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.