[Congressional Record Volume 146, Number 81 (Friday, June 23, 2000)]
[Senate]
[Pages S5736-S5737]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WARNER (for himself and Mr. Byrd):
  S. 2782. 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; to the Committee on Armed Services.


                national commission on nuclear security

  Mr. WARNER. Mr. President, this legislation on behalf of myself and 
Senator Byrd, believe would establish a commission to examine the 
Department of Energy; National Security programs, which I believe will 
help restore the trust of the American people in the nuclear weapons 
programs of the United States.
  Mr. President, 2 weeks ago, the Nation learned that two identical 
computer hard drives, containing highly classified nuclear weapons 
information, were missing at the Los Alamos National Laboratory. These 
computer discs are used by the Department of Energy's Nuclear Emergency 
Search Team (known as NEST) to respond to incidents of nuclear 
terrorism or other nuclear incidents.
  The Committee on Armed Services held a hearing, in both open and 
closed session, earlier this week to hear from the Secretary of Energy 
on this matter. I must tell my colleagues that I was not satisfied with 
all the answers provided by the Secretary during that hearing.
  Sadly, this most recent incident is just one more potentially 
catastrophic security failure in a series of security failures at our 
important nuclear weapons labs. I need not remind my colleagues that it 
was just one year ago this week that Congress was in the midst of an 
intensive investigation into allegations of Chinese espionage at these 
very same Department of Energy labs.
  Under the Rules of the Senate, the Committee on Armed Services is 
responsible for ``the national security aspects of nuclear energy,'' 
which includes the DOE nuclear weapons labs. We take this 
responsibility very seriously.
  That is why, today, I and Senator Byrd are sending to the desk a bill 
to establish a congressional commission--with commissioners to be 
appointed solely by the leadership of the Congress--to examine the 
efficacy of the current structure of DOE and to make recommendations to 
the Congress on whether the Department of Energy's national security 
programs--particularly nuclear weapons programs--should remain as a 
semiautonomous agency within the Department of Energy, or be moved to 
the Department of Defense, or possibly be established as an independent 
agency, as was the case with the Atomic Energy Commission.
  Let me be clear, this commission will not re-examine or make 
recommendations regarding the internal structure of the NNSA, which was 
thoroughly reviewed and debated during the National Defense 
Authorization Conference last year. Nor will it hinder the new NNSA 
Administrator's efforts to fully establish his new agency. I am 
confident that, under General John Gordon's leadership, the internal 
structure of the NNSA will be sound. To the contrary, the existence of 
the commission will act as a safeguard against those who would seek to 
impede General Gordon in carrying out his statutory missions.
  There is no higher calling--of any Member of this body or any 
President--than to protect this great Nation from the threats from 
nuclear weapons.
  It is my intent to require this commission to report back to Congress 
in May of next year, to capture both the current and the forthcoming 
Administrations' views on where these programs should reside.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.

[[Page S5737]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2782

       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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