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
clause (i) at a rate equal to the daily equivalent
of the minimum annual rate of basic pay pay-
able 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 has not served
as a civilian employee of the Department of Energy
during the one-year period preceding the date of
such appointment.
(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
paragraphs (2) and (3), the Director, with the ap-
proval 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) LIMITATION.—Not more than one-fifth of
the personnel employed by or detailed to the Com-
mission may be on detail from the Department of
Energy.
(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 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 CLOSURE AND RECONFIGURATION OF
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 Department of Energy facilities
resulting in an overall budget for such facilities for
a fiscal year in an amount equal to the amount ap-
propriated for such facilities for the previous fiscal
year reduced by 25 percent. 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 program costs and program dis-
tributions on a State and county basis, includ-
ing real and personal property costs associated
with each Department of Energy facility consid-
ered;
(B) the number of participants in pro-
grams conducted through a Department of En-
ergy facility and staff resources involved;
(C) duplication of effort by Department of
Energy facilities and overhead costs as a pro-
portion of program benefits distributed through
a Department of Energy facility;
(D) cost savings and increases that would
accrue through the reconfiguration of Depart-
ment of Energy facilities; and
(E) changes in the roles and missions of
each Department of Energy facility considered.
(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
final criteria to be used in making recommendations
for the closure or reconfiguration of Department of
Energy facilities under this Act.
(b) SECRETARY’S RECOMMENDATIONS.—
(1) PUBLICATION IN FEDERAL REGISTER.—Not
later than 9 months after the date of the enactment
of this Act, the Secretary shall publish in the Fed-
eral Register and transmit to the congressional en-
ergy committees and to the Commission a list of the
Department of Energy facilities that the Secretary
recommends for closure or reconfiguration on the
basis of the final criteria referred to in subsection
(a).
(2) SUMMARY
OF
SELECTION
PROCESS.—The
Secretary shall include, with the list of recommenda-
tions published and transmitted pursuant to sub-
paragraph (A), a summary of the selection process
that resulted in the recommendation for each De-
partment of Energy facility, including a justification
for each recommendation.
(3) CONSIDERATION OF FACILITIES.—
(A) CONSIDERATION OF ALL FACILITIES.—
The Secretary shall consider all Department of
Energy research and development laboratories
and their related research and commercializa-
tion facilities in determining which facilities to
recommend for closure or reconfiguration under
this Act.
(B) EQUAL CONSIDERATION.—In consider-
ing Department of Energy facilities for closure
or reconfiguration, the Secretary shall consider
all such equally without regard to whether a fa-
cility has been previously considered or pro-
posed for closure or reconfiguration by the Sec-
retary.
(4) AVAILABILITY OF INFORMATION.—The Sec-
retary shall make available to the Commission and
the Comptroller General of the United States all in-
formation used by the Secretary in making rec-
ommendations to the Commission for closures and
reconfiguration.
(c) REVIEW AND RECOMMENDATIONS BY THE COM-
MISSION.—
(1) PUBLIC
HEARINGS.—After receiving the
recommendations from the Secretary pursuant to
subsection (b), the Commission shall conduct public
hearings on the recommendations.
(2) REPORT.—Not later than 15 months after
the date of the enactment of this Act, the Commis-
sion shall transmit to the President and the congres-
sional energy committees a report containing the
Commission’s findings and conclusions based on a
review and analysis of the recommendations made by
the Secretary, together with the Commission’s rec-
ommendations for closures and reconfigurations of
Department of Energy facilities. In conducting such
review and analysis, the Commission shall consider
all Department of Energy facilities.
(3) 
DEVIATION
FROM
SECRETARY’S
REC-
OMMENDATIONS.—In making its recommendations,
the Commission may make changes in any of the
recommendations made by the Secretary if the Com-
mission determines that the Secretary deviated sub-
stantially from the final criteria referred to in sub-
section (a) in making recommendations. The Com-
mission shall explain and justify in the report any
recommendation made by the Commission that is
different from the recommendations made by the
Secretary.
(4) PROVISION
OF
CERTAIN
INFORMATION.—
After transmitting the report, the Commission shall
promptly provide, upon request, to any Member of
Congress information used by the Commission in
making its recommendations.
(d) ASSISTANCE FROM COMPTROLLER GENERAL.—
The Comptroller General of the United States shall—
(1) assist the Commission, to the extent re-
quested, in the Commission’s review and analysis of
the recommendations made by the Secretary pursu-
ant to subsection (b); and
(2) not later than 12 months after the date of
the enactment of this Act, transmit to the congres-
sional energy committees and to the Commission a
report containing a detailed analysis of the Sec-
retary’s recommendations and selection process.
(e) REVIEW BY THE PRESIDENT.—
(1) IN GENERAL.—Not later than 16 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 17 months after the date of the
enactment of this Act, a revised list of recommenda-
tions for the closure and reconfiguration of Depart-
ment of Energy facilities resulting in an overall
budget for such facilities for a fiscal year in an
amount equal to the amount appropriated for such
facilities for the previous fiscal year reduced by 25
percent.
(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 18 months after the date of
the enactment of this Act, the process by which De-
partment of Energy facilities may be selected for clo-
sure or reconfiguration under this section shall be
terminated.
SEC. 4. CLOSURE AND RECONFIGURATION OF DEPART-
MENT OF ENERGY FACILITIES.
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary shall—
(1) close all Department of Energy facilities
recommended for closure by the Commission in the
report transmitted to the congressional energy com-
mittees by the President pursuant to section 3(e);
(2) reconfigure all such facilities recommended
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(e).
(b) CONGRESSIONAL DISAPPROVAL.—
(1) IN GENERAL.—The Secretary may not carry
out any closure or reconfiguration of a facility rec-
ommended by the Commission in the report trans-
mitted from the President pursuant to section 3(e)
if a joint resolution is enacted, in accordance with
the provisions of section 8, disapproving the rec-
ommendations 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.
In closing or reconfiguring a Department of Energy
facility under this section, the Secretary shall—
(1) take such actions as may be necessary to
close or reconfigure the facility;
(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 fa-
cility; 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.
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 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 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 subsection d(1)
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 funds deposited into and expended
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 Department of Energy
facilities, 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(e), 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 Fa-
cilities Closure and Reconfiguration 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 Facilities Closure and Reconfig-
uration Commission.’’.
(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, the
Committee on Energy and Commerce, and the Committee
on Science, Space, and Technology of the House of Rep-
resentatives. A resolution described in subsection (a) in-
troduced in the Senate shall be referred to the Committee