[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 236 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 236

      To abolish the Department of Energy, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 30, 1997

 Mr. Grams (for himself, Mr. Abraham, Mr. Ashcroft, Mr. Faircloth, Mr. 
Hutchinson, Mr. Kyl, Mr. McCain, Mr. Stevens, and Mr. Hagel) 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 V--ENVIRONMENTAL RESTORATION ACTIVITIES AT DEFENSE NUCLEAR 
                               FACILITIES

                    ``Subtitle A--General Provisions

``SEC. 501. APPLICABILITY.

    ``Notwithstanding section 120, this title shall apply with respect 
to selection of remedial actions at defense nuclear facilities.

``SEC. 502. 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. 511. 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. 512. 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 513 and 
an analysis of risk reduction benefits and costs conducted in 
accordance with section 514.
    ``(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 514, 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 514 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. 513. 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. 514. 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 502 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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