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'.'' -----