I
104TH CONGRESS
1ST SESSION
H. R. 1628
To establish a Defense Nuclear Programs Agency to carry out all defense
nuclear programs matters.
IN THE HOUSE OF REPRESENTATIVES
MAY 12, 1995
Mr. HOKE introduced the following bill; which was referred to the Committee
on National Security
A BILL
To establish a Defense Nuclear Programs Agency to carry
out all defense nuclear programs matters.
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 ‘‘Defense Nuclear Pro-
grams Agency Organization Act’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Establishment and organization of Defense Nuclear Programs Agency.
Sec. 5. Functions of Defense Nuclear Programs Agency.
Sec. 6. Transfers of functions.
Sec. 7. Limitation on transfers of funds.
Sec. 8. Transition provisions.
Sec. 9. Savings provisions.
Sec. 10. Technical and conforming amendments.
Sec. 11. Effective date and transition period.
SEC. 3. DEFINITIONS.
In this Act:
(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 Strategic Systems Programs of
the Department of the Navy.
(D) The Defense Nuclear Facilities Safety
Board.
(2) The term ‘‘Administrator’’ means the Ad-
ministrator of the Defense Nuclear Programs Agen-
cy.
(3) The term ‘‘Agency’’ means the Defense Nu-
clear Programs Agency.
SEC. 4. ESTABLISHMENT AND ORGANIZATION OF DEFENSE
NUCLEAR PROGRAMS AGENCY.
(a) ESTABLISHMENT OF DEFENSE NUCLEAR PRO-
GRAMS AGENCY.—There is established an agency to be
known as the Defense Nuclear Programs Agency.
(b) ADMINISTRATOR.—The Agency shall be headed
by an Administrator, who shall serve as the principal ad-
viser to the President and the Secretary of Defense on
defense nuclear programs matters. In carrying out his du-
ties under this Act, the Administrator shall, under the di-
rection of the Secretary of Defense, have primary respon-
sibility within the Government for defense nuclear pro-
grams matters. The Administrator shall be appointed by
the President, by and with the advice and consent of the
Senate. A commissioned officer of the Armed Forces serv-
ing on active duty may not be appointed Administrator.
The Administrator shall be compensated at the rate pro-
vided for level II of the Executive Schedule under section
5313 of title 5, United States Code.
(c) DEPUTY ADMINISTRATOR.—A Deputy Adminis-
trator of the Agency shall be appointed by the President,
by and with the advice and consent of the Senate. The
Deputy Administrator shall perform such duties and exer-
cise such powers as the Administrator may prescribe. The
Deputy Administrator shall act for, and exercise the pow-
ers of, the Administrator during the Administrator’s ab-
sence or disability or during a vacancy in such office. A
commissioned officer of the Armed Forces serving on ac-
tive duty may not be appointed Deputy Administrator.
The Deputy Administrator shall be compensated at the
rate provided for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
(d) ASSISTANT ADMINISTRATORS.—(1) Four Assist-
ant Administrators of the Agency shall be appointed by
the President, by and with the advice and consent of the
Senate. They shall perform such duties and exercise such
powers as the Administrator may prescribe.
(2) One of the Assistant Administrators shall have
as his principal duty the overall supervision of environ-
mental restoration of defense nuclear weapons facilities.
(3) One of the Assistant Administrators shall have
as his principal duty the overall supervision of the over-
sight of the defense and nondefense functions and budgets
of the Sandia National Laboratories, the Los Alamos Na-
tional Laboratory, and the Lawrence Livermore National
Laboratory.
(4) Each Assistant Administrator shall be com-
pensated 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 Ad-
ministrator. 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. 5. FUNCTIONS OF DEFENSE NUCLEAR PROGRAMS
AGENCY.
(a) IN GENERAL.—The Administrator shall be re-
sponsible for the exercise of all powers and the discharge
of all duties of the Agency.
(b) TRANSFERRED FUNCTIONS.—The Administrator
shall carry out all functions transferred to the Adminis-
trator pursuant to section 6.
(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 Administrator of the Defense Nuclear Pro-
grams Agency shall be the Staff Director of the Council.’’.
SEC. 6. TRANSFERS OF FUNCTIONS.
(a) DEPARTMENT OF ENERGY.—(1) There are here-
by transferred to the Administrator all functions per-
formed by the Department of Energy on the day before
the date of the enactment of this Act relating to the na-
tional security functions of the Department, including de-
fense, nonproliferation, and defense-related environmental
management programs.
(2) There are hereby transferred to the Adminis-
trator all functions performed by the Department of En-
ergy on the day before the date of the enactment of this
Act relating to the oversight 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 Administrator all functions performed
by the Defense Nuclear Agency of the Department of De-
fense on the day before the date of the enactment of this
Act.
(c) DEPARTMENT OF THE NAVY.—There are hereby
transferred to the Administrator all functions performed
by the Department of the Navy on the day before the date
of the enactment of this Act relating to its Strategic Sys-
tems Programs.
(d) 
DEFENSE
NUCLEAR
FACILITIES
SAFETY
BOARD.—There are hereby transferred to the Adminis-
trator all functions performed by the Defense Nuclear Fa-
cilities Safety Board on the day before the date of the en-
actment of this Act.
(e) OTHER NUCLEAR WEAPONS-RELATED FUNC-
TIONS.—The Secretary of Defense may transfer to the Ad-
ministrator such other functions performed in the Depart-
ment of Defense on the day before the date of the enact-
ment of this Act relating to nuclear weapons as the Sec-
retary considers appropriate.
(f) 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 Administrator.
SEC. 7. 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 Adminis-
trator or to an account for the Agency unless the transfer
of such amount to such account is specifically authorized
by law.
SEC. 8. TRANSITION PROVISIONS.
(a) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, the Administrator may, for purposes
of performing a function that is transferred to the Admin-
istrator 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 performance 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 6(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 6(b), any outstanding af-
fairs of the Department of Defense associated with
any functions that may be transferred pursuant to
section 6(d), and any outstanding affairs of the As-
sistant to the Secretary of Defense for Atomic En-
ergy.
(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 6(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
Administrator by this Act are transferred to the Ad-
ministrator 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. 9. SAVINGS PROVISIONS.
(a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—
All orders, determinations, rules, regulations, permits,
agreements, grants, contracts, certificates, licenses, reg-
istrations, privileges, and other administrative actions—
(1) which have been issued, made, granted, or
allowed to become effective by the President, any
Federal agency or official thereof, or by a court of
competent jurisdiction, in the performance of func-
tions which are transferred under this Act, and
(2) which are in effect at the time this Act
takes effect, or were final before the effective date
of this Act and are to become effective on or after
the effective date of this Act,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Attorney Gen-
eral or other authorized official, a court of competent ju-
risdiction, or by operation of law.
(b) PROCEEDINGS NOT AFFECTED.—The provisions
of this Act shall not affect any proceedings, including no-
tices of proposed rulemaking, or any application for any
license, permit, certificate, or financial assistance pending
at the time this Act takes effect, with respect to functions
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
proceedings 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 deemed to prohibit
the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same ex-
tent that such proceeding could have been discontinued
or modified if this Act had not been enacted.
(c) SUITS NOT AFFECTED.—The provisions of this
Act shall not affect suits commenced before the effective
date of this Act, and in all such suits, proceedings 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 a depart-
ment or agency, functions of which are transferred by this
Act, or by or against any individual in the official capacity
of such individual as an officer of a department or agency,
functions of which are transferred by this Act, shall abate
by reason of the enactment of this Act.
SEC. 10. 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:
‘‘Administrator, Defense Nuclear Programs
Agency.’’.
(2) Section 5314 of title 5, United States Code, is
amended by adding at the end the following:
‘‘Deputy Administrator, Defense Nuclear Pro-
grams Agency.’’.
(3) Section 5315 of title 5, United States Code, is
amended by adding at the end the following:
‘‘Assistant Administrators, Defense Nuclear
Programs Agency (4).
‘‘Inspector General, Defense Nuclear Programs
Agency.’’.