I

104TH CONGRESS

1ST SESSION H. R. 1993

To abolish the Department of Energy.

IN THE HOUSE OF REPRESENTATIVES

JUNE 30, 1995

Mr. TIAHRT (for himself, Mr. BROWNBACK, Mr. BASS, Mr. BARTLETT of

Maryland, Mr. COBURN, Mr. CREMEANS, Mr. FOLEY, Mr. SHADEGG, Mr.

ARMEY, Mr. DELAY, Mr. BOEHNER, Mr. KASICH, Mr. SOLOMON, Mr.

SCARBOROUGH, Mr. NEUMANN, Mr. HOSTETTLER, Mr. EWING, Mrs.

WALDHOLTZ, Mrs. MYRICK, Mr. SMITH of Michigan, Mr. PACKARD, Mr.

PARKER, Mr. CHRISTENSEN, Mr. CRANE, Mr. DORNAN, Mr. LOBIONDO,

Mr. STOCKMAN, Mr. HANCOCK, Mr. HOEKSTRA, Mr. WICKER, Mrs.

SEASTRAND, Mr. ROYCE, Mr. GUTKNECHT, Mr. CHRYSLER, Mrs. LOWEY,

Mr. MILLER of Florida, Mr. HUTCHINSON, Mr. KLUG, Mr.

FUNDERBURK, Mr. LINDER, Mr. HOKE, Ms. DUNN of Washington, Mr.

TATE, Mr. WHITE, Mr. NETHERCUTT, Mr. METCALF, Mrs. CUBIN, Mrs.

CHENOWETH, Mr. SAM JOHNSON of Texas, and Mrs. SMITH of Washington) introduced the following bill; which was referred to the Committee

on Commerce, and in addition to the Committees on National Security,

Science, Resources, Rules, and Government Reform and Oversight, 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 abolish the Department of Energy.

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

2 This Act may be cited as the ‘‘Department of Energy

3 Abolishment Act’’.

4 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

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

Petroleum Reserve Numbered 1).

TITLE V—NATIONAL SECURITY AND ENVIRONMENTAL

MANAGEMENT PROGRAMS

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 MISCELANEOUS 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.
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1 TITLE I—ABOLISHMENT OF

2 DEPARTMENT OF ENERGY

3 SEC. 101. REESTABLISHMENT OF DEPARTMENT AS ENERGY

4 PROGRAMS RESOLUTION AGENCY.

5 (a) REESTABLISHMENT.—The Department of En6 ergy is hereby redesignated as the Energy Programs Reso7 lution Agency, which shall be an independent agency in

8 the executive branch of the Government.

9 (b) ADMINISTRATOR.—

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

11 of the Agency an Administrator of the Agency, who

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

13 advice and consent of the Senate. The Agency shall

14 be administered under the supervision and direction

15 of the Administrator. The Administrator shall re16 ceive compensation at the rate prescribed for level II

17 of the Executive Schedule under section 5313 of title

18 5, United States Code.

19 (2) INITIAL APPOINTMENT OF ADMINIS20 TRATOR.—Notwithstanding any other provision of

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

22 time after the date of the enactment of this Act, ap23 point an individual to serve as Administrator of the

24 Energy Programs Resolution Agency (who may be

25 the Secretary of Energy), as such position is estab-
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1 lished under paragraph (1). An appointment under

2 this paragraph may not be construed to affect the

3 position of Secretary of Energy or the authority of

4 the Secretary before the effective date specified in

5 section 109(a).

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

7 for—

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

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

10 pursuant to section 102 and the other provisions of

11 this Act;

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

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

14 Federal Government under any programs terminated

15 or repealed by this Act; and

16 (3) taking such other actions as may be nec17 essary, before the termination date, to wind up any

18 outstanding affairs of the Department of Energy.

19 SEC. 102. FUNCTIONS.

20 Except as otherwise provided in this Act, the Admin21 istrator shall perform all functions that, immediately be22 fore the effective date of this section, were functions of

23 the Department of Energy (or any office of the Depart24 ment) or were performed by the Secretary of Energy or
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1 any other officer or employee of the Department in the

2 capacity as such officer or employee.

3 SEC. 103. DEPUTY ADMINISTRATOR.

4 The Agency shall have a Deputy Administrator, who

5 shall—

6 (1) be appointed by and report to the Adminis7 trator; and

8 (2) shall perform such functions as may be del9 egated by the Administrator.

10 SEC. 104. CONTINUATION OF SERVICE OF DEPARTMENT OF11 FICERS.

12 (a) CONTINUATION OF SERVICE OF SECRETARY.—

13 The individual serving on the effective date specified in

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

15 act as Administrator until the date an individual is ap16 pointed under this title to the position of Administrator,

17 or until the end of the 120-day period provided for in sec18 tion 3348 of title 5, United States Code (relating to limita19 tions on the period of time a vacancy may be filled tempo20 rarily), whichever is earlier.

21 (b) CONTINUATION OF SERVICE OF OTHER OFFI22 CERS.—An individual serving on the effective date speci23 fied in section 109(a) as an officer of the Department of

24 Energy other than the Secretary of Energy may continue

25 to serve and act in an equivalent capacity in the Agency
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1 until the date an individual is appointed under this title

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

3 120-day period provided for in section 3348 of title 5,

4 United States Code (relating to limitations on the period

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

6 to that appointment, whichever is earlier.

7 (c) COMPENSATION FOR CONTINUED SERVICE.—Any

8 person—

9 (1) who acts as the Administrator under sub10 section (a), or

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

12 after the effective date specified in section 109(a) and be13 fore the first appointment of a person as Administrator

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

15 at which such person was compensated before such effec16 tive date.

17 SEC. 105. REORGANIZATION.

18 The Administrator may allocate or reallocate any

19 function of the Agency pursuant to this Act among the

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

21 alter, or discontinue in the Energy Programs Resolution

22 Agency any organizational entities that were entities of

23 the Department of Energy, as the Administrator considers

24 necessary or appropriate.
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1 SEC. 106. ABOLISHMENT OF ENERGY PROGRAMS RESOLU2 TION AGENCY.

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

4 under subsection (d), the Energy Programs Resolution

5 Agency is abolished.

6 (b) ABOLITION OF FUNCTIONS.—Except for func7 tions transferred or otherwise continued by this Act, all

8 functions that, immediately before the termination date,

9 were functions of the Energy Programs Resolution Agency

10 are abolished effective on the termination date.

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

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

13 President shall submit to the Congress a plan for winding

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

15 and not by later than the termination date under sub16 section (d).

17 (d) TERMINATION DATE.—The termination date

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

19 date of the enactment of this Act.

20 SEC. 107. GAO REPORT.

21 Not later than 180 days after the date of enactment

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

23 shall submit to the Congress a report which shall include

24 recommendations for the most efficient means of achiev25 ing, in accordance with this Act—
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1 (1) the complete abolishment of the Depart2 ment of Energy; and

3 (2) the termination or transfer or other con4 tinuation of the functions of the Department of En5 ergy.

6 SEC. 108. CONFORMING AMENDMENTS.

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

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

9 ‘‘Secretary of Energy,’’.

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

11 5, United States Code, is amended by striking the follow12 ing item:

13 ‘‘The Department of Energy.’’.

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

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

16 following item:

17 ‘‘Secretary of Energy.’’.

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

19 5313 of title 5, United States Code, is amended by strik20 ing the following item:

21 ‘‘Deputy Secretary of Energy.’’.

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

23 5314 of title 5, United States Code, is amended by strik24 ing the following item:

25 ‘‘Under Secretary, Department of Energy.’’.
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1 (f) MISCELLANEOUS OFFICERS’ COMPENSATION.—

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

3 (1) by striking the following items:

4 ‘‘Assistant Secretaries of Energy (8).

5 ‘‘General Counsel of the Department of Energy.

6 ‘‘Administrator, Economic Regulatory Adminis7 tration, Department of Energy.

8 ‘‘Administrator, Energy Information Adminis9 tration, Department of Energy.

10 ‘‘Inspector General, Department of Energy.

11 ‘‘Director, Office of Energy Research, Depart12 ment of Energy.’’; and

13 (2) by striking the following item:

14 ‘‘Chief Financial Officer, Department of En15 ergy.’’.

16 (g) INSPECTOR GENERAL ACT OF 1978.—The In17 spector General Act of 1978 (5 U.S.C. App.) is amend18 ed—

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

20 (E);

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

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

23 (h) DEPARTMENT OF ENERGY ORGANIZATION

24 ACT.—Effective on the termination date, the following
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1 provisions of the Department of Energy Organization Act

2 (42 U.S.C. 7101 et seq.) are repealed:

3 (1) Sections 1 and 2.

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

5 SEC. 109. EFFECTIVE DATE.

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

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

8 after the date of the enactment of this Act.

9 (b) PROVISIONS EFFECTIVE ON DATE OF ENACT10 MENT.—The following provisions of this title shall take ef11 fect on the date of the enactment of this Act:

12 (1) Section 101(b).

13 (2) Section 106(c).

14 (3) Section 107.

15 TITLE II—ENERGY LABORATORY

16 FACILITIES

17 SEC. 201. ENERGY LABORATORY FACILITIES COMMISSION.

18 (a) ESTABLISHMENT.—There is established an inde19 pendent commission to be known as the ‘‘Energy Labora20 tory Facilities Commission’’, for the purpose of reducing

21 the number of energy laboratories and programs at those

22 laboratories, through reconfiguration, privatization, and

23 closure, while preserving the traditional role the energy

24 laboratories have contributed to the national defense.
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1 (b) DUTIES.—The Commission shall carry out the

2 duties specified for the Commission in this title.

3 (c) APPOINTMENT.—

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

5 composed of 7 members appointed by the President,

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

7 The President shall transmit to the Senate the

8 nominations for appointment to the Commission not

9 later than 3 months after the date of the enactment

10 of this Act.

11 (2) CONSULTATION.—In selecting individuals

12 for nominations for appointments to the Commis13 sion, the President should consult with—

14 (A) the Speaker of the House of Rep15 resentatives concerning the appointment of 2

16 members; and

17 (B) the majority leader of the Senate con18 cerning the appointment of 2 members.

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

20 nominates individuals for appointment to the Com21 mission, the President shall designate one such indi22 vidual who shall serve as Chairperson of the Com23 mission.
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1 (d) TERMS.—The term of each member of the Com2 mission shall expire on the termination of the Commission

3 under subsection (l).

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

5 other than meetings in which classified information is to

6 be discussed, shall be open to the public.

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

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

9 (g) PAY AND TRAVEL EXPENSES.—

10 (1) BASIC PAY.—

11 (A) PAY OF MEMBERS.—Each member,

12 other than the Chairperson, shall be paid at a

13 rate equal to the daily equivalent of the mini14 mum annual rate of basic pay payable for level

15 IV of the Executive Schedule under section

16 5315 of title 5, United States Code, for each

17 day (including travel time) during which the

18 member is engaged in the actual performance of

19 duties vested in the Commission.

20 (B) PAY OF CHAIRPERSON.—The Chair21 person shall be paid for each day referred to in

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

23 equivalent of the minimum annual rate of basic

24 pay payable for level III of the Executive
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1 Schedule under section 5314 of title 5, United

2 States Code.

3 (2) TRAVEL EXPENSES.—Members shall receive

4 travel expenses, including per diem in lieu of subsist5 ence, in accordance with sections 5702 and 5703 of

6 title 5, United States Code.

7 (h) DIRECTOR.—

8 (1) IN GENERAL.—The Commission shall, with9 out regard to section 5311(b) of title 5, United

10 States Code, appoint a Director who—

11 (A) has not served as a civilian employee

12 of the Department of Energy during the 2-year

13 period preceding the date of such appointment;

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

15 laboratory during the 5-year period preceding

16 the date of such appointment; and

17 (C) has not been an employee of a contrac18 tor operating an energy laboratory during the

19 5-year period preceding the date of such ap20 pointment.

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

22 rate of basic pay payable for level IV of the Execu23 tive Schedule under section 5315 of title 5, United

24 States Code.

25 (i) STAFF.—
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1 (1) APPOINTMENT BY DIRECTOR.—Subject to

2 paragraphs (2) and (3), the Director, with the ap3 proval of the Commission, may appoint and fix the

4 pay of additional personnel.

5 (2) APPLICABILITY OF CERTAIN CIVIL SERVICE

6 LAWS.—The Director may make such appointments

7 without regard to the provisions of title 5, United

8 States Code, governing appointments in the competi9 tive service, and any personnel so appointed may be

10 paid without regard to the provisions of chapter 51

11 and subchapter III of chapter 53 of that title relat12 ing to classification and General Schedule pay rates,

13 except that an individual so appointed may not re14 ceive pay in excess of the annual rate of basic pay

15 payable for level IV of the Executive Schedule under

16 section 5315 of title 5, United States Code.

17 (3) LIMITATIONS.—Not more than one-third of

18 the personnel employed by or detailed to the Com19 mission shall be individuals employed by the Depart20 ment of Energy on the day before the date of the

21 enactment of this Act. No employee of an energy

22 laboratory, or of a contractor who operates an en23 ergy laboratory, may be detailed to the Commission.

24 (4) SUPPORT FROM OTHER AGENCIES.—Upon

25 request of the Director, the head of a Federal agen-
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1 cy may detail any of the personnel of that agency to

2 the Commission to assist the Commission in carry3 ing out its duties under this title.

4 (5) SUPPORT FROM COMPTROLLER GENERAL.—

5 The Comptroller General of the United States shall

6 provide assistance, including the detailing of employ7 ees, to the Commission in accordance with an agree8 ment entered into with the Commission.

9 (j) OTHER AUTHORITY.—

10 (1) TEMPORARY AND INTERMITTENT SERV11 ICES.—The Commission may procure by contract, to

12 the extent funds are available, the temporary or

13 intermittent services of experts or consultants pursu14 ant to section 3109 of title 5, United States Code.

15 (2) AUTHORITY TO LEASE SPACE AND ACQUIRE

16 CERTAIN PROPERTY.—The Commission may lease

17 space and acquire personal property to the extent

18 funds are available. To the extent practicable, the

19 Commission shall use suitable real property available

20 under the most recent inventory of real property as21 sets published by the Resolution Trust Corporation

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

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

24 (k) FUNDING.—There are authorized to be appro25 priated to the Commission such funds as are necessary
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1 to carry out its duties under this title. Such funds shall

2 remain available until expended.

3 (l) TERMINATION.—The Commission shall terminate

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

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

6 SEC. 202. PROCEDURE FOR MAKING RECOMMENDATIONS

7 FOR LABORATORY FACILITIES.

8 (a) SELECTION CRITERIA.—In making recommenda9 tions for the reconfiguration, privatization, and closure of

10 energy laboratories and termination of programs at such

11 laboratories under this section, the Secretary or the Ad12 ministrator, as appropriate, and the Commission shall—

13 (1) give strong consideration to the closure or

14 reconfiguration of energy laboratories;

15 (2) eliminate duplication of effort by energy

16 laboratories and reduce overhead costs as a propor17 tion of program benefits distributed through an en18 ergy laboratory;

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

20 budget for such laboratories;

21 (4) define appropriate missions for each energy

22 laboratory, and ensure that the activities of each

23 such laboratory are focused on its mission or mis24 sions;
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1 (5) consider the program costs and program

2 distributions on a State and county basis, including

3 real and personal property costs associated with

4 each energy laboratory considered;

5 (6) consider the number of participants in pro6 grams conducted through an energy laboratory and

7 staff resources involved;

8 (7) estimate the cost savings and increases that

9 would accrue through the reconfiguration of energy

10 laboratories;

11 (8) consider the potential of each energy labora12 tory to generate revenues or to offset costs;

13 (9) consider the transfer of energy laboratories

14 to other Federal agencies;

15 (10) consider the privatization of the energy

16 laboratories as an alternative to closure or reconfig17 uration; and

18 (11) be subject to the requirements of section

19 601 of this Act.

20 (b) RECOMMENDATIONS.—

21 (1) PUBLICATION AND TRANSMITTAL.—Not

22 later than 3 months after the date of the enactment

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

24 appropriate, shall publish in the Federal Register

25 and transmit to the congressional energy committees
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1 and to the Commission a list of the energy labora2 tories that the Secretary or the Administrator, as

3 appropriate, recommends for reconfiguration, privat4 ization, and closure.

5 (2) SUMMARY OF SELECTION PROCESS.—The

6 Secretary or the Administrator, as appropriate, shall

7 include, with the list of recommendations published

8 and transmitted pursuant to paragraph (1), a sum9 mary of the selection process that resulted in the

10 recommendation for each energy laboratory, includ11 ing a justification for each recommendation.

12 (c) EQUAL CONSIDERATION OF LABORATORIES.—In

13 considering energy laboratories for reconfiguration, privat14 ization, and closure, the Secretary or the Administrator,

15 as appropriate, shall consider all such laboratories equally

16 without regard to whether a laboratory has been pre17 viously considered or proposed for reconfiguration, privat18 ization, or closure by the Secretary of Energy.

19 (d) AVAILABILITY OF INFORMATION.—The Secretary

20 or the Administrator, as appropriate, shall make available

21 to the Commission and the Comptroller General of the

22 United States all information used by the Secretary or the

23 Administrator, as appropriate, in making recommenda24 tions under this section.
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1 (e) INDEPENDENT AUDIT.—(1) Within 30 days after

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

3 Office of Management and Budget shall issue a request

4 for proposals for the performance of an audit under para5 graph (3).

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

7 of this Act, proposals shall be due in response to the re8 quest under paragraph (1).

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

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

11 Budget shall enter into a contract with an independent

12 financial consulting firm for an audit of the energy labora13 tories and their programs, facilities, and assets. Such

14 audit shall assess the commercial potential of the energy

15 labs and their programs and make recommendations on

16 how the Government could best realize such potential. The

17 audit shall be completed and transmitted to the Commis18 sion, the Secretary or the Administrator, as appropriate,

19 and the congressional energy committees within 6 months

20 after the contract is entered into under this subsection.

21 (f) REVIEW AND RECOMMENDATIONS BY THE COM22 MISSION.—

23 (1) PUBLIC HEARINGS.—After receiving the

24 recommendations from the Secretary or the Admin25 istrator, as appropriate, pursuant to subsection (b),
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1 the Commission shall provide an opportunity for

2 public comment on the recommendations for a 30-

3 day period.

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

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

6 Commission shall publish in the Federal Register an

7 initial report containing the Commission’s findings

8 and conclusions based on a review and analysis of

9 the recommendations made by the Secretary or the

10 Administrator, as appropriate, and the audit con11 ducted pursuant to subsection (e), together with the

12 Commission’s recommendations for reconfiguration,

13 privatization, and closure of energy laboratories. In

14 conducting such review and analysis, the Commis15 sion shall consider all energy laboratories.

16 (3) DEVIATION FROM RECOMMENDATIONS.—In

17 making its recommendations, the Commission may

18 make changes in any of the recommendations made

19 by the Secretary or the Administrator, as appro20 priate, if the Commission determines that the Sec21 retary or the Administrator, as appropriate, deviated

22 substantially from the criteria described in sub23 section (a) in making recommendations. The Com24 mission shall explain and justify in the report any

25 recommendation made by the Commission that is
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1 different from the recommendations made by the

2 Secretary or the Administrator, as appropriate.

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

4 period for public comment following publication of

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

6 consideration of such public comments, the Commis7 sion shall, within 15 months after the date of the

8 enactment of this Act, transmit to the Secretary or

9 the Administrator, as appropriate, and the congres10 sional energy committees a final report containing

11 the recommendations of the Commission.

12 (5) PROVISION OF CERTAIN INFORMATION.—

13 After transmitting the final report under paragraph

14 (4), the Commission shall promptly provide, upon re15 quest, to any Member of Congress information used

16 by the Commission in making its recommendations.

17 (g) ASSISTANCE FROM COMPTROLLER GENERAL.—

18 The Comptroller General of the United States shall—

19 (1) assist the Commission, to the extent re20 quested, in the Commission’s review and analysis of

21 the recommendations made by the Secretary or the

22 Administrator, as appropriate, pursuant to sub23 section (b); and

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

25 the enactment of this Act, transmit to the congres-
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1 sional energy committees and to the Commission a

2 report containing a detailed analysis of the rec3 ommendations of the Secretary or the Adminis4 trator, as appropriate, and the selection process.

5 SEC. 203. RECONFIGURATION, PRIVATIZATION, AND CLO6 SURE OF ENERGY LABORATORIES.

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

8 Secretary or the Administrator, as appropriate, shall—

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

10 the transmittal of the final report under section

11 202(f)(4), all energy laboratories recommended for

12 reconfiguration by the Commission in such report;

13 (2) provide for and complete the privatization,

14 within 18 months after the date of the transmittal

15 of the final report under section 202(f)(4), of all en16 ergy laboratories recommended for privatization by

17 the Commission in such report; and

18 (3) except as necessary to achieve the privatiza19 tion of an energy laboratory under paragraph (2),

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

21 of the final report under section 202(f)(4), all en22 ergy laboratories recommended for closure by the

23 Commission in such report.

24 (b) CONGRESSIONAL DISAPPROVAL.—
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1 (1) IN GENERAL.—The Secretary or the Admin2 istrator, as appropriate, may not carry out any re3 configuration, privatization, or closure of an energy

4 laboratory recommended by the Commission in the

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

6 joint resolution is enacted, in accordance with the

7 provisions of section 207, disapproving the rec8 ommendations of the Commission before the earlier

9 of—

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

11 on the date on which the Commission transmits

12 the report; or

13 (B) the adjournment of Congress sine die

14 for the session during which the report is trans15 mitted.

16 (2) For purposes of paragraph (1) of this sub17 section and subsections (a) and (c) of section 207,

18 the days on which either House of Congress is not

19 in session because of an adjournment of more than

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

21 computation of a period.

22 SEC. 204. IMPLEMENTATION OF RECONFIGURATION, PRI23 VATIZATION, AND CLOSURE ACTIONS.

24 (a) IMPLEMENTATION.—In reconfiguring,

25 privatizing, or closing an energy laboratory under this
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1 title, the Secretary or the Administrator, as appropriate,

2 shall—

3 (1) take such actions as may be necessary to

4 reconfigure, privatize, or close the energy laboratory;

5 (2) take such steps as may be necessary to en6 sure the safe keeping of all records stored at the en7 ergy laboratory; and

8 (3) reimburse other Federal agencies for ac9 tions performed at the request of the Secretary or

10 the Administrator, as appropriate, with respect to

11 any such reconfiguration, privatization, or closure,

12 and may use for such purpose funds in the Account

13 or funds appropriated to the Department of Energy

14 and available for such purpose.

15 (b) MANAGEMENT AND DISPOSAL OF PROPERTY.—

16 (1) IN GENERAL.—The Administrator of Gen17 eral Services shall delegate to the Secretary or the

18 Administrator, as appropriate, with respect to excess

19 and surplus real property and facilities located at an

20 energy laboratory reconfigured, privatized, or closed

21 under this title—

22 (A) the authority of the Secretary or the

23 Administrator, as appropriate, to utilize excess

24 property under section 202 of the Federal
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1 Property and Administrative Services Act of

2 1949 (40 U.S.C. 483);

3 (B) the authority of the Secretary or the

4 Administrator, as appropriate, to dispose of

5 surplus property under section 203 of that Act

6 (40 U.S.C. 484);

7 (C) the authority of the Secretary or the

8 Administrator, as appropriate, to grant approv9 als and make determinations under section

10 13(g) of the Surplus Property Act of 1944 (50

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

12 (D) the authority of the Secretary or the

13 Administrator, as appropriate, to determine the

14 availability of excess or surplus real property

15 for wildlife conservation purposes in accordance

16 with the Act of May 19, 1948 (16 U.S.C.

17 667b).

18 (2) EXERCISE OF AUTHORITY.—

19 (A) IN GENERAL.—Subject to subpara20 graph (C), the Secretary or the Administrator,

21 as appropriate, shall exercise the authority dele22 gated to the Secretary or the Administrator, as

23 appropriate, pursuant to paragraph (1) in ac24 cordance with—
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•HR 1993 IH

1 (i) all regulations in effect on the date

2 of the enactment of this Act governing the

3 utilization of excess property and the dis4 posal of surplus property under the Fed5 eral Property and Administrative Services

6 Act of 1949; and

7 (ii) all regulations in effect on the

8 date of the enactment of this Act govern9 ing the conveyance and disposal of prop10 erty under section 13(g) of the Surplus

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

12 1622(g)).

13 (B) REGULATIONS.—The Secretary or the

14 Administrator, as appropriate, after consulting

15 with the Administrator of General Services,

16 may issue regulations that are necessary to

17 carry out the delegation of authority required

18 by paragraph (1).

19 (C) LIMITATION.—The authority required

20 to be delegated by paragraph (1) to the Sec21 retary or the Administrator, as appropriate, by

22 the Administrator of General Services shall not

23 include the authority to prescribe general poli24 cies and methods for utilizing excess property

25 and disposing of surplus property.
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1 (c) WAIVER.—The Secretary or the Administrator, as

2 appropriate, may reconfigure, privatize, or close energy

3 laboratories under this title without regard to any provi4 sion of law restricting the use of funds for reconfiguring,

5 privatizing, or closing such energy laboratories included

6 in any appropriations or authorization Act.

7 SEC. 205. ACCOUNT.

8 (a) ESTABLISHMENT.—There is hereby established

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

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

11 shall be administered by the Secretary or the Adminis12 trator, as appropriate, as a single account.

13 (b) CONTENT OF ACCOUNT.—There shall be depos14 ited into the Account—

15 (1) funds authorized for and appropriated to

16 the Account;

17 (2) any funds that the Secretary or the Admin18 istrator, as appropriate, may, subject to approval in

19 an appropriation Act, transfer to the Account from

20 funds appropriated to the Department of Energy for

21 any purpose, except that such funds may be trans22 ferred only after the date on which the Secretary or

23 the Administrator, as appropriate, transmits written

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

25 congressional energy committees; and
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•HR 1993 IH

1 (3) proceeds received from the transfer or dis2 posal of any property at an office reconfigured,

3 privatized, or closed under this section.

4 (c) USE OF FUNDS.—The Secretary or the Adminis5 trator, as appropriate, may use the funds in the Account

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

7 (d) REPORTS.—

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

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

10 the Administrator, as appropriate, carries out activi11 ties under this title, the Secretary or the Adminis12 trator, as appropriate, shall transmit a report to the

13 congressional energy committees of the amount and

14 nature of the deposits into, and the expenditures

15 from, the Account during such fiscal year and of the

16 amount and nature of other expenditures made pur17 suant to section 204(a) during such fiscal year.

18 (2) UNOBLIGATED FUNDS.—Unobligated funds

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

20 SEC. 206. REPORTS ON IMPLEMENTATION.

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

22 which the Secretary or the Administrator, as appropriate,

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

24 Secretary or the Administrator, as appropriate, shall

25 transmit to the congressional energy committees—
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1 (1) a schedule of the reconfiguration, privatiza2 tion, and closure actions to be carried out under this

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

4 and an estimate of the total expenditures required

5 and cost savings to be achieved by each such recon6 figuration, privatization, or closure and of the time

7 period in which these savings are to be achieved in

8 each case; and

9 (2) a description of the energy laboratories to

10 which functions are to be transferred as a result of

11 such reconfigurations, privatizations, and closures.

12 SEC. 207. CONGRESSIONAL CONSIDERATION OF COMMIS13 SION REPORT.

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

15 section 203(b), the term ‘‘joint resolution’’ means only a

16 joint resolution which is introduced within the 10-day pe17 riod beginning on the date on which the Commission

18 transmits the report to the Congress under section

19 202(f)(4), and—

20 (1) which does not have a preamble;

21 (2) the matter after the resolving clause of

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

23 recommendations of the Energy Laboratory Facili24 ties Commission as submitted on lll’’, the blank

25 space being filled in with the appropriate date; and
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•HR 1993 IH

1 (3) the title of which is as follows: ‘‘Joint reso2 lution disapproving the recommendations of the En3 ergy Laboratory Facilities Commission.’’.

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

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

6 shall be referred to the Committee on National Security

7 and the Committee on Science of the House of Represent8 atives. A resolution described in subsection (a) introduced

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

10 Services and the Committee on Energy and Natural Re11 sources of the Senate.

12 (c) DISCHARGE.—If the committee to which a resolu13 tion described in subsection (a) is referred has not re14 ported such resolution (or an identical resolution) by the

15 end of the 20-day period beginning on the date on which

16 the Commission transmits the report to the Congress

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

18 end of such period, discharged from further consideration

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

20 the appropriate calendar of the House involved.

21 (d) CONSIDERATION.—

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

23 after the date on which the committee to which such

24 a resolution is referred has reported, or has been

25 discharged (under subsection (c)) from further con-
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1 sideration of, such a resolution, it is in order (even

2 though a previous motion to the same effect has

3 been disagreed to) for any Member of the respective

4 House to move to proceed to the consideration of the

5 resolution (but only on the day after the calendar

6 day on which such Member announces to the House

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

8 points of order against the resolution (and against

9 consideration of the resolution) are waived. The mo10 tion is highly privileged in the House of Representa11 tives and is privileged in the Senate and is not de12 batable. The motion is not subject to amendment,

13 or to a motion to postpone, or to a motion to pro14 ceed to the consideration of other business. A motion

15 to reconsider the vote by which the motion is agreed

16 to or disagreed to shall not be in order. If a motion

17 to proceed to the consideration of the resolution is

18 agreed to, the respective House shall immediately

19 proceed to consideration of the joint resolution with20 out intervening motion, order, or other business, and

21 the resolution shall remain the unfinished business

22 of the respective House until disposed of.

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

24 all debatable motions and appeals in connection

25 therewith, shall be limited to not more than 2 hours,
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1 which shall be divided equally between those favoring

2 and those opposing the resolution. An amendment to

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

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

5 to postpone, or a motion to proceed to the consider6 ation of other business, or a motion to recommit the

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

8 vote by which the resolution is agreed to or dis9 agreed to is not in order.

10 (3) QUORUM CALL.—Immediately following the

11 conclusion of the debate on a resolution described in

12 subsection (a) and a single quorum call at the con13 clusion of the debate if requested in accordance with

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

15 passage of the resolution shall occur.

16 (4) APPEALS FROM DECISION OF CHAIR.—Ap17 peals from the decisions of the Chair relating to the

18 application of the rules of the Senate or the House

19 of Representatives, as the case may be, to the proce20 dure relating to a resolution described in subsection

21 (a) shall be decided without debate.

22 (e) CONSIDERATION BY OTHER HOUSE.—

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

24 House of a resolution of that House described in

25 subsection (a), that House receives from the other
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•HR 1993 IH

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

2 the following procedures shall apply:

3 (A) The resolution of the other House shall

4 not be referred to a committee and may not be

5 considered in the House receiving it except in

6 the case of final passage as provided in sub7 paragraph (B)(ii).

8 (B) With respect to a resolution described

9 in paragraph (1) of the House receiving the res10 olution—

11 (i) the procedure in that House shall

12 be the same as if no resolution had been

13 received from the other House; but

14 (ii) the vote on final passage shall be

15 on the resolution of the other House.

16 (2) CONSIDERATION AFTER DISPOSITION BY

17 OTHER HOUSE.—Upon disposition of the resolution

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

19 in order to consider the resolution that originated in

20 the receiving House.

21 (f) RULES OF THE SENATE AND HOUSE.—This sec22 tion is enacted by Congress—

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

24 the Senate and House of Representatives, respec25 tively, and as such it is deemed a part of the rules
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•HR 1993 IH

1 of each House, respectively, but applicable only with

2 respect to the procedure to be followed in that

3 House in the case of a resolution described in sub4 section (a), and it supersedes other rules only to the

5 extent that it is inconsistent with such rules; and

6 (2) with full recognition of the constitutional

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

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

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

10 the case of any other rule of that House.

11 SEC. 208. DEFINITIONS.

12 For purposes of this title:

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

14 Laboratory Facility Closure Account established in

15 section 205(a).

16 (2) The term ‘‘Administrator’’ has the meaning

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

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

19 Laboratory Facilities Commission.

20 (4) The term ‘‘congressional energy commit21 tees’’ means the Committee on Armed Services of

22 the Senate, the Committee on National Security of

23 the House of Representatives, the Committee on

24 Science of the House of Representatives, and the
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•HR 1993 IH

1 Committee on Energy and Natural Resources of the

2 Senate.

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

4 Lawrence Livermore National Laboratory, the Los

5 Alamos National Laboratory, the Sandia National

6 Laboratories, the Argonne National Laboratory, the

7 Brookhaven National Laboratory, the Idaho Na8 tional Engineering Laboratory, the Lawrence Berke9 ley Laboratory, the Oak Ridge National Laboratory,

10 the Pacific Northwest Laboratory, the National Re11 newable Energy Laboratory, the Ames Laboratory,

12 the Bates Linear Accelerator Laboratory, the Bettis

13 Atomic Power Laboratory, the Continuous Electron

14 Beam Accelerator Facility, the Energy Technology

15 Engineering Center, the Environmental Measure16 ments Laboratory, the Fermi National Accelerator

17 Laboratory, the Inhalation Toxicology Research In18 stitute, the Knolls Atomic Power Laboratory, the

19 Laboratory of Radiobiology and Environmental

20 Health, the Morgantown Energy Technology Center,

21 the National Renewable Energy Laboratory, the

22 New Brunswick Laboratory, the Oak Ridge Institute

23 for Science and Education, the Pittsburgh Energy

24 Technology Center, the Princeton Plasma Physics

25 Laboratory, the Savannah River Ecology Labora-
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•HR 1993 IH

1 tory, the Savannah River Technology Center, the

2 Specific Manufacturing Capability Facility, or the

3 Stanford Linear Accelerator Facility.

4 (6) The term ‘‘the Secretary or the Adminis5 trator, as appropriate’’ means the Secretary of En6 ergy, or, after the effective date stated in section

7 109(a), the Administrator.

8 TITLE III—PRIVATIZATION OF

9 FEDERAL POWER MARKET10 ING ADMINISTRATIONS

11 SEC. 301. SHORT TITLE.

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

13 Privatization Act of 1995’’.

14 SEC. 302. FINDINGS.

15 The Congress finds that:

16 (1) the Federal Power Marketing Administra17 tions, over the years, have served to help bring elec18 tricity to many areas in the Nation;

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

20 the American taxpayer;

21 (3) the necessity of federally owned power gen22 eration and transmission facilities has passed and

23 halting this practice is in the best national interest

24 of the United States;
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•HR 1993 IH

1 (4) in fairness to the longtime consumers of

2 Federal Power Marketing Administrations, any proc3 ess of sale should be open to them;

4 (5) the taxpayers, through investing in the con5 struction and operation, have established equity in

6 the facilities; and

7 (6) this equity entitles the American taxpayer

8 to expect the highest possible return in the sale

9 process.

10 SEC. 303. SALE OF ASSETS.

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

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

13 electric power generation facilities and transmission facili14 ties, that are currently owned and operated by Federal

15 departments and agencies under the supervision of, or co16 ordination with, the Federal Power Marketing Administra17 tions other than the Bonneville Power Administration. No

18 foreign person or corporation may purchase any such fa19 cilities; such facilities may be sold only to a United States

20 citizen or to a corporation or partnership organized under

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

22 Secretary shall terminate the operations of the Federal

23 Power Marketing Administrations other than the Bonne24 ville Power Administration. The heads of other affected

25 Federal departments and agencies shall assist the Sec-
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•HR 1993 IH

1 retary of Energy in implementing the sales authorized by

2 this section.

3 (b) PRICE; STRUCTURE OF SALE.—

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

5 highest possible price for such facilities. In determin6 ing the highest possible price, the value of future tax

7 revenues shall be included.

8 (2) RETENTION OF FINANCIAL ADVISOR.—In

9 order to conduct the sales authorized by this section

10 in such manner as will produce the highest possible

11 price for the facilities to be sold consistent with this

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

13 Secretary shall, through a competitive bidding proc14 ess, retain an experienced private sector firm to

15 serve as financial advisor to the Secretary with re16 spect to such sales.

17 (3) FINANCIAL ADVISOR’S REPORT.—Within 90

18 days of being retained by the Secretary, the financial

19 advisor shall provide to the Secretary a report con20 taining—

21 (A) a description of those assets described

22 in subsection (a) which, in the opinion of the fi23 nancial advisor, can be successfully transferred

24 to private sector ownership or operation;
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•HR 1993 IH

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

2 on the basis of the valuation method or meth3 ods which the financial advisor deems most ap4 propriate to a particular asset;

5 (C) the appropriate alternative trans6 actional methods for transferring each such

7 asset to private sector ownership or operation;

8 (D) the amount of proceeds which the fi9 nancial advisor estimates would be paid to the

10 United States Government as a result of such

11 transaction, including the present value of fu12 ture revenue from taxes and any other future

13 payments to be made to the United States Gov14 ernment; and

15 (E) an estimate of the average market rate

16 for wholesale electric power sales within each

17 region served by a Federal Power Marketing

18 Administration.

19 (c) TIME OF SALE.—Sales of facilities under this sec20 tion shall be conducted in accordance with the time of sale

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

22 the date of any sale specified in such schedule, the Sec23 retary, in consultation with the Secretary of the Army and

24 the Secretary of the Interior, and based on the rec25 ommendations of the financial advisor, shall select the fa-
41

•HR 1993 IH

1 cilities or groups of facilities to be sold and establish the

2 terms and conditions of the sale.

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

4 of the Congress that the purchaser of any such facilities

5 should offer to employ, where possible, former employees

6 of the Federal Power Marketing Administrations in con7 nection with the operation of the facilities following their

8 purchase.

9 (e) PROCEEDS.—The Secretary of Energy shall de10 posit sale proceeds in the Treasury of the United States

11 to the credit of miscellaneous receipts.

12 (f) PREPARATION.—The Secretary of Energy is au13 thorized to use funds appropriated to the Department of

14 Energy for the Federal Power Marketing Administrations

15 and funds otherwise appropriated to other Federal agen16 cies for power generation and related activities in order

17 to prepare these assets for sale and conveyance. Such

18 preparation shall provide sufficient title to ensure the ben19 eficial use, enjoyment, and occupancy to the purchasers

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

21 all associated laws and regulations to be amended for the

22 purpose of these sales. The Secretary of Energy shall un23 dertake a study of the effect of sales of facilities under

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

25 generated at such facilities.
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•HR 1993 IH

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

2 after the sale of the assets of each Federal Power Market3 ing Administration (other than the Bonneville Power Ad4 ministration) in accordance with this title, the Secretary

5 of Energy shall—

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

7 such administration; and

8 (2) prepare and submit to Congress a report

9 documenting the sales.

10 (h) TREATMENT OF SALES FOR PURPOSES OF CER11 TAIN LAWS.—The sales of assets under this title shall not

12 be considered a disposal of Federal surplus property under

13 the following provisions of law:

14 (1) Section 203 of the Federal Property and

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

16 484).

17 (2) Section 13 of the Surplus Property Act of

18 1944 (50 U.S.C. App. 1622).

19 SEC. 304. TIME OF SALES.

20 (a) SCHEDULE.—During the next 5 years, the Sec21 retary of Energy shall complete the sale of the electric

22 power generation and transmission assets referred to in

23 section 303 in accordance with the following schedule:

Power Administration Sale Completion Date

Alaska Before September 30, 1996

Southeastern Before September 30, 1997
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Power Administration Sale Completion Date

Southwestern Before September 30, 1998

Western Area Before September 30, 1999

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

2 the assets of each of the Federal Power Marketing Admin3 istrations and their associated power generation facilities,

4 the Secretary of Energy shall return the unexpended bal5 ances of funds appropriated for that administration to the

6 Treasury of the United States.

7 SEC. 305. RATE STABILIZATION FOR AFFECTED CONSUM8 ERS.

9 So that the affected consumers of the Federal Power

10 Marketing Administrations are not impacted by severe

11 rate increases, each purchaser of electric power generation

12 facilities providing electric power to customers within any

13 region shall be required, as part of the agreement to pur14 chase such facilities, to insure that the price at which elec15 tric power is sold to such consumers does not increase

16 above the baseline price at a rate greater than 10 percent

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

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

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

20 the facility. The preceding sentence shall cease to apply

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

22 consumer is at least equal to the average market rate for
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1 wholesale electric power sales within the region concerned,

2 as determined by the Financial Advisor.

3 SEC. 306. LICENSING OF PROJECTS TO PRESERVE CUR4 RENT OPERATING CONDITIONS.

5 (a) ORIGINAL LICENSE.—Simultaneously with the

6 sale of hydroelectric generation facility under this title, the

7 Federal Energy Regulatory Commission shall issue an

8 original license under part 1 of the Federal Power Act

9 (16 U.S.C. 791a–823b) to the purchaser for the construc10 tion, operation, and maintenance of such facility. Such li11 cense shall expire on the date 10 years after the date of

12 the sale of the facility and shall contain standard terms

13 and conditions for hydroelectric power licenses issued

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

15 water projects, together with such additional terms and

16 conditions as the Commission deems necessary, in con17 sultation with the department or agency which operates

18 such water project, to further the project purposes and

19 insure that the project will continue operations in the

20 same manner and subject to the same procedures, con21 tracts, and other requirements as were applicable prior to

22 the sale. The Commission shall publish such license terms

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

24 as promptly as practicable after the date of the enactment
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1 of this Act but not later than one year prior to the date

2 established for the sale of the facility.

3 (b) LICENSE REQUIRED.—Notwithstanding any

4 other provision of law, the Federal Energy Regulatory

5 Commission shall have jursidiction under part 1 of the

6 Federal Power Act over any hydroelectric generation facil7 ity sold under this title.

8 SEC. 307. ENABLING FEDERAL STUDIES.

9 Section 505 of the Energy and Water Development

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

11 hereby repealed.

12 SEC. 308. BONNEVILLE POWER ADMINISTRATION.

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

14 transferred to the Secretary of the Interior all functions

15 performed by the Department of Energy with respect to

16 the Bonneville Power Administration (BPA) on the day

17 before the effective date of this section.

18 (b) STUDY REGARDING FUTURE OF BONNEVILLE

19 POWER ADMINISTRATION.—The Secretary of the Interior

20 shall conduct a study, taking into consideration any rel21 evant factor, including debt, statutory or treaty obliga22 tions, to determine which option regarding the future dis23 position of BPA represents the most cost-effective option

24 for both the Pacific Northwest and United States as a

25 whole.
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1 (c) REPORT REGARDING STUDY.—The Secretary

2 shall submit to Congress a report describing the results

3 of the study and containing such recommendations as con4 sistent with the findings of the report within 1 year after

5 the enactment of this Act.

6 SEC. 309. DEFINITIONS.

7 For purposes of this title:

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

9 a facility used for the generation of electric energy.

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

11 for flood control, water supply or other purposes in

12 addition to the generation of electric energy, such

13 term refers only to that portion of the structure or

14 facility used exclusively for the generation of electric

15 energy, including turbines, generators, controls, sub16 stations, and primary lines used for transmitting

17 electric energy therefrom to the point of juncture

18 with the interconnected primary transmission sys19 tem. Such term shall not include any portion of a fa20 cility used for navigation, flood control, irrigation,

21 water supply, or recreation.

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

23 of Energy or any successor agency. If any such

24 agency terminates prior to the complete execution of

25 all duties vested in the Secretary of Energy under
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1 this title, such duties shall be vested in the Secretary

2 of the Interior.

3 TITLE IV—TRANSFER AND

4 DISPOSAL OF RESERVES

5 SEC. 401. STRATEGIC PETROLEUM RESERVE.

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

7 transferred to the Secretary of the Interior all functions

8 performed by the Department of Energy with respect to

9 the Strategic Petroleum Reserve on the day before the ef10 fective date of this section.

11 (b) SALE OF CERTAIN RESERVES.—Notwithstanding

12 section 161 of the Energy Policy and Conservation Act,

13 the Secretary of the Interior shall sell the reserves held

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

15 minimal disruption of petroleum markets.

16 (c) ADVISORY BOARD.—(1) The Secretary of the In17 terior shall appoint an advisory board, consisting of 3 indi18 viduals with experience in oil markets and production and

19 international relations, which shall—

20 (A) monitor the sale of reserves under sub21 section (b) and its effects on petroleum markets; and

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

23 sale, submit to the Congress a report containing rec24 ommendations as described in paragraph (2).
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1 (2) The advisory board shall make recommendations

2 on whether the United States should maintain or dispose

3 of the Strategic Petroleum Reserve, based on information

4 obtained pursuant to paragraph (1)(A) and any other rel5 evant information the advisory board obtains. If the advi6 sory board recommends maintaining the Strategic Petro7 leum Reserve, it shall include recommendations for admin8 istering the Reserve, and if it recommends disposing of

9 the Reserve, it shall include recommendations for proce10 dures for carrying out such disposal.

11 (3) Notwithstanding section 14 of the Federal Advi12 sory Committee Act, the advisory board established under

13 this subsection shall terminate within 30 days after it sub14 mits a report under paragraph (1)(B).

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

16 on the effective date stated in section 109(a).

17 SEC. 402. TRANSFER OF NAVAL PETROLEUM RESERVES TO

18 DEPARTMENT OF THE INTERIOR; SALE OF

19 NAVAL PETROLEUM RESERVE NUMBERED 1

20 (ELK HILLS).

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

22 Energy shall transfer the naval petroleum reserves (as de23 fined in section 7420(2) of title 10, United States Code)

24 from the jurisdiction and control of the Department of En25 ergy to the jurisdiction and control of the Department of
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1 the Interior. The transfer required by this subsection shall

2 be made without compensation or reimbursement.

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

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

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

6 than one year after that date.

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

8 641 of title 10, United States Code, is amended by insert9 ing after section 7421 the following new section:

10 ‘‘§ 7421a. Sale of Naval Petroleum Reserve Numbered

11 1 (Elk Hills)

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

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

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

15 lands owned or controlled by the United States inside

16 Naval Petroleum Reserve Numbered 1, commonly referred

17 to as the Elk Hills Unit, located in Kern County, Califor18 nia, and established by Executive order of the President,

19 dated September 2, 1912. Within one year after the effec20 tive date, the Secretary shall enter into one or more con21 tracts for the sale of all of the interest of the United

22 States in the reserve.

23 ‘‘(2) In this section:

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

25 Reserve Numbered 1.
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1 ‘‘(B) The term ‘unit plan contract’ means the

2 unit plan contract between equity owners of the

3 lands within the boundaries of Naval Petroleum Re4 serve Numbered 1 entered into on June 19, 1944.

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

6 of the enactment of the Department of Energy Abol7 ishment Act.

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

9 months after the effective date, the Secretary shall finalize

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

11 Petroleum Reserve Numbered 1 in the manner provided

12 by this subsection.

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

14 independent petroleum engineer, mutually acceptable to

15 the equity owners, who shall prepare a recommendation

16 on final equity figures. The Secretary may accept the rec17 ommendation of the independent petroleum engineer for

18 final equity in each known oil and gas zone and establish

19 final equity interest in the Naval Petroleum Reserve Num20 bered 1 in accordance with such recommendation, or the

21 Secretary may use such other method to establish final

22 equity interest in the reserve as the Secretary considers

23 appropriate.

24 ‘‘(3) If, on the effective date, there is an ongoing eq25 uity redetermination dispute between the equity owners
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1 under section 9(b) of the unit plan contract, such dispute

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

3 contract within five months after the effective date. Such

4 resolution shall be considered final for all purposes under

5 this section.

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

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

8 Secretary shall retain the services of five independent ex9 perts in the valuation of oil and gas fields to conduct sepa10 rate assessments, in a manner consistent with commercial

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

12 United States in Naval Petroleum Reserve Numbered 1.

13 In making their assessments, the independent experts

14 shall consider (among other factors) all equipment and fa15 cilities to be included in the sale, the net present value

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

17 revenue stream that the Secretary determines the Treas18 ury would receive from the reserve if the reserve were not

19 sold, adjusted for any anticipated increases in tax reve20 nues that would result if the reserve were sold. The inde21 pendent experts shall complete their assessments within

22 five months after the effective date. In setting the mini23 mum acceptable price for the reserve, the Secretary shall

24 consider the average of the five assessments or, if more
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1 advantageous to the Government, the average of three as2 sessments after excluding the high and low assessments.

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

4 date, the Secretary shall retain the services of an invest5 ment banker to independently administer, in a manner

6 consistent with commercial practices and in a manner that

7 maximizes sale proceeds to the Government, the sale of

8 Naval Petroleum Reserve Numbered 1 under this section.

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

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

11 shall complete a draft contract for the sale of Naval Petro12 leum Reserve Numbered 1, which shall accompany the in13 vitation for bids and describe the terms and provisions of

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

15 The draft contract shall identify all equipment and facili16 ties to be included in the sale. The draft contract, includ17 ing the terms and provisions of the sale of the interest

18 of the United States in the reserve, shall be subject to

19 review and approval by the Secretary, the Secretary of the

20 Treasury, and the Director of the Office of Management

21 and Budget.

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

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

24 the purchase of the reserve.
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1 ‘‘(5) Not later than nine months after the effective

2 date, the Secretary shall accept the highest responsible

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

4 Naval Petroleum Reserve Numbered 1 that meets or ex5 ceeds the minimum acceptable price determined under

6 paragraph (1).

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

8 hold harmless and fully indemnify the purchaser of the

9 interest of the United States in Naval Petroleum Reserve

10 Numbered 1 from and against any claim or liability as

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

12 ‘‘(e) TREATMENT OF STATE OF CALIFORNIA

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

14 State of California or the Teachers’ Retirement Fund of

15 the State of California with respect to land within the

16 Naval Petroleum Reserve Numbered 1 or production or

17 proceeds of sale from the reserve shall be resolved only

18 as follows:

19 ‘‘(A) A payment from funds provided for this

20 purpose in advance in appropriation Acts.

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

22 lieu of such a payment pursuant to sections 2275

23 and 2276 of the Revised Statutes of the United

24 States (43 U.S.C. 851 and 852).
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•HR 1993 IH

1 ‘‘(C) Any other means that would not be incon2 sistent with the Congressional Budget Act of 1974

3 (2 U.S.C. 621 et seq.).

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

5 (B), and (C).

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

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

8 an amount equal to seven percent of the proceeds from

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

10 to conduct the sale.

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

12 part of the contract for purchase of Naval Petroleum Re13 serve Numbered 1, the purchaser of the interest of the

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

15 25 percent of the purchaser’s share of annual petroleum

16 production from the purchased lands available for sale to

17 small refiners, which do not have their own adequate

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

19 in their own refineries. None of the reserved production

20 sold to small refiners may be resold in kind. The purchaser

21 of the reserve may reduce the quantity of petroleum re22 served under this subsection in the event of an insufficient

23 number of qualified bids. The seller of this petroleum pro24 duction has the right to refuse bids that are less than the

25 prevailing market price of comparable oil.
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•HR 1993 IH

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

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

3 share of annual petroleum production from the purchased

4 lands shall be so structured as to give full and equal op5 portunity for the acquisition of petroleum by all interested

6 persons, including major and independent oil producers

7 and refiners alike.

8 ‘‘(g) MAINTAINING ELK HILLS UNIT PRODUC9 TION.—Until the sale of Naval Petroleum Reserve Num10 bered 1 is completed under this section, the Secretary shall

11 continue to produce the reserve at the maximum daily oil

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

13 economic development of the reservoir consistent with

14 sound oil field engineering practices in accordance with

15 section 3 of the unit plan contract. The definition of maxi16 mum efficient rate in section 7420(6) of this title shall

17 not apply to the reserve.

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

19 case of any contract, in effect on the effective date, for

20 the purchase of production from any part of the United

21 States’ share of Naval Petroleum Reserve Numbered 1,

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

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

24 months after the closing date of the sale or until termi25 nation of the contract, whichever occurs first. The term
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•HR 1993 IH

1 of any contract entered into after the effective date for

2 the purchase of such production shall not exceed the an3 ticipated closing date for the sale of the reserve.

4 ‘‘(2) The Secretary shall exercise the termination pro5 cedures provided in the contract between the United

6 States and Bechtel Petroleum Operation, Inc., Contract

7 Number DE–ACO1–85FE60520 so that the contract ter8 minates not later than the date of closing of the sale of

9 Naval Petroleum Reserve Numbered 1 under subsection

10 (c).

11 ‘‘(3) The Secretary shall exercise the termination pro12 cedures provided in the unit plan contract so that the unit

13 plan contract terminates not later than the date of closing

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

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

16 section shall be construed to alter the application of the

17 antitrust laws of the United States to the purchaser of

18 Naval Petroleum Reserve Numbered 1 or to the lands in

19 the reserve subject to sale under this section upon the

20 completion of the sale.

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

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

23 adversely affect the ownership interest of any other entity

24 having any right, title, and interest in and to lands within
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1 the boundaries of Naval Petroleum Reserve Numbered 1

2 and which are subject to the unit plan contract.

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

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

5 Reserve Numbered 1 under this section. However, the Sec6 retary may not enter into a contract for the sale of the

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

8 the date on which the Secretary notifies the Committee

9 on Armed Services of the Senate and the Committee on

10 National Security and the Committee on Commerce of the

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

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

13 at the beginning of such chapter is amended by inserting

14 after the item relating to section 7421 the following new

15 item:

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

16 (c) CONFORMING AMENDMENTS TO TITLE 10,

17 UNITED STATES CODE.—

18 (1) REFERENCES REGARDING ADMINISTRATION

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

20 States Code, is amended—

21 (A) in section 7420(4), by striking ‘‘Sec22 retary of Energy’’ and inserting ‘‘Secretary of

23 the Interior’’;

24 (B) in section 7427, by striking ‘‘of the In25 terior’’;
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•HR 1993 IH

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

2 consultation with the Secretary of the Inte3 rior,’’; and

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

5 the Secretary of the Interior where the author6 ity extends to him,’’.

7 (2) TRANSITION.—Until such time as the Sec8 retary of Energy transfers administration of the

9 naval petroleum reserves to the Secretary of the In10 terior, as required by subsection (a), the Secretary

11 of Energy shall continue to be responsible for ad12 ministering the reserves.

13 SEC. 403. STUDY REGARDING FUTURE OF NAVAL PETRO14 LEUM RESERVES (OTHER THAN NAVAL PE15 TROLEUM RESERVE NUMBERED 1).

16 (a) STUDY REQUIRED.—The Secretary of the Inte17 rior shall conduct a study to determine which of the follow18 ing options regarding the naval petroleum reserves rep19 resents the most cost-effective option for the United

20 States:

21 (1) Retention and operation of the naval petro22 leum reserves under chapter 641 of title 10, United

23 States Code.
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•HR 1993 IH

1 (2) Transfer of all or a part of the naval petro2 leum reserves to the jurisdiction of another Federal

3 agency.

4 (3) Lease of the naval petroleum reserves.

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

6 the naval petroleum reserves.

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

8 an independent petroleum consultant to conduct the study.

9 (c) CONSIDERATIONS UNDER STUDY.—An examina10 tion of the benefits to be derived by the United States

11 from the sale of the naval petroleum reserves shall include

12 an assessment and estimate, in a manner consistent with

13 commercial practices, of the fair market value of the inter14 est of the United States in the naval petroleum reserves.

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

16 States from the lease of the naval petroleum reserves shall

17 consider full exploration, development, and production of

18 petroleum products in the naval petroleum reserves, with

19 a royalty payment to the United States.

20 (d) REPORT REGARDING STUDY.—Not later than

21 December 31, 1995, the Secretary shall submit to Con22 gress a report describing the results of the study and con23 taining such recommendations as the Secretary considers

24 necessary to implement the most cost-effective option

25 identified in the study.
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1 (e) NAVAL PETROLEUM RESERVES DEFINED.—For

2 purposes of this section, the term ‘‘naval petroleum re3 serves’’ has the meaning given that term in section

4 7420(2) of title 10, United States Code, except that such

5 term does not include Naval Petroleum Reserve Numbered

6 1.

7 TITLE V—NATIONAL SECURITY

8 AND ENVIRONMENTAL MAN9 AGEMENT PROGRAMS

10 Subtitle A—Defense Nuclear

11 Programs Agency

12 SEC. 501. DEFINITIONS.

13 In this subtitle:

14 (1) The term ‘‘defense nuclear programs mat15 ters’’ means matters related to the military use of

16 nuclear energy and nuclear weapons, including all

17 such matters that were under the jurisdiction of the

18 following entities on the day before the date of the

19 enactment of this Act:

20 (A) The Department of Energy.

21 (B) The Defense Nuclear Agency of the

22 Department of Defense.

23 (C) The Defense Nuclear Facilities Safety

24 Board.
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•HR 1993 IH

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

2 Under Secretary of Defense for Defense Nuclear

3 Programs.

4 (3) The term ‘‘Agency’’ means the Defense Nu5 clear Programs Agency.

6 SEC. 502. ESTABLISHMENT AND ORGANIZATION OF DE7 FENSE NUCLEAR PROGRAMS AGENCY.

8 (a) ESTABLISHMENT OF DEFENSE NUCLEAR PRO9 GRAMS AGENCY.—There is established an agency in the

10 Department of Defense to be known as the Defense Nu11 clear Programs Agency.

12 (b) UNDER SECRETARY.—The Agency shall be head13 ed by an Under Secretary for Defense Nuclear Programs,

14 who shall serve as the principal adviser to the President

15 and the Secretary of Defense on defense nuclear programs

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

17 Under Secretary for Defense Nuclear Programs shall, sub18 ject to the authority, direction, and control of of the Sec19 retary of Defense, have primary responsibility within the

20 Government for defense nuclear programs matters. The

21 Under Secretary shall be appointed by the President, by

22 and with the advice and consent of the Senate. A commis23 sioned officer of the Armed Forces serving on active duty

24 may not be appointed Under Secretary. The Under Sec25 retary shall be compensated at the rate provided for level
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•HR 1993 IH

1 II of the Executive Schedule under section 5313 of title

2 5, United States Code.

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

4 Secretary for Defense Nuclear Programs shall be ap5 pointed by the President, by and with the advice and con6 sent of the Senate. The Deputy Under Secretary shall per7 form such duties and exercise such powers as the Under

8 Secretary for Defense Nuclear Programs may prescribe.

9 The Deputy Under Secretary shall act for, and exercise

10 the powers of, the Under Secretary during the Under Sec11 retary’s absence or disability or during a vacancy in such

12 office. A commissioned officer of the Armed Forces serv13 ing on active duty may not be appointed Deputy Under

14 Secretary. The Deputy Under Secretary shall be com15 pensated at the rate provided for level III of the Executive

16 Schedule under section 5314 of title 5, United States

17 Code.

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

19 Secretaries of the Agency shall be appointed by the Presi20 dent, by and with the advice and consent of the Senate.

21 They shall perform such duties and exercise such powers

22 as the Under Secretary may prescribe.

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

24 principal duty the overall supervision of environmental res25 toration of defense nuclear weapons facilities.
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•HR 1993 IH

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

2 principal duty the overall supervision of the oversight of

3 the defense and nondefense functions and budgets of the

4 Sandia National Laboratories, the Los Alamos National

5 Laboratory, and the Lawrence Livermore National Lab6 oratory (or whatever laboratories (or portions of labora7 tories) carrying out the functions of such laboratories re8 main after reconfiguration, privatization, or closure (if

9 any) pursuant to title II).

10 (4) Each Assistant Secretary shall be compensated

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

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

13 (e) INSPECTOR GENERAL.—There shall be an Inspec14 tor General of the Agency, who shall be appointed as pro15 vided in section 3 of the Inspector General Act of 1978

16 (5 U.S.C. App. 3). The Inspector General shall perform

17 the duties, have the responsibilities, and exercise the pow18 ers specified in the Inspector General Act of 1978 (5

19 U.S.C. App. 3).

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

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

22 Under Secretary. The General Counsel shall be the chief

23 legal officer for all legal matters arising from the conduct

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

25 be compensated at the rate provided for level V of the Ex-
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•HR 1993 IH

1 ecutive Schedule under section 5316 of title 5, United

2 States Code.

3 SEC. 503. FUNCTIONS OF DEFENSE NUCLEAR PROGRAMS

4 AGENCY.

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

6 Nuclear Programs shall be responsible for the exercise of

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

8 (b) TRANSFERRED FUNCTIONS.—The Under Sec9 retary for Defense Nuclear Programs shall carry out all

10 functions transferred to the Under Secretary pursuant to

11 section 504.

12 (c) STAFF DIRECTOR OF NUCLEAR WEAPONS COUN13 CIL.—Paragraph (2) of section 179(c) of title 10, United

14 States Code, is amended to read as follows:

15 ‘‘(2) The Under Secretary for Defense Nuclear Pro16 grams shall be the Staff Director of the Council.’’.

17 SEC. 504. TRANSFERS OF FUNCTIONS.

18 (a) DEPARTMENT OF ENERGY.—(1) There are here19 by transferred to the Under Secretary for Defense Nuclear

20 Programs all functions performed by the Department of

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

22 this Act relating to the national security functions of the

23 Department, including defense, nonproliferation, and de24 fense-related environmental management programs.
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1 (2) There are hereby transferred to the Under Sec2 retary for Defense Nuclear Programs all functions per3 formed by the Department of Energy on the day before

4 the date of the enactment of this Act relating to the over5 sight of the defense and nondefense functions and budgets

6 of the following laboratories:

7 (A) Sandia National Laboratories, Albuquerque,

8 New Mexico, and Livermore, California.

9 (B) Los Alamos National Laboratory, Los Ala10 mos, New Mexico.

11 (C) Lawrence Livermore National Laboratory,

12 California.

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

14 transferred to the Under Secretary for Defense Nuclear

15 Programs all functions performed by the Defense Nuclear

16 Agency of the Department of Defense on the day before

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

18 weapons systems.

19 (c) DEFENSE NUCLEAR FACILITIES SAFETY

20 BOARD.—There are hereby transferred to the Under Sec21 retary for Defense Nuclear Programs all functions per22 formed by the Defense Nuclear Facilities Safety Board on

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

24 (d) OTHER NUCLEAR WEAPONS-RELATED FUNC25 TIONS.—The Secretary of Defense may transfer to the
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1 Under Secretary for Defense Nuclear Programs such

2 other functions performed in the Department of Defense

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

4 relating to nuclear weapons as the Secretary considers ap5 propriate.

6 (e) CONFORMING REPEALS.—

7 (1) ASSISTANT TO THE SECRETARY OF DE8 FENSE FOR ATOMIC ENERGY.—Section 141 of title

9 10, United States Code, is hereby repealed. The

10 table of sections at the beginning of chapter 4 of

11 such title is amended by striking out the item relat12 ing to such section.

13 (2) DEFENSE NUCLEAR FACILITIES SAFETY

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

15 1954 (42 U.S.C. 2286) is hereby repealed.

16 (3) REFERENCES.—Any reference to the Assist17 ant Secretary of Defense for Atomic Energy or the

18 Defense Nuclear Facilities Safety Board in any pro19 vision of law or in any rule, regulation, or other

20 paper of the United States shall be treated as refer21 ring to the Under Secretary for Defense Nuclear

22 Programs.

23 SEC. 505. LIMITATION ON TRANSFERS OF FUNDS.

24 No amount appropriated to the Agency may be trans25 ferred to any other account (other than another account
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1 of the Agency) unless the transfer of such amount to such

2 account is specifically authorized by law. No amount ap3 propriated to the Department of Defense or another de4 partment or agency may be transferred to the Under Sec5 retary for Defense Nuclear Programs or to an account for

6 the Agency unless the transfer of such amount to such

7 account is specifically authorized by law.

8 SEC. 506. TRANSITION PROVISIONS.

9 (a) EXERCISE OF AUTHORITIES.—Except as other10 wise provided by law, the Under Secretary for Defense

11 Nuclear Programs may, for purposes of performing a

12 function that is transferred to the Under Secretary by this

13 Act, exercise all authorities under any other provision of

14 law that were available with respect to the performance

15 of that function to the official responsible for the perform16 ance of that function on the day before the date of the

17 enactment of this Act.

18 (b) AUTHORITIES TO WIND UP AFFAIRS.—

19 (1) IN GENERAL.—(A) The Director of the Of20 fice of Management and Budget may take such ac21 tions as the Director considers necessary to wind up

22 any outstanding affairs of the Department of En23 ergy associated with the functions that are trans24 ferred pursuant to section 504(a).
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•HR 1993 IH

1 (B) The Secretary of Defense may take such

2 actions as the Secretary considers necessary to wind

3 up any outstanding affairs of the Defense Nuclear

4 Agency associated with the functions that are trans5 ferred pursuant to section 504(b), any outstanding

6 affairs of the Department of Defense associated with

7 any functions that may be transferred pursuant to

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

9 Assistant to the Secretary of Defense for Atomic

10 Energy.

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

12 actions as the Secretary considers necessary to wind

13 up any outstanding affairs of the Strategic Systems

14 Programs of the Department of the Navy associated

15 with the functions that are transferred pursuant to

16 section 504(c).

17 (D) The Director of the Office of Management

18 and Budget may take such actions as the Director

19 considers necessary to wind up any outstanding af20 fairs of the Defense Nuclear Facilities Safety Board.

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

22 personnel, property, records, and unexpended bal23 ances of appropriations, allocations, and other funds

24 employed, used, held, available, or to be made avail25 able in connection with a function transferred to the
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1 Under Secretary for Defense Nuclear Programs by

2 this Act are transferred to the Under Secretary for

3 use in connection with the functions transferred.

4 (3) FURTHER MEASURES AND DISPOSITIONS.—

5 Such further measures and dispositions as the Presi6 dent considers necessary to effectuate the transfers

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

8 such manner as the President directs and by the

9 heads of such agencies as the President designates.

10 SEC. 507. TECHNICAL AND CONFORMING AMENDMENTS.

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

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

13 amended—

14 (1) in paragraph (1), by inserting after ‘‘Inter15 national Development,’’ the following: ‘‘the Defense

16 Nuclear Programs Agency,’’; and

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

18 Social Security Administration;’’ and inserting in

19 lieu thereof ‘‘the Social Security Administration, or

20 the Defense Nuclear Programs Agency;’’.

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

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

23 end the following:

24 ‘‘Under Secretary for Defense Nuclear Pro25 grams.’’.
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1 (2) Section 5314 of title 5, United States Code, is

2 amended by adding at the end the following:

3 ‘‘Deputy Under Secretary for Defense Nuclear

4 Programs.’’.

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

6 amended by adding at the end the following:

7 ‘‘Assistant Secretaries, Defense Nuclear Pro8 grams Agency (4).

9 ‘‘Inspector General, Defense Nuclear Programs

10 Agency.’’.

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

12 amended by adding at the end the following:

13 ‘‘General Counsel, Defense Nuclear Programs

14 Agency.’’.

15 SEC. 508. EFFECTIVE DATE AND TRANSITION PERIOD.

16 (a) EFFECTIVE DATE.—Except as provided in sub17 section (b), this title shall take effect on the date of the

18 enactment of this Act.

19 (b) DELAYED EFFECTIVE DATE FOR ESTABLISH20 MENT OF AGENCY AND TRANSFERS OF FUNCTIONS.—

21 Section 502(a) and section 504 of this Act shall take effect

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

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

24 the Secretary of Energy, the Assistant to the Secretary

25 of Defense for Atomic Energy, and the Defense Nuclear
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1 Facilities Safety Board shall, beginning as soon as prac2 ticable after the date of the enactment of this Act, plan

3 for the orderly establishment of, and transfer of functions

4 to, the Agency pursuant to this Act.

5 (d) APPOINTMENT AUTHORITY.—The President may

6 make appointments under section 2 notwithstanding the

7 delayed effective date under subsection (b) for the estab8 lishment of the Agency.

9 Subtitle B—Environmental Res10 toration Activities at Defense

11 Nuclear Facilities

12 SEC. 521. ENVIRONMENTAL RESTORATION ACTIVITIES AT

13 DEFENSE NUCLEAR FACILITIES.

14 The Comprehensive Environmental Response, Com15 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et

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

17 title:

18 ‘‘TITLE IV—ENVIRONMENTAL

19 RESTORATION ACTIVITIES AT

20 DEFENSE NUCLEAR FACILI21 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.
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‘‘Sec. 413. Site-specific risk assessment.

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

1 ‘‘Subtitle A—General Provisions

2 ‘‘SEC. 401. APPLICABILITY.

3 ‘‘Notwithstanding section 120, the provisions of this

4 title shall apply with respect to selection of remedial ac5 tions at defense nuclear facilities.

6 ‘‘SEC. 402. DEFINITIONS.

7 ‘‘For purposes of this title:

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

9 means—

10 ‘‘(A) a production facility or utilization fa11 cility (as those terms are defined in section 11

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

13 2014)) that is under the control or jurisdiction

14 of the Under Secretary of Defense for Defense

15 Nuclear Programs and that is operated for na16 tional security purposes (including the tritium

17 loading facility at Savannah River, South Caro18 lina, the 236 H facility at Savannah River,

19 South Carolina; and the Mound Laboratory,

20 Ohio), but the term does not include any facil21 ity that does not conduct atomic energy defense

22 activities and does not include any facility or

23 activity covered by Executive Order Number
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•HR 1993 IH

1 12344, dated February 1, 1982, pertaining to

2 the naval nuclear propulsion program;

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

4 facility that is under the control or jurisdiction

5 of the Under Secretary of Defense for Defense

6 Nuclear Programs;

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

8 under the control or jurisdiction of the Under

9 Secretary of Defense for Defense Nuclear Pro10 grams and that is operated for national security

11 purposes (including the Nevada Test Site, Ne12 vada; the Pinnellas Plant, Florida; and the

13 Pantex facility, Texas);

14 ‘‘(D) an atomic weapons research facility

15 that is under the control or jurisdiction of the

16 Under Secretary of Defense for Defense Nu17 clear Programs (including the Lawrence Liver18 more, Los Alamos, and Sandia National Lab19 oratories); or

20 ‘‘(E) any facility described in paragraphs

21 (1) through (4) that—

22 ‘‘(i) is no longer in operation;

23 ‘‘(ii) was under the control or jurisdic24 tion of the Department of Defense, the

25 Atomic Energy Commission, the Energy
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1 Research and Development Administration,

2 or the Department of Energy; and

3 ‘‘(iii) was operated for national secu4 rity purposes.

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

6 Secretary of Defense for Defense Nuclear Programs.

7 ‘‘(3) The term ‘Administrator’ means the Adminis8 trator of the Environmental Protection Agency.

9 ‘‘Subtitle B—Selection of Remedial

10 Action

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

12 ACTIONS.

13 ‘‘REVIEW OF ONGOING AND PLANNED ACTIVITIES.—

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

15 of this title, the Under Secretary shall review each reme16 dial action described in paragraph (2) for purposes of de17 termining whether the remedial action was selected in a

18 manner consistent with the requirements of this subtitle.

19 If the Under Secretary determines the selection was not

20 consistent with the requirements of this subtitle, the

21 Under Secretary shall modify the remedial action in a

22 manner consistent with the requirements of this subtitle.

23 The Under Secretary shall, to the maximum extent prac24 ticable, ensure the minimization of any delays in the per-
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1 formance of the remedial action that result from the

2 Under Secretary’s activities under this paragraph.

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

4 a defense nuclear facility—

5 ‘‘(A) which is ongoing as of the date of the en6 actment of this title, including a facility for which

7 construction is ongoing or has been completed as of

8 such date; or

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

10 not yet commenced as of such date of enactment.

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

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

13 a remedial action for a defense nuclear facility based upon

14 consideration of a site-specific risk assessment conducted

15 in accordance with section 413 and an analysis of risk re16 duction benefits and costs conducted in accordance with

17 section 414.

18 ‘‘(b) REQUIREMENT FOR LOWEST COST ACTION.—

19 In selecting a remedial action, the Under Secretary shall

20 select the lowest cost action which achieves a residual risk

21 that is within the risk range goal established by the Na22 tional Contingency Plan for protection of public health

23 and the environment, unless—

24 ‘‘(1) the incremental benefits of a more expen25 sive remedial action justify incurring the incremental
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1 costs of the more expensive remedy, as set forth in

2 the analysis of risk reductions cost and benefits for

3 the remedial action pursuant to section 414, in

4 which case a more expensive remedy may be se5 lected, or

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

7 which achieves a residual risk level within the risk

8 range goal are not reasonably related to the costs of

9 such remedy, in which case a less expensive remedy

10 may be selected.

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

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

13 the Under Secretary shall consult with the Administrator,

14 officials of State, local, or tribal governments having juris15 diction over the property or, in the case of property which

16 is exclusively under Federal jurisdiction, having jurisdic17 tion over the surrounding areas. Such consultation shall

18 include discussion of, at a minimum, current area demo19 graphics, land and water uses, and currently planned land

20 and water uses, the determination of which shall remain

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

22 government with jurisdiction.

23 ‘‘(d) PUBLIC COMMENT.—Before selection of a reme24 dial action, the Under Secretary shall provide a period of
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1 not less than 30 days for public comment on the remedial

2 action.

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

4 certify the following when selecting a remedial action:

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

6 and costs for the remedial action pursuant to section

7 414 is based on objective and unbiased scientific and

8 economic evaluations of all significant and relevant

9 information and on risk assessments provided to the

10 agency by interested parties relating to the costs,

11 risks, and risk reduction and other benefits of the

12 remedial action selected.

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

14 other benefits of the remedial action will be likely to

15 justify, and be reasonably related to, the incremental

16 costs incurred by the Federal Government, by State,

17 local, and tribal governments, and other public and

18 private entities.

19 ‘‘(3) That other alternative remedial actions

20 identified or considered by the agency were found to

21 be less cost-effective at achieving a substantially

22 equivalent reduction in risk.

23 ‘‘(f) ADMINISTRATIVE RECORD.—All documents con24 sidered by the Under Secretary shall be made part of the

25 administrative record for purposes of judicial review.
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1 ‘‘SEC. 413. SITE-SPECIFIC RISK ASSESSMENT.

2 ‘‘(a) IN GENERAL.—(1) A site-specific risk assess3 ment shall be performed in accordance with this section

4 before the selection of a remedial action at a defense nu5 clear facility. The Under Secretary shall apply the prin6 ciples set forth in subsection (b) in order to ensure that

7 a site-specific risk assessment—

8 ‘‘(A) distinguishes scientific findings from other

9 considerations;

10 ‘‘(B) is, to the extent feasible, scientifically ob11 jective, unbiased, and inclusive of all relevant data;

12 and

13 ‘‘(C) relies, to the extent available and prac14 ticable, on factual site-specific data.

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

16 section need not be repeated in each risk assessment docu17 ment as long as there is a reference to the relevant discus18 sions or explanation in another agency document which

19 is available to the public.

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

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

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

23 site-specific risk assessment shall contain a discus24 sion of both relevant laboratory and relevant epi25 demiologic data of sufficient quality which finds, or

26 fails to find, a correlation between health risks and
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1 a potential toxin or activity. Where conflicts among

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

3 used as a basis to assess human health, the site-spe4 cific risk assessment shall, to the extent feasible and

5 appropriate, include discussion of possible reconcili6 ation of conflicting information, and, as relevant,

7 differences in study designs, comparative physiology,

8 routes of exposure, bioavailability, pharmacokinetics,

9 and any other relevant factor, including the suffi10 ciency of basic data for review. The discussion of

11 possible reconciliation should indicate whether there

12 is a biological basis to assume a resulting harm in

13 humans. Animal data shall be reviewed with regard

14 to its relevancy to humans.

15 ‘‘(2) Where a site-specific risk assessment in16 volves selection of any significant default value, as17 sumption, inference, or model, the risk assessment

18 document shall, to the extent feasible—

19 ‘‘(A) present a representative list and ex20 planation of plausible and alternative assump21 tions, inferences, or models;

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

23 ‘‘(C) identify any policy or value judg24 ments;
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1 ‘‘(D) fully describe any model used in the

2 risk assessment and make explicit the assump3 tions incorporated in the model; and

4 ‘‘(E) indicate the extent to which any sig5 nificant model has been validated by, or con6 flicts with, empirical data.

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

8 meet each of the following requirements regarding

9 risk characterization and communication:

10 ‘‘(A) The risk characterization shall de11 scribe the populations or natural resources

12 which are the subject of the risk characteriza13 tion. If a numerical estimate of risk is provided,

14 the agency shall, to the extent feasible, pro15 vide—

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

17 the specific populations or natural re18 sources which are the subject to the char19 acterization (based on the information

20 available to the Federal agency); and

21 ‘‘(ii) a statement of the reasonable

22 range of scientific uncertainties.

23 In addition to such best estimate or estimates,

24 the risk characterization document may present

25 plausible upper-bound or conservative estimates
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1 in conjunction with plausible lower-bound esti2 mates. Where appropriate, the risk character3 ization document may present, in lieu of a sin4 gle best estimate, multiple best estimates based

5 on assumptions, inferences, or models which are

6 equally plausible, given current scientific under7 standing. To the extent practicable and appro8 priate, the document shall provide descriptions

9 of the distribution and probability of risk esti10 mates to reflect differences in exposure varia11 bility or sensitivity in populations and attend12 ance uncertainties. Sensitive subpopulations or

13 highly exposed subpopulations include, where

14 relevant and appropriate, children, the elderly,

15 pregnant women, and disabled persons.

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

17 actual exposure pathways and currently planned

18 future land and water uses as established by

19 any local governmental authorities with jurisdic20 tion over the property and shall consider the

21 availability of alternative water supplies. To the

22 extent feasible, the site-specific risk assessment

23 shall include a statement of the size of the pop24 ulation at risk under any proposed exposure

25 scenario and the likelihood of such scenario.
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1 Exposure scenarios shall explicitly identify

2 those exposure scenarios which result in plau3 sible completed exposure pathways.

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

5 contain a statement that places the magnitude

6 of risks to human health, safety, or the environ7 ment in context. Such statement shall, to the

8 extent feasible, provide comparisons with esti9 mates of greater, lesser, and substantially

10 equivalent risks that are familiar to and rou11 tinely encountered by the general public as well

12 as other risks, and where appropriate and

13 meaningful, comparisons of those risks with

14 other similar risks regulated by the Federal

15 agency resulting from comparable activities and

16 exposure pathways. Such comparisons should

17 consider relevant distinctions among risks, such

18 as the voluntary or involuntary nature of risks

19 and the preventability or nonpreventability of

20 risks.

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

22 shall include a statement of any significant sub23 stitution risks to human health, where informa24 tion on such risks has been provided to the

25 Under Secretary.
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1 ‘‘(E) If a commenter provides the Under

2 Secretary with a relevant risk assessment and a

3 summary thereof in a timely fashion and the

4 risk assessment is consistent with the principles

5 and the guidance provided under this section,

6 the Under Secretary shall, to the extent fea7 sible, present such summary in connection with

8 the presentation of the site-specific risk assess9 ment. Nothing in this paragraph shall be con10 strued to limit the inclusion of any comments or

11 material supplied by any person to the adminis12 trative record of any proceeding.

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

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

15 paragraph (3) by reference to information or mate16 rial otherwise available to the public if the document

17 provides a brief summary of such information or

18 material.

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

20 COSTS.

21 ‘‘(a) IN GENERAL.—The Under Secretary shall pre22 pare an analysis of risk reduction benefits and costs in

23 accordance with this section before the selection of a reme24 dial action at a defense nuclear facility.
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1 ‘‘(b) CONTENTS OF ANALYSIS.—An analysis of risk

2 reduction benefits and costs for a remedial action shall

3 contain the following:

4 ‘‘(1) An identification of reasonable alternative

5 strategies, including strategies that are proposed

6 during a public comment period.

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

8 incremental risk reduction or other benefits associ9 ated with each alternative remedial action identified

10 or considered. Costs and benefits shall be quantified

11 to the extent feasible and appropriate and may oth12 erwise be qualitatively described.

13 ‘‘(3) A statement that places in context the na14 ture and magnitude of the risks to be addressed and

15 the residual risks likely to remain for each alter16 native strategy identified or considered by the Under

17 Secretary. Such statement shall, to the extent fea18 sible, provide comparisons with estimates of greater,

19 lesser, and substantially equivalent risks that are fa20 miliar to and routinely encountered by the general

21 public as well as other risks and, where appropriate

22 and meaningful, comparisons of those risks with

23 other similar risks regulated by the Federal Govern24 ment resulting from comparable activities and expo25 sure pathways. Such comparisons should consider
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1 relevant distinctions among risks, such as the vol2 untary or involuntary nature of risks and the pre3 ventability or nonpreventability of risks.

4 ‘‘(4) An analysis of whether the identified bene5 fits of the remedial action are likely to exceed the

6 identified costs of the remedial action.’’.

7 SEC. 522. CONFORMING AMENDMENT.

8 Section 120(a)(3) of the Comprehensive Environ9 mental Response, Compensation, and Liability Act of

10 1980 (42 U.S.C. 9620(a)(3)) is amended by inserting

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

12 also shall not apply to the extent otherwise provided in

13 title IV with respect to selection of remedial actions at

14 defense nuclear facilities.’’.

15 SEC. 523. RENEGOTIATION OF COMPLIANCE AGREEMENTS.

16 (a) REQUIREMENT.—For each defense nuclear facil17 ity with respect to which a compliance agreement has been

18 entered into by the Secretary of Energy, the Environ19 mental Protection Agency, and a State as of the date of

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

21 for Defense Nuclear Programs shall enter into negotia22 tions with the Environmental Protection Agency and the

23 State concerned to renegotiate the terms of the compliance

24 agreement to reflect title IV of the Comprehensive Envi-
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1 ronmental Response, Compensation, and Liability Act of

2 1980, as added by section 521.

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

4 Defense Nuclear Programs shall complete renegotiation of

5 compliance agreements as required by subsection (a) not

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

7 Act.

8 TITLE VI—DISPOSITION OF

9 MISCELANEOUS PARTICULAR

10 PROGRAMS, FUNCTIONS, AND

11 AGENCIES OF DEPARTMENT

12 SEC. 601. ENERGY RESEARCH AND DEVELOPMENT.

13 (a) AUTHORIZATION.—

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

15 appropriated for Energy Supply Research and De16 velopment activities of the Department of Energy,

17 including Basic Energy Sciences, Magnetic Fusion

18 Energy, Solar and Renewable Energy, Nuclear Fis19 sion, and Biological and Environmental Sciences re20 search and development, and all other research and

21 development activities of the Department of Energy

22 other than General Science and Research activities,

23 shall not exceed—
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1 (A) for fiscal year 1996, 75 percent of the

2 budget authority available for such purposes for

3 fiscal year 1995;

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

5 budget authority available for such purposes for

6 fiscal year 1995;

7 (C) for fiscal year 1998, 50 percent of the

8 budget authority available for such purposes for

9 fiscal year 1995;

10 (D) for fiscal year 1999, 50 percent of the

11 budget authority available for such purposes for

12 fiscal year 1995; and

13 (E) for fiscal year 2000, 50 percent of the

14 budget authority available for such purposes for

15 fiscal year 1995.

16 (2) DEFINITION.—For purposes of this sub17 section, the term ‘‘budget authority’’ has the mean18 ing given such term in section 3(2) of the Congres19 sional Budget Act of 1974.

20 (b) RECOMMENDATIONS.—Within 1 year of the date

21 of the enactment of this Act, the Energy Laboratory Fa22 cilities Commission established under section 201(a) of

23 this Act shall identify in a report to Congress all research

24 and development activities of the Department of Energy

25 carried out at energy laboratories (as such term is defined
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1 in section 208(5) of this Act) or at institutions of higher

2 education, that perform a critical research function of im3 portance to the long-term economic wellbeing of the Unit4 ed States. Such report shall include recommendations for

5 the transfer of such activities to appropriate Federal agen6 cies.

7 (c) TERMINATION OF PROGRAMS.—

8 (1) CLEAN COAL TECHNOLOGY.—The Secretary

9 of Energy shall terminate all clean coal technology

10 research and development activities of the Depart11 ment of Energy.

12 (2) FOSSIL ENERGY AND ENERGY CONSERVA13 TION.—There are authorized to be appropriated to

14 the Secretary of Energy—

15 (A) for fossil energy research and develop16 ment activities of the Department of Energy—

17 (i) $150,000,000 for fiscal year 1996;

18 (ii) $135,000,000 for fiscal year 1997;

19 and

20 (iii) $120,000,000 for fiscal year

21 1998; and

22 (B) for energy conservation research and

23 development activities of the Department of En24 ergy—

25 (i) $427,000,000 for fiscal year 1996;
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1 (ii) $412,000,000 for fiscal year 1997;

2 and

3 (iii) $397,000,000 for fiscal year

4 1998.

5 The fossil energy and energy conservation research

6 and development activities of the Department of En7 ergy shall be terminated at the end of fiscal year

8 1998.

9 (d) TRANSFER OF PROGRAMS.—The following activi10 ties of the Department of Energy shall, no later than 60

11 days after the date of the enactment of this Act, be trans12 ferred to the Department of Defense:

13 (1) All activities described under the category

14 ‘‘Weapons Activities’’ in the annual budget request

15 of the President for fiscal year 1996, including

16 weapons stockpile stewardship and management.

17 (2) All activities described under the category

18 ‘‘Materials Support and Other Defense Programs’’

19 in the annual budget request of the President for

20 fiscal year 1996.

21 (e) PROGRESS REPORTS.—The Secretary of Energy

22 shall, every 90 days after the date of the enactment of

23 this Act until the completion of the execution of sub24 sections (c) and (d), transmit to the Congress a report

25 on the progress made toward such execution.
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1 SEC. 602. ENERGY INFORMATION ADMINISTRATION.

2 There are hereby transferred to the Department of

3 the Treasury all functions performed by the Energy Infor4 mation Administration on the day before the effective date

5 of this section. There are authorized to be appropriated

6 for carrying out the activities of the Energy Information

7 Administration $40,000,000 for each of the fiscal years

8 1996 through 2000.

9 SEC. 603. ENERGY REGULATORY ADMINISTRATION.

10 There are hereby transferred to the Attorney General

11 all functions performed by the Energy Regulatory Admin12 istration on the day before the effective date of this sec13 tion.

14 SEC. 604. EFFECTIVE DATE.

15 (a) GENERAL RULE.—Except as provided in sub16 section (b), this title shall take effect on the date specified

17 in section 109(a) of this Act.

18 (b) EXCEPTIONS.—Section 601(c), (d), and (e), shall

19 take effect on the date of the enactment of this Act.

20 TITLE VII—CIVILIAN RADIO21 ACTIVE WASTE MANAGEMENT

22 SEC. 701. NUCLEAR WASTE REPOSITORY.

23 Effective upon the expiration of the 3rd calendar

24 month beginning after the date of the enactment of this

25 Act section 304 of the Nuclear Waste Policy Act of 1982

26 (42 U.S.C. 10224) is amended to read as follows:
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1 ‘‘ARMY CORPS OF ENGINEERS

2 ‘‘SEC. 304. (a) TRANSFER.—The Office of Civilian

3 Radioactive Waste Management (referred to in this sec4 tion as the ‘office’) is terminated and the authority and

5 assets of the office with respect to its activities under title

6 I respecting a repository for radioactive waste and spent

7 nuclear fuel is transferred to the Army Corps of Engineers

8 (referred to in this section as the ‘Corps’. In connection

9 with the transfer, the Corps shall assume all contracts and

10 other obligations of the office with respect to the Yucca

11 Mountain site and the permits from the State of Nevada

12 for the site shall be reissued for the Corps.

13 ‘‘(b) YUCCA MOUNTAIN SITE.—The Corps shall re14 view the characterization plan of, and the work under15 taken by, the office for the Yucca Mountain site. Effective

16 6 months after the transfer under subsection (a), the

17 Corps shall prepare its own site characterization plan in

18 accordance with section 113. The plan shall be submitted

19 to the Nuclear Waste Technical Review Board for its re20 view and comments. If the Yucca Mountain site is found

21 to be suitable, the Corps shall be responsible for managing

22 the design and construction of the site. Once completed,

23 the site shall be operated by the Corps in accordance with

24 this Act. The Corps shall provide benefits to the State of

25 Nevada in accordance with subtitle F of title I.
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1 ‘‘(c) OTHER SITE.—If the Yucca Mountain site is

2 found to be unsuitable, the Corps shall undertake a site

3 characterization plan for another site.’’.

4 TITLE VIII—MISCELLANEOUS

5 PROVISIONS

6 SEC. 801. REFERENCES.

7 Any reference in any other Federal law, Executive

8 order, rule, regulation, or delegation of authority, or any

9 document of or pertaining to an office from which a func10 tion is transferred by this Act—

11 (1) to the Secretary of Energy or an officer of

12 the Department of Energy, is deemed to refer to the

13 head of the department or office to which such func14 tion is transferred; or

15 (2) to the Department of Energy is deemed to

16 refer to the department or office to which such func17 tion is transferred.

18 SEC. 802. EXERCISE OF AUTHORITIES.

19 Except as otherwise provided by law, a Federal offi20 cial to whom a function is transferred by this Act may,

21 for purposes of performing the function, exercise all au22 thorities under any other provision of law that were avail23 able with respect to the performance of that function to

24 the official responsible for the performance of the function
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1 immediately before the effective date of the transfer of the

2 function under this Act.

3 SEC. 803. SAVINGS PROVISIONS.

4 (a) LEGAL DOCUMENTS.—All orders, determinations,

5 rules, regulations, permits, grants, loans, contracts, agree6 ments, certificates, licenses, and privileges—

7 (1) that have been issued, made, granted, or al8 lowed to become effective by the President, the Sec9 retary of Energy, any officer or employee of any of10 fice transferred by this Act, or any other Govern11 ment official, or by a court of competent jurisdic12 tion, in the performance of any function that is

13 transferred by this Act, and

14 (2) that are in effect on the effective date of

15 such transfer (or become effective after such date

16 pursuant to their terms as in effect on such effective

17 date),

18 shall continue in effect according to their terms until

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

20 accordance with law by the President, any other author21 ized official, a court of competent jurisdiction, or operation

22 of law.

23 (b) PROCEEDINGS.—This Act shall not affect any

24 proceedings or any application for any benefits, service,

25 license, permit, certificate, or financial assistance pending
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1 on the date of the enactment of this Act before an office

2 transferred by this Act, but such proceedings and applica3 tions shall be continued. Orders shall be issued in such

4 proceedings, appeals shall be taken therefrom, and pay5 ments shall be made pursuant to such orders, as if this

6 Act had not been enacted, and orders issued in any such

7 proceeding shall continue in effect until modified, termi8 nated, superseded, or revoked by a duly authorized official,

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

10 law. Nothing in this subsection shall be considered to pro11 hibit the discontinuance or modification of any such pro12 ceeding under the same terms and conditions and to the

13 same extent that such proceeding could have been discon14 tinued or modified if this Act had not been enacted.

15 (c) SUITS.—This Act shall not affect suits com16 menced before the date of the enactment of this Act, and

17 in all such suits, proceeding shall be had, appeals taken,

18 and judgments rendered in the same manner and with the

19 same effect as if this Act had not been enacted.

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

21 or other proceeding commenced by or against the Depart22 ment of Energy or the Secretary of Energy, or by or

23 against any individual in the official capacity of such indi24 vidual as an officer or employee of an office transferred
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1 by this Act, shall abate by reason of the enactment of this

2 Act.

3 (e) CONTINUANCE OF SUITS.—If any officer of the

4 Department of Energy or the Energy Programs Resolu5 tion Agency in the official capacity of such officer is party

6 to a suit with respect to a function of the officer, and

7 under this Act such function is transferred to any other

8 officer or office, then such suit shall be continued with

9 the other officer or the head of such other office, as appli10 cable, substituted or added as a party.

11 SEC. 804. TRANSFER OF ASSETS.

12 Except as otherwise provided in this Act, so much

13 of the personnel, property, records, and unexpended bal14 ances of appropriations, allocations, and other funds em15 ployed, used, held, available, or to be made available in

16 connection with a function transferred to an official by

17 this Act shall be available to the official at such time or

18 times as the Director of the Office of Management and

19 Budget directs for use in connection with the functions

20 transferred.

21 SEC. 805. DELEGATION AND ASSIGNMENT.

22 Except as otherwise expressly prohibited by law or

23 otherwise provided in this Act, an official to whom func24 tions are transferred under this Act (including the head

25 of any office to which functions are transferred under this
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1 Act) may delegate any of the functions so transferred to

2 such officers and employees of the office of the official as

3 the official may designate, and may authorize successive

4 redelegations of such functions as may be necessary or ap5 propriate. No delegation of functions under this section

6 or under any other provision of this Act shall relieve the

7 official to whom a function is transferred under this Act

8 of responsibility for the administration of the function.

9 SEC. 806. AUTHORITY OF OFFICE OF MANAGEMENT AND

10 BUDGET WITH RESPECT TO FUNCTIONS

11 TRANSFERRED.

12 (a) DETERMINATIONS.—If necessary, the Office of

13 Management and Budget shall make any determination of

14 the functions that are transferred under this Act.

15 (b) INCIDENTAL TRANSFERS.—The Director of the

16 Office of Management and Budget, at such time or times

17 as the Director shall provide, may make such determina18 tions as may be necessary with regard to the functions

19 transferred by this Act, and to make such additional inci20 dental dispositions of personnel, assets, liabilities, grants,

21 contracts, property, records, and unexpended balances of

22 appropriations, authorizations, allocations, and other

23 funds held, used, arising from, available to, or to be made

24 available in connection with such functions, as may be nec25 essary to carry out the provisions of this Act. The Director
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1 of the Office of Management and Budget shall provide for

2 the termination of the affairs of all entities terminated by

3 this Act and for such further measures and dispositions

4 as may be necessary to effectuate the purposes of this Act.

5 SEC. 807. PROPOSED CHANGES IN LAW.

6 Not later than one year after the date of the enact7 ment of this Act, the Director of the Office of Manage8 ment and Budget shall submit to the Congress a descrip9 tion of any changes in Federal law necessary to reflect

10 abolishments, transfers, terminations, and disposals under

11 this Act.

12 SEC. 808. CERTAIN VESTING OF FUNCTIONS CONSIDERED

13 TRANSFER.

14 For purposes of this title, the vesting of a function

15 in a department or office pursuant to reestablishment of

16 an office shall be considered to be the transfer of the func17 tion.

18 SEC. 809. DEFINITIONS.

19 Except as otherwise provided in this Act, for purposes

20 of this Act the following definitions apply:

21 (1) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of the Energy Pro23 grams Resolution Agency.

24 (2) AGENCY.—The term ‘‘Agency’’ means the

25 Energy Programs Resolution Agency.
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1 (3) FUNCTION.—The term ‘‘function’’ includes

2 any duty, obligation, power, authority, responsibility,

3 right, privilege, activity, or program.

4 (4) OFFICE.—The term ‘‘office’’ includes any

5 office, administration, agency, institute, council,

6 unit, organizational entity, or component thereof.

7 (5) TERMINATION DATE.—The term ‘‘termi8 nation date’’ means the termination date under sec9 tion 106(d).

10 (6) WIND-UP PERIOD.—The term ‘‘wind-up pe11 riod’’ means the period beginning on the effective

12 date specified in section 109(a) and ending on the

13 termination date.

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