I

103D CONGRESS

2D SESSION H. R. 4706

To provide for certain reductions in Federal spending at or through facilities

of the Department of Energy, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 30, 1994

Mr. KREIDLER introduced the following bill; which was referred jointly to the

Committees on Armed Services, Energy and Commerce, and Science,

Space, and Technology

A BILL

To provide for certain reductions in Federal spending at

or through facilities of the Department of Energy, 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. REDUCTION IN FEDERAL INVESTMENT.

4 (a) AMOUNT OF REDUCTION.—The total amount of

5 Federal spending at or through Department of Energy

6 facilities—

7 (1) for fiscal year 1995 shall not exceed the

8 amount which is the greater of—

9 (A) $450,000,000; or
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1 (B) 5 percent of the amount appropriated

2 for use at or through Department of Energy fa3 cilities for fiscal year 1993,

4 less than the amount appropriated for the use at or

5 through Department of Energy facilities for fiscal

6 year 1993;

7 (2) for fiscal year 1996 shall not exceed the

8 amount which is the greater of—

9 (A) $900,000,000; or

10 (B) 10 percent of the amount appropriated

11 for use at or through Department of Energy fa12 cilities for fiscal year 1993,

13 less than the amount appropriated for use at or

14 through Department of Energy facilities for fiscal

15 year 1993;

16 (3) for fiscal year 1997 shall not exceed the

17 amount which is the greater of—

18 (A) $1,350,000,000; or

19 (B) 15 percent of the amount appropriated

20 for use at or through Department of Energy fa21 cilities for fiscal year 1993,

22 less than the amount appropriated for use at or

23 through Department of Energy facilities for fiscal

24 year 1993; and
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1 (4) for each fiscal year after fiscal year 1997

2 shall not exceed the amount described in paragraph

3 (3), adjusted annually for inflation.

4 (b) REDUCTION IN DEPARTMENT OF ENERGY FACIL5 ITY FUNDING COMMISSION.—

6 (1) ESTABLISHMENT.—There is established an

7 independent commission to be known as the ‘‘Reduc8 tion in Department of Energy Facility Funding

9 Commission’’.

10 (2) DUTIES.—(A) The Commission shall pre11 pare and, within 8 months after the date of enact12 ment of this title, submit to the Secretary a plan for

13 implementing the funding reductions required under

14 subsection (a). The Commission shall propose

15 achieving such funding reductions first through—

16 (i) contractor reforms, improved account17 ability, or reduced overhead at Department of

18 Energy facilities;

19 (ii) private investment to reduce the

20 amount of public investment required; and

21 (iii) elimination of any unnecessary

22 redundancies between Department of Energy

23 facilities.

24 (B) If the funding reductions cannot be fully

25 achieved under subparagraph (A), the Commission
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1 may propose cutbacks in programs. In doing so, the

2 Commission shall—

3 (i) evaluate programs based on their rel4 evance to current missions and priorities, and

5 focus reductions toward those programs that

6 are no longer relevant;

7 (ii) maintain the Department of Energy fa8 cilities’ abilities to perform their assigned mis9 sions; and

10 (iii) where appropriate, maintain a process

11 of peer review.

12 (3) APPOINTMENT.—

13 (A) IN GENERAL.—The Commission shall

14 be composed of 8 members appointed by the

15 President, by and with the advise and consent

16 of the Senate, from among individuals—

17 (i) with technical expertise in Depart18 ment of Energy facility research;

19 (ii) representing communities affected

20 by programs at Department of Energy fa21 cilities; or

22 (iii) with expertise in management

23 issues.

24 The President shall transmit to the Senate the

25 nominations for appointment to the Commission
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1 not later than 2 months after the date of the

2 enactment of this title.

3 (B) CONSULTATION.—In selecting individ4 uals for nominations for appointments to the

5 Commission, the President should consult

6 with—

7 (i) the Speaker of the House of Rep8 resentatives concerning the appointment of

9 1 member;

10 (ii) the majority leader of the Senate

11 concerning the appointment of 1 member;

12 (iii) the minority leader of the House

13 of Representatives concerning the appoint14 ment of 1 member; and

15 (iv) the minority leader of the Senate

16 concerning the appointment of 1 member.

17 (C) CHAIRPERSON.—At the time the Presi18 dent nominates individuals for appointment to

19 the Commission, the President shall designate

20 one such individual who shall serve as Chair21 person of the Commission.

22 (4) TERMS.—The term of each member of the

23 Commission shall expire upon the termination of the

24 Commission under paragraph (12).
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1 (5) MEETINGS.—Each meeting of the Commis2 sion, other than meetings in which classified infor3 mation is to be discussed, shall be open to the

4 public.

5 (6) VACANCIES.—A vacancy in the Commission

6 shall be filled in the same manner as the original ap7 pointment.

8 (7) PAY AND TRAVEL EXPENSES.—

9 (A) IN GENERAL.—

10 (i) BASIC PAY.—Each member, other

11 than the Chairperson, shall be paid at a

12 rate equal to the daily equivalent of the

13 minimum annual rate of basic pay payable

14 for level IV of the Executive Schedule

15 under section 5315 of title 5, United

16 States Code, for each day (including travel

17 time) during which the member is engaged

18 in the actual performance of duties vested

19 in the Commission.

20 (ii) PAY OF CHAIRPERSON.—The

21 Chairperson shall be paid for each day re22 ferred to in clause (i) at a rate equal to the

23 daily equivalent of the minimum annual

24 rate of basic pay payable for level III of
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1 the Executive Schedule under section 5314

2 of title 5, United States Code.

3 (B) TRAVEL EXPENSES.—Members shall

4 receive travel expenses, including per diem in

5 lieu of subsistence, in accordance with sections

6 5702 and 5703 of title 5, United States Code.

7 (8) DIRECTOR.—

8 (A) IN GENERAL.—The Commission shall,

9 without regard to section 5311(b) of title 5,

10 United States Code, appoint a Director who has

11 not served as a civilian employee of the Depart12 ment of Energy during the one-year period pre13 ceding the date of such appointment.

14 (B) PAY.—The Director shall be paid at

15 the rate of basic pay payable for level IV of the

16 Executive Schedule under section 5315 of title

17 5, United States Code.

18 (9) STAFF.—

19 (A) APPOINTMENT BY DIRECTOR.—Subject

20 to subparagraphs (B) and (C), the Director,

21 with the approval of the Commission, may ap22 point and fix the pay of additional personnel.

23 (B) APPLICABILITY OF CERTAIN CIVIL

24 SERVICE LAWS.—The Director may make such

25 appointments without regard to the provisions
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1 of title 5, United States Code, governing ap2 pointments in the competitive service, and any

3 personnel so appointed may be paid without re4 gard to the provisions of chapter 51 and sub5 chapter III of chapter 53 of that title relating

6 to classification and General Schedule pay

7 rates, except that an individual so appointed

8 may not receive pay in excess of the annual rate

9 of basic pay payable for level IV of the Execu10 tive Schedule under section 5315 of title 5,

11 United States Code.

12 (C) LIMITATION.—Not more than one-fifth

13 of the personnel employed by or detailed to the

14 Commission may be on detail from the Depart15 ment of Energy.

16 (D) SUPPORT FROM OTHER AGENCIES.—

17 Upon request of the Director, the head of a

18 Federal agency may detail any of the personnel

19 of that agency to the Commission to assist the

20 Commission in carrying out its duties under

21 this subsection.

22 (E) SUPPORT FROM COMPTROLLER GEN23 ERAL.—The Comptroller General of the United

24 States shall provide assistance, including the

25 detailing of employees, to the Commission in ac-
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1 cordance with an agreement entered into with

2 the Commission.

3 (10) OTHER AUTHORITY.—

4 (A) TEMPORARY AND INTERMITTENT

5 SERVICES.—The Commission may procure by

6 contract, to the extent funds are available, the

7 temporary or intermittent services of experts or

8 consultants pursuant to section 3109 of title 5,

9 United States Code.

10 (B) AUTHORITY TO LEASE SPACE AND AC11 QUIRE CERTAIN PROPERTY.—The Commission

12 may lease space and acquire personal property

13 to the extent funds are available. To the extent

14 practicable, the Commission shall use suitable

15 real property available under the most recent

16 inventory of real property assets published by

17 the Resolution Trust Corporation under section

18 21A(b)(11)(F) of the Federal Home Loan

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

20 (11) FUNDING.—There are authorized to be ap21 propriated to the Commission such funds as are nec22 essary to carry out its duties under this subsection.

23 Such funds shall remain available until expended.
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1 (12) TERMINATION.—The Commission shall

2 terminate not later than 14 months after the date

3 of the enactment of this title.

4 (13) REPORT TO CONGRESS.—If the Secretary

5 determines that the recommendations of the Com6 mission under this subsection should not be followed

7 in any respect, the Secretary shall, within 45 days

8 after receipt of such recommendations, submit a re9 port to the Congress identifying any points of dis10 agreement and justifying the Secretary’s position.

11 SEC. 2. DEFINITIONS.

12 For purposes of this Act—

13 (1) the term ‘‘Commission’’ means the Reduc14 tion in Department of Energy Facility Funding

15 Commission established under section 1(b)(1);

16 (2) the term ‘‘Department of Energy facility’’

17 means a Department of Energy research and devel18 opment laboratory, and its related research and

19 commercialization facilities, including commercializa20 tion facilities that enhance the replication of tech21 nology in the marketplace; and

22 (3) the term ‘‘Secretary’’ means the Secretary

23 of Energy.
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1 SEC. 3. SENSE OF CONGRESS.

2 It is the sense of the Congress that the savings

3 achieved pursuant to section 1(a) should be deposited in

4 the Treasury of the United States.

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