29 May 1999
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

See full report of this excerpt: http://jya.com/s1059-pigs.zip

And report of Defense authorization bill: http://jya.com/hr106-162.zip

-----------------------------------------------------------------------

[Congressional Record: May 27, 1999 (Senate)]

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000

  The PRESIDING OFFICER. Under the previous order, the Senate will now
resume consideration of S. 1059, which the clerk will report.
  The legislative assistant read as follows:

       A bill (S. 1059) to authorize appropriations for fiscal
     year 2000 military activities of the Department of Defense,
     for military construction, and for defense activities of the
     Department of Energy, to prescribe personnel strengths for
     such fiscal year for the Armed Forces, and for other
     purposes.

[Excerpt]

       The Senator from Arizona [Mr. Kyl], for himself, Mr.
     Domenici, Mr. Murkowski, Mr. Shelby, Mr. Hutchinson, and Mr.
     Helms, proposes an amendment numbered 446.

  Mr. KYL. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       Strike Section 3158 and insert the following:

     ``SEC. 3158(A). ORGANIZATION OF DEPARTMENT OF ENERGY
                   COUNTERINTELLIGENCE, INTELLIGENCE, AND NUCLEAR
                   SECURITY PROGRAMS AND ACTIVITIES.

       ``(1) Office of Counterintelligence.--Title II of the
     Department of Energy Organization Act (42 U.S.C. 7131 et
     seq.) is amended by adding at the end the following:

                   `` `office of counterintelligence

       `` `Sec. 213. (a) There is within the Department an Office
     of Counterintelligence.
       `` `(b)(1) The head of the Office shall be the Director of
     the Office of Counterintelligence.
       `` `(2) The Secretary shall, with the concurrence of the
     Director of the Federal Bureau of Investigation, designate
     the head of the office from among senior executive service
     employees of the Federal Bureau of Investigation who have
     expertise in matters relating to counterintelligence.
       `` `(3) The Director of the Federal Bureau of Investigation
     may detail, on a reimbursable basis, any employee of the
     Bureau to the Department for service as Director of the
     Office. The service of an employee within the Bureau as
     Director of the Office shall not result in any loss of
     status, right, or privilege by the employee within the
     Bureau.
       `` `(4) The Director of the Office of Counterintelligence
     shall report directly to the Secretary.
       `` `(c)(1) The Director of the Office of
     Counterintelligence shall develop and ensure the
     implementation of security and counterintelligence programs
     and activities at Department facilities in order to reduce
     the threat of disclosure or loss of classified and other
     sensitive information at such facilities.
       `` `(2) The Director of the Office of Counterintelligence
     shall be responsible for the administration of the personnel
     assurance programs of the Department.
       `` `(3) The Director of the Office of Counterintelligence
     shall inform the Secretary, the Director of Central
     Intelligence, and the Director of the Federal Bureau of
     Investigation on a regular basis, and upon specific request
     by any such official, regarding the status and effectiveness
     of the security and counterintelligence programs and
     activities at Department facilities.
       `` `(4) The Director of the Office of Counterintelligence
     shall report immediately to the President of the United
     States, the Senate and the House of Representatives any
     actual or potential significant threat to, or loss of,
     national security information.
       `` `(5) The Director of the Office of Counterintelligence
     shall not be required to obtain the approval of any officer
     or employee of the Department of Energy for the preparation
     or delivery to Congress of any report required by this
     section; nor shall any officer or employee of the Department
     of Energy or any other Federal agency or department delay,
     deny, obstruct or otherwise interfere with the preparation of
     or delivery to Congress of any report required by this
     section.
       `` `(d)(1) Not later than March 1 each year, the Director
     of the Office of Counterintelligence shall submit to the
     Secretary, the Director of Central Intelligence, and the
     Director of the Federal Bureau of Investigation and to the
     Committees on Armed Services of the Senate and House of
     Representatives, the Committee on Energy and Natural
     Resources of the Senate, and the Committee on Commerce of the
     House of Representatives, and the Select Committee on
     Intelligence of the Senate, and the Permanent Select
     Committee on Intelligence of the House of Representatives, a
     report on the status and effectiveness of the security and
     counterintelligence programs and activities at Department
     facilities during the preceding year.
       `` `(2) Each report shall include for the year covered by
     the report the following:
       `` `(A) A description of the status and effectiveness of
     the security and counterintelligence programs and activities
     at Department facilities.
       `` `(B) The adequacy of the Department of Energy's
     procedures and policies for protecting national security
     information, making such recommendations to Congress as may
     be appropriate.
       `` `(C) Whether each Department of Energy national
     laboratory is in full compliance with all Departmental
     security requirements, and if not what measures are being
     taken to bring such laboratory into compliance.
       `` `(D) A description of any violation of law or other
     requirement relating to intelligence, counterintelligence, or
     security at such facilities, including--
       `` `(i) the number of violations that were investigated;
     and
       `` `(ii) the number of violations that remain unresolved.
       `` `(E) A description of the number of foreign visitors to
     Department facilities, including the locations of the visits
     of such visitors.
       `` `(3) Each report submitted under this subsection to the
     committees referred to in paragraph (1) shall be submitted in
     unclassified form, but may include a classified annex.
       `` `(e) Every officer or employee of the Department of
     Energy, every officer or employee of a Department of Energy
     national laboratory, and every officer or employee of a
     Department of Energy contractor, who has reason to believe
     that there is an actual or potential significant threat to,
     or loss of, national security information shall immediately
     report such information to the Director of the Office of
     Counterintelligence.
       `` `(f) Thirty days prior to the report required by
     subsection d(2)(C), the Director of each Department of Energy
     national laboratory shall certify in writing to the Director
     of the Office of Counterintelligence whether that laboratory
     is in full compliance with all Departmental national security
     information protection requirements. If the laboratory is not
     in full compliance, the Director of the laboratory shall
     report on why it is not in compliance, what measures are
     being taken to bring it into compliance, and when it will be
     in compliance.
       `` `(g) Within 180 days of the date of enactment of this
     Act, the Secretary of Energy shall report to the Senate and
     the House of Representatives on the adequacy of the
     Department of Energy's procedures and policies for protecting
     national security information, including national security
     information at the Department's laboratories, making such
     recommendations to Congress as may be appropriate.
       `` `OFFICE OF INTELLIGENCE
       `` `Sec. 214. (a) There is within the Department an Office
     of Intelligence.
       `` `(b)(1) The head of the Office shall be the Director of
     the Office of Intelligence.
       `` `(2) The Director of the Office shall be a senior
     executive service employee of the Department.
       ```(3) The Director of the Office of Intelligence shall
     report directly to the Secretary.
       `` `(c) The Director of the Office of Intelligence shall be
     responsible for the programs and activities of the Department
     relating to the analysis of intelligence with respect to
     nuclear weapons and materials, other nuclear matters, and
     energy security.

                  `` `nuclear security administration

       `` `Sec. 215. (a) There shall be within the Department an
     agency to be known as the Nuclear Security Administration, to
     be headed by an Administrator, who shall report directly to,
     and shall be accountable directly to, the Secretary. The
     Secretary may not delegate to any Department official the
     duty to supervise the Administrator.
       `` `(b)(1) The Assistant Secretary assigned the functions
     under section 203(a)(5) shall serve as the Administrator.

[[Page S6194]]

       `` `(2) The Administrator shall be responsible for the
     executive and administrative operation of the functions
     assigned to the Administration, including functions with
     respect to (A) the selection, appointment, and fixing of the
     compensation of such personnel as the Administrator considers
     necessary, (B) the supervision of personnel employed by or
     assigned to the Administration, (C) the distribution of
     business among personnel and among administrative units of
     the Administration, and (D) the procurement of services of
     experts and consultants in accordance with section 3109 of
     title 5, United States Code. The Secretary shall provide to
     the Administrator such support and facilities as the
     Administrator determines is needed to carry out the functions
     of the Administration.
       `` `(c)(1) The personnel of the Administration, in carrying
     out any function assigned to the Administrator, shall be
     responsible to, and subject to the supervision and direction
     of, the Administrator, and shall not be responsible to, or
     subject to the supervision or direction of, any officer,
     employee, or agent of any other part of the Department of
     Energy.
       `` `(2) For purposes of this subsection, the term
     ``personnel of the Administration'' means each officer or
     employee within the Department of Energy, and each officer or
     employee of any contractor of the Department, whose--
       `` `(A) responsibilities include carrying out a function
     assigned to the Administrator; or
       `` `(B) employment is funded under the Weapons Activities
     budget function of the Department.
       `` `(d) The Secretary shall assign to the Administrator
     direct authority over, and responsibility for, the nuclear
     weapons production facilities and the national laboratories.
     The functions assigned to the Administrator with respect to
     the nuclear weapons production facilities and the national
     laboratories shall include, but not be limited to, authority
     over, and responsibility for, the following:
       `` `(1) Strategic management.
       `` `(2) Policy development and guidance.
       `` `(3) Budget formulation and guidance.
       `` `(4) Resource requirements determination and allocation.
       `` `(5) Program direction.
       `` `(6) Safeguard and security operations.
       `` `(7) Emergency management.
       `` `(8) Integrated safety management.
       `` `(9) Environment, safety, and health operations.
       `` `(10) Administration of contracts to manage and operate
     the nuclear weapons production facilities and the national
     laboratories.
       `` `(11) Oversight.
       `` `(12) Relationships within the Department of Energy and
     with other Federal agencies, the Congress, State, tribal, and
     local governments, and the public.
       `` `(13) Each of the functions described in subsection (f).
       `` `(e) The head of each nuclear weapons production
     facility and of each national laboratory shall report
     directly to, and be accountable directly to, the
     Administrator.
       `` `(f) The Administrator may delegate functions assigned
     under subsection (d) only within the headquarters office of
     the Administrator, except that the Administrator may delegate
     to the head of a specified operations office functions
     including, but not limited to, providing or supporting the
     following activities at a nuclear weapons production facility
     or a national laboratory:
       `` `(1) Operational activities.
       `` `(2) Program execution.
       `` `(3) Personnel.
       `` `(4) Contracting and procurement.
       `` `(5) Facility operations oversight.
       `` `(6) Integration of production and research and
     development activities.
       `` `(7) Interaction with other Federal agencies, State,
     tribal, and local governments, and the public.
       `` `(g) The head of a specified operations office, in
     carrying out any function delegated under subsection (f) to
     that head of that specified operations office, shall report
     directly to, and be accountable directly to, the
     Administrator.
       `` `(h) In each annual authorization and appropriations
     request under this Act, the Secretary shall identify the
     portion thereof intended for the support of the
     Administration and include a statement by the Administrator
     showing (1) the amount requested by the Administrator in the
     budgetary presentation to the Secretary and the Office of
     Management and Budget, and (2) an assessment of the budgetary
     needs of the Administration. Whenever the Administrator
     submits to the Secretary, the President, or the Office of
     Management and Budget any legislative recommendation or
     testimony, or comments on legislation prepared for submission
     to the Congress, the Administrator shall concurrently
     transmit a copy thereof to the appropriate committees of the
     Congress.
       `` `(i) As used in this section:
       `` `(1) The term `nuclear weapons production facility'
     means any of the following facilities:
       `` `(A) The Kansas City Plant, Kansas City, Missouri.
       `` `(B) The Pantex Plant, Amarillo, Texas.
       `` `(C) The Y-12 Plant, Oak Ridge, Tennessee.
       `` `(D) The tritium operations facilities at the Savannah
     River Site, Aiken, South Carolina.
       `` `(E) The Nevada Test Site, Nevada.
       `` `(2) The term ``national laboratory'' means any of the
     following laboratories:
       `` `(A) The Los Alamos National Laboratory, Los Alamos, New
     Mexico.
       `` `(B) The Lawrence Livermore National Laboratory,
     Livermore, California.
       `` `(C) The Sandia National Laboratories, Albuquerque, New
     Mexico, and Livermore, California.
       `` `(3) The term ``specified operations office'' means any
     of the following operations offices of the Department of
     Energy:
       `` `(A) Albuquerque Operations Office, Albuquerque, New
     Mexico.
       `` `(B) Oak Ridge Operations Office, Oak Ridge, Tennessee.
       `` `(C) Oakland Operations Office, Oakland, California.
       `` `(D) Nevada Operations Office, Nevada Test Site, Las
     Vegas, Nevada.
       `` `(E) Savannah River Operations Office, Savannah River
     Site, Aiken, South Carolina.'.
       ``(b) In General.--Section 203 of such Act (42 U.S.C. 7133)
     is amended by adding at the end of the following new
     subsection:
       `` `(c) The Assistant Secretary assigned the functions
     under section (a)(5) shall be a person who, by reason of
     professional background and experience, is specially
     qualified--
       `` `(1) to manage a program designed to ensure the safety
     and reliability of the nuclear weapons stockpile;
       `` `(2) to manage the nuclear weapons production facilities
     and the national laboratories;
       `` `(3) protect national security information; and
       `` `(4) to carry out the other functions of the
     Administrator of the Nuclear Security Administration.'.
       ``(c) Clerical Amendment.--The table of contents for that
     Act is amended by inserting after the item relating to
     section 212 the following items:
`` `213. Office of Counterintelligence.
`` `214. Office of Intelligence.
`` `215. Nuclear Security Administration'.''

-----
