II

106TH CONGRESS

1ST SESSION S. 896

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

IN THE SENATE OF THE UNITED STATES

APRIL 28, 1999

Mr. GRAMS (for himself, Mr. ABRAHAM and Mr. KYL) 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 Administration.

Sec. 502. Functions of Defense Nuclear Programs Administration.
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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 2000.

Sec. 703. Interim storage program.

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 con3 siders 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 sec15 ond 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, 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) in section 501(a) (42 U.S.C. 7191(a))—

19 (A) in paragraph (1), by striking ‘‘(1)’’;

20 and

21 (B) by striking paragraph (2).
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1 SEC. 108. DISPOSITION OF THE ENERGY INFORMATION AD2 MINISTRATION AND OF CERTAIN ENERGY RE3 SEARCH PROGRAMS.

4 (a) TRANSFER OF FUNCTIONS.—There are trans5 ferred to the Secretary of the Interior—

6 (1) all of the functions of the Administrator of

7 the Energy Information Administration; and

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

9 under the Assistant Secretary of Energy for Fossil

10 Energy and the Assistant Secretary of Energy for

11 Energy Efficiency and Renewable Energy; and

12 (B) the science and technology programs

13 under—

14 (i) the Office of Energy Research;

15 (ii) the Office of Nuclear Energy Science

16 and Technology;

17 (iii) the Office of Science Education and

18 Technical Information; and

19 (iv) the Office of Energy Research.

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

21 the Interior determines that any of the programs trans22 ferred under subsection (a)(2) is a program that performs

23 basic science research that should be considered by the

24 Nondefense Energy Laboratory Commission under section

25 213, the President shall transfer the programs to the Na26 tional Science Foundation.
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1 (c) RECOMMENDATIONS FOR FURTHER DISPOSI2 TION.—Not later than the date that is 1 year after the

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

4 shall submit to Congress a report making recommenda5 tions for the permanent disposition of the functions and

6 programs transferred by subsection (a).

7 SEC. 109. DISPOSITION OF THE ENERGY REGULATORY AD8 MINISTRATION.

9 (a) TRANSFER OF FUNCTIONS.—There are trans10 ferred to the Attorney General all of the functions of the

11 Administrator of the Energy Regulatory Administration.

12 (b) RESOLUTION OF PENDING CASES.—The Attor13 ney General shall make best efforts to resolve all cases

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

15 Regulatory Administration by the date that is 1 year after

16 the date of enactment of this Act, achieving such resolu17 tion by means of the alternate dispute resolution process

18 to the extent possible.

19 SEC. 110. GAO REPORT.

20 Not later than 180 days after the date of enactment

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

22 shall submit to Congress a report that includes rec23 ommendations for the most efficient means of achieving,

24 in accordance with this Act—
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1 (1) the complete abolishment of the Depart2 ment of Energy; and

3 (2) the termination, transfer, or other disposi4 tion of the functions of the Department of Energy.

5 SEC. 111. CONFORMING AMENDMENTS.

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

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

8 ‘‘Secretary of Energy,’’.

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

10 5, United States Code, is amended by striking the item

11 relating to the Department of Energy.

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

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

14 item relating to the Secretary of Energy.

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

16 5313 of title 5, United States Code, is amended by strik17 ing the item relating to the Deputy Secretary of Energy.

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

19 5314 of title 5, United States Code, is amended by strik20 ing the item relating to the Under Secretary, Department

21 of Energy.

22 (f) MISCELLANEOUS OFFICERS’ COMPENSATION.—

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

24 by striking the items relating to the Assistant Secretaries

25 of Energy, General Counsel of the Department of Energy,
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1 Administrator, Economic Regulatory Administration, De2 partment of Energy, Administrator, Energy Information

3 Administration, Department of Energy, Inspector Gen4 eral, Department of Energy, Director, Office of Energy

5 Research, Department of Energy, and Chief Financial Of6 ficer, Department of Energy.

7 (g) INSPECTOR GENERAL ACT OF 1978.—The In8 spector General Act of 1978 (5 U.S.C. App.) is

9 amended—

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

11 (E);

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

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

14 (h) DEPARTMENT OF ENERGY ORGANIZATION

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

16 provisions of the Department of Energy Organization Act

17 (42 U.S.C. 7101 et seq.) are repealed:

18 (1) Sections 1 and 2.

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

20 SEC. 112. EFFECTIVE DATE.

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

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

23 after the date of enactment of this Act.
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1 (b) PROVISIONS EFFECTIVE ON DATE OF ENACT2 MENT.—Sections 101, 106(c), and 107 shall take effect

3 on the date of enactment of this Act.

4 TITLE II—ENERGY

5 LABORATORIES

6 Subtitle A—National Defense

7 Laboratories

8 SEC. 201. TRANSFER AND DISCHARGE OF FUNCTIONS.

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

10 defense laboratories’’ means—

11 (1) the Lawrence Livermore National Labora12 tory;

13 (2) the Los Alamos National Laboratory; and

14 (3) the Sandia National Laboratories.

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

16 national defense laboratories are transferred to the Under

17 Secretary of Defense for Defense Nuclear Programs under

18 title V of this Act (relating to national security and envi19 ronmental management programs of the Department of

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

21 with that title through the Defense Nuclear Programs Ad22 ministration established by that title.
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1 Subtitle B—Nondefense Energy

2 Laboratories

3 SEC. 211. DEFINITIONS.

4 In this title:

5 (1) ACCOUNT.—The term ‘‘Account’’ means the

6 Energy Laboratory Facility Closure Account estab7 lished under section 207(a).

8 (2) BASIC SCIENCE PROGRAM.—The term

9 ‘‘basic science program’’ means a program trans10 ferred to the National Science Foundation under

11 section 108(b).

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

13 means the Energy Laboratory Facilities Commis14 sion.

15 (4) CONGRESSIONAL ENERGY COMMITTEES.—

16 The term ‘‘congressional energy committees’’ means

17 the Committee on Armed Services of the Senate, the

18 Committee on National Security of the House of

19 Representatives, the Committee on Science of the

20 House of Representatives, and the Committee on

21 Energy and Natural Resources of the Senate.

22 (5) NONDEFENSE ENERGY LABORATORY.—The

23 term ‘‘nondefense energy laboratory’’ means the

24 Ames Laboratory, the Argonne National Laboratory,

25 the Bates Linear Accelerator Laboratory, the Bettis
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1 Atomic Power Laboratory, the Brookhaven National

2 Laboratory, the Continuous Electron Beam Accel3 erator Facility, the Energy Technology Engineering

4 Center, the Environmental Measurements Labora5 tory, the Fermi National Accelerator Laboratory,

6 the Idaho National Engineering Laboratory, the In7 halation Toxicology Research Institute, the Knolls

8 Atomic Power Laboratory, the Laboratory of

9 Radiobiology and Environmental Health, the Law10 rence Berkeley Laboratory, the Morgantown Energy

11 Technology Center, the National Renewable Energy

12 Laboratory, the New Brunswick Laboratory, the

13 Oak Ridge Institute for Science and Education, the

14 Oak Ridge National Laboratory, the Pacific North15 west Laboratory, the Pittsburgh Energy Technology

16 Center, the Princeton Plasma Physics Laboratory,

17 the Savannah River Ecology Laboratory, the Savan18 nah River Technology Center, the Specific Manufac19 turing Capability Facility, or the Stanford Linear

20 Accelerator Facility.

21 (6) RESOLUTION OF APPROVAL.—The term

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

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

24 period beginning on the date on which the Com-
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1 mission transmits the report to Congress under

2 section 204(f)(4);

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

4 resolution approving the recommendations of

5 the Energy Laboratory Facilities Commission.’’;

6 (C) that does not have a preamble;

7 (D) the matter after the resolving clause of

8 which is as follows: ‘‘That Congress approves

9 the recommendations of the Energy Laboratory

10 Facilities Commission as submitted on ll’’,

11 the blank space being filled in with the appro12 priate date; and

13 (E) that contains no other matter.

14 SEC. 212. TRANSFER TO NATIONAL SCIENCE FOUNDATION.

15 There are transferred to the National Science Foun16 dation all of the functions of the Secretary relating to the

17 nondefense energy laboratories.

18 SEC. 213. ENERGY LABORATORY FACILITIES COMMISSION.

19 (a) ESTABLISHMENT.—There is established an inde20 pendent commission, to be known as the ‘‘Nondefense En21 ergy Laboratory Commission’’, for the purpose of making

22 recommendations to Congress whether any of the non23 defense energy laboratories or programs at nondefense en24 ergy laboratories or any of the basic science programs

25 should be continued through reconfiguration, transfer, or
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1 privatization, rather than being closed in accordance with

2 section 220.

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

4 duties specified for the Commission in this subtitle.

5 (c) APPOINTMENT.—

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

7 composed of 7 members appointed by the President,

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

9 (2) NOMINATIONS.—The President shall trans10 mit to the Senate the nominations for appointment

11 to the Commission not later than 90 days after the

12 date of enactment of this Act.

13 (3) DISQUALIFICATION OF GOVERNMENT EM14 PLOYEES.—An employee of the United States shall

15 not be eligible to serve on the Commission.

16 (4) CONSULTATION.—In selecting persons for

17 nominations for appointments to the Commission,

18 the President shall consult with—

19 (A) the Speaker of the House of Rep20 resentatives concerning the appointment of 2

21 members; and

22 (B) the majority leader of the Senate con23 cerning the appointment of 2 members.

24 (5) CHAIRPERSON.—At the time at which the

25 President submits nominations for appointment to
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1 the Commission, the President shall designate 1 of

2 the nominees for appointment as Chairperson of the

3 Commission.

4 (d) TERMS.—The term of each member of the Com5 mission shall expire on the termination of the Commission

6 under subsection (l).

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

8 other than a meeting in which classified information is to

9 be discussed, shall be open to the public.

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

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

12 (g) PAY AND TRAVEL EXPENSES.—

13 (1) BASIC PAY.—

14 (A) MEMBERS.—Each member of the

15 Commission other than the Chairperson shall be

16 paid at a rate equal to the daily equivalent of

17 the minimum annual rate of basic pay payable

18 for level IV of the Executive Schedule under

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

20 each day (including travel time) during which

21 the member is engaged in the performance of

22 duties of the Commission.

23 (B) CHAIRPERSON.—The Chairperson of

24 the Commission shall be paid for each day re25 ferred to in subparagraph (A) at a rate equal
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1 to the daily equivalent of the minimum annual

2 rate of basic pay payable for level III of the Ex3 ecutive Schedule under section 5314 of title 5,

4 United States Code.

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

6 Commission shall receive travel expenses, including

7 per diem in lieu of subsistence, in accordance with

8 sections 5702 and 5703 of title 5, United States

9 Code.

10 (h) DIRECTOR.—

11 (1) IN GENERAL.—The Commission shall, with12 out regard to section 5311(b) of title 5, United

13 States Code, appoint a Director who—

14 (A) has not served as a civilian employee

15 of the Department of Energy during the 2-year

16 period preceding the date of appointment;

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

18 laboratory of the Department of Energy during

19 the 5-year period preceding the date of appoint20 ment; and

21 (C) has not been an employee of a con22 tractor operating an energy laboratory of the

23 Department of Energy during the 5-year period

24 preceding the date of appointment.
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1 (2) PAY.—The Director shall be paid at the

2 rate of basic pay payable for level IV of the Execu3 tive Schedule under section 5315 of title 5, United

4 States Code.

5 (i) STAFF.—

6 (1) APPOINTMENT BY DIRECTOR.—Subject to

7 paragraphs (2) and (3), the Director, with the ap8 proval of the Commission, may appoint and fix the

9 pay of additional personnel.

10 (2) APPLICABILITY OF CERTAIN CIVIL SERVICE

11 LAWS.—The Director may make such appointments

12 without regard to the provisions of title 5, United

13 States Code, governing appointments in the competi14 tive service, and any personnel so appointed may be

15 paid without regard to the provisions of chapter 51

16 and subchapter III of chapter 53 of that title relat17 ing to classification and General Schedule pay rates,

18 except that a person so appointed may not receive

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

20 for level IV of the Executive Schedule under section

21 5315 of title 5, United States Code.

22 (3) LIMITATIONS.—

23 (A) DOE EMPLOYEES.—Not more than

24 one-third of the personnel employed by or de25 tailed to the Commission shall be persons who
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1 were employed by the Department of Energy on

2 the day before the date of enactment of this

3 Act.

4 (B) LABORATORY EMPLOYEES.—No em5 ployee of a nondefense laboratory or of any

6 other energy laboratory of the Department of

7 Energy or of a contractor that operates an en8 ergy laboratory of the Department of Energy

9 may be detailed to the Commission.

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

11 request of the Director, the head of a Federal agen12 cy may detail any of the personnel of the agency to

13 the Commission to assist the Commission in car14 rying out its duties.

15 (5) SUPPORT FROM COMPTROLLER GENERAL.—

16 The Comptroller General of the United States shall

17 provide assistance, including the detailing of employ18 ees, to the Commission in accordance with an agree19 ment entered into with the Commission.

20 (j) OTHER AUTHORITY.—

21 (1) TEMPORARY AND INTERMITTENT SERV22 ICES.—The Commission may procure by contract, to

23 the extent that funds are available, the temporary or

24 intermittent services of experts or consultants pursu25 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 Armed Services 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); and

10 (C) to determine the availability of excess

11 or surplus real property for wildlife conserva12 tion purposes in accordance with the Act of

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

14 (2) EXERCISE OF AUTHORITY.—

15 (A) IN GENERAL.—Subject to subpara16 graph (C), the Secretary or Administrator shall

17 exercise the authority delegated to the Sec18 retary or Administrator under paragraph (1) in

19 accordance with all regulations in effect on the

20 date of enactment of this Act governing the uti21 lization of excess property and the disposal of

22 surplus property under the Federal Property

23 and Administrative Services Act of 1949 (40

24 U.S.C. 471 et seq.).
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1 (B) REGULATIONS.—The Secretary or Ad2 ministrator, after consulting with the Adminis3 trator of General Services, may issue regula4 tions that are necessary to carry out the delega5 tion of authority under paragraph (1).

6 (C) LIMITATION.—The authority required

7 to be delegated by paragraph (1) to the Sec8 retary or Administrator by the Administrator of

9 General Services does not include the authority

10 to prescribe general policies and methods for

11 utilizing excess property and disposing of sur12 plus property.

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

14 transfer, or privatize a nondefense energy laboratory or

15 basic science program under this subtitle without regard

16 to any law restricting the use of funds for reconfiguring,

17 transferring, privatizing, or closing energy laboratories or

18 basic science programs included in any appropriations or

19 authorization Act.

20 SEC. 218. ACCOUNT.

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

22 Treasury of the United States an account to be known

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

24 which shall be administered by the Secretary or Adminis25 trator as a single account.
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1 (b) CONTENT OF ACCOUNT.—There shall be depos2 ited in the Account—

3 (1) funds authorized for and appropriated to

4 the Account; and

5 (2) any funds that the President or the Sec6 retary or Administrator may, subject to approval in

7 an appropriation Act, transfer to the Account from

8 funds appropriated to the Department of Energy for

9 any purpose, except that such funds may be trans10 ferred only after the date on which the President or

11 the Secretary or Administrator transmits written no12 tice of, and justification for, such transfer to the

13 congressional energy committees.

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

15 or Administrator may use the funds in the Account only

16 for the purposes described in section 217(a).

17 (d) REPORTS.—

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

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

20 the Secretary or Administrator carries out activities

21 under this title, the President or the Secretary or

22 Administrator shall transmit a report to the congres23 sional energy committees of the amount and nature

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

25 Account during the fiscal year and of the amount
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1 and nature of other expenditures made pursuant to

2 section 204(a) during such fiscal year.

3 (2) UNOBLIGATED FUNDS.—Unobligated funds

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

5 SEC. 219. REPORTS ON IMPLEMENTATION.

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

7 which the President or the Secretary or Administrator is

8 authorized to carry out activities under this subtitle, the

9 President shall transmit to the congressional energy

10 committees—

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

12 transfer, and privatization actions to be carried out

13 under this subtitle in the fiscal year for which the

14 request is made and an estimate of the total expend15 itures required and cost savings to be achieved by

16 each such closure, reconfiguration, transfer, and pri17 vatization and of the time period in which the sav18 ings are to be achieved in each case; and

19 (2) a description of the energy laboratories to

20 which functions are to be transferred as a result of

21 such closures, reconfigurations, transfers, and

22 privatizations.
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1 TITLE III—POWER MARKETING

2 ADMINISTRATIONS

3 SEC. 301. FINDINGS.

4 Congress finds that—

5 (1) the Federal power marketing administra6 tions have served over the years to help bring elec7 tricity to many areas of the Nation;

8 (2) the receipt of transmission access by all

9 parties resulting from the amendments to section

10 212 of the Federal Power Act (16 U.S.C. 824k)

11 made by section 722 of the Energy Policy Act of

12 1992 (106 Stat. 2916) allows wholesale customers to

13 purchase power from numerous sources;

14 (3) in fairness to longtime consumers of the

15 power marketing administrations, any changes to

16 the current operations of the power marketing ad17 ministrations should consider the impact on those

18 customers and provide an opportunity for those cus19 tomers to contribute their expertise in the process.

20 SEC. 302. DEFINITIONS.

21 In this title, the term ‘‘power marketing administra22 tion’’ means—

23 (1) the Bonneville Power Administration;

24 (2) the Southeastern Power Administration;
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1 (3) the Southwestern Power Administration;

2 and

3 (4) the Western Area Power Administration.

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

5 (a) TRANSFER OF FUNCTIONS.—There are trans6 ferred to the Secretary of the Army, acting through the

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

8 of the functions of—

9 (1) the Administrator of the Bonneville Power

10 Administration;

11 (2) the Administrator of the Southeastern

12 Power Administration;

13 (3) the Administrator of the Southwestern

14 Power Administration; and

15 (4) the Administrator of the Western Area

16 Power Administration.

17 (b) STUDY AND RECOMMENDATIONS BY THE COMP18 TROLLER GENERAL.—Not later than 1 year after the date

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

20 United States shall—

21 (1) perform a study of each power marketing

22 administration that recognizes the uniqueness of

23 each power marketing administration; and

24 (2) submit to Congress a comprehensive report

25 that—
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1 (A) catalogues the assets and liabilities of

2 each power marketing administration, including

3 any unrealized obligations to contribute funds

4 or deliver electric power for purposes estab5 lished under law in effect on the date of enact6 ment of this Act;

7 (B) considers all reasonable options for re8 structuring of the power marketing administra9 tions;

10 (C) considers how best to protect the eco11 nomic interests of current customers of the

12 power marketing administrations while pro13 tecting the taxpayers; and

14 (D) makes recommendations to Congress

15 for the final disposition of the power marketing

16 administrations.

17 (c) CURRENT CUSTOMER CONTRACTS.—It is the in18 tent of Congress that—

19 (1) under any final disposition of the power

20 marketing administration that Congress may ap21 prove, any purchaser of facilities shall be required to

22 maintain any contracts with customers that, as of

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

24 of the contracts; and
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1 (2) any sales of facilities shall be effectuated in

2 a manner that minimizes the impact on the ultimate

3 ratepayers.

4 TITLE IV—TRANSFER AND

5 DISPOSAL OF RESERVES

6 Subtitle A—Strategic Petroleum

7 Reserve

8 SEC. 401. STRATEGIC PETROLEUM RESERVE.

9 (a) DEFINITION.—In this section, the term ‘‘Stra10 tegic Petroleum Reserve’’ means petroleum products

11 stored in storage facilities pursuant to part B of title I

12 of the Energy Policy and Conservation Act (42 U.S.C.

13 6231 et seq.), including the Industrial Petroleum Reserve,

14 the Early Storage Reserve, and the Regional Petroleum

15 Reserve.

16 (b) TRANSFER OF FUNCTIONS.—There are trans17 ferred to the Secretary of Defense all functions performed

18 by the Secretary of Energy with respect to the Strategic

19 Petroleum Reserve on the date before the date of the en20 actment of this Act.

21 (c) PLAN FOR DISPOSAL OF RESERVE.—

22 (1) SUBMISSION TO CONGRESS.—Not later than

23 180 days after the date of enactment of this Act, the

24 Secretary of Defense shall submit to Congress a

25 plan for the disposal of the Strategic Petroleum Re-
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1 serve (other than the portions of the reserve that the

2 Secretary proposes to retain in order to meet the na3 tional security interests of the United States).

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

5 shall provide for the disposal of the reserve not later

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

7 Act.

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

9 (A) an assessment of the volume of petro10 leum products in the Strategic Petroleum Re11 serve (other than the reserves held at Weeks Is12 land, Louisiana) that the Secretary of Defense

13 proposes to retain in order to meet the national

14 security interests of the United States;

15 (B) a list of the storage facilities (includ16 ing the storage facilities of the Strategic Petro17 leum Reserve, if appropriate) at which such pe18 troleum products will be retained, and the vol19 ume of petroleum products that will be retained

20 at each storage facility;

21 (C) a proposal for the disposal of the pe22 troleum products in the Strategic Petroleum

23 Reserve on the date of enactment of this Act

24 that will not be retained, including a detailed
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1 schedule for the disposal of such petroleum

2 products; and

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

4 held at Weeks Island, Louisiana.

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

6 date on which the Secretary of Defense submits the plan

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

8 United States shall submit to Congress a study that—

9 (1) examines whether the plan provides for the

10 disposal of any portions of the Strategic Petroleum

11 Reserve that may be needed to be retained in order

12 to ensure that the national security interests of the

13 United States are met; and

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

15 the Strategic Petroleum Reserve that should be re16 tained.

17 (e) IMPLEMENTATION OF PLAN.—The Secretary

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

19 3 years after the date of enactment of this Act.

20 Subtitle B—Naval Petroleum

21 Reserves

22 SEC. 411. NAVAL PETROLEUM RESERVES.

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

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

25 that term in section 7420 of title 10, United States Code,
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1 except that the term does not include Naval Petroleum

2 Reserve Numbered 1 (Elk Hills).

3 (b) TRANSFER OF FUNCTIONS.—There are trans4 ferred to the Administrator of the Energy Programs Reso5 lution Agency all functions performed with respect to the

6 naval petroleum reserves.

7 (c) DISPOSAL OF RESERVES.—

8 (1) DISPOSAL WITHIN 1 YEAR.—The Adminis9 trator shall, to the maximum extent practicable, take

10 appropriate actions to carry out the disposal of the

11 reserves of the naval petroleum reserves not later

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

13 (2) JOINT PLAN.—The Administrator shall

14 carry out the disposal in accordance with a plan

15 jointly developed by the Administrator, the Secretary

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

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

18 end of the 1-year period beginning on the date of enact19 ment of this Act, the Administrator shall transfer to the

20 Secretary of the Interior all functions performed by the

21 Administrator with respect to the portions of the naval

22 petroleum reserves that are not disposed of by the Admin23 istrator under subsection (c) during that period.

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

25 641 of title 10, United States Code, is repealed.
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1 (B) The table of chapters at the beginning of subtitle

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

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

4 the item relating to chapter 641.

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

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

7 TITLE V—NATIONAL SECURITY

8 AND ENVIRONMENTAL MAN9 AGEMENT PROGRAMS

10 SEC. 501. ESTABLISHMENT AND ORGANIZATION OF DE11 FENSE NUCLEAR PROGRAMS ADMINISTRA12 TION.

13 (a) ESTABLISHMENT OF DEFENSE NUCLEAR PRO14 GRAMS ADMINISTRATION.—

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

16 ‘‘defense nuclear programs matters’’ means matters

17 related to the military use of nuclear energy and nu18 clear weapons, including all such matters that were

19 under the jurisdiction of the following entities on the

20 day before the date of enactment of this Act:

21 (A) The Department of Energy.

22 (B) The Defense Threat Reduction Agency

23 of the Department of Defense.

24 (C) The Defense Nuclear Facilities Safety

25 Board.
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1 (2) ESTABLISHMENT.—There is established in

2 the Department of Defense an agency to be known

3 as the ‘‘Defense Nuclear Programs Administration’’

4 (referred to in this title as the ‘‘Administration’’),

5 which shall have primary responsibility within the

6 Government for defense nuclear program matters.

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

8 United States Code, is amended by inserting after section

9 133a the following:

10 ‘‘§ 133b. Under Secretary of Defense for Defense Nu11 clear Programs

12 ‘‘(a) IN GENERAL.—There is an Under Secretary of

13 Defense for Defense Nuclear Programs, appointed from

14 civilian life by the President, by and with the advice and

15 consent of the Senate.

16 ‘‘(b) FUNCTION AS PRINCIPAL ADVISER.—The

17 Under Secretary of Defense for Defense Nuclear Pro18 grams shall serve as the principal adviser to the President

19 and the Secretary of Defense on all programs and matters

20 related to the military use of nuclear energy and nuclear

21 weapons.

22 ‘‘(c) DUTIES.—Subject to the authority, direction,

23 and control of the Secretary of Defense, the Under Sec24 retary of Defense for Defense Nuclear Programs shall
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1 have primary responsibility within the Government for the

2 programs and matters referred to in subsection (b).

3 ‘‘(d) PRECEDENCE.—The Under Secretary of De4 fense for Defense Nuclear Programs takes precedence in

5 the Department of Defense after the Under Secretary of

6 Defense for Acquisition and Technology.’’.

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

8 10, United States Code, as amended by subsection (b),

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

10 ‘‘§ 133c. Deputy Under Secretary of Defense for De11 fense Nuclear Programs

12 ‘‘(a) IN GENERAL.—There is a Deputy Under Sec13 retary of Defense for Defense Nuclear Programs, ap14 pointed from civilian life by the President, by and with

15 the advice and consent of the Senate.

16 ‘‘(b) DUTIES.—The Deputy Under Secretary shall as17 sist the Under Secretary of Defense for Defense Nuclear

18 Programs in the performance of his duties. The Deputy

19 Under Secretary of Defense for Defense Nuclear Pro20 grams shall act for, and exercise the powers of, the Under

21 Secretary when the Under Secretary is absent or dis22 abled.’’.

23 (d) ASSISTANT SECRETARIES.—Section 138 of title

24 10, United States Code, is amended—
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1 (1) in subsection (a), by striking ‘‘eleven’’ and

2 inserting ‘‘fifteen’’; and

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

4 following:

5 ‘‘(6) ASSISTANT SECRETARY FOR DEFENSE NU6 CLEAR WEAPONS FACILITIES.—One of the Assistant

7 Secretaries shall be the Assistant Secretary for De8 fense Nuclear Weapons Facilities Restoration, who

9 shall have the principal duty of providing overall su10 pervision of environmental restoration of defense nu11 clear weapons facilities.

12 ‘‘(7) ASSISTANT SECRETARY FOR DEFENSE NU13 CLEAR LABORATORIES.—One of the Assistant Secre14 taries shall be the Assistant Secretary for Defense

15 Nuclear Laboratories, who shall have the principal

16 duty of providing overall supervision of the oversight

17 of the functions and budgets of the Sandia National

18 Laboratories, the Los Alamos National Laboratory,

19 and the Lawrence Livermore National Laboratory.’’.

20 (e) INSPECTOR GENERAL.—

21 (1) IN GENERAL.—There shall be an Inspector

22 General of the Administration, who shall be ap23 pointed as provided in section 3 of the Inspector

24 General Act of 1978 (5 U.S.C. App. 3).
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1 (2) DUTIES.—The Inspector General shall per2 form the duties, have the responsibilities, and exer3 cise the powers specified in the Inspector General

4 Act of 1978 (5 U.S.C. App. 3).

5 (f) GENERAL COUNSEL.—

6 (1) IN GENERAL.—There shall be a General

7 Counsel of the Administration, who shall be ap8 pointed by the Under Secretary of Defense for De9 fense Nuclear Programs.

10 (2) DUTIES.—The General Counsel shall be the

11 chief legal officer for all legal matters arising from

12 the conduct of the functions of the Administration.

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

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

15 ‘‘the Under Secretary of Defense for Defense Nuclear Pro16 grams,’’ after ‘‘the Under Secretary of Defense for Acqui17 sition and Technology,’’.

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

19 4 of title 10, United States Code, is amended by inserting

20 after the item relating to section 133a the following:

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

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

21 SEC. 502. FUNCTIONS OF DEFENSE NUCLEAR PROGRAMS

22 ADMINISTRATION.

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

24 Nuclear Programs shall be responsible for the exercise of
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1 all powers and the discharge of all duties of the Defense

2 Nuclear Programs Administration.

3 (b) TRANSFERRED FUNCTIONS.—The Under Sec4 retary for Defense Nuclear Programs shall carry out all

5 functions transferred to the Under Secretary under sec6 tion 503.

7 (c) STAFF DIRECTOR OF NUCLEAR WEAPONS COUN8 CIL.—Section 179(c) of title 10, United States Code, is

9 amended by striking paragraph (2) and inserting the fol10 lowing:

11 ‘‘(2) The Under Secretary for Defense Nuclear Pro12 grams shall be the Staff Director of the Council.’’.

13 SEC. 503. TRANSFERS OF FUNCTIONS.

14 (a) DEPARTMENT OF ENERGY.—

15 (1) NATIONAL SECURITY FUNCTIONS.—There

16 are transferred to the Under Secretary for Defense

17 Nuclear Programs all functions performed by the

18 Department of Energy on the day before the date of

19 enactment of this Act relating to the national secu20 rity functions of the Department, including defense,

21 nonproliferation, and defense-related environmental

22 management programs.

23 (2) OVERSIGHT FUNCTIONS.—There are trans24 ferred to the Under Secretary for Defense Nuclear

25 Programs all functions performed by the Depart-
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1 ment of Energy on the day before the date of enact2 ment of this Act relating to the oversight of the de3 fense and nondefense functions and budgets of the

4 following energy laboratories:

5 (A) Sandia National Laboratories, Albu6 querque, New Mexico, and Livermore, Cali7 fornia.

8 (B) Los Alamos National Laboratory, Los

9 Alamos, New Mexico.

10 (C) Lawrence Livermore National Labora11 tory, California.

12 (b) DEFENSE NUCLEAR AGENCY.—There are trans13 ferred to the Under Secretary for Defense Nuclear Pro14 grams all functions performed by the Defense Nuclear

15 Agency of the Department of Defense on the day before

16 the date of enactment of this Act relating to nuclear weap17 ons systems.

18 (c) DEFENSE NUCLEAR FACILITIES SAFETY

19 BOARD.—There are transferred to the Under Secretary

20 for Defense Nuclear Programs all functions performed by

21 the Defense Nuclear Facilities Safety Board on the day

22 before the date of enactment of this Act.

23 (d) OTHER NUCLEAR WEAPONS-RELATED FUNC24 TIONS.—The Secretary of Defense may transfer to the

25 Under Secretary for Defense Nuclear Programs such
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1 other functions performed in the Department of Defense

2 on the day before the date of enactment of this Act relat3 ing to nuclear weapons as the Secretary considers appro4 priate.

5 (e) CONFORMING REPEALS.—

6 (1) ASSISTANT TO THE SECRETARY OF DE7 FENSE FOR ATOMIC ENERGY.—(A) Section 141 of

8 title 10, United States Code, is repealed.

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

10 chapter 4 of title 10, United States Code, is amend11 ed by striking the item relating to section 141.

12 (2) DEFENSE NUCLEAR FACILITIES SAFETY

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

14 1954 (42 U.S.C. 2286) is repealed.

15 (3) REFERENCES.—Any reference to the Assist16 ant Secretary of Defense for Atomic Energy or the

17 Defense Nuclear Facilities Safety Board in any law

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

19 United States shall be treated as a reference to the

20 Under Secretary for Defense Nuclear Programs.

21 SEC. 504. LIMITATION ON TRANSFERS OF FUNDS.

22 (a) APPROPRIATIONS TO THE DEFENSE NUCLEAR

23 PROGRAMS ADMINISTRATION.—No amount appropriated

24 to the Defense Nuclear Programs Administration may be

25 transferred to any other account (other than another ac-
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1 count of the Defense Nuclear Programs Administration)

2 unless the transfer of such amount to such account is spe3 cifically authorized by law.

4 (b) OTHER APPROPRIATIONS.—No amount appro5 priated to the Department of Defense or another depart6 ment or agency may be transferred to the Under Secretary

7 for Defense Nuclear Programs or to an account for the

8 Administration unless the transfer of the amount to that

9 account is specifically authorized by law.

10 SEC. 505. TRANSITION PROVISIONS.

11 (a) EXERCISE OF AUTHORITIES.—Except as other12 wise provided by law, the Under Secretary for Defense

13 Nuclear Programs may, for purposes of performing a

14 function that is transferred to the Under Secretary by this

15 Act, exercise all authorities under any other provision of

16 law that were available with respect to the performance

17 of that function to the official responsible for the perform18 ance of that function on the day before the date of enact19 ment of this Act.

20 (b) AUTHORITIES TO WIND UP AFFAIRS.—

21 (1) IN GENERAL.—

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

23 the Office of Management and Budget may

24 take such actions as the Director considers nec25 essary to wind up any outstanding affairs of—
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1 (i) the Department of Energy associ2 ated with the functions that are trans3 ferred under to section 503(a); and

4 (ii) the Defense Nuclear Facilities

5 Safety Board.

6 (B) SECRETARY OF DEFENSE.—The Sec7 retary of Defense may take such actions as the

8 Secretary considers necessary to wind up any

9 outstanding affairs of the Defense Nuclear

10 Agency associated with the functions that are

11 transferred under section 503(b), any out12 standing affairs of the Department of Defense

13 associated with any functions that may be

14 transferred under section 503(d), and any out15 standing affairs of the Assistant to the Sec16 retary of Defense for Atomic Energy.

17 (C) SECRETARY OF THE NAVY.—The Sec18 retary of the Navy may take such actions as the

19 Secretary considers necessary to wind up any

20 outstanding affairs of the Strategic Systems

21 Programs of the Department of the Navy asso22 ciated with the functions that are transferred

23 under section 503(c).

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

25 personnel, property, records, and unexpended bal-
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1 ances of appropriations, allocations, and other funds

2 employed, used, held, available, or to be made avail3 able in connection with a function transferred to the

4 Under Secretary for Defense Nuclear Programs by

5 this Act are transferred to the Under Secretary for

6 use in connection with the functions transferred.

7 (3) FURTHER MEASURES AND DISPOSITIONS.—

8 Such further measures and dispositions as the Presi9 dent considers necessary to effectuate the transfers

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

11 in such manner as the President directs and by the

12 heads of such agencies as the President designates.

13 SEC. 506. TECHNICAL AND CONFORMING AMENDMENTS.

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

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

16 amended—

17 (1) in paragraph (1), by inserting after ‘‘Inter18 national Development,’’ the following: ‘‘the Defense

19 Nuclear Programs Administration,’’; and

20 (2) in paragraph (2), by striking ‘‘or the Social

21 Security Administration;’’ and inserting in lieu

22 thereof ‘‘the Social Security Administration, or the

23 Defense Nuclear Programs Administration;’’.

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

25 title 5, United States Code, is amended by inserting after
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1 the item relating to the Under Secretary of Defense for

2 Acquisition and Technology the following:

3 ‘‘Under Secretary of Defense for Defense Nu4 clear Programs.’’.

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

6 amended by inserting after the item relating to the Deputy

7 Under Secretary of Defense for Acquisition and Tech8 nology the following:

9 ‘‘Deputy Under Secretary of Defense for De10 fense Nuclear Programs.’’.

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

12 amended by striking out the item relating to the Assistant

13 Secretaries of Defense and inserting in lieu thereof the

14 following:

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

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

17 amended by inserting after the item relating to the Deputy

18 General Counsel of the Department of Defense the fol19 lowing:

20 ‘‘General Counsel of the Defense Nuclear Pro21 grams Administration.’’.

22 SEC. 507. EFFECTIVE DATE AND TRANSITION PERIOD.

23 (a) EFFECTIVE DATE.—Except as provided in sub24 section (b), this title shall take effect on the date of enact25 ment of this Act.
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1 (b) DELAYED EFFECTIVE DATE FOR ESTABLISH2 MENT OF ADMINISTRATION AND TRANSFERS OF FUNC3 TIONS.—Section 501(a) and section 503 shall take effect

4 on the date that is one year after the date of enactment

5 of this Act.

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

7 the Secretary of Energy, the Assistant to the Secretary

8 of Defense for Atomic Energy, and the Defense Nuclear

9 Facilities Safety Board shall, beginning as soon as prac10 ticable after the date of enactment of this Act, plan for

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

12 the Defense Nuclear Programs Administration under this

13 Act.

14 (d) APPOINTMENT AUTHORITY.—The President may

15 make appointments under section 501 notwithstanding the

16 delayed effective date under subsection (b) for the estab17 lishment of the Defense Nuclear Programs Administra18 tion.
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1 TITLE VI—ENVIRONMENTAL

2 RESTORATION ACTIVITIES AT

3 DEFENSE NUCLEAR FACILI4 TIES

5 SEC. 601. ENVIRONMENTAL RESTORATION ACTIVITIES AT

6 DEFENSE NUCLEAR FACILITIES.

7 The Comprehensive Environmental Response, Com8 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et

9 seq.) is amended by adding at the end the following:

10 ‘‘TITLE V—ENVIRONMENTAL

11 RESTORATION ACTIVITIES AT

12 DEFENSE NUCLEAR FACILI13 TIES

14 ‘‘Subtitle A—General Provisions

15 ‘‘SEC. 501. APPLICABILITY.

16 ‘‘Notwithstanding section 120, this title shall apply

17 with respect to selection of remedial actions at defense nu18 clear facilities.

19 ‘‘SEC. 502. DEFINITIONS.

20 ‘‘In this title:

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

22 ‘defense nuclear facility’ means—

23 ‘‘(A) a production facility or utilization fa24 cility (as those terms are defined in section 11

25 of the Atomic Energy Act of 1954 (42 U.S.C.
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1 2014)) that is under the control or jurisdiction

2 of the Under Secretary of Defense for Defense

3 Nuclear Programs and that is operated for na4 tional security purposes (including the tritium

5 loading facility at Savannah River, South Caro6 lina, the 236 H facility at Savannah River,

7 South Carolina, and the Mound Laboratory,

8 Ohio), but the term does not include any facil9 ity that does not conduct atomic energy defense

10 activities and does not include any facility or

11 activity covered by Executive Order Number

12 12344, dated February 1, 1982, pertaining to

13 the naval nuclear propulsion program;

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

15 facility that is under the control or jurisdiction

16 of the Under Secretary of Defense for Defense

17 Nuclear Programs;

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

19 under the control or jurisdiction of the Under

20 Secretary of Defense for Defense Nuclear Pro21 grams and that is operated for national security

22 purposes (including the Nevada Test Site, Ne23 vada, the Pinnellas Plant, Florida, and the

24 Pantex facility, Texas);
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1 ‘‘(D) an atomic weapons research facility

2 that is under the control or jurisdiction of the

3 Under Secretary of Defense for Defense Nu4 clear Programs (including the Lawrence Liver5 more, Los Alamos, and Sandia National Lab6 oratories); and

7 ‘‘(E) a facility described in subparagraphs

8 (A) through (D) that—

9 ‘‘(i) is no longer in operation;

10 ‘‘(ii) was under the control or jurisdic11 tion of the Department of Defense, the

12 Atomic Energy Commission, the Energy

13 Research and Development Administration,

14 or the Department of Energy; and

15 ‘‘(iii) was operated for national secu16 rity purposes.

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

18 Secretary’ means the Under Secretary of Defense

19 for Defense Nuclear Programs.

20 ‘‘Subtitle B—Selection of Remedial

21 Action

22 ‘‘SEC. 511. REVIEW OF ONGOING AND PLANNED REMEDIAL

23 ACTIONS.

24 ‘‘(a) IN GENERAL.—Not later than 1 year after the

25 date of enactment of this title, the Under Secretary shall
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1 review each remedial action described in subsection (d) for

2 purposes of determining whether the remedial action was

3 selected in a manner consistent with the requirements of

4 this subtitle.

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

6 Under Secretary determines the selection was not con7 sistent with the requirements of this subtitle, the Under

8 Secretary shall modify the remedial action in a manner

9 consistent with the requirements of this subtitle.

10 ‘‘(c) MINIMIZATION OF DELAYS.—The Under Sec11 retary shall, to the maximum extent practicable, ensure

12 the minimization of any delays in the performance of re13 medial action that result from the Under Secretary’s ac14 tivities under subsection (a).

15 ‘‘(d) APPLICATION OF SECTION.—This section ap16 plies to any remedial action at a defense nuclear facility—

17 ‘‘(1) that is being performed as of the date of

18 enactment of this title, including a facility for which

19 construction is ongoing or has been completed as of

20 that date; or

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

22 not yet commenced as of such date of enactment.

23 ‘‘SEC. 512. SELECTION OF REMEDIAL ACTION.

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

25 a remedial action for a defense nuclear facility based on
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1 consideration of a site-specific risk assessment conducted

2 in accordance with section 513 and an analysis of risk re3 duction benefits and costs conducted in accordance with

4 section 514.

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

6 In selecting a remedial action, the Under Secretary shall

7 select the lowest cost action which achieves a residual risk

8 that is within the risk range goal established by the Na9 tional Contingency Plan for protection of public health

10 and the environment, unless—

11 ‘‘(1) the incremental benefits of a more expen12 sive remedial action justify incurring the incremental

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

14 the analysis of risk reductions cost and benefits for

15 the remedial action under section 514, in which case

16 a more expensive remedy may be selected; or

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

18 which achieves a residual risk level within the risk

19 range goal are not reasonably related to the costs of

20 such remedy, in which case a less expensive remedy

21 may be selected.

22 ‘‘(c) CONSULTATION.—

23 ‘‘(1) IN GENERAL.—Before selection of a reme24 dial action and before public comment under sub25 section (d), the Under Secretary shall consult with
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1 the Administrator, officials of State, local, or tribal

2 governments having jurisdiction over the property

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

4 Federal jurisdiction, having jurisdiction over the sur5 rounding areas.

6 ‘‘(2) MATTERS TO BE ADDRESSED.—Consulta7 tion under paragraph (1) shall include discussion of,

8 at a minimum, current area demographics, land and

9 water uses, and currently planned land and water

10 uses, the determination of which shall remain the

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

12 government with jurisdiction.

13 ‘‘(d) PUBLIC COMMENT.—Before selection of a reme14 dial action, the Under Secretary shall provide a period of

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

16 action.

17 ‘‘(e) CERTIFICATION.—When selecting a remedial ac18 tion, the Under Secretary shall certify that—

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

20 costs for the remedial action under section 514 is

21 based on objective and unbiased scientific and eco22 nomic evaluations of all significant and relevant in23 formation and on risk assessments provided to the

24 Under Secretary by interested parties relating to the
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1 costs, risks, and risk reduction and other benefits

2 of the remedial action selected;

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

4 benefits of the remedial action will be likely to jus5 tify, and be reasonably related to, the incremental

6 costs incurred by the Federal Government, by State,

7 local, and tribal governments, and other public and

8 private entities; and

9 ‘‘(3) alternative remedial actions identified or

10 considered by the Under Secretary were found to be

11 less cost-effective at achieving a substantially equiva12 lent reduction in risk.

13 ‘‘(f) ADMINISTRATIVE RECORD.—All documents con14 sidered by the Under Secretary shall be made part of the

15 administrative record for purposes of judicial review.

16 ‘‘SEC. 513. SITE-SPECIFIC RISK ASSESSMENT.

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

18 shall be performed in accordance with this section before

19 the selection of a remedial action at a defense nuclear fa20 cility.

21 ‘‘(b) PRINCIPLES.—

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

23 apply the principles described in paragraph (3) to

24 ensure that a site-specific risk assessment—
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1 ‘‘(A) distinguishes scientific findings from

2 other considerations;

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

4 objective, unbiased, and inclusive of all relevant

5 data; and

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

7 practicable, on factual site-specific data.

8 ‘‘(2) NO REPETITION.—Discussions or expla9 nations required under this section need not be re10 peated in each risk assessment document if there is

11 a reference to the relevant discussions or explanation

12 in another agency document that is available to the

13 public.

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

15 in conducting a site-specific risk assessment are as

16 follows:

17 ‘‘(A) HUMAN HEALTH RISKS.—

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

19 a discussion of human health risks, a site20 specific risk assessment shall contain a dis21 cussion of both relevant laboratory and rel22 evant epidemiologic data of sufficient qual23 ity which finds, or fails to find, a correla24 tion between health risks and a potential

25 toxin or activity.
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1 ‘‘(ii) CONFLICTS.—If conflicts among

2 those data appear to exist or animal data

3 are used as a basis to assess human

4 health, the site-specific risk assessment

5 shall, to the extent feasible and appro6 priate, include discussion of possible rec7 onciliation of conflicting information, and,

8 as relevant, differences in study designs,

9 comparative physiology, routes of exposure,

10 bioavailability, pharmacokinetics, and any

11 other relevant factor, including the suffi12 ciency of basic data for review.

13 ‘‘(iii) RECONCILIATION.—The discus14 sion of possible reconciliation should indi15 cate whether there is a biological basis to

16 assume a resulting harm in humans.

17 ‘‘(iv) ANIMAL DATA.—Animal data

18 shall be reviewed with regard to its rel19 evancy to humans.

20 ‘‘(B) DEFAULT VALUE, ASSUMPTION, IN21 FERENCE, OR MODEL.—If a site-specific risk

22 assessment involves selection of any significant

23 default value, assumption, inference, or model,

24 the risk assessment document shall, to the ex25 tent feasible—
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1 ‘‘(i) present a representative list and

2 explanation of plausible and alternative as3 sumptions, inferences, or models;

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

5 ‘‘(iii) identify any policy or value judg6 ments;

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

8 the risk assessment and make explicit the

9 assumptions incorporated in the model;

10 and

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

12 significant model has been validated by, or

13 conflicts with, empirical data.

14 ‘‘(C) RISK CHARACTERIZATION AND COM15 MUNICATION.—The site-specific risk assessment

16 shall meet each of the following requirements

17 regarding risk characterization and communica18 tion:

19 ‘‘(i) RISK CHARACTERIZATION.—

20 ‘‘(I) DESCRIPTION OF POPU21 LATIONS.—The risk characterization

22 shall describe the populations or nat23 ural resources that are the subject of

24 the risk characterization.
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1 ‘‘(II) NUMERICAL ESTIMATES.—

2 If a numerical estimate of risk is pro3 vided, the Under Secretary shall, to

4 the extent feasible, provide—

5 ‘‘(aa) the best estimate or

6 estimates for the specific popu7 lations or natural resources

8 which are the subject to the char9 acterization (based on the infor10 mation available to the Under

11 Secretary); and

12 ‘‘(bb) a statement of the

13 reasonable range of scientific un14 certainties.

15 ‘‘(III) OTHER ESTIMATES.—In

16 addition to best estimate or estimates

17 under subclause (I)(aa), the risk char18 acterization document may present

19 plausible upper-bound or conservative

20 estimates in conjunction with plau21 sible lower-bound estimates.

22 ‘‘(IV) MULTIPLE BEST ESTI23 MATES.—If appropriate, the risk char24 acterization document may present, in

25 lieu of a single best estimate, multiple
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1 best estimates based on assumptions,

2 inferences, or models which are equal3 ly plausible, given current scientific

4 understanding.

5 ‘‘(V) DISTRIBUTION AND PROB6 ABILITY OF RISK.—To the extent

7 practicable and appropriate, the risk

8 characterization document shall pro9 vide descriptions of the distribution

10 and probability of risk estimates to re11 flect differences in exposure variability

12 or sensitivity in populations and at13 tendance uncertainties.

14 ‘‘(VI) SUBPOPULATIONS.—Sen15 sitive subpopulations or highly ex16 posed subpopulations include, to the

17 extent relevant and appropriate, chil18 dren, the elderly, pregnant women,

19 and disabled persons.

20 ‘‘(ii) EXPOSURE SCENARIOS.—

21 ‘‘(I) IN GENERAL.—Exposure

22 scenarios shall be based on actual ex23 posure pathways and currently

24 planned future land and water uses as

25 established by any local governmental
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1 authorities with jurisdiction over the

2 property and shall consider the avail3 ability of alternative water supplies.

4 ‘‘(II) SIZE OF POPULATION AT

5 RISK.—To the extent feasible, the

6 site-specific risk assessment shall in7 clude a statement of the size of the

8 population at risk under any proposed

9 exposure scenario and the likelihood

10 of such scenario.

11 ‘‘(III) EXPOSURE PATHWAYS.—

12 Exposure scenarios shall explicitly

13 identify any exposure scenarios that

14 result in plausible completed exposure

15 pathways.

16 ‘‘(iii) MAGNITUDE OF RISKS.—

17 ‘‘(I) IN GENERAL.—A site-spe18 cific risk assessment shall contain a

19 statement that places the magnitude

20 of risks to human health, safety, or

21 the environment in context.

22 ‘‘(II) COMPARISONS WITH OTHER

23 RISKS.—A statement under subclause

24 (I) shall, to the extent feasible, pro25 vide comparisons with estimates of
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1 greater, lesser, and substantially

2 equivalent risks that are familiar to

3 and routinely encountered by the gen4 eral public as well as other risks, and

5 to the extent appropriate and mean6 ingful, comparisons of those risks with

7 other similar risks regulated by the

8 Under Secretary resulting from com9 parable activities and exposure path10 ways.

11 ‘‘(III) DISTINCTIONS AMONG

12 RISKS.—In formulating comparisons

13 under subclause (II), the Under Sec14 retary should consider relevant dis15 tinctions among risks, such as the vol16 untary or involuntary nature of risks

17 and the preventability or nonprevent18 ability of risks.

19 ‘‘(iv) RISKS TO HUMAN HEALTH.—

20 Each site-specific risk assessment shall in21 clude a statement of any significant substi22 tution risks to human health, if informa23 tion on such risks has been provided to the

24 Under Secretary.
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1 ‘‘(v) RISK ASSESSMENTS BY COM2 MENTERS.—

3 ‘‘(I) IN GENERAL.—If a com4 menter provides the Under Secretary

5 with a relevant risk assessment and a

6 summary of the risk assessment in a

7 timely fashion and the risk assess8 ment is consistent with the principles

9 and the guidance provided under this

10 section, the Under Secretary shall, to

11 the extent feasible, present the sum12 mary in connection with the presen13 tation of the site-specific risk assess14 ment.

15 ‘‘(II) RULE OF CONSTRUC16 TION.—Nothing in subclause (I) shall

17 be construed to limit the inclusion of

18 any comments or material supplied by

19 any person to the administrative

20 record of any proceeding.

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

22 site-specific risk assessment may satisfy the re23 quirements of subparagraph (C) (iii), (iv), or

24 (v) by reference to information or material oth25 erwise available to the public if the document
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1 provides a brief summary of the information or

2 material.

3 ‘‘SEC. 514. ANALYSIS OF RISK REDUCTION BENEFITS AND

4 COSTS.

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

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

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

10 reduction benefits and costs for a remedial action shall

11 contain—

12 ‘‘(1) an identification of reasonable alternative

13 strategies, including strategies that are proposed

14 during a public comment period;

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

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

18 or considered, which costs and benefits shall be

19 quantified to the extent feasible and appropriate and

20 may otherwise be qualitatively described;

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

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

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

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

4 public as well as other risks and, to the extent ap5 propriate and meaningful, comparisons of those risks

6 with other similar risks regulated by the Federal

7 Government resulting from comparable activities and

8 exposure pathways, and which comparisons should

9 reflect consideration of relevant distinctions among

10 risks, such as the voluntary or involuntary nature of

11 risks and the preventability or nonpreventability of

12 risks; and

13 ‘‘(4) an analysis of whether the identified bene14 fits of the remedial action are likely to exceed the

15 identified costs of the remedial action.’’.

16 SEC. 602. CONFORMING AMENDMENT.

17 Section 120(a)(3) of the Comprehensive Environ18 mental Response, Compensation, and Liability Act of

19 1980 (42 U.S.C. 9620(a)(3)) is amended by inserting

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

21 shall not apply to the extent otherwise provided in title

22 IV with respect to selection of remedial actions at defense

23 nuclear facilities.’’.
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1 SEC. 603. RENEGOTIATION OF COMPLIANCE AGREEMENTS.

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

3 nuclear facility’’ has the meaning given the term in section

4 502 of the Comprehensive Environmental Response, Com5 pensation, and Liability Act of 1980 (as added by section

6 601).

7 (b) REQUIREMENT.—For each defense nuclear facil8 ity with respect to which a compliance agreement has been

9 entered into by the Secretary, the Administrator of the

10 Environmental Protection Agency, and a State as of the

11 date of enactment of this Act, the Under Secretary of De12 fense for Defense Nuclear Programs shall enter into nego13 tiations with the Environmental Protection Agency and

14 the State concerned to renegotiate the terms of the compli15 ance agreement to reflect title IV of the Comprehensive

16 Environmental Response, Compensation, and Liability Act

17 of 1980, as added by section 601.

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

19 Defense Nuclear Programs shall complete renegotiation of

20 compliance agreements as required by subsection (a) not

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

22 of this Act.
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1 TITLE VII—CIVILIAN RADIO2 ACTIVE WASTE MANAGEMENT

3 SEC. 701. TRANSFER OF AUTHORITY TO THE SECRETARY

4 OF THE ARMY.

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

6 calendar month beginning after the date of enactment of

7 this Act, the Nuclear Waste Policy Act of 1982 is amend8 ed by striking section 304 (42 U.S.C. 10224) and insert9 ing the following:

10 ‘‘SEC. 304. ARMY CORPS OF ENGINEERS.

11 ‘‘(a) TRANSFER.—

12 ‘‘(1) IN GENERAL.—The Office of Civilian Ra13 dioactive Waste Management (referred to in this sec14 tion as the ‘office’) is terminated, and the authority

15 and assets of the office with respect to its activities

16 under title I respecting a repository for radioactive

17 waste and spent nuclear fuel is transferred to the

18 Army Corps of Engineers (referred to in this section

19 as the ‘Corps’).

20 ‘‘(2) ASSUMPTION OF OBLIGATIONS.—In con21 nection with the transfer, the Corps shall assume all

22 contracts and other obligations of the office with re23 spect to the Yucca Mountain site and the permits

24 from the State of Nevada for the site shall be re25 issued for the Corps.
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1 ‘‘(b) YUCCA MOUNTAIN SITE.—

2 ‘‘(1) IN GENERAL.—The Corps shall review the

3 characterization plan of, and the work undertaken

4 by, the office for the Yucca Mountain site. Effective

5 6 months after the transfer under subsection (a),

6 the Corps shall prepare its own site characterization

7 plan in accordance with section 113.

8 ‘‘(2) REVIEW AND COMMENTS.—The plan shall

9 be submitted to the Nuclear Waste Technical Review

10 Board for its review and comments.

11 ‘‘(3) DESIGN AND CONSTRUCTION.—If the

12 Yucca Mountain site is found to be suitable, the

13 Corps shall be responsible for managing the design

14 and construction of the site.

15 ‘‘(4) OPERATION.—After the site is completed,

16 the site shall be operated by the Corps in accordance

17 with this Act.

18 ‘‘(5) BENEFITS.—The Corps shall provide bene19 fits to the State of Nevada in accordance with sub20 title F of title I.

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

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

23 characterization plan for another site.’’.

24 (b) CONFORMING AMENDMENTS.—
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1 (1) TABLE OF CONTENTS.—The table of con2 tents in section 1 of the Nuclear Waste Policy Act

3 of 1982 (42 U.S.C. prec. 10101) is amended by

4 striking the item relating to section 304 and insert5 ing the following:

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

6 (2) REFERENCES TO THE SECRETARY OF EN7 ERGY.—

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

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

10 10101(20)) is amended by striking ‘‘Secretary

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

12 Army’’.

13 (B) SECTION 111.—Section 111(a)(5) of

14 the Nuclear Waste Policy Act of 1982 (42

15 U.S.C. 10131(a)(5)) is amended by striking

16 ‘‘Secretary of Energy’’ and inserting ‘‘Sec17 retary’’.

18 (3) REFERENCES TO THE DEPARTMENT OF EN19 ERGY.—

20 (A) DEFINITION.—Section 2(8) of the Nu21 clear Waste Policy Act of 1982 (42 U.S.C.

22 10101(8)) is amended by striking ‘‘Department

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

24 Army’’.
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1 (B) NUCLEAR WASTE TECHNICAL REVIEW

2 BOARD.—Section 502(b)(3)(C) of the Nuclear

3 Waste Policy Act of 1982 (42 U.S.C.

4 10262(b)(3)(C)) is amended by striking clause

5 (iii) and inserting the following:

6 ‘‘(iii) LIMITATION ON NOMINA7 TIONS.—No person shall be nominated for

8 appointment to the Board who is an em9 ployee of—

10 ‘‘(I) the Department of Defense;

11 ‘‘(II) a national laboratory under

12 contract with the Department of De13 fense; or

14 ‘‘(III) an entity performing high15 level radioactive waste or spent nu16 clear fuel activities under contract

17 with the Department of Defense.’’.

18 (C) OTHER PROVISIONS.—The Nuclear

19 Waste Policy Act of 1982 is amended in each

20 of the following provisions by striking ‘‘Depart21 ment of Energy’’ and inserting ‘‘Department’’:

22 (i) Section 136(f)(2) (42 U.S.C.

23 10157(f)(2)).

24 (ii) Section 224(b) (42 U.S.C.

25 10204(b)).
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1 (iii) Section 302(e)(2) (42 U.S.C.

2 10222(e)(2)).

3 (4) REFERENCE TO THE OFFICE OF CIVILIAN

4 WASTE MANAGEMENT.—Section 2 of the Nuclear

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

6 amended by striking paragraph (17).

7 SEC. 702. REAFFIRMATION OF OBLIGATION TO ACCEPT RA8 DIOACTIVE WASTE AND SPENT NUCLEAR

9 FUEL BY 2000.

10 (a) FINDINGS AND PURPOSES.—

11 (1) FINDINGS.—Congress finds that—

12 (A) the generation of electricity by nuclear

13 reactors results in the production of spent nu14 clear fuel;

15 (B) about 24,000 metric tons of spent nu16 clear fuel have been produced by the Nation’s

17 operating nuclear power plants, and an addi18 tional 50,000 metric tons of spent nuclear fuel

19 is expected to be produced during the terms of

20 their current licenses;

21 (C) the vast majority of commercial spent

22 nuclear fuel is currently stored in individual

23 water-filled pools at reactor sites throughout

24 the Nation;
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1 (D) the storage pools for the temporary

2 storage of spent nuclear fuel are nearing capac3 ity at many of the reactor sites;

4 (E) since the beginning of the commercial

5 nuclear power industry in the 1960’s, the Fed6 eral Government has had the responsibility to

7 provide for the disposal of commercial spent nu8 clear fuel;

9 (F) Congress enacted the Nuclear Waste

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

11 in order to codify the Federal responsibility and

12 policy to provide for the safe and timely dis13 posal of spent nuclear fuel by establishing a

14 schedule for the siting, construction, and oper15 ation of deep geologic repositories, assigning the

16 responsibility for implementation of the pro17 gram to the Department of Energy, and estab18 lishing the Nuclear Waste Fund to cover the

19 costs of the Federal disposal program to be

20 paid by utility ratepayers and owners;

21 (G) since the enactment of the Nuclear

22 Waste Policy Act of 1982, utility ratepayers

23 and owners have paid more than

24 $10,000,000,000 into the Nuclear Waste Fund;
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1 (H) under the schedule established in the

2 Nuclear Waste Policy Act of 1982, the Depart3 ment of Energy, in return for the payment of

4 the fees by utility ratepayers and owners, is di5 rected to dispose of spent nuclear fuel begin6 ning not later than January 31, 2000;

7 (I) despite the 14 years that have passed

8 since the enactment of the Nuclear Waste Pol9 icy Act of 1982 and the expenditure of over

10 $4,000,000,000, the Department of Energy has

11 fallen behind schedule, and the projected date

12 for commencement of operation of a repository,

13 under optimistic assumptions, is 2010;

14 (J) the Nuclear Waste Policy Act of 1982

15 currently prohibits the selection of a site for a

16 monitored retrievable storage facility until a

17 site for a permanent repository has been se18 lected;

19 (K) the Federal Government, under the

20 Nuclear Waste Policy Act of 1982, has an abso21 lute obligation to accept spent nuclear fuel be22 ginning not later than January 31, 1998; and

23 (L) the General Accounting Office and

24 other technical experts have indicated that
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1 greater privatization would enhance cost effi2 ciencies.

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

4 are—

5 (A) to ensure that the Secretary of the

6 Army fulfills what was formerly the responsi7 bility of the Secretary of Energy to site, con8 struct, and operate temporary and permanent

9 nuclear waste disposal facilities in a safe and

10 timely manner; and

11 (B) to reaffirm that, as the courts have

12 held, the Federal Government was obligated

13 under the Nuclear Waste Policy Act of 1982 to

14 provide for the safe disposal of spent nuclear

15 fuel beginning not later than January 31, 1998.

16 (b) REAFFIRMATION OF OBLIGATION OF SECRETARY

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

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

19 at the end the following:

20 ‘‘(7) ABSOLUTE OBLIGATION.—The obligation

21 of the Secretary under paragraph (5) to accept high22 level radioactive waste and spent nuclear fuel begin23 ning not later than January 31, 2000, is absolute

24 and is not dependent on the commencement of oper25 ation of a repository or a monitored retrievable stor-
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1 age facility. That obligation shall not be voided or

2 delayed for any reason.’’.

3 (c) REPEAL OF LICENSING CONDITIONS.—Section

4 148 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.

5 10168) is amended by striking subsection (d).

6 SEC. 703. INTERIM STORAGE PROGRAM.

7 (a) FINDINGS AND PURPOSES.—Section 131 of the

8 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10151) is

9 amended—

10 (1) in subsection (a)—

11 (A) in paragraph (1), by adding ‘‘and’’ at

12 the end;

13 (B) in paragraph (2), by striking ‘‘; and’’

14 and inserting a period; and

15 (C) by striking paragraph (3); and

16 (2) in subsection (b)—

17 (A) in paragraph (1), by striking ‘‘; and’’

18 and inserting a period;

19 (B) by striking ‘‘PURPOSES’’ and all that

20 follows through ‘‘to provide for the utilization’’

21 and inserting ‘‘PURPOSE.—The purpose of this

22 subtitle is to provide for the utilization’’; and

23 (C) by striking paragraph (2).

24 (b) STORAGE OF SPENT NUCLEAR FUEL.—
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1 (1) IN GENERAL.—Section 135 of the Nuclear

2 Waste Policy Act of 1982 (42 U.S.C. 10155) is

3 amended—

4 (A) by striking ‘‘STORAGE OF’’ and all that

5 follows through ‘‘135.’’ and inserting the fol6 lowing:

7 ‘‘SEC. 135. STORAGE OF SPENT NUCLEAR FUEL.’’;

8 (B) by striking subsection (a) and insert9 ing the following:

10 ‘‘(a) STORAGE CAPACITY.—

11 ‘‘(1) LICENSE.—The facility for the initial stor12 age of not more than 40,000 metric tons of spent

13 nuclear fuel at Area 25 of the Nevada Test Site

14 shall be licensed by the Commission for an unspec15 ified period, in accordance with the Commission’s

16 regulations governing the licensing of independent

17 spent fuel storage installations, without regard to

18 section 148(a).

19 ‘‘(2) EXPANSION.—The initial storage facility

20 shall be—

21 ‘‘(A) expandable for the transportation and

22 interim storage of up to 100,000 metric tons of

23 spent nuclear fuel; and
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1 ‘‘(B) operational not later than December

2 31, 2000, consistent with paragraph (4) and

3 sections 137(a), 141(a), and 148.

4 ‘‘(3) OBJECTIVES.—In carrying out this sub5 section, the Secretary shall seek to minimize the

6 transportation of spent nuclear fuel, the public

7 health and safety impacts, and the costs of providing

8 storage capacity.

9 ‘‘(4) COMPLIANCE WITH REQUIREMENTS.—In

10 carrying out this subsection, the Secretary shall

11 comply with applicable requirements for licensing or

12 authorization.

13 ‘‘(5) TIMELY AVAILABILITY OF STORAGE CA14 PACITY.—The Secretary shall—

15 ‘‘(A) ensure that storage capacity is made

16 available under this subsection when needed, as

17 determined on the basis of the storage needs

18 specified in contracts entered into under section

19 136(a); and

20 ‘‘(B) accept, upon request, any spent nu21 clear fuel as covered under such contracts.’’;

22 (C) in subsection (b)(1), by striking ‘‘sub23 sections (a) (1) and (d)’’ and inserting ‘‘sub24 section (a)’’;

25 (D) in subsection (c)—
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1 (i) in paragraph (1), by striking ‘‘300

2 or more metric tons of storage capacity at

3 any one Federal site under subsection

4 (a)(1)(A)’’ and inserting ‘‘storage capacity

5 under this section’’; and

6 (ii) in paragraph (2)(A), by striking

7 ‘‘any provision of less than 300 metric tons

8 of storage capacity at any one Federal site

9 under subsection (a)(1)(A) that requires

10 the modification or expansion of any facil11 ity at the site,’’ and inserting ‘‘the provi12 sion of storage capacity at Area 25 of the

13 Nevada Test Site’’;

14 (E) by striking subsections (d) and (e);

15 (F) by redesignating subsections (f)

16 through (i) as subsections (d) through (g), re17 spectively;

18 (G) in the first sentence of subsection (e)

19 (as redesignated by subparagraph (F)), by

20 striking ‘‘Administrative Procedures Act’’ and

21 inserting ‘‘title 5, United States Code’’; and

22 (H) in subsection (g) (as redesignated by

23 subparagraph (F))—
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1 (i) in the first sentence, by striking

2 ‘‘section 217’’ and inserting ‘‘section 218’’;

3 and

4 (ii) by striking the second sentence.

5 (2) CONFORMING AMENDMENTS.—

6 (A) Section 141 of the Nuclear Waste Pol7 icy Act of 1982 (42 U.S.C. 10161) is

8 amended—

9 (i) by striking subsection (g); and

10 (ii) by redesignating subsection (h) as

11 subsection (g).

12 (B) Section 142(a) of the Nuclear Waste

13 Policy Act of 1982 (42 U.S.C. 10162(a)) is

14 amended by striking ‘‘sections 144 and 145’’

15 and inserting ‘‘section 144’’.

16 (C) The Nuclear Waste Policy Act of 1982

17 is amended by striking sections 145 and 146

18 (42 U.S.C. 10165, 10166).

19 (D) Section 148 of the Nuclear Waste Pol20 icy Act of 1982 (42 U.S.C. 10168) is

21 amended—

22 (i) in subsection (a)(1), by striking

23 ‘‘Once the selection of a site is effective

24 under section 146, the requirements’’ and

25 inserting ‘‘The requirements’’; and
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1 (ii) in subsection (b), by striking

2 ‘‘Once the selection of a site for a mon3 itored retrievable storage facility is effec4 tive under section 146, the Secretary’’ and

5 inserting ‘‘The Secretary’’.

6 (3) NO EFFECT ON SELECTION OF SITE FOR

7 PERMANENT REPOSITORY.—Enactment of the

8 amendments made by paragraph (1) shall have no

9 effect on selection of a site for a permanent reposi10 tory for the storage of spent nuclear fuel.

11 (c) REVIEW OF PROGRAM.—The Secretary of the

12 Army shall review the activities of the initial storage facil13 ity program, including all cooperative agreements, inter14 national commitments, and university assistance, and

15 shall make available to those entities amounts, that are

16 commensurate with the revised program for nuclear waste

17 disposal activities.

18 (d) PROGRAM PLAN AND SCHEDULE.—Not later

19 than 90 days after the date of enactment of this Act, the

20 Secretary of the Army shall submit to Congress a revised

21 program plan and schedule, including a new 5-year budg22 et, that addresses the construction and operation of the

23 interim storage capability, the revised site characterization

24 program at the Yucca Mountain site, and the results of
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1 the Secretary’s review of the program’s institutional ac2 tivities.

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

4 date of enactment of this Act, the Comptroller General

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

6 Congress a report on the extent to which the management

7 of civilian radioactive waste by the private sector might

8 result in cost efficiencies and the means by which the re9 sponsibility for performing management of civilian radio10 active waste may be transferred to the private sector.

11 TITLE VIII—MISCELLANEOUS

12 PROVISIONS

13 SEC. 801. REFERENCES.

14 Any reference in any other Federal law, Executive

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

16 document of or pertaining to an office from which a func17 tion is transferred by this Act—

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

19 the Department of Energy, shall be deemed to refer

20 to the head of the department or office to which

21 such function is transferred; or

22 (2) to the Department of Energy, shall be

23 deemed to refer to the department or office to which

24 such function is transferred.
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1 SEC. 802. EXERCISE OF AUTHORITIES.

2 Except as otherwise provided by law, a Federal offi3 cial to whom a function is transferred by this Act may,

4 for purposes of performing the function, exercise all au5 thorities under any other provision of law that were avail6 able with respect to the performance of that function to

7 the official responsible for the performance of the function

8 immediately before the effective date of the transfer of the

9 function under this Act.

10 SEC. 803. SAVINGS PROVISIONS.

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

12 rules, regulations, permits, grants, loans, contracts, agree13 ments, certificates, licenses, and privileges—

14 (1) that have been issued, made, granted, or al15 lowed to become effective by the President, the Sec16 retary of Energy, any officer or employee of any of17 fice transferred by this Act, or any other Govern18 ment official, or by a court of competent jurisdic19 tion, in the performance of any function that is

20 transferred by this Act; and

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

22 such transfer (or become effective after such date

23 pursuant to their terms as in effect on such effective

24 date);

25 shall continue in effect according to their terms until

26 modified, terminated, superseded, set aside, or revoked in
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1 accordance with law by the President, any other author2 ized official, a court of competent jurisdiction, or operation

3 of law.

4 (b) PROCEEDINGS.—

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

6 proceedings or any application for any benefits, serv7 ice, license, permit, certificate, or financial assist8 ance pending on the date of enactment of this Act

9 before an office transferred by this Act, but such

10 proceedings and applications shall be continued.

11 (2) ORDERS, APPEALS, AND PAYMENTS.—Or12 ders shall be issued in such proceedings, appeals

13 shall be taken therefrom, and payments shall be

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

15 enacted, and orders issued in any such proceeding

16 shall continue in effect until modified, terminated,

17 superseded, or revoked by a duly authorized official,

18 by a court of competent jurisdiction, or by operation

19 of law.

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

21 subsection prohibits the discontinuance or modifica22 tion of any such proceeding under the same terms

23 and conditions and to the same extent that such pro24 ceeding could have been discontinued or modified if

25 this Act had not been enacted.
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1 (c) SUITS.—This Act shall not affect suits com2 menced before the date of enactment of this Act, and in

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

4 judgments rendered in the same manner and with the

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

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

7 or other proceeding commenced by or against the Depart8 ment of Energy or the Secretary of Energy, or by or

9 against any individual in the official capacity of such indi10 vidual as an officer or employee of an office transferred

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

12 Act.

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

14 Department of Energy or the Energy Programs Resolu15 tion Agency, in the official capacity of the officer, is a

16 party to a suit with respect to a function of the officer,

17 and under this Act the function is transferred to any other

18 officer or office, the suit shall be continued with the other

19 officer or the head of such other office, as applicable, sub20 stituted or added as a party.

21 SEC. 804. TRANSFER OF ASSETS.

22 Except as otherwise provided in this Act, so much

23 of the personnel, property, records, and unexpended bal24 ances of appropriations, allocations, and other funds em25 ployed, used, held, available, or to be made available in
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1 connection with a function transferred to an official by

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

3 times as the Director of the Office of Management and

4 Budget directs for use in connection with the functions

5 transferred.

6 SEC. 805. DELEGATION.

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

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

9 official to whom functions are transferred under this Act

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

11 transferred under this Act) may delegate any of the func12 tions so transferred to such officers and employees of the

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

14 authorize successive redelegations of such functions as

15 may be necessary or appropriate.

16 (b) NO RELIEF FROM RESPONSIBILITY.—No delega17 tion of functions under this section or under any other

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

19 function is transferred under this Act of responsibility for

20 the administration of the function.
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1 SEC. 806. AUTHORITY OF OFFICE OF MANAGEMENT AND

2 BUDGET WITH RESPECT TO FUNCTIONS

3 TRANSFERRED.

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

5 Management and Budget shall make any determination of

6 the functions that are transferred under this Act.

7 (b) INCIDENTAL TRANSFERS.—

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

9 Management and Budget, at such time or times as

10 the Director shall provide, may make such deter11 minations as may be necessary with regard to the

12 functions transferred by this Act, and to make such

13 additional incidental dispositions of personnel, as14 sets, liabilities, grants, contracts, property, records,

15 and unexpended balances of appropriations, author16 izations, allocations, and other funds held, used,

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

18 connection with such functions, as may be necessary

19 to carry out the provisions of this Act.

20 (2) TERMINATION OF AFFAIRS.—The Director

21 of the Office of Management and Budget shall pro22 vide for the termination of the affairs of all entities

23 terminated by this Act and for such further meas24 ures and dispositions as may be necessary to effec25 tuate the purposes of this Act.
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1 SEC. 807. PROPOSED CHANGES IN LAW.

2 Not later than 1 year after the date of enactment

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

4 Budget shall submit to Congress a description of any

5 changes in Federal law necessary to reflect abolishment,

6 transfers, terminations, and disposals under this Act.

7 SEC. 808. CERTAIN VESTING OF FUNCTIONS CONSIDERED

8 TRANSFER.

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

10 in a department or office pursuant to reestablishment of

11 an office shall be considered to be the transfer of the func12 tion.

Æ