II

106TH CONGRESS

2D SESSION S. 2782

To establish a commission to examine the efficacy of the organization of

the National Nuclear Security Administration and the appropriate organization to manage the nuclear weapons programs of the United States.

IN THE SENATE OF THE UNITED STATES

JUNE 23, 2000

Mr. WARNER (for himself and Mr. BYRD) introduced the following bill; which

was read twice and referred to the Committee on Armed Services

A BILL

To establish a commission to examine the efficacy of the

organization of the National Nuclear Security Administration and the appropriate organization to manage the

nuclear weapons programs of the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. NATIONAL COMMISSION ON NUCLEAR SECU4 RITY.

5 (a) ESTABLISHMENT.—There is hereby established a

6 commission to be known as the ‘‘National Commission on

7 Nuclear Security’’ (in this section referred to as the

8 ‘‘Commission’’).
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1 (b) ORGANIZATIONAL MATTERS.—(1)(A) Subject to

2 subparagraph (B), the Commission shall be composed of

3 14 members appointed from among individuals in the pub4 lic and private sectors who have recognized experience in

5 matters related to nuclear weapons and materials, safe6 guards and security, counterintelligence, and organiza7 tional management, as follows:

8 (i) Three shall be appointed by the Majority

9 Leader of the Senate.

10 (ii) Two shall be appointed by the Minority

11 Leader of the Senate.

12 (iii) Three shall be appointed by the Speaker of

13 the House of Representatives.

14 (iv) Two shall be appointed by the Minority

15 Leader of the House of Representatives.

16 (v) One shall be appointed by the Chairman of

17 the Committee on Armed Services of the Senate.

18 (vi) One shall be appointed by the ranking

19 member of the Committee on Armed Services of the

20 Senate.

21 (vii) One shall be appointed by the Chairman of

22 the Committee on Armed Services of the House of

23 Representatives.
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1 (viii) One shall be appointed by the ranking

2 member of the Committee on Armed Services of the

3 House of Representatives.

4 (B) The members of the Commission may not include

5 a sitting Member of Congress or any officer of the United

6 States who serves at the discretion of the President.

7 (C) Members of the Commission shall be appointed

8 not later than 60 days after the date of the enactment

9 of this Act.

10 (2) Any vacancies in the Commission shall be filled

11 in the same manner as the original appointment, and shall

12 not affect the powers of the Commission.

13 (3)(A) Subject to subparagraph (B), the chairman of

14 the Commission shall be designated by the Majority Lead15 er of the Senate, in consultation with the Speaker of the

16 House of Representatives, from among the members of the

17 Commission appointed under paragraph (1)(A).

18 (B) The chairman of the Commission may not be des19 ignated under subparagraph (A) until seven members of

20 the Commission have been appointed under paragraph (1).

21 (4) The Commission may commence its activities

22 under this section upon the designation of the chairman

23 of the Commission under paragraph (3).

24 (5) The members of the Commission shall establish

25 procedures for the activities of the Commission, including
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1 procedures for calling meetings, requirements for

2 quorums, and the manner of taking votes.

3 (c) DUTIES.—The Commission shall review the effi4 cacy of the organization of the National Nuclear Security

5 Administration, and the appropriate organization and

6 management of the nuclear weapons programs of the

7 United States, under the current Presidential Administra8 tion and under the Presidential Administration com9 mencing in 2001, including—

10 (1) whether the requirements and objectives of

11 the National Nuclear Security Administration Act

12 are being fully implemented by the Secretary of En13 ergy and Administrator of the National Nuclear Se14 curity Administration;

15 (2) the feasibility and advisability of various

16 means of improving the security and counterintel17 ligence posture of the programs of the National Nu18 clear Security Administration;

19 (3) the feasibility and advisability of various

20 modifications of existing management and operating

21 contracts for the laboratories under the jurisdiction

22 of the National Nuclear Security Administration;

23 and
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1 (4) whether the national security functions of

2 the Department of Energy, including the National

3 Nuclear Security Administration, should—

4 (A) be transferred to the Department of

5 Defense;

6 (B) be established as a semiautonomous

7 agency within the Department of Defense;

8 (C) be established as an independent agen9 cy; or

10 (D) remain as a semiautonomous agency

11 within the Department of Energy (as provided

12 for under the provisions of the National Nu13 clear Security Administration Act (title XXXII

14 of Public Law 106–65)).

15 (d) REPORT.—(1) Not later than May 1, 2001, the

16 Commission shall submit to Congress and to the Secretary

17 of Defense and the Secretary of Energy a report con18 taining the findings and recommendations of the Commis19 sion as a result of the review under subsection (c).

20 (2) The report shall include any comments pertinent

21 to the review by an individual serving as the Secretary

22 of Defense, and an individual serving as the Secretary of

23 Energy, during the duration of the review that any such

24 individual considers appropriate for the report.
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1 (3) The report may include recommendations for leg2 islation and administrative action.

3 (e) PERSONNEL MATTERS.—(1)(A) Each member of

4 the Commission who is not an officer or employee of the

5 Federal Government shall be compensated at a rate equal

6 to the daily equivalent of the annual rate of basic pay pre7 scribed for level IV of the Executive Schedule under sec8 tion 5316 of title 5, United States Code, for each day (in9 cluding traveltime) during which such member is engaged

10 in the performance of the duties of the Commission.

11 (B) All members of the Commission who are officers

12 or employees of the United States shall serve without com13 pensation in addition to that received for their services as

14 officers or employees of the United States.

15 (2) The members of the Commission shall be allowed

16 travel expenses, including per diem in lieu of subsistence,

17 at rates authorized for employees of agencies under sub18 chapter I of chapter 57 of title 5, United States Code,

19 while away from their homes or regular places of business

20 in the performance of services for the Commission.

21 (3) Any officer or employee of the United States may

22 be detailed to the Commission without reimbursement,

23 and such detail shall be without interruption or loss of

24 civil service status or privilege.
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1 (f) INAPPLICABILITY OF FACA.—The provisions of

2 the Federal Advisory Committee Act (5 U.S.C. App.) shall

3 not apply to the activities of the Commission.

4 (g) TERMINATION.—The Commission shall terminate

5 not later than 90 days after the date on which the Com6 mission submits its report under subsection (d).

7 (h) FUNDING.—Of the amounts authorized to be ap8 propriated by sections 3101 and 3103, not more than

9 $975,000 shall be available for the activities of the Com10 mission under this section. Amounts available to the Com11 mission under this section shall remain available until ex12 pended.

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