ceive pay in excess of the annual rate of basic pay
payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(3) LIMITATIONS.—Not more than one-third of
the personnel employed by or detailed to the Com-
mission may be on detail from the Department of
Energy. No employee of a departmental laboratory,
or of a contractor who operates a departmental lab-
oratory, may be detailed to the Commission.
(4) SUPPORT FROM OTHER AGENCIES.—Upon
request of the Director, the head of a Federal agen-
cy may detail any of the personnel of that agency to
the Commission to assist the Commission in carry-
ing out its duties under this section.
(5) SUPPORT FROM COMPTROLLER GENERAL.—
The Comptroller General of the United States shall
provide assistance, including the detailing of employ-
ees, to the Commission in accordance with an agree-
ment entered into with the Commission.
(j) OTHER AUTHORITY.—
(1) TEMPORARY
AND
INTERMITTENT
SERV-
ICES.—The Commission may procure by contract, to
the extent funds are available, the temporary or
intermittent services of experts or consultants pursu-
ant to section 3109 of title 5, United States Code.
(2) AUTHORITY TO LEASE SPACE AND ACQUIRE
CERTAIN
PROPERTY.—The Commission may lease
space and acquire personal property to the extent
funds are available. To the extent practicable, the
Commission shall use suitable real property available
under the most recent inventory of real property as-
sets published by the Resolution Trust Corporation
under section 21A(b)(11)(F) of the Federal Home
Loan Bank Act (12 U.S.C. 1441a(b)(12)(F)).
(k) FUNDING.—There are authorized to be appro-
priated to the Commission such funds as are necessary
to carry out its duties under this section. Such funds shall
remain available until expended.
(l) TERMINATION.—The Commission shall terminate
not later than 20 months after the date of the enactment
of this Act.
SEC. 3. PROCEDURE FOR MAKING RECOMMENDATIONS
FOR LABORATORY FACILITIES.
(a) SELECTION CRITERIA.—
(1) IN
GENERAL.—Not later than 3 months
after the date of the enactment of this Act, the Sec-
retary of Energy shall publish in the Federal Reg-
ister and transmit to the congressional energy com-
mittees the criteria proposed to be used by the Sec-
retary in making recommendations for the closure or
reconfiguration of departmental laboratories result-
ing in cost savings for the overall budget for such
laboratories. The Secretary shall provide an oppor-
tunity for public comment on the proposed criteria
for a period of at least 30 days and shall include no-
tice of that opportunity in the publication required
under this paragraph. In developing the criteria, the
Secretary shall consider—
(A) the program costs and program dis-
tributions on a State and county basis, includ-
ing real and personal property costs associated
with each departmental laboratory considered;
(B) the number of participants in pro-
grams conducted through a departmental lab-
oratory and staff resources involved;
(C) duplication of effort by departmental
laboratories and overhead costs as a proportion
of program benefits distributed through a de-
partmental laboratory;
(D) cost savings and increases that would
accrue through the reconfiguration of depart-
mental laboratories;
(E) changes in the roles and missions of
each departmental laboratory; and
(F) the privatization of the laboratories as
an alternative to closure or reconfiguration.
(2) FINAL CRITERIA.—Not later than 5 months
after the date of the enactment of this Act, the Sec-
retary shall publish in the Federal Register and
transmit to the congressional energy committees the
final criteria to be used in making recommendations
for the closure or reconfiguration of departmental
laboratories under this section.
(b) SECRETARY’S RECOMMENDATIONS.—
(1) PUBLICATION IN FEDERAL REGISTER.—Not
later than 1 year after the date of the enactment of
this Act, the Secretary shall publish in the Federal
Register and transmit to the congressional energy
committees and to the Commission a list of the de-
partmental laboratories that the Secretary rec-
ommends for closure or reconfiguration on the basis
of the final criteria referred to in subsection (a).
(2) SUMMARY
OF
SELECTION
PROCESS.—The
Secretary shall include, with the list of recommenda-
tions published and transmitted pursuant to para-
graph (1), a summary of the selection process that
resulted in the recommendation for each depart-
mental laboratory, including a justification for each
recommendation.
(c) EQUAL CONSIDERATION OF LABORATORIES.—In
considering departmental laboratories for closure or recon-
figuration, the Secretary shall consider all such labora-
tories equally without regard to whether a laboratory has
been previously considered or proposed for closure or re-
configuration by the Secretary.
(d) AVAILABILITY OF INFORMATION.—The Secretary
shall make available to the Commission and the Comptrol-
ler General of the United States all information used by
the Secretary in making recommendations to the Commis-
sion for closures and reconfiguration.
(e) REVIEW AND RECOMMENDATIONS BY THE COM-
MISSION.—
(1) PUBLIC
HEARINGS.—After receiving the
recommendations from the Secretary pursuant to
subsection (b), the Commission shall conduct public
hearings on the recommendations.
(2) REPORT.—Not later than 18 months after
the date of the enactment of this Act, the Commis-
sion shall transmit to the President and the congres-
sional energy committees a report containing the
Commission’s findings and conclusions based on a
review and analysis of the recommendations made by
the Secretary, together with the Commission’s rec-
ommendations for closures and reconfigurations of
departmental laboratories. In conducting such review
and analysis, the Commission shall consider all de-
partmental laboratories.
(3) 
DEVIATION
FROM
SECRETARY’S
REC-
OMMENDATIONS.—In making its recommendations,
the Commission may make changes in any of the
recommendations made by the Secretary if the Com-
mission determines that the Secretary deviated sub-
stantially from the final criteria referred to in sub-
section (a) in making recommendations. The Com-
mission shall explain and justify in the report any
recommendation made by the Commission that is
different from the recommendations made by the
Secretary.
(4) PROVISION
OF
CERTAIN
INFORMATION.—
After transmitting the report, the Commission shall
promptly provide, upon request, to any Member of
Congress information used by the Commission in
making its recommendations.
(f) ASSISTANCE FROM COMPTROLLER GENERAL.—
The Comptroller General of the United States shall—
(1) assist the Commission, to the extent re-
quested, in the Commission’s review and analysis of
the recommendations made by the Secretary pursu-
ant to subsection (b); and
(2) not later than 15 months after the date of
the enactment of this Act, transmit to the congres-
sional energy committees and to the Commission a
report containing a detailed analysis of the Sec-
retary’s recommendations and selection process.
(g) REVIEW BY THE PRESIDENT.—
(1) IN GENERAL.—Not later than 19 months
after the date of the enactment of this Act, the
President shall transmit to the Commission and to
the congressional energy committees a report con-
taining the President’s approval or disapproval of
the Commission’s recommendations.
(2) PRESIDENTIAL
APPROVAL.—If the Presi-
dent approves all of the recommendations of the
Commission, the President shall transmit a copy of
such recommendations to the congressional energy
committees together with a certification of such
approval.
(3) 
PRESIDENTIAL
DISAPPROVAL.—If 
the
President disapproves the recommendations of the
Commission, in whole or in part, the President shall
transmit to the Commission and the congressional
energy committees the reasons for that disapproval.
The Commission shall then transmit to the Presi-
dent, not later than 20 months after the date of the
enactment of this Act, a revised list of recommenda-
tions for the closure and reconfiguration of depart-
mental laboratories resulting in cost savings for the
overall budget for such departmental laboratories.
(4) CERTIFICATION.—If the President approves
all of the revised recommendations of the Commis-
sion transmitted to the President under paragraph
(3), the President shall transmit a copy of such re-
vised recommendations to the congressional energy
committees, together with a certification of such
approval.
(5) FAILURE
TO
CERTIFY.—If the President
does not transmit to the congressional energy com-
mittees an approval and certification described in
paragraph (2) or (4) by 21 months after the date of
the enactment of this Act, the process by which de-
partmental laboratories may be selected for closure
or reconfiguration under this section shall be termi-
nated.
SEC. 4. CLOSURE AND RECONFIGURATION OF DEPART-
MENTAL LABORATORIES.
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary shall—
(1) close all departmental laboratories rec-
ommended for closure by the Commission in the re-
port transmitted to the congressional energy com-
mittees by the President pursuant to section 3(g);
(2) reconfigure all such laboratories rec-
ommended for reconfiguration by the Commission in
the report; and
(3) complete the closures and reconfigurations
not later than the end of the 6-year period beginning
on the date on which the President transmits the re-
port pursuant to section 3(g).
(b) CONGRESSIONAL DISAPPROVAL.—
(1) IN GENERAL.—The Secretary may not carry
out any closure or reconfiguration of a departmental
laboratory recommended by the Commission in the
report transmitted from the President pursuant to
section 3(g) if a joint resolution is enacted, in ac-
cordance with the provisions of section 8, disapprov-
ing the recommendations of the Commission before
the earlier of—
(A) the end of the 45-day period beginning
on the date on which the President transmits
the report; or
(B) the adjournment of Congress sine die
for the session during which the report is trans-
mitted.
(2) For purposes of paragraph (1) of this sub-
section and subsections (a) and (c) of section (8),
the days on which either House of Congress is not
in session because of an adjournment of more than
three days to a day certain shall be excluded in the
computation of a period.
SEC. 5. IMPLEMENTATION OF CLOSURE AND RECONFIG-
URATION ACTIONS.
(a) ACTIONS OF THE SECRETARY.—In closing or
reconfiguring a departmental laboratory under this Act,
the Secretary shall—
(1) take such actions as may be necessary to
close or reconfigure the departmental laboratory;
(2) provide outplacement assistance to any em-
ployees employed by the Department of Energy at
the office whose employment is being terminated,
and may use for such purpose funds in the Account
or funds appropriated to the Department of Energy
for outplacement assistance to employees;
(3) take such steps as may be necessary to en-
sure the safe keeping of all records stored at the de-
partmental laboratory; and
(4) reimburse other Federal agencies for ac-
tions performed at the request of the Secretary with
respect to any such closure or reconfiguration, and
may use for such purpose funds in the Account or
funds appropriated to the Department of Energy
and available for such purpose.
(b) MANAGEMENT AND DISPOSAL OF PROPERTY.—
(1) IN GENERAL.—The Administrator of Gen-
eral Services shall delegate to the Secretary of En-
ergy, with respect to excess and surplus real prop-
erty and facilities located at a departmental labora-
tory closed or reconfigured under this Act—
(A) the authority of the Administrator to
utilize excess property under section 202 of the
Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 483);
(B) the authority of the Administrator to
dispose of surplus property under section 203
of that Act (40 U.S.C. 484);
(C) the authority of the Administrator to
grant approvals and make determinations under
section 13(g) of the Surplus Property Act of
1944 (50 U.S.C. App. 1622(g)); and
(D) the authority of the Administrator to
determine the availability of excess or surplus
real property for wildlife conservation purposes
in accordance with the Act of May 19, 1948
(16 U.S.C. 667b).
(c) DISCHARGE.—If the committee to which a resolu-
tion described in subsection (a) is referred has not re-
ported such resolution (or an identical resolution) by the
end of the 20-day period beginning on the date on which
the President transmits the report to the Congress under
section 3(g), such committee shall be, at the end of such
period, discharged from further consideration of such reso-
lution, and such resolution shall be placed on the appro-
priate calendar of the House involved.
(d) CONSIDERATION.—
(1) IN GENERAL.—On or after the third day
after the date on which the committee to which such
a resolution is referred has reported, or has been
discharged (under subsection (c)) from further con-
sideration of, such a resolution, it is in order (even
though a previous motion to the same effect has
been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the
resolution (but only on the day after the calendar
day on which such Member announces to the House
concerned the Member’s intention to do so). All
points of order against the resolution (and against
consideration of the resolution) are waived. The mo-
tion is highly privileged in the House of Representa-
tives and is privileged in the Senate and is not de-