[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2142 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2142

  To promote the scientific, technological, and the national security 
    interests and industrial wellbeing of the United States through 
    establishing missions for and streamlining Department of Energy 
                 laboratories, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 1995

   Mr. Schiff (for himself, Mr. Pete Geren of Texas, Mr. Fawell, Mr. 
     Hastert, Mr. Wamp, Mr. Baker of California, and Mrs. Morella) 
 introduced the following bill; which was referred to the Committee on 
 Science, and in addition to the Committee on National Security, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To promote the scientific, technological, and the national security 
    interests and industrial wellbeing of the United States through 
    establishing missions for and streamlining Department of Energy 
                 laboratories, 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 
Missions Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) 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;
            (2) 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));
            (3) the term ``relevant congressional 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; and
            (4) the term ``Secretary'' means the Secretary of Energy.

                      TITLE I--MISSION ASSIGNMENT

SEC. 101. FINDINGS.

    The Congress finds that--
            (1) through their unique historical missions, the 
        departmental laboratories have developed core competencies and 
        technical capabilities that strategically position them to 
        contribute to the scientific and technological wellbeing of the 
        Nation;
            (2) the departmental laboratories have contributed and 
        continue to contribute technology to ensure the maintenance of 
        the nuclear deterrent and other elements of the national 
        security;
            (3) through their contributions to the national security in 
        the production of nuclear and conventional weapons, the 
        departmental laboratories have helped deter the repetition of 
        the global conflicts of the past, and have helped maintain the 
        relative peace which the United States enjoys;
            (4) the departmental laboratories collectively represent an 
        extensive science and technology resource of people, 
        facilities, and equipment that contribute to the achievement of 
        national technology goals;
            (5) in carrying out their Department of Energy mission 
        responsibilities, the departmental laboratories have 
        established successful collaborative relationships with other 
        Federal agencies, universities, and other federally funded 
        laboratories that allow each of the partners to share and 
        leverage their unique capabilities;
            (6) collaboration in partnerships among the departmental 
        laboratories, other Federal agencies, universities, and private 
        industry, especially through cooperative research and 
        development agreements, should be encouraged to enable the 
        departmental laboratories to ensure the maximum return on the 
        taxpayer's investment; and
            (7) the departmental laboratories need well defined and 
        assigned missions to continue to successfully contribute to the 
        scientific, technological, and national security interests of 
        the United States.

SEC. 102. MISSIONS.

    The Department of Energy may maintain departmental laboratories for 
the purpose of advancing, and shall carry out research and development 
activities which are essential to support and perform, the following 
core missions:
            (1) To maintain national security, as follows:
                    (A) To provide for the Nation's nuclear weapons 
                requirements, to be stewards of the Nation's nuclear 
                weapons stockpile, and to meet other national security 
                requirements as determined by the President.
                    (B) To reduce the threat of nuclear war, by 
                assisting with the dismantlement of nuclear weapons, 
                working to curb the proliferation of weapons of mass 
                destruction, including nuclear, chemical, and 
                biological weapons, supporting efforts to counter the 
                proliferation of weapons of mass destruction, including 
                nuclear, chemical, and biological weapons, and their 
                delivery systems, and conducting research on and the 
                development of technologies needed for the effective 
                verification of international arms control agreements, 
                including prospective international arms control 
                agreements, which may include the production and 
                dissemination of foreign intelligence pertinent to the 
                Department's missions.
                    (C) To provide for the advancement of science and 
                technology in the development of nuclear and 
                conventional weaponry for national security purposes.
            (2) To ensure the Nation's energy supply and to reduce the 
        Nation's reliance on imported energy sources through research 
        and development on generic, precompetitive technologies that 
        enhance energy supply and improve the efficiency of energy end 
        uses, with an emphasis on long-term, high-risk research.
            (3) To conduct basic research in energy-related science and 
        technology, in the fundamental understanding of matter, and in 
        emerging scientific fields, including construction and 
        operation of unique scientific instruments and facilities for 
        use by the Federal Government, academia, industry, and other 
        appropriate non-Federal institutions.
            (4) To carry out research and development for the purpose 
        of minimizing the environmental impacts of the production and 
        use of energy, nuclear weapons, and materials, including the 
        development of technologies for the safe disposal and cleanup 
        of hazardous and radioactive wastes.
            (5) To carry out such additional missions as are assigned 
        to the Department of Energy by the President.
In furthering the core missions of the departmental laboratories, the 
Secretary and the departmental laboratories may establish mutually 
beneficial collaborative, mission-oriented research and development 
relationships with other agencies of the Federal Government, academia, 
and other appropriate non-Federal institutions, providing for the 
mutual sharing of nonproprietary and unclassified information.

SEC. 103. PROCEDURE FOR MAKING PROPOSALS FOR LABORATORY MISSION 
              ASSIGNMENTS AND STREAMLINING.

    (a) Mission Assignment and Streamlining Criteria.--
            (1) In general.--Not later than 3 months after the date of 
        the enactment of this Act, the Secretary shall publish in the 
        Federal Register and transmit to the relevant congressional 
        committees the criteria proposed to be used by the Secretary in 
        making proposals for the assignment of a mission or missions 
        to, and the streamlining, if necessary, of, departmental 
        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 unique technical and experimental 
                capabilities which exist at each of the departmental 
                laboratories, including the critical infrastructure 
                needed for nuclear weapons systems development, 
                production, and maintenance;
                    (B) unnecessary duplication of effort by 
                departmental laboratories and overhead costs as a 
                proportion of program benefits distributed through a 
                departmental laboratory;
                    (C) cost savings and increases that would accrue 
                through the streamlining of departmental laboratories;
                    (D) the potential and appropriateness of the 
                performance of research and other missions of the 
                departmental laboratories by other entities such as 
                academic, private industry, and other Federal 
                facilities; and
                    (E) expert advice from appropriate outside 
                individuals.
            (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 relevant congressional 
        committees the final criteria to be used in making proposals 
        for the assignment of a mission or missions to, and the 
        streamlining of, departmental laboratories under this section.
    (b) Secretary's Proposals.--
            (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 
        relevant congressional committees the Secretary's proposals for 
        mission assignments and streamlining for the departmental 
        laboratories, on the basis of the final criteria published 
        under subsection (a)(2) and the statement of missions contained 
        in section 3. In formulating those proposals, the Secretary 
        shall solicit the advice of appropriate outside expert 
        individuals.
            (2) Summary of process.--The Secretary shall include, with 
        the proposals published and transmitted pursuant to paragraph 
        (1), a summary of the process that resulted in the proposals 
        for each departmental laboratory, including a justification for 
        each proposal.
    (c) Availability of Information.--The Secretary shall make 
available to the Comptroller General of the United States all 
information used by the Secretary in making proposals under subsection 
(b).
    (d) Comptroller General Report.--The Comptroller General of the 
United States shall, not later than 15 months after the date of the 
enactment of this Act, transmit to the relevant congressional 
committees a report containing a detailed analysis of the Secretary's 
proposals and procedures.

SEC. 104. ASSIGNMENT OF MISSIONS TO, AND STREAMLINING OF, DEPARTMENTAL 
              LABORATORIES.

    The Secretary shall--
            (1) assign a mission or missions to all departmental 
        laboratories as proposed in the report transmitted to the 
        relevant congressional committees pursuant to section 
        103(b)(1);
            (2) streamline all such laboratories proposed for 
        streamlining in such report; and
            (3) complete the mission assignments and streamlining not 
        later than the end of the 4-year period beginning on the date 
        on which such report is transmitted.

SEC. 105. 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 relevant congressional committees--
            (1) a schedule of the mission assignment and streamlining 
        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 mission assignment and streamlining, 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 mission assignments and streamlining.

                          TITLE II--GOVERNANCE

SEC. 201. FINDINGS.

    The Congress finds that--
            (1) there is an inordinate internal focus at every level of 
        the Department of Energy and the departmental laboratories on 
        compliance issues and questions of management processes, which 
        takes a major toll on research performance;
            (2) there has been a growing emphasis at the Department on 
        administrative and support organizations and their oversight 
        and compliance roles;
            (3) the costs of dealing with review groups significantly 
        interferes with research operations at the department 
        laboratories;
            (4) far too much influence has been ceded by the Department 
        to nonregulatory advisory boards, and such organizations 
        generate recommendations with no apparent cost/benefit 
        analysis, which results in significant unnecessary expenditures 
        and productivity losses; and
            (5) enforcement of environmental, safety, and health rules, 
        regulations, orders, and standards is a function of government 
        agencies other than the Department of Energy.

SEC. 202. ELIMINATION OF SELF-REGULATION.

    Notwithstanding any other provision of law, the Department of 
Energy shall implement, but shall not be the agency of enforcement of, 
Federal, State, and local environmental, safety, and health rules, 
regulations, orders, and standards at departmental laboratories, unless 
the Secretary certifies that a particular action is unique to the 
activities of the Department and is necessary to maintain human health 
and safety.

SEC. 203. EFFECTIVE DATE.

    This title shall take effect on October 1, 1996.
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