[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1160 Reported in Senate (RS)]

                                                       Calendar No. 316
112th CONGRESS
  2d Session
                                S. 1160

                          [Report No. 112-147]

  To improve the administration of the Department of Energy, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2011

 Mr. Bingaman (for himself and Ms. Murkowski) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                            February 7, 2012

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To improve the administration of the Department of Energy, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Department of Energy 
Administrative Improvement Act of 2011''.</DELETED>

<DELETED>SEC. 2. DEFINITION OF SECRETARY.</DELETED>

<DELETED>    In this Act, the term ``Secretary'' means the Secretary of 
Energy.</DELETED>

<DELETED>SEC. 3. FUTURE-YEARS DEPARTMENT OF ENERGY PROGRAM.</DELETED>

<DELETED>    (a) In General.--Part C of title VI of the Department of 
Energy Organization Act (42 U.S.C. 7251 et seq.) is amended by adding 
at the end the following:</DELETED>

<DELETED>``SEC. 664. FUTURE-YEARS DEPARTMENT OF ENERGY 
              PROGRAM.</DELETED>

<DELETED>    ``(a) In General.--At or about the time the budget of the 
President is submitted to Congress for each year under section 1105(a) 
of title 31, United States Code, the Secretary shall submit to Congress 
a future-years Department of Energy program (including associated 
annexes) reflecting the estimated expenditures and proposed 
appropriations included in the budget.</DELETED>
<DELETED>    ``(b) Fiscal Year.--Any future-years Department of Energy 
program submitted under subsection (a) shall cover--</DELETED>
        <DELETED>    ``(1) the fiscal year with respect to which the 
        budget is submitted; and</DELETED>
        <DELETED>    ``(2) at least the 4 succeeding fiscal 
        years.</DELETED>
<DELETED>    ``(c) Consistent Amounts.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall ensure that 
        amounts described in paragraph (2)(A) for any fiscal year are 
        consistent with amounts described in paragraph (2)(B) for that 
        fiscal year.</DELETED>
        <DELETED>    ``(2) Amounts.--Amounts referred to in paragraph 
        (1) are the following:</DELETED>
                <DELETED>    ``(A) The amounts specified in program and 
                budget information submitted to Congress by the 
                Secretary in support of expenditure estimates and 
                proposed appropriations in the budget submitted to 
                Congress by the President under section 1105(a) of 
                title 31, United States Code, for any fiscal year, as 
                indicated in the future-years Department of Energy 
                program submitted pursuant to subsection (a).</DELETED>
                <DELETED>    ``(B) The total amounts of estimated 
                expenditures and proposed appropriations necessary to 
                support the programs, projects, and activities of the 
                Department of Energy included pursuant to section 
                1105(a)(5) of title 31, United States Code, in the 
                budget submitted to Congress under that section for any 
                fiscal year.</DELETED>
<DELETED>    ``(d) Management Contingencies.--Subject to subsection 
(c), nothing in this section prohibit the inclusion in the future-years 
Department of Energy programs of amounts for management 
contingencies.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents in the 
first section of the Department of Energy Organization Act (42 U.S.C. 
7101) is amended by adding at the end of the items relating to part C 
of title VI the following:</DELETED>

<DELETED>``Sec. 664. Future-Years Department of Energy program.''.

<DELETED>SEC. 4. OTHER TRANSACTIONS AUTHORITY.</DELETED>

<DELETED>    (a) In General.--Section 646 of the Department of Energy 
Organization Act (42 U.S.C. 7256) is amended by striking subsection (g) 
and inserting the following:</DELETED>
<DELETED>    ``(g) Authority To Enter Into Other Transactions.--
</DELETED>
        <DELETED>    ``(1) In general.--In addition to any other 
        authority granted to the Secretary to enter into procurement 
        contracts, leases, cooperative agreements, grants, and certain 
        arrangements, the Secretary may enter into other transactions 
        with public agencies, private organizations, or other persons 
        on such terms as the Secretary considers appropriate to further 
        functions vested in the Secretary, including research, 
        development, or demonstration projects.</DELETED>
        <DELETED>    ``(2) Advance payments.--Notwithstanding any other 
        provision of law, the Secretary may exercise authority provided 
        under paragraph (1) without regard to section 3324 of title 31, 
        United States Code.</DELETED>
        <DELETED>    ``(3) Relationship to other law.--The authority of 
        the Secretary under paragraph (1) shall not be subject to--
        </DELETED>
                <DELETED>    ``(A) section 9 of the Federal Nonnuclear 
                Energy Research and Development Act of 1974 (42 U.S.C. 
                5908); or</DELETED>
                <DELETED>    ``(B) section 152 of the Atomic Energy Act 
                of 1954 (42 U.S.C. 2182).</DELETED>
        <DELETED>    ``(4) Protection of certain information from 
        disclosure.--</DELETED>
                <DELETED>    ``(A) In general.--Notwithstanding any 
                other provision of law, disclosure of information 
                described in subparagraph (B) is not required, and may 
                not be compelled, under section 552 of title 5, United 
                States Code, during the 5-year period beginning on the 
                date on which the information is received by the 
                Department.</DELETED>
                <DELETED>    ``(B) Award information.--The information 
                described in this subparagraph is information in the 
                records of the Department that--</DELETED>
                        <DELETED>    ``(i) was submitted--</DELETED>
                                <DELETED>    ``(I) to the Department as 
                                part of a competitive or noncompetitive 
                                process with the potential to result in 
                                an award to the person submitting the 
                                information; and</DELETED>
                                <DELETED>    ``(II) in conjunction with 
                                a transaction entered into by the 
                                Secretary pursuant to paragraph (1); 
                                and</DELETED>
                        <DELETED>    ``(ii) is--</DELETED>
                                <DELETED>    ``(I) a proposal, proposal 
                                abstract, and supporting 
                                documents;</DELETED>
                                <DELETED>    ``(II) a business plan 
                                submitted on a confidential basis; 
                                or</DELETED>
                                <DELETED>    ``(III) technical 
                                information submitted on a confidential 
                                basis.</DELETED>
        <DELETED>    ``(5) Requirements.--</DELETED>
                <DELETED>    ``(A) Selection procedures.--In entering 
                into transactions under paragraph (1), the Secretary 
                shall use such competitive, merit-based selection 
                procedures as the Secretary determines in writing to be 
                practicable.</DELETED>
                <DELETED>    ``(B) Determination.--Before entering into 
                a transaction under paragraph (1), the Secretary shall 
                determine in writing that the use of a standard 
                contract, grant, or cooperative agreement for the 
                project is not feasible or appropriate.</DELETED>
                <DELETED>    ``(C) Cost sharing.--A transaction under 
                paragraph (1) shall be subject to cost sharing in 
                accordance with section 988 of the Energy Policy Act of 
                2005 (42 U.S.C. 16352).</DELETED>
                <DELETED>    ``(D) Limitation on delegation.--The 
                authority of the Secretary under this subsection may be 
                delegated only to an officer of the Department who is 
                appointed by the President by and with the advice and 
                consent of the Senate and may not be redelegated to any 
                other person.</DELETED>
        <DELETED>    ``(6) Annual reports.--Not later than 1 year after 
        the date of enactment of the Department of Energy 
        Administrative Improvement Act of 2011 and annually thereafter, 
        the Secretary shall submit to Congress an annual report on the 
        transactions entered into by the Secretary pursuant to the 
        authorities provided under this subsection.</DELETED>
        <DELETED>    ``(7) Report.--</DELETED>
                <DELETED>    ``(A) Definition of nontraditional 
                government contractor.--In this paragraph, the term 
                `nontraditional Government contractor' has the meaning 
                given the term `nontraditional defense contractor' in 
                section 845(f) of the National Defense Authorization 
                Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 
                2371 note).</DELETED>
                <DELETED>    ``(B) Report.--Not later than 2 years 
                after the date of enactment of this subparagraph, and 2 
                years thereafter, the Comptroller General of the United 
                States shall submit to Congress a report describing--
                </DELETED>
                        <DELETED>    ``(i) the use by the Department of 
                        authorities under this section, including the 
                        ability to attract nontraditional Government 
                        contractors; and</DELETED>
                        <DELETED>    ``(ii) whether additional 
                        safeguards are necessary to carry out the 
                        authorities.''.</DELETED>
<DELETED>    (b) Implementation.--</DELETED>
        <DELETED>    (1) In general.--The final rule of the Department 
        of Energy entitled ``Assistance Regulations'' (71 Fed. Reg. 
        27158 (May 9, 2006)) shall be applicable to transactions under 
        section 646 of the Department of Energy Organization Act (42 
        U.S.C. 7256) (as amended by subsection (a)).</DELETED>
        <DELETED>    (2) Regulations.--The Secretary may revise, 
        supplement, or replace such regulations as the Secretary 
        determines necessary to implement the amendment made by 
        subsection (a).</DELETED>

<DELETED>SEC. 5. PROTECTION OF RESULTS.</DELETED>

<DELETED>    (a) In General.--Subject to subsection (b) and 
notwithstanding any other provision of law, during a period of not more 
than 5 years after the development of information in any transaction 
authorized to be entered into by the Department of Energy, the 
Secretary may provide appropriate protections against the dissemination 
of the information, including exemption from subchapter II of chapter 5 
of title 5, United States Code.</DELETED>
<DELETED>    (b) Applicable Information.--This section applies to 
information that--</DELETED>
        <DELETED>    (1) results from a transaction entered into by the 
        Secretary pursuant to this title or an amendment made by this 
        title; and</DELETED>
        <DELETED>    (2) is of a character that would be protected from 
        disclosure under section 552(b)(4) of title 5, United States 
        Code, if the information had been obtained from a person other 
        than an agent or employee of the Federal Government.</DELETED>

<DELETED>SEC. 6. DIRECT HIRE AUTHORITY.</DELETED>

<DELETED>    (a) In General.--Notwithstanding sections 3304 and 3309 
through 3318 of title 5, United States Code, the Secretary may, upon a 
determination that there is a severe shortage of candidates or a 
critical hiring need for particular positions, recruit and directly 
appoint highly qualified scientists, engineers, or critical technical 
personnel into the competitive service.</DELETED>
<DELETED>    (b) Exception.--The authority granted under subsection (a) 
shall not apply to positions in the excepted service or the Senior 
Executive Service.</DELETED>
<DELETED>    (c) Requirements.--In exercising the authority granted 
under subsection (a), the Secretary shall ensure that any action taken 
by the Secretary--</DELETED>
        <DELETED>    (1) is consistent with the merit principles of 
        section 2301 of title 5, United States Code; and</DELETED>
        <DELETED>    (2) complies with the public notice requirements 
        of section 3327 of title 5, United States Code.</DELETED>
<DELETED>    (d) Termination of Effectiveness.--The authority provided 
by this section terminates effective on the date that is 2 years after 
the date of enactment of this Act.</DELETED>

<DELETED>SEC. 7. CRITICAL PAY AUTHORITY.</DELETED>

<DELETED>    (a) In General.--Notwithstanding section 5377 of title 5, 
United States Code, and without regard to the provisions of that title 
governing appointments in the competitive service or the Senior 
Executive Service and chapters 51 and 53 of that title (relating to 
classification and pay rates), the Secretary may establish, fix the 
compensation of, and appoint individuals to critical positions needed 
to carry out the functions of the Department of Energy, if the 
Secretary certifies that--</DELETED>
        <DELETED>    (1) the positions--</DELETED>
                <DELETED>    (A) require expertise of an extremely high 
                level in a scientific or technical field; and</DELETED>
                <DELETED>    (B) the Department of Energy would not 
                successfully accomplish an important mission without 
                such an individual; and</DELETED>
        <DELETED>    (2) exercise of the authority is necessary to 
        recruit an individual exceptionally well qualified for the 
        position.</DELETED>
<DELETED>    (b) Limitations.--The authority granted under subsection 
(a) shall be subject to the following conditions:</DELETED>
        <DELETED>    (1) The number of critical positions authorized by 
        subsection (a) may not exceed 40 at any 1 time in the 
        Department of Energy.</DELETED>
        <DELETED>    (2) The term of an appointment under subsection 
        (a) may not exceed 4 years.</DELETED>
        <DELETED>    (3) An individual appointed under subsection (a) 
        may not have been a Department of Energy employee within the 2 
        years prior to the date of appointment.</DELETED>
        <DELETED>    (4) Total annual compensation for any individual 
        appointed under subsection (a) may not exceed the highest total 
        annual compensation payable at the rate determined under 
        section 104 of title 3, United States Code.</DELETED>
        <DELETED>    (5) An individual appointed under subsection (a) 
        may not be considered to be an employee for purposes of 
        subchapter II of chapter 75 of title 5, United States 
        Code.</DELETED>
<DELETED>    (c) Notification.--Each year, the Secretary shall submit 
to Congress a notification that lists each individual appointed under 
this section.</DELETED>

<DELETED>SEC. 8. REEMPLOYMENT OF CIVILIAN RETIREES.</DELETED>

<DELETED>    (a) In General.--Notwithstanding part 553 of title 5, Code 
of Federal Regulations (relating to reemployment of civilian retirees 
to meet exceptional employment needs), or successor regulations, the 
Secretary may approve the reemployment of an individual to a particular 
position without reduction or termination of annuity if the hiring of 
the individual is necessary to carry out a critical function of the 
Department of Energy for which the Department has encountered 
exceptional difficulty in recruiting or retaining suitably qualified 
candidates.</DELETED>
<DELETED>    (b) Limitations.--An annuitant hired with full salary and 
annuities under the authority granted by subsection (a)--</DELETED>
        <DELETED>    (1) shall not be considered an employee for 
        purposes of subchapter III of chapter 83 and chapter 84 of 
        title 5, United States Code;</DELETED>
        <DELETED>    (2) may not elect to have retirement contributions 
        withheld from the pay of the annuitant;</DELETED>
        <DELETED>    (3) may not use any employment under this section 
        as a basis for a supplemental or recomputed annuity; 
        and</DELETED>
        <DELETED>    (4) may not participate in the Thrift Savings Plan 
        under subchapter III of chapter 84 of title 5, United States 
        Code.</DELETED>
<DELETED>    (c) Limitation on Term.--The term of employment of any 
individual hired under subsection (a) may not exceed an initial term of 
2 years, with an additional 2-year appointment under exceptional 
circumstances.</DELETED>

<DELETED>SEC. 9. DEFINITION OF NATIONAL LABORATORY.</DELETED>

<DELETED>    Section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 
15801(3)) is amended by striking subparagraph (P) and inserting the 
following:</DELETED>
                <DELETED>    ``(P) SLAC National Accelerator 
                Laboratory.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy Administrative 
Improvement Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 3. FUTURE-YEARS DEPARTMENT OF ENERGY PROGRAM.

    (a) In General.--Part C of title VI of the Department of Energy 
Organization Act (42 U.S.C. 7251 et seq.) is amended by adding at the 
end the following:

``SEC. 664. FUTURE-YEARS DEPARTMENT OF ENERGY PROGRAM.

    ``(a) In General.--At or about the time the budget of the President 
is submitted to Congress for each year under section 1105(a) of title 
31, United States Code, the Secretary shall submit to Congress a 
future-years Department of Energy program (including associated 
annexes) reflecting the estimated expenditures and proposed 
appropriations included in the budget.
    ``(b) Fiscal Year.--Any future-years Department of Energy program 
submitted under subsection (a) shall cover--
            ``(1) the fiscal year with respect to which the budget is 
        submitted; and
            ``(2) at least the 4 succeeding fiscal years.
    ``(c) Consistent Amounts.--
            ``(1) In general.--The Secretary shall ensure that amounts 
        described in paragraph (2)(A) for any fiscal year are 
        consistent with amounts described in paragraph (2)(B) for that 
        fiscal year.
            ``(2) Amounts.--Amounts referred to in paragraph (1) are 
        the following:
                    ``(A) The amounts specified in program and budget 
                information submitted to Congress by the Secretary in 
                support of expenditure estimates and proposed 
                appropriations in the budget submitted to Congress by 
                the President under section 1105(a) of title 31, United 
                States Code, for any fiscal year, as indicated in the 
                future-years Department of Energy program submitted 
                pursuant to subsection (a).
                    ``(B) The total amounts of estimated expenditures 
                and proposed appropriations necessary to support the 
                programs, projects, and activities of the Department of 
                Energy included pursuant to section 1105(a)(5) of title 
                31, United States Code, in the budget submitted to 
                Congress under that section for any fiscal year.
    ``(d) Management Contingencies.--Subject to subsection (c), nothing 
in this section prohibits the inclusion in the future-years Department 
of Energy programs of amounts for management contingencies.''.
    (b) Conforming Amendment.--The table of contents in the first 
section of the Department of Energy Organization Act (42 U.S.C. 7101) 
is amended by adding at the end of the items relating to part C of 
title VI the following:

``Sec. 664. Future-Years Department of Energy program.''.

SEC. 4. OTHER TRANSACTIONS AUTHORITY.

    (a) In General.--Section 646 of the Department of Energy 
Organization Act (42 U.S.C. 7256) is amended by striking subsection (g) 
and inserting the following:
    ``(g) Authority To Enter Into Other Transactions.--
            ``(1) In general.--In addition to any other authority 
        granted to the Secretary to enter into procurement contracts, 
        leases, cooperative agreements, grants, and certain 
        arrangements, the Secretary may enter into other transactions 
        with public agencies, private organizations, or other persons 
        on such terms as the Secretary considers appropriate to further 
        functions vested in the Secretary, including research, 
        development, or demonstration projects.
            ``(2) Advance payments.--Notwithstanding any other 
        provision of law, the Secretary may exercise authority provided 
        under paragraph (1) without regard to section 3324 of title 31, 
        United States Code.
            ``(3) Relationship to other law.--The authority of the 
        Secretary under paragraph (1) shall not be subject to--
                    ``(A) section 9 of the Federal Nonnuclear Energy 
                Research and Development Act of 1974 (42 U.S.C. 5908); 
                or
                    ``(B) section 152 of the Atomic Energy Act of 1954 
                (42 U.S.C. 2182).
            ``(4) Protection of certain information from disclosure.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, disclosure of information described 
                in subparagraph (B) is not required, and may not be 
                compelled, under section 552 of title 5, United States 
                Code, during the 5-year period beginning on the date on 
                which the information is received by the Department.
                    ``(B) Award information.--The information described 
                in this subparagraph is information in the records of 
                the Department that--
                            ``(i) was submitted--
                                    ``(I) to the Department as part of 
                                a competitive or noncompetitive process 
                                with the potential to result in an 
                                award to the person submitting the 
                                information; and
                                    ``(II) in conjunction with a 
                                transaction entered into by the 
                                Secretary pursuant to paragraph (1); 
                                and
                            ``(ii) is--
                                    ``(I) a proposal, proposal 
                                abstract, and supporting documents;
                                    ``(II) a business plan submitted on 
                                a confidential basis; or
                                    ``(III) technical information 
                                submitted on a confidential basis.
            ``(5) Requirements.--
                    ``(A) Selection procedures.--In entering into 
                transactions under paragraph (1), the Secretary shall 
                use such competitive, merit-based selection procedures 
                as the Secretary determines in writing to be 
                practicable.
                    ``(B) Determination.--Before entering into a 
                transaction under paragraph (1), the Secretary shall 
                determine in writing that the use of a standard 
                contract, grant, or cooperative agreement for the 
                project is not feasible or appropriate.
                    ``(C) Cost sharing.--A transaction under paragraph 
                (1) shall be subject to cost sharing in accordance with 
                section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
                16352).
                    ``(D) Limitation on delegation.--The authority of 
                the Secretary under this subsection may be delegated 
                only to an officer of the Department who is appointed 
                by the President by and with the advice and consent of 
                the Senate and may not be redelegated to any other 
                person.
            ``(6) Annual reports.--Not later than 1 year after the date 
        of enactment of the Department of Energy Administrative 
        Improvement Act of 2011 and annually thereafter, the Secretary 
        shall submit to Congress an annual report on the transactions 
        entered into by the Secretary pursuant to the authorities 
        provided under this subsection.
            ``(7) Report.--
                    ``(A) Definition of nontraditional government 
                contractor.--In this paragraph, the term 
                `nontraditional Government contractor' has the meaning 
                given the term `nontraditional defense contractor' in 
                section 845(f) of the National Defense Authorization 
                Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 
                2371 note).
                    ``(B) Report.--Not later than 2 years after the 
                date of enactment of this subparagraph, and 2 years 
                thereafter, the Comptroller General of the United 
                States shall submit to Congress a report describing--
                            ``(i) the use by the Department of 
                        authorities under this section, including the 
                        ability to attract nontraditional Government 
                        contractors; and
                            ``(ii) whether additional safeguards are 
                        necessary to carry out the authorities.''.
    (b) Implementation.--
            (1) In general.--The final rule of the Department entitled 
        ``Assistance Regulations'' (71 Fed. Reg. 27158 (May 9, 2006)) 
        shall be applicable to transactions under section 646 of the 
        Department of Energy Organization Act (42 U.S.C. 7256) (as 
        amended by subsection (a)).
            (2) Regulations.--The Secretary may revise, supplement, or 
        replace such regulations as the Secretary determines necessary 
        to implement the amendment made by subsection (a).

SEC. 5. PROTECTION OF RESULTS.

    (a) In General.--Subject to subsection (b) and notwithstanding any 
other provision of law, during a period of not more than 5 years after 
the development of information in any transaction authorized to be 
entered into by the Department, the Secretary may provide appropriate 
protections against the dissemination of the information, including 
exemption from subchapter II of chapter 5 of title 5, United States 
Code.
    (b) Applicable Information.--This section applies to information 
that--
            (1) results from a transaction entered into by the 
        Secretary relating to research, development, demonstration, or 
        commercial application; and
            (2) is of a character that would be protected from 
        disclosure under section 552(b)(4) of title 5, United States 
        Code.

SEC. 6. EMPLOYMENT OF PERSONNEL.

    (a) In General.--Subject to subsections (b) through (d), the 
Secretary may appoint, without regard to the provisions of chapter 33 
of title 5, United States Code, governing appointments in the 
competitive service, exceptionally well qualified individuals to 
scientific, engineering, or other critical technical positions.
    (b) Limitations.--
            (1) Number of positions.--The number of critical positions 
        authorized by subsection (a) may not exceed 120 at any 1 time 
        in the Department.
            (2) Term.--The term of an appointment under subsection (a) 
        may not exceed 4 years.
            (3) Prior employment.--An individual appointed under 
        subsection (a) shall not have been a Department employee during 
        the 2-year period ending on the date of appointment.
            (4) Pay.--
                    (A) In general.--The Secretary shall have the 
                authority to fix the basic pay of an individual 
                appointed under subsection (a) at a rate to be 
                determined by the Secretary up to level I of the 
                Executive Schedule without regard to the civil service 
                laws.
                    (B) Total annual compensation.--The total annual 
                compensation for any individual appointed under 
                subsection (a) may not exceed the highest total annual 
                compensation payable at the rate determined under 
                section 104 of title 3, United States Code.
            (5) Adverse actions.--An individual appointed under 
        subsection (a) may not be considered to be an employee for 
        purposes of subchapter II of chapter 75 of title 5, United 
        States Code.
    (c) Requirements.--
            (1) In general.--The Secretary shall ensure that--
                    (A) the exercise of the authority granted under 
                subsection (a) is consistent with the merit principles 
                of section 2301 of title 5, United States Code; and
                    (B) the Department notifies diverse professional 
                associations and institutions of higher education, 
                including those serving the interests of women and 
                racial or ethnic minorities that are underrepresented 
                in scientific, engineering, and mathematical fields, of 
                position openings as appropriate.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary and the Director of the 
        Office of Personnel Management shall submit to Congress a 
        report on the use of the authority provided under this section 
        that includes, at a minimum, a description or analysis of--
                    (A) the ability to attract exceptionally well 
                qualified scientists, engineers, and technical 
                personnel;
                    (B) the amount of total compensation paid each 
                employee hired under the authority each calendar year; 
                and
                    (C) whether additional safeguards or measures are 
                necessary to carry out the authority and, if so, what 
                action, if any, has been taken to implement the 
                safeguards or measures.
    (d) Termination of Effectiveness.--The authority provided by this 
section terminates effective on the date that is 4 years after the date 
of enactment of this Act.

SEC. 7. REEMPLOYMENT OF CIVILIAN RETIREES.

    (a) In General.--The Secretary may waive the application of section 
8344 or 8468 of title 5, United States Code, on a case-by-case basis, 
for the employment of an annuitant in a position if the employment of 
the individual is necessary to carry out a critical function of the 
Department for which the Department has encountered exceptional 
difficulty in recruiting or retaining suitably qualified candidates.
    (b) Limitation.--An annuitant employed under the authority granted 
by subsection (a) shall not be considered an employee for purposes of 
subchapter III of chapter 83 and chapter 84 of title 5, United States 
Code.
    (c) Limitation on Term.--The term of employment of any individual 
hired under subsection (a) may not exceed an initial term of 2 years, 
with an additional 2-year appointment under exceptional circumstances.
    (d) Termination of Effectiveness.--The authority provided by this 
section terminates effective on the date that is 4 years after the date 
of enactment of this Act.

SEC. 8. DEFINITION OF NATIONAL LABORATORY.

    Section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)) 
is amended by striking subparagraph (P) and inserting the following:
                    ``(P) SLAC National Accelerator Laboratory.''.
                                                       Calendar No. 316

112th CONGRESS

  2d Session

                                S. 1160

                          [Report No. 112-147]

_______________________________________________________________________

                                 A BILL

  To improve the administration of the Department of Energy, and for 
                            other purposes.

_______________________________________________________________________

                            February 7, 2012

                       Reported with an amendment