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SEC. 702. REAFFIRMATION OF OBLIGATION TO ACCEPT RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL BY 1998.

(a) FINDINGS AND PURPOSES-

(1) FINDINGS- Congress finds that--

(A) the generation of electricity by nuclear reactors results in the production of spent nuclear fuel;

(B) about 24,000 metric tons of spent nuclear fuel have been produced by the Nation's operating nuclear power plants, and an additional 50,000 metric tons of spent nuclear fuel is expected to be produced during the terms of their current licenses;

(C) the vast majority of commercial spent nuclear fuel is currently stored in individual water-filled pools at reactor sites throughout the Nation;

(D) the storage pools for the temporary storage of spent nuclear fuel are nearing capacity at many of the reactor sites;

(E) since the beginning of the commercial nuclear power industry in the 1960's, the Federal Government has had the responsibility to provide for the disposal of commercial spent nuclear fuel;

(F) Congress enacted the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) in order to codify the Federal responsibility and policy to provide for the safe and timely disposal of spent nuclear fuel by establishing a schedule for the siting, construction, and operation of deep geologic repositories, assigning the responsibility for implementation of the program to the Department of Energy, and establishing the Nuclear Waste Fund to cover the costs of the Federal disposal program to be paid by utility ratepayers and owners;

(G) since the enactment of the Nuclear Waste Policy Act of 1982, utility ratepayers and owners have paid more than $10,000,000,000 into the Nuclear Waste Fund;

(H) under the schedule established in the Nuclear Waste Policy Act of 1982, the Department of Energy, in return for the payment of the fees by utility ratepayers and owners, is directed to dispose of spent nuclear fuel beginning not later than January 31, 1998;

(I) despite the 14 years that have passed since the enactment of the Nuclear Waste Policy Act of 1982 and the expenditure of over $4,000,000,000, the Department of Energy has fallen behind schedule, and the projected date

for commencement of operation of a repository , under optimistic assumptions, is 2010;

(J) the Nuclear Waste Policy Act of 1982 currently prohibits the selection of a site for a monitored retrievable storage facility until a site for a permanent repository has been selected;

(K) the Federal Government, under the Nuclear Waste Policy Act of 1982, has an absolute obligation to accept spent nuclear fuel beginning not later than January 31, 1998; and

(L) the General Accounting Office and other technical experts have indicated that greater privatization would enhance cost efficiencies.

(2) PURPOSES- The purposes of this section are--

(A) to ensure that the Secretary of the Army fulfills what was formerly the responsibility of the Secretary of Energy to site, construct, and operate temporary and permanent nuclear waste disposal facilities in a safe and timely manner; and

(B) to reaffirm the obligation of the Federal Government under the Nuclear Waste Policy Act of 1982 to provide for the safe disposal of spent nuclear fuel beginning not later than January 31, 1998.

(b) REAFFIRMATION OF OBLIGATION OF SECRETARY OF ENERGY- Section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) is amended by adding at the end the following:

`(7) The obligation of the Secretary under paragraph (5) to accept high-level radioactive waste and spent nuclear fuel beginning not later than January 31, 1998, is absolute and is not dependent on the commencement of operation of a repository or a monitored retrievable storage facility. That obligation shall not be voided or delayed for any reason.'.

(c) SITING OF MONITORED RETRIEVABLE STORAGE FACILITY-

(1) REPEAL OF SITE SELECTION LIMITATION- Section 145 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10165) is amended by striking subsection (b).

(2) REPEAL OF LICENSING CONDITIONS- Section 148 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10168) is amended by striking subsection (d).

SEC. 703. INITIAL STORAGE FACILITY.

(a) LICENSE- The facility for the initial storage of not more than 40,000 metric tons of uranium at Area 25 of the Nevada Test Site shall be licensed by the Nuclear Regulatory Commission for an unspecified period, in accordance with the Commission's regulations governing the licensing of independent spent fuel storage installations, without regard to section 148 (a) or (d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10168 (a), (d)).

(b) EXPANSION-

(1) OPERATION CONSISTENT WITH CURRENT LAW- The initial storage facility shall be expandable for the subsequent transportation and interim storage of up to 100,000 metric tons of uranium and shall be operational, 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.

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