[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1678 Introduced in Senate (IS)]
2d Session
S. 1678
To abolish the Department of Energy, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 16, 1996
Mr. Grams (for himself, Mr. Faircloth, Mr. Abraham, and Mr. Stevens)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To abolish the Department of Energy, and for other purposes.
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 ``Department of Energy Abolishment
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.
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. Restoration of the Federal Energy Regulatory Commission as an
independent agency.
Sec. 108. Disposition of the Energy Information Administration and of
certain energy research programs.
Sec. 109. Disposition of the Energy Regulatory Administration.
Sec. 110. GAO report.
Sec. 111. Conforming amendments.
Sec. 112. Effective date.
TITLE II--ENERGY LABORATORIES
Subtitle A--National Defense Laboratories
Sec. 201. Transfer and discharge of functions.
Subtitle B--Nondefense Energy Laboratories
Sec. 211. Definitions.
Sec. 212. Transfer to National Science Foundation.
Sec. 213. Energy Laboratory Facilities Commission.
Sec. 214. Procedure for making recommendations for laboratory
facilities.
Sec. 215. Fast track congressional consideration of Commission report.
Sec. 216. Closure, reconfiguration, transfer, and privatization of
energy laboratories.
Sec. 217. Implementation of closure, reconfiguration, transfer, and
privatization actions.
Sec. 218. Account.
Sec. 219. Reports on implementation.
TITLE III--POWER MARKETING ADMINISTRATIONS
Sec. 301. Findings.
Sec. 302. Definitions.
Sec. 303. Transfer to Army Corps of Engineers.
TITLE IV--TRANSFER AND DISPOSAL OF RESERVES
Subtitle A--Strategic Petroleum Reserve
Sec. 401. Strategic Petroleum Reserve.
Subtitle B--Naval Petroleum Reserves
Sec. 411. Naval Petroleum Reserves.
TITLE V--NATIONAL SECURITY AND ENVIRONMENTAL MANAGEMENT PROGRAMS
Sec. 501. Establishment and organization of Defense Nuclear Programs
Agency.
Sec. 502. Functions of Defense Nuclear Programs Agency.
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.
TITLE VI--ENVIRONMENTAL RESTORATION ACTIVITIES AT DEFENSE NUCLEAR
FACILITIES
Sec. 601. Environmental restoration activities at Defense nuclear
facilities.
Sec. 602. Conforming amendment.
Sec. 603. Renegotiation of compliance agreements.
TITLE VII--CIVILIAN RADIOACTIVE WASTE MANAGEMENT
Sec. 701. Transfer of authority to the Secretary of the Army.
Sec. 702. Reaffirmation of obligation to accept radioactive waste and
spent nuclear fuel by 1998.
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.
Sec. 806. Authority of Office of Management and Budget with respect to
functions transferred.
Sec. 807. Proposed changes in law.
Sec. 808. Certain vesting of functions considered transfer.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Energy Programs 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, and
organizational entity and any component thereof.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(6) Secretary or administrator.--The term ``Secretary or
Administrator'' means--
(A) with respect to any time prior to the effective
date of this Act, the Secretary of Energy; and
(B) with respect to any time after the effective
date of this Act, the Administrator.
(7) Termination date.--The term ``termination date'' means
the termination date under section 106(d).
(8) Wind-up period.--The term ``wind-up period'' means the
period beginning on the effective date specified in section
109(a) and ending on the termination date.
TITLE I--ABOLISHMENT OF DEPARTMENT OF ENERGY
SEC. 101. REESTABLISHMENT OF DEPARTMENT AS ENERGY PROGRAMS RESOLUTION
AGENCY.
(a) Redesignation.--The Department of Energy is redesignated as the
Energy Programs Resolution 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 receive
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 administrator.--Notwithstanding
any other provision of this Act or any other law, the President
may, at any time after the date of enactment of this Act,
appoint an individual to serve as Administrator of the Energy
Programs Resolution Agency (who may be the person holding the
position of Secretary of Energy on the day before the effective
date of this Act). An appointment under this paragraph shall
not be construed to affect the position of Secretary of Energy
or the authority of the Secretary before the effective date of
this Act.
(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 under 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 necessary, before
the termination date, to wind up any outstanding affairs of the
Agency.
SEC. 102. FUNCTIONS.
Except as otherwise provided in this Act, the Administrator shall
perform all functions that, on the day before the effective date of
this Act, were functions of the Department of Energy (or any office of
the Department) or were performed by the Secretary 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 Administrator; and
(2) perform such functions as may be delegated by the
Administrator.
SEC. 104. CONTINUATION OF SERVICE OF DEPARTMENT OFFICERS.
The person holding the position of Secretary of Energy on the day
before the effective date of this Act and persons holding positions in
the Department of Energy on that date whose appointment is not vested
in the Secretary of Energy--
(1) shall be treated as persons designated to perform the
duties of their offices under sections 3345 and 3346,
respectively, of title 5, United States Code, for the purpose
of establishing the period of time during which those officers
may continue to serve under section 3348 of that title; and
(2) shall continue to be compensated for serving in those
positions at the rate at which those persons were compensated
on that day.
SEC. 105. REORGANIZATION.
The Administrator may, as the Administrator considers necessary or
appropriate--
(1) allocate or reallocate any function of the Agency under
this Act among the officers of the Agency; and
(2) establish, consolidate, alter, or discontinue in the
Agency any organizational entities that were entities of the
Department of Energy.
SEC. 106. ABOLISHMENT OF ENERGY PROGRAMS RESOLUTION AGENCY.
(a) In General.--Effective on the termination date of this Act, the
Energy Programs Resolution Agency is abolished.
(b) Abolition of Functions.--Except for functions transferred or
otherwise continued under this Act, all functions that, immediately
before the termination date, were functions of the Agency are abolished
effective on the termination date.
(c) Plan for Winding Up Affairs.--Not later than the effective date
of this Act, the President shall submit to Congress a plan for winding
up the affairs of the Agency in accordance with this Act and by not
later than the termination date.
(d) Termination Date.--The termination date of this Act is the date
that is 3 years after the date of enactment of this Act.
SEC. 107. RESTORATION OF THE FEDERAL ENERGY REGULATORY COMMISSION AS AN
INDEPENDENT AGENCY.
The Department of Energy Organization Act is amended--
(1) in the first sentence of section 204 (42 U.S.C. 7134)
by striking ``within the Department,'';
(2) in section 401 (42 U.S.C. 7171)--
(A) in subsection (a) by striking ``within the
Department'';
(B) in subsection (c) by striking the second
sentence;
(C) by striking subsection (d); and
(D) in subsection (j)--
(i) in the first sentence--
(I) by striking ``under this Act,
the Secretary'' and inserting ``by the
Commission, the Commission''; and
(II) by striking ``to the Secretary
and''; and
(ii) in the second sentence by striking
``the Secretary,'';
(3) in section 402 (42 U.S.C. 7172) by striking subsections
(c), (d), (e), (f), and (g);
(4) in section 403 (42 U.S.C. 7173)--
(A) in subsection (a) by striking ``Secretary and
the Commission are authorized to'' and inserting
``Commission may''; and
(B) by striking subsection (b);
(5) by striking sections 404, 405, and 406 (42 U.S.C. 7174,
7175, and 7176);
(6) in section 407 (42 U.S.C. 7177)--
(A) in subsection (a)--
(i) by striking ``The Secretary, each
officer of the Department, and each'' and
inserting ``Each''; and
(ii) by striking ``of the Department or'';
and
(B) by striking subsection (b); and
(7) by striking section 501(a)(2) (42 U.S.C. 7191(a)(2)).
SEC. 108. DISPOSITION OF THE ENERGY INFORMATION ADMINISTRATION AND OF
CERTAIN ENERGY RESEARCH PROGRAMS.
(a) Transfer of Functions.--There are transferred to the Secretary
of the Interior--
(1) all of the functions of the Administrator of the Energy
Information Administration; and
(2)(A) the civilian energy research programs under the
Assistant Secretary of Energy for Fossil Energy and the
Assistant Secretary of Energy for Energy Efficiency and
Renewable Energy; and
(B) the science and technology programs under--
(i) the Office of Energy Research;
(ii) the Office of Nuclear Energy Science and
Technology;
(iii) the Office of Science Education and Technical
Information; and
(iv) the Office of Energy Research.
(b) Basic Science Programs.--If the Secretary of the Interior
determines that any of the programs transferred under subsection (a)(2)
is a program that performs basic science research that should be
considered by the Nondefense Energy Laboratory Commission under section
213, the President shall transfer the programs to the National Science
Foundation.
(c) Recommendations for Further Disposition.--Not later than the
date that is 1 year after the date of enactment of this Act, the
Secretary of the Interior shall submit to Congress a report making
recommendations for the permanent disposition of the functions and
programs transferred by subsection (a).
SEC. 109. DISPOSITION OF THE ENERGY REGULATORY ADMINISTRATION.
(a) Transfer of Functions.--There are transferred to the Attorney
General all of the functions of the Administrator of the Energy
Regulatory Administration.
(b) Resolution of Pending Cases.--The Attorney General shall make
best efforts to resolve all cases pending before, or being litigated on
behalf of, the Energy Regulatory Administration by the date that is 1
year after the date of enactment of this Act, achieving such resolution
by means of the alternate dispute resolution process to the extent
possible.
SEC. 110. GAO REPORT.
Not later than 180 days after the date of enactment of this Act,
the Comptroller General of the United States shall submit to Congress a
report that includes recommendations for the most efficient means of
achieving, in accordance with this Act--
(1) the complete abolishment of the Department of Energy;
and
(2) the termination, transfer, or other disposition of the
functions of the Department of Energy.
SEC. 111. CONFORMING AMENDMENTS.
(a) Presidential Succession.--Section 19(d)(1) of title 3, United
States Code, is amended by striking ``Secretary of Energy,''.
(b) Executive Departments.--Section 101 of title 5, United States
Code, is amended by striking the item relating to the Department of
Energy.
(c) Secretary's Compensation.--Section 5312 of title 5, United
States Code, is amended by striking the item relating to the Secretary
of Energy.
(d) Deputy Secretary's Compensation.--Section 5313 of title 5,
United States Code, is amended by striking the item relating to the
Deputy Secretary of Energy.
(e) Under Secretary's Compensation.--Section 5314 of title 5,
United States Code, is amended by striking the item relating to the
Under Secretary, Department of Energy.
(f) Miscellaneous Officers' Compensation.--Section 5315 of title 5,
United States Code, is amended by striking the items relating to the
Assistant Secretaries of Energy, General Counsel of the Department of
Energy, Administrator, Economic Regulatory Administration, Department
of Energy, Administrator, Energy Information Administration, Department
of Energy, Inspector General, Department of Energy, Director, Office of
Energy Research, Department of Energy, and Chief Financial Officer,
Department of Energy.
(g) Inspector General Act of 1978.--The Inspector 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,''; and
(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.) are repealed:
(1) Sections 1 and 2.
(2) Titles I, II, and III.
SEC. 112. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title
shall take effect on the date that is 180 days after the date of
enactment of this Act.
(b) Provisions Effective on Date of Enactment.--Sections 101,
106(c), and 107 shall take effect on the date of enactment of this Act.
TITLE II--ENERGY LABORATORIES
Subtitle A--National Defense Laboratories
SEC. 201. TRANSFER AND DISCHARGE OF FUNCTIONS.
(a) Definition.--In this section, the term ``national defense
laboratories'' means--
(1) the Lawrence Livermore National Laboratory;
(2) the Los Alamos National Laboratory; and
(3) the Sandia National Laboratories.
(b) Transfer of Functions.--The functions of the national defense
laboratories are transferred to the Under Secretary of Defense for
Defense Nuclear Programs under title V of this Act (relating to
national security and environmental management programs of the
Department of Energy), who shall carry out such functions in accordance
with that title through the Defense Nuclear Programs Agency established
by that title.
Subtitle B--Nondefense Energy Laboratories
SEC. 211. DEFINITIONS.
In this title:
(1) Account.--The term ``Account'' means the Energy
Laboratory Facility Closure Account established under section
207(a).
(2) Basic science program.--The term ``basic science
program'' means a program transferred to the National Science
Foundation under section 108(b).
(3) Commission.--The term ``Commission'' means the Energy
Laboratory Facilities Commission.
(4) Congressional energy committees.--The term
``congressional energy committees'' 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) Nondefense energy laboratory.--The term ``nondefense
energy laboratory'' means the Ames Laboratory, the Argonne
National Laboratory, the Bates Linear Accelerator Laboratory,
the Bettis Atomic Power Laboratory, the Brookhaven National
Laboratory, the Continuous Electron Beam Accelerator Facility,
the Energy Technology Engineering Center, the Environmental
Measurements Laboratory, the Fermi National Accelerator
Laboratory, the Idaho National Engineering Laboratory, the
Inhalation Toxicology Research Institute, the Knolls Atomic
Power Laboratory, the Laboratory of Radiobiology and
Environmental Health, the Lawrence Berkeley Laboratory, the
Morgantown Energy Technology Center, the National Renewable
Energy Laboratory, the New Brunswick Laboratory, the Oak Ridge
Institute for Science and Education, the Oak Ridge National
Laboratory, the Pacific Northwest Laboratory, the Pittsburgh
Energy Technology Center, the Princeton Plasma Physics
Laboratory, the Savannah River Ecology Laboratory, the Savannah
River Technology Center, the Specific Manufacturing Capability
Facility, or the Stanford Linear Accelerator Facility.
(6) Resolution of approval.--The term ``resolution of
approval'' means a joint resolution--
(A) that is introduced within the 10-day period
beginning on the date on which the Commission transmits
the report to the Congress under section 204(f)(4);
(B) the title of which is as follows: ``Joint
resolution approving the recommendations of the Energy
Laboratory Facilities Commission.'';
(C) that does not have a preamble;
(D) the matter after the resolving clause of which
is as follows: ``That Congress approves the
recommendations of the Energy Laboratory Facilities
Commission as submitted on ____'', the blank space
being filled in with the appropriate date; and
(E) that contains no other matter.
SEC. 212. TRANSFER TO NATIONAL SCIENCE FOUNDATION.
There are transferred to the National Science Foundation all of the
functions of the Secretary relating to the nondefense energy
laboratories.
SEC. 213. ENERGY LABORATORY FACILITIES COMMISSION.
(a) Establishment.--There is established an independent commission,
to be known as the ``Nondefense Energy Laboratory Commission'', for the
purpose of making recommendations to Congress whether any of the
nondefense energy laboratories or programs at nondefense energy
laboratories or any of the basic science programs should be continued
through reconfiguration, transfer, or privatization, rather than being
closed in accordance with section 220.
(b) Duties.--The Commission shall carry out the duties specified
for the Commission in this subtitle.
(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.
(2) Nominations.--The President shall transmit to the
Senate the nominations for appointment to the Commission not
later than 90 days after the date of enactment of this Act.
(3) Disqualification of government employees.--An employee
of the United States shall not be eligible to serve on the
Commission.
(4) Consultation.--In selecting persons for nominations for
appointments to the Commission, the President shall consult
with--
(A) the Speaker of the House of Representatives
concerning the appointment of 2 members; and
(B) the majority leader of the Senate concerning
the appointment of 2 members.
(5) Chairperson.--At the time at which the President
submits nominations for appointment to the Commission, the
President shall designate 1 of the nominees for appointment as
Chairperson of the Commission.
(d) Terms.--The term of each member of the Commission shall expire
on the termination of the Commission under subsection (l).
(e) Meetings.--Each meeting of the Commission, other than a meeting
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) Members.--Each member of the Commission other
than the Chairperson shall be paid at a rate equal to
the daily equivalent of the minimum 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 performance of duties of
the Commission.
(B) Chairperson.--The Chairperson of the Commission
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.--A member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(h) Director.--
(1) In general.--The Commission shall, without regard to
section 5311(b) of title 5, United States Code, appoint a
Director who--
(A) has not served as a civilian employee of the
Department of Energy during the 2-year period preceding
the date of appointment;
(B) has not been an employee of an energy
laboratory of the Department of Energy during the 5-
year period preceding the date of appointment; and
(C) has not been an employee of a contractor
operating an energy laboratory of the Department of
Energy during the 5-year period preceding the date of
appointment.
(2) Pay.--The Director shall be paid at the rate of basic
pay payable for level IV of the Executive 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 approval 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 competitive 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
relating to classification and General Schedule pay rates,
except that a person so appointed may not receive 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.--
(A) DOE employees.--Not more than one-third of the
personnel employed by or detailed to the Commission
shall be persons who were employed by the Department of
Energy on the day before the date of enactment of this
Act.
(B) Laboratory employees.--No employee of a
nondefense laboratory or of any other energy laboratory
of the Department of Energy or of a contractor that
operates an energy laboratory of the Department of
Energy may be detailed to the Commission.
(4) Support from other agencies.--At the request of the
Director, the head of a Federal agency may detail any of the
personnel of the agency to the Commission to assist the
Commission in carrying out its duties.
(5) Support from comptroller general.--The Comptroller
General of the United States shall provide assistance,
including the detailing of employees, to the Commission in
accordance with an agreement entered into with the Commission.
(j) Other Authority.--
(1) Temporary and intermittent services.--The Commission
may procure by contract, to the extent that funds are
available, the temporary or intermittent services of experts or
consultants pursuant to section 3109 of title 5, United States
Code.
(2) Authority to lease space and acquire certain
property.--
(A) In general.--The Commission may lease space and
acquire personal property to the extent funds are
available.
(B) RTC properties.--To the extent practicable, the
Commission shall use suitable real property available
under the most recent inventory of real property assets
published by the Resolution Trust Corporation under
section 21A(b)(11)(F) of the Federal Home Loan Bank Act
(12 U.S.C. 1441a(b)(11)(F)).
(k) Funding.--There are authorized to be appropriated to the
Commission such sums as are necessary to carry out its duties under
this subtitle, to remain available until expended.
(l) Termination.--The Commission shall terminate on the date that
is 45 days after the date on which the Commission submits a final
report under section 204(f)(4).
SEC. 214. PROCEDURE FOR MAKING RECOMMENDATIONS FOR LABORATORY
FACILITIES.
(a) Selection Criteria.--In making a recommendation for the
reconfiguration, transfer, or privatization of a nondefense energy
laboratory or program at a nondefense energy laboratory or of a basic
science program, the Secretary or Administrator and the Commission
shall--
(1) presume that a nondefense energy laboratory or basic
science program should be closed unless the laboratory performs
a function that is essential to the needs of the United States,
particularly a national security need;
(2) take into account the recommendations made in the
report entitled ``Alternative Fixtures for the Department of
Energy Laboratories'', submitted to the Secretary of Energy in
February 1995 (commonly known as the ``Galvin Report'';
(3) eliminate duplication of effort by nondefense energy
laboratories and basic science programs and reduce overhead
costs as a proportion of program benefits distributed through a
nondefense energy laboratory or basic science program;
(4) seek to achieve cost savings for the overall budget for
the nondefense energy laboratories and basic programs;
(5) define appropriate missions for each nondefense energy
laboratory and basic science program and ensure that the
activities of each such laboratory and basic science program
are focused on its mission;
(6) consider the program costs and program distributions on
a State and county basis, including real and personal property
costs associated with each nondefense energy laboratory and
basic science program considered;
(7) consider the number of participants in programs
conducted through a nondefense energy laboratory and basic
science program and staff resources engaged in those programs;
(8) estimate the cost savings and increases that would
accrue through the reconfiguration of nondefense energy
laboratories and basic science programs;
(9) consider the potential of each nondefense energy
laboratory and basic science program to generate revenues or to
offset costs; and
(10) consider the reconfiguration, transfer, or
privatization of nondefense energy laboratories and basic
science programs as an alternative to closure.
(b) Recommendations.--
(1) Publication and transmittal.--Not later than 90 days
after the date of enactment of this Act, the Secretary or
Administrator shall publish in the Federal Register and
transmit to the congressional energy committees and the
Commission a list of the nondefense energy laboratories and
basic science programs that the Secretary or Administrator
recommends for reconfiguration, transfer, and privatization,
respectively.
(2) Summary of selection process.--The Secretary or
Administrator shall include with the list under paragraph (1) a
summary of the selection process that resulted in the
recommendation for each nondefense energy laboratory and basic
science program, including a justification for each
recommendation.
(c) Equal Consideration of Laboratories.--In considering nondefense
energy laboratories and basic science programs for reconfiguration,
transfer, or privatization, the Secretary or Administrator shall
consider all nondefense energy laboratories and basic science programs
equally without regard to whether a nondefense energy laboratory or
basic science program has been previously considered or proposed for
reconfiguration, transfer, privatization, or closure by the Secretary
of Energy.
(d) Availability of Information.--The Secretary or Administrator
shall make available to the Commission and the Comptroller General of
the United States all information used by the Secretary or
Administrator in making recommendations under this section.
(e) Independent Audit.--
(1) Request for proposals.--Not later than 30 days after
the date of 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 paragraph (3).
(2) Submission of proposals.--Proposals shall be due in
response to the request for proposals under paragraph (1) on a
date specified in the request for proposals, which shall be a
date not later than 60 days after the date of enactment of this
Act.
(3) Contract.--Not later than 90 days after the date of
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 nondefense energy
laboratories and basic science programs and their programs,
facilities, and assets.
(4) Assessment of commercial potential.--The audit shall
assess the commercial potential of the nondefense energy
laboratories and their programs and of the basic science
programs and make recommendations on how the Government could
best realize that potential.
(5) Submission.--The audit shall be completed and submitted
to the Commission, the Secretary or Administrator and the
congressional energy committees not later than 270 days after
the date of enactment of this Act.
(f) Review and Recommendations by the Commission.--
(1) Public hearings.--After receiving the recommendations
from the Secretary or Administrator under 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 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 Administrator and the
audit under subsection (e), including the Commission's
recommendations for reconfiguration, privatization, or closure
of each nondefense energy laboratory.
(3) Deviation from recommendations.--
(A) In general.--In making its recommendations, the
Commission may make changes in any of the
recommendations made by the Secretary or Administrator
if the Commission determines that the Secretary or
Administrator deviated substantially from the criteria
described in subsection (a) in making recommendations.
(B) Justification.--The Commission shall justify in
the report any recommendation made by the Commission
that is different from a recommendation made by the
Secretary or Administrator.
(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 Commission shall, not later than 15 months
after the date of enactment of this Act, transmit to the
Administrator and the congressional 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 at the request of a member of Congress, provide the
member information used by the Commission in making
recommendations.
(g) Assistance From Comptroller General.--The Comptroller General
of the United States shall--
(1) assist the Commission, to the extent requested, in the
Commission's review and analysis of the recommendations made by
the Secretary or Administrator pursuant to subsection (b); and
(2) not later than 30 days after the date of transmittal of
the final report under section 204(f)(4), transmit to the
congressional energy committees and to the Commission a report
containing a detailed analysis of the recommendations of the
Secretary or Administrator and the selection process.
SEC. 215. FAST TRACK CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.
(a) Referral.--
(1) House.--A resolution of approval 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 Representatives.
(2) Senate.--A resolution of approval that is introduced in
the Senate shall be referred to the Committee on Armed Services
and the Committee on Energy and Natural Resources of the
Senate.
(b) Discharge.--If the committee to which a resolution of approval
is referred has not reported the resolution of approval by the end of
the 20-day period beginning on the date on which the Commission
transmits the report to Congress under section 204(f)(4), the committee
shall, at the end of that period, be discharged from further
consideration of the resolution of approval, and the resolution of
approval shall be placed on the appropriate calendar of the House of
Representatives or the Senate, as the case may be.
(c) Consideration.--
(1) Motion to proceed to consideration.--
(A) Motion in order.--On or after the third day
after the date on which the committee to which a
resolution of approval is referred has reported, or has
been discharged (under subsection (b)) from further
consideration of, the resolution of approval, it is in
order (even though a previous motion to the same effect
has been disagreed to) for any member of the House of
Representatives or the Senate, respectively, to move to
proceed to the consideration of the resolution of
approval (but only on the date after the calendar day
on which the member announces to the House of Congress
concerned the member's intention to do so).
(B) Waiver of points of order.--All points of order
against a resolution of approval (and against
consideration of the resolution of approval) are
waived.
(C) Privilege.--A motion to proceed to the
consideration of a resolution of approval is highly
privileged in the House of Representatives and is
privileged in the Senate and is not debatable.
(D) No amendment or postponement.--A motion
described in subparagraph (C) is not subject to
amendment, to a motion to postpone consideration of the
resolution of approval, or to a motion to proceed to
the consideration of other business.
(E) No motion to reconsider.--A motion to
reconsider the vote by which a motion described in
subparagraph (C) is agreed to or not agreed to shall
not be in order.
(F) Consideration.--If a motion described in
subparagraph (C) is agreed to, the House of
Representatives or the Senate, as the case may be,
shall immediately proceed to consideration of the
resolution of approval without intervening motion,
order, or other business, and the resolution of
approval shall remain the unfinished business of the
House of Representatives or the Senate, as the case may
be, until disposed of.
(2) Debate.--
(A) Time.--Debate on a resolution of approval and
on all debatable motions and appeals in connection with
a resolution of approval shall be limited to not more
than 2 hours, which shall be divided equally between
those favoring and those opposing the resolution of
approval.
(B) No amendment.--No amendment to a resolution of
approval is in order, except an amendment that strikes
a recommendation that a nondefense energy laboratory or
basic science program be reconfigured, transferred, or
privatized.
(C) Motion to limit debate.--A motion further to
limit debate on a resolution of approval is in order
and not debatable.
(D) No motion to postpone.--A motion to postpone
consideration of a resolution of approval, a motion to
proceed to the consideration of other business, or a
motion to recommit the resolution of approval is not in
order.
(E) No motion to reconsider.--A motion to
reconsider the vote by which a resolution of approval
is agreed to or not agreed to is not in order.
(3) Vote on final passage.--Immediately following the
conclusion of the debate on a resolution of approval and a
single quorum call at the conclusion of the debate if requested
in accordance with the rules of the House of Representatives or
the Senate, as the case may be, the vote on final passage of
the resolution of approval shall occur.
(4) Appeals from decision of chair.--Appeals from the
decisions of the Chair relating to the application of the rules
of the House of Representatives or of the Senate, as the case
may be, to the procedure relating to a resolution of approval
shall be decided without debate.
(d) Consideration by Other House.--
(1) Procedure.--If, before the passage by one House of
Congress of a resolution of approval that was introduced in
that House, that House receives from the other House a
resolution of approval--
(A) the resolution of approval of the other House
shall not be referred to a committee and may not be
considered in the House that receives it otherwise than
on final passage under subparagraph (B)(ii); and
(B)(i) the procedure in the House that receives
such a resolution of approval with respect to the
resolution of approval that was introduced in that
House shall be the same as if no resolution of approval
had been received from the other House; but
(ii) the vote on final passage shall be on the
resolution of approval of the other House.
(2) No consideration.--On disposition of a resolution of
approval that is received by one House from the other House, it
shall no longer be in order to consider such a resolution of
approval that was introduced in the receiving House.
(e) Rules of the House of Representatives and Senate.--This section
is enacted by Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and Senate, respectively, and is deemed to be
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 of approval, and it supersedes
other rules only to the extent that it is inconsistent with
those rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate 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. 216. CLOSURE, RECONFIGURATION, TRANSFER, AND PRIVATIZATION OF
ENERGY LABORATORIES.
Subject to subsection (b), the President shall--
(1) not later than 1 year after the date of the transmittal
of the final report under section 204(f)(4), close all
nondefense energy laboratories and basic science programs
except those that the Commission report recommends for
reconfiguration, transfer, or privatization;
(2) not later than 1 year after the date of the transmittal
of the final report under section 204(f)(4), close all
nondefense energy laboratories and basic science programs that
the Commission report recommends for reconfiguration or
transfer, unless Congress has enacted a resolution of approval
approving a reconfiguration or transfer, in which case the
President shall effect the reconfiguration or transfer not
later than 180 days after the date of the resolution of
approval; and
(3) not later than 18 months after the date of the
transmittal of the final report under section 204(f)(4), close
all nondefense energy laboratories and basic science programs
that the Commission report recommends for privatization, unless
Congress has enacted a resolution of approval approving the
privatization, in which case the President shall effect the
privatization not later than 180 days after the date of the
resolution of approval.
SEC. 217. IMPLEMENTATION OF CLOSURE, RECONFIGURATION, TRANSFER, AND
PRIVATIZATION ACTIONS.
(a) Implementation.--
(1) In general.--In closing, reconfiguring, transferring,
or privatizing a nondefense energy laboratory or basic science
program under this title, the President shall--
(A) take such actions as are necessary to close,
reconfigure, transfer, or privatize the nondefense
energy laboratory or basic science program;
(B) take such steps as are necessary to ensure the
safekeeping of all records stored at the nondefense
energy laboratory or basic science program; and
(C) direct the reimbursement of Federal agencies
for actions performed at the request of the President
with respect to any such closure, reconfiguration,
transfer, or privatization using funds in the Account
or funds appropriated to the Department of Energy and
available for that purpose.
(2) Funding.--In carrying out activities referred to in
paragraph (1), the Secretary or Administrator may use funds in
the Energy Laboratory Facility Closure Account established
under section 218(a) or funds appropriated to the Department of
Energy or the Agency and available for the purpose.
(b) Management and Disposal of Property.--
(1) In general.--The Administrator of General Services
shall delegate to the Secretary or Administrator, with respect
to excess and surplus real property and facilities located at a
nondefense energy laboratory or basic science program that is
closed, reconfigured, transferred, or privatized under this
title, authority--
(A) to utilize excess property under section 202 of
the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 483);
(B) to dispose of surplus property under section
203 of that Act (40 U.S.C. 484);
(C) to grant approvals and make determinations
under section 13(g) of the Surplus Property Act of 1944
(50 U.S.C. App. 1622(g)); and
(D) 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 subparagraph (C), the
Secretary or Administrator shall exercise the authority
delegated to the Secretary or Administrator under
paragraph (1) in accordance with all regulations in
effect on the date of enactment of this Act governing--
(i) the utilization of excess property and
the disposal of surplus property under the
Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 471 et seq.); and
(ii) the conveyance and disposal of
property under section 13(g) of the Surplus
Property Act of 1944 (50 U.S.C. App. 1622(g)).
(B) Regulations.--The Secretary or Administrator,
after consulting with the Administrator of General
Services, may issue regulations that are necessary to
carry out the delegation of authority under paragraph
(1).
(C) Limitation.--The authority required to be
delegated by paragraph (1) to the Secretary or
Administrator by the Administrator of General Services
does not include the authority to prescribe general
policies and methods for utilizing excess property and
disposing of surplus property.
(c) Waiver.--The President may close, reconfigure, transfer, or
privatize a nondefense energy laboratory or basic science program under
this subtitle without regard to any law restricting the use of funds
for reconfiguring, transferring, privatizing, or closing energy
laboratories or basic science programs included in any appropriations
or authorization Act.
SEC. 218. ACCOUNT.
(a) Establishment.--There is established in the Treasury of the
United States an account to be known as the ``Energy Laboratory
Facility Closure Account'', which shall be administered by the
Secretary or Administrator as a single account.
(b) Content of Account.--There shall be deposited in the Account--
(1) funds authorized for and appropriated to the Account;
and
(2) any funds that the President or the Secretary or
Administrator 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 transferred only after the date on which the President
or the Secretary or Administrator transmits written notice of,
and justification for, such transfer to the congressional
energy committees.
(c) Use of Funds.--The President or the Secretary or Administrator
may use the funds in the Account only for the purposes described in
section 217(a).
(d) Reports.--
(1) In general.--Not later than 60 days after the end of
each fiscal year in which the President or the Secretary or
Administrator carries out activities under this title, the
President or the Secretary or Administrator 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 the fiscal year and of the amount and nature of
other expenditures made pursuant to section 204(a) during such
fiscal year.
(2) Unobligated funds.--Unobligated funds shall be held in
the Account until transferred by law.
SEC. 219. REPORTS ON IMPLEMENTATION.
As part of the budget request for each fiscal year in which the
President or the Secretary or Administrator is authorized to carry out
activities under this subtitle, the President shall transmit to the
congressional energy committees--
(1) a schedule of the closure, reconfiguration, transfer,
and privatization actions to be carried out under this subtitle
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 closure, reconfiguration, transfer,
and privatization and of the time period in which the 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 closures,
reconfigurations, transfers, and privatizations.
TITLE III--POWER MARKETING ADMINISTRATIONS
SEC. 301. FINDINGS.
Congress finds that--
(1) the Federal power marketing administrations have served
over the years to help bring electricity to many areas of the
Nation;
(2) the receipt of transmission access by all parties
resulting from the amendments to section 212 of the Federal
Power Act (16 U.S.C. 824k) made by section 722 of the Energy
Policy Act of 1992 (106 Stat. 2916) allows wholesale customers
to purchase power from numerous sources;
(3) in fairness to longtime consumers of the power
marketing administrations, any changes to the current
operations of the power marketing administrations should
consider the impact on those customers and provide an
opportunity for those customers to contribute their expertise
in the process.
SEC. 302. DEFINITIONS.
In this title, the term ``power marketing administration'' means--
(1) the Bonneville Power Administration;
(2) the Southeastern Power Administration;
(3) the Southwestern Power Administration; and
(4) the Western Area Power Administration.
SEC. 303. TRANSFER TO ARMY CORPS OF ENGINEERS.
(a) Transfer of Functions.--There are transferred to the Secretary
of the Army, acting through the Chief of Engineers of the Army Corps of
Engineers, all of the functions of--
(1) the Administrator of the Bonneville Power
Administration;
(2) the Administrator of the Southeastern Power
Administration;
(3) the Administrator of the Southwestern Power
Administration; and
(4) the Administrator of the Western Area Power
Administration.
(b) Study and Recommendations by the Comptroller General.--Not
later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) perform a study of each power marketing administration
that recognizes the uniqueness of each power marketing
administration; and
(2) submit to Congress a comprehensive report that--
(A) catalogues the assets and liabilities of each
power marketing administration, including any
unrealized obligations to contribute funds or deliver
electric power for purposes established under law in
effect on the date of enactment of this Act;
(B) considers all reasonable options for
restructuring of the power marketing administrations;
(C) considers how best to protect the economic
interests of current customers of the power marketing
administrations while protecting the taxpayers; and
(D) makes recommendations to Congress for the final
disposition of the power marketing administrations.
(c) Current Customer Contracts.--It is the intent of Congress
that--
(1) under any final disposition of the power marketing
administration that Congress may approve, any purchaser of
facilities shall be required to maintain any contracts with
customers that, as of the effective date, are in force for the
remaining life of the contracts; and
(2) any sales of facilities shall be effectuated in a
manner that minimizes the impact on the ultimate ratepayers.
TITLE IV--TRANSFER AND DISPOSAL OF RESERVES
Subtitle A--Strategic Petroleum Reserve
SEC. 401. STRATEGIC PETROLEUM RESERVE.
(a) Definition.--In this section, the term ``Strategic Petroleum
Reserve'' means petroleum products stored in storage facilities
pursuant to part B of title I of the Energy Policy and Conservation Act
(42 U.S.C. 6231 et seq.), including the Industrial Petroleum Reserve,
the Early Storage Reserve, and the Regional Petroleum Reserve.
(b) Transfer of Functions.--There are transferred to the Secretary
of Defense all functions performed by the Secretary of Energy with
respect to the Strategic Petroleum Reserve on the date before the date
of the enactment of this Act.
(c) Plan for Disposal of Reserve.--
(1) Submission to congress.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Defense
shall submit to Congress a plan for the disposal of the
Strategic Petroleum Reserve (other than the portions of the
reserve that the Secretary proposes to retain in order to meet
the national security interests of the United States).
(2) Deadline.--The plan under paragraph (1) shall provide
for the disposal of the reserve not later than 3 years after
the date of the enactment of this Act.
(3) Contents.--The plan shall contain--
(A) an assessment of the volume of petroleum
products in the Strategic Petroleum Reserve (other than
the reserves held at Weeks Island, Louisiana) that the
Secretary of Defense proposes to retain in order to
meet the national security interests of the United
States;
(B) a list of the storage facilities (including the
storage facilities of the Strategic Petroleum Reserve,
if appropriate) at which such petroleum products will
be retained, and the volume of petroleum products that
will be retained at each storage facility;
(C) a proposal for the disposal of the petroleum
products in the Strategic Petroleum Reserve on the date
of enactment of this Act that will not be retained,
including a detailed schedule for the disposal of such
petroleum products; and
(D) a plan for the disposal of the reserves held at
Weeks Island, Louisiana.
(d) GAO Report.--Not later than 90 days after the date on which the
Secretary of Defense submits the plan under subsection (c), the
Comptroller General of the United States shall submit to Congress a
study that--
(1) examines whether the plan provides for the disposal of
any portions of the Strategic Petroleum Reserve that may be
needed to be retained in order to ensure that the national
security interests of the United States are met; and
(2) sets forth the costs of retaining portions of the
Strategic Petroleum Reserve that should be retained.
(e) Implementation of Plan.--The Secretary shall carry out the plan
under subsection (c) not later than 3 years after the date of enactment
of this Act.
Subtitle B--Naval Petroleum Reserves
SEC. 411. NAVAL PETROLEUM RESERVES.
(a) Definition.--For purposes of this section, the term ``naval
petroleum reserves'' has the meaning given that term in section 7420(2)
of title 10, United States Code, except that the term does not include
Naval Petroleum Reserve Numbered 1 (Elk Hills).
(b) Transfer of Functions.--There are transferred to the
Administrator of the Energy Programs Resolution Agency all functions
performed with respect to the naval petroleum reserves.
(c) Disposal of Reserves.--
(1) Disposal within 1 year.--The Administrator shall, to
the maximum extent practicable, take appropriate actions to
carry out the disposal of the reserves of the naval petroleum
reserves not later than 1 year after the date of enactment of
this Act.
(2) Joint plan.--The Administrator shall carry out the
disposal in accordance with a plan jointly developed by the
Administrator, the Secretary of the Interior, and the Secretary
of the Army.
(d) Transfer of Remaining Reserves.--At the end of the 1-year
period beginning on the date of enactment of this Act, the
Administrator shall transfer to the Secretary of the Interior all
functions performed by the Administrator with respect to the portions
of the naval petroleum reserves that are not disposed of by the
Administrator under subsection (c) during that period.
(e) Conforming Amendments.--(1)(A) Chapter 641 of title 10, United
States Code, is repealed.
(B) The table of chapters at the beginning of subtitle C of title
10, United States Code, and at the beginning of part IV of that
subtitle, are each amended by striking the item relating to chapter
641.
(2) The amendments made by paragraph (1) shall take effect 1 year
after the date of enactment of this Act.
TITLE V--NATIONAL SECURITY AND ENVIRONMENTAL MANAGEMENT PROGRAMS
SEC. 501. ESTABLISHMENT AND ORGANIZATION OF DEFENSE NUCLEAR PROGRAMS
AGENCY.
(a) Establishment of Defense Nuclear Programs Agency.--
(1) Definition.--In this subsection, 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 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) Establishment.--There is established in the Department
of Defense an agency to be known as the Defense Nuclear
Programs Agency, which shall have primary responsibility within
the Government for defense nuclear program matters.
(b) Under Secretary.--Chapter 4 of title 10, United States Code, is
amended by inserting after section 133a the following:
``Sec. 133b. Under Secretary of Defense for Defense Nuclear Programs
``(a) There is an Under Secretary of Defense for Defense Nuclear
Programs, appointed from civilian life by the President, by and with
the advice and consent of the Senate.
``(b) The Under Secretary of Defense for Defense Nuclear Programs
shall serve as the principal adviser to the President and the Secretary
of Defense on all programs and matters related to the military use of
nuclear energy and nuclear weapons.
``(c) Subject to the authority, direction, and control of the
Secretary of Defense, the Under Secretary of Defense for Defense
Nuclear Programs shall have primary responsibility within the
Government for the programs and matters referred to in subsection (b).
``(d) The Under Secretary of Defense for Defense Nuclear Programs
takes precedence in the Department of Defense after the Under Secretary
of Defense for Acquisition and Technology.''.
(c) Deputy Under Secretary.--Chapter 4 of title 10, United States
Code, as amended by subsection (b), is amended by inserting after
section 133b the following:
``Sec. 133c. Deputy Under Secretary of Defense for Defense Nuclear
Programs
``(a) There is a Deputy Under Secretary of Defense for Defense
Nuclear Programs, appointed from civilian life by the President, by and
with the advice and consent of the Senate.
``(b) The Deputy Under Secretary shall assist the Under Secretary
of Defense for Defense Nuclear Programs in the performance of his
duties. The Deputy Under Secretary of Defense for Defense Nuclear
Programs shall act for, and exercise the powers of, the Under Secretary
when the Under Secretary is absent or disabled.''.
(d) Assistant Secretaries.--Section 138 of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``eleven'' and inserting
``fifteen''; and
(2) by adding at the end of subsection (c) the following:
``(6) One of the Assistant Secretaries shall be the Assistant
Secretary for Defense Nuclear Weapons Facilities Restoration who shall
have as his principal duty the overall supervision of environmental
restoration of defense nuclear weapons facilities.
``(7) One of the Assistant Secretaries shall be the Assistant
Secretary for Defense Nuclear Laboratories who shall have as his
principal duty the overall supervision of the oversight of the
functions and budgets of the Sandia National Laboratories, the Los
Alamos National Laboratory, and the Lawrence Livermore National
Laboratory.''.
(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 Under Secretary of Defense for
Defense Nuclear Programs. The General Counsel shall be the chief legal
officer for all legal matters arising from the conduct of the functions
of the Agency.
(g) Conforming Amendments.--(1) Section 134(c) of title 10, United
States Code, is amended by inserting ``the Under Secretary of Defense
for Defense Nuclear Programs,'' after ``the Under Secretary of Defense
for Acquisition and Technology,''.
(2) The table of sections at the beginning of chapter 4 of such
title is amended by inserting after the item relating to section 133a
the following new items:
``133b. Under Secretary of Defense for Defense Nuclear Programs.
``133c. Deputy Under Secretary of Defense for Defense Nuclear
Programs.''.
SEC. 502. 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 Defense Nuclear Programs Agency established under
section 501.
(b) Transferred Functions.--The Under Secretary for Defense Nuclear
Programs shall carry out all functions transferred to the Under
Secretary under section 503.
(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 Under Secretary for Defense Nuclear Programs shall be the
Staff Director of the Council.''.
SEC. 503. TRANSFERS OF FUNCTIONS.
(a) Department of Energy.--
(1) National security functions.--There are transferred to
the Under Secretary for Defense Nuclear Programs all functions
performed by the Department of Energy on the day before the
date of enactment of this Act relating to the national security
functions of the Department, including defense,
nonproliferation, and defense-related environmental management
programs.
(2) Oversight functions.--There are transferred to the
Under Secretary for Defense Nuclear Programs all functions
performed by the Department of Energy on the day before the
date of enactment of this Act relating to the oversight of the
defense and nondefense functions and budgets of the following
energy 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 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 enactment of this Act relating to nuclear weapons systems.
(c) Defense Nuclear Facilities Safety Board.--There are transferred
to the Under Secretary for Defense Nuclear Programs all functions
performed by the Defense Nuclear Facilities Safety Board on the day
before the date of enactment of this Act.
(d) Other Nuclear Weapons-Related Functions.--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 enactment of this Act relating to nuclear
weapons as the Secretary considers appropriate.
(e) Conforming Repeals.--
(1) Assistant to the secretary of defense for atomic
energy.--(A) Section 141 of title 10, United States Code, is
repealed.
(B) The table of sections at the beginning of chapter 4 of
title 10, United States Code, is amended by striking the item
relating to section 141.
(2) Defense nuclear facilities safety board.--Chapter 21 of
the Atomic Energy Act of 1954 (42 U.S.C. 2286) is repealed.
(3) References.--Any reference to the Assistant Secretary
of Defense for Atomic Energy or the Defense Nuclear Facilities
Safety Board in any law or in any rule, regulation, or other
paper of the United States shall be treated as a reference to
the Under Secretary for Defense Nuclear Programs.
SEC. 504. LIMITATION ON TRANSFERS OF FUNDS.
(a) Appropriations to the Defense Nuclear Programs Agency.--No
amount appropriated to the Defense Nuclear Programs Agency may be
transferred to any other account (other than another account of the
Defense Nuclear Programs Agency) unless the transfer of such amount to
such account is specifically authorized by law.
(b) Other Appropriations.--No amount appropriated to the Department
of Defense or another department or agency may be transferred to the
Under Secretary for Defense Nuclear Programs or to an account for the
Agency unless the transfer of the amount to that account is
specifically authorized by law.
SEC. 505. TRANSITION PROVISIONS.
(a) Exercise of Authorities.--Except as otherwise 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 performance of that function on the
day before the date of enactment of this Act.
(b) Authorities To Wind Up Affairs.--
(1) In general.--
(A) Director of omb.--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--
(i) the Department of Energy associated
with the functions that are transferred under
to section 503(a); and
(ii) the Defense Nuclear Facilities Safety
Board.
(B) Secretary of defense.--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 under section 503(b), any
outstanding affairs of the Department of Defense
associated with any functions that may be transferred
under section 503(d), and any outstanding affairs of
the Assistant to the Secretary of Defense for Atomic
Energy.
(C) Secretary of the navy.--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
under section 503(c).
(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 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 President considers necessary
to effectuate the transfers referred to under section 503(b)
shall be carried out in such manner as the President directs
and by the heads of such agencies as the President designates.
SEC. 506. 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 ``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 inserting after the item relating to the Under
Secretary of Defense for Acquisition and Technology the following:
``Under Secretary of Defense for Defense Nuclear
Programs.''.
(2) Section 5314 of title 5, United States Code, is amended by
inserting after the item relating to the Deputy Under Secretary of
Defense for Acquisition and Technology the following:
``Deputy Under Secretary of Defense for Defense Nuclear
Programs.''.
(3) Section 5315 of title 5, United States Code, is amended by
striking out the item relating to the Assistant Secretaries of Defense
and inserting in lieu thereof the following:
``Assistant Secretaries of Defense (15).''.
(4) Section 5316 of title 5, United States Code, is amended by
inserting after the item relating to the Deputy General Counsel of the
Department of Defense the following:
``General Counsel of the Defense Nuclear Programs
Agency.''.
SEC. 507. EFFECTIVE DATE AND TRANSITION PERIOD.
(a) Effective Date.--Except as provided in subsection (b), this
title shall take effect on the date of enactment of this Act.
(b) Delayed Effective Date for Establishment of Agency and
Transfers of Functions.--Section 501(a) and section 503 shall take
effect on the date that is year after the date of 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 enactment of this Act, plan for
the orderly establishment of, and transfer of functions to, the Defense
Nuclear Programs Agency under this Act.
(d) Appointment Authority.--The President may make appointments
under section 501 notwithstanding the delayed effective date under
subsection (b) for the establishment of the Defense Nuclear Programs
Agency.
TITLE VI--ENVIRONMENTAL RESTORATION ACTIVITIES AT DEFENSE NUCLEAR
FACILITIES
SEC. 601. ENVIRONMENTAL RESTORATION ACTIVITIES AT DEFENSE NUCLEAR
FACILITIES.
The Comprehensive Environmental Response, Compensation, 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
FACILITIES
``Subtitle A--General Provisions
``SEC. 401. APPLICABILITY.
``Notwithstanding section 120, this title shall apply with respect
to selection of remedial actions at defense nuclear facilities.
``SEC. 402. DEFINITIONS.
``In this title:
``(1) Defense nuclear facility.--The term `defense nuclear
facility' means--
``(A) a production facility or utilization facility
(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 national security purposes (including the
tritium loading facility at Savannah River, South
Carolina, the 236 H facility at Savannah River, South
Carolina, and the Mound Laboratory, Ohio), but the term
does not include any facility 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 Programs and that is
operated for national security purposes (including the
Nevada Test Site, Nevada, 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 Nuclear Programs
(including the Lawrence Livermore, Los Alamos, and
Sandia National Laboratories); or
``(E) a facility described in subparagraphs (A)
through (D) that--
``(i) is no longer in operation;
``(ii) was under the control or
jurisdiction 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 security
purposes.
``(2) Under secretary.--The term `Under Secretary' means
the Under Secretary of Defense for Defense Nuclear Programs.
``Subtitle B--Selection of Remedial Action
``SEC. 411. REVIEW OF ONGOING AND PLANNED REMEDIAL ACTIONS.
``(a) In General.--Not later than one year after the date of
enactment of this title, the Under Secretary shall review each remedial
action described in subsection (d) for purposes of determining whether
the remedial action was selected in a manner consistent with the
requirements of this subtitle.
``(b) Modification of Remedial Actions.--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.
``(c) Minimization of Delays.--The Under Secretary shall, to the
maximum extent practicable, ensure the minimization of any delays in
the performance of remedial action that result from the Under
Secretary's activities under subsection (a).
``(d) Application of Section.--This section applies to any remedial
action at a defense nuclear facility--
``(1) which is being performed as of the date of enactment
of this title, including a facility for which construction is
ongoing or has been completed as of that date; or
``(2) 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 on consideration of a site-
specific risk assessment conducted in accordance with section 413 and
an analysis of risk reduction 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 National Contingency Plan for protection of public health and
the environment, unless--
``(1) the incremental benefits of a more expensive 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 under
section 414, in which case a more expensive remedy may be
selected; 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.--
``(1) In general.--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 jurisdiction over
the property or, in the case of property which is exclusively
under Federal jurisdiction, having jurisdiction over the
surrounding areas.
``(2) Matters to be addressed.--Consultation under
paragraph (1) shall include discussion of, at a minimum,
current area demographics, 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 remedial action, the
Under Secretary shall provide a period of not less than 30 days for
public comment on the remedial action.
``(e) Certification.--When selecting a remedial action, the Under
Secretary shall certify that--
``(1) the analysis of risk reduction benefits and costs for
the remedial action under 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 Under Secretary by interested parties relating to the
costs, risks, and risk reduction and other benefits of the
remedial action selected;
``(2) 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; and
``(3) alternative remedial actions identified or considered
by the Under Secretary were found to be less cost-effective at
achieving a substantially equivalent reduction in risk.
``(f) Administrative Record.--All documents considered 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.--A site-specific risk assessment shall be
performed in accordance with this section before the selection of a
remedial action at a defense nuclear facility.
``(b) Principles.--
``(1) In general.--The Under Secretary shall apply the
principles described in paragraph (3) to ensure that a site-
specific risk assessment--
``(A) distinguishes scientific findings from other
considerations;
``(B) is, to the extent feasible, scientifically
objective, unbiased, and inclusive of all relevant
data; and
``(C) relies, to the extent available and
practicable, on factual site-specific data.
``(2) No repetition.--Discussions or explanations required
under this section need not be repeated in each risk assessment
document if there is a reference to the relevant discussions or
explanation in another agency document that is available to the
public.
``(3) Principles.--The principles to be applied in
conducting a site-specific risk assessment are as follows:
``(A) Human health risks.--
``(i) In general.--In connection with a
discussion of human health risks, a site-
specific risk assessment shall contain a
discussion of both relevant laboratory and
relevant epidemiologic data of sufficient
quality which finds, or fails to find, a
correlation between health risks and a
potential toxin or activity.
``(ii) Conflicts.--If conflicts among those
data appear to exist or animal data are used as
a basis to assess human health, the site-
specific risk assessment shall, to the extent
feasible and appropriate, include discussion of
possible reconciliation of conflicting
information, and, as relevant, differences in
study designs, comparative physiology, routes
of exposure, bioavailability, pharmacokinetics,
and any other relevant factor, including the
sufficiency of basic data for review.
``(iii) Reconciliation.--The discussion of
possible reconciliation should indicate whether
there is a biological basis to assume a
resulting harm in humans.
``(iv) Animal data.--Animal data shall be
reviewed with regard to its relevancy to
humans.
``(B) Default value, assumption, inference, or
model.--If a site-specific risk assessment involves
selection of any significant default value, assumption,
inference, or model, the risk assessment document
shall, to the extent feasible--
``(i) present a representative list and
explanation of plausible and alternative
assumptions, inferences, or models;
``(ii) explain the basis for any choices;
``(iii) identify any policy or value
judgments;
``(iv) fully describe any model used in the
risk assessment and make explicit the
assumptions incorporated in the model; and
``(v) indicate the extent to which any
significant model has been validated by, or
conflicts with, empirical data.
``(C) Risk characterization and communication.--The
site-specific risk assessment shall meet each of the
following requirements regarding risk characterization
and communication:
``(i) Risk characterization.--
``(I) Description of populations.--
The risk characterization shall
describe the populations or natural
resources that are the subject of the
risk characterization.
``(II) Numerical estimates.--If a
numerical estimate of risk is provided,
the Under Secretary shall, to the
extent feasible, provide--
``(aa) the best estimate or
estimates for the specific
populations or natural
resources which are the subject
to the characterization (based
on the information available to
the Under Secretary); and
``(bb) a statement of the
reasonable range of scientific
uncertainties.
``(III) Other estimates.--In
addition to best estimate or estimates
under subclause (I)(aa), the risk
characterization document may present
plausible upper-bound or conservative
estimates in conjunction with plausible
lower-bound estimates.
``(IV) Multiple best estimates.--If
appropriate, the risk characterization
document may present, in lieu of a
single best estimate, multiple best
estimates based on assumptions,
inferences, or models which are equally
plausible, given current scientific
understanding.
``(V) Distribution and probability
of risk.--To the extent practicable and
appropriate, the risk characterization
document shall provide descriptions of
the distribution and probability of
risk estimates to reflect differences in exposure variability or
sensitivity in populations and attendance uncertainties.
``(VI) Subpopulations.--Sensitive
subpopulations or highly exposed
subpopulations include, to the extent
relevant and appropriate, children, the
elderly, pregnant women, and disabled
persons.
``(ii) Exposure scenarios.--
``(I) In general.--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 jurisdiction over the
property and shall consider the
availability of alternative water
supplies.
``(II) Size of population at
risk.--To the extent feasible, the
site-specific risk assessment shall
include a statement of the size of the
population at risk under any proposed
exposure scenario and the likelihood of
such scenario.
``(III) Exposure pathways.--
Exposure scenarios shall explicitly
identify any exposure scenarios that
result in plausible completed exposure
pathways.
``(iii) Magnitude of risks.--
``(I) In general.--A site-specific
risk assessment shall contain a
statement that places the magnitude of
risks to human health, safety, or the
environment in context.
``(II) Comparisons with other
risks.--A statement under subclause (I)
shall, to the extent feasible, provide
comparisons with estimates of greater,
lesser, and substantially equivalent
risks that are familiar to and
routinely encountered by the general
public as well as other risks, and to
the extent appropriate and meaningful,
comparisons of those risks with other
similar risks regulated by the Under
Secretary resulting from comparable
activities and exposure pathways.
``(III) Distinctions among risks.--
In formulating comparisons under
subclause (II), the Under Secretary
should consider relevant distinctions
among risks, such as the voluntary or
involuntary nature of risks and the
preventability or nonpreventability of
risks.
``(iv) Risks to human health.--Each site-
specific risk assessment shall include a
statement of any significant substitution risks
to human health, if information on such risks
has been provided to the Under Secretary.
``(v) Risk assessments by commenters.--
``(I) In general.--If a commenter
provides the Under Secretary with a
relevant risk assessment and a summary
of the risk assessment 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 feasible, present the summary in
connection with the presentation of the
site-specific risk assessment.
``(II) Rule of construction.--
Nothing in subclause (I) shall be
construed to limit the inclusion of any
comments or material supplied by any
person to the administrative record of
any proceeding.
``(D) Incorporation by reference.--A site-specific
risk assessment may satisfy the requirements of
subparagraph (C) (iii), (iv), or (v) by reference to
information or material otherwise available to the
public if the document provides a brief summary of the
information or material.
``SEC. 414. ANALYSIS OF RISK REDUCTION BENEFITS AND COSTS.
``(a) In General.--The Under Secretary shall prepare an analysis of
risk reduction benefits and costs in accordance with this section
before the selection of a remedial action at a defense nuclear
facility.
``(b) Contents of Analysis.--An analysis of risk reduction benefits
and costs for a remedial action shall contain--
``(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 associated with each
alternative remedial action identified or considered, which
costs and benefits shall be quantified to the extent feasible
and appropriate and may otherwise be qualitatively described;
``(3) a statement that places in context the nature and
magnitude of the risks to be addressed and the residual risks
likely to remain for each alternative strategy identified or
considered by the Under Secretary, which statement shall, to
the extent feasible, provide comparisons with estimates of
greater, lesser, and substantially equivalent risks that are
familiar to and routinely encountered by the general public as
well as other risks and, to the extent appropriate and
meaningful, comparisons of those risks with other similar risks
regulated by the Federal Government resulting from comparable
activities and exposure pathways, and which comparisons should
reflect consideration of relevant distinctions among risks,
such as the voluntary or involuntary nature of risks and the
preventability or nonpreventability of risks; and
``(4) an analysis of whether the identified benefits of the
remedial action are likely to exceed the identified costs of
the remedial action.''.
SEC. 602. CONFORMING AMENDMENT.
Section 120(a)(3) of the Comprehensive Environmental 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 shall not apply to the extent otherwise provided in title IV
with respect to selection of remedial actions at defense nuclear
facilities.''.
SEC. 603. RENEGOTIATION OF COMPLIANCE AGREEMENTS.
(a) Definition.--In this section, the term ``defense nuclear
facility'' has the meaning stated in section 402 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended by section 601.
(b) Requirement.--For each defense nuclear facility with respect to
which a compliance agreement has been entered into by the Secretary,
the Administrator of the Environmental Protection Agency, and a State
as of the date of enactment of this Act, the Under Secretary of Defense
for Defense Nuclear Programs shall enter into negotiations with the
Environmental Protection Agency and the State concerned to renegotiate
the terms of the compliance agreement to reflect title IV of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as added by section 601.
(c) Deadline.--The Under Secretary of Defense for Defense Nuclear
Programs shall complete renegotiation of compliance agreements as
required by subsection (a) not later than the date that is 1 year after
date of enactment of this Act.
TITLE VII--CIVILIAN RADIOACTIVE WASTE MANAGEMENT
SEC. 701. TRANSFER OF AUTHORITY TO THE SECRETARY OF THE ARMY.
(a) Transfer.--Effective at the expiration of the 3d calendar month
beginning after the date of 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 section 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 review the
characterization plan of, and the work undertaken 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 review and comments. If
the Yucca Mountain site is found to be suitable, the Corps shall be
responsible for managing the design and construction of the site. Once
completed, the site shall be operated by the Corps in accordance with
this Act. The Corps shall provide benefits to the State of Nevada in
accordance with subtitle F of title I.
``(c) Other Site.--If the Yucca Mountain site is found to be
unsuitable, the Corps shall undertake a site characterization plan for
another site.''.
(b) Conforming Amendments.--
(1) Table of contents.--The table of contents in section 1
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. prec. 10101)
is amended by striking the item relating to section 304 and inserting
the following:
``Sec. 304. Army Corps of Engineers.''.
(2) References to the secretary of energy.--
(A) Definition.--Section 2(20) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101(20)) is amended by
striking ``Secretary of Energy'' and inserting
``Secretary of the Army''.
(B) Section 111.--Section 111(a)(5)of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10131(a)(5)) is
amended by striking ``Secretary of Energy'' and
inserting ``Secretary''.
(3) References to the department of energy.--
(A) Definition.--Section 2(8) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101(8)) is amended by
striking ``Department of Energy'' and inserting
``Department of the Army''.
(B) Nuclear waste technical review board.--Section
502(b)(3)(C)(iii) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10262(b)(3)(C)(iii)) is amended to read
as follows:
``(iii) No person shall be nominated for appointment to the Board
who is an employee of--
``(I) the Department of Defense;
``(II) a national laboratory under contract with the
Department of Defense; or
``(III) an entity performing high-level radioactive waste
or spent nuclear fuel activities under contract with the
Department of Defense.''.
(C) Other provisions.--The Nuclear Waste Policy Act
of 1982 is amended in each of the following provisions
by striking ``Department of Energy'' and inserting
``Department'':
(i) Section 136(f)(2).
(ii) Section 224(b).
(iii) Section 302(e)(2).
(4) Reference to the office of civilian waste management.--
Section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101) is amended by striking paragraph (17).
SEC. 702. REAFFIRMATION OF OBLIGATION TO ACCEPT RADIOACTIVE WASTE AND
SPENT NUCLEAR FUEL BY 1998.
(a) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) the generation of electricity by nuclear
reactors results in the production of spent nuclear
fuel;
(B) about 24,000 metric tons of spent nuclear fuel
have been produced by the Nation's operating nuclear
power plants, and an additional 50,000 metric tons of
spent nuclear fuel is expected to be produced during
the terms of their current licenses;
(C) the vast majority of commercial spent nuclear
fuel is currently stored in individual water-filled
pools at reactor sites throughout the Nation;
(D) the storage pools for the temporary storage of
spent nuclear fuel are nearing capacity at many of the
reactor sites;
(E) since the beginning of the commercial nuclear
power industry in the 1960's, the Federal Government
has had the responsibility to provide for the disposal
of commercial spent nuclear fuel;
(F) Congress enacted the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101 et seq.) in order to codify
the Federal responsibility and policy to provide for
the safe and timely disposal of spent nuclear fuel by
establishing a schedule for the siting, construction,
and operation of deep geologic repositories, assigning
the responsibility for implementation of the program to
the Department of Energy, and establishing the Nuclear
Waste Fund to cover the costs of the Federal disposal
program to be paid by utility ratepayers and owners;
(G) since the enactment of the Nuclear Waste Policy
Act of 1982, utility ratepayers and owners have paid
more than $10,000,000,000 into the Nuclear Waste Fund;
(H) under the schedule established in the Nuclear
Waste Policy Act of 1982, the Department of Energy, in
return for the payment of the fees by utility
ratepayers and owners, is directed to dispose of spent
nuclear fuel beginning not later than January 31, 1998;
(I) despite the 14 years that have passed since the
enactment of the Nuclear Waste Policy Act of 1982 and
the expenditure of over $4,000,000,000, the Department
of Energy has fallen behind schedule, and the projected
date for commencement of operation of a repository,
under optimistic assumptions, is 2010;
(J) the Nuclear Waste Policy Act of 1982 currently
prohibits the selection of a site for a monitored
retrievable storage facility until a site for a
permanent repository has been selected;
(K) the Federal Government, under the Nuclear Waste
Policy Act of 1982, has an absolute obligation to
accept spent nuclear fuel beginning not later than
January 31, 1998; and
(L) the General Accounting Office and other
technical experts have indicated that greater
privatization would enhance cost efficiencies.
(2) Purposes.--The purposes of this section are--
(A) to ensure that the Secretary of the Army
fulfills what was formerly the responsibility of the
Secretary of Energy to site, construct, and operate
temporary and permanent nuclear waste disposal
facilities in a safe and timely manner; and
(B) to reaffirm the obligation of the Federal
Government under the Nuclear Waste Policy Act of 1982
to provide for the safe disposal of spent nuclear fuel
beginning not later than January 31, 1998.
(b) Reaffirmation of Obligation of Secretary of Energy.--Section
302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) is
amended by adding at the end the following:
``(7) The obligation of the Secretary under paragraph (5) to accept
high-level radioactive waste and spent nuclear fuel beginning not later
than January 31, 1998, is absolute and is not dependent on the
commencement of operation of a repository or a monitored retrievable
storage facility. That obligation shall not be voided or delayed for
any reason.''.
(c) Siting of Monitored Retrievable Storage Facility.--
(1) Repeal of site selection limitation.--Section 145 of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10165) is
amended by striking subsection (b).
(2) Repeal of licensing conditions.--Section 148 of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10168) is amended
by striking subsection (d).
SEC. 703. INITIAL STORAGE FACILITY.
(a) License.--The facility for the initial storage of not more than
40,000 metric tons of uranium at Area 25 of the Nevada Test Site shall
be licensed by the Nuclear Regulatory Commission for an unspecified
period, in accordance with the Commission's regulations governing the
licensing of independent spent fuel storage installations, without
regard to section 148 (a) or (d) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10168 (a), (d)).
(b) Expansion.--
(1) Operation consistent with current law.--The initial
storage facility shall be expandable for the subsequent
transportation and interim storage of up to 100,000 metric tons
of uranium and shall be operational in the 1998 timeframe,
consistent with sections 135(a) (4), 137(a), 141(a), and 148
(a), (b), and (c) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10155 (4), 10157(a), 10161(a), 10168 (a), (b), (c)).
(2) Repeals.--Sections 131 (a)(3) and (b)(2), 135(a) (1)
and (2), 135 (d) and (e), 141(g), 145, 146, and 148(d) (1),
(3), and (4) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10151 (a)(3), (b)(2), 10155 (a)(1), (2), (d), 10161(g), 10165,
10168(d) (1), (3), (4)) are repealed.
(c) Review of Program.--The Secretary of the Army shall review the
activities of the initial storage facility program, including all
cooperative agreements, international commitments, and university
assistance, and shall make available to those entities amounts, that
are commensurate with the revised program for nuclear waste disposal
activities.
(d) Program Plan and Schedule.--The Secretary of the Army shall
submit to the Congress within 90 days a revised program plan and
schedule, including a new 5-year budget, that addresses the
construction and operation of the interim storage capability, the
revised site characterization program at the Yucca Mountain site, and
the results of the Secretary's review of the program's institutional
activities.
(e) GAO Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a study and submit to Congress a report on the extent to
which the management of civilian radioactive waste by the private
sector might result in cost efficiencies and the means by which the
responsibility for performing management of civilian radioactive waste
may be transferred to the private sector.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. REFERENCES.
Any reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or
pertaining to an office from which a function 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 function is transferred; or
(2) to the Department of Energy is deemed to refer to the
department or office to which such function is transferred.
SEC. 802. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal official to whom a
function is transferred by this Act may, for purposes of performing the
function, 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 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, agreements,
certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Secretary of Energy, any
officer or employee of any office transferred by this Act, or
any other Government official, or by a court of competent
jurisdiction, 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 authorized official, a court of competent
jurisdiction, or operation of law.
(b) Proceedings.--
(1) No effect.--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
enactment of this Act before an office transferred by this Act,
but such proceedings and applications shall be continued.
(2) Orders, appeals, and payments.--Orders shall be issued
in such proceedings, appeals shall be taken therefrom, and
payments shall be made under such orders, as if this Act had
not been enacted, and orders issued in any such proceeding
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.
(3) Rule of construction.--Nothing in this subsection shall
be construed 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.--This Act shall not affect suits commenced before the
date of 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 Department of Energy or the Secretary of
Energy, or by or against any individual in the official capacity of
such individual 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 Resolution 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 applicable,
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 balances of appropriations,
allocations, and other funds employed, 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.
(a) In General.--Except as otherwise expressly prohibited by law or
otherwise provided in this Act, an official to whom functions 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
appropriate.
(b) No Relief From Responsibility.--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.--
(1) In general.--The Director of the Office of Management
and Budget, at such time or times as the Director shall
provide, may make such determinations as may be necessary with
regard to the functions transferred by this Act, and to make
such additional incidental 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 necessary to carry out the provisions of
this Act.
(2) Termination of affairs.--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 1 year after the date of enactment of this Act, the
Director of the Office of Management and Budget shall submit to the
Congress a description of any changes in Federal law necessary to
reflect abolishment, 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 function.
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