I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Energy

5 Laboratory Facilities Act of 1994’’.

6 SEC. 2. DEPARTMENT OF ENERGY LABORATORY FACILI7 TIES COMMISSION.

8 (a) ESTABLISHMENT.—There is established an inde9 pendent commission to be known as the ‘‘Department of

10 Energy Laboratory Facilities Commission’’.
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1 (b) DUTIES.—The Commission shall carry out the

2 duties specified for the Commission in this Act.

3 (c) APPOINTMENT.—

4 (1) IN GENERAL.—The Commission shall be

5 composed of 7 members appointed by the President,

6 by and with the advise and consent of the Senate.

7 The President shall transmit to the Senate the

8 nominations for appointment to the Commission not

9 later than 3 months after the date of the enactment

10 of this Act.

11 (2) CONSULTATION.—In selecting individuals

12 for nominations for appointments to the Commis13 sion, the President should consult with—

14 (A) the Speaker of the House of Rep15 resentatives concerning the appointment of 1

16 member;

17 (B) the majority leader of the Senate con18 cerning the appointment of 1 member;

19 (C) the minority leader of the House of

20 Representatives concerning the appointment of

21 1 member; and

22 (D) the minority leader of the Senate con23 cerning the appointment of 1 member.

24 (3) CHAIRPERSON.—At the time the President

25 nominates individuals for appointment to the Com-
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1 mission, the President shall designate one such indi2 vidual who shall serve as Chairperson of the Com3 mission.

4 (d) TERMS.—Each member of the Commission shall

5 serve until the termination of the Commission under sub6 section (l).

7 (e) MEETINGS.—Each meeting of the Commission,

8 other than meetings in which classified information is to

9 be discussed, shall be open to the public.

10 (f) VACANCIES.—A vacancy in the Commission shall

11 be filled in the same manner as the original appointment,

12 but the individual appointed to fill the vacancy shall serve

13 only for the unexpired portion of the term for which the

14 individual’s predecessor was appointed.

15 (g) PAY AND TRAVEL EXPENSES.—

16 (1) IN GENERAL.—

17 (A) BASIC PAY.—Each member, other than

18 the Chairperson, shall be paid at a rate equal

19 to the daily equivalent of the minimum annual

20 rate of basic pay payable for level IV of the Ex21 ecutive Schedule under section 5315 of title 5,

22 United States Code, for each day (including

23 travel time) during which the member is en24 gaged in the actual performance of duties vest25 ed in the Commission.
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1 (B) PAY OF CHAIRPERSON.—The Chair2 person shall be paid for each day referred to in

3 subparagraph (A) at a rate equal to the daily

4 equivalent of the minimum annual rate of basic

5 pay payable for level III of the Executive

6 Schedule under section 5314 of title 5, United

7 States Code.

8 (2) TRAVEL EXPENSES.—Members shall receive

9 travel expenses, including per diem in lieu of subsist10 ence, in accordance with sections 5702 and 5703 of

11 title 5, United States Code.

12 (h) DIRECTOR.—

13 (1) IN GENERAL.—The Commission shall, with14 out regard to section 5311(b) of title 5, United

15 States Code, appoint a Director who—

16 (A) has not served as a civilian employee

17 of the Department of Energy during the one18 year period preceding the date of such appoint19 ment;

20 (B) has not been an employee of a depart21 mental laboratory during the 5-year period pre22 ceding the date of such appointment; and

23 (C) has not been an employee of a contrac24 tor operating a departmental laboratory during
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1 the 5-year period preceding the date of such ap2 pointment.

3 (2) PAY.—The Director shall be paid at the

4 rate of basic pay payable for level IV of the Execu5 tive Schedule under section 5315 of title 5, United

6 States Code.

7 (i) STAFF.—

8 (1) APPOINTMENT BY DIRECTOR.—Subject to

9 subparagraphs (B) and (C), the Director, with the

10 approval of the Commission, may appoint and fix

11 the pay of additional personnel.

12 (2) APPLICABILITY OF CERTAIN CIVIL SERVICE

13 LAWS.—The Director may make such appointments

14 without regard to the provisions of title 5, United

15 States Code, governing appointments in the competi16 tive service, and any personnel so appointed may be

17 paid without regard to the provisions of chapter 51

18 and subchapter III of chapter 53 of that title relat19 ing to classification and General Schedule pay rates,

20 except that an individual so appointed may not re21 ceive pay in excess of the annual rate of basic pay

22 payable for level IV of the Executive Schedule under

23 section 5315 of title 5, United States Code.

24 (3) LIMITATIONS.—Not more than one-third of

25 the personnel employed by or detailed to the Com-
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1 mission may be on detail from the Department of

2 Energy. No employee of a departmental laboratory,

3 or of a contractor who operates a departmental lab4 oratory, may be detailed to the Commission.

5 (4) SUPPORT FROM OTHER AGENCIES.—Upon

6 request of the Director, the head of a Federal agen7 cy may detail any of the personnel of that agency to

8 the Commission to assist the Commission in carry9 ing out its duties under this section.

10 (5) SUPPORT FROM COMPTROLLER GENERAL.—

11 The Comptroller General of the United States shall

12 provide assistance, including the detailing of employ13 ees, to the Commission in accordance with an agree14 ment entered into with the Commission.

15 (j) OTHER AUTHORITY.—

16 (1) TEMPORARY AND INTERMITTENT SERV17 ICES.—The Commission may procure by contract, to

18 the extent funds are available, the temporary or

19 intermittent services of experts or consultants pursu20 ant to section 3109 of title 5, United States Code.

21 (2) AUTHORITY TO LEASE SPACE AND ACQUIRE

22 CERTAIN PROPERTY.—The Commission may lease

23 space and acquire personal property to the extent

24 funds are available. To the extent practicable, the

25 Commission shall use suitable real property available
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1 under the most recent inventory of real property as2 sets published by the Resolution Trust Corporation

3 under section 21A(b)(11)(F) of the Federal Home

4 Loan Bank Act (12 U.S.C. 1441a(b)(12)(F)).

5 (k) FUNDING.—There are authorized to be appro6 priated to the Commission such funds as are necessary

7 to carry out its duties under this section. Such funds shall

8 remain available until expended.

9 (l) TERMINATION.—The Commission shall terminate

10 not later than 20 months after the date of the enactment

11 of this Act.

12 SEC. 3. PROCEDURE FOR MAKING RECOMMENDATIONS

13 FOR LABORATORY FACILITIES.

14 (a) SELECTION CRITERIA.—

15 (1) IN GENERAL.—Not later than 3 months

16 after the date of the enactment of this Act, the Sec17 retary of Energy shall publish in the Federal Reg18 ister and transmit to the congressional energy com19 mittees the criteria proposed to be used by the Sec20 retary in making recommendations for the closure or

21 reconfiguration of departmental laboratories result22 ing in cost savings for the overall budget for such

23 laboratories. The Secretary shall provide an oppor24 tunity for public comment on the proposed criteria

25 for a period of at least 30 days and shall include no-
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1 tice of that opportunity in the publication required

2 under this paragraph. In developing the criteria, the

3 Secretary shall consider—

4 (A) the program costs and program dis5 tributions on a State and county basis, includ6 ing real and personal property costs associated

7 with each departmental laboratory considered;

8 (B) the number of participants in pro9 grams conducted through a departmental lab10 oratory and staff resources involved;

11 (C) duplication of effort by departmental

12 laboratories and overhead costs as a proportion

13 of program benefits distributed through a de14 partmental laboratory;

15 (D) cost savings and increases that would

16 accrue through the reconfiguration of depart17 mental laboratories;

18 (E) changes in the roles and missions of

19 each departmental laboratory; and

20 (F) the privatization of the laboratories as

21 an alternative to closure or reconfiguration.

22 (2) FINAL CRITERIA.—Not later than 5 months

23 after the date of the enactment of this Act, the Sec24 retary shall publish in the Federal Register and

25 transmit to the congressional energy committees the
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1 final criteria to be used in making recommendations

2 for the closure or reconfiguration of departmental

3 laboratories under this section.

4 (b) SECRETARY’S RECOMMENDATIONS.—

5 (1) PUBLICATION IN FEDERAL REGISTER.—Not

6 later than 1 year after the date of the enactment of

7 this Act, the Secretary shall publish in the Federal

8 Register and transmit to the congressional energy

9 committees and to the Commission a list of the de10 partmental laboratories that the Secretary rec11 ommends for closure or reconfiguration on the basis

12 of the final criteria referred to in subsection (a).

13 (2) SUMMARY OF SELECTION PROCESS.—The

14 Secretary shall include, with the list of recommenda15 tions published and transmitted pursuant to para16 graph (1), a summary of the selection process that

17 resulted in the recommendation for each depart18 mental laboratory, including a justification for each

19 recommendation.

20 (c) EQUAL CONSIDERATION OF LABORATORIES.—In

21 considering departmental laboratories for closure or recon22 figuration, the Secretary shall consider all such labora23 tories equally without regard to whether a laboratory has

24 been previously considered or proposed for closure or re25 configuration by the Secretary.
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1 (d) AVAILABILITY OF INFORMATION.—The Secretary

2 shall make available to the Commission and the Comptrol3 ler General of the United States all information used by

4 the Secretary in making recommendations to the Commis5 sion for closures and reconfiguration.

6 (e) REVIEW AND RECOMMENDATIONS BY THE COM7 MISSION.—

8 (1) PUBLIC HEARINGS.—After receiving the

9 recommendations from the Secretary pursuant to

10 subsection (b), the Commission shall conduct public

11 hearings on the recommendations.

12 (2) REPORT.—Not later than 18 months after

13 the date of the enactment of this Act, the Commis14 sion shall transmit to the President and the congres15 sional energy committees a report containing the

16 Commission’s findings and conclusions based on a

17 review and analysis of the recommendations made by

18 the Secretary, together with the Commission’s rec19 ommendations for closures and reconfigurations of

20 departmental laboratories. In conducting such review

21 and analysis, the Commission shall consider all de22 partmental laboratories.

23 (3) DEVIATION FROM SECRETARY’S REC24 OMMENDATIONS.—In making its recommendations,

25 the Commission may make changes in any of the
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1 recommendations made by the Secretary if the Com2 mission determines that the Secretary deviated sub3 stantially from the final criteria referred to in sub4 section (a) in making recommendations. The Com5 mission shall explain and justify in the report any

6 recommendation made by the Commission that is

7 different from the recommendations made by the

8 Secretary.

9 (4) PROVISION OF CERTAIN INFORMATION.—

10 After transmitting the report, the Commission shall

11 promptly provide, upon request, to any Member of

12 Congress information used by the Commission in

13 making its recommendations.

14 (f) ASSISTANCE FROM COMPTROLLER GENERAL.—

15 The Comptroller General of the United States shall—

16 (1) assist the Commission, to the extent re17 quested, in the Commission’s review and analysis of

18 the recommendations made by the Secretary pursu19 ant to subsection (b); and

20 (2) not later than 15 months after the date of

21 the enactment of this Act, transmit to the congres22 sional energy committees and to the Commission a

23 report containing a detailed analysis of the Sec24 retary’s recommendations and selection process.

25 (g) REVIEW BY THE PRESIDENT.—
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1 (1) IN GENERAL.—Not later than 19 months

2 after the date of the enactment of this Act, the

3 President shall transmit to the Commission and to

4 the congressional energy committees a report con5 taining the President’s approval or disapproval of

6 the Commission’s recommendations.

7 (2) PRESIDENTIAL APPROVAL.—If the Presi8 dent approves all of the recommendations of the

9 Commission, the President shall transmit a copy of

10 such recommendations to the congressional energy

11 committees together with a certification of such ap12 proval.

13 (3) PRESIDENTIAL DISAPPROVAL.—If the

14 President disapproves the recommendations of the

15 Commission, in whole or in part, the President shall

16 transmit to the Commission and the congressional

17 energy committees the reasons for that disapproval.

18 The Commission shall then transmit to the Presi19 dent, not later than 20 months after the date of the

20 enactment of this Act, a revised list of recommenda21 tions for the closure and reconfiguration of depart22 mental laboratories resulting in cost savings for the

23 overall budget for such departmental laboratories.

24 (4) CERTIFICATION.—If the President approves

25 all of the revised recommendations of the Commis-
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1 sion transmitted to the President under paragraph

2 (3), the President shall transmit a copy of such re3 vised recommendations to the congressional energy

4 committees, together with a certification of such ap5 proval.

6 (5) FAILURE TO CERTIFY.—If the President

7 does not transmit to the congressional energy com8 mittees an approval and certification described in

9 paragraph (2) or (4) by 21 months after the date of

10 the enactment of this Act, the process by which de11 partmental laboratories may be selected for closure

12 or reconfiguration under this section shall be termi13 nated.

14 SEC. 4. CLOSURE AND RECONFIGURATION OF DEPART15 MENTAL LABORATORIES.

16 (a) IN GENERAL.—Subject to subsection (b), the Sec17 retary shall—

18 (1) close all departmental laboratories rec19 ommended for closure by the Commission in the re20 port transmitted to the congressional energy com21 mittees by the President pursuant to section 3(g);

22 (2) reconfigure all such laboratories rec23 ommended for reconfiguration by the Commission in

24 the report; and
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1 (3) complete the closures and reconfigurations

2 not later than the end of the 6-year period beginning

3 on the date on which the President transmits the re4 port pursuant to section 3(g).

5 (b) CONGRESSIONAL DISAPPROVAL.—

6 (1) IN GENERAL.—The Secretary may not carry

7 out any closure or reconfiguration of a departmental

8 laboratory recommended by the Commission in the

9 report transmitted from the President pursuant to

10 section 3(g) if a joint resolution is enacted, in ac11 cordance with the provisions of section 8, disapprov12 ing the recommendations of the Commission before

13 the earlier of—

14 (A) the end of the 45-day period beginning

15 on the date on which the President transmits

16 the report; or

17 (B) the adjournment of Congress sine die

18 for the session during which the report is trans19 mitted.

20 (2) For purposes of paragraph (1) of this sub21 section and subsections (a) and (c) of section (8),

22 the days on which either House of Congress is not

23 in session because of an adjournment of more than

24 three days to a day certain shall be excluded in the

25 computation of a period.
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1 SEC. 5. IMPLEMENTATION OF CLOSURE AND RECONFIG2 URATION ACTIONS.

3 (a) ACTIONS OF THE SECRETARY.—In closing or

4 reconfiguring a departmental laboratory under this Act,

5 the Secretary shall—

6 (1) take such actions as may be necessary to

7 close or reconfigure the departmental laboratory;

8 (2) provide outplacement assistance to any em9 ployees employed by the Department of Energy at

10 the office whose employment is being terminated,

11 and may use for such purpose funds in the Account

12 or funds appropriated to the Department of Energy

13 for outplacement assistance to employees;

14 (3) take such steps as may be necessary to en15 sure the safe keeping of all records stored at the de16 partmental laboratory; and

17 (4) reimburse other Federal agencies for ac18 tions performed at the request of the Secretary with

19 respect to any such closure or reconfiguration, and

20 may use for such purpose funds in the Account or

21 funds appropriated to the Department of Energy

22 and available for such purpose.

23 (b) MANAGEMENT AND DISPOSAL OF PROPERTY.—

24 (1) IN GENERAL.—The Administrator of Gen25 eral Services shall delegate to the Secretary of En26 ergy, with respect to excess and surplus real prop-
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1 erty and facilities located at a departmental labora2 tory closed or reconfigured under this Act—

3 (A) the authority of the Administrator to

4 utilize excess property under section 202 of the

5 Federal Property and Administrative Services

6 Act of 1949 (40 U.S.C. 483);

7 (B) the authority of the Administrator to

8 dispose of surplus property under section 203

9 of that Act (40 U.S.C. 484);

10 (C) the authority of the Administrator to

11 grant approvals and make determinations under

12 section 13(g) of the Surplus Property Act of

13 1944 (50 U.S.C. App. 1622(g)); and

14 (D) the authority of the Administrator to

15 determine the availability of excess or surplus

16 real property for wildlife conservation purposes

17 in accordance with the Act of May 19, 1948

18 (16 U.S.C. 667b).

19 (2) EXERCISE OF AUTHORITY.—

20 (A) IN GENERAL.—Subject to subpara21 graph (C), the Secretary shall exercise the au22 thority delegated to the Secretary pursuant to

23 paragraph (1) in accordance with—

24 (i) all regulations in effect on the date

25 of the enactment of this Act governing the
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1 utilization of excess property and the dis2 posal of surplus property under the Fed3 eral Property and Administrative Services

4 Act of 1949; and

5 (ii) all regulations in effect on the

6 date of the enactment of this Act govern7 ing the conveyance and disposal of prop8 erty under section 13(g) of the Surplus

9 Property Act of 1944 (50 U.S.C. App.

10 1622(g)).

11 (B) REGULATIONS.—The Secretary, after

12 consulting with the Administrator of General

13 Services, may issue regulations that are nec14 essary to carry out the delegation of authority

15 required by paragraph (1).

16 (C) LIMITATION.—The authority required

17 to be delegated by paragraph (1) to the Sec18 retary by the Administrator of General Services

19 shall not include the authority to prescribe gen20 eral policies and methods for utilizing excess

21 property and disposing of surplus property.

22 (c) WAIVER.—The Secretary may close or reconfigure

23 departmental laboratories under this Act without regard

24 to any provision of law restricting the use of funds for
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1 closing or reconfiguring such departmental laboratories in2 cluded in any appropriations or authorization Act.

3 SEC. 6. ACCOUNT.

4 (a) ESTABLISHMENT.—There is hereby established

5 on the books of the Treasury an account to be known as

6 the ‘‘Department of Energy Laboratory Facility Closure

7 Account’’ which shall be administered by the Secretary as

8 a single account.

9 (b) CONTENT OF ACCOUNT.—There shall be depos10 ited into the Account—

11 (1) funds authorized for and appropriated to

12 the Account;

13 (2) any funds that the Secretary may, subject

14 to approval in an appropriation Act, transfer to the

15 Account from funds appropriated to the Department

16 of Energy for any purpose, except that such funds

17 may be transferred only after the date on which the

18 Secretary transmits written notice of, and justifica19 tion for, such transfer to the congressional energy

20 committees; and

21 (3) proceeds received from the transfer or dis22 posal of any property at an office closed or reconfig23 ured under this section.
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1 (c) USE OF FUNDS.—The Secretary may use the

2 funds in the Account only for the purposes described in

3 section 5(a).

4 (d) REPORTS.—

5 (1) IN GENERAL.—Not later than 60 days after

6 the end of each fiscal year in which the Secretary

7 carries out activities under this Act, the Secretary

8 shall transmit a report to the congressional energy

9 committees of the amount and nature of the deposits

10 into, and the expenditures from, the Account during

11 such fiscal year and of the amount and nature of

12 other expenditures made pursuant to section 5(a)

13 during such fiscal year.

14 (2) UNOBLIGATED FUNDS.—Unobligated funds

15 which remain in the Account after the termination

16 of the Commission shall be held in the Account until

17 transferred by law after the congressional energy

18 committees receive the report transmitted under

19 paragraph (3).

20 (3) ACCOUNTING REPORT.—Not later than 60

21 days after the termination of the Commission, the

22 Secretary shall transmit to the congressional energy

23 committees a report containing an accounting of—
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1 (A) all the funds deposited into and ex2 pended from the Account or otherwise expended

3 under this section; and

4 (B) any amount remaining in the Account.

5 SEC. 7. REPORTS ON IMPLEMENTATION.

6 As part of the budget request for each fiscal year in

7 which the Secretary will carry out activities under this

8 Act, the Secretary shall transmit to the congressional en9 ergy committees—

10 (1) a schedule of the closure and reconfigura11 tion actions to be carried out under this Act in the

12 fiscal year for which the request is made and an es13 timate of the total expenditures required and cost

14 savings to be achieved by each such closure and re15 configuration and of the time period in which these

16 savings are to be achieved in each case; and

17 (2) a description of the departmental labora18 tories, including those under construction and those

19 planned for construction, to which functions are to

20 be transferred as a result of such closures and

21 reconfigurations.

22 SEC. 8. CONGRESSIONAL CONSIDERATION OF COMMISSION

23 REPORT.

24 (a) TERMS OF THE RESOLUTION.—For purposes of

25 section 4(b), the term ‘‘joint resolution’’ means only a
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1 joint resolution which is introduced within the 10-day pe2 riod beginning on the date on which the President trans3 mits the report to the Congress under section 3(g), and—

4 (1) which does not have a preamble;

5 (2) the matter after the resolving clause of

6 which is as follows: ‘‘That Congress disapproves the

7 recommendations of the Department of Energy Lab8 oratory Facilities Commission as submitted by the

9 President on lll’’, the blank space being filled

10 in with the appropriate date; and

11 (3) the title of which is as follows: ‘‘Joint reso12 lution disapproving the recommendations of the De13 partment of Energy Laboratory Facilities Commis14 sion.’’.

15 (b) REFERRAL.—A resolution described in subsection

16 (a) that is introduced in the House of Representatives

17 shall be referred to the Committee on Armed Services and

18 the Committee on Science, Space, and Technology of the

19 House of Representatives. A resolution described in sub20 section (a) introduced in the Senate shall be referred to

21 the Committee on Armed Services and the Committee on

22 Energy and Natural Resources of the Senate.

23 (c) DISCHARGE.—If the committee to which a resolu24 tion described in subsection (a) is referred has not re25 ported such resolution (or an identical resolution) by the
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1 end of the 20-day period beginning on the date on which

2 the President transmits the report to the Congress under

3 section 3(g), such committee shall be, at the end of such

4 period, discharged from further consideration of such reso5 lution, and such resolution shall be placed on the appro6 priate calendar of the House involved.

7 (d) CONSIDERATION.—

8 (1) IN GENERAL.—On or after the third day

9 after the date on which the committee to which such

10 a resolution is referred has reported, or has been

11 discharged (under subsection (c)) from further con12 sideration of, such a resolution, it is in order (even

13 though a previous motion to the same effect has

14 been disagreed to) for any Member of the respective

15 House to move to proceed to the consideration of the

16 resolution (but only on the day after the calendar

17 day on which such Member announces to the House

18 concerned the Member’s intention to do so). All

19 points of order against the resolution (and against

20 consideration of the resolution) are waived. The mo21 tion is highly privileged in the House of Representa22 tives and is privileged in the Senate and is not de23 batable. The motion is not subject to amendment, or

24 to a motion to postpone, or to a motion to proceed

25 to the consideration of other business. A motion to
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1 reconsider the vote by which the motion is agreed to

2 or disagreed to shall not be in order. If a motion to

3 proceed to the consideration of the resolution is

4 agreed to, the respective House shall immediately

5 proceed to consideration of the joint resolution with6 out intervening motion, order, or other business, and

7 the resolution shall remain the unfinished business

8 of the respective House until disposed of.

9 (2) DEBATE.—Debate on the resolution, and on

10 all debatable motions and appeals in connection

11 therewith, shall be limited to not more than 2 hours,

12 which shall be divided equally between those favoring

13 and those opposing the resolution. An amendment to

14 the resolution is not in order. A motion further to

15 limit debate is in order and not debatable. A motion

16 to postpone, or a motion to proceed to the consider17 ation of other business, or a motion to recommit the

18 resolution is not in order. A motion to reconsider the

19 vote by which the resolution is agreed to or dis20 agreed to is not in order.

21 (3) QUORUM CALL.—Immediately following the

22 conclusion of the debate on a resolution described in

23 subsection (a) and a single quorum call at the con24 clusion of the debate if requested in accordance with
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1 the rules of the appropriate House, the vote on final

2 passage of the resolution shall occur.

3 (4) APPEALS FROM DECISION OF CHAIR.—Ap4 peals from the decisions of the Chair relating to the

5 application of the rules of the Senate or the House

6 of Representatives, as the case may be, to the proce7 dure relating to a resolution described in subsection

8 (a) shall be decided without debate.

9 (e) CONSIDERATION BY OTHER HOUSE.—

10 (1) If, before the passage by one House of a

11 resolution of that House described in subsection (a),

12 that House receives from the other House a resolu13 tion described in subsection (a), then the following

14 procedures shall apply:

15 (A) The resolution of the other House shall

16 not be referred to a committee and may not be

17 considered in the House receiving it except in

18 the case of final passage as provided in sub19 paragraph (B)(ii).

20 (B) With respect to a resolution described

21 in paragraph (1) of the House receiving the res22 olution—

23 (i) the procedure in that House shall

24 be the same as if no resolution had been

25 received from the other House; but
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1 (ii) the vote on final passage shall be

2 on the resolution of the other House.

3 (2) CONSIDERATION AFTER DISPOSITION BY

4 OTHER HOUSE.—Upon disposition of the resolution

5 received from the other House, it shall no longer be

6 in order to consider the resolution that originated in

7 the receiving House.

8 (f) RULES OF THE SENATE AND HOUSE.—This sub9 section is enacted by Congress—

10 (1) as an exercise of the rulemaking power of

11 the Senate and House of Representatives, respec12 tively, and as such it is deemed a part of the rules

13 of each House, respectively, but applicable only with

14 respect to the procedure to be followed in that

15 House in the case of a resolution described in sub16 section (a), and it supersedes other rules only to the

17 extent that it is inconsistent with such rules; and

18 (2) with full recognition of the constitutional

19 right of either House to change the rules (so far as

20 relating to the procedure of that House) at any time,

21 in the same manner, and to the same extent as in

22 the case of any other rule of that House.

23 SEC. 9. DEFINITIONS.

24 For purposes of this Act:
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1 (1) The term ‘‘Account’’ means the Department

2 of Energy Laboratory Facility Closure Account es3 tablished in section 6(a).

4 (2) The term ‘‘Commission’’ means the Depart5 ment of Energy Laboratory Facilities Closure and

6 Reconfiguration Commission.

7 (3) The term ‘‘congressional energy commit8 tees’’ means the Committees on Armed Services of

9 the Senate and House of Representatives, the Com10 mittee on Science, Space, and Technology of the

11 House of Representatives, and the Committee on

12 Energy and Natural Resources of the Senate.

13 (4) The term ‘‘departmental laboratory’’ means

14 a Federal laboratory, or any other laboratory or fa15 cility designated by the Secretary, operated by or on

16 behalf of the Department of Energy.

17 (5) The term ‘‘Federal laboratory’’ has the

18 meaning given the term ‘‘laboratory’’ in section

19 12(d)(2) of the Stevenson-Wydler Technology Inno20 vation Act of 1980 (15 U.S.C. 3710a(d)(2)).

21 (6) The term ‘‘Secretary’’ means the Secretary

22 of Energy.

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