I
106TH CONGRESS
1ST SESSION
H. R. 2032
To amend the Department of Energy Organization Act to establish a Nuclear
Security Administration and an Office of Under Secretary for National
Security in the Department of Energy.
IN THE HOUSE OF REPRESENTATIVES
JUNE 7, 1999
Mr. THORNBERRY introduced the following bill; which was referred to the
Committee on Commerce, and in addition to the Committees on Armed
Services, and Science, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend the Department of Energy Organization Act to
establish a Nuclear Security Administration and an
Office of Under Secretary for National Security in the
Department of Energy.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. NUCLEAR SECURITY ADMINISTRATION.
(a) IN GENERAL.—The Department of Energy Orga-
nization Act is amended by inserting after section 212 (42
U.S.C. 7143) the following new section:
‘‘NUCLEAR SECURITY ADMINISTRATION
‘‘SEC. 213. (a) There shall be within the Department
an agency to be known as the Nuclear Security Adminis-
tration, to be headed by an Administrator, who shall re-
port directly to, and shall be accountable directly to, the
Secretary. The Secretary may not delegate to any Depart-
ment official the duty to supervise the Administrator.
‘‘(b)(1) The Under Secretary for National Security
shall serve as the Administrator.
‘‘(2) The Administrator shall be responsible for the
executive and administrative operation of the functions as-
signed to the Administration, including functions with re-
spect to (A) the selection, appointment, and fixing of the
compensation of such personnel as the Administrator con-
siders necessary, (B) the supervision of personnel em-
ployed by or assigned to the Administration, (C) the dis-
tribution of business among personnel and among admin-
istrative units of the Administration, and (D) the procure-
ment of services of experts and consultants in accordance
with section 3109 of title 5, United States Code. The Sec-
retary shall provide to the Administrator such support and
facilities as the Administrator determines are needed to
carry out the functions of the Administration.
‘‘(c)(1) The personnel of the Administration, in car-
rying out any function assigned to the Administrator, shall
be responsible to, and subject to the supervision and direc-
tion 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 ‘per-
sonnel of the Administration’ means each officer or em-
ployee 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)(1) The Administrator shall (A) manage a pro-
gram designed to ensure the safety and reliability of the
nuclear weapons stockpile, (B) direct the nuclear weapons
production facilities and the national laboratories, and (C)
be primarily responsible for other national security func-
tions of the Department of Energy involving nuclear weap-
ons research and development.
‘‘(2) The Secretary shall assign to the Administrator
direct authority over, and responsibility for, the nuclear
weapons production facilities and the national labora-
tories. The functions assigned to the Administrator with
respect to the nuclear weapons production facilities and
portion thereof intended for the support of the Adminis-
tration and include a statement by the Administrator
showing (1) the amount requested by the Administrator
in the budgetary presentation to the Secretary and the Of-
fice 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 Adminis-
trator shall concurrently transmit a copy thereof to the
appropriate committees of the Congress.
‘‘(i) This section may not be construed to limit or
restrict the ability of a national laboratory to carry out
research and development activities for an entity within
the Department of Energy other than the Administration
or for any other Federal or non-Federal entity.
‘‘(j) As used in this section:
‘‘(1) The term ‘nuclear weapons production fa-
cility’ 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, Ten-
nessee.
‘‘(D) The tritium operations facilities at
the Savannah River Site, Aiken, South Caro-
lina.
‘‘(E) The Nevada Test Site, Nevada.
‘‘(2) The term ‘national laboratory’ means any
of the following laboratories:
‘‘(A) The Los Alamos National Labora-
tory, Los Alamos, New Mexico.
‘‘(B) The Lawrence Livermore National
Laboratory, Livermore, California.
‘‘(C) The Sandia National Laboratories,
Albuquerque, New Mexico, and Livermore, Cali-
fornia.
‘‘(3) The term ‘specified operations office’
means any of the following operations offices of the
Department of Energy:
‘‘(A) Albuquerque Operations Office, Albu-
querque, 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) UNDER SECRETARY FOR NATIONAL SECURITY.—
Section 202 of such Act (42 U.S.C. 7132) is amended by
adding at the end the following new subsection:
‘‘(c)(1) There shall be in the Department an Under
Secretary for National Security, who shall be appointed
by the President, by and with the advice and consent of
the Senate, and who shall perform such functions and du-
ties as the Secretary shall prescribe. Notwithstanding sec-
tion 203(a), the Secretary shall assign to the Under Sec-
retary for National Security the functions described in sec-
tion 203(a)(5).
‘‘(2) The Under Secretary for National Security shall
be a person who, by reason of professional background and
experience, is specially qualified—
‘‘(A) to manage a program designed to ensure
the safety and reliability of the nuclear weapons
stockpile;
‘‘(B) to manage the nuclear weapons production
facilities and the national laboratories; and
‘‘(C) to carry out the functions of the Adminis-
trator of the Nuclear Security Administration.’’.
(c) TRANSITION PROVISION.—The Assistant Sec-
retary assigned the functions under section 203(a)(5) of
such Act on the date before the date of the enactment
of this Act shall serve as the Under Secretary for National
Security until an Under Secretary for National Security
is appointed under section 202(c) of such Act.
(d) CONFORMING AMENDMENT.—Section 203(a) of
such Act is amended by striking ‘‘eight’’ and inserting
‘‘seven’’.
(e) CLERICAL AMENDMENT.—The table of contents
in the first section of such Act is amended by inserting
after the item relating to section 212 the following new
item:
‘‘Sec. 213. Nuclear Security Administration.’’.
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