H. R. 3547—172 
(3) an analysis of planned and alternative technologies 
which are available to meet the supply needs for tritium and 
enriched uranium for national security purposes, including 
weapons dismantlement and down-blending. 
(b) The analysis provided by (a)(3) shall include a detailed 
estimate of the near- and long-term costs to the Department of 
Energy should the Tennessee Valley Authority no longer be a viable 
tritium supplier. 
SEC. 312. The Secretary of Energy shall submit to the congres-
sional defense committees (as defined in U.S.C. 101(a)(16)), a report 
on each major warhead refurbishment program that reaches the 
Phase 6.3 milestone, and not later than April 1, 2014 for the 
B61–12 life extension program, that provides an analysis of alter-
natives which includes— 
(1) a full description of alternatives considered prior to 
the award of Phase 6.3; 
(2) a comparison of the costs and benefits of each of those 
alternatives, to include an analysis of trade-offs among cost, 
schedule, and performance objectives against each alternative 
considered; 
(3) identification of the cost and risk of critical technology 
elements associated with each alternative, including technology 
maturity, integration risk, manufacturing feasibility, and dem-
onstration needs; 
(4) identification of the cost and risk of additional capital 
asset and infrastructure capabilities required to support produc-
tion and certification of each alternative; 
(5) a comparative analysis of the risks, costs, and sched-
uling needs for any military requirement intended to enhance 
warhead safety, security, or maintainability, including any 
requirement to consolidate and/or integrate warhead systems 
or mods as compared to at least one other feasible refurbish-
ment alternative the Nuclear Weapons Council considers appro-
priate; and 
(6) a life-cycle cost estimate for the alternative selected 
that details the overall cost, scope, and schedule planning 
assumptions. For the B61–12 life extension program, the life 
cycle cost estimate shall include an analysis of reduced life 
cycle costs for Option 3b, including cost savings from consoli-
dating the different B61 variants. 
SEC. 313. (a) IN GENERAL.—Subject to subsections (b) through 
(d), the Secretary may appoint, without regard to the provisions 
of chapter 33 of title 5, United States Code, governing appointments 
in the competitive service, exceptionally well qualified individuals 
to scientific, engineering, or other critical technical positions. 
(b) LIMITATIONS.— 
(1) NUMBER OF POSITIONS.—The number of critical positions 
authorized by subsection (a) may not exceed 120 at any one 
time in the Department. 
(2) TERM.—The term of an appointment under subsection 
(a) may not exceed 4 years. 
(3) PRIOR EMPLOYMENT.—An individual appointed under 
subsection (a) shall not have been a Department employee 
during the 2-year period ending on the date of appointment. 
(4) PAY.— 
(A) IN
GENERAL.—The Secretary shall have the 
authority to fix the basic pay of an individual appointed
H. R. 3547—173 
under subsection (a) at a rate to be determined by the 
Secretary up to level I of the Executive Schedule without 
regard to the civil service laws. 
(B) TOTAL ANNUAL COMPENSATION.—The total annual 
compensation for any individual appointed under sub-
section (a) may not exceed the highest total annual com-
pensation payable at the rate determined under section 
104 of title 3, United States Code. 
(5) ADVERSE ACTIONS.—An individual appointed under sub-
section (a) may not be considered to be an employee for purposes 
of subchapter II of chapter 75 of title 5, United States Code. 
(c) REQUIREMENTS.— 
(1) IN GENERAL.—The Secretary shall ensure that— 
(A) the exercise of the authority granted under sub-
section (a) is consistent with the merit principles of section 
2301 of title 5, United States Code; and 
(B) the Department notifies diverse professional 
associations and institutions of higher education, including 
those serving the interests of women and racial or ethnic 
minorities 
that 
are 
underrepresented 
in 
scientific, 
engineering, and mathematical fields, of position openings 
as appropriate. 
(2) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary and the Director of the Office 
of Personnel Management shall submit to Congress a report 
on the use of the authority provided under this section that 
includes, at a minimum, a description or analysis of— 
(A) the ability to attract exceptionally well qualified 
scientists, engineers, and technical personnel; 
(B) the amount of total compensation paid each 
employee hired under the authority each calendar year; 
and 
(C) whether additional safeguards or measures are nec-
essary to carry out the authority and, if so, what action, 
if any, has been taken to implement the safeguards or 
measures. 
(d) TERMINATION OF EFFECTIVENESS.—The authority provided 
by this section terminates effective on the date that is 4 years 
after the date of enactment of this Act. 
SEC. 314. Section 804 of Public Law 110–140 (42 U.S.C. 17283) 
is hereby repealed. 
SEC. 315. Section 205 of Public Law 95–91 (42 U.S.C. 7135), 
as amended, is hereby further amended: 
(1) in paragraph (i)(1) by striking ‘‘once every two years’’ 
and inserting ‘‘once every four years’’; and 
(2) in paragraph (k)(1) by striking ‘‘once every three years’’ 
and inserting ‘‘once every four years’’. 
SEC. 316. Notwithstanding any other provision of law, the 
Department may use funds appropriated by this title to carry 
out a study regarding the conversion to contractor performance 
of any function performed by Federal employees at the New Bruns-
wick Laboratory, pursuant to Office of Management and Budget 
Circular A–76 or any other administrative regulation, directive, 
or policy. 
SEC. 317. Of the amounts appropriated for non-defense pro-
grams in this title, $7,000,000 are hereby reduced to reflect savings
H. R. 3547—174 
from limiting foreign travel for contractors working for the Depart-
ment of Energy, consistent with similar savings achieved for Federal 
employees. The Department shall allocate the reduction among 
the non-security appropriations made in this title. 
SEC. 318. Section 15(g) of Public Law 85–536 (15 U.S.C. 644), 
as amended, is hereby further amended by inserting the following 
at the end: ‘‘(3) First tier subcontracts that are awarded by Manage-
ment and Operating contractors sponsored by the Department of 
Energy to small business concerns, small businesses concerns owned 
and controlled by service disabled veterans, qualified HUBZone 
small business concerns, small business concerns owned and con-
trolled by socially and economically disadvantaged individuals, and 
small business concerns owned and controlled by women, shall 
be considered toward the annually established agency and Govern-
ment-wide goals for procurement contracts awarded.’’. 
SEC. 319. (a) ESTABLISHMENT.—The Secretary shall establish 
an independent commission to be known as the ‘‘Commission to 
Review the Effectiveness of the National Energy Laboratories.’’ 
The National Energy Laboratories refers to all Department of 
Energy and National Nuclear Security Administration national lab-
oratories. 
(b) MEMBERS.— 
(1) The Commission shall be composed of nine members 
who shall be appointed by the Secretary of Energy not later 
than May 1, 2014, from among persons nominated by the 
President’s Council of Advisors on Science and Technology. 
(2) The President’s Council of Advisors on Science and 
Technology shall, not later than March 15, 2014, nominate 
not less than 18 persons for appointment to the Commission 
from among persons who meet qualification described in para-
graph (3). 
(3) Each person nominated for appointment to the Commis-
sion shall— 
(A) be eminent in a field of science or engineering; 
and/or 
(B) have expertise in managing scientific facilities; and/ 
or 
(C) have expertise in cost and/or program analysis; 
and 
(D) have an established record of distinguished service. 
(4) The membership of the Commission shall be representa-
tive of the broad range of scientific, engineering, financial, 
and managerial disciplines related to activities under this title. 
(5) No person shall be nominated for appointment to the 
Board who is an employee of— 
(A) the Department of Energy; 
(B) a national laboratory or site under contract with 
the Department of Energy; 
(C) a managing entity or parent company for a national 
laboratory or site under contract with the Department of 
Energy; or 
(D) an entity performing scientific and engineering 
activities under contract with the Department of Energy. 
(c) COMMISSION REVIEW AND RECOMMENDATIONS.— 
(1) The Commission shall, by no later than February 1, 
2015, transmit to the Secretary of Energy and the Committees 
on Appropriations of the House of Representatives and the
H. R. 3547—175 
Senate a report containing the Commission’s findings and 
conclusions. 
(2) The Commission shall address whether the Department 
of Energy’s national laboratories— 
(A) are properly aligned with the Department’s stra-
tegic priorities; 
(B) have clear, well understood, and properly balanced 
missions that are not unnecessarily redundant and duplica-
tive; 
(C) have unique capabilities that have sufficiently 
evolved to meet current and future energy and national 
security challenges; 
(D) are appropriately sized to meet the Department’s 
energy and national security missions; and 
(E) are appropriately supporting other Federal agencies 
and the extent to which it benefits DOE missions. 
(3) The Commission shall also determine whether there 
are opportunities to more effectively and efficiently use the 
capabilities of the national laboratories, including consolidation 
and realignment, reducing overhead costs, reevaluating govern-
ance models using industrial and academic bench marks for 
comparison, and assessing the impact of DOE’s oversight and 
management approach. In its evaluation, the Commission 
should also consider the cost and effectiveness of using other 
research, development, and technology centers and universities 
as an alternative to meeting DOE’s energy and national security 
goals. 
(4) The Commission shall analyze the effectiveness of the 
use of laboratory directed research and development (LDRD) 
to meet the Department of Energy’s science, energy, and 
national security goals. The Commission shall further evaluate 
the effectiveness of the Department’s oversight approach to 
ensure LDRD-funded projects are compliant with statutory 
requirements and congressional direction, including require-
ments that LDRD projects be distinct from projects directly 
funded by appropriations and that LDRD projects derived from 
the Department’s national security programs support the 
national security mission of the Department of Energy. Finally, 
the Commission shall quantify the extent to which LDRD 
funding supports recruiting and retention of qualified staff. 
(5) The Commission’s charge may be modified or expanded 
upon approval of the Committees on Appropriations of the 
House of Representatives and the Senate. 
(d) RESPONSE BY THE SECRETARY OF ENERGY.— 
(1) The Secretary of Energy shall, by no later than April 
1, 2015, transmit to Committees on Appropriations of the House 
of Representatives and the Senate a report containing the Sec-
retary’s approval or disapproval of the Commission’s rec-
ommendations and an implementation plan for approved rec-
ommendations. 
SEC. 320. The Committees on Appropriations of the House 
of Representatives and the Senate shall receive a 30-day advance 
notification with a detailed explanation of any waiver or adjustment 
made by the National Nuclear Security Administration’s Fee Deter-
mining Official to at-risk award fees for Management and Operating 
contractors that result in award term extensions.