I
104TH CONGRESS
1ST SESSION
H. R. 1993
To abolish the Department of Energy.
IN THE HOUSE OF REPRESENTATIVES
JUNE 30, 1995
Mr. TIAHRT (for himself, Mr. BROWNBACK, Mr. BASS, Mr. BARTLETT of
Maryland, Mr. COBURN, Mr. CREMEANS, Mr. FOLEY, Mr. SHADEGG, Mr.
ARMEY, Mr. DELAY, Mr. BOEHNER, Mr. KASICH, Mr. SOLOMON, Mr.
SCARBOROUGH, Mr. NEUMANN, Mr. HOSTETTLER, Mr. EWING, Mrs.
WALDHOLTZ, Mrs. MYRICK, Mr. SMITH of Michigan, Mr. PACKARD, Mr.
PARKER, Mr. CHRISTENSEN, Mr. CRANE, Mr. DORNAN, Mr. LOBIONDO,
Mr. STOCKMAN, Mr. HANCOCK, Mr. HOEKSTRA, Mr. WICKER, Mrs.
SEASTRAND, Mr. ROYCE, Mr. GUTKNECHT, Mr. CHRYSLER, Mrs. LOWEY,
Mr. 
MILLER
of 
Florida, 
Mr. 
HUTCHINSON, 
Mr. 
KLUG, 
Mr.
FUNDERBURK, Mr. LINDER, Mr. HOKE, Ms. DUNN of Washington, Mr.
TATE, Mr. WHITE, Mr. NETHERCUTT, Mr. METCALF, Mrs. CUBIN, Mrs.
CHENOWETH, Mr. SAM JOHNSON of Texas, and Mrs. SMITH of Washing-
ton) introduced the following bill; which was referred to the Committee
on Commerce, and in addition to the Committees on National Security,
Science, Resources, Rules, and Government Reform and Oversight, 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 com-
mittee 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 ac-
tions.
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. Transfer of naval petroleum reserves to Department of the Interior;
sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).
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 120-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
120-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 follow-
ing 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.—
Section 5315 of title 5, United States Code, is amended—
(1) 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 Energy Research, Depart-
ment of Energy.’’; and
(2) by striking the following item:
‘‘Chief Financial Officer, Department of En-
ergy.’’.
(g) INSPECTOR GENERAL ACT OF 1978.—The In-
spector General Act of 1978 (5 U.S.C. App.) is amend-
ed—
(1) in section 9(a)(1), by striking subparagraph
(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.) 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.
(d) TERMS.—The term of each member of the Com-
mission shall expire on the termination of the Commission
under subsection (l).
(e) MEETINGS.—Each meeting of the Commission,
other than meetings in which classified information is to
be discussed, shall be open to the public.
(f) VACANCIES.—A vacancy in the Commission shall
be filled in the same manner as the original appointment.
(g) PAY AND TRAVEL EXPENSES.—
(1) BASIC PAY.—
(A) PAY
OF
MEMBERS.—Each member,
other than the Chairperson, shall be paid at a
rate equal to the daily equivalent of the mini-
mum annual rate of basic pay payable for level
IV of the Executive Schedule under section
5315 of title 5, United States Code, for each
day (including travel time) during which the
member is engaged in the actual performance of
duties vested in the Commission.
(B) PAY
OF
CHAIRPERSON.—The Chair-
person shall be paid for each day referred to in
subparagraph (A) at a rate equal to the daily
equivalent of the minimum annual rate of basic
pay payable for level III of the Executive
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, with-
out regard to section 5311(b) of title 5, United
States Code, appoint a Director who—
(A) has not served as a civilian employee
of the Department of Energy during the 2-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 contrac-
tor 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 carry-
ing 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. To the extent practicable, the
Commission shall use suitable real property available
under the most recent inventory of real property as-
sets published by the Resolution Trust Corporation
under section 21A(b)(11)(F) of the Federal Home
Loan Bank Act (12 U.S.C. 1441a(b)(12)(F)).
(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) eliminate duplication of effort by energy
laboratories and reduce overhead costs as a propor-
tion of program benefits distributed through an en-
ergy laboratory;
(3) seek to achieve cost savings for the overall
budget for such laboratories;
(4) define appropriate missions for each energy
laboratory, and ensure that the activities of each
such laboratory are focused on its mission or mis-
sions;
(5) 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;
(6) consider the number of participants in pro-
grams conducted through an energy laboratory and
staff resources involved;
(7) estimate the cost savings and increases that
would accrue through the reconfiguration of energy
laboratories;
(8) consider the potential of each energy labora-
tory to generate revenues or to offset costs;
(9) consider the transfer of energy laboratories
to other Federal agencies;
(10) consider the privatization of the energy
laboratories as an alternative to closure or reconfig-
uration; and
(11) be subject to the requirements of section
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.