I

104TH CONGRESS

1ST SESSION H. R. 1628

To establish a Defense Nuclear Programs Agency to carry out all defense

nuclear programs matters.

IN THE HOUSE OF REPRESENTATIVES

MAY 12, 1995

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

on National Security

A BILL

To establish a Defense Nuclear Programs Agency to carry

out all defense nuclear programs matters.

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 TITLE.

4 This Act may be cited as the ‘‘Defense Nuclear Pro5 grams Agency Organization Act’’.

6 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

Sec. 4. Establishment and organization of Defense Nuclear Programs Agency.

Sec. 5. Functions of Defense Nuclear Programs Agency.

Sec. 6. Transfers of functions.

Sec. 7. Limitation on transfers of funds.
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Sec. 8. Transition provisions.

Sec. 9. Savings provisions.

Sec. 10. Technical and conforming amendments.

Sec. 11. Effective date and transition period.

1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) The term ‘‘defense nuclear programs mat4 ters’’ means matters related to the military use of

5 nuclear energy and nuclear weapons, including all

6 such matters that were under the jurisdiction of the

7 following entities on the day before the date of the

8 enactment of this Act:

9 (A) The Department of Energy.

10 (B) The Defense Nuclear Agency of the

11 Department of Defense.

12 (C) The Strategic Systems Programs of

13 the Department of the Navy.

14 (D) The Defense Nuclear Facilities Safety

15 Board.

16 (2) The term ‘‘Administrator’’ means the Ad17 ministrator of the Defense Nuclear Programs Agen18 cy.

19 (3) The term ‘‘Agency’’ means the Defense Nu20 clear Programs Agency.
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1 SEC. 4. ESTABLISHMENT AND ORGANIZATION OF DEFENSE

2 NUCLEAR PROGRAMS AGENCY.

3 (a) ESTABLISHMENT OF DEFENSE NUCLEAR PRO4 GRAMS AGENCY.—There is established an agency to be

5 known as the Defense Nuclear Programs Agency.

6 (b) ADMINISTRATOR.—The Agency shall be headed

7 by an Administrator, who shall serve as the principal ad8 viser to the President and the Secretary of Defense on

9 defense nuclear programs matters. In carrying out his du10 ties under this Act, the Administrator shall, under the di11 rection of the Secretary of Defense, have primary respon12 sibility within the Government for defense nuclear pro13 grams matters. The Administrator shall be appointed by

14 the President, by and with the advice and consent of the

15 Senate. A commissioned officer of the Armed Forces serv16 ing on active duty may not be appointed Administrator.

17 The Administrator shall be compensated at the rate pro18 vided for level II of the Executive Schedule under section

19 5313 of title 5, United States Code.

20 (c) DEPUTY ADMINISTRATOR.—A Deputy Adminis21 trator of the Agency shall be appointed by the President,

22 by and with the advice and consent of the Senate. The

23 Deputy Administrator shall perform such duties and exer24 cise such powers as the Administrator may prescribe. The

25 Deputy Administrator shall act for, and exercise the pow26 ers of, the Administrator during the Administrator’s ab-
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1 sence or disability or during a vacancy in such office. A

2 commissioned officer of the Armed Forces serving on ac3 tive duty may not be appointed Deputy Administrator.

4 The Deputy Administrator shall be compensated at the

5 rate provided for level III of the Executive Schedule under

6 section 5314 of title 5, United States Code.

7 (d) ASSISTANT ADMINISTRATORS.—(1) Four Assist8 ant Administrators of the Agency shall be appointed by

9 the President, by and with the advice and consent of the

10 Senate. They shall perform such duties and exercise such

11 powers as the Administrator may prescribe.

12 (2) One of the Assistant Administrators shall have

13 as his principal duty the overall supervision of environ14 mental restoration of defense nuclear weapons facilities.

15 (3) One of the Assistant Administrators shall have

16 as his principal duty the overall supervision of the over17 sight of the defense and nondefense functions and budgets

18 of the Sandia National Laboratories, the Los Alamos Na19 tional Laboratory, and the Lawrence Livermore National

20 Laboratory.

21 (4) Each Assistant Administrator shall be com22 pensated at the rate provided for level IV of the Executive

23 Schedule under section 5315 of title 5, United States

24 Code.
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1 (e) INSPECTOR GENERAL.—There shall be an Inspec2 tor General of the Agency, who shall be appointed as pro3 vided in section 3 of the Inspector General Act of 1978

4 (5 U.S.C. App. 3). The Inspector General shall perform

5 the duties, have the responsibilities, and exercise the pow6 ers specified in the Inspector General Act of 1978 (5

7 U.S.C. App. 3).

8 (f) GENERAL COUNSEL.—There shall be a General

9 Counsel of the Agency, who shall be appointed by the Ad10 ministrator. The General Counsel shall be the chief legal

11 officer for all legal matters arising from the conduct of

12 the functions of the Agency. The General Counsel shall

13 be compensated at the rate provided for level V of the Ex14 ecutive Schedule under section 5316 of title 5, United

15 States Code.

16 SEC. 5. FUNCTIONS OF DEFENSE NUCLEAR PROGRAMS

17 AGENCY.

18 (a) IN GENERAL.—The Administrator shall be re19 sponsible for the exercise of all powers and the discharge

20 of all duties of the Agency.

21 (b) TRANSFERRED FUNCTIONS.—The Administrator

22 shall carry out all functions transferred to the Adminis23 trator pursuant to section 6.
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1 (c) STAFF DIRECTOR OF NUCLEAR WEAPONS COUN2 CIL.—Paragraph (2) of section 179(c) of title 10, United

3 States Code, is amended to read as follows:

4 ‘‘(2) The Administrator of the Defense Nuclear Pro5 grams Agency shall be the Staff Director of the Council.’’.

6 SEC. 6. TRANSFERS OF FUNCTIONS.

7 (a) DEPARTMENT OF ENERGY.—(1) There are here8 by transferred to the Administrator all functions per9 formed by the Department of Energy on the day before

10 the date of the enactment of this Act relating to the na11 tional security functions of the Department, including de12 fense, nonproliferation, and defense-related environmental

13 management programs.

14 (2) There are hereby transferred to the Adminis15 trator all functions performed by the Department of En16 ergy on the day before the date of the enactment of this

17 Act relating to the oversight of the defense and nondefense

18 functions and budgets of the following laboratories:

19 (A) Sandia National Laboratories, Albuquerque,

20 New Mexico, and Livermore, California.

21 (B) Los Alamos National Laboratory, Los Ala22 mos, New Mexico.

23 (C) Lawrence Livermore National Laboratory,

24 California.
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1 (b) DEFENSE NUCLEAR AGENCY.—There are hereby

2 transferred to the Administrator all functions performed

3 by the Defense Nuclear Agency of the Department of De4 fense on the day before the date of the enactment of this

5 Act.

6 (c) DEPARTMENT OF THE NAVY.—There are hereby

7 transferred to the Administrator all functions performed

8 by the Department of the Navy on the day before the date

9 of the enactment of this Act relating to its Strategic Sys10 tems Programs.

11 (d) DEFENSE NUCLEAR FACILITIES SAFETY

12 BOARD.—There are hereby transferred to the Adminis13 trator all functions performed by the Defense Nuclear Fa14 cilities Safety Board on the day before the date of the en15 actment of this Act.

16 (e) OTHER NUCLEAR WEAPONS-RELATED FUNC17 TIONS.—The Secretary of Defense may transfer to the Ad18 ministrator such other functions performed in the Depart19 ment of Defense on the day before the date of the enact20 ment of this Act relating to nuclear weapons as the Sec21 retary considers appropriate.

22 (f) CONFORMING REPEALS.—

23 (1) ASSISTANT TO THE SECRETARY OF DE24 FENSE FOR ATOMIC ENERGY.—Section 141 of title

25 10, United States Code, is hereby repealed. The
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1 table of sections at the beginning of chapter 4 of

2 such title is amended by striking out the item relat3 ing to such section.

4 (2) DEFENSE NUCLEAR FACILITIES SAFETY

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

6 1954 (42 U.S.C. 2286) is hereby repealed.

7 (3) REFERENCES.—Any reference to the Assist8 ant Secretary of Defense for Atomic Energy or the

9 Defense Nuclear Facilities Safety Board in any pro10 vision of law or in any rule, regulation, or other

11 paper of the United States shall be treated as refer12 ring to the Administrator.

13 SEC. 7. LIMITATION ON TRANSFERS OF FUNDS.

14 No amount appropriated to the Agency may be trans15 ferred to any other account (other than another account

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

17 account is specifically authorized by law. No amount ap18 propriated to the Department of Defense or another de19 partment or agency may be transferred to the Adminis20 trator or to an account for the Agency unless the transfer

21 of such amount to such account is specifically authorized

22 by law.

23 SEC. 8. TRANSITION PROVISIONS.

24 (a) EXERCISE OF AUTHORITIES.—Except as other25 wise provided by law, the Administrator may, for purposes
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1 of performing a function that is transferred to the Admin2 istrator by this Act, exercise all authorities under any

3 other provision of law that were available with respect to

4 the performance of that function to the official responsible

5 for the performance of that function on the day before

6 the date of the enactment of this Act.

7 (b) AUTHORITIES TO WIND UP AFFAIRS.—

8 (1) IN GENERAL.—(A) The Director of the Of9 fice of Management and Budget may take such ac10 tions as the Director considers necessary to wind up

11 any outstanding affairs of the Department of En12 ergy associated with the functions that are trans13 ferred pursuant to section 6(a).

14 (B) The Secretary of Defense may take such

15 actions as the Secretary considers necessary to wind

16 up any outstanding affairs of the Defense Nuclear

17 Agency associated with the functions that are trans18 ferred pursuant to section 6(b), any outstanding af19 fairs of the Department of Defense associated with

20 any functions that may be transferred pursuant to

21 section 6(d), and any outstanding affairs of the As22 sistant to the Secretary of Defense for Atomic En23 ergy.

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

25 actions as the Secretary considers necessary to wind
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1 up any outstanding affairs of the Strategic Systems

2 Programs of the Department of the Navy associated

3 with the functions that are transferred pursuant to

4 section 6(c).

5 (D) The Director of the Office of Management

6 and Budget may take such actions as the Director

7 considers necessary to wind up any outstanding af8 fairs of the Defense Nuclear Facilities Safety Board.

9 (2) TRANSFER OF ASSETS.—So much of the

10 personnel, property, records, and unexpended bal11 ances of appropriations, allocations, and other funds

12 employed, used, held, available, or to be made avail13 able in connection with a function transferred to the

14 Administrator by this Act are transferred to the Ad15 ministrator for use in connection with the functions

16 transferred.

17 (3) FURTHER MEASURES AND DISPOSITIONS.—

18 Such further measures and dispositions as the Presi19 dent considers necessary to effectuate the transfers

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

21 such manner as the President directs and by the

22 heads of such agencies as the President designates.

23 SEC. 9. SAVINGS PROVISIONS.

24 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—

25 All orders, determinations, rules, regulations, permits,
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1 agreements, grants, contracts, certificates, licenses, reg2 istrations, privileges, and other administrative actions—

3 (1) which have been issued, made, granted, or

4 allowed to become effective by the President, any

5 Federal agency or official thereof, or by a court of

6 competent jurisdiction, in the performance of func7 tions which are transferred under this Act, and

8 (2) which are in effect at the time this Act

9 takes effect, or were final before the effective date

10 of this Act and are to become effective on or after

11 the effective date of this Act,

12 shall continue in effect according to their terms until

13 modified, terminated, superseded, set aside, or revoked in

14 accordance with law by the President, the Attorney Gen15 eral or other authorized official, a court of competent ju16 risdiction, or by operation of law.

17 (b) PROCEEDINGS NOT AFFECTED.—The provisions

18 of this Act shall not affect any proceedings, including no19 tices of proposed rulemaking, or any application for any

20 license, permit, certificate, or financial assistance pending

21 at the time this Act takes effect, with respect to functions

22 transferred by this Act but such proceedings and applica23 tions shall be continued. Orders shall be issued in such

24 proceedings, appeals shall be taken therefrom, and pay25 ments shall be made pursuant to such orders, as if this
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1 Act had not been enacted, and orders issued in any such

2 proceedings shall continue in effect until modified, termi3 nated, superseded, or revoked by a duly authorized official,

4 by a court of competent jurisdiction, or by operation of

5 law. Nothing in this subsection shall be deemed to prohibit

6 the discontinuance or modification of any such proceeding

7 under the same terms and conditions and to the same ex8 tent that such proceeding could have been discontinued

9 or modified if this Act had not been enacted.

10 (c) SUITS NOT AFFECTED.—The provisions of this

11 Act shall not affect suits commenced before the effective

12 date of this Act, and in all such suits, proceedings shall

13 be had, appeals taken, and judgments rendered in the

14 same manner and with the same effect as if this Act had

15 not been enacted.

16 (d) NONABATEMENT OF ACTIONS.—No suit, action,

17 or other proceeding commenced by or against a depart18 ment or agency, functions of which are transferred by this

19 Act, or by or against any individual in the official capacity

20 of such individual as an officer of a department or agency,

21 functions of which are transferred by this Act, shall abate

22 by reason of the enactment of this Act.
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1 SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.

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

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

4 amended—

5 (1) in paragraph (1), by inserting after ‘‘Inter6 national Development,’’ the following: ‘‘the Defense

7 Nuclear Programs Agency,’’; and

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

9 Social Security Administration;’’ and inserting in

10 lieu thereof ‘‘the Social Security Administration, or

11 the Defense Nuclear Programs Agency;’’.

12 (b) EXECUTIVE SCHEDULE.—(1) Section 5313 of

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

14 end the following:

15 ‘‘Administrator, Defense Nuclear Programs

16 Agency.’’.

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

18 amended by adding at the end the following:

19 ‘‘Deputy Administrator, Defense Nuclear Pro20 grams Agency.’’.

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

22 amended by adding at the end the following:

23 ‘‘Assistant Administrators, Defense Nuclear

24 Programs Agency (4).

25 ‘‘Inspector General, Defense Nuclear Programs

26 Agency.’’.
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1 (4) Section 5316 of title 5, United States Code, is

2 amended by adding at the end the following:

3 ‘‘General Counsel, Defense Nuclear Programs

4 Agency.’’.

5 SEC. 11. EFFECTIVE DATE AND TRANSITION PERIOD.

6 (a) EFFECTIVE DATE.—Except as provided in sub7 section (b), this Act shall take effect on the date of the

8 enactment of this Act.

9 (b) DELAYED EFFECTIVE DATE FOR ESTABLISH10 MENT OF AGENCY AND TRANSFERS OF FUNCTIONS.—

11 Section 4(a) and section 6 of this Act shall take effect

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

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

14 the Secretary of Energy, the Assistant to the Secretary

15 of Defense for Atomic Energy, and the Defense Nuclear

16 Facilities Safety Board shall, beginning as soon as prac17 ticable after the date of the enactment of this Act, plan

18 for the orderly establishment of, and transfer of functions

19 to, the Agency pursuant to this Act.

20 (d) APPOINTMENT AUTHORITY.—The President may

21 make appointments under section 2 notwithstanding the

22 delayed effective date under subsection (b) for the estab23 lishment of the Agency.

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