171
(8) consider the potential of each energy labora-
tory to generate revenues or to offset costs;
(9) consider the transfer of energy laboratories
to other Federal agencies;
(10) consider the privatization of the energy
laboratories as an alternative to closure or reconfig-
uration; and
(11) be subject to the requirements of section
4061 of this subtitle.
(b) RECOMMENDATIONS.—
(1) PUBLICATION
AND
TRANSMITTAL.—Not
later than 3 months after the date of the enactment
of this Act, the Secretary or the Administrator, as
appropriate, shall publish in the Federal Register
and transmit to the congressional energy committees
and to the Commission a list of the energy labora-
tories that the Secretary or the Administrator, as
appropriate, recommends for reconfiguration, privat-
ization, and closure.
(2) SUMMARY
OF
SELECTION
PROCESS.—The
Secretary or the Administrator, as appropriate, shall
include, with the list of recommendations published
and transmitted pursuant to paragraph (1), a sum-
mary of the selection process that resulted in the
172
recommendation for each energy laboratory, includ-
ing a justification for each recommendation.
(c) EQUAL CONSIDERATION OF LABORATORIES.—In
considering energy laboratories for reconfiguration, privat-
ization, and closure, the Secretary or the Administrator,
as appropriate, shall consider all such laboratories equally
without regard to whether a laboratory has been pre-
viously considered or proposed for reconfiguration, privat-
ization, or closure by the Secretary of Energy.
(d) AVAILABILITY OF INFORMATION.—The Secretary
or the Administrator, as appropriate, shall make available
to the Commission and the Comptroller General of the
United States all information used by the Secretary or the
Administrator, as appropriate, in making recommenda-
tions under this section.
(e) INDEPENDENT AUDIT.—(1) Within 30 days after
the date of the enactment of this Act, the Director of the
Office of Management and Budget shall issue a request
for proposals for the performance of an audit under para-
graph (3).
(2) Within 60 days after the date of the enactment
of this Act, proposals shall be due in response to the re-
quest under paragraph (1).
(3) Within 90 days after the date of the enactment
of this Act, the Director of the Office of Management and
173
budget shall enter into a contract with an independent fi-
nancial consulting firm for an audit of the energy labora-
tories and their programs, facilities, and assets. Such
audit shall assess the commercial potential of the energy
labs and their programs and make recommendations on
how the Government could best realize such potential. The
audit shall be completed and transmitted to the Commis-
sion, the Secretary or the Administrator, as appropriate,,
and the congressional energy committees within 6 months
after the contract is entered into under this subsection.
(f) REVIEW AND RECOMMENDATIONS BY THE COM-
MISSION.—
(1) PUBLIC
HEARINGS.—After receiving the
recommendations from the Secretary or the Admin-
istrator, as appropriate, pursuant to subsection (b),
the Commission shall provide an opportunity for
public comment on the recommendations for a 30-
day period.
(2) INITIAL REPORT.—Not later than 1 year
after the date of the enactment of this Act, the
Commission shall publish in the Federal Register an
initial report containing the Commission’s findings
and conclusions based on a review and analysis of
the recommendations made by the Secretary or the
Administrator, as appropriate, and the audit con-
174
ducted pursuant to subsection (e), together with the
Commission’s recommendations for reconfiguration,
privatization, and closure of energy laboratories. In
conducting such review and analysis, the Commis-
sion shall consider all energy laboratories.
(3) DEVIATION FROM RECOMMENDATIONS.—In
making its recommendations, the Commission may
make changes in any of the recommendations made
by the Secretary or the Administrator, as appro-
priate, if the Commission determines that the Sec-
retary or the Administrator, as appropriate, deviated
substantially from the criteria described in sub-
section (a) in making recommendations. The Com-
mission shall explain and justify in the report any
recommendation made by the Commission that is
different from the recommendations made by the
Secretary or the Administrator, as appropriate.
(4) FINAL REPORT.—After providing a 30-day
period for public comment following publication of
the initial report under paragraph (2), and after full
consideration of such public comments, the Commis-
sion shall, within 15 months after the date of the
enactment of this Act, transmit to the Secretary or
the Administrator, as appropriate, and the congres-
175
sional energy committees a final report containing
the recommendations of the Commission.
(5) PROVISION
OF
CERTAIN
INFORMATION.—
After transmitting the final report under paragraph
(4), the Commission shall promptly provide, upon re-
quest, to any Member of Congress information used
by the Commission in making its recommendations.
(g) ASSISTANCE FROM COMPTROLLER GENERAL.—
The Comptroller General of the United States shall—
(1) assist the Commission, to the extent re-
quested, in the Commission’s review and analysis of
the recommendations made by the Secretary or the
Administrator, as appropriate, pursuant to sub-
section (b); and
(2) not later than 6 months after the date of
the enactment of this Act, transmit to the congres-
sional energy committees and to the Commission a
report containing a detailed analysis of the rec-
ommendations of the Secretary or the Adminis-
trator, as appropriate, and the selection process.
SEC. 4023. RECONFIGURATION, PRIVATIZATION, AND CLO-
SURE OF ENERGY LABORATORIES.
(a) IN GENERAL.—Subject to subsection (b), the
Secretary or the Administrator, as appropriate, shall—
176
(1) reconfigure, within 1 year after the date of
the transmittal of the final report under section
4022(f)(4), all energy laboratories recommended for
reconfiguration by the Commission in such report;
(2) provide for and complete the privatization,
within 18 months after the date of the transmittal
of the final report under section 4022(f)(4), of all
energy laboratories recommended for privatization
by the Commission in such report; and
(3) except as necessary to achieve the privatiza-
tion of an energy laboratory under paragraph (2),
close, within 1 year after the date of the transmittal
of the final report under section 4022(f)(4), all en-
ergy laboratories recommended for closure by the
Commission in such report.
(b) CONGRESSIONAL DISAPPROVAL.—
(1) IN GENERAL.—The Secretary or the Admin-
istrator, as appropriate, may not carry out any re-
configuration, privatization, or closure of an energy
laboratory recommended by the Commission in the
report transmitted pursuant to section 4022(f)(4) if
a joint resolution is enacted, in accordance with the
provisions of section 4027, disapproving the rec-
ommendations of the Commission before the earlier
of—
177
(A) the end of the 45-day period beginning
on the date on which the Commission transmits
the report; or
(B) the adjournment of Congress sine die
for the session during which the report is trans-
mitted.
(2) For purposes of paragraph (1) of this sub-
section and subsections (a) and (c) of section 4027,
the days on which either House of Congress is not
in session because of an adjournment of more than
three days to a day certain shall be excluded in the
computation of a period.
SEC. 4024. IMPLEMENTATION OF RECONFIGURATION, PRI-
VATIZATION, AND CLOSURE ACTIONS.
(a) IMPLEMENTATION.—In reconfiguring, priva-
tizing, or closing an energy laboratory under this chapter,
the Secretary or the Administrator, as appropriate,
shall—
(1) take such actions as may be necessary to
reconfigure, privatize, or close the energy laboratory;
(2) take such steps as may be necessary to en-
sure the safe keeping of all records stored at the en-
ergy laboratory; and
(3) reimburse other Federal agencies for ac-
tions performed at the request of the Secretary or
178
the Administrator, as appropriate, with respect to
any such reconfiguration, privatization, or closure,
and may use for such purpose funds in the Account
or funds appropriated to the Department of Energy
and available for such purpose.
(b) MANAGEMENT AND DISPOSAL OF PROPERTY.—
(1) IN GENERAL.—The Administrator of Gen-
eral Services shall delegate to the Secretary or the
Administrator, as appropriate, with respect to excess
and surplus real property and facilities located at an
energy laboratory reconfigured, privatized, or closed
under this chapter—
(A) the authority of the Secretary or the
Administrator, as appropriate, to utilize excess
property under section 202 of the Federal
Property and Administrative Services Act of
1949 (40 U.S.C. 483);
(B) the authority of the Secretary or the
Administrator, as appropriate, to dispose of
surplus property under section 203 of that Act
(40 U.S.C. 484);
(C) the authority of the Secretary or the
Administrator, as appropriate, to grant approv-
als and make determinations under section
179
13(g) of the Surplus Property Act of 1944 (50
U.S.C. App. 1622(g)); and
(D) the authority of the Secretary or the
Administrator, as appropriate, to determine the
availability of excess or surplus real property
for wildlife conservation purposes in accordance
with the Act of May 19, 1948 (16 U.S.C.
667b).
(2) EXERCISE OF AUTHORITY.—
(A) IN
GENERAL.—Subject to subpara-
graph (C), the Secretary or the Administrator,
as appropriate, shall exercise the authority dele-
gated to the Secretary or the Administrator, as
appropriate, pursuant to paragraph (1) in ac-
cordance with—
(i) all regulations in effect on the date
of the enactment of this Act governing the
utilization of excess property and the dis-
posal of surplus property under the Fed-
eral Property and Administrative Services
Act of 1949; and
(ii) all regulations in effect on the
date of the enactment of this Act govern-
ing the conveyance and disposal of prop-
erty under section 13(g) of the Surplus
180
Property Act of 1944 (50 U.S.C. App.
1622(g)).
(B) REGULATIONS.—The Secretary or the
Administrator, as appropriate, after consulting
with the Administrator of General Services,
may issue regulations that are necessary to
carry out the delegation of authority required
by paragraph (1).
(C) LIMITATION.—The authority required
to be delegated by paragraph (1) to the Sec-
retary or the Administrator, as appropriate, by
the Administrator of General Services shall not
include the authority to prescribe general poli-
cies and methods for utilizing excess property
and disposing of surplus property.
(c) WAIVER.—The Secretary or the Administrator, as
appropriate, may reconfigure, privatize, or close energy
laboratories under this chapter without regard to any pro-
vision of law restricting the use of funds for reconfiguring,
privatizing, or closing such energy laboratories included
in any appropriations or authorization Act.
SEC. 4025. ACCOUNT.
(a) ESTABLISHMENT.—There is hereby established
on the books of the Treasury an account to be known as
the ‘‘Energy Laboratory Facility Closure Account’’ which
181
shall be administered by the Secretary or the Adminis-
trator, as appropriate, as a single account.
(b) CONTENT OF ACCOUNT.—There shall be depos-
ited into the Account—
(1) funds authorized for and appropriated to
the Account;
(2) any funds that the Secretary or the Admin-
istrator, as appropriate, may, subject to approval in
an appropriation Act, transfer to the Account from
funds appropriated to the Department of Energy for
any purpose, except that such funds may be trans-
ferred only after the date on which the Secretary or
the Administrator, as appropriate, transmits written
notice of, and justification for, such transfer to the
congressional energy committees; and
(3) proceeds received from the transfer or dis-
posal of any property at an office reconfigured,
privatized, or closed under this section.
(c) USE OF FUNDS.—The Secretary or the Adminis-
trator, as appropriate, may use the funds in the Account
only for the purposes described in section 4024(a).
(d) REPORTS.—
(1) IN GENERAL.—Not later than 60 days after
the end of each fiscal year in which the Secretary or
the Administrator, as appropriate, carries out activi-
182
ties under this chapter, the Secretary or the Admin-
istrator, as appropriate, shall transmit a report to
the congressional energy committees of the amount
and nature of the deposits into, and the expendi-
tures from, the Account during such fiscal year and
of the amount and nature of other expenditures
made pursuant to section 4024(a) during such fiscal
year.
(2) UNOBLIGATED FUNDS.—Unobligated funds
shall be held in the Account until transferred by law.
SEC. 4026. REPORTS ON IMPLEMENTATION.
As part of the budget request for each fiscal year in
which the Secretary or the Administrator, as appropriate,
is authorized to carry out activities under this chapter,
the Secretary or the Administrator, as appropriate, shall
transmit to the congressional energy committees—
(1) a schedule of the reconfiguration, privatiza-
tion, and closure actions to be carried out under this
chapter in the fiscal year for which the request is
made and an estimate of the total expenditures re-
quired and cost savings to be achieved by each such
reconfiguration, privatization, or closure and of the
time period in which these savings are to be achieved
in each case; and
183
(2) a description of the energy laboratories to
which functions are to be transferred as a result of
such reconfigurations, privatizations, and closures.
SEC. 4027. CONGRESSIONAL CONSIDERATION OF COMMIS-
SION REPORT.
(a) TERMS OF THE RESOLUTION.—For purposes of
section 4023(b), the term ‘‘joint resolution’’ means only
a joint resolution which is introduced within the 10-day
period beginning on the date on which the Commission
transmits the report to the Congress under section
4022(f)(4), and—
(1) which does not have a preamble;
(2) the matter after the resolving clause of
which is as follows: ‘‘That Congress disapproves the
recommendations of the Energy Laboratory Facili-
ties Commission as submitted on lll’’, the blank
space being filled in with the appropriate date; and
(3) the title of which is as follows: ‘‘Joint reso-
lution disapproving the recommendations of the En-
ergy Laboratory Facilities Commission.’’.
(b) REFERRAL.—A resolution described in subsection
(a) that is introduced in the House of Representatives
shall be referred to the Committee on National Security
and the Committee on Science of the House of Represent-
atives. A resolution described in subsection (a) introduced
184
in the Senate shall be referred to the Committee on Armed
Services and the Committee on Energy and Natural Re-
sources of the Senate.
(c) DISCHARGE.—If the committee to which a resolu-
tion described in subsection (a) is referred has not re-
ported such resolution (or an identical resolution) by the
end of the 20-day period beginning on the date on which
the Commission transmits the report to the Congress
under section 4022(f)(4), such committee shall be, at the
end of such period, discharged from further consideration
of such resolution, and such resolution shall be placed on
the appropriate calendar of the House involved.
(d) CONSIDERATION.—
(1) IN GENERAL.—On or after the third day
after the date on which the committee to which such
a resolution is referred has reported, or has been
discharged (under subsection (c)) from further con-
sideration of, such a resolution, it is in order (even
though a previous motion to the same effect has
been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the
resolution (but only on the day after the calendar
day on which such Member announces to the House
concerned the Member’s intention to do so). All
points of order against the resolution (and against
185
consideration of the resolution) are waived. The mo-
tion is highly privileged in the House of Representa-
tives and is privileged in the Senate and is not de-
batable. The motion is not subject to amendment, or
to a motion to postpone, or to a motion to proceed
to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to
or disagreed to shall not be in order. If a motion to
proceed to the consideration of the resolution is
agreed to, the respective House shall immediately
proceed to consideration of the joint resolution with-
out intervening motion, order, or other business, and
the resolution shall remain the unfinished business
of the respective House until disposed of.
(2) DEBATE.—Debate on the resolution, and on
all debatable motions and appeals in connection
therewith, shall be limited to not more than 2 hours,
which shall be divided equally between those favoring
and those opposing the resolution. An amendment to
the resolution is not in order. A motion further to
limit debate is in order and not debatable. A motion
to postpone, or a motion to proceed to the consider-
ation of other business, or a motion to recommit the
resolution is not in order. A motion to reconsider the
186
vote by which the resolution is agreed to or dis-
agreed to is not in order.
(3) QUORUM CALL.—Immediately following the
conclusion of the debate on a resolution described in
subsection (a) and a single quorum call at the con-
clusion of the debate if requested in accordance with
the rules of the appropriate House, the vote on final
passage of the resolution shall occur.
(4) APPEALS FROM DECISION OF CHAIR.—Ap-
peals from the decisions of the Chair relating to the
application of the rules of the Senate or the House
of Representatives, as the case may be, to the proce-
dure relating to a resolution described in subsection
(a) shall be decided without debate.
(e) CONSIDERATION BY OTHER HOUSE.—
(1) IN GENERAL.—If, before the passage by one
House of a resolution of that House described in
subsection (a), that House receives from the other
House a resolution described in subsection (a), then
the following procedures shall apply:
(A) The resolution of the other House shall
not be referred to a committee and may not be
considered in the House receiving it except in
the case of final passage as provided in sub-
paragraph (B)(ii).
187
(B) With respect to a resolution described
in paragraph (1) of the House receiving the res-
olution—
(i) the procedure in that House shall
be the same as if no resolution had been
received from the other House; but
(ii) the vote on final passage shall be
on the resolution of the other House.
(2) CONSIDERATION
AFTER
DISPOSITION
BY
OTHER HOUSE.—Upon disposition of the resolution
received from the other House, it shall no longer be
in order to consider the resolution that originated in
the receiving House.
(f) RULES OF THE SENATE AND HOUSE.—This sec-
tion is enacted by Congress—
(1) as an exercise of the rulemaking power of
the Senate and House of Representatives, respec-
tively, and as such it is deemed a part of the rules
of each House, respectively, but applicable only with
respect to the procedure to be followed in that
House in the case of a resolution described in sub-
section (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional
right of either House to change the rules (so far as
188
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in
the case of any other rule of that House.
SEC. 4028. DEFINITIONS.
For purposes of this chapter:
(1) The term ‘‘Account’’ means the Energy
Laboratory Facility Closure Account established in
section 4025(a).
(2) The term ‘‘Administrator’’ has the meaning
given such term in section 4089(1) of this subtitle.
(3) The term ‘‘Commission’’ means the Energy
Laboratory Facilities Commission.
(4) The term ‘‘congressional energy commit-
tees’’ means the Committee on Armed Services of
the Senate, the Committee on National Security of
the House of Representatives, the Committee on
Science of the House of Representatives, and the
Committee on Energy and Natural Resources of the
Senate.
(5) The term ‘‘energy laboratory’’ means the
Lawrence Livermore National Laboratory, the Los
Alamos National Laboratory, the Sandia National
Laboratories, the Argonne National Laboratory, the
Brookhaven National Laboratory, the Idaho Na-
tional Engineering Laboratory, the Lawrence Berke-
189
ley Laboratory, the Oak Ridge National Laboratory,
the Pacific Northwest Laboratory, the National Re-
newable Energy Laboratory, the Ames Laboratory,
the Bates Linear Accelerator Laboratory, the Bettis
Atomic Power Laboratory, the Continuous Electron
Beam Accelerator Facility, the Energy Technology
Engineering Center, the Environmental Measure-
ments Laboratory, the Fermi National Accelerator
Laboratory, the Inhalation Toxicology Research In-
stitute, the Knolls Atomic Power Laboratory, the
Laboratory of Radiobiology and Environmental
Health, the Morgantown Energy Technology Center,
the National Renewable Energy Laboratory, the
New Brunswick Laboratory, the Oak Ridge Institute
for Science and Education, the Pittsburgh Energy
Technology Center, the Princeton Plasma Physics
Laboratory, the Savannah River Ecology Labora-
tory, the Savannah River Technology Center, the
Specific Manufacturing Capability Facility, or the
Stanford Linear Accelerator Facility.
(6) The term ‘‘the Secretary or the Adminis-
trator, as appropriate’’ means the Secretary of En-
ergy, or, after the effective date stated in section
4019(a), the Administrator.
190
CHAPTER 3—PRIVATIZATION OF FEDERAL
POWER MARKETING ADMINISTRTIONS
SEC. 4031. SHORT TITLE.
This chapter may be cited as the ‘‘Federal Power
Asset Privatization Act of 1995’’.
SEC. 4032. FINDINGS.
The Congress finds that:
(1) the Federal Power Marketing Administra-
tions, over the years, have served to help bring elec-
tricity to many areas in the Nation;
(2) they have done so with the investment of
the American taxpayer;
(3) the necessity of federally owned power gen-
eration and transmission facilities has passed and
halting this practice is in the best national interest
of the United States;
(4) in fairness to the longtime consumers of
Federal Power Marketing Administrations, any proc-
ess of sale should be open to them;
(5) the taxpayers, through investing in the con-
struction and operation, have established equity in
the facilities; and
(6) this equity entitles the American taxpayer
to expect the highest possible return in the sale
process.
191
SEC. 4033. SALE OF ASSETS.
(a) SALE OF ASSETS.—The Secretary is authorized
and directed to take such steps as necessary to sell all
electric power generation facilities and transmission facili-
ties, that are currently owned and operated by Federal
departments and agencies under the supervision of, or co-
ordination with, the Federal Power Marketing Administra-
tions. No foreign person or corporation may purchase any
such facilities; such facilities may be sold only to a United
States citizen or to a corporation or partnership organized
under the laws of a State. After such sales are completed
the Secretary shall terminate the operations of the Federal
Power Marketing Administrations. The heads of other af-
fected Federal departments and agencies shall assist the
Secretary of Energy in implementing the sales authorized
by this section.
(b) PRICE; STRUCTURE OF SALE.—
(1) PRICE.—The Secretary shall obtain the
highest possible price for such facilities. In determin-
ing the highest possible price, the value of future tax
revenues shall be included.
(2) RETENTION
OF
FINANCIAL
ADVISOR.—In
order to conduct the sales authorized by this section
in such manner as will produce the highest possible
price for the facilities to be sold consistent with this
chapter, within 30 days of enactment of this section,
192
the Secretary shall, through a competitive bidding
process, retain an experienced private sector firm to
serve as financial advisor to the Secretary with re-
spect to such sales.
(3) FINANCIAL ADVISOR’S REPORT.—Within 90
days of being retained by the Secretary, the financial
advisor shall provide to the Secretary a report con-
taining—
(A) a description of those assets described
in subsection (a) which, in the opinion of the fi-
nancial advisor, can be successfully transferred
to private sector ownership or operation;
(B) the value of each such asset, calculated
on the basis of the valuation method or meth-
ods which the financial advisor deems most ap-
propriate to a particular asset;
(C) the appropriate alternative trans-
actional methods for transferring each such
asset to private sector ownership or operation;
(D) the amount of proceeds which the fi-
nancial advisor estimates would be paid to the
United States Government as a result of such
transaction, including the present value of fu-
ture revenue from taxes and any other future
193
payments to be made to the United States Gov-
ernment; and
(E) an estimate of the average market rate
for wholesale electric power sales within each
region served by a Federal Power Marketing
Administration.
(c) TIME OF SALE.—Sales of facilities under this sec-
tion shall be conducted in accordance with the time of sale
schedule set forth in section 4034. At least one year before
the date of any sale specified in such schedule, the Sec-
retary, in consultation with the Secretary of the Army and
the Secretary of the Interior, and based on the rec-
ommendations of the financial advisor, shall select the fa-
cilities or groups of facilities to be sold and establish the
terms and conditions of the sale.
(d) FORMER EMPLOYEES OF PMAS.—It is the sense
of the Congress that the purchaser of any such facilities
should offer to employ, where possible, former employees
of the Federal Power Marketing Administrations in con-
nection with the operation of the facilities following their
purchase.
(e) PROCEEDS.—The Secretary of Energy shall de-
posit sale proceeds in the Treasury of the United States
to the credit of miscellaneous receipts.
194
(f) PREPARATION.—The Secretary of Energy is au-
thorized to use funds appropriated to the Department of
Energy for the Federal Power Marketing Administrations
and funds otherwise appropriated to other Federal agen-
cies for power generation and related activities in order
to prepare these assets for sale and conveyance. Such
preparation shall provide sufficient title to ensure the ben-
eficial use, enjoyment, and occupancy to the purchasers
of the assets to be sold and shall include identification of
all associated laws and regulations to be amended for the
purpose of these sales. The Secretary of Energy shall un-
dertake a study of the effect of sales of facilities under
this chapter on existing contracts for the sale of electric
power generated at such facilities.
(g) REPORTING OF SALES.—Not later than one year
after the sale of the assets of each Federal Power Market-
ing Administration in accordance with this chapter, the
Secretary of Energy shall—
(1) complete the business of, and close out,
such administration; and
(2) prepare and submit to Congress a report
documenting the sales.
(h) TREATMENT OF SALES FOR PURPOSES OF CER-
TAIN LAWS.—The sales of assets under this chapter shall
195
not be considered a disposal of Federal surplus property
under the following provisions of law:
(1) Section 203 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C.
484).
(2) Section 13 of the Surplus Property Act of
1944 (50 U.S.C. App. 1622).
SEC. 4034. TIME OF SALES.
(a) SCHEDULE.—During the next 5 years, the Sec-
retary of Energy shall complete the sale of the electric
power generation and transmission assets referred to in
section 4033 in accordance with the following schedule:
Power Administration
Sale Completion Date
Alaska
Before September 30, 1996
Southeastern
Before September 30, 1997
Southwestern
Before September 30, 1998
Western Area
Before September 30, 1999
Bonneville
Before September 30, 2000
(b) UNEXPENDED BALANCES.—Following the sale of
the assets of each of the Federal Power Marketing Admin-
istrations and their associated power generation facilities,
the Secretary of Energy shall return the unexpended bal-
ances of funds appropriated for that administration to the
Treasury of the United States.
196
SEC. 4035. RATE STABILIZATION FOR AFFECTED CONSUM-
ERS.
So that the affected consumers of each Federal
Power Marketing Administration are not impacted by se-
vere rate increases, each purchaser of electric power gen-
eration facilities providing electric power to customers
within any region shall be required, as part of the agree-
ment to purchase such facilities, to insure that the price
at which electric power is sold to such consumers does not
increase above the baseline price at a rate greater than
10 percent annually. For purposes of this section, the term
‘‘baseline price’’ means the price for the sale of electric
power to a consumer that is in effect on the date of the
sale of the facility. The preceding sentence shall cease to
apply when the price at which electric power is sold to
a consumer is at least equal to the average market rate
for wholesale electric power sales within the region con-
cerned, as determined by the Financial Advisor.
SEC. 4036. LICENSING OF PROJECTS TO PRESERVE CUR-
RENT OPERATING CONDITIONS.
(a) ORIGINAL LICENSE.—Simultaneously with the
sale of hydroelectric generation facility under this chapter,
the Federal Energy Regulatory Commission shall issue an
original license under part 1 of the Federal Power Act
(16 U.S.C. 791a–823b) to the purchaser for the construc-
tion, operation, and maintenance of such facility. Such li-
197
cense shall expire on the date 10 years after the date of
the sale facility and shall contain standard terms and con-
ditions for hydroelectric power licenses issued under part
1 of such Act for facilities installed at Federal water
projects, together with such additional terms and condi-
tions as the Commission deems necessary, in consultation
with the department or agency which operates such water
project, to further the project purposes and insure that
the project will continue operations in the same manner
and subject to the same procedures, contracts, and other
requirements as were applicable prior to the sale. The
Commission shall publish such license terms and condi-
tions for each facility to be sold under this chapter as
promptly as practicable after the date of the enactment
of this Act but not later than one year prior to the date
established for the sale of the facility.
(b) LICENSE
REQUIRED.—Notwithstanding any
other provision of law, the Federal Energy Regulatory
Commission shall have jursidiction under part 1 of the
Federal Power Act over any hydroelectric generation facil-
ity sold under this chapter.
SEC. 4037. ENABLING FEDERAL STUDIES.
Section 505 of the Energy and Water Development
Appropriations Act of 1993 (Public Law 102–377) is
hereby repealed.
198
SEC. 4038. DEFINITIONS.
For purposes of this chapter:
(1) The term ‘‘power generation facility’’ means
a facility used for the generation of electric energy.
If any portion of a structure or other facility is used
for flood control, water supply, or other purposes in
addition to the generation of electric energy, such
term refers only to that portion of the structure or
facility used exclusively for the generation of electric
energy, including turbines, generators, controls, sub-
stations, and primary lines used for transmitting
electric energy therefrom to the point of juncture
with the interconnected primary transmission sys-
tem. Such term shall not include any portion of a fa-
cility used for navigation, flood control, irrigation,
water supply, or recreation.
(2) The term ‘‘Secretary’’ means the Secretary
of Energy or any successor agency. If any such
agency terminates prior to the complete execution of
all duties vested in the Secretary of Energy under
this chapter, such duties shall be vested in the Sec-
retary of the Interior.
199
CHAPTER 4—TRANSFER AND DISPOSAL
OF RESERVES
SEC. 4041. STRATEGIC PETROLEUM RESERVE.
(a) TRANSFER OF FUNCTIONS.—There are hereby
transferred to the Secretary of the Interior all functions
performed by the Department of Energy with respect to
the Strategic Petroleum Reserve on the day before the ef-
fective date of this section.
(b) DISPOSAL OF CERTAIN RESERVES.—The Sec-
retary of the Interior shall dispose of the reserves held
at Weeks Island, Louisiana, in a manner that provides for
minimal disruption of petroleum markets.
(c) ADVISORY BOARD.—(1) The Secretary of the In-
terior shall appoint an advisory board, consisting of 3 indi-
viduals with experience in oil markets and production and
international relations, which shall—
(A) monitor the disposal of reserves under sub-
section (b) and its effects on petroleum markets; and
(B) within 60 days after the completion of such
disposal, submit to the Congress a report containing
recommendations as described in paragraph (2).
(2) The advisory board shall make recommendations
on whether the United States should maintain or dispose
of the Strategic Petroleum Reserve, based on information
obtained pursuant to paragraph (1)(A) and any other rel-
200
evant information the advisory board obtains. If the advi-
sory board recommends maintaining the Strategic Petro-
leum Reserve, it shall include recommendations for admin-
istering the Reserve, and if it recommends disposing of
the Reserve, it shall include recommendations for proce-
dures for carrying out such disposal.
(3) Notwithstanding section 14 of the Federal Advi-
sory Committee Act, the advisory board established under
this subsection shall terminate within 30 days after it sub-
mits a report under paragraph (1)(B).
(d) EFFECTIVE DATE.—This section shall take effect
on the effective date stated in section 4019(a).
SEC. 4042. TRANSFER OF NAVAL PETROLEUM RESERVES TO
DEPARTMENT OF THE INTERIOR WITH IN-
STRUCTIONS TO SELL THE RESERVES.
(a) TRANSFER OF JURISDICTION.—The Secretary of
Energy shall transfer the naval petroleum reserves (as de-
fined in section 7420(2) of title 10, United States Code)
from the jurisdiction and control of the Department of En-
ergy to the jurisdiction and control of the Department of
the Interior. The transfer required by this subsection shall
be made without compensation or reimbursement.
(b) TIME FOR TRANSFER.—The transfer required by
subsection (a) shall be made as soon as possible after the
201
date of the enactment of this Act, but in no case later
than one year after that date.
(c) SALE OF RESERVES REQUIRED.—Chapter 641 of
title 10, United States Code, is amended by inserting after
section 7421 the following new section:
‘‘§ 7421a. Sale of naval petroleum reserves
‘‘(a) SALE REQUIRED.—Notwithstanding any other
provision of this chapter, the Secretary of the Interior
shall sell all right, title, and interest of the United States
in and to the naval petroleum reserves beginning on the
date of the enactment of this section.
‘‘(b) TIME FOR SALES.—The Secretary shall com-
plete the sale of the naval petroleum reserves not later
than one year after the date of the enactment of this sec-
tion unless, as a result of the conditions specified in sub-
section (c), the Secretary determines a longer sale period
is necessary. The Secretary shall notify Congress of any
extension of the sale period.
‘‘(c) CONDITIONS ON SALE.—Sales of the naval pe-
troleum reserves under subsection (a) may not be for less
than fair market value, as determined by the Secretary
on the basis of appraisals performed by recognized experts
in the field. The Secretary shall conduct sales using com-
petitive procedures. The Secretary may establish such bid-
ding terms and conditions as the Secretary considers to
202
be necessary and appropriate, including the establishment
of sale units and minimum bids. The Secretary shall struc-
ture sale units and times so as to prevent disruption of
world petroleum markets.
‘‘(d) EFFECT
ON
EXISTING
CONTRACTS
AND
LEASES.—Sales of the naval petroleum reserves under
subsection (a) shall be subject to leases of any part of the
naval petroleum reserves, permits, licenses, easements,
grazing and agricultural leases, rights-of-way, and similar
contracts pertaining to use of the surface area of the naval
petroleum reserves and in effect on the date of the enact-
ment of this section. Such sales shall also be subject to
contracts, in effect on the date of the enactment of this
section, to sell the petroleum produced from any part of
the naval petroleum reserves.
‘‘(e) PURCHASER TO BE HELD HARMLESS.—A pur-
chaser of any right, title, or interest of the United States
in the naval petroleum reserves shall be held harmless 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 against the United
States only to the extent and in the manner provided by
law.
‘‘(f) REQUIREMENTS
REGARDING
CONSULTATION
AND APPROVAL.—The congressional consultation and
203
Presidential approval requirements of section 7431(a) of
this title regarding each individual sale of a portion of the
naval petroleum reserves shall not apply to sales under
this section.’’.
(d) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 7421 the following new
item:
‘‘7421a. Sale of naval petroleum reserves.’’.
(e) CONFORMING
AMENDMENTS
TO
TITLE
10,
UNITED STATES CODE.—Chapter 641 of title 10, United
States Code, is amended—
(1) in section 7420(4), by striking ‘‘Secretary
of Energy’’ and inserting ‘‘Secretary of the Inte-
rior’’;
(2) in section 7427, by striking ‘‘of the Inte-
rior’’;
(3) in section 7430(d), by striking ‘‘, in con-
sultation with the Secretary of the Interior,’’; and
(4) in section 7430(j), by striking ‘‘he, or the
Secretary of the Interior where the authority extends
to him,’’.
204
CHAPTER 5—NATIONAL SECURITY AND
ENVIRONMENTAL MANAGEMENT PRO-
GRAMS
SEC. 4051. DEFINITIONS.
In this chapter:
(1) The term ‘‘defense nuclear programs mat-
ters’’ means matters related to the military use of
nuclear energy and nuclear weapons, including all
such matters that were under the jurisdiction of the
following entities on the day before the date of the
enactment of this subtitle:
(A) The Department of Energy.
(B) The Defense Nuclear Agency of the
Department of Defense.
(C) The Defense Nuclear Facilities Safety
Board.
(2) The term ‘‘Under Secretary’’ means the
Under Secretary of Defense for Defense Nuclear
Programs.
(3) The term ‘‘Agency’’ means the Defense Nu-
clear Programs Agency.
SEC. 4052. ESTABLISHMENT AND ORGANIZATION OF DE-
FENSE NUCLEAR PROGRAMS AGENCY.
(a) ESTABLISHMENT OF DEFENSE NUCLEAR PRO-
GRAMS AGENCY.—There is established an agency in the
205
Department of Defense to be known as the Defense Nu-
clear Programs Agency.
(b) UNDER SECRETARY.—The Agency shall be head-
ed by an Under Secretary for Defense Nuclear Programs,
who shall serve as the principal adviser to the Secretary
of Defense on defense nuclear programs matters. In carry-
ing out his duties under this chapter, the Under Secretary
for Defense Nuclear Programs shall, subject to the au-
thority, direction, and control of of the Secretary of De-
fense, have primary responsibility within the Government
for defense nuclear programs matters. The Under Sec-
retary shall be appointed by the President, by and with
the advice and consent of the Senate. A commissioned offi-
cer of the Armed Forces serving on active duty may not
be appointed Under Secretary. The Under Secretary shall
be compensated at the rate provided for level II of the
Executive Schedule under section 5313 of title 5, United
States Code.
(c) DEPUTY UNDER SECRETARY.—A Deputy Under
Secretary for Defense Nuclear Programs shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate. The Deputy Under Secretary shall per-
form such duties and exercise such powers as the Under
Secretary for Defense Nuclear Programs may prescribe.
The Deputy Under Secretary shall act for, and exercise
206
the powers of, the Under Secretary during the Under Sec-
retary’s absence or disability or during a vacancy in such
office. A commissioned officer of the Armed Forces serv-
ing on active duty may not be appointed Deputy Under
Secretary. The Deputy Under Secretary shall be com-
pensated at the rate provided for level III of the Executive
Schedule under section 5314 of title 5, United States
Code.
(d) ASSISTANT SECRETARIES.—(1) Four Assistant
Secretaries of the Agency shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate.
They shall perform such duties and exercise such powers
as the Under Secretary may prescribe.
(2) One of the Assistant Secretaries shall have as his
principal duty the overall supervision of environmental res-
toration of defense nuclear weapons facilities.
(3) One of the Assistant Secretaries shall have as his
principal duty the overall supervision of the oversight of
the defense and nondefense functions and budgets of the
Sandia National Laboratories, the Los Alamos National
Laboratory, and the Lawrence Livermore National Lab-
oratory (or whatever laboratories (or portions of labora-
tories) carrying out the functions of such laboratories re-
main after reconfiguration, privatization, or closure (if
any) pursuant to chapter 2).
207
(4) Each Assistant Secretary shall be compensated
at the rate provided for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(e) INSPECTOR GENERAL.—There shall be an Inspec-
tor General of the Agency, who shall be appointed as pro-
vided in section 3 of the Inspector General Act of 1978
(5 U.S.C. App. 3). The Inspector General shall perform
the duties, have the responsibilities, and exercise the pow-
ers specified in the Inspector General Act of 1978 (5
U.S.C. App. 3).
(f) GENERAL COUNSEL.—There shall be a General
Counsel of the Agency, who shall be appointed by the
Under Secretary. The General Counsel shall be the chief
legal officer for all legal matters arising from the conduct
of the functions of the Agency. The General Counsel shall
be compensated at the rate provided for level V of the Ex-
ecutive Schedule under section 5316 of title 5, United
States Code.
SEC. 4053. FUNCTIONS OF DEFENSE NUCLEAR PROGRAMS
AGENCY.
(a) IN GENERAL.—The Under Secretary for Defense
Nuclear Programs shall be responsible for the exercise of
all powers and the discharge of all duties of the Agency.
(b) TRANSFERRED FUNCTIONS.—The Under Sec-
retary for Defense Nuclear Programs shall carry out all
208
functions transferred to the Under Secretary pursuant to
section 4054.
(c) STAFF DIRECTOR OF NUCLEAR WEAPONS COUN-
CIL.—Paragraph (2) of section 179(c) of title 10, United
States Code, is amended to read as follows:
‘‘(2) The Under Secretary for Defense Nuclear Pro-
grams shall be the Staff Director of the Council.’’.
SEC. 4054. TRANSFERS OF FUNCTIONS.
(a) DEPARTMENT OF ENERGY.—(1) There are here-
by transferred to the Under Secretary for Defense Nuclear
Programs all functions performed by the Department of
Energy on the day before the date of the enactment of
this subtitle relating to the national security functions of
the Department, including defense, nonproliferation, and
defense-related environmental management programs.
(2) There are hereby transferred to the Under Sec-
retary for Defense Nuclear Programs all functions per-
formed by the Department of Energy on the day before
the date of the enactment of this subtitle relating to the
oversight of the defense and nondefense functions and
budgets of the following laboratories:
(A) Sandia National Laboratories, Albuquerque,
New Mexico, and Livermore, California.
(B) Los Alamos National Laboratory, Los Ala-
mos, New Mexico.
209
(C) Lawrence Livermore National Laboratory,
California.
(b) DEFENSE NUCLEAR AGENCY.—There are hereby
transferred to the Under Secretary for Defense Nuclear
Programs all functions performed by the Defense Nuclear
Agency of the Department of Defense on the day before
the date of the enactment of this subtitle relating to nu-
clear weapons systems.
(c) 
DEFENSE
NUCLEAR
FACILITIES
SAFETY
BOARD.—There are hereby transferred to the Under Sec-
retary for Defense Nuclear Programs all functions per-
formed by the Defense Nuclear Facilities Safety Board on
the day before the date of the enactment of this subtitle.
(d) OTHER NUCLEAR WEAPONS-RELATED FUNC-
TIONS.—The Secretary of Defense may transfer to the
Under Secretary for Defense Nuclear Programs such
other functions performed in the Department of Defense
on the day before the date of the enactment of this subtitle
relating to nuclear weapons as the Secretary considers ap-
propriate.
(e) CONFORMING REPEALS.—
(1) ASSISTANT
TO
THE
SECRETARY
OF
DE-
FENSE FOR ATOMIC ENERGY.—Section 141 of title
10, United States Code, is hereby repealed. The
table of sections at the beginning of chapter 4 of
210
such title is amended by striking out the item relat-
ing to such section.
(2) DEFENSE
NUCLEAR
FACILITIES
SAFETY
BOARD.—Chapter 21 of the Atomic Energy Act of
1954 (42 U.S.C. 2286) is hereby repealed.
(3) REFERENCES.—Any reference to the Assist-
ant Secretary of Defense for Atomic Energy or the
Defense Nuclear Facilities Safety Board in any pro-
vision of law or in any rule, regulation, or other
paper of the United States shall be treated as refer-
ring to the Under Secretary for Defense Nuclear
Programs.
SEC. 4055. LIMITATION ON TRANSFERS OF FUNDS.
No amount appropriated to the Agency may be trans-
ferred to any other account (other than another account
of the Agency) unless the transfer of such amount to such
account is specifically authorized by law. No amount ap-
propriated to the Department of Defense or another de-
partment or agency may be transferred to the Under Sec-
retary for Defense Nuclear Programs or to an account for
the Agency unless the transfer of such amount to such
account is specifically authorized by law.
SEC. 4056. TRANSITION PROVISIONS.
(a) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, the Under Secretary for Defense
211
Nuclear Programs may, for purposes of performing a
function that is transferred to the Under Secretary by this
chapter, exercise all authorities under any other provision
of law that were available with respect to the performance
of that function to the official responsible for the perform-
ance of that function on the day before the date of the
enactment of this subtitle.
(b) AUTHORITIES TO WIND UP AFFAIRS.—
(1) IN GENERAL.—(A) The Director of the Of-
fice of Management and Budget may take such ac-
tions as the Director considers necessary to wind up
any outstanding affairs of the Department of En-
ergy associated with the functions that are trans-
ferred pursuant to section 4054(a).
(B) The Secretary of Defense may take such
actions as the Secretary considers necessary to wind
up any outstanding affairs of the Defense Nuclear
Agency associated with the functions that are trans-
ferred pursuant to section 4054(b), any outstanding
affairs of the Department of Defense associated with
any functions that may be transferred pursuant to
section 4054(d), and any outstanding affairs of the
Assistant to the Secretary of Defense for Atomic
Energy.
212
(C) The Secretary of the Navy may take such
actions as the Secretary considers necessary to wind
up any outstanding affairs of the Strategic Systems
Programs of the Department of the Navy associated
with the functions that are transferred pursuant to
section 4054(c).
(D) The Director of the Office of Management
and Budget may take such actions as the Director
considers necessary to wind up any outstanding af-
fairs of the Defense Nuclear Facilities Safety Board.
(2) TRANSFER OF ASSETS.—So much of the
personnel, property, records, and unexpended bal-
ances of appropriations, allocations, and other funds
employed, used, held, available, or to be made avail-
able in connection with a function transferred to the
Under Secretary for Defense Nuclear Programs by
this chapter are transferred to the Under Secretary
for use in connection with the functions transferred.
(3) FURTHER MEASURES AND DISPOSITIONS.—
Such further measures and dispositions as the Presi-
dent considers necessary to effectuate the transfers
referred to in subsection (b) shall be carried out in
such manner as the President directs and by the
heads of such agencies as the President designates.
213
SEC. 4057. TECHNICAL AND CONFORMING AMENDMENTS.
(a) INSPECTOR GENERAL ACT OF 1978.—Section 11
of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended—
(1) in paragraph (1), by inserting after ‘‘Inter-
national Development,’’ the following: ‘‘the Defense
Nuclear Programs Agency,’’; and
(2) in paragraph (2), by striking out ‘‘or the
Social Security Administration;’’ and inserting in
lieu thereof ‘‘the Social Security Administration, or
the Defense Nuclear Programs Agency;’’.
(b) EXECUTIVE SCHEDULE.—(1) Section 5313 of
title 5, United States Code, is amended by adding at the
end the following:
‘‘Under Secretary for Defense Nuclear Pro-
grams.’’.
(2) Section 5314 of title 5, United States Code, is
amended by adding at the end the following:
‘‘Deputy Under Secretary for Defense Nuclear
Programs.’’.
(3) Section 5315 of title 5, United States Code, is
amended by adding at the end the following:
‘‘Assistant Secretaries, Defense Nuclear Pro-
grams Agency (4).
‘‘Inspector General, Defense Nuclear Programs
Agency.’’.
214
(4) Section 5316 of title 5, United States Code, is
amended by adding at the end the following:
‘‘General Counsel, Defense Nuclear Programs
Agency.’’.
SEC. 4058. EFFECTIVE DATE AND TRANSITION PERIOD.
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this chapter shall take effect on the date of
the enactment of this subtitle.
(b) DELAYED EFFECTIVE DATE FOR ESTABLISH-
MENT OF AGENCY AND TRANSFERS OF FUNCTIONS.—
Section 4052(a) and section 4054 of this chapter shall
take effect one year after the date of the enactment of
this subtitle.
(c) TRANSITION PERIOD.—The Secretary of Defense,
the Secretary of Energy, the Assistant to the Secretary
of Defense for Atomic Energy, and the Defense Nuclear
Facilities Safety Board shall, beginning as soon as prac-
ticable after the date of the enactment of this subtitle,
plan for the orderly establishment of, and transfer of func-
tions to, the Agency pursuant to this chapter.
(d) APPOINTMENT AUTHORITY.—The President may
make appointments under section 4052 notwithstanding
the delayed effective date under subsection (b) for the es-
tablishment of the Agency.
215
SEC. 4059. ENVIRONMENTAL RESTORATION ACTIVITIES AT
DEFENSE NUCLEAR FACILITIES.
(a) AMENDMENT TO CERCLA.—The Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) is amended by adding
at the end the following new title:
‘‘TITLE 
IV—ENVIRONMENTAL
RESTORATION ACTIVITIES AT
DEFENSE NUCLEAR FACILI-
TIES
‘‘Subtitle A—General Provisions
‘‘Sec. 401. Applicability.
‘‘Sec. 402. Definitions.
‘‘Subtitle B—Selection of Remedial Action
‘‘Sec. 411. Review of ongoing and planned remedial actions.
‘‘Sec. 412. Selection of remedial action.
‘‘Sec. 413. Site-specific risk assessment.
‘‘Sec. 414. Analysis of risk reduction benefits and costs.
‘‘Subtitle A—General Provisions
‘‘SEC. 401. APPLICABILITY.
‘‘Notwithstanding section 120, the provisions of this
title shall apply with respect to selection of remedial ac-
tions at defense nuclear facilities.
‘‘SEC. 402. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) 
The 
term 
‘defense 
nuclear 
facility’
means—
216
‘‘(A) a production facility or utilization fa-
cility (as those terms are defined in section 11
of the Atomic Energy Act of 1954 (42 U.S.C.
2014)) that is under the control or jurisdiction
of the Under Secretary of Defense for Defense
Nuclear Programs and that is operated for na-
tional security purposes (including the tritium
loading facility at Savannah River, South Caro-
lina, the 236 H facility at Savannah River,
South Carolina; and the Mound Laboratory,
Ohio), but the term does not include any facil-
ity that does not conduct atomic energy defense
activities and does not include any facility or
activity covered by Executive Order Number
12344, dated February 1, 1982, pertaining to
the naval nuclear propulsion program;
‘‘(B) a nuclear waste storage or disposal
facility that is under the control or jurisdiction
of the Under Secretary of Defense for Defense
Nuclear Programs;
‘‘(C) a testing and assembly facility that is
under the control or jurisdiction of the Under
Secretary of Defense for Defense Nuclear Pro-
grams and that is operated for national security
purposes (including the Nevada Test Site, Ne-
217
vada; the Pinnellas Plant, Florida; and the
Pantex facility, Texas);
‘‘(D) an atomic weapons research facility
that is under the control or jurisdiction of the
Under Secretary of Defense for Defense Nu-
clear Programs (including the Lawrence Liver-
more, Los Alamos, and Sandia National Lab-
oratories); or
‘‘(E) any facility described in paragraphs
(1) through (4) that—
‘‘(i) is no longer in operation;
‘‘(ii) was under the control or jurisdic-
tion of the Department of Defense, the
Atomic Energy Commission, the Energy
Research and Development Administration,
or the Department of Energy; and
‘‘(iii) was operated for national secu-
rity purposes.
‘‘(2) The term ‘Under Secretary’ means the Under
Secretary of Defense for Defense Nuclear Programs.
‘‘(3) The term ‘Administrator’ means the Adminis-
trator of the Environmental Protection Agency.
218
‘‘Subtitle B—Selection of Remedial
Action
‘‘SEC. 411. REVIEW OF ONGOING AND PLANNED REMEDIAL
ACTIONS.
‘‘REVIEW OF ONGOING AND PLANNED ACTIVITIES.—
(1) Not later than one year after the date of the enactment
of this title, the Under Secretary shall review each reme-
dial action described in paragraph (2) for purposes of de-
termining whether the remedial action was selected in a
manner consistent with the requirements of this subtitle.
If the Under Secretary determines the selection was not
consistent with the requirements of this subtitle, the
Under Secretary shall require the remedial action to be
halted and a new remedial action selected in a manner
consistent with the requirements of this subtitle.
‘‘(2) Paragraph (1) applies to any remedial action at
a defense nuclear facility—
‘‘(A) which is ongoing as of the date of the en-
actment of this title, including a facility for which
construction is ongoing or has been completed as of
such date; or
‘‘(B) for which construction is planned but has
not yet commenced as of such date of enactment.
219
‘‘SEC. 412. SELECTION OF REMEDIAL ACTION.
‘‘(a) IN GENERAL.—The Under Secretary shall select
a remedial action for a defense nuclear facility based upon
consideration of a site-specific risk assessment conducted
in accordance with section 413 and an analysis of risk re-
duction benefits and costs conducted in accordance with
section 414.
‘‘(b) REQUIREMENT FOR LOWEST COST ACTION.—
In selecting a remedial action, the Under Secretary shall
select the lowest cost action which achieves a residual risk
that is within the risk range goal established by the Na-
tional Contingency Plan for protection of public health
and the environment, unless—
‘‘(1) the incremental benefits of a more expen-
sive remedial action justify incurring the incremental
costs of the more expensive remedy, as set forth in
the analysis of risk reductions cost and benefits for
the remedial action pursuant to section 414, in
which case a more expensive remedy may be se-
lected, or
‘‘(2) the benefits of the lowest cost remedy
which achieves a residual risk level within the risk
range goal are not reasonably related to the costs of
such remedy, in which case a less expensive remedy
may be selected.
220
‘‘(c) CONSULTATION.—Before selection a remedial
action and before public comment under subsection (d),
the Under Secretary shall consult with the Administrator,
officials of State, local, or tribal governments having juris-
diction over the property or, in the case of property which
is exclusively under Federal jurisdiction, having jurisdic-
tion over the surrounding areas. Such consultation shall
include discussion of, at a minimum, current area demo-
graphics, land and water uses, and currently planned land
and water uses, the determination of which shall remain
the sole purview of the appropriate State, local, or tribal
government with jurisdiction.—
‘‘(d) PUBLIC COMMENT.—Before selection of a reme-
dial action, the Under Secretary shall provide a period of
not less than 30 days for public comment on the remedial
action.
‘‘(e) CERTIFICATION.—The Under Secretary shall
certify the following when selecting a remedial action:
‘‘(1) That the analysis of risk reduction benefits
and costs for the remedial action pursuant to section
414 is based on objective and unbiased scientific and
economic evaluations of all significant and relevant
information and on risk assessments provided to the
agency by interested parties relating to the costs,
221
risks, and risk reduction and other benefits of the
remedial action selected.
‘‘(2) That the incremental risk reduction or
other benefits of the remedial action will be likely to
justify, and be reasonably related to, the incremental
costs incurred by the Federal Government, by State,
local, and tribal governments, and other public and
private entities.
‘‘(3) That other alternative remedial actions
identified or considered by the agency were found to
be less cost-effective at achieving a substantially
equivalent reduction in risk.
‘‘(f) ADMINISTRATIVE RECORD.—All documents con-
sidered by the Under Secretary shall be made part of the
administrative record for purposes of judicial review.
‘‘SEC. 413. SITE-SPECIFIC RISK ASSESSMENT.
‘‘(a) IN GENERAL.—(1) A site-specific risk assess-
ment shall be performed in accordance with this section
before the selection of a remedial action at a defense nu-
clear facility. The Under Secretary shall apply the prin-
ciples set forth in subsection (b) in order to ensure that
a site-specific risk assessment—
‘‘(A) distinguishes scientific findings from other
considerations;
222
‘‘(B) is, to the extent feasible, scientifically ob-
jective, unbiased, and inclusive of all relevant data;
and
‘‘(C) relies, to the extent available and prac-
ticable, on factual site-specific data.
‘‘(2) Discussions or explanations required under this
section need not be repeated in each risk assessment docu-
ment as long as there is a reference to the relevant discus-
sions or explanation in another agency document which
is available to the public.
‘‘(b) PRINCIPLES.—The principles to be applied in
conducting a site-specific risk assessment are as follows:
‘‘(1) When discussing human health risks, a
site-specific risk assessment shall contain a discus-
sion of both relevant laboratory and relevant epi-
demiologic data of sufficient quality which finds, or
fails to find, a correlation between health risks and
a potential toxin or activity. Where conflicts among
such data appear to exist, or where animal data is
used as a basis to assess human health, the site-spe-
cific risk assessment shall, to the extent feasible and
appropriate, include discussion of possible reconcili-
ation of conflicting information, and, as relevant,
differences in study designs, comparative physiology,
routes of exposure, bioavailability, pharmacokinetics,
223
and any other relevant factor, including the suffi-
ciency of basic data for review. The discussion of
possible reconciliation should indicate whether there
is a biological basis to assume a resulting harm in
humans. Animal data shall be reviewed with regard
to its relevancy to humans.
‘‘(2) Where a site-specific risk assessment in-
volves selection of any significant default value, as-
sumption, inference, or model, the risk assessment
document shall, to the extent feasible—
‘‘(A) present a representative list and ex-
planation of plausible and alternative assump-
tions, inferences, or models;
‘‘(B) explain the basis for any choices;
‘‘(C) identify any policy or value judg-
ments;
‘‘(D) fully describe any model used in the
risk assessment and make explicit the assump-
tions incorporated in the model; and
‘‘(E) indicate the extent to which any sig-
nificant model has been validated by, or con-
flicts with, empirical data.
‘‘(3) The site-specific risk assessment shall
meet each of the following requirements regarding
risk characterization and communication:
530
ing employment assistance to Native Americans and mi-
grant and seasonal farmworkers in accordance with this
subchapter.
(c) PERIOD OF GRANTS.—A grant received under
subsection (a) or (b), as the case may be, may extend for
a period of not more than 5 fiscal years. The payments
under such grant shall be subject to annual approval of
the Secretary and the availability of appropriations for
each fiscal year.
SEC. 10013. ALLOCATION.
In providing grants to States under section 10012 for
a fiscal year, the Secretary shall, to the extent practicable,
allocate the amount appropriated for such fiscal year as
follows:
(1) 331⁄3 percent shall be allocated on the basis
of the relative number of unemployed individuals re-
siding in areas of substantial unemployment within
each State as compared to the total number of such
unemployed individuals in all such areas of substan-
tial unemployment in all States.
(2) 331⁄3 percent shall be allocated on the basis
of the relative excess number of unemployed individ-
uals within each State as compared to the total ex-
cess number of unemployed individuals in all States.