I
#
104TH CONGRESS
1ST SESSION
H. R. 2142
To promote the scientific, technological, and the national security interests
and industrial wellbeing of the United States through establishing mis-
sions for and streamlining Department of Energy laboratories, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 31, 1995
Mr. SCHIFF (for himself, Mr. PETE GEREN of Texas, Mr. FAWELL, Mr.
HASTERT, Mr. WAMP, Mr. BAKER of California, and Mrs. MORELLA) in-
troduced the following bill; which was referred to the Committee on
Science, and in addition to the Committee on National Security, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the commit-
tee concerned
A BILL
To promote the scientific, technological, and the national
security interests and industrial wellbeing of the United
States through establishing missions for and streamlining
Department of 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 ‘‘Department of Energy
Laboratory Missions Act’’.
HR 2142 IH1S
(6) collaboration in partnerships among the de-
partmental laboratories, other Federal agencies, uni-
versities, and private industry, especially through co-
operative research and development agreements,
should be encouraged to enable the departmental
laboratories to ensure the maximum return on the
taxpayer’s investment; and
(7) the departmental laboratories need well de-
fined and assigned missions to continue to success-
fully contribute to the scientific, technological, and
national security interests of the United States.
SEC. 102. MISSIONS.
The Department of Energy may maintain depart-
mental laboratories for the purpose of advancing, and
shall carry out research and development activities which
are essential to support and perform, the following core
missions:
(1) To maintain national security, as follows:
(A) To provide for the Nation’s nuclear
weapons requirements, to be stewards of the
Nation’s nuclear weapons stockpile, and to meet
other national security requirements as deter-
mined by the President.
(B) To reduce the threat of nuclear war,
by assisting with the dismantlement of nuclear
HR 2142 IH1S
weapons, working to curb the proliferation of
weapons of mass destruction, including nuclear,
chemical, and biological weapons, supporting ef-
forts to counter the proliferation of weapons of
mass destruction, including nuclear, chemical,
and biological weapons, and their delivery sys-
tems, and conducting research on and the de-
velopment of technologies needed for the effec-
tive verification of international arms control
agreements, including prospective international
arms control agreements, which may include
the production and dissemination of foreign in-
telligence pertinent to the Department’s mis-
sions.
(C) To provide for the advancement of
science and technology in the development of
nuclear and conventional weaponry for national
security purposes.
(2) To ensure the Nation’s energy supply and
to reduce the Nation’s reliance on imported energy
sources through research and development on ge-
neric, precompetitive technologies that enhance en-
ergy supply and improve the efficiency of energy end
uses, with an emphasis on long-term, high-risk re-
search.
HR 2142 IH1S
(3) To conduct basic research in energy-related
science and technology, in the fundamental under-
standing of matter, and in emerging scientific fields,
including construction and operation of unique sci-
entific instruments and facilities for use by the Fed-
eral Government, academia, industry, and other ap-
propriate non-Federal institutions.
(4) To carry out research and development for
the purpose of minimizing the environmental im-
pacts of the production and use of energy, nuclear
weapons, and materials, including the development
of technologies for the safe disposal and cleanup of
hazardous and radioactive wastes.
(5) To carry out such additional missions as
are assigned to the Department of Energy by the
President.
In furthering the core missions of the departmental lab-
oratories, the Secretary and the departmental laboratories
may establish mutually beneficial collaborative, mission-
oriented research and development relationships with
other agencies of the Federal Government, academia, and
other appropriate non-Federal institutions, providing for
the mutual sharing of nonproprietary and unclassified in-
formation.
HR 2142 IH1S
SEC. 103. PROCEDURE FOR MAKING PROPOSALS FOR LAB-
ORATORY 
MISSION 
ASSIGNMENTS 
AND
STREAMLINING.
(a) MISSION ASSIGNMENT AND STREAMLINING CRI-
TERIA.—
(1) IN
GENERAL.—Not later than 3 months
after the date of the enactment of this Act, the Sec-
retary shall publish in the Federal Register and
transmit to the relevant congressional committees
the criteria proposed to be used by the Secretary in
making proposals for the assignment of a mission or
missions to, and the streamlining, if necessary, of,
departmental laboratories. The Secretary shall pro-
vide an opportunity for public comment on the pro-
posed criteria for a period of at least 30 days and
shall include notice of that opportunity in the publi-
cation required under this paragraph. In developing
the criteria, the Secretary shall consider—
(A) the unique technical and experimental
capabilities which exist at each of the depart-
mental laboratories, including the critical infra-
structure needed for nuclear weapons systems
development, production, and maintenance;
(B) unnecessary duplication of effort by
departmental laboratories and overhead costs as
HR 2142 IH1S
a proportion of program benefits distributed
through a departmental laboratory;
(C) cost savings and increases that would
accrue through the streamlining of depart-
mental laboratories;
(D) the potential and appropriateness of
the performance of research and other missions
of the departmental laboratories by other enti-
ties such as academic, private industry, and
other Federal facilities; and
(E) expert advice from appropriate outside
individuals.
(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 relevant congressional committees
the final criteria to be used in making proposals for
the assignment of a mission or missions to, and the
streamlining of, departmental laboratories under this
section.
(b) SECRETARY’S PROPOSALS.—
(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 relevant congressional
HR 2142 IH1S
committees the Secretary’s proposals for mission as-
signments and streamlining for the departmental
laboratories, on the basis of the final criteria pub-
lished under subsection (a)(2) and the statement of
missions contained in section 3. In formulating those
proposals, the Secretary shall solicit the advice of
appropriate outside expert individuals.
(2) SUMMARY
OF
PROCESS.—The Secretary
shall include, with the proposals published and
transmitted pursuant to paragraph (1), a summary
of the process that resulted in the proposals for each
departmental laboratory, including a justification for
each proposal.
(c) AVAILABILITY OF INFORMATION.—The Secretary
shall make available to the Comptroller General of the
United States all information used by the Secretary in
making proposals under subsection (b).
(d) COMPTROLLER GENERAL REPORT.—The Comp-
troller General of the United States shall, not later than
15 months after the date of the enactment of this Act,
transmit to the relevant congressional committees a report
containing a detailed analysis of the Secretary’s proposals
and procedures.
HR 2142 IH1S
SEC. 104. ASSIGNMENT OF MISSIONS TO, AND STREAMLIN-
ING OF, DEPARTMENTAL LABORATORIES.
The Secretary shall—
(1) assign a mission or missions to all depart-
mental laboratories as proposed in the report trans-
mitted to the relevant congressional committees pur-
suant to section 103(b)(1);
(2) streamline all such laboratories proposed for
streamlining in such report; and
(3) complete the mission assignments and
streamlining not later than the end of the 4-year pe-
riod beginning on the date on which such report is
transmitted.
SEC. 105. 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 relevant congres-
sional committees—
(1) a schedule of the mission assignment and
streamlining actions 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 mission as-
signment and streamlining, and of the time period in
which these savings are to be achieved in each case;
and
HR 2142 IH1S
(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 mission assignments
and streamlining.
TITLE II—GOVERNANCE
SEC. 201. FINDINGS.
The Congress finds that—
(1) there is an inordinate internal focus at
every level of the Department of Energy and the de-
partmental laboratories on compliance issues and
questions of management processes, which takes a
major toll on research performance;
(2) there has been a growing emphasis at the
Department on administrative and support organiza-
tions and their oversight and compliance roles;
(3) the costs of dealing with review groups sig-
nificantly interferes with research operations at the
department laboratories;
(4) far too much influence has been ceded by
the Department to nonregulatory advisory boards,
and such organizations generate recommendations
with no apparent cost/benefit analysis, which results
in significant unnecessary expenditures and produc-
tivity losses; and
HR 2142 IH1S
(5) enforcement of environmental, safety, and
health rules, regulations, orders, and standards is a
function of government agencies other than the De-
partment of Energy.
SEC. 202. ELIMINATION OF SELF-REGULATION.
Notwithstanding any other provision of law, the De-
partment of Energy shall implement, but shall not be the
agency of enforcement of, Federal, State, and local envi-
ronmental, safety, and health rules, regulations, orders,
and standards at departmental laboratories, unless the
Secretary certifies that a particular action is unique to the
activities of the Department and is necessary to maintain
human health and safety.
SEC. 203. EFFECTIVE DATE.
This title shall take effect on October 1, 1996.
Æ