I
107TH CONGRESS
1ST SESSION
H. R. 376
To abolish the Department of Energy.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 2001
Mr. ROYCE introduced the following bill; which was referred to the Committee
on Energy and Commerce, and in addition to the Committees on Armed
Services, Science, Government Reform, Rules, and Resources, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To abolish the Department of Energy.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Department of Energy
Elimination and National Security Protection Act of
2001’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—ABOLISHMENT OF DEPARTMENT OF ENERGY
Sec. 101. Reestablishment of Department as Energy Programs Resolution
Agency.
Sec. 102. Functions.
Sec. 103. Deputy Administrator.
Sec. 104. Continuation of service of Department officers.
Sec. 105. Reorganization.
Sec. 106. Abolishment of Energy Programs Resolution Agency.
Sec. 107. GAO report.
Sec. 108. Conforming amendments.
Sec. 109. Effective date.
TITLE II—ENERGY LABORATORY FACILITIES
Sec. 201. Energy Laboratory Facilities Commission.
Sec. 202. Procedure for making recommendations for laboratory facilities.
Sec. 203. Reconfiguration, privatization, and closure of energy laboratories.
Sec. 204. Implementation of reconfiguration, privatization, and closure actions.
Sec. 205. Account.
Sec. 206. Reports on implementation.
Sec. 207. Congressional consideration of Commission report.
Sec. 208. Definitions.
TITLE III—PRIVATIZATION OF FEDERAL POWER MARKETING
ADMINISTRATIONS
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Sale of assets.
Sec. 304. Time of sales.
Sec. 305. Rate stabilization for affected customers.
Sec. 306. Licensing of projects to preserve current operating conditions.
Sec. 307. Enabling Federal studies.
Sec. 308. Definitions.
TITLE IV—TRANSFER AND DISPOSAL OF RESERVES
Sec. 401. Strategic Petroleum Reserve.
Sec. 402. Disposal of remaining naval petroleum reserves.
TITLE V—NATIONAL SECURITY AND ENVIRONMENTAL
MANAGEMENT PROGRAMS
Subtitle A—Defense Nuclear Programs Administration
Sec. 501. Establishment and organization of Defense Nuclear Programs Ad-
ministration.
Sec. 502. Officers.
Sec. 503. Transfers of functions.
Sec. 504. Limitation on transfers of funds.
Sec. 505. Transition provisions.
Sec. 506. Technical and conforming amendments.
Sec. 507. Effective date and transition period.
Subtitle B—Environmental Restoration Activities at Defense Nuclear
Facilities
Sec. 521. Environmental restoration activities at Defense nuclear facilities.
Sec. 522. Renegotiation of compliance agreements.
TITLE VI—DISPOSITION OF MISCELLANEOUS PARTICULAR
PROGRAMS, FUNCTIONS, AND AGENCIES OF DEPARTMENT
Sec. 601. Energy research and development.
Sec. 602. Energy Information Administration.
Sec. 603. Effective date.
TITLE VII—CIVILIAN RADIOACTIVE WASTE MANAGEMENT
Sec. 701. Nuclear waste repository.
Sec. 702. Reaffirmation of obligation to accept radioactive waste and spent nu-
clear fuel.
Sec. 703. Initial storage facility.
TITLE VIII—MISCELLANEOUS PROVISIONS
Sec. 801. References.
Sec. 802. Exercise of authorities.
Sec. 803. Savings provisions.
Sec. 804. Transfer of assets.
Sec. 805. Delegation and assignment.
Sec. 806. Authority of Office of Management and Budget with respect to func-
tions transferred.
Sec. 807. Proposed changes in law.
Sec. 808. Certain vesting of functions considered transfer.
Sec. 809. Definitions.
TITLE I—ABOLISHMENT OF
DEPARTMENT OF ENERGY
SEC. 101. REESTABLISHMENT OF DEPARTMENT AS ENERGY
PROGRAMS RESOLUTION AGENCY.
(a) REESTABLISHMENT.—The Department of En-
ergy is hereby redesignated as the Energy Programs Reso-
lution Agency, which shall be an independent agency in
the executive branch of the Government.
(b) ADMINISTRATOR.—
(1) IN GENERAL.—There shall be at the head
of the Agency an Administrator of the Agency, who
shall be appointed by the President, by and with the
advice and consent of the Senate. The Agency shall
be administered under the supervision and direction
of the Administrator. The Administrator shall re-
ceive compensation at the rate prescribed for level II
of the Executive Schedule under section 5313 of title
5, United States Code.
(2) 
INITIAL
APPOINTMENT
OF
ADMINIS-
TRATOR.—Notwithstanding any other provision of
this Act or any other law, the President may, at any
time after the date of the enactment of this Act, ap-
point an individual to serve as Administrator of the
Energy Programs Resolution Agency (who may be
the Secretary of Energy), as such position is estab-
lished under paragraph (1). An appointment under
this paragraph may not be construed to affect the
position of Secretary of Energy or the authority of
the Secretary before the effective date specified in
section 109(a).
(c) DUTIES.—The Administrator shall be responsible
for—
(1) the administration and wind-up, during the
wind-up period, of all functions of the Administrator
pursuant to section 102 and the other provisions of
this Act;
(2) the administration and wind-up, during the
wind-up period, of any outstanding obligations of the
Federal Government under any programs terminated
or repealed by this Act; and
(3) taking such other actions as may be nec-
essary, before the termination date, to wind up any
outstanding affairs of the Department of Energy.
SEC. 102. FUNCTIONS.
Except as otherwise provided in this Act, the Admin-
istrator shall perform all functions that, immediately be-
fore the effective date of this section, were functions of
the Department of Energy (or any office of the Depart-
ment) or were performed by the Secretary of Energy or
any other officer or employee of the Department in the
capacity as such officer or employee.
SEC. 103. DEPUTY ADMINISTRATOR.
The Agency shall have a Deputy Administrator, who
shall—
(1) be appointed by and report to the Adminis-
trator; and
(2) shall perform such functions as may be del-
egated by the Administrator.
SEC. 104. CONTINUATION OF SERVICE OF DEPARTMENT OF-
FICERS.
(a) CONTINUATION OF SERVICE OF SECRETARY.—
The individual serving on the effective date specified in
section 109(a) as the Secretary of Energy may serve and
act as Administrator until the date an individual is ap-
pointed under this title to the position of Administrator,
or until the end of the 210-day period provided for in sec-
tion 3348 of title 5, United States Code (relating to limita-
tions on the period of time a vacancy may be filled tempo-
rarily), whichever is earlier.
(b) CONTINUATION OF SERVICE OF OTHER OFFI-
CERS.—An individual serving on the effective date speci-
fied in section 109(a) as an officer of the Department of
Energy other than the Secretary of Energy may continue
to serve and act in an equivalent capacity in the Agency
until the date an individual is appointed under this title
to the position of Administrator, or until the end of the
210-day period provided for in section 3348 of title 5,
United States Code (relating to limitations on the period
of time a vacancy may be filled temporarily) with respect
to that appointment, whichever is earlier.
(c) COMPENSATION FOR CONTINUED SERVICE.—Any
person—
(1) who acts as the Administrator under sub-
section (a), or
(2) who serves under subsection (b),
after the effective date specified in section 109(a) and be-
fore the first appointment of a person as Administrator
shall continue to be compensated for so serving at the rate
at which such person was compensated before such effec-
tive date.
SEC. 105. REORGANIZATION.
The Administrator may allocate or reallocate any
function of the Agency pursuant to this Act among the
officers of the Agency, and may establish, consolidate,
alter, or discontinue in the Energy Programs Resolution
Agency any organizational entities that were entities of
the Department of Energy, as the Administrator considers
necessary or appropriate.
SEC. 106. ABOLISHMENT OF ENERGY PROGRAMS RESOLU-
TION AGENCY.
(a) IN GENERAL.—Effective on the termination date
under subsection (d), the Energy Programs Resolution
Agency is abolished.
(b) ABOLITION OF FUNCTIONS.—Except for func-
tions transferred or otherwise continued by this Act, all
functions that, immediately before the termination date,
were functions of the Energy Programs Resolution Agency
are abolished effective on the termination date.
(b) EXECUTIVE DEPARTMENTS.—Section 101 of title
5, United States Code, is amended by striking the fol-
lowing item:
‘‘The Department of Energy.’’.
(c) SECRETARY’S COMPENSATION.—Section 5312 of
title 5, United States Code, is amended by striking the
following item:
‘‘Secretary of Energy.’’.
(d) DEPUTY SECRETARY’S COMPENSATION.—Section
5313 of title 5, United States Code, is amended by strik-
ing the following item:
‘‘Deputy Secretary of Energy.’’.
(e) UNDER SECRETARY’S COMPENSATION.—Section
5314 of title 5, United States Code, is amended by strik-
ing the following item:
‘‘Under Secretaries of Energy (2).’’.
(f) MISCELLANEOUS OFFICERS’ COMPENSATION.—
(1) Section 5315 of title 5, United States Code, is
amended—
(A) by striking the following items:
‘‘Assistant Secretaries of Energy (6).
‘‘General Counsel of the Department of Energy.
‘‘Administrator, Economic Regulatory Adminis-
tration, Department of Energy.
‘‘Administrator, Energy Information Adminis-
tration, Department of Energy.
‘‘Inspector General, Department of Energy.
‘‘Director, Office of Science, Department of En-
ergy.’’;
(B) by striking the following item:
‘‘Chief Financial Officer, Department of En-
ergy.’’; and
(C) by striking the following item:
‘‘Chief Information Officer, Department of En-
ergy.’’.
(2) Section 5316 of title 5, United States Code, is
amended by striking the following item:
‘‘Additional Officers, Department of Energy
(14).’’.
(g) INSPECTOR GENERAL ACT OF 1978.—The In-
spector General Act of 1978 (5 U.S.C. App.) is
amended—
(1) in section 9(a)(1), by striking subparagraph
(E);
(2) in section 11(1), by striking ‘‘Energy,’’;
(3) in section 11(2), by striking ‘‘Energy,’’;
(h) DEPARTMENT
OF
ENERGY
ORGANIZATION
ACT.—Effective on the termination date, the following
provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), and the items relating thereto
in the table of contents of that Act, are repealed:
(1) Sections 1 and 2.
(2) Titles I, II, and III.
(i) NATIONAL NUCLEAR SECURITY ADMINISTRATION
ACT.—The National Nuclear Security Administration Act
(title XXXII of Public Law 106–65; 50 U.S.C. 2401 note)
is repealed.
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 min-
imum 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 ap-
point a Director who—
(A) has not served as a civilian employee
of the Department of Energy during the 4-year
period preceding the date of such appointment;
(B) has not been an employee of an energy
laboratory during the 5-year period preceding
the date of such appointment; and
(C) has not been an employee of a con-
tractor operating an energy laboratory during
the 5-year period preceding the date of such ap-
pointment.
(2) PAY.—The Director shall be paid at the
rate of basic pay payable for level IV of the Execu-
tive Schedule under section 5315 of title 5, United
States Code.
(i) STAFF.—
(1) APPOINTMENT BY DIRECTOR.—Subject to
paragraphs (2) and (3), the Director, with the ap-
proval of the Commission, may appoint and fix the
pay of additional personnel.
(2) APPLICABILITY OF CERTAIN CIVIL SERVICE
LAWS.—The Director may make such appointments
without regard to the provisions of title 5, United
States Code, governing appointments in the competi-
tive service, and any personnel so appointed may be
paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relat-
ing to classification and General Schedule pay rates,
except that an individual so appointed may not re-
ceive pay in excess of the annual rate of basic pay
payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(3) LIMITATIONS.—Not more than one-third of
the personnel employed by or detailed to the Com-
mission shall be individuals employed by the Depart-
ment of Energy on the day before the date of the
enactment of this Act. No employee of an energy
laboratory, or of a contractor who operates an en-
ergy laboratory, may be detailed to the Commission.
(4) SUPPORT FROM OTHER AGENCIES.—Upon
request of the Director, the head of a Federal agen-
cy may detail any of the personnel of that agency to
the Commission to assist the Commission in car-
rying out its duties under this title.
(5) SUPPORT FROM COMPTROLLER GENERAL.—
The Comptroller General of the United States shall
provide assistance, including the detailing of employ-
ees, to the Commission in accordance with an agree-
ment entered into with the Commission.
(j) OTHER AUTHORITY.—
(1) TEMPORARY
AND
INTERMITTENT
SERV-
ICES.—The Commission may procure by contract, to
the extent funds are available, the temporary or
intermittent services of experts or consultants pursu-
ant to section 3109 of title 5, United States Code.
(2) AUTHORITY TO LEASE SPACE AND ACQUIRE
CERTAIN
PROPERTY.—The Commission may lease
space and acquire personal property to the extent
funds are available.
(k) FUNDING.—There are authorized to be appro-
priated to the Commission such funds as are necessary
to carry out its duties under this title. Such funds shall
remain available until expended.
(l) TERMINATION.—The Commission shall terminate
not later than 30 days after the date on which it transmits
its final recommendations under section 202(f)(4).
SEC. 202. PROCEDURE FOR MAKING RECOMMENDATIONS
FOR LABORATORY FACILITIES.
(a) SELECTION CRITERIA.—In making recommenda-
tions for the reconfiguration, privatization, and closure of
energy laboratories and termination of programs at such
laboratories under this section, the Secretary or the Ad-
ministrator, as appropriate, and the Commission shall—
(1) emphasize the importance of establishing
the security of defense research and activities;
(2) give strong consideration to closure or pri-
vatization of activities performed by the private sec-
tor;
(3) give strong emphasis in transferring or sell-
ing non-defense research laboratories to universities
and private organizations that currently manage and
operate such laboratories;
(4) give strong consideration to the closure or
reconfiguration of energy laboratories;
(5) eliminate duplication of effort by energy
laboratories and reduce overhead costs as a propor-
tion of program benefits distributed through an en-
ergy laboratory;
(6) seek to achieve cost savings for the overall
budget for such laboratories;
(7) define appropriate missions for each energy
laboratory, and ensure that the activities of each
such laboratory are focused on its mission or mis-
sions;
(8) consider the number of participants in pro-
grams conducted through an energy laboratory and
staff resources involved;
(9) estimate the cost savings and increases that
would accrue through the reconfiguration of energy
laboratories;
(10) consider the potential of each energy lab-
oratory to generate revenues or to offset costs;
(11) consider the transfer of energy laboratories
to other Federal agencies;
(12) consider the privatization of the energy
laboratories as an alternative to closure or reconfig-
uration; and
(13) be subject to the requirements of section
601 of this Act.
(b) RECOMMENDATIONS.—
(1) PUBLICATION
AND
TRANSMITTAL.—Not
later than 3 months after the date of the enactment
of this Act, the Secretary or the Administrator, as
appropriate, shall publish in the Federal Register
and transmit to the congressional energy committees
and to the Commission a list of the energy labora-
tories that the Secretary or the Administrator, as
appropriate, recommends for reconfiguration, privat-
ization, and closure.
(2) SUMMARY
OF
SELECTION
PROCESS.—The
Secretary or the Administrator, as appropriate, shall
include, with the list of recommendations published
and transmitted pursuant to paragraph (1), a sum-
mary of the selection process that resulted in the
recommendation for each energy laboratory, includ-
ing a justification for each recommendation.
(c) EQUAL CONSIDERATION OF LABORATORIES.—In
considering energy laboratories for reconfiguration, privat-
ization, and closure, the Secretary or the Administrator,
as appropriate, shall consider all such laboratories equally
without regard to whether a laboratory has been pre-
viously considered or proposed for reconfiguration, privat-
ization, or closure by the Secretary of Energy.
(d) AVAILABILITY OF INFORMATION.—The Secretary
or the Administrator, as appropriate, shall make available
to the Commission and the Comptroller General of the
United States all information used by the Secretary or the
Administrator, as appropriate, in making recommenda-
tions under this section.
(e) INDEPENDENT AUDIT.—(1) Within 30 days after
the date of the enactment of this Act, the Director of the
Office of Management and Budget shall issue a request
for proposals for the performance of an audit under para-
graph (3).
(2) Within 60 days after the date of the enactment
of this Act, proposals shall be due in response to the re-
quest under paragraph (1).
(3) Within 90 days after the date of the enactment
of this Act, the Director of the Office of Management and
Budget shall enter into a contract with an independent
financial consulting firm for an audit of the energy labora-
tories and their programs, facilities, and assets. Such
audit shall assess the commercial potential of the energy
labs and their programs and make recommendations on
how the Government could best realize such potential. The
audit shall be completed and transmitted to the Commis-
sion, the Secretary or the Administrator, as appropriate,
and the congressional energy committees within 6 months
after the contract is entered into under this subsection.
(f) REVIEW AND RECOMMENDATIONS BY THE COM-
MISSION.—
(1) PUBLIC
HEARINGS.—After receiving the
recommendations from the Secretary or the Admin-
istrator, as appropriate, pursuant to subsection (b),
the Commission shall provide an opportunity for
public comment on the recommendations for a 30-
day period.
(2) INITIAL REPORT.—Not later than 1 year
after the date of the enactment of this Act, the
Commission shall publish in the Federal Register an
initial report containing the Commission’s findings
and conclusions based on a review and analysis of
the recommendations made by the Secretary or the
Administrator, as appropriate, and the audit con-
ducted pursuant to subsection (e), together with the
Commission’s recommendations for reconfiguration,
privatization, and closure of energy laboratories. In
conducting such review and analysis, the Commis-
sion shall consider all energy laboratories.
(3) DEVIATION FROM RECOMMENDATIONS.—In
making its recommendations, the Commission may
make changes in any of the recommendations made
by the Secretary or the Administrator, as appro-
priate, if the Commission determines that the Sec-
retary or the Administrator, as appropriate, deviated
substantially from the criteria described in sub-
section (a) in making recommendations. The Com-
mission shall explain and justify in the report any
recommendation made by the Commission that is
different from the recommendations made by the
Secretary or the Administrator, as appropriate.
(4) FINAL REPORT.—After providing a 30-day
period for public comment following publication of
the initial report under paragraph (2), and after full
consideration of such public comments, the Commis-
sion shall, within 15 months after the date of the
enactment of this Act, transmit to the Secretary or
the Administrator, as appropriate, and the congres-
sional energy committees a final report containing
the recommendations of the Commission.
(5) PROVISION
OF
CERTAIN
INFORMATION.—
After transmitting the final report under paragraph
(4), the Commission shall promptly provide, upon re-
quest, to any Member of Congress information used
by the Commission in making its recommendations.
(g) ASSISTANCE FROM COMPTROLLER GENERAL.—
The Comptroller General of the United States shall—
(1) assist the Commission, to the extent re-
quested, in the Commission’s review and analysis of
the recommendations made by the Secretary or the
Administrator, as appropriate, pursuant to sub-
section (b); and
(2) not later than 6 months after the date of
the enactment of this Act, transmit to the congres-
sional energy committees and to the Commission a
report containing a detailed analysis of the rec-
ommendations of the Secretary or the Adminis-
trator, as appropriate, and the selection process.
SEC. 203. RECONFIGURATION, PRIVATIZATION, AND CLO-
SURE OF ENERGY LABORATORIES.
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary or the Administrator, as appropriate, shall—
(1) reconfigure, within 1 year after the date of
the transmittal of the final report under section
202(f)(4), all energy laboratories recommended for
reconfiguration by the Commission in such report;
(2) provide for and complete the privatization,
within 18 months after the date of the transmittal
of the final report under section 202(f)(4), of all en-
ergy laboratories recommended for privatization by
the Commission in such report; and
(3) except as necessary to achieve the privatiza-
tion of an energy laboratory under paragraph (2),
close, within 1 year after the date of the transmittal
of the final report under section 202(f)(4), all en-
ergy laboratories recommended for closure by the
Commission in such report.
(b) CONGRESSIONAL DISAPPROVAL.—
(1) IN GENERAL.—The Secretary or the Admin-
istrator, as appropriate, may not carry out any re-
configuration, privatization, or closure of an energy
laboratory recommended by the Commission in the
report transmitted pursuant to section 202(f)(4) if a
joint resolution is enacted, in accordance with the
provisions of section 207, disapproving the rec-
ommendations of the Commission before the earlier
of—
(A) the end of the 45-day period beginning
on the date on which the Commission transmits
the report; or
(B) the adjournment of Congress sine die
for the session during which the report is trans-
mitted.
(2) EXCLUDED DAYS.—For purposes of para-
graph (1) of this subsection and subsections (a) and
(c) of section 207, the days on which either House
of Congress is not in session because of an adjourn-
ment of more than three days to a day certain shall
be excluded in the computation of a period.
SEC. 204. IMPLEMENTATION OF RECONFIGURATION, PRI-
VATIZATION, AND CLOSURE ACTIONS.
(a) 
IMPLEMENTATION.—In 
reconfiguring,
privatizing, or closing an energy laboratory under this
title, the Secretary or the Administrator, as appropriate,
shall—
(1) take such actions as may be necessary to re-
configure, privatize, or close the energy laboratory;
(2) take such steps as may be necessary to en-
sure the safe keeping of all records stored at the en-
ergy laboratory; and
(3) reimburse other Federal agencies for ac-
tions performed at the request of the Secretary or
the Administrator, as appropriate, with respect to
any such reconfiguration, privatization, or closure,
and may use for such purpose funds in the Account
or funds appropriated to the Department of Energy
and available for such purpose.
(b) MANAGEMENT AND DISPOSAL OF PROPERTY.—
(1) IN GENERAL.—The Administrator of Gen-
eral Services shall delegate to the Secretary or the
Administrator, as appropriate, with respect to excess
and surplus real property and facilities located at an
energy laboratory reconfigured, privatized, or closed
under this title—
(A) the authority of the Secretary or the
Administrator, as appropriate, to utilize excess
property under section 202 of the Federal
Property and Administrative Services Act of
1949 (40 U.S.C. 483);
(B) the authority of the Secretary or the
Administrator, as appropriate, to dispose of
surplus property under section 203 of that Act
(40 U.S.C. 484);
(C) the authority of the Secretary or the
Administrator, as appropriate, to grant approv-
als and make determinations under section
13(g) of the Surplus Property Act of 1944 (50
U.S.C. App. 1622(g)); and
(D) the authority of the Secretary or the
Administrator, as appropriate, to determine the
availability of excess or surplus real property
for wildlife conservation purposes in accordance
with the Act of May 19, 1948 (16 U.S.C.
667b).
(2) EXERCISE OF AUTHORITY.—
(A) IN
GENERAL.—Subject to subpara-
graph (C), the Secretary or the Administrator,
as appropriate, shall exercise the authority dele-
gated to the Secretary or the Administrator, as
appropriate, pursuant to paragraph (1) in ac-
cordance with—
(i) all regulations in effect on the date
of the enactment of this Act governing the
utilization of excess property and the dis-
sion of law restricting the use of funds for reconfiguring,
privatizing, or closing such energy laboratories included
in any appropriations or authorization Act.
SEC. 205. ACCOUNT.
(a) ESTABLISHMENT.—There is hereby established
on the books of the Treasury an account to be known as
the ‘‘Energy Laboratory Facility Closure Account’’ which
shall be administered by the Secretary or the Adminis-
trator, as appropriate, as a single account.
(b) CONTENT OF ACCOUNT.—There shall be depos-
ited into the Account—
(1) funds authorized for and appropriated to
the Account;
(2) any funds that the Secretary or the Admin-
istrator, as appropriate, may, subject to approval in
an appropriation Act, transfer to the Account from
funds appropriated to the Department of Energy for
any purpose, except that such funds may be trans-
ferred only after the date on which the Secretary or
the Administrator, as appropriate, transmits written
notice of, and justification for, such transfer to the
congressional energy committees; and
(3) proceeds received from the transfer or dis-
posal of any property at an office reconfigured,
privatized, or closed under this section.
(c) USE OF FUNDS.—The Secretary or the Adminis-
trator, as appropriate, may use the funds in the Account
only for the purposes described in section 204(a).
(d) REPORTS.—
(1) IN GENERAL.—Not later than 60 days after
the end of each fiscal year in which the Secretary or
the Administrator, as appropriate, carries out activi-
ties under this title, the Secretary or the Adminis-
trator, as appropriate, shall transmit a report to the
congressional energy committees of the amount and
nature of the deposits into, and the expenditures
from, the Account during such fiscal year and of the
amount and nature of other expenditures made pur-
suant to section 204(a) during such fiscal year.
(2) UNOBLIGATED FUNDS.—Unobligated funds
shall be held in the Account until transferred by law.
SEC. 206. REPORTS ON IMPLEMENTATION.
As part of the budget request for each fiscal year in
which the Secretary or the Administrator, as appropriate,
is authorized to carry out activities under this title, the
Secretary or the Administrator, as appropriate, shall
transmit to the congressional energy committees—
(1) a schedule of the reconfiguration, privatiza-
tion, and closure actions to be carried out under this
title in the fiscal year for which the request is made
and an estimate of the total expenditures required
and cost savings to be achieved by each such recon-
figuration, privatization, or closure and of the time
period in which these savings are to be achieved in
each case; and
(2) a description of the energy laboratories to
which functions are to be transferred as a result of
such reconfigurations, privatizations, and closures.
SEC. 207. CONGRESSIONAL CONSIDERATION OF COMMIS-
SION REPORT.
(a) TERMS OF THE RESOLUTION.—For purposes of
section 203(b), the term ‘‘joint resolution’’ means only a
joint resolution which is introduced within the 10-day pe-
riod beginning on the date on which the Commission
transmits the report to the Congress under section
202(f)(4), and—
(1) which does not have a preamble;
(2) the matter after the resolving clause of
which is as follows: ‘‘That Congress disapproves the
recommendations of the Energy Laboratory Facili-
ties Commission as submitted on lll’’, the blank
space being filled in with the appropriate date; and
(3) the title of which is as follows: ‘‘Joint reso-
lution disapproving the recommendations of the En-
ergy Laboratory Facilities Commission.’’.
(b) REFERRAL.—A resolution described in subsection
(a) that is introduced in the House of Representatives
shall be referred to the Committee on National Security
and the Committee on Science of the House of Represent-
atives. A resolution described in subsection (a) introduced
in the Senate shall be referred to the Committee on Armed
Services and the Committee on Energy and Natural Re-
sources of the Senate.
(c) DISCHARGE.—If the committee to which a resolu-
tion described in subsection (a) is referred has not re-
ported such resolution (or an identical resolution) by the
end of the 20-day period beginning on the date on which
the Commission transmits the report to the Congress
under section 202(f)(4), such committee shall be, at the
end of such period, discharged from further consideration
of such resolution, and such resolution shall be placed on
the appropriate calendar of the House involved.
(d) CONSIDERATION.—
(1) IN GENERAL.—On or after the third day
after the date on which the committee to which such
a resolution is referred has reported, or has been
discharged (under subsection (c)) from further con-
sideration of, such a resolution, it is in order (even
though a previous motion to the same effect has
been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the
resolution (but only on the day after the calendar
day on which such Member announces to the House
concerned the Member’s intention to do so). All
points of order against the resolution (and against
consideration of the resolution) are waived. The mo-
tion is highly privileged in the House of Representa-
tives and is privileged in the Senate and is not de-
batable. The motion is not subject to amendment, or
to a motion to postpone, or to a motion to proceed
to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to
or disagreed to shall not be in order. If a motion to
proceed to the consideration of the resolution is
agreed to, the respective House shall immediately
proceed to consideration of the joint resolution with-
out intervening motion, order, or other business, and
the resolution shall remain the unfinished business
of the respective House until disposed of.
(2) DEBATE.—Debate on the resolution, and on
all debatable motions and appeals in connection
therewith, shall be limited to not more than 2 hours,
which shall be divided equally between those favoring
and those opposing the resolution. An amendment to
the resolution is not in order. A motion further to
limit debate is in order and not debatable. A motion
to postpone, or a motion to proceed to the consider-
ation of other business, or a motion to recommit the
resolution is not in order. A motion to reconsider the
vote by which the resolution is agreed to or dis-
agreed to is not in order.
(3) QUORUM CALL.—Immediately following the
conclusion of the debate on a resolution described in
subsection (a) and a single quorum call at the con-
clusion of the debate if requested in accordance with
the rules of the appropriate House, the vote on final
passage of the resolution shall occur.
(4) APPEALS FROM DECISION OF CHAIR.—Ap-
peals from the decisions of the Chair relating to the
application of the rules of the Senate or the House
of Representatives, as the case may be, to the proce-
dure relating to a resolution described in subsection
(a) shall be decided without debate.
(e) CONSIDERATION BY OTHER HOUSE.—
(1) IN GENERAL.—If, before the passage by one
House of a resolution of that House described in
subsection (a), that House receives from the other
House a resolution described in subsection (a), then
the following procedures shall apply:
(A) The resolution of the other House shall
not be referred to a committee and may not be
considered in the House receiving it except in
the case of final passage as provided in sub-
paragraph (B)(ii).
(B) With respect to a resolution described
in paragraph (1) of the House receiving the
resolution—
(i) the procedure in that House shall
be the same as if no resolution had been
received from the other House; but
(ii) the vote on final passage shall be
on the resolution of the other House.
(2) CONSIDERATION
AFTER
DISPOSITION
BY
OTHER HOUSE.—Upon disposition of the resolution
received from the other House, it shall no longer be
in order to consider the resolution that originated in
the receiving House.
(f) RULES OF THE SENATE AND HOUSE.—This sec-
tion is enacted by Congress—
(1) as an exercise of the rulemaking power of
the Senate and House of Representatives, respec-
tively, and as such it is deemed a part of the rules
of each House, respectively, but applicable only with
respect to the procedure to be followed in that
House in the case of a resolution described in sub-
section (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in
the case of any other rule of that House.
SEC. 208. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘Account’’ means the Energy
Laboratory Facility Closure Account established in
section 205(a).
(2) The term ‘‘Administrator’’ has the meaning
given such term in section 809(1) of this Act.
(3) The term ‘‘Commission’’ means the Energy
Laboratory Facilities Commission.
(4) The term ‘‘congressional energy commit-
tees’’ means the Committee on Armed Services of
the Senate, the Committee on National Security of
the House of Representatives, the Committee on
Science of the House of Representatives, and the
Committee on Energy and Natural Resources of the
Senate.
(5) The term ‘‘energy laboratory’’ means the
Lawrence Livermore National Laboratory, the Los
Alamos National Laboratory, the Sandia National
Laboratories, the Argonne National Laboratory, the
Brookhaven National Laboratory, the Idaho Na-
tional Engineering Laboratory, the Lawrence Berke-
ley Laboratory, the Oak Ridge National Laboratory,
the Pacific Northwest Laboratory, the National Re-
newable Energy Laboratory, the Ames Laboratory,
the Bates Linear Accelerator Laboratory, the Con-
tinuous Electron Beam Accelerator Facility, the En-
ergy Technology Engineering Center, the Environ-
mental Measurements Laboratory, the Fermi Na-
tional Accelerator Laboratory, the Inhalation Toxi-
cology Research Institute, the Laboratory of
Radiobiology and Environmental Health, the Mor-
gantown Energy Technology Center, the National
Renewable Energy Laboratory, the New Brunswick
Laboratory, the Oak Ridge Institute for Science and
Education, the Pittsburgh Energy Technology Cen-
ter, the Princeton Plasma Physics Laboratory, the
Savannah River Ecology Laboratory, the Savannah
River Technology Center, the Specific Manufac-
turing Capability Facility, or the Stanford Linear
Accelerator Facility.
(6) The term ‘‘the Secretary or the Adminis-
trator, as appropriate’’ means the Secretary of En-
ergy, or, after the effective date stated in section
109(a), the Administrator.
TITLE 
III—PRIVATIZATION 
OF
FEDERAL 
POWER 
MAR-
KETING ADMINISTRATIONS
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Federal Power Asset
Privatization Act of 2001’’.
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. No foreign person or corporation may purchase any
such facilities; 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. The heads of other af-
fected Federal departments and agencies shall assist the
Secretary of Energy in implementing the sales authorized
by this section.
(b) PRICE; STRUCTURE OF SALE.—
(1) PRICE.—The Secretary shall obtain the
highest possible price for such facilities. In deter-
mining the highest possible price, the value of future
tax revenues shall be included.
(2) RETENTION
OF
FINANCIAL
ADVISOR.—In
order to conduct the sales authorized by this section
in such manner as will produce the highest possible
price for the facilities to be sold consistent with this
title, within 30 days of enactment of this section, the
Secretary shall, through a competitive bidding proc-
ess, retain an experienced private sector firm to
serve as financial advisor to the Secretary with re-
spect to such sales.
(3) FINANCIAL ADVISOR’S REPORT.—Within 90
days of being retained by the Secretary, the financial
advisor shall provide to the Secretary a report
containing—
(A) a description of those assets described
in subsection (a) which, in the opinion of the fi-
nancial advisor, can be successfully transferred
to private sector ownership or operation;
(B) the value of each such asset, calculated
on the basis of the valuation method or meth-
ods which the financial advisor deems most ap-
propriate to a particular asset;
(C) the appropriate alternative trans-
actional methods for transferring each such
asset to private sector ownership or operation;
(D) the amount of proceeds which the fi-
nancial advisor estimates would be paid to the
United States Government as a result of such
transaction, including the present value of fu-
ture revenue from taxes and any other future
payments to be made to the United States Gov-
ernment; and
(E) an estimate of the average market rate
for wholesale electric power sales within each
region served by a Federal Power Marketing
Administration.
(c) TIME OF SALE.—Sales of facilities under this sec-
tion shall be conducted in accordance with the time of sale
schedule set forth in section 304. At least 1 year before
the date of any sale specified in such schedule, the Sec-
retary, in consultation with the Secretary of the Army and
the Secretary of the Interior, and based on the rec-
ommendations of the financial advisor, shall select the fa-
cilities or groups of facilities to be sold and establish the
terms and conditions of the sale.
(d) FORMER EMPLOYEES OF PMAS.—It is the sense
of the Congress that the purchaser of any such facilities
should offer to employ, where possible, former employees
of the Federal Power Marketing Administrations in con-
nection with the operation of the facilities following their
purchase.
(e) PROCEEDS.—The Secretary of Energy shall de-
posit sale proceeds in the Treasury of the United States
to the credit of miscellaneous receipts.
(f) PREPARATION.—The Secretary of Energy is au-
thorized to use funds appropriated to the Department of
Energy for the Federal Power Marketing Administrations
and funds otherwise appropriated to other Federal agen-
cies for power generation and related activities in order
to prepare these assets for sale and conveyance. Such
preparation shall provide sufficient title to ensure the ben-
eficial use, enjoyment, and occupancy to the purchasers
of the assets to be sold and shall include identification of
all associated laws and regulations to be amended for the
purpose of these sales. The Secretary of Energy shall un-
dertake a study of the effect of sales of facilities under
this title on existing contracts for the sale of electric power
generated at such facilities.
(g) REPORTING OF SALES.—Not later than one year
after the sale of the assets of each Federal Power Mar-
keting Administration 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.—The Secretary of Energy shall com-
plete the sale of the electric power generation and trans-
mission assets referred to in section 303 in accordance
with the following schedule:
Power Administration
Sale Completion Date
Southeastern
Before September 30, 2001
Southwestern
Before September 30, 2002
Western Area
Before September 30, 2003
(b) UNEXPENDED BALANCES.—Following the sale of
the assets of each of the Federal Power Marketing Admin-
istrations and their associated power generation facilities,
the Secretary of Energy shall return the unexpended bal-
ances of funds appropriated for that administration to the
Treasury of the United States.
SEC. 305. RATE STABILIZATION FOR AFFECTED CON-
SUMERS.
So that the affected consumers of the Federal Power
Marketing Administrations are not impacted by severe
rate increases, each purchaser of electric power generation
facilities providing electric power to customers within any
region shall be required, as part of the agreement to pur-
chase such facilities, to insure that the price at which elec-
tric power is sold to such consumers does not increase
above the baseline price at a rate greater than 10 percent
annually. For purposes of this section, the term ‘‘baseline
price’’ means the price for the sale of electric power to
a consumer that is in effect on the date of the sale of
the facility. The preceding sentence shall cease to apply
when the price at which electric power is sold to a con-
sumer is at least equal to the average market rate for
wholesale electric power sales within the region concerned,
as determined by the Financial Advisor.
SEC. 306. LICENSING OF PROJECTS TO PRESERVE CUR-
RENT OPERATING CONDITIONS.
(a) ORIGINAL LICENSE.—Simultaneously with the
sale of hydroelectric generation facility under this title, the
Federal Energy Regulatory Commission shall issue an
original license under part 1 of the Federal Power Act
(16 U.S.C. 791a–823b) to the purchaser for the construc-
tion, operation, and maintenance of such facility. Such li-
cense shall expire on the date 10 years after the date of
the sale of the facility and shall contain standard terms
and conditions for hydroelectric power licenses issued
under part 1 of such Act for facilities installed at Federal
water projects, together with such additional terms and
conditions as the Commission deems necessary, in con-
sultation with the department or agency which operates
such water project, to further the project purposes and
insure that the project will continue operations in the
same manner and subject to the same procedures, con-
tracts, and other requirements as were applicable prior to
the sale. The Commission shall publish such license terms
and conditions for each facility to be sold under this title
as promptly as practicable after the date of the enactment
of this Act but not later than one year prior to the date
established for the sale of the facility.
(b) LICENSE
REQUIRED.—Notwithstanding any
other provision of law, the Federal Energy Regulatory
Commission shall have jurisdiction under part 1 of the
Federal Power Act over any hydroelectric generation facil-
ity sold under this title.
SEC. 307. ENABLING FEDERAL STUDIES.
Section 505 of the Energy and Water Development
Appropriations Act of 1993 (Public Law 102–377) is
hereby repealed.
SEC. 308. 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) SALE OF RESERVES.—Notwithstanding section
161 of the Energy Policy and Conservation Act, the Sec-
retary of the Interior shall sell the reserves of the Stra-
tegic Petroleum Reserve, in a manner that provides for
minimal disruption of petroleum markets.
(b) 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 (a) 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) 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).
(c) EFFECTIVE DATE.—This section shall take effect
on the effective date stated in section 109(a).