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641 of title 10, United States Code, is repealed.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 Ad-
ministration.
(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
(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.
(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.
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
and the preventability or nonpreventability of
risks.
‘‘(D) Each site-specific risk assessment
shall include a statement of any significant sub-
stitution risks to human health, where informa-
tion on such risks has been provided to the
Under Secretary.
‘‘(E) If a commenter provides the Under
Secretary with a relevant risk assessment and a
summary thereof in a timely fashion and the
risk assessment is consistent with the principles
and the guidance provided under this section,
the Under Secretary shall, to the extent fea-
sible, present such summary in connection with
the presentation of the site-specific risk assess-
ment. Nothing in this paragraph shall be con-
strued to limit the inclusion of any comments or
material supplied by any person to the adminis-
trative record of any proceeding.
‘‘(4) A site-specific risk assessment may satisfy
the requirements of subparagraph (C), (D), or (E)
of paragraph (3) by reference to information or ma-
terial otherwise available to the public if the docu-
ment provides a brief summary of such information
or material.
‘‘SEC. 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) 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.
(b) 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 Secretary of Energy shall terminate all
fossil energy research and development activities and
energy conservation research and development activi-
ties of the Department of Energy.
(3) ENERGY SUPPLY RESEARCH AND DEVELOP-
MENT.—The Secretary of Energy shall terminate all
Energy Supply Research and Development activities
of the Department of Energy, including Basic En-
ergy Sciences, Magnetic Fusion Energy, Solar and
Renewable Energy, Nuclear Fission, and Biological
and Environmental Sciences research and develop-
ment.
(c) 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 2001, 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 2001, other
than the activity described as ‘‘Naval Reactors’’.
(d) 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 (b) and (c), 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
2002 through 2006.
SEC. 603. 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(b), (c), and (d), 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 EN-
ERGY.—