Congressional Record: May 10, 2006 (House)]
[Page H2444-H2445]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2007 (H.R. 5122)
[...]
SEC. 3117. CONSOLIDATION OF COUNTERINTELLIGENCE PROGRAMS OF
DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) Transfer of Functions.--The functions, personnel,
funds, assets, and other resources of the Office of Defense
Nuclear Counterintelligence of the National Nuclear Security
Administration are transferred to the Secretary of Energy, to
be administered (except to any extent otherwise directed by
the Secretary) by the Director of the Office of
Counterintelligence of the Department of Energy.
(b) NNSA Counterintelligence Office Abolished.--
(1) In general.--Section 3232 of the National Nuclear
Security Administration Act (50 U.S.C. 3232) is amended--
(A) by amending the heading to read as follows:
``SEC. 3232. OFFICE OF DEFENSE NUCLEAR SECURITY.'';
(B) by striking subsection (a) and inserting the following
new subsection (a):
``(a) Establishment.--There is within the Administration an
Office of Defense Nuclear Security, headed by a Chief
appointed by the Secretary of Energy. The Administrator shall
recommend to the Secretary suitable candidates for such
position.'';
(C) by striking subsection (b); and
(D) by redesignating subsection (c) as subsection (b).
(2) Conforming amendment.--The table of sections at the
beginning of the National Nuclear Security Administration Act
is amended by striking the item relating to section 3232 and
inserting the following new item:
``Sec. 3232. Office of Defense Nuclear Security.''.
(c) Counterintelligence Programs at NNSA Facilities.--
Section 3233 of the National Nuclear Security Administration
Act (50 U.S.C. 2423) is amended--
(1) in each of subsections (a) and (b), by striking ``The
Administrator shall'' and inserting ``The Secretary of Energy
shall''; and
(2) in subsection (b), by striking ``Office of Defense
Nuclear Counterintelligence'' and inserting ``Office of
Counterintelligence of the Department of Energy''.
(d) Status of NNSA Intelligence and Counterintelligence
Personnel.--Section 3220 of the National Nuclear Security
Administration Act (50 U.S.C. 2410) is amended by adding at
the end the following new subsection:
``(e) Status of Intelligence and Counterintelligence
Personnel.--Notwithstanding the restrictions of subsections
(a) and (b), each officer or employee of the Administration,
or of a contractor of the Administration, who is carrying out
activities related to intelligence or counterintelligence
shall, in carrying out those activities, be subject to the
authority, direction, and control of the Secretary of Energy
or the Secretary's delegate.''.
(e) Service From Which DOE Intelligence Director and
Counterintelligence Director Appointed.--Section 215(b)(1)
(42 U.S.C. 7144b(b)(1)) and section 216(b)(1) (42 U.S.C.
7144c(b)(1)) of the Department of Energy Organization Act are
each amended by striking ``which shall be a position in the
Senior Executive Service'' and inserting ``who shall be an
employee in the Senior Executive Service, the Senior
Intelligence Service, the Senior National Intelligence
Service, or any other Service that the Secretary, in
coordination with the Director of National Intelligence,
considers appropriate''.
(f) Intelligence Executive Committee; Budget for
Intelligence and Counterintelligence.--Section 214 of the
Department of Energy Organization Act (42 U.S.C. 7144a) is
amended--
[[Page H2445]]
(1) by inserting ``(a)'' before ``The Secretary shall be
responsible''; and
(2) by adding at the end the following:
``(b)(1) There is within the Department an Intelligence
Executive Committee. The Committee shall consist of the
Deputy Secretary of Energy, who shall chair the Committee,
and each Under Secretary of Energy.
``(2) The Committee shall be staffed by the Director of the
Office of Intelligence and the Director of the Office of
Counterintelligence.
``(3) The Secretary shall use the Committee to assist in
developing and promulgating the counterintelligence and
intelligence policies, requirements, and priorities of the
Department.
``(c) In the budget justification materials submitted to
Congress in support of each budget submitted by the President
to Congress under title 31, United States Code, the amounts
requested for the Department for intelligence functions and
the amounts requested for the Department for
counterintelligence functions shall each be specified in
appropriately classified individual, dedicated program
elements. Within the amounts requested for
counterintelligence functions, the amounts requested for the
National Nuclear Security Administration shall be specified
separately from the amounts requested for other elements of
the Department.''.
(g) Report.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the
Department of Energy shall submit to Congress a report on the
implementation of this section and of the amendments required
by this section. The report shall include the Inspector
General's evaluation of that implementation.