(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
policy to provide for the safe and timely dis-
posal of spent nuclear fuel by establishing a
schedule for the siting, construction, and oper-
ation of deep geologic repositories, assigning the
responsibility for implementation of the pro-
gram to the Department of Energy, and estab-
lishing the Nuclear Waste Fund to cover the
costs of the Federal disposal program to be
paid by utility ratepayers and owners;
(G) since the enactment of the Nuclear
Waste Policy Act of 1982, utility ratepayers
and 
owners 
have 
paid 
more 
than
$10,000,000,000 into the Nuclear Waste Fund;
(H) under the schedule established in the
Nuclear Waste Policy Act of 1982, the Depart-
ment of Energy, in return for the payment of
the fees by utility ratepayers and owners, is di-
rected to dispose of spent nuclear fuel begin-
ning not later than January 31, 1998;
(I) despite the 14 years that have passed
since the enactment of the Nuclear Waste Pol-
icy Act of 1982 and the expenditure of over
$4,000,000,000, the Department of Energy has
fallen behind schedule, and the projected date
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-
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