I
103D CONGRESS
2D SESSION
H. R. 4706
To provide for certain reductions in Federal spending at or through facilities
of the Department of Energy, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 30, 1994
Mr. KREIDLER introduced the following bill; which was referred jointly to the
Committees on Armed Services, Energy and Commerce, and Science,
Space, and Technology
A BILL
To provide for certain reductions in Federal spending at
or through facilities of the Department of Energy, 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. REDUCTION IN FEDERAL INVESTMENT.
(a) AMOUNT OF REDUCTION.—The total amount of
Federal spending at or through Department of Energy
facilities—
(1) for fiscal year 1995 shall not exceed the
amount which is the greater of—
(A) $450,000,000; or
(B) 5 percent of the amount appropriated
for use at or through Department of Energy fa-
cilities for fiscal year 1993,
less than the amount appropriated for the use at or
through Department of Energy facilities for fiscal
year 1993;
(2) for fiscal year 1996 shall not exceed the
amount which is the greater of—
(A) $900,000,000; or
(B) 10 percent of the amount appropriated
for use at or through Department of Energy fa-
cilities for fiscal year 1993,
less than the amount appropriated for use at or
through Department of Energy facilities for fiscal
year 1993;
(3) for fiscal year 1997 shall not exceed the
amount which is the greater of—
(A) $1,350,000,000; or
(B) 15 percent of the amount appropriated
for use at or through Department of Energy fa-
cilities for fiscal year 1993,
less than the amount appropriated for use at or
through Department of Energy facilities for fiscal
year 1993; and
(4) for each fiscal year after fiscal year 1997
shall not exceed the amount described in paragraph
(3), adjusted annually for inflation.
(b) REDUCTION IN DEPARTMENT OF ENERGY FACIL-
ITY FUNDING COMMISSION.—
(1) ESTABLISHMENT.—There is established an
independent commission to be known as the ‘‘Reduc-
tion in Department of Energy Facility Funding
Commission’’.
(2) DUTIES.—(A) The Commission shall pre-
pare and, within 8 months after the date of enact-
ment of this title, submit to the Secretary a plan for
implementing the funding reductions required under
subsection (a). The Commission shall propose
achieving such funding reductions first through—
(i) contractor reforms, improved account-
ability, or reduced overhead at Department of
Energy facilities;
(ii) private investment to reduce the
amount of public investment required; and
(iii) 
elimination 
of 
any 
unnecessary
redundancies between Department of Energy
facilities.
(B) If the funding reductions cannot be fully
achieved under subparagraph (A), the Commission
may propose cutbacks in programs. In doing so, the
Commission shall—
(i) evaluate programs based on their rel-
evance to current missions and priorities, and
focus reductions toward those programs that
are no longer relevant;
(ii) maintain the Department of Energy fa-
cilities’ abilities to perform their assigned mis-
sions; and
(iii) where appropriate, maintain a process
of peer review.
(3) APPOINTMENT.—
(A) IN GENERAL.—The Commission shall
be composed of 8 members appointed by the
President, by and with the advise and consent
of the Senate, from among individuals—
(i) with technical expertise in Depart-
ment of Energy facility research;
(ii) representing communities affected
by programs at Department of Energy fa-
cilities; or
(iii) with expertise in management
issues.
The President shall transmit to the Senate the
nominations for appointment to the Commission
the Executive Schedule under section 5314
of title 5, United States Code.
(B) TRAVEL
EXPENSES.—Members shall
receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(8) DIRECTOR.—
(A) IN GENERAL.—The Commission shall,
without regard to section 5311(b) of title 5,
United States Code, appoint a Director who has
not served as a civilian employee of the Depart-
ment of Energy during the one-year period pre-
ceding the date of such appointment.
(B) PAY.—The Director shall be paid at
the rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title
5, United States Code.
(9) STAFF.—
(A) APPOINTMENT BY DIRECTOR.—Subject
to subparagraphs (B) and (C), the Director,
with the approval of the Commission, may ap-
point and fix the pay of additional personnel.
(B) APPLICABILITY
OF
CERTAIN
CIVIL
SERVICE LAWS.—The Director may make such
appointments without regard to the provisions
of title 5, United States Code, governing ap-
pointments in the competitive service, and any
personnel so appointed may be paid without re-
gard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title relating
to classification and General Schedule pay
rates, except that an individual so appointed
may not receive pay in excess of the annual rate
of basic pay payable for level IV of the Execu-
tive Schedule under section 5315 of title 5,
United States Code.
(C) LIMITATION.—Not more than one-fifth
of the personnel employed by or detailed to the
Commission may be on detail from the Depart-
ment of Energy.
(D) SUPPORT FROM OTHER AGENCIES.—
Upon request of the Director, the head of a
Federal agency may detail any of the personnel
of that agency to the Commission to assist the
Commission in carrying out its duties under
this subsection.
(E) SUPPORT FROM COMPTROLLER GEN-
ERAL.—The Comptroller General of the United
States shall provide assistance, including the
detailing of employees, to the Commission in ac-
cordance with an agreement entered into with
the Commission.
(10) OTHER AUTHORITY.—
(A) 
TEMPORARY
AND
INTERMITTENT
SERVICES.—The Commission may procure by
contract, to the extent funds are available, the
temporary or intermittent services of experts or
consultants pursuant to section 3109 of title 5,
United States Code.
(B) AUTHORITY TO LEASE SPACE AND AC-
QUIRE 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 assets 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)).
(11) FUNDING.—There are authorized to be ap-
propriated to the Commission such funds as are nec-
essary to carry out its duties under this subsection.
Such funds shall remain available until expended.
(12) TERMINATION.—The Commission shall
terminate not later than 14 months after the date
of the enactment of this title.
(13) REPORT TO CONGRESS.—If the Secretary
determines that the recommendations of the Com-
mission under this subsection should not be followed
in any respect, the Secretary shall, within 45 days
after receipt of such recommendations, submit a re-
port to the Congress identifying any points of dis-
agreement and justifying the Secretary’s position.
SEC. 2. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Commission’’ means the Reduc-
tion in Department of Energy Facility Funding
Commission established under section 1(b)(1);
(2) the term ‘‘Department of Energy facility’’
means a Department of Energy research and devel-
opment laboratory, and its related research and
commercialization facilities, including commercializa-
tion facilities that enhance the replication of tech-
nology in the marketplace; and
(3) the term ‘‘Secretary’’ means the Secretary
of Energy.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that the savings
achieved pursuant to section 1(a) should be deposited in
the Treasury of the United States.
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