Department of Energy Abolishment Act

TABLE OF CONTENTS:

Title I: Abolishment of Department of Energy

Title II: Energy Laboratories

Subtitle A: National Defense Laboratories

Subtitle B: Nondefense Energy Laboratories

Title III: Power Marketing Administrations

Title IV: Transfer and Disposal of Reserves

Subtitle A: Strategic Petroleum Reserve

Subtitle B: Naval Petroleum Reserves

Title V: National Security and Environmental Management

Programs

Title VI: Environmental Restoration Activities at Defense

Nuclear Facilities

Title VII: Civilian Radioactive Waste Management

Title VIII: Miscellaneous Provisions

Department of Energy Abolishment Act - Title I: Abolishment of Department of Energy - Redesignates the Department of Energy (DOE) as the Energy Programs Resolution Agency (the Agency), headed by an Administrator to perform the previous functions of the Department of Energy. Provides for the continuation of service of the Secretary of Energy as the interim Administrator.

(Sec. 105) Authorizes the Administrator to establish, consolidate, alter, or discontinue in the Energy Programs Resolution Agency any organizational entities that were entities of DOE. Sunsets the Agency three years after enactment of this Act.

(Sec. 107) Amends the Department of Energy Organization Act to restore the Federal Energy Regulatory Commission (FERC) as an independent agency.

(Sec. 108) Transfers to the Secretary of the Interior all functions of: (1) the Administrator of the Energy Information Administration; (2) certain DOE civilian energy research programs; and (3) specified DOE science and technology programs.

(Sec. 109) Transfers all functions of the Administrator of the Energy Regulatory Administration to the Attorney General.

(Sec. 110) Directs the Comptroller General to report to the Congress on the most efficient way to accomplish the complete abolishment of DOE and the functions.

Title II: Energy Laboratories - Subtitle A: National Defense Laboratories - Transfers the functions of the Lawrence Livermore, Los Alamos, and Sandia National Laboratories to the Under Secretary of Defense for Nuclear Programs (established by title V).

Subtitle B: Nondefense Energy Laboratories - Transfers to the National Science Foundation all functions of the Secretary of Energy relating to nondefense energy laboratories.

(Sec. 213) Establishes the Nondefense Energy Laboratory Commission as an independent body to recommend to the Congress disposition options (reconfiguration, privatization, closure, or transfer) for nondefense energy laboratories, programs, or any of the basic science programs. Authorizes appropriations. Prescribes procedural guidelines for fast track congressional consideration of the Commission's report.

(Sec. 216) Sets deadlines for closure of all nondefense energy laboratories and basic science programs unless the Congress has approved other specified dispositions.

(Sec. 218) Establishes the Energy Laboratory Facility Closure Account to fund implementation of disposition actions.

Title III: Power Marketing Administrations - Transfers to the Secretary of the Army (acting through the Chief of Engineers of the Army Corps of Engineers) all functions of the Administrators of: (1) the Bonneville Power Administration; (2) the Southeastern Power Administration; (3) the Southwestern Power Administration; and (4) the Western Area Power Administration.

(Sec. 303) Directs the Comptroller General to study and report to the Congress on: (1) specified aspects of such power administrations; and (2) recommended final disposition alternatives.

Expresses the intent of the Congress that: (1) any purchaser of facilities shall be required to maintain any contracts with customers in force as of the effective date; and (2) any sales of such facilities be executed so as to minimize the impact on the ultimate ratepayers.

Title IV: Transfer and Disposal of Reserves - Subtitle A: Strategic Petroleum Reserve - Transfers to the Secretary of Defense all functions performed by the Secretary of Energy regarding the Strategic Petroleum Reserve, including the Industrial Petroleum Reserve, the Early Storage Reserve, and the Regional Petroleum Reserve. Instructs the Secretary of Defense to submit to the Congress a plan for the disposal of the Strategic Petroleum Reserve within a specified timeframe, including a plan for disposal of the reserves held at Weeks Island, Louisiana.

Subtitle B: Naval Petroleum Reserves - Transfers to the Administrator of the Energy Programs Resolution Agency all functions performed with respect to the naval petroleum reserves, except Naval Petroleum Reserve Numbered 1 (Elk Hills). Instructs the Administrator to develop a joint plan with the Secretaries of the Interior and of the Army for disposal of the naval petroleum reserves within a specified timeframe.

Title V: National Security and Environmental Management Programs - Establishes the Defense Nuclear Programs Agency (the Agency) in the Department of Defense (DOD), headed by an Under Secretary for Defense Nuclear Programs.

(Sec. 502) Identifies the Under Secretary as the Staff Director of the Nuclear Weapons Council.

(Sec. 503) Transfers to the Under Secretary all national security supervisory functions previously performed by: (1) DOE over defense, nonproliferation, and defense-related environmental management programs, and the Sandia, Los Alamos, and Lawrence Livermore National Laboratories; (2) the Defense Nuclear Agency of DOD relating to nuclear weapons systems; and (3) the Defense Nuclear Facilities Safety Board.

Authorizes the Secretary of Defense to transfer other nuclear weapons-related functions to the Under Secretary.

(Sec. 504) Places restrictions upon the transfer of funds by the Agency.

Title VI: Environmental Restoration Activities at Defense Nuclear Facilities - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to require the Under Secretary to review ongoing and planned remediation activities for consistency with such Act.

(Sec. 601) Sets forth guidelines for site-specific risk assessment and an analysis of risk reduction benefits and costs, which shall be conducted before the selection of a remedial action at a defense nuclear facility.

(Sec. 603) Instructs the Under Secretary to renegotiate the terms of any compliance agreement entered into with the Secretary of Energy, the Environmental Protection Agency, and the relevant State in order to have it reflect this Act.

Title VII: Civilian Radioactive Waste Management - Amends the Nuclear Waste Policy Act of 1982 to terminate the Office of Civilian Radioactive Waste Management and transfer its authority and assets to the Army Corps of Engineers (the Corps). Requires: (1) the Corps to assume all obligations of the Office affecting the Yucca Mountain site; and (2) reissuance of Nevada State permits for the Corps. Prescribes procedural guidelines for Corps preparation and implementation of a Yucca Mountain site characterization plan.

(Sec. 702) Amends the Nuclear Waste Policy Act of 1982 to reaffirm that the obligation of the Secretary of Energy to accept high-level radioactive waste and spent nuclear fuel beginning by January 31, 1998, is absolute and is not dependent on commencement of operation of a repository or a monitored retrievable storage facility. States that such obligation shall be neither voided nor delayed for any reason.

Repeals: (1) the site selection limitation placed upon the siting of a monitored retrievable storage facility; and (2) the licensing conditions placed upon such facility.

(Sec. 703) Prescribes procedural guidelines for the licensing and expansion of an initial uranium storage facility.

Title VIII: Miscellaneous Provisions - Sets forth miscellaneous implementing provisions, conferring upon the Office of Management and Budget authority to make any determination regarding functions transferred under this Act and incidental transfers.