HR 2411 IH
106th CONGRESS
1st Session
H. R. 2411
To abolish the Department of Energy.
IN THE HOUSE OF REPRESENTATIVES
June 30, 1999
Mr. ROYCE introduced the following bill; which was referred to the Committee
on 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 1999'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 2. Table of contents.
TITLE I--ABOLISHMENT OF DEPARTMENT OF ENERGY
Sec. 101. Reestablishment of Department as Energy Programs Resolution
Agency.
Sec. 103. Deputy Administrator.
Sec. 104. Continuation of service of Department officers.
Sec. 105. Reorganization.
Sec. 106. Abolishment of Energy Programs Resolution Agency.
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. 206. Reports on implementation.
Sec. 207. Congressional consideration of Commission report.
TITLE III--PRIVATIZATION OF FEDERAL POWER MARKETING ADMINISTRATIONS
Sec. 303. Sale of assets.
Sec. 305. Rate stabilization for affected customers.
Sec. 306. Licensing of projects to preserve current operating
conditions.
Sec. 307. Enabling Federal studies.
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. 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. Energy Regulatory Administration.
Sec. 604. 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 by 1998.
Sec. 703. Initial storage facility.
TITLE VIII--MISCELLANEOUS PROVISIONS
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.
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.
(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:
(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 Secretary, Department of Energy.'.
(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 (8).
`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:
(2) Titles I, II, and III.
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:
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.
(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-
(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.
(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.
(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.
(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.
(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).
(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 XXX', 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.
(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
1999'.
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,'.
(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 2000, 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
2000, 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 2000 through 2004.
SEC. 603. ENERGY REGULATORY ADMINISTRATION.
There are hereby transferred to the Attorney General all functions
performed by the Energy Regulatory Administration on the day before the
effective date of this section.
SEC. 604. 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':
(4) REFERENCE TO THE OFFICE OF CIVILIAN WASTE MANAGEMENT- Section 2 of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101) is amended by
striking paragraph (17).
SEC. 702. REAFFIRMATION OF OBLIGATION TO ACCEPT RADIOACTIVE WASTE AND SPENT
NUCLEAR FUEL BY 1998.
(a) FINDINGS AND PURPOSES-
(1) FINDINGS- Congress finds that--
(A) the generation of electricity by nuclear reactors results in the
production of spent nuclear fuel;
(B) about 24,000 metric tons of spent nuclear fuel have been produced
by the Nation's operating nuclear power plants, and an additional 50,000
metric tons of spent nuclear fuel is expected to be produced during the
terms of their current licenses;
(C) the vast majority of commercial spent nuclear fuel is currently
stored in individual water-filled pools at reactor sites throughout the
Nation;
(D) the storage pools for the temporary storage of spent nuclear fuel
are nearing capacity at many of the reactor sites;
(E) since the beginning of the commercial nuclear power industry in
the 1960's, the Federal Government has had the responsibility to provide
for the disposal of commercial spent nuclear fuel;
(F) Congress enacted the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101 et seq.) in order to codify the Federal responsibility and policy to
provide for the safe and timely disposal of spent nuclear fuel by
establishing a schedule for the siting, construction, and operation of
deep geologic repositories, assigning the responsibility for
implementation of the program to the Department of Energy, and
establishing the Nuclear Waste Fund to cover the costs of the Federal
disposal program to be paid by utility ratepayers and owners;
(G) since the enactment of the Nuclear Waste Policy Act of 1982,
utility ratepayers and owners have paid more than $10,000,000,000 into the
Nuclear Waste Fund;
(H) under the schedule established in the Nuclear Waste Policy Act of
1982, the Department of Energy, in return for the payment of the fees by
utility ratepayers and owners, is directed to dispose of spent nuclear
fuel beginning not later than January 31, 1998;
(I) despite the 14 years that have passed since the enactment of the
Nuclear Waste Policy Act of 1982 and the expenditure of over
$4,000,000,000, the Department of Energy has fallen behind schedule, and
the projected date
for commencement of operation of a repository, under optimistic assumptions,
is 2010;
(J) the Nuclear Waste Policy Act of 1982 currently prohibits the
selection of a site for a monitored retrievable storage facility until a
site for a permanent repository has been selected;
(K) the Federal Government, under the Nuclear Waste Policy Act of
1982, has an absolute obligation to accept spent nuclear fuel beginning
not later than January 31, 1998; and
(L) the General Accounting Office and other technical experts have
indicated that greater privatization would enhance cost
efficiencies.
(2) PURPOSES- The purposes of this section are--
(A) to ensure that the Secretary of the Army fulfills what was
formerly the responsibility of the Secretary of Energy to site, construct,
and operate temporary and permanent nuclear waste disposal facilities in a
safe and timely manner; and
(B) to reaffirm the obligation of the Federal Government under the
Nuclear Waste Policy Act of 1982 to provide for the safe disposal of spent
nuclear fuel beginning not later than January 31, 1998.
(b) REAFFIRMATION OF OBLIGATION OF SECRETARY OF ENERGY- Section 302(a) of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) is amended by adding
at the end the following:
`(7) The obligation of the Secretary under paragraph (5) to accept
high-level radioactive waste and spent nuclear fuel beginning not later than
January 31, 1998, is absolute and is not dependent on the commencement of
operation of a repository or a monitored retrievable storage facility. That
obligation shall not be voided or delayed for any reason.'.
(c) SITING OF MONITORED RETRIEVABLE STORAGE FACILITY-
(1) REPEAL OF SITE SELECTION LIMITATION- Section 145 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10165) is amended by striking subsection
(b).
(2) REPEAL OF LICENSING CONDITIONS- Section 148 of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10168) is amended by striking subsection
(d).
SEC. 703. INITIAL STORAGE FACILITY.
(a) LICENSE- The facility for the initial storage of not more than 40,000
metric tons of uranium at Area 25 of the Nevada Test Site shall be licensed by
the Nuclear Regulatory Commission for an unspecified period, in accordance
with the Commission's regulations governing the licensing of independent spent
fuel storage installations, without regard to section 148 (a) or (d) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10168 (a), (d)).
(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, 146, and 148(d) (1), (3), and (4) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10151 (a)(3), (b)(2), 10155 (a)(1), (2), (d),
10161(g), 10165, 10168(d) (1), (3), (4)) are repealed.
(c) REVIEW OF PROGRAM- The Secretary of the Army shall review the
activities of the initial storage facility program, including all cooperative
agreements, international commitments, and university assistance, and shall
make available to those entities amounts, that are commensurate with the
revised program for nuclear waste disposal activities.
(d) PROGRAM PLAN AND SCHEDULE- The Secretary of the Army shall submit to
the Congress within 90 days a revised program plan and schedule, including a
new 5-year budget, that addresses the construction and operation of the
interim storage capability, the revised site characterization program at the
Yucca Mountain site, and the results of the Secretary's review of the
program's institutional activities.
(e) GAO REPORT- Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall conduct a study
and submit to Congress a report on the extent to which the management of
civilian radioactive waste by the private sector might result in cost
efficiencies and the means by which the responsibility for performing
management of civilian radioactive waste may be transferred to the private
sector.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. REFERENCES.
Any reference in any other Federal law, Executive order, rule, regulation,
or delegation of authority, or any document of or pertaining to an office from
which a function is transferred by this Act--
(1) to the Secretary of Energy or an officer of the Department of
Energy, is deemed to refer to the head of the department or office to which
such function is transferred; or
(2) to the Department of Energy is deemed to refer to the department or
office to which such function is transferred.
SEC. 802. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal official to whom a function
is transferred by this Act may, for purposes of performing the function,
exercise all authorities under any other provision of law that were available
with respect to the performance of that function to the official responsible
for the performance of the function immediately before the effective date of
the transfer of the function under this Act.
SEC. 803. SAVINGS PROVISIONS.
(a) LEGAL DOCUMENTS- All orders, determinations, rules, regulations,
permits, grants, loans, contracts, agreements, certificates, licenses, and
privileges--
(1) that have been issued, made, granted, or allowed to become effective
by the President, the Secretary of Energy, any officer or employee of any
office transferred by this Act, or any other Government official, or by a
court of competent jurisdiction, in the performance of any function that is
transferred by this Act, and
(2) that are in effect on the effective date of such transfer (or become
effective after such date pursuant to their terms as in effect on such
effective date),
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by the
President, any other authorized official, a court of competent jurisdiction,
or operation of law.
(b) PROCEEDINGS- 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.
END