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 res-
olution—
(i) the procedure in that House shall
be the same as if no resolution had been
received from the other House; but
(ii) the vote on final passage shall be
on the resolution of the other House.
(2) CONSIDERATION
AFTER
DISPOSITION
BY
OTHER HOUSE.—Upon disposition of the resolution
received from the other House, it shall no longer be
in order to consider the resolution that originated in
the receiving House.
(f) RULES OF THE SENATE AND HOUSE.—This sec-
tion is enacted by Congress—
(1) as an exercise of the rulemaking power of
the Senate and House of Representatives, respec-
tively, and as such it is deemed a part of the rules
of each House, respectively, but applicable only with
respect to the procedure to be followed in that
House in the case of a resolution described in sub-
section (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional
right of either House to change the rules (so far as
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 Bettis
Atomic Power Laboratory, the Continuous Electron
Beam Accelerator Facility, the Energy Technology
Engineering Center, the Environmental Measure-
ments Laboratory, the Fermi National Accelerator
Laboratory, the Inhalation Toxicology Research In-
stitute, the Knolls Atomic Power Laboratory, the
Laboratory of Radiobiology and Environmental
Health, the Morgantown Energy Technology Center,
the National Renewable Energy Laboratory, the
New Brunswick Laboratory, the Oak Ridge Institute
for Science and Education, the Pittsburgh Energy
Technology Center, the Princeton Plasma Physics
Laboratory, the Savannah River Ecology Labora-
tory, the Savannah River Technology Center, the
Specific Manufacturing Capability Facility, or the
Stanford Linear Accelerator Facility.
(6) The term ‘‘the Secretary or the Adminis-
trator, as appropriate’’ means the Secretary of En-
ergy, or, after the effective date stated in section
109(a), the Administrator.
TITLE 
III—PRIVATIZATION 
OF
FEDERAL 
POWER 
MARKET-
ING ADMINISTRATIONS
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Federal Power Asset
Privatization Act of 1995’’.
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 determin-
ing the highest possible price, the value of future tax
revenues shall be included.
(2) RETENTION
OF
FINANCIAL
ADVISOR.—In
order to conduct the sales authorized by this section
in such manner as will produce the highest possible
price for the facilities to be sold consistent with this
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 con-
taining—
(A) a description of those assets described
in subsection (a) which, in the opinion of the fi-
nancial advisor, can be successfully transferred
to private sector ownership or operation;
(B) the value of each such asset, calculated
on the basis of the valuation method or meth-
ods which the financial advisor deems most ap-
propriate to a particular asset;
(C) the appropriate alternative trans-
actional methods for transferring each such
asset to private sector ownership or operation;
(D) the amount of proceeds which the fi-
nancial advisor estimates would be paid to the
United States Government as a result of such
transaction, including the present value of fu-
ture revenue from taxes and any other future
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 one year before
the date of any sale specified in such schedule, the Sec-
retary, in consultation with the Secretary of the Army and
the Secretary of the Interior, and based on the rec-
ommendations of the financial advisor, shall select the fa-
cilities or groups of facilities to be sold and establish the
terms and conditions of the sale.
(d) FORMER EMPLOYEES OF PMAS.—It is the sense
of the Congress that the purchaser of any such facilities
should offer to employ, where possible, former employees
of the Federal Power Marketing Administrations in con-
nection with the operation of the facilities following their
purchase.
(e) PROCEEDS.—The Secretary of Energy shall de-
posit sale proceeds in the Treasury of the United States
to the credit of miscellaneous receipts.
(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 Market-
ing Administration (other than the Bonneville Power Ad-
ministration) in accordance with this title, the Secretary
of Energy shall—
(1) complete the business of, and close out,
such administration; and
(2) prepare and submit to Congress a report
documenting the sales.
(h) TREATMENT OF SALES FOR PURPOSES OF CER-
TAIN LAWS.—The sales of assets under this 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.—During the next 5 years, the Sec-
retary of Energy shall complete the sale of the electric
power generation and transmission assets referred to in
section 303 in accordance with the following schedule:
Power Administration
Sale Completion Date
Alaska
Before September 30, 1996
Southeastern
Before September 30, 1997
Power Administration
Sale Completion Date
Southwestern
Before September 30, 1998
Western Area
Before September 30, 1999
(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 CONSUM-
ERS.
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
consumer 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 jursidiction 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 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. TRANSFER OF NAVAL PETROLEUM RESERVES TO
DEPARTMENT OF THE INTERIOR; SALE OF
NAVAL PETROLEUM RESERVE NUMBERED 1
(ELK HILLS).
(a) TRANSFER OF JURISDICTION.—The Secretary of
Energy shall transfer the naval petroleum reserves (as de-
fined in section 7420(2) of title 10, United States Code)
from the jurisdiction and control of the Department of En-
ergy to the jurisdiction and control of the Department of
the Interior. The transfer required by this subsection shall
be made without compensation or reimbursement.
(b) TIME FOR TRANSFER.—The transfer required by
subsection (a) shall be made as soon as possible after the
date of the enactment of this Act, but in no case later
than one year after that date.
(c) SALE OF ELK HILLS UNIT REQUIRED.—Chapter
641 of title 10, United States Code, is amended by insert-
ing after section 7421 the following new section:
‘‘§ 7421a. Sale of Naval Petroleum Reserve Numbered
1 (Elk Hills)
‘‘(a) SALE REQUIRED.—(1) Notwithstanding any
other provision of this chapter, the Secretary shall sell all
right, title, and interest of the United States in and to
lands owned or controlled by the United States inside
Naval Petroleum Reserve Numbered 1, commonly referred
to as the Elk Hills Unit, located in Kern County, Califor-
nia, and established by Executive order of the President,
dated September 2, 1912. Within one year after the effec-
tive date, the Secretary shall enter into one or more con-
tracts for the sale of all of the interest of the United
States in the reserve.
‘‘(2) In this section:
‘‘(A) The term ‘reserve’ means Naval Petroleum
Reserve Numbered 1.
‘‘(B) The term ‘unit plan contract’ means the
unit plan contract between equity owners of the
lands within the boundaries of Naval Petroleum Re-
serve Numbered 1 entered into on June 19, 1944.
‘‘(C) The term ‘effective date’ means the date
of the enactment of the Department of Energy Abol-
ishment Act.
‘‘(b) EQUITY FINALIZATION.—(1) Not later than five
months after the effective date, the Secretary shall finalize
equity interests of the known oil and gas zones in Naval
Petroleum Reserve Numbered 1 in the manner provided
by this subsection.
‘‘(2) The Secretary shall retain the services of an
independent petroleum engineer, mutually acceptable to
the equity owners, who shall prepare a recommendation
on final equity figures. The Secretary may accept the rec-
ommendation of the independent petroleum engineer for
final equity in each known oil and gas zone and establish
final equity interest in the Naval Petroleum Reserve Num-
bered 1 in accordance with such recommendation, or the
Secretary may use such other method to establish final
equity interest in the reserve as the Secretary considers
appropriate.
‘‘(3) If, on the effective date, there is an ongoing eq-
uity redetermination dispute between the equity owners
under section 9(b) of the unit plan contract, such dispute
shall be resolved in the manner provided in the unit plan
contract within five months after the effective date. Such
resolution shall be considered final for all purposes under
this section.
‘‘(c) TIMING AND ADMINISTRATION OF SALE.—(1)
Not later than two months after the effective date, the
Secretary shall retain the services of five independent ex-
perts in the valuation of oil and gas fields to conduct sepa-
rate assessments, in a manner consistent with commercial
practices, of the fair market value of the interest of the
United States in Naval Petroleum Reserve Numbered 1.
In making their assessments, the independent experts
shall consider (among other factors) all equipment and fa-
cilities to be included in the sale, the net present value
of the reserve, and the net present value of the anticipated
revenue stream that the Secretary determines the Treas-
ury would receive from the reserve if the reserve were not
sold, adjusted for any anticipated increases in tax reve-
nues that would result if the reserve were sold. The inde-
pendent experts shall complete their assessments within
five months after the effective date. In setting the mini-
mum acceptable price for the reserve, the Secretary shall
consider the average of the five assessments or, if more
advantageous to the Government, the average of three as-
sessments after excluding the high and low assessments.
‘‘(2) Not later than two months after the effective
date, the Secretary shall retain the services of an invest-
ment banker to independently administer, in a manner
consistent with commercial practices and in a manner that
maximizes sale proceeds to the Government, the sale of
Naval Petroleum Reserve Numbered 1 under this section.
‘‘(3) Not later than five months after the effective
date, the sales administrator selected under paragraph (2)
shall complete a draft contract for the sale of Naval Petro-
leum Reserve Numbered 1, which shall accompany the in-
vitation for bids and describe the terms and provisions of
the sale of the interest of the United States in the reserve.
The draft contract shall identify all equipment and facili-
ties to be included in the sale. The draft contract, includ-
ing the terms and provisions of the sale of the interest
of the United States in the reserve, shall be subject to
review and approval by the Secretary, the Secretary of the
Treasury, and the Director of the Office of Management
and Budget.
‘‘(4) Not later than six months after the effective
date, the Secretary shall publish an invitation for bids for
the purchase of the reserve.
‘‘(5) Not later than nine months after the effective
date, the Secretary shall accept the highest responsible
offer for purchase of the interest of the United States in
Naval Petroleum Reserve Numbered 1 that meets or ex-
ceeds the minimum acceptable price determined under
paragraph (1).
‘‘(d) FUTURE LIABILITIES.—The United States shall
hold harmless and fully indemnify the purchaser of the
interest of the United States in Naval Petroleum Reserve
Numbered 1 from and against any claim or liability as
a result of ownership in the reserve by the United States.
‘‘(e) TREATMENT
OF
STATE
OF
CALIFORNIA
CLAIM.—(1) All claims against the United States by the
State of California or the Teachers’ Retirement Fund of
the State of California with respect to land within the
Naval Petroleum Reserve Numbered 1 or production or
proceeds of sale from the reserve shall be resolved only
as follows:
‘‘(A) A payment from funds provided for this
purpose in advance in appropriation Acts.
‘‘(B) A grant of nonrevenue generating land in
lieu of such a payment pursuant to sections 2275
and 2276 of the Revised Statutes of the United
States (43 U.S.C. 851 and 852).
‘‘(C) Any other means that would not be incon-
sistent with the Congressional Budget Act of 1974
(2 U.S.C. 621 et seq.).
‘‘(D) Any combination of subparagraphs (A),
(B), and (C).
‘‘(2) The value of any payment, grant, or means (or
combination thereof) under paragraph (1) may not exceed
an amount equal to seven percent of the proceeds from
the sale of the reserve, after deducting the costs incurred
to conduct the sale.
‘‘(f) PRODUCTION ALLOCATION FOR SALE.—(1) As
part of the contract for purchase of Naval Petroleum Re-
serve Numbered 1, the purchaser of the interest of the
United States in the reserve shall agree to make up to
25 percent of the purchaser’s share of annual petroleum
production from the purchased lands available for sale to
small refiners, which do not have their own adequate
sources of supply of petroleum, for processing or use only
in their own refineries. None of the reserved production
sold to small refiners may be resold in kind. The purchaser
of the reserve may reduce the quantity of petroleum re-
served under this subsection in the event of an insufficient
number of qualified bids. The seller of this petroleum pro-
duction has the right to refuse bids that are less than the
prevailing market price of comparable oil.
‘‘(2) The purchaser of the reserve shall also agree to
ensure that the terms of every sale of the purchaser’s
share of annual petroleum production from the purchased
lands shall be so structured as to give full and equal op-
portunity for the acquisition of petroleum by all interested
persons, including major and independent oil producers
and refiners alike.
‘‘(g) MAINTAINING
ELK
HILLS
UNIT
PRODUC-
TION.—Until the sale of Naval Petroleum Reserve Num-
bered 1 is completed under this section, the Secretary shall
continue to produce the reserve at the maximum daily oil
or gas rate from a reservoir, which will permit maximum
economic development of the reservoir consistent with
sound oil field engineering practices in accordance with
section 3 of the unit plan contract. The definition of maxi-
mum efficient rate in section 7420(6) of this title shall
not apply to the reserve.
‘‘(h) EFFECT ON EXISTING CONTRACTS.—(1) In the
case of any contract, in effect on the effective date, for
the purchase of production from any part of the United
States’ share of Naval Petroleum Reserve Numbered 1,
the sale of the interest of the United States in the reserve
shall be subject to the contract for a period of three
months after the closing date of the sale or until termi-
nation of the contract, whichever occurs first. The term
of any contract entered into after the effective date for
the purchase of such production shall not exceed the an-
ticipated closing date for the sale of the reserve.
‘‘(2) The Secretary shall exercise the termination pro-
cedures provided in the contract between the United
States and Bechtel Petroleum Operation, Inc., Contract
Number DE–ACO1–85FE60520 so that the contract ter-
minates not later than the date of closing of the sale of
Naval Petroleum Reserve Numbered 1 under subsection
(c).
‘‘(3) The Secretary shall exercise the termination pro-
cedures provided in the unit plan contract so that the unit
plan contract terminates not later than the date of closing
of the sale of reserve under subsection (c).
‘‘(i) EFFECT ON ANTITRUST LAWS.—Nothing in this
section shall be construed to alter the application of the
antitrust laws of the United States to the purchaser of
Naval Petroleum Reserve Numbered 1 or to the lands in
the reserve subject to sale under this section upon the
completion of the sale.
‘‘(j) PRESERVATION OF PRIVATE RIGHT, TITLE, AND
INTEREST.—Nothing in this section shall be construed to
adversely affect the ownership interest of any other entity
having any right, title, and interest in and to lands within
the boundaries of Naval Petroleum Reserve Numbered 1
and which are subject to the unit plan contract.
‘‘(k) CONGRESSIONAL NOTIFICATION.—Section 7431
of this title shall not apply to the sale of Naval Petroleum
Reserve Numbered 1 under this section. However, the Sec-
retary may not enter into a contract for the sale of the
reserve until the end of the 31-day period beginning on
the date on which the Secretary notifies the Committee
on Armed Services of the Senate and the Committee on
National Security and the Committee on Commerce of the
House of Representatives of the proposed sale.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 7421 the following new
item:
‘‘7421a. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).’’.
(c) CONFORMING
AMENDMENTS
TO
TITLE
10,
UNITED STATES CODE.—
(1) REFERENCES REGARDING ADMINISTRATION
OF
RESERVES.—Chapter 641 of title 10, United
States Code, is amended—
(A) in section 7420(4), by striking ‘‘Sec-
retary of Energy’’ and inserting ‘‘Secretary of
the Interior’’;
(B) in section 7427, by striking ‘‘of the In-
terior’’;
(C) in section 7430(d), by striking ‘‘, in
consultation with the Secretary of the Inte-
rior,’’; and
(D) in section 7430(j), by striking ‘‘he, or
the Secretary of the Interior where the author-
ity extends to him,’’.
(2) TRANSITION.—Until such time as the Sec-
retary of Energy transfers administration of the
naval petroleum reserves to the Secretary of the In-
terior, as required by subsection (a), the Secretary
of Energy shall continue to be responsible for ad-
ministering the reserves.
SEC. 403. STUDY REGARDING FUTURE OF NAVAL PETRO-
LEUM RESERVES (OTHER THAN NAVAL PE-
TROLEUM RESERVE NUMBERED 1).
(a) STUDY REQUIRED.—The Secretary of the Inte-
rior shall conduct a study to determine which of the follow-
ing options regarding the naval petroleum reserves rep-
resents the most cost-effective option for the United
States:
(1) Retention and operation of the naval petro-
leum reserves under chapter 641 of title 10, United
States Code.
(2) Transfer of all or a part of the naval petro-
leum reserves to the jurisdiction of another Federal
agency.
(3) Lease of the naval petroleum reserves.
(4) Sale of the interest of the United States in
the naval petroleum reserves.
(b) CONDUCT OF STUDY.—The Secretary shall retain
an independent petroleum consultant to conduct the study.
(c) CONSIDERATIONS UNDER STUDY.—An examina-
tion of the benefits to be derived by the United States
from the sale of the naval petroleum reserves shall include
an assessment and estimate, in a manner consistent with
commercial practices, of the fair market value of the inter-
est of the United States in the naval petroleum reserves.
An examination of the benefits to be derived by the United
States from the lease of the naval petroleum reserves shall
consider full exploration, development, and production of
petroleum products in the naval petroleum reserves, with
a royalty payment to the United States.
(d) REPORT REGARDING STUDY.—Not later than
December 31, 1995, the Secretary shall submit to Con-
gress a report describing the results of the study and con-
taining such recommendations as the Secretary considers
necessary to implement the most cost-effective option
identified in the study.
(e) NAVAL PETROLEUM RESERVES DEFINED.—For
purposes of this section, the term ‘‘naval petroleum re-
serves’’ has the meaning given that term in section
7420(2) of title 10, United States Code, except that such
term does not include Naval Petroleum Reserve Numbered
1.
TITLE V—NATIONAL SECURITY
AND ENVIRONMENTAL MAN-
AGEMENT PROGRAMS
Subtitle A—Defense Nuclear
Programs Agency
SEC. 501. DEFINITIONS.
In this subtitle:
(1) The term ‘‘defense nuclear programs mat-
ters’’ means matters related to the military use of
nuclear energy and nuclear weapons, including all
such matters that were under the jurisdiction of the
following entities on the day before the date of the
enactment of this Act:
(A) The Department of Energy.
(B) The Defense Nuclear Agency of the
Department of Defense.
(C) The Defense Nuclear Facilities Safety
Board.
(2) The term ‘‘Under Secretary’’ means the
Under Secretary of Defense for Defense Nuclear
Programs.
(3) The term ‘‘Agency’’ means the Defense Nu-
clear Programs Agency.
SEC. 502. ESTABLISHMENT AND ORGANIZATION OF DE-
FENSE NUCLEAR PROGRAMS AGENCY.
(a) ESTABLISHMENT OF DEFENSE NUCLEAR PRO-
GRAMS AGENCY.—There is established an agency in the
Department of Defense to be known as the Defense Nu-
clear Programs Agency.
(b) UNDER SECRETARY.—The Agency shall be head-
ed by an Under Secretary for Defense Nuclear Programs,
who shall serve as the principal adviser to the President
and the Secretary of Defense on defense nuclear programs
matters. In carrying out his duties under this Act, the
Under Secretary for Defense Nuclear Programs shall, sub-
ject to the authority, direction, and control of of the Sec-
retary of Defense, have primary responsibility within the
Government for defense nuclear programs matters. The
Under Secretary shall be appointed by the President, by
and with the advice and consent of the Senate. A commis-
sioned officer of the Armed Forces serving on active duty
may not be appointed Under Secretary. The Under Sec-
retary shall be compensated at the rate provided for level
II of the Executive Schedule under section 5313 of title
5, United States Code.
(c) DEPUTY UNDER SECRETARY.—A Deputy Under
Secretary for Defense Nuclear Programs shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate. The Deputy Under Secretary shall per-
form such duties and exercise such powers as the Under
Secretary for Defense Nuclear Programs may prescribe.
The Deputy Under Secretary shall act for, and exercise
the powers of, the Under Secretary during the Under Sec-
retary’s absence or disability or during a vacancy in such
office. A commissioned officer of the Armed Forces serv-
ing on active duty may not be appointed Deputy Under
Secretary. The Deputy Under Secretary shall be com-
pensated at the rate provided for level III of the Executive
Schedule under section 5314 of title 5, United States
Code.
(d) ASSISTANT SECRETARIES.—(1) Four Assistant
Secretaries of the Agency shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate.
They shall perform such duties and exercise such powers
as the Under Secretary may prescribe.
(2) One of the Assistant Secretaries shall have as his
principal duty the overall supervision of environmental res-
toration of defense nuclear weapons facilities.
(3) One of the Assistant Secretaries shall have as his
principal duty the overall supervision of the oversight of
the defense and nondefense functions and budgets of the
Sandia National Laboratories, the Los Alamos National
Laboratory, and the Lawrence Livermore National Lab-
oratory (or whatever laboratories (or portions of labora-
tories) carrying out the functions of such laboratories re-
main after reconfiguration, privatization, or closure (if
any) pursuant to title II).
(4) Each Assistant Secretary shall be compensated
at the rate provided for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(e) INSPECTOR GENERAL.—There shall be an Inspec-
tor General of the Agency, who shall be appointed as pro-
vided in section 3 of the Inspector General Act of 1978
(5 U.S.C. App. 3). The Inspector General shall perform
the duties, have the responsibilities, and exercise the pow-
ers specified in the Inspector General Act of 1978 (5
U.S.C. App. 3).
(f) GENERAL COUNSEL.—There shall be a General
Counsel of the Agency, who shall be appointed by the
Under Secretary. The General Counsel shall be the chief
legal officer for all legal matters arising from the conduct
of the functions of the Agency. The General Counsel shall
be compensated at the rate provided for level V of the Ex-
ecutive Schedule under section 5316 of title 5, United
States Code.
SEC. 503. FUNCTIONS OF DEFENSE NUCLEAR PROGRAMS
AGENCY.
(a) IN GENERAL.—The Under Secretary for Defense
Nuclear Programs shall be responsible for the exercise of
all powers and the discharge of all duties of the Agency.
(b) TRANSFERRED FUNCTIONS.—The Under Sec-
retary for Defense Nuclear Programs shall carry out all
functions transferred to the Under Secretary pursuant to
section 504.
(c) STAFF DIRECTOR OF NUCLEAR WEAPONS COUN-
CIL.—Paragraph (2) of section 179(c) of title 10, United
States Code, is amended to read as follows:
‘‘(2) The Under Secretary for Defense Nuclear Pro-
grams shall be the Staff Director of the Council.’’.
SEC. 504. TRANSFERS OF FUNCTIONS.
(a) DEPARTMENT OF ENERGY.—(1) There are here-
by transferred to the Under Secretary for Defense Nuclear
Programs all functions performed by the Department of
Energy on the day before the date of the enactment of
this Act relating to the national security functions of the
Department, including defense, nonproliferation, and de-
fense-related environmental management programs.
(2) There are hereby transferred to the Under Sec-
retary for Defense Nuclear Programs all functions per-
formed by the Department of Energy on the day before
the date of the enactment of this Act relating to the over-
sight of the defense and nondefense functions and budgets
of the following laboratories:
(A) Sandia National Laboratories, Albuquerque,
New Mexico, and Livermore, California.
(B) Los Alamos National Laboratory, Los Ala-
mos, New Mexico.
(C) Lawrence Livermore National Laboratory,
California.
(b) DEFENSE NUCLEAR AGENCY.—There are hereby
transferred to the Under Secretary for Defense Nuclear
Programs all functions performed by the Defense Nuclear
Agency of the Department of Defense on the day before
the date of the enactment of this Act relating to nuclear
weapons systems.
(c) 
DEFENSE
NUCLEAR
FACILITIES
SAFETY
BOARD.—There are hereby transferred to the Under Sec-
retary for Defense Nuclear Programs all functions per-
formed by the Defense Nuclear Facilities Safety Board on
the day before the date of the enactment of this Act.
(d) OTHER NUCLEAR WEAPONS-RELATED FUNC-
TIONS.—The Secretary of Defense may transfer to the
Under Secretary for Defense Nuclear Programs such
other functions performed in the Department of Defense
on the day before the date of the enactment of this Act
relating to nuclear weapons as the Secretary considers ap-
propriate.
(e) CONFORMING REPEALS.—
(1) ASSISTANT
TO
THE
SECRETARY
OF
DE-
FENSE FOR ATOMIC ENERGY.—Section 141 of title
10, United States Code, is hereby repealed. The
table of sections at the beginning of chapter 4 of
such title is amended by striking out the item relat-
ing to such section.
(2) DEFENSE
NUCLEAR
FACILITIES
SAFETY
BOARD.—Chapter 21 of the Atomic Energy Act of
1954 (42 U.S.C. 2286) is hereby repealed.
(3) REFERENCES.—Any reference to the Assist-
ant Secretary of Defense for Atomic Energy or the
Defense Nuclear Facilities Safety Board in any pro-
vision of law or in any rule, regulation, or other
paper of the United States shall be treated as refer-
ring to the Under Secretary for Defense Nuclear
Programs.
SEC. 505. LIMITATION ON TRANSFERS OF FUNDS.
No amount appropriated to the Agency may be trans-
ferred to any other account (other than another account
of the Agency) unless the transfer of such amount to such
account is specifically authorized by law. No amount ap-
propriated to the Department of Defense or another de-
partment or agency may be transferred to the Under Sec-
retary for Defense Nuclear Programs or to an account for
the Agency unless the transfer of such amount to such
account is specifically authorized by law.
SEC. 506. TRANSITION PROVISIONS.
(a) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, the Under Secretary for Defense
Nuclear Programs may, for purposes of performing a
function that is transferred to the Under Secretary by this
Act, exercise all authorities under any other provision of
law that were available with respect to the performance
of that function to the official responsible for the perform-
ance of that function on the day before the date of the
enactment of this Act.
(b) AUTHORITIES TO WIND UP AFFAIRS.—
(1) IN GENERAL.—(A) The Director of the Of-
fice of Management and Budget may take such ac-
tions as the Director considers necessary to wind up
any outstanding affairs of the Department of En-
ergy associated with the functions that are trans-
ferred pursuant to section 504(a).
(B) The Secretary of Defense may take such
actions as the Secretary considers necessary to wind
up any outstanding affairs of the Defense Nuclear
Agency associated with the functions that are trans-
ferred pursuant to section 504(b), any outstanding
affairs of the Department of Defense associated with
any functions that may be transferred pursuant to
section 504(d), and any outstanding affairs of the
Assistant to the Secretary of Defense for Atomic
Energy.
(C) The Secretary of the Navy may take such
actions as the Secretary considers necessary to wind
up any outstanding affairs of the Strategic Systems
Programs of the Department of the Navy associated
with the functions that are transferred pursuant to
section 504(c).
(D) The Director of the Office of Management
and Budget may take such actions as the Director
considers necessary to wind up any outstanding af-
fairs of the Defense Nuclear Facilities Safety Board.
(2) TRANSFER OF ASSETS.—So much of the
personnel, property, records, and unexpended bal-
ances of appropriations, allocations, and other funds
employed, used, held, available, or to be made avail-
able in connection with a function transferred to the
Under Secretary for Defense Nuclear Programs by
this Act are transferred to the Under Secretary for
use in connection with the functions transferred.
(3) FURTHER MEASURES AND DISPOSITIONS.—
Such further measures and dispositions as the Presi-
dent considers necessary to effectuate the transfers
referred to in subsection (b) shall be carried out in
such manner as the President directs and by the
heads of such agencies as the President designates.
SEC. 507. TECHNICAL AND CONFORMING AMENDMENTS.
(a) INSPECTOR GENERAL ACT OF 1978.—Section 11
of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended—
(1) in paragraph (1), by inserting after ‘‘Inter-
national Development,’’ the following: ‘‘the Defense
Nuclear Programs Agency,’’; and
(2) in paragraph (2), by striking out ‘‘or the
Social Security Administration;’’ and inserting in
lieu thereof ‘‘the Social Security Administration, or
the Defense Nuclear Programs Agency;’’.
(b) EXECUTIVE SCHEDULE.—(1) Section 5313 of
title 5, United States Code, is amended by adding at the
end the following:
‘‘Under Secretary for Defense Nuclear Pro-
grams.’’.
(2) Section 5314 of title 5, United States Code, is
amended by adding at the end the following:
‘‘Deputy Under Secretary for Defense Nuclear
Programs.’’.
(3) Section 5315 of title 5, United States Code, is
amended by adding at the end the following:
‘‘Assistant Secretaries, Defense Nuclear Pro-
grams Agency (4).
‘‘Inspector General, Defense Nuclear Programs
Agency.’’.
(4) Section 5316 of title 5, United States Code, is
amended by adding at the end the following:
‘‘General Counsel, Defense Nuclear Programs
Agency.’’.
SEC. 508. EFFECTIVE DATE AND TRANSITION PERIOD.
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this title 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 502(a) and section 504 of this Act 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 Atomic Energy, and the Defense Nuclear
Facilities Safety Board shall, beginning as soon as prac-
ticable after the date of the enactment of this Act, plan
for the orderly establishment of, and transfer of functions
to, the Agency pursuant to this Act.
(d) APPOINTMENT AUTHORITY.—The President may
make appointments under section 2 notwithstanding the
delayed effective date under subsection (b) for the estab-
lishment of the Agency.
Subtitle 
B—Environmental 
Res-
toration Activities at Defense
Nuclear Facilities
SEC. 521. ENVIRONMENTAL RESTORATION ACTIVITIES AT
DEFENSE NUCLEAR FACILITIES.
The Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) is amended by adding at the end the following new
title:
‘‘TITLE 
IV—ENVIRONMENTAL
RESTORATION ACTIVITIES AT
DEFENSE NUCLEAR FACILI-
TIES
‘‘Subtitle A—General Provisions
‘‘Sec. 401. Applicability.
‘‘Sec. 402. Definitions.
‘‘Subtitle B—Selection of Remedial Action
‘‘Sec. 411. Review of ongoing and planned remedial actions.
‘‘Sec. 412. Selection of remedial action.
‘‘Sec. 413. Site-specific risk assessment.
‘‘Sec. 414. Analysis of risk reduction benefits and costs.
‘‘Subtitle A—General Provisions
‘‘SEC. 401. APPLICABILITY.
‘‘Notwithstanding section 120, the provisions of this
title shall apply with respect to selection of remedial ac-
tions at defense nuclear facilities.
‘‘SEC. 402. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) The term ‘‘defense nuclear facility’’
means—
‘‘(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); or
‘‘(E) any facility described in paragraphs
(1) through (4) that—
‘‘(i) is no longer in operation;
‘‘(ii) was under the control or jurisdic-
tion of the Department of Defense, the
Atomic Energy Commission, the Energy
Research and Development Administration,
or the Department of Energy; and
‘‘(iii) was operated for national secu-
rity purposes.
‘‘(2) The term ‘Under Secretary’ means the Under
Secretary of Defense for Defense Nuclear Programs.
‘‘(3) The term ‘Administrator’ means the Adminis-
trator of the Environmental Protection Agency.
‘‘Subtitle B—Selection of Remedial
Action
‘‘SEC. 411. REVIEW OF ONGOING AND PLANNED REMEDIAL
ACTIONS.
‘‘REVIEW OF ONGOING AND PLANNED ACTIVITIES.—
(1) Not later than one year after the date of the enactment
of this title, the Under Secretary shall review each reme-
dial action described in paragraph (2) for purposes of de-
termining whether the remedial action was selected in a
manner consistent with the requirements of this subtitle.
If the Under Secretary determines the selection was not
consistent with the requirements of this subtitle, the
Under Secretary shall 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 paragraph.
‘‘(2) Paragraph (1) applies to any remedial action at
a defense nuclear facility—
‘‘(A) which is ongoing as of the date of the en-
actment of this title, including a facility for which
construction is ongoing or has been completed as of
such date; or
‘‘(B) for which construction is planned but has
not yet commenced as of such date of enactment.
‘‘SEC. 412. SELECTION OF REMEDIAL ACTION.
‘‘(a) IN GENERAL.—The Under Secretary shall select
a remedial action for a defense nuclear facility based upon
consideration of a site-specific risk assessment conducted
in accordance with section 413 and an analysis of risk re-
duction benefits and costs conducted in accordance with
section 414.
‘‘(b) REQUIREMENT FOR LOWEST COST ACTION.—
In selecting a remedial action, the Under Secretary shall
select the lowest cost action which achieves a residual risk
that is within the risk range goal established by the Na-
tional Contingency Plan for protection of public health
and the environment, unless—
‘‘(1) the incremental benefits of a more expen-
sive remedial action justify incurring the incremental
costs of the more expensive remedy, as set forth in
the analysis of risk reductions cost and benefits for
the remedial action pursuant to section 414, in
which case a more expensive remedy may be se-
lected, or
‘‘(2) the benefits of the lowest cost remedy
which achieves a residual risk level within the risk
range goal are not reasonably related to the costs of
such remedy, in which case a less expensive remedy
may be selected.
‘‘(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
414 is based on objective and unbiased scientific and
economic evaluations of all significant and relevant
information and on risk assessments provided to the
agency by interested parties relating to the costs,
risks, and risk reduction and other benefits of the
remedial action selected.
‘‘(2) That the incremental risk reduction or
other benefits of the remedial action will be likely to
justify, and be reasonably related to, the incremental
costs incurred by the Federal Government, by State,
local, and tribal governments, and other public and
private entities.
‘‘(3) That other alternative remedial actions
identified or considered by the agency were found to
be less cost-effective at achieving a substantially
equivalent reduction in risk.
‘‘(f) ADMINISTRATIVE RECORD.—All documents con-
sidered by the Under Secretary shall be made part of the
administrative record for purposes of judicial review.
‘‘SEC. 413. SITE-SPECIFIC RISK ASSESSMENT.
‘‘(a) IN GENERAL.—(1) A site-specific risk assess-
ment shall be performed in accordance with this section
before the selection of a remedial action at a defense nu-
clear facility. The Under Secretary shall apply the prin-
ciples set forth in subsection (b) in order to ensure that
a site-specific risk assessment—
‘‘(A) distinguishes scientific findings from other
considerations;
‘‘(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, pro-
vide—
‘‘(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 mate-
rial otherwise available to the public if the document
provides a brief summary of such information or
material.
‘‘SEC. 414. 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.’’.
SEC. 522. CONFORMING AMENDMENT.
Section 120(a)(3) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(a)(3)) is amended by inserting
after the second sentence the following: ‘‘This subsection
also shall not apply to the extent otherwise provided in
title IV with respect to selection of remedial actions at
defense nuclear facilities.’’.
SEC. 523. 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 Environ-
mental Protection Agency, and a State as of the date of
the enactment of this Act, the Under Secretary of Defense
for Defense Nuclear Programs shall enter into negotia-
tions with the Environmental Protection Agency and the
State concerned to renegotiate the terms of the compliance
agreement to reflect title IV of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of
1980, as added by section 521.
(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
MISCELANEOUS 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 1996, 75 percent of the
budget authority available for such purposes for
fiscal year 1995;
(B) for fiscal year 1997, 50 percent of the
budget authority available for such purposes for
fiscal year 1995;
(C) for fiscal year 1998, 50 percent of the
budget authority available for such purposes for
fiscal year 1995;
(D) for fiscal year 1999, 50 percent of the
budget authority available for such purposes for
fiscal year 1995; and
(E) for fiscal year 2000, 50 percent of the
budget authority available for such purposes for
fiscal year 1995.
(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 Unit-
ed States. Such report shall include recommendations for
the transfer of such activities to appropriate Federal agen-
cies.
(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.—There are authorized to be appropriated to
the Secretary of Energy—
(A) for fossil energy research and develop-
ment activities of the Department of Energy—
(i) $150,000,000 for fiscal year 1996;
(ii) $135,000,000 for fiscal year 1997;
and
(iii) $120,000,000 for fiscal year
1998; and
(B) for energy conservation research and
development activities of the Department of En-
ergy—
(i) $427,000,000 for fiscal year 1996;
(ii) $412,000,000 for fiscal year 1997;
and
(iii) $397,000,000 for fiscal year
1998.
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
1998.
(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 1996, including
weapons stockpile stewardship and management.
(2) All activities described under the category
‘‘Materials Support and Other Defense Programs’’
in the annual budget request of the President for
fiscal year 1996.
(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
1996 through 2000.
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. NUCLEAR WASTE REPOSITORY.
Effective upon the expiration of the 3rd calendar
month beginning after the date of the 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.’’.
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.
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