II

104TH CONGRESS

2D SESSION S. 1678

To abolish the Department of Energy, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 16, 1996

Mr. GRAMS (for himself, Mr. FAIRCLOTH, Mr. ABRAHAM, and Mr. STEVENS)

introduced the following bill; which was read twice and referred to the

Committee on Energy and Natural Resources

A BILL

To abolish the Department of Energy, and for other

purposes.

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

3 SECTION 1. SHORT TITLE.

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

5 Abolishment Act’’.

6 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

TITLE I—ABOLISHMENT OF DEPARTMENT OF ENERGY
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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. Restoration of the Federal Energy Regulatory Commission as an

independent agency.

Sec. 108. Disposition of the Energy Information Administration and of certain

energy research programs.

Sec. 109. Disposition of the Energy Regulatory Administration.

Sec. 110. GAO report.

Sec. 111. Conforming amendments.

Sec. 112. Effective date.

TITLE II—ENERGY LABORATORIES

Subtitle A—National Defense Laboratories

Sec. 201. Transfer and discharge of functions.

Subtitle B—Nondefense Energy Laboratories

Sec. 211. Definitions.

Sec. 212. Transfer to National Science Foundation.

Sec. 213. Energy Laboratory Facilities Commission.

Sec. 214. Procedure for making recommendations for laboratory facilities.

Sec. 215. Fast track congressional consideration of Commission report.

Sec. 216. Closure, reconfiguration, transfer, and privatization of energy laboratories.

Sec. 217. Implementation of closure, reconfiguration, transfer, and privatization

actions.

Sec. 218. Account.

Sec. 219. Reports on implementation.

TITLE III—POWER MARKETING ADMINISTRATIONS

Sec. 301. Findings.

Sec. 302. Definitions.

Sec. 303. Transfer to Army Corps of Engineers.

TITLE IV—TRANSFER AND DISPOSAL OF RESERVES

Subtitle A—Strategic Petroleum Reserve

Sec. 401. Strategic Petroleum Reserve.

Subtitle B—Naval Petroleum Reserves

Sec. 411. Naval Petroleum Reserves.

TITLE V—NATIONAL SECURITY AND ENVIRONMENTAL

MANAGEMENT PROGRAMS

Sec. 501. Establishment and organization of Defense Nuclear Programs Agency.

Sec. 502. Functions of Defense Nuclear Programs Agency.
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Sec. 503. Transfers of functions.

Sec. 504. Limitation on transfers of funds.

Sec. 505. Transition provisions.

Sec. 506. Technical and conforming amendments.

Sec. 507. Effective date and transition period.

TITLE VI—ENVIRONMENTAL RESTORATION ACTIVITIES AT

DEFENSE NUCLEAR FACILITIES

Sec. 601. Environmental restoration activities at Defense nuclear facilities.

Sec. 602. Conforming amendment.

Sec. 603. Renegotiation of compliance agreements.

TITLE VII—CIVILIAN RADIOACTIVE WASTE MANAGEMENT

Sec. 701. Transfer of authority to the Secretary of the Army.

Sec. 702. Reaffirmation of obligation to accept radioactive waste and spent nuclear fuel by 1998.

Sec. 703. Initial storage facility.

TITLE VIII—MISCELLANEOUS PROVISIONS

Sec. 801. References.

Sec. 802. Exercise of authorities.

Sec. 803. Savings provisions.

Sec. 804. Transfer of assets.

Sec. 805. Delegation.

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.

1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Energy Pro5 grams Resolution Agency.

6 (2) AGENCY.—The term ‘‘Agency’’ means the

7 Energy Programs Resolution Agency.

8 (3) FUNCTION.—The term ‘‘function’’ includes

9 any duty, obligation, power, authority, responsibility,

10 right, privilege, activity, or program.
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1 (4) OFFICE.—The term ‘‘office’’ includes any

2 office, administration, agency, institute, council,

3 unit, and organizational entity and any component

4 thereof.

5 (5) SECRETARY.—The term ‘‘Secretary’’ means

6 the Secretary of Energy.

7 (6) SECRETARY OR ADMINISTRATOR.—The

8 term ‘‘Secretary or Administrator’’ means—

9 (A) with respect to any time prior to the

10 effective date of this Act, the Secretary of En11 ergy; and

12 (B) with respect to any time after the ef13 fective date of this Act, the Administrator.

14 (7) TERMINATION DATE.—The term ‘‘termi15 nation date’’ means the termination date under sec16 tion 106(d).

17 (8) WIND-UP PERIOD.—The term ‘‘wind-up pe18 riod’’ means the period beginning on the effective

19 date specified in section 109(a) and ending on the

20 termination date.
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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) REDESIGNATION.—The Department of Energy is

6 redesignated as the Energy Programs Resolution Agency,

7 which shall be an independent agency in the executive

8 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 enactment of this Act, appoint

23 an individual to serve as Administrator of the En24 ergy Programs Resolution Agency (who may be the

25 person holding the position of Secretary of Energy
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1 on the day before the effective date of this Act). An

2 appointment under this paragraph shall not be con3 strued to affect the position of Secretary of Energy

4 or the authority of the Secretary before the effective

5 date of this Act.

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 under section 102 and the other provisions of this

11 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 Agency.

19 SEC. 102. FUNCTIONS.

20 Except as otherwise provided in this Act, the Admin21 istrator shall perform all functions that, on the day before

22 the effective date of this Act, were functions of the De23 partment of Energy (or any office of the Department) or

24 were performed by the Secretary or any other officer or
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1 employee of the Department in the capacity as such officer

2 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) perform such functions as may be delegated

9 by the Administrator.

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

12 The person holding the position of Secretary of En13 ergy on the day before the effective date of this Act and

14 persons holding positions in the Department of Energy on

15 that date whose appointment is not vested in the Secretary

16 of Energy—

17 (1) shall be treated as persons designated to

18 perform the duties of their offices under sections

19 3345 and 3346, respectively, of title 5, United

20 States Code, for the purpose of establishing the pe21 riod of time during which those officers may con22 tinue to serve under section 3348 of that title; and

23 (2) shall continue to be compensated for serving

24 in those positions at the rate at which those persons

25 were compensated on that day.
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1 SEC. 105. REORGANIZATION.

2 The Administrator may, as the Administrator consid3 ers necessary or appropriate—

4 (1) allocate or reallocate any function of the

5 Agency under this Act among the officers of the

6 Agency; and

7 (2) establish, consolidate, alter, or discontinue

8 in the Agency any organizational entities that were

9 entities of the Department of Energy.

10 SEC. 106. ABOLISHMENT OF ENERGY PROGRAMS RESOLU11 TION AGENCY.

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

13 of this Act, the Energy Programs Resolution Agency is

14 abolished.

15 (b) ABOLITION OF FUNCTIONS.—Except for func16 tions transferred or otherwise continued under this Act,

17 all functions that, immediately before the termination

18 date, were functions of the Agency are abolished effective

19 on the termination date.

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

21 than the effective date of this Act, the President shall sub22 mit to Congress a plan for winding up the affairs of the

23 Agency in accordance with this Act and by not later than

24 the termination date.
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1 (d) TERMINATION DATE.—The termination date of

2 this Act is the date that is 3 years after the date of enact3 ment of this Act.

4 SEC. 107. RESTORATION OF THE FEDERAL ENERGY REGU5 LATORY COMMISSION AS AN INDEPENDENT

6 AGENCY.

7 The Department of Energy Organization Act is

8 amended—

9 (1) in the first sentence of section 204 (42

10 U.S.C. 7134) by striking ‘‘within the Department,’’;

11 (2) in section 401 (42 U.S.C. 7171)—

12 (A) in subsection (a) by striking ‘‘within

13 the Department’’;

14 (B) in subsection (c) by striking the second

15 sentence;

16 (C) by striking subsection (d); and

17 (D) in subsection (j)—

18 (i) in the first sentence—

19 (I) by striking ‘‘under this Act,

20 the Secretary’’ and inserting ‘‘by the

21 Commission, the Commission’’; and

22 (II) by striking ‘‘to the Secretary

23 and’’; and

24 (ii) in the second sentence by striking

25 ‘‘the Secretary,’’;
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1 (3) in section 402 (42 U.S.C. 7172) by striking

2 subsections (c), (d), (e), (f), and (g);

3 (4) in section 403 (42 U.S.C. 7173)—

4 (A) in subsection (a) by striking ‘‘Sec5 retary and the Commission are authorized to’’

6 and inserting ‘‘Commission may’’; and

7 (B) by striking subsection (b);

8 (5) by striking sections 404, 405, and 406 (42

9 U.S.C. 7174, 7175, and 7176);

10 (6) in section 407 (42 U.S.C. 7177)—

11 (A) in subsection (a)—

12 (i) by striking ‘‘The Secretary, each

13 officer of the Department, and each’’ and

14 inserting ‘‘Each’’; and

15 (ii) by striking ‘‘of the Department

16 or’’; and

17 (B) by striking subsection (b); and

18 (7) by striking section 501(a)(2) (42 U.S.C.

19 7191(a)(2)).

20 SEC. 108. DISPOSITION OF THE ENERGY INFORMATION AD21 MINISTRATION AND OF CERTAIN ENERGY RE22 SEARCH PROGRAMS.

23 (a) TRANSFER OF FUNCTIONS.—There are trans24 ferred to the Secretary of the Interior—
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1 (1) all of the functions of the Administrator of

2 the Energy Information Administration; and

3 (2)(A) the civilian energy research programs

4 under the Assistant Secretary of Energy for Fossil

5 Energy and the Assistant Secretary of Energy for

6 Energy Efficiency and Renewable Energy; and

7 (B) the science and technology programs

8 under—

9 (i) the Office of Energy Research;

10 (ii) the Office of Nuclear Energy Science

11 and Technology;

12 (iii) the Office of Science Education and

13 Technical Information; and

14 (iv) the Office of Energy Research.

15 (b) BASIC SCIENCE PROGRAMS.—If the Secretary of

16 the Interior determines that any of the programs trans17 ferred under subsection (a)(2) is a program that performs

18 basic science research that should be considered by the

19 Nondefense Energy Laboratory Commission under section

20 213, the President shall transfer the programs to the Na21 tional Science Foundation.

22 (c) RECOMMENDATIONS FOR FURTHER DISPOSI23 TION.—Not later than the date that is 1 year after the

24 date of enactment of this Act, the Secretary of the Interior

25 shall submit to Congress a report making recommenda-
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1 tions for the permanent disposition of the functions and

2 programs transferred by subsection (a).

3 SEC. 109. DISPOSITION OF THE ENERGY REGULATORY AD4 MINISTRATION.

5 (a) TRANSFER OF FUNCTIONS.—There are trans6 ferred to the Attorney General all of the functions of the

7 Administrator of the Energy Regulatory Administration.

8 (b) RESOLUTION OF PENDING CASES.—The Attor9 ney General shall make best efforts to resolve all cases

10 pending before, or being litigated on behalf of, the Energy

11 Regulatory Administration by the date that is 1 year after

12 the date of enactment of this Act, achieving such resolu13 tion by means of the alternate dispute resolution process

14 to the extent possible.

15 SEC. 110. GAO REPORT.

16 Not later than 180 days after the date of enactment

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

18 shall submit to Congress a report that includes rec19 ommendations for the most efficient means of achieving,

20 in accordance with this Act—

21 (1) the complete abolishment of the Depart22 ment of Energy; and

23 (2) the termination, transfer, or other disposi24 tion of the functions of the Department of Energy.
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1 SEC. 111. CONFORMING AMENDMENTS.

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

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

4 ‘‘Secretary of Energy,’’.

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

6 5, United States Code, is amended by striking the item

7 relating to the Department of Energy.

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

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

10 item relating to the Secretary of Energy.

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

12 5313 of title 5, United States Code, is amended by strik13 ing the item relating to the Deputy Secretary of Energy.

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

15 5314 of title 5, United States Code, is amended by strik16 ing the item relating to the Under Secretary, Department

17 of Energy.

18 (f) MISCELLANEOUS OFFICERS’ COMPENSATION.—

19 Section 5315 of title 5, United States Code, is amended

20 by striking the items relating to the Assistant Secretaries

21 of Energy, General Counsel of the Department of Energy,

22 Administrator, Economic Regulatory Administration, De23 partment of Energy, Administrator, Energy Information

24 Administration, Department of Energy, Inspector Gen25 eral, Department of Energy, Director, Office of Energy
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1 Research, Department of Energy, and Chief Financial Of2 ficer, Department of Energy.

3 (g) INSPECTOR GENERAL ACT OF 1978.—The In4 spector General Act of 1978 (5 U.S.C. App.) is amend5 ed—

6 (1) in section 9(a)(1) by striking subparagraph

7 (E);

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

9 (3) in section 11(2) by striking ‘‘Energy,’’.

10 (h) DEPARTMENT OF ENERGY ORGANIZATION

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

12 provisions of the Department of Energy Organization Act

13 (42 U.S.C. 7101 et seq.) are repealed:

14 (1) Sections 1 and 2.

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

16 SEC. 112. EFFECTIVE DATE.

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

18 (b), this title shall take effect on the date that is 180 days

19 after the date of enactment of this Act.

20 (b) PROVISIONS EFFECTIVE ON DATE OF ENACT21 MENT.—Sections 101, 106(c), and 107 shall take effect

22 on the date of enactment of this Act.
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1 TITLE II—ENERGY

2 LABORATORIES

3 Subtitle A—National Defense

4 Laboratories

5 SEC. 201. TRANSFER AND DISCHARGE OF FUNCTIONS.

6 (a) DEFINITION.—In this section, the term ‘‘national

7 defense laboratories’’ means—

8 (1) the Lawrence Livermore National Labora9 tory;

10 (2) the Los Alamos National Laboratory; and

11 (3) the Sandia National Laboratories.

12 (b) TRANSFER OF FUNCTIONS.—The functions of the

13 national defense laboratories are transferred to the Under

14 Secretary of Defense for Defense Nuclear Programs under

15 title V of this Act (relating to national security and envi16 ronmental management programs of the Department of

17 Energy), who shall carry out such functions in accordance

18 with that title through the Defense Nuclear Programs

19 Agency established by that title.

20 Subtitle B—Nondefense Energy

21 Laboratories

22 SEC. 211. DEFINITIONS.

23 In this title:
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1 (1) ACCOUNT.—The term ‘‘Account’’ means the

2 Energy Laboratory Facility Closure Account estab3 lished under section 207(a).

4 (2) BASIC SCIENCE PROGRAM.—The term

5 ‘‘basic science program’’ means a program trans6 ferred to the National Science Foundation under

7 section 108(b).

8 (3) COMMISSION.—The term ‘‘Commission’’

9 means the Energy Laboratory Facilities Commis10 sion.

11 (4) CONGRESSIONAL ENERGY COMMITTEES.—

12 The term ‘‘congressional energy committees’’ means

13 the Committee on Armed Services of the Senate, the

14 Committee on National Security of the House of

15 Representatives, the Committee on Science of the

16 House of Representatives, and the Committee on

17 Energy and Natural Resources of the Senate.

18 (5) NONDEFENSE ENERGY LABORATORY.—The

19 term ‘‘nondefense energy laboratory’’ means the

20 Ames Laboratory, the Argonne National Laboratory,

21 the Bates Linear Accelerator Laboratory, the Bettis

22 Atomic Power Laboratory, the Brookhaven National

23 Laboratory, the Continuous Electron Beam Accel24 erator Facility, the Energy Technology Engineering

25 Center, the Environmental Measurements Labora-
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1 tory, the Fermi National Accelerator Laboratory,

2 the Idaho National Engineering Laboratory, the In3 halation Toxicology Research Institute, the Knolls

4 Atomic Power Laboratory, the Laboratory of

5 Radiobiology and Environmental Health, the Law6 rence Berkeley Laboratory, the Morgantown Energy

7 Technology Center, the National Renewable Energy

8 Laboratory, the New Brunswick Laboratory, the

9 Oak Ridge Institute for Science and Education, the

10 Oak Ridge National Laboratory, the Pacific North11 west Laboratory, the Pittsburgh Energy Technology

12 Center, the Princeton Plasma Physics Laboratory,

13 the Savannah River Ecology Laboratory, the Savan14 nah River Technology Center, the Specific Manufac15 turing Capability Facility, or the Stanford Linear

16 Accelerator Facility.

17 (6) RESOLUTION OF APPROVAL.—The term

18 ‘‘resolution of approval’’ means a joint resolution—

19 (A) that is introduced within the 10-day

20 period beginning on the date on which the Com21 mission transmits the report to the Congress

22 under section 204(f)(4);

23 (B) the title of which is as follows: ‘‘Joint

24 resolution approving the recommendations of

25 the Energy Laboratory Facilities Commission.’’;
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1 (C) that does not have a preamble;

2 (D) the matter after the resolving clause of

3 which is as follows: ‘‘That Congress approves

4 the recommendations of the Energy Laboratory

5 Facilities Commission as submitted on ll’’,

6 the blank space being filled in with the appro7 priate date; and

8 (E) that contains no other matter.

9 SEC. 212. TRANSFER TO NATIONAL SCIENCE FOUNDATION.

10 There are transferred to the National Science Foun11 dation all of the functions of the Secretary relating to the

12 nondefense energy laboratories.

13 SEC. 213. ENERGY LABORATORY FACILITIES COMMISSION.

14 (a) ESTABLISHMENT.—There is established an inde15 pendent commission, to be known as the ‘‘Nondefense En16 ergy Laboratory Commission’’, for the purpose of making

17 recommendations to Congress whether any of the non18 defense energy laboratories or programs at nondefense en19 ergy laboratories or any of the basic science programs

20 should be continued through reconfiguration, transfer, or

21 privatization, rather than being closed in accordance with

22 section 220.

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

24 duties specified for the Commission in this subtitle.

25 (c) APPOINTMENT.—
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1 (1) IN GENERAL.—The Commission shall be

2 composed of 7 members appointed by the President,

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

4 (2) NOMINATIONS.—The President shall trans5 mit to the Senate the nominations for appointment

6 to the Commission not later than 90 days after the

7 date of enactment of this Act.

8 (3) DISQUALIFICATION OF GOVERNMENT EM9 PLOYEES.—An employee of the United States shall

10 not be eligible to serve on the Commission.

11 (4) CONSULTATION.—In selecting persons for

12 nominations for appointments to the Commission,

13 the President shall 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 (5) CHAIRPERSON.—At the time at which the

20 President submits nominations for appointment to

21 the Commission, the President shall designate 1 of

22 the nominees for appointment as Chairperson of the

23 Commission.
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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 a meeting 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) MEMBERS.—Each member of the

12 Commission other than the Chairperson shall be

13 paid at a rate equal to the daily equivalent of

14 the minimum annual rate of basic pay payable

15 for level IV of the Executive Schedule under

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

17 each day (including travel time) during which

18 the member is engaged in the performance of

19 duties of the Commission.

20 (B) CHAIRPERSON.—The Chairperson of

21 the Commission shall be paid for each day re22 ferred to in subparagraph (A) at a rate equal

23 to the daily equivalent of the minimum annual

24 rate of basic pay payable for level III of the Ex-
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1 ecutive Schedule under section 5314 of title 5,

2 United States Code.

3 (2) TRAVEL EXPENSES.—A member of the

4 Commission shall receive travel expenses, including

5 per diem in lieu of subsistence, in accordance with

6 sections 5702 and 5703 of title 5, United States

7 Code.

8 (h) DIRECTOR.—

9 (1) IN GENERAL.—The Commission shall, with10 out regard to section 5311(b) of title 5, United

11 States Code, appoint a Director who—

12 (A) has not served as a civilian employee

13 of the Department of Energy during the 2-year

14 period preceding the date of appointment;

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

16 laboratory of the Department of Energy during

17 the 5-year period preceding the date of appoint18 ment; and

19 (C) has not been an employee of a contrac20 tor operating an energy laboratory of the De21 partment of Energy during the 5-year period

22 preceding the date of appointment.

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

24 rate of basic pay payable for level IV of the Execu-
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1 tive Schedule under section 5315 of title 5, United

2 States Code.

3 (i) STAFF.—

4 (1) APPOINTMENT BY DIRECTOR.—Subject to

5 paragraphs (2) and (3), the Director, with the ap6 proval of the Commission, may appoint and fix the

7 pay of additional personnel.

8 (2) APPLICABILITY OF CERTAIN CIVIL SERVICE

9 LAWS.—The Director may make such appointments

10 without regard to the provisions of title 5, United

11 States Code, governing appointments in the competi12 tive service, and any personnel so appointed may be

13 paid without regard to the provisions of chapter 51

14 and subchapter III of chapter 53 of that title relat15 ing to classification and General Schedule pay rates,

16 except that a person so appointed may not receive

17 pay in excess of the annual rate of basic pay payable

18 for level IV of the Executive Schedule under section

19 5315 of title 5, United States Code.

20 (3) LIMITATIONS.—

21 (A) DOE EMPLOYEES.—Not more than

22 one-third of the personnel employed by or de23 tailed to the Commission shall be persons who

24 were employed by the Department of Energy on
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1 the day before the date of enactment of this

2 Act.

3 (B) LABORATORY EMPLOYEES.—No em4 ployee of a nondefense laboratory or of any

5 other energy laboratory of the Department of

6 Energy or of a contractor that operates an en7 ergy laboratory of the Department of Energy

8 may be detailed to the Commission.

9 (4) SUPPORT FROM OTHER AGENCIES.—At the

10 request of the Director, the head of a Federal agen11 cy may detail any of the personnel of the agency to

12 the Commission to assist the Commission in carry13 ing out its duties.

14 (5) SUPPORT FROM COMPTROLLER GENERAL.—

15 The Comptroller General of the United States shall

16 provide assistance, including the detailing of employ17 ees, to the Commission in accordance with an agree18 ment entered into with the Commission.

19 (j) OTHER AUTHORITY.—

20 (1) TEMPORARY AND INTERMITTENT SERV21 ICES.—The Commission may procure by contract, to

22 the extent that funds are available, the temporary or

23 intermittent services of experts or consultants pursu24 ant to section 3109 of title 5, United States Code.
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1 (2) AUTHORITY TO LEASE SPACE AND ACQUIRE

2 CERTAIN PROPERTY.—

3 (A) IN GENERAL.—The Commission may

4 lease space and acquire personal property to the

5 extent funds are available.

6 (B) RTC PROPERTIES.—To the extent

7 practicable, the Commission shall use suitable

8 real property available under the most recent

9 inventory of real property assets published by

10 the Resolution Trust Corporation under section

11 21A(b)(11)(F) of the Federal Home Loan

12 Bank Act (12 U.S.C. 1441a(b)(11)(F)).

13 (k) FUNDING.—There are authorized to be appro14 priated to the Commission such sums as are necessary to

15 carry out its duties under this subtitle, to remain available

16 until expended.

17 (l) TERMINATION.—The Commission shall terminate

18 on the date that is 45 days after the date on which the

19 Commission submits a final report under section

20 204(f)(4).

21 SEC. 214. PROCEDURE FOR MAKING RECOMMENDATIONS

22 FOR LABORATORY FACILITIES.

23 (a) SELECTION CRITERIA.—In making a rec24 ommendation for the reconfiguration, transfer, or privat25 ization of a nondefense energy laboratory or program at
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1 a nondefense energy laboratory or of a basic science pro2 gram, the Secretary or Administrator and the Commission

3 shall—

4 (1) presume that a nondefense energy labora5 tory or basic science program should be closed un6 less the laboratory performs a function that is essen7 tial to the needs of the United States, particularly

8 a national security need;

9 (2) take into account the recommendations

10 made in the report entitled ‘‘Alternative Fixtures for

11 the Department of Energy Laboratories’’, submitted

12 to the Secretary of Energy in February 1995 (com13 monly known as the ‘‘Galvin Report’’;

14 (3) eliminate duplication of effort by nondefense

15 energy laboratories and basic science programs and

16 reduce overhead costs as a proportion of program

17 benefits distributed through a nondefense energy

18 laboratory or basic science program;

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

20 budget for the nondefense energy laboratories and

21 basic programs;

22 (5) define appropriate missions for each non23 defense energy laboratory and basic science program

24 and ensure that the activities of each such labora-
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1 tory and basic science program are focused on its

2 mission;

3 (6) consider the program costs and program

4 distributions on a State and county basis, including

5 real and personal property costs associated with

6 each nondefense energy laboratory and basic science

7 program considered;

8 (7) consider the number of participants in pro9 grams conducted through a nondefense energy lab10 oratory and basic science program and staff re11 sources engaged in those programs;

12 (8) estimate the cost savings and increases that

13 would accrue through the reconfiguration of non14 defense energy laboratories and basic science pro15 grams;

16 (9) consider the potential of each nondefense

17 energy laboratory and basic science program to gen18 erate revenues or to offset costs; and

19 (10) consider the reconfiguration, transfer, or

20 privatization of nondefense energy laboratories and

21 basic science programs as an alternative to closure.

22 (b) RECOMMENDATIONS.—

23 (1) PUBLICATION AND TRANSMITTAL.—Not

24 later than 90 days after the date of enactment of

25 this Act, the Secretary or Administrator shall pub-
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1 lish in the Federal Register and transmit to the con2 gressional energy committees and the Commission a

3 list of the nondefense energy laboratories and basic

4 science programs that the Secretary or Adminis5 trator recommends for reconfiguration, transfer, and

6 privatization, respectively.

7 (2) SUMMARY OF SELECTION PROCESS.—The

8 Secretary or Administrator shall include with the list

9 under paragraph (1) a summary of the selection

10 process that resulted in the recommendation for

11 each nondefense energy laboratory and basic science

12 program, including a justification for each rec13 ommendation.

14 (c) EQUAL CONSIDERATION OF LABORATORIES.—In

15 considering nondefense energy laboratories and basic

16 science programs for reconfiguration, transfer, or privat17 ization, the Secretary or Administrator shall consider all

18 nondefense energy laboratories and basic science programs

19 equally without regard to whether a nondefense energy

20 laboratory or basic science program has been previously

21 considered or proposed for reconfiguration, transfer, pri22 vatization, or closure by the Secretary of Energy.

23 (d) AVAILABILITY OF INFORMATION.—The Secretary

24 or Administrator shall make available to the Commission

25 and the Comptroller General of the United States all in-
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1 formation used by the Secretary or Administrator in mak2 ing recommendations under this section.

3 (e) INDEPENDENT AUDIT.—

4 (1) REQUEST FOR PROPOSALS.—Not later than

5 30 days after the date of enactment of this Act, the

6 Director of the Office of Management and Budget

7 shall issue a request for proposals for the perform8 ance of an audit under paragraph (3).

9 (2) SUBMISSION OF PROPOSALS.—Proposals

10 shall be due in response to the request for proposals

11 under paragraph (1) on a date specified in the re12 quest for proposals, which shall be a date not later

13 than 60 days after the date of enactment of this

14 Act.

15 (3) CONTRACT.—Not later than 90 days after

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

17 the Office of Management and Budget shall enter

18 into a contract with an independent financial con19 sulting firm for an audit of the nondefense energy

20 laboratories and basic science programs and their

21 programs, facilities, and assets.

22 (4) ASSESSMENT OF COMMERCIAL POTEN23 TIAL.—The audit shall assess the commercial poten24 tial of the nondefense energy laboratories and their

25 programs and of the basic science programs and
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1 make recommendations on how the Government

2 could best realize that potential.

3 (5) SUBMISSION.—The audit shall be completed

4 and submitted to the Commission, the Secretary or

5 Administrator and the congressional energy commit6 tees not later than 270 days after the date of enact7 ment of this Act.

8 (f) REVIEW AND RECOMMENDATIONS BY THE COM9 MISSION.—

10 (1) PUBLIC HEARINGS.—After receiving the

11 recommendations from the Secretary or Adminis12 trator under subsection (b), the Commission shall

13 provide an opportunity for public comment on the

14 recommendations for a 30-day period.

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

16 after the date of enactment of this Act, the Commis17 sion shall publish in the Federal Register an initial

18 report containing the Commission’s findings and

19 conclusions based on a review and analysis of the

20 recommendations made by the Secretary or Adminis21 trator and the audit under subsection (e), including

22 the Commission’s recommendations for reconfigura23 tion, privatization, or closure of each nondefense en24 ergy laboratory.

25 (3) DEVIATION FROM RECOMMENDATIONS.—
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1 (A) IN GENERAL.—In making its rec2 ommendations, the Commission may make

3 changes in any of the recommendations made

4 by the Secretary or Administrator if the Com5 mission determines that the Secretary or Ad6 ministrator deviated substantially from the cri7 teria described in subsection (a) in making rec8 ommendations.

9 (B) JUSTIFICATION.—The Commission

10 shall justify in the report any recommendation

11 made by the Commission that is different from

12 a recommendation made by the Secretary or

13 Administrator.

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

15 period for public comment following publication of

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

17 consideration of such public comments, the Commis18 sion shall, not later than 15 months after the date

19 of enactment of this Act, transmit to the Adminis20 trator and the congressional energy committees a

21 final report containing the recommendations of the

22 Commission.

23 (5) PROVISION OF CERTAIN INFORMATION.—

24 After transmitting the final report under paragraph

25 (4), the Commission shall, promptly at the request
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1 of a member of Congress, provide the member infor2 mation used by the Commission in making rec3 ommendations.

4 (g) ASSISTANCE FROM COMPTROLLER GENERAL.—

5 The Comptroller General of the United States shall—

6 (1) assist the Commission, to the extent re7 quested, in the Commission’s review and analysis of

8 the recommendations made by the Secretary or Ad9 ministrator pursuant to subsection (b); and

10 (2) not later than 30 days after the date of

11 transmittal of the final report under section

12 204(f)(4), transmit to the congressional energy com13 mittees and to the Commission a report containing

14 a detailed analysis of the recommendations of the

15 Secretary or Administrator and the selection proc16 ess.

17 SEC. 215. FAST TRACK CONGRESSIONAL CONSIDERATION

18 OF COMMISSION REPORT.

19 (a) REFERRAL.—

20 (1) HOUSE.—A resolution of approval that is

21 introduced in the House of Representatives shall be

22 referred to the Committee on National Security and

23 the Committee on Science of the House of Rep24 resentatives.
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1 (2) SENATE.—A resolution of approval that is

2 introduced in the Senate shall be referred to the

3 Committee on Armed Services and the Committee on

4 Energy and Natural Resources of the Senate.

5 (b) DISCHARGE.—If the committee to which a resolu6 tion of approval is referred has not reported the resolution

7 of approval by the end of the 20-day period beginning on

8 the date on which the Commission transmits the report

9 to Congress under section 204(f)(4), the committee shall,

10 at the end of that period, be discharged from further con11 sideration of the resolution of approval, and the resolution

12 of approval shall be placed on the appropriate calendar

13 of the House of Representatives or the Senate, as the case

14 may be.

15 (c) CONSIDERATION.—

16 (1) MOTION TO PROCEED TO CONSIDER17 ATION.—

18 (A) MOTION IN ORDER.—On or after the

19 third day after the date on which the committee

20 to which a resolution of approval is referred has

21 reported, or has been discharged (under sub22 section (b)) from further consideration of, the

23 resolution of approval, it is in order (even

24 though a previous motion to the same effect has

25 been disagreed to) for any member of the
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1 House of Representatives or the Senate, respec2 tively, to move to proceed to the consideration

3 of the resolution of approval (but only on the

4 date after the calendar day on which the mem5 ber announces to the House of Congress con6 cerned the member’s intention to do so).

7 (B) WAIVER OF POINTS OF ORDER.—All

8 points of order against a resolution of approval

9 (and against consideration of the resolution of

10 approval) are waived.

11 (C) PRIVILEGE.—A motion to proceed to

12 the consideration of a resolution of approval is

13 highly privileged in the House of Representa14 tives and is privileged in the Senate and is not

15 debatable.

16 (D) NO AMENDMENT OR POSTPONE17 MENT.—A motion described in subparagraph

18 (C) is not subject to amendment, to a motion

19 to postpone consideration of the resolution of

20 approval, or to a motion to proceed to the con21 sideration of other business.

22 (E) NO MOTION TO RECONSIDER.—A mo23 tion to reconsider the vote by which a motion

24 described in subparagraph (C) is agreed to or

25 not agreed to shall not be in order.
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1 (F) CONSIDERATION.—If a motion de2 scribed in subparagraph (C) is agreed to, the

3 House of Representatives or the Senate, as the

4 case may be, shall immediately proceed to con5 sideration of the resolution of approval without

6 intervening motion, order, or other business,

7 and the resolution of approval shall remain the

8 unfinished business of the House of Represent9 atives or the Senate, as the case may be, until

10 disposed of.

11 (2) DEBATE.—

12 (A) TIME.—Debate on a resolution of ap13 proval and on all debatable motions and appeals

14 in connection with a resolution of approval shall

15 be limited to not more than 2 hours, which

16 shall be divided equally between those favoring

17 and those opposing the resolution of approval.

18 (B) NO AMENDMENT.—No amendment to

19 a resolution of approval is in order, except an

20 amendment that strikes a recommendation that

21 a nondefense energy laboratory or basic science

22 program be reconfigured, transferred, or

23 privatized.
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1 (C) MOTION TO LIMIT DEBATE.—A motion

2 further to limit debate on a resolution of ap3 proval is in order and not debatable.

4 (D) NO MOTION TO POSTPONE.—A motion

5 to postpone consideration of a resolution of ap6 proval, a motion to proceed to the consideration

7 of other business, or a motion to recommit the

8 resolution of approval is not in order.

9 (E) NO MOTION TO RECONSIDER.—A mo10 tion to reconsider the vote by which a resolution

11 of approval is agreed to or not agreed to is not

12 in order.

13 (3) VOTE ON FINAL PASSAGE.—Immediately

14 following the conclusion of the debate on a resolu15 tion of approval and a single quorum call at the con16 clusion of the debate if requested in accordance with

17 the rules of the House of Representatives or the

18 Senate, as the case may be, the vote on final passage

19 of the resolution of approval shall occur.

20 (4) APPEALS FROM DECISION OF CHAIR.—Ap21 peals from the decisions of the Chair relating to the

22 application of the rules of the House of Representa23 tives or of the Senate, as the case may be, to the

24 procedure relating to a resolution of approval shall

25 be decided without debate.
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1 (d) CONSIDERATION BY OTHER HOUSE.—

2 (1) PROCEDURE.—If, before the passage by one

3 House of Congress of a resolution of approval that

4 was introduced in that House, that House receives

5 from the other House a resolution of approval—

6 (A) the resolution of approval of the other

7 House shall not be referred to a committee and

8 may not be considered in the House that re9 ceives it otherwise than on final passage under

10 subparagraph (B)(ii); and

11 (B)(i) the procedure in the House that re12 ceives such a resolution of approval with respect

13 to the resolution of approval that was intro14 duced in that House shall be the same as if no

15 resolution of approval had been received from

16 the other House; but

17 (ii) the vote on final passage shall be on

18 the resolution of approval of the other House.

19 (2) NO CONSIDERATION.—On disposition of a

20 resolution of approval that is received by one House

21 from the other House, it shall no longer be in order

22 to consider such a resolution of approval that was

23 introduced in the receiving House.

24 (e) RULES OF THE HOUSE OF REPRESENTATIVES

25 AND SENATE.—This section is enacted by Congress—
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1 (1) as an exercise of the rulemaking power of

2 the House of Representatives and Senate, respec3 tively, and is deemed to be part of the rules of each

4 House, respectively, but applicable only with respect

5 to the procedure to be followed in that House in the

6 case of a resolution of approval, and it supersedes

7 other rules only to the extent that it is inconsistent

8 with those rules; and

9 (2) with full recognition of the constitutional

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

11 they relate to the procedure of that House) at any

12 time, in the same manner, and to the same extent

13 as in the case of any other rule of that House.

14 SEC. 216. CLOSURE, RECONFIGURATION, TRANSFER, AND

15 PRIVATIZATION OF ENERGY LABORATORIES.

16 Subject to subsection (b), the President shall—

17 (1) not later than 1 year after the date of the

18 transmittal of the final report under section

19 204(f)(4), close all nondefense energy laboratories

20 and basic science programs except those that the

21 Commission report recommends for reconfiguration,

22 transfer, or privatization;

23 (2) not later than 1 year after the date of the

24 transmittal of the final report under section

25 204(f)(4), close all nondefense energy laboratories
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1 and basic science programs that the Commission re2 port recommends for reconfiguration or transfer, un3 less Congress has enacted a resolution of approval

4 approving a reconfiguration or transfer, in which

5 case the President shall effect the reconfiguration or

6 transfer not later than 180 days after the date of

7 the resolution of approval; and

8 (3) not later than 18 months after the date of

9 the transmittal of the final report under section

10 204(f)(4), close all nondefense energy laboratories

11 and basic science programs that the Commission re12 port recommends for privatization, unless Congress

13 has enacted a resolution of approval approving the

14 privatization, in which case the President shall effect

15 the privatization not later than 180 days after the

16 date of the resolution of approval.

17 SEC. 217. IMPLEMENTATION OF CLOSURE, RECONFIGURA18 TION, TRANSFER, AND PRIVATIZATION AC19 TIONS.

20 (a) IMPLEMENTATION.—

21 (1) IN GENERAL.—In closing, reconfiguring,

22 transferring, or privatizing a nondefense energy lab23 oratory or basic science program under this title, the

24 President shall—
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1 (A) take such actions as are necessary to

2 close, reconfigure, transfer, or privatize the

3 nondefense energy laboratory or basic science

4 program;

5 (B) take such steps as are necessary to en6 sure the safekeeping of all records stored at the

7 nondefense energy laboratory or basic science

8 program; and

9 (C) direct the reimbursement of Federal

10 agencies for actions performed at the request of

11 the President with respect to any such closure,

12 reconfiguration, transfer, or privatization using

13 funds in the Account or funds appropriated to

14 the Department of Energy and available for

15 that purpose.

16 (2) FUNDING.—In carrying out activities re17 ferred to in paragraph (1), the Secretary or Admin18 istrator may use funds in the Energy Laboratory

19 Facility Closure Account established under section

20 218(a) or funds appropriated to the Department of

21 Energy or the Agency and available for the purpose.

22 (b) MANAGEMENT AND DISPOSAL OF PROPERTY.—

23 (1) IN GENERAL.—The Administrator of Gen24 eral Services shall delegate to the Secretary or Ad25 ministrator, with respect to excess and surplus real
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1 property and facilities located at a nondefense en2 ergy laboratory or basic science program that is

3 closed, reconfigured, transferred, or privatized under

4 this title, authority—

5 (A) to utilize excess property under section

6 202 of the Federal Property and Administrative

7 Services Act of 1949 (40 U.S.C. 483);

8 (B) to dispose of surplus property under

9 section 203 of that Act (40 U.S.C. 484);

10 (C) to grant approvals and make deter11 minations under section 13(g) of the Surplus

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

13 1622(g)); and

14 (D) to determine the availability of excess

15 or surplus real property for wildlife conserva16 tion purposes in accordance with the Act of

17 May 19, 1948 (16 U.S.C. 667b).

18 (2) EXERCISE OF AUTHORITY.—

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

21 exercise the authority delegated to the Sec22 retary or Administrator under paragraph (1) in

23 accordance with all regulations in effect on the

24 date of enactment of this Act governing—
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1 (i) the utilization of excess property

2 and the disposal of surplus property under

3 the Federal Property and Administrative

4 Services Act of 1949 (40 U.S.C. 471 et

5 seq.); and

6 (ii) the conveyance and disposal of

7 property under section 13(g) of the Sur8 plus Property Act of 1944 (50 U.S.C. App.

9 1622(g)).

10 (B) REGULATIONS.—The Secretary or Ad11 ministrator, after consulting with the Adminis12 trator of General Services, may issue regula13 tions that are necessary to carry out the delega14 tion of authority under paragraph (1).

15 (C) LIMITATION.—The authority required

16 to be delegated by paragraph (1) to the Sec17 retary or Administrator by the Administrator of

18 General Services does not include the authority

19 to prescribe general policies and methods for

20 utilizing excess property and disposing of sur21 plus property.

22 (c) WAIVER.—The President may close, reconfigure,

23 transfer, or privatize a nondefense energy laboratory or

24 basic science program under this subtitle without regard

25 to any law restricting the use of funds for reconfiguring,
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1 transferring, privatizing, or closing energy laboratories or

2 basic science programs included in any appropriations or

3 authorization Act.

4 SEC. 218. ACCOUNT.

5 (a) ESTABLISHMENT.—There is established in the

6 Treasury of the United States an account to be known

7 as the ‘‘Energy Laboratory Facility Closure Account’’,

8 which shall be administered by the Secretary or Adminis9 trator as a single account.

10 (b) CONTENT OF ACCOUNT.—There shall be depos11 ited in the Account—

12 (1) funds authorized for and appropriated to

13 the Account; and

14 (2) any funds that the President or the Sec15 retary or Administrator may, subject to approval in

16 an appropriation Act, transfer to the Account from

17 funds appropriated to the Department of Energy for

18 any purpose, except that such funds may be trans19 ferred only after the date on which the President or

20 the Secretary or Administrator transmits written no21 tice of, and justification for, such transfer to the

22 congressional energy committees.

23 (c) USE OF FUNDS.—The President or the Secretary

24 or Administrator may use the funds in the Account only

25 for the purposes described in section 217(a).
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1 (d) REPORTS.—

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

3 the end of each fiscal year in which the President or

4 the Secretary or Administrator carries out activities

5 under this title, the President or the Secretary or

6 Administrator shall transmit a report to the congres7 sional energy committees of the amount and nature

8 of the deposits into, and the expenditures from, the

9 Account during the fiscal year and of the amount

10 and nature of other expenditures made pursuant to

11 section 204(a) during such fiscal year.

12 (2) UNOBLIGATED FUNDS.—Unobligated funds

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

14 SEC. 219. REPORTS ON IMPLEMENTATION.

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

16 which the President or the Secretary or Administrator is

17 authorized to carry out activities under this subtitle, the

18 President shall transmit to the congressional energy com19 mittees—

20 (1) a schedule of the closure, reconfiguration,

21 transfer, and privatization actions to be carried out

22 under this subtitle in the fiscal year for which the

23 request is made and an estimate of the total expend24 itures required and cost savings to be achieved by

25 each such closure, reconfiguration, transfer, and pri-
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1 vatization and of the time period in which the sav2 ings are to be achieved in each case; and

3 (2) a description of the energy laboratories to

4 which functions are to be transferred as a result of

5 such closures, reconfigurations, transfers, and

6 privatizations.

7 TITLE III—POWER MARKETING

8 ADMINISTRATIONS

9 SEC. 301. FINDINGS.

10 Congress finds that—

11 (1) the Federal power marketing administra12 tions have served over the years to help bring elec13 tricity to many areas of the Nation;

14 (2) the receipt of transmission access by all

15 parties resulting from the amendments to section

16 212 of the Federal Power Act (16 U.S.C. 824k)

17 made by section 722 of the Energy Policy Act of

18 1992 (106 Stat. 2916) allows wholesale customers to

19 purchase power from numerous sources;

20 (3) in fairness to longtime consumers of the

21 power marketing administrations, any changes to

22 the current operations of the power marketing ad23 ministrations should consider the impact on those

24 customers and provide an opportunity for those cus25 tomers to contribute their expertise in the process.
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1 SEC. 302. DEFINITIONS.

2 In this title, the term ‘‘power marketing administra3 tion’’ means—

4 (1) the Bonneville Power Administration;

5 (2) the Southeastern Power Administration;

6 (3) the Southwestern Power Administration;

7 and

8 (4) the Western Area Power Administration.

9 SEC. 303. TRANSFER TO ARMY CORPS OF ENGINEERS.

10 (a) TRANSFER OF FUNCTIONS.—There are trans11 ferred to the Secretary of the Army, acting through the

12 Chief of Engineers of the Army Corps of Engineers, all

13 of the functions of—

14 (1) the Administrator of the Bonneville Power

15 Administration;

16 (2) the Administrator of the Southeastern

17 Power Administration;

18 (3) the Administrator of the Southwestern

19 Power Administration; and

20 (4) the Administrator of the Western Area

21 Power Administration.

22 (b) STUDY AND RECOMMENDATIONS BY THE COMP23 TROLLER GENERAL.—Not later than 1 year after the date

24 of enactment of this Act, the Comptroller General of the

25 United States shall—
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1 (1) perform a study of each power marketing

2 administration that recognizes the uniqueness of

3 each power marketing administration; and

4 (2) submit to Congress a comprehensive report

5 that—

6 (A) catalogues the assets and liabilities of

7 each power marketing administration, including

8 any unrealized obligations to contribute funds

9 or deliver electric power for purposes estab10 lished under law in effect on the date of enact11 ment of this Act;

12 (B) considers all reasonable options for re13 structuring of the power marketing administra14 tions;

15 (C) considers how best to protect the eco16 nomic interests of current customers of the

17 power marketing administrations while protect18 ing the taxpayers; and

19 (D) makes recommendations to Congress

20 for the final disposition of the power marketing

21 administrations.

22 (c) CURRENT CUSTOMER CONTRACTS.—It is the in23 tent of Congress that—

24 (1) under any final disposition of the power

25 marketing administration that Congress may ap-
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1 prove, any purchaser of facilities shall be required to

2 maintain any contracts with customers that, as of

3 the effective date, are in force for the remaining life

4 of the contracts; and

5 (2) any sales of facilities shall be effectuated in

6 a manner that minimizes the impact on the ultimate

7 ratepayers.

8 TITLE IV—TRANSFER AND

9 DISPOSAL OF RESERVES

10 Subtitle A—Strategic Petroleum

11 Reserve

12 SEC. 401. STRATEGIC PETROLEUM RESERVE.

13 (a) DEFINITION.—In this section, the term ‘‘Strate14 gic Petroleum Reserve’’ means petroleum products stored

15 in storage facilities pursuant to part B of title I of the

16 Energy Policy and Conservation Act (42 U.S.C. 6231 et

17 seq.), including the Industrial Petroleum Reserve, the

18 Early Storage Reserve, and the Regional Petroleum Re19 serve.

20 (b) TRANSFER OF FUNCTIONS.—There are trans21 ferred to the Secretary of Defense all functions performed

22 by the Secretary of Energy with respect to the Strategic

23 Petroleum Reserve on the date before the date of the en24 actment of this Act.

25 (c) PLAN FOR DISPOSAL OF RESERVE.—
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1 (1) SUBMISSION TO CONGRESS.—Not later than

2 180 days after the date of enactment of this Act, the

3 Secretary of Defense shall submit to Congress a

4 plan for the disposal of the Strategic Petroleum Re5 serve (other than the portions of the reserve that the

6 Secretary proposes to retain in order to meet the na7 tional security interests of the United States).

8 (2) DEADLINE.—The plan under paragraph (1)

9 shall provide for the disposal of the reserve not later

10 than 3 years after the date of the enactment of this

11 Act.

12 (3) CONTENTS.—The plan shall contain—

13 (A) an assessment of the volume of petro14 leum products in the Strategic Petroleum Re15 serve (other than the reserves held at Weeks Is16 land, Louisiana) that the Secretary of Defense

17 proposes to retain in order to meet the national

18 security interests of the United States;

19 (B) a list of the storage facilities (includ20 ing the storage facilities of the Strategic Petro21 leum Reserve, if appropriate) at which such pe22 troleum products will be retained, and the vol23 ume of petroleum products that will be retained

24 at each storage facility;
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1 (C) a proposal for the disposal of the pe2 troleum products in the Strategic Petroleum

3 Reserve on the date of enactment of this Act

4 that will not be retained, including a detailed

5 schedule for the disposal of such petroleum

6 products; and

7 (D) a plan for the disposal of the reserves

8 held at Weeks Island, Louisiana.

9 (d) GAO REPORT.—Not later than 90 days after the

10 date on which the Secretary of Defense submits the plan

11 under subsection (c), the Comptroller General of the

12 United States shall submit to Congress a study that—

13 (1) examines whether the plan provides for the

14 disposal of any portions of the Strategic Petroleum

15 Reserve that may be needed to be retained in order

16 to ensure that the national security interests of the

17 United States are met; and

18 (2) sets forth the costs of retaining portions of

19 the Strategic Petroleum Reserve that should be re20 tained.

21 (e) IMPLEMENTATION OF PLAN.—The Secretary

22 shall carry out the plan under subsection (c) not later than

23 3 years after the date of enactment of this Act.
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1 Subtitle B—Naval Petroleum

2 Reserves

3 SEC. 411. NAVAL PETROLEUM RESERVES.

4 (a) DEFINITION.—For purposes of this section, the

5 term ‘‘naval petroleum reserves’’ has the meaning given

6 that term in section 7420(2) of title 10, United States

7 Code, except that the term does not include Naval Petro8 leum Reserve Numbered 1 (Elk Hills).

9 (b) TRANSFER OF FUNCTIONS.—There are trans10 ferred to the Administrator of the Energy Programs Reso11 lution Agency all functions performed with respect to the

12 naval petroleum reserves.

13 (c) DISPOSAL OF RESERVES.—

14 (1) DISPOSAL WITHIN 1 YEAR.—The Adminis15 trator shall, to the maximum extent practicable, take

16 appropriate actions to carry out the disposal of the

17 reserves of the naval petroleum reserves not later

18 than 1 year after the date of enactment of this Act.

19 (2) JOINT PLAN.—The Administrator shall

20 carry out the disposal in accordance with a plan

21 jointly developed by the Administrator, the Secretary

22 of the Interior, and the Secretary of the Army.

23 (d) TRANSFER OF REMAINING RESERVES.—At the

24 end of the 1-year period beginning on the date of enact25 ment of this Act, the Administrator shall transfer to the
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1 Secretary of the Interior all functions performed by the

2 Administrator with respect to the portions of the naval

3 petroleum reserves that are not disposed of by the Admin4 istrator under subsection (c) during that period.

5 (e) CONFORMING AMENDMENTS.—(1)(A) Chapter

6 641 of title 10, United States Code, is repealed.

7 (B) The table of chapters at the beginning of subtitle

8 C of title 10, United States Code, and at the beginning

9 of part IV of that subtitle, are each amended by striking

10 the item relating to chapter 641.

11 (2) The amendments made by paragraph (1) shall

12 take effect 1 year after the date of enactment of this Act.

13 TITLE V—NATIONAL SECURITY

14 AND ENVIRONMENTAL MAN15 AGEMENT PROGRAMS

16 SEC. 501. ESTABLISHMENT AND ORGANIZATION OF DE17 FENSE NUCLEAR PROGRAMS AGENCY.

18 (a) ESTABLISHMENT OF DEFENSE NUCLEAR PRO19 GRAMS AGENCY.—

20 (1) DEFINITION.—In this subsection, the term

21 ‘‘defense nuclear programs matters’’ means matters

22 related to the military use of nuclear energy and nu23 clear weapons, including all such matters that were

24 under the jurisdiction of the following entities on the

25 day before the date of enactment of this Act:
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1 (A) The Department of Energy.

2 (B) The Defense Nuclear Agency of the

3 Department of Defense.

4 (C) The Defense Nuclear Facilities Safety

5 Board.

6 (2) ESTABLISHMENT.—There is established in

7 the Department of Defense an agency to be known

8 as the Defense Nuclear Programs Agency, which

9 shall have primary responsibility within the Govern10 ment for defense nuclear program matters.

11 (b) UNDER SECRETARY.—Chapter 4 of title 10,

12 United States Code, is amended by inserting after section

13 133a the following:

14 ‘‘§ 133b. Under Secretary of Defense for Defense Nu15 clear Programs

16 ‘‘(a) There is an Under Secretary of Defense for De17 fense Nuclear Programs, appointed from civilian life by

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

19 Senate.

20 ‘‘(b) The Under Secretary of Defense for Defense

21 Nuclear Programs shall serve as the principal adviser to

22 the President and the Secretary of Defense on all pro23 grams and matters related to the military use of nuclear

24 energy and nuclear weapons.
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1 ‘‘(c) Subject to the authority, direction, and control

2 of the Secretary of Defense, the Under Secretary of De3 fense for Defense Nuclear Programs shall have primary

4 responsibility within the Government for the programs and

5 matters referred to in subsection (b).

6 ‘‘(d) The Under Secretary of Defense for Defense

7 Nuclear Programs takes precedence in the Department of

8 Defense after the Under Secretary of Defense for Acquisi9 tion and Technology.’’.

10 (c) DEPUTY UNDER SECRETARY.—Chapter 4 of title

11 10, United States Code, as amended by subsection (b),

12 is amended by inserting after section 133b the following:

13 ‘‘§ 133c. Deputy Under Secretary of Defense for De14 fense Nuclear Programs

15 ‘‘(a) There is a Deputy Under Secretary of Defense

16 for Defense Nuclear Programs, appointed from civilian life

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

18 the Senate.

19 ‘‘(b) The Deputy Under Secretary shall assist the

20 Under Secretary of Defense for Defense Nuclear Pro21 grams in the performance of his duties. The Deputy

22 Under Secretary of Defense for Defense Nuclear Pro23 grams shall act for, and exercise the powers of, the Under

24 Secretary when the Under Secretary is absent or dis25 abled.’’.
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1 (d) ASSISTANT SECRETARIES.—Section 138 of title

2 10, United States Code, is amended—

3 (1) in subsection (a), by striking ‘‘eleven’’ and

4 inserting ‘‘fifteen’’; and

5 (2) by adding at the end of subsection (c) the

6 following:

7 ‘‘(6) One of the Assistant Secretaries shall be the As8 sistant Secretary for Defense Nuclear Weapons Facilities

9 Restoration who shall have as his principal duty the over10 all supervision of environmental restoration of defense nu11 clear weapons facilities.

12 ‘‘(7) One of the Assistant Secretaries shall be the As13 sistant Secretary for Defense Nuclear Laboratories who

14 shall have as his principal duty the overall supervision of

15 the oversight of the functions and budgets of the Sandia

16 National Laboratories, the Los Alamos National Labora17 tory, and the Lawrence Livermore National Laboratory.’’.

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

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

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

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

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

3 Under Secretary of Defense for Defense Nuclear Pro4 grams. The General Counsel shall be the chief legal officer

5 for all legal matters arising from the conduct of the func6 tions of the Agency.

7 (g) CONFORMING AMENDMENTS.—(1) Section 134(c)

8 of title 10, United States Code, is amended by inserting

9 ‘‘the Under Secretary of Defense for Defense Nuclear Pro10 grams,’’ after ‘‘the Under Secretary of Defense for Acqui11 sition and Technology,’’.

12 (2) The table of sections at the beginning of chapter

13 4 of such title is amended by inserting after the item relat14 ing to section 133a the following new items:

‘‘133b. Under Secretary of Defense for Defense Nuclear Programs.

‘‘133c. Deputy Under Secretary of Defense for Defense Nuclear Programs.’’.

15 SEC. 502. FUNCTIONS OF DEFENSE NUCLEAR PROGRAMS

16 AGENCY.

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

18 Nuclear Programs shall be responsible for the exercise of

19 all powers and the discharge of all duties of the Defense

20 Nuclear Programs Agency established under section 501.

21 (b) TRANSFERRED FUNCTIONS.—The Under Sec22 retary for Defense Nuclear Programs shall carry out all

23 functions transferred to the Under Secretary under sec24 tion 503.
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1 (c) STAFF DIRECTOR OF NUCLEAR WEAPONS COUN2 CIL.—Paragraph (2) of section 179(c) of title 10, United

3 States Code, is amended to read as follows:

4 ‘‘(2) The Under Secretary for Defense Nuclear Pro5 grams shall be the Staff Director of the Council.’’.

6 SEC. 503. TRANSFERS OF FUNCTIONS.

7 (a) DEPARTMENT OF ENERGY.—

8 (1) NATIONAL SECURITY FUNCTIONS.—There

9 are transferred to the Under Secretary for Defense

10 Nuclear Programs all functions performed by the

11 Department of Energy on the day before the date of

12 enactment of this Act relating to the national secu13 rity functions of the Department, including defense,

14 nonproliferation, and defense-related environmental

15 management programs.

16 (2) OVERSIGHT FUNCTIONS.—There are trans17 ferred to the Under Secretary for Defense Nuclear

18 Programs all functions performed by the Depart19 ment of Energy on the day before the date of enact20 ment of this Act relating to the oversight of the de21 fense and nondefense functions and budgets of the

22 following energy laboratories:

23 (A) Sandia National Laboratories, Albu24 querque, New Mexico, and Livermore, Califor25 nia.
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1 (B) Los Alamos National Laboratory, Los

2 Alamos, New Mexico.

3 (C) Lawrence Livermore National Labora4 tory, California.

5 (b) DEFENSE NUCLEAR AGENCY.—There are trans6 ferred to the Under Secretary for Defense Nuclear Pro7 grams all functions performed by the Defense Nuclear

8 Agency of the Department of Defense on the day before

9 the date of enactment of this Act relating to nuclear weap10 ons systems.

11 (c) DEFENSE NUCLEAR FACILITIES SAFETY

12 BOARD.—There are transferred to the Under Secretary

13 for Defense Nuclear Programs all functions performed by

14 the Defense Nuclear Facilities Safety Board on the day

15 before the date of enactment of this Act.

16 (d) OTHER NUCLEAR WEAPONS-RELATED FUNC17 TIONS.—The Secretary of Defense may transfer to the

18 Under Secretary for Defense Nuclear Programs such

19 other functions performed in the Department of Defense

20 on the day before the date of enactment of this Act relat21 ing to nuclear weapons as the Secretary considers appro22 priate.

23 (e) CONFORMING REPEALS.—
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1 (1) ASSISTANT TO THE SECRETARY OF DE2 FENSE FOR ATOMIC ENERGY.—(A) Section 141 of

3 title 10, United States Code, is repealed.

4 (B) The table of sections at the beginning of

5 chapter 4 of title 10, United States Code, is amend6 ed by striking the item relating to section 141.

7 (2) DEFENSE NUCLEAR FACILITIES SAFETY

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

9 1954 (42 U.S.C. 2286) is repealed.

10 (3) REFERENCES.—Any reference to the Assist11 ant Secretary of Defense for Atomic Energy or the

12 Defense Nuclear Facilities Safety Board in any law

13 or in any rule, regulation, or other paper of the

14 United States shall be treated as a reference to the

15 Under Secretary for Defense Nuclear Programs.

16 SEC. 504. LIMITATION ON TRANSFERS OF FUNDS.

17 (a) APPROPRIATIONS TO THE DEFENSE NUCLEAR

18 PROGRAMS AGENCY.—No amount appropriated to the De19 fense Nuclear Programs Agency may be transferred to any

20 other account (other than another account of the Defense

21 Nuclear Programs Agency) unless the transfer of such

22 amount to such account is specifically authorized by law.

23 (b) OTHER APPROPRIATIONS.—No amount appro24 priated to the Department of Defense or another depart25 ment or agency may be transferred to the Under Secretary
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1 for Defense Nuclear Programs or to an account for the

2 Agency unless the transfer of the amount to that account

3 is specifically authorized by law.

4 SEC. 505. TRANSITION PROVISIONS.

5 (a) EXERCISE OF AUTHORITIES.—Except as other6 wise provided by law, the Under Secretary for Defense

7 Nuclear Programs may, for purposes of performing a

8 function that is transferred to the Under Secretary by this

9 Act, exercise all authorities under any other provision of

10 law that were available with respect to the performance

11 of that function to the official responsible for the perform12 ance of that function on the day before the date of enact13 ment of this Act.

14 (b) AUTHORITIES TO WIND UP AFFAIRS.—

15 (1) IN GENERAL.—

16 (A) DIRECTOR OF OMB.—The Director of

17 the Office of Management and Budget may

18 take such actions as the Director considers nec19 essary to wind up any outstanding affairs of—

20 (i) the Department of Energy associ21 ated with the functions that are trans22 ferred under to section 503(a); and

23 (ii) the Defense Nuclear Facilities

24 Safety Board.
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1 (B) SECRETARY OF DEFENSE.—The Sec2 retary of Defense may take such actions as the

3 Secretary considers necessary to wind up any

4 outstanding affairs of the Defense Nuclear

5 Agency associated with the functions that are

6 transferred under section 503(b), any outstand7 ing affairs of the Department of Defense asso8 ciated with any functions that may be trans9 ferred under section 503(d), and any outstand10 ing affairs of the Assistant to the Secretary of

11 Defense for Atomic Energy.

12 (C) SECRETARY OF THE NAVY.—The Sec13 retary of the Navy may take such actions as the

14 Secretary considers necessary to wind up any

15 outstanding affairs of the Strategic Systems

16 Programs of the Department of the Navy asso17 ciated with the functions that are transferred

18 under section 503(c).

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

20 personnel, property, records, and unexpended bal21 ances of appropriations, allocations, and other funds

22 employed, used, held, available, or to be made avail23 able in connection with a function transferred to the

24 Under Secretary for Defense Nuclear Programs by
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1 this Act are transferred to the Under Secretary for

2 use in connection with the functions transferred.

3 (3) FURTHER MEASURES AND DISPOSITIONS.—

4 Such further measures and dispositions as the Presi5 dent considers necessary to effectuate the transfers

6 referred to under section 503(b) shall be carried out

7 in such manner as the President directs and by the

8 heads of such agencies as the President designates.

9 SEC. 506. TECHNICAL AND CONFORMING AMENDMENTS.

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

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

12 amended—

13 (1) in paragraph (1) by inserting after ‘‘Inter14 national Development,’’ the following: ‘‘the Defense

15 Nuclear Programs Agency,’’; and

16 (2) in paragraph (2) by striking ‘‘or the Social

17 Security Administration;’’ and inserting in lieu

18 thereof ‘‘the Social Security Administration, or the

19 Defense Nuclear Programs Agency;’’.

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

21 title 5, United States Code, is amended by inserting after

22 the item relating to the Under Secretary of Defense for

23 Acquisition and Technology the following:

24 ‘‘Under Secretary of Defense for Defense Nu25 clear Programs.’’.
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1 (2) Section 5314 of title 5, United States Code, is

2 amended by inserting after the item relating to the Deputy

3 Under Secretary of Defense for Acquisition and Tech4 nology the following:

5 ‘‘Deputy Under Secretary of Defense for De6 fense Nuclear Programs.’’.

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

8 amended by striking out the item relating to the Assistant

9 Secretaries of Defense and inserting in lieu thereof the

10 following:

11 ‘‘Assistant Secretaries of Defense (15).’’.

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

13 amended by inserting after the item relating to the Deputy

14 General Counsel of the Department of Defense the follow15 ing:

16 ‘‘General Counsel of the Defense Nuclear Pro17 grams Agency.’’.

18 SEC. 507. EFFECTIVE DATE AND TRANSITION PERIOD.

19 (a) EFFECTIVE DATE.—Except as provided in sub20 section (b), this title shall take effect on the date of enact21 ment of this Act.

22 (b) DELAYED EFFECTIVE DATE FOR ESTABLISH23 MENT OF AGENCY AND TRANSFERS OF FUNCTIONS.—

24 Section 501(a) and section 503 shall take effect on the

25 date that is year after the date of enactment of this Act.
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1 (c) TRANSITION PERIOD.—The Secretary of Defense,

2 the Secretary of Energy, the Assistant to the Secretary

3 of Defense for Atomic Energy, and the Defense Nuclear

4 Facilities Safety Board shall, beginning as soon as prac5 ticable after the date of enactment of this Act, plan for

6 the orderly establishment of, and transfer of functions to,

7 the Defense Nuclear Programs Agency under this Act.

8 (d) APPOINTMENT AUTHORITY.—The President may

9 make appointments under section 501 notwithstanding the

10 delayed effective date under subsection (b) for the estab11 lishment of the Defense Nuclear Programs Agency.

12 TITLE VI—ENVIRONMENTAL

13 RESTORATION ACTIVITIES AT

14 DEFENSE NUCLEAR FACILI15 TIES

16 SEC. 601. ENVIRONMENTAL RESTORATION ACTIVITIES AT

17 DEFENSE NUCLEAR FACILITIES.

18 The Comprehensive Environmental Response, Com19 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et

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

21 title:
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1 ‘‘TITLE IV—ENVIRONMENTAL

2 RESTORATION ACTIVITIES AT

3 DEFENSE NUCLEAR FACILI4 TIES

5 ‘‘Subtitle A—General Provisions

6 ‘‘SEC. 401. APPLICABILITY.

7 ‘‘Notwithstanding section 120, this title shall apply

8 with respect to selection of remedial actions at defense nu9 clear facilities.

10 ‘‘SEC. 402. DEFINITIONS.

11 ‘‘In this title:

12 ‘‘(1) DEFENSE NUCLEAR FACILITY.—The term

13 ‘defense nuclear facility’ means—

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

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

17 2014)) that is under the control or jurisdiction

18 of the Under Secretary of Defense for Defense

19 Nuclear Programs and that is operated for na20 tional security purposes (including the tritium

21 loading facility at Savannah River, South Caro22 lina, the 236 H facility at Savannah River,

23 South Carolina, and the Mound Laboratory,

24 Ohio), but the term does not include any facil25 ity that does not conduct atomic energy defense
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1 activities and does not include any facility or

2 activity covered by Executive Order Number

3 12344, dated February 1, 1982, pertaining to

4 the naval nuclear propulsion program;

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

6 facility that is under the control or jurisdiction

7 of the Under Secretary of Defense for Defense

8 Nuclear Programs;

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

10 under the control or jurisdiction of the Under

11 Secretary of Defense for Defense Nuclear Pro12 grams and that is operated for national security

13 purposes (including the Nevada Test Site, Ne14 vada, the Pinnellas Plant, Florida, and the

15 Pantex facility, Texas);

16 ‘‘(D) an atomic weapons research facility

17 that is under the control or jurisdiction of the

18 Under Secretary of Defense for Defense Nu19 clear Programs (including the Lawrence Liver20 more, Los Alamos, and Sandia National Lab21 oratories); or

22 ‘‘(E) a facility described in subparagraphs

23 (A) through (D) that—

24 ‘‘(i) is no longer in operation;
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1 ‘‘(ii) was under the control or jurisdic2 tion of the Department of Defense, the

3 Atomic Energy Commission, the Energy

4 Research and Development Administration,

5 or the Department of Energy; and

6 ‘‘(iii) was operated for national secu7 rity purposes.

8 ‘‘(2) UNDER SECRETARY.—The term ‘Under

9 Secretary’ means the Under Secretary of Defense

10 for Defense Nuclear Programs.

11 ‘‘Subtitle B—Selection of Remedial

12 Action

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

14 ACTIONS.

15 ‘‘(a) IN GENERAL.—Not later than one year after the

16 date of enactment of this title, the Under Secretary shall

17 review each remedial action described in subsection (d) for

18 purposes of determining whether the remedial action was

19 selected in a manner consistent with the requirements of

20 this subtitle.

21 ‘‘(b) MODIFICATION OF REMEDIAL ACTIONS.—If the

22 Under Secretary determines the selection was not consist23 ent with the requirements of this subtitle, the Under Sec24 retary shall modify the remedial action in a manner con25 sistent with the requirements of this subtitle.
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1 ‘‘(c) MINIMIZATION OF DELAYS.—The Under Sec2 retary shall, to the maximum extent practicable, ensure

3 the minimization of any delays in the performance of re4 medial action that result from the Under Secretary’s ac5 tivities under subsection (a).

6 ‘‘(d) APPLICATION OF SECTION.—This section ap7 plies to any remedial action at a defense nuclear facility—

8 ‘‘(1) which is being performed as of the date of

9 enactment of this title, including a facility for which

10 construction is ongoing or has been completed as of

11 that date; or

12 ‘‘(2) for which construction is planned but has

13 not yet commenced as of such date of enactment.

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

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

16 a remedial action for a defense nuclear facility based on

17 consideration of a site-specific risk assessment conducted

18 in accordance with section 413 and an analysis of risk re19 duction benefits and costs conducted in accordance with

20 section 414.

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

22 In selecting a remedial action, the Under Secretary shall

23 select the lowest cost action which achieves a residual risk

24 that is within the risk range goal established by the Na-
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1 tional Contingency Plan for protection of public health

2 and the environment, unless—

3 ‘‘(1) the incremental benefits of a more expen4 sive remedial action justify incurring the incremental

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

6 the analysis of risk reductions cost and benefits for

7 the remedial action under section 414, in which case

8 a more expensive remedy may be selected; or

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

10 which achieves a residual risk level within the risk

11 range goal are not reasonably related to the costs of

12 such remedy, in which case a less expensive remedy

13 may be selected.

14 ‘‘(c) CONSULTATION.—

15 ‘‘(1) IN GENERAL.—Before selection of a reme16 dial action and before public comment under sub17 section (d), the Under Secretary shall consult with

18 the Administrator, officials of State, local, or tribal

19 governments having jurisdiction over the property

20 or, in the case of property which is exclusively under

21 Federal jurisdiction, having jurisdiction over the sur22 rounding areas.

23 ‘‘(2) MATTERS TO BE ADDRESSED.—Consulta24 tion under paragraph (1) shall include discussion of,

25 at a minimum, current area demographics, land and
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1 water uses, and currently planned land and water

2 uses, the determination of which shall remain the

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

4 government with jurisdiction.

5 ‘‘(d) PUBLIC COMMENT.—Before selection of a reme6 dial action, the Under Secretary shall provide a period of

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

8 action.

9 ‘‘(e) CERTIFICATION.—When selecting a remedial ac10 tion, the Under Secretary shall certify that—

11 ‘‘(1) the analysis of risk reduction benefits and

12 costs for the remedial action under section 414 is

13 based on objective and unbiased scientific and eco14 nomic evaluations of all significant and relevant in15 formation and on risk assessments provided to the

16 Under Secretary by interested parties relating to the

17 costs, risks, and risk reduction and other benefits of

18 the remedial action selected;

19 ‘‘(2) the incremental risk reduction or other

20 benefits of the remedial action will be likely to jus21 tify, and be reasonably related to, the incremental

22 costs incurred by the Federal Government, by State,

23 local, and tribal governments, and other public and

24 private entities; and
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1 ‘‘(3) alternative remedial actions identified or

2 considered by the Under Secretary were found to be

3 less cost-effective at achieving a substantially equiva4 lent reduction in risk.

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

7 administrative record for purposes of judicial review.

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

9 ‘‘(a) IN GENERAL.—A site-specific risk assessment

10 shall be performed in accordance with this section before

11 the selection of a remedial action at a defense nuclear fa12 cility.

13 ‘‘(b) PRINCIPLES.—

14 ‘‘(1) IN GENERAL.—The Under Secretary shall

15 apply the principles described in paragraph (3) to

16 ensure that a site-specific risk assessment—

17 ‘‘(A) distinguishes scientific findings from

18 other considerations;

19 ‘‘(B) is, to the extent feasible, scientifically

20 objective, unbiased, and inclusive of all relevant

21 data; and

22 ‘‘(C) relies, to the extent available and

23 practicable, on factual site-specific data.

24 ‘‘(2) NO REPETITION.—Discussions or expla25 nations required under this section need not be re-
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1 peated in each risk assessment document if there is

2 a reference to the relevant discussions or explanation

3 in another agency document that is available to the

4 public.

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

6 in conducting a site-specific risk assessment are as

7 follows:

8 ‘‘(A) HUMAN HEALTH RISKS.—

9 ‘‘(i) IN GENERAL.—In connection with

10 a discussion of human health risks, a site11 specific risk assessment shall contain a dis12 cussion of both relevant laboratory and rel13 evant epidemiologic data of sufficient qual14 ity which finds, or fails to find, a correla15 tion between health risks and a potential

16 toxin or activity.

17 ‘‘(ii) CONFLICTS.—If conflicts among

18 those data appear to exist or animal data

19 are used as a basis to assess human

20 health, the site-specific risk assessment

21 shall, to the extent feasible and appro22 priate, include discussion of possible rec23 onciliation of conflicting information, and,

24 as relevant, differences in study designs,

25 comparative physiology, routes of exposure,
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1 bioavailability, pharmacokinetics, and any

2 other relevant factor, including the suffi3 ciency of basic data for review.

4 ‘‘(iii) RECONCILIATION.—The discus5 sion of possible reconciliation should indi6 cate whether there is a biological basis to

7 assume a resulting harm in humans.

8 ‘‘(iv) ANIMAL DATA.—Animal data

9 shall be reviewed with regard to its rel10 evancy to humans.

11 ‘‘(B) DEFAULT VALUE, ASSUMPTION, IN12 FERENCE, OR MODEL.—If a site-specific risk

13 assessment involves selection of any significant

14 default value, assumption, inference, or model,

15 the risk assessment document shall, to the ex16 tent feasible—

17 ‘‘(i) present a representative list and

18 explanation of plausible and alternative as19 sumptions, inferences, or models;

20 ‘‘(ii) explain the basis for any choices;

21 ‘‘(iii) identify any policy or value judg22 ments;

23 ‘‘(iv) fully describe any model used in

24 the risk assessment and make explicit the
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1 assumptions incorporated in the model;

2 and

3 ‘‘(v) indicate the extent to which any

4 significant model has been validated by, or

5 conflicts with, empirical data.

6 ‘‘(C) RISK CHARACTERIZATION AND COM7 MUNICATION.—The site-specific risk assessment

8 shall meet each of the following requirements

9 regarding risk characterization and communica10 tion:

11 ‘‘(i) RISK CHARACTERIZATION.—

12 ‘‘(I) DESCRIPTION OF POPU13 LATIONS.—The risk characterization

14 shall describe the populations or natu15 ral resources that are the subject of

16 the risk characterization.

17 ‘‘(II) NUMERICAL ESTIMATES.—

18 If a numerical estimate of risk is pro19 vided, the Under Secretary shall, to

20 the extent feasible, provide—

21 ‘‘(aa) the best estimate or

22 estimates for the specific popu23 lations or natural resources

24 which are the subject to the char25 acterization (based on the infor-
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1 mation available to the Under

2 Secretary); and

3 ‘‘(bb) a statement of the

4 reasonable range of scientific un5 certainties.

6 ‘‘(III) OTHER ESTIMATES.—In

7 addition to best estimate or estimates

8 under subclause (I)(aa), the risk char9 acterization document may present

10 plausible upper-bound or conservative

11 estimates in conjunction with plau12 sible lower-bound estimates.

13 ‘‘(IV) MULTIPLE BEST ESTI14 MATES.—If appropriate, the risk char15 acterization document may present, in

16 lieu of a single best estimate, multiple

17 best estimates based on assumptions,

18 inferences, or models which are equal19 ly plausible, given current scientific

20 understanding.

21 ‘‘(V) DISTRIBUTION AND PROB22 ABILITY OF RISK.—To the extent

23 practicable and appropriate, the risk

24 characterization document shall pro25 vide descriptions of the distribution
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1 and probability of risk estimates to re2 flect differences in exposure variability

3 or sensitivity in populations and at4 tendance uncertainties.

5 ‘‘(VI) SUBPOPULATIONS.—Sen6 sitive subpopulations or highly ex7 posed subpopulations include, to the

8 extent relevant and appropriate, chil9 dren, the elderly, pregnant women,

10 and disabled persons.

11 ‘‘(ii) EXPOSURE SCENARIOS.—

12 ‘‘(I) IN GENERAL.—Exposure

13 scenarios shall be based on actual ex14 posure pathways and currently

15 planned future land and water uses as

16 established by any local governmental

17 authorities with jurisdiction over the

18 property and shall consider the avail19 ability of alternative water supplies.

20 ‘‘(II) SIZE OF POPULATION AT

21 RISK.—To the extent feasible, the

22 site-specific risk assessment shall in23 clude a statement of the size of the

24 population at risk under any proposed
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1 exposure scenario and the likelihood

2 of such scenario.

3 ‘‘(III) EXPOSURE PATHWAYS.—

4 Exposure scenarios shall explicitly

5 identify any exposure scenarios that

6 result in plausible completed exposure

7 pathways.

8 ‘‘(iii) MAGNITUDE OF RISKS.—

9 ‘‘(I) IN GENERAL.—A site-spe10 cific risk assessment shall contain a

11 statement that places the magnitude

12 of risks to human health, safety, or

13 the environment in context.

14 ‘‘(II) COMPARISONS WITH OTHER

15 RISKS.—A statement under subclause

16 (I) shall, to the extent feasible, pro17 vide comparisons with estimates of

18 greater, lesser, and substantially

19 equivalent risks that are familiar to

20 and routinely encountered by the gen21 eral public as well as other risks, and

22 to the extent appropriate and mean23 ingful, comparisons of those risks with

24 other similar risks regulated by the

25 Under Secretary resulting from com-
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1 parable activities and exposure path2 ways.

3 ‘‘(III) DISTINCTIONS AMONG

4 RISKS.—In formulating comparisons

5 under subclause (II), the Under Sec6 retary should consider relevant dis7 tinctions among risks, such as the vol8 untary or involuntary nature of risks

9 and the preventability or nonprevent10 ability of risks.

11 ‘‘(iv) RISKS TO HUMAN HEALTH.—

12 Each site-specific risk assessment shall in13 clude a statement of any significant substi14 tution risks to human health, if informa15 tion on such risks has been provided to the

16 Under Secretary.

17 ‘‘(v) RISK ASSESSMENTS BY COM18 MENTERS.—

19 ‘‘(I) IN GENERAL.—If a com20 menter provides the Under Secretary

21 with a relevant risk assessment and a

22 summary of the risk assessment in a

23 timely fashion and the risk assess24 ment is consistent with the principles

25 and the guidance provided under this
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1 section, the Under Secretary shall, to

2 the extent feasible, present the sum3 mary in connection with the presen4 tation of the site-specific risk assess5 ment.

6 ‘‘(II) RULE OF CONSTRUC7 TION.—Nothing in subclause (I) shall

8 be construed to limit the inclusion of

9 any comments or material supplied by

10 any person to the administrative

11 record of any proceeding.

12 ‘‘(D) INCORPORATION BY REFERENCE.—A

13 site-specific risk assessment may satisfy the re14 quirements of subparagraph (C) (iii), (iv), or

15 (v) by reference to information or material oth16 erwise available to the public if the document

17 provides a brief summary of the 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—

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, which costs and benefits shall be

11 quantified to the extent feasible and appropriate and

12 may otherwise 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, which 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, to the extent ap22 propriate and meaningful, comparisons of those risks

23 with other similar risks regulated by the Federal

24 Government resulting from comparable activities and

25 exposure pathways, and which comparisons should
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1 reflect consideration of relevant distinctions among

2 risks, such as the voluntary or involuntary nature of

3 risks and the preventability or nonpreventability of

4 risks; and

5 ‘‘(4) an analysis of whether the identified bene6 fits of the remedial action are likely to exceed the

7 identified costs of the remedial action.’’.

8 SEC. 602. CONFORMING AMENDMENT.

9 Section 120(a)(3) of the Comprehensive Environ10 mental Response, Compensation, and Liability Act of

11 1980 (42 U.S.C. 9620(a)(3)) is amended by inserting

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

13 shall not apply to the extent otherwise provided in title

14 IV with respect to selection of remedial actions at defense

15 nuclear facilities.’’.

16 SEC. 603. RENEGOTIATION OF COMPLIANCE AGREEMENTS.

17 (a) DEFINITION.—In this section, the term ‘‘defense

18 nuclear facility’’ has the meaning stated in section 402

19 of the Comprehensive Environmental Response, Com20 pensation, and Liability Act of 1980, as amended by sec21 tion 601.

22 (b) REQUIREMENT.—For each defense nuclear facil23 ity with respect to which a compliance agreement has been

24 entered into by the Secretary, the Administrator of the

25 Environmental Protection Agency, and a State as of the
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1 date of enactment of this Act, the Under Secretary of De2 fense for Defense Nuclear Programs shall enter into nego3 tiations with the Environmental Protection Agency and

4 the State concerned to renegotiate the terms of the compli5 ance agreement to reflect title IV of the Comprehensive

6 Environmental Response, Compensation, and Liability Act

7 of 1980, as added by section 601.

8 (c) DEADLINE.—The Under Secretary of Defense for

9 Defense Nuclear Programs shall complete renegotiation of

10 compliance agreements as required by subsection (a) not

11 later than the date that is 1 year after date of enactment

12 of this Act.

13 TITLE VII—CIVILIAN RADIO14 ACTIVE WASTE MANAGEMENT

15 SEC. 701. TRANSFER OF AUTHORITY TO THE SECRETARY

16 OF THE ARMY.

17 (a) TRANSFER.—Effective at the expiration of the 3d

18 calendar month beginning after the date of enactment of

19 this Act, section 304 of the Nuclear Waste Policy Act of

20 1982 (42 U.S.C. 10224) is amended to read as follows:

21 ‘‘ARMY CORPS OF ENGINEERS

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

23 Radioactive Waste Management (referred to in this sec24 tion as the ‘office’) is terminated and the authority and

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

26 I respecting a repository for radioactive waste and spent
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1 nuclear fuel is transferred to the Army Corps of Engineers

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

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

4 other obligations of the office with respect to the Yucca

5 Mountain site and the permits from the State of Nevada

6 for the site shall be reissued for the Corps.

7 ‘‘(b) YUCCA MOUNTAIN SITE.—The Corps shall re8 view the characterization plan of, and the work under9 taken by, the office for the Yucca Mountain site. Effective

10 6 months after the transfer under subsection (a), the

11 Corps shall prepare its own site characterization plan in

12 accordance with section 113. The plan shall be submitted

13 to the Nuclear Waste Technical Review Board for its re14 view and comments. If the Yucca Mountain site is found

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

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

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

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

19 Nevada in accordance with subtitle F of title I.

20 ‘‘(c) OTHER SITE.—If the Yucca Mountain site is

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

22 characterization plan for another site.’’.

23 (b) CONFORMING AMENDMENTS.—

24 (1) TABLE OF CONTENTS.—The table of con25 tents in section 1 of the Nuclear Waste Policy Act
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1 of 1982 (42 U.S.C. prec. 10101) is amended by

2 striking the item relating to section 304 and insert3 ing the following:

‘‘Sec. 304. Army Corps of Engineers.’’.

4 (2) REFERENCES TO THE SECRETARY OF EN5 ERGY.—

6 (A) DEFINITION.—Section 2(20) of the

7 Nuclear Waste Policy Act of 1982 (42 U.S.C.

8 10101(20)) is amended by striking ‘‘Secretary

9 of Energy’’ and inserting ‘‘Secretary of the

10 Army’’.

11 (B) SECTION 111.—Section 111(a)(5)of the

12 Nuclear Waste Policy Act of 1982 (42 U.S.C.

13 10131(a)(5)) is amended by striking ‘‘Secretary

14 of Energy’’ and inserting ‘‘Secretary’’.

15 (3) REFERENCES TO THE DEPARTMENT OF EN16 ERGY.—

17 (A) DEFINITION.—Section 2(8) of the Nu18 clear Waste Policy Act of 1982 (42 U.S.C.

19 10101(8)) is amended by striking ‘‘Department

20 of Energy’’ and inserting ‘‘Department of the

21 Army’’.

22 (B) NUCLEAR WASTE TECHNICAL REVIEW

23 BOARD.—Section 502(b)(3)(C)(iii) of the Nu24 clear Waste Policy Act of 1982 (42 U.S.C.
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1 10262(b)(3)(C)(iii)) is amended to read as fol2 lows:

3 ‘‘(iii) No person shall be nominated for appointment

4 to the Board who is an employee of—

5 ‘‘(I) the Department of Defense;

6 ‘‘(II) a national laboratory under contract with

7 the Department of Defense; or

8 ‘‘(III) an entity performing high-level radio9 active waste or spent nuclear fuel activities under

10 contract with the Department of Defense.’’.

11 (C) OTHER PROVISIONS.—The Nuclear

12 Waste Policy Act of 1982 is amended in each

13 of the following provisions by striking ‘‘Depart14 ment of Energy’’ and inserting ‘‘Department’’:

15 (i) Section 136(f)(2).

16 (ii) Section 224(b).

17 (iii) Section 302(e)(2).

18 (4) REFERENCE TO THE OFFICE OF CIVILIAN

19 WASTE MANAGEMENT.—Section 2 of the Nuclear

20 Waste Policy Act of 1982 (42 U.S.C. 10101) is

21 amended by striking paragraph (17).

22 SEC. 702. REAFFIRMATION OF OBLIGATION TO ACCEPT RA23 DIOACTIVE WASTE AND SPENT NUCLEAR

24 FUEL BY 1998.

25 (a) FINDINGS AND PURPOSES.—
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1 (1) FINDINGS.—Congress finds that—

2 (A) the generation of electricity by nuclear

3 reactors results in the production of spent nu4 clear fuel;

5 (B) about 24,000 metric tons of spent nu6 clear fuel have been produced by the Nation’s

7 operating nuclear power plants, and an addi8 tional 50,000 metric tons of spent nuclear fuel

9 is expected to be produced during the terms of

10 their current licenses;

11 (C) the vast majority of commercial spent

12 nuclear fuel is currently stored in individual

13 water-filled pools at reactor sites throughout

14 the Nation;

15 (D) the storage pools for the temporary

16 storage of spent nuclear fuel are nearing capac17 ity at many of the reactor sites;

18 (E) since the beginning of the commercial

19 nuclear power industry in the 1960’s, the Fed20 eral Government has had the responsibility to

21 provide for the disposal of commercial spent nu22 clear fuel;

23 (F) Congress enacted the Nuclear Waste

24 Policy Act of 1982 (42 U.S.C. 10101 et seq.)

25 in order to codify the Federal responsibility and
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1 policy to provide for the safe and timely dis2 posal of spent nuclear fuel by establishing a

3 schedule for the siting, construction, and oper4 ation of deep geologic repositories, assigning the

5 responsibility for implementation of the pro6 gram to the Department of Energy, and estab7 lishing the Nuclear Waste Fund to cover the

8 costs of the Federal disposal program to be

9 paid by utility ratepayers and owners;

10 (G) since the enactment of the Nuclear

11 Waste Policy Act of 1982, utility ratepayers

12 and owners have paid more than

13 $10,000,000,000 into the Nuclear Waste Fund;

14 (H) under the schedule established in the

15 Nuclear Waste Policy Act of 1982, the Depart16 ment of Energy, in return for the payment of

17 the fees by utility ratepayers and owners, is di18 rected to dispose of spent nuclear fuel begin19 ning not later than January 31, 1998;

20 (I) despite the 14 years that have passed

21 since the enactment of the Nuclear Waste Pol22 icy Act of 1982 and the expenditure of over

23 $4,000,000,000, the Department of Energy has

24 fallen behind schedule, and the projected date
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1 for commencement of operation of a repository,

2 under optimistic assumptions, is 2010;

3 (J) the Nuclear Waste Policy Act of 1982

4 currently prohibits the selection of a site for a

5 monitored retrievable storage facility until a

6 site for a permanent repository has been se7 lected;

8 (K) the Federal Government, under the

9 Nuclear Waste Policy Act of 1982, has an abso10 lute obligation to accept spent nuclear fuel be11 ginning not later than January 31, 1998; and

12 (L) the General Accounting Office and

13 other technical experts have indicated that

14 greater privatization would enhance cost effi15 ciencies.

16 (2) PURPOSES.—The purposes of this section

17 are—

18 (A) to ensure that the Secretary of the

19 Army fulfills what was formerly the responsibil20 ity of the Secretary of Energy to site, construct,

21 and operate temporary and permanent nuclear

22 waste disposal facilities in a safe and timely

23 manner; and

24 (B) to reaffirm the obligation of the Fed25 eral Government under the Nuclear Waste Pol-
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1 icy Act of 1982 to provide for the safe disposal

2 of spent nuclear fuel beginning not later than

3 January 31, 1998.

4 (b) REAFFIRMATION OF OBLIGATION OF SECRETARY

5 OF ENERGY.—Section 302(a) of the Nuclear Waste Policy

6 Act of 1982 (42 U.S.C. 10222(a)) is amended by adding

7 at the end the following:

8 ‘‘(7) The obligation of the Secretary under paragraph

9 (5) to accept high-level radioactive waste and spent nu10 clear fuel beginning not later than January 31, 1998, is

11 absolute and is not dependent on the commencement of

12 operation of a repository or a monitored retrievable stor13 age facility. That obligation shall not be voided or delayed

14 for any reason.’’.

15 (c) SITING OF MONITORED RETRIEVABLE STORAGE

16 FACILITY.—

17 (1) REPEAL OF SITE SELECTION LIMITATION.—

18 Section 145 of the Nuclear Waste Policy Act of

19 1982 (42 U.S.C. 10165) is amended by striking sub20 section (b).

21 (2) REPEAL OF LICENSING CONDITIONS.—Sec22 tion 148 of the Nuclear Waste Policy Act of 1982

23 (42 U.S.C. 10168) is amended by striking sub24 section (d).
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1 SEC. 703. INITIAL STORAGE FACILITY.

2 (a) LICENSE.—The facility for the initial storage of

3 not more than 40,000 metric tons of uranium at Area 25

4 of the Nevada Test Site shall be licensed by the Nuclear

5 Regulatory Commission for an unspecified period, in ac6 cordance with the Commission’s regulations governing the

7 licensing of independent spent fuel storage installations,

8 without regard to section 148 (a) or (d) of the Nuclear

9 Waste Policy Act of 1982 (42 U.S.C. 10168 (a), (d)).

10 (b) EXPANSION.—

11 (1) OPERATION CONSISTENT WITH CURRENT

12 LAW.—The initial storage facility shall be expand13 able for the subsequent transportation and interim

14 storage of up to 100,000 metric tons of uranium

15 and shall be operational in the 1998 timeframe, con16 sistent with sections 135(a) (4), 137(a), 141(a), and

17 148 (a), (b), and (c) of the Nuclear Waste Policy

18 Act of 1982 (42 U.S.C. 10155 (4), 10157(a),

19 10161(a), 10168 (a), (b), (c)).

20 (2) REPEALS.—Sections 131 (a)(3) and (b)(2),

21 135(a) (1) and (2), 135 (d) and (e), 141(g), 145,

22 146, and 148(d) (1), (3), and (4) of the Nuclear

23 Waste Policy Act of 1982 (42 U.S.C. 10151 (a)(3),

24 (b)(2), 10155 (a)(1), (2), (d), 10161(g), 10165,

25 10168(d) (1), (3), (4)) are repealed.
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1 (c) REVIEW OF PROGRAM.—The Secretary of the

2 Army shall review the activities of the initial storage facil3 ity program, including all cooperative agreements, inter4 national commitments, and university assistance, and

5 shall make available to those entities amounts, that are

6 commensurate with the revised program for nuclear waste

7 disposal activities.

8 (d) PROGRAM PLAN AND SCHEDULE.—The Secretary

9 of the Army shall submit to the Congress within 90 days

10 a revised program plan and schedule, including a new 5-

11 year budget, that addresses the construction and operation

12 of the interim storage capability, the revised site charac13 terization program at the Yucca Mountain site, and the

14 results of the Secretary’s review of the program’s institu15 tional activities.

16 (e) GAO REPORT.—Not later than 180 days after the

17 date of enactment of this Act, the Comptroller General

18 of the United States shall conduct a study and submit to

19 Congress a report on the extent to which the management

20 of civilian radioactive waste by the private sector might

21 result in cost efficiencies and the means by which the re22 sponsibility for performing management of civilian radio23 active waste may be transferred to the private sector.
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1 TITLE VIII—MISCELLANEOUS

2 PROVISIONS

3 SEC. 801. REFERENCES.

4 Any reference in any other Federal law, Executive

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

6 document of or pertaining to an office from which a func7 tion is transferred by this Act—

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

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

10 head of the department or office to which such func11 tion is transferred; or

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

13 refer to the department or office to which such func14 tion is transferred.

15 SEC. 802. EXERCISE OF AUTHORITIES.

16 Except as otherwise provided by law, a Federal offi17 cial to whom a function is transferred by this Act may,

18 for purposes of performing the function, exercise all au19 thorities under any other provision of law that were avail20 able with respect to the performance of that function to

21 the official responsible for the performance of the function

22 immediately before the effective date of the transfer of the

23 function under this Act.
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1 SEC. 803. SAVINGS PROVISIONS.

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

3 rules, regulations, permits, grants, loans, contracts, agree4 ments, certificates, licenses, and privileges—

5 (1) that have been issued, made, granted, or al6 lowed to become effective by the President, the Sec7 retary of Energy, any officer or employee of any of8 fice transferred by this Act, or any other Govern9 ment official, or by a court of competent jurisdic10 tion, in the performance of any function that is

11 transferred by this Act; and

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

13 such transfer (or become effective after such date

14 pursuant to their terms as in effect on such effective

15 date);

16 shall continue in effect according to their terms until

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

18 accordance with law by the President, any other author19 ized official, a court of competent jurisdiction, or operation

20 of law.

21 (b) PROCEEDINGS.—

22 (1) NO EFFECT.—This Act shall not affect any

23 proceedings or any application for any benefits, serv24 ice, license, permit, certificate, or financial assist25 ance pending on the date of enactment of this Act
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1 before an office transferred by this Act, but such

2 proceedings and applications shall be continued.

3 (2) ORDERS, APPEALS, AND PAYMENTS.—Or4 ders shall be issued in such proceedings, appeals

5 shall be taken therefrom, and payments shall be

6 made under such orders, as if this Act had not been

7 enacted, and orders issued in any such proceeding

8 shall continue in effect until modified, terminated,

9 superseded, or revoked by a duly authorized official,

10 by a court of competent jurisdiction, or by operation

11 of law.

12 (3) RULE OF CONSTRUCTION.—Nothing in this

13 subsection shall be construed to prohibit the dis14 continuance or modification of any such proceeding

15 under the same terms and conditions and to the

16 same extent that such proceeding could have been

17 discontinued or modified if this Act had not been en18 acted.

19 (c) SUITS.—This Act shall not affect suits com20 menced before the date of enactment of this Act, and in

21 all such suits, proceeding shall be had, appeals taken, and

22 judgments rendered in the same manner and with the

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

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

25 or other proceeding commenced by or against the Depart-
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1 ment of Energy or the Secretary of Energy, or by or

2 against any individual in the official capacity of such indi3 vidual as an officer or employee of an office transferred

4 by this Act, shall abate by reason of the enactment of this

5 Act.

6 (e) CONTINUANCE OF SUITS.—If any officer of the

7 Department of Energy or the Energy Programs Resolu8 tion Agency in the official capacity of such officer is party

9 to a suit with respect to a function of the officer, and

10 under this Act such function is transferred to any other

11 officer or office, then such suit shall be continued with

12 the other officer or the head of such other office, as appli13 cable, substituted or added as a party.

14 SEC. 804. TRANSFER OF ASSETS.

15 Except as otherwise provided in this Act, so much

16 of the personnel, property, records, and unexpended bal17 ances of appropriations, allocations, and other funds em18 ployed, used, held, available, or to be made available in

19 connection with a function transferred to an official by

20 this Act shall be available to the official at such time or

21 times as the Director of the Office of Management and

22 Budget directs for use in connection with the functions

23 transferred.
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1 SEC. 805. DELEGATION.

2 (a) IN GENERAL.—Except as otherwise expressly

3 prohibited by law or otherwise provided in this Act, an

4 official to whom functions are transferred under this Act

5 (including the head of any office to which functions are

6 transferred under this Act) may delegate any of the func7 tions so transferred to such officers and employees of the

8 office of the official as the official may designate, and may

9 authorize successive redelegations of such functions as

10 may be necessary or appropriate.

11 (b) NO RELIEF FROM RESPONSIBILITY.—No delega12 tion of functions under this section or under any other

13 provision of this Act shall relieve the official to whom a

14 function is transferred under this Act of responsibility for

15 the administration of the function.

16 SEC. 806. AUTHORITY OF OFFICE OF MANAGEMENT AND

17 BUDGET WITH RESPECT TO FUNCTIONS

18 TRANSFERRED.

19 (a) DETERMINATIONS.—If necessary, the Office of

20 Management and Budget shall make any determination of

21 the functions that are transferred under this Act.

22 (b) INCIDENTAL TRANSFERS.—

23 (1) IN GENERAL.—The Director of the Office of

24 Management and Budget, at such time or times as

25 the Director shall provide, may make such deter26 minations as may be necessary with regard to the
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1 functions transferred by this Act, and to make such

2 additional incidental dispositions of personnel, as3 sets, liabilities, grants, contracts, property, records,

4 and unexpended balances of appropriations, author5 izations, allocations, and other funds held, used,

6 arising from, available to, or to be made available in

7 connection with such functions, as may be necessary

8 to carry out the provisions of this Act.

9 (2) TERMINATION OF AFFAIRS.—The Director

10 of the Office of Management and Budget shall pro11 vide for the termination of the affairs of all entities

12 terminated by this Act and for such further meas13 ures and dispositions as may be necessary to effec14 tuate the purposes of this Act.

15 SEC. 807. PROPOSED CHANGES IN LAW.

16 Not later than 1 year after the date of enactment

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

18 Budget shall submit to the Congress a description of any

19 changes in Federal law necessary to reflect abolishment,

20 transfers, terminations, and disposals under this Act.

21 SEC. 808. CERTAIN VESTING OF FUNCTIONS CONSIDERED

22 TRANSFER.

23 For purposes of this title, the vesting of a function

24 in a department or office pursuant to reestablishment of
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1 an office shall be considered to be the transfer of the func2 tion.

Æ