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.