S 896 IS

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

April 28, 1999

Mr. GRAMS (for himself, Mr. ABRAHAM and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

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

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Department of Energy Abolishment Act'.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

TITLE I--ABOLISHMENT OF DEPARTMENT OF ENERGY

Sec. 101. Reestablishment of department as Energy Programs Resolution Agency.

Sec. 102. Functions.

Sec. 103. Deputy Administrator.

Sec. 104. Continuation of service of department officers.

Sec. 105. Reorganization.

Sec. 106. Abolishment of Energy Programs Resolution Agency.

Sec. 107. Restoration of the Federal Energy Regulatory Commission as an independent agency.

Sec. 108. Disposition of the Energy Information Administration and of certain energy research programs.

Sec. 109. Disposition of the Energy Regulatory Administration.

Sec. 110. GAO report.

Sec. 111. Conforming amendments.

Sec. 112. Effective date.

TITLE II--ENERGY LABORATORIES

Subtitle A--National Defense Laboratories

Sec. 201. Transfer and discharge of functions.

Subtitle B--Nondefense Energy Laboratories

Sec. 211. Definitions.

Sec. 212. Transfer to National Science Foundation.

Sec. 213. Energy Laboratory Facilities Commission.

Sec. 214. Procedure for making recommendations for laboratory facilities.

Sec. 215. Fast track congressional consideration of Commission report.

Sec. 216. Closure, reconfiguration, transfer, and privatization of energy laboratories.

Sec. 217. Implementation of closure, reconfiguration, transfer, and privatization actions.

Sec. 218. Account.

Sec. 219. Reports on implementation.

TITLE III--POWER MARKETING ADMINISTRATIONS

Sec. 301. Findings.

Sec. 302. Definitions.

Sec. 303. Transfer to Army Corps of Engineers.

TITLE IV--TRANSFER AND DISPOSAL OF RESERVES

Subtitle A--Strategic Petroleum Reserve

Sec. 401. Strategic Petroleum Reserve.

Subtitle B--Naval Petroleum Reserves

Sec. 411. Naval Petroleum Reserves.

TITLE V--NATIONAL SECURITY AND ENVIRONMENTAL MANAGEMENT PROGRAMS

Sec. 501. Establishment and organization of Defense Nuclear Programs Administration.

Sec. 502. Functions 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.

TITLE VI--ENVIRONMENTAL RESTORATION ACTIVITIES AT DEFENSE NUCLEAR FACILITIES

Sec. 601. Environmental restoration activities at Defense nuclear facilities.

Sec. 602. Conforming amendment.

Sec. 603. Renegotiation of compliance agreements.

TITLE VII--CIVILIAN RADIOACTIVE WASTE MANAGEMENT

Sec. 701. Transfer of authority to the Secretary of the Army.

Sec. 702. Reaffirmation of obligation to accept radioactive waste and spent nuclear fuel by 2000.

Sec. 703. Interim storage program.

TITLE VIII--MISCELLANEOUS PROVISIONS

Sec. 801. References.

Sec. 802. Exercise of authorities.

Sec. 803. Savings provisions.

Sec. 804. Transfer of assets.

Sec. 805. Delegation.

Sec. 806. Authority of Office of Management and Budget with respect to functions transferred.

Sec. 807. Proposed changes in law.

Sec. 808. Certain vesting of functions considered transfer.

SEC. 3. DEFINITIONS.

In this Act:

(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Energy Programs Resolution Agency.

(2) AGENCY- The term `Agency' means the Energy Programs Resolution Agency.

(3) FUNCTION- The term `function' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.

(4) OFFICE- The term `office' includes any office, administration, agency, institute, council, unit, and organizational entity and any component thereof.

(5) SECRETARY- The term `Secretary' means the Secretary of Energy.

(6) SECRETARY OR ADMINISTRATOR- The term `Secretary or Administrator' means--

(A) with respect to any time prior to the effective date of this Act, the Secretary of Energy; and

(B) with respect to any time after the effective date of this Act, the Administrator.

(7) TERMINATION DATE- The term `termination date' means the termination date under section 106(d).

(8) WIND-UP PERIOD- The term `wind-up period' means the period beginning on the effective date specified in section 109(a) and ending on the termination date.

TITLE I--ABOLISHMENT OF DEPARTMENT OF ENERGY

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

(a) REDESIGNATION- The Department of Energy is redesignated as the Energy Programs Resolution Agency, which shall be an independent agency in the executive branch of the Government.

(b) Administrator-

(1) IN GENERAL- There shall be at the head of the Agency an Administrator of the Agency, who shall be appointed by the President by and with the advice and consent of the Senate. The Agency shall be administered under the supervision and direction of the Administrator. The Administrator shall receive compensation at the rate prescribed for level II of the Executive Schedule under section 5313 of title 5, United States Code.

(2) INITIAL APPOINTMENT OF ADMINISTRATOR- Notwithstanding any other provision of this Act or any other law, the President may, at any time after the date of enactment of this Act, appoint an individual to serve as Administrator of the Energy Programs Resolution Agency (who may be the person holding the position of Secretary of Energy on the day before the effective date of this Act). An appointment under this paragraph shall not be construed to affect the position of Secretary of Energy or the authority of the Secretary before the effective date of this Act.

(c) DUTIES- The Administrator shall be responsible for--

(1) the administration and wind-up, during the wind-up period, of all functions of the Administrator under section 102 and the other provisions of this Act;

(2) the administration and wind-up, during the wind-up period, of any outstanding obligations of the Federal Government under any programs terminated or repealed by this Act; and

(3) taking such other actions as may be necessary, before the termination date, to wind up any outstanding affairs of the Agency.

SEC. 102. FUNCTIONS.

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

SEC. 103. DEPUTY ADMINISTRATOR.

The Agency shall have a Deputy Administrator, who shall--

(1) be appointed by and report to the Administrator; and

(2) perform such functions as may be delegated by the Administrator.

SEC. 104. CONTINUATION OF SERVICE OF DEPARTMENT OFFICERS.

The person holding the position of Secretary of Energy on the day before the effective date of this Act and persons holding positions in the Department of Energy on that date whose appointment is not vested in the Secretary of Energy--

(1) shall be treated as persons designated to perform the duties of their offices under sections 3345 and 3346, respectively, of title 5, United States Code, for the purpose of establishing the period of time during which those officers may continue to serve under section 3348 of that title; and

(2) shall continue to be compensated for serving in those positions at the rate at which those persons were compensated on that day.

SEC. 105. REORGANIZATION.

The Administrator may, as the Administrator considers necessary or appropriate--

(1) allocate or reallocate any function of the Agency under this Act among the officers of the Agency; and

(2) establish, consolidate, alter, or discontinue in the Agency any organizational entities that were entities of the Department of Energy.

SEC. 106. ABOLISHMENT OF ENERGY PROGRAMS RESOLUTION AGENCY.

(a) IN GENERAL- Effective on the termination date of this Act, the Energy Programs Resolution Agency is abolished.

(b) ABOLITION OF FUNCTIONS- Except for functions transferred or otherwise continued under this Act, all functions that, immediately before the termination date, were functions of the Agency are abolished effective on the termination date.

(c) PLAN FOR WINDING UP AFFAIRS- Not later than the effective date of this Act, the President shall submit to Congress a plan for winding up the affairs of the Agency in accordance with this Act and by not later than the termination date.

(d) TERMINATION DATE- The termination date of this Act is the date that is 3 years after the date of enactment of this Act.

SEC. 107. RESTORATION OF THE FEDERAL ENERGY REGULATORY COMMISSION AS AN INDEPENDENT AGENCY.

The Department of Energy Organization Act is amended--

(1) in the first sentence of section 204 (42 U.S.C. 7134), by striking `within the Department,';

(2) in section 401 (42 U.S.C. 7171)--

(A) in subsection (a), by striking `within the Department';

(B) in subsection (c), by striking the second sentence;

(C) by striking subsection (d); and

(D) in subsection (j)--

(i) in the first sentence--

(I) by striking `under this Act, the Secretary' and inserting `by the Commission, the Commission'; and

(II) by striking `to the Secretary and'; and

(ii) in the second sentence, by striking `the Secretary,';

(3) in section 402 (42 U.S.C. 7172), by striking subsections (c), (d), (e), (f), and (g);

(4) in section 403 (42 U.S.C. 7173)--

(A) in subsection (a), by striking `Secretary and the Commission are authorized to' and inserting `Commission may'; and

(B) by striking subsection (b);

(5) by striking sections 404, 405, and 406 (42 U.S.C. 7174, 7175, 7176);

(6) in section 407 (42 U.S.C. 7177)--

(A) in subsection (a)--

(i) by striking `The Secretary, each officer of the Department, and each' and inserting `Each'; and

(ii) by striking `of the Department or'; and

(B) by striking subsection (b); and

(7) in section 501(a) (42 U.S.C. 7191(a))--

(A) in paragraph (1), by striking `(1)'; and

(B) by striking paragraph (2).

SEC. 108. DISPOSITION OF THE ENERGY INFORMATION ADMINISTRATION AND OF CERTAIN ENERGY RESEARCH PROGRAMS.

(a) TRANSFER OF FUNCTIONS- There are transferred to the Secretary of the Interior--

(1) all of the functions of the Administrator of the Energy Information Administration; and

(2)(A) the civilian energy research programs under the Assistant Secretary of Energy for Fossil Energy and the Assistant Secretary of Energy for Energy Efficiency and Renewable Energy; and

(B) the science and technology programs under--

(i) the Office of Energy Research;

(ii) the Office of Nuclear Energy Science and Technology;

(iii) the Office of Science Education and Technical Information; and

(iv) the Office of Energy Research.

(b) BASIC SCIENCE PROGRAMS- If the Secretary of the Interior determines that any of the programs transferred under subsection (a)(2) is a program that performs basic science research that should be considered by the Nondefense Energy Laboratory Commission under section 213, the President shall transfer the programs to the National Science Foundation.

(c) RECOMMENDATIONS FOR FURTHER DISPOSITION- Not later than the date that is 1 year after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress a report making recommendations for the permanent disposition of the functions and programs transferred by subsection (a).

SEC. 109. DISPOSITION OF THE ENERGY REGULATORY ADMINISTRATION.

(a) TRANSFER OF FUNCTIONS- There are transferred to the Attorney General all of the functions of the Administrator of the Energy Regulatory Administration.

(b) RESOLUTION OF PENDING CASES- The Attorney General shall make best efforts to resolve all cases pending before, or being litigated on behalf of, the Energy Regulatory Administration by the date that is 1 year after the date of enactment of this Act, achieving such resolution by means of the alternate dispute resolution process to the extent possible.

SEC. 110. GAO REPORT.

Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes recommendations for the most efficient means of achieving, in accordance with this Act--

(1) the complete abolishment of the Department of Energy; and

(2) the termination, transfer, or other disposition of the functions of the Department of Energy.

SEC. 111. CONFORMING AMENDMENTS.

(a) PRESIDENTIAL SUCCESSION- Section 19(d)(1) of title 3, United States Code, is amended by striking `Secretary of Energy,'.

(b) EXECUTIVE DEPARTMENTS- Section 101 of title 5, United States Code, is amended by striking the item relating to the Department of Energy.

(c) SECRETARY'S COMPENSATION- Section 5312 of title 5, United States Code, is amended by striking the item relating to the Secretary of Energy.

(d) DEPUTY SECRETARY'S COMPENSATION- Section 5313 of title 5, United States Code, is amended by striking the item relating to the Deputy Secretary of Energy.

(e) UNDER SECRETARY'S COMPENSATION- Section 5314 of title 5, United States Code, is amended by striking the item relating to the Under Secretary, Department of Energy.

(f) MISCELLANEOUS OFFICERS' COMPENSATION- Section 5315 of title 5, United States Code, is amended by striking the items relating to the Assistant Secretaries of Energy, General Counsel of the Department of Energy, Administrator, Economic Regulatory Administration, Department of Energy, Administrator, Energy Information Administration, Department of Energy, Inspector General, Department of Energy, Director, Office of Energy Research, Department of Energy, and Chief Financial Officer, Department of Energy.

(g) INSPECTOR GENERAL ACT OF 1978- The Inspector General Act of 1978 (5 U.S.C. App.) is amended--

(1) in section 9(a)(1), by striking subparagraph (E);

(2) in section 11(1), by striking `Energy,'; and

(3) in section 11(2), by striking `Energy,'.

(h) DEPARTMENT OF ENERGY ORGANIZATION ACT- Effective on the termination date, the following provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.) are repealed:

(1) Sections 1 and 2.

(2) Titles I, II, and III.

SEC. 112. EFFECTIVE DATE.

(a) IN GENERAL- Except as provided in subsection (b), this title shall take effect on the date that is 180 days after the date of enactment of this Act.

(b) PROVISIONS EFFECTIVE ON DATE OF ENACTMENT- Sections 101, 106(c), and 107 shall take effect on the date of enactment of this Act.

TITLE II--ENERGY LABORATORIES

Subtitle A--National Defense Laboratories

SEC. 201. TRANSFER AND DISCHARGE OF FUNCTIONS.

(a) DEFINITION- In this section, the term `national defense laboratories' means--

(1) the Lawrence Livermore National Laboratory;

(2) the Los Alamos National Laboratory; and

(3) the Sandia National Laboratories.

(b) TRANSFER OF FUNCTIONS- The functions of the national defense laboratories are transferred to the Under Secretary of Defense for Defense Nuclear Programs under title V of this Act (relating to national security and environmental management programs of the Department of Energy), who shall carry out such functions in accordance with that title through the Defense Nuclear Programs Administration established by that title.

Subtitle B--Nondefense Energy Laboratories

SEC. 211. DEFINITIONS.

In this title:

(1) ACCOUNT- The term `Account' means the Energy Laboratory Facility Closure Account established under section 207(a).

(2) BASIC SCIENCE PROGRAM- The term `basic science program' means a program transferred to the National Science Foundation under section 108(b).

(3) COMMISSION- The term `Commission' means the Energy Laboratory Facilities Commission.

(4) CONGRESSIONAL ENERGY COMMITTEES- The term `congressional energy committees' means the Committee on Armed Services of the Senate, the Committee on National Security of the House of Representatives, the Committee on Science of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate.

(5) NONDEFENSE ENERGY LABORATORY- The term `nondefense energy laboratory' means the Ames Laboratory, the Argonne National Laboratory, the Bates Linear Accelerator Laboratory, the Bettis Atomic Power Laboratory, the Brookhaven National Laboratory, the Continuous Electron Beam Accelerator Facility, the Energy Technology Engineering Center, the Environmental Measurements Laboratory, the Fermi National Accelerator Laboratory, the Idaho National Engineering Laboratory, the Inhalation Toxicology Research Institute, the Knolls Atomic Power Laboratory, the Laboratory of Radiobiology and Environmental Health, the Lawrence Berkeley Laboratory, the Morgantown Energy Technology Center, the National Renewable Energy Laboratory, the New Brunswick Laboratory, the Oak Ridge Institute for Science and Education, the Oak Ridge National Laboratory, the Pacific Northwest Laboratory, the Pittsburgh Energy Technology Center, the Princeton Plasma Physics Laboratory, the Savannah River Ecology Laboratory, the Savannah River Technology Center, the Specific Manufacturing Capability Facility, or the Stanford Linear Accelerator Facility.

(6) RESOLUTION OF APPROVAL- The term `resolution of approval' means a joint resolution--

(A) that is introduced within the 10-day period beginning on the date on which the Commission transmits the report to Congress under section 204(f)(4);

(B) the title of which is as follows: `Joint resolution approving the recommendations of the Energy Laboratory Facilities Commission.';

(C) that does not have a preamble;

(D) the matter after the resolving clause of which is as follows: `That Congress approves the recommendations of the Energy Laboratory Facilities Commission as submitted on XX', the blank space being filled in with the appropriate date; and

(E) that contains no other matter.

SEC. 212. TRANSFER TO NATIONAL SCIENCE FOUNDATION.

There are transferred to the National Science Foundation all of the functions of the Secretary relating to the nondefense energy laboratories.

SEC. 213. ENERGY LABORATORY FACILITIES COMMISSION.

(a) ESTABLISHMENT- There is established an independent commission, to be known as the `Nondefense Energy Laboratory Commission', for the purpose of making recommendations to Congress whether any of the nondefense energy laboratories or programs at nondefense energy laboratories or any of the basic science programs should be continued through reconfiguration, transfer, or privatization, rather than being closed in accordance with section 220.

(b) DUTIES- The Commission shall carry out the duties specified for the Commission in this subtitle.

(c) APPOINTMENT-

(1) IN GENERAL- The Commission shall be composed of 7 members appointed by the President, by and with the advice and consent of the Senate.

(2) NOMINATIONS- The President shall transmit to the Senate the nominations for appointment to the Commission not later than 90 days after the date of enactment of this Act.

(3) DISQUALIFICATION OF GOVERNMENT EMPLOYEES- An employee of the United States shall not be eligible to serve on the Commission.

(4) CONSULTATION- In selecting persons for nominations for appointments to the Commission, the President shall consult with--

(A) the Speaker of the House of Representatives concerning the appointment of 2 members; and

(B) the majority leader of the Senate concerning the appointment of 2 members.

(5) CHAIRPERSON- At the time at which the President submits nominations for appointment to

the Commission, the President shall designate 1 of the nominees for appointment as Chairperson of the Commission.

(d) TERMS- The term of each member of the Commission shall expire on the termination of the Commission under subsection (l).

(e) MEETINGS- Each meeting of the Commission, other than a meeting in which classified information is to be discussed, shall be open to the public.

(f) VACANCIES- A vacancy in the Commission shall be filled in the same manner as the original appointment.

(g) PAY AND TRAVEL EXPENSES-

(1) BASIC PAY-

(A) MEMBERS- Each member of the Commission other than the Chairperson shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of duties of the Commission.

(B) CHAIRPERSON- The Chairperson of the Commission shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code.

(2) TRAVEL EXPENSES- A member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.

(h) DIRECTOR-

(1) IN GENERAL- The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a Director who--

(A) has not served as a civilian employee of the Department of Energy during the 2-year period preceding the date of appointment;

(B) has not been an employee of an energy laboratory of the Department of Energy during the 5-year period preceding the date of appointment; and

(C) has not been an employee of a contractor operating an energy laboratory of the Department of Energy during the 5-year period preceding the date of appointment.

(2) PAY- The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

(i) STAFF-

(1) APPOINTMENT BY DIRECTOR- Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel.

(2) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS- The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that a person so appointed may not receive pay in excess of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

(3) LIMITATIONS-

(A) DOE EMPLOYEES- Not more than one-third of the personnel employed by or detailed to the Commission shall be persons who were employed by the Department of Energy on the day before the date of enactment of this Act.

(B) LABORATORY EMPLOYEES- No employee of a nondefense laboratory or of any other energy laboratory of the Department of Energy or of a contractor that operates an energy laboratory of the Department of Energy may be detailed to the Commission.

(4) SUPPORT FROM OTHER AGENCIES- At the request of the Director, the head of a Federal agency may detail any of the personnel of the agency to the Commission to assist the Commission in carrying out its duties.

(5) SUPPORT FROM COMPTROLLER GENERAL- The Comptroller General of the United States shall provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission.

(j) OTHER AUTHORITY-

(1) TEMPORARY AND INTERMITTENT SERVICES- The Commission may procure by contract, to the extent that funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code.

(2) AUTHORITY TO LEASE SPACE AND ACQUIRE CERTAIN PROPERTY-

(A) IN GENERAL- The Commission may lease space and acquire personal property to the extent funds are available.

(B) RTC PROPERTIES- To the extent practicable, the Commission shall use suitable real property available under the most recent inventory of real property assets published by the Resolution Trust Corporation under section 21A(b)(11)(F) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(b)(11)(F)).

(k) FUNDING- There are authorized to be appropriated to the Commission such sums as are necessary to carry out its duties under this subtitle, to remain available until expended.

(l) TERMINATION- The Commission shall terminate on the date that is 45 days after the date on which the Commission submits a final report under section 204(f)(4).

SEC. 214. PROCEDURE FOR MAKING RECOMMENDATIONS FOR LABORATORY FACILITIES.

(a) SELECTION CRITERIA- In making a recommendation for the reconfiguration, transfer, or privatization of a nondefense energy laboratory or program at

a nondefense energy laboratory or of a basic science program, the Secretary or Administrator and the Commission shall--

(1) presume that a nondefense energy laboratory or basic science program should be closed unless the laboratory performs a function that is essential to the needs of the United States, particularly a national security need;

(2) take into account the recommendations made in the report entitled `Alternative Fixtures for the Department of Energy Laboratories', submitted to the Secretary of Energy in February 1995 (commonly known as the `Galvin Report');

(3) eliminate duplication of effort by nondefense energy laboratories and basic science programs and reduce overhead costs as a proportion of program benefits distributed through a nondefense energy laboratory or basic science program;

(4) seek to achieve cost savings for the overall budget for the nondefense energy laboratories and basic programs;

(5) define appropriate missions for each nondefense energy laboratory and basic science program and ensure that the activities of each such laboratory and basic science program are focused on its mission;

(6) consider the program costs and program distributions on a State and county basis, including real and personal property costs associated with each nondefense energy laboratory and basic science program considered;

(7) consider the number of participants in programs conducted through a nondefense energy laboratory and basic science program and staff resources engaged in those programs;

(8) estimate the cost savings and increases that would accrue through the reconfiguration of nondefense energy laboratories and basic science programs;

(9) consider the potential of each nondefense energy laboratory and basic science program to generate revenues or to offset costs; and

(10) consider the reconfiguration, transfer, or privatization of nondefense energy laboratories and basic science programs as an alternative to closure.

(b) RECOMMENDATIONS-

(1) PUBLICATION AND TRANSMITTAL- Not later than 90 days after the date of enactment of this Act, the Secretary or Administrator shall publish in the Federal Register and transmit to the congressional energy committees and the Commission a list of the nondefense energy laboratories and basic science programs that the Secretary or Administrator recommends for reconfiguration, transfer, and privatization, respectively.

(2) SUMMARY OF SELECTION PROCESS- The Secretary or Administrator shall include with the list under paragraph (1) a summary of the selection process that resulted in the recommendation for each nondefense energy laboratory and basic science program, including a justification for each recommendation.

(c) EQUAL CONSIDERATION OF LABORATORIES- In considering nondefense energy laboratories and basic science programs for reconfiguration, transfer, or privatization, the Secretary or Administrator shall consider all nondefense energy laboratories and basic science programs equally without regard to whether a nondefense energy laboratory or basic science program has been previously considered or proposed for reconfiguration, transfer, privatization, or closure by the Secretary of Energy.

(d) AVAILABILITY OF INFORMATION- The Secretary or Administrator shall make available to the Commission and the Comptroller General of the United States all information used by the Secretary or Administrator in making recommendations under this section.

(e) INDEPENDENT AUDIT-

(1) REQUEST FOR PROPOSALS- Not later than 30 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue a request for proposals for the performance of an audit under paragraph (3).

(2) SUBMISSION OF PROPOSALS- Proposals shall be due in response to the request for proposals under paragraph (1) on a date specified in the request for proposals, which shall be a date not later than 60 days after the date of enactment of this Act.

(3) CONTRACT- Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall enter into a contract with an independent financial consulting firm for an audit of the nondefense energy laboratories and basic science programs and their programs, facilities, and assets.

(4) ASSESSMENT OF COMMERCIAL POTENTIAL- The audit shall assess the commercial potential of the nondefense energy laboratories and their programs and of the basic science programs and make recommendations on how the Government could best realize that potential.

(5) SUBMISSION- The audit shall be completed and submitted to the Commission, the Secretary or Administrator and the congressional energy committees not later than 270 days after the date of enactment of this Act.

(f) REVIEW AND RECOMMENDATIONS BY THE COMMISSION-

(1) PUBLIC HEARINGS- After receiving the recommendations from the Secretary or Administrator under subsection (b), the Commission shall provide an opportunity for public comment on the recommendations for a 30-day period.

(2) INITIAL REPORT- Not later than 1 year after the date of enactment of this Act, the Commission shall publish in the Federal Register an initial report containing the Commission's findings and conclusions based on a review and analysis of the recommendations made by the Secretary or Administrator and the audit under subsection (e), including the Commission's recommendations for reconfiguration, privatization, or closure of each nondefense energy laboratory.

(3) DEVIATION FROM RECOMMENDATIONS-

(A) IN GENERAL- In making its recommendations, the Commission may make changes in any of the recommendations made by the Secretary or Administrator if the Commission determines that the Secretary or Administrator deviated substantially from the criteria described in subsection (a) in making recommendations.

(B) JUSTIFICATION- The Commission shall justify in the report any recommendation made by the Commission that is different from a recommendation made by the Secretary or Administrator.

(4) FINAL REPORT- After providing a 30-day period for public comment following publication of the initial report under paragraph (2), and after full consideration of such public comments, the Commission shall, not later than 15 months after the date of enactment of this Act, transmit to the Administrator and the congressional energy committees a final report containing the recommendations of the Commission.

(5) PROVISION OF CERTAIN INFORMATION- After transmitting the final report under paragraph (4), the Commission shall, promptly at the request of a member of Congress, provide the member information used by the Commission in making recommendations.

(g) ASSISTANCE FROM COMPTROLLER GENERAL- The Comptroller General of the United States shall--

(1) assist the Commission, to the extent requested, in the Commission's review and analysis of the recommendations made by the Secretary or Administrator pursuant to subsection (b); and

(2) not later than 30 days after the date of transmittal of the final report under section 204(f)(4), transmit to the congressional energy committees and to the Commission a report containing a detailed analysis of the recommendations of the Secretary or Administrator and the selection process.

SEC. 215. FAST TRACK CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.

(a) REFERRAL-

(1) HOUSE- A resolution of approval that is introduced in the House of Representatives shall be referred to the Committee on Armed Services and the Committee on Science of the House of Representatives.

(2) SENATE- A resolution of approval that is introduced in the Senate shall be referred to the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate.

(b) DISCHARGE- If the committee to which a resolution of approval is referred has not reported the resolution of approval by the end of the 20-day period beginning on the date on which the Commission transmits the report to Congress under section 204(f)(4), the committee shall, at the end of that period, be discharged from further consideration of the resolution of approval, and the resolution of approval shall be placed on the appropriate calendar of the House of Representatives or the Senate, as the case may be.

(c) CONSIDERATION-

(1) MOTION TO PROCEED TO CONSIDERATION-

(A) MOTION IN ORDER- On or after the third day after the date on which the committee to which a resolution of approval is referred has reported, or has been discharged (under subsection (b)) from further consideration of, the resolution of approval, it is in order (even though a previous motion to the same effect has been disagreed to) for any member of the House of Representatives or the Senate, respectively, to move to proceed to the consideration of the resolution of approval (but only on the date after the calendar day on which the member announces to the House of Congress concerned the member's intention to do so).

(B) WAIVER OF POINTS OF ORDER- All points of order against a resolution of approval (and against consideration of the resolution of approval) are waived.

(C) PRIVILEGE- A motion to proceed to the consideration of a resolution of approval is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable.

(D) NO AMENDMENT OR POSTPONEMENT- A motion described in subparagraph (C) is not subject to amendment, to a motion to postpone consideration of the resolution of approval, or to a motion to proceed to the consideration of other business.

(E) NO MOTION TO RECONSIDER- A motion to reconsider the vote by which a motion described in subparagraph (C) is agreed to or not agreed to shall not be in order.

(F) CONSIDERATION- If a motion described in subparagraph (C) is agreed to, the House of Representatives or the Senate, as the case may be, shall immediately proceed to consideration of the resolution of approval without intervening motion, order, or other business, and the resolution of approval shall remain the unfinished business of the House of Representatives or the Senate, as the case may be, until disposed of.

(2) DEBATE-

(A) TIME- Debate on a resolution of approval and on all debatable motions and appeals in connection with a resolution of approval shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution of approval.

(B) NO AMENDMENT- No amendment to a resolution of approval is in order, except an amendment that strikes a recommendation that a nondefense energy laboratory or basic science program be reconfigured, transferred, or privatized.

(C) MOTION TO LIMIT DEBATE- A motion further to limit debate on a resolution of approval is in order and not debatable.

(D) NO MOTION TO POSTPONE- A motion to postpone consideration of a resolution of approval, a motion to proceed to the consideration of other business, or a motion to recommit the resolution of approval is not in order.

(E) NO MOTION TO RECONSIDER- A motion to reconsider the vote by which a resolution of approval is agreed to or not agreed to is not in order.

(3) VOTE ON FINAL PASSAGE- Immediately following the conclusion of the debate on a resolution of approval and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the House of Representatives or the Senate, as the case may be, the vote on final passage of the resolution of approval shall occur.

(4) APPEALS FROM DECISION OF CHAIR- Appeals from the decisions of the Chair relating to the application of the rules of the House of Representatives or of the Senate, as the case may be, to the procedure relating to a resolution of approval shall be decided without debate.

(d) CONSIDERATION BY OTHER HOUSE-

(1) PROCEDURE- If, before the passage by one House of Congress of a resolution of approval that was introduced in that House, that House receives from the other House a resolution of approval--

(A) the resolution of approval of the other House shall not be referred to a committee and may not be considered in the House that receives it otherwise than on final passage under subparagraph (B)(ii); and

(B)(i) the procedure in the House that receives such a resolution of approval with respect to the resolution of approval that was introduced in that House shall be the same as if no resolution of approval had been received from the other House; but

(ii) the vote on final passage shall be on the resolution of approval of the other House.

(2) NO CONSIDERATION- On disposition of a resolution of approval that is received by one House from the other House, it shall no longer be in order to consider such a resolution of approval that was introduced in the receiving House.

(e) RULES OF THE HOUSE OF REPRESENTATIVES AND SENATE- This section is enacted by Congress--

(1) as an exercise of the rulemaking power of the House of Representatives and Senate, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution of approval, and it supersedes other rules only to the extent that it is inconsistent with those rules; and

(2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

SEC. 216. CLOSURE, RECONFIGURATION, TRANSFER, AND PRIVATIZATION OF ENERGY LABORATORIES.

Subject to subsection (b), the President shall--

(1) not later than 1 year after the date of the transmittal of the final report under section 204(f)(4), close all nondefense energy laboratories and basic science programs except those that the Commission report recommends for reconfiguration, transfer, or privatization;

(2) not later than 1 year after the date of the transmittal of the final report under section 204(f)(4), close all nondefense energy laboratories and basic science programs that the Commission report recommends for reconfiguration or transfer, unless Congress has enacted a resolution of approval approving a reconfiguration or transfer, in which case the President shall effect the reconfiguration or transfer not later than 180 days after the date of the resolution of approval; and

(3) not later than 18 months after the date of the transmittal of the final report under section 204(f)(4), close all nondefense energy laboratories and basic science programs that the Commission report recommends for privatization, unless Congress has enacted a resolution of approval approving the privatization, in which case the President shall effect the privatization not later than 180 days after the date of the resolution of approval.

SEC. 217. IMPLEMENTATION OF CLOSURE, RECONFIGURATION, TRANSFER, AND PRIVATIZATION ACTIONS.

(a) IMPLEMENTATION-

(1) IN GENERAL- In closing, reconfiguring, transferring, or privatizing a nondefense energy laboratory or basic science program under this title, the President shall--

(A) take such actions as are necessary to close, reconfigure, transfer, or privatize the nondefense energy laboratory or basic science program;

(B) take such steps as are necessary to ensure the safekeeping of all records stored at the nondefense energy laboratory or basic science program; and

(C) direct the reimbursement of Federal agencies for actions performed at the request of the President with respect to any such closure, reconfiguration, transfer, or privatization using funds in the Account or funds appropriated to the Department of Energy and available for that purpose.

(2) FUNDING- In carrying out activities referred to in paragraph (1), the Secretary or Administrator may use funds in the Energy Laboratory Facility Closure Account established under section 218(a) or funds appropriated to the Department of Energy or the Agency and available for the purpose.

(b) MANAGEMENT AND DISPOSAL OF PROPERTY-

(1) IN GENERAL- The Administrator of General Services shall delegate to the Secretary or Administrator, with respect to excess and surplus real

property and facilities located at a nondefense energy laboratory or basic science program that is closed, reconfigured, transferred, or privatized under this title, authority--

(A) to utilize excess property under section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483);

(B) to dispose of surplus property under section 203 of that Act (40 U.S.C. 484); and

(C) to determine the availability of excess or surplus real property for wildlife conservation purposes in accordance with the Act of May 19, 1948 (16 U.S.C. 667b).

(2) EXERCISE OF AUTHORITY-

(A) IN GENERAL- Subject to subparagraph (C), the Secretary or Administrator shall exercise the authority delegated to the Secretary or Administrator under paragraph (1) in accordance with all regulations in effect on the date of enactment of this Act governing the utilization of excess property and the disposal of surplus property under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).

(B) REGULATIONS- The Secretary or Administrator, after consulting with the Administrator of General Services, may issue regulations that are necessary to carry out the delegation of authority under paragraph (1).

(C) LIMITATION- The authority required to be delegated by paragraph (1) to the Secretary or Administrator by the Administrator of General Services does not include the authority to prescribe general policies and methods for utilizing excess property and disposing of surplus property.

(c) WAIVER- The President may close, reconfigure, transfer, or privatize a nondefense energy laboratory or basic science program under this subtitle without regard to any law restricting the use of funds for reconfiguring, transferring, privatizing, or closing energy laboratories or basic science programs included in any appropriations or authorization Act.

SEC. 218. ACCOUNT.

(a) ESTABLISHMENT- There is established in the Treasury of the United States an account to be known as the `Energy Laboratory Facility Closure Account', which shall be administered by the Secretary or Administrator as a single account.

(b) CONTENT OF ACCOUNT- There shall be deposited in the Account--

(1) funds authorized for and appropriated to the Account; and

(2) any funds that the President or the Secretary or Administrator may, subject to approval in an appropriation Act, transfer to the Account from funds appropriated to the Department of Energy for any purpose, except that such funds may be transferred only after the date on which the President or the Secretary or Administrator transmits written notice of, and justification for, such transfer to the congressional energy committees.

(c) USE OF FUNDS- The President or the Secretary or Administrator may use the funds in the Account only for the purposes described in section 217(a).

(d) REPORTS-

(1) IN GENERAL- Not later than 60 days after the end of each fiscal year in which the President or the Secretary or Administrator carries out activities under this title, the President or the Secretary or Administrator shall transmit a report to the congressional energy committees of the amount and nature of the deposits into, and the expenditures from, the Account during the fiscal year and of the amount and nature of other expenditures made pursuant to section 204(a) during such fiscal year.

(2) UNOBLIGATED FUNDS- Unobligated funds shall be held in the Account until transferred by law.

SEC. 219. REPORTS ON IMPLEMENTATION.

As part of the budget request for each fiscal year in which the President or the Secretary or Administrator is authorized to carry out activities under this subtitle, the President shall transmit to the congressional energy committees--

(1) a schedule of the closure, reconfiguration, transfer, and privatization actions to be carried out under this subtitle in the fiscal year for which the request is made and an estimate of the total expenditures required and cost savings to be achieved by each such closure, reconfiguration, transfer, and privatization and of the time period in which the savings are to be achieved in each case; and

(2) a description of the energy laboratories to which functions are to be transferred as a result of such closures, reconfigurations, transfers, and privatizations.

TITLE III--POWER MARKETING ADMINISTRATIONS

SEC. 301. FINDINGS.

Congress finds that--

(1) the Federal power marketing administrations have served over the years to help bring electricity to many areas of the Nation;

(2) the receipt of transmission access by all parties resulting from the amendments to section 212 of the Federal Power Act (16 U.S.C. 824k) made by section 722 of the Energy Policy Act of 1992 (106 Stat. 2916) allows wholesale customers to purchase power from numerous sources;

(3) in fairness to longtime consumers of the power marketing administrations, any changes to the current operations of the power marketing administrations should consider the impact on those customers and provide an opportunity for those customers to contribute their expertise in the process.

SEC. 302. DEFINITIONS.

In this title, the term `power marketing administration' means--

(1) the Bonneville Power Administration;

(2) the Southeastern Power Administration;

(3) the Southwestern Power Administration; and

(4) the Western Area Power Administration.

SEC. 303. TRANSFER TO ARMY CORPS OF ENGINEERS.

(a) TRANSFER OF FUNCTIONS- There are transferred to the Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers, all of the functions of--

(1) the Administrator of the Bonneville Power Administration;

(2) the Administrator of the Southeastern Power Administration;

(3) the Administrator of the Southwestern Power Administration; and

(4) the Administrator of the Western Area Power Administration.

(b) STUDY AND RECOMMENDATIONS BY THE COMPTROLLER GENERAL- Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall--

(1) perform a study of each power marketing administration that recognizes the uniqueness of each power marketing administration; and

(2) submit to Congress a comprehensive report that--

(A) catalogues the assets and liabilities of each power marketing administration, including any unrealized obligations to contribute funds or deliver electric power for purposes established under law in effect on the date of enactment of this Act;

(B) considers all reasonable options for restructuring of the power marketing administrations;

(C) considers how best to protect the economic interests of current customers of the power marketing administrations while protecting the taxpayers; and

(D) makes recommendations to Congress for the final disposition of the power marketing administrations.

(c) CURRENT CUSTOMER CONTRACTS- It is the intent of Congress that--

(1) under any final disposition of the power marketing administration that Congress may approve, any purchaser of facilities shall be required to maintain any contracts with customers that, as of the effective date, are in force for the remaining life of the contracts; and

(2) any sales of facilities shall be effectuated in a manner that minimizes the impact on the ultimate ratepayers.

TITLE IV--TRANSFER AND DISPOSAL OF RESERVES

Subtitle A--Strategic Petroleum Reserve

SEC. 401. STRATEGIC PETROLEUM RESERVE.

(a) DEFINITION- In this section, the term `Strategic Petroleum Reserve' means petroleum products stored in storage facilities pursuant to part B of title I of the Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.), including the Industrial Petroleum Reserve, the Early Storage Reserve, and the Regional Petroleum Reserve.

(b) TRANSFER OF FUNCTIONS- There are transferred to the Secretary of Defense all functions performed by the Secretary of Energy with respect to the Strategic Petroleum Reserve on the date before the date of the enactment of this Act.

(c) PLAN FOR DISPOSAL OF RESERVE-

(1) SUBMISSION TO CONGRESS- Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a plan for the disposal of the Strategic Petroleum Reserve (other than the portions of the reserve that the Secretary proposes to retain in order to meet the national security interests of the United States).

(2) DEADLINE- The plan under paragraph (1) shall provide for the disposal of the reserve not later than 3 years after the date of the enactment of this Act.

(3) CONTENTS- The plan shall contain--

(A) an assessment of the volume of petroleum products in the Strategic Petroleum Reserve (other than the reserves held at Weeks Island, Louisiana) that the Secretary of Defense proposes to retain in order to meet the national security interests of the United States;

(B) a list of the storage facilities (including the storage facilities of the Strategic Petroleum Reserve, if appropriate) at which such petroleum products will be retained, and the volume of petroleum products that will be retained at each storage facility;

(C) a proposal for the disposal of the petroleum products in the Strategic Petroleum Reserve on the date of enactment of this Act that will not be retained, including a detailed schedule for the disposal of such petroleum products; and

(D) a plan for the disposal of the reserves held at Weeks Island, Louisiana.

(d) GAO REPORT- Not later than 90 days after the date on which the Secretary of Defense submits the plan under subsection (c), the Comptroller General of the United States shall submit to Congress a study that--

(1) examines whether the plan provides for the disposal of any portions of the Strategic Petroleum Reserve that may be needed to be retained in order to ensure that the national security interests of the United States are met; and

(2) sets forth the costs of retaining portions of the Strategic Petroleum Reserve that should be retained.

(e) IMPLEMENTATION OF PLAN- The Secretary shall carry out the plan under subsection (c) not later than 3 years after the date of enactment of this Act.

Subtitle B--Naval Petroleum Reserves

SEC. 411. NAVAL PETROLEUM RESERVES.

(a) DEFINITION- For purposes of this section, the term `naval petroleum reserves' has the meaning given that term in section 7420 of title 10, United States Code,

except that the term does not include Naval Petroleum Reserve Numbered 1 (Elk Hills).

(b) TRANSFER OF FUNCTIONS- There are transferred to the Administrator of the Energy Programs Resolution Agency all functions performed with respect to the naval petroleum reserves.

(c) DISPOSAL OF RESERVES-

(1) DISPOSAL WITHIN 1 YEAR- The Administrator shall, to the maximum extent practicable, take appropriate actions to carry out the disposal of the reserves of the naval petroleum reserves not later than 1 year after the date of enactment of this Act.

(2) JOINT PLAN- The Administrator shall carry out the disposal in accordance with a plan jointly developed by the Administrator, the Secretary of the Interior, and the Secretary of the Army.

(d) TRANSFER OF REMAINING RESERVES- At the end of the 1-year period beginning on the date of enactment of this Act, the Administrator shall transfer to the Secretary of the Interior all functions performed by the Administrator with respect to the portions of the naval petroleum reserves that are not disposed of by the Administrator under subsection (c) during that period.

(e) CONFORMING AMENDMENTS- (1)(A) Chapter 641 of title 10, United States Code, is repealed.

(B) The table of chapters at the beginning of subtitle C of title 10, United States Code, and at the beginning of part IV of that subtitle, are each amended by striking the item relating to chapter 641.

(2) The amendments made by paragraph (1) shall take effect 1 year after the date of enactment of this Act.

TITLE V--NATIONAL SECURITY AND ENVIRONMENTAL MANAGEMENT PROGRAMS

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

(a) ESTABLISHMENT OF DEFENSE NUCLEAR PROGRAMS ADMINISTRATION-

(1) DEFINITION- In this subsection, the term `defense nuclear programs matters' means matters related to the military use of nuclear energy and nuclear weapons, including all such matters that were under the jurisdiction of the following entities on the day before the date of enactment of this Act:

(A) The Department of Energy.

(B) The Defense Threat Reduction Agency of the Department of Defense.

(C) The Defense Nuclear Facilities Safety Board.

(2) ESTABLISHMENT- There is established in the Department of Defense an agency to be known as the `Defense Nuclear Programs Administration' (referred to in this title as the `Administration'), which shall have primary responsibility within the Government for defense nuclear program matters.

(b) UNDER SECRETARY- Chapter 4 of title 10, United States Code, is amended by inserting after section 133a the following:

`Sec. 133b. Under Secretary of Defense for Defense Nuclear Programs

`(a) IN GENERAL- There is an Under Secretary of Defense for Defense Nuclear Programs, appointed from civilian life by the President, by and with the advice and consent of the Senate.

`(b) FUNCTION AS PRINCIPAL ADVISER- The Under Secretary of Defense for Defense Nuclear Programs shall serve as the principal adviser to the President and the Secretary of Defense on all programs and matters related to the military use of nuclear energy and nuclear weapons.

`(c) DUTIES- Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Defense Nuclear Programs shall have primary responsibility within the Government for the programs and matters referred to in subsection (b).

`(d) PRECEDENCE- The Under Secretary of Defense for Defense Nuclear Programs takes precedence in the Department of Defense after the Under Secretary of Defense for Acquisition and Technology.'.

(c) DEPUTY UNDER SECRETARY- Chapter 4 of title 10, United States Code, as amended by subsection (b), is amended by inserting after section 133b the following:

`Sec. 133c. Deputy Under Secretary of Defense for Defense Nuclear Programs

`(a) IN GENERAL- There is a Deputy Under Secretary of Defense for Defense Nuclear Programs, appointed from civilian life by the President, by and with the advice and consent of the Senate.

`(b) DUTIES- The Deputy Under Secretary shall assist the Under Secretary of Defense for Defense Nuclear Programs in the performance of his duties. The Deputy Under Secretary of Defense for Defense Nuclear Programs shall act for, and exercise the powers of, the Under Secretary when the Under Secretary is absent or disabled.'.

(d) ASSISTANT SECRETARIES- Section 138 of title 10, United States Code, is amended--

(1) in subsection (a), by striking `eleven' and inserting `fifteen'; and

(2) by adding at the end of subsection (c) the following:

`(6) ASSISTANT SECRETARY FOR DEFENSE NUCLEAR WEAPONS FACILITIES- One of the Assistant Secretaries shall be the Assistant Secretary for Defense Nuclear Weapons Facilities Restoration, who shall have the principal duty of providing overall supervision of environmental restoration of defense nuclear weapons facilities.

`(7) ASSISTANT SECRETARY FOR DEFENSE NUCLEAR LABORATORIES- One of the Assistant Secretaries shall be the Assistant Secretary for Defense Nuclear Laboratories, who shall have the principal duty of providing overall supervision of the oversight of the functions and budgets of the Sandia National Laboratories, the Los Alamos National Laboratory, and the Lawrence Livermore National Laboratory.'.

(e) INSPECTOR GENERAL-

(1) IN 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).

(2) DUTIES- The Inspector General shall perform the duties, have the responsibilities, and exercise the powers specified in the Inspector General Act of 1978 (5 U.S.C. App. 3).

(f) GENERAL COUNSEL-

(1) IN GENERAL- There shall be a General Counsel of the Administration, who shall be appointed by the Under Secretary of Defense for Defense Nuclear Programs.

(2) DUTIES- The General Counsel shall be the chief legal officer for all legal matters arising from the conduct of the functions of the Administration.

(g) CONFORMING AMENDMENTS- (1) Section 134(c) of title 10, United States Code, is amended by inserting `the Under Secretary of Defense for Defense Nuclear Programs,' after `the Under Secretary of Defense for Acquisition and Technology,'.

(2) The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended by inserting after the item relating to section 133a the following:

`133b. Under Secretary of Defense for Defense Nuclear Programs.

`133c. Deputy Under Secretary of Defense for Defense Nuclear Programs.'.

SEC. 502. FUNCTIONS OF DEFENSE NUCLEAR PROGRAMS ADMINISTRATION.

(a) IN GENERAL- The Under Secretary for Defense Nuclear Programs shall be responsible for the exercise of all powers and the discharge of all duties of the Defense Nuclear Programs Administration.

(b) TRANSFERRED FUNCTIONS- The Under Secretary for Defense Nuclear Programs shall carry out all functions transferred to the Under Secretary under section 503.

(c) STAFF DIRECTOR OF NUCLEAR WEAPONS COUNCIL- Section 179(c) of title 10, United States Code, is amended by striking paragraph (2) and inserting the following:

`(2) The Under Secretary for Defense Nuclear Programs shall be the Staff Director of the Council.'.

SEC. 503. TRANSFERS OF FUNCTIONS.

(a) DEPARTMENT OF ENERGY-

(1) NATIONAL SECURITY FUNCTIONS- There are transferred to the Under Secretary for Defense Nuclear Programs all functions performed by the Department of Energy on the day before the date of enactment of this Act relating to the national security functions of the Department, including defense, nonproliferation, and defense-related environmental management programs.

(2) OVERSIGHT FUNCTIONS- There are transferred to the Under Secretary for Defense Nuclear Programs all functions performed by the Department of Energy on the day before the date of enactment of this Act relating to the oversight of the defense and nondefense functions and budgets of the following energy laboratories:

(A) Sandia National Laboratories, Albuquerque, New Mexico, and Livermore, California.

(B) Los Alamos National Laboratory, Los Alamos, New Mexico.

(C) Lawrence Livermore National Laboratory, California.

(b) DEFENSE NUCLEAR AGENCY- There are transferred to the Under Secretary for Defense Nuclear Programs all functions performed by the Defense Nuclear Agency of the Department of Defense on the day before the date of enactment of this Act relating to nuclear weapons systems.

(c) DEFENSE NUCLEAR FACILITIES SAFETY BOARD- There are transferred to the Under Secretary for Defense Nuclear Programs all functions performed by the Defense Nuclear Facilities Safety Board on the day before the date of enactment of this Act.

(d) OTHER NUCLEAR WEAPONS-RELATED FUNCTIONS- The Secretary of Defense may transfer to the Under Secretary for Defense Nuclear Programs such other functions performed in the Department of Defense on the day before the date of enactment of this Act relating to nuclear weapons as the Secretary considers appropriate.

(e) CONFORMING REPEALS-

(1) ASSISTANT TO THE SECRETARY OF DEFENSE FOR ATOMIC ENERGY- (A) Section 141 of title 10, United States Code, is repealed.

(B) The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended by striking the item relating to section 141.

(2) DEFENSE NUCLEAR FACILITIES SAFETY BOARD- Chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286) is repealed.

(3) REFERENCES- Any reference to the Assistant Secretary of Defense for Atomic Energy or the Defense Nuclear Facilities Safety Board in any law or in any rule, regulation, or other paper of the United States shall be treated as a reference to the Under Secretary for Defense Nuclear Programs.

SEC. 504. LIMITATION ON TRANSFERS OF FUNDS.

(a) APPROPRIATIONS TO THE DEFENSE NUCLEAR PROGRAMS ADMINISTRATION- No amount appropriated to the Defense Nuclear Programs Administration may be transferred to any other account (other than another account of the Defense Nuclear Programs Administration) unless the transfer of such amount to such account is specifically authorized by law.

(b) OTHER APPROPRIATIONS- No amount appropriated to the Department of Defense or another department or agency may be transferred to the Under Secretary for Defense Nuclear Programs or to an account for the Administration unless the transfer of the amount to that account is specifically authorized by law.

SEC. 505. TRANSITION PROVISIONS.

(a) EXERCISE OF AUTHORITIES- Except as otherwise provided by law, the Under Secretary for Defense Nuclear Programs may, for purposes of performing a function that is transferred to the Under Secretary by this Act, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of that function on the day before the date of enactment of this Act.

(b) AUTHORITIES TO WIND UP AFFAIRS-

(1) IN GENERAL-

(A) DIRECTOR OF OMB- The Director of the Office of Management and Budget may take such actions as the Director considers necessary to wind up any outstanding affairs of--

(i) the Department of Energy associated with the functions that are transferred under to section 503(a); and

(ii) the Defense Nuclear Facilities Safety Board.

(B) SECRETARY OF DEFENSE- The Secretary of Defense may take such actions as the Secretary considers necessary to wind up any outstanding affairs of the Defense Nuclear Agency associated with the functions that are transferred under section 503(b), any outstanding affairs of the Department of Defense associated with any functions that may be transferred under section 503(d), and any outstanding affairs of the Assistant to the Secretary of Defense for Atomic Energy.

(C) SECRETARY OF THE NAVY- The Secretary of the Navy may take such actions as the Secretary considers necessary to wind up any outstanding affairs of the Strategic Systems Programs of the Department of the Navy associated with the functions that are transferred under section 503(c).

(2) TRANSFER OF ASSETS- So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to the Under Secretary for Defense Nuclear Programs by this Act are transferred to the Under Secretary for use in connection with the functions transferred.

(3) FURTHER MEASURES AND DISPOSITIONS- Such further measures and dispositions as the President considers necessary to effectuate the transfers referred to under section 503(b) shall be carried out in such manner as the President directs and by the heads of such agencies as the President designates.

SEC. 506. TECHNICAL AND CONFORMING AMENDMENTS.

(a) INSPECTOR GENERAL ACT OF 1978- Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--

(1) in paragraph (1), by inserting after `International Development,' the following: `the Defense Nuclear Programs Administration,'; and

(2) in paragraph (2), by striking `or the Social Security Administration;' and inserting in lieu thereof `the Social Security Administration, or the Defense Nuclear Programs Administration;'.

(b) EXECUTIVE SCHEDULE- (1) Section 5313 of title 5, United States Code, is amended by inserting after the item relating to the Under Secretary of Defense for Acquisition and Technology the following:

`Under Secretary of Defense for Defense Nuclear Programs.'.

(2) Section 5314 of title 5, United States Code, is amended by inserting after the item relating to the Deputy Under Secretary of Defense for Acquisition and Technology the following:

`Deputy Under Secretary of Defense for Defense Nuclear Programs.'.

(3) Section 5315 of title 5, United States Code, is amended by striking out the item relating to the Assistant Secretaries of Defense and inserting in lieu thereof the following:

`Assistant Secretaries of Defense (15).'.

(4) Section 5316 of title 5, United States Code, is amended by inserting after the item relating to the Deputy General Counsel of the Department of Defense the following:

`General Counsel of the Defense Nuclear Programs Administration.'.

SEC. 507. EFFECTIVE DATE AND TRANSITION PERIOD.

(a) EFFECTIVE DATE- Except as provided in subsection (b), this title shall take effect on the date of enactment of this Act.

(b) DELAYED EFFECTIVE DATE FOR ESTABLISHMENT OF ADMINISTRATION AND TRANSFERS OF FUNCTIONS- Section 501(a) and section 503 shall take effect on the date that is one year after the date of enactment of this Act.

(c) TRANSITION PERIOD- The Secretary of Defense, the Secretary of Energy, the Assistant to the Secretary of Defense for Atomic Energy, and the Defense Nuclear Facilities Safety Board shall, beginning as soon as practicable after the date of enactment of this Act, plan for the orderly establishment of, and transfer of functions to, the Defense Nuclear Programs Administration under this Act.

(d) APPOINTMENT AUTHORITY- The President may make appointments under section 501 notwithstanding the delayed effective date under subsection (b) for the establishment of the Defense Nuclear Programs Administration.

TITLE VI--ENVIRONMENTAL RESTORATION ACTIVITIES AT DEFENSE NUCLEAR FACILITIES

SEC. 601. ENVIRONMENTAL RESTORATION ACTIVITIES AT DEFENSE NUCLEAR FACILITIES.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following:

`TITLE V--ENVIRONMENTAL RESTORATION ACTIVITIES AT DEFENSE NUCLEAR FACILITIES

`Subtitle A--General Provisions

`SEC. 501. APPLICABILITY.

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

`SEC. 502. DEFINITIONS.

`In this title:

`(1) DEFENSE NUCLEAR FACILITY- The term `defense nuclear facility' means--

`(A) a production facility or utilization facility (as those terms are defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C.

2014)) that is under the control or jurisdiction of the Under Secretary of Defense for Defense Nuclear Programs and that is operated for national security purposes (including the tritium loading facility at Savannah River, South Carolina, the 236 H facility at Savannah River, South Carolina, and the Mound Laboratory, Ohio), but the term does not include any facility that does not conduct atomic energy defense activities and does not include any facility or activity covered by Executive Order Number 12344, dated February 1, 1982, pertaining to the naval nuclear propulsion program;

`(B) a nuclear waste storage or disposal facility that is under the control or jurisdiction of the Under Secretary of Defense for Defense Nuclear Programs;

`(C) a testing and assembly facility that is under the control or jurisdiction of the Under Secretary of Defense for Defense Nuclear Programs and that is operated for national security purposes (including the Nevada Test Site, Nevada, the Pinnellas Plant, Florida, and the Pantex facility, Texas);

`(D) an atomic weapons research facility that is under the control or jurisdiction of the Under Secretary of Defense for Defense Nuclear Programs (including the Lawrence Livermore, Los Alamos, and Sandia National Laboratories); and

`(E) a facility described in subparagraphs (A) through (D) that--

`(i) is no longer in operation;

`(ii) was under the control or jurisdiction of the Department of Defense, the Atomic Energy Commission, the Energy Research and Development Administration, or the Department of Energy; and

`(iii) was operated for national security purposes.

`(2) UNDER SECRETARY- The term `Under Secretary' means the Under Secretary of Defense for Defense Nuclear Programs.

`Subtitle B--Selection of Remedial Action

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

`(a) IN GENERAL- Not later than 1 year after the date of enactment of this title, the Under Secretary shall review each remedial action described in subsection (d) for purposes of determining whether the remedial action was selected in a manner consistent with the requirements of this subtitle.

`(b) MODIFICATION OF REMEDIAL ACTIONS- If the Under Secretary determines the selection was not consistent with the requirements of this subtitle, the Under Secretary shall modify the remedial action in a manner consistent with the requirements of this subtitle.

`(c) MINIMIZATION OF DELAYS- The Under Secretary shall, to the maximum extent practicable, ensure the minimization of any delays in the performance of remedial action that result from the Under Secretary's activities under subsection (a).

`(d) APPLICATION OF SECTION- This section applies to any remedial action at a defense nuclear facility--

`(1) that is being performed as of the date of enactment of this title, including a facility for which construction is ongoing or has been completed as of that date; or

`(2) for which construction is planned but has not yet commenced as of such date of enactment.

`SEC. 512. SELECTION OF REMEDIAL ACTION.

`(a) IN GENERAL- The Under Secretary shall select a remedial action for a defense nuclear facility based on consideration of a site-specific risk assessment conducted in accordance with section 513 and an analysis of risk reduction benefits and costs conducted in accordance with section 514.

`(b) REQUIREMENT FOR LOWEST COST ACTION- In selecting a remedial action, the Under Secretary shall select the lowest cost action which achieves a residual risk that is within the risk range goal established by the National Contingency Plan for protection of public health and the environment, unless--

`(1) the incremental benefits of a more expensive remedial action justify incurring the incremental costs of the more expensive remedy, as set forth in the analysis of risk reductions cost and benefits for the remedial action under section 514, in which case a more expensive remedy may be selected; or

`(2) the benefits of the lowest cost remedy which achieves a residual risk level within the risk range goal are not reasonably related to the costs of such remedy, in which case a less expensive remedy may be selected.

`(c) CONSULTATION-

`(1) IN GENERAL- Before selection of a remedial action and before public comment under subsection (d), the Under Secretary shall consult with the Administrator, officials of State, local, or tribal governments having jurisdiction over the property or, in the case of property which is exclusively under Federal jurisdiction, having jurisdiction over the surrounding areas.

`(2) MATTERS TO BE ADDRESSED- Consultation under paragraph (1) shall include discussion of, at a minimum, current area demographics, land and water uses, and currently planned land and water uses, the determination of which shall remain the sole purview of the appropriate State, local, or tribal government with jurisdiction.

`(d) PUBLIC COMMENT- Before selection of a remedial action, the Under Secretary shall provide a period of not less than 30 days for public comment on the remedial action.

`(e) CERTIFICATION- When selecting a remedial action, the Under Secretary shall certify that--

`(1) the analysis of risk reduction benefits and costs for the remedial action under section 514 is based on objective and unbiased scientific and economic evaluations of all significant and relevant information and on risk assessments provided to the Under Secretary by interested parties relating to the

costs, risks, and risk reduction and other benefits of the remedial action selected;

`(2) the incremental risk reduction or other benefits of the remedial action will be likely to justify, and be reasonably related to, the incremental costs incurred by the Federal Government, by State, local, and tribal governments, and other public and private entities; and

`(3) alternative remedial actions identified or considered by the Under Secretary were found to be less cost-effective at achieving a substantially equivalent reduction in risk.

`(f) ADMINISTRATIVE RECORD- All documents considered by the Under Secretary shall be made part of the administrative record for purposes of judicial review.

`SEC. 513. SITE-SPECIFIC RISK ASSESSMENT.

`(a) IN GENERAL- A site-specific risk assessment shall be performed in accordance with this section before the selection of a remedial action at a defense nuclear facility.

`(b) PRINCIPLES-

`(1) IN GENERAL- The Under Secretary shall apply the principles described in paragraph (3) to ensure that a site-specific risk assessment--

`(A) distinguishes scientific findings from other considerations;

`(B) is, to the extent feasible, scientifically objective, unbiased, and inclusive of all relevant data; and

`(C) relies, to the extent available and practicable, on factual site-specific data.

`(2) NO REPETITION- Discussions or explanations required under this section need not be repeated in each risk assessment document if there is a reference to the relevant discussions or explanation in another agency document that is available to the public.

`(3) PRINCIPLES- The principles to be applied in conducting a site-specific risk assessment are as follows:

`(A) HUMAN HEALTH RISKS-

`(i) IN GENERAL- In connection with a discussion of human health risks, a site-specific risk assessment shall contain a discussion of both relevant laboratory and relevant epidemiologic data of sufficient quality which finds, or fails to find, a correlation between health risks and a potential toxin or activity.

`(ii) CONFLICTS- If conflicts among those data appear to exist or animal data are used as a basis to assess human health, the site-specific risk assessment shall, to the extent feasible and appropriate, include discussion of possible reconciliation of conflicting information, and, as relevant, differences in study designs, comparative physiology, routes of exposure, bioavailability, pharmacokinetics, and any other relevant factor, including the sufficiency of basic data for review.

`(iii) RECONCILIATION- The discussion of possible reconciliation should indicate whether there is a biological basis to assume a resulting harm in humans.

`(iv) ANIMAL DATA- Animal data shall be reviewed with regard to its relevancy to humans.

`(B) DEFAULT VALUE, ASSUMPTION, INFERENCE, OR MODEL- If a site-specific risk assessment involves selection of any significant default value, assumption, inference, or model, the risk assessment document shall, to the extent feasible--

`(i) present a representative list and explanation of plausible and alternative assumptions, inferences, or models;

`(ii) explain the basis for any choices;

`(iii) identify any policy or value judgments;

`(iv) fully describe any model used in the risk assessment and make explicit the assumptions incorporated in the model; and

`(v) indicate the extent to which any significant model has been validated by, or conflicts with, empirical data.

`(C) RISK CHARACTERIZATION AND COMMUNICATION- The site-specific risk assessment shall meet each of the following requirements regarding risk characterization and communication:

`(i) RISK CHARACTERIZATION-

`(I) DESCRIPTION OF POPULATIONS- The risk characterization shall describe the populations or natural resources that are the subject of the risk characterization.

`(II) NUMERICAL ESTIMATES- If a numerical estimate of risk is provided, the Under Secretary shall, to the extent feasible, provide--

`(aa) the best estimate or estimates for the specific populations or natural resources which are the subject to the characterization (based on the information available to the Under Secretary); and

`(bb) a statement of the reasonable range of scientific uncertainties.

`(III) OTHER ESTIMATES- In addition to best estimate or estimates under subclause (I)(aa), the risk characterization document may present plausible upper-bound or conservative estimates in conjunction with plausible lower-bound estimates.

`(IV) MULTIPLE BEST ESTIMATES- If appropriate, the risk characterization document may present, in lieu of a single best estimate, multiple

best estimates based on assumptions, inferences, or models which are equally plausible, given current scientific understanding.

`(V) DISTRIBUTION AND PROBABILITY OF RISK- To the extent practicable and appropriate, the risk characterization document shall provide descriptions of the distribution and probability of risk estimates to reflect differences in exposure variability or sensitivity in populations and attendance uncertainties.

`(VI) SUBPOPULATIONS- Sensitive subpopulations or highly exposed subpopulations include, to the extent relevant and appropriate, children, the elderly, pregnant women, and disabled persons.

`(ii) EXPOSURE SCENARIOS-

`(I) IN GENERAL- Exposure scenarios shall be based on actual exposure pathways and currently planned future land and water uses as established by any local governmental authorities with jurisdiction over the property and shall consider the availability of alternative water supplies.

`(II) SIZE OF POPULATION AT RISK- To the extent feasible, the site-specific risk assessment shall include a statement of the size of the population at risk under any proposed exposure scenario and the likelihood of such scenario.

`(III) EXPOSURE PATHWAYS- Exposure scenarios shall explicitly identify any exposure scenarios that result in plausible completed exposure pathways.

`(iii) MAGNITUDE OF RISKS-

`(I) IN GENERAL- A site-specific risk assessment shall contain a statement that places the magnitude of risks to human health, safety, or the environment in context.

`(II) COMPARISONS WITH OTHER RISKS- A statement under subclause (I) shall, to the extent feasible, provide comparisons with estimates of greater, lesser, and substantially equivalent risks that are familiar to and routinely encountered by the general public as well as other risks, and to the extent appropriate and meaningful, comparisons of those risks with other similar risks regulated by the Under Secretary resulting from comparable activities and exposure pathways.

`(III) DISTINCTIONS AMONG RISKS- In formulating comparisons under subclause (II), the Under Secretary should consider relevant distinctions among risks, such as the voluntary or involuntary nature of risks and the preventability or nonpreventability of risks.

`(iv) RISKS TO HUMAN HEALTH- Each site-specific risk assessment shall include a statement of any significant substitution risks to human health, if information on such risks has been provided to the Under Secretary.

`(v) RISK ASSESSMENTS BY COMMENTERS-

`(I) IN GENERAL- If a commenter provides the Under Secretary with a relevant risk assessment and a summary of the risk assessment in a timely fashion and the risk assessment is consistent with the principles and the guidance provided under this section, the Under Secretary shall, to the extent feasible, present the summary in connection with the presentation of the site-specific risk assessment.

`(II) RULE OF CONSTRUCTION- Nothing in subclause (I) shall be construed to limit the inclusion of any comments or material supplied by any person to the administrative record of any proceeding.

`(D) INCORPORATION BY REFERENCE- A site-specific risk assessment may satisfy the requirements of subparagraph (C) (iii), (iv), or (v) by reference to information or material otherwise available to the public if the document

provides a brief summary of the information or material.

`SEC. 514. ANALYSIS OF RISK REDUCTION BENEFITS AND COSTS.

`(a) IN GENERAL- The Under Secretary shall prepare an analysis of risk reduction benefits and costs in accordance with this section before the selection of a remedial action at a defense nuclear facility.

`(b) CONTENTS OF ANALYSIS- An analysis of risk reduction benefits and costs for a remedial action shall contain--

`(1) an identification of reasonable alternative strategies, including strategies that are proposed during a public comment period;

`(2) an analysis of the incremental costs and incremental risk reduction or other benefits associated with each alternative remedial action identified or considered, which costs and benefits shall be quantified to the extent feasible and appropriate and may otherwise be qualitatively described;

`(3) a statement that places in context the nature and magnitude of the risks to be addressed and the residual risks likely to remain for each alternative strategy identified or considered by the Under Secretary, which statement shall, to the extent feasible, provide comparisons with estimates of greater, lesser, and substantially equivalent risks that are familiar to and routinely encountered by the general public as well as other risks and, to the extent appropriate and meaningful, comparisons of those risks with other similar risks regulated by the Federal Government resulting from comparable activities and exposure pathways, and which comparisons should reflect consideration of relevant distinctions among risks, such as the voluntary or involuntary nature of risks and the preventability or nonpreventability of risks; and

`(4) an analysis of whether the identified benefits of the remedial action are likely to exceed the identified costs of the remedial action.'.

SEC. 602. CONFORMING AMENDMENT.

Section 120(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(a)(3)) is amended by inserting after the second sentence the following: `This subsection shall not apply to the extent otherwise provided in title IV with respect to selection of remedial actions at defense nuclear facilities.'.

SEC. 603. RENEGOTIATION OF COMPLIANCE AGREEMENTS.

(a) DEFINITION- In this section, the term `defense nuclear facility' has the meaning given the term in section 502 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (as added by section 601).

(b) REQUIREMENT- For each defense nuclear facility with respect to which a compliance agreement has been entered into by the Secretary, the Administrator of the Environmental Protection Agency, and a State as of the date of enactment of this Act, the Under Secretary of Defense for Defense Nuclear Programs shall enter into negotiations with the Environmental Protection Agency and the State concerned to renegotiate the terms of the compliance agreement to reflect title IV of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as added by section 601.

(c) DEADLINE- The Under Secretary of Defense for Defense Nuclear Programs shall complete renegotiation of compliance agreements as required by subsection (a) not later than the date that is 1 year after date of enactment of this Act.

TITLE VII--CIVILIAN RADIOACTIVE WASTE MANAGEMENT

SEC. 701. TRANSFER OF AUTHORITY TO THE SECRETARY OF THE ARMY.

(a) TRANSFER- Effective at the expiration of the 3d calendar month beginning after the date of enactment of this Act, the Nuclear Waste Policy Act of 1982 is amended by striking section 304 (42 U.S.C. 10224) and inserting the following:

`SEC. 304. ARMY CORPS OF ENGINEERS.

`(a) TRANSFER-

`(1) IN GENERAL- 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').

`(2) ASSUMPTION OF OBLIGATIONS- 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-

`(1) IN GENERAL- 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.

`(2) REVIEW AND COMMENTS- The plan shall be submitted to the Nuclear Waste Technical Review Board for its review and comments.

`(3) DESIGN AND CONSTRUCTION- If the Yucca Mountain site is found to be suitable, the Corps shall be responsible for managing the design and construction of the site.

`(4) OPERATION- After the site is completed, the site shall be operated by the Corps in accordance with this Act.

`(5) BENEFITS- 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) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10262(b)(3)(C)) is amended by striking clause (iii) and inserting the following:

`(iii) LIMITATION ON NOMINATIONS- No person shall be nominated for appointment to the Board who is an employee of--

`(I) the Department of Defense;

`(II) a national laboratory under contract with the Department of Defense; or

`(III) an entity performing high-level radioactive waste or spent nuclear fuel activities under contract with the Department of Defense.'.

(C) OTHER PROVISIONS- The Nuclear Waste Policy Act of 1982 is amended in each of the following provisions by striking `Department of Energy' and inserting `Department':

(i) Section 136(f)(2) (42 U.S.C. 10157(f)(2)).

(ii) Section 224(b) (42 U.S.C. 10204(b)).

(iii) Section 302(e)(2) (42 U.S.C. 10222(e)(2)).

(4) REFERENCE TO THE OFFICE OF CIVILIAN WASTE MANAGEMENT- Section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101) is amended by striking paragraph (17).

SEC. 702. REAFFIRMATION OF OBLIGATION TO ACCEPT RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL BY 2000.

(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, 2000;

(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 that, as the courts have held, the Federal Government was obligated 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) ABSOLUTE OBLIGATION- The obligation of the Secretary under paragraph (5) to accept high-level radioactive waste and spent nuclear fuel beginning not later than January 31, 2000, 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) 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. INTERIM STORAGE PROGRAM.

(a) FINDINGS AND PURPOSES- Section 131 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10151) is amended--

(1) in subsection (a)--

(A) in paragraph (1), by adding `and' at the end;

(B) in paragraph (2), by striking `; and' and inserting a period; and

(C) by striking paragraph (3); and

(2) in subsection (b)--

(A) in paragraph (1), by striking `; and' and inserting a period;

(B) by striking `PURPOSES' and all that follows through `to provide for the utilization' and inserting `PURPOSE- The purpose of this subtitle is to provide for the utilization'; and

(C) by striking paragraph (2).

(b) STORAGE OF SPENT NUCLEAR FUEL-

(1) IN GENERAL- Section 135 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10155) is amended--

(A) by striking `STORAGE OF' and all that follows through `135.' and inserting the following:

`SEC. 135. STORAGE OF SPENT NUCLEAR FUEL.';

(B) by striking subsection (a) and inserting the following:

`(a) STORAGE CAPACITY-

`(1) LICENSE- The facility for the initial storage of not more than 40,000 metric tons of spent nuclear fuel at Area 25 of the Nevada Test Site shall be licensed by the 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).

`(2) EXPANSION- The initial storage facility shall be--

`(A) expandable for the transportation and interim storage of up to 100,000 metric tons of spent nuclear fuel; and

`(B) operational not later than December 31, 2000, consistent with paragraph (4) and sections 137(a), 141(a), and 148.

`(3) OBJECTIVES- In carrying out this subsection, the Secretary shall seek to minimize the transportation of spent nuclear fuel, the public health and safety impacts, and the costs of providing storage capacity.

`(4) COMPLIANCE WITH REQUIREMENTS- In carrying out this subsection, the Secretary shall comply with applicable requirements for licensing or authorization.

`(5) TIMELY AVAILABILITY OF STORAGE CAPACITY- The Secretary shall--

`(A) ensure that storage capacity is made available under this subsection when needed, as determined on the basis of the storage needs specified in contracts entered into under section 136(a); and

`(B) accept, upon request, any spent nuclear fuel as covered under such contracts.';

(C) in subsection (b)(1), by striking `subsections (a) (1) and (d)' and inserting `subsection (a)';

(D) in subsection (c)--

(i) in paragraph (1), by striking `300 or more metric tons of storage capacity at any one Federal site under subsection (a)(1)(A)' and inserting `storage capacity under this section'; and

(ii) in paragraph (2)(A), by striking `any provision of less than 300 metric tons of storage capacity at any one Federal site under subsection (a)(1)(A) that requires the modification or expansion of any facility at the site,' and inserting `the provision of storage capacity at Area 25 of the Nevada Test Site';

(E) by striking subsections (d) and (e);

(F) by redesignating subsections (f) through (i) as subsections (d) through (g), respectively;

(G) in the first sentence of subsection (e) (as redesignated by subparagraph (F)), by striking `Administrative Procedures Act' and inserting `title 5, United States Code'; and

(H) in subsection (g) (as redesignated by subparagraph (F))--

(i) in the first sentence, by striking `section 217' and inserting `section 218'; and

(ii) by striking the second sentence.

(2) CONFORMING AMENDMENTS-

(A) Section 141 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10161) is amended--

(i) by striking subsection (g); and

(ii) by redesignating subsection (h) as subsection (g).

(B) Section 142(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10162(a)) is amended by striking `sections 144 and 145' and inserting `section 144'.

(C) The Nuclear Waste Policy Act of 1982 is amended by striking sections 145 and 146 (42 U.S.C. 10165, 10166).

(D) Section 148 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10168) is amended--

(i) in subsection (a)(1), by striking `Once the selection of a site is effective under section 146, the requirements' and inserting `The requirements'; and

(ii) in subsection (b), by striking `Once the selection of a site for a monitored retrievable storage facility is effective under section 146, the Secretary' and inserting `The Secretary'.

(3) NO EFFECT ON SELECTION OF SITE FOR PERMANENT REPOSITORY- Enactment of the amendments made by paragraph (1) shall have no effect on selection of a site for a permanent repository for the storage of spent nuclear fuel.

(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- Not later than 90 days after the date of enactment of this Act, the Secretary of the Army shall submit to Congress 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, shall be deemed to refer to the head of the department or office to which such function is transferred; or

(2) to the Department of Energy, shall be deemed to refer to the department or office to which such function is transferred.

SEC. 802. EXERCISE OF AUTHORITIES.

Except as otherwise provided by law, a Federal official to whom a function is transferred by this Act may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act.

SEC. 803. SAVINGS PROVISIONS.

(a) LEGAL DOCUMENTS- All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges--

(1) that have been issued, made, granted, or allowed to become effective by the President, the Secretary of Energy, any officer or employee of any office transferred by this Act, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and

(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date);

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law.

(b) PROCEEDINGS-

(1) NO EFFECT- This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of enactment of this Act before an office transferred by this Act, but such proceedings and applications shall be continued.

(2) ORDERS, APPEALS, AND PAYMENTS- Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made under such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law.

(3) RULE OF CONSTRUCTION- Nothing in this subsection prohibits the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.

(c) SUITS- This Act shall not affect suits commenced before the date of enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.

(d) NONABATEMENT OF ACTIONS- No suit, action, or other proceeding commenced by or against the Department of Energy or the Secretary of Energy, or by or against any individual in the official capacity of such individual as an officer or employee of an office transferred by this Act, shall abate by reason of the enactment of this Act.

(e) CONTINUANCE OF SUITS- If any officer of the Department of Energy or the Energy Programs Resolution Agency, in the official capacity of the officer, is a party to a suit with respect to a function of the officer, and under this Act the function is transferred to any other officer or office, the suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party.

SEC. 804. TRANSFER OF ASSETS.

Except as otherwise provided in this Act, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official by this Act shall be available to the official at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred.

SEC. 805. DELEGATION.

(a) IN GENERAL- Except as otherwise expressly prohibited by law or otherwise provided in this Act, an official to whom functions are transferred under this Act (including the head of any office to which functions are transferred under this Act) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate.

(b) NO RELIEF FROM RESPONSIBILITY- No delegation of functions under this section or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function.

SEC. 806. AUTHORITY OF OFFICE OF MANAGEMENT AND BUDGET WITH RESPECT TO FUNCTIONS TRANSFERRED.

(a) DETERMINATIONS- If necessary, the Office of Management and Budget shall make any determination of the functions that are transferred under this Act.

(b) INCIDENTAL TRANSFERS-

(1) IN GENERAL- The Director of the Office of Management and Budget, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act.

(2) TERMINATION OF AFFAIRS- The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act.

SEC. 807. PROPOSED CHANGES IN LAW.

Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a description of any changes in Federal law necessary to reflect abolishment, transfers, terminations, and disposals under this Act.

SEC. 808. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFER.

For purposes of this title, the vesting of a function in a department or office pursuant to reestablishment of an office shall be considered to be the transfer of the function.

END