S.Amdt. 2927Senate112th Congress (2011-2013)

To establish a congressional advisory panel on revising the governance structure of the National Nuclear Security Administration to permit it to operate more effectively and independently of the Department of Energy.

What it does: Adds Subtitle D--Other Matters SEC. 3141. CONGRESSIONAL ADVISORY PANEL ON THE GOVERNANCE STRUCTURE OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION AND ITS RELATIONSHIP TO OTHER FEDERAL AGENCIES at the end of title XXXI
Sponsored by Jon KylSen. Jon Kyl (R-AZ)
Submitted November 15, 2012

What it changes

1 change to S. 3254 · shown in the bill's text

Adds a section
  1. Adds Subtitle D--Other Matters SEC. 3141. CONGRESSIONAL ADVISORY PANEL ON THE GOVERNANCE STRUCTURE OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION AND ITS RELATIONSHIP TO OTHER FEDERAL AGENCIES at the end of title XXXI

    Adds a section

    In S. 3254 · Placed on Calendar Senate

    (B) in paragraph (2), by striking "Not later than 90 days after submitting the last report required under subsection (c)(3)" and inserting "Within seven months after receiving notification that all American Recovery and Reinvestment Act funds have been expended, but not later than April 30, 2016".

    Inserted: Subtitle D--Other Matters SEC. 3141. CONGRESSIONAL ADVISORY PANEL ON THE GOVERNANCE STRUCTURE OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION AND ITS RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    Inserted: (a) Establishment.--There is established a congressional advisory panel (in this section referred to as the "advisory panel") to assess the feasibility and advisability of, and make recommendations with respect to, revising the governance structure of the National Nuclear Security Administration (in this section referred to as the "Administration") to permit the Administration to operate more effectively.

    Inserted: (b) Composition.--

    Inserted: (1) Membership.--The advisory panel shall be composed of 12 members appointed as follows:

    Inserted: (A) Three by the speaker of the Committee on Armed Services of the House of Representatives.

    Inserted: (B) Three by the minority leader of the House of Representatives.

    Inserted: (C) Three by the majority leader of the Senate.

    Inserted: (D) Three by the minority leader of the Committee on Armed Services of the Senate.

    Inserted: (2) Chairman; vice chairman.--

    Inserted: (A) Chairman.--The speaker of the House of Representatives and the majority leader of the Senate shall jointly designate one member of the advisory panel to serve as chairman of the advisory panel.

    Inserted: (B) Vice chairman.--The minority leader of the House of Representatives and the minority leader of the Senate shall jointly designate one member of the advisory panel to serve as vice chairman of the advisory panel.

    Inserted: (3) Period of appointment; vacancies.--Each member of the advisory panel shall be appointed for a term of one year and may be reappointed for an additional period lasting until the termination of the advisory panel, in accordance with subsection (f). Any vacancy in the advisory panel shall be filled in the same manner as the original appointment.

    Show 25 more inserted paragraphs

    Inserted: (c) Cooperation From Federal Agencies.--

    Inserted: (1) Cooperation.--The advisory panel shall receive the full and timely cooperation of the Secretary of Defense, the Secretary of Energy, and any other Federal official in providing the advisory panel with analyses, briefings, and other information necessary for the advisory panel to carry out its duties under this section.

    Inserted: (2) Access to information.--Members of the advisory panel shall have access to all information, including classified information, necessary to carry out the duties of the advisory panel under this section. The security clearance process shall be expedited for members and staff of the advisory panel to the extent necessary to permit the advisory panel to carry out its duties under this section.

    Inserted: (3) Liaison.--The Secretary of Defense, the Secretary of State, and the Secretary of Energy shall each designate at least one officer or employee of the Department of Defense, Department of State and the Department of Energy, respectively, to serve as a liaison officer between the department and the advisory panel.

    Inserted: (d) Report Required.--Not later than 120 days after the date that each of the members of the advisory panel has been appointed, the advisory panel shall submit to the President, the Secretary of Defense, the Secretary of Energy, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives an interim report on the feasibility and advisability of revising the governance structure of the Administration to permit the Administration to operate more effectively, to be followed by a final report prior to the termination of the advisory panel in accordance with subsection (f). The report shall include the following:

    Inserted: (1) Recommendations with respect to the following:

    Inserted: (A) The organization and structure of the Administration, including the roles, responsibilities, and authorities of the Administration and mechanisms for holding the Administration accountable.

    Inserted: (B) The allocation of roles and responsibilities with respect to the safety and security of the nuclear weapons complex.

    Inserted: (C) The relationship of the Administration to the National Security Council, the Nuclear Weapons Council, the Department of Energy, the Department of Defense, as well as the national security laboratories, and other Federal agencies, as appropriate.

    Inserted: (D) The role of the Administration in the interagency process for planning, programming, and budgeting with respect to the nuclear weapons complex.

    Inserted: (E) Legislative changes necessary for revising the governance structure of the Administration.

    Inserted: (F) The appropriate structure for oversight of the Administration by congressional committees.

    Inserted: (G) The length of the term of the Administrator for Nuclear Security.

    Inserted: (H) The authority of the Administrator to appoint senior members of the Administrator's staff.

    Inserted: (I) Whether the nonproliferation activities of the Administration on the day before the date of the enactment of this Act should remain with the Administration or be transferred to another agency.

    Inserted: (J) Infrastructure, rules, and standards that will better protect the safety and health of nuclear workers, while also permitting those workers the appropriate freedom to efficiently and safely carry out their mission.

    Inserted: (K) Legislative or regulatory changes required to improve contracting best practices in order to reduce the cost of programs without eroding mission requirements.

    Inserted: (L) Whether the administration should operate more independently of the Department of Energy while reporting to the President, through the Secretary of Energy.

    Inserted: (2) An assessment of how revisions to the governance structure of the Administration will lead to a more mission-focused management structure capable of keeping programs on schedule and within cost estimates.

    Inserted: (3) An assessment of the disadvantages and benefits of each organizational structure for the Administration considered by the advisory panel.

    Inserted: (4) An assessment of how the national security laboratories can expand basic science in support of ancillary national security missions in a manner that mutually reinforces the stockpile stewardship mission of the Administration and encourages the retention of top performers.

    Inserted: (5) An assessment of how to better retain and recruit personnel, including recommendations for creating an improved professional culture that emphasizes the scientific, engineering, and national security objectives of the United States.

    Inserted: (6) Any other information or recommendations relating to revising the governance structure of the Administration that the advisory panel considers appropriate.

    Inserted: (e) Funding.--Of the amounts authorized to be appropriated for fiscal year 2013 and made available to the Department of Defense pursuant to this Act, not more than $1,000,000 shall be made available to the advisory panel to carry out this section.

    Inserted: (f) Sunset.--The advisory panel established by subsection (a) of this section shall be terminated on the date that is 365 days after the date that each of the twelve members of the advisory panel has first been appointed.

    Original wording

    At the end of title XXXI, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

At the end of title XXXI, add the following:

Subtitle D--Other Matters SEC. 3141. CONGRESSIONAL ADVISORY PANEL ON THE GOVERNANCE STRUCTURE OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION AND ITS RELATIONSHIP TO OTHER FEDERAL AGENCIES.

(a) Establishment.--There is established a congressional advisory panel (in this section referred to as the “advisory panel”) to assess the feasibility and advisability of, and make recommendations with respect to, revising the governance structure of the National Nuclear Security Administration (in this section referred to as the “Administration”) to permit the Administration to operate more effectively.

(b) Composition.--

(1) Membership.--The advisory panel shall be composed of 12 members appointed as follows:

(A) Three by the speaker of the Committee on Armed Services of the House of Representatives.

(B) Three by the minority leader of the House of Representatives.

(C) Three by the majority leader of the Senate.

(D) Three by the minority leader of the Committee on Armed Services of the Senate.

(2) Chairman; vice chairman.--

(A) Chairman.--The speaker of the House of Representatives and the majority leader of the Senate shall jointly designate one member of the advisory panel to serve as chairman of the advisory panel.

(B) Vice chairman.--The minority leader of the House of Representatives and the minority leader of the Senate shall jointly designate one member of the advisory panel to serve as vice chairman of the advisory panel.

(3) Period of appointment; vacancies.--Each member of the advisory panel shall be appointed for a term of one year and may be reappointed for an additional period lasting until the termination of the advisory panel, in accordance with subsection (f). Any vacancy in the advisory panel shall be filled in the same manner as the original appointment.

(c) Cooperation From Federal Agencies.--

(1) Cooperation.--The advisory panel shall receive the full and timely cooperation of the Secretary of Defense, the Secretary of Energy, and any other Federal official in providing the advisory panel with analyses, briefings, and other information necessary for the advisory panel to carry out its duties under this section.

(2) Access to information.--Members of the advisory panel shall have access to all information, including classified information, necessary to carry out the duties of the advisory panel under this section. The security clearance process shall be expedited for members and staff of the advisory panel to the extent necessary to permit the advisory panel to carry out its duties under this section.

(3) Liaison.--The Secretary of Defense, the Secretary of State, and the Secretary of Energy shall each designate at least one officer or employee of the Department of Defense, Department of State and the Department of Energy, respectively, to serve as a liaison officer between the department and the advisory panel.

(d) Report Required.--Not later than 120 days after the date that each of the members of the advisory panel has been appointed, the advisory panel shall submit to the President, the Secretary of Defense, the Secretary of Energy, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives an interim report on the feasibility and advisability of revising the governance structure of the Administration to permit the Administration to operate more effectively, to be followed by a final report prior to the termination of the advisory panel in accordance with subsection (f). The report shall include the following:

(1) Recommendations with respect to the following:

(A) The organization and structure of the Administration, including the roles, responsibilities, and authorities of the Administration and mechanisms for holding the Administration accountable.

(B) The allocation of roles and responsibilities with respect to the safety and security of the nuclear weapons complex.

(C) The relationship of the Administration to the National Security Council, the Nuclear Weapons Council, the Department of Energy, the Department of Defense, as well as the national security laboratories, and other Federal agencies, as appropriate.

(D) The role of the Administration in the interagency process for planning, programming, and budgeting with respect to the nuclear weapons complex.

(E) Legislative changes necessary for revising the governance structure of the Administration.

(F) The appropriate structure for oversight of the Administration by congressional committees.

(G) The length of the term of the Administrator for Nuclear Security.

(H) The authority of the Administrator to appoint senior members of the Administrator's staff.

(I) Whether the nonproliferation activities of the Administration on the day before the date of the enactment of this Act should remain with the Administration or be transferred to another agency.

(J) Infrastructure, rules, and standards that will better protect the safety and health of nuclear workers, while also permitting those workers the appropriate freedom to efficiently and safely carry out their mission.

(K) Legislative or regulatory changes required to improve contracting best practices in order to reduce the cost of programs without eroding mission requirements.

(L) Whether the administration should operate more independently of the Department of Energy while reporting to the President, through the Secretary of Energy.

(2) An assessment of how revisions to the governance structure of the Administration will lead to a more mission-focused management structure capable of keeping programs on schedule and within cost estimates.

(3) An assessment of the disadvantages and benefits of each organizational structure for the Administration considered by the advisory panel.

(4) An assessment of how the national security laboratories can expand basic science in support of ancillary national security missions in a manner that mutually reinforces the stockpile stewardship mission of the Administration and encourages the retention of top performers.

(5) An assessment of how to better retain and recruit personnel, including recommendations for creating an improved professional culture that emphasizes the scientific, engineering, and national security objectives of the United States.

(6) Any other information or recommendations relating to revising the governance structure of the Administration that the advisory panel considers appropriate.

(e) Funding.--Of the amounts authorized to be appropriated for fiscal year 2013 and made available to the Department of Defense pursuant to this Act, not more than $1,000,000 shall be made available to the advisory panel to carry out this section.

(f) Sunset.--The advisory panel established by subsection (a) of this section shall be terminated on the date that is 365 days after the date that each of the twelve members of the advisory panel has first been appointed.

Legislative Activity

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Senate amendment agreed to: Amendment SA 2927 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S7383-7384)

December 4, 2012

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Floor

Senate amendment agreed to: Amendment SA 2927 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S7383-7384)

December 4, 2012

Floor

Senate amendment proposed (on the floor): Amendment SA 2927 proposed by Senator Levin for Senator Kyl.(consideration: CR S7383-7385)

December 4, 2012

Floor

Amendment SA 2927 proposed by Senator Levin for Senator Kyl. (consideration: CR S7383-7385) To establish a congressional advisory panel on revising the governance structure of the National Nuclear Security Administration to permit it to operate more effectively and independently of the Department of Energy.

December 4, 2012

Floor

Amendment SA 2927 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S7383-7384)

December 4, 2012

Floor

Senate amendment submitted

November 15, 2012