I
106TH CONGRESS
1ST SESSION
H. R. 1649
To abolish the Department of Energy.
IN THE HOUSE OF REPRESENTATIVES
APRIL 29, 1999
Mr. TIAHRT (for himself, Mr. ROYCE, Mr. ROHRABACHER, Mr. SANFORD,
Mrs. MYRICK, Mr. PITTS, Mr. DOOLITTLE, Mr. SUNUNU, Mr. POMBO,
Mr. COBURN, Mr. SHADEGG, Mr. GOSS, Mr. RYUN of Kansas, Mr. KA-
SICH, Mr. FOLEY, Mr. MILLER of Florida, Mrs. KELLY, Mr. WELDON
of Florida, Mr. PAUL, Mr. BARTLETT of Maryland, Mr. DELAY, Mr.
EHRLICH, Mr. BLUNT, and Mr. MCINTOSH) introduced the following bill;
which was referred to the Committee on Commerce, and in addition to
the Committees on Armed Services, Science, Resources, Rules, and Gov-
ernment Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To abolish the Department of Energy.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Department of Energy
Abolishment Act’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—ABOLISHMENT OF DEPARTMENT OF ENERGY
Sec. 101. Reestablishment of Department as Energy Programs Resolution
Agency.
Sec. 102. Functions.
Sec. 103. Deputy Administrator.
Sec. 104. Continuation of service of Department officers.
Sec. 105. Reorganization.
Sec. 106. Abolishment of Energy Programs Resolution Agency.
Sec. 107. GAO report.
Sec. 108. Conforming amendments.
Sec. 109. Effective date.
TITLE II—ENERGY LABORATORY FACILITIES
Sec. 201. Energy Laboratory Facilities Commission.
Sec. 202. Procedure for making recommendations for laboratory facilities.
Sec. 203. Reconfiguration, privatization, and closure of energy laboratories.
Sec. 204. Implementation of reconfiguration, privatization, and closure actions.
Sec. 205. Account.
Sec. 206. Reports on implementation.
Sec. 207. Congressional consideration of Commission report.
Sec. 208. Definitions.
TITLE III—PRIVATIZATION OF FEDERAL POWER MARKETING
ADMINISTRATIONS
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Sale of assets.
Sec. 304. Time of sales.
Sec. 305. Rate stabilization for affected customers.
Sec. 306. Licensing of projects to preserve current operating conditions.
Sec. 307. Enabling Federal studies.
Sec. 308. Bonneville Power Administration.
Sec. 309. Definitions.
TITLE IV—TRANSFER AND DISPOSAL OF RESERVES
Sec. 401. Strategic Petroleum Reserve.
Sec. 402. Disposal of remaining naval petroleum reserves.
TITLE V—NATIONAL SECURITY AND ENVIRONMENTAL
MANAGEMENT PROGRAMS
Subtitle A—Defense Nuclear Programs Administration
Sec. 501. Establishment and organization of Defense Nuclear Programs Ad-
ministration.
Sec. 502. Officers.
Sec. 503. Transfers of functions.
Sec. 504. Limitation on transfers of funds.
Sec. 505. Transition provisions.
Sec. 506. Technical and conforming amendments.
Sec. 507. Effective date and transition period.
Sec. 508. Report on civilian counterpart for Naval Nuclear Propulsion Pro-
gram.
Subtitle B—Environmental Restoration Activities at Defense Nuclear
Facilities
Sec. 521. Environmental restoration activities at Defense nuclear facilities.
Sec. 522. Renegotiation of compliance agreements.
TITLE VI—DISPOSITION OF MISCELLANEOUS PARTICULAR
PROGRAMS, FUNCTIONS, AND AGENCIES OF DEPARTMENT
Sec. 601. Energy research and development.
Sec. 602. Energy Information Administration.
Sec. 603. Energy Regulatory Administration.
Sec. 604. Effective date.
TITLE VII—CIVILIAN RADIOACTIVE WASTE MANAGEMENT
Sec. 701. Nuclear waste repository.
Sec. 702. Reaffirmation of obligation to accept radioactive waste and spent nu-
clear fuel by 1998.
Sec. 703. Initial storage facility.
TITLE VIII—MISCELLANEOUS PROVISIONS
Sec. 801. References.
Sec. 802. Exercise of authorities.
Sec. 803. Savings provisions.
Sec. 804. Transfer of assets.
Sec. 805. Delegation and assignment.
Sec. 806. Authority of Office of Management and Budget with respect to func-
tions transferred.
Sec. 807. Proposed changes in law.
Sec. 808. Certain vesting of functions considered transfer.
Sec. 809. Definitions.
TITLE I—ABOLISHMENT OF
DEPARTMENT OF ENERGY
SEC. 101. REESTABLISHMENT OF DEPARTMENT AS ENERGY
PROGRAMS RESOLUTION AGENCY.
(a) REESTABLISHMENT.—The Department of En-
ergy is hereby redesignated as the Energy Programs Reso-
lution 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
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 Act or any other law, the President may, at any
time after the date of the enactment of this Act, ap-
point an individual to serve as Administrator of the
Energy Programs Resolution Agency (who may be
the Secretary of Energy), as such position is estab-
lished under paragraph (1). An appointment under
this paragraph may not be construed to affect the
position of Secretary of Energy or the authority of
the Secretary before the effective date specified in
section 109(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 102 and the other provisions of
this Act;
(2) the administration and wind-up, during the
wind-up period, of any outstanding obligations of the
Federal Government under any programs terminated
or repealed by this Act; and
(3) taking such other actions as may be nec-
essary, before the termination date, to wind up any
outstanding affairs of the Department of Energy.
SEC. 102. FUNCTIONS.
Except as otherwise provided in this Act, the Admin-
istrator shall perform all functions that, immediately be-
fore the effective date of this section, were functions of
the Department of Energy (or any office of the Depart-
ment) or were performed by the Secretary of Energy or
any other officer or employee of the Department in the
capacity as such officer or employee.
SEC. 103. 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.
SEC. 104. CONTINUATION OF SERVICE OF DEPARTMENT OF-
FICERS.
(a) CONTINUATION OF SERVICE OF SECRETARY.—
The individual serving on the effective date specified in
section 109(a) as the Secretary of Energy may serve and
act as Administrator until the date an individual is ap-
pointed under this title to the position of Administrator,
or until the end of the 210-day period provided for in sec-
tion 3348 of title 5, United States Code (relating to limita-
tions on the period of time a vacancy may be filled tempo-
rarily), whichever is earlier.
(b) CONTINUATION OF SERVICE OF OTHER OFFI-
CERS.—An individual serving on the effective date speci-
fied in section 109(a) as an officer of the Department of
Energy other than the Secretary of Energy may continue
to serve and act in an equivalent capacity in the Agency
until the date an individual is appointed under this title
to the position of Administrator, or until the end of the
210-day period provided for in section 3348 of title 5,
United States Code (relating to limitations on the period
of time a vacancy may be filled temporarily) with respect
to that appointment, whichever is earlier.
(c) COMPENSATION FOR CONTINUED SERVICE.—Any
person—
(1) who acts as the Administrator under sub-
section (a), or
(2) who serves under subsection (b),
after the effective date specified in section 109(a) and be-
fore 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. 105. REORGANIZATION.
The Administrator may allocate or reallocate any
function of the Agency pursuant to this Act among the
officers of the Agency, and may establish, consolidate,
alter, or discontinue in the Energy Programs Resolution
Agency any organizational entities that were entities of
the Department of Energy, as the Administrator considers
necessary or appropriate.
SEC. 106. ABOLISHMENT OF ENERGY PROGRAMS RESOLU-
TION AGENCY.
(a) IN GENERAL.—Effective on the termination date
under subsection (d), the Energy Programs Resolution
Agency is abolished.
(b) ABOLITION OF FUNCTIONS.—Except for func-
tions transferred or otherwise continued by this Act, all
functions that, immediately before the termination date,
were functions of the Energy Programs Resolution Agency
are abolished effective on the termination date.
(c) PLAN FOR WINDING UP AFFAIRS.—Not later
than the effective date specified in section 109(a), the
President shall submit to the Congress a plan for winding
up the affairs of the Agency in accordance with this Act
and not by later than the termination date under sub-
section (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. 107. 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 Act—
(1) the complete abolishment of the Depart-
ment of Energy; and
(2) the termination or transfer or other con-
tinuation of the functions of the Department of En-
ergy.
SEC. 108. CONFORMING AMENDMENTS.
(a) PRESIDENTIAL SUCCESSION.—Section 19(d)(1)
of title 3, United States Code, is amended by striking
‘‘Secretary of Energy,’’.
(b) EXECUTIVE DEPARTMENTS.—Section 101 of title
5, United States Code, is amended by striking the fol-
lowing item:
‘‘The Department of Energy.’’.
(c) SECRETARY’S COMPENSATION.—Section 5312 of
title 5, United States Code, is amended by striking the
following item:
‘‘Secretary of Energy.’’.
(d) DEPUTY SECRETARY’S COMPENSATION.—Section
5313 of title 5, United States Code, is amended by strik-
ing the following item:
‘‘Deputy Secretary of Energy.’’.
(e) UNDER SECRETARY’S COMPENSATION.—Section
5314 of title 5, United States Code, is amended by strik-
ing the following item:
‘‘Under Secretary, Department of Energy.’’.
(f) MISCELLANEOUS OFFICERS’ COMPENSATION.—
(1) Section 5315 of title 5, United States Code, is
amended—
(A) by striking the following items:
‘‘Assistant Secretaries of Energy (8).
‘‘General Counsel of the Department of Energy.
‘‘Administrator, Economic Regulatory Adminis-
tration, Department of Energy.
‘‘Administrator, Energy Information Adminis-
tration, Department of Energy.
‘‘Inspector General, Department of Energy.
‘‘Director, Office of Science, Department of En-
ergy.’’;
(B) by striking the following item:
‘‘Chief Financial Officer, Department of En-
ergy.’’; and
(C) by striking the following item:
‘‘Chief Information Officer, Department of En-
ergy.’’.
(2) Section 5316 of title 5, United States Code, is
amended by striking the following item:
‘‘Additional Officers, Department of Energy
(14).’’.
(g) INSPECTOR GENERAL ACT OF 1978.—The In-
spector General Act of 1978 (5 U.S.C. App.) is
amended—
(1) in section 9(a)(1), by striking subparagraph
(E);
(2) in section 11(1), by striking ‘‘Energy,’’;
(3) in section 11(2), by striking ‘‘Energy,’’;
(h) DEPARTMENT
OF
ENERGY
ORGANIZATION
ACT.—Effective on the termination date, the following
provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), and the items relating thereto
in the table of contents of that Act, are repealed:
(1) Sections 1 and 2.
(2) Titles I, II, and III.
SEC. 109. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this title 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 title shall take ef-
fect on the date of the enactment of this Act:
(1) Section 101(b).
(2) Section 106(c).
(3) Section 107.
TITLE II—ENERGY LABORATORY
FACILITIES
SEC. 201. ENERGY LABORATORY FACILITIES COMMISSION.
(a) ESTABLISHMENT.—There is established an inde-
pendent commission to be known as the ‘‘Energy Labora-
tory Facilities Commission’’, for the purpose of reducing
the number of energy laboratories and programs at those
laboratories, through reconfiguration, privatization, and
closure, while preserving the traditional role the energy
laboratories have contributed to the national defense.
(b) DUTIES.—The Commission shall carry out the
duties specified for the Commission in this title.
(c) APPOINTMENT.—
(1) IN
GENERAL.—The Commission shall be
composed of 7 members appointed by the President,
by and with the advice and consent of the Senate.
The President shall transmit to the Senate the
nominations for appointment to the Commission not
later than 3 months after the date of the enactment
of this Act.
(2) CONSULTATION.—In selecting individuals
for nominations for appointments to the Commis-
sion, the President should consult with—
(A) the Speaker of the House of Rep-
resentatives concerning the appointment of 2
members; and
(B) the majority leader of the Senate con-
cerning the appointment of 2 members.
(3) CHAIRPERSON.—At the time the President
nominates individuals for appointment to the Com-
mission, the President shall designate one such indi-
vidual who shall serve as Chairperson of the Com-
mission.
Schedule under section 5314 of title 5, United
States Code.
(2) TRAVEL EXPENSES.—Members shall receive
travel expenses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
(h) DIRECTOR.—
(1) IN GENERAL.—The Commission shall ap-
point a Director who—
(A) has not served as a civilian employee
of the Department of Energy during the 4-year
period preceding the date of such appointment;
(B) has not been an employee of an energy
laboratory during the 5-year period preceding
the date of such appointment; and
(C) has not been an employee of a con-
tractor operating an energy laboratory during
the 5-year period preceding the date of such ap-
pointment.
(2) PAY.—The Director shall be paid at the
rate of basic pay payable for level IV of the Execu-
tive Schedule under section 5315 of title 5, United
States Code.
(i) STAFF.—
(1) APPOINTMENT BY DIRECTOR.—Subject to
paragraphs (2) and (3), the Director, with the ap-
proval of the Commission, may appoint and fix the
pay of additional personnel.
(2) APPLICABILITY OF CERTAIN CIVIL SERVICE
LAWS.—The Director may make such appointments
without regard to the provisions of title 5, United
States Code, governing appointments in the competi-
tive service, and any personnel so appointed may be
paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relat-
ing to classification and General Schedule pay rates,
except that an individual so appointed may not re-
ceive pay in excess of the annual rate of basic pay
payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(3) LIMITATIONS.—Not more than one-third of
the personnel employed by or detailed to the Com-
mission shall be individuals employed by the Depart-
ment of Energy on the day before the date of the
enactment of this Act. No employee of an energy
laboratory, or of a contractor who operates an en-
ergy laboratory, may be detailed to the Commission.
(4) SUPPORT FROM OTHER AGENCIES.—Upon
request of the Director, the head of a Federal agen-
cy may detail any of the personnel of that agency to
the Commission to assist the Commission in car-
rying out its duties under this title.
(5) SUPPORT FROM COMPTROLLER GENERAL.—
The Comptroller General of the United States shall
provide assistance, including the detailing of employ-
ees, to the Commission in accordance with an agree-
ment entered into with the Commission.
(j) OTHER AUTHORITY.—
(1) TEMPORARY
AND
INTERMITTENT
SERV-
ICES.—The Commission may procure by contract, to
the extent funds are available, the temporary or
intermittent services of experts or consultants pursu-
ant to section 3109 of title 5, United States Code.
(2) AUTHORITY TO LEASE SPACE AND ACQUIRE
CERTAIN
PROPERTY.—The Commission may lease
space and acquire personal property to the extent
funds are available.
(k) FUNDING.—There are authorized to be appro-
priated to the Commission such funds as are necessary
to carry out its duties under this title. Such funds shall
remain available until expended.
(l) TERMINATION.—The Commission shall terminate
not later than 30 days after the date on which it transmits
its final recommendations under section 202(f)(4).
SEC. 202. PROCEDURE FOR MAKING RECOMMENDATIONS
FOR LABORATORY FACILITIES.
(a) SELECTION CRITERIA.—In making recommenda-
tions for the reconfiguration, privatization, and closure of
energy laboratories and termination of programs at such
laboratories under this section, the Secretary or the Ad-
ministrator, as appropriate, and the Commission shall—
(1) give strong consideration to the closure or
reconfiguration of energy laboratories;
(2) give strong consideration to consolidating
single-purpose laboratories into multipurpose labora-
tories;
(3) eliminate duplication of effort by energy
laboratories and reduce overhead costs as a propor-
tion of program benefits distributed through an en-
ergy laboratory;
(4) seek to achieve cost savings for the overall
budget for such laboratories;
(5) define appropriate missions for each energy
laboratory, and ensure that the activities of each
such laboratory are focused on its mission or mis-
sions;
(6) consider the program costs and program
distributions on a State and county basis, including
real and personal property costs associated with
each energy laboratory considered;
(7) consider the number of participants in pro-
grams conducted through an energy laboratory and
staff resources involved;
(8) estimate the cost savings and increases that
would accrue through the reconfiguration of energy
laboratories;
(9) consider the potential of each energy labora-
tory to generate revenues or to offset costs;
(10) consider the transfer of energy laboratories
to other Federal agencies;
(11) consider the privatization of the energy
laboratories as an alternative to closure or reconfig-
uration; and
(12) be subject to the requirements of section
601 of this Act.
(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
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
Budget shall enter into a contract with an independent
financial 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-
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-
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. 203. RECONFIGURATION, PRIVATIZATION, AND CLO-
SURE OF ENERGY LABORATORIES.
(a) IN GENERAL.—Subject to subsection (b), the
Secretary or the Administrator, as appropriate, shall—
(1) reconfigure, within 1 year after the date of
the transmittal of the final report under section
202(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 202(f)(4), of all en-
ergy 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 202(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 202(f)(4) if a
joint resolution is enacted, in accordance with the
provisions of section 207, disapproving the rec-
ommendations of the Commission before the earlier
of—
(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) EXCLUDED DAYS.—For purposes of para-
graph (1) of this subsection and subsections (a) and
(c) of section 207, the days on which either House
of Congress is not in session because of an adjourn-
ment of more than three days to a day certain shall
be excluded in the computation of a period.
SEC. 204. IMPLEMENTATION OF RECONFIGURATION, PRI-
VATIZATION, AND CLOSURE ACTIONS.
(a) 
IMPLEMENTATION.—In 
reconfiguring,
privatizing, or closing an energy laboratory under this
title, the Secretary or the Administrator, as appropriate,
shall—
(1) take such actions as may be necessary to re-
configure, 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
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 title—
(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
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-
privatizing, or closing such energy laboratories included
in any appropriations or authorization Act.
SEC. 205. 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
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 204(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-
ties under this title, the Secretary or the Adminis-
trator, as appropriate, shall transmit a report to the
congressional energy committees of the amount and
nature of the deposits into, and the expenditures
from, the Account during such fiscal year and of the
amount and nature of other expenditures made pur-
suant to section 204(a) during such fiscal year.
(2) UNOBLIGATED FUNDS.—Unobligated funds
shall be held in the Account until transferred by law.
SEC. 206. 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 title, 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
title in the fiscal year for which the request is made
and an estimate of the total expenditures required
and cost savings to be achieved by each such recon-
figuration, privatization, or closure and of the time
period in which these savings are to be achieved in
each case; and
(2) a description of the energy laboratories to
which functions are to be transferred as a result of
such reconfigurations, privatizations, and closures.
SEC. 207. CONGRESSIONAL CONSIDERATION OF COMMIS-
SION REPORT.
(a) TERMS OF THE RESOLUTION.—For purposes of
section 203(b), the term ‘‘joint resolution’’ means only a
joint resolution which is introduced within the 10-day pe-
riod beginning on the date on which the Commission
transmits the report to the Congress under section
202(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
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 202(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
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
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).
(B) With respect to a resolution described
in paragraph (1) of the House receiving the
resolution—
(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
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. 208. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘Account’’ means the Energy
Laboratory Facility Closure Account established in
section 205(a).
(2) The term ‘‘Administrator’’ has the meaning
given such term in section 809(1) of this Act.
(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-
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 Con-
tinuous Electron Beam Accelerator Facility, the En-
ergy Technology Engineering Center, the Environ-
mental Measurements Laboratory, the Fermi Na-
tional Accelerator Laboratory, the Inhalation Toxi-
cology Research Institute, the Laboratory of
Radiobiology and Environmental Health, the Mor-
gantown Energy Technology Center, the National
Renewable Energy Laboratory, the New Brunswick
Laboratory, the Oak Ridge Institute for Science and
Education, the Pittsburgh Energy Technology Cen-
ter, the Princeton Plasma Physics Laboratory, the
Savannah River Ecology Laboratory, the Savannah
River Technology Center, the Specific Manufac-
turing 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
109(a), the Administrator.
TITLE 
III—PRIVATIZATION 
OF
FEDERAL 
POWER 
MAR-
KETING ADMINISTRATIONS
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Federal Power Asset
Privatization Act of 1999’’.
SEC. 302. 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.
SEC. 303. 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 other than the Bonneville Power Administration. No
foreign person or corporation may purchase any such fa-
cilities; 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 other than the Bonne-
ville Power Administration. The heads of other affected
Federal departments and agencies shall assist the Sec-
retary 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 deter-
mining 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
title, within 30 days of enactment of this section, the
Secretary shall, through a competitive bidding proc-
ess, 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
containing—
(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
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 304. At least 1 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.
(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 title 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 Mar-
keting Administration (other than the Bonneville Power
Administration) in accordance with this title, the Sec-
retary 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 title shall 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. 304. TIME OF SALES.
(a) SCHEDULE.—The Secretary of Energy shall com-
plete the sale of the electric power generation and trans-
mission assets referred to in section 303 in accordance
with the following schedule:
Power Administration
Sale Completion Date
Southeastern
Before September 30, 2001
Southwestern
Before September 30, 2002
Western Area
Before September 30, 2003
(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.
SEC. 305. RATE STABILIZATION FOR AFFECTED CON-
SUMERS.
So that the affected consumers of the Federal Power
Marketing Administrations are not impacted by severe
rate increases, each purchaser of electric power generation
facilities providing electric power to customers within any
region shall be required, as part of the agreement to pur-
chase such facilities, to insure that the price at which elec-
tric 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 con-
sumer is at least equal to the average market rate for
wholesale electric power sales within the region concerned,
as determined by the Financial Advisor.
SEC. 306. LICENSING OF PROJECTS TO PRESERVE CUR-
RENT OPERATING CONDITIONS.
(a) ORIGINAL LICENSE.—Simultaneously with the
sale of hydroelectric generation facility under this title, 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-
cense shall expire on the date 10 years after the date of
the sale of the facility and shall contain standard terms
and conditions for hydroelectric power licenses issued
under part 1 of such Act for facilities installed at Federal
water projects, together with such additional terms and
conditions as the Commission deems necessary, in con-
sultation 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, con-
tracts, and other requirements as were applicable prior to
the sale. The Commission shall publish such license terms
and conditions for each facility to be sold under this title
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 jurisdiction under part 1 of the
Federal Power Act over any hydroelectric generation facil-
ity sold under this title.
SEC. 307. ENABLING FEDERAL STUDIES.
Section 505 of the Energy and Water Development
Appropriations Act of 1993 (Public Law 102–377) is
hereby repealed.
SEC. 308. BONNEVILLE POWER ADMINISTRATION.
(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 Bonneville Power Administration (BPA) on the day
before the effective date of this section.
(b) STUDY REGARDING FUTURE OF BONNEVILLE
POWER ADMINISTRATION.—The Secretary of the Interior
shall conduct a study, taking into consideration any rel-
evant factor, including debt, statutory or treaty obliga-
tions, to determine which option regarding the future dis-
position of BPA represents the most cost-effective option
for both the Pacific Northwest and the United States as
a whole.
(c) REPORT REGARDING STUDY.—The Secretary
shall submit to Congress a report describing the results
of the study and containing such recommendations as con-
sistent with the findings of the report within 1 year after
the enactment of this Act.
SEC. 309. DEFINITIONS.
For purposes of this title:
(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 title, such duties shall be vested in the Secretary
of the Interior.
TITLE IV—TRANSFER AND
DISPOSAL OF RESERVES
SEC. 401. 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) SALE OF CERTAIN RESERVES.—Notwithstanding
section 161 of the Energy Policy and Conservation Act,
the Secretary of the Interior shall sell 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 sale of reserves under sub-
section (b) and its effects on petroleum markets; and
(B) within 60 days after the completion of such
sale, submit to the Congress a report containing rec-
ommendations 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-
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 109(a).
SEC. 402. DISPOSAL OF REMAINING NAVAL PETROLEUM
RESERVES.
(a) DEFINITION.—For purposes of this section, the
term ‘‘naval petroleum reserves’’ has the meaning given
that term in section 7420(2) of title 10, United States
Code, except that the term does not include Naval Petro-
leum Reserve Numbered 1 (Elk Hills).
(b) TRANSFER OF FUNCTIONS.—There are trans-
ferred to the Administrator of the Energy Programs Reso-
lution Agency all functions performed with respect to the
naval petroleum reserves.
(c) DISPOSAL OF RESERVES.—
(1) DISPOSAL WITHIN 1 YEAR.—The Adminis-
trator shall, to the maximum extent practicable, take
appropriate actions to carry out the disposal of the
naval petroleum reserves not later than 1 year after
the date of enactment of this Act.
(2) PRICE.—In carrying out the disposal, the
Administrator shall obtain the highest possible price
for the naval petroleum reserves.
(3) JOINT
PLAN.—The Administrator shall
carry out the disposal in accordance with a plan
jointly developed by the Administrator and the Sec-
retary of the Interior.
(d) TRANSFER OF REMAINING RESERVES.—At the
end of the 1-year period beginning on the date of enact-
ment of this Act, the Administrator shall transfer to the
Secretary of the Interior all functions performed by the
Administrator with respect to the portions of the naval
petroleum reserves that are not disposed of by the Admin-
istrator under subsection (c) during that period.
(e) CONFORMING AMENDMENTS.—(1)(A) Chapter
641 of title 10, United States Code, is repealed.
(B) The table of chapters at the beginning of subtitle
C of title 10, United States Code, and at the beginning
of part IV of that subtitle, are each amended by striking
the item relating to chapter 641.
(2) The amendments made by paragraph (1) shall
take effect 1 year after the date of enactment of this Act.
TITLE V—NATIONAL SECURITY
AND ENVIRONMENTAL MAN-
AGEMENT PROGRAMS
Subtitle A—Defense Nuclear
Programs Administration
SEC. 501. ESTABLISHMENT AND ORGANIZATION OF DE-
FENSE NUCLEAR PROGRAMS ADMINISTRA-
TION.
(a) ESTABLISHMENT.—There is established in the
Department of Defense a Defense Nuclear Programs Ad-
ministration.
(b) UNDER SECRETARY.—The Under Secretary of
Defense for Defense Nuclear Programs is the head of the
Administration. The Under Secretary is responsible for
the exercise of all powers and the discharge of all duties
of the Administration.
(c) TRANSFERRED FUNCTIONS.—The Under Sec-
retary shall carry out the functions transferred to the
Under Secretary pursuant to section 503 through the
Administration.
(d) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, the Under Secretary of Defense for
Defense Nuclear Programs may, for purposes of per-
forming a function that is transferred to the Under Sec-
retary by this subtitle, 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 performance of that function on the day before
the date of the enactment of this Act.
SEC. 502. OFFICERS.
(a) UNDER SECRETARY OF DEFENSE.—(1) Chapter
4 of title 10, United States Code, is amended by inserting
after section 136 the following new section:
‘‘§ 136a. Under Secretary of Defense for Defense Nu-
clear Programs; Deputy Under Secretary
‘‘(a) There is an Under Secretary of Defense for De-
fense Nuclear Programs, appointed from civilian life by
the President, by and with the advice and consent of the
Senate. A person may not be appointed as Under Sec-
retary within 10 years after relief from active duty as a
commissioned officer of a regular component of an armed
force.
‘‘(b)(1) The Under Secretary shall serve as the prin-
cipal adviser to the President and the Secretary of Defense
on defense nuclear programs matters. In carrying out his
duties under the Department of Energy Abolishment Act,
the Under Secretary shall, subject to the authority, direc-
tion, and control of the Secretary of Defense, have pri-
mary responsibility within the Government for defense nu-
clear programs matters.
‘‘(2) In this subsection, the term ‘‘defense nuclear
programs matters’’ means matters related to the military
use of nuclear energy and nuclear weapons, including all
such matters, other than matters related to naval nuclear
propulsion functions of the Department of Energy, that
were under the jurisdiction of the following entities on the
day before the date of the enactment of the Department
of Energy Abolishment Act:
‘‘(A) The Department of Energy.
‘‘(B) The Defense Threat Reduction Agency of
the Department of Defense.
‘‘(C) The Defense Nuclear Facilities Safety
Board.
‘‘(c)(1) There is a Deputy Under Secretary of De-
fense for Defense Nuclear Programs, appointed from civil-
ian life by the President, by and with the advice and con-
sent of the Senate. A person may not be appointed as
Under Secretary within 10 years after relief from active
duty as a commissioned officer of a regular component of
an armed force.
‘‘(2) The Deputy Under Secretary shall perform such
duties and exercise such powers as the Under Secretary
may prescribe. The Deputy Under Secretary shall act for,
and exercise the powers of, the Under Secretary during
the Under Secretary’s absence or disability or during a
vacancy in such office.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘136a. Under Secretary of Defense for Defense Nuclear Programs; Deputy
Under Secretary.’’.
(b) ASSISTANT SECRETARIES.—Section 138 of title
10, United States Code, is amended—
(1) in subsection (a), by striking ‘‘nine’’ and in-
serting ‘‘eleven’’; and
(2) in subsection (b), by inserting after para-
graph (2) the following new paragraph:
‘‘(3) Two of the Assistant Secretaries shall report to
the Under Secretary of Defense for Defense Nuclear Pro-
grams and shall carry out such duties and exercise such
powers within the Defense Nuclear Programs Administra-
tion as the Under Secretary may prescribe. One of those
Assistant Secretaries shall have as his principal duty the
overall supervision of environmental restoration of defense
nuclear weapons facilities. The other of those Assistant
Secretaries shall have as his principal duty the overall su-
pervision of the oversight of the defense and nondefense
functions and budgets of the Sandia National Labora-
tories, the Los Alamos National Laboratory, and the Law-
rence Livermore National Laboratory (or whatever labora-
tories (or portions of laboratories) carrying out the func-
tions of such laboratories remain after reconfiguration,
privatization, or closure (if any) pursuant to title II of
the Department of Energy Abolishment Act).’’.
(c) INSPECTOR GENERAL.—There shall be an Inspec-
tor General of the Administration, who shall be appointed
as provided in section 3 of the Inspector General Act of
1978 (5 U.S.C. App. 3). The Inspector General shall per-
form the duties, have the responsibilities, and exercise the
powers specified in the Inspector General Act of 1978 (5
U.S.C. App. 3).
(d) GENERAL COUNSEL.—There shall be a General
Counsel of the Administration, 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 Administration.
(e) PLACEMENT OF POSITIONS IN THE EXECUTIVE
SCHEDULE.—Chapter 53 of title 5, United States Code,
is amended as follows:
(1) Section 5313 is amended by inserting after
the item relating to the Under Secretary of Defense
for Acquisition and Technology the following:
‘‘Under Secretary of Defense for Defense Nu-
clear Programs.’’.
(2) Section 5314 is amended by adding at the
end the following:
‘‘Deputy Under Secretary of Defense for De-
fense Nuclear Programs.’’.
(3) Section 5315 is amended—
(A) by striking ‘‘(9)’’ after ‘‘Assistant Sec-
retaries of Defense’’ and inserting ‘‘(11)’’; and
(B) by adding at the end the following:
‘‘Inspector General, Defense Nuclear Programs
Administration.’’.
(4) Section 5316 is amended—
(A) by striking the item relating to the As-
sistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs,
Department of Defense; and
(B) by adding at the end the following:
‘‘General Counsel, Defense Nuclear Programs
Administration, Department of Defense.’’.
SEC. 503. TRANSFERS OF FUNCTIONS.
(a) DEPARTMENT OF ENERGY.—
(1) NATIONAL
SECURITY
FUNCTIONS.—There
are hereby transferred to the Under Secretary of
Defense for Defense Nuclear Programs all functions
performed by the Department of Energy on the day
before the date of the enactment of this Act relating
to the national security functions of the Department,
including defense, nonproliferation, and defense-re-
lated environmental management programs, but not
including the naval nuclear propulsion program car-
ried out by the Department of Energy.
(2) 
NATIONAL
LABORATORIES.—There 
are
hereby transferred to the Under Secretary all func-
tions performed by the Department of Energy on
the day before the date of the enactment of this Act
relating to the oversight of the defense and non-
defense functions and budgets of the following lab-
oratories:
(A) Sandia National Laboratories, Albu-
querque, New Mexico, and Livermore, Cali-
fornia.
(B) Los Alamos National Laboratory, Los
Alamos, New Mexico.
(C) Lawrence Livermore National Labora-
tory, California.
(b) DEFENSE THREAT REDUCTION AGENCY.—There
are hereby transferred to the Under Secretary all func-
tions performed by the Defense Threat Reduction Agency
of the Department of Defense on the day before the date
of the enactment of this Act relating to nuclear weapons
systems.
(c) 
DEFENSE
NUCLEAR
FACILITIES
SAFETY
BOARD.—There are hereby transferred to the Under Sec-
retary all functions performed by the Defense Nuclear Fa-
cilities Safety Board on the day before the date of the en-
actment of this Act.
(d) OTHER NUCLEAR WEAPONS-RELATED FUNC-
TIONS.—The Secretary of Defense may transfer to the
Under Secretary such other functions performed by the
Department of Defense on the day before the date of the
enactment of this Act relating to nuclear weapons as the
Secretary considers appropriate.
SEC. 504. LIMITATION ON TRANSFERS OF FUNDS.
(a) TRANSFERS FROM ACCOUNTS OF THE DNPA.—
No amount appropriated to the Defense Nuclear Pro-
grams Administration may be transferred to any other ac-
count (other than another account of the Administration)
unless the transfer of such amount to such account is spe-
cifically authorized by law.
(b) TRANSFERS TO ACCOUNTS OF THE DNPA.—No
amount appropriated to the Department of Defense or an-
other department or agency may be transferred to the
Under Secretary of Defense for Defense Nuclear Pro-
grams or to an account for the Defense Nuclear Programs
Administration unless the transfer of such amount to such
account is specifically authorized by law.
SEC. 505. TRANSITION PROVISIONS.
(a) AUTHORITIES TO WIND UP AFFAIRS.—
(1) DEPARTMENT OF ENERGY.—The Director
of the Office of Management and Budget may take
such actions as the Director considers necessary to
wind up any outstanding affairs of the Department
of Energy associated with the functions that are
transferred pursuant to section 503(a).
(2) DEPARTMENT
OF
DEFENSE.—The Sec-
retary of Defense may take such actions as the Sec-
retary considers necessary to wind up any out-
standing affairs of the Defense Threat Reduction
Agency associated with the functions that are trans-
ferred pursuant to section 503(b), any outstanding
affairs of the Department of Defense associated with
any functions that may be transferred pursuant to
section 503(d), and any outstanding affairs of the
Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs.
(3) DEFENSE
NUCLEAR
FACILITIES
SAFETY
BOARD.—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.
(b) TRANSFER OF ASSETS.—So much of the per-
sonnel, property, records, and unexpended balances of ap-
propriations, allocations, and other funds employed, used,
held, available, or to be made available in connection with
a function transferred to the Under Secretary of Defense
for Defense Nuclear Programs by this subtitle are trans-
ferred to the Under Secretary for use in connection with
the function transferred.
(c) FURTHER MEASURES AND DISPOSITIONS.—Such
further measures and dispositions as the President con-
siders necessary to effectuate the transfers referred to in
subsections (a) and (b) shall be carried out in such man-
ner as the President directs and by the heads of such
agencies as the President designates.
SEC. 506. 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 Administration of the Depart-
ment of Defense,’’; and
(2) in paragraph (2), by striking out ‘‘Commu-
nity Service, or’’ and inserting ‘‘Community Service,
the Defense Nuclear Programs Administration of
the Department of Defense,’’.
(b) CONFORMING REPEALS.—
(1) ASSISTANT
TO
THE
SECRETARY
OF
DE-
FENSE FOR NUCLEAR AND CHEMICAL AND BIOLOGI-
CAL DEFENSE PROGRAMS.—Section 142 of title 10,
United States Code, is repealed. The table of sec-
tions at the beginning of chapter 4 of such title is
amended by striking the item relating to such sec-
tion.
(2) DEFENSE
NUCLEAR
FACILITIES
SAFETY
BOARD.—Chapter 21 of title I of the Atomic Energy
Act of 1954 (42 U.S.C. 2286) is repealed.
(3) REFERENCES.—Any reference to the Assist-
ant to the Secretary of Defense for Nuclear and
Chemical and Biological Defense Programs 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 of Defense for Defense
Nuclear Programs.
(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 of Defense for Defense
Nuclear Programs shall designate the Staff Director of the
Council.’’.
SEC. 507. EFFECTIVE DATE AND TRANSITION PERIOD.
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this subtitle shall take effect on the date of
the enactment of this Act.
(b) DELAYED EFFECTIVE DATE FOR ESTABLISH-
MENT OF AGENCY AND TRANSFERS OF FUNCTIONS.—
Section 501(a) and section 503 shall take effect one year
after the date of the enactment of this Act.
(c) TRANSITION PERIOD.—The Secretary of Defense,
the Secretary of Energy, the Assistant to the Secretary
of Defense for Nuclear and Chemical and Biological De-
fense Programs, and the Defense Nuclear Facilities Safety
Board shall, beginning as soon as practicable after the
date of the enactment of this Act, plan for the orderly
establishment of, and transfer of functions to, the Defense
Nuclear Programs Administration pursuant to this sub-
title.
(d) APPOINTMENT AUTHORITY.—The President may
make appointments under the amendments made by sec-
tion 502 notwithstanding the effective date under sub-
section (b) for the establishment of the Defense Nuclear
Programs Administration.
SEC. 508. REPORT ON CIVILIAN COUNTERPART FOR NAVAL
NUCLEAR PROPULSION PROGRAM.
Not later than six months after the date of the enact-
ment of this Act, the Energy Laboratory Facilities Com-
mission established under title II shall submit to Congress
a report containing the recommendations of the Commis-
sion for a civilian entity to perform the functions that were
performed by the Department of Energy relating to the
naval nuclear propulsion program on the day before the
date of the enactment of this Act. In preparing the report,
the Commission may not consider recommending for the
performance of those functions the Defense Nuclear Pro-
grams Administration or any other entity within the De-
partment of Defense.
Subtitle 
B—Environmental 
Res-
toration Activities at Defense
Nuclear Facilities
SEC. 521. ENVIRONMENTAL RESTORATION ACTIVITIES AT
DEFENSE NUCLEAR FACILITIES.
(a) IN GENERAL.—The Comprehensive Environ-
mental 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 
V—ENVIRONMENTAL
RESTORATION ACTIVITIES AT
DEFENSE NUCLEAR FACILI-
TIES
‘‘Subtitle A—General Provisions
‘‘SEC. 501. APPLICABILITY.
‘‘Notwithstanding section 120, the provisions of this
title shall apply with respect to selection of remedial ac-
tions at defense nuclear facilities.
‘‘SEC. 502. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) The term ‘‘defense nuclear facility’’ means
any of the following:
‘‘(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-
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).
‘‘(E) Any facility described in subpara-
graphs (A) through (D) 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 Ad-
ministrator of the Environmental Protection Agency.
‘‘Subtitle B—Selection of Remedial
Action
‘‘SEC. 511. REVIEW OF ONGOING AND PLANNED REMEDIAL
ACTIONS.
‘‘(a) REVIEW OF ONGOING AND PLANNED ACTIVI-
TIES.—Not later than one year after the date of the enact-
ment of this title, the Under Secretary shall review each
remedial action described in subsection (b) for purposes
of determining whether the remedial action was selected
in a manner consistent with the requirements of this sub-
title. If the Under Secretary determines the selection was
not consistent with the requirements of this subtitle, the
Under Secretary shall modify the remedial action in a
manner consistent with the requirements of this subtitle.
The Under Secretary shall, to the maximum extent prac-
ticable, ensure the minimization of any delays in the per-
formance of the remedial action that result from the
Under Secretary’s activities under this subsection.
‘‘(b) COVERED REMEDIAL ACTIONS.—Subsection (a)
applies to any remedial action at a defense nuclear
facility—
‘‘(1) 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
‘‘(2) for which construction is planned but has
not yet commenced as of such date of enactment.
‘‘SEC. 512. 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 513 and an analysis of risk re-
duction benefits and costs conducted in accordance with
section 514.
‘‘(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 514, 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.
‘‘(c) CONSULTATION.—Before selection of 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
514 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,
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. 513. 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;
‘‘(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,
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:
‘‘(A) The risk characterization shall de-
scribe the populations or natural resources
which are the subject of the risk characteriza-
tion. If a numerical estimate of risk is provided,
the agency shall, to the extent feasible,
provide—
‘‘(i) the best estimate or estimates for
the specific populations or natural re-
sources which are the subject to the char-
acterization (based on the information
available to the Federal agency); and
‘‘(ii) a statement of the reasonable
range of scientific uncertainties.
In addition to such best estimate or estimates,
the risk characterization document may present
plausible upper-bound or conservative estimates
in conjunction with plausible lower-bound esti-
mates. Where appropriate, the risk character-
ization document may present, in lieu of a sin-
gle best estimate, multiple best estimates based
on assumptions, inferences, or models which are
equally plausible, given current scientific under-
standing. To the extent practicable and appro-
priate, the document shall provide descriptions
of the distribution and probability of risk esti-
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
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
‘‘SEC. 514. 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
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-
tence the following new sentence: ‘‘This subsection also
shall not apply to the extent otherwise provided in title
V with respect to selection of remedial actions at defense
nuclear facilities.’’.
SEC. 522. RENEGOTIATION OF COMPLIANCE AGREEMENTS.
(a) REQUIREMENT.—For each defense nuclear facil-
ity with respect to which a compliance agreement has been
entered into by the Secretary of Energy, the Adminis-
trator of the Environmental Protection Agency, and a
State as of the date of the enactment of this Act, the
Under Secretary of Defense for Defense Nuclear Pro-
grams shall enter into negotiations with the Administrator
of the Environmental Protection Agency and the State
concerned to renegotiate the terms of the compliance
agreement to reflect title V of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980, as added by section 521(a).
(b) DEADLINE.—The Under Secretary of Defense for
Defense Nuclear Programs shall complete renegotiation of
compliance agreements as required by subsection (a) not
later than one year after the date of the enactment of this
Act.
TITLE VI—DISPOSITION OF MIS-
CELLANEOUS 
PARTICULAR
PROGRAMS, FUNCTIONS, AND
AGENCIES OF DEPARTMENT
SEC. 601. ENERGY RESEARCH AND DEVELOPMENT.
(a) AUTHORIZATION.—
(1) LIMITATIONS.—The amount which may be
appropriated for Energy Supply Research and De-
velopment activities of the Department of Energy,
including Basic Energy Sciences, Magnetic Fusion
Energy, Solar and Renewable Energy, Nuclear Fis-
sion, and Biological and Environmental Sciences re-
search and development, and all other research and
development activities of the Department of Energy
other than General Science and Research activities,
shall not exceed—
(A) for fiscal year 2000, 75 percent of the
budget authority available for such purposes for
fiscal year 1999;
(B) for fiscal year 2001, 50 percent of the
budget authority available for such purposes for
fiscal year 1999;
(C) for fiscal year 2002, 50 percent of the
budget authority available for such purposes for
fiscal year 1999;
(D) for fiscal year 2003, 50 percent of the
budget authority available for such purposes for
fiscal year 1999; and
(E) for fiscal year 2004, 50 percent of the
budget authority available for such purposes for
fiscal year 1999.
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘budget authority’’ has the mean-
ing given such term in section 3(2) of the Congres-
sional Budget Act of 1974.
(b) RECOMMENDATIONS.—Within 1 year of the date
of the enactment of this Act, the Energy Laboratory Fa-
cilities Commission established under section 201(a) of
this Act shall identify in a report to Congress all research
and development activities of the Department of Energy
carried out at energy laboratories (as such term is defined
in section 208(5) of this Act) or at institutions of higher
education, that perform a critical research function of im-
portance to the long-term economic wellbeing of the
United States. Such report shall include recommendations
for the transfer of such activities to appropriate Federal
agencies.
(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.
(2) FOSSIL ENERGY AND ENERGY CONSERVA-
TION.—The amount which may be appropriated to
the Secretary of Energy—
(A) for fossil energy research and develop-
ment activities of the Department of Energy
shall not exceed—
(i) for fiscal year 2000, 75 percent of
the budget authority available for such
purposes for fiscal year 1999;
(ii) for fiscal year 2001, 50 percent of
the budget authority available for such
purposes for fiscal year 1999; and
(iii) for fiscal year 2002, 25 percent
of the budget authority available for such
purposes for fiscal year 1999; and
(B) for energy conservation research and
development activities of the Department of En-
ergy shall not exceed—
(i) for fiscal year 2000, 75 percent of
the budget authority available for such
purposes for fiscal year 1999;
(ii) for fiscal year 2001, 50 percent of
the budget authority available for such
purposes for fiscal year 1999; and
(iii) for fiscal year 2002, 25 percent
of the budget authority available for such
purposes for fiscal year 1999.
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
2002.
(d) TRANSFER OF PROGRAMS.—The following activi-
ties of the Department of Energy shall, no later than 60
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 2000, including
weapons stockpile stewardship and management.
(2) All activities described under the category
‘‘Other Defense Activities’’ in the annual budget re-
quest of the President for fiscal year 2000, other
than the activity described as ‘‘Naval Reactors’’.
(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. 602. 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 $40,000,000 for each of the fiscal years
2000 through 2004.
SEC. 603. ENERGY REGULATORY ADMINISTRATION.
There are hereby transferred to the Attorney General
all functions performed by the Energy Regulatory Admin-
istration on the day before the effective date of this sec-
tion.
SEC. 604. EFFECTIVE DATE.
(a) GENERAL RULE.—Except as provided in sub-
section (b), this title shall take effect on the date specified
in section 109(a) of this Act.
(b) EXCEPTIONS.—Section 601(c), (d), and (e), shall
take effect on the date of the enactment of this Act.
TITLE 
VII—CIVILIAN 
RADIO-
ACTIVE WASTE MANAGEMENT
SEC. 701. TRANSFER OF AUTHORITY TO THE SECRETARY
OF THE ARMY.
(a) TRANSFER.—Effective at the expiration of the 3d
calendar month beginning after the date of 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:
‘‘ARMY CORPS OF ENGINEERS
‘‘SEC. 304. (a) TRANSFER.—The Office of Civilian
Radioactive Waste Management (referred to in this sec-
tion as the ‘office’) is terminated and the authority and
assets of the office with respect to its activities under title
I respecting a repository for radioactive waste and spent
nuclear fuel is transferred to the Army Corps of Engineers
(referred to in this section as the ‘Corps’). In connection
with the transfer, the Corps shall assume all contracts and
other obligations of the office with respect to the Yucca
Mountain site and the permits from the State of Nevada
for the site shall be reissued for the Corps.
‘‘(b) YUCCA MOUNTAIN SITE.—The Corps shall re-
view the characterization plan of, and the work under-
taken by, the office for the Yucca Mountain site. Effective
6 months after the transfer under subsection (a), the
Corps shall prepare its own site characterization plan in
accordance with section 113. The plan shall be submitted
to the Nuclear Waste Technical Review Board for its re-
view and comments. If the Yucca Mountain site is found
to be suitable, the Corps shall be responsible for managing
the design and construction of the site. Once completed,
the site shall be operated by the Corps in accordance with
this Act. The Corps shall provide benefits to the State of
Nevada in accordance with subtitle F of title I.
‘‘(c) OTHER SITE.—If the Yucca Mountain site is
found to be unsuitable, the Corps shall undertake a site
characterization plan for another site.’’.
(b) CONFORMING AMENDMENTS.—
(1) TABLE OF CONTENTS.—The table of con-
tents in section 1 of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. prec. 10101) is amended by
striking the item relating to section 304 and insert-
ing the following:
‘‘Sec. 304. Army Corps of Engineers.’’.
(2) REFERENCES
TO
THE
SECRETARY
OF
ENERGY.—
(A) DEFINITION.—Section 2(20) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(20)) is amended by striking ‘‘Secretary
of Energy’’ and inserting ‘‘Secretary of the
Army’’.
(B) SECTION
111.—Section 111(a)(5) of
the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10131(a)(5)) is amended by striking
‘‘Secretary of Energy’’ and inserting ‘‘Sec-
retary’’.
(3) REFERENCES
TO
THE
DEPARTMENT
OF
ENERGY.—
(A) DEFINITION.—Section 2(8) of the Nu-
clear Waste Policy Act of 1982 (42 U.S.C.
10101(8)) is amended by striking ‘‘Department
of Energy’’ and inserting ‘‘Department of the
Army’’.
(B) NUCLEAR WASTE TECHNICAL REVIEW
BOARD.—Section 502(b)(3)(C)(iii) of the Nu-
clear Waste Policy Act of 1982 (42 U.S.C.
10262(b)(3)(C)(iii)) is amended to read as fol-
lows:
‘‘(iii) No person shall be nominated for appointment
to the Board who is an employee of—
‘‘(I) the Department of Defense;
‘‘(II) a national laboratory under contract with
the Department of Defense; or
‘‘(III) an entity performing high-level radio-
active waste or spent nuclear fuel activities under
contract with the Department of Defense.’’.
(C) OTHER
PROVISIONS.—The Nuclear
Waste Policy Act of 1982 is amended in each
of the following provisions by striking ‘‘Depart-
ment of Energy’’ and inserting ‘‘Department’’:
(i) Section 136(f)(2).
(ii) Section 224(b).
(iii) Section 302(e)(2).
(4) REFERENCE TO THE OFFICE OF CIVILIAN
WASTE
MANAGEMENT.—Section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101) is
amended by striking paragraph (17).
SEC. 702. REAFFIRMATION OF OBLIGATION TO ACCEPT RA-
DIOACTIVE WASTE AND SPENT NUCLEAR
FUEL BY 1998.
(a) FINDINGS AND PURPOSES.—
(1) FINDINGS.—Congress finds that—
(A) the generation of electricity by nuclear
reactors results in the production of spent nu-
clear fuel;
(B) about 24,000 metric tons of spent nu-
clear fuel have been produced by the Nation’s
operating nuclear power plants, and an addi-
tional 50,000 metric tons of spent nuclear fuel
is expected to be produced during the terms of
their current licenses;
(C) the vast majority of commercial spent
nuclear fuel is currently stored in individual
water-filled pools at reactor sites throughout
the Nation;
(D) the storage pools for the temporary
storage of spent nuclear fuel are nearing capac-
ity at many of the reactor sites;
(E) since the beginning of the commercial
nuclear power industry in the 1960’s, the Fed-
eral Government has had the responsibility to
provide for the disposal of commercial spent nu-
clear fuel;
(F) Congress enacted the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101 et seq.)
in order to codify the Federal responsibility and
for commencement of operation of a repository,
under optimistic assumptions, is 2010;
(J) the Nuclear Waste Policy Act of 1982
currently prohibits the selection of a site for a
monitored retrievable storage facility until a
site for a permanent repository has been
selected;
(K) the Federal Government, under the
Nuclear Waste Policy Act of 1982, has an abso-
lute obligation to accept spent nuclear fuel be-
ginning not later than January 31, 1998; and
(L) the General Accounting Office and
other technical experts have indicated that
greater 
privatization 
would 
enhance 
cost
efficiencies.
(2) PURPOSES.—The purposes of this section
are—
(A) to ensure that the Secretary of the
Army fulfills what was formerly the responsi-
bility of the Secretary of Energy to site, con-
struct, and operate temporary and permanent
nuclear waste disposal facilities in a safe and
timely manner; and
(B) to reaffirm the obligation of the Fed-
eral Government under the Nuclear Waste Pol-
icy Act of 1982 to provide for the safe disposal
of spent nuclear fuel beginning not later than
January 31, 1998.
(b) REAFFIRMATION OF OBLIGATION OF SECRETARY
OF ENERGY.—Section 302(a) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10222(a)) is amended by adding
at the end the following:
‘‘(7) The obligation of the Secretary under paragraph
(5) to accept high-level radioactive waste and spent nu-
clear fuel beginning not later than January 31, 1998, is
absolute and is not dependent on the commencement of
operation of a repository or a monitored retrievable stor-
age facility. That obligation shall not be voided or delayed
for any reason.’’.
(c) SITING OF MONITORED RETRIEVABLE STORAGE
FACILITY.—
(1) REPEAL OF SITE SELECTION LIMITATION.—
Section 145 of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10165) is amended by striking sub-
section (b).
(2) REPEAL OF LICENSING CONDITIONS.—Sec-
tion 148 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10168) is amended by striking sub-
section (d).
SEC. 703. INITIAL STORAGE FACILITY.
(a) LICENSE.—The facility for the initial storage of
not more than 40,000 metric tons of uranium at Area 25
of the Nevada Test Site shall be licensed by the Nuclear
Regulatory Commission for an unspecified period, in ac-
cordance with the Commission’s regulations governing the
licensing of independent spent fuel storage installations,
without regard to section 148 (a) or (d) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10168 (a), (d)).
(b) EXPANSION.—
(1) OPERATION
CONSISTENT
WITH
CURRENT
LAW.—The initial storage facility shall be expand-
able for the subsequent transportation and interim
storage of up to 100,000 metric tons of uranium
and shall be operational, consistent with sections
135(a)(4), 137(a), 141(a), and 148 (a), (b), and (c)
of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10155(4), 10157(a), 10161(a), 10168 (a), (b), (c)).
(2) REPEALS.—Sections 131 (a)(3) and (b)(2),
135(a) (1) and (2), 135 (d) and (e), 141(g), 145,
146, and 148(d) (1), (3), and (4) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10151 (a)(3),
(b)(2), 10155 (a)(1), (2), (d), 10161(g), 10165,
10168(d) (1), (3), (4)) are repealed.
(c) REVIEW OF PROGRAM.—The Secretary of the
Army shall review the activities of the initial storage facil-
ity program, including all cooperative agreements, inter-
national commitments, and university assistance, and
shall make available to those entities amounts, that are
commensurate with the revised program for nuclear waste
disposal activities.
(d) PROGRAM PLAN AND SCHEDULE.—The Secretary
of the Army shall submit to the Congress within 90 days
a revised program plan and schedule, including a new 5-
year budget, that addresses the construction and operation
of the interim storage capability, the revised site charac-
terization program at the Yucca Mountain site, and the
results of the Secretary’s review of the program’s institu-
tional activities.
(e) GAO REPORT.—Not later than 180 days after the
date of enactment of this Act, the Comptroller General
of the United States shall conduct a study and submit to
Congress a report on the extent to which the management
of civilian radioactive waste by the private sector might
result in cost efficiencies and the means by which the re-
sponsibility for performing management of civilian radio-
active waste may be transferred to the private sector.
TITLE VIII—MISCELLANEOUS
PROVISIONS
SEC. 801. 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 Act—
(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
(2) to the Department of Energy is deemed to
refer to the department or office to which such func-
tion is transferred.
SEC. 802. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal offi-
cial to whom a function is transferred by this Act 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 Act.
SEC. 803. 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 Act, or any other Govern-
ment official, or by a court of competent jurisdic-
tion, in the performance of any function that is
transferred by this Act, and
(2) that are in effect on the effective date of
such transfer (or become effective after such date
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 Act 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 Act, but such proceedings and applica-
tions shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and pay-
ments shall be made pursuant to such orders, as if this
Act had not been enacted, and orders issued in any such
proceeding shall continue in effect until modified, termi-
nated, superseded, or revoked by a duly authorized official,
by a court of competent jurisdiction, or by operation of
law. Nothing in this subsection shall be considered to pro-
hibit the discontinuance or modification of any such pro-
ceeding under the same terms and conditions and to the
same extent that such proceeding could have been discon-
tinued or modified if this Act had not been enacted.
(c) SUITS.—This Act 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 Act 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 Act, shall abate by reason of the enactment of this
Act.
(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 Act 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 appli-
cable, substituted or added as a party.
SEC. 804. TRANSFER OF ASSETS.
Except as otherwise provided in this Act, 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
connection with a function transferred to an official by
this Act 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. 805. DELEGATION AND ASSIGNMENT.
Except as otherwise expressly prohibited by law or
otherwise provided in this Act, an official to whom func-
tions are transferred under this Act (including the head
of any office to which functions are transferred under this
Act) may delegate any of the functions so transferred 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 necessary or ap-
propriate. No delegation of functions under this section
or under any other provision of this Act shall relieve the
official to whom a function is transferred under this Act
of responsibility for the administration of the function.
SEC. 806. 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 Act.
(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 Act, and to make such additional inci-
dental dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances 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 nec-
essary to carry out the provisions of this Act. The Director
of the Office of Management and Budget shall provide for
the termination of the affairs of all entities terminated by
this Act and for such further measures and dispositions
as may be necessary to effectuate the purposes of this Act.
SEC. 807. 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 Act.
SEC. 808. CERTAIN VESTING OF FUNCTIONS CONSIDERED
TRANSFER.
For purposes of this title, the vesting of a function
in a department or office pursuant to reestablishment of
an office shall be considered to be the transfer of the func-
tion.
SEC. 809. DEFINITIONS.
Except as otherwise provided in this Act, for purposes
of this Act 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 106(d).
(6) WIND-UP PERIOD.—The term ‘‘wind-up pe-
riod’’ means the period beginning on the effective
date specified in section 109(a) and ending on the
termination date.
Æ