Page:United States Statutes at Large Volume 120.djvu/2539

 120 STAT. 2508

Establishment.

VerDate 14-DEC-2004

13:05 Jul 12, 2007

PUBLIC LAW 109–364—OCT. 17, 2006

(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) NNSA INTELLIGENCE AND COUNTERINTELLIGENCE LIAISON.— Section 3218 of the National Nuclear Security Administration Act (50 U.S.C. 2408) is amended in subsection (b)— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): ‘‘(4) Liaison with the Department of Energy’s Office of Intelligence and Counterintelligence.’’. (f) 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’’. (g) INTELLIGENCE EXECUTIVE COMMITTEE; BUDGET FOR INTELLIGENCE AND COUNTERINTELLIGENCE.—Section 214 of the Department of Energy Organization Act (42 U.S.C. 7144a) is amended— (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

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