[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2782 Introduced in Senate (IS)]







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.

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

SECTION 1. NATIONAL COMMISSION ON NUCLEAR SECURITY.

    (a) Establishment.--There is hereby established a commission to be 
known as the ``National Commission on Nuclear Security'' (in this 
section referred to as the ``Commission'').
    (b) Organizational Matters.--(1)(A) Subject to subparagraph (B), 
the Commission shall be composed of 14 members appointed from among 
individuals in the public and private sectors who have recognized 
experience in matters related to nuclear weapons and materials, 
safeguards and security, counterintelligence, and organizational 
management, as follows:
            (i) Three shall be appointed by the Majority Leader of the 
        Senate.
            (ii) Two shall be appointed by the Minority Leader of the 
        Senate.
            (iii) Three shall be appointed by the Speaker of the House 
        of Representatives.
            (iv) Two shall be appointed by the Minority Leader of the 
        House of Representatives.
            (v) One shall be appointed by the Chairman of the Committee 
        on Armed Services of the Senate.
            (vi) One shall be appointed by the ranking member of the 
        Committee on Armed Services of the Senate.
            (vii) One shall be appointed by the Chairman of the 
        Committee on Armed Services of the House of Representatives.
            (viii) One shall be appointed by the ranking member of the 
        Committee on Armed Services of the House of Representatives.
    (B) The members of the Commission may not include a sitting Member 
of Congress or any officer of the United States who serves at the 
discretion of the President.
    (C) Members of the Commission shall be appointed not later than 60 
days after the date of the enactment of this Act.
    (2) Any vacancies in the Commission shall be filled in the same 
manner as the original appointment, and shall not affect the powers of 
the Commission.
    (3)(A) Subject to subparagraph (B), the chairman of the Commission 
shall be designated by the Majority Leader of the Senate, in 
consultation with the Speaker of the House of Representatives, from 
among the members of the Commission appointed under paragraph (1)(A).
    (B) The chairman of the Commission may not be designated under 
subparagraph (A) until seven members of the Commission have been 
appointed under paragraph (1).
    (4) The Commission may commence its activities under this section 
upon the designation of the chairman of the Commission under paragraph 
(3).
    (5) The members of the Commission shall establish procedures for 
the activities of the Commission, including procedures for calling 
meetings, requirements for quorums, and the manner of taking votes.
    (c) Duties.--The Commission shall review the efficacy of the 
organization of the National Nuclear Security Administration, and the 
appropriate organization and management of the nuclear weapons programs 
of the United States, under the current Presidential Administration and 
under the Presidential Administration commencing in 2001, including--
            (1) whether the requirements and objectives of the National 
        Nuclear Security Administration Act are being fully implemented 
        by the Secretary of Energy and Administrator of the National 
        Nuclear Security Administration;
            (2) the feasibility and advisability of various means of 
        improving the security and counterintelligence posture of the 
        programs of the National Nuclear Security Administration;
            (3) the feasibility and advisability of various 
        modifications of existing management and operating contracts 
        for the laboratories under the jurisdiction of the National 
        Nuclear Security Administration; and
            (4) whether the national security functions of the 
        Department of Energy, including the National Nuclear Security 
        Administration, should--
                    (A) be transferred to the Department of Defense;
                    (B) be established as a semiautonomous agency 
                within the Department of Defense;
                    (C) be established as an independent agency; or
                    (D) remain as a semiautonomous agency within the 
                Department of Energy (as provided for under the 
                provisions of the National Nuclear Security 
                Administration Act (title XXXII of Public Law 106-65)).
    (d) Report.--(1) Not later than May 1, 2001, the Commission shall 
submit to Congress and to the Secretary of Defense and the Secretary of 
Energy a report containing the findings and recommendations of the 
Commission as a result of the review under subsection (c).
    (2) The report shall include any comments pertinent to the review 
by an individual serving as the Secretary of Defense, and an individual 
serving as the Secretary of Energy, during the duration of the review 
that any such individual considers appropriate for the report.
    (3) The report may include recommendations for legislation and 
administrative action.
    (e) Personnel Matters.--(1)(A) Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5316 of title 5, United States Code, for each day (including 
traveltime) during which such member is engaged in the performance of 
the duties of the Commission.
    (B) All members of the Commission who are officers or employees of 
the United States shall serve without compensation in addition to that 
received for their services as officers or employees of the United 
States.
    (2) The members of the Commission 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 Commission.
    (3) Any officer or employee of the United States may be detailed to 
the Commission without reimbursement, and such detail shall be without 
interruption or loss of civil service status or privilege.
    (f) Inapplicability of FACA.--The provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
activities of the Commission.
    (g) Termination.--The Commission shall terminate not later than 90 
days after the date on which the Commission submits its report under 
subsection (d).
    (h) Funding.--Of the amounts authorized to be appropriated by 
sections 3101 and 3103, not more than $975,000 shall be available for 
the activities of the Commission under this section. Amounts available 
to the Commission under this section shall remain available until 
expended.
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