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`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.

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