225
mates to reflect differences in exposure varia-
bility or sensitivity in populations and attend-
ance uncertainties. Sensitive subpopulations or
highly exposed subpopulations include, where
relevant and appropriate, children, the elderly,
pregnant women, and disabled persons.
‘‘(B) Exposure scenarios shall be based on
actual exposure pathways and currently planned
future land and water uses as established by
any local governmental authorities with jurisdic-
tion over the property and shall consider the
availability of alternative water supplies. To the
extent feasible, the site-specific risk assessment
shall include a statement of the size of the pop-
ulation at risk under any proposed exposure
scenario and the likelihood of such scenario.
Exposure scenarios shall explicitly identify
those exposure scenarios which result in plau-
sible completed exposure pathways.
‘‘(C) A site-specific risk assessment shall
contain a statement that places the magnitude
of risks to human health, safety, or the environ-
ment in context. Such statement shall, to the
extent feasible, provide comparisons with esti-
mates of greater, lesser, and substantially
226
equivalent risks that are familiar to and rou-
tinely encountered by the general public as well
as other risks, and where appropriate and
meaningful, comparisons of those risks with
other similar risks regulated by the Federal
agency resulting from comparable activities and
exposure pathways. Such comparisons should
consider relevant distinctions among risks, such
as the voluntary or involuntary nature of risks
and the preventability or nonpreventability of
risks.
‘‘(D) Each site-specific risk assessment
shall include a statement of any significant sub-
stitution risks to human health, where informa-
tion on such risks has been provided to the
Under Secretary.
‘‘(E) If a commenter provides the Under
Secretary with a relevant risk assessment and a
summary thereof in a timely fashion and the
risk assessment is consistent with the principles
and the guidance provided under this section,
the Under Secretary shall, to the extent fea-
sible, present such summary in connection with
the presentation of the site-specific risk assess-
ment. Nothing in this paragraph shall be con-
227
strued to limit the inclusion of any comments or
material supplied by any person to the adminis-
trative record of any proceeding.
‘‘(4) A site-specific risk assessment may satisfy
the requirements of subparagraph (C), (D), or (E)
of paragraph (3) by reference to information or ma-
terial otherwise available to the public if the docu-
ment provides a brief summary of such information
or material.
‘‘SEC. 414. ANALYSIS OF RISK REDUCTION BENEFITS AND
COSTS.
‘‘(a) IN GENERAL.—The Under Secretary shall pre-
pare an analysis of risk reduction benefits and costs in
accordance with this section before the selection of a reme-
dial action at a defense nuclear facility.
‘‘(b) CONTENTS OF ANALYSIS.—An analysis of risk
reduction benefits and costs for a remedial action shall
contain the following:
‘‘(1) An identification of reasonable alternative
strategies, including strategies that are proposed
during a public comment period.
‘‘(2) An analysis of the incremental costs and
incremental risk reduction or other benefits associ-
ated with each alternative remedial action identified
or considered. Costs and benefits shall be quantified
228
to the extent feasible and appropriate and may oth-
erwise be qualitatively described.
‘‘(3) A statement that places in context the na-
ture and magnitude of the risks to be addressed and
the residual risks likely to remain for each alter-
native strategy identified or considered by the Under
Secretary. Such statement shall, to the extent fea-
sible, provide comparisons with estimates of greater,
lesser, and substantially equivalent risks that are fa-
miliar to and routinely encountered by the general
public as well as other risks and, where appropriate
and meaningful, comparisons of those risks with
other similar risks regulated by the Federal Govern-
ment resulting from comparable activities and expo-
sure pathways. Such comparisons should consider
relevant distinctions among risks, such as the vol-
untary or involuntary nature of risks and the pre-
ventability or nonpreventability of risks.
‘‘(4) An analysis of whether the identified bene-
fits of the remedial action are likely to exceed the
identified costs of the remedial action.’’.
(b) CONFORMING AMENDMENT.—Section 120(a)(3)
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C.
9620(a)(3)) is amended by inserting after the second sen-
229
tence the following: ‘‘This subsection also shall not apply
to the extent otherwise provided in title IV with respect
to selection of remedial actions at defense nuclear facili-
ties.’’.
(c) 
RENEGOTIATION
OF
COMPLIANCE
AGREE-
MENTS.—
(1) REQUIREMENT.—For each defense nuclear
facility with respect to which a compliance agree-
ment has been entered into by the Secretary of En-
ergy, the Environmental Protection Agency, and a
State as of the date of the enactment of this sub-
title, the Under Secretary of Defense for Defense
Nuclear Programs shall enter into negotiations with
the Environmental Protection Agency and the State
concerned to renegotiate the terms of the compliance
agreement to reflect title IV of the Comprehensive
Environmental Response, Compensation, and Liabil-
ity Act of 1980, as added by subsection (a).
(2) DEADLINE.—The Under Secretary of De-
fense for Defense Nuclear Programs shall complete
renegotiation of compliance agreements as required
by paragraph (1) not later than one year after the
date of the enactment of this subtitle.
230
CHAPTER 
6—DISPOSITION 
OF 
MIS-
CELLANEOUS 
PARTICULAR 
PRO-
GRAMS, FUNCTIONS, AND AGENCIES
OF DEPARTMENT
SEC. 4061. ENERGY RESEARCH AND DEVELOPMENT.
(a) GENERAL RULE.—Except as otherwise provided
in this subtitle, Energy Supply Research and Development
activities of the Department of Energy, including Basic
Energy Sciences, Magnetic Fusion Energy, Solar and Re-
newable Energy, Nuclear Fission, and Biological and En-
vironmental Sciences research and development, and all
other research and development activities of the Depart-
ment of Energy other than General Science and Research
activities, shall be terminated within 2 years after the ef-
fective date stated in section 4064(a).
(b) CRITICAL RESEARCH.—
(1) ADMINISTRATOR.—Within 1 year of the
date of the enactment of this Act, the Administrator
shall identify in a report to Congress all research
and development activities of the Department of En-
ergy, other than activities carried out at energy lab-
oratories (as such term is defined in section 4028(5)
of this subtitle), that perform a critical research
function of importance to the long-term economic
wellbeing of the United States. Such report shall in-
231
clude recommendations for the transfer of such ac-
tivities to appropriate Federal agencies.
(2) ENERGY LABORATORY FACILITIES COMMIS-
SION.—Within 1 year of the date of the enactment
of this Act, the Energy Laboratory Facilities Com-
mission established under section 4021(a) of this
subtitle shall identify in a report to Congress all re-
search and development activities of the Department
of Energy carried out at energy laboratories (as
such term is defined in section 4028(5) of this sub-
title), that perform a critical research function of
importance to the long-term economic wellbeing of
the United States. Such report shall include rec-
ommendations for the transfer of such activities to
appropriate Federal agencies.
(3) COORDINATION.—The Administrator and
the Energy Laboratory Facilities Commission shall
coordinate the execution of their respective respon-
sibilities under paragraphs (1) and (2).
(c) TERMINATION OF PROGRAMS.—
(1) CLEAN COAL TECHNOLOGY.—The Secretary
of Energy shall terminate all clean coal technology
research and development activities of the Depart-
ment of Energy.
232
(2) FOSSIL ENERGY AND ENERGY CONSERVA-
TION.—There are authorized to be appropriated to
the Secretary of Energy—
(A) for fossil energy research and develop-
ment activities of the Department of Energy—
(i) $150,000,000 for fiscal year 1996;
(ii) $135,000,000 for fiscal year 1997;
and
(iii) $120,000,000 for fiscal year
1998; and
(B) for energy conservation research and
development activities of the Department of En-
ergy—
(i) $427,000,000 for fiscal year 1996;
(ii) $412,000,000 for fiscal year 1997;
and
(iii) $397,000,000 for fiscal year
1998.
The fossil energy and energy conservation research
and development activities of the Department of En-
ergy shall be terminated at the end of fiscal year
1998.
(d) TRANSFER OF PROGRAMS.—The following activi-
ties of the Department of Energy shall, no later than 60
233
days after the date of the enactment of this Act, be trans-
ferred to the Department of Defense:
(1) All activities described under the category
‘‘Weapons Activities’’ in the annual budget request
of the President for fiscal year 1996, including
weapons stockpile stewardship and management.
(2) All activities described under the category
‘‘Materials Support and Other Defense Programs’’
in the annual budget request of the President for
fiscal year 1996.
(e) PROGRESS REPORTS.—The Secretary of Energy
shall, every 90 days after the date of the enactment of
this Act until the completion of the execution of sub-
sections (c) and (d), transmit to the Congress a report
on the progress made toward such execution.
SEC. 4062. ENERGY INFORMATION ADMINISTRATION.
There are hereby transferred to the Department of
the Treasury all functions performed by the Energy Infor-
mation Administration on the day before the effective date
of this section. There are authorized to be appropriated
for carrying out the activities of the Energy Information
Administration $44,000,000 for each of the fiscal years
1996 through 2000.
234
SEC. 4063. ENERGY REGULATORY ADMINISTRATION.
(a) TRANSFER
OF INTERNATIONAL REGULATORY
FUNCTIONS.—There are hereby transferred to the Sec-
retary of Agriculture all international regulatory functions
performed by the Energy Regulatory Administration on
the day before the effective date of this section.
(b) TRANSFER OF LITIGATION FUNCTIONS.—There
are hereby transferred to the Attorney General all func-
tions performed by the Energy Regulatory Administration
with respect to pending litigation on the day before the
effective date of this section.
SEC. 4064. EFFECTIVE DATE.
(a) GENERAL RULE.—Except as provided in sub-
section (b), this chapter shall take effect on the date speci-
fied in section 4019(a) of this subtitle.
(b) EXCEPTIONS.—Section 4061(c), (d), and (e),
shall take effect on the date of the enactment of this Act.
CHAPTER 7—INTERIM WASTE STORAGE
SEC. 4071. WASTE SITE WORK UNDER NUCLEAR WASTE
POLICY ACT OF 1982.
All work under subtitles A and B of title I of the
Nuclear Waste Policy Act of 1982 shall be terminated 90
days after the date of the enactment of this Act.
235
SEC. 4072. OFFICE OF CIVILIAN RADIOACTIVE WASTE MAN-
AGEMENT.
Effective upon the expiration of the third calendar
month beginning after the date of the enactment of this
Act, section 304 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10224) is amended to read as follows:
‘‘UNITED STATES GEOLOGICAL SURVEY
‘‘SEC. 304. The Office of Civilian Radioactive Waste
Management (referred to in this section as the ‘office’)
is terminated and the authority and assets of the office
with respect to its activities under title I respecting a re-
pository for radioactive waste and spent nuclear fuel is
transferred to the United States Geological Survey (re-
ferred to in this section as the ‘USGS’).’’.
SEC. 4073. INTERIM STORAGE AT FEDERAL FACILITY.
(a) AUTHORIZATION AND LOCATION OF FEDERAL
FACILITY.—
(1) SITE.—The Corps of Engineers shall de-
sign, construct, and operate a facility for the interim
storage of high-level radioactive waste and spent nu-
clear fuel. The Nuclear Waste Technical Review
Board established under title V of the Nuclear
Waste Policy Act of 1982 shall select the site for the
facility. The United States Geological Survey shall
conduct site characterization, in accordance with sec-
tion 131 of such Act (42 U.S.C. 10133), of the site
236
selected by such Board. Such site shall be at a loca-
tion under the jurisdiction of the Department of En-
ergy.
(2) LICENSE.—The interim storage facility
shall be licensed by the Commission in accordance
with its regulations governing the licensing of inde-
pendent high-level radioactive waste and spent fuel
storage installations, as modified in accordance with
this section, and shall commence operation as soon
as practicable.
(b) CAPACITY.—The interim storage facility shall be
designed to provide sufficient capacity to store high-level
radioactive waste and spent nuclear fuel from civilian nu-
clear power plants until the Corps of Engineers is able
to transfer the high-level radioactive waste and spent fuel.
In no event shall the design capacity of the interim storage
facility be less than 40,000 MTU and the capacity of such
facility shall be expandable.
(c) DESIGN.—The interim storage facility shall sat-
isfy the following design criteria:
(1) The design shall be expandable so that ad-
ditional storage capacity can be added as necessary.
(2) To the extent practicable, the design shall
be based on the use of multi-purpose canister sys-
tems developed under section 4025 and certified by
237
the Commission for the storage and transportation
of high-level radioactive waste and spent nuclear
fuel.
(3) Consistent with the design objective speci-
fied in paragraph (2), the design shall provide for
the use of such other storage technologies as are li-
censed or certified by the Commission for use at the
interim storage facility as necessary to ensure com-
patibility between the interim storage facility and
contract holders’ high-level radioactive waste and
spent nuclear fuel and facilities, and to facilitate the
Corps of Engineers’s ability to meet the Corps of
Engineers’s obligations under this title.
(d) LICENSING.—
(1) No later than 6 months from the date of
enactment of this Act, the Corps of Engineers shall
submit to the Commission an application for a li-
cense for the interim storage facility pursuant to the
Commission’s regulations governing the licensing of
independent high-level radioactive waste and spent
fuel storage installations. Such license application
shall be accompanied by a Safety Analysis Report
and an Environmental Report, as required by such
regulations.
238
(2) No later than 3 months from the date of
enactment of this Act, the Commission shall amend
its regulations governing the licensing of independ-
ent high-level radioactive waste and spent fuel stor-
age installations as necessary and appropriate to
carry out the purposes of this section. Such amend-
ments shall incorporate the following provisions—
(A) the license shall be issued in phases as
necessary to support the commencement of op-
erations at the interim storage facility as soon
as practicable, but no later than January 31,
1998;
(B) the license shall authorize a storage
capacity of no less than 40,000 MTU, except
that the Commission may license an initial stor-
age capacity of less than 40,000 MTU in ac-
cordance with subparagraph (A) to permit the
commencement of operations; and
(C) the license shall be issued for an initial
term of up to 100 years, and shall be renewable
for additional terms upon application of the
Corps of Engineers.
(3) The Commission shall consider the Corps of
Engineers’s license application in accordance with
the provisions of this title and the Commission’s reg-
239
ulations governing the licensing of independent high-
level radioactive waste and spent fuel storage instal-
lations, as amended in accordance with this title, ex-
cept that the Commission shall issue a final decision
granting or denying the license no later than 18
months from the date of the submittal of the license
application.
(e) ADDITIONAL AUTHORITY.—
(1) The Corps of Engineers is authorized to
commence construction of the interim storage facil-
ity subsequent to submittal of the license applica-
tion. The Commission shall issue an order suspend-
ing such construction at any time if the Commission
determines that such construction poses an unrea-
sonable risk to public health and safety or the envi-
ronment. The Commission shall terminate all or part
of such order upon a determination that the Corps
of Engineers has taken appropriate action to elimi-
nate such risk.
(2) For a temporary period beginning with issu-
ance of the license for the interim storage facility,
the Commission shall authorize the Corps of Engi-
neers, at the Corps of Engineers’ request, to utilize
any facility owned by the Federal Government on
the date of enactment of this Act and within the
240
boundaries of the interim storage facility site,
whether or not such facility is licensed by the Com-
mission, in connection with the storage, transpor-
tation, and handling of high-level radioactive waste
and spent nuclear fuel at the interim storage facility
if the Commission establishes reasonable terms and
conditions for use of such facility in the license for
the interim storage facility and if the Commission
oversees the use of such facility to assure that such
use does not pose an unreasonable risk to public
health and safety and the environment.
(f) NATIONAL ENVIRONMENTAL POLICY ACT
OF
1969.—
(1) The Corps of Engineers shall comply with
any environmental requirements imposed by Com-
mission regulations applicable to the licensing of
independent high-level radioactive waste and spent
fuel storage installations, including the required sub-
mission of environmental reports, in like manner as
a private applicant. No activity of the Corps of En-
gineers under this section, including the selection of
a site for the interim storage facility, the prepara-
tion and submittal of a license application for such
facility, and the construction and operation of such
facility shall be considered a major Federal action
241
significantly affecting the quality of the human envi-
ronment for purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). No
such activity shall require the preparation of an en-
vironmental 
impact 
statement 
under 
section
102(2)(C) of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332(2)(C)) or require any envi-
ronmental review under subparagraph (E) or (F) of
such Act.
(2)(A) Any licensing action by the Commission
under this section shall be accompanied by an Envi-
ronmental Impact Statement prepared under section
102(2)(C) of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332(2)(C)). In preparing such
Environmental Impact Statement, the Commis-
sion—
(i) shall assume that 100,000 MTU will be
stored at the facility; and
(ii) shall analyze the impacts of the trans-
portation of high-level radioactive waste and
spent nuclear fuel to the interim storage facility
in a generic manner.
(B) Such Environmental Impact Statement
shall not consider—
242
(i) the need for the interim storage facility,
including any individual component thereof;
(ii) the time of the initial availability of the
interim storage facility;
(iii) any alternatives to the storage of high-
level radioactive waste and spent nuclear fuel at
the interim storage facility;
(iv) any alternatives to the site of the facil-
ity as designated by the Corps of Engineers in
accordance with subsection (a);
(v) any alternatives to the design criteria
for such facility or any individual component
thereof, as specified by the Corps of Engineers
in the license application; or
(vi) the environmental impacts of the stor-
age of high-level radioactive waste and spent
nuclear fuel at the interim storage facility be-
yond the initial term of the license or the term
of the renewal period for which a license re-
newal application is made.
(g) STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE
AND SPENT NUCLEAR FUEL.—The Corps of Engineers
shall begin storing high-level radioactive waste and spent
nuclear fuel at the interim storage facility at the earliest
practicable date, but no later than January 31, 1998. Sub-
243
ject to the budget priorities established in section 4041,
all actions by the Corps of Engineers, the Commission,
the Corps of Engineers of the Interior, or any Federal
agency or officer with respect to consideration of applica-
tions or requests for the issuance or grant of any author-
ization related to the interim storage facility, including the
certification of multi-purpose canister systems, shall be ex-
pedited, and any such application or request shall take
precedence over any other activity not related to the in-
terim storage facility.
(h) JUDICIAL REVIEW.—
(1) The Corps of Engineers’ actions under this
section, including to the Corps of Engineers’ siting
and design of the interim storage facility, application
for a facility license, issuance of a Safety Analysis
Report and Environmental Report, and construction
of the facility, shall not be subject to judicial review
under any law.
(2) Judicial review of the Commission’s Envi-
ronmental Impact Statement shall be consolidated
with judicial review of the Commission’s licensing
decision.
(3) No court shall have jurisdiction to enjoin
the construction or operation of the interim storage
244
facility prior to its final decision on review of the
Commission’s licensing action.
(i) WASTE CONFIDENCE.—The Corps of Engineers’
obligation to construct and operate the interim storage fa-
cility in accordance with this section and the Corps of En-
gineers’ obligation to develop an integrated high-level ra-
dioactive waste and spent nuclear fuel management sys-
tem in accordance with the provisions of this title, shall
provide sufficient and independent grounds for any further
findings by the Commission of reasonable assurance that
high-level radioactive waste and spent nuclear fuel and
high-level radioactive waste will be disposed of safely for
purposes of the Commission’s decision to grant or amend
any license to operate any civilian nuclear power reactor
under the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.).
(j) STORAGE OF MATERIAL OTHER THAN COMMER-
CIAL HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NU-
CLEAR FUEL.—
(1) Nothing contained in this section shall pro-
hibit—
(A) the Commission from establishing cri-
teria for the issuance of an amendment to the
interim storage facility license authorizing stor-
age of high-level radioactive waste or spent nu-
245
clear fuel from atomic energy defense activities
in the interim storage facility; and
(B) the Corps of Engineers from seeking a
license amendment to allow for the storage of
high-level radioactive waste or spent nuclear
fuel from atomic energy defense activities at the
interim storage facility.
(2) The acceptance at the interim storage facil-
ity of high-level radioactive waste or spent nuclear
fuel resulting from atomic energy defense activities
shall not affect the acceptance of high-level radio-
active waste and spent nuclear fuel in accordance
with the acceptance schedule.
CHAPTER 8—MISCELLANEOUS
PROVISIONS
SEC. 4081. REFERENCES.
Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any
document of or pertaining to an office from which a func-
tion is transferred by this subtitle—
(1) to the Secretary of Energy or an officer of
the Department of Energy, is deemed to refer to the
head of the department or office to which such func-
tion is transferred; or
246
(2) to the Department of Energy is deemed to
refer to the department or office to which such func-
tion is transferred.
SEC. 4082. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal offi-
cial to whom a function is transferred by this subtitle may,
for purposes of performing the function, exercise all au-
thorities under any other provision of law that were avail-
able with respect to the performance of that function to
the official responsible for the performance of the function
immediately before the effective date of the transfer of the
function under this subtitle.
SEC. 4083. SAVINGS PROVISIONS.
(a) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts, agree-
ments, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the Sec-
retary of Energy, any officer or employee of any of-
fice transferred by this subtitle, or any other Gov-
ernment official, or by a court of competent jurisdic-
tion, in the performance of any function that is
transferred by this subtitle, and
(2) that are in effect on the effective date of
such transfer (or become effective after such date
247
pursuant to their terms as in effect on such effective
date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other author-
ized official, a court of competent jurisdiction, or operation
of law.
(b) PROCEEDINGS.—This subtitle shall not affect any
proceedings or any application for any benefits, service,
license, permit, certificate, or financial assistance pending
on the date of the enactment of this Act before an office
transferred by this subtitle, but such proceedings and ap-
plications shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this
subtitle had not been enacted, and orders issued in any
such proceeding shall continue in effect until modified, ter-
minated, superseded, or revoked by a duly authorized offi-
cial, by a court of competent jurisdiction, or by operation
of law. Nothing in this subsection shall be considered to
prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to
the same extent that such proceeding could have been dis-
continued or modified if this subtitle had not been enacted.
248
(c) SUITS.—This subtitle shall not affect suits com-
menced before the date of the enactment of this Act, and
in all such suits, proceeding shall be had, appeals taken,
and judgments rendered in the same manner and with the
same effect as if this subtitle had not been enacted.
(d) NONABATEMENT OF ACTIONS.—No suit, action,
or other proceeding commenced by or against the Depart-
ment of Energy or the Secretary of Energy, or by or
against any individual in the official capacity of such indi-
vidual as an officer or employee of an office transferred
by this subtitle, shall abate by reason of the enactment
of this subtitle.
(e) CONTINUANCE OF SUITS.—If any officer of the
Department of Energy or the Energy Programs Resolu-
tion Agency in the official capacity of such officer is party
to a suit with respect to a function of the officer, and
under this subtitle such function is transferred to any
other officer or office, then such suit shall be continued
with the other officer or the head of such other office, as
applicable, substituted or added as a party.
SEC. 4084. TRANSFER OF ASSETS.
Except as otherwise provided in this subtitle, so much
of the personnel, property, records, and unexpended bal-
ances of appropriations, allocations, and other funds em-
ployed, used, held, available, or to be made available in
249
connection with a function transferred to an official by
this subtitle shall be available to the official at such time
or times as the Director of the Office of Management and
Budget directs for use in connection with the functions
transferred.
SEC. 4085. DELEGATION AND ASSIGNMENT.
Except as otherwise expressly prohibited by law or
otherwise provided in this subtitle, an official to whom
functions are transferred under this subtitle (including the
head of any office to which functions are transferred under
this subtitle) may delegate any of the functions so trans-
ferred to such officers and employees of the office of the
official as the official may designate, and may authorize
successive redelegations of such functions as may be nec-
essary or appropriate. No delegation of functions under
this section or under any other provision of this subtitle
shall relieve the official to whom a function is transferred
under this subtitle of responsibility for the administration
of the function.
SEC. 4086. AUTHORITY OF OFFICE OF MANAGEMENT AND
BUDGET 
WITH 
RESPECT 
TO 
FUNCTIONS
TRANSFERRED.
(a) DETERMINATIONS.—If necessary, the Office of
Management and Budget shall make any determination of
the functions that are transferred under this subtitle.
250
(b) INCIDENTAL TRANSFERS.—The Director of the
Office of Management and Budget, at such time or times
as the Director shall provide, may make such determina-
tions as may be necessary with regard to the functions
transferred by this subtitle, and to make such additional
incidental dispositions of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended bal-
ances of appropriations, authorizations, allocations, and
other funds held, used, arising from, available to, or to
be made available in connection with such functions, as
may be necessary to carry out the provisions of this sub-
title. The Director of the Office of Management and Budg-
et shall provide for the termination of the affairs of all
entities terminated by this subtitle and for such further
measures and dispositions as may be necessary to effec-
tuate the purposes of this subtitle.
SEC. 4087. PROPOSED CHANGES IN LAW.
Not later than one year after the date of the enact-
ment of this Act, the Director of the Office of Manage-
ment and Budget shall submit to the Congress a descrip-
tion of any changes in Federal law necessary to reflect
abolishments, transfers, terminations, and disposals under
this subtitle.
251
SEC. 4088. CERTAIN VESTING OF FUNCTIONS CONSIDERED
TRANSFER.
For purposes of this chapter, the vesting of a func-
tion in a department or office pursuant to reestablishment
of an office shall be considered to be the transfer of the
function.
SEC. 4089. DEFINITIONS.
Except as otherwise provided in this subtitle, for pur-
poses of this subtitle the following definitions apply:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Energy Pro-
grams Resolution Agency.
(2) AGENCY.—The term ‘‘Agency’’ means the
Energy Programs Resolution Agency.
(3) FUNCTION.—The term ‘‘function’’ includes
any duty, obligation, power, authority, responsibility,
right, privilege, activity, or program.
(4) OFFICE.—The term ‘‘office’’ includes any
office, administration, agency, institute, council,
unit, organizational entity, or component thereof.
(5) TERMINATION
DATE.—The term ‘‘termi-
nation date’’ means the termination date under sec-
tion 4016(d).
(6) WIND-UP PERIOD.—The term ‘‘wind-up pe-
riod’’ means the period beginning on the effective
252
date specified in section 4019(a) and ending on the
termination date.
Subtitle B—Reform Federal
Petroleum Reserve Programs
SEC. 4101. SALE OF NAVAL PETROLEUM RESERVES.
(a) FINDING.—Congress finds the following:
(1) The continued control and use of the naval
petroleum reserves (as defined in section 7420(2) of
title 10, United States Code) by the United States
is no longer necessary to promote the national secu-
rity interests of the United States.
(2) The sale of the naval petroleum reserves by
the United States would eliminate the costs cur-
rently incurred by the Secretary of Energy to oper-
ate the naval petroleum reserves and would be a
source of revenue to reduce the Federal budget defi-
cit.
(b) SALE REQUIRED.—The Secretary of Energy shall
sell all right, title, and interest of the United States in
and to naval petroleum reserves. The Secretary shall com-
plete the sale of the naval petroleum reserves not later
than the end of the ll-year period beginning on the date
of the enactment of this Act. The Secretary may extend
such time period if the Secretary notifies Congress before
the end of such period that, as a result of the condition
253
specified in subsection (c)(1), the Secretary will be unable
to complete the sale of the naval petroleum reserves within
such time period.
(c) CONDITIONS
ON SALE.—(1) Notwithstanding
subsection (b), the naval petroleum reserves may not be
sold for less than the fair market value, as determined
by the Secretary of Energy.
(2) The Secretary of Energy shall conduct sales
under subsection (b) using competitive procedures. All
sales shall be made to the highest responsible qualified
bidder or bidders, as determined by the Secretary. The
Secretary may establish such bidding terms and conditions
as the Secretary considers to be necessary and appro-
priate, including the establishment of sale units and mini-
mum bids.
(d) PURCHASER TO BE HELD HARMLESS.—No pur-
chaser under this section of any right, title, or interest
of the United States in the naval petroleum reserves shall
be liable for any claim of liability arising exclusively from
or during the ownership of the interest by the United
States. Such a claim of liability may be asserted only
against the United States to the extent and in the manner
provided by law.
(e) CONGRESSIONAL CONSULTATION.—(1) The Sec-
retary of Energy shall periodically notify Congress of the
254
progress of the Secretary in selling the naval petroleum
reserves under this section.
(2) The Congressional consultation and Presidential
approval requirements of section 7431(a) of title 10,
United States Code, regarding each individual sale of a
portion of the naval petroleum reserves shall not apply to
sales under this section.
(f) PROCEEDS OF SALE.—(1) The Secretary of En-
ergy may use the proceeds resulting from sales of the
naval petroleum reserves under this section to satisfy any
contractual obligations of the United States directly relat-
ed to the sales, and to pay any liability of the Department
of Energy arising under any relevant Federal law concern-
ing the environment with respect to the interests sold.
(2) Funds remaining following operation of para-
graph (1) from the sales of the naval petroleum reserves
shall be deposited into the general fund of the Treasury
for the purpose of reducing the Federal budget deficit.
SEC. 4102. STRATEGIC PETROLEUM RESERVE ACQUISI-
TIONS.
Notwithstanding part B of title I of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6231 et seq.), after
the date of enactment of this Act the Secretary of Energy
shall not obligate any funds for the acquisition of petro-
leum products for the Strategic Petroleum Reserve.
255
Subtitle C—Reform Fossil Fuel and
Mineral Research Development
Programs
SEC. 4201. PRIVATIZATION OF UNITED STATES ENRICH-
MENT CORPORATION.
(a) REFERENCE.—Except as otherwise expressly pro-
vided, whenever in this section an amendment or repeal
is expressed in terms of an amendment to, or repeal of,
a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
(b) PRODUCTION FACILITY.—Paragraph v. of section
11 (42 U.S.C. 2014 v.) is amended by striking ‘‘or the
construction and operation of a uranium enrichment pro-
duction facility using Atomic Vapor Laser Isotope Separa-
tion technology’’.
(c) DEFINITIONS.—Section 1201 (42 U.S.C. 2297)
is amended—
(1) in paragraph (4), by inserting before the pe-
riod the following: ‘‘and any successor corporation
established through privatization of the Corpora-
tion’’;
(2) by redesignating paragraphs (10) through
(13) as paragraphs (14) through (17), respectively,
256
and by inserting after paragraph (9) the following
new paragraphs:
‘‘(10) The term ‘low-level radioactive waste’ has
the meaning given such term in section 102(9) of
the Low-Level Radioactive Waste Policy Amend-
ments Act of 1985 (42 U.S.C. 2021b(9)).
‘‘(11) The term ‘mixed waste’ has the meaning
given such term in section 1004(41) of the Solid
Waste Disposal Act (42 U.S.C. 6903(41)).
‘‘(12) The term ‘privatization’ means the trans-
fer of ownership of the Corporation to private inves-
tors pursuant to chapter 25.
‘‘(13) The term ‘privatization date’ means the
date on which 100 percent of ownership of the Cor-
poration has been transferred to private investors.’’;
(3) by inserting after paragraph (17) (as redes-
ignated) the following new paragraph:
‘‘(18) The term ‘transition date’ means July 1,
1993.’’; and
(4) by redesignating the unredesignated para-
graph (14) as paragraph (19).
(d) EMPLOYEES OF THE CORPORATION.—
(1) PARAGRAPH (2).—Paragraphs (1) and (2)
of section 1305(e) (42 U.S.C. 2297b–4(e)(1)(2)) are
amended to read as follows:
257
‘‘(A) IN GENERAL.—It is the purpose of
this subsection to ensure that the privatization
of the Corporation shall not result in any ad-
verse effects on the pension benefits of employ-
ees at facilities that are operated, directly or
under contract, in the performance of the func-
tions vested in the Corporation.
‘‘(B) APPLICABILITY
OF
EXISTING
COL-
LECTIVE BARGAINING AGREEMENT.—The Cor-
poration shall abide by the terms of the collec-
tive bargaining agreement in effect on the pri-
vatization date at each individual facility.’’.
(2) PARAGRAPH (4).—Paragraph (4) of section
1305(e) (42 U.S.C. 2297b–4(e)(4)) is amended—
(A) by striking ‘‘AND DETAILEES’’ in the
heading;
(B) by striking the first sentence;
(C) in the second sentence, by inserting
‘‘from other Federal employment’’ after ‘‘trans-
fer to the Corporation’’; and
(D) by striking the last sentence.
(e) MARKETING AND CONTRACTING AUTHORITY.—
(1) MARKETING AUTHORITY.—Section 1401(a)
(42 U.S.C. 2297c(a)) is amended effective on the
258
privatization date (as defined in section 1201(13) of
the Atomic Energy Act of 1954)—
(A) by amending the subsection heading to
read ‘‘MARKETING AUTHORITY.—’’; and
(B) by striking the first sentence.
(2) 
TRANSFER
OF
CONTRACTS.—Section
1401(b) (42 U.S.C. 2297c(b)) is amended—
(A) in paragraph (2)(B), by adding at the
end the following: ‘‘The privatization of the
Corporation shall not affect the terms of, or the
rights or obligations of the parties to, any such
power purchase contract.’’; and
(B) by adding at the end the following:
‘‘(3) EFFECT OF TRANSFER.—
‘‘(A) As a result of the transfer pursuant
to paragraph (1), all rights, privileges, and ben-
efits under such contracts, agreements, and
leases, including the right to amend, modify, ex-
tend, revise, or terminate any of such contracts,
agreements, or leases were irrevocably assigned
to the Corporation for its exclusive benefit.
‘‘(B) Notwithstanding the transfer pursu-
ant to paragraph (1), the United States shall
remain obligated to the parties to the contracts,
agreements, and leases transferred pursuant to
259
paragraph (1) for the performance of the obli-
gations of the United States thereunder during
the term thereof. The Corporation shall reim-
burse the United States for any amount paid by
the United States in respect of such obligations
arising after the privatization date to the extent
such amount is a legal and valid obligation of
the Corporation then due.
‘‘(C) After the privatization date, upon any
material amendment, modification, extension,
revision, replacement, or termination of any
contract, agreement, or lease transferred under
paragraph (1), the United States shall be re-
leased from further obligation under such con-
tract, agreement, or lease, except that such ac-
tion shall not release the United States from
obligations arising under such contract, agree-
ment, or lease prior to such time.’’.
(3) PRICING.—Section 1402 (42 U.S.C. 2297c–
1) is amended to read as follows:
‘‘SEC. 1402. PRICING.
‘‘The Corporation shall establish prices for its prod-
ucts, materials, and services provided to customers on a
basis that will allow it to attain the normal business objec-
tives of a profitmaking corporation.’’.
260
(4) LEASING OF GASEOUS DIFFUSION FACILI-
TIES OF DEPARTMENT.—Effective on the privatiza-
tion date (as defined in section 1201(13) of the
Atomic Energy Act of 1954), section 1403 (42
U.S.C. 2297c–2) is amended by adding at the end
the following:
‘‘(h) LOW-LEVEL RADIOACTIVE WASTE AND MIXED
WASTE.—
‘‘(1) RESPONSIBILITY
OF
THE
DEPARTMENT;
COSTS.—
‘‘(A) With respect to low-level radioactive
waste and mixed waste generated by the Cor-
poration as a result of the operation of the fa-
cilities and related property leased by the Cor-
poration pursuant to subsection (a) or as a re-
sult of treatment of such wastes at a location
other than the facilities and related property
leased by the Corporation pursuant to sub-
section (a) the Department, at the request of
the Corporation, shall—
‘‘(i) accept for treatment or disposal
of all such wastes for which treatment or
disposal technologies and capacities exist,
whether within the Department or else-
where; and
261
‘‘(ii) accept for storage (or ultimately
treatment or disposal) all such wastes for
which treatment and disposal technologies
or capacities do not exist, pending develop-
ment of such technologies or availability of
such capacities for such wastes.
‘‘(B) All low-level wastes and mixed wastes
that the Department accepts for treatment,
storage, or disposal pursuant to subparagraph
(A) shall, for the purpose of any permits, li-
censes, authorizations, agreements, or orders
involving the Department and other Federal
agencies or State or local governments, be
deemed to be generated by the Department and
the Department shall handle such wastes in ac-
cordance with any such permits, licenses, au-
thorizations, agreements, or orders. The De-
partment shall obtain any additional permits, li-
censes, or authorizations necessary to handle
such wastes, shall amend any such agreements
or orders as necessary to handle such wastes,
and shall handle such wastes in accordance
therewith.
‘‘(C) The Corporation shall reimburse the
Department for the treatment, storage, or dis-
262
posal of low-level radioactive waste or mixed
waste pursuant to subparagraph (A) in an
amount equal to the Department’s costs but in
no event greater than an amount equal to that
which would be charged by commercial, State,
regional, or interstate compact entities for
treatment, storage, or disposal of such waste.
‘‘(2) AGREEMENTS
WITH
OTHER
PERSONS.—
The Corporation may also enter into agreements for
the treatment, storage, or disposal of low-level radio-
active waste and mixed waste generated by the Cor-
poration as a result of the operation of the facilities
and related property leased by the Corporation pur-
suant to subsection (a) with any person other than
the Department that is authorized by applicable laws
and regulations to treat, store, or dispose of such
wastes.’’.
(5) LIABILITIES.—
(A) Subsection (a) of section 1406 (42
U.S.C. 2297c–5(a)) is amended—
(i) by inserting ‘‘AND
PRIVATIZA-
TION’’ after ‘‘TRANSITION’’ in the heading;
and
(ii) by adding at the end the follow-
ing: ‘‘As of the privatization date, all liabil-
263
ities attributable to the operation of the
Corporation from the transition date to the
privatization date shall be direct liabilities
of the United States.’’.
(B) Subsection (b) of section 1406 (42
U.S.C. 2297c–5(b)) is amended—
(i) by inserting ‘‘AND
PRIVATIZA-
TION’’ after ‘‘TRANSITION’’ in the heading;
and
(ii) by adding at the end the follow-
ing: ‘‘As of the privatization date, any
judgment entered against the Corporation
imposing liability arising out of the oper-
ation of the Corporation from the transi-
tion date to the privatization date shall be
considered a judgment against the United
States.’’.
(C) Subsection (d) of section 1406 (42
U.S.C. 2297c–5(d)) is amended—
(i) by inserting ‘‘AND
PRIVATIZA-
TION’’ after ‘‘TRANSITION’’ in the heading;
and
(ii) by striking ‘‘the transition date’’
and inserting ‘‘the privatization date (or,
264
in the event the privatization date does not
occur, the transition date)’’.
(6) TRANSFER
OF
URANIUM.—Title II (42
U.S.C. 2297 et seq.) is amended by redesignating
section 1408 as section 1409 and by inserting after
section 1407 the following:
‘‘SEC. 1408. TRANSFER OF URANIUM.
‘‘The Secretary may, before the privatization date,
transfer to the Corporation without charge raw uranium,
low-enriched uranium, and highly enriched uranium.’’.
(f) PRIVATIZATION OF THE CORPORATION.—
(1) ESTABLISHMENT
OF
PRIVATE
CORPORA-
TION.—Chapter 25 (42 U.S.C. 2297d et seq.) is
amended by adding at the end the following new sec-
tion:
‘‘SEC. 1503. ESTABLISHMENT OF PRIVATE CORPORATION.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—In order to facilitate pri-
vatization, the Corporation may provide for the es-
tablishment of a private corporation organized under
the laws of any of the several States. Such corpora-
tion shall have among its purposes the following:
‘‘(A) To help maintain a reliable and eco-
nomical domestic source of uranium enrichment
services.
265
‘‘(B) To undertake any and all activities as
provided in its corporate charter.
‘‘(2) AUTHORITIES.—The corporation estab-
lished pursuant to paragraph (1) shall be authorized
to—
‘‘(A) enrich uranium, provide for uranium
to be enriched by others, or acquire enriched
uranium (including low-enriched uranium de-
rived from highly enriched uranium);
‘‘(B) conduct, or provide for conducting,
those research and development activities relat-
ed to uranium enrichment and related processes
and activities the corporation considers nec-
essary or advisable to maintain itself as a com-
mercial enterprise operating on a profitable and
efficient basis;
‘‘(C) enter into transactions regarding ura-
nium, enriched uranium, or depleted uranium
with—
‘‘(i) persons licensed under section 53,
63, 103, or 104 in accordance with the li-
censes held by those persons;
‘‘(ii) persons in accordance with, and
within the period of, an agreement for co-
operation arranged under section 123; or
266
‘‘(iii) persons otherwise authorized by
law to enter into such transactions;
‘‘(D) enter into contracts with persons li-
censed under section 53, 63, 103, or 104, for
as long as the corporation considers necessary
or desirable, to provide uranium or uranium en-
richment and related services;
‘‘(E) enter into contracts to provide ura-
nium or uranium enrichment and related serv-
ices in accordance with, and within the period
of, an agreement for cooperation arranged
under section 123 or as otherwise authorized by
law; and
‘‘(F) take any and all such other actions as
are permitted by the law of the jurisdiction of
incorporation of the corporation.
‘‘(3) TRANSFER OF ASSETS.—For purposes of
implementing the privatization, the Corporation may
transfer some or all of its assets and obligations to
the corporation established pursuant to this section,
including—
‘‘(A) all of the Corporation’s assets, includ-
ing all contracts, agreements, and leases, in-
cluding all uranium enrichment contracts and
power purchase contracts;
267
‘‘(B) all funds in accounts of the Corpora-
tion held by the Treasury or on deposit with
any bank or other financial institution;
‘‘(C) all of the Corporation’s rights, duties,
and obligations, accruing subsequent to the pri-
vatization date, under the power purchase con-
tracts covered by section 1401(b)(2)(B); and
‘‘(D) all of the Corporation’s rights, duties,
and obligations, accruing subsequent to the pri-
vatization date, under the lease agreement be-
tween the Department and the Corporation exe-
cuted by the Department and the Corporation
pursuant to section 1403.
‘‘(4) MERGER OR CONSOLIDATION.—For pur-
poses of implementing the privatization, the Cor-
poration may merge or consolidate with the corpora-
tion established pursuant to subsection (a)(1) if such
action is contemplated by the plan for privatization
approved by the President under section 1502(b).
The Board shall have exclusive authority to approve
such merger or consolidation and to take all further
actions necessary to consummate such merger or
consolidation, and no action by or in respect of
shareholders shall be required. The merger or con-
solidation shall be effected in accordance with, and
268
have the effects of a merger or consolidation under,
the laws of the jurisdiction of incorporation of the
surviving corporation, and all rights and benefits
provided under this title to the Corporation shall
apply to the surviving corporation as if it were the
Corporation.
‘‘(5) TAX TREATMENT OF PRIVATIZATION.—
‘‘(A) TRANSFER OF ASSETS OR MERGER.—
No income, gain, or loss shall be recognized by
any person by reason of the transfer of the Cor-
poration’s assets to, or the Corporation’s merg-
er with, the corporation established pursuant to
subsection (a)(1) in connection with the privat-
ization.
‘‘(B) CANCELLATION OF DEBT AND COM-
MON STOCK.—No income, gain, or loss shall be
recognized by any person by reason of any can-
cellation of any obligation or common stock of
the Corporation in connection with the privat-
ization.
‘‘(b) OSHA REQUIREMENTS.—For purposes of the
regulation of radiological and nonradiological hazards
under the Occupational Safety and Health Act of 1970,
the corporation established pursuant to subsection (a)(1)
shall be treated in the same manner as other employers
269
licensed by the Nuclear Regulatory Commission. Any
interagency agreement entered into between the Nuclear
Regulatory Commission and the Occupational Safety and
Health Administration governing the scope of their respec-
tive regulatory authorities shall apply to the corporation
as if the corporation were a Nuclear Regulatory Commis-
sion licensee.
‘‘(c) LEGAL STATUS OF PRIVATE CORPORATION.—
‘‘(1) NOT FEDERAL AGENCY.—The corporation
established pursuant to subsection (a)(1) shall not
be an agency, instrumentality, or establishment of
the United States Government and shall not be a
Government corporation or Government-controlled
corporation.
‘‘(2) 
NO
RECOURSE
AGAINST
UNITED
STATES.—Obligations of the corporation established
pursuant to subsection (a)(1) shall not be obliga-
tions of, or guaranteed as to principal or interest by,
the Corporation or the United States, and the obli-
gations shall so plainly state.
‘‘(3) NO CLAIMS COURT JURISDICTION.—No ac-
tion under section 1491 of title 28, United States
Code, shall be allowable against the United States
based on the actions of the corporation established
pursuant to subsection (a)(1).
270
‘‘(d) BOARD OF DIRECTOR’S ELECTION AFTER PUB-
LIC OFFERING.—In the event that the privatization is im-
plemented by means of a public offering, an election of
the members of the board of directors of the Corporation
by the shareholders shall be conducted before the end of
the 1-year period beginning the date shares are first of-
fered to the public pursuant to such public offering.
‘‘(e) ADEQUATE PROCEEDS.—The Secretary of En-
ergy shall not allow the privatization of the Corporation
unless before the sale date the Secretary determines that
the estimated sum of the gross proceeds from the sale of
the Corporation will be an adequate amount.’’.
(2) OWNERSHIP LIMITATIONS.—Chapter 25 (as
amended by paragraph (1)) is amended by adding at
the end the following new section:
‘‘SEC. 1504. OWNERSHIP LIMITATIONS.
‘‘(a) SECURITIES LIMITATION.—In the event that the
privatization is implemented by means of a public offering,
during a period of 3 years beginning on the privatization
date, no person, directly or indirectly, may acquire or hold
securities representing more than 10 percent of the total
votes of all outstanding voting securities of the Corpora-
tion.
‘‘(b) APPLICATION.—Subsection (a) shall not apply—
271
‘‘(1) to any employee stock ownership plan of
the Corporation,
‘‘(2) to underwriting syndicates holding shares
for resale, or
‘‘(3) in the case of shares beneficially held for
others, to commercial banks, broker-dealers, clearing
corporations, or other nominees.
‘‘(c) No director, officer, or employee of the Corpora-
tion may acquire any securities, or any right to acquire
securities, of the Corporation—
‘‘(1) in the public offering of securities of the
Corporation in the implementation of the privatiza-
tion,
‘‘(2) pursuant to any agreement, arrangement,
or understanding entered into before the privatiza-
tion date, or
‘‘(3) before the election of directors of the Cor-
poration under section 1503(d) on any terms more
favorable than those offered to the general public.’’.
(3) EXEMPTION FROM LIABILITY.—Chapter 25
(as amended by paragraph (2)) is amended by add-
ing at the end the following new section:
‘‘SEC. 1505. EXEMPTION FROM LIABILITY.
‘‘(a) IN GENERAL.—No director, officer, employee, or
agent of the Corporation shall be liable, for money dam-
272
ages or otherwise, to any party if, with respect to the sub-
ject matter of the action, suit, or proceeding, such person
was fulfilling a duty, in connection with any action taken
in connection with the privatization, which such person in
good faith reasonably believed to be required by law or
vested in such person.
‘‘(b) EXCEPTION.—The privatization shall be subject
to the Securities Act of 1933 and the Securities Exchange
Act of 1934. The exemption set forth in subsection (a)
shall not apply to claims arising under such Acts or under
the Constitution or laws of any State, territory, or posses-
sion of the United States relating to transactions in secu-
rities, which claims are in connection with a public offer-
ing implementing the privatization.’’.
(4) RESOLUTION OF CERTAIN ISSUES.—Chap-
ter 25 (as amended by paragraph (3)) is amended
by adding at the end the following new section:
‘‘SEC. 1506. RESOLUTION OF CERTAIN ISSUES.
‘‘(a) CORPORATION ACTIONS.—Notwithstanding any
provision of any agreement to which the Corporation is
a party, the Corporation shall not be considered to be in
breach, default, or violation of any such agreement be-
cause of any provision of this chapter or any action the
Corporation is required to take under this chapter.
273
‘‘(b) RIGHT TO SUE WITHDRAWN.—The United
States hereby withdraws any stated or implied consent for
the United States, or any agent or officer of the United
States, to be sued by any person for any legal, equitable,
or other relief with respect to any claim arising out of,
or resulting from, acts or omissions under this chapter.’’.
(5) APPLICATION
OF
PRIVATIZATION
PRO-
CEEDS.—Chapter 25 (as amended by paragraph (4))
is amended by adding at the end the following new
section:
‘‘SEC. 1507. APPLICATION OF PRIVATIZATION PROCEEDS.
‘‘The proceeds from the privatization shall be in-
cluded in the budget baseline required by the Balanced
Budget and Emergency Deficit Control Act of 1985 and
shall be counted as an offset to direct spending for pur-
poses of section 252 of such Act, notwithstanding section
257(e) of such Act.’’.
(6) CONFORMING AMENDMENT.—The table of
contents for chapter 25 is amended by inserting
after the item for section 1502 the following:
‘‘Sec. 1503. Establishment of private corporation.
‘‘Sec. 1504. Ownership limitations.
‘‘Sec. 1505. Exemption from liability.
‘‘Sec. 1506. Resolution of certain issues.
‘‘Sec. 1507. Application of privatization proceeds.’’.
(7) Section 193 (42 U.S.C. 2243) is amended
by adding at the end the following:
274
‘‘(f) LIMITATION.—If the privatization of the United
States Enrichment Corporation results in the Corporation
being—
‘‘(1) owned, controlled, or dominated by a for-
eign corporation or a foreign government, or
‘‘(2) otherwise inimical to the common defense
or security of the United States,
any license held by the Corporation under sections 53 and
63 shall be terminated.’’.
(8) PERIOD
FOR
CONGRESSIONAL
REVIEW.—
Section 1502(d) (42 U.S.C. 2297d–1(d)) is amended
by striking ‘‘less than 60 days after notification of
the Congress’’ and inserting ‘‘less than 60 days after
the date of the report to Congress by the Comptrol-
ler General under subsection (c)’’.
(g) PERIODIC CERTIFICATION
OF COMPLIANCE.—
Section 1701(c)(2) (42 U.S.C. 2297f(c)(2)) is amended by
striking ‘‘ANNUAL
APPLICATION
FOR
CERTIFICATE
OF
COMPLIANCE.—The Corporation shall apply at least annu-
ally to the Nuclear Regulatory Commission for a certifi-
cate of compliance under paragraph (1).’’ and inserting
‘‘PERIODIC APPLICATION FOR CERTIFICATE OF COMPLI-
ANCE.—The Corporation shall apply to the Nuclear Regu-
latory Commission for a certificate of compliance under
275
paragraph (1) periodically, as determined by the Nuclear
Regulatory Commission, but not less than every 5 years.’’.
(h) LICENSING
OF OTHER TECHNOLOGIES.—Sub-
section (a) of section 1702 (42 U.S.C. 2297f–1(a)) is
amended by striking ‘‘other than’’ and inserting ‘‘includ-
ing’’.
(i) CONFORMING AMENDMENTS.—
(1) REPEALS IN ATOMIC ENERGY ACT OF 1954
AS OF THE PRIVATIZATION DATE.—
(A) REPEALS.—As of the privatization
date (as defined in section 1201(13) of the
Atomic Energy Act of 1954), the following sec-
tions (as in effect on such privatization date) of
the Atomic Energy Act of 1954 are repealed:
(i) Section 1202.
(ii) Sections 1301 through 1304.
(iii) Sections 1306 through 1316.
(iv) Sections 1404 and 1405.
(v) Section 1601.
(vi) Sections 1603 through 1607.
(B) 
CONFORMING
AMENDMENT.—The
table of contents of such Act is amended by re-
pealing the items referring to sections repealed
by paragraph (1).
276
(2) STATUTORY MODIFICATIONS.—As of such
privatization date, the following shall take effect:
(A) For purposes of title I of the Atomic
Energy Act of 1954, all references in such Act
to the ‘‘United States Enrichment Corporation’’
shall be deemed to be references to the corpora-
tion established pursuant to section 1503 of the
Atomic Energy Act of 1954 (as added by sub-
section (f)(1)).
(B) Section 1018(1) of the Energy Policy
Act of 1992 (42 U.S.C. 2296b–7(1)) is amend-
ed by striking ‘‘the United States’’ and all that
follows through the period and inserting ‘‘the
corporation referred to in section 1201(4) of
the Atomic Energy Act of 1954.’’.
(C) Section 9101(3) of title 31, United
States Code, is amended by striking subpara-
graph (N), as added by section 902(b) of Public
Law 102–486.
(3) REVISION OF SECTION 1305.—As of such
privatization date, section 1305 of the Atomic En-
ergy Act of 1954 (42 U.S.C 2297b–4) is amended—
(A) by repealing subsections (a), (b), (c),
and (d), and
(B) in subsection (e)—
277
(i) by striking the subsection designa-
tion and heading,
(ii) by redesignating paragraphs (1)
and (2) (as added by subsection (d)(1)) as
subsections (a) and (b) and by moving the
margins 2-ems to the left,
(iii) by striking paragraph (3), and
(iv) by redesignating paragraph (4)
(as amended by subsection (d)(2)) as sub-
section (c), and by moving the margins 2-
ems to the left.
SEC. 4202. RESEARCH AND DEVELOPMENT.
(a) FOSSIL FUEL RESEARCH AND DEVELOPMENT.—
There are authorized to be appropriated to the Secretary
of Energy for fossil fuel research and development—
(1) $420,483,300 for fiscal year 1996;
(2) $398,352,600 for fiscal year 1997;
(3) $376,221,900 for fiscal year 1998;
(4) $354,091,200 for fiscal year 1999; and
(5) $331,960,500 for fiscal year 2000.
(b) ENERGY CONSERVATION RESEARCH AND DEVEL-
OPMENT.—There are authorized to be appropriated to the
Secretary of Energy for energy conservation research and
development—
(1) $713,874,600 for fiscal year 1996;
278
(2) $634,555,200 for fiscal year 1997;
(3) $555,235,800 for fiscal year 1998;
(4) $475,916.400 for fiscal year 1999; and
(5) $396,597,000 for fiscal year 2000.
(c) MAGNETIC FUSION RESEARCH AND DEVELOP-
MENT.—There are authorized to be appropriated to the
Secretary of Energy for magnetic fusion research and de-
velopment—
(1) $335,306,700 for fiscal year 1996;
(2) $298,050,400 for fiscal year 1997;
(3) $260,794,100 for fiscal year 1998;
(4) $000,000,000 for fiscal year 1999; and
(5) $186,281,500 for fiscal year 2000.
(d) SOLAR AND RENEWABLE ENERGY RESEARCH
AND DEVELOPMENT.—There are authorized to be appro-
priated to the Secretary of Energy for solar and renewable
energy research and development—
(1) $349,297,200 for fiscal year 1996;
(2) $310,486,400 for fiscal year 1997;
(3) $271,675,600 for fiscal year 1998;
(4) $232,864,800 for fiscal year 1999; and
(5) $194,054,000 for fiscal year 2000.
(e) NUCLEAR ENERGY RESEARCH AND DEVELOP-
MENT.—There are authorized to be appropriated to the
279
Secretary of Energy for nuclear energy research and de-
velopment—
(1) $293,228,000 for fiscal year 1996;
(2) $293,228,000 for fiscal year 1997;
(3) $293,228,000 for fiscal year 1998;
(4) $293,228,000 for fiscal year 1999; and
(5) $293,228,000 for fiscal year 2000.
SEC. 4203. TERMINATION OF CLEAN COAL TECHNOLOGY
PROGRAM.
(a) IN GENERAL.—The United States shall not obli-
gate any funds for the Clean Coal Technology program.
(b) REPEAL.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the matter under the heading ‘‘DEPART-
MENT OF ENERGY, CLEAN COAL TECHNOLOGY’’
in the Act entitled ‘‘An Act making appropriations
for the Department of the Interior and Related
Agencies for the fiscal year ending September 30,
1986, and for other purposes’’ enacted by section
101(d) of the Joint Resolution entitled ‘‘Joint Reso-
lution making further continuing appropriations for
the fiscal year 1986, and for other purposes’’ (Public
Law 99–190; 99 Stat. 1251) is repealed.
(2) EXCEPTION.—The authority provided in the
matter repealed by paragraph (1) of this subsection
280
shall be preserved to the extent necessary to carry
out obligations of the United States with respect to
clean coal technology projects selected by the Sec-
retary of Energy pursuant to the fifth general re-
quest for proposals issued by the Secretary under
such section 101(d) (and pursuant to any such gen-
eral request issued before the fifth general request).
SEC. 4204. TERMINATION OF ATOMIC VAPOR ISOTOPE SEP-
ARATION PROGRAM.
No amount of funds provided for any fiscal year may
be obligated by the Secretary of Energy after the date of
the enactment of this Act for the atomic vapor laser iso-
tope separation program.
Subtitle D—Reform Energy
Conservation Programs
SEC. 4301. WEATHERIZATION.
(a) REPEAL.—Part A of title IV of the Energy Con-
servation and Production Act (42 U.S.C. 6861–6872), and
the items relating thereto in the table of contents of such
Act, are repealed.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
2605(b)(4) of the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8624(b)(4)) is amended by strik-
ing ‘‘under the low-income weatherization assistance pro-
281
gram under title IV of the Energy Conservation and Pro-
duction Act,’’.
(2) Section 504(c) of the Housing Act of 1949 (42
U.S.C. 1474(c)) is amended—
(A) in paragraph (3), by inserting ‘‘(as such
provision was in effect on January 1, 1995)’’ after
‘‘Buildings Act of 1976’’; and
(B) in paragraph (4), by inserting ‘‘(as such
provisions were in effect on January 1, 1995)’’ after
‘‘Buildings Act of 1976’’.
(3) Section 2(a)(2) of the National Housing Act (12
U.S.C. 1703(a)(2)) is amended by inserting ‘‘(as such pro-
vision was in effect on January 1, 1995)’’ after ‘‘Buildings
Act of 1976’’.
(4) Section 203(b) of the Older Americans Act of
1965 (42 U.S.C. 3013(b)) is amended by striking para-
graph (12) and redesignating the subsequent paragraphs
accordingly.
(5) Section 233 of the National Energy Conservation
Policy Act (42 U.S.C. 6873) is amended by striking
‘‘weatherization programs conducted under part A of the
Energy Conservation in Existing Buildings Act of 1976,’’.
(6) Section 3803(c)(2)(C) of title 31, United States
Code, is amended—
282
(A) by inserting ‘‘and’’ at the end of clause
(xiv);
(B) by striking ‘‘; and’’ at the end of clause
(xv) and inserting in lieu thereof a period; and
(C) by striking clause (xvi).
SEC. 4302. STATE ENERGY CONSERVATION PROGRAM.
(a) REPEAL.—Part D of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6321–6326), and the
items relating thereto in the table of contents of such Act,
are repealed.
(b) CONFORMING AMENDMENTS.—(1) Section 509(i)
of the Housing and Urban Development Act of 1970 (12
U.S.C. 1701z–8(i)) is amended—
(A) in paragraph (2), by striking ‘‘pursuant to
section 365(e)(1) of the Energy Policy and Con-
servation Act’’; and
(B) in paragraph (3), by inserting ‘‘(as such
provision was in effect on January 1, 1995)’’ after
‘‘Policy and Conservation Act’’.
(2) Section 912(f) of the Housing and Community
Development Act of 1992 (42 U.S.C. 5511a(f)) is amend-
ed by striking ‘‘State agencies responsible’’ and all that
follows through ‘‘any other’’ and inserting in lieu thereof
‘‘any’’.
283
SEC. 4303. INSTITUTIONAL CONSERVATION.
(a) REPEAL.—Parts G and H of the Energy Policy
and Conservation Act (42 U.S.C. 6371–6372i), and the
items relating thereto in the table of contents of such Act,
are repealed.
(b) CONFORMING AMENDMENT.—Title III of the Na-
tional Energy Conservation Policy Act, and the items re-
lating thereto in the table of contents of such Act, are
repealed.
TITLE V—ENVIRONMENT
Subtitle A—Public Land Use and
Purchase Reforms
SEC. 5001. MORATORIUM ON LAND ACQUISITION BY CER-
TAIN AGENCIES.
(a) IN GENERAL.—
(1) PURCHASE WITH APPROPRIATED FUNDS.—
During the 5-year period beginning on October 1,
1996—
(A) the Secretary of the Interior may not
obligate or expend any appropriated funds to
acquire lands or interests in lands which are to
be administered by the National Park Service
or by the United States Fish and Wildlife Serv-
ice;
(B) the Secretary of Agriculture may not
obligate or expend any appropriated funds to
284
acquire lands or interests in lands which are to
be administered by the Forest Service; and
(C) no other Federal agency may obligate
or expend appropriated funds to acquire lands
or interests in lands for the purpose of transfer-
ring the lands or interests to the administrative
jurisdiction of the National Park Service, the
United States Fish and Wildlife Service, or the
Forest Service.
(2) EXCHANGE.—During the 5-year period re-
ferred to in paragraph (1), the Secretary of the Inte-
rior may not exchange lands or interests in lands ad-
ministered by or to be administered by the National
Park Service or the United States Fish and Wildlife
Service, and the Secretary of Agriculture may not
exchange lands or interests in lands administered by
or to be administered by the Forest Service, if the
exchange would result in budget outlays (as defined
in section 3 of the Congressional Budget and Im-
poundment Control Act of 1974 (2 U.S.C. 622)) by
the National Park Service, United States Fish and
Wildlife Service, or Forest Service, as the case may
be.
(b) EXCEPTION.—Subsection (a) shall not apply with
respect to the acquisition (by exchange or otherwise) of
285
any lands or interests in lands if the President submits
written certification to the Congress that the lands or in-
terests, as the case may be, are vital to national security
interests of the United States.
(c) APPLICATION TO PREVIOUS AGREEMENTS.—Sub-
section (a) shall not apply with respect to any otherwise
binding agreement that is entered into before the date of
the enactment of this Act and that obligates the United
States to acquire lands or interests in lands by purchase
or exchange in whole or in part with appropriated funds.
SEC. 5002. PROHIBITION ON TIMBER SALES IN UNITS OF
THE NATIONAL FOREST SYSTEM IN WHICH
TIMBER SALE EXPENSES CONSISTENTLY EX-
CEED TIMBER SALE REVENUES.
(a) IN GENERAL.—The National Forest Management
Act of 1976 is amended by inserting after section 14 (16
U.S.C. 472a) the following new section:
‘‘SEC. 14A. PROHIBITION ON BELOW-COST TIMBER SALE
PROGRAMS.
‘‘(a) ANNUAL DETERMINATION OF REVENUES AND
COSTS OF TIMBER SALE PROGRAMS.—As soon as possible
after the end of each fiscal year, the Secretary of Agri-
culture shall determine for each unit of the National For-
est System the total revenues derived or to be derived by
the Federal Government, and the total costs incurred or
286
to be incurred by the Federal Government, as a direct re-
sult of the timber sale program conducted in that unit dur-
ing that fiscal year. For purposes of determining revenues
and costs under this subsection, the Secretary shall con-
tinue to use the definitions of revenues and costs, and the
accounting practices used to measure such revenues and
costs, in effect for the Forest Service as of December 31,
1994.
‘‘(b) TERMINATION OF CONSISTENTLY BELOW-COST
TIMBER SALE PROGRAMS.—If, for three consecutive fiscal
years in which timber sales are conducted in a unit of the
National Forest System, the Secretary determines pursu-
ant to subsection (a) that the total costs for the timber
sale program of that unit exceed the total revenues for
the program, the Secretary shall immediately terminate
the timber sale program for that unit and may not enter
into any contract for the sale of national forest materials
from that unit. Notwithstanding the termination of the
timber sale program for a unit of the National Forest Sys-
tem under this subsection, the Secretary may permit the
continued performance of a contract related to a specific
sale of national forest materials from that unit if the con-
tract was executed before the date of the termination.
287
‘‘(c) REINSTATEMENT
OF
TIMBER
SALE
PRO-
GRAM.—The Secretary may reinstate a timber sale pro-
gram terminated under subsection (b) if the Secretary—
‘‘(1) develops a timber sale program for the
unit of the National Forest System involved that, in
the judgment of the Secretary, will produce revenues
that exceed costs for such program; and
‘‘(2) notifies Congress of the reinstatement of
the timber sale program not later than 60 days be-
fore the date on which the program is to be rein-
stated.
‘‘(d) EFFECT OF SUBSEQUENT DETERMINATION OF
BELOW-COST SALES.—If, for any of the three fiscal years
immediately following the reinstatement under subsection
(c) of a timber sale program for a unit of the National
Forest System, the Secretary determines pursuant to sub-
section (a) that the total costs for the program exceed the
total revenues for the program, the Secretary shall imme-
diately terminate the timber sale program of that unit of
the National Forest System. A timber sale program of a
unit of the National Forest System terminated under this
subsection may not be reinstated, and the Secretary shall
prohibit all further sales of national forest materials from
that unit. If a timber sale program successfully completes
this three-fiscal year period without being terminated, the
288
Secretary shall apply the termination policy specified in
subsection (b) in evaluating the operation of the timber
sale program in subsequent fiscal years.’’.
(b) EFFECTIVE DATE.—Section 14A of the National
Forest Management Act of 1976, as added by subsection
(a), shall take effect on the date of the enactment of this
Act, except that the suspension of the timber sale program
of a unit of the National Forest System under subsection
(b) of such section may not begin before October 1, 1995.
As soon as possible after the date of the enactment of this
Act, the Secretary of Agriculture shall make the deter-
mination required by subsection (a) of such section with
respect to fiscal years 1992, 1993, and 1994.
SEC. 5003. PERMANENT LIMITATIONS ON AMOUNTS AU-
THORIZED TO BE APPROPRIATED FOR THE
NATIONAL FOREST SYSTEM AND RELATED
AGRICULTURE 
CONSERVATION 
AND 
FOR-
ESTRY PROGRAMS.
(a) NATIONAL FOREST SYSTEM.—Section 11 of the
Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1609) is amended by adding at the
end the following new subsection:
‘‘(c) LIMITATION
ON NATIONAL FOREST SYSTEM
FUNDING.—Notwithstanding any other authorization of
appropriations to the contrary, the total amount author-
289
ized to be appropriated for a fiscal year for necessary ex-
penses of the Forest Service for management, protection,
improvement, and utilization of the National Forest Sys-
tem and for all other purposes specified under the heading
‘NATIONAL FOREST SYSTEM’ in title II of the Department
of the Interior and Related Agencies Appropriations Act,
1995 (Public Law 103–332; 108 Stat. 2520), shall not
exceed $1,304,891,000.’’.
(b) STATE AND PRIVATE FORESTRY.—The Forest
Stewardship Act of 1990 (title XII of Public Law 101–
624; 104 Stat. 3521) is amended by adding after section
1201 the following new section:
‘‘SEC. 1202. LIMITATION ON FUNDING FOR STATE AND PRI-
VATE FORESTRY.
‘‘Notwithstanding any other authorization of appro-
priations to the contrary, the total amount authorized to
be appropriated for a fiscal year for necessary expenses
of State and private forestry activities to cooperate with,
and provide technical and financial assistance to, States,
Territories, possessions, and others and for forest pest
management activities, cooperative forestry and education
and land conservation activities shall not exceed
$161,264,000.’’.
(c) RESOURCE CONSERVATION AND DEVELOPMENT
FUNDING.—
290
(1) FUNDING
LIMITATION.—Section 6 of the
Soil Conservation and Domestic Allotment Act (16
U.S.C. 590f) is amended by striking the section
heading and the first undesignated paragraph and
inserting the following:
‘‘SEC. 6. LIMITATION ON RESOURCE CONSERVATION AND
DEVELOPMENT FUNDING.
‘‘Notwithstanding any other authorization of appro-
priations to the contrary, the total amount authorized to
be appropriated for a fiscal year for necessary expenses
in planning and carrying out projects for resource con-
servation and development and for sound land use pursu-
ant to the first section and sections 2 and 3 of this Act
(16 U.S.C. 590a–590c), section 32(e) of the Bankhead-
Jones Farm Tenant Act (7 U.S.C. 1011(e), and subtitle
H of title XV of the Agriculture and Food Act of 1981
(16 U.S.C. 3451–3461) shall not exceed $28,900,000, ex-
cept that not more than $15,000,000 may be appropriated
for loans in any fiscal year under such subtitle. Such
amounts shall remain available until expended.’’.
(2) CONFORMING AMENDMENTS.—(A) Section
34 of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1013) is amended by adding at the end the
following new sentence: ‘‘For the authorization of
appropriations to carry out section 32(e), see section
291
6 of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590f).’’.
(B) Section 1538 of the Agriculture and Food
Act of 1981 (16 U.S.C. 3461) is amended to read
as follows:
‘‘SEC. 1538. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the authorization of appropriations to carry out
this subtitle, see section 6 of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590f).’’.
(d) AGRICULTURAL CONSERVATION PROGRAM.—
(1) FUNDING LIMITATION.—Section 15 of the
Soil Conservation and Domestic Allotment Act (16
U.S.C. 590o) is amended by striking the first sen-
tence and inserting the following:
‘‘(a) LIMITATION ON AGRICULTURAL CONSERVATION
PROGRAM FUNDING.—Notwithstanding any other author-
ization of appropriations to the contrary, the total amount
authorized to be appropriated for a fiscal year for nec-
essary expenses to carry into effect the agricultural con-
servation program authorized in sections 7 through 14,
section 16 (other than subsection (b)), and section 17 of
this Act (16 U.S.C. 590g–590n, 590p, and 590q) and title
X of the Agricultural Act of 1970, other than section 1005
(16 U.S.C. 1501–1504, 1506–1510), shall not exceed
$100,000,000.’’.
292
(2) CONFORMING
AMENDMENTS.—(A) Such
section is further amended by inserting ‘‘(b) DIS-
TRIBUTION OF FUNDS.—’’ before ‘‘Notwithstanding
the foregoing’’.
(B) Section 1010 of the Agricultural Act of
1970 (16 U.S.C. 1510) is amended to read as fol-
lows:
‘‘SEC. 1010. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the authorization of appropriations to carry out
this title, other than section 1005, see section 15(a) of
the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590o(a)).’’.
(e) GREAT PLAINS CONSERVATION PROGRAM.—Sec-
tion 16(b)(7) of the Soil Conservation and Domestic Allot-
ment Act (16 U.S.C. 590p(b)(7)) is amended by striking
‘‘such sums as may be necessary’’ and inserting
‘‘$11,000,000 each fiscal year’’.
(f) FORESTRY INCENTIVES PROGRAM.—Section 4(j)
of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2103(j)) is amended by striking ‘‘such sums as
may be needed to implement this section, including funds
necessary for’’ and inserting ‘‘$6,625,000 to implement
this section and cover the costs of’’.
293
SEC. 5004. HETCH HETCHY.
In accordance with the discretionary authority pro-
vided in section 7 of the Act of December 19, 1913 (38
Stat. 242, 245) commonly known as the ‘‘Raker Act’’, the
annual amounts to be paid to the United States under
that section shall be increased to the amount determined
by the Secretary of the Interior to be equal to the fair
market value of the electric power generated within the
area described in such Act.
SEC. 5005. MINERAL LEASING OF LANDS WITHIN ARCTIC
NATIONAL WILDLIFE REFUGE.
(a) REPEAL OF LEASING PROHIBITION.—(1) The
heading for section 1003 of the Alaska National Interest
Conservation Act (16 U.S.C. 3143) is amended to read
as follows:
‘‘SEC. 1003. MINERAL LEASING OF LANDS WITHIN ARCTIC
NATIONAL WILDLIFE REFUGE.’’.
(2) Such section 1003 is further amended by adding
the following at the end thereof: ‘‘The preceding sentence
shall not apply to such area or areas within the refuge,
the aggregate acreage of which does not exceed one and
one-half million acres, as the Secretary of the Interior may
designate. Notwithstanding any other provision of law, all
lands owned by the United States and located within such
designated area or areas shall be available for mineral
leasing under the Mineral Leasing Act.’’.
294
(b) DEPOSIT
OF LEASING REVENUES
IN TREAS-
URY.—Section 35 of the Mineral Leasing Act is amended
by adding the following at the end thereof: ‘‘The preceding
provisions of this section shall not apply to lands within
the Arctic National Wildlife Refuge, and 100 percent of
all monies received from sales, bonuses, royalties from any
mineral leasing activities carried out with respect to such
lands shall be deposited in the Treasury as miscellaneous
receipts.’’.
SEC. 5006. NATIONAL PARK SERVICE USER FEES AND EN-
TRANCE FEES.
(a) DEFINITIONS.—As used in this section:
(1) The term ‘‘park’’ means a unit of the Na-
tional Park System.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) FEES.—
(1) ADMISSION FEES.—
(A) IN GENERAL.—The Secretary shall es-
tablish reasonable admission fees to be charged
at units of the National Park System where the
Secretary determines that such fees are appro-
priate and feasible.
(B) ANNUAL PASSES.—For admission or
entrance into any unit of the National Park
295
System designated by the Secretary pursuant to
this section, or into several specific units lo-
cated in a particular geographic area, or for en-
trance to all units where an admission fee is
charged, the Secretary is authorized to make
available annual admission permits for reason-
able fees to be determined by the Secretary.
(C) SINGLE VISITS.—The Secretary shall
establish reasonable admission fees for a single
visit at any unit of the National Park System
designated by the Secretary pursuant to this
section for persons who choose not to purchase
an annual pass.
(2) RECREATION
USE
FEES.—The Secretary
shall establish reasonable fees for specialized outdoor
recreation sites, facilities, equipment, or services
that are provided or furnished at Federal expense.
(3) SPECIAL PARK USES.—The Secretary shall
establish reasonable fees for uses of park units that
require special arrangements including permits. The
fees shall cover all costs of providing necessary serv-
ices associated with special uses and shall be cred-
ited to the appropriation current at that time.
(4) RETENTION OF FEES.—(A) Except as pro-
vided below, fees collected pursuant to paragraphs
296
(1) and (2) of this subsection shall be deposited in
the special fund account established in Section 4 of
the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–6a(i)(4)).
(B) Notwithstanding any other provision of law,
beginning in fiscal year 1996 and thereafter, an
amount equal to 15 percent of the total fees col-
lected in the immediate preceding fiscal year pursu-
ant to paragraphs (1) and (2) shall be deducted
from the current year collections and shall be depos-
ited into a special fund established in the Treasury
of the United States titled ‘‘Fee Collection Sup-
port—National Park System’’ and shall be available
to the Secretary without further appropriation to
cover the costs of collection of the fees, to remain
available until expended.
(5) Notwithstanding any other provision of law,
beginning in fiscal year 1998 and thereafter, 50 per-
cent of the difference in additional receipts collected
during the immediate preceding fiscal year as com-
pared to total receipts collected in fiscal year 1993
shall be deducted from the current year collections
and shall be covered into a special fund established
in the Treasury of the United States titled ‘‘Na-
tional Park Renewal Fund’’, and shall be available
297
to the Secretary without further appropriation for
infrastructure needs at parks, including but not lim-
ited to facility refurbishment, repair and replace-
ment, resource protection, interpretive/educational
media (exhibits), and other infrastructure projects
beneficial to park resources, to remain available
until expended.
(6) In fiscal year 1997 only, fees authorized to
be collected pursuant to paragraphs (1) and (2) may
be collected only to the extent provided in advance
in appropriations acts and shall be credited to the
appropriate special fund accounts described in this
section. In addition, said fees shall be available for
the purposes of this section only to the extent pro-
vided in advance in appropriations acts and are au-
thorized to be appropriated to remain available until
expended. In fiscal year 1998 and thereafter, fees
collected as authorized to be collected pursuant to
paragraphs (1) and (2) may be collected as author-
ized by this section and shall be available as pro-
vided in this section without further provision in ap-
propriations Acts.
(c) USE OF FEES.—The Secretary shall develop pro-
cedures for the use of these receipts that ensure account-
ability and demonstrated results consistent with the pur-
298
poses of this section. The Secretary shall report annually
to Congress on the expenditure of funds from fees col-
lected, beginning after the first full fiscal year following
enactment of this section.
(d) DISCOUNTS.—In establishing the fees authorized
in this section, the Secretary shall establish appropriate
discounts for educational groups, persons sixty-two years
of age older, or persons who are blind or permanently dis-
abled. The Secretary may also establish criteria when the
fees may be waived for these groups or individuals.
(e) CRITERIA.—All fees established pursuant to this
section shall be fair and equitable, taking into consider-
ation the direct and indirect cost to the Government, the
benefits to the recipient, the public policy or interest
served, the comparable fees charged by non-Federal public
and private agencies, the economic and administrative fea-
sibility of fee collection and other pertinent factors. The
Secretary shall from time to time review the fees for con-
sistency with the provisions of this subsection and provide
timely public notice of any proposed changes in the fees.
(f) DONATIONS.—
(1) REQUESTS FOR DONATIONS.—In addition to
other authorities the Secretary may have to accept
the donation of lands, buildings, other property,
services, and moneys for the purposes of the Na-
299
tional Park System, the Secretary is authorized to
solicit donations of money, property, and services
from individuals, corporations, foundations and
other potential donors who the Secretary believes
would wish to make such donations as an expression
of support for the national parks. Such donations
may be accepted and used for any authorized pur-
pose or program of the National Park Service, and
donations of money shall remain available for ex-
penditure without fiscal year limitation. Any employ-
ees of the Department to whom this authority is del-
egated shall be set forth in regulations issued by the
Secretary pursuant to paragraph (4).
(2) EMPLOYEE PARTICIPATION.—Employees of
the National Park Service may solicit donations only
if the request is incidental to or in support of, and
does not interfere with their primary duty of protect-
ing and administering the parks or administering
authorized programs, and only for the purpose of
providing a level of resource protection, visitor facili-
ties, or services for health and safety projects, recur-
ring maintenance activities, or for other routine ac-
tivities normally funded through annual agency ap-
propriations. Such requests must be in accordance
with guidelines issued pursuant to paragraph (d).
300
(3) PROHIBITIONS.—(A) A donation may not
be accepted in exchange for a commitment to the
donor on the part of the National Park Service or
which attaches conditions inconsistent with applica-
ble laws and regulations or that is conditioned upon
or will require the expenditure of appropriated funds
that are not available to the Department, or which
compromises a criminal or civil position of the
United States or any of its departments or agencies
or the administrative authority of any agency of the
United States.
(B) In utilizing the authorities contained in this
section employees of the National Park Service shall
not directly conduct or execute major fund raising
campaigns, but may cooperate with others whom the
Secretary may designate to conduct such campaigns
on behalf of the National Park Service.
(4) REGULATIONS AND GUIDANCE.—The Sec-
retary shall issue regulations setting forth those po-
sitions to which he has delegated his authority under
paragraph (1) and the categories of employees of the
National Park Service that are authorized to request
donations pursuant to paragraph (2). Such regula-
tions shall also set forth any limitations on the types
301
of donations that will be requested or accepted as
well as the sources of those donations.
(5) GUIDELINES.—The Secretary shall publish
guidelines which set forth the criteria to be used in
determining whether the solicitation or acceptance of
contributions of lands, buildings, other property,
services, moneys and other gifts or donations au-
thorized by this section would reflect unfavorably
upon the ability of the Department of the Interior
or any employee to carry out its responsibilities or
official duties in a fair and objective manner, or
would compromise the integrity or the appearance of
the integrity of its programs or any official involved
in those programs. The Secretary shall also issue
written guidance on the extent of the cooperation
that may be provided by National Park Service em-
ployees in any major fund raising campaign which
the Secretary has designated others to conduct pur-
suant to paragraph (3)(B).
(g) CHALLENGE COST-SHARE AGREEMENTS.—
(1) AGREEMENTS.—The Secretary is authorized
to negotiate and enter into challenge cost-share
agreements with cooperators. For purposes of this
section, the term—
302
(A) 
‘‘challenge 
cost-share 
agreement’’
means any agreement entered into between the
Secretary and any cooperator for the purpose of
sharing costs or services in carrying out author-
ized functions and responsibilities of the Sec-
retary with respect to the National Park Sys-
tem; and
(B) ‘‘cooperator’’ means any State or local
government, public or private agency, organiza-
tion, institution, corporation, individual, or
other entity.
(2) USE OF FEDERAL FUNDS.—In carrying out
challenge cost-share agreements, the Secretary is au-
thorized, subject to appropriation, to provide the
Federal funding share from any funds available to
the National Park Service.
(h) COST RECOVERY FOR DAMAGE TO PARK RE-
SOURCES.—Any funds payable to the United States as res-
titution on account of damage to park resources or prop-
erty shall be paid to the Secretary. Any such funds, and
any other funds received by the Secretary as a result of
forfeiture, compromise, or settlement on account of dam-
age to park resources or property shall be available with-
out appropriation and may be expended by the Secretary
without regard to fiscal year limitation to improve, pro-
303
tect, or rehabilitate any park resources or property which
have been damaged by the action of a permittee or any
unauthorized person.
(i) CONSISTENCY WITH OTHER LAWS.—
(1) Except as provided in subsection (2), to the
extent that the provisions of this section are incon-
sistent with section 4 of the Land and Water Con-
servation Act of 1965 as amended (16 U.S.C. 460l–
6a) or any other provision of law, including any pro-
vision that prohibits or limits the charging of a rea-
sonable recreation or other fee, the provisions of this
section shall prevail.
(2) The following sections of the Land and
Water Conservation Act of 1965 as amended (16
U.S.C. 460l–6a) will apply to this section:
(A) RULES
AND
REGULATIONS; ESTAB-
LISHMENT; ENFORCEMENT POWERS; PENALTY
FOR VIOLATIONS.—In accordance with the pro-
visions of this section, the Secretary may pre-
scribe rules and regulations for areas under his
or her administration for the collection of any
fee established pursuant to this section. Persons
authorized to enforce any such rules or regula-
tions issued under this subsection may, within
areas under the administration or authority of
304
the Secretary and with or, if the offense is com-
mitted in his presence, without a warrant, ar-
rest any person who violates such rules and reg-
ulations. Any person so arrested may be tried
and sentenced by the United States magistrate
judge specifically designated for that purpose
by the court by which he was appointed, in the
same manner and subject to the same condi-
tions as provided in subsection (b), (c), (d), and
(e) of section 3401 of title 18. Any violations of
the rules and regulations issued under this sub-
section shall be punishable by a fine of not
more than $1,000.
(B) CRITERIA, POSTING AND UNIFORMITY
OF FEES.—Clear notice that a fee has been es-
tablished pursuant to this section shall be
prominently posted at each area and at appro-
priate locations therein and shall be included in
publications distributed at such areas.
(C) CONTRACTS WITH PUBLIC OR PRIVATE
ENTITIES
FOR
VISITOR
RESERVATION
SERV-
ICES.—The Secretary, under such terms and
conditions as he deems appropriate, may con-
tract with any public or private entity to pro-
vide visitor reservation services. Any such con-
305
tract may provide that the contractor shall be
permitted to deduct a commission to be fixed by
the agency head from the amount charged the
public for providing such services and to remit
the net proceeds therefrom to the contracting
agency.
(D) FEDERAL
AND
STATE
LAWS
UNAF-
FECTED.—Nothing in this section shall author-
ize Federal hunting or fishing licenses or fees
or charges for commercial or other activities not
related to recreation, nor shall it affect any
rights or authority of the States with respect to
fish and wildlife, nor shall it repeal or modify
any provision of law that permits States or po-
litical subdivisions to share in the revenues
from Federal lands or any provision of law that
provides that any fees or charges collected at
particular Federal areas shall be used for or
credited to specific purposes or special funds as
authorized by that provision of law.
(E) SELLING OF PERMITS AND COLLEC-
TION
OF
FEES
BY
VOLUNTEERS
AT
DES-
IGNATED AREAS; COLLECTING AGENCY DUTIES;
SURETY BONDS; SELLING OF ANNUAL ADMIS-
SION PERMITS BY PUBLIC AND PRIVATE ENTI-
306
TIES UNDER ARRANGEMENTS WITH COLLECT-
ING AGENCY HEAD.—When authorized by the
Secretary, volunteers at designated areas may
sell permits and collect fees authorized or estab-
lished pursuant to this section. The Secretary
shall ensure that such volunteers have adequate
training regarding—
(i) the sale of permits and the collec-
tion of fees,
(ii) the purposes and resources of the
areas in which they are assigned, and
(iii) the provision of assistance and in-
formation to visitors to the designated
area.
The Secretary shall require a surety bond for
any such volunteer performing services under
this subsection. Funds available to the collect-
ing agency may be used to cover the cost of any
such surety bond. The head of the collecting
agency may enter into arrangements with quali-
fied public or private entities pursuant to which
such entities may well (without cost to the
United States) annual admission permits (in-
cluding Golden Eagle Passports) at any appro-
priate location.
307
Subtitle 
B—Environmental 
Con-
servation, 
Cleanup, 
and 
Re-
search Reforms
SEC. 5101. PREFERENCE FOR INTERIM MEASURES IN
SUPERFUND RESPONSE ACTIONS.
(a) AMENDMENT OF CERCLA.—Section 121(a) of
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9621(a)) is
amended by adding at the end the following: ‘‘Notwith-
standing any other provision of this Act, in selecting ap-
propriate remedial actions in any record of decision issued
on or after October 1, 1995, the President shall give a
preference to the use of institutional controls (such as
deed and access restrictions, monitoring, and provision of
alternate water supplies), containment methods (including
caps, slurry walls, and surface water diversion), and other
interim measures, rather than permanent treatment tech-
nologies, if such measures are sufficient to assure the pro-
tection of human health and the environment.’’.
(b) CLEANUP STANDARDS.—Section 121(d)(2) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9621(d)(2)) shall
not apply to any remedial action described in the amend-
ment made by subsection (a).
308
(c) AUTHORIZATION OF APPROPRIATIONS.—(1) Sec-
tion 517(b) of the Superfund Amendments and Reauthor-
ization Act of 1986 is amended—
(A) by striking the period at the end of para-
graph (9) and inserting in lieu thereof a comma; and
(B) by adding after paragraph (9) the following
new paragraphs:
‘‘(10) 1996, $1,065,536,000,
‘‘(11) 1997, $1,100,198,000,
‘‘(12) 1998, $1,254,824,000, and
‘‘(13) 1999, $1,321,018,000,’’.
(2) Section 9507(c) of the Internal Revenue Code of
1986 is amended by adding the following new paragraph
at the end thereof:
‘‘(3) LIMITATION
ON APPROPRIATIONS
FROM
FUND.—For fiscal years 1996, 1997, 1998, and
1999, the total of all amounts authorized to be ap-
propriated from the Superfund shall not exceed the
amounts specified in paragraphs (10) through (13)
of the Superfund Amendments and Reauthorization
Act of 1986.’’.
(d) REPORT
REQUIREMENT.—(1) The President
shall submit to Congress a report, during each of the 5
years listed in paragraph (2), on the use of measures
under the last sentence of section 121(a) of the Com-
309
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9621), as required by
the amendment made by subsection (a). The report shall
cover the preceding fiscal year and shall include the esti-
mated savings resulting from the use of such measures
in comparison to using permanent treatment technologies.
(2) The President shall submit the report required
by paragraph (1) by December 1 of 1996, 1997, 1998,
1999, and 2000.
SEC. 5102. ELIMINATION OF THE CONSERVATION RESERVE
PROGRAM.
(a) IN GENERAL.—Subchapter B of chapter 1 of sub-
title D of title XII of the Food Security Act of 1985 (16
U.S.C. 3831–3836) is hereby repealed.
(b) CONFORMING AMENDMENTS.—
(1) Section 1201(a) of such Act (16 U.S.C.
3801(a)) is amended by striking paragraph (3).
(2) Sections 1211(3) and 1221(a)(3) of such
Act (16 U.S.C. 3811(3) and 3821(a)(3)) are each
amended by striking subparagraph (C) and by redes-
ignating subparagraphs (D), (E), and (F) as sub-
paragraphs (C), (D), and (E), respectively.
(3) Section 1230 of such Act (16 U.S.C. 3830)
is amended—
310
(A) in subsection (a), by striking ‘‘highly’’
and all that follows through ‘‘contamination),
and’’;
(B) in subsection (b), by striking ‘‘sub-
chapters B and C’’ and inserting ‘‘subchapter
C’’; and
(C) in subsection (c)—
(i) by striking ‘‘the conservation re-
serve program and’’; and
(ii) by striking ‘‘subchapters B and C,
respectively’’ and inserting ‘‘subchapter
C’’.
(4) Section 1237 of such Act (16 U.S.C. 3837)
is amended by striking subsection (f).
(5) Section 1239(b) of such Act (16 U.S.C.
3839(b)) is amended by striking paragraph (3).
(6) Section 1247 of such Act (16 U.S.C. 3847)
is amended—
(A) by striking ‘‘(a) IN GENERAL.—’’; and
(B) by striking subsection (b).
(7) Section 1305 of the Omnibus Budget Rec-
onciliation Act of 1987 (Public Law 100–203; 101
Stat. 1330–18) is amended by striking subsection
(d).
311
(8) Section 10 of the Farm Disaster Assistance
Act of 1987 (Public Law 100–45; 101 Stat. 323) is
hereby repealed.
(c) NO EFFECT ON OUTSTANDING CONTRACTS.—
The repeal and amendments made by this section shall
not be construed to affect the terms of any contract en-
tered into under subchapter B of chapter 1 of subtitle D
of title XII of the Food Security Act of 1985 before the
effective date of this Act.
SEC. 5103. ELIMINATION OF FUNDING FOR STATE WATER
POLLUTION CONTROL REVOLVING FUNDS.
No funds may be appropriated to carry out title VI
of the Federal Water Pollution Control Act for fiscal years
beginning after September 30, 1995.
SEC. 5104. ELIMINATION OF FUNDING FOR WATERSHED
AND FLOOD PREVENTION OPERATIONS.
For fiscal years beginning after September 30, 1995,
no funds may be appropriated for any of the following pur-
poses:
(1) Watershed operations and loan services au-
thorized by section 13 of the Flood Control Act ap-
proved December 22, 1944 (58 Stat. 905–906).
(2) Emergency watershed protection operations
conducted by the Secretary of Agriculture.
312
(3) Loan services authorized by section 8 of the
Watershed Protection and Flood Prevention Act (16
U.S.C. 1006a).
SEC. 5105. OBLIGATION LIMITATION FOR FLOOD CONTROL
AND COASTAL EMERGENCIES.
The total of obligations incurred in fiscal year 1996
for expenses of the Corps of Engineers described under
the heading ‘‘Flood Control and Coastal Emergencies’’ in
title I of the Energy and Water Development Appropria-
tions Act, 1995 (Public Law 103–316; 108 Stat. 1710)
may not exceed $15,000,000.
SEC. 5106. OBLIGATION LIMITATION FOR FLOOD CONTROL,
MISSISSIPPI RIVER AND TRIBUTARIES.
The total of obligations incurred in fiscal year 1996
for expenses of the Corps of Engineers described under
the heading ‘‘Flood Control, Mississippi River and Tribu-
taries, Arkansas, Illinois, Kentucky, Louisiana, Mis-
sissippi, Missouri, and Tennessee’’ in title I of the Energy
and Water Development Appropriations Act, 1995 (Public
Law 103–316; 108 Stat. 1709) may not exceed
$320,000,000.
313
Subtitle C—Restructuring of
Department of the Interior
SEC. 5201. LIMITATION ON ACQUISITION OF LANDS BY BU-
REAU OF LAND MANAGEMENT.
(a) CONGRESSIONAL FINDINGS.—The Congress finds
that—
(1) the Bureau of Land Management presently
holds title to 1,800,000,000 acres of public land;
(2) much of this land is marginal in value and
left over from the 19th century;
(3) in many cases, the costs of maintaining and
surveying this land far exceed the actual value of
these parcels;
(4) the agency is presently facing a sizable
budget backlog which is hampering its ability to
properly manage all of this property;
(5) under the Federal Land Policy and Man-
agement Act of 1976, the Bureau is required to
identify public lands suitable for sale, exchange, or
transfer; and
(6) the transfer of some of these parcels could
effect budget savings and greater management effi-
ciencies for the Bureau.
(b) ACQUISITION OF LANDS BY BUREAU OF LAND
MANAGEMENT.—
314
(1) PROHIBITION.—Except as provided by sub-
section (c), amounts appropriated or otherwise made
available after the date of the enactment of this Act
may not be obligated or expended by the Secretary
of the Interior (hereafter in this section referred to
as the ‘‘Secretary’’) for the acquisition of any lands
or interests therein which are to be administered by
the Bureau of Land Management.
(2) ACQUISITION BY DONATION OR EXCHANGE
OR WITH AMOUNTS FROM FUND.—After the date of
the enactment of this Act, the Secretary may acquire
lands or interests therein for administration by the
Bureau of Land Management only by exchange, by
donation, or from amounts made available from the
Fund pursuant to subsection (c).
(c) BUREAU OF LAND MANAGEMENT LAND SALE
AND ACQUISITION FUND.—
(1) ESTABLISHMENT.—There is established in
the Department of the Interior a fund to be known
as the ‘‘Bureau of Land Management Land Sale
and Acquisition Fund’’ (hereafter in this section re-
ferred to as the ‘‘Fund’’).
(2) ADMINISTRATION.—The Fund shall be ad-
ministered by the Secretary.
315
(3) DEPOSITS INTO FUND.—There shall be de-
posited into the Fund—
(A) all amounts received by the Secretary
from the disposal of any lands or interests
therein administered by the Bureau of Land
Management; and
(B) all amounts received by the United
States by gift for acquisition of lands to be ad-
ministered by the Bureau of Land Manage-
ment.
(4) EXPENDITURES
FROM
FUND.—Amounts
may be made available from the Fund, subject to ap-
propriation, for the acquisition of lands or interests
therein to be administered by the Bureau of Land
Management.
(d) INFORMATION REQUIRED TO BE INCLUDED IN
ANNUAL BUDGET REQUESTS RELATING TO TRANSFER
OR DISPOSAL OF PUBLIC LANDS.—Each annual budget
request submitted by the Secretary to the Congress shall
be accompanied by information as to whether the Bureau
of Land Management, through preparation of land-use
plans pursuant to the Federal Land Policy and Manage-
ment Act of 1976, has identified public lands which are
suitable for transfer to other management or for disposal
through exchange or otherwise, the transfer or disposal
316
of which has been delayed because of incomplete surveys
or other reasons. If enactment of additional legislation
would be desirable in order to facilitate the transfer or
disposal of public lands described in the request, the Sec-
retary may include a proposal for such additional legisla-
tion in such request.
SEC. 5202. ABOLITION OF BUREAU OF MINES.
(a) TERMINATION OF FUNCTIONS, POSITIONS, AND
OFFICES.—Upon the effective date of this Act, the Bureau
of Mines shall be terminated and all functions of the Bu-
reau and all positions and offices within the Bureau shall
be terminated. As promptly as possible after the effective
date of this Act the Administrator of the General Services
Administration shall dispose of all facilities and property
of the Bureau (including all research facilities and equip-
ment owned by the Bureau) in accordance with the Fed-
eral Property and Administrative Services Act and other
applicable provisions of law.
(b) ADMINISTRATIVE PROVISIONS.—The provisions
of this section shall not affect suits commenced prior to
the date this section takes effect. In all such suits, pro-
ceedings shall be had, appeals taken, and judgments ren-
dered in the same manner and effect as if this section had
not been enacted. No suit, action, or other proceeding
commenced by or against any officer in his official capac-
317
ity as an officer of the Bureau of Mines shall abate by
reason of the enactment of this section. No cause of action
by or against the Bureau of Mines or by or against any
officer thereof in his official capacity shall abate by reason
of the enactment of this section. Any suit, action, or other
proceeding brought against the Bureau of Mines or and
officer thereof in his official capacity shall be continued
with the Secretary of the Interior substituted as the de-
fendant.
SEC. 5203. SALE OF HELIUM PROCESSING AND STORAGE
FACILITY.
(a) REFERENCES.—Except as otherwise expressly
provided, whenever in this section an amendment or repeal
is expressed in terms of an amendment to, or repeal of,
a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the He-
lium Act (50 U.S.C. 167 to 167n).
(b) AUTHORITY OF SECRETARY.—Sections 3, 4, and
5 are amended to read as follows:
‘‘SEC. 3. AUTHORITY OF SECRETARY.
‘‘(a) EXTRACTION AND DISPOSAL OF HELIUM ON
FEDERAL LANDS.—(1) The Secretary may enter into
agreements with private parties for the recovery and dis-
posal of helium on Federal lands upon such terms and
conditions as he deems fair, reasonable and necessary. The
318
Secretary may grant leasehold rights to any such helium.
The Secretary may not enter into any agreement by which
the Secretary sells such helium other than to a private
party with whom the Secretary has an agreement for re-
covery and disposal of helium. Such agreements may be
subject to such rules and regulations as may be prescribed
by the Secretary.
‘‘(2) Any agreement under this subsection shall be
subject to the existing rights of any affected Federal oil
and gas lessee. Each such agreement (and any extension
or renewal thereof) shall contain such terms and condi-
tions as deemed appropriate by the Secretary.
‘‘(3) This subsection shall not in any manner affect
or diminish the rights and obligations of the Secretary and
private parties under agreements to dispose of helium pro-
duced from Federal lands in existence at the enactment
of the Helium Act of 1994 except to the extent that such
agreements are renewed or extended after such date.
‘‘(b) STORAGE, TRANSPORTATION AND SALE.—The
Secretary is authorized to store, transport, and sell helium
only in accordance with this Act.
‘‘(c) MONITORING AND REPORTING.—The Secretary
is authorized to monitor helium production and helium re-
serves in the United States and to periodically prepare re-
319
ports regarding the amounts of helium produced and the
quantity of crude helium in storage in the United States.
‘‘SEC. 4. STORAGE AND TRANSPORTATION OF CRUDE
HELIUM.
‘‘(a) STORAGE
AND TRANSPORTATION.—The Sec-
retary is authorized to store and transport crude helium
and to maintain and operate existing crude helium storage
at the Bureau of Mines Cliffside Field, together with relat-
ed helium transportation and withdrawal facilities.
‘‘(b) CESSATION OF PRODUCTION, REFINING, AND
MARKETING.—Effective one year after the date of enact-
ment of the Helium Act of 1994, the Secretary shall cease
producing, refining and marketing refined helium and
shall cease carrying out all other activities relating to he-
lium which the Secretary was authorized to carry out
under this Act before the date of enactment of the Helium
Act of 1994, except those activities described in subsection
(a).
‘‘(c) DISPOSAL OF FACILITIES.—(1) Within one year
after the date of enactment of the Helium Act of 1994,
the Secretary shall dispose of all facilities, equipment, and
other real and personal property, together with all inter-
ests therein, held by the United States for the purpose
of producing, refining and marketing refined helium. The
disposal of such property shall be in accordance with the
320
provisions of law governing the disposal of excess or sur-
plus properties of the United States.
‘‘(2) All proceeds accruing to the United States by
reason of the sale or other disposal of such property shall
be treated as moneys received under this chapter for pur-
poses of section 6(f). All costs associated with such sale
and disposal (including costs associated with termination
of personnel) and with the cessation of activities under
subsection (b) shall be paid from amounts available in the
helium production fund established under section 6(f).
‘‘(3) Paragraph (1) shall not apply to any facilities,
equipment, or other real or personal property, or any in-
terest therein, necessary for the storage and transpor-
tation of crude helium.
‘‘(d) EXISTING CONTRACTS.—All contracts which
were entered into by any person with the Secretary for
the purchase by such person from the Secretary of refined
helium and which are in effect on the date of the enact-
ment of the Helium Act of 1994 shall remain in force and
effect until the date on which the facilities referred to in
subsection (c) are disposed of. Any costs associated with
the termination of such contracts shall be paid from the
helium production fund established under section 6(f).
321
‘‘SEC. 5. FEES FOR STORAGE, TRANSPORTATION AND WITH-
DRAWAL.
‘‘Whenever the Secretary provides helium storage,
withdrawal, or transportation services to any person, the
Secretary is authorized and directed to impose fees on
such person to reimburse the Secretary for the full costs
of providing such storage, transportation, and withdrawal.
All such fees received by the Secretary shall be treated
as moneys received under this Act for purposes of section
6(f).’’.
(c) SALE OF CRUDE HELIUM.—Section 6 is amended
as follows:
(1) Subsection (a) is amended by striking out
‘‘from the Secretary’’ and inserting ‘‘from persons
who have entered into enforceable contracts to pur-
chase an equivalent amount of crude helium from
the Secretary’’.
(2) Subsection (b) is amended by inserting
‘‘crude’’ before ‘‘helium’’ and by adding the follow-
ing at the end thereof: ‘‘Except as may be required
by reason of subsection (a), the Secretary shall not
make sales of crude helium under this section in
such amounts as will disrupt the market price of
crude helium.’’.
(3) Subsection (c) is amended by inserting
‘‘crude’’ before ‘‘helium’’ after the words ‘‘Sales of’’
322
and by striking ‘‘together with interest as provided
in this subsection’’ and all that follows down
through the period at the end of such subsection and
inserting the following: ‘‘all funds required to be re-
paid to the United States as of October 1, 1993
under this section (hereinafter referred to as ‘repay-
able amounts’). The price at which crude helium is
sold by the Secretary shall not be less than the
amount determined by the Secretary as follows:
‘‘(1) Divide the outstanding amount of such re-
payable amounts by the volume (in mcf) of crude he-
lium owned by the United States and stored in the
Bureau of Mines Cliffside Field at the time of the
sale concerned.
‘‘(2) Adjust the amount determined under para-
graph (1) by the Consumer Price Index for years be-
ginning after December 31, 1993.’’.
(4) Subsection (d) is amended to read as fol-
lows:
‘‘(d) EXTRACTION OF HELIUM FROM DEPOSITS ON
FEDERAL LANDS.—All moneys received by the Secretary
from the sale or disposition of helium on Federal lands
shall be paid to the Treasury and credited against the
amounts required to be repaid to the Treasury under sub-
section (c) of this section.’’.
323
(5) Subsection (e) is repealed.
(6) Subsection (f) is amended by inserting
‘‘(1)’’ after ‘‘(f)’’ and by adding the following at the
end thereof:
‘‘(2) Within 7 days after the commencement of each
fiscal year after the disposal of the facilities referred to
in section 4(c), all amounts in such fund in excess of
$2,000,000 (or such lesser sum as the Secretary deems
necessary to carry out this Act during such fiscal year)
shall be paid to the Treasury and credited as provided in
paragraph (1). Upon repayment of all amounts referred
to in subsection (c), the fund established under this sec-
tion shall be terminated and all moneys received under this
Act shall be deposited in the Treasury as General Reve-
nues.’’.
(d) ELIMINATION
OF STOCKPILE.—Section 8 is
amended to read as follows:
‘‘SEC. 8. ELIMINATION OF STOCKPILE.
‘‘(a) REVIEW OF RESERVES.—Not later than Janu-
ary 1, 2014 the Secretary shall review the known helium
reserves in the United States and make a determination
as to the expected life of the domestic helium reserves
(other than federally owned helium stored at the Cliffside
Reservoir) at that time.
324
‘‘(b) RESERVES BELOW 1 BCF IN 2014.—Not later
than January 1, 2014, if the Secretary determines that
domestic helium reserves (other than federally owned he-
lium stored at the Cliffside Reservoir) are less than 1 bil-
lion cubic feet (bcf), the Secretary shall commence making
sales of crude helium from helium reserves owned by the
United States in such amounts as may be necessary to
dispose of all such helium reserves in excess of 600 million
cubic feet (mcf) by January 1, 2019. The sales shall be
at such times and in such lots as the Secretary determines,
in consultation with the helium industry, necessary to
carry out this subsection. The price for all such sales, as
determined by the Secretary in consultation with the he-
lium industry, shall be such as will ensure repayment of
the amounts required to be repaid to the Treasury under
section 6(c) by the year 2019 with minimum market dis-
ruption. The date specified in this subsection for comple-
tion of such sales and for repayment of debt may be ex-
tended by the Secretary for a period of not to exceed 5
additional years if necessary in order to assure repayment
of such debt with minimum market disruption.
‘‘(c) RESERVES ABOVE 1 BCF IN 2014.—Not later
than January 1, 2014, if the Secretary determines that
domestic helium reserves (other than federally owned he-
lium stored at the Cliffside Reservoir) are more than 1
325
billion cubic feet (bcf), the Secretary shall commence mak-
ing sales of crude helium from helium reserves owned by
the United States in such amounts as may be necessary
to dispose of all such helium reserves in excess of 600 mil-
lion cubic feet (mcf) by January 1, 2024. The sales shall
be at such times and in such lots as the Secretary deter-
mines, in consultation with the helium industry, necessary
to carry out this subsection with minimum disruption of
the market for crude helium.
‘‘(d) DISCOVERY OF ADDITIONAL RESERVES.—The
discovery of additional helium reserves after the year 2014
shall not affect the duty of the Secretary to make sales
of helium as provided in subsection (b) or (c), as the case
may be.’’.
(e) REPEAL OF AUTHORITY TO BORROW.—Sections
12 and 15 are repealed.
SEC. 5204. ABOLITION OF GEOLOGICAL SURVEY.
(a) TRANSFER OF BASIC RESEARCH FUNCTIONS TO
NATIONAL SCIENCE FOUNDATION.—Upon the effective
date of this section there shall be transferred to and vested
in the National Science Foundation all basic research
functions of the United States Geological Survey.
(b) TRANSFER
OF STREAM MONITORING FUNC-
TIONS.—Upon the effective date of this Act there shall be
transferred to and vested in the Administrator of the En-
326
vironmental Protection Agency all stream monitoring
functions of the United States Geological Survey, (to-
gether with all other water resources and water quality
investigation functions of the Survey).
(c) TERMINATION
OF OTHER FUNCTIONS, POSI-
TIONS, AND OFFICES.—Upon the effective date of this sec-
tion, the United States Geological Survey shall be termi-
nated and all functions of the Survey not transferred
under this section shall be terminated. As promptly as pos-
sible after the effective date of this Act the Administrator
of the General Services Administration shall dispose of all
facilities and property of the Survey (including all research
facilities and equipment owned by the Survey and used
for purposes of basic research, such as the seismic network
and volcano observatories) in accordance with the Federal
Property and Administrative Services Act and other appli-
cable provisions of law. Each position and office within
the United States Geological Survey which was performing
a function terminated by this subsection shall terminate.
(d) ADMINISTRATIVE PROVISIONS.—
(1) AUTHORITIES TRANSFERRED.—To the ex-
tent necessary or appropriate to perform any func-
tion transferred by this section, the head of the
agency or instrumentality to which such function is
transferred may exercise, in carrying out the func-
327
tion so transferred, any authority or part thereof
available by law, including appropriation Acts, to the
United States Geological Survey or any official
thereof.
(2) TRANSFER AND ALLOCATIONS OF APPRO-
PRIATIONS AND PERSONNEL.—(A) Except as other-
wise provided in this section, the personnel employed
in connection with, and the assets, liabilities, con-
tracts, property, records, and unexpended balance of
appropriations authorizations, allocations, and other
funds employed, held, used, arising from, available
to or to be made available in connection with the
functions transferred by this section, are hereby
transferred to the National Science Foundation (in
the case of functions referred to in subsection (a))
or to the Administrator of the Environmental Pro-
tection Agency (in the case of functions referred to
in subsection (b)) for appropriate allocation. Unex-
pended funds transferred pursuant to this subsection
shall only be used for the purposes for which the
funds were originally authorized and appropriated.
(3) EFFECT ON PERSONNEL.—(A) Except as
otherwise provided in this section, the transfer pur-
suant to this section of full-time personnel (except
special Government employees) and part-time per-
328
sonnel holding permanent positions pursuant to this
section shall not cause any such employee to be sep-
arated or reduced in grade or compensation for one
year after the date of enactment of this Act.
(B) Any person who, on the effective date of
this section, held a position compensated in accord-
ance with the Executive Schedule prescribed in chap-
ter 53 of title 5, United States Code, and who, with-
out a break in service, is appointed in National
Science Foundation or the Environmental Protection
Agency to a position having duties comparable to
those performed immediately preceding his appoint-
ment shall continue to be compensated in his new
position at not less than the rate provided for his
previous position, for the duration of his service in
the new position.
(e) INCIDENTAL TRANSFERS.—The Director of the
Office of Management and Budget, in consultation with
the Secretary of the Interior, is authorized and directed
to make such determinations as may be necessary with
regard to the transfer of functions which relate to or are
utilized by the United States geological Survey, to make
such additional incidental dispositions of personnel, assets,
liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations,
329
and other funds held, used, arising from, available to or
to be made available in connection with the functions
transferred by this section, as he may deem necessary to
accomplish the purposes of this section.
(f) SAVINGS PROVISIONS.—(1) All orders, determina-
tions, rules, regulations, permits, contracts, certificates, li-
censes, and privileges—
(A) which have been issued, made, granted, or
allowed to become effective in the performance of
functions which are transferred under this section,
and
(B) which are in effect at the time this section
takes effect,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Secretary of the
Interior, the National Science Foundation, the Adminis-
trator of the Environmental Protection Agency, or other
authorized officials, a court of competent jurisdiction, or
by operation of law.
(2) Except as provided in paragraph (4)—
(A) the provisions of this section shall not af-
fect suits commenced prior to the date this section
takes effect, and
330
(B) in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same
manner and effect as if this section had not been en-
acted.
(3) No suit, action, or other proceeding commenced
by or against any officer in his official capacity as an offi-
cer of the United States Geological Survey shall abate by
reason of the enactment of this section. No cause of action
by or against the United States Geological Survey or by
or against any officer thereof in his official capacity shall
abate by reason of the enactment of this section.
(4) If, before the date on which this section takes ef-
fect, the United States Geological Survey or officer thereof
in his official capacity is a party to a suit, and under this
section, any function of the Survey or of such officer is
transferred to the National Science Foundation or the Ad-
ministrator of the Environmental Protection Agency, then
such suit shall be continued with the National Science
Foundation or the Administrator, as the case may be, sub-
stituted.
(g) REFERENCES.—With respect to any functions
transferred by this section, any reference in any other
Federal law to the United States Geological Survey or any
officer or office the functions of which are so transferred
shall be deemed to refer to the National Science Founda-
331
tion or the Administrator of the Environmental Protection
Agency or the officer or office thereof in which this section
vests such functions.
SEC. 5205. DOWNSIZING OF MINERALS MANAGEMENT SERV-
ICE.
Upon the enactment of this Act, the functions of the
Outer Continental Shelf Regional Offices of the Minerals
Management Service serving Alaska, the Pacific Coast and
the Atlantic regions shall be transferred to such officer
within the Department of the Interior as may be des-
ignated by the Secretary of the Interior and the Secretary
shall take such actions as may be necessary to terminate
those regional offices.
SEC. 5206. DOWNSIZING OF BUREAU OF RECLAMATION
Notwithstanding any other provision of law, amounts
appropriated for the fiscal year 1996 and for each of the
4 following fiscal years (not including spending authority
from offsetting collections) for the construction program
of the Bureau of Reclamation shall not exceed
$249,573,000. Notwithstanding any other provision of
law, amounts appropriated for the fiscal year 1996 and
for each of the 4 following fiscal years (not including
spending authority from offsetting collections) for the op-
eration and maintenance of reclamation projects or parts
332
thereof and other facilities of the Bureau of Reclamation
shall not exceed $282,898,000.
SEC. 5207. CONSOLIDATION OF BUREAU OF INDIAN AF-
FAIRS.
Not later than one year after the date of the enact-
ment of this Act, the Secretary of the Interior shall con-
solidate the area service offices of the Bureau of Indian
Affairs into six offices, of which four shall be regional serv-
ice centers and two shall be special service offices. In car-
rying out this section, the Secretary shall consult with the
Task Force on Bureau of Indian Affairs Reorganization,
as provided in the Department of the Interior and Related
Agencies Appropriations Act, 1994 (Public Law 103–
138).
SEC. 5208. ABOLITION OF OFFICE OF TERRITORIAL AND
INTERNATIONAL AFFAIRS.
(a) IN GENERAL.—The Office of Territorial and
International Affairs of the Department of the Interior,
established pursuant to the Order of the Secretary of the
Interior 3046, of February 14, 1980, as amended, is here-
by abolished.
(b) TRANSFER OF RESPONSIBILITIES.—All respon-
sibilities of the Office of Territorial and International Af-
fairs relating to the administration or termination of the
Trust Territory of the Pacific Islands, to the implementa-
333
tion of the Compact of Free Association between the Gov-
ernment of the United States of America and the Govern-
ment of Palau (48 U.S.C. 1681 note), or to the implemen-
tation of the Compact of Free Association between the
Government of the United States of America and the Gov-
ernments of the Marshall Islands and the Federated
States of Micronesia (48 U.S.C. 1681 note), are hereby
transferred to the Office of East Asian and Pacific Affairs
of the Department of State. All responsibilities of the Of-
fice of Territorial and International Affairs relating to
technical operations, or management assistance and not
described in the preceding sentence are hereby transferred
to the Department of Commerce.
(c) ELIMINATION OF POSITION OF ASSISTANT SEC-
RETARY.—
(1) IN
GENERAL.—The position of Assistant
Secretary for Territorial and International Affairs at
the Department of the Interior is hereby eliminated.
(2) CONFORMING AMENDMENT.—Section 5315
of title 5, United States Code, is amended by strik-
ing ‘‘Assistant Secretaries of the Interior (6).’’ and
inserting ‘‘Assistant Secretaries of the Interior (5).’’.
(d) EFFECTIVE DATE.—This subsection shall take
effect on October 1, 1995.
334
SEC. 5209. ABOLITION OF NATIONAL BIOLOGICAL SURVEY.
(a) IN GENERAL.—The National Biological Survey is
hereby abolished.
(b) PROHIBITION OF APPROPRIATIONS.—No funds
are authorized to be appropriated for the National Biologi-
cal Survey.
SEC. 5210. HARDROCK MINING ROYALTIES.
(a) DEFINITIONS.—As used in this section:
(1) The term ‘‘locatable mineral’’ means any
mineral not subject to disposition under any of the
following:
(A) The Mineral Leasing Act (30 U.S.C.
181 and following).
(B) The Geothermal Steam Act of 1970
(30 U.S.C. 100 and following).
(C) The Act of July 31, 1947, commonly
known as the Materials Act of 1947 (30 U.S.C.
601 and following).
(D) The Mineral Leasing for Acquired
Lands Act (30 U.S.C. 351 and following).
(2) The term ‘‘mineral activities’’ means any
activity for, related to or incidental to mineral explo-
ration, mining, beneficiation and processing activi-
ties for any locatable mineral, including access.
When used with respect to this term:
335
(A) The term ‘‘exploration’’ means those
techniques employed to locate the presence of a
locatable mineral deposit and to establish its
nature, position, size, shape, grade and value.
(B) The term ‘‘mining’’ means the proc-
esses employed for the extraction of a locatable
mineral from the earth.
(C) The term ‘‘beneficiation’’ means the
crushing and grinding of locatable mineral ore
and such processes are employed to free the
mineral from other constituents, including but
not necessarily limited to, physical and chemical
separation techniques.
(D) The term ‘‘processing’’ means proc-
esses downstream of beneficiation employed to
prepare locatable mineral ore into the final
marketable product, including but not limited
to, smelting and electrolytic refining.
(3) The term ‘‘mining claim’’ means a claim for
the purposes of mineral activities.
(4) The term ‘‘Secretary’’ means, unless other-
wise provided in this section, the Secretary of the
Interior acting through the Director of the Minerals
Management Service.
336
(b) RESERVATION OF ROYALTY.—Production of all
locatable minerals from any mining claim located under
the general mining laws, or mineral concentrates or prod-
ucts derived from locatable minerals from any mining
claim located under the general mining laws, as the case
may be, shall be subject to a royalty of 8 percent of the
gross income from such production. The claimholder and
any operator to whom the claimholder has assigned the
obligation to make royalty payments under the claim and
any person who controls such claimholder or operator shall
be jointly and severally liable for payment of such royal-
ties.
(c) DUTIES OF CLAIM HOLDERS, OPERATORS, AND
TRANSPORTERS.—(1) A person—
(A) who is required to make any royalty pay-
ment under this section shall make such payments
to the United States at such times and in such man-
ner as the Secretary may by rule prescribe; and
(B) shall notify the Secretary, in the time and
manner as may be specified by the Secretary, of any
assignment that such person may have made of the
obligation to make any royalty or other payment
under a mining claim.
(2) Any person paying royalties under this section
shall file a written instrument, together with the first roy-
337
alty payment, affirming that such person is liable to the
Secretary for making proper payments for all amounts due
for all time periods for which such person as a payment
responsibility. Such liability for the period referred to in
the preceding sentence shall include any and all additional
amounts billed by the Secretary and determined to be due
by final agency or judicial action. Any person liable for
royalty payments under this section who assigns any pay-
ment obligation shall remain jointly and severally liable
for all royalty payments due for the claim for the period.
(3) A person conducting mineral activities shall—
(A) develop and comply with the site security
provisions in operations permit designed to protect
from theft the locatable minerals, concentrates or
products derived therefrom which are produced or
stored on a mining claim, and such provisions shall
conform with such minimum standards as the Sec-
retary may prescribe by rule, taking into account the
variety of circumstances on mining claims; and
(B) not later than the 5th business day after
production begins anywhere on a mining claim, or
production resumes after more than 90 days after
production was suspended, notify the Secretary, in
the manner prescribed by the Secretary, of the date
on which such production has begun or resumed.
338
(4) The Secretary may by rule require any person en-
gaged in transporting a locatable mineral, concentrate, or
product derived therefrom to carry on his or her person,
in his or her vehicle, or in his or her immediate control,
documentation showing, at a minimum, the amount, ori-
gin, and intended destination of the locatable mineral, con-
centrate, or product derived therefrom in such cir-
cumstances as the Secretary determines is appropriate.
(d) RECORDKEEPING
AND REPORTING REQUIRE-
MENTS.—(1) A claim holder, operator, or other person di-
rectly involved in developing, producing, processing, trans-
porting, purchasing, or selling locatable minerals, con-
centrates, or products derived therefrom, subject to this
Act, through the point of royalty computation shall estab-
lish and maintain any records, make any reports, and pro-
vide any information that the Secretary may reasonably
require for the purposes of implementing this section or
determining compliance with rules or orders under this
section. Such records shall include, but not be limited to,
periodic reports, records, documents, and other data. Such
reports may also include, but not be limited to, pertinent
technical and financial data relating to the quantity, qual-
ity, composition volume, weight, and assay of all minerals
extracted from the mining claim. Upon the request of any
officer or employee duly designated by the Secretary or
339
any State conducting an audit or investigation pursuant
to this section, the appropriate records, reports, or infor-
mation which may be required by this section shall be
made available for inspection and duplication by such offi-
cer or employee or State.
(2) Records required by the Secretary under this sec-
tion shall be maintained for 6 years after cessation of all
mining activity at the claim concerned unless the Sec-
retary notifies the operator that he or she has initiated
an audit or investigation involving such records and that
such records must be maintained for a longer period. In
any case when an audit or investigation is underway,
records shall be maintained until the Secretary releases
the operator of the obligation to maintain such records.
(e) AUDITS.—The Secretary is authorized to conduct
such audits of all claim holders, operators, transporters,
purchasers, processors, or other persons directly or indi-
rectly involved in the production or sales of minerals cov-
ered by this section, as the Secretary deems necessary for
the purposes of ensuring compliance with the require-
ments of this section. For purposes of performing such
audits, the Secretary shall, at reasonable times and upon
request, have access to, and may copy, all books, papers
and other documents that relate to compliance with any
provision of this section by any person.
340
(f) COOPERATIVE AGREEMENTS.—(1) The Secretary
is authorized to enter into cooperative agreements with the
Secretary of Agriculture to share information concerning
the royalty management of locatable minerals, con-
centrates, or products derived therefrom, to carry out in-
spection, auditing, investigation, or enforcement (not in-
cluding the collection of royalties, civil or criminal pen-
alties, or other payments) activities under this section in
cooperation with the Secretary, and to carry out any other
activity described in this section.
(2) Except as provided in paragraph (4)(A) of this
subsection (relating to trade secrets), and pursuant to a
cooperative agreement, the Secretary of Agriculture shall,
upon request, have access to all royalty accounting infor-
mation in the possession of the Secretary respecting the
production, removal, or sale of locatable minerals, con-
centrates, or products derived therefrom from claims on
lands open to location under the general mining laws.
(3) Trade secrets, proprietary, and other confidential
information shall be made available by the Secretary pur-
suant to a cooperative agreement under this subsection to
the Secretary of Agriculture upon request only if—
(A) the Secretary of Agriculture consents in
writing to restrict the dissemination of the informa-
tion to those who are directly involved in an audit
341
or investigation under this section and who have a
need to know;
(B) the Secretary of Agriculture accepts liabil-
ity for wrongful disclosure; and
(C) the Secretary of Agriculture demonstrates
that such information is essential to the conduct of
an audit or investigation under this subsection.
(g) INTEREST AND SUBSTANTIAL UNDERREPORTING
ASSESSMENTS.—(1) In the case of mining claims where
royalty payments are not received by the Secretary on the
date that such payments are due, the Secretary shall
charge interest on such under payments at the same inter-
est rate as is applicable under section 6621(a)(2) of the
Internal Revenue Code of 1986. In the case of an
underpayment, interest shall be computed and charged
only on the amount of the deficiency and not on the total
amount.
(2) If there is any underreporting of royalty owed on
production from a claim for any production month by any
person liable for royalty payments under this section, the
Secretary may assess a penalty of 10 percent of the
amount of that underreporting.
(3) If there is a substantial underreporting of royalty
owed on production from a claim for any production
month by any person responsible for paying the royalty,
342
the Secretary may assess a penalty of 10 percent of the
amount of that underreporting.
(4) For the purposes of this subsection, the term
‘‘substantial underreporting’’ means the difference be-
tween the royalty on the value of the production which
should have been reported and the royalty on the value
of the production which was reported, if the value which
should have been reported is greater than the value which
was reported. An underreporting constitutes a ‘‘substan-
tial underreporting’’ if such difference exceeds 10 percent
of the royalty on the value of production which should
have been reported.
(5) The Secretary shall not impose the assessment
provided in paragraphs (2) or (3) of this subsection if the
person liable for royalty payments under this section cor-
rects the underreporting before the date such person re-
ceives notice from the Secretary that an underreporting
may have occurred, or before 90 days after the date of
the enactment of this section, whichever is later.
(6) The Secretary shall waive any portion of an as-
sessment under paragraph (2) or (3) of this subsection
attributable to that portion of the underreporting for
which the person responsible for paying the royalty dem-
onstrates that—
343
(A) such person had written authorization from
the Secretary to report royalty on the value of the
production on basis on which it was reported,
(B) such person had substantial authority for
reporting royalty on the value of the production on
the basis on which it was reported,
(C) such person previously had notified the Sec-
retary, in such manner as the Secretary may by rule
prescribe, of relevant reasons or facts affecting the
royalty treatment of specific production which led to
the underreporting, or
(D) such person meets any other exception
which the Secretary may, by rule, establish.
(7) All penalties collected under this subsection shall
be deposited in the Treasury.
(h) EFFECTIVE DATE.—The royalty under this sec-
tion shall take effect with respect to the production of
locatable minerals after the enactment of this Act, but any
royalty payments attributable to production during the
first 12 calendar months after the enactment of this Act
shall be payable at the expiration of such 12-month period.
344
Subtitle D—Administrative Reform
SEC. 5301. REDUCTION IN OVERHEAD EXPENSES OF ENVI-
RONMENTAL PROTECTION AGENCY.
(a) IN GENERAL.—The amount obligated by the En-
vironmental Protection Agency during fiscal year 1996 for
overhead expenses shall not exceed an amount sufficient
to reduce outlays for such expenses during such fiscal year
(as compared to such outlays during fiscal year 1995) by
$151,000,000.
(b) OVERHEAD EXPENSES.—For purposes of this
section, the term ‘‘overhead expenses’’ means expenses
within the following object classifications established by
the Director of the Office of Management and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and mis-
cellaneous charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
345
Subtitle E—National Marine
Program Reforms
SEC. 5401. TERMINATION OF NATIONAL COASTAL ZONE
MANAGEMENT GRANTS AND NATIONAL SEA
GRANT COLLEGE PROGRAM GRANTS.
(a) TERMINATION OF GRANT AUTHORITY.—Notwith-
standing any other provision of law, no grant may be made
under—
(1) the Coastal Zone Management Act of 1972
(16 U.S.C. 1451 et seq.); or
(2) the National Sea Grant College Program
Act (33 U.S.C. 1121 et seq.).
(b) EXISTING
GRANT
AGREEMENTS
NOT
AF-
FECTED.—This section shall not affect any grant agree-
ment in effect before the date of the enactment of this
Act.
SEC. 5402. DISPOSAL OF NATIONAL OCEANIC AND ATMOS-
PHERIC ADMINISTRATION FLEET.
(a) DISPOSAL OF NOAA FLEET.—The Secretary of
Commerce—
(1) shall expeditiously dispose of all ownership
interest of the United States in all vessels in the Na-
tional Oceanic and Atmospheric Administration
fleet;
346
(2) may not acquire any ownership interest in
any vessel for use by the National Oceanic and
Atmospheric Administration;
(3) may obtain vessels for use by the National
Oceanic and Atmospheric Administration only by
charter of privately-owned vessels; and
(4) may obtain vessel operation services for the
National Oceanic and Atmospheric Administration
only under contracts with private-sector sources.
(b) EXISTING CONTRACTS NOT AFFECTED.—This
section shall not affect any contract in effect before the
date of the enactment of this Act.
SEC. 5403. RESCISSION OF FUNDS AVAILABLE FOR NA-
TIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION PROCUREMENT AND MODERNIZA-
TION.
Of the funds made available in appropriations Acts
for fiscal year 1995 for procurement and modernization
for the National Oceanic and Atmospheric Administration,
there are rescinded so much as exceed the amount avail-
able for those purposes for fiscal year 1994.
347
SEC. 5404. RESCISSION OF FUNDS AVAILABLE FOR NA-
TIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION CONSTRUCTION.
Of the funds made available in appropriations Acts
for fiscal year 1995 for construction for the National Oce-
anic and Atmospheric Administration, there are rescinded
so much as exceed the amount available for that purpose
for fiscal year 1994.
Subtitle F—Corps of Engineers
Reform
SEC. 5501. REORGANIZATION OF CORPS OF ENGINEERS.
The Secretary of the Army shall reorganize the Corps
of Engineers by reorganizing the headquarters offices, re-
ducing the number of division offices from 11 to not more
than 6, and restructuring the district functions so as to
increase the efficiency of the Corps of Engineers and re-
duce staff and costs, to achieve at least $50,000,000 in
net annual savings by fiscal year 1998.
SEC. 5502. OBLIGATION LIMITATION FOR CORPS OF ENGI-
NEERS CONSTRUCTION.
The total of obligations incurred in fiscal year 1996
for expenses of the Corps of Engineers described under
the heading ‘‘Construction, General’’ in title I of the En-
ergy and Water Development Appropriations Act, 1995
(Public Law 103–316; 108 Stat. 1709–1710) may not ex-
ceed $959,000,000.
348
SEC. 5503. OBLIGATION LIMITATION FOR CORPS OF ENGI-
NEERS OPERATION AND MAINTENANCE.
The total of obligations incurred in fiscal year 1996
for expenses of the Corps of Engineers described under
the heading ‘‘Operations and Maintenance, General’’ in
title I of the Energy and Water Development Appropria-
tions Act, 1995 (Public Law 103–316; 108 Stat. 1709–
1710) may not exceed $1,611,600,000.
SEC. 5504. OBLIGATION LIMITATION FOR CORPS OF ENGI-
NEERS GENERAL INVESTIGATIONS.
The total of obligations incurred in fiscal year 1996
for expenses of the Corps of Engineers described under
the heading ‘‘General Investigations’’ in title I of the En-
ergy and Water Development Appropriations Act, 1995
(Public Law 103–316; 108 Stat. 1707) may not exceed
$148,000,000.
TITLE VI—AGRICULTURE
Subtitle A—Agriculture Research
and Extension
SEC. 6001. CONSOLIDATION OF AGRICULTURAL RESEARCH
SERVICE, COOPERATIVE STATE RESEARCH
SERVICE, AND EXTENSION SERVICE.
(a) CONSOLIDATION REQUIRED.—The Secretary of
Agriculture shall consolidate the agricultural research
agencies of the Department of Agriculture specified in
subsection (b) for the purpose of reducing the number of
349
personnel in these agencies and eliminating duplicative
overhead expenses in these agencies. In accomplishing this
consolidation, the Secretary shall pursue the objective of
reducing the annual administrative expenses of the con-
solidated agricultural research agency by an amount equal
to at least 50 percent of the administrative expenses of
these agencies in fiscal year 1995.
(b) AGENCIES SUBJECT TO CONSOLIDATION.—Sub-
section (a) shall apply with respect to the Agricultural Re-
search Service, the Cooperative State Research Service,
and the Extension Service of the Department of Agri-
culture (including personnel and field, regional, and na-
tional offices of these agencies).
SEC. 6002. TERMINATION OF COOPERATIVE AGRICUL-
TURAL EXTENSION WORK IN DISTRICT OF
COLUMBIA.
(a) EXTENSION WORK TERMINATION.—Section 208
of the District of Columbia Public Postsecondary Edu-
cation Reorganization Act (Public Law 93–471; 88 Stat.
1428; Sec. 31–1518, D.C. Code) is amended by striking
subsections (c) and (d) relating to the authorization of ap-
propriations of funds for the provision of cooperative agri-
cultural extension work in District of Columbia.
(b) CONFORMING AMENDMENT.—Section 3 of the
Act of May 8, 1914 (commonly known as the Smith-Lever
350
Act; 7 U.S.C. 343), is amended by adding at the end the
following new subsection:
‘‘(g) The District of Columbia shall not be eligible
to receive any sums appropriated under this section.’’.
SEC. 6003. RURAL TECHNOLOGY GRANTS.
Section 310B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932) is amended by striking
subsections (f), (g), and (h) relating to the provision of
grants to nonprofit institutions for the purpose of enabling
such institutions to establish and operate centers for rural
technology or cooperative development.
SEC. 6004. CAP ON AUTHORIZATION OF APPROPRIATIONS
FOR AGRICULTURAL TELECOMMUNICATIONS
PROGRAM.
Section 1673(h) of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (7 U.S.C. 5926) is amended
by striking ‘‘$12,000,000’’ and inserting ‘‘$1,037,850’’.
SEC. 6005. CAP ON AUTHORIZATION OF APPROPRIATIONS
FOR RENEWABLE RESOURCES EXTENSION
PROGRAM.
Section 6 of the Renewable Resources Extension Act
of 1978 (16 U.S.C. 1675) is amended by striking the first
sentence and inserting the following: ‘‘There are author-
ized to be appropriated to implement this Act $2,839,850
for each of the fiscal years 1996 through 2000.’’.
351
Subtitle B—Agricultural Trade
SEC. 6101. REDUCTION OF SPENDING FOR EXPORT MAR-
KETING AND INTERNATIONAL ACTIVITIES.
Notwithstanding any other provision of law, the co-
operator market development program of the Foreign Ag-
ricultural Service shall be discontinued. The Secretary of
Agriculture may provide for the orderly phase out of this
program.
SEC. 6102. ELIMINATION OF EXPORT ENHANCEMENT PRO-
GRAM.
(a) REPEAL.—Title III of the Agricultural Trade Act
of 1978 (7 U.S.C. 5651 et seq.) is repealed.
(b) EFFECT
OF REPEAL
ON EXISTING AGREE-
MENTS.—The repeal by subsection (a) of the export en-
hancement program under title III of the Agricultural
Trade Act of 1978 shall not affect the validity or contin-
ued operation of an agreement entered into before the date
of the enactment of this Act under such title.
SEC. 6103. REDUCTION OF LOAN GUARANTEE PROGRAM.
Subparagraph (A) of section 211(b)(1) of The Agri-
cultural Trade Act of 1978 (7 U.S.C. 5641(b)(1)) is
amended to read as follows:
‘‘(A) MAXIMUM AMOUNTS.—The Com-
modity Credit Corporation shall make
available for each of the fiscal years 1994
352
through 
1995 
not 
more 
than
$3,600,000,000 in credit guarantees under
section 202(a).’’.
SEC. 6104. ELIMINATION OF MARKET PROMOTION PRO-
GRAM.
(a) REPEAL.—Section 203 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5623) is repealed.
(b) CONFORMING AMENDMENTS.—The Agricultural
Trade Act of 1978 is amended—
(1) in section 211 (7 U.S.C. 5641), by striking
subsection (c); and
(2) in section 402(a)(1) (7 U.S.C. 5662(a)(1)),
by striking ‘‘203,’’.
(c) EFFECT
OF REPEAL
ON EXISTING AGREE-
MENTS.—The repeal by subsection (a) of the market pro-
motion program established pursuant to section 203 of the
Agricultural Trade Act of 1978 shall not affect the validity
or continued operation of an agreement entered into be-
fore the date of the enactment of this Act to provide as-
sistance under such section.
353
Subtitle C—Department of
Agriculture Overhead Reduction
SEC. 6201. REDUCTION IN OVERHEAD EXPENSES OF DE-
PARTMENT OF AGRICULTURE.
(a) IN GENERAL.—The amount obligated by the De-
partment of Agriculture during fiscal year 1996 for over-
head expenses shall not exceed an amount sufficient to re-
duce outlays for such expenses during such fiscal year (as
compared to such outlays during fiscal year 1995) by
$400,000,000.
(b) OVERHEAD EXPENSES.—For purposes of this
section, the term ‘‘overhead expenses’’ means expenses
within the following object classifications established by
the Director of the Office of Management and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and mis-
cellaneous charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
354
Subtitle D—Loan Reform
SEC. 6301. TERMINATION OF GRANT PROGRAM TO ASSIST
STATE MEDIATION PROGRAMS.
(a) TERMINATION.—Subtitle A of title V of the Agri-
cultural Credit Act of 1987 (7 U.S.C. 5101–5106) relating
to matching grants for State mediation programs is re-
pealed.
(b) EFFECT
OF TERMINATION.—The amendment
made by subsection (a) shall not affect any grant made
under section 502 of the Agricultural Credit Act of 1987
(7 U.S.C. 5102) before the date of the enactment of this
Act, or any conditions or requirements in connection with
the use of such a grant imposed before such date.
(c) CONFORMING AMENDMENT.—The table of con-
tents in section 1(b) of the Agricultural Credit Act of 1987
(Public Law 100–233; 101 Stat. 1568) is amended by
striking the items related to subtitle A of title V of such
Act.
355
Subtitle F—Crop Commodity
Reform
SEC. 6401. ELIMINATION OF PRICE SUPPORT PROGRAMS
FOR AGRICULTURAL COMMODITIES AND RE-
LATED MARKETING QUOTAS.
(a) ELIMINATION OF PRICE SUPPORT PROGRAMS.—
(1) Except as provided in paragraph (2), the Agricultural
Act of 1949 (7 U.S.C. 1421 et seq.) is repealed.
(2) Paragraph (1) shall not apply to the following
sections of the Agricultural Act of 1949:
(A) The first section (7 U.S.C. 1421 note), con-
taining the short title of the Act.
(B) Section 204 (7 U.S.C. 1446e), relating to
the milk price support program.
(C) Section 404 (7 U.S.C. 1424), relating to
utilization of services and facilities of Commodity
Credit Corporation.
(D) Section 405 (7 U.S.C. 1425), relating to
personal liability of producers for deficiencies.
(E) Section 407 (7 U.S.C. 1427), relating to
Commodity Credit Corporation sales price restric-
tions.
(F) Section 407A (7 U.S.C. 1427–1), relating
to quality requirements for Commodity Credit Cor-
poration owned grain.
356
(G) Section 412 (7 U.S.C. 1429), relating to
determinations by the Secretary of Agriculture.
(H) Section 421 (7 U.S.C. 1431), relating to
penalties for misuse of feed intended to relieve dis-
tress or preserve foundation herds.
(I) Section 422 (7 U.S.C. 1431a), relating to
forgiveness of violations.
(J) Title VI (7 U.S.C. 1471–1471j), relating to
emergency livestock feed assistance.
(b) ELIMINATION OF MARKETING QUOTAS.—(1) Ex-
cept as provided in paragraph (2), title III of the Agricul-
tural Adjustment Act of 1938 (7 U.S.C. 1301 et seq.) is
repealed.
(2) Paragraph (1) shall not apply to subtitle F of
such title relating to miscellaneous provisions and author-
ization of appropriations.
(c) CONFORMING AMENDMENTS REGARDING OTHER
COMMODITIES.—(1) Subtitle E of title XI of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public
Law 101–624; 7 U.S.C. 1421 note), relating to an options
pilot program, is repealed.
(2) Section 403 of the Food Security Act of 1985
(7 U.S.C. 1444e–1), relating to price support for corn si-
lage, is repealed.
357
(d) SAVINGS PROVISION.—A repeal made by this sec-
tion shall not affect the liability of any person under any
provision of law as in effect before the date of the enact-
ment of this Act.
SEC. 6402. ELIMINATING FEDERAL SUPPORT FOR HONEY.
(a) IN GENERAL.—Subsection (a) of section 207 of
the Agricultural Act of 1949 (7 U.S.C. 1446h) is amended
to read as follows:
‘‘(a) PRICE SUPPORT.—
‘‘(1) IN
GENERAL.—For each of the 1991
through 1995 crops of honey, the price of honey
shall be supported through loans, purchases, or
other operations, except that for the 1995 crops, the
price of honey shall be supported through recourse
loans.
‘‘(2) RATE OF SUPPORT FOR CROP YEARS BE-
FORE 1994.—For the 1991 through 1993 crop years,
the rate of support shall be not less than 53.8 cents
per pound.
‘‘(3) RATE
OF
SUPPORT
FOR
CROP
YEARS
AFTER 1994.—For the 1995 crop year, the Secretary
shall provide recourse loans to producers at such a
rate that minimizes costs and forfeitures, except that
such rate shall not be less than 44 cents a pound.
Section 407 of this Act shall not apply to honey for-
358
feited to the Commodity Credit Corporation under
loans made under this paragraph.
‘‘(4) EFFECT OF FAILURE TO REPAY.—A pro-
ducer who fails to repay a loan made under para-
graph (3) by the end of the crop year following the
crop year for which such loan was made shall be in-
eligible for a loan under this section for subsequent
crop years, except that the Secretary may waive this
provision in any case where in which the Secretary
determines that the failure to repay the loan was
due to hardship conditions or circumstances beyond
the control of the producer.’’.
(b) MARKETING LOAN PROVISIONS.—Subsection (b)
of such section is amended by striking ‘‘for a crop’’ and
inserting ‘‘for the 1991 through 1993 crops’’.
(c) LOAN DEFICIENCY PAYMENTS.—Subsection (c)
of such section is amended by striking ‘‘1998’’ and insert-
ing ‘‘1994’’.
(d) PAYMENT LIMITATIONS.—Subsection (e) of such
section is amended—
(1) by striking subparagraphs (E) through (G);
(2) by inserting ‘‘and’’ after the semicolon at
the end of subparagraph (C); and
(3) by striking the semicolon at the end of sub-
paragraph (D) and inserting a period.
359
(e) TERMINATION.—Subsection (j) of such section is
amended by striking ‘‘1998’’ and inserting ‘‘1995’’.
(f) CONFORMING AMENDMENTS.—(1) Section 405(a)
of the Agricultural Act of 1949 (7 U.S.C. 1425(a)) is
amended by striking in the first sentence ‘‘section 405A’’
and inserting ‘‘sections 207 and 405A’’.
(2) Section 405A(a) of the Agricultural Act of 1949
(7 U.S.C. 1425a(a)) is amended by striking ‘‘in each of
the 1994’’ and all that follows and inserting ‘‘in the 1994
crop year.’’.
(g) TRANSITION.—A provision of this section shall
not affect the liability of any person under any provision
of law as in effect before the date of the enactment of
this Act.
TITLE VII—COMMERCE AND
HOUSING CREDIT
Subtitle A—Small Business
Administration Reform
CHAPTER 1—REORGANIZATION OF SMALL
BUSINESS FUNCTIONS
SEC. 7001. TERMINATION OF SMALL BUSINESS ADMINIS-
TRATION.
The Small Business Administration shall terminate
on December 31, 1995.
360
SEC. 7002. ESTABLISHMENT OF OFFICE OF SMALL BUSI-
NESS ADVOCACY IN EXECUTIVE OFFICE OF
THE PRESIDENT.
(a) ESTABLISHMENT.—There is established in the
Executive Office of the President an Office of Small Busi-
ness Advocacy.
(b) DIRECTOR.—The Office shall be headed by a Di-
rector who shall be appointed by the President, by and
with the advice and consent of the Senate, and who shall
be compensated at the rate provided for level IV of the
Executive Schedule in section 5315 of title 5, United
States Code.
(c) FUNCTIONS OF THE DIRECTOR.—The Director is
authorized to carry out any of the functions assigned to
the Chief Counsel of Advocacy of the Small Business Ad-
ministration under the Small Business Act, as in effect
on the day before the effective date of this subtitle.
SEC. 7003. CONFORMING AMENDMENTS TO TITLE 5, UNITED
STATES CODE.
(a) SECTION 5314.—Section 5314 of title 5, United
States Code, is amended by striking ‘‘Administrator of the
Small Business Administration.’’.
(b) SECTION 5315.—Section 5315 of title 5, United
States Code, is amended—
(1) by striking ‘‘Deputy Administrator of the
Small Business Administration.’’;
361
(2) by striking ‘‘Chief Counsel for Advocacy,
Small Business Administration.’’ and inserting ‘‘Di-
rector of the Office of Small Business Advocacy.’’;
and
(3) by striking ‘‘Inspector General, Small Busi-
ness Administration.’’.
(c) SECTION 5316.—Section 5316 of title 5, United
States Code, is amended by striking ‘‘Associate Adminis-
trators of the Small Business Administration (4).’’.
CHAPTER 2—REPEALS
SEC. 7010. REPEAL OF SMALL BUSINESS ACT AND SMALL
BUSINESS INVESTMENT ACT OF 1958.
Except as otherwise provided by this subtitle, the
Small Business Act and the Small Business Investment
Act of 1958 are repealed effective September 30, 1995.
SEC. 7011. CONTINUED EFFECTIVENESS OF CERTAIN FUNC-
TIONS.
Notwithstanding section 7010 of this Act, the follow-
ing provisions of the Small Business Act shall remain in
effect after September 30, 1995:
(1) Section 3(a) (relating to the definition of
‘‘small business concern’’).
(2) Section 4(b)(2) (relating to maintenance of
a small business economic database).
362
(3) Section 15 (relating to the award of Federal
contracts to small business concerns).
SEC. 7012. CONTINUED APPLICABILITY OF CERTAIN PROVI-
SIONS.
Notwithstanding section 7010 of this Act, the follow-
ing provisions of the Small Business Act shall remain in
effect after September 30, 1995, insofar as such provi-
sions apply to the functions referred to in section 7011
of this Act:
(1) Section 5(b) (relating to general authorities
to carry out functions).
(2) Section 16 (relating to penalties for prohib-
ited acts).
CHAPTER 3—TRANSFERS
SEC. 7020. SIZE STANDARDS FOR SMALL BUSINESS CON-
CERNS; GOVERNMENT PROCUREMENT PRO-
GRAMS.
There are transferred to the Director of the Office
of Management of Budget all of the functions, powers, and
duties vested in or delegated to the Administrator of the
Small Business Administration under sections 3(a) and 15
of the Small Business Act.
363
SEC. 7021. MAINTENANCE OF NATIONAL SMALL BUSINESS
ECONOMIC INDICES.
There are transferred to the Director of the Office
of Small Business Advocacy all of the functions, powers,
and duties vested in or delegated to the Administrator of
the Small Business Administration under section 4(b)(2)
of the Small Business Act.
SEC. 7022. TRANSFER OF FINANCIAL OBLIGATIONS OWNED
BY SMALL BUSINESS ADMINISTRATION.
(a) TRANSFERS
TO SECRETARY
OF
THE TREAS-
URY.—There are transferred to the Secretary of the
Treasury the loans, notes, bonds, debentures, securities,
and other financial obligations owned by the Small Busi-
ness Administration, together with all assets or other
rights (including security interests) incident thereto, and
all liabilities related thereto, and there are assigned to the
Secretary the functions, powers, and abilities vested in or
delegated to the Small Business Administration to man-
age, service, collect, sell, dispose of, or otherwise realize
proceeds on obligations owed to the Small Business Ad-
ministration under authority of the Small Business Act
and the Small Business Investment Act of 1958 (including
those assets purchased from the Federal Financing Bank
pursuant to subsection (e) of this section).
(b) LEGAL RIGHTS, OBLIGATIONS, RESPONSIBIL-
ITIES, AND LIABILITIES.—The Secretary of the Treasury
364
shall succeed to all rights and obligations of the Small
Business Administration with respect to any and all legal
rights, obligations, responsibilities, and liabilities arising
out of the obligations described in subsections (a) and (e)
of this section, including any outstanding guarantee of the
Small Business Administration and any of its defenses
against a claim under such guarantee, and shall have the
same legal rights, obligations, responsibilities, and liabil-
ities as the Small Business Administration had with re-
spect to such obligations, and the regulation of brokers
and dealers in such obligations.
(c) DEPOSIT OF AMOUNTS RECEIVED FROM TRANS-
FERRED ASSETS.—All amounts received by the Secretary
of the Treasury with respect to any asset transferred to
the Secretary pursuant to subsections (a) or (e) of this
section shall be deposited in the Treasury as miscellaneous
receipts.
(d) DISPOSITION OF ASSETS.—
(1) IN GENERAL.—The Secretary of the Treas-
ury is authorized to dispose of any loan, debenture,
or other asset acquired by the Secretary pursuant to
subsections (a) and (e) of this section (including ob-
ligations formerly guaranteed pursuant to the Small
Business Act or the Small Business Investment Act
of 1958 that will be or have been acquired by the
365
Secretary) in the way, in amounts, at prices (for
cash, obligations, property, or combination of cash,
obligations or property), and on such conditions as
the Secretary considers advisable and in the public
interest.
(2) LIMITATION ON APPLICABILITY OF CERTAIN
LAWS.—Any disposition by the Secretary of the
Treasury of a financial asset acquired by the Sec-
retary under this subsection, including a disposition
through sale of the Federal Government’s interest in
an asset or in a pool of assets, shall not be subject
to the provisions of the Federal Property and Ad-
ministrative Services Act of 1949 or the provisions
of any Federal or State securities law.
(3) PROHIBITION ON GUARANTEES.—Any dis-
position of an asset under this subsection shall be
without any guarantee of the United States or any
agency or instrumentality thereof.
(4) TRANSFER
OF
INFORMATION.—Notwith-
standing any other provision of law, including the
Privacy Act of 1974, the Secretary may transfer to
a prospective purchaser or transferee of an asset
under this subsection such information as may be in-
cident to the disposition of the asset.
366
(5) LIMITATION ON APPLICABILITY OF CERTAIN
FILING
REQUIREMENTS.—Notwithstanding 
any
State or local law or regulation to the contrary, no
filing or other action shall be required in order to
continue the perfected status of any security interest
transferred to the Secretary of the Treasury which
was held, on the day before the effective date of this
Act, by the Small Business Administration or any
representative, transferee, or assignee thereof.
(6) CONTINUED
APPLICABILITY
OF
CERTAIN
LAWS.—Sections 5(b) and (e), 7(c)(1) and (2), 16,
and 17 of the Small Business Act shall remain in ef-
fect with respect to the assets and guarantees trans-
ferred to the Secretary of the Treasury by this sub-
title as long as the Secretary shall retain any such
asset or guarantee.
(e) OBLIGATIONS HELD BY FEDERAL FINANCING
BANK.—The Secretary of the Treasury is authorized and
directed, subject to funds being specifically appropriated
for such purpose, to purchase from the Federal Financing
Bank all notes, bonds, debentures, or other obligations
held by the Federal Financing Bank that were, on the day
before the effective date of this subtitle, guaranteed or
otherwise backed by the Small Business Administration.
Such purchases are to be made at prices determined by
367
the Federal Financing Bank as if the obligations were
repurchased by the respective obligors consistent with the
terms of such obligations or such other agreements be-
tween the Small Business Administration and the Federal
Financing Bank as are in effect on the day before the ef-
fective date of this subtitle.
(f) REGULATORY AUTHORITIES.—There are trans-
ferred to the Secretary of the Treasury the regulatory au-
thorities with respect to small business investment compa-
nies and minority enterprise small business investment
companies conferred by the Small Business Investment
Act of 1958; except that such regulatory authorities shall
expire on—
(1) for each loan, debenture, or equity security
purchased or guaranteed by the Small Business Ad-
ministration, the date such loan or debenture is dis-
posed of by the Department of the Treasury; or
(2) for each small business investment company
or minority enterprise small business investment
company whose loans, debentures, or equity securi-
ties were purchased or guaranteed by the Small
Business Administration, the date on which the last
such loan, debenture or equity security of such com-
pany is disposed of by the Secretary of the Treasury.
368
CHAPTER 4—GENERAL ADMINISTRATIVE
PROVISIONS
SEC. 7030. TRANSFER OF AUTHORITIES.
To the extent necessary or appropriate, and consist-
ent with the provisions of this subtitle, in order to perform
a function transferred by this subtitle, the head of a de-
partment or agency may exercise any authority or part
thereof which was provided by law to the Small Business
Administration or the Administrator of the Small Busi-
ness Administration.
SEC. 7031. ORGANIZATIONAL ENTITIES AND OFFICES.
(a) IN GENERAL.—The head of a department or
agency is authorized to locate among the officers of the
department or agency the functions transferred by this
subtitle to the department or agency, and to establish,
consolidate, alter, or discontinue such organizational enti-
ties or offices within the department or agency as may
be necessary or appropriate.
(b) TREATMENT DURING TRANSITION.—In accord-
ance with section 7040 of this Act, and regulations issued
thereunder, and until such time as the consolidation and
termination of the transferred functions is completed, the
head of a department or agency shall treat the organiza-
tional entities and functions transferred by this subtitle
369
to their respective departments, as if they remained a part
of the Small Business Administration.
SEC. 7032. DELEGATION OF FUNCTIONS.
Except where otherwise expressly provided for by law,
the head of a department or agency may delegate any of
the functions now vested in a position transferred pursu-
ant to this subtitle that relate to such a position to any
of the officers and employees of the department or agency,
and may authorize successive redelegation of those func-
tions, as appropriate.
SEC. 7033. RULES AND REGULATIONS.
The head of a department or agency is authorized
to issue such rules and regulations as may be necessary
or appropriate to carry out the functions, powers, and du-
ties vested or transferred by this subtitle.
SEC. 7034. TRANSFER OF FUND ACCOUNTS.
Any appropriations or fund accounts established to
carry out the purposes of this subtitle shall be deemed to
be successor accounts to those that existed in the Small
Business Administration prior to the date of the enact-
ment of this subtitle, and the balances of those prior ac-
counts may be transferred and merged with any of the
successor accounts so established.
370
CHAPTER 5—TRANSITIONAL, SAVINGS,
AND CONFORMING PROVISIONS
SEC. 7040. TRANSFERS.
So much of the personnel (including Senior Executive
Service and GS–16, GS–17, and GS–18 positions), posi-
tions, assets, liabilities, contracts, property, records, and
unexpended balance of appropriations, authorizations, al-
locations, and other funds employed, held, used, arising
from, available to or to be made available in connection
with any functions or authority transferred by this sub-
title, are transferred to the head of the appropriate agen-
cy, except that no such unexpended balances transferred
shall be used for purposes other than those for which the
appropriation was originally made.
SEC. 7041. DIRECTOR OF OFFICE OF MANAGEMENT AND
BUDGET.
The Director of the Office of Management and Budg-
et, in consultation with the Administrator of the Small
Business Administration, the Secretary of the Treasury,
and other officials as appropriate, shall make such deter-
minations as may be necessary with regard to the func-
tions transferred by this subtitle, assets, liabilities, con-
tracts, property, records, and unexpended balances of ap-
propriations, authorizations, allocations, and other funds
held, used, arising from, available to or to be made avail-
371
able in connection with the functions transferred by this
subtitle, that the Director considers necessary to accom-
plish the purposes of this subtitle.
SEC. 7042. SAVINGS PROVISIONS.
(a) EXISTING
RULES, REGULATIONS, AND
OR-
DERS.—All orders, determinations, rules, regulations, per-
mits, contracts, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, any Fed-
eral department or agency, or official thereof, or by
a court of competent jurisdiction, in the performance
of functions which are transferred by this subtitle;
and
(2) that are in effect on September 30, 1995,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the head of the de-
partment or agency to which such function is trans-
ferred, or other authorized officials, a court of com-
petent jurisdiction, or by operation of law.
(b) ADMINISTRATIVE PROCEEDINGS.—
(1) PENDING PROCEEDINGS NOT AFFECTED.—
The provisions of this subtitle shall not affect any
proceedings or any application for any license, per-
mit, certificate, or financial assistance pending on
372
the effective date of this subtitle; but such proceed-
ings and applications, to the extent that they relate
to functions so transferred, shall be continued.
(2) EFFECT OF ORDERS.—Orders shall be is-
sued in such a proceeding, appeals shall be taken
therefrom, and payments shall be made under such
orders, as if this subtitle had not been enacted, and
orders issued in such a proceeding shall continue in
effect until modified, terminated, superseded, or re-
voked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Noth-
ing in this subsection prohibits the discontinuance or
modification of such a proceeding under the same
terms and conditions and to the same extent that
such a proceeding could have been discontinued or
modified if this subtitle had not been enacted.
(3) ISSUANCE OF REGULATIONS PROVIDING FOR
TRANSFER.—The head of a department or agency
may issue regulations providing for the orderly
transfer of such a proceeding to the department or
agency.
(c) PENDING JUDICIAL PROCEEDINGS.—Except as
provided in subsection (e) of this section—
373
(1) the provisions of this subtitle do not affect
a suit commenced before this subtitle takes effect;
and
(2) in such a suit, proceedings shall be had, ap-
peals taken, and judgments rendered in the same
manner and effect as if this Act had not been en-
acted.
(d) CAUSES OF ACTION.—No suit, action, or other
proceeding commenced by or against any officer in the of-
ficer’s official capacity as an officer of any department or
agency, functions of which are transferred by this subtitle,
shall abate by reason of the enactment of this subtitle.
No cause of action by or against any department or agen-
cy, functions of which are transferred by this subtitle, or
by or against any officer thereof in the officer’s official
capacity shall abate by reason of the enactment of this
subtitle. The authority to impose sanctions and grant
waivers with respect to conflicts of interest occurring be-
fore the effective date of this subtitle, and the requirement
to maintain records relating to the consideration of con-
flicts of interest before the effective date of this subtitle,
do not abate by reason of the enactment of this subtitle.
(e) PARTIES TO A SUIT.—If, before the date on which
this subtitle takes effect, any department or agency, or
any officer thereof in the officer’s official capacity, is a
374
party to a suit, and under this subtitle any function of
that department, agency, or officer is transferred to the
head of a department or agency, then the suit shall be
continued with the head of the department or agency sub-
stituted.
SEC. 7043. COORDINATION OF TRANSFER ACTIVITIES.
(a) PLANNING.—The Administrator of the Small
Business Administration, the Secretary of the Treasury,
and other officials as appropriate shall, beginning as soon
as practicable after the date of the enactment of this sub-
title, plan for the orderly transfer of functions and person-
nel pursuant to this subtitle.
(b) USE OF PERSONNEL.—With the consent of the
Administrator of the Small Business Administration, the
head of each agency to which functions are transferred
by this subtitle is authorized to use the services of such
officers, employees, and other personnel of the Small Busi-
ness Administration for such period of time as may rea-
sonably be needed to facilitate the orderly transfer of func-
tions pursuant to this subtitle.
SEC. 7044. REFERENCES.
With respect to any functions transferred by this sub-
title and exercised after the effective date of this subtitle,
reference in any other Federal law to any department,
commission, or agency or any officer or office the func-
375
tions of which are so transferred shall be considered to
refer to the official to whom they were transferred.
SEC. 7045. TRANSITIONAL PERIOD.
During the period from September 30, 1995, until
December 31, 1995, the Small Business Administration
shall remain in existence, and there is authorized to be
appropriated such sums as may be necessary for the pur-
poses of winding up its affairs and advising the Secretary
of the Treasury and other appropriate officials, insofar as
they may request, in the exercise of the functions trans-
ferred by this subtitle. During this transitional period, the
Small Business Administration may not engage in any
program activities, either with respect to those functions
that are transferred to other agencies or those that are
terminated.
SEC. 7046. EFFECTIVE DATE.
(a) IN GENERAL.—Unless otherwise indicated, the
provisions of this subtitle shall take effect on September
30, 1995.
(b) EXCEPTIONS.—Notwithstanding subsection (a) of
this section, at any time after the date of the enactment
of this subtitle—
(1) the officers provided for in section 7002 of
this Act may be nominated and appointed, as pro-
vided in such section; and
376
(2) the head of a department or agency to
whom functions are transferred under this subtitle
may issue regulations under section 7033 of this
Act.
(c) TERMINATION OF PRESIDENTIAL APPOINTEES.—
The positions of officers in the Small Business Adminis-
tration who were appointed by the President, by and with
the advice and consent of the Senate, shall terminate on
October 31, 1995.
(d) TEMPORARY APPOINTMENTS.—If any officer re-
quired by this subtitle to be appointed by and with the
advice and consent of the Senate has not entered office
on the effective date of this subtitle, the President may
designate any officer whose appointment was required to
be made by and with the advice and consent of the Senate,
and who was such an officer immediately before the effec-
tive date of this subtitle, to act in the office until it is
filled as provided in this subtitle. While so acting, such
an officer shall be compensated at the rate prescribed by
this subtitle for the office in which the officer acts.
377
Subtitle B—Housing Credit Reform
SEC. 7101. ELIMINATION OF FMHA DIRECT LOANS FOR SIN-
GLE FAMILY HOMES.
Section 502(a) of the Housing Act of 1949 (42
U.S.C. 1472(a)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(4) Notwithstanding any other provision of this title,
the Secretary may not make any direct loan under this
section after September 30, 1995.’’.
SEC. 7102. INCREASED FEES FOR FMHA SINGLE FAMILY
HOUSING LOAN GUARANTEES.
Section 502(h)(7) of the Housing Act of 1949 (42
U.S.C. 1472(h)) is amended by striking ‘‘1 percent’’ and
inserting ‘‘2 percent’’.
SEC. 7103. DELEGATION OF SINGLE FAMILY MORTGAGE IN-
SURING AUTHORITY TO MORTGAGEES AND
SECONDARY MARKET ENTITIES.
Title II of the National Housing Act (12 U.S.C. 1707
et seq.), is amended by adding at the end the following
new section:
‘‘DELEGATION OF INSURING AUTHORITY
‘‘SEC. 256. (a) AUTHORITY.—Notwithstanding any
other provision of this title, the function of approving for
insurance mortgages that involve property upon which
there is located a dwelling designed principally for occu-
378
pancy by 1 to 4 families shall be carried out only by quali-
fied mortgagees and, to the extent that the Secretary en-
ters into an agreement with the Federal National Mort-
gage Association or the Federal Home Loan Mortgage
Corporation to carry out such function, by such Associa-
tion or Corporation. The Secretary may not carry out the
function of approving such mortgages for insurance.
‘‘(b) QUALIFIED MORTGAGEE.—For purposes of this
section, the term ‘qualified mortgagee’ means a mortgagee
approved by the Secretary pursuant to this section as hav-
ing the capability to carry out the function of insuring
mortgages. In making such determination, the Secretary
may consider the experience of the mortgagee, the past
performance of the mortgagee, including the performance
of the mortgagee under the direct endorsement program,
the default rate of insured mortgages originated by the
mortgagee compared to the default rate of all insured
mortgages in comparable markets, and such other factors
as the Secretary determines appropriate to minimize risk
of loss to the insurance funds under this Act.
‘‘(c) ENFORCEMENT
OF
INSURANCE
REQUIRE-
MENTS.—
‘‘(1) IN GENERAL.—If the Secretary determines
that a mortgage insured by a qualified mortgagee
pursuant to this section was not originated in ac-
379
cordance with the requirements of this title and such
other requirements as may be established by the
Secretary to carry out this section, and the Sec-
retary pays an insurance claim with respect to the
mortgage within a reasonable period specified by the
Secretary, the Secretary may require the qualified
mortgagee approved under this section to indemnify
the Secretary for the loss.
‘‘(2) 
FRAUD
OR
MISREPRESENTATION.—If
fraud or misrepresentation was involved in connec-
tion with the origination of a mortgage referred to
in paragraph (1), the Secretary may require the
qualified mortgagee to indemnify the Secretary for
the loss regardless of when an insurance claim is
paid.
‘‘(d) TERMINATION OF MORTGAGEE’S AUTHORITY.—
If a qualified mortgagee violates the requirements and
procedures established by the Secretary pursuant to this
section or the Secretary determines that other good cause
exists, the Secretary may terminate the mortgagee’s status
as a qualified mortgagee by providing notice of the termi-
nation to the mortgagee. Such a termination shall be effec-
tive upon receipt of the notice by the mortgagee or at a
later date specified in the notice by the Secretary. A deci-
sion by the Secretary to terminate a mortgagee’s status
380
as a qualified mortgagee shall be final and conclusive and
shall not be subject to judicial review.
‘‘(e) REQUIREMENTS AND PROCEDURES.—The Sec-
retary shall issue regulations establishing appropriate re-
quirements and procedures to carry out this section, in-
cluding requirements and procedures governing the indem-
nification of the Secretary by qualified mortgagees.’’.
Subtitle C—Abolition of Depart-
ment of Commerce and Disposi-
tion of Particular Programs,
Functions, and Agencies
CHAPTER 1—ABOLITION OF DEPARTMENT
OF COMMERCE
SEC. 7201. REESTABLISHMENT OF DEPARTMENT AS COM-
MERCE PROGRAMS RESOLUTION AGENCY.
(a) REESTABLISHMENT.—The Department of Com-
merce is hereby redesignated as the Commerce Programs
Resolution Agency, which shall be an independent agency
in the executive branch of the Government.
(b) ADMINISTRATOR.—
(1) IN GENERAL.—There shall be at the head
of the Agency an Administrator of the Agency, who
shall be appointed by the President, by and with the
advice and consent of the Senate. The Agency shall
be administered under the supervision and direction
381
of the Administrator. The Administrator shall re-
ceive compensation at the rate prescribed for level II
of the Executive Schedule under section 5313 of title
5, United States Code.
(2) 
INITIAL
APPOINTMENT
OF
ADMINIS-
TRATOR.—Notwithstanding any other provision of
this chapter or any other law, the President may, at
any time after the date of the enactment of this Act,
appoint an individual to serve as Administrator of
the Commerce Programs Resolution Agency (who
may be the Secretary of Commerce), as such posi-
tion is established under paragraph (1). An appoint-
ment under this paragraph may not be construed to
affect the position of Secretary of Commerce or the
authority of the Secretary before the effective date
specified in section 7209(a).
(c) DUTIES.—The Administrator shall be responsible
for—
(1) the administration and wind-up, during the
wind-up period, of all functions of the Administrator
pursuant to section 7202 and the other provisions of
this title;
(2) the administration and wind-up, during the
wind-up period, of any outstanding obligations of the
382
Federal Government under any programs terminated
or repealed by this title; and
(3) taking such other actions as may be nec-
essary, before the termination date specified in sec-
tion 7106(d), to wind up any outstanding affairs of
the Department of Commerce.
SEC. 7202. FUNCTIONS.
Except to the extent a function is abolished or vested
in another official or agency by this title, the Adminis-
trator shall perform all functions that, immediately before
the effective date specified in section 7109(a), were func-
tions of the Department of Commerce (or any office of
the Department) or were authorized to be performed by
the Secretary of Commerce or any other officer or em-
ployee of the Department in the capacity as such officer
or employee.
SEC. 7203. DEPUTY ADMINISTRATOR.
The Agency shall have a Deputy Administrator, who
shall—
(1) be appointed by and report to the Adminis-
trator; and
(2) shall perform such functions as may be del-
egated by the Administrator.
384
(2) who serves under subsection (b),
after the effective date specified in section 7109(a) and
before the first appointment of a person as Administrator
shall continue to be compensated for so serving at the rate
at which such person was compensated before such effec-
tive date.
SEC. 7205. REORGANIZATION.
The Administrator may allocate or reallocate any
function of the Agency pursuant to this title among the
officers of the Agency, and may establish, consolidate,
alter, or discontinue in the Commerce Programs Resolu-
tion Agency any organizational entities that were entities
of the Department of Commerce, as the Administrator
considers necessary or appropriate.
SEC. 7206. ABOLISHMENT OF COMMERCE PROGRAMS RESO-
LUTION AGENCY.
(a) IN GENERAL.—Effective on the termination date
specified in subsection (d), the Commerce Programs Reso-
lution Agency is abolished.
(b) ABOLITION OF FUNCTIONS.—Except for func-
tions transferred or otherwise continued by this title, all
functions that, immediately before the termination date
specified in subsection (d), were functions of the Com-
merce Programs Resolution Agency are abolished effective
on that termination date.
385
(c) PLAN FOR WINDING UP AFFAIRS.—Not later
than the effective date specified in section 7109(a), the
President shall submit to the Congress a plan for winding
up the affairs of the Agency in accordance with this title
and by not later than the termination date specified in
subsection (d).
(d) TERMINATION DATE.—The termination date
under this subsection is the date that is 3 years after the
date of the enactment of this Act.
SEC. 7207. GAO REPORT.
Not later than 180 days after the date of enactment
of this Act, the Comptroller General of the United States
shall submit to the Congress a report which shall include
recommendations for the most efficient means of achiev-
ing, in accordance with this title—
(1) the complete abolishment of the Depart-
ment of Commerce; and
(2) the termination or transfer or other con-
tinuation of the functions of the Department of
Commerce.
SEC. 7208. CONFORMING AMENDMENTS.
(a) PRESIDENTIAL SUCCESSION.—Section 19(d)(1)
of title 3, United States Code, is amended by striking
‘‘Secretary of Commerce,’’.
386
(b) EXECUTIVE DEPARTMENTS.—Section 101 of title
5, United States Code, is amended by striking the follow-
ing item:
‘‘The Department of Commerce.’’.
(c) SECRETARY’S COMPENSATION.—Section 5312 of
title 5, United States Code, is amended by striking the
following item:
‘‘Secretary of Commerce.’’.
(d) COMPENSATION FOR POSITIONS AT LEVEL III.—
Section 5314 of title 5, United States Code, is amended—
(1) by striking the following item:
‘‘Under Secretary of Commerce, Under Sec-
retary of Commerce for Economic Affairs, Under
Secretary of Commerce for Export Administration
and Under Secretary of Commerce for Travel and
Tourism.’’;
(2) by striking the following item:
‘‘Under Secretary of Commerce for Oceans and
Atmosphere, the incumbent of which also serves as
Administrator of the National Oceanic and Atmos-
pheric Administration.’’; and
(3) by striking the following item:
‘‘Under Secretary of Commerce for Tech-
nology.’’.
387
(e) COMPENSATION FOR POSITIONS AT LEVEL IV.—
Section 5315 of title 5, United States Code, is amended—
(1) by striking the following items:
‘‘Assistant Secretaries of Commerce (11).’’;
(2) by striking the following item:
‘‘General Counsel of the Department of Com-
merce.’’;
(3) by striking the following item:
‘‘Associate Secretary of Commerce for Oceans
and Atmosphere, the incumbent of which also serves
as Deputy Administrator of the National Oceanic
and Atmospheric Administration.’’;
(4) by striking the following item:
‘‘Director, National Institute of Standards and
Technology, Department of Commerce.’’;
(5) by striking the following item:
‘‘Inspector 
General, 
Department 
of 
Com-
merce.’’;
(6) by striking the following item:
‘‘Chief Financial Officer, Department of Com-
merce.’’; and
(7) by striking the following item:
‘‘Director, Bureau of the Census, Department
of Commerce.’’.
388
(f) COMPENSATION FOR POSITIONS AT LEVEL V.—
Section 5316 of title 5, United States Code, is amended—
(1) by striking the following item:
‘‘Director, United States Travel Service, De-
partment of Commerce.’’; and
(2) by striking the following item:
‘‘National Export Expansion Coordinator, De-
partment of Commerce.’’.
(g) INSPECTOR GENERAL ACT OF 1978.—The In-
spector General Act of 1978 (5 U.S.C. App.) is amend-
ed—
(1) in section 9(a)(1), by striking subparagraph
(B);
(2) in section 11(1), by striking ‘‘Commerce,’’;
and
(3) in section 11(2), by striking ‘‘Commerce,’’;
SEC. 7209. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this chapter shall take effect on the date that is 6
months after the date of the enactment of this Act.
(b) PROVISIONS EFFECTIVE ON DATE OF ENACT-
MENT.—The following provisions of this chapter shall take
effect on the date of the enactment of this Act:
(1) Section 7231(b).
(2) Section 7236(c).
389
(3) Section 7237.
CHAPTER 2—DISPOSITION OF PARTICU-
LAR 
PROGRAMS, 
FUNCTIONS, 
AND
AGENCIES OF DEPARTMENT OF COM-
MERCE
SEC. 7231. ECONOMIC DEVELOPMENT.
(a) TERMINATED FUNCTIONS.—The Public Works
and Economic Development Act of 1965 (42 U.S.C. 3121
et seq.) is repealed.
(b) TRANSFER OF FINANCIAL OBLIGATIONS OWED
TO THE DEPARTMENT.—There are transferred to the Sec-
retary of the Treasury the loans, notes, bonds, debentures,
securities, and other financial obligations owned by the
Department of Commerce under the Public Works and
Economic Development Act of 1965, together with all as-
sets or other rights (including security interests) incident
thereto, and all liabilities related thereto. There are as-
signed to the Secretary of the Treasury the functions,
powers, and abilities vested in or delegated to the Sec-
retary of Commerce or the Department of Commerce to
manage, service, collect, sell, dispose of, or otherwise real-
ize proceeds on obligations owed to the Department of
Commerce under authority of such Act with respect to any
loans, obligations, or guarantees made or issued by the
Department of Commerce pursuant to such Act.
390
(c) AUDIT.—Not later than 18 months after the date
of the enactment of this Act, the Comptroller General shall
conduct an audit of all grants made or issued by the De-
partment of Commerce under the Public Works and Eco-
nomic Development Act of 1965 in fiscal year 1995 and
all loans, obligations, and guarantees and shall transmit
to Congress a report on the results of such audit.
SEC. 7232. EXPORT CONTROL FUNCTIONS.
(a) TRANSFER TO SECRETARY OF STATE.—
(1) IN GENERAL.—Except as provided in this
section, all functions of the Secretary of Commerce,
the Under Secretary of Commerce for Export Ad-
ministration, the 2 Assistant Secretaries of Com-
merce appointed under section 15(a) of the Export
Administration Act of 1979 (50 U.S.C. 2414(a)),
and the Department of Commerce, on the day before
the effective date specified in section 7109(a), under
the Export Administration Act of 1979 are trans-
ferred to the Secretary of State.
(2) CONSULTATION
WITH
USTR.—The Sec-
retary of State shall consult with the United States
Trade Representative with respect to licensing deci-
sions under the Export Administration Act of 1979.
(b) SHORT SUPPLY CONTROLS.—All functions of the
Secretary of Commerce, on the day before the effective
391
date specified in section 7109(a), under section 7 of the
Export Administration Act of 1979 (50 U.S.C. 2406), and
under all other provisions of that Act to the extent that
such provisions apply to section 7, are transferred to the
President.
(c) ENFORCEMENT.—
(1) GENERAL TRANSFER.—All functions of the
Secretary of Commerce and the Department of Com-
merce, on the day before the effective date specified
in section 7109(a), under sections 11(c), 12, and 13
(c), (d), and (e) of the Export Administration Act of
1979 (50 U.S.C. App. 2410(c), 2411, and 2412 (c),
(d), and (e)) are transferred to the Secretary of the
Treasury.
(2) TRANSFER
OF
ENFORCEMENT
PERSON-
NEL.—Not more than 60 United States special
agents of the Bureau of Export Administration of
the Department of Commerce who, on the day be-
fore the effective date specified in section 7109(a),
were assigned to perform functions under section
12(a) of the Export Administration Act of 1979 may
be transferred to the Customs Service to carry out
functions transferred by paragraph (1). The Direc-
tor of the Office of Management and Budget shall
392
determine the special agents to be transferred under
this paragraph.
(d) ANTI-BOYCOTT COMPLIANCE.—All functions of
the Secretary of Commerce and the Department of Com-
merce, on the day before the effective date specified in
section 7109(a), under section 8 of the Export Adminis-
tration Act of 1979 (50 U.S.C. 2407), and under all other
provisions of that Act to the extent that such provisions
apply to section 8, are transferred to the Attorney Gen-
eral.
(e) TERMINATION OF OFFICE OF FOREIGN AVAIL-
ABILITY; APPOINTMENT OF INDUSTRIES BOARD.—
(1) TERMINATION OF OFFICE.—(A) The Office
of Foreign Availability established under section
5(f)(6) of the Export Administration Act of 1979
(50 U.S.C. 2404(f)(6)) is abolished.
(2) CONFORMING
AMENDMENT.—Section 5(f)
of the Export Administration Act of 1979 (50
U.S.C. App. 2404(f)) is amended by striking para-
graph (6).
(3) APPOINTMENT
OF
INDUSTRIES
BOARD.—
The President shall appoint an industries board,
composed of representatives of industries affected by
matters relating to foreign availability under the Ex-
port Administration Act of 1979, to advise the Sec-
393
retary of State with respect to such matters, except
that no Federal funds may be made available to the
industries board to carry out its functions.
(f) BUYING POWER MAINTENANCE ACCOUNT.—The
authority of the Secretary of Commerce under section 108
of title I of Public Law 100–202 (101 Stat. 1329–7) to
establish a Buying Power Maintenance account is trans-
ferred to the Secretary of State for purposes of carrying
out functions under the Export Administration Act of
1979 that are transferred to the Secretary of State under
this section.
(g) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 15(a) of the Export Administration
Act of 1979 (50 U.S.C. 2414(a)) is repealed.
(2) The Office of the Under Secretary of Com-
merce for Export Administration is abolished.
SEC. 7233. NATIONAL SECURITY FUNCTIONS.
(a) TRANSFER OF FUNCTIONS.—Functions of the
Secretary of Commerce immediately before the effective
date specified in section 7109(a)—
(1) under section 232 of the Trade Expansion
Act of 1962 (19 U.S.C. 1862) are transferred to the
International Trade Commission;
394
(2) under section 309 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2099) are trans-
ferred to the Secretary of Defense; and
(3) under section 722 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2171) are trans-
ferred to the Secretary of the Treasury.
(b) NATIONAL DEFENSE TECHNOLOGY AND INDUS-
TRIAL BASE COUNCIL.—Section 2502(b) of title 10,
United States Code, is amended by striking paragraph (3)
and redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(c) APPOINTMENT OF COMMITTEES OF INDUSTRY
REPRESENTATIVES.—The President should appoint com-
mittees composed of representatives of appropriate indus-
tries to advise the National Security Council with respect
to those matters affecting industry addressed by the Sec-
retary of Commerce to the National Security Council be-
fore the effective date specified in section 7109(a).
SEC. 7234. INTERNATIONAL TRADE FUNCTIONS.
(a) TARIFF ACT OF 1930; URUGUAY ROUND AGREE-
MENTS ACT.—
(1) TRANSFER TO UNITED STATES TRADE REP-
RESENTATIVE.—All functions of the International
Trade Administration of the Department of Com-
merce, immediately before the effective date speci-
395
fied in section 7109(a), under titles III and VII of
the Tariff Act of 1930, and all functions of the ad-
ministering authority or the Secretary of Commerce
under the Uruguay Round Agreements Act, are
transferred to the United States Trade Representa-
tive.
(2) 
CONFORMING
AMENDMENT.—Section
771(1) of the Tariff Act of 1930 (19 U.S.C.
1677(1)) is amended by striking ‘‘Secretary of Com-
merce’’ and inserting ‘‘United States Trade Rep-
resentative’’.
(b) FOREIGN TRADE ZONES BOARD.—Subsection (b)
of the first section of the Act of June 18, 1934 (commonly
known as the ‘‘Foreign Trade Zones Act’’) (19 U.S.C.
81a(b)) is amended by striking ‘‘Secretary of Commerce,
who shall be chairman and executive officer of the Board,
the Secretary of the Treasury’’ and inserting ‘‘Secretary
of the Treasury, who shall be chairman and executive offi-
cer of the Board, the United States Trade Representa-
tive’’.
(c) UNITED STATES
AND FOREIGN COMMERCIAL
SERVICE.—
(1) RENAMING
AND
ABOLITION
OF
CERTAIN
FUNCTIONS.—The United States and Foreign Com-
mercial Service shall, upon the effective date speci-
396
fied in section 7109(a), be known as the ‘‘United
States Foreign Commercial Service’’ (hereafter in
this subsection referred to as the ‘‘Commercial Serv-
ice’’). All operations of the Commercial Service in
the United States (other than those performed at
the headquarters office referred to in section
2301(c) of the Export Enhancement Act of 1988
(15 U.S.C. 4721(c))) with respect to the foreign op-
erations of the Commercial Service) are abolished.
(2) TRANSFER
TO
USTR.—The Commercial
Service and its functions are transferred to the Unit-
ed States Trade Representative. All functions per-
formed immediately before the effective date speci-
fied in section 7109(a) by the Secretary of Com-
merce or the Department of Commerce with respect
to the Commercial Service are transferred to the
United States Trade Representative.
(3) DIRECTOR GENERAL.—(A) The head of the
Commercial Service shall, as of the effective date
specified in section 7109(a), be the Director General
of the United States Foreign Commercial Service.
(B) Section 5315 of title 5, United States Code,
is amended by striking ‘‘Assistant Secretary of Com-
merce and Director General of the United States
and Foreign Commercial Service’’ and inserting ‘‘Di-
397
rector General of the United States Foreign Com-
mercial Service.’’.
(C) The individual serving as Assistant Sec-
retary of Commerce and Director General of the
United States and Foreign Commercial Service im-
mediately before the effective date specified in sec-
tion 7109(a) may serve as the Director General of
the United States Foreign Commercial Service on
and after such effective date until a successor has
taken office. Compensation for any service under
this subparagraph shall be at the rate at which the
individual was compensated immediately before the
effective date specified in section 7109(a).
(4) TRANSFER OF COMMERCIAL SERVICE OFFI-
CERS.—The transfer to the United States Trade
Representative pursuant to this section of any Com-
mercial Service Officer serving immediately before
the effective date specified in section 7109(a) shall
not cause such officer to be reduced in rank, grade,
or compensation.
(d) EXPORT PROMOTION PROGRAMS.—
(1) TRANSFER.—All export promotion pro-
grams (as defined in section 201(d) of the Export
Administration Amendments Act of 1985 (15 U.S.C.
4051(d))) carried out by the Secretary of Commerce
398
or the Department of Commerce immediately before
the effective date specified in section 7109(a) are
transferred to the United States Trade Representa-
tive.
(2) PRIVATE FUNDING.—With respect to any
program transferred under paragraph (1), no funds
made available to the United States Trade Rep-
resentative may be used in carrying out such pro-
gram, but the United States Trade Representative
may require the persons to whom services are pro-
vided by the Office of the United States Trade Rep-
resentative under such program to pay for such serv-
ices.
(e) TRADE INFORMATION.—All functions of the Sec-
retary of Commerce under the International Investment
and Trade in Services Survey Act (22 U.S.C. 3101 and
following) are transferred to the Secretary of the Treas-
ury.
(f) INTERNATIONAL ECONOMIC POLICY.—All func-
tions performed by the Assistant Secretary of Commerce
for International Economic Policy and the Office of Inter-
national Economic Policy of the Department of Commerce
immediately before the effective date specified in section
7109(a) are abolished.
399
(g) FUNCTIONS WITH RESPECT TO TEXTILE AGREE-
MENTS.—
(1) TRANSFER OF FUNCTIONS.—Notwithstand-
ing the provisions of Executive Order 11651 and
Executive Order 12475 (7 U.S.C. 1854 note), the
functions of the Committee for the Implementation
of Textile Agreements (hereafter in this subsection
referred to as ‘‘CITA’’) are transferred as follows:
(A) All functions related to policy formula-
tion for textile and apparel trade, including the
negotiation and implementation of textile and
apparel trade agreements, and all related activi-
ties performed by CITA immediately before the
effective date specified in section 7109(a), and
not specified in paragraphs (2) through (4), are
transferred to the United States Trade Rep-
resentative.
(B) All functions related to economic anal-
ysis of textile and apparel trade patterns, deter-
mination of serious damage, or actual threat
thereof, to domestic United States industry and
related safeguards matters, including the tran-
sitional safeguard provisions under Article 6 of
the Agreement on Textiles and Clothing re-
ferred to in section 101(d)(4) of the Uruguay
400
Round Agreements Act (19 U.S.C. 3511(d)(4)),
and analysis of the impact of foreign tariff and
nontariff barriers on textile and apparel trade,
and all related activities performed by CITA
immediately before the effective date specified
in section 7109(a), are transferred to the Inter-
national Trade Commission.
(C) All functions related to the promotion
and foreign market expansion of United States
textile and apparel production are transferred
to the United States Foreign Commercial Serv-
ice.
(D) All functions related to monitoring
quota utilization and enforcement, and actions
to address the circumvention of quotas, as de-
scribed in the statement of administrative ac-
tion accompanying the Uruguay Round Agree-
ments (as defined in section 2 of the Uruguay
Round Agreements Act (19 U.S.C. 3501)), are
transferred to the Secretary of the Treasury.
(2) ABOLITION OF CITA.—CITA is abolished.
(h) FAIR TRADE IN AUTO PARTS.—All functions of
the Secretary of Commerce under the Fair Trade in Auto
Parts Act of 1988 (15 U.S.C. 4701 and following) are
transferred to the International Trade Commission.
401
(i) OTHER TRADE FUNCTIONS.—
(1) INTERAGENCY TRADE ORGANIZATION.—The
President shall provide for the direct participation
by representatives of industry on the Interagency
Trade Organization established under section 242 of
the Trade Expansion Act of 1962 (19 U.S.C. 1872),
to carry out appropriate functions of the Secretary
of Commerce as a member of such organization be-
fore the effective date specified in section 7109(a).
(2) EXPORT
TRADING
COMPANIES.—(A) The
functions of the Secretary of Commerce under the
Export Trading Company Act of 1982 (15 U.S.C.
4001–4003), and the Office of Export Trade estab-
lished under section 104 of that Act, are abolished.
(B) The functions of the Secretary of Com-
merce under title III of the Act of October 8, 1982
(15 U.S.C. 4011 and following), are transferred to
the Secretary of the Treasury.
(C) CONFORMING AMENDMENTS.—(i) The Ex-
port Trading Company Act of 1982 (15 U.S.C.
4001–4003) is repealed.
(ii) The section heading for section 301 of the
Act of October 8, 1982 (15 U.S.C. 4011), is amend-
ed by striking ‘‘COMMERCE’’ and inserting ‘‘TREAS-
URY’’.