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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Department of Energy
Laboratory Facilities Act of 1994’’.
SEC. 2. DEPARTMENT OF ENERGY LABORATORY FACILI-
TIES COMMISSION.
(a) ESTABLISHMENT.—There is established an inde-
pendent commission to be known as the ‘‘Department of
Energy Laboratory Facilities Commission’’.
(b) DUTIES.—The Commission shall carry out the
duties specified for the Commission in this Act.
(c) APPOINTMENT.—
(1) IN
GENERAL.—The Commission shall be
composed of 7 members appointed by the President,
by and with the advise and consent of the Senate.
The President shall transmit to the Senate the
nominations for appointment to the Commission not
later than 3 months after the date of the enactment
of this Act.
(2) CONSULTATION.—In selecting individuals
for nominations for appointments to the Commis-
sion, the President should consult with—
(A) the Speaker of the House of Rep-
resentatives concerning the appointment of 1
member;
(B) the majority leader of the Senate con-
cerning the appointment of 1 member;
(C) the minority leader of the House of
Representatives concerning the appointment of
1 member; and
(D) the minority leader of the Senate con-
cerning the appointment of 1 member.
(3) CHAIRPERSON.—At the time the President
nominates individuals for appointment to the Com-
mission, the President shall designate one such indi-
vidual who shall serve as Chairperson of the Com-
mission.
(d) TERMS.—Each member of the Commission shall
serve until the termination of the Commission under sub-
section (l).
(e) MEETINGS.—Each meeting of the Commission,
other than meetings in which classified information is to
be discussed, shall be open to the public.
(f) VACANCIES.—A vacancy in the Commission shall
be filled in the same manner as the original appointment,
but the individual appointed to fill the vacancy shall serve
only for the unexpired portion of the term for which the
individual’s predecessor was appointed.
(g) PAY AND TRAVEL EXPENSES.—
(1) IN GENERAL.—
(A) BASIC PAY.—Each member, other than
the Chairperson, shall be paid at a rate equal
to the daily equivalent of the minimum annual
rate of basic pay payable for level IV of the Ex-
ecutive Schedule under section 5315 of title 5,
United States Code, for each day (including
travel time) during which the member is en-
gaged in the actual performance of duties vest-
ed in the Commission.
(B) PAY
OF
CHAIRPERSON.—The Chair-
person shall be paid for each day referred to in
subparagraph (A) at a rate equal to the daily
equivalent of the minimum annual rate of basic
pay payable for level III of the Executive
Schedule under section 5314 of title 5, United
States Code.
(2) TRAVEL EXPENSES.—Members shall receive
travel expenses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
(h) DIRECTOR.—
(1) IN GENERAL.—The Commission shall, with-
out regard to section 5311(b) of title 5, United
States Code, appoint a Director who—
(A) has not served as a civilian employee
of the Department of Energy during the one-
year period preceding the date of such appoint-
ment;
(B) has not been an employee of a depart-
mental laboratory during the 5-year period pre-
ceding the date of such appointment; and
(C) has not been an employee of a contrac-
tor operating a departmental laboratory during
the 5-year period preceding the date of such ap-
pointment.
(2) PAY.—The Director shall be paid at the
rate of basic pay payable for level IV of the Execu-
tive Schedule under section 5315 of title 5, United
States Code.
(i) STAFF.—
(1) APPOINTMENT BY DIRECTOR.—Subject to
subparagraphs (B) and (C), the Director, with the
approval of the Commission, may appoint and fix
the pay of additional personnel.
(2) APPLICABILITY OF CERTAIN CIVIL SERVICE
LAWS.—The Director may make such appointments
without regard to the provisions of title 5, United
States Code, governing appointments in the competi-
tive service, and any personnel so appointed may be
paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relat-
ing to classification and General Schedule pay rates,
except that an individual so appointed may not re-
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
(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 ap-
proval.
(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 ap-
proval.
(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).
(2) EXERCISE OF AUTHORITY.—
(A) IN
GENERAL.—Subject to subpara-
graph (C), the Secretary shall exercise the au-
thority delegated to the Secretary pursuant to
paragraph (1) in accordance with—
(i) all regulations in effect on the date
of the enactment of this Act governing the
utilization of excess property and the dis-
posal of surplus property under the Fed-
eral Property and Administrative Services
Act of 1949; and
(ii) all regulations in effect on the
date of the enactment of this Act govern-
ing the conveyance and disposal of prop-
erty under section 13(g) of the Surplus
Property Act of 1944 (50 U.S.C. App.
1622(g)).
(B) REGULATIONS.—The Secretary, after
consulting with the Administrator of General
Services, may issue regulations that are nec-
essary to carry out the delegation of authority
required by paragraph (1).
(C) LIMITATION.—The authority required
to be delegated by paragraph (1) to the Sec-
retary by the Administrator of General Services
shall not include the authority to prescribe gen-
eral policies and methods for utilizing excess
property and disposing of surplus property.
(c) WAIVER.—The Secretary may close or reconfigure
departmental laboratories under this Act without regard
to any provision of law restricting the use of funds for
closing or reconfiguring such departmental laboratories in-
cluded in any appropriations or authorization Act.
SEC. 6. ACCOUNT.
(a) ESTABLISHMENT.—There is hereby established
on the books of the Treasury an account to be known as
the ‘‘Department of Energy Laboratory Facility Closure
Account’’ which shall be administered by the Secretary as
a single account.
(b) CONTENT OF ACCOUNT.—There shall be depos-
ited into the Account—
(1) funds authorized for and appropriated to
the Account;
(2) any funds that the Secretary may, subject
to approval in an appropriation Act, transfer to the
Account from funds appropriated to the Department
of Energy for any purpose, except that such funds
may be transferred only after the date on which the
Secretary transmits written notice of, and justifica-
tion for, such transfer to the congressional energy
committees; and
(3) proceeds received from the transfer or dis-
posal of any property at an office closed or reconfig-
ured under this section.
(c) USE OF FUNDS.—The Secretary may use the
funds in the Account only for the purposes described in
section 5(a).
(d) REPORTS.—
(1) IN GENERAL.—Not later than 60 days after
the end of each fiscal year in which the Secretary
carries out activities under this Act, the Secretary
shall transmit a report to the congressional energy
committees of the amount and nature of the deposits
into, and the expenditures from, the Account during
such fiscal year and of the amount and nature of
other expenditures made pursuant to section 5(a)
during such fiscal year.
(2) UNOBLIGATED FUNDS.—Unobligated funds
which remain in the Account after the termination
of the Commission shall be held in the Account until
transferred by law after the congressional energy
committees receive the report transmitted under
paragraph (3).
(3) ACCOUNTING REPORT.—Not later than 60
days after the termination of the Commission, the
Secretary shall transmit to the congressional energy
committees a report containing an accounting of—
(A) all the funds deposited into and ex-
pended from the Account or otherwise expended
under this section; and
(B) any amount remaining in the Account.
SEC. 7. REPORTS ON IMPLEMENTATION.
As part of the budget request for each fiscal year in
which the Secretary will carry out activities under this
Act, the Secretary shall transmit to the congressional en-
ergy committees—
(1) a schedule of the closure and reconfigura-
tion actions to be carried out under this Act in the
fiscal year for which the request is made and an es-
timate of the total expenditures required and cost
savings to be achieved by each such closure and re-
configuration and of the time period in which these
savings are to be achieved in each case; and
(2) a description of the departmental labora-
tories, including those under construction and those
planned for construction, to which functions are to
be transferred as a result of such closures and
reconfigurations.
SEC. 8. CONGRESSIONAL CONSIDERATION OF COMMISSION
REPORT.
(a) TERMS OF THE RESOLUTION.—For purposes of
section 4(b), the term ‘‘joint resolution’’ means only a
joint resolution which is introduced within the 10-day pe-
riod beginning on the date on which the President trans-
mits the report to the Congress under section 3(g), and—
(1) which does not have a preamble;
(2) the matter after the resolving clause of
which is as follows: ‘‘That Congress disapproves the
recommendations of the Department of Energy Lab-
oratory Facilities Commission as submitted by the
President on lll’’, the blank space being filled
in with the appropriate date; and
(3) the title of which is as follows: ‘‘Joint reso-
lution disapproving the recommendations of the De-
partment of Energy Laboratory Facilities Commis-
sion.’’.
(b) REFERRAL.—A resolution described in subsection
(a) that is introduced in the House of Representatives
shall be referred to the Committee on Armed Services and
the Committee on Science, Space, and Technology of the
House of Representatives. A resolution described in sub-
section (a) introduced in the Senate shall be referred to
the Committee on Armed Services and the Committee on
Energy and Natural Resources of the Senate.
(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-
batable. The motion is not subject to amendment, or
to a motion to postpone, or to a motion to proceed
to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to
or disagreed to shall not be in order. If a motion to
proceed to the consideration of the resolution is
agreed to, the respective House shall immediately
proceed to consideration of the joint resolution with-
out intervening motion, order, or other business, and
the resolution shall remain the unfinished business
of the respective House until disposed of.
(2) DEBATE.—Debate on the resolution, and on
all debatable motions and appeals in connection
therewith, shall be limited to not more than 2 hours,
which shall be divided equally between those favoring
and those opposing the resolution. An amendment to
the resolution is not in order. A motion further to
limit debate is in order and not debatable. A motion
to postpone, or a motion to proceed to the consider-
ation of other business, or a motion to recommit the
resolution is not in order. A motion to reconsider the
vote by which the resolution is agreed to or dis-
agreed to is not in order.
(3) QUORUM CALL.—Immediately following the
conclusion of the debate on a resolution described in
subsection (a) and a single quorum call at the con-
clusion of the debate if requested in accordance with
the rules of the appropriate House, the vote on final
passage of the resolution shall occur.
(4) APPEALS FROM DECISION OF CHAIR.—Ap-
peals from the decisions of the Chair relating to the
application of the rules of the Senate or the House
of Representatives, as the case may be, to the proce-
dure relating to a resolution described in subsection
(a) shall be decided without debate.
(e) CONSIDERATION BY OTHER HOUSE.—
(1) If, before the passage by one House of a
resolution of that House described in subsection (a),
that House receives from the other House a resolu-
tion described in subsection (a), then the following
procedures shall apply:
(A) The resolution of the other House shall
not be referred to a committee and may not be
considered in the House receiving it except in
the case of final passage as provided in sub-
paragraph (B)(ii).
(B) With respect to a resolution described
in paragraph (1) of the House receiving the res-
olution—
(i) the procedure in that House shall
be the same as if no resolution had been
received from the other House; but
(ii) the vote on final passage shall be
on the resolution of the other House.
(2) CONSIDERATION
AFTER
DISPOSITION
BY
OTHER HOUSE.—Upon disposition of the resolution
received from the other House, it shall no longer be
in order to consider the resolution that originated in
the receiving House.
(f) RULES OF THE SENATE AND HOUSE.—This sub-
section is enacted by Congress—
(1) as an exercise of the rulemaking power of
the Senate and House of Representatives, respec-
tively, and as such it is deemed a part of the rules
of each House, respectively, but applicable only with
respect to the procedure to be followed in that
House in the case of a resolution described in sub-
section (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in
the case of any other rule of that House.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Account’’ means the Department
of Energy Laboratory Facility Closure Account es-
tablished in section 6(a).
(2) The term ‘‘Commission’’ means the Depart-
ment of Energy Laboratory Facilities Closure and
Reconfiguration Commission.
(3) The term ‘‘congressional energy commit-
tees’’ means the Committees on Armed Services of
the Senate and House of Representatives, the Com-
mittee on Science, Space, and Technology of the
House of Representatives, and the Committee on
Energy and Natural Resources of the Senate.
(4) The term ‘‘departmental laboratory’’ means
a Federal laboratory, or any other laboratory or fa-
cility designated by the Secretary, operated by or on
behalf of the Department of Energy.
(5) The term ‘‘Federal laboratory’’ has the
meaning given the term ‘‘laboratory’’ in section
12(d)(2) of the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3710a(d)(2)).
(6) The term ‘‘Secretary’’ means the Secretary
of Energy.
Æ
HR 4247 IH—2
HR 4247 IH—3