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H.R.2411
Department of Energy Elimination and National Security Protection Act
of 1999 (Introduced in the House)
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terminated or repealed by this Act; and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.
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