[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 376 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 376

                  To abolish the Department of Energy.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2001

  Mr. Royce introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
Armed Services, Science, Government Reform, Rules, and Resources, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
                  To abolish the Department of Energy.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy Elimination and 
National Security Protection Act of 2001''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
              TITLE I--ABOLISHMENT OF DEPARTMENT OF ENERGY

Sec. 101. Reestablishment of Department as Energy Programs Resolution 
                            Agency.
Sec. 102. Functions.
Sec. 103. Deputy Administrator.
Sec. 104. Continuation of service of Department officers.
Sec. 105. Reorganization.
Sec. 106. Abolishment of Energy Programs Resolution Agency.
Sec. 107. GAO report.
Sec. 108. Conforming amendments.
Sec. 109. Effective date.
                 TITLE II--ENERGY LABORATORY FACILITIES

Sec. 201. Energy Laboratory Facilities Commission.
Sec. 202. Procedure for making recommendations for laboratory 
                            facilities.
Sec. 203. Reconfiguration, privatization, and closure of energy 
                            laboratories.
Sec. 204. Implementation of reconfiguration, privatization, and closure 
                            actions.
Sec. 205. Account.
Sec. 206. Reports on implementation.
Sec. 207. Congressional consideration of Commission report.
Sec. 208. Definitions.
  TITLE III--PRIVATIZATION OF FEDERAL POWER MARKETING ADMINISTRATIONS

Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Sale of assets.
Sec. 304. Time of sales.
Sec. 305. Rate stabilization for affected customers.
Sec. 306. Licensing of projects to preserve current operating 
                            conditions.
Sec. 307. Enabling Federal studies.
Sec. 308. Definitions.
              TITLE IV--TRANSFER AND DISPOSAL OF RESERVES

Sec. 401. Strategic Petroleum Reserve.
Sec. 402. Disposal of remaining naval petroleum reserves.
    TITLE V--NATIONAL SECURITY AND ENVIRONMENTAL MANAGEMENT PROGRAMS

          Subtitle A--Defense Nuclear Programs Administration

Sec. 501. Establishment and organization of Defense Nuclear Programs 
                            Administration.
Sec. 502. Officers.
Sec. 503. Transfers of functions.
Sec. 504. Limitation on transfers of funds.
Sec. 505. Transition provisions.
Sec. 506. Technical and conforming amendments.
Sec. 507. Effective date and transition period.
  Subtitle B--Environmental Restoration Activities at Defense Nuclear 
                               Facilities

Sec. 521. Environmental restoration activities at Defense nuclear 
                            facilities.
Sec. 522. Renegotiation of compliance agreements.
TITLE VI--DISPOSITION OF MISCELLANEOUS PARTICULAR PROGRAMS, FUNCTIONS, 
                       AND AGENCIES OF DEPARTMENT

Sec. 601. Energy research and development.
Sec. 602. Energy Information Administration.
Sec. 603. Effective date.
            TITLE VII--CIVILIAN RADIOACTIVE WASTE MANAGEMENT

Sec. 701. Nuclear waste repository.
Sec. 702. Reaffirmation of obligation to accept radioactive waste and 
                            spent nuclear fuel.
Sec. 703. Initial storage facility.
                  TITLE VIII--MISCELLANEOUS PROVISIONS

Sec. 801. References.
Sec. 802. Exercise of authorities.
Sec. 803. Savings provisions.
Sec. 804. Transfer of assets.
Sec. 805. Delegation and assignment.
Sec. 806. Authority of Office of Management and Budget with respect to 
                            functions transferred.
Sec. 807. Proposed changes in law.
Sec. 808. Certain vesting of functions considered transfer.
Sec. 809. Definitions.

              TITLE I--ABOLISHMENT OF DEPARTMENT OF ENERGY

SEC. 101. REESTABLISHMENT OF DEPARTMENT AS ENERGY PROGRAMS RESOLUTION 
              AGENCY.

    (a) Reestablishment.--The Department of Energy is hereby 
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 the enactment of this Act, 
        appoint an individual to serve as Administrator of the Energy 
        Programs Resolution Agency (who may be the Secretary of 
        Energy), as such position is established under paragraph (1). 
        An appointment under this paragraph may not be construed to 
        affect the position of Secretary of Energy or the authority of 
        the Secretary before the effective date specified in section 
        109(a).
    (c) Duties.--The Administrator shall be responsible for--
            (1) the administration and wind-up, during the wind-up 
        period, of all functions of the Administrator pursuant to 
        section 102 and the other provisions of this Act;
            (2) the administration and wind-up, during the wind-up 
        period, of any outstanding obligations of the Federal 
        Government under any programs terminated or repealed by this 
        Act; and
            (3) taking such other actions as may be necessary, before 
        the termination date, to wind up any outstanding affairs of the 
        Department of Energy.

SEC. 102. FUNCTIONS.

    Except as otherwise provided in this Act, the Administrator shall 
perform all functions that, immediately before the effective date of 
this section, were functions of the Department of Energy (or any office 
of the Department) or were performed by the Secretary of Energy or any 
other officer or employee of the Department in the capacity as such 
officer or employee.

SEC. 103. DEPUTY ADMINISTRATOR.

    The Agency shall have a Deputy Administrator, who shall--
            (1) be appointed by and report to the Administrator; and
            (2) shall perform such functions as may be delegated by the 
        Administrator.

SEC. 104. CONTINUATION OF SERVICE OF DEPARTMENT OFFICERS.

    (a) Continuation of Service of Secretary.--The individual serving 
on the effective date specified in section 109(a) as the Secretary of 
Energy may serve and act as Administrator until the date an individual 
is appointed under this title to the position of Administrator, or 
until the end of the 210-day period provided for in section 3348 of 
title 5, United States Code (relating to limitations on the period of 
time a vacancy may be filled temporarily), whichever is earlier.
    (b) Continuation of Service of Other Officers.--An individual 
serving on the effective date specified in section 109(a) as an officer 
of the Department of Energy other than the Secretary of Energy may 
continue to serve and act in an equivalent capacity in the Agency until 
the date an individual is appointed under this title to the position of 
Administrator, or until the end of the 210-day period provided for in 
section 3348 of title 5, United States Code (relating to limitations on 
the period of time a vacancy may be filled temporarily) with respect to 
that appointment, whichever is earlier.
    (c) Compensation for Continued Service.--Any person--
            (1) who acts as the Administrator under subsection (a), or
            (2) who serves under subsection (b),
after the effective date specified in section 109(a) and before the 
first appointment of a person as Administrator shall continue to be 
compensated for so serving at the rate at which such person was 
compensated before such effective date.

SEC. 105. REORGANIZATION.

    The Administrator may allocate or reallocate any function of the 
Agency pursuant to this Act among the officers of the Agency, and may 
establish, consolidate, alter, or discontinue in the Energy Programs 
Resolution Agency any organizational entities that were entities of the 
Department of Energy, as the Administrator considers necessary or 
appropriate.

SEC. 106. ABOLISHMENT OF ENERGY PROGRAMS RESOLUTION AGENCY.

    (a) In General.--Effective on the termination date under subsection 
(d), the Energy Programs Resolution Agency is abolished.
    (b) Abolition of Functions.--Except for functions transferred or 
otherwise continued by this Act, all functions that, immediately before 
the termination date, were functions of the Energy Programs Resolution 
Agency are abolished effective on the termination date.
    (c) Plan for Winding Up Affairs.--Not later than the effective date 
specified in section 109(a), the President shall submit to the Congress 
a plan for winding up the affairs of the Agency in accordance with this 
Act and not by later than the termination date under subsection (d).
    (d) Termination Date.--The termination date under this subsection 
is the date that is 3 years after the date of the enactment of this 
Act.

SEC. 107. 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 the 
Congress a report which shall include 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 or transfer or other continuation of 
        the functions of the Department of Energy.

SEC. 108. 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 following item:
            ``The Department of Energy.''.
    (c) Secretary's Compensation.--Section 5312 of title 5, United 
States Code, is amended by striking the following item:
            ``Secretary of Energy.''.
    (d) Deputy Secretary's Compensation.--Section 5313 of title 5, 
United States Code, is amended by striking the following item:
            ``Deputy Secretary of Energy.''.
    (e) Under Secretary's Compensation.--Section 5314 of title 5, 
United States Code, is amended by striking the following item:
            ``Under Secretaries of Energy (2).''.
    (f) Miscellaneous Officers' Compensation.--(1) Section 5315 of 
title 5, United States Code, is amended--
            (A) by striking the following items:
            ``Assistant Secretaries of Energy (6).
            ``General Counsel of the Department of Energy.
            ``Administrator, Economic Regulatory Administration, 
        Department of Energy.
            ``Administrator, Energy Information Administration, 
        Department of Energy.
            ``Inspector General, Department of Energy.
            ``Director, Office of Science, Department of Energy.'';
            (B) by striking the following item:
            ``Chief Financial Officer, Department of Energy.''; and
            (C) by striking the following item:
            ``Chief Information Officer, Department of Energy.''.
    (2) Section 5316 of title 5, United States Code, is amended by 
striking the following item:
            ``Additional Officers, Department of Energy (14).''.
    (g) Inspector General Act of 1978.--The 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,'';
            (3) in section 11(2), by striking ``Energy,'';
    (h) Department of Energy Organization Act.--Effective on the 
termination date, the following provisions of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), and the items relating 
thereto in the table of contents of that Act, are repealed:
            (1) Sections 1 and 2.
            (2) Titles I, II, and III.
    (i) National Nuclear Security Administration Act.--The National 
Nuclear Security Administration Act (title XXXII of Public Law 106-65; 
50 U.S.C. 2401 note) is repealed.

SEC. 109. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this title 
shall take effect on the date that is 6 months after the date of the 
enactment of this Act.
    (b) Provisions Effective on Date of Enactment.--The following 
provisions of this title shall take effect on the date of the enactment 
of this Act:
            (1) Section 101(b).
            (2) Section 106(c).
            (3) Section 107.

                 TITLE II--ENERGY LABORATORY FACILITIES

SEC. 201. ENERGY LABORATORY FACILITIES COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``Energy Laboratory Facilities Commission'', for the 
purpose of reducing the number of energy laboratories and programs at 
those laboratories, through reconfiguration, privatization, and 
closure, while preserving the traditional role the energy laboratories 
have contributed to the national defense.
    (b) Duties.--The Commission shall carry out the duties specified 
for the Commission in this title.
    (c) Appointment.--
            (1) In general.--The Commission shall be composed of 7 
        members appointed by the President, by and with the advice and 
        consent of the Senate. The President shall transmit to the 
        Senate the nominations for appointment to the Commission not 
        later than 3 months after the date of the enactment of this 
        Act.
            (2) Consultation.--In selecting individuals for nominations 
        for appointments to the Commission, the President should 
        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.
            (3) Chairperson.--At the time the President nominates 
        individuals for appointment to the Commission, the President 
        shall designate one such individual who shall serve 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 meetings 
in which classified information is to be discussed, shall be open to 
the public.
    (f) Vacancies.--A vacancy in the Commission shall be filled in the 
same manner as the original appointment.
    (g) Pay and Travel Expenses.--
            (1) Basic pay.--
                    (A) Pay of members.--Each member, other than the 
                Chairperson, shall be paid at a rate equal to the daily 
                equivalent of the 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 actual performance of duties vested in 
                the Commission.
                    (B) Pay of chairperson.--The Chairperson shall be 
                paid for each day referred to in subparagraph (A) at a 
                rate equal to the daily equivalent of the minimum 
                annual rate of basic pay payable for level III of the 
                Executive Schedule under section 5314 of title 5, 
                United States Code.
            (2) Travel expenses.--Members shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
    (h) Director.--
            (1) In general.--The Commission shall appoint a Director 
        who--
                    (A) has not served as a civilian employee of the 
                Department of Energy during the 4-year period preceding 
                the date of such appointment;
                    (B) has not been an employee of an energy 
                laboratory during the 5-year period preceding the date 
                of such appointment; and
                    (C) has not been an employee of a contractor 
                operating an energy laboratory during the 5-year period 
                preceding the date of such 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 an individual 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.--Not more than one-third of the personnel 
        employed by or detailed to the Commission shall be individuals 
        employed by the Department of Energy on the day before the date 
        of the enactment of this Act. No employee of an energy 
        laboratory, or of a contractor who operates an energy 
        laboratory, may be detailed to the Commission.
            (4) Support from other agencies.--Upon request of the 
        Director, the head of a Federal agency may detail any of the 
        personnel of that agency to the Commission to assist the 
        Commission in carrying out its duties under this title.
            (5) Support from comptroller general.--The Comptroller 
        General of the United States shall provide assistance, 
        including the detailing of 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 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.--The Commission may lease space and acquire personal 
        property to the extent funds are available.
    (k) Funding.--There are authorized to be appropriated to the 
Commission such funds as are necessary to carry out its duties under 
this title. Such funds shall remain available until expended.
    (l) Termination.--The Commission shall terminate not later than 30 
days after the date on which it transmits its final recommendations 
under section 202(f)(4).

SEC. 202. PROCEDURE FOR MAKING RECOMMENDATIONS FOR LABORATORY 
              FACILITIES.

    (a) Selection Criteria.--In making recommendations for the 
reconfiguration, privatization, and closure of energy laboratories and 
termination of programs at such laboratories under this section, the 
Secretary or the Administrator, as appropriate, and the Commission 
shall--
            (1) emphasize the importance of establishing the security 
        of defense research and activities;
            (2) give strong consideration to closure or privatization 
        of activities performed by the private sector;
            (3) give strong emphasis in transferring or selling non-
        defense research laboratories to universities and private 
        organizations that currently manage and operate such 
        laboratories;
            (4) give strong consideration to the closure or 
        reconfiguration of energy laboratories;
            (5) eliminate duplication of effort by energy laboratories 
        and reduce overhead costs as a proportion of program benefits 
        distributed through an energy laboratory;
            (6) seek to achieve cost savings for the overall budget for 
        such laboratories;
            (7) define appropriate missions for each energy laboratory, 
        and ensure that the activities of each such laboratory are 
        focused on its mission or missions;
            (8) consider the number of participants in programs 
        conducted through an energy laboratory and staff resources 
        involved;
            (9) estimate the cost savings and increases that would 
        accrue through the reconfiguration of energy laboratories;
            (10) consider the potential of each energy laboratory to 
        generate revenues or to offset costs;
            (11) consider the transfer of energy laboratories to other 
        Federal agencies;
            (12) consider the privatization of the energy laboratories 
        as an alternative to closure or reconfiguration; and
            (13) be subject to the requirements of section 601 of this 
        Act.
    (b) Recommendations.--
            (1) Publication and transmittal.--Not later than 3 months 
        after the date of the enactment of this Act, the Secretary or 
        the Administrator, as appropriate, shall publish in the Federal 
        Register and transmit to the congressional energy committees 
        and to the Commission a list of the energy laboratories that 
        the Secretary or the Administrator, as appropriate, recommends 
        for reconfiguration, privatization, and closure.
            (2) Summary of selection process.--The Secretary or the 
        Administrator, as appropriate, shall include, with the list of 
        recommendations published and transmitted pursuant to paragraph 
        (1), a summary of the selection process that resulted in the 
        recommendation for each energy laboratory, including a 
        justification for each recommendation.
    (c) Equal Consideration of Laboratories.--In considering energy 
laboratories for reconfiguration, privatization, and closure, the 
Secretary or the Administrator, as appropriate, shall consider all such 
laboratories equally without regard to whether a laboratory has been 
previously considered or proposed for reconfiguration, privatization, 
or closure by the Secretary of Energy.
    (d) Availability of Information.--The Secretary or the 
Administrator, as appropriate, shall make available to the Commission 
and the Comptroller General of the United States all information used 
by the Secretary or the Administrator, as appropriate, in making 
recommendations under this section.
    (e) Independent Audit.--(1) Within 30 days after the date of the 
enactment of this Act, the Director of the Office of Management and 
Budget shall issue a request for proposals for the performance of an 
audit under paragraph (3).
    (2) Within 60 days after the date of the enactment of this Act, 
proposals shall be due in response to the request under paragraph (1).
    (3) Within 90 days after the date of the enactment of this Act, the 
Director of the Office of Management and Budget shall enter into a 
contract with an independent financial consulting firm for an audit of 
the energy laboratories and their programs, facilities, and assets. 
Such audit shall assess the commercial potential of the energy labs and 
their programs and make recommendations on how the Government could 
best realize such potential. The audit shall be completed and 
transmitted to the Commission, the Secretary or the Administrator, as 
appropriate, and the congressional energy committees within 6 months 
after the contract is entered into under this subsection.
    (f) Review and Recommendations by the Commission.--
            (1) Public hearings.--After receiving the recommendations 
        from the Secretary or the Administrator, as appropriate, 
        pursuant to subsection (b), the Commission shall provide an 
        opportunity for public comment on the recommendations for a 30-
        day period.
            (2) Initial report.--Not later than 1 year after the date 
        of the enactment of this Act, the Commission shall publish in 
        the Federal Register an initial report containing the 
        Commission's findings and conclusions based on a review and 
        analysis of the recommendations made by the Secretary or the 
        Administrator, as appropriate, and the audit conducted pursuant 
        to subsection (e), together with the Commission's 
        recommendations for reconfiguration, privatization, and closure 
        of energy laboratories. In conducting such review and analysis, 
        the Commission shall consider all energy laboratories.
            (3) Deviation from recommendations.--In making its 
        recommendations, the Commission may make changes in any of the 
        recommendations made by the Secretary or the Administrator, as 
        appropriate, if the Commission determines that the Secretary or 
        the Administrator, as appropriate, deviated substantially from 
        the criteria described in subsection (a) in making 
        recommendations. The Commission shall explain and justify in 
        the report any recommendation made by the Commission that is 
        different from the recommendations made by the Secretary or the 
        Administrator, as appropriate.
            (4) Final report.--After providing a 30-day period for 
        public comment following publication of the initial report 
        under paragraph (2), and after full consideration of such 
        public comments, the Commission shall, within 15 months after 
        the date of the enactment of this Act, transmit to the 
        Secretary or the Administrator, as appropriate, 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 provide, upon request, to any Member of Congress 
        information used by the Commission in making its 
        recommendations.
    (g) Assistance From Comptroller General.--The Comptroller General 
of the United States shall--
            (1) assist the Commission, to the extent requested, in the 
        Commission's review and analysis of the recommendations made by 
        the Secretary or the Administrator, as appropriate, pursuant to 
        subsection (b); and
            (2) not later than 6 months after the date of the enactment 
        of this Act, transmit to the congressional energy committees 
        and to the Commission a report containing a detailed analysis 
        of the recommendations of the Secretary or the Administrator, 
        as appropriate, and the selection process.

SEC. 203. RECONFIGURATION, PRIVATIZATION, AND CLOSURE OF ENERGY 
              LABORATORIES.

    (a) In General.--Subject to subsection (b), the Secretary or the 
Administrator, as appropriate, shall--
            (1) reconfigure, within 1 year after the date of the 
        transmittal of the final report under section 202(f)(4), all 
        energy laboratories recommended for reconfiguration by the 
        Commission in such report;
            (2) provide for and complete the privatization, within 18 
        months after the date of the transmittal of the final report 
        under section 202(f)(4), of all energy laboratories recommended 
        for privatization by the Commission in such report; and
            (3) except as necessary to achieve the privatization of an 
        energy laboratory under paragraph (2), close, within 1 year 
        after the date of the transmittal of the final report under 
        section 202(f)(4), all energy laboratories recommended for 
        closure by the Commission in such report.
    (b) Congressional Disapproval.--
            (1) In general.--The Secretary or the Administrator, as 
        appropriate, may not carry out any reconfiguration, 
        privatization, or closure of an energy laboratory recommended 
        by the Commission in the report transmitted pursuant to section 
        202(f)(4) if a joint resolution is enacted, in accordance with 
        the provisions of section 207, disapproving the recommendations 
        of the Commission before the earlier of--
                    (A) the end of the 45-day period beginning on the 
                date on which the Commission transmits the report; or
                    (B) the adjournment of Congress sine die for the 
                session during which the report is transmitted.
            (2) Excluded days.--For purposes of paragraph (1) of this 
        subsection and subsections (a) and (c) of section 207, the days 
        on which either House of Congress is not in session because of 
        an adjournment of more than three days to a day certain shall 
        be excluded in the computation of a period.

SEC. 204. IMPLEMENTATION OF RECONFIGURATION, PRIVATIZATION, AND CLOSURE 
              ACTIONS.

    (a) Implementation.--In reconfiguring, privatizing, or closing an 
energy laboratory under this title, the Secretary or the Administrator, 
as appropriate, shall--
            (1) take such actions as may be necessary to reconfigure, 
        privatize, or close the energy laboratory;
            (2) take such steps as may be necessary to ensure the safe 
        keeping of all records stored at the energy laboratory; and
            (3) reimburse other Federal agencies for actions performed 
        at the request of the Secretary or the Administrator, as 
        appropriate, with respect to any such reconfiguration, 
        privatization, or closure, and may use for such purpose funds 
        in the Account or funds appropriated to the Department of 
        Energy and available for such purpose.
    (b) Management and Disposal of Property.--
            (1) In general.--The Administrator of General Services 
        shall delegate to the Secretary or the Administrator, as 
        appropriate, with respect to excess and surplus real property 
        and facilities located at an energy laboratory reconfigured, 
        privatized, or closed under this title--
                    (A) the authority of the Secretary or the 
                Administrator, as appropriate, to utilize excess 
                property under section 202 of the Federal Property and 
                Administrative Services Act of 1949 (40 U.S.C. 483);
                    (B) the authority of the Secretary or the 
                Administrator, as appropriate, to dispose of surplus 
                property under section 203 of that Act (40 U.S.C. 484);
                    (C) the authority of the Secretary or the 
                Administrator, as appropriate, to grant approvals and 
                make determinations under section 13(g) of the Surplus 
                Property Act of 1944 (50 U.S.C. App. 1622(g)); and
                    (D) the authority of the Secretary or the 
                Administrator, as appropriate, to determine the 
                availability of excess or surplus real property for 
                wildlife conservation purposes in accordance with the 
                Act of May 19, 1948 (16 U.S.C. 667b).
            (2) Exercise of authority.--
                    (A) In general.--Subject to subparagraph (C), the 
                Secretary or the Administrator, as appropriate, shall 
                exercise the authority delegated to the Secretary or 
                the Administrator, as appropriate, pursuant to 
                paragraph (1) in accordance with--
                            (i) all regulations in effect on the date 
                        of the enactment of this Act governing the 
                        utilization of excess property and the disposal 
                        of surplus property under the Federal Property 
                        and Administrative Services Act of 1949; and
                            (ii) all regulations in effect on the date 
                        of the enactment of this Act governing 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 the 
                Administrator, as appropriate, after consulting with 
                the Administrator of General Services, may issue 
                regulations that are necessary to carry out the 
                delegation of authority required by paragraph (1).
                    (C) Limitation.--The authority required to be 
                delegated by paragraph (1) to the Secretary or the 
                Administrator, as appropriate, by the Administrator of 
                General Services shall not include the authority to 
                prescribe general policies and methods for utilizing 
                excess property and disposing of surplus property.
    (c) Waiver.--The Secretary or the Administrator, as appropriate, 
may reconfigure, privatize, or close energy laboratories under this 
title without regard to any provision of law restricting the use of 
funds for reconfiguring, privatizing, or closing such energy 
laboratories included in any appropriations or authorization Act.

SEC. 205. ACCOUNT.

    (a) Establishment.--There is hereby established on the books of the 
Treasury an account to be known as the ``Energy Laboratory Facility 
Closure Account'' which shall be administered by the Secretary or the 
Administrator, as appropriate, as a single account.
    (b) Content of Account.--There shall be deposited into the 
Account--
            (1) funds authorized for and appropriated to the Account;
            (2) any funds that the Secretary or the Administrator, as 
        appropriate, may, subject to approval in an appropriation Act, 
        transfer to the Account from funds appropriated to the 
        Department of Energy for any purpose, except that such funds 
        may be transferred only after the date on which the Secretary 
        or the Administrator, as appropriate, transmits written notice 
        of, and justification for, such transfer to the congressional 
        energy committees; and
            (3) proceeds received from the transfer or disposal of any 
        property at an office reconfigured, privatized, or closed under 
        this section.
    (c) Use of Funds.--The Secretary or the Administrator, as 
appropriate, may use the funds in the Account only for the purposes 
described in section 204(a).
    (d) Reports.--
            (1) In general.--Not later than 60 days after the end of 
        each fiscal year in which the Secretary or the Administrator, 
        as appropriate, carries out activities under this title, the 
        Secretary or the Administrator, as appropriate, shall transmit 
        a report to the congressional energy committees of the amount 
        and nature of the deposits into, and the expenditures from, the 
        Account during such fiscal year and of the amount and nature of 
        other expenditures made 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. 206. REPORTS ON IMPLEMENTATION.

    As part of the budget request for each fiscal year in which the 
Secretary or the Administrator, as appropriate, is authorized to carry 
out activities under this title, the Secretary or the Administrator, as 
appropriate, shall transmit to the congressional energy committees--
            (1) a schedule of the reconfiguration, privatization, and 
        closure actions to be carried out under this title in the 
        fiscal year for which the request is made and an estimate of 
the total expenditures required and cost savings to be achieved by each 
such reconfiguration, privatization, or closure and of the time period 
in which these savings are to be achieved in each case; and
            (2) a description of the energy laboratories to which 
        functions are to be transferred as a result of such 
        reconfigurations, privatizations, and closures.

SEC. 207. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.

    (a) Terms of the Resolution.--For purposes of section 203(b), the 
term ``joint resolution'' means only a joint resolution which is 
introduced within the 10-day period beginning on the date on which the 
Commission transmits the report to the Congress under section 
202(f)(4), and--
            (1) which does not have a preamble;
            (2) the matter after the resolving clause of which is as 
        follows: ``That Congress disapproves the recommendations of the 
        Energy Laboratory Facilities Commission as submitted on 
        ______'', the blank space being filled in with the appropriate 
        date; and
            (3) the title of which is as follows: ``Joint resolution 
        disapproving the recommendations of the Energy Laboratory 
        Facilities Commission.''.
    (b) Referral.--A resolution described in subsection (a) that is 
introduced in the House of Representatives shall be referred to the 
Committee on National Security and the Committee on Science of the 
House of Representatives. A resolution described in subsection (a) 
introduced in the Senate shall be referred to the Committee on Armed 
Services and the Committee on Energy and Natural Resources of the 
Senate.
    (c) Discharge.--If the committee to which a resolution described in 
subsection (a) is referred has not reported such resolution (or an 
identical resolution) by the end of the 20-day period beginning on the 
date on which the Commission transmits the report to the Congress under 
section 202(f)(4), such committee shall be, at the end of such period, 
discharged from further consideration of such resolution, and such 
resolution shall be placed on the appropriate calendar of the House 
involved.
    (d) Consideration.--
            (1) In general.--On or after the third day after the date 
        on which the committee to which such a resolution is referred 
        has reported, or has been discharged (under subsection (c)) 
        from further consideration of, such a resolution, it is in 
        order (even though a previous motion to the same effect has 
        been disagreed to) for any Member of the respective House to 
        move to proceed to the consideration of the resolution (but 
        only on the day after the calendar day on which such Member 
        announces to the House concerned the Member's intention to do 
        so). All points of order against the resolution (and against 
        consideration of the resolution) are waived. The motion is 
        highly privileged in the House of Representatives and is 
        privileged in the Senate and is not debatable. The motion is 
        not subject to amendment, or to a motion to postpone, or to a 
        motion to proceed to the consideration of other business. A 
        motion to reconsider the vote by which the motion is agreed to 
        or disagreed to shall not be in order. If a motion to proceed 
        to the consideration of the resolution is agreed to, the 
        respective House shall immediately proceed to consideration of 
        the joint resolution without intervening motion, order, or 
        other business, and the resolution shall remain the unfinished 
        business of the respective House until disposed of.
            (2) Debate.--Debate on the resolution, and on all debatable 
        motions and appeals in connection therewith, shall be limited 
        to not more than 2 hours, which shall be divided equally 
        between those favoring and those opposing the resolution. An 
        amendment to the resolution is not in order. A motion further 
        to limit debate is in order and not debatable. A motion to 
        postpone, or a motion to proceed to the consideration of other 
        business, or a motion to recommit the resolution is not in 
        order. A motion to reconsider the vote by which the resolution 
        is agreed to or disagreed to is not in order.
            (3) Quorum call.--Immediately following the conclusion of 
        the debate on a resolution described in subsection (a) and a 
        single quorum call at the conclusion of the debate if requested 
        in accordance with the rules of the appropriate House, the vote 
        on final passage of the resolution shall occur.
            (4) Appeals from decision of chair.--Appeals from the 
        decisions of the Chair relating to the application of the rules 
        of the Senate or the House of Representatives, as the case may 
        be, to the procedure relating to a resolution described in 
        subsection (a) shall be decided without debate.
    (e) Consideration by Other House.--
            (1) In general.--If, before the passage by one House of a 
        resolution of that House described in subsection (a), that 
        House receives from the other House a resolution described in 
        subsection (a), then the following procedures shall apply:
                    (A) The resolution of the other House shall not be 
                referred to a committee and may not be considered in 
                the House receiving it except in the case of final 
                passage as provided in subparagraph (B)(ii).
                    (B) With respect to a resolution described in 
                paragraph (1) of the House receiving the resolution--
                            (i) the procedure in that House shall be 
                        the same as if no resolution had been received 
                        from the other House; but
                            (ii) the vote on final passage shall be on 
                        the resolution of the other House.
            (2) Consideration after disposition by other house.--Upon 
        disposition of the resolution received from the other House, it 
        shall no longer be in order to consider the resolution that 
        originated in the receiving House.
    (f) Rules of the Senate and House.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a resolution described in subsection 
(a), and it supersedes other rules only to the extent that it is 
inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 208. DEFINITIONS.

    For purposes of this title:
            (1) The term ``Account'' means the Energy Laboratory 
        Facility Closure Account established in section 205(a).
            (2) The term ``Administrator'' has the meaning given such 
        term in section 809(1) of this Act.
            (3) The term ``Commission'' means the Energy Laboratory 
        Facilities Commission.
            (4) The term ``congressional energy 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) The term ``energy laboratory'' means the Lawrence 
        Livermore National Laboratory, the Los Alamos National 
        Laboratory, the Sandia National Laboratories, the Argonne 
        National Laboratory, the Brookhaven National Laboratory, the 
        Idaho National Engineering Laboratory, the Lawrence Berkeley 
        Laboratory, the Oak Ridge National Laboratory, the Pacific 
        Northwest Laboratory, the National Renewable Energy Laboratory, 
        the Ames Laboratory, the Bates Linear Accelerator Laboratory, 
        the Continuous Electron Beam Accelerator Facility, the Energy 
        Technology Engineering Center, the Environmental Measurements 
        Laboratory, the Fermi National Accelerator Laboratory, the 
        Inhalation Toxicology Research Institute, the Laboratory of 
        Radiobiology and Environmental Health, the Morgantown Energy 
        Technology Center, the National Renewable Energy Laboratory, 
        the New Brunswick Laboratory, the Oak Ridge Institute for 
        Science and Education, 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) The term ``the Secretary or the Administrator, as 
        appropriate'' means the Secretary of Energy, or, after the 
        effective date stated in section 109(a), the Administrator.

  TITLE III--PRIVATIZATION OF FEDERAL POWER MARKETING ADMINISTRATIONS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Federal Power Asset Privatization 
Act of 2001''.

SEC. 302. FINDINGS.

    The Congress finds that--
            (1) the Federal Power Marketing Administrations, over the 
        years, have served to help bring electricity to many areas in 
        the Nation;
            (2) they have done so with the investment of the American 
        taxpayer;
            (3) the necessity of federally owned power generation and 
        transmission facilities has passed and halting this practice is 
        in the best national interest of the United States;
            (4) in fairness to the longtime consumers of Federal Power 
        Marketing Administrations, any process of sale should be open 
        to them;
            (5) the taxpayers, through investing in the construction 
        and operation, have established equity in the facilities; and
            (6) this equity entitles the American taxpayer to expect 
        the highest possible return in the sale process.

SEC. 303. SALE OF ASSETS.

    (a) Sale of Assets.--The Secretary is authorized and directed to 
take such steps as necessary to sell all electric power generation 
facilities and transmission facilities, that are currently owned and 
operated by Federal departments and agencies under the supervision of, 
or coordination with, the Federal Power Marketing Administrations. No 
foreign person or corporation may purchase any such facilities; such 
facilities may be sold only to a United States citizen or to a 
corporation or partnership organized under the laws of a State. After 
such sales are completed the Secretary shall terminate the operations 
of the Federal Power Marketing Administrations. The heads of other 
affected Federal departments and agencies shall assist the Secretary of 
Energy in implementing the sales authorized by this section.
    (b) Price; Structure of Sale.--
            (1) Price.--The Secretary shall obtain the highest possible 
        price for such facilities. In determining the highest possible 
        price, the value of future tax revenues shall be included.
            (2) Retention of financial advisor.--In order to conduct 
        the sales authorized by this section in such manner as will 
        produce the highest possible price for the facilities to be 
        sold consistent with this title, within 30 days of enactment of 
        this section, the Secretary shall, through a competitive 
        bidding process, retain an experienced private sector firm to 
        serve as financial advisor to the Secretary with respect to 
        such sales.
            (3) Financial advisor's report.--Within 90 days of being 
        retained by the Secretary, the financial advisor shall provide 
        to the Secretary a report containing--
                    (A) a description of those assets described in 
                subsection (a) which, in the opinion of the financial 
                advisor, can be successfully transferred to private 
                sector ownership or operation;
                    (B) the value of each such asset, calculated on the 
                basis of the valuation method or methods which the 
                financial advisor deems most appropriate to a 
                particular asset;
                    (C) the appropriate alternative transactional 
                methods for transferring each such asset to private 
                sector ownership or operation;
                    (D) the amount of proceeds which the financial 
                advisor estimates would be paid to the United States 
                Government as a result of such transaction, including 
                the present value of future revenue from taxes and any 
                other future payments to be made to the United States 
                Government; and
                    (E) an estimate of the average market rate for 
                wholesale electric power sales within each region 
                served by a Federal Power Marketing Administration.
    (c) Time of Sale.--Sales of facilities under this section shall be 
conducted in accordance with the time of sale schedule set forth in 
section 304. At least 1 year before the date of any sale specified in 
such schedule, the Secretary, in consultation with the Secretary of the 
Army and the Secretary of the Interior, and based on the 
recommendations of the financial advisor, shall select the facilities 
or groups of facilities to be sold and establish the terms and 
conditions of the sale.
    (d) Former Employees of PMAS.--It is the sense of the Congress that 
the purchaser of any such facilities should offer to employ, where 
possible, former employees of the Federal Power Marketing 
Administrations in connection with the operation of the facilities 
following their purchase.
    (e) Proceeds.--The Secretary of Energy shall deposit sale proceeds 
in the Treasury of the United States to the credit of miscellaneous 
receipts.
    (f) Preparation.--The Secretary of Energy is authorized to use 
funds appropriated to the Department of Energy for the Federal Power 
Marketing Administrations and funds otherwise appropriated to other 
Federal agencies for power generation and related activities in order 
to prepare these assets for sale and conveyance. Such preparation shall 
provide sufficient title to ensure the beneficial use, enjoyment, and 
occupancy to the purchasers of the assets to be sold and shall include 
identification of all associated laws and regulations to be amended for 
the purpose of these sales. The Secretary of Energy shall undertake a 
study of the effect of sales of facilities under this title on existing 
contracts for the sale of electric power generated at such facilities.
    (g) Reporting of Sales.--Not later than one year after the sale of 
the assets of each Federal Power Marketing Administration in accordance 
with this title, the Secretary of Energy shall--
            (1) complete the business of, and close out, such 
        administration; and
            (2) prepare and submit to Congress a report documenting the 
        sales.
    (h) Treatment of Sales for Purposes of Certain Laws.--The sales of 
assets under this title shall not be considered a disposal of Federal 
surplus property under the following provisions of law:
            (1) Section 203 of the Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 484).
            (2) Section 13 of the Surplus Property Act of 1944 (50 
        U.S.C. App. 1622).

SEC. 304. TIME OF SALES.

    (a) Schedule.--The Secretary of Energy shall complete the sale of 
the electric power generation and transmission assets referred to in 
section 303 in accordance with the following schedule:


------------------------------------------------------------------------
           Power Administration                 Sale Completion Date
------------------------------------------------------------------------
  Southeastern                                Before September 30, 2001
  Southwestern                                Before September 30, 2002
  Western Area                                Before September 30, 2003
------------------------------------------------------------------------

    (b) Unexpended Balances.--Following the sale of the assets of each 
of the Federal Power Marketing Administrations and their associated 
power generation facilities, the Secretary of Energy shall return the 
unexpended balances of funds appropriated for that administration to 
the Treasury of the United States.

SEC. 305. RATE STABILIZATION FOR AFFECTED CONSUMERS.

    So that the affected consumers of the Federal Power Marketing 
Administrations are not impacted by severe rate increases, each 
purchaser of electric power generation facilities providing electric 
power to customers within any region shall be required, as part of the 
agreement to purchase such facilities, to insure that the price at 
which electric power is sold to such consumers does not increase above 
the baseline price at a rate greater than 10 percent annually. For 
purposes of this section, the term ``baseline price'' means the price 
for the sale of electric power to a consumer that is in effect on the 
date of the sale of the facility. The preceding sentence shall cease to 
apply when the price at which electric power is sold to a consumer is 
at least equal to the average market rate for wholesale electric power 
sales within the region concerned, as determined by the Financial 
Advisor.

SEC. 306. LICENSING OF PROJECTS TO PRESERVE CURRENT OPERATING 
              CONDITIONS.

    (a) Original License.--Simultaneously with the sale of 
hydroelectric generation facility under this title, the Federal Energy 
Regulatory Commission shall issue an original license under part 1 of 
the Federal Power Act (16 U.S.C. 791a-823b) to the purchaser for the 
construction, operation, and maintenance of such facility. Such license 
shall expire on the date 10 years after the date of the sale of the 
facility and shall contain standard terms and conditions for 
hydroelectric power licenses issued under part 1 of such Act for 
facilities installed at Federal water projects, together with such 
additional terms and conditions as the Commission deems necessary, in 
consultation with the department or agency which operates such water 
project, to further the project purposes and insure that the project 
will continue operations in the same manner and subject to the same 
procedures, contracts, and other requirements as were applicable prior 
to the sale. The Commission shall publish such license terms and 
conditions for each facility to be sold under this title as promptly as 
practicable after the date of the enactment of this Act but not later 
than one year prior to the date established for the sale of the 
facility.
    (b) License Required.--Notwithstanding any other provision of law, 
the Federal Energy Regulatory Commission shall have jurisdiction under 
part 1 of the Federal Power Act over any hydroelectric generation 
facility sold under this title.

SEC. 307. ENABLING FEDERAL STUDIES.

    Section 505 of the Energy and Water Development Appropriations Act 
of 1993 (Public Law 102-377) is hereby repealed.

SEC. 308. DEFINITIONS.

    For purposes of this title:
            (1) The term ``power generation facility'' means a facility 
        used for the generation of electric energy. If any portion of a 
        structure or other facility is used for flood control, water 
        supply or other purposes in addition to the generation of 
        electric energy, such term refers only to that portion of the 
        structure or facility used exclusively for the generation of 
        electric energy, including turbines, generators, controls, 
        substations, and primary lines used for transmitting electric 
        energy therefrom to the point of juncture with the 
        interconnected primary transmission system. Such term shall not 
        include any portion of a facility used for navigation, flood 
        control, irrigation, water supply, or recreation.
            (2) The term ``Secretary'' means the Secretary of Energy or 
        any successor agency. If any such agency terminates prior to 
        the complete execution of all duties vested in the Secretary of 
        Energy under this title, such duties shall be vested in the 
        Secretary of the Interior.

              TITLE IV--TRANSFER AND DISPOSAL OF RESERVES

SEC. 401. STRATEGIC PETROLEUM RESERVE.

    (a) Sale of Reserves.--Notwithstanding section 161 of the Energy 
Policy and Conservation Act, the Secretary of the Interior shall sell 
the reserves of the Strategic Petroleum Reserve, in a manner that 
provides for minimal disruption of petroleum markets.
    (b) Advisory Board.--(1) The Secretary of the Interior shall 
appoint an advisory board, consisting of 3 individuals with experience 
in oil markets and production and international relations, which 
shall--
            (A) monitor the sale of reserves under subsection (a) and 
        its effects on petroleum markets; and
            (B) within 60 days after the completion of such sale, 
        submit to the Congress a report containing recommendations as 
        described in paragraph (2).
    (2) Notwithstanding section 14 of the Federal Advisory Committee 
Act, the advisory board established under this subsection shall 
terminate within 30 days after it submits a report under paragraph 
(1)(B).
    (c) Effective Date.--This section shall take effect on the 
effective date stated in section 109(a).

SEC. 402. DISPOSAL OF REMAINING 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 naval petroleum reserves not 
        later than 1 year after the date of enactment of this Act.
            (2) Price.--In carrying out the disposal, the Administrator 
        shall obtain the highest possible price for the naval petroleum 
        reserves.
            (3) Joint plan.--The Administrator shall carry out the 
        disposal in accordance with a plan jointly developed by the 
        Administrator and the Secretary of the Interior.
    (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

          Subtitle A--Defense Nuclear Programs Administration

SEC. 501. ESTABLISHMENT AND ORGANIZATION OF DEFENSE NUCLEAR PROGRAMS 
              ADMINISTRATION.

    (a) Establishment.--There is established in the Department of 
Defense a Defense Nuclear Programs Administration.
    (b) Under Secretary.--The Under Secretary of Defense for Defense 
Nuclear Programs is the head of the Administration. The Under Secretary 
is responsible for the exercise of all powers and the discharge of all 
duties of the Administration.
    (c) Transferred Functions.--The Under Secretary shall carry out the 
functions transferred to the Under Secretary pursuant to section 503 
through the Administration.
    (d) Exercise of Authorities.--Except as otherwise provided by law, 
the Under Secretary of Defense for Defense Nuclear Programs may, for 
purposes of performing a function that is transferred to the Under 
Secretary by this subtitle, exercise all authorities under any other 
provision of law that were available with respect to the performance of 
that function to the official responsible for the performance of that 
function on the day before the date of the enactment of this Act.

SEC. 502. OFFICERS.

    (a) Under Secretary of Defense.--(1) Chapter 4 of title 10, United 
States Code, is amended by inserting after section 136 the following 
new section:
``Sec. 136a. Under Secretary of Defense for Defense Nuclear Programs; 
              Deputy Under Secretary
    ``(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. A person may not be appointed as 
Under Secretary within 10 years after relief from active duty as a 
commissioned officer of a regular component of an armed force.
    ``(b)(1) The Under Secretary shall serve as the principal adviser 
to the President and the Secretary of Defense on defense nuclear 
programs matters. In carrying out his duties under the Department of 
Energy Abolishment Act, the Under Secretary shall, subject to the 
authority, direction, and control of the Secretary of Defense, have 
primary responsibility within the Government for defense nuclear 
programs matters.
    ``(2) 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, other than matters 
related to naval nuclear propulsion functions of the Department of 
Energy, that were under the jurisdiction of the following entities on 
the day before the date of the enactment of the Department of Energy 
Abolishment Act:
            ``(A) The Department of Energy.
            ``(B) The Defense Threat Reduction Agency of the Department 
        of Defense.
            ``(C) The Defense Nuclear Facilities Safety Board.
    ``(c)(1) 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. A person may not be 
appointed as Under Secretary within 10 years after relief from active 
duty as a commissioned officer of a regular component of an armed 
force.
    ``(2) The Deputy Under Secretary shall perform such duties and 
exercise such powers as the Under Secretary may prescribe. The Deputy 
Under Secretary shall act for, and exercise the powers of, the Under 
Secretary during the Under Secretary's absence or disability or during 
a vacancy in such office.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``136a. Under Secretary of Defense for Defense Nuclear Programs; Deputy 
                            Under Secretary.''.
    (b) Assistant Secretaries.--Section 138 of title 10, United States 
Code, is amended--
            (1) in subsection (a), by striking ``nine'' and inserting 
        ``eleven''; and
            (2) in subsection (b), by inserting after paragraph (2) the 
        following new paragraph:
    ``(3) Two of the Assistant Secretaries shall report to the Under 
Secretary of Defense for Defense Nuclear Programs and shall carry out 
such duties and exercise such powers within the Defense Nuclear 
Programs Administration as the Under Secretary may prescribe. One of 
those Assistant Secretaries shall have as his principal duty the 
overall supervision of environmental restoration of defense nuclear 
weapons facilities. The other of those Assistant Secretaries shall have 
as his principal duty the overall supervision of the oversight of the 
defense and nondefense functions and budgets of the Sandia National 
Laboratories, the Los Alamos National Laboratory, and the Lawrence 
Livermore National Laboratory (or whatever laboratories (or portions of 
laboratories) carrying out the functions of such laboratories remain 
after reconfiguration, privatization, or closure (if any) pursuant to 
title II of the Department of Energy Abolishment Act).''.
    (c) Inspector General.--There shall be an Inspector General of the 
Administration, 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).
    (d) General Counsel.--There shall be a General Counsel of the 
Administration, who shall be appointed by the Under Secretary. The 
General Counsel shall be the chief legal officer for all legal matters 
arising from the conduct of the functions of the Administration.
    (e) Placement of Positions in the Executive Schedule.--Chapter 53 
of title 5, United States Code, is amended as follows:
            (1) Section 5313 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 is amended by adding at the end the 
        following:
            ``Deputy Under Secretary of Defense for Defense Nuclear 
        Programs.''.
            (3) Section 5315 is amended--
                    (A) by striking ``(9)'' after ``Assistant 
                Secretaries of Defense'' and inserting ``(11)''; and
                    (B) by adding at the end the following:
            ``Inspector General, Defense Nuclear Programs 
        Administration.''.
            (4) Section 5316 is amended--
                    (A) by striking the item relating to the Assistant 
                to the Secretary of Defense for Nuclear and Chemical 
                and Biological Defense Programs, Department of Defense; 
                and
                    (B) by adding at the end the following:
            ``General Counsel, Defense Nuclear Programs Administration, 
        Department of Defense.''.

SEC. 503. TRANSFERS OF FUNCTIONS.

    (a) Department of Energy.--
            (1) National security functions.--There are hereby 
        transferred to the Under Secretary of Defense for Defense 
        Nuclear Programs all functions performed by the Department of 
        Energy on the day before the date of the enactment of this Act 
        relating to the national security functions of the Department, 
        including defense, nonproliferation, and defense-related 
        environmental management programs.
            (2) National laboratories.--There are hereby transferred to 
        the Under Secretary all functions performed by the Department 
        of Energy on the day before the date of the enactment of this 
        Act relating to the oversight of the defense and nondefense 
        functions and budgets of the following laboratories:
                    (A) Sandia National Laboratories, Albuquerque, New 
                Mexico, and Livermore, California.
                    (B) Los Alamos National Laboratory, Los Alamos, New 
                Mexico.
                    (C) Lawrence Livermore National Laboratory, 
                California.
    (b) Defense Threat Reduction Agency.--There are hereby transferred 
to the Under Secretary all functions performed by the Defense Threat 
Reduction Agency of the Department of Defense on the day before the 
date of the enactment of this Act relating to nuclear weapons systems.
    (c) Defense Nuclear Facilities Safety Board.--There are hereby 
transferred to the Under Secretary all functions performed by the 
Defense Nuclear Facilities Safety Board on the day before the date of 
the enactment of this Act.
    (d) Other Nuclear Weapons-Related Functions.--The Secretary of 
Defense may transfer to the Under Secretary such other functions 
performed by the Department of Defense on the day before the date of 
the enactment of this Act relating to nuclear weapons as the Secretary 
considers appropriate.

SEC. 504. LIMITATION ON TRANSFERS OF FUNDS.

    (a) Transfers From Accounts of the DNPA.--No amount appropriated to 
the Defense Nuclear Programs Administration may be transferred to any 
other account (other than another account of the Administration) unless 
the transfer of such amount to such account is specifically authorized 
by law.
    (b) Transfers to Accounts of the DNPA.--No amount appropriated to 
the Department of Defense or another department or agency may be 
transferred to the Under Secretary of Defense for Defense Nuclear 
Programs or to an account for the Defense Nuclear Programs 
Administration unless the transfer of such amount to such account is 
specifically authorized by law.

SEC. 505. TRANSITION PROVISIONS.

    (a) Authorities To Wind Up Affairs.--
            (1) Department of energy.--The Director of the Office of 
        Management and Budget may take such actions as the Director 
        considers necessary to wind up any outstanding affairs of the 
        Department of Energy associated with the functions that are 
        transferred pursuant to section 503(a).
            (2) Department of defense.--The Secretary of Defense may 
        take such actions as the Secretary considers necessary to wind 
        up any outstanding affairs of the Defense Threat Reduction 
        Agency associated with the functions that are transferred 
        pursuant to section 503(b), any outstanding affairs of the 
        Department of Defense associated with any functions that may be 
        transferred pursuant to section 503(d), and any outstanding 
        affairs of the Assistant to the Secretary of Defense for 
        Nuclear and Chemical and Biological Defense Programs.
            (3) Defense nuclear facilities safety board.--The Director 
        of the Office of Management and Budget may take such actions as 
        the Director considers necessary to wind up any outstanding 
        affairs of the Defense Nuclear Facilities Safety Board.
    (b) 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 of 
Defense for Defense Nuclear Programs by this subtitle are transferred 
to the Under Secretary for use in connection with the function 
transferred.
    (c) Further Measures and Dispositions.--Such further measures and 
dispositions as the President considers necessary to effectuate the 
transfers referred to in subsections (a) and (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 
        Administration of the Department of Defense,''; and
            (2) in paragraph (2), by striking out ``Community Service, 
        or'' and inserting ``Community Service, the Defense Nuclear 
        Programs Administration of the Department of Defense,''.
    (b) Conforming Repeals.--
            (1) Assistant to the secretary of defense for nuclear and 
        chemical and biological defense programs.--Section 142 of title 
        10, United States Code, is repealed. The table of sections at 
        the beginning of chapter 4 of such title is amended by striking 
        the item relating to such section.
            (2) Defense nuclear facilities safety board.--Chapter 21 of 
        title I of the Atomic Energy Act of 1954 (42 U.S.C. 2286) is 
        repealed.
            (3) References.--Any reference to the Assistant to the 
        Secretary of Defense for Nuclear and Chemical and Biological 
        Defense Programs or the Defense Nuclear Facilities Safety Board 
        in any provision of law or in any rule, regulation, or other 
        paper of the United States shall be treated as referring to the 
        Under Secretary of Defense for Defense Nuclear Programs.
    (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 of Defense for Defense Nuclear Programs 
shall designate the Staff Director of the Council.''.

SEC. 507. EFFECTIVE DATE AND TRANSITION PERIOD.

    (a) Effective Date.--Except as provided in subsection (b), this 
subtitle shall take effect on the date of the enactment of this Act.
    (b) Delayed Effective Date for Establishment of Agency and 
Transfers of Functions.--Section 501(a) and section 503 shall take 
effect one year after the date of the enactment of this Act.
    (c) Transition Period.--The Secretary of Defense, the Secretary of 
Energy, the Assistant to the Secretary of Defense for Nuclear and 
Chemical and Biological Defense Programs, and the Defense Nuclear 
Facilities Safety Board shall, beginning as soon as practicable after 
the date of the enactment of this Act, plan for the orderly 
establishment of, and transfer of functions to, the Defense Nuclear 
Programs Administration pursuant to this subtitle.
    (d) Appointment Authority.--The President may make appointments 
under the amendments made by section 502 notwithstanding the effective 
date under subsection (b) for the establishment of the Defense Nuclear 
Programs Administration.

  Subtitle B--Environmental Restoration Activities at Defense Nuclear 
                               Facilities

SEC. 521. ENVIRONMENTAL RESTORATION ACTIVITIES AT DEFENSE NUCLEAR 
              FACILITIES.

    (a) In General.--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, the provisions of this title shall 
apply with respect to selection of remedial actions at defense nuclear 
facilities.

``SEC. 502. DEFINITIONS.

    ``For purposes of this title:
            ``(1) The term `defense nuclear facility' means any of the 
        following:
                    ``(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).
                    ``(E) Any 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) The term `Under Secretary' means the Under Secretary 
        of Defense for Defense Nuclear Programs.
            ``(3) The term `Administrator' means the Administrator of 
        the Environmental Protection Agency.

               ``Subtitle B--Selection of Remedial Action

``SEC. 511. REVIEW OF ONGOING AND PLANNED REMEDIAL ACTIONS.

    ``(a) Review of Ongoing and Planned Activities.--Not later than one 
year after the date of the enactment of this title, the Under Secretary 
shall review each remedial action described in subsection (b) for 
purposes of determining whether the remedial action was selected in a 
manner consistent with the requirements of this subtitle. 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. The Under Secretary shall, to the maximum extent practicable, 
ensure the minimization of any delays in the performance of the 
remedial action that result from the Under Secretary's activities under 
this subsection.
    ``(b) Covered Remedial Actions.--Subsection (a) applies to any 
remedial action at a defense nuclear facility--
            ``(1) which is ongoing as of the date of the enactment of 
        this title, including a facility for which construction is 
        ongoing or has been completed as of such 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 upon 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 pursuant 
        to 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.--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. Such consultation 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.--The Under Secretary shall certify the 
following when selecting a remedial action:
            ``(1) That the analysis of risk reduction benefits and 
        costs for the remedial action pursuant to 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 agency by interested parties 
        relating to the costs, risks, and risk reduction and other 
        benefits of the remedial action selected.
            ``(2) That 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.
            ``(3) That other alternative remedial actions identified or 
        considered by the agency 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.--(1) 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. The Under Secretary 
shall apply the principles set forth in subsection (b) in order 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) Discussions or explanations required under this section need 
not be repeated in each risk assessment document as long as there is a 
reference to the relevant discussions or explanation in another agency 
document which is available to the public.
    ``(b) Principles.--The principles to be applied in conducting a 
site-specific risk assessment are as follows:
            ``(1) When discussing 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. Where conflicts 
        among such data appear to exist, or where animal data is 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. The discussion of 
        possible reconciliation should indicate whether there is a 
        biological basis to assume a resulting harm in humans. Animal 
        data shall be reviewed with regard to its relevancy to humans.
            ``(2) Where 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--
                    ``(A) present a representative list and explanation 
                of plausible and alternative assumptions, inferences, 
                or models;
                    ``(B) explain the basis for any choices;
                    ``(C) identify any policy or value judgments;
                    ``(D) fully describe any model used in the risk 
                assessment and make explicit the assumptions 
                incorporated in the model; and
                    ``(E) indicate the extent to which any significant 
                model has been validated by, or conflicts with, 
                empirical data.
            ``(3) The site-specific risk assessment shall meet each of 
        the following requirements regarding risk characterization and 
        communication:
                    ``(A) The risk characterization shall describe the 
                populations or natural resources which are the subject 
                of the risk characterization. If a numerical estimate 
                of risk is provided, the agency shall, to the extent 
                feasible, provide--
                            ``(i) 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 
                        Federal agency); and
                            ``(ii) a statement of the reasonable range 
                        of scientific uncertainties.
                In addition to such best estimate or estimates, the 
                risk characterization document may present plausible 
                upper-bound or conservative estimates in conjunction 
                with plausible lower-bound estimates. Where 
                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. To the extent practicable and 
                appropriate, the 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. Sensitive subpopulations or highly 
                exposed subpopulations include, where relevant and 
                appropriate, children, the elderly, pregnant women, and 
                disabled persons.
                    ``(B) 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. 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. Exposure 
                scenarios shall explicitly identify those exposure 
                scenarios which result in plausible completed exposure 
                pathways.
                    ``(C) A site-specific risk assessment shall contain 
                a statement that places the magnitude of risks to human 
                health, safety, or the environment in context. Such 
                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 where appropriate and meaningful, 
                comparisons of those risks with other similar risks 
                regulated by the Federal agency resulting from 
                comparable activities and exposure pathways. Such 
                comparisons should consider relevant distinctions among 
                risks, such as the voluntary or involuntary nature of 
                risks and the preventability or nonpreventability of 
                risks.
                    ``(D) Each site-specific risk assessment shall 
                include a statement of any significant substitution 
                risks to human health, where information on such risks 
                has been provided to the Under Secretary.
                    ``(E) If a commenter provides the Under Secretary 
                with a relevant risk assessment and a summary thereof 
                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 such summary in 
                connection with the presentation of the site-specific 
                risk assessment. Nothing in this paragraph shall be 
                construed to limit the inclusion of any comments or 
                material supplied by any person to the administrative 
                record of any proceeding.
            ``(4) A site-specific risk assessment may satisfy the 
        requirements of subparagraph (C), (D), or (E) of paragraph (3) 
        by reference to information or material otherwise available to 
        the public if the document provides a brief summary of such 
        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 the following:
            ``(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. 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. Such 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, where appropriate and meaningful, comparisons of those 
risks with other similar risks regulated by the Federal Government 
resulting from comparable activities and exposure pathways. Such 
comparisons should consider relevant distinctions among risks, such as 
the voluntary or involuntary nature of risks and the preventability or 
nonpreventability of risks.
            ``(4) An analysis of whether the identified benefits of the 
        remedial action are likely to exceed the identified costs of 
        the remedial action.''.
    (b) 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 new sentence: ``This subsection also shall not apply to 
the extent otherwise provided in title V with respect to selection of 
remedial actions at defense nuclear facilities.''.

SEC. 522. RENEGOTIATION OF COMPLIANCE AGREEMENTS.

    (a) Requirement.--For each defense nuclear facility with respect to 
which a compliance agreement has been entered into by the Secretary of 
Energy, the Administrator of the Environmental Protection Agency, and a 
State as of the date of the enactment of this Act, the Under Secretary 
of Defense for Defense Nuclear Programs shall enter into negotiations 
with the Administrator of the Environmental Protection Agency and the 
State concerned to renegotiate the terms of the compliance agreement to 
reflect title V of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as added by section 521(a).
    (b) Deadline.--The Under Secretary of Defense for Defense Nuclear 
Programs shall complete renegotiation of compliance agreements as 
required by subsection (a) not later than one year after the date of 
the enactment of this Act.

TITLE VI--DISPOSITION OF MISCELLANEOUS PARTICULAR PROGRAMS, FUNCTIONS, 
                       AND AGENCIES OF DEPARTMENT

SEC. 601. ENERGY RESEARCH AND DEVELOPMENT.

    (a) Recommendations.--Within 1 year of the date of the enactment of 
this Act, the Energy Laboratory Facilities Commission established under 
section 201(a) of this Act shall identify in a report to Congress all 
research and development activities of the Department of Energy carried 
out at energy laboratories (as such term is defined in section 208(5) 
of this Act) or at institutions of higher education, that perform a 
critical research function of importance to the long-term economic 
wellbeing of the United States. Such report shall include 
recommendations for the transfer of such activities to appropriate 
Federal agencies.
    (b) Termination of Programs.--
            (1) Clean coal technology.--The Secretary of Energy shall 
        terminate all clean coal technology research and development 
        activities of the Department of Energy.
            (2) Fossil energy and energy conservation.--The Secretary 
        of Energy shall terminate all fossil energy research and 
        development activities and energy conservation research and 
        development activities of the Department of Energy.
            (3) Energy supply research and development.--The Secretary 
        of Energy shall terminate all Energy Supply Research and 
        Development activities of the Department of Energy, including 
        Basic Energy Sciences, Magnetic Fusion Energy, Solar and 
        Renewable Energy, Nuclear Fission, and Biological and 
        Environmental Sciences research and development.
    (c) Transfer of Programs.--The following activities of the 
Department of Energy shall, no later than 60 days after the date of the 
enactment of this Act, be transferred to the Department of Defense:
            (1) All activities described under the category ``Weapons 
        Activities'' in the annual budget request of the President for 
        fiscal year 2001, including weapons stockpile stewardship and 
        management.
            (2) All activities described under the category ``Other 
        Defense Activities'' in the annual budget request of the 
        President for fiscal year 2001, other than the activity 
        described as ``Naval Reactors''.
    (d) Progress Reports.--The Secretary of Energy shall, every 90 days 
after the date of the enactment of this Act until the completion of the 
execution of subsections (b) and (c), transmit to the Congress a report 
on the progress made toward such execution.

SEC. 602. ENERGY INFORMATION ADMINISTRATION.

    There are hereby transferred to the Department of the Treasury all 
functions performed by the Energy Information Administration on the day 
before the effective date of this section. There are authorized to be 
appropriated for carrying out the activities of the Energy Information 
Administration $40,000,000 for each of the fiscal years 2002 through 
2006.

SEC. 603. EFFECTIVE DATE.

    (a) General Rule.--Except as provided in subsection (b), this title 
shall take effect on the date specified in section 109(a) of this Act.
    (b) Exceptions.--Section 601(b), (c), and (d), shall take effect on 
the date of the 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.

    (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 40,000 metric tons of spent nuclear fuel 
                have been produced by the Nation's operating nuclear 
                power plants, and an additional 60,000 metric tons of 
                spent nuclear fuel is expected to be produced by 2010;
                    (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 $13,700,000,000 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, was directed to dispose of spent 
                nuclear fuel beginning not later than January 31, 1998;
                    (I) despite the 19 years that have passed since the 
                enactment of the Nuclear Waste Policy Act of 1982 and 
                the expenditure of over $5,200,000,000, 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; 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.
    (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 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) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10168 (a)).
    (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, 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, and 146 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, and 10166) 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.--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 the enactment of this Act 
before an office transferred by this Act, but such proceedings and 
applications shall be continued. Orders shall be issued in 
such proceedings, appeals shall be taken therefrom, and payments shall 
be made pursuant to such orders, as if this Act had not been enacted, 
and orders issued in any such 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. 
Nothing in this subsection shall be considered 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 the 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 AND ASSIGNMENT.

    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. 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.--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. 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 one year after the date of the 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 abolishments, 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.

SEC. 809. DEFINITIONS.

    Except as otherwise provided in this Act, for purposes of this Act 
the following definitions apply:
            (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, 
        organizational entity, or component thereof.
            (5) Termination date.--The term ``termination date'' means 
        the termination date under section 106(d).
            (6) 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.
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