I
105TH CONGRESS
1ST SESSION
H. R. 1295
To establish a Commission to make recommendations for the reconfiguration,
corporatization, privatization, and consolidation of Department of Energy
National Energy Laboratories, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 1997
Mr. KLUG (for himself, Mr. MINGE, Mr. TIAHRT, Mr. PETERSON of Min-
nesota, Mr. SOLOMON, Mr. LOBIONDO, Mr. FOLEY, and Mr. RAMSTAD)
introduced the following bill; which was referred to the Committee on
Science, and in addition to the Committees on National Security, and
Rules, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction of
the committee concerned
A BILL
To establish a Commission to make recommendations for
the reconfiguration, corporatization, privatization, and
consolidation of Department of Energy National Energy
Laboratories, 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 ‘‘National Energy Lab-
oratories Reorganization Commission Act of 1997’’.
SEC. 2. NATIONAL ENERGY LABORATORIES REORGANIZA-
TION COMMISSION.
(a) ESTABLISHMENT.—There is established an inde-
pendent commission to be known as the ‘‘National Energy
Laboratories Reorganization Commission’’, for the pur-
pose of reorganizing the Department of Energy National
Energy Laboratories, and programs at those laboratories,
through reconfiguration, corporatization, privatization,
and consolidation, while preserving the traditional role the
energy laboratories have contributed to the national de-
fense.
(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 advice and consent of the Senate.
The President shall transmit to the Senate the
nominations for appointment to the Commission not
later than 1 month 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 2
members; and
(B) the Majority Leader of the Senate con-
cerning the appointment of 2 members.
(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.—The term of each member of the Com-
mission shall expire on the termination of the Commission
under subsection (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.
(g) PAY AND TRAVEL EXPENSES.—
(1) BASIC PAY.—
(A) PAY
OF
MEMBERS.—Each member,
other than the Chairperson, shall be paid at a
rate equal to the daily equivalent of the mini-
mum annual rate of basic pay payable for level
IV of the Executive Schedule under section
(3) LIMITATIONS.—Not more than one-third of
the personnel employed by or detailed to the Com-
mission shall be individuals employed by the Depart-
ment of Energy on the day before the date of the
enactment of this Act. No employee of an energy
laboratory, or of a contractor who operates an en-
ergy laboratory, 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 Act.
(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 Act. Such funds shall
remain available until expended.
(l) TERMINATION.—The Commission shall terminate
not later than 2 years after the date of the enactment of
this Act.
SEC. 3. PROCEDURE FOR MAKING RECOMMENDATIONS
FOR LABORATORY REORGANIZATION.
(a) SELECTION CRITERIA.—In making recommenda-
tions for the reconfiguration, corporatization, privatiza-
tion, and consolidation of energy laboratories and termi-
nation of programs at such laboratories under this Act,
the Commission shall—
(1) give strong consideration to the rec-
ommendations for reorganization and corporatization
expressed in the Galvin Report;
(2) eliminate duplication of effort by energy
laboratories and reduce overhead costs as a propor-
tion of program benefits distributed through an en-
ergy laboratory;
(3) define appropriate missions for each energy
laboratory, and ensure that the activities of each
such laboratory are focused on its mission or mis-
sions;
(4) seek to achieve cost savings for the overall
budget for such laboratories;
(5) consider the program costs and program
distributions on a State and county basis, including
real and personal property costs associated with
each energy laboratory considered;
(6) consider the number of participants in pro-
grams conducted through an energy laboratory and
staff resources involved;
(7) estimate the cost savings and increased
costs that would accrue through the reconfiguration,
corporatization, privatization, or consolidation of en-
ergy laboratories;
(8) consider the potential of each energy labora-
tory to generate revenues or to offset costs;
(9) consider the transfer of energy laboratories
to other Federal agencies; and
(10) consider the privatization of the energy
laboratories as an alternative to closure or reconfig-
uration.
(b) EQUAL CONSIDERATION OF LABORATORIES.—In
considering energy laboratories for reconfiguration,
corporatization, privatization, and consolidation, the Com-
mission shall consider all such laboratories equally without
regard to whether a laboratory has been previously consid-
ered or proposed for reconfiguration, corporatization, pri-
vatization, or consolidation.
(c) AVAILABILITY OF INFORMATION.—The Secretary
shall make available to the Commission all information re-
quested by the Commission.
(d) INDEPENDENT AUDIT.—(1) Within 30 days after
the date of the enactment of this Act, the Director of the
Office of Management and Budget shall issue a request
for proposals for the performance of an audit under para-
graph (3).
(2) Within 60 days after the date of the enactment
of this Act, proposals shall be due in response to the re-
quest under paragraph (1).
(3) Within 90 days after the date of the enactment
of this Act, the Director of the Office of Management and
Budget shall enter into a contract with an independent
financial consulting firm for an audit of the energy labora-
tories and their programs, facilities, and assets. Such
audit shall assess the commercial potential of the energy
laboratories and their programs and make recommenda-
tions on how the Government could best realize such po-
tential. The audit shall be completed and transmitted to
the Commission and the congressional energy committees
within 6 months after the contract is entered into under
this subsection.
(e) REVIEW AND RECOMMENDATIONS BY THE COM-
MISSION.—
(1) PUBLIC COMMENT.—The Commission shall
provide an opportunity for public comment on the
recommendations in the Galvin Report for a 30-day
period.
(2) INITIAL REPORT.—Not later than 1 year
after the date of the enactment of this Act, the
Commission shall publish in the Federal Register an
initial report containing the Commission’s findings
and conclusions based on a review and analysis of—
(A) the recommendations made in the
Galvin Report;
(B) the audit conducted pursuant to sub-
section (d); and
(C) the comments received under para-
graph (1),
together with the Commission’s recommendations for
reconfiguration, corporatization, privatization, and
consolidation of energy laboratories. In conducting
such review and analysis, the Commission shall con-
sider all energy laboratories.
(3) DEVIATION FROM RECOMMENDATIONS.—In
making its recommendations, the Commission may
make changes in any of the recommendations made
in the Galvin Report. The Commission shall explain
and justify in the report any recommendation made
by the Commission that is different from the rec-
ommendations made in the Galvin Report.
(4) FINAL REPORT.—After providing a 30-day
period for the public to comment following publica-
tion of the initial report under paragraph (2), and
after full consideration of such public comment, the
Commission shall, within 15 months after the date
of the enactment of this Act, transmit to the Sec-
retary and the congressional energy committees a
final report containing the recommendations of the
Commission.
(5) PROVISION
OF
CERTAIN
INFORMATION.—
After transmitting the final report under paragraph
(4), the Commission shall promptly provide, upon re-
quest, to any Member of Congress information used
by the Commission in making its recommendations.
SEC. 4. RECONFIGURATION, CORPORATIZATION, PRIVAT-
IZATION, AND CONSOLIDATION OF ENERGY
LABORATORIES.
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary shall—
(1) reconfigure, within 1 year after the date of
the transmittal of the final report under section
3(e)(4), all energy laboratories recommended for re-
configuration by the Commission in such report;
(2) 
provide 
for 
and 
complete 
the
corporatization, within 1 year after the date of the
transmittal of the final report under section 3(e)(4),
of 
all 
energy 
laboratories 
recommended 
for
corporatization by the Commission in such report;
(3) provide for and complete the privatization,
within 1 year after the date of the transmittal of the
final report under section 3(e)(4), of all energy lab-
oratories recommended for privatization by the Com-
mission in such report; and
(4) provide for and complete the consolidation,
within 1 year after the transmittal of the final re-
port under section 3(e)(4), of all energy laboratories
recommended for consolidation by the Commission
in such report.
(b) CONGRESSIONAL DISAPPROVAL.—
(1) IN GENERAL.—The Secretary may not carry
out any reconfiguration, corporatization, privatiza-
tion, or consolidation of an energy laboratory rec-
ommended by the Commission in the report trans-
mitted pursuant to section 3(e)(4) if a joint resolu-
tion is enacted, in accordance with the provisions of
section 8, disapproving the recommendations of the
Commission before the earlier of—
(A) the end of the 45-day period beginning
on the date on which the Commission transmits
the report; or
(B) the adjournment of Congress sine die
for the session during which the report is trans-
mitted.
(2) LEGISLATIVE DAYS.—For purposes of para-
graph (1) of this subsection and subsections (a) and
(c) of section 8, the days on which either House of
Congress is not in session because of an adjourn-
ment of more than three days to a day certain shall
be excluded in the computation of a period.
SEC. 
5. 
IMPLEMENTATION 
OF 
RECONFIGURATION,
CORPORATIZATION, 
PRIVATIZATION, 
AND
CONSOLIDATION ACTIONS.
(a) 
IMPLEMENTATION.—In 
reconfiguring,
corporatizing, privatizing, or consolidating an energy lab-
oratory under this Act, the Secretary shall—
(1) take such actions as may be necessary to re-
configure, corporatize, privatize, or consolidate the
energy laboratory;
(2) take such steps as may be necessary to en-
sure the safe keeping of all records stored at the en-
ergy laboratory; and
(3) reimburse other Federal agencies for ac-
tions performed at the request of the Secretary with
respect to any such reconfiguration, corporatization,
privatization, or consolidation, 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 with re-
spect to excess and surplus real property and facili-
ties located at an energy laboratory reconfigured,
corporatized, privatized, or consolidated under this
Act—
(A) the authority of the Secretary to utilize
excess property under section 202 of the Fed-
eral Property and Administrative Services Act
of 1949 (40 U.S.C. 483);
(B) the authority of the Secretary to dis-
pose of surplus property under section 203 of
that Act (40 U.S.C. 484);
(C) the authority of the Secretary to grant
approvals and make determinations under sec-
tion 13(g) of the Surplus Property Act of 1944
(50 U.S.C. App. 1622(g)); and
(D) the authority of the Secretary to deter-
mine 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 reconfigure,
corporatize, privatize, or consolidate energy laboratories
under this Act without regard to any provision of law re-
stricting the use of funds for reconfiguring, corporatizing,
privatizing, or consolidating such energy 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 ‘‘National Energy Laboratories Reorganization Ac-
count’’ 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 reconfigured,
corporatized, privatized, or consolidated under this
Act.
(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
shall be held in the Account until transferred by law.
SEC. 7. REPORTS ON IMPLEMENTATION.
As part of the budget request for each fiscal year in
which the Secretary is authorized to carry out activities
under this Act, the Secretary shall transmit to the con-
gressional energy committees—
(1) 
a 
schedule 
of 
the 
reconfiguration,
corporatization, privatization, and consolidation ac-
tions to be carried out under this Act in the fiscal
year for which the request is made and an estimate
of the total expenditures required and cost savings
to be achieved by each such reconfiguration,
corporatization, privatization, or consolidation and of
the time period in which these savings are to be
achieved in each case; and
(2) a description of the energy laboratories to
which functions are to be transferred as a result of
such 
reconfigurations, 
corporatizations,
privatizations, and consolidations.
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 Commission
transmits the report to the Congress under section
3(e)(4), 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 National Energy Labora-
tories Reorganization Commission as submitted 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 Na-
tional Energy Laboratories Reorganization Commis-
sion.’’.
(b) REFERRAL.—A resolution described in subsection
(a) that is introduced in the House of Representatives
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) IN GENERAL.—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 resolution 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 sec-
tion 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 National
Energy Laboratories Reorganization Account estab-
lished in section 6(a).
(2) The term ‘‘Commission’’ means the Na-
tional Energy Laboratories Reorganization Commis-
sion.
(3) The term ‘‘congressional energy commit-
tees’’ means the Committee on Armed Services of
the Senate, the Committee on National Security of
the House of Representatives, the Committee on
Science of the House of Representatives, and the
Committee on Energy and Natural Resources of the
Senate.
(4) The term ‘‘corporatize’’ means to transfer
functions to a wholly owned Government corporation
established for the purpose of performing those
functions.
(5) The term ‘‘energy laboratory’’ means the
Lawrence Livermore National Laboratory, the Los
Alamos National Laboratory, the Sandia National
Laboratories, the Argonne National Laboratory, the
Brookhaven National Laboratory, the Idaho Na-
tional Engineering Laboratory, the Lawrence Berke-
ley Laboratory, the Oak Ridge National Laboratory,
the Pacific Northwest Laboratory, or the National
Renewable Energy Laboratory.
(6) The term ‘‘Galvin Report’’ means the report
of the Task Force on Alternative Futures for the
Department of Energy National Laboratories (com-
monly known as the Galvin Commission).
(7) The term ‘‘Secretary’’ means the Secretary
of Energy.
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