I

106TH CONGRESS

1ST SESSION H. R. 1649

To abolish the Department of Energy.

IN THE HOUSE OF REPRESENTATIVES

APRIL 29, 1999

Mr. TIAHRT (for himself, Mr. ROYCE, Mr. ROHRABACHER, Mr. SANFORD,

Mrs. MYRICK, Mr. PITTS, Mr. DOOLITTLE, Mr. SUNUNU, Mr. POMBO,

Mr. COBURN, Mr. SHADEGG, Mr. GOSS, Mr. RYUN of Kansas, Mr. KASICH, Mr. FOLEY, Mr. MILLER of Florida, Mrs. KELLY, Mr. WELDON

of Florida, Mr. PAUL, Mr. BARTLETT of Maryland, Mr. DELAY, Mr.

EHRLICH, Mr. BLUNT, and Mr. MCINTOSH) introduced the following bill;

which was referred to the Committee on Commerce, and in addition to

the Committees on Armed Services, Science, Resources, Rules, and Government Reform, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To abolish the Department of Energy.

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

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:
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Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—ABOLISHMENT OF DEPARTMENT OF ENERGY

Sec. 101. Reestablishment of Department as Energy Programs Resolution

Agency.

Sec. 102. Functions.

Sec. 103. Deputy Administrator.

Sec. 104. Continuation of service of Department officers.

Sec. 105. Reorganization.

Sec. 106. Abolishment of Energy Programs Resolution Agency.

Sec. 107. GAO report.

Sec. 108. Conforming amendments.

Sec. 109. Effective date.

TITLE II—ENERGY LABORATORY FACILITIES

Sec. 201. Energy Laboratory Facilities Commission.

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

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

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

Sec. 205. Account.

Sec. 206. Reports on implementation.

Sec. 207. Congressional consideration of Commission report.

Sec. 208. Definitions.

TITLE III—PRIVATIZATION OF FEDERAL POWER MARKETING

ADMINISTRATIONS

Sec. 301. Short title.

Sec. 302. Findings.

Sec. 303. Sale of assets.

Sec. 304. Time of sales.

Sec. 305. Rate stabilization for affected customers.

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

Sec. 307. Enabling Federal studies.

Sec. 308. Bonneville Power Administration.

Sec. 309. Definitions.

TITLE IV—TRANSFER AND DISPOSAL OF RESERVES

Sec. 401. Strategic Petroleum Reserve.

Sec. 402. Disposal of remaining naval petroleum reserves.

TITLE V—NATIONAL SECURITY AND ENVIRONMENTAL

MANAGEMENT PROGRAMS

Subtitle A—Defense Nuclear Programs Administration

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

Sec. 502. Officers.

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.
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Sec. 508. Report on civilian counterpart for Naval Nuclear Propulsion Program.

Subtitle B—Environmental Restoration Activities at Defense Nuclear

Facilities

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

Sec. 522. Renegotiation of compliance agreements.

TITLE VI—DISPOSITION OF MISCELLANEOUS PARTICULAR

PROGRAMS, FUNCTIONS, AND AGENCIES OF DEPARTMENT

Sec. 601. Energy research and development.

Sec. 602. Energy Information Administration.

Sec. 603. Energy Regulatory Administration.

Sec. 604. Effective date.

TITLE VII—CIVILIAN RADIOACTIVE WASTE MANAGEMENT

Sec. 701. Nuclear waste repository.

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

Sec. 703. Initial storage facility.

TITLE VIII—MISCELLANEOUS PROVISIONS

Sec. 801. References.

Sec. 802. Exercise of authorities.

Sec. 803. Savings provisions.

Sec. 804. Transfer of assets.

Sec. 805. Delegation and assignment.

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

Sec. 807. Proposed changes in law.

Sec. 808. Certain vesting of functions considered transfer.

Sec. 809. Definitions.

1 TITLE I—ABOLISHMENT OF

2 DEPARTMENT OF ENERGY

3 SEC. 101. REESTABLISHMENT OF DEPARTMENT AS ENERGY

4 PROGRAMS RESOLUTION AGENCY.

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

8 the executive branch of the Government.

9 (b) ADMINISTRATOR.—
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1 (1) IN GENERAL.—There shall be at the head

2 of the Agency an Administrator of the Agency, who

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

4 advice and consent of the Senate. The Agency shall

5 be administered under the supervision and direction

6 of the Administrator. The Administrator shall re7 ceive compensation at the rate prescribed for level II

8 of the Executive Schedule under section 5313 of title

9 5, United States Code.

10 (2) INITIAL APPOINTMENT OF ADMINIS11 TRATOR.—Notwithstanding any other provision of

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

13 time after the date of the enactment of this Act, ap14 point an individual to serve as Administrator of the

15 Energy Programs Resolution Agency (who may be

16 the Secretary of Energy), as such position is estab17 lished under paragraph (1). An appointment under

18 this paragraph may not be construed to affect the

19 position of Secretary of Energy or the authority of

20 the Secretary before the effective date specified in

21 section 109(a).

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

23 for—

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

25 wind-up period, of all functions of the Administrator
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1 pursuant to section 102 and the other provisions of

2 this Act;

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

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

5 Federal Government under any programs terminated

6 or repealed by this Act; and

7 (3) taking such other actions as may be nec8 essary, before the termination date, to wind up any

9 outstanding affairs of the Department of Energy.

10 SEC. 102. FUNCTIONS.

11 Except as otherwise provided in this Act, the Admin12 istrator shall perform all functions that, immediately be13 fore the effective date of this section, were functions of

14 the Department of Energy (or any office of the Depart15 ment) or were performed by the Secretary of Energy or

16 any other officer or employee of the Department in the

17 capacity as such officer or employee.

18 SEC. 103. DEPUTY ADMINISTRATOR.

19 The Agency shall have a Deputy Administrator, who

20 shall—

21 (1) be appointed by and report to the Adminis22 trator; and

23 (2) shall perform such functions as may be del24 egated by the Administrator.
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1 SEC. 104. CONTINUATION OF SERVICE OF DEPARTMENT OF2 FICERS.

3 (a) CONTINUATION OF SERVICE OF SECRETARY.—

4 The individual serving on the effective date specified in

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

6 act as Administrator until the date an individual is ap7 pointed under this title to the position of Administrator,

8 or until the end of the 210-day period provided for in sec9 tion 3348 of title 5, United States Code (relating to limita10 tions on the period of time a vacancy may be filled tempo11 rarily), whichever is earlier.

12 (b) CONTINUATION OF SERVICE OF OTHER OFFI13 CERS.—An individual serving on the effective date speci14 fied in section 109(a) as an officer of the Department of

15 Energy other than the Secretary of Energy may continue

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

17 until the date an individual is appointed under this title

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

19 210-day period provided for in section 3348 of title 5,

20 United States Code (relating to limitations on the period

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

22 to that appointment, whichever is earlier.

23 (c) COMPENSATION FOR CONTINUED SERVICE.—Any

24 person—

25 (1) who acts as the Administrator under sub26 section (a), or
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1 (2) who serves under subsection (b),

2 after the effective date specified in section 109(a) and be3 fore the first appointment of a person as Administrator

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

5 at which such person was compensated before such effec6 tive date.

7 SEC. 105. REORGANIZATION.

8 The Administrator may allocate or reallocate any

9 function of the Agency pursuant to this Act among the

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

11 alter, or discontinue in the Energy Programs Resolution

12 Agency any organizational entities that were entities of

13 the Department of Energy, as the Administrator considers

14 necessary or appropriate.

15 SEC. 106. ABOLISHMENT OF ENERGY PROGRAMS RESOLU16 TION AGENCY.

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

18 under subsection (d), the Energy Programs Resolution

19 Agency is abolished.

20 (b) ABOLITION OF FUNCTIONS.—Except for func21 tions transferred or otherwise continued by this Act, all

22 functions that, immediately before the termination date,

23 were functions of the Energy Programs Resolution Agency

24 are abolished effective on the termination date.
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1 (c) PLAN FOR WINDING UP AFFAIRS.—Not later

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

3 President shall submit to the Congress a plan for winding

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

5 and not by later than the termination date under sub6 section (d).

7 (d) TERMINATION DATE.—The termination date

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

9 date of the enactment of this Act.

10 SEC. 107. GAO REPORT.

11 Not later than 180 days after the date of enactment

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

13 shall submit to the Congress a report which shall include

14 recommendations for the most efficient means of achiev15 ing, in accordance with this Act—

16 (1) the complete abolishment of the Depart17 ment of Energy; and

18 (2) the termination or transfer or other con19 tinuation of the functions of the Department of En20 ergy.

21 SEC. 108. CONFORMING AMENDMENTS.

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

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

24 ‘‘Secretary of Energy,’’.
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1 (b) EXECUTIVE DEPARTMENTS.—Section 101 of title

2 5, United States Code, is amended by striking the fol3 lowing item:

4 ‘‘The Department of Energy.’’.

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

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

7 following item:

8 ‘‘Secretary of Energy.’’.

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

10 5313 of title 5, United States Code, is amended by strik11 ing the following item:

12 ‘‘Deputy Secretary of Energy.’’.

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

14 5314 of title 5, United States Code, is amended by strik15 ing the following item:

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

17 (f) MISCELLANEOUS OFFICERS’ COMPENSATION.—

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

19 amended—

20 (A) by striking the following items:

21 ‘‘Assistant Secretaries of Energy (8).

22 ‘‘General Counsel of the Department of Energy.

23 ‘‘Administrator, Economic Regulatory Adminis24 tration, Department of Energy.
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1 ‘‘Administrator, Energy Information Adminis2 tration, Department of Energy.

3 ‘‘Inspector General, Department of Energy.

4 ‘‘Director, Office of Science, Department of En5 ergy.’’;

6 (B) by striking the following item:

7 ‘‘Chief Financial Officer, Department of En8 ergy.’’; and

9 (C) by striking the following item:

10 ‘‘Chief Information Officer, Department of En11 ergy.’’.

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

13 amended by striking the following item:

14 ‘‘Additional Officers, Department of Energy

15 (14).’’.

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

18 amended—

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

20 (E);

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

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

23 (h) DEPARTMENT OF ENERGY ORGANIZATION

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

25 provisions of the Department of Energy Organization Act
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1 (42 U.S.C. 7101 et seq.), and the items relating thereto

2 in the table of contents of that Act, are repealed:

3 (1) Sections 1 and 2.

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

5 SEC. 109. EFFECTIVE DATE.

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

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

8 after the date of the enactment of this Act.

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

12 (1) Section 101(b).

13 (2) Section 106(c).

14 (3) Section 107.

15 TITLE II—ENERGY LABORATORY

16 FACILITIES

17 SEC. 201. ENERGY LABORATORY FACILITIES COMMISSION.

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

21 the number of energy laboratories and programs at those

22 laboratories, through reconfiguration, privatization, and

23 closure, while preserving the traditional role the energy

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

2 duties specified for the Commission in this title.

3 (c) APPOINTMENT.—

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

5 composed of 7 members appointed by the President,

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

7 The President shall transmit to the Senate the

8 nominations for appointment to the Commission not

9 later than 3 months after the date of the enactment

10 of this Act.

11 (2) CONSULTATION.—In selecting individuals

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

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

16 members; and

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

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

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

3 under subsection (l).

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

5 other than meetings in which classified information is to

6 be discussed, shall be open to the public.

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

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

9 (g) PAY AND TRAVEL EXPENSES.—

10 (1) BASIC PAY.—

11 (A) PAY OF MEMBERS.—Each member,

12 other than the Chairperson, shall be paid at a

13 rate equal to the daily equivalent of the min14 imum annual rate of basic pay payable for level

15 IV of the Executive Schedule under section

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

17 day (including travel time) during which the

18 member is engaged in the actual performance of

19 duties vested in the Commission.

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

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

23 equivalent of the minimum annual rate of basic

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

2 States Code.

3 (2) TRAVEL EXPENSES.—Members shall receive

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

6 title 5, United States Code.

7 (h) DIRECTOR.—

8 (1) IN GENERAL.—The Commission shall ap9 point a Director who—

10 (A) has not served as a civilian employee

11 of the Department of Energy during the 4-year

12 period preceding the date of such appointment;

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

14 laboratory during the 5-year period preceding

15 the date of such appointment; and

16 (C) has not been an employee of a con17 tractor operating an energy laboratory during

18 the 5-year period preceding the date of such ap19 pointment.

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

21 rate of basic pay payable for level IV of the Execu22 tive Schedule under section 5315 of title 5, United

23 States Code.

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

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

4 pay of additional personnel.

5 (2) APPLICABILITY OF CERTAIN CIVIL SERVICE

6 LAWS.—The Director may make such appointments

7 without regard to the provisions of title 5, United

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

10 paid without regard to the provisions of chapter 51

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

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

15 payable for level IV of the Executive Schedule under

16 section 5315 of title 5, United States Code.

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

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

21 enactment of this Act. No employee of an energy

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

24 (4) SUPPORT FROM OTHER AGENCIES.—Upon

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

2 the Commission to assist the Commission in car3 rying out its duties under this title.

4 (5) SUPPORT FROM COMPTROLLER GENERAL.—

5 The Comptroller General of the United States shall

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

9 (j) OTHER AUTHORITY.—

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

12 the extent funds are available, the temporary or

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

15 (2) AUTHORITY TO LEASE SPACE AND ACQUIRE

16 CERTAIN PROPERTY.—The Commission may lease

17 space and acquire personal property to the extent

18 funds are available.

19 (k) FUNDING.—There are authorized to be appro20 priated to the Commission such funds as are necessary

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

22 remain available until expended.

23 (l) TERMINATION.—The Commission shall terminate

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

25 its final recommendations under section 202(f)(4).
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1 SEC. 202. PROCEDURE FOR MAKING RECOMMENDATIONS

2 FOR LABORATORY FACILITIES.

3 (a) SELECTION CRITERIA.—In making recommenda4 tions for the reconfiguration, privatization, and closure of

5 energy laboratories and termination of programs at such

6 laboratories under this section, the Secretary or the Ad7 ministrator, as appropriate, and the Commission shall—

8 (1) give strong consideration to the closure or

9 reconfiguration of energy laboratories;

10 (2) give strong consideration to consolidating

11 single-purpose laboratories into multipurpose labora12 tories;

13 (3) eliminate duplication of effort by energy

14 laboratories and reduce overhead costs as a propor15 tion of program benefits distributed through an en16 ergy laboratory;

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

18 budget for such laboratories;

19 (5) define appropriate missions for each energy

20 laboratory, and ensure that the activities of each

21 such laboratory are focused on its mission or mis22 sions;

23 (6) consider the program costs and program

24 distributions on a State and county basis, including

25 real and personal property costs associated with

26 each energy laboratory considered;
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1 (7) consider the number of participants in pro2 grams conducted through an energy laboratory and

3 staff resources involved;

4 (8) estimate the cost savings and increases that

5 would accrue through the reconfiguration of energy

6 laboratories;

7 (9) consider the potential of each energy labora8 tory to generate revenues or to offset costs;

9 (10) consider the transfer of energy laboratories

10 to other Federal agencies;

11 (11) consider the privatization of the energy

12 laboratories as an alternative to closure or reconfig13 uration; and

14 (12) be subject to the requirements of section

15 601 of this Act.

16 (b) RECOMMENDATIONS.—

17 (1) PUBLICATION AND TRANSMITTAL.—Not

18 later than 3 months after the date of the enactment

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

20 appropriate, shall publish in the Federal Register

21 and transmit to the congressional energy committees

22 and to the Commission a list of the energy labora23 tories that the Secretary or the Administrator, as

24 appropriate, recommends for reconfiguration, privat25 ization, and closure.
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1 (2) SUMMARY OF SELECTION PROCESS.—The

2 Secretary or the Administrator, as appropriate, shall

3 include, with the list of recommendations published

4 and transmitted pursuant to paragraph (1), a sum5 mary of the selection process that resulted in the

6 recommendation for each energy laboratory, includ7 ing a justification for each recommendation.

8 (c) EQUAL CONSIDERATION OF LABORATORIES.—In

9 considering energy laboratories for reconfiguration, privat10 ization, and closure, the Secretary or the Administrator,

11 as appropriate, shall consider all such laboratories equally

12 without regard to whether a laboratory has been pre13 viously considered or proposed for reconfiguration, privat14 ization, or closure by the Secretary of Energy.

15 (d) AVAILABILITY OF INFORMATION.—The Secretary

16 or the Administrator, as appropriate, shall make available

17 to the Commission and the Comptroller General of the

18 United States all information used by the Secretary or the

19 Administrator, as appropriate, in making recommenda20 tions under this section.

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

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

23 Office of Management and Budget shall issue a request

24 for proposals for the performance of an audit under para25 graph (3).
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1 (2) Within 60 days after the date of the enactment

2 of this Act, proposals shall be due in response to the re3 quest under paragraph (1).

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

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

6 Budget shall enter into a contract with an independent

7 financial consulting firm for an audit of the energy labora8 tories and their programs, facilities, and assets. Such

9 audit shall assess the commercial potential of the energy

10 labs and their programs and make recommendations on

11 how the Government could best realize such potential. The

12 audit shall be completed and transmitted to the Commis13 sion, the Secretary or the Administrator, as appropriate,

14 and the congressional energy committees within 6 months

15 after the contract is entered into under this subsection.

16 (f) REVIEW AND RECOMMENDATIONS BY THE COM17 MISSION.—

18 (1) PUBLIC HEARINGS.—After receiving the

19 recommendations from the Secretary or the Admin20 istrator, as appropriate, pursuant to subsection (b),

21 the Commission shall provide an opportunity for

22 public comment on the recommendations for a 30-

23 day period.

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

25 after the date of the enactment of this Act, the
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1 Commission shall publish in the Federal Register an

2 initial report containing the Commission’s findings

3 and conclusions based on a review and analysis of

4 the recommendations made by the Secretary or the

5 Administrator, as appropriate, and the audit con6 ducted pursuant to subsection (e), together with the

7 Commission’s recommendations for reconfiguration,

8 privatization, and closure of energy laboratories. In

9 conducting such review and analysis, the Commis10 sion shall consider all energy laboratories.

11 (3) DEVIATION FROM RECOMMENDATIONS.—In

12 making its recommendations, the Commission may

13 make changes in any of the recommendations made

14 by the Secretary or the Administrator, as appro15 priate, if the Commission determines that the Sec16 retary or the Administrator, as appropriate, deviated

17 substantially from the criteria described in sub18 section (a) in making recommendations. The Com19 mission shall explain and justify in the report any

20 recommendation made by the Commission that is

21 different from the recommendations made by the

22 Secretary or the Administrator, as appropriate.

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

24 period for public comment following publication of

25 the initial report under paragraph (2), and after full
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1 consideration of such public comments, the Commis2 sion shall, within 15 months after the date of the

3 enactment of this Act, transmit to the Secretary or

4 the Administrator, as appropriate, and the congres5 sional energy committees a final report containing

6 the recommendations of the Commission.

7 (5) PROVISION OF CERTAIN INFORMATION.—

8 After transmitting the final report under paragraph

9 (4), the Commission shall promptly provide, upon re10 quest, to any Member of Congress information used

11 by the Commission in making its recommendations.

12 (g) ASSISTANCE FROM COMPTROLLER GENERAL.—

13 The Comptroller General of the United States shall—

14 (1) assist the Commission, to the extent re15 quested, in the Commission’s review and analysis of

16 the recommendations made by the Secretary or the

17 Administrator, as appropriate, pursuant to sub18 section (b); and

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

20 the enactment of this Act, transmit to the congres21 sional energy committees and to the Commission a

22 report containing a detailed analysis of the rec23 ommendations of the Secretary or the Adminis24 trator, as appropriate, and the selection process.
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1 SEC. 203. RECONFIGURATION, PRIVATIZATION, AND CLO2 SURE OF ENERGY LABORATORIES.

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

4 Secretary or the Administrator, as appropriate, shall—

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

6 the transmittal of the final report under section

7 202(f)(4), all energy laboratories recommended for

8 reconfiguration by the Commission in such report;

9 (2) provide for and complete the privatization,

10 within 18 months after the date of the transmittal

11 of the final report under section 202(f)(4), of all en12 ergy laboratories recommended for privatization by

13 the Commission in such report; and

14 (3) except as necessary to achieve the privatiza15 tion of an energy laboratory under paragraph (2),

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

17 of the final report under section 202(f)(4), all en18 ergy laboratories recommended for closure by the

19 Commission in such report.

20 (b) CONGRESSIONAL DISAPPROVAL.—

21 (1) IN GENERAL.—The Secretary or the Admin22 istrator, as appropriate, may not carry out any re23 configuration, privatization, or closure of an energy

24 laboratory recommended by the Commission in the

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

26 joint resolution is enacted, in accordance with the
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1 provisions of section 207, disapproving the rec2 ommendations of the Commission before the earlier

3 of—

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

5 on the date on which the Commission transmits

6 the report; or

7 (B) the adjournment of Congress sine die

8 for the session during which the report is trans9 mitted.

10 (2) EXCLUDED DAYS.—For purposes of para11 graph (1) of this subsection and subsections (a) and

12 (c) of section 207, the days on which either House

13 of Congress is not in session because of an adjourn14 ment of more than three days to a day certain shall

15 be excluded in the computation of a period.

16 SEC. 204. IMPLEMENTATION OF RECONFIGURATION, PRI17 VATIZATION, AND CLOSURE ACTIONS.

18 (a) IMPLEMENTATION.—In reconfiguring,

19 privatizing, or closing an energy laboratory under this

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

21 shall—

22 (1) take such actions as may be necessary to re23 configure, privatize, or close the energy laboratory;
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1 (2) take such steps as may be necessary to en2 sure the safe keeping of all records stored at the en3 ergy laboratory; and

4 (3) reimburse other Federal agencies for ac5 tions performed at the request of the Secretary or

6 the Administrator, as appropriate, with respect to

7 any such reconfiguration, privatization, or closure,

8 and may use for such purpose funds in the Account

9 or funds appropriated to the Department of Energy

10 and available for such purpose.

11 (b) MANAGEMENT AND DISPOSAL OF PROPERTY.—

12 (1) IN GENERAL.—The Administrator of Gen13 eral Services shall delegate to the Secretary or the

14 Administrator, as appropriate, with respect to excess

15 and surplus real property and facilities located at an

16 energy laboratory reconfigured, privatized, or closed

17 under this title—

18 (A) the authority of the Secretary or the

19 Administrator, as appropriate, to utilize excess

20 property under section 202 of the Federal

21 Property and Administrative Services Act of

22 1949 (40 U.S.C. 483);

23 (B) the authority of the Secretary or the

24 Administrator, as appropriate, to dispose of
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1 surplus property under section 203 of that Act

2 (40 U.S.C. 484);

3 (C) the authority of the Secretary or the

4 Administrator, as appropriate, to grant approv5 als and make determinations under section

6 13(g) of the Surplus Property Act of 1944 (50

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

8 (D) the authority of the Secretary or the

9 Administrator, as appropriate, to determine the

10 availability of excess or surplus real property

11 for wildlife conservation purposes in accordance

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

13 667b).

14 (2) EXERCISE OF AUTHORITY.—

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

17 as appropriate, shall exercise the authority dele18 gated to the Secretary or the Administrator, as

19 appropriate, pursuant to paragraph (1) in ac20 cordance with—

21 (i) all regulations in effect on the date

22 of the enactment of this Act governing the

23 utilization of excess property and the dis24 posal of surplus property under the Fed-
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1 eral Property and Administrative Services

2 Act of 1949; and

3 (ii) all regulations in effect on the

4 date of the enactment of this Act gov5 erning the conveyance and disposal of

6 property under section 13(g) of the Sur7 plus Property Act of 1944 (50 U.S.C. App.

8 1622(g)).

9 (B) REGULATIONS.—The Secretary or the

10 Administrator, as appropriate, after consulting

11 with the Administrator of General Services,

12 may issue regulations that are necessary to

13 carry out the delegation of authority required

14 by paragraph (1).

15 (C) LIMITATION.—The authority required

16 to be delegated by paragraph (1) to the Sec17 retary or the Administrator, as appropriate, by

18 the Administrator of General Services shall not

19 include the authority to prescribe general poli20 cies and methods for utilizing excess property

21 and disposing of surplus property.

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

23 appropriate, may reconfigure, privatize, or close energy

24 laboratories under this title without regard to any provi25 sion of law restricting the use of funds for reconfiguring,
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1 privatizing, or closing such energy laboratories included

2 in any appropriations or authorization Act.

3 SEC. 205. ACCOUNT.

4 (a) ESTABLISHMENT.—There is hereby established

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

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

7 shall be administered by the Secretary or the Adminis8 trator, as appropriate, as a single account.

9 (b) CONTENT OF ACCOUNT.—There shall be depos10 ited into the Account—

11 (1) funds authorized for and appropriated to

12 the Account;

13 (2) any funds that the Secretary or the Admin14 istrator, as appropriate, may, subject to approval in

15 an appropriation Act, transfer to the Account from

16 funds appropriated to the Department of Energy for

17 any purpose, except that such funds may be trans18 ferred only after the date on which the Secretary or

19 the Administrator, as appropriate, transmits written

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

21 congressional energy committees; and

22 (3) proceeds received from the transfer or dis23 posal of any property at an office reconfigured,

24 privatized, or closed under this section.
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1 (c) USE OF FUNDS.—The Secretary or the Adminis2 trator, as appropriate, may use the funds in the Account

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

4 (d) REPORTS.—

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

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

7 the Administrator, as appropriate, carries out activi8 ties under this title, the Secretary or the Adminis9 trator, as appropriate, shall transmit a report to the

10 congressional energy committees of the amount and

11 nature of the deposits into, and the expenditures

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

13 amount and nature of other expenditures made pur14 suant to section 204(a) during such fiscal year.

15 (2) UNOBLIGATED FUNDS.—Unobligated funds

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

17 SEC. 206. REPORTS ON IMPLEMENTATION.

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

19 which the Secretary or the Administrator, as appropriate,

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

21 Secretary or the Administrator, as appropriate, shall

22 transmit to the congressional energy committees—

23 (1) a schedule of the reconfiguration, privatiza24 tion, and closure actions to be carried out under this

25 title in the fiscal year for which the request is made
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•HR 1649 IH

1 and an estimate of the total expenditures required

2 and cost savings to be achieved by each such recon3 figuration, privatization, or closure and of the time

4 period in which these savings are to be achieved in

5 each case; and

6 (2) a description of the energy laboratories to

7 which functions are to be transferred as a result of

8 such reconfigurations, privatizations, and closures.

9 SEC. 207. CONGRESSIONAL CONSIDERATION OF COMMIS10 SION REPORT.

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

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

13 joint resolution which is introduced within the 10-day pe14 riod beginning on the date on which the Commission

15 transmits the report to the Congress under section

16 202(f)(4), and—

17 (1) which does not have a preamble;

18 (2) the matter after the resolving clause of

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

20 recommendations of the Energy Laboratory Facili21 ties Commission as submitted on lll’’, the blank

22 space being filled in with the appropriate date; and

23 (3) the title of which is as follows: ‘‘Joint reso24 lution disapproving the recommendations of the En25 ergy Laboratory Facilities Commission.’’.
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1 (b) REFERRAL.—A resolution described in subsection

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

3 shall be referred to the Committee on National Security

4 and the Committee on Science of the House of Represent5 atives. A resolution described in subsection (a) introduced

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

7 Services and the Committee on Energy and Natural Re8 sources of the Senate.

9 (c) DISCHARGE.—If the committee to which a resolu10 tion described in subsection (a) is referred has not re11 ported such resolution (or an identical resolution) by the

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

13 the Commission transmits the report to the Congress

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

15 end of such period, discharged from further consideration

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

17 the appropriate calendar of the House involved.

18 (d) CONSIDERATION.—

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

20 after the date on which the committee to which such

21 a resolution is referred has reported, or has been

22 discharged (under subsection (c)) from further con23 sideration of, such a resolution, it is in order (even

24 though a previous motion to the same effect has

25 been disagreed to) for any Member of the respective
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•HR 1649 IH

1 House to move to proceed to the consideration of the

2 resolution (but only on the day after the calendar

3 day on which such Member announces to the House

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

5 points of order against the resolution (and against

6 consideration of the resolution) are waived. The mo7 tion is highly privileged in the House of Representa8 tives and is privileged in the Senate and is not de9 batable. The motion is not subject to amendment, or

10 to a motion to postpone, or to a motion to proceed

11 to the consideration of other business. A motion to

12 reconsider the vote by which the motion is agreed to

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

14 proceed to the consideration of the resolution is

15 agreed to, the respective House shall immediately

16 proceed to consideration of the joint resolution with17 out intervening motion, order, or other business, and

18 the resolution shall remain the unfinished business

19 of the respective House until disposed of.

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

21 all debatable motions and appeals in connection

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

23 which shall be divided equally between those favoring

24 and those opposing the resolution. An amendment to

25 the resolution is not in order. A motion further to
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•HR 1649 IH

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

2 to postpone, or a motion to proceed to the consider3 ation of other business, or a motion to recommit the

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

5 vote by which the resolution is agreed to or dis6 agreed to is not in order.

7 (3) QUORUM CALL.—Immediately following the

8 conclusion of the debate on a resolution described in

9 subsection (a) and a single quorum call at the con10 clusion of the debate if requested in accordance with

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

12 passage of the resolution shall occur.

13 (4) APPEALS FROM DECISION OF CHAIR.—Ap14 peals from the decisions of the Chair relating to the

15 application of the rules of the Senate or the House

16 of Representatives, as the case may be, to the proce17 dure relating to a resolution described in subsection

18 (a) shall be decided without debate.

19 (e) CONSIDERATION BY OTHER HOUSE.—

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

21 House of a resolution of that House described in

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

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

24 the following procedures shall apply:
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•HR 1649 IH

1 (A) The resolution of the other House shall

2 not be referred to a committee and may not be

3 considered in the House receiving it except in

4 the case of final passage as provided in sub5 paragraph (B)(ii).

6 (B) With respect to a resolution described

7 in paragraph (1) of the House receiving the

8 resolution—

9 (i) the procedure in that House shall

10 be the same as if no resolution had been

11 received from the other House; but

12 (ii) the vote on final passage shall be

13 on the resolution of the other House.

14 (2) CONSIDERATION AFTER DISPOSITION BY

15 OTHER HOUSE.—Upon disposition of the resolution

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

17 in order to consider the resolution that originated in

18 the receiving House.

19 (f) RULES OF THE SENATE AND HOUSE.—This sec20 tion is enacted by Congress—

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

22 the Senate and House of Representatives, respec23 tively, and as such it is deemed a part of the rules

24 of each House, respectively, but applicable only with

25 respect to the procedure to be followed in that
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•HR 1649 IH

1 House in the case of a resolution described in sub2 section (a), and it supersedes other rules only to the

3 extent that it is inconsistent with such rules; and

4 (2) with full recognition of the constitutional

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

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

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

8 the case of any other rule of that House.

9 SEC. 208. DEFINITIONS.

10 For purposes of this title:

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

12 Laboratory Facility Closure Account established in

13 section 205(a).

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

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

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

17 Laboratory Facilities Commission.

18 (4) The term ‘‘congressional energy commit19 tees’’ means the Committee on Armed Services of

20 the Senate, the Committee on National Security of

21 the House of Representatives, the Committee on

22 Science of the House of Representatives, and the

23 Committee on Energy and Natural Resources of the

24 Senate.
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•HR 1649 IH

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

2 Lawrence Livermore National Laboratory, the Los

3 Alamos National Laboratory, the Sandia National

4 Laboratories, the Argonne National Laboratory, the

5 Brookhaven National Laboratory, the Idaho Na6 tional Engineering Laboratory, the Lawrence Berke7 ley Laboratory, the Oak Ridge National Laboratory,

8 the Pacific Northwest Laboratory, the National Re9 newable Energy Laboratory, the Ames Laboratory,

10 the Bates Linear Accelerator Laboratory, the Con11 tinuous Electron Beam Accelerator Facility, the En12 ergy Technology Engineering Center, the Environ13 mental Measurements Laboratory, the Fermi Na14 tional Accelerator Laboratory, the Inhalation Toxi15 cology Research Institute, the Laboratory of

16 Radiobiology and Environmental Health, the Mor17 gantown Energy Technology Center, the National

18 Renewable Energy Laboratory, the New Brunswick

19 Laboratory, the Oak Ridge Institute for Science and

20 Education, the Pittsburgh Energy Technology Cen21 ter, the Princeton Plasma Physics Laboratory, the

22 Savannah River Ecology Laboratory, the Savannah

23 River Technology Center, the Specific Manufac24 turing Capability Facility, or the Stanford Linear

25 Accelerator Facility.
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1 (6) The term ‘‘the Secretary or the Adminis2 trator, as appropriate’’ means the Secretary of En3 ergy, or, after the effective date stated in section

4 109(a), the Administrator.

5 TITLE III—PRIVATIZATION OF

6 FEDERAL POWER MAR7 KETING ADMINISTRATIONS

8 SEC. 301. SHORT TITLE.

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

10 Privatization Act of 1999’’.

11 SEC. 302. FINDINGS.

12 The Congress finds that—

13 (1) the Federal Power Marketing Administra14 tions, over the years, have served to help bring elec15 tricity to many areas in the Nation;

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

17 the American taxpayer;

18 (3) the necessity of federally owned power gen19 eration and transmission facilities has passed and

20 halting this practice is in the best national interest

21 of the United States;

22 (4) in fairness to the longtime consumers of

23 Federal Power Marketing Administrations, any proc24 ess of sale should be open to them;
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•HR 1649 IH

1 (5) the taxpayers, through investing in the con2 struction and operation, have established equity in

3 the facilities; and

4 (6) this equity entitles the American taxpayer

5 to expect the highest possible return in the sale

6 process.

7 SEC. 303. SALE OF ASSETS.

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

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

10 electric power generation facilities and transmission facili11 ties, that are currently owned and operated by Federal

12 departments and agencies under the supervision of, or co13 ordination with, the Federal Power Marketing Administra14 tions other than the Bonneville Power Administration. No

15 foreign person or corporation may purchase any such fa16 cilities; such facilities may be sold only to a United States

17 citizen or to a corporation or partnership organized under

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

19 Secretary shall terminate the operations of the Federal

20 Power Marketing Administrations other than the Bonne21 ville Power Administration. The heads of other affected

22 Federal departments and agencies shall assist the Sec23 retary of Energy in implementing the sales authorized by

24 this section.

25 (b) PRICE; STRUCTURE OF SALE.—
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1 (1) PRICE.—The Secretary shall obtain the

2 highest possible price for such facilities. In deter3 mining the highest possible price, the value of future

4 tax revenues shall be included.

5 (2) RETENTION OF FINANCIAL ADVISOR.—In

6 order to conduct the sales authorized by this section

7 in such manner as will produce the highest possible

8 price for the facilities to be sold consistent with this

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

10 Secretary shall, through a competitive bidding proc11 ess, retain an experienced private sector firm to

12 serve as financial advisor to the Secretary with re13 spect to such sales.

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

15 days of being retained by the Secretary, the financial

16 advisor shall provide to the Secretary a report

17 containing—

18 (A) a description of those assets described

19 in subsection (a) which, in the opinion of the fi20 nancial advisor, can be successfully transferred

21 to private sector ownership or operation;

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

23 on the basis of the valuation method or meth24 ods which the financial advisor deems most ap25 propriate to a particular asset;
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•HR 1649 IH

1 (C) the appropriate alternative trans2 actional methods for transferring each such

3 asset to private sector ownership or operation;

4 (D) the amount of proceeds which the fi5 nancial advisor estimates would be paid to the

6 United States Government as a result of such

7 transaction, including the present value of fu8 ture revenue from taxes and any other future

9 payments to be made to the United States Gov10 ernment; and

11 (E) an estimate of the average market rate

12 for wholesale electric power sales within each

13 region served by a Federal Power Marketing

14 Administration.

15 (c) TIME OF SALE.—Sales of facilities under this sec16 tion shall be conducted in accordance with the time of sale

17 schedule set forth in section 304. At least 1 year before

18 the date of any sale specified in such schedule, the Sec19 retary, in consultation with the Secretary of the Army and

20 the Secretary of the Interior, and based on the rec21 ommendations of the financial advisor, shall select the fa22 cilities or groups of facilities to be sold and establish the

23 terms and conditions of the sale.

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

25 of the Congress that the purchaser of any such facilities
41

•HR 1649 IH

1 should offer to employ, where possible, former employees

2 of the Federal Power Marketing Administrations in con3 nection with the operation of the facilities following their

4 purchase.

5 (e) PROCEEDS.—The Secretary of Energy shall de6 posit sale proceeds in the Treasury of the United States

7 to the credit of miscellaneous receipts.

8 (f) PREPARATION.—The Secretary of Energy is au9 thorized to use funds appropriated to the Department of

10 Energy for the Federal Power Marketing Administrations

11 and funds otherwise appropriated to other Federal agen12 cies for power generation and related activities in order

13 to prepare these assets for sale and conveyance. Such

14 preparation shall provide sufficient title to ensure the ben15 eficial use, enjoyment, and occupancy to the purchasers

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

17 all associated laws and regulations to be amended for the

18 purpose of these sales. The Secretary of Energy shall un19 dertake a study of the effect of sales of facilities under

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

21 generated at such facilities.

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

23 after the sale of the assets of each Federal Power Mar24 keting Administration (other than the Bonneville Power
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•HR 1649 IH

1 Administration) in accordance with this title, the Sec2 retary of Energy shall—

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

4 such administration; and

5 (2) prepare and submit to Congress a report

6 documenting the sales.

7 (h) TREATMENT OF SALES FOR PURPOSES OF CER8 TAIN LAWS.—The sales of assets under this title shall not

9 be considered a disposal of Federal surplus property under

10 the following provisions of law:

11 (1) Section 203 of the Federal Property and

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

13 484).

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

15 1944 (50 U.S.C. App. 1622).

16 SEC. 304. TIME OF SALES.

17 (a) SCHEDULE.—The Secretary of Energy shall com18 plete the sale of the electric power generation and trans19 mission assets referred to in section 303 in accordance

20 with the following schedule:

Power Administration Sale Completion Date

Southeastern Before September 30, 2001

Southwestern Before September 30, 2002

Western Area Before September 30, 2003

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

22 the assets of each of the Federal Power Marketing Admin-
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1 istrations and their associated power generation facilities,

2 the Secretary of Energy shall return the unexpended bal3 ances of funds appropriated for that administration to the

4 Treasury of the United States.

5 SEC. 305. RATE STABILIZATION FOR AFFECTED CON6 SUMERS.

7 So that the affected consumers of the Federal Power

8 Marketing Administrations are not impacted by severe

9 rate increases, each purchaser of electric power generation

10 facilities providing electric power to customers within any

11 region shall be required, as part of the agreement to pur12 chase such facilities, to insure that the price at which elec13 tric power is sold to such consumers does not increase

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

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

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

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

18 the facility. The preceding sentence shall cease to apply

19 when the price at which electric power is sold to a con20 sumer is at least equal to the average market rate for

21 wholesale electric power sales within the region concerned,

22 as determined by the Financial Advisor.
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1 SEC. 306. LICENSING OF PROJECTS TO PRESERVE CUR2 RENT OPERATING CONDITIONS.

3 (a) ORIGINAL LICENSE.—Simultaneously with the

4 sale of hydroelectric generation facility under this title, the

5 Federal Energy Regulatory Commission shall issue an

6 original license under part 1 of the Federal Power Act

7 (16 U.S.C. 791a–823b) to the purchaser for the construc8 tion, operation, and maintenance of such facility. Such li9 cense shall expire on the date 10 years after the date of

10 the sale of the facility and shall contain standard terms

11 and conditions for hydroelectric power licenses issued

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

13 water projects, together with such additional terms and

14 conditions as the Commission deems necessary, in con15 sultation with the department or agency which operates

16 such water project, to further the project purposes and

17 insure that the project will continue operations in the

18 same manner and subject to the same procedures, con19 tracts, and other requirements as were applicable prior to

20 the sale. The Commission shall publish such license terms

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

22 as promptly as practicable after the date of the enactment

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

24 established for the sale of the facility.

25 (b) LICENSE REQUIRED.—Notwithstanding any

26 other provision of law, the Federal Energy Regulatory
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1 Commission shall have jurisdiction under part 1 of the

2 Federal Power Act over any hydroelectric generation facil3 ity sold under this title.

4 SEC. 307. ENABLING FEDERAL STUDIES.

5 Section 505 of the Energy and Water Development

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

7 hereby repealed.

8 SEC. 308. BONNEVILLE POWER ADMINISTRATION.

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

10 transferred to the Secretary of the Interior all functions

11 performed by the Department of Energy with respect to

12 the Bonneville Power Administration (BPA) on the day

13 before the effective date of this section.

14 (b) STUDY REGARDING FUTURE OF BONNEVILLE

15 POWER ADMINISTRATION.—The Secretary of the Interior

16 shall conduct a study, taking into consideration any rel17 evant factor, including debt, statutory or treaty obliga18 tions, to determine which option regarding the future dis19 position of BPA represents the most cost-effective option

20 for both the Pacific Northwest and the United States as

21 a whole.

22 (c) REPORT REGARDING STUDY.—The Secretary

23 shall submit to Congress a report describing the results

24 of the study and containing such recommendations as con-
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•HR 1649 IH

1 sistent with the findings of the report within 1 year after

2 the enactment of this Act.

3 SEC. 309. DEFINITIONS.

4 For purposes of this title:

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

6 a facility used for the generation of electric energy.

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

8 for flood control, water supply or other purposes in

9 addition to the generation of electric energy, such

10 term refers only to that portion of the structure or

11 facility used exclusively for the generation of electric

12 energy, including turbines, generators, controls, sub13 stations, and primary lines used for transmitting

14 electric energy therefrom to the point of juncture

15 with the interconnected primary transmission sys16 tem. Such term shall not include any portion of a fa17 cility used for navigation, flood control, irrigation,

18 water supply, or recreation.

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

20 of Energy or any successor agency. If any such

21 agency terminates prior to the complete execution of

22 all duties vested in the Secretary of Energy under

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

24 of the Interior.
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1 TITLE IV—TRANSFER AND

2 DISPOSAL OF RESERVES

3 SEC. 401. STRATEGIC PETROLEUM RESERVE.

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

5 transferred to the Secretary of the Interior all functions

6 performed by the Department of Energy with respect to

7 the Strategic Petroleum Reserve on the day before the ef8 fective date of this section.

9 (b) SALE OF CERTAIN RESERVES.—Notwithstanding

10 section 161 of the Energy Policy and Conservation Act,

11 the Secretary of the Interior shall sell the reserves held

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

13 minimal disruption of petroleum markets.

14 (c) ADVISORY BOARD.—(1) The Secretary of the In15 terior shall appoint an advisory board, consisting of 3 indi16 viduals with experience in oil markets and production and

17 international relations, which shall—

18 (A) monitor the sale of reserves under sub19 section (b) and its effects on petroleum markets; and

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

21 sale, submit to the Congress a report containing rec22 ommendations as described in paragraph (2).

23 (2) The advisory board shall make recommendations

24 on whether the United States should maintain or dispose

25 of the Strategic Petroleum Reserve, based on information
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•HR 1649 IH

1 obtained pursuant to paragraph (1)(A) and any other rel2 evant information the advisory board obtains. If the advi3 sory board recommends maintaining the Strategic Petro4 leum Reserve, it shall include recommendations for admin5 istering the Reserve, and if it recommends disposing of

6 the Reserve, it shall include recommendations for proce7 dures for carrying out such disposal.

8 (3) Notwithstanding section 14 of the Federal Advi9 sory Committee Act, the advisory board established under

10 this subsection shall terminate within 30 days after it sub11 mits a report under paragraph (1)(B).

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

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

14 SEC. 402. DISPOSAL OF REMAINING NAVAL PETROLEUM

15 RESERVES.

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

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

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

19 Code, except that the term does not include Naval Petro20 leum Reserve Numbered 1 (Elk Hills).

21 (b) TRANSFER OF FUNCTIONS.—There are trans22 ferred to the Administrator of the Energy Programs Reso23 lution Agency all functions performed with respect to the

24 naval petroleum reserves.

25 (c) DISPOSAL OF RESERVES.—
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1 (1) DISPOSAL WITHIN 1 YEAR.—The Adminis2 trator shall, to the maximum extent practicable, take

3 appropriate actions to carry out the disposal of the

4 naval petroleum reserves not later than 1 year after

5 the date of enactment of this Act.

6 (2) PRICE.—In carrying out the disposal, the

7 Administrator shall obtain the highest possible price

8 for the naval petroleum reserves.

9 (3) JOINT PLAN.—The Administrator shall

10 carry out the disposal in accordance with a plan

11 jointly developed by the Administrator and the Sec12 retary of the Interior.

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

14 end of the 1-year period beginning on the date of enact15 ment of this Act, the Administrator shall transfer to the

16 Secretary of the Interior all functions performed by the

17 Administrator with respect to the portions of the naval

18 petroleum reserves that are not disposed of by the Admin19 istrator under subsection (c) during that period.

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

21 641 of title 10, United States Code, is repealed.

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

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

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

25 the item relating to chapter 641.
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1 (2) The amendments made by paragraph (1) shall

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

3 TITLE V—NATIONAL SECURITY

4 AND ENVIRONMENTAL MAN5 AGEMENT PROGRAMS

6 Subtitle A—Defense Nuclear

7 Programs Administration

8 SEC. 501. ESTABLISHMENT AND ORGANIZATION OF DE9 FENSE NUCLEAR PROGRAMS ADMINISTRA10 TION.

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

12 Department of Defense a Defense Nuclear Programs Ad13 ministration.

14 (b) UNDER SECRETARY.—The Under Secretary of

15 Defense for Defense Nuclear Programs is the head of the

16 Administration. The Under Secretary is responsible for

17 the exercise of all powers and the discharge of all duties

18 of the Administration.

19 (c) TRANSFERRED FUNCTIONS.—The Under Sec20 retary shall carry out the functions transferred to the

21 Under Secretary pursuant to section 503 through the

22 Administration.

23 (d) EXERCISE OF AUTHORITIES.—Except as other24 wise provided by law, the Under Secretary of Defense for

25 Defense Nuclear Programs may, for purposes of per-
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1 forming a function that is transferred to the Under Sec2 retary by this subtitle, exercise all authorities under any

3 other provision of law that were available with respect to

4 the performance of that function to the official responsible

5 for the performance of that function on the day before

6 the date of the enactment of this Act.

7 SEC. 502. OFFICERS.

8 (a) UNDER SECRETARY OF DEFENSE.—(1) Chapter

9 4 of title 10, United States Code, is amended by inserting

10 after section 136 the following new section:

11 ‘‘§ 136a. Under Secretary of Defense for Defense Nu12 clear Programs; Deputy Under Secretary

13 ‘‘(a) There is an Under Secretary of Defense for De14 fense Nuclear Programs, appointed from civilian life by

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

16 Senate. A person may not be appointed as Under Sec17 retary within 10 years after relief from active duty as a

18 commissioned officer of a regular component of an armed

19 force.

20 ‘‘(b)(1) The Under Secretary shall serve as the prin21 cipal adviser to the President and the Secretary of Defense

22 on defense nuclear programs matters. In carrying out his

23 duties under the Department of Energy Abolishment Act,

24 the Under Secretary shall, subject to the authority, direc25 tion, and control of the Secretary of Defense, have pri-
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1 mary responsibility within the Government for defense nu2 clear programs matters.

3 ‘‘(2) In this subsection, the term ‘‘defense nuclear

4 programs matters’’ means matters related to the military

5 use of nuclear energy and nuclear weapons, including all

6 such matters, other than matters related to naval nuclear

7 propulsion functions of the Department of Energy, that

8 were under the jurisdiction of the following entities on the

9 day before the date of the enactment of the Department

10 of Energy Abolishment Act:

11 ‘‘(A) The Department of Energy.

12 ‘‘(B) The Defense Threat Reduction Agency of

13 the Department of Defense.

14 ‘‘(C) The Defense Nuclear Facilities Safety

15 Board.

16 ‘‘(c)(1) There is a Deputy Under Secretary of De17 fense for Defense Nuclear Programs, appointed from civil18 ian life by the President, by and with the advice and con19 sent of the Senate. A person may not be appointed as

20 Under Secretary within 10 years after relief from active

21 duty as a commissioned officer of a regular component of

22 an armed force.

23 ‘‘(2) The Deputy Under Secretary shall perform such

24 duties and exercise such powers as the Under Secretary

25 may prescribe. The Deputy Under Secretary shall act for,
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•HR 1649 IH

1 and exercise the powers of, the Under Secretary during

2 the Under Secretary’s absence or disability or during a

3 vacancy in such office.’’.

4 (2) The table of sections at the beginning of such

5 chapter is amended by adding at the end the following

6 new item:

‘‘136a. Under Secretary of Defense for Defense Nuclear Programs; Deputy

Under Secretary.’’.

7 (b) ASSISTANT SECRETARIES.—Section 138 of title

8 10, United States Code, is amended—

9 (1) in subsection (a), by striking ‘‘nine’’ and in10 serting ‘‘eleven’’; and

11 (2) in subsection (b), by inserting after para12 graph (2) the following new paragraph:

13 ‘‘(3) Two of the Assistant Secretaries shall report to

14 the Under Secretary of Defense for Defense Nuclear Pro15 grams and shall carry out such duties and exercise such

16 powers within the Defense Nuclear Programs Administra17 tion as the Under Secretary may prescribe. One of those

18 Assistant Secretaries shall have as his principal duty the

19 overall supervision of environmental restoration of defense

20 nuclear weapons facilities. The other of those Assistant

21 Secretaries shall have as his principal duty the overall su22 pervision of the oversight of the defense and nondefense

23 functions and budgets of the Sandia National Labora24 tories, the Los Alamos National Laboratory, and the Law-
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•HR 1649 IH

1 rence Livermore National Laboratory (or whatever labora2 tories (or portions of laboratories) carrying out the func3 tions of such laboratories remain after reconfiguration,

4 privatization, or closure (if any) pursuant to title II of

5 the Department of Energy Abolishment Act).’’.

6 (c) INSPECTOR GENERAL.—There shall be an Inspec7 tor General of the Administration, who shall be appointed

8 as provided in section 3 of the Inspector General Act of

9 1978 (5 U.S.C. App. 3). The Inspector General shall per10 form the duties, have the responsibilities, and exercise the

11 powers specified in the Inspector General Act of 1978 (5

12 U.S.C. App. 3).

13 (d) GENERAL COUNSEL.—There shall be a General

14 Counsel of the Administration, who shall be appointed by

15 the Under Secretary. The General Counsel shall be the

16 chief legal officer for all legal matters arising from the

17 conduct of the functions of the Administration.

18 (e) PLACEMENT OF POSITIONS IN THE EXECUTIVE

19 SCHEDULE.—Chapter 53 of title 5, United States Code,

20 is amended as follows:

21 (1) Section 5313 is amended by inserting after

22 the item relating to the Under Secretary of Defense

23 for Acquisition and Technology the following:

24 ‘‘Under Secretary of Defense for Defense Nu25 clear Programs.’’.
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1 (2) Section 5314 is amended by adding at the

2 end the following:

3 ‘‘Deputy Under Secretary of Defense for De4 fense Nuclear Programs.’’.

5 (3) Section 5315 is amended—

6 (A) by striking ‘‘(9)’’ after ‘‘Assistant Sec7 retaries of Defense’’ and inserting ‘‘(11)’’; and

8 (B) by adding at the end the following:

9 ‘‘Inspector General, Defense Nuclear Programs

10 Administration.’’.

11 (4) Section 5316 is amended—

12 (A) by striking the item relating to the As13 sistant to the Secretary of Defense for Nuclear

14 and Chemical and Biological Defense Programs,

15 Department of Defense; and

16 (B) by adding at the end the following:

17 ‘‘General Counsel, Defense Nuclear Programs

18 Administration, Department of Defense.’’.

19 SEC. 503. TRANSFERS OF FUNCTIONS.

20 (a) DEPARTMENT OF ENERGY.—

21 (1) NATIONAL SECURITY FUNCTIONS.—There

22 are hereby transferred to the Under Secretary of

23 Defense for Defense Nuclear Programs all functions

24 performed by the Department of Energy on the day

25 before the date of the enactment of this Act relating
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•HR 1649 IH

1 to the national security functions of the Department,

2 including defense, nonproliferation, and defense-re3 lated environmental management programs, but not

4 including the naval nuclear propulsion program car5 ried out by the Department of Energy.

6 (2) NATIONAL LABORATORIES.—There are

7 hereby transferred to the Under Secretary all func8 tions performed by the Department of Energy on

9 the day before the date of the enactment of this Act

10 relating to the oversight of the defense and non11 defense functions and budgets of the following lab12 oratories:

13 (A) Sandia National Laboratories, Albu14 querque, New Mexico, and Livermore, Cali15 fornia.

16 (B) Los Alamos National Laboratory, Los

17 Alamos, New Mexico.

18 (C) Lawrence Livermore National Labora19 tory, California.

20 (b) DEFENSE THREAT REDUCTION AGENCY.—There

21 are hereby transferred to the Under Secretary all func22 tions performed by the Defense Threat Reduction Agency

23 of the Department of Defense on the day before the date

24 of the enactment of this Act relating to nuclear weapons

25 systems.
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1 (c) DEFENSE NUCLEAR FACILITIES SAFETY

2 BOARD.—There are hereby transferred to the Under Sec3 retary all functions performed by the Defense Nuclear Fa4 cilities Safety Board on the day before the date of the en5 actment of this Act.

6 (d) OTHER NUCLEAR WEAPONS-RELATED FUNC7 TIONS.—The Secretary of Defense may transfer to the

8 Under Secretary such other functions performed by the

9 Department of Defense on the day before the date of the

10 enactment of this Act relating to nuclear weapons as the

11 Secretary considers appropriate.

12 SEC. 504. LIMITATION ON TRANSFERS OF FUNDS.

13 (a) TRANSFERS FROM ACCOUNTS OF THE DNPA.—

14 No amount appropriated to the Defense Nuclear Pro15 grams Administration may be transferred to any other ac16 count (other than another account of the Administration)

17 unless the transfer of such amount to such account is spe18 cifically authorized by law.

19 (b) TRANSFERS TO ACCOUNTS OF THE DNPA.—No

20 amount appropriated to the Department of Defense or an21 other department or agency may be transferred to the

22 Under Secretary of Defense for Defense Nuclear Pro23 grams or to an account for the Defense Nuclear Programs

24 Administration unless the transfer of such amount to such

25 account is specifically authorized by law.
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1 SEC. 505. TRANSITION PROVISIONS.

2 (a) AUTHORITIES TO WIND UP AFFAIRS.—

3 (1) DEPARTMENT OF ENERGY.—The Director

4 of the Office of Management and Budget may take

5 such actions as the Director considers necessary to

6 wind up any outstanding affairs of the Department

7 of Energy associated with the functions that are

8 transferred pursuant to section 503(a).

9 (2) DEPARTMENT OF DEFENSE.—The Sec10 retary of Defense may take such actions as the Sec11 retary considers necessary to wind up any out12 standing affairs of the Defense Threat Reduction

13 Agency associated with the functions that are trans14 ferred pursuant to section 503(b), any outstanding

15 affairs of the Department of Defense associated with

16 any functions that may be transferred pursuant to

17 section 503(d), and any outstanding affairs of the

18 Assistant to the Secretary of Defense for Nuclear

19 and Chemical and Biological Defense Programs.

20 (3) DEFENSE NUCLEAR FACILITIES SAFETY

21 BOARD.—The Director of the Office of Management

22 and Budget may take such actions as the Director

23 considers necessary to wind up any outstanding af24 fairs of the Defense Nuclear Facilities Safety Board.

25 (b) TRANSFER OF ASSETS.—So much of the per26 sonnel, property, records, and unexpended balances of ap-
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•HR 1649 IH

1 propriations, allocations, and other funds employed, used,

2 held, available, or to be made available in connection with

3 a function transferred to the Under Secretary of Defense

4 for Defense Nuclear Programs by this subtitle are trans5 ferred to the Under Secretary for use in connection with

6 the function transferred.

7 (c) FURTHER MEASURES AND DISPOSITIONS.—Such

8 further measures and dispositions as the President con9 siders necessary to effectuate the transfers referred to in

10 subsections (a) and (b) shall be carried out in such man11 ner as the President directs and by the heads of such

12 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 of the Depart20 ment of Defense,’’; and

21 (2) in paragraph (2), by striking out ‘‘Commu22 nity Service, or’’ and inserting ‘‘Community Service,

23 the Defense Nuclear Programs Administration of

24 the Department of Defense,’’.

25 (b) CONFORMING REPEALS.—
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1 (1) ASSISTANT TO THE SECRETARY OF DE2 FENSE FOR NUCLEAR AND CHEMICAL AND BIOLOGI3 CAL DEFENSE PROGRAMS.—Section 142 of title 10,

4 United States Code, is repealed. The table of sec5 tions at the beginning of chapter 4 of such title is

6 amended by striking the item relating to such sec7 tion.

8 (2) DEFENSE NUCLEAR FACILITIES SAFETY

9 BOARD.—Chapter 21 of title I of the Atomic Energy

10 Act of 1954 (42 U.S.C. 2286) is repealed.

11 (3) REFERENCES.—Any reference to the Assist12 ant to the Secretary of Defense for Nuclear and

13 Chemical and Biological Defense Programs or the

14 Defense Nuclear Facilities Safety Board in any pro15 vision of law or in any rule, regulation, or other

16 paper of the United States shall be treated as refer17 ring to the Under Secretary of Defense for Defense

18 Nuclear Programs.

19 (c) STAFF DIRECTOR OF NUCLEAR WEAPONS COUN20 CIL.—Paragraph (2) of section 179(c) of title 10, United

21 States Code, is amended to read as follows:

22 ‘‘(2) The Under Secretary of Defense for Defense

23 Nuclear Programs shall designate the Staff Director of the

24 Council.’’.
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1 SEC. 507. EFFECTIVE DATE AND TRANSITION PERIOD.

2 (a) EFFECTIVE DATE.—Except as provided in sub3 section (b), this subtitle shall take effect on the date of

4 the enactment of this Act.

5 (b) DELAYED EFFECTIVE DATE FOR ESTABLISH6 MENT OF AGENCY AND TRANSFERS OF FUNCTIONS.—

7 Section 501(a) and section 503 shall take effect one year

8 after the date of the enactment of this Act.

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

10 the Secretary of Energy, the Assistant to the Secretary

11 of Defense for Nuclear and Chemical and Biological De12 fense Programs, and the Defense Nuclear Facilities Safety

13 Board shall, beginning as soon as practicable after the

14 date of the enactment of this Act, plan for the orderly

15 establishment of, and transfer of functions to, the Defense

16 Nuclear Programs Administration pursuant to this sub17 title.

18 (d) APPOINTMENT AUTHORITY.—The President may

19 make appointments under the amendments made by sec20 tion 502 notwithstanding the effective date under sub21 section (b) for the establishment of the Defense Nuclear

22 Programs Administration.

23 SEC. 508. REPORT ON CIVILIAN COUNTERPART FOR NAVAL

24 NUCLEAR PROPULSION PROGRAM.

25 Not later than six months after the date of the enact26 ment of this Act, the Energy Laboratory Facilities Com-
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1 mission established under title II shall submit to Congress

2 a report containing the recommendations of the Commis3 sion for a civilian entity to perform the functions that were

4 performed by the Department of Energy relating to the

5 naval nuclear propulsion program on the day before the

6 date of the enactment of this Act. In preparing the report,

7 the Commission may not consider recommending for the

8 performance of those functions the Defense Nuclear Pro9 grams Administration or any other entity within the De10 partment of Defense.

11 Subtitle B—Environmental Res12 toration Activities at Defense

13 Nuclear Facilities

14 SEC. 521. ENVIRONMENTAL RESTORATION ACTIVITIES AT

15 DEFENSE NUCLEAR FACILITIES.

16 (a) IN GENERAL.—The Comprehensive Environ17 mental Response, Compensation, and Liability Act of

18 1980 (42 U.S.C. 9601 et seq.) is amended by adding at

19 the end the following new title:
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•HR 1649 IH

1 ‘‘TITLE V—ENVIRONMENTAL

2 RESTORATION ACTIVITIES AT

3 DEFENSE NUCLEAR FACILI4 TIES

5 ‘‘Subtitle A—General Provisions

6 ‘‘SEC. 501. APPLICABILITY.

7 ‘‘Notwithstanding section 120, the provisions of this

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

10 ‘‘SEC. 502. DEFINITIONS.

11 ‘‘For purposes of this title:

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

13 any of the following:

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

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

17 2014)) that is under the control or jurisdiction

18 of the Under Secretary of Defense for Defense

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

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

23 South Carolina, and the Mound Laboratory,

24 Ohio), but the term does not include any facil25 ity that does not conduct atomic energy defense
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•HR 1649 IH

1 activities and does not include any facility or

2 activity covered by Executive Order Number

3 12344, dated February 1, 1982, pertaining to

4 the naval nuclear propulsion program.

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

6 facility that is under the control or jurisdiction

7 of the Under Secretary of Defense for Defense

8 Nuclear Programs.

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

10 under the control or jurisdiction of the Under

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

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

15 Pantex facility, Texas).

16 ‘‘(D) An atomic weapons research facility

17 that is under the control or jurisdiction of the

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

22 ‘‘(E) Any facility described in subpara23 graphs (A) through (D) that—

24 ‘‘(i) is no longer in operation;
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•HR 1649 IH

1 ‘‘(ii) was under the control or jurisdic2 tion of the Department of Defense, the

3 Atomic Energy Commission, the Energy

4 Research and Development Administration,

5 or the Department of Energy; and

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

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

9 Under Secretary of Defense for Defense Nuclear

10 Programs.

11 ‘‘(3) The term ‘Administrator’ means the Ad12 ministrator of the Environmental Protection Agency.

13 ‘‘Subtitle B—Selection of Remedial

14 Action

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

16 ACTIONS.

17 ‘‘(a) REVIEW OF ONGOING AND PLANNED ACTIVI18 TIES.—Not later than one year after the date of the enact19 ment of this title, the Under Secretary shall review each

20 remedial action described in subsection (b) for purposes

21 of determining whether the remedial action was selected

22 in a manner consistent with the requirements of this sub23 title. If the Under Secretary determines the selection was

24 not consistent with the requirements of this subtitle, the

25 Under Secretary shall modify the remedial action in a
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•HR 1649 IH

1 manner consistent with the requirements of this subtitle.

2 The Under Secretary shall, to the maximum extent prac3 ticable, ensure the minimization of any delays in the per4 formance of the remedial action that result from the

5 Under Secretary’s activities under this subsection.

6 ‘‘(b) COVERED REMEDIAL ACTIONS.—Subsection (a)

7 applies to any remedial action at a defense nuclear

8 facility—

9 ‘‘(1) which is ongoing as of the date of the en10 actment of this title, including a facility for which

11 construction is ongoing or has been completed as of

12 such date; or

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

14 not yet commenced as of such date of enactment.

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

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

17 a remedial action for a defense nuclear facility based upon

18 consideration of a site-specific risk assessment conducted

19 in accordance with section 513 and an analysis of risk re20 duction benefits and costs conducted in accordance with

21 section 514.

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

23 In selecting a remedial action, the Under Secretary shall

24 select the lowest cost action which achieves a residual risk

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

2 and the environment, unless—

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

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

6 the analysis of risk reductions cost and benefits for

7 the remedial action pursuant to section 514, in

8 which case a more expensive remedy may be se9 lected, or

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

11 which achieves a residual risk level within the risk

12 range goal are not reasonably related to the costs of

13 such remedy, in which case a less expensive remedy

14 may be selected.

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

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

17 the Under Secretary shall consult with the Administrator,

18 officials of State, local, or tribal governments having juris19 diction over the property or, in the case of property which

20 is exclusively under Federal jurisdiction, having jurisdic21 tion over the surrounding areas. Such consultation shall

22 include discussion of, at a minimum, current area demo23 graphics, land and water uses, and currently planned land

24 and water uses, the determination of which shall remain
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1 the sole purview of the appropriate State, local, or tribal

2 government with jurisdiction.

3 ‘‘(d) PUBLIC COMMENT.—Before selection of a reme4 dial action, the Under Secretary shall provide a period of

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

6 action.

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

8 certify the following when selecting a remedial action:

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

10 and costs for the remedial action pursuant to section

11 514 is based on objective and unbiased scientific and

12 economic evaluations of all significant and relevant

13 information and on risk assessments provided to the

14 agency by interested parties relating to the costs,

15 risks, and risk reduction and other benefits of the

16 remedial action selected.

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

18 other benefits of the remedial action will be likely to

19 justify, and be reasonably related to, the incremental

20 costs incurred by the Federal Government, by State,

21 local, and tribal governments, and other public and

22 private entities.

23 ‘‘(3) That other alternative remedial actions

24 identified or considered by the agency were found to
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1 be less cost-effective at achieving a substantially

2 equivalent reduction in risk.

3 ‘‘(f) ADMINISTRATIVE RECORD.—All documents con4 sidered by the Under Secretary shall be made part of the

5 administrative record for purposes of judicial review.

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

7 ‘‘(a) IN GENERAL.—(1) A site-specific risk assess8 ment shall be performed in accordance with this section

9 before the selection of a remedial action at a defense nu10 clear facility. The Under Secretary shall apply the prin11 ciples set forth in subsection (b) in order to ensure that

12 a site-specific risk assessment—

13 ‘‘(A) distinguishes scientific findings from other

14 considerations;

15 ‘‘(B) is, to the extent feasible, scientifically ob16 jective, unbiased, and inclusive of all relevant data;

17 and

18 ‘‘(C) relies, to the extent available and prac19 ticable, on factual site-specific data.

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

21 section need not be repeated in each risk assessment docu22 ment as long as there is a reference to the relevant discus23 sions or explanation in another agency document which

24 is available to the public.
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1 ‘‘(b) PRINCIPLES.—The principles to be applied in

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

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

4 site-specific risk assessment shall contain a discus5 sion of both relevant laboratory and relevant epi6 demiologic data of sufficient quality which finds, or

7 fails to find, a correlation between health risks and

8 a potential toxin or activity. Where conflicts among

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

10 used as a basis to assess human health, the site-spe11 cific risk assessment shall, to the extent feasible and

12 appropriate, include discussion of possible reconcili13 ation of conflicting information, and, as relevant,

14 differences in study designs, comparative physiology,

15 routes of exposure, bioavailability, pharmacokinetics,

16 and any other relevant factor, including the suffi17 ciency of basic data for review. The discussion of

18 possible reconciliation should indicate whether there

19 is a biological basis to assume a resulting harm in

20 humans. Animal data shall be reviewed with regard

21 to its relevancy to humans.

22 ‘‘(2) Where a site-specific risk assessment in23 volves selection of any significant default value, as24 sumption, inference, or model, the risk assessment

25 document shall, to the extent feasible—
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1 ‘‘(A) present a representative list and ex2 planation of plausible and alternative assump3 tions, inferences, or models;

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

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

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

8 risk assessment and make explicit the assump9 tions incorporated in the model; and

10 ‘‘(E) indicate the extent to which any sig11 nificant model has been validated by, or con12 flicts with, empirical data.

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

14 meet each of the following requirements regarding

15 risk characterization and communication:

16 ‘‘(A) The risk characterization shall de17 scribe the populations or natural resources

18 which are the subject of the risk characteriza19 tion. If a numerical estimate of risk is provided,

20 the agency shall, to the extent feasible,

21 provide—

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

23 the specific populations or natural re24 sources which are the subject to the char-
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1 acterization (based on the information

2 available to the Federal agency); and

3 ‘‘(ii) a statement of the reasonable

4 range of scientific uncertainties.

5 In addition to such best estimate or estimates,

6 the risk characterization document may present

7 plausible upper-bound or conservative estimates

8 in conjunction with plausible lower-bound esti9 mates. Where appropriate, the risk character10 ization document may present, in lieu of a sin11 gle best estimate, multiple best estimates based

12 on assumptions, inferences, or models which are

13 equally plausible, given current scientific under14 standing. To the extent practicable and appro15 priate, the document shall provide descriptions

16 of the distribution and probability of risk esti17 mates to reflect differences in exposure varia18 bility or sensitivity in populations and attend19 ance uncertainties. Sensitive subpopulations or

20 highly exposed subpopulations include, where

21 relevant and appropriate, children, the elderly,

22 pregnant women, and disabled persons.

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

24 actual exposure pathways and currently planned

25 future land and water uses as established by
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•HR 1649 IH

1 any local governmental authorities with jurisdic2 tion over the property and shall consider the

3 availability of alternative water supplies. To the

4 extent feasible, the site-specific risk assessment

5 shall include a statement of the size of the pop6 ulation at risk under any proposed exposure

7 scenario and the likelihood of such scenario.

8 Exposure scenarios shall explicitly identify

9 those exposure scenarios which result in plau10 sible completed exposure pathways.

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

12 contain a statement that places the magnitude

13 of risks to human health, safety, or the environ14 ment in context. Such statement shall, to the

15 extent feasible, provide comparisons with esti16 mates of greater, lesser, and substantially

17 equivalent risks that are familiar to and rou18 tinely encountered by the general public as well

19 as other risks, and where appropriate and

20 meaningful, comparisons of those risks with

21 other similar risks regulated by the Federal

22 agency resulting from comparable activities and

23 exposure pathways. Such comparisons should

24 consider relevant distinctions among risks, such

25 as the voluntary or involuntary nature of risks
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1 and the preventability or nonpreventability of

2 risks.

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

4 shall include a statement of any significant sub5 stitution risks to human health, where informa6 tion on such risks has been provided to the

7 Under Secretary.

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

9 Secretary with a relevant risk assessment and a

10 summary thereof in a timely fashion and the

11 risk assessment is consistent with the principles

12 and the guidance provided under this section,

13 the Under Secretary shall, to the extent fea14 sible, present such summary in connection with

15 the presentation of the site-specific risk assess16 ment. Nothing in this paragraph shall be con17 strued to limit the inclusion of any comments or

18 material supplied by any person to the adminis19 trative record of any proceeding.

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

21 the requirements of subparagraph (C), (D), or (E)

22 of paragraph (3) by reference to information or ma23 terial otherwise available to the public if the docu24 ment provides a brief summary of such information

25 or material.
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1 ‘‘SEC. 514. ANALYSIS OF RISK REDUCTION BENEFITS AND

2 COSTS.

3 ‘‘(a) IN GENERAL.—The Under Secretary shall pre4 pare an analysis of risk reduction benefits and costs in

5 accordance with this section before the selection of a reme6 dial action at a defense nuclear facility.

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

8 reduction benefits and costs for a remedial action shall

9 contain the following:

10 ‘‘(1) An identification of reasonable alternative

11 strategies, including strategies that are proposed

12 during a public comment period.

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

14 incremental risk reduction or other benefits associ15 ated with each alternative remedial action identified

16 or considered. Costs and benefits shall be quantified

17 to the extent feasible and appropriate and may oth18 erwise be qualitatively described.

19 ‘‘(3) A statement that places in context the na20 ture and magnitude of the risks to be addressed and

21 the residual risks likely to remain for each alter22 native strategy identified or considered by the Under

23 Secretary. Such statement shall, to the extent fea24 sible, provide comparisons with estimates of greater,

25 lesser, and substantially equivalent risks that are fa26 miliar to and routinely encountered by the general
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1 public as well as other risks and, where appropriate

2 and meaningful, comparisons of those risks with

3 other similar risks regulated by the Federal Govern4 ment resulting from comparable activities and expo5 sure pathways. Such comparisons should consider

6 relevant distinctions among risks, such as the vol7 untary or involuntary nature of risks and the pre8 ventability or nonpreventability of risks.

9 ‘‘(4) An analysis of whether the identified bene10 fits of the remedial action are likely to exceed the

11 identified costs of the remedial action.’’.

12 (b) CONFORMING AMENDMENT.—Section 120(a)(3)

13 of the Comprehensive Environmental Response, Com14 pensation, and Liability Act of 1980 (42 U.S.C.

15 9620(a)(3)) is amended by inserting after the second sen16 tence the following new sentence: ‘‘This subsection also

17 shall not apply to the extent otherwise provided in title

18 V with respect to selection of remedial actions at defense

19 nuclear facilities.’’.

20 SEC. 522. RENEGOTIATION OF COMPLIANCE AGREEMENTS.

21 (a) REQUIREMENT.—For each defense nuclear facil22 ity with respect to which a compliance agreement has been

23 entered into by the Secretary of Energy, the Adminis24 trator of the Environmental Protection Agency, and a

25 State as of the date of the enactment of this Act, the
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1 Under Secretary of Defense for Defense Nuclear Pro2 grams shall enter into negotiations with the Administrator

3 of the Environmental Protection Agency and the State

4 concerned to renegotiate the terms of the compliance

5 agreement to reflect title V of the Comprehensive Environ6 mental Response, Compensation, and Liability Act of

7 1980, as added by section 521(a).

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

9 Defense Nuclear Programs shall complete renegotiation of

10 compliance agreements as required by subsection (a) not

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

12 Act.

13 TITLE VI—DISPOSITION OF MIS14 CELLANEOUS PARTICULAR

15 PROGRAMS, FUNCTIONS, AND

16 AGENCIES OF DEPARTMENT

17 SEC. 601. ENERGY RESEARCH AND DEVELOPMENT.

18 (a) AUTHORIZATION.—

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

20 appropriated for Energy Supply Research and De21 velopment activities of the Department of Energy,

22 including Basic Energy Sciences, Magnetic Fusion

23 Energy, Solar and Renewable Energy, Nuclear Fis24 sion, and Biological and Environmental Sciences re25 search and development, and all other research and
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1 development activities of the Department of Energy

2 other than General Science and Research activities,

3 shall not exceed—

4 (A) for fiscal year 2000, 75 percent of the

5 budget authority available for such purposes for

6 fiscal year 1999;

7 (B) for fiscal year 2001, 50 percent of the

8 budget authority available for such purposes for

9 fiscal year 1999;

10 (C) for fiscal year 2002, 50 percent of the

11 budget authority available for such purposes for

12 fiscal year 1999;

13 (D) for fiscal year 2003, 50 percent of the

14 budget authority available for such purposes for

15 fiscal year 1999; and

16 (E) for fiscal year 2004, 50 percent of the

17 budget authority available for such purposes for

18 fiscal year 1999.

19 (2) DEFINITION.—For purposes of this sub20 section, the term ‘‘budget authority’’ has the mean21 ing given such term in section 3(2) of the Congres22 sional Budget Act of 1974.

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

24 of the enactment of this Act, the Energy Laboratory Fa25 cilities Commission established under section 201(a) of
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1 this Act shall identify in a report to Congress all research

2 and development activities of the Department of Energy

3 carried out at energy laboratories (as such term is defined

4 in section 208(5) of this Act) or at institutions of higher

5 education, that perform a critical research function of im6 portance to the long-term economic wellbeing of the

7 United States. Such report shall include recommendations

8 for the transfer of such activities to appropriate Federal

9 agencies.

10 (c) TERMINATION OF PROGRAMS.—

11 (1) CLEAN COAL TECHNOLOGY.—The Secretary

12 of Energy shall terminate all clean coal technology

13 research and development activities of the Depart14 ment of Energy.

15 (2) FOSSIL ENERGY AND ENERGY CONSERVA16 TION.—The amount which may be appropriated to

17 the Secretary of Energy—

18 (A) for fossil energy research and develop19 ment activities of the Department of Energy

20 shall not exceed—

21 (i) for fiscal year 2000, 75 percent of

22 the budget authority available for such

23 purposes for fiscal year 1999;
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1 (ii) for fiscal year 2001, 50 percent of

2 the budget authority available for such

3 purposes for fiscal year 1999; and

4 (iii) for fiscal year 2002, 25 percent

5 of the budget authority available for such

6 purposes for fiscal year 1999; and

7 (B) for energy conservation research and

8 development activities of the Department of En9 ergy shall not exceed—

10 (i) for fiscal year 2000, 75 percent of

11 the budget authority available for such

12 purposes for fiscal year 1999;

13 (ii) for fiscal year 2001, 50 percent of

14 the budget authority available for such

15 purposes for fiscal year 1999; and

16 (iii) for fiscal year 2002, 25 percent

17 of the budget authority available for such

18 purposes for fiscal year 1999.

19 The fossil energy and energy conservation research

20 and development activities of the Department of En21 ergy shall be terminated at the end of fiscal year

22 2002.

23 (d) TRANSFER OF PROGRAMS.—The following activi24 ties of the Department of Energy shall, no later than 60
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1 days after the date of the enactment of this Act, be trans2 ferred to the Department of Defense:

3 (1) All activities described under the category

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

5 of the President for fiscal year 2000, including

6 weapons stockpile stewardship and management.

7 (2) All activities described under the category

8 ‘‘Other Defense Activities’’ in the annual budget re9 quest of the President for fiscal year 2000, other

10 than the activity described as ‘‘Naval Reactors’’.

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

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

13 this Act until the completion of the execution of sub14 sections (c) and (d), transmit to the Congress a report

15 on the progress made toward such execution.

16 SEC. 602. ENERGY INFORMATION ADMINISTRATION.

17 There are hereby transferred to the Department of

18 the Treasury all functions performed by the Energy Infor19 mation Administration on the day before the effective date

20 of this section. There are authorized to be appropriated

21 for carrying out the activities of the Energy Information

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

23 2000 through 2004.
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1 SEC. 603. ENERGY REGULATORY ADMINISTRATION.

2 There are hereby transferred to the Attorney General

3 all functions performed by the Energy Regulatory Admin4 istration on the day before the effective date of this sec5 tion.

6 SEC. 604. EFFECTIVE DATE.

7 (a) GENERAL RULE.—Except as provided in sub8 section (b), this title shall take effect on the date specified

9 in section 109(a) of this Act.

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

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

12 TITLE VII—CIVILIAN RADIO13 ACTIVE WASTE MANAGEMENT

14 SEC. 701. TRANSFER OF AUTHORITY TO THE SECRETARY

15 OF THE ARMY.

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

17 calendar month beginning after the date of enactment of

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

19 1982 (42 U.S.C. 10224) is amended to read as follows:

20 ‘‘ARMY CORPS OF ENGINEERS

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

22 Radioactive Waste Management (referred to in this sec23 tion as the ‘office’) is terminated and the authority and

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

25 I respecting a repository for radioactive waste and spent

26 nuclear fuel is transferred to the Army Corps of Engineers
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1 (referred to in this section as the ‘Corps’). In connection

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

3 other obligations of the office with respect to the Yucca

4 Mountain site and the permits from the State of Nevada

5 for the site shall be reissued for the Corps.

6 ‘‘(b) YUCCA MOUNTAIN SITE.—The Corps shall re7 view the characterization plan of, and the work under8 taken by, the office for the Yucca Mountain site. Effective

9 6 months after the transfer under subsection (a), the

10 Corps shall prepare its own site characterization plan in

11 accordance with section 113. The plan shall be submitted

12 to the Nuclear Waste Technical Review Board for its re13 view and comments. If the Yucca Mountain site is found

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

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

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

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

18 Nevada in accordance with subtitle F of title I.

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

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

21 characterization plan for another site.’’.

22 (b) CONFORMING AMENDMENTS.—

23 (1) TABLE OF CONTENTS.—The table of con24 tents in section 1 of the Nuclear Waste Policy Act

25 of 1982 (42 U.S.C. prec. 10101) is amended by
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1 striking the item relating to section 304 and insert2 ing the following:

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

3 (2) REFERENCES TO THE SECRETARY OF

4 ENERGY.—

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

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

7 10101(20)) is amended by striking ‘‘Secretary

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

9 Army’’.

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

11 the Nuclear Waste Policy Act of 1982 (42

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

13 ‘‘Secretary of Energy’’ and inserting ‘‘Sec14 retary’’.

15 (3) REFERENCES TO THE DEPARTMENT OF

16 ENERGY.—

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

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

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

21 Army’’.

22 (B) NUCLEAR WASTE TECHNICAL REVIEW

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

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

4 to the Board who is an employee of—

5 ‘‘(I) the Department of Defense;

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

7 the Department of Defense; or

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

10 contract with the Department of Defense.’’.

11 (C) OTHER PROVISIONS.—The Nuclear

12 Waste Policy Act of 1982 is amended in each

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

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

16 (ii) Section 224(b).

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

18 (4) REFERENCE TO THE OFFICE OF CIVILIAN

19 WASTE MANAGEMENT.—Section 2 of the Nuclear

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

21 amended by striking paragraph (17).

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

24 FUEL BY 1998.

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

2 (A) the generation of electricity by nuclear

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

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

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

9 is expected to be produced during the terms of

10 their current licenses;

11 (C) the vast majority of commercial spent

12 nuclear fuel is currently stored in individual

13 water-filled pools at reactor sites throughout

14 the Nation;

15 (D) the storage pools for the temporary

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

18 (E) since the beginning of the commercial

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

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

23 (F) Congress enacted the Nuclear Waste

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

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

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

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

8 costs of the Federal disposal program to be

9 paid by utility ratepayers and owners;

10 (G) since the enactment of the Nuclear

11 Waste Policy Act of 1982, utility ratepayers

12 and owners have paid more than

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

14 (H) under the schedule established in the

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

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

20 (I) despite the 14 years that have passed

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

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

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

2 under optimistic assumptions, is 2010;

3 (J) the Nuclear Waste Policy Act of 1982

4 currently prohibits the selection of a site for a

5 monitored retrievable storage facility until a

6 site for a permanent repository has been

7 selected;

8 (K) the Federal Government, under the

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

12 (L) the General Accounting Office and

13 other technical experts have indicated that

14 greater privatization would enhance cost

15 efficiencies.

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

17 are—

18 (A) to ensure that the Secretary of the

19 Army fulfills what was formerly the responsi20 bility of the Secretary of Energy to site, con21 struct, and operate temporary and permanent

22 nuclear waste disposal facilities in a safe and

23 timely manner; and

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

2 of spent nuclear fuel beginning not later than

3 January 31, 1998.

4 (b) REAFFIRMATION OF OBLIGATION OF SECRETARY

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

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

7 at the end the following:

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

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

11 absolute and is not dependent on the commencement of

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

14 for any reason.’’.

15 (c) SITING OF MONITORED RETRIEVABLE STORAGE

16 FACILITY.—

17 (1) REPEAL OF SITE SELECTION LIMITATION.—

18 Section 145 of the Nuclear Waste Policy Act of

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

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

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

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

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

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

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

7 licensing of independent spent fuel storage installations,

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

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

10 (b) EXPANSION.—

11 (1) OPERATION CONSISTENT WITH CURRENT

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

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

15 and shall be operational, consistent with sections

16 135(a)(4), 137(a), 141(a), and 148 (a), (b), and (c)

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

18 10155(4), 10157(a), 10161(a), 10168 (a), (b), (c)).

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

20 135(a) (1) and (2), 135 (d) and (e), 141(g), 145,

21 146, and 148(d) (1), (3), and (4) of the Nuclear

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

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

24 10168(d) (1), (3), (4)) are repealed.

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

26 Army shall review the activities of the initial storage facil-
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1 ity program, including all cooperative agreements, inter2 national commitments, and university assistance, and

3 shall make available to those entities amounts, that are

4 commensurate with the revised program for nuclear waste

5 disposal activities.

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

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

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

9 year budget, that addresses the construction and operation

10 of the interim storage capability, the revised site charac11 terization program at the Yucca Mountain site, and the

12 results of the Secretary’s review of the program’s institu13 tional activities.

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

15 date of enactment of this Act, the Comptroller General

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

17 Congress a report on the extent to which the management

18 of civilian radioactive waste by the private sector might

19 result in cost efficiencies and the means by which the re20 sponsibility for performing management of civilian radio21 active waste may be transferred to the private sector.
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1 TITLE VIII—MISCELLANEOUS

2 PROVISIONS

3 SEC. 801. REFERENCES.

4 Any reference in any other Federal law, Executive

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

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

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

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

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

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

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

15 SEC. 802. EXERCISE OF AUTHORITIES.

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

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

21 the official responsible for the performance of the function

22 immediately before the effective date of the transfer of the

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

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

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

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

11 transferred by this Act, and

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

13 such transfer (or become effective after such date

14 pursuant to their terms as in effect on such effective

15 date),

16 shall continue in effect according to their terms until

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

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

20 of law.

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

22 proceedings or any application for any benefits, service,

23 license, permit, certificate, or financial assistance pending

24 on the date of the enactment of this Act before an office

25 transferred by this Act, but such proceedings and applica26 tions shall be continued. Orders shall be issued in such
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1 proceedings, appeals shall be taken therefrom, and pay2 ments shall be made pursuant to such orders, as if this

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

4 proceeding shall continue in effect until modified, termi5 nated, superseded, or revoked by a duly authorized official,

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

7 law. Nothing in this subsection shall be considered to pro8 hibit the discontinuance or modification of any such pro9 ceeding under the same terms and conditions and to the

10 same extent that such proceeding could have been discon11 tinued or modified if this Act had not been enacted.

12 (c) SUITS.—This Act shall not affect suits com13 menced before the date of the enactment of this Act, and

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

15 and judgments rendered in the same manner and with the

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

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

18 or other proceeding commenced by or against the Depart19 ment of Energy or the Secretary of Energy, or by or

20 against any individual in the official capacity of such indi21 vidual as an officer or employee of an office transferred

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

23 Act.

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

25 Department of Energy or the Energy Programs Resolu-
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1 tion Agency in the official capacity of such officer is party

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

3 under this Act such function is transferred to any other

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

5 the other officer or the head of such other office, as appli6 cable, substituted or added as a party.

7 SEC. 804. TRANSFER OF ASSETS.

8 Except as otherwise provided in this Act, so much

9 of the personnel, property, records, and unexpended bal10 ances of appropriations, allocations, and other funds em11 ployed, used, held, available, or to be made available in

12 connection with a function transferred to an official by

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

14 times as the Director of the Office of Management and

15 Budget directs for use in connection with the functions

16 transferred.

17 SEC. 805. DELEGATION AND ASSIGNMENT.

18 Except as otherwise expressly prohibited by law or

19 otherwise provided in this Act, an official to whom func20 tions are transferred under this Act (including the head

21 of any office to which functions are transferred under this

22 Act) may delegate any of the functions so transferred to

23 such officers and employees of the office of the official as

24 the official may designate, and may authorize successive

25 redelegations of such functions as may be necessary or ap-
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1 propriate. No delegation of functions under this section

2 or under any other provision of this Act shall relieve the

3 official to whom a function is transferred under this Act

4 of responsibility for the administration of the function.

5 SEC. 806. AUTHORITY OF OFFICE OF MANAGEMENT AND

6 BUDGET WITH RESPECT TO FUNCTIONS

7 TRANSFERRED.

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

9 Management and Budget shall make any determination of

10 the functions that are transferred under this Act.

11 (b) INCIDENTAL TRANSFERS.—The Director of the

12 Office of Management and Budget, at such time or times

13 as the Director shall provide, may make such determina14 tions as may be necessary with regard to the functions

15 transferred by this Act, and to make such additional inci16 dental dispositions of personnel, assets, liabilities, grants,

17 contracts, property, records, and unexpended balances of

18 appropriations, authorizations, allocations, and other

19 funds held, used, arising from, available to, or to be made

20 available in connection with such functions, as may be nec21 essary to carry out the provisions of this Act. The Director

22 of the Office of Management and Budget shall provide for

23 the termination of the affairs of all entities terminated by

24 this Act and for such further measures and dispositions

25 as may be necessary to effectuate the purposes of this Act.
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1 SEC. 807. PROPOSED CHANGES IN LAW.

2 Not later than one year after the date of the enact3 ment of this Act, the Director of the Office of Manage4 ment and Budget shall submit to the Congress a descrip5 tion of any changes in Federal law necessary to reflect

6 abolishments, transfers, terminations, and disposals under

7 this Act.

8 SEC. 808. CERTAIN VESTING OF FUNCTIONS CONSIDERED

9 TRANSFER.

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

11 in a department or office pursuant to reestablishment of

12 an office shall be considered to be the transfer of the func13 tion.

14 SEC. 809. DEFINITIONS.

15 Except as otherwise provided in this Act, for purposes

16 of this Act the following definitions apply:

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Energy Pro19 grams Resolution Agency.

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

21 Energy Programs Resolution Agency.

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

23 any duty, obligation, power, authority, responsibility,

24 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, organizational entity, or component thereof.

4 (5) TERMINATION DATE.—The term ‘‘termi5 nation date’’ means the termination date under sec6 tion 106(d).

7 (6) WIND-UP PERIOD.—The term ‘‘wind-up pe8 riod’’ means the period beginning on the effective

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

10 termination date.

Æ