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[Journal of the House of Representatives, 1995]
[Wednesday, October 11, 1995 (126), Para 126.15 Recorded Vote]
[Pages 1501-1502]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.126.15  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following substitute amendment submitted by Mr. 
RICHARDSON for the amendment submitted by Mr. ROEMER:
  Substitute amendment submitted by Mr. RICHARDSON:

       Page 104, after line 5, insert the following new section:

     SEC. 313. DEPARTMENT OF ENERGY LABORATORY OPERATIONS BOARD.

       (a) Definitions.--
       For purposes of this section--
       (1) the term ``Department'' means the Department of Energy;
       (2) the term ``laboratory'' means--
       (A) a laboratory, as defined in section 12(d)(2) of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a(d)(2)), or
       (B) a Federal laboratory, as defined in section 4 of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3703);

     but such term does not include defense laboratories, and
       (3) the term ``Secretary'' means the Secretary of Energy.
       (b) Laboratory Operations Board.--
       (1) Establishment and membership.--The Secretary shall 
     establish a Department of Energy Laboratory Operations Board 
     (in this section referred to as the ``Board''). The Board 
     shall consist of at least 12 members divided equally between 
     Federal and public members.
       (2) Federal members.--The Secretary shall appoint Federal 
     members from among the senior management of the Department on 
     the basis of their responsibilities with respect to the 
     operation of Department laboratories, including research and 
     development, policy, or administration responsibilities.
       (3) Public members.--The Secretary shall appoint public 
     members from institutions of higher education, industry, or 
     government on the basis of their experience or 
     accomplishments in research and development, policy, or 
     administration.
       (4) Terms of membership.--The Secretary shall appoint each 
     member for a term of 6 years, except that terms shall be 
     staggered to provide continuity.
       (5) Governance of the board.--The Board shall be chaired by 
     one of the public members so designated by the Secretary.
       (c) Purpose and Goal of the Board.--
       (1) Purpose.--The purpose of the Board is to provide advice 
     regarding the strategic direction for Department 
     laboratories, the coordination of budget and policy issues 
     affecting laboratory operations, and effective laboratory 
     management.
       (2) Goal.--The primary goal of the Board is to facilitate 
     productive and cost-effective use of Department laboratories.
       (d) Functions of the Board.--
       (1) In general.--The functions of the Board shall include--
       (A) helping to sharpen the mission focus of Department 
     laboratories;
       (B) assisting the Department in timely resolution of issues 
     and problems across laboratories;
       (C) facilitating application of best business practices in 
     laboratory management, including reduction of unnecessary or 
     counterproductive management burdens;
       (D) developing recommendations for the Secretary regarding 
     the size, mission, or scope of laboratories and laboratory 
     activities in view of changes in Federal policy or resources, 
     including funding; and
       (E) providing advice and recommendations to the Secretary 
     with respect to--
       (i) management improvement initiatives to reduce the burden 
     of Department oversight, to clarify lines of control and 
     accountability, and to secure higher levels of research and 
     development performance at lower cost;
       (ii) cost-containment generally, including application of 
     best business practices, and more efficient use of resources 
     to comply with Federal and other administrative and 
     regulatory requirements;
       (iii) strategic direction for the laboratories, including 
     validation of strategic plans, programmatic and management 
     issues, and coordination of the laboratories as a system;
       (iv) development and implementation of a Laboratory Mission 
     Plan for the Department laboratories to ensure that 
     activities of each Department laboratory are optimally 
     focussed on the missions of the Department; and
       (v) departmental efforts to integrate its basic and applied 
     research programs and to integrate Department laboratory 
     research programs with research and development programs of 
     industry, other government agencies, and institutions of 
     higher education.
       (2) Public members only.--A subcommittee of the Board 
     consisting of its public members shall--
       (A) analyze issues affecting Department laboratories to 
     provide the basis for independent views;

[[Page 1502]]

       (B) report to the Secretary and the Congress on at least an 
     annual basis assessing the performance of--
       (i) the Department, in improving its management practices 
     of Department laboratories through the reduction or 
     elimination of unnecessary or counterproductive management 
     burdens;
       (ii) the Department laboratories, in reducing costs by a 
     cumulative amount of at least $1,400,000,000 between fiscal 
     year 1996 and fiscal year 2000 through the elimination of 
     unnecessary or counterproductive administrative practices and 
     procedures; and
       (iii) the Department, in meeting the goal of cutting 
     employment of the Department laboratories by 15 percent over 
     5 years, using fiscal year 1994 personnel figures as the 
     baseline; and
       (C) provide recommendations regarding budget allocation for 
     programs or Department laboratories.
       (3) Additional functions.--The Secretary may establish 
     additional functions for the Board, or request additional 
     review, comment, or recommendations from public members of 
     the Board.
       (4) Functions limitation.--The Federal Advisory Committee 
     Act (5 U.S.C. App.), section 17 of the Federal Energy 
     Administration Act (15 U.S.C. 776), and section 552b of title 
     5, United States Code, do not apply to the Board or its 
     members.
       (e) Sunset.--This section terminates on September 30, 2005.
       Page 3, after the item in the table of contents relating to 
     section 312, insert the following:

Sec. 313. Department of Energy Laboratory Operations Board. 

  Amendment submitted by Mr. ROEMER:

       Page 104, after line 5, insert the following new section:

     SEC. 313. LABORATORIES EFFICIENCY IMPROVEMENT.

       (a) Elimination of Self-Regulation.--Notwithstanding any 
     other provision of law, the Department shall not be the 
     agency of implementation, with respect to departmental 
     laboratories, other than departmental defense laboratories, 
     of Federal, State, and local environmental, safety, and 
     health rules, regulations, orders, and standards.
       (b) Personnel Reductions.--
       (1) Requirements.--The aggregate number of individuals 
     employed by all government-owned, contractor-operated 
     departmental laboratories, other than departmental defense 
     laboratories, shall be reduced, within 5 years after the date 
     of the enactment of this Act, by at least one-third from the 
     number so employed as of such date of enactment. At least 3 
     percent of such reduction shall be accomplished within 1 
     year, at least 6 percent within 18 months, at least 10 
     percent within 2 years, and at least 15 percent within 30 
     months.
       (2) Objectives.--The Secretary shall ensure that the 
     personnel reductions required by paragraph (1) are made 
     consistent with, to the extent feasible, the following 
     objectives:
       (A) Termination of departmental laboratory research and 
     development facilities that are not the most advanced and the 
     most relevant to the programmatic objectives of the 
     Department, when compared with other facilities in the United 
     States.
       (B) Termination of facilities that provide research 
     opportunities duplicating those afforded by other facilities 
     in the United States, or in foreign countries when United 
     States scientists are provided access to such facilities to 
     the extent necessary to accomplish the programmatic 
     objectives of the Department.
       (C) Relocation and consolidation of departmental laboratory 
     research and development activities, consistent with the 
     programmatic objectives of the Department, within 
     laboratories with major facilities or demonstrable 
     concentrations of expertise appropriate for performing such 
     research and development activities.
       (D) Reduction of management inefficiencies within the 
     Department and the departmental laboratories.
       (E) Reduction of physical infrastructure needs.
       (F) Utilization of other resources for performing 
     Department of Energy funded research and development 
     activities, including universities, industrial laboratories, 
     and others.
       (c) Reports to Congress.--
       (1) Initial report.--Within 1 year after the date of the 
     enactment of this Act, the Secretary shall transmit a report 
     to the Congress that--
       (A) identifies the extent to which Department and 
     departmental laboratory staffs have been reduced as a result 
     of the implementation of subsection (a) of this section; and
       (B) explains the extent to which reductions required by 
     subsection (b)(1) have been made consistent with the 
     objectives set forth in subsection (b)(2).
       (2) Annual reports.--The Secretary shall transmit to the 
     Congress, along with each of the President's annual budget 
     submissions occurring--
       (A) after the report under paragraph (1) is transmitted; 
     and
       (B) before the full personnel reduction requirement under 
     subsection (b) is accomplished, a report containing the 
     explanation described in paragraph (1)(B) of this subsection.
       (d) Definitions.--For purposes of this section--
       (1) the term ``departmental laboratory'' means a Federal 
     laboratory, or any other laboratory or facility designated by 
     the Secretary, operated by or on behalf of the Department;
       (2) the term ``departmental defense laboratories'' means 
     the Lawrence Livermore National Laboratory, the Los Alamos 
     National Laboratory, and the Sandia National Laboratories;
       (3) the term ``Federal laboratory'' has the meaning given 
     the term ``laboratory'' in section 12(d)(2) of the Stevenson-
     Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a(d)(2)); and
       (4) the term ``programmatic objectives of the Department'' 
     means the goals and milestones of the Department, as set 
     forth in departmental strategic planning documents and the 
     President's annual budget requests.
       Page 3, after the item in the table of contents relating to 
     section 312, insert the following:
``Sec. 313. Laboratories efficiency improvement.''.

It was decided in the

Yeas

147

negative

Nays

274
```