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.