[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1295 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1295

       To establish a Commission to make recommendations for the 
 reconfiguration, corporatization, privatization, and consolidation of 
   Department of Energy National Energy Laboratories, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 1997

     Mr. Klug (for himself, Mr. Minge, Mr. Tiahrt, Mr. Peterson of 
   Minnesota, Mr. Solomon, Mr. LoBiondo, Mr. Foley, and Mr. Ramstad) 
 introduced the following bill; which was referred to the Committee on 
 Science, and in addition to the Committees on National Security, and 
 Rules, 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 establish a Commission to make recommendations for the 
 reconfiguration, corporatization, privatization, and consolidation of 
   Department of Energy National 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 ``National Energy Laboratories 
Reorganization Commission Act of 1997''.

SEC. 2. NATIONAL ENERGY LABORATORIES REORGANIZATION COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``National Energy Laboratories Reorganization 
Commission'', for the purpose of reorganizing the Department of Energy 
National Energy Laboratories, and programs at those laboratories, 
through reconfiguration, corporatization, privatization, and 
consolidation, while preserving the traditional role the energy 
laboratories have contributed to the national defense.
    (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 advice and 
        consent of the Senate. The President shall transmit to the 
        Senate the nominations for appointment to the Commission not 
        later than 1 month 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 2 members; and
                    (B) the Majority Leader of the Senate concerning 
                the appointment of 2 members.
            (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.--The term of each member of the Commission shall expire 
on 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.
    (g) Pay and Travel Expenses.--
            (1) Basic pay.--
                    (A) Pay of members.--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 appoint a Director 
        who--
                    (A) has not served as a civilian employee of the 
                Department of Energy during the 2-year period preceding 
                the date of such appointment;
                    (B) has not been an employee of an energy 
                laboratory during the 5-year period preceding the date 
                of such appointment; and
                    (C) has not been an employee of a contractor 
                operating an energy 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 paragraphs (2) and 
        (3), 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 shall be individuals 
        employed by the Department of Energy on the day before the date 
        of the enactment of this Act. No employee of an energy 
        laboratory, or of a contractor who operates an energy 
        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 Act.
            (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 Act. Such funds shall remain available until expended.
    (l) Termination.--The Commission shall terminate not later than 2 
years after the date of the enactment of this Act.

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

    (a) Selection Criteria.--In making recommendations for the 
reconfiguration, corporatization, privatization, and consolidation of 
energy laboratories and termination of programs at such laboratories 
under this Act, the Commission shall--
            (1) give strong consideration to the recommendations for 
        reorganization and corporatization expressed in the Galvin 
        Report;
            (2) eliminate duplication of effort by energy laboratories 
        and reduce overhead costs as a proportion of program benefits 
        distributed through an energy laboratory;
            (3) define appropriate missions for each energy laboratory, 
        and ensure that the activities of each such laboratory are 
        focused on its mission or missions;
            (4) seek to achieve cost savings for the overall budget for 
        such laboratories;
            (5) consider the program costs and program distributions on 
        a State and county basis, including real and personal property 
        costs associated with each energy laboratory considered;
            (6) consider the number of participants in programs 
        conducted through an energy laboratory and staff resources 
        involved;
            (7) estimate the cost savings and increased costs that 
        would accrue through the reconfiguration, corporatization, 
        privatization, or consolidation of energy laboratories;
            (8) consider the potential of each energy laboratory to 
        generate revenues or to offset costs;
            (9) consider the transfer of energy laboratories to other 
        Federal agencies; and
            (10) consider the privatization of the energy laboratories 
        as an alternative to closure or reconfiguration.
    (b) Equal Consideration of Laboratories.--In considering energy 
laboratories for reconfiguration, corporatization, privatization, and 
consolidation, the Commission shall consider all such laboratories 
equally without regard to whether a laboratory has been previously 
considered or proposed for reconfiguration, corporatization, 
privatization, or consolidation.
    (c) Availability of Information.--The Secretary shall make 
available to the Commission all information requested by the 
Commission.
    (d) Independent Audit.--(1) Within 30 days after the date of the 
enactment of this Act, the Director of the Office of Management and 
Budget shall issue a request for proposals for the performance of an 
audit under paragraph (3).
    (2) Within 60 days after the date of the enactment of this Act, 
proposals shall be due in response to the request under paragraph (1).
    (3) Within 90 days after the date of the enactment of this Act, the 
Director of the Office of Management and Budget shall enter into a 
contract with an independent financial consulting firm for an audit of 
the energy laboratories and their programs, facilities, and assets. 
Such audit shall assess the commercial potential of the energy 
laboratories and their programs and make recommendations on how the 
Government could best realize such potential. The audit shall be 
completed and transmitted to the Commission and the congressional 
energy committees within 6 months after the contract is entered into 
under this subsection.
    (e) Review and Recommendations by the Commission.--
            (1) Public comment.--The Commission shall provide an 
        opportunity for public comment on the recommendations in the 
        Galvin Report for a 30-day period.
            (2) Initial report.--Not later than 1 year after the date 
        of the enactment of this Act, the Commission shall publish in 
        the Federal Register an initial report containing the 
        Commission's findings and conclusions based on a review and 
        analysis of--
                    (A) the recommendations made in the Galvin Report;
                    (B) the audit conducted pursuant to subsection (d); 
                and
                    (C) the comments received under paragraph (1),
        together with the Commission's recommendations for 
        reconfiguration, corporatization, privatization, and 
        consolidation of energy laboratories. In conducting such review 
        and analysis, the Commission shall consider all energy 
        laboratories.
            (3) Deviation from recommendations.--In making its 
        recommendations, the Commission may make changes in any of the 
        recommendations made in the Galvin Report. The Commission shall 
        explain and justify in the report any recommendation made by 
        the Commission that is different from the recommendations made 
        in the Galvin Report.
            (4) Final report.--After providing a 30-day period for the 
        public to comment following publication of the initial report 
        under paragraph (2), and after full consideration of such 
        public comment, the Commission shall, within 15 months after 
        the date of the enactment of this Act, transmit to the 
        Secretary and the congressional energy committees a final 
        report containing the recommendations of the Commission.
            (5) Provision of certain information.--After transmitting 
        the final report under paragraph (4), the Commission shall 
        promptly provide, upon request, to any Member of Congress 
        information used by the Commission in making its 
        recommendations.

SEC. 4. RECONFIGURATION, CORPORATIZATION, PRIVATIZATION, AND 
              CONSOLIDATION OF ENERGY LABORATORIES.

    (a) In General.--Subject to subsection (b), the Secretary shall--
            (1) reconfigure, within 1 year after the date of the 
        transmittal of the final report under section 3(e)(4), all 
        energy laboratories recommended for reconfiguration by the 
        Commission in such report;
            (2) provide for and complete the corporatization, within 1 
        year after the date of the transmittal of the final report 
        under section 3(e)(4), of all energy laboratories recommended 
        for corporatization by the Commission in such report;
            (3) provide for and complete the privatization, within 1 
        year after the date of the transmittal of the final report 
        under section 3(e)(4), of all energy laboratories recommended 
        for privatization by the Commission in such report; and
            (4) provide for and complete the consolidation, within 1 
        year after the transmittal of the final report under section 
        3(e)(4), of all energy laboratories recommended for 
        consolidation by the Commission in such report.
    (b) Congressional Disapproval.--
            (1) In general.--The Secretary may not carry out any 
        reconfiguration, corporatization, privatization, or 
        consolidation of an energy laboratory recommended by the 
        Commission in the report transmitted pursuant to section 
        3(e)(4) 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 Commission transmits the report; or
                    (B) the adjournment of Congress sine die for the 
                session during which the report is transmitted.
            (2) Legislative days.--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 RECONFIGURATION, CORPORATIZATION, 
              PRIVATIZATION, AND CONSOLIDATION ACTIONS.

    (a) Implementation.--In reconfiguring, corporatizing, privatizing, 
or consolidating an energy laboratory under this Act, the Secretary 
shall--
            (1) take such actions as may be necessary to reconfigure, 
        corporatize, privatize, or consolidate the energy laboratory;
            (2) take such steps as may be necessary to ensure the safe 
        keeping of all records stored at the energy laboratory; and
            (3) reimburse other Federal agencies for actions performed 
        at the request of the Secretary with respect to any such 
        reconfiguration, corporatization, privatization, or 
        consolidation, 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 with respect to excess and 
        surplus real property and facilities located at an energy 
        laboratory reconfigured, corporatized, privatized, or 
        consolidated under this Act--
                    (A) the authority of the Secretary 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 Secretary to dispose of 
                surplus property under section 203 of that Act (40 
                U.S.C. 484);
                    (C) the authority of the Secretary 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 Secretary 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 reconfigure, corporatize, privatize, 
or consolidate energy laboratories under this Act without regard to any 
provision of law restricting the use of funds for reconfiguring, 
corporatizing, privatizing, or consolidating such energy 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 ``National Energy Laboratories 
Reorganization 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 reconfigured, corporatized, privatized, 
        or consolidated under this Act.
    (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 shall be held in 
        the Account until transferred by law.

SEC. 7. REPORTS ON IMPLEMENTATION.

    As part of the budget request for each fiscal year in which the 
Secretary is authorized to carry out activities under this Act, the 
Secretary shall transmit to the congressional energy committees--
            (1) a schedule of the reconfiguration, corporatization, 
        privatization, and consolidation 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 reconfiguration, 
        corporatization, privatization, or consolidation and of the 
        time period in which these savings are to be achieved in each 
        case; and
            (2) a description of the energy laboratories to which 
        functions are to be transferred as a result of such 
        reconfigurations, corporatizations, privatizations, and 
        consolidations.

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 
Commission transmits the report to the Congress under section 3(e)(4), 
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 
        National Energy Laboratories Reorganization Commission as 
        submitted 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 National Energy 
        Laboratories Reorganization Commission.''.
    (b) Referral.--A resolution described in subsection (a) that is 
introduced in the House of Representatives shall be referred to the 
Committee on National Security and the Committee on Science 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 Commission transmits the report to the Congress under 
section 3(e)(4), 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) In general.--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 section 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 National Energy 
        Laboratories Reorganization Account established in section 
        6(a).
            (2) The term ``Commission'' means the National Energy 
        Laboratories Reorganization Commission.
            (3) The term ``congressional energy 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.
            (4) The term ``corporatize'' means to transfer functions to 
        a wholly owned Government corporation established for the 
        purpose of performing those functions.
            (5) The term ``energy laboratory'' means the Lawrence 
        Livermore National Laboratory, the Los Alamos National 
        Laboratory, the Sandia National Laboratories, the Argonne 
        National Laboratory, the Brookhaven National Laboratory, the 
        Idaho National Engineering Laboratory, the Lawrence Berkeley 
        Laboratory, the Oak Ridge National Laboratory, the Pacific 
        Northwest Laboratory, or the National Renewable Energy 
        Laboratory.
            (6) The term ``Galvin Report'' means the report of the Task 
        Force on Alternative Futures for the Department of Energy 
        National Laboratories (commonly known as the Galvin 
        Commission).
            (7) The term ``Secretary'' means the Secretary of Energy.
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