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existing and emerging ballistic missile threat to the Russian
Federation.
(b) COOPERATION FROM GOVERNMENT OFFICIALS.—
In carrying out its duties, the Commission should receive
the full and timely cooperation of the Secretary of Defense,
the Director of Central Intelligence, and any other United
States Government official responsible for providing the
Commission with analyses, briefings, and other information
necessary for the fulfillment of its responsibilities.
SEC. 803. REPORT.
The Commission shall, not later than six months after
the date of its first meeting, submit to Congress a report
on its findings and conclusions.
SEC. 804. POWERS.
(a) HEARINGS.—The Commission or, at its direction,
any panel or member of the Commission, may, for the pur-
pose of carrying out the provisions of this title, hold hear-
ings, sit and act at times and places, take testimony, receive
evidence, and administer oaths to the extent that the Com-
mission or any panel or member considers advisable.
(b) INFORMATION.—The Commission may secure di-
rectly from the Department of Defense, the Central Intel-
ligence Agency, and any other Federal department or agen-
cy information that the Commission considers necessary to
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enable the Commission to carry out its responsibilities
under this title.
SEC. 805. COMMISSION PROCEDURES.
(a) MEETINGS.—The Commission shall meet at the
call of the Chairman.
(b) QUORUM.—(1) Five members of the Commission
shall constitute a quorum other than for the purpose of hold-
ing hearings.
(2) The Commission shall act by resolution agreed to
by a majority of the members of the Commission.
(c) COMMISSION.—The Commission may establish
panels composed of less than full membership of the Com-
mission for the purpose of carrying out the Commission’s
duties. The actions of each such panel shall be subject to
the review and control of the Commission. Any findings and
determinations made by such a panel shall not be consid-
ered the findings and determinations of the Commission un-
less approved by the Commission.
(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMIS-
SION.—Any member or agent of the Commission may, if
authorized by the Commission, take any action which the
Commission is authorized to take under this title.
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SEC. 806. PERSONNEL MATTERS.
(a) PAY OF MEMBERS.—Members of the Commission
shall serve without pay by reason of their work on the Com-
mission.
(b) TRAVEL EXPENSES.—The members of the Commis-
sion shall be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places
of business in the performance of services for the Commis-
sion.
(c) STAFF.—(1) The chairman of the Commission
may, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, appoint a staff director and such additional per-
sonnel as may be necessary to enable the Commission to
perform its duties. The appointment of a staff director shall
be subject to the approval of the Commission.
(2) The chairman of the Commission may fix the pay
of the staff director and other personnel without regard to
the provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to classification
of positions and General Schedule pay rates, except that
the rate of pay fixed under this paragraph for the staff di-
rector may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title and the
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rate of pay for other personnel may not exceed the max-
imum rate payable for grade GS–15 of the General Sched-
ule.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon re-
quest of the chairman of the Commission, the head of any
Federal department or agency may detail, on a non-
reimbursable basis, any personnel of that department or
agency to the Commission to assist it in carrying out its
duties.
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The chairman of the Commission may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates for individ-
uals which do not exceed the daily equivalent of the annual
rate of basic pay payable for level V of the Executive Sched-
ule under section 5316 of such title.
TITLE IX—AGENCY FOR
NUCLEAR STEWARDSHIP
SEC. 901. DEPARTMENT OF ENERGY NUCLEAR SECURITY.
(a) Section 202(a) of the Department of Energy Orga-
nization Act (referred to in this section as the ‘‘Act’’) is
amended by striking the second sentence and inserting ‘‘The
Secretary shall delegate to the Deputy Secretary such duties
as the Secretary may prescribe unless such delegation is oth-
erwise prohibited by law, and the Deputy Secretary shall
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act for and exercise the functions of the Secretary during
the absence or disability of the Secretary or in the event
the office of the Secretary becomes vacant.’’.
(b) Section 202(b) of the Act is amended by striking
the first two sentences and inserting ‘‘There shall be in the
Department two Under Secretaries and a General Counsel,
who shall be appointed by the President, by and with the
advice and consent of the Senate. One Under Secretary shall
be the Under Secretary for Nuclear Stewardship. The other
Under Secretary shall bear primary responsibility for
science, energy (including energy conservation), and envi-
ronmental functions.’’.
(c) After section 212 of the Act add the following new
section:
‘‘AGENCY FOR NUCLEAR STEWARDSHIP
‘‘SEC. 213(a) There shall be within the Department a
separately organized Agency for Nuclear Stewardship under
the direction, authority, and control of the Secretary, to be
headed by the Under Secretary for Nuclear Stewardship
who shall also serve as Director of the Agency.
‘‘(b) The Under Secretary for Nuclear Stewardship
shall be a person who has an extensive background in na-
tional security, organizational management and appro-
priate technical fields, and is especially well qualified to
manage the nuclear weapons, nonproliferation and fissile
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materials disposition programs of the Department in a
manner that advances and protects the national security
of the United States.
‘‘(c) The Secretary shall be responsible for all policies
of the Agency. The Under Secretary for Nuclear Steward-
ship shall report solely and directly to the Secretary and
shall be subject to the supervision and direction of the Sec-
retary. The Secretary shall have a staff adequate to fulfill
the responsibility to set policies throughout the Department
including establishing policies governing the Agency for Nu-
clear Stewardship. The Secretary’s staff, including but not
limited to the General Counsel and the Chief Financial Of-
ficer, shall assist the Secretary in the supervision of the de-
velopment and implementation of policies set forth by the
Secretary and shall advise the Secretary on the adequacy
of such development and implementation. The Secretary
may not delegate to any Department official, other than
the Deputy Secretary, the duty to supervise or direct the
Under Secretary for Nuclear Stewardship.
‘‘(d) The Secretary may direct other officials of the De-
partment who are not within the Agency for Nuclear Stew-
ardship to review the Agency’s programs and to make rec-
ommendations to the Secretary regarding the administra-
tion of such programs, including consistency with other
similar programs and activities in the Department.
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‘‘(9) environment, safety, and health operations
(except those environmental remediation and nuclear
waste management activities and facilities that the
Secretary determines are best managed by other offi-
cials of the Department);
‘‘(10) administration of contracts, including
those for the management and operation of the nu-
clear weapons production facilities and the national
security laboratories;
‘‘(11) intelligence;
‘‘(12) counterintelligence;
‘‘(13) personnel, including their selection, ap-
pointment, distribution, supervision, fixing of com-
pensation, and separation;
‘‘(14) procurement of services of experts and con-
sultants in accordance with section 3109 of title 5,
United States Code; and
‘‘(15) legal matters.
‘‘(g) There shall be within the Agency three Deputy
Directors, each of whom shall be appointed by the President,
by and with the advice and consent of the Senate, who shall
be compensated at the rate provided for at level IV of the
Executive Schedule under section 5315 of title 5 (except the
Deputy Director for Naval Reactors when an active duty
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naval officer). There shall be a Deputy Director for each
of the following functions—
‘‘(1) defense programs;
‘‘(2) nonproliferation and fissile materials dis-
position; and
‘‘(3) naval reactors.
‘‘(h) The Deputy Director for Naval Reactors shall re-
port to the Secretary of Energy through the Under Sec-
retary for Nuclear Stewardship and have direct access to
the Secretary and other senior officials of the Department,
and shall be assigned the responsibilities, authorities, and
accountability for all functions of the Office of Naval Reac-
tors as described by the reference in section 1634 of Public
Law 98–525. Except as specified in subsection (g) and this
subsection, all other provisions described by the reference
in section 1634 of Public Law 98–525 remain in full force
until changed by law.
‘‘(i) There shall be within the Agency three offices, each
of which shall be administered by a Chief appointed by the
Under Secretary for Nuclear Stewardship. There shall be
a:
‘‘(1) Chief of Nuclear Stewardship Counterintel-
ligence, who shall report to the Under Secretary and
implement the counterintelligence policies directed by
the Secretary and Under Secretary. The Chief of Nu-
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clear Stewardship Counterintelligence shall have di-
rect access to the Secretary and all other officials of
the Department and its contractors concerning coun-
terintelligence matters and shall be responsible for—
‘‘(A) the development and implementation
of the Agency’s counterintelligence programs to
prevent the disclosure or loss of classified or
other sensitive information; and
‘‘(B) the development and administration of
personnel assurance programs within the Agency
for Nuclear Stewardship.
‘‘(2) Chief of Nuclear Stewardship Security, who
shall report to the Under Secretary and shall imple-
ment the security policies directed by the Secretary
and Under Secretary. The chief of Nuclear Steward-
ship Security shall have direct access to the Secretary
and all other officials of the Department and its con-
tractors concerning security matters and shall be re-
sponsible for the development and implementation of
security programs for the Agency including the pro-
tection, control and accounting of materials, and the
physical and cybersecurity for all facilities in the
Agency.
‘‘(3) Chief of Nuclear Stewardship Intelligence,
who shall be a senior executive service employee of the
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Agency or an agency of the intelligence community
who shall report to the Under Secretary and shall
have direct access to the Secretary and all other offi-
cials of the Department and its contractors con-
cerning intelligence matters and shall be responsible
for all programs and activities of the Agency relating
to the analysis and assessment of intelligence with re-
spect to foreign nuclear weapons, materials, and other
nuclear matters in foreign nations.
‘‘(j)(1) The Under Secretary shall, with the approval
of the Secretary and the Director of the Federal Bureau of
Investigation, designate the chief of Counterintelligence who
shall have special expertise in counterintelligence.
‘‘(2) If such person is a Federal employee of an entity
other than the Agency, the service of such employee as Chief
shall not result in any loss of employment status, right, or
privilege by such employee.
‘‘(k) All personnel of the Agency for Nuclear Steward-
ship, in carrying out any function of the Agency, shall be
responsible to, and subject to the supervision and direction
of, the Secretary and the Under Secretary for Nuclear Stew-
ardship or his designee within the Agency, and shall not
be responsible to, or subject to the supervision or direction
of, any other officer, employee, or agent of any other part
of the Department. Such supervision and direction of any
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Director or contract employee of a national security labora-
tory or of a nuclear weapons production facility shall not
interfere with communication to the Department, the Presi-
dent, or Congress, of technical findings or technical assess-
ments derived from, and in accord with, duly authorized
activities. The Under Secretary for Nuclear Stewardship
shall have responsibility and authority for, and may use,
an appropriate field structure for the programs and activi-
ties of the Agency.
‘‘(l) The Under Secretary for Nuclear Stewardship
shall delegate responsibilities to the Deputy Directors except
that the responsibilities, authorities and accountability of
the Deputy Director for Naval Reactors are as described in
subsection (h).
‘‘(m) The Directors of the national security labora-
tories and the heads of the nuclear weapons production fa-
cilities and the Nevada Test Site shall report, consistent
with their contractual obligations, directly to the Deputy
Director for Defense Programs.
‘‘(n) The Under Secretary for Nuclear Stewardship
shall maintain within the Agency staff sufficient to imple-
ment the policies of the Secretary and Under Secretary for
Nuclear Stewardship for the Agency. At a minimum these
staff shall be responsible for—
‘‘(1) personnel;
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‘‘(2) legal services; and
‘‘(3) financial management.
‘‘(o)(1) The Secretary shall ensure that other programs
of the Department, other Federal agencies, and other appro-
priate entities continue to use the capabilities of the na-
tional security laboratories.
‘‘(2) The Under Secretary, under the direction, author-
ity, and control of the Secretary, shall, consistent with the
effective discharge of the Agency’s responsibilities, make the
capabilities of the national security laboratories available
to the entities in paragraph (1) in a manner that continues
to provide direct programmatic control by such entities.
‘‘(p)(1) Not later than March 1 of each year the Under
Secretary for Nuclear Stewardship shall submit through the
Secretary to the Director of Central Intelligence, the Direc-
tor of the Federal Bureau of Investigation, the Senate and
the House of Representatives, a report on the status and
effectiveness of the security and counterintelligence pro-
grams of the Agency for Nuclear Stewardship during the
preceding year.
‘‘(2) The report shall provide information on—
‘‘(A) the status and effectiveness of security and
counterintelligence programs at each nuclear weapons
production facility, national security laboratory, or
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any other facility or institution at which classified
nuclear weapons work is performed;
‘‘(B) the adequacy of procedures and policies for
protecting national security information at each nu-
clear weapons production facility, national security
laboratory, or any other facility or institution at
which classified nuclear weapons work is performed;
‘‘(C) whether each nuclear weapons production
facility, national security laboratory, or other facility
or institution at which classified nuclear weapons
work is performed is in full compliance with all secu-
rity and counterintelligence requirements, and if not
what measures are being taken or are in place to
bring such facility, laboratory, or institution into
compliance;
‘‘(D) any significant violation of law, rule, regu-
lation, or other requirement relating to security or
counterintelligence at each nuclear weapons produc-
tion facility, national security laboratory, or any
other facility or institution at which classified nu-
clear weapons work is performed;
‘‘(E) each foreign visitor or assignee, the na-
tional security laboratory, nuclear weapons produc-
tion facility, or other facility or institution at which
classified nuclear weapons work is performed, visited,
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the purpose and justification for the visit, the dura-
tion of the visit, whether the visitor or assignee had
access to classified or sensitive information or facili-
ties, and whether a background check was performed
on such visitor prior to such visit; and
‘‘(F) such other matters and recommendations to
Congress as the Under Secretary deems appropriate.
‘‘(3) Each report required by this subsection shall be
submitted in unclassified form, but may include a classified
annex.
‘‘(4) Thirty days prior to the submission of the report
required by subsection (p)(1), but in any event no later
than February 1 of each year, the director of each Depart-
ment of Energy national security laboratory and nuclear
weapons production facility shall certify in writing to the
Under Secretary for Nuclear Stewardship whether that lab-
oratory or facility is in full compliance with all national
security information protection requirements. If the labora-
tory or facility is not in full compliance, the director of
the laboratory or facility shall report on why it is not in
compliance, what measures are being taken to bring it into
compliance, and when it will be in compliance.
‘‘(q) The Under Secretary for Nuclear Stewardship
shall keep the Secretary, the Committees on Armed Services
of the Senate and House of Representatives, the Committee
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on Energy and Natural Resources of the Senate, the Com-
mittee on Governmental Affairs of the Senate, the Com-
mittee on Commerce of the House of Representatives, the
Select Committee on Intelligence of the Senate, and the Per-
manent Select Committee on Intelligence of the House of
Representatives fully and currently informed regarding any
actual or potential significant threat to, or loss of, national
security information, unless such information has already
been reported to the Senate Select Committee on Intelligence
and the House Permanent Select Committee on Intelligence
pursuant to the National Security Act of 1947, as amended.
‘‘(r) Personnel of the Agency for Nuclear Stewardship
who have reason to believe that there is a problem, abuse,
violation of law or executive order, or deficiency relating
to the management of classified information shall promptly
report such problem, abuse, violation, or deficiency to the
Under Secretary for Nuclear Stewardship.
‘‘(s)(1) The Under Secretary for Nuclear Stewardship
shall not be required to obtain the approval of any officer
or employee of the Department of Energy, except the Sec-
retary, or any officer or employee of any other Federal
agency or department for the preparation or delivery of any
report required by this section.
‘‘(2) No officer or employee of the Department of En-
ergy or any other Federal agency or department may delay,
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deny, obstruct or otherwise interfere with the preparation
of any report required by this section.
‘‘(t) For purposes of this section—
‘‘(1) the term ‘personnel of the Agency for Nu-
clear Stewardship’ means each officer or employee
within the Department of Energy, and any officer or
employee of any contractor of the Department (pursu-
ant to the terms of the contract), whose—
‘‘(A) responsibilities include carrying out a
function of the Agency for Nuclear Stewardship;
or
‘‘(B) employment is funded primarily
under the—
‘‘(i) Weapons Activities; or
‘‘(ii) Nonproliferation, Fissile Mate-
rials Disposition or Naval Reactors por-
tions of the Other Defense Activities budget
functions of the Department;
‘‘(2) the term ‘nuclear weapons production facil-
ity’ means the following facilities—
‘‘(A) the Kansas City Plant, Kansas City,
Missouri;
‘‘(B) the Pantex Plant, Amarillo, Texas;
‘‘(C) the Y–12 Plant, Oak Ridge, Tennessee;
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‘‘(D) the tritium operations facilities at the
Savannah River Site, Aiken, South Carolina;
‘‘(E) the Nevada Test Site, Nevada; and
‘‘(F) any other facility the Secretary des-
ignates.
‘‘(3) the term ‘national security laboratory’
means the following laboratories—
‘‘(A) the Los Alamos National Laboratory,
Los Alamos, New Mexico;
‘‘(B) the Lawrence Livermore National Lab-
oratory, Livermore, California; and
‘‘(C) the Sandia National Laboratories, Al-
buquerque, New Mexico, and Livermore, Cali-
fornia.
‘‘(u) The Agency for Nuclear Stewardship shall comply
with all applicable environmental, safety, and health stat-
utes and substantive requirements. The Under Secretary for
Nuclear Stewardship shall develop procedures for meeting
such requirements. Nothing in this section shall diminish
the authority of the Secretary to ascertain and ensure that
such compliance occurs.
‘‘(v) The Secretary shall be responsible for developing
and promulgating departmental security, counterintel-
ligence and intelligence policies, and may use his imme-
diate staff to assist him in developing and promulgating
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such policies. The Under Secretary for Nuclear Stewardship
is responsible for implementation of all security, counter-
intelligence and intelligence policies within the Agency for
Nuclear Stewardship. The Under Secretary for Nuclear
Stewardship may establish agency-specific policies unless
disapproved by the Secretary.
‘‘(w) In addition to any personnel occupying senior-
level positions in the Department on the date of enactment
of this section, there shall be within the Agency not more
than 25 additional employees in senior-level positions, as
defined by title 5, United States Code, who shall be em-
ployed by the Agency for Nuclear Stewardship and who
shall perform such functions as the Under Secretary for Nu-
clear Stewardship shall prescribe from time to time.’’.
(d) Within 180 days of the date of enactment of this
Act, the Secretary shall report to the Senate and the House
of Representatives on the adequacy of the Department’s pro-
cedures and policies for protecting national security infor-
mation, including national security information at the De-
partment’s laboratories, nuclear weapons facilities and
other facilities, making such recommendations to Congress
as may be appropriate.
(e) The following technical and conforming amend-
ments are made:
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(1) Section 5314 of title 5, United States Code,
is amended by striking ‘‘Under Secretary, Depart-
ment of Energy’’ and inserting ‘‘Under Secretaries of
Energy (2), one of whom serves as the Director, Agen-
cy for Nuclear Stewardship’’.
(2) Section 202(b) of the Act is amended in the
third sentence by striking ‘‘Under Secretary’’ and in-
serting ‘‘Under Secretaries’’.
(3) Section 212 of the Act is amended by striking
subsection 212(b) and redesignating subsection 212(c)
as subsection 212(b).
(4) Section 309 of the Act is amended by striking
‘‘Assistant Secretary to whom the Secretary has as-
signed the functions listed in section 203(a)(2)(E)’’
and inserting ‘‘Under Secretary for Nuclear Steward-
ship’’.
(5) The table of contents of the Act is amended
by inserting after the item relating to section 212 the
following new item:
‘‘Sec. 213. Agency for Nuclear Stewardship.’’.
Attest:
Secretary.