[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4247 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4247

To establish the Department of Energy Laboratory Facilities Commission, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 19, 1994

   Mr. Bartlett of Maryland introduced the following bill; which was 
 referred jointly to the Committees on Science, Space, and Technology, 
                       Armed Services, and Rules

_______________________________________________________________________

                                 A BILL


 
To establish the Department of Energy Laboratory Facilities Commission, 
                        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 Laboratory 
Facilities Act of 1994''.

SEC. 2. DEPARTMENT OF ENERGY LABORATORY FACILITIES COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``Department of Energy Laboratory Facilities 
Commission''.
    (b) Duties.--The Commission shall carry out the duties specified 
for the Commission in this Act.
    (c) Appointment.--
            (1) In general.--The Commission shall be composed of 7 
        members appointed by the President, by and with the advise and 
        consent of the Senate. The President shall transmit to the 
        Senate the nominations for appointment to the Commission not 
        later than 3 months after the date of the enactment of this 
        Act.
            (2) Consultation.--In selecting individuals for nominations 
        for appointments to the Commission, the President should 
        consult with--
                    (A) the Speaker of the House of Representatives 
                concerning the appointment of 1 member;
                    (B) the majority leader of the Senate concerning 
                the appointment of 1 member;
                    (C) the minority leader of the House of 
                Representatives concerning the appointment of 1 member; 
                and
                    (D) the minority leader of the Senate concerning 
                the appointment of 1 member.
            (3) Chairperson.--At the time the President nominates 
        individuals for appointment to the Commission, the President 
        shall designate one such individual who shall serve as 
        Chairperson of the Commission.
    (d) Terms.--Each member of the Commission shall serve until the 
termination of the Commission under subsection (l).
    (e) Meetings.--Each meeting of the Commission, other than meetings 
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, but the individual appointed 
to fill the vacancy shall serve only for the unexpired portion of the 
term for which the individual's predecessor was appointed.
    (g) Pay and Travel Expenses.--
            (1) In general.--
                    (A) Basic pay.--Each member, 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 actual performance of duties vested in 
                the Commission.
                    (B) Pay of chairperson.--The Chairperson 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.--Members 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 one-year period 
                preceding the date of such appointment;
                    (B) has not been an employee of a departmental 
                laboratory during the 5-year period preceding the date 
                of such appointment; and
                    (C) has not been an employee of a contractor 
                operating a departmental laboratory during the 5-year 
                period preceding the date of such 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 subparagraphs (B) 
        and (C), 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 an individual 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.--Not more than one-third of the personnel 
        employed by or detailed to the Commission may be on detail from 
        the Department of Energy. No employee of a departmental 
        laboratory, or of a contractor who operates a departmental 
        laboratory, may be detailed to the Commission.
            (4) Support from other agencies.--Upon request of the 
        Director, the head of a Federal agency may detail any of the 
        personnel of that agency to the Commission to assist the 
        Commission in carrying out its duties under this section.
            (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 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.--The Commission may lease space and acquire personal 
        property to the extent funds are available. 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)(12)(F)).
    (k) Funding.--There are authorized to be appropriated to the 
Commission such funds as are necessary to carry out its duties under 
this section. Such funds shall remain available until expended.
    (l) Termination.--The Commission shall terminate not later than 20 
months after the date of the enactment of this Act.

SEC. 3. PROCEDURE FOR MAKING RECOMMENDATIONS FOR LABORATORY FACILITIES.

    (a) Selection Criteria.--
            (1) In general.--Not later than 3 months after the date of 
        the enactment of this Act, the Secretary of Energy shall 
        publish in the Federal Register and transmit to the 
        congressional energy committees the criteria proposed to be 
        used by the Secretary in making recommendations for the closure 
        or reconfiguration of departmental laboratories resulting in 
        cost savings for the overall budget for such laboratories. The 
        Secretary shall provide an opportunity for public comment on 
        the proposed criteria for a period of at least 30 days and 
        shall include notice of that opportunity in the publication 
        required under this paragraph. In developing the criteria, the 
        Secretary shall consider--
                    (A) the program costs and program distributions on 
                a State and county basis, including real and personal 
                property costs associated with each departmental 
                laboratory considered;
                    (B) the number of participants in programs 
                conducted through a departmental laboratory and staff 
                resources involved;
                    (C) duplication of effort by departmental 
                laboratories and overhead costs as a proportion of 
                program benefits distributed through a departmental 
                laboratory;
                    (D) cost savings and increases that would accrue 
                through the reconfiguration of departmental 
                laboratories;
                    (E) changes in the roles and missions of each 
                departmental laboratory; and
                    (F) the privatization of the laboratories as an 
                alternative to closure or reconfiguration.
            (2) Final criteria.--Not later than 5 months after the date 
        of the enactment of this Act, the Secretary shall publish in 
        the Federal Register and transmit to the congressional energy 
        committees the final criteria to be used in making 
        recommendations for the closure or reconfiguration of 
        departmental laboratories under this section.
    (b) Secretary's Recommendations.--
            (1) Publication in federal register.--Not later than 1 year 
        after the date of the enactment of this Act, the Secretary 
        shall publish in the Federal Register and transmit to the 
        congressional energy committees and to the Commission a list of 
        the departmental laboratories that the Secretary recommends for 
        closure or reconfiguration on the basis of the final criteria 
        referred to in subsection (a).
            (2) Summary of selection process.--The Secretary shall 
        include, with the list of recommendations published and 
        transmitted pursuant to paragraph (1), a summary of the 
        selection process that resulted in the recommendation for each 
        departmental laboratory, including a justification for each 
        recommendation.
    (c) Equal Consideration of Laboratories.--In considering 
departmental laboratories for closure or reconfiguration, the Secretary 
shall consider all such laboratories equally without regard to whether 
a laboratory has been previously considered or proposed for closure or 
reconfiguration by the Secretary.
    (d) Availability of Information.--The Secretary shall make 
available to the Commission and the Comptroller General of the United 
States all information used by the Secretary in making recommendations 
to the Commission for closures and reconfiguration.
    (e) Review and Recommendations by the Commission.--
            (1) Public hearings.--After receiving the recommendations 
        from the Secretary pursuant to subsection (b), the Commission 
        shall conduct public hearings on the recommendations.
            (2) Report.--Not later than 18 months after the date of the 
        enactment of this Act, the Commission shall transmit to the 
        President and the congressional energy committees a report 
        containing the Commission's findings and conclusions based on a 
        review and analysis of the recommendations made by the 
        Secretary, together with the Commission's recommendations for 
        closures and reconfigurations of departmental laboratories. In 
        conducting such review and analysis, the Commission shall 
        consider all departmental laboratories.
            (3) Deviation from secretary's recommendations.--In making 
        its recommendations, the Commission may make changes in any of 
        the recommendations made by the Secretary if the Commission 
        determines that the Secretary deviated substantially from the 
        final criteria referred to in subsection (a) in making 
        recommendations. The Commission shall explain and justify in 
        the report any recommendation made by the Commission that is 
        different from the recommendations made by the Secretary.
            (4) Provision of certain information.--After transmitting 
        the report, the Commission shall promptly provide, upon 
        request, to any Member of Congress information used by the 
        Commission in making its recommendations.
    (f) 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 pursuant to subsection (b); and
            (2) not later than 15 months after the date of the 
        enactment of this Act, transmit to the congressional energy 
        committees and to the Commission a report containing a detailed 
        analysis of the Secretary's recommendations and selection 
        process.
    (g) Review by the President.--
            (1) In general.--Not later than 19 months after the date of 
        the enactment of this Act, the President shall transmit to the 
        Commission and to the congressional energy committees a report 
        containing the President's approval or disapproval of the 
        Commission's recommendations.
            (2) Presidential approval.--If the President approves all 
        of the recommendations of the Commission, the President shall 
        transmit a copy of such recommendations to the congressional 
        energy committees together with a certification of such 
        approval.
            (3) Presidential disapproval.--If the President disapproves 
        the recommendations of the Commission, in whole or in part, the 
        President shall transmit to the Commission and the 
        congressional energy committees the reasons for that 
        disapproval. The Commission shall then transmit to the 
        President, not later than 20 months after the date of the 
        enactment of this Act, a revised list of recommendations for 
        the closure and reconfiguration of departmental laboratories 
        resulting in cost savings for the overall budget for such 
        departmental laboratories.
            (4) Certification.--If the President approves all of the 
        revised recommendations of the Commission transmitted to the 
        President under paragraph (3), the President shall transmit a 
        copy of such revised recommendations to the congressional 
        energy committees, together with a certification of such 
        approval.
            (5) Failure to certify.--If the President does not transmit 
        to the congressional energy committees an approval and 
        certification described in paragraph (2) or (4) by 21 months 
        after the date of the enactment of this Act, the process by 
        which departmental laboratories may be selected for closure or 
        reconfiguration under this section shall be terminated.

SEC. 4. CLOSURE AND RECONFIGURATION OF DEPARTMENTAL LABORATORIES.

    (a) In General.--Subject to subsection (b), the Secretary shall--
            (1) close all departmental laboratories recommended for 
        closure by the Commission in the report transmitted to the 
        congressional energy committees by the President pursuant to 
        section 3(g);
            (2) reconfigure all such laboratories recommended for 
        reconfiguration by the Commission in the report; and
            (3) complete the closures and reconfigurations not later 
        than the end of the 6-year period beginning on the date on 
        which the President transmits the report pursuant to section 
        3(g).
    (b) Congressional Disapproval.--
            (1) In general.--The Secretary may not carry out any 
        closure or reconfiguration of a departmental laboratory 
        recommended by the Commission in the report transmitted from 
        the President pursuant to section 3(g) if a joint resolution is 
        enacted, in accordance with the provisions of section 8, 
        disapproving the recommendations of the Commission before the 
        earlier of--
                    (A) the end of the 45-day period beginning on the 
                date on which the President transmits the report; or
                    (B) the adjournment of Congress sine die for the 
                session during which the report is transmitted.
            (2) For purposes of paragraph (1) of this subsection and 
        subsections (a) and (c) of section (8), the days on which 
        either House of Congress is not in session because of an 
        adjournment of more than three days to a day certain shall be 
        excluded in the computation of a period.

SEC. 5. IMPLEMENTATION OF CLOSURE AND RECONFIGURATION ACTIONS.

    (a) Actions of the Secretary.--In closing or reconfiguring a 
departmental laboratory under this Act, the Secretary shall--
            (1) take such actions as may be necessary to close or 
        reconfigure the departmental laboratory;
            (2) provide outplacement assistance to any employees 
        employed by the Department of Energy at the office whose 
        employment is being terminated, and may use for such purpose 
        funds in the Account or funds appropriated to the Department of 
        Energy for outplacement assistance to employees;
            (3) take such steps as may be necessary to ensure the safe 
        keeping of all records stored at the departmental laboratory; 
        and
            (4) reimburse other Federal agencies for actions performed 
        at the request of the Secretary with respect to any such 
        closure or reconfiguration, and may use for such purpose funds 
        in the Account or funds appropriated to the Department of 
        Energy and available for such purpose.
    (b) Management and Disposal of Property.--
            (1) In general.--The Administrator of General Services 
        shall delegate to the Secretary of Energy, with respect to 
        excess and surplus real property and facilities located at a 
        departmental laboratory closed or reconfigured under this Act--
                    (A) the authority of the Administrator to utilize 
                excess property under section 202 of the Federal 
                Property and Administrative Services Act of 1949 (40 
                U.S.C. 483);
                    (B) the authority of the Administrator to dispose 
                of surplus property under section 203 of that Act (40 
                U.S.C. 484);
                    (C) the authority of the Administrator to grant 
                approvals and make determinations under section 13(g) 
                of the Surplus Property Act of 1944 (50 U.S.C. App. 
                1622(g)); and
                    (D) the authority of the Administrator 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 shall exercise the authority delegated to the 
                Secretary pursuant to paragraph (1) in accordance 
                with--
                            (i) all regulations in effect on the date 
                        of the 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; and
                            (ii) all regulations in effect on the date 
                        of the enactment of this Act governing the 
                        conveyance and disposal of property under 
                        section 13(g) of the Surplus Property Act of 
                        1944 (50 U.S.C. App. 1622(g)).
                    (B) Regulations.--The Secretary, after consulting 
                with the Administrator of General Services, may issue 
                regulations that are necessary to carry out the 
                delegation of authority required by paragraph (1).
                    (C) Limitation.--The authority required to be 
                delegated by paragraph (1) to the Secretary by the 
                Administrator of General Services shall not include the 
                authority to prescribe general policies and methods for 
                utilizing excess property and disposing of surplus 
                property.
    (c) Waiver.--The Secretary may close or reconfigure departmental 
laboratories under this Act without regard to any provision of law 
restricting the use of funds for closing or reconfiguring such 
departmental laboratories included in any appropriations or 
authorization Act.

SEC. 6. ACCOUNT.

    (a) Establishment.--There is hereby established on the books of the 
Treasury an account to be known as the ``Department of Energy 
Laboratory Facility Closure Account'' which shall be administered by 
the Secretary as a single account.
    (b) Content of Account.--There shall be deposited into the 
Account--
            (1) funds authorized for and appropriated to the Account;
            (2) any funds that the Secretary 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 Secretary transmits written notice of, and 
        justification for, such transfer to the congressional energy 
        committees; and
            (3) proceeds received from the transfer or disposal of any 
        property at an office closed or reconfigured under this 
        section.
    (c) Use of Funds.--The Secretary may use the funds in the Account 
only for the purposes described in section 5(a).
    (d) Reports.--
            (1) In general.--Not later than 60 days after the end of 
        each fiscal year in which the Secretary carries out activities 
        under this Act, the Secretary 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 
        such fiscal year and of the amount and nature of other 
        expenditures made pursuant to section 5(a) during such fiscal 
        year.
            (2) Unobligated funds.--Unobligated funds which remain in 
        the Account after the termination of the Commission shall be 
        held in the Account until transferred by law after the 
        congressional energy committees receive the report transmitted 
        under paragraph (3).
            (3) Accounting report.--Not later than 60 days after the 
        termination of the Commission, the Secretary shall transmit to 
        the congressional energy committees a report containing an 
        accounting of--
                    (A) all the funds deposited into and expended from 
                the Account or otherwise expended under this section; 
                and
                    (B) any amount remaining in the Account.

SEC. 7. REPORTS ON IMPLEMENTATION.

    As part of the budget request for each fiscal year in which the 
Secretary will carry out activities under this Act, the Secretary shall 
transmit to the congressional energy committees--
            (1) a schedule of the closure and reconfiguration actions 
        to be carried out under this Act 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 
        and reconfiguration and of the time period in which these 
        savings are to be achieved in each case; and
            (2) a description of the departmental laboratories, 
        including those under construction and those planned for 
        construction, to which functions are to be transferred as a 
        result of such closures and reconfigurations.

SEC. 8. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.

    (a) Terms of the Resolution.--For purposes of section 4(b), the 
term ``joint resolution'' means only a joint resolution which is 
introduced within the 10-day period beginning on the date on which the 
President transmits the report to the Congress under section 3(g), 
and--
            (1) which does not have a preamble;
            (2) the matter after the resolving clause of which is as 
        follows: ``That Congress disapproves the recommendations of the 
        Department of Energy Laboratory Facilities Commission as 
        submitted by the President on ______'', the blank space being 
        filled in with the appropriate date; and
            (3) the title of which is as follows: ``Joint resolution 
        disapproving the recommendations of the Department of Energy 
        Laboratory Facilities Commission.''.
    (b) Referral.--A resolution described in subsection (a) that is 
introduced in the House of Representatives shall be referred to the 
Committee on Armed Services and the Committee on Science, Space, and 
Technology of the House of Representatives. A resolution described in 
subsection (a) introduced in the Senate shall be referred to the 
Committee on Armed Services and the Committee on Energy and Natural 
Resources of the Senate.
    (c) Discharge.--If the committee to which a resolution described in 
subsection (a) is referred has not reported such resolution (or an 
identical resolution) by the end of the 20-day period beginning on the 
date on which the President transmits the report to the Congress under 
section 3(g), such committee shall be, at the end of such period, 
discharged from further consideration of such resolution, and such 
resolution shall be placed on the appropriate calendar of the House 
involved.
    (d) Consideration.--
            (1) In general.--On or after the third day after the date 
        on which the committee to which such a resolution is referred 
        has reported, or has been discharged (under subsection (c)) 
        from further consideration of, such a resolution, it is in 
        order (even though a previous motion to the same effect has 
        been disagreed to) for any Member of the respective House to 
        move to proceed to the consideration of the resolution (but 
        only on the day after the calendar day on which such Member 
        announces to the House concerned the Member's intention to do 
        so). All points of order against the resolution (and against 
        consideration of the resolution) are waived. The motion is 
        highly privileged in the House of Representatives and is 
        privileged in the Senate and is not debatable. The motion is 
        not subject to amendment, or to a motion to postpone, or to a 
        motion to proceed to the consideration of other business. A 
        motion to reconsider the vote by which the motion is agreed to 
        or disagreed to shall not be in order. If a motion to proceed 
        to the consideration of the resolution is agreed to, the 
        respective House shall immediately proceed to consideration of 
        the joint resolution without intervening motion, order, or 
        other business, and the resolution shall remain the unfinished 
        business of the respective House until disposed of.
            (2) Debate.--Debate on the resolution, and on all debatable 
        motions and appeals in connection therewith, shall be limited 
        to not more than 2 hours, which shall be divided equally 
        between those favoring and those opposing the resolution. An 
        amendment to the resolution is not in order. A motion further 
        to limit debate is in order and not debatable. A motion to 
        postpone, or a motion to proceed to the consideration of other 
        business, or a motion to recommit the resolution is not in 
        order. A motion to reconsider the vote by which the resolution 
        is agreed to or disagreed to is not in order.
            (3) Quorum call.--Immediately following the conclusion of 
        the debate on a resolution described in subsection (a) and a 
        single quorum call at the conclusion of the debate if requested 
        in accordance with the rules of the appropriate House, the vote 
        on final passage of the resolution shall occur.
            (4) Appeals from decision of chair.--Appeals from the 
        decisions of the Chair relating to the application of the rules 
        of the Senate or the House of Representatives, as the case may 
        be, to the procedure relating to a resolution described in 
        subsection (a) shall be decided without debate.
    (e) Consideration by Other House.--
            (1) If, before the passage by one House of a resolution of 
        that House described in subsection (a), that House receives 
        from the other House a resolution described in subsection (a), 
        then the following procedures shall apply:
                    (A) The resolution of the other House shall not be 
                referred to a committee and may not be considered in 
                the House receiving it except in the case of final 
                passage as provided in subparagraph (B)(ii).
                    (B) With respect to a resolution described in 
                paragraph (1) of the House receiving the resolution--
                            (i) the procedure in that House shall be 
                        the same as if no resolution had been received 
                        from the other House; but
                            (ii) the vote on final passage shall be on 
                        the resolution of the other House.
            (2) Consideration after disposition by other house.--Upon 
        disposition of the resolution received from the other House, it 
        shall no longer be in order to consider the resolution that 
        originated in the receiving House.
    (f) Rules of the Senate and House.--This subsection is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a 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 described in subsection 
        (a), and it supersedes other rules only to the extent that it 
        is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating 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. 9. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Account'' means the Department of Energy 
        Laboratory Facility Closure Account established in section 
        6(a).
            (2) The term ``Commission'' means the Department of Energy 
        Laboratory Facilities Closure and Reconfiguration Commission.
            (3) The term ``congressional energy committees'' means the 
        Committees on Armed Services of the Senate and House of 
        Representatives, the Committee on Science, Space, and 
        Technology of the House of Representatives, and the Committee 
        on Energy and Natural Resources of the Senate.
            (4) The term ``departmental laboratory'' means a Federal 
        laboratory, or any other laboratory or facility designated by 
        the Secretary, operated by or on behalf of the Department of 
        Energy.
            (5) The term ``Federal laboratory'' has the meaning given 
        the term ``laboratory'' in section 12(d)(2) of the Stevenson-
        Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a(d)(2)).
            (6) The term ``Secretary'' means the Secretary of Energy.

                                 <all>

HR 4247 IH--2
HR 4247 IH--3