 (a) GENERAL RULE.—Except as provided in sub23 section (b), this title shall take effect on the date specified

24 in section 109(a) of this Act.
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1 (b) EXCEPTIONS.—Section 601 (c), (d), and (e), shall

2 take effect on the date of the enactment of this Act.

3 TITLE VII—CIVILIAN RADIO4 ACTIVE WASTE MANAGEMENT

5 SEC. 701. NUCLEAR WASTE REPOSITORY.

6 Effective upon the expiration of the 3rd calendar

7 month beginning after the date of the enactment of this

8 Act section 304 of the Nuclear Waste Policy Act of 1982

9 (42 U.S.C. 10224) is amended to read as follows:

10 ‘‘ARMY CORPS OF ENGINEERS

11 ‘‘SEC. 304. (a) TRANSFER.—The Office of Civilian

12 Radioactive Waste Management (referred to in this sec13 tion as the ‘office’) is terminated and the authority and

14 assets of the office with respect to its activities under title

15 I respecting a repository for radioactive waste and spent

16 nuclear fuel is transferred to the Army Corps of Engineers

17 (referred to in this section as the ‘Corps’. In connection

18 with the transfer, the Corps shall assume all contracts and

19 other obligations of the office with respect to the Yucca

20 Mountain site and the permits from the State of Nevada

21 for the site shall be reissued for the Corps.

22 ‘‘(b) YUCCA MOUNTAIN SITE.—The Corps shall re23 view the characterization plan of, and the work under24 taken by, the office for the Yucca Mountain site. Effective

25 6 months after the transfer under subsection (a), the

26 Corps shall prepare its own site characterization plan in
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1 accordance with section 113. The plan shall be submitted

2 to the Nuclear Waste Technical Review Board for its re3 view and comments. If the Yucca Mountain site is found

4 to be suitable, the Corps shall be responsible for managing

5 the design and construction of the site. Once completed,

6 the site shall be operated by the Corps in accordance with

7 this Act. The Corps shall provide benefits to the State of

8 Nevada in accordance with subtitle F of title I.

9 ‘‘(c) OTHER SITE.—If the Yucca Mountain site is

10 found to be unsuitable, the Corps shall undertake a site

11 characterization plan for another site.’’.

12 TITLE VIII—MISCELLANEOUS

13 PROVISIONS

14 SEC. 801. REFERENCES.

15 Any reference in any other Federal law, Executive

16 order, rule, regulation, or delegation of authority, or any

17 document of or pertaining to an office from which a func18 tion is transferred by this Act—

19 (1) to the Secretary of Energy or an officer of

20 the Department of Energy, is deemed to refer to the

21 head of the department or office to which such func22 tion is transferred; or

23 (2) to the Department of Energy is deemed to

24 refer to the department or office to which such func25 tion is transferred.
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1 SEC. 802. EXERCISE OF AUTHORITIES.

2 Except as otherwise provided by law, a Federal offi3 cial to whom a function is transferred by this Act may,

4 for purposes of performing the function, exercise all au5 thorities under any other provision of law that were avail6 able with respect to the performance of that function to

7 the official responsible for the performance of the function

8 immediately before the effective date of the transfer of the

9 function under this Act.

10 SEC. 803. SAVINGS PROVISIONS.

11 (a) LEGAL DOCUMENTS.—All orders, determinations,

12 rules, regulations, permits, grants, loans, contracts, agree13 ments, certificates, licenses, and privileges—

14 (1) that have been issued, made, granted, or al15 lowed to become effective by the President, the Sec16 retary of Energy, any officer or employee of any of17 fice transferred by this Act, or any other Govern18 ment official, or by a court of competent jurisdic19 tion, in the performance of any function that is

20 transferred by this Act, and

21 (2) that are in effect on the effective date of

22 such transfer (or become effective after such date

23 pursuant to their terms as in effect on such effective

24 date),

25 shall continue in effect according to their terms until

26 modified, terminated, superseded, set aside, or revoked in
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1 accordance with law by the President, any other author2 ized official, a court of competent jurisdiction, or operation

3 of law.

4 (b) PROCEEDINGS.—This Act shall not affect any

5 proceedings or any application for any benefits, service,

6 license, permit, certificate, or financial assistance pending

7 on the date of the enactment of this Act before an office

8 transferred by this Act, but such proceedings and applica9 tions shall be continued. Orders shall be issued in such

10 proceedings, appeals shall be taken therefrom, and pay11 ments shall be made pursuant to such orders, as if this

12 Act had not been enacted, and orders issued in any such

13 proceeding shall continue in effect until modified, termi14 nated, superseded, or revoked by a duly authorized official,

15 by a court of competent jurisdiction, or by operation of

16 law. Nothing in this subsection shall be considered to pro17 hibit the discontinuance or modification of any such pro18 ceeding under the same terms and conditions and to the

19 same extent that such proceeding could have been discon20 tinued or modified if this Act had not been enacted.

21 (c) SUITS.—This Act shall not affect suits com22 menced before the date of the enactment of this Act, and

23 in all such suits, proceeding shall be had, appeals taken,

24 and judgments rendered in the same manner and with the

25 same effect as if this Act had not been enacted.
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1 (d) NONABATEMENT OF ACTIONS.—No suit, action,

2 or other proceeding commenced by or against the Depart3 ment of Energy or the Secretary of Energy, or by or

4 against any individual in the official capacity of such indi5 vidual as an officer or employee of an office transferred

6 by this Act, shall abate by reason of the enactment of this

7 Act.

8 (e) CONTINUANCE OF SUITS.—If any officer of the

9 Department of Energy or the Energy Programs Resolu10 tion Agency in the official capacity of such officer is party

11 to a suit with respect to a function of the officer, and

12 under this Act such function is transferred to any other

13 officer or office, then such suit shall be continued with

14 the other officer or the head of such other office, as appli15 cable, substituted or added as a party.

16 SEC. 804. TRANSFER OF ASSETS.

17 Except as otherwise provided in this Act, so much

18 of the personnel, property, records, and unexpended bal19 ances of appropriations, allocations, and other funds em20 ployed, used, held, available, or to be made available in

21 connection with a function transferred to an official by

22 this Act shall be available to the official at such time or

23 times as the Director of the Office of Management and

24 Budget directs for use in connection with the functions

25 transferred.
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1 SEC. 805. DELEGATION AND ASSIGNMENT.

2 Except as otherwise expressly prohibited by law or

3 otherwise provided in this Act, an official to whom func4 tions are transferred under this Act (including the head

5 of any office to which functions are transferred under this

6 Act) may delegate any of the functions so transferred to

7 such officers and employees of the office of the official as

8 the official may designate, and may authorize successive

9 redelegations of such functions as may be necessary or ap10 propriate. No delegation of functions under this section

11 or under any other provision of this Act shall relieve the

12 official to whom a function is transferred under this Act

13 of responsibility for the administration of the function.

14 SEC. 806. AUTHORITY OF OFFICE OF MANAGEMENT AND

15 BUDGET WITH RESPECT TO FUNCTIONS

16 TRANSFERRED.

17 (a) DETERMINATIONS.—If necessary, the Office of

18 Management and Budget shall make any determination of

19 the functions that are transferred under this Act.

20 (b) INCIDENTAL TRANSFERS.—The Director of the

21 Office of Management and Budget, at such time or times

22 as the Director shall provide, may make such determina23 tions as may be necessary with regard to the functions

24 transferred by this Act, and to make such additional inci25 dental dispositions of personnel, assets, liabilities, grants,

26 contracts, property, records, and unexpended balances of
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1 appropriations, authorizations, allocations, and other

2 funds held, used, arising from, available to, or to be made

3 available in connection with such functions, as may be nec4 essary to carry out the provisions of this Act. The Director

5 of the Office of Management and Budget shall provide for

6 the termination of the affairs of all entities terminated by

7 this Act and for such further measures and dispositions

8 as may be necessary to effectuate the purposes of this Act.

9 SEC. 807. PROPOSED CHANGES IN LAW.

10 Not later than one year after the date of the enact11 ment of this Act, the Director of the Office of Manage12 ment and Budget shall submit to the Congress a descrip13 tion of any changes in Federal law necessary to reflect

14 abolishments, transfers, terminations, and disposals under

15 this Act.

16 SEC. 808. CERTAIN VESTING OF FUNCTIONS CONSIDERED

17 TRANSFER.

18 For purposes of this title, the vesting of a function

19 in a department or office pursuant to reestablishment of

20 an office shall be considered to be the transfer of the func21 tion.

22 SEC. 809. DEFINITIONS.

23 Except as otherwise provided in this Act, for purposes

24 of this Act the following definitions apply:
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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Energy Pro3 grams Resolution Agency.

4 (2) AGENCY.—The term ‘‘Agency’’ means the

5 Energy Programs Resolution Agency.

6 (3) FUNCTION.—The term ‘‘function’’ includes

7 any duty, obligation, power, authority, responsibility,

8 right, privilege, activity, or program.

9 (4) OFFICE.—The term ‘‘office’’ includes any

10 office, administration, agency, institute, council,

11 unit, organizational entity, or component thereof.

12 (5) TERMINATION DATE.—The term ‘‘termi13 nation date’’ means the termination date under sec14 tion 106(d).

15 (6) WIND-UP PERIOD.—The term ‘‘wind-up pe16 riod’’ means the period beginning on the effective

17 date specified in section 109(a) and ending on the

18 termination date.

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