[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1628 Introduced in House (IH)]







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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defense Nuclear Programs 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 matters'' 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 Administrator of 
        the Defense Nuclear Programs Agency.
            (3) The term ``Agency'' means the Defense Nuclear Programs 
        Agency.

SEC. 4. ESTABLISHMENT AND ORGANIZATION OF DEFENSE NUCLEAR PROGRAMS 
              AGENCY.

    (a) Establishment of Defense Nuclear Programs 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 adviser to the President and the 
Secretary of Defense on defense nuclear programs matters. In carrying 
out his duties under this Act, the Administrator shall, under the 
direction of the Secretary of Defense, have primary responsibility 
within the Government for defense nuclear programs 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 serving on active duty may not be appointed Administrator. The 
Administrator 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 Administrator.--A Deputy Administrator 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 
exercise such powers as the Administrator may prescribe. The Deputy 
Administrator shall act for, and exercise the powers of, the 
Administrator during the Administrator's absence or disability or 
during a vacancy in such office. A commissioned officer of the Armed 
Forces serving on active 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 Assistant 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 environmental restoration of defense 
nuclear weapons facilities.
    (3) One of the Assistant Administrators 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 
Laboratory.
    (4) Each Assistant Administrator 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 Inspector General of the 
Agency, who shall be appointed as provided 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 
powers 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 Administrator. 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 Executive 
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 responsible 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 Administrator pursuant to section 6.
    (c) Staff Director of Nuclear Weapons Council.--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 Programs Agency 
shall be the Staff Director of the Council.''.

SEC. 6. TRANSFERS OF FUNCTIONS.

    (a) Department of Energy.--(1) There are hereby transferred to the 
Administrator 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 defense-related environmental management 
programs.
    (2) There are hereby transferred to the Administrator all functions 
performed by the Department of Energy 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 Alamos, 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 Defense 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 Systems Programs.
    (d) Defense Nuclear Facilities Safety Board.--There are hereby 
transferred to the Administrator all functions performed by the Defense 
Nuclear Facilities Safety Board on the day before the date of the 
enactment of this Act.
    (e) Other Nuclear Weapons-Related Functions.--The Secretary of 
Defense may transfer to the Administrator 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 appropriate.
    (f) Conforming Repeals.--
            (1) Assistant to the secretary of defense 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 relating 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 Assistant Secretary 
        of Defense for Atomic Energy or the Defense Nuclear Facilities 
        Safety Board in any provision of law or in any rule, 
        regulation, or other paper of the United States shall be 
        treated as referring to the Administrator.

SEC. 7. LIMITATION ON TRANSFERS OF FUNDS.

    No amount appropriated to the Agency may be transferred 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 appropriated to the Department of Defense or another 
department or agency may be transferred to the Administrator 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 otherwise provided by law, 
the Administrator may, for purposes of performing a function that is 
transferred to the Administrator 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 Office of 
        Management and Budget may take such actions as the Director 
        considers necessary to wind up any outstanding affairs of the 
        Department of Energy associated with the functions that are 
        transferred 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 transferred pursuant to section 6(b), any 
        outstanding affairs of the Department of Defense associated 
        with any functions that may be transferred pursuant to section 
        6(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 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 affairs of the Defense Nuclear Facilities 
        Safety Board.
            (2) Transfer of assets.--So much of the personnel, 
        property, records, and unexpended balances of appropriations, 
        allocations, and other funds employed, used, held, available, 
        or to be made available in connection with a function 
        transferred to the Administrator by this Act are transferred to 
        the Administrator for use in connection with the functions 
        transferred.
            (3) Further measures and dispositions.--Such further 
        measures and dispositions as the President 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, registrations, 
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 functions 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 General or other authorized official, a 
court of competent jurisdiction, or by operation of law.
    (b) Proceedings Not Affected.--The provisions of this Act shall not 
affect any proceedings, including notices 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 applications 
shall be continued. Orders shall be issued in such proceedings, appeals 
shall be taken therefrom, and payments 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, terminated, 
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 extent 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 department 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 ``International 
        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 Programs 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.''.
    (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. 11. EFFECTIVE DATE AND TRANSITION PERIOD.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
shall take effect on the date of the enactment of this Act.
    (b) Delayed Effective Date for Establishment of Agency and 
Transfers of Functions.--Section 4(a) and section 6 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 practicable 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 establishment of the Agency.
                                 <all>