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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.

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