I

103D CONGRESS

2D SESSION H. R. 3782

To establish the Department of Energy Facilities Closure and Reconfiguration

Commission, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 1994

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

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

and Technology, and Rules

A BILL

To establish the Department of Energy Facilities Closure

and Reconfiguration 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 ‘‘Federal Energy Re5 search Priorities Act’’.

6 SEC. 2. DEPARTMENT OF ENERGY FACILITIES CLOSURE

7 AND RECONFIGURATION COMMISSION.

8 (a) ESTABLISHMENT.—There is established an inde9 pendent commission to be known as the ‘‘Department of
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1 Energy Facilities Closure and Reconfiguration Commis2 sion’’.

3 (b) DUTIES.—The Commission shall carry out the

4 duties specified for the Commission in this Act.

5 (c) APPOINTMENT.—

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

7 composed of 8 members appointed by the President,

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

9 The President shall transmit to the Senate the

10 nominations for appointment to the Commission not

11 later than 3 months after the date of the enactment

12 of this Act.

13 (2) CONSULTATION.—In selecting individuals

14 for nominations for appointments to the Commis15 sion, the President should consult with—

16 (A) the Speaker of the House of Rep17 resentatives concerning the appointment of 2

18 members;

19 (B) the majority leader of the Senate con20 cerning the appointment of 2 members;

21 (C) the minority leader of the House of

22 Representatives concerning the appointment of

23 1 member; and

24 (D) the minority leader of the Senate con25 cerning the appointment of 1 member.
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1 (3) CHAIRPERSON.—At the time the President

2 nominates individuals for appointment to the Com3 mission, the President shall designate one such indi4 vidual who shall serve as Chairperson of the Com5 mission.

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

7 serve until the termination of the Commission under sub8 section (l).

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

10 other than meetings in which classified information is to

11 be discussed, shall be open to the public.

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

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

14 but the individual appointed to fill the vacancy shall serve

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

16 individual’s predecessor was appointed.

17 (g) PAY AND TRAVEL EXPENSES.—

18 (1) IN GENERAL.—

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

20 the Chairperson, shall be paid at a rate equal

21 to the daily equivalent of the minimum annual

22 rate of basic pay payable for level IV of the Ex23 ecutive Schedule under section 5315 of title 5,

24 United States Code, for each day (including

25 travel time) during which the member is en-
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1 gaged in the actual performance of duties vest2 ed in the Commission.

3 (B) PAY OF CHAIRPERSON.—The Chair4 person shall be paid for each day referred to in

5 clause (i) at a rate equal to the daily equivalent

6 of the minimum annual rate of basic pay pay7 able for level III of the Executive Schedule

8 under section 5314 of title 5, United States

9 Code.

10 (2) TRAVEL EXPENSES.—Members shall receive

11 travel expenses, including per diem in lieu of subsist12 ence, in accordance with sections 5702 and 5703 of

13 title 5, United States Code.

14 (h) DIRECTOR.—

15 (1) IN GENERAL.—The Commission shall, with16 out regard to section 5311(b) of title 5, United

17 States Code, appoint a Director who has not served

18 as a civilian employee of the Department of Energy

19 during the one-year period preceding the date of

20 such appointment.

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

22 rate of basic pay payable for level IV of the Execu23 tive Schedule under section 5315 of title 5, United

24 States Code.

25 (i) STAFF.—
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1 (1) APPOINTMENT BY DIRECTOR.—Subject to

2 paragraphs (2) and (3), the Director, with the ap3 proval of the Commission, may appoint and fix the

4 pay of additional personnel.

5 (2) APPLICABILITY OF CERTAIN CIVIL SERVICE

6 LAWS.—The Director may make such appointments

7 without regard to the provisions of title 5, United

8 States Code, governing appointments in the competi9 tive service, and any personnel so appointed may be

10 paid without regard to the provisions of chapter 51

11 and subchapter III of chapter 53 of that title relat12 ing to classification and General Schedule pay rates,

13 except that an individual so appointed may not re14 ceive pay in excess of the annual rate of basic pay

15 payable for level IV of the Executive Schedule under

16 section 5315 of title 5, United States Code.

17 (3) LIMITATION.—Not more than one-fifth of

18 the personnel employed by or detailed to the Com19 mission may be on detail from the Department of

20 Energy.

21 (4) SUPPORT FROM OTHER AGENCIES.—Upon

22 request of the Director, the head of a Federal agen23 cy may detail any of the personnel of that agency to

24 the Commission to assist the Commission in carry25 ing out its duties under this Act.
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1 (5) SUPPORT FROM COMPTROLLER GENERAL.—

2 The Comptroller General of the United States shall

3 provide assistance, including the detailing of employ4 ees, to the Commission in accordance with an agree5 ment entered into with the Commission.

6 (j) OTHER AUTHORITY.—

7 (1) TEMPORARY AND INTERMITTENT SERV8 ICES.—The Commission may procure by contract, to

9 the extent funds are available, the temporary or

10 intermittent services of experts or consultants pursu11 ant to section 3109 of title 5, United States Code.

12 (2) AUTHORITY TO LEASE SPACE AND ACQUIRE

13 CERTAIN PROPERTY.—The Commission may lease

14 space and acquire personal property to the extent

15 funds are available. To the extent practicable, the

16 Commission shall use suitable real property available

17 under the most recent inventory of real property as18 sets published by the Resolution Trust Corporation

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

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

21 (k) FUNDING.—There are authorized to be appro22 priated to the Commission such funds as are necessary

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

24 remain available until expended.
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1 (l) TERMINATION.—The Commission shall terminate

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

3 of this Act.

4 SEC. 3. PROCEDURE FOR MAKING RECOMMENDATIONS

5 FOR CLOSURE AND RECONFIGURATION OF

6 FACILITIES.

7 (a) SELECTION CRITERIA.—

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

9 after the date of the enactment of this Act, the Sec10 retary of Energy shall publish in the Federal Reg11 ister and transmit to the congressional energy com12 mittees the criteria proposed to be used by the Sec13 retary in making recommendations for the closure or

14 reconfiguration of Department of Energy facilities

15 resulting in an overall budget for such facilities for

16 a fiscal year in an amount equal to the amount ap17 propriated for such facilities for the previous fiscal

18 year reduced by 25 percent. The Secretary shall pro19 vide an opportunity for public comment on the pro20 posed criteria for a period of at least 30 days and

21 shall include notice of that opportunity in the publi22 cation required under this paragraph. In developing

23 the criteria, the Secretary shall consider—

24 (A) the program costs and program dis25 tributions on a State and county basis, includ-
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1 ing real and personal property costs associated

2 with each Department of Energy facility consid3 ered;

4 (B) the number of participants in pro5 grams conducted through a Department of En6 ergy facility and staff resources involved;

7 (C) duplication of effort by Department of

8 Energy facilities and overhead costs as a pro9 portion of program benefits distributed through

10 a Department of Energy facility;

11 (D) cost savings and increases that would

12 accrue through the reconfiguration of Depart13 ment of Energy facilities; and

14 (E) changes in the roles and missions of

15 each Department of Energy facility considered.

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

17 after the date of the enactment of this Act, the Sec18 retary shall publish in the Federal Register and

19 transmit to the congressional energy committees the

20 final criteria to be used in making recommendations

21 for the closure or reconfiguration of Department of

22 Energy facilities under this Act.

23 (b) SECRETARY’S RECOMMENDATIONS.—

24 (1) PUBLICATION IN FEDERAL REGISTER.—Not

25 later than 9 months after the date of the enactment
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1 of this Act, the Secretary shall publish in the Fed2 eral Register and transmit to the congressional en3 ergy committees and to the Commission a list of the

4 Department of Energy facilities that the Secretary

5 recommends for closure or reconfiguration on the

6 basis of the final criteria referred to in subsection

7 (a).

8 (2) SUMMARY OF SELECTION PROCESS.—The

9 Secretary shall include, with the list of recommenda10 tions published and transmitted pursuant to sub11 paragraph (A), a summary of the selection process

12 that resulted in the recommendation for each De13 partment of Energy facility, including a justification

14 for each recommendation.

15 (3) CONSIDERATION OF FACILITIES.—

16 (A) CONSIDERATION OF ALL FACILITIES.—

17 The Secretary shall consider all Department of

18 Energy research and development laboratories

19 and their related research and commercializa20 tion facilities in determining which facilities to

21 recommend for closure or reconfiguration under

22 this Act.

23 (B) EQUAL CONSIDERATION.—In consider24 ing Department of Energy facilities for closure

25 or reconfiguration, the Secretary shall consider
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1 all such equally without regard to whether a fa2 cility has been previously considered or pro3 posed for closure or reconfiguration by the Sec4 retary.

5 (4) AVAILABILITY OF INFORMATION.—The Sec6 retary shall make available to the Commission and

7 the Comptroller General of the United States all in8 formation used by the Secretary in making rec9 ommendations to the Commission for closures and

10 reconfiguration.

11 (c) REVIEW AND RECOMMENDATIONS BY THE COM12 MISSION.—

13 (1) PUBLIC HEARINGS.—After receiving the

14 recommendations from the Secretary pursuant to

15 subsection (b), the Commission shall conduct public

16 hearings on the recommendations.

17 (2) REPORT.—Not later than 15 months after

18 the date of the enactment of this Act, the Commis19 sion shall transmit to the President and the congres20 sional energy committees a report containing the

21 Commission’s findings and conclusions based on a

22 review and analysis of the recommendations made by

23 the Secretary, together with the Commission’s rec24 ommendations for closures and reconfigurations of

25 Department of Energy facilities. In conducting such
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1 review and analysis, the Commission shall consider

2 all Department of Energy facilities.

3 (3) DEVIATION FROM SECRETARY’S REC4 OMMENDATIONS.—In making its recommendations,

5 the Commission may make changes in any of the

6 recommendations made by the Secretary if the Com7 mission determines that the Secretary deviated sub8 stantially from the final criteria referred to in sub9 section (a) in making recommendations. The Com10 mission shall explain and justify in the report any

11 recommendation made by the Commission that is

12 different from the recommendations made by the

13 Secretary.

14 (4) PROVISION OF CERTAIN INFORMATION.—

15 After transmitting the report, the Commission shall

16 promptly provide, upon request, to any Member of

17 Congress information used by the Commission in

18 making its recommendations.

19 (d) ASSISTANCE FROM COMPTROLLER GENERAL.—

20 The Comptroller General of the United States shall—

21 (1) assist the Commission, to the extent re22 quested, in the Commission’s review and analysis of

23 the recommendations made by the Secretary pursu24 ant to subsection (b); and
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1 (2) not later than 12 months after the date of

2 the enactment of this Act, transmit to the congres3 sional energy committees and to the Commission a

4 report containing a detailed analysis of the Sec5 retary’s recommendations and selection process.

6 (e) REVIEW BY THE PRESIDENT.—

7 (1) IN GENERAL.—Not later than 16 months

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

9 President shall transmit to the Commission and to

10 the congressional energy committees a report con11 taining the President’s approval or disapproval of

12 the Commission’s recommendations.

13 (2) PRESIDENTIAL APPROVAL.—If the Presi14 dent approves all of the recommendations of the

15 Commission, the President shall transmit a copy of

16 such recommendations to the congressional energy

17 committees together with a certification of such ap18 proval.

19 (3) PRESIDENTIAL DISAPPROVAL.—If the

20 President disapproves the recommendations of the

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

22 transmit to the Commission and the congressional

23 energy committees the reasons for that disapproval.

24 The Commission shall then transmit to the Presi25 dent, not later than 17 months after the date of the
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1 enactment of this Act, a revised list of recommenda2 tions for the closure and reconfiguration of Depart3 ment of Energy facilities resulting in an overall

4 budget for such facilities for a fiscal year in an

5 amount equal to the amount appropriated for such

6 facilities for the previous fiscal year reduced by 25

7 percent.

8 (4) CERTIFICATION.—If the President approves

9 all of the revised recommendations of the Commis10 sion transmitted to the President under paragraph

11 (3), the President shall transmit a copy of such re12 vised recommendations to the congressional energy

13 committees, together with a certification of such ap14 proval.

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

16 does not transmit to the congressional energy com17 mittees an approval and certification described in

18 paragraph (2) or (4) by 18 months after the date of

19 the enactment of this Act, the process by which De20 partment of Energy facilities may be selected for clo21 sure or reconfiguration under this section shall be

22 terminated.
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1 SEC. 4. CLOSURE AND RECONFIGURATION OF DEPART2 MENT OF ENERGY FACILITIES.

3 (a) IN GENERAL.—Subject to subsection (b), the Sec4 retary shall—

5 (1) close all Department of Energy facilities

6 recommended for closure by the Commission in the

7 report transmitted to the congressional energy com8 mittees by the President pursuant to section 3(e);

9 (2) reconfigure all such facilities recommended

10 for reconfiguration by the Commission in the report;

11 and

12 (3) complete the closures and reconfigurations

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

14 on the date on which the President transmits the re15 port pursuant to section 3(e).

16 (b) CONGRESSIONAL DISAPPROVAL.—

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

18 out any closure or reconfiguration of a facility rec19 ommended by the Commission in the report trans20 mitted from the President pursuant to section 3(e)

21 if a joint resolution is enacted, in accordance with

22 the provisions of section 8, disapproving the rec23 ommendations of the Commission before the earlier

24 of—
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1 (A) the end of the 45-day period beginning

2 on the date on which the President transmits

3 the report; or

4 (B) the adjournment of Congress sine die

5 for the session during which the report is trans6 mitted.

7 (2) For purposes of paragraph (1) of this sub8 section and subsections (a) and (c) of section 8, the

9 days on which either House of Congress is not in

10 session because of an adjournment of more than

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

12 computation of a period.

13 SEC. 5. IMPLEMENTATION OF CLOSURE AND RECONFIG14 URATION ACTIONS.

15 In closing or reconfiguring a Department of Energy

16 facility under this section, the Secretary shall—

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

18 close or reconfigure the facility;

19 (2) provide outplacement assistance to any em20 ployees employed by the Department of Energy at

21 the office whose employment is being terminated,

22 and may use for such purpose funds in the Account

23 or funds appropriated to the Department of Energy

24 for outplacement assistance to employees;
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1 (3) take such steps as may be necessary to en2 sure the safe keeping of all records stored at the fa3 cility; and

4 (4) reimburse other Federal agencies for ac5 tions performed at the request of the Secretary with

6 respect to any such closure or reconfiguration, and

7 may use for such purpose funds in the Account or

8 funds appropriated to the Department of Energy

9 and available for such purpose.

10 SEC. 6. ACCOUNT.

11 (a) ESTABLISHMENT.—There is hereby established

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

13 the ‘‘Department of Energy Facility Closure Account’’

14 which shall be administered by the Secretary as a single

15 account.

16 (b) CONTENT OF ACCOUNT.—There shall be depos17 ited into the Account—

18 (1) funds authorized for and appropriated to

19 the Account;

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

21 to approval in an appropriation Act, transfer to the

22 Account from funds appropriated to the Department

23 of Energy for any purpose, except that such funds

24 may be transferred only after the date on which the

25 Secretary transmits written notice of, and justifica-
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1 tion for, such transfer to the congressional energy

2 committees; and

3 (3) proceeds received from the transfer or dis4 posal of any property at an office closed or reconfig5 ured under this Act.

6 (c) USE OF FUNDS.—The Secretary may use the

7 funds in the Account only for the purposes described in

8 section 5(a).

9 (d) REPORTS.—

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

11 the end of each fiscal year in which the Secretary

12 carries out activities under this Act, the Secretary

13 shall transmit a report to the congressional energy

14 committees of the amount and nature of the deposits

15 into, and the expenditures from, the Account during

16 such fiscal year and of the amount and nature of

17 other expenditures made pursuant to subsection d(1)

18 during such fiscal year.

19 (2) UNOBLIGATED FUNDS.—Unobligated funds

20 which remain in the Account after the termination

21 of the Commission shall be held in the Account until

22 transferred by law after the congressional energy

23 committees receive the report transmitted under

24 paragraph (3).
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1 (3) ACCOUNTING REPORT.—Not later than 60

2 days after the termination of the Commission, the

3 Secretary shall transmit to the congressional energy

4 committees a report containing an accounting of—

5 (A) all funds deposited into and expended

6 from the Account or otherwise expended under

7 this section; and

8 (B) any amount remaining in the Account.

9 SEC. 7. REPORTS ON IMPLEMENTATION.

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

11 which the Secretary will carry out activities under this

12 Act, the Secretary shall transmit to the congressional en13 ergy committees—

14 (1) a schedule of the closure and reconfigura15 tion actions to be carried out under this Act in the

16 fiscal year for which the request is made and an es17 timate of the total expenditures required and cost

18 savings to be achieved by each such closure and re19 configuration and of the time period in which these

20 savings are to be achieved in each case; and

21 (2) a description of the Department of Energy

22 facilities, including those under construction and

23 those planned for construction, to which functions

24 are to be transferred as a result of such closures and

25 reconfigurations.
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1 SEC. 8. CONGRESSIONAL CONSIDERATION OF COMMISSION

2 REPORT.

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

4 section 4(b), the term ‘‘joint resolution’’ means only a

5 joint resolution which is introduced within the 10-day pe6 riod beginning on the date on which the President trans7 mits the report to the Congress under section 3(e), and—

8 (1) which does not have a preamble;

9 (2) the matter after the resolving clause of

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

11 recommendations of the Department of Energy Fa12 cilities Closure and Reconfiguration Commission as

13 submitted by the President on lll’’, the blank

14 space being filled in with the appropriate date; and

15 (3) the title of which is as follows: ‘‘Joint reso16 lution disapproving the recommendations of the De17 partment of Energy Facilities Closure and Reconfig18 uration Commission.’’.

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

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

21 shall be referred to the Committee on Armed Services, the

22 Committee on Energy and Commerce, and the Committee

23 on Science, Space, and Technology of the House of Rep24 resentatives. A resolution described in subsection (a) in25 troduced in the Senate shall be referred to the Committee
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1 on Armed Services and the Committee on Energy and

2 Natural Resources of the Senate.

3 (c) DISCHARGE.—If the committee to which a resolu4 tion described in subsection (a) is referred has not re5 ported such resolution (or an identical resolution) by the

6 end of the 20-day period beginning on the date on which

7 the President transmits the report to the Congress under

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

9 period, discharged from further consideration of such reso10 lution, and such resolution shall be placed on the appro11 priate calendar of the House involved.

12 (d) CONSIDERATION.—

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

14 after the date on which the committee to which such

15 a resolution is referred has reported, or has been

16 discharged (under subsection (c)) from further con17 sideration of, such a resolution, it is in order (even

18 though a previous motion to the same effect has

19 been disagreed to) for any Member of the respective

20 House to move to proceed to the consideration of the

21 resolution (but only on the day after the calendar

22 day on which such Member announces to the House

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

24 points of order against the resolution (and against

25 consideration of the resolution) are waived. The mo-
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1 tion is highly privileged in the House of Representa2 tives and is privileged in the Senate and is not de3 batable. The motion is not subject to amendment, or

4 to a motion to postpone, or to a motion to proceed

5 to the consideration of other business. A motion to

6 reconsider the vote by which the motion is agreed to

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

8 proceed to the consideration of the resolution is

9 agreed to, the respective House shall immediately

10 proceed to consideration of the joint resolution with11 out intervening motion, order, or other business, and

12 the resolution shall remain the unfinished business

13 of the respective House until disposed of.

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

15 all debatable motions and appeals in connection

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

17 which shall be divided equally between those favoring

18 and those opposing the resolution. An amendment to

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

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

21 to postpone, or a motion to proceed to the consider22 ation of other business, or a motion to recommit the

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

24 vote by which the resolution is agreed to or dis25 agreed to is not in order.
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1 (3) QUORUM CALL.—Immediately following the

2 conclusion of the debate on a resolution described in

3 subsection (a) and a single quorum call at the con4 clusion of the debate if requested in accordance with

5 the rules of the appropriate House, the vote on final

6 passage of the resolution shall occur.

7 (4) APPEALS FROM DECISION OF CHAIR.—Ap8 peals from the decisions of the Chair relating to the

9 application of the rules of the Senate or the House

10 of Representatives, as the case may be, to the proce11 dure relating to a resolution described in subsection

12 (a) shall be decided without debate.

13 (e) CONSIDERATION BY OTHER HOUSE.—

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

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

16 that House receives from the other House a resolu17 tion described in subsection (a), then the following

18 procedures shall apply:

19 (A) The resolution of the other House shall

20 not be referred to a committee and may not be

21 considered in the House receiving it except in

22 the case of final passage as provided in sub23 paragraph (B)(ii).
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1 (B) With respect to a resolution described

2 in subsection (a) of the House receiving the res3 olution—

4 (i) the procedure in that House shall

5 be the same as if no resolution had been

6 received from the other House; but

7 (ii) the vote on final passage shall be

8 on the resolution of the other House.

9 (2) CONSIDERATION AFTER DISPOSITION BY

10 OTHER HOUSE.—Upon disposition of the resolution

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

12 in order to consider the resolution that originated in

13 the receiving House.

14 (f) RULES OF THE SENATE AND HOUSE.—This sub15 section is enacted by Congress—

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

17 the Senate and House of Representatives, respec18 tively, and as such it is deemed a part of the rules

19 of each House, respectively, but applicable only with

20 respect to the procedure to be followed in that

21 House in the case of a resolution described in sub22 section (a), and it supersedes other rules only to the

23 extent that it is inconsistent with such rules; and

24 (2) with full recognition of the constitutional

25 right of either House to change the rules (so far as
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1 relating to the procedure of that House) at any time,

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

3 the case of any other rule of that House.

4 SEC. 9. DEFINITIONS.

5 For purposes of this section:

6 (1) The term ‘‘Account’’ means the Department

7 of Energy Facility Closure Account established in

8 section 6(a).

9 (2) The term ‘‘Commission’’ means the Depart10 ment of Energy Facilities Closure and Reconfigura11 tion Commission.

12 (3) The term ‘‘congressional energy commit13 tees’’ means the Committees on Armed Services of

14 the Senate and House of Representatives, the Com15 mittee on Energy and Commerce of the House of

16 Representatives, the Committee on Science, Space,

17 and Technology of the House of Representatives,

18 and the Committee on Energy and Natural Re19 sources of the Senate.

20 (4) The term ‘‘Department of Energy facility’’

21 means a Department of Energy research and devel22 opment laboratory and its related research and com23 mercialization facilities.

24 (5) The term ‘‘Secretary’’ means the Secretary

25 of Energy.
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