Sec. 3166. CONGRESSIONAL ADVISORY PANEL ON THE GOVERNANCE OF THE NUCLEAR SECURITY ENTERPRISE

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## SEC. 3166 CONGRESSIONAL ADVISORY PANEL ON THE GOVERNANCE OF THE NUCLEAR SECURITY ENTERPRISE ###

(a)Establishment There is established a congressional advisory panel to be known as the “Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise” (in this section referred to as the “advisory panel”). The purpose of the advisory panel is to examine options and make recommendations for revising the governance structure, mission, and management of the nuclear security enterprise. ###

(b)Composition and Meetings ####

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

(A)Two by the chairman of the Committee on Armed Services of the House of Representatives. #####

(B)Two by the ranking minority member of the Committee on Armed Services of the House of Representatives. #####

(C)Two by the chairman of the Committee on Armed Services of the Senate. #####

(D)Two by the ranking minority member of the Committee on Armed Services of the Senate. #####

(E)One by the Speaker of the House of Representatives. #####

(F)One by the minority leader of the House of Representatives. #####

(G)One by the majority leader of the Senate. #####

(H)One by the minority leader of the Senate. ####

(2)Co-chairmen Two members of the advisory panel shall serve as co-chairmen of the advisory panel. The co-chairmen shall be designated as follows: #####

(A)The chairman of the Committee on Armed Services of the House of Representatives and the ranking minority member of the Committee on Armed Services of the Senate, in consultation with the Speaker of the House of Representatives and the minority leader of the Senate, shall jointly designate one member of the advisory panel to serve as co-chairman of the advisory panel. #####

(B)The chairman of the Committee on Armed Services of the Senate and the ranking minority member of the Committee on Armed Services of the House of Representatives, in consultation with the majority leader of the Senate and the minority leader of the House of Representatives, shall jointly designate one member of the advisory panel to serve as co-chairman of the advisory panel. ####

(3)Security clearance required Each individual appointed as a member of the advisory panel shall possess (or have recently possessed before the date of such appointment) the appropriate security clearance necessary to carry out the duties of the advisory panel. ####

(4)Period of appointment; vacancies Each member of the advisory panel shall be appointed for the life of the advisory panel. Any vacancy in the advisory panel shall be filled in the same manner as the original appointment. ####

(5)Meetings The advisory panel shall commence its first meeting by not later than March 1, 2013, so long as at least two members have been appointed under paragraph

(1)by such date. ###

(c)Cooperation From Government ####

(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, including access to classified information, necessary for the advisory panel to carry out its duties under this section. With respect to access to classified information, the Director of National Intelligence may determine which information is necessary under this paragraph. ####

(2)Liaison The following heads of Federal agencies shall each designate at least one officer or employee of the respective agency to serve as a liaison officer between the agency and the advisory panel: #####

(A)The Secretary of State. #####

(B)The Secretary of Defense. #####

(C)The Secretary of Energy. #####

(D)The Secretary of Homeland Security. #####

(E)The Director of National Intelligence. ###

(d)Reports Required ####

(1)Interim report Not later than March 1, 2014, the advisory panel shall submit to the President, the Secretary of Defense, the Secretary of Energy, the Committees on Armed Services and Energy and Natural Resources of the Senate, and the Committees on Armed Services and Energy and Commerce of the House of Representatives an interim report on the initial findings, conclusions, and recommendations of the advisory panel. To the extent practicable, the interim report shall address the matters described in paragraph

(2)and focus on the immediate, near-term actions the advisory panel recommends be taken. ####

(2)Report Not later than July 1, 2014, the advisory panel shall submit to the President, the Secretary of Defense, the Secretary of Energy, the Committees on Armed Services and Energy and Natural Resources of the Senate, and the Committees on Armed Services and Energy and Commerce of the House of Representatives a report on the findings, conclusions, and recommendations of the advisory panel. The report shall include the following: #####

(A)An assessment of each option considered by the advisory panel for revising the governance structure, mission, and management of the nuclear security enterprise, including the advantages, disadvantages, costs, risks, and benefits of each such option. #####

(B)The recommendation of the advisory panel with respect to the most appropriate governance structure, mission, and management of the nuclear security enterprise. #####

(C)Recommendations of the advisory panel with respect to— ######

(i)the appropriate missions of the nuclear security enterprise, including how complementary missions should be managed while ensuring focus on core missions; ######

(ii)the organization and structure of the nuclear security enterprise and the Federal agency responsible for such enterprise; ######

(iii)the roles, responsibilities, and authorities of Federal agencies, Federal officials, the national security laboratories and nuclear weapons production facilities, and the directors of such laboratories and facilities, including mechanisms for holding such officials and directors accountable; ######

(iv)the allocation of roles and responsibilities with respect to the mission, operations, safety, and security of the nuclear security enterprise; ######

(v)the relationships among the Federal agency responsible for the nuclear security enterprise and the National Security Council, the Nuclear Weapons Council, the Department of Energy, the Department of Defense, and other Federal agencies; ######

(vi)the interagency planning, programming, and budgeting process for the nuclear security enterprise; ######

(vii)the appropriate means for managing and overseeing the nuclear security enterprise, including the role of federally funded research and development centers, the role and impact of various contracting and fee structures, the appropriate role of contract competition and nonprofit and for-profit contractors, and the use of performance-based and transactional oversight; ######

(viii)the appropriate means for ensuring the health of the intellectual capital of the nuclear security enterprise, including recruitment and retention of personnel and enhancement of a robust professional culture of excellence; ######

(ix)the appropriate means for ensuring the health and sustainment of the critical capabilities and physical infrastructure of the nuclear security enterprise; ######

(x)infrastructure, rules, regulations, best practices, standards, and appropriate oversight mechanisms to ensure robust protection of the health and safety of workers and the public while also providing such workers the ability to effectively and efficiently carry out their mission; ######

(xi)the appropriate congressional committee structure for oversight of the nuclear security enterprise; ######

(xii)the length of the terms and suggested qualifications for senior officials of the Federal agency responsible for the nuclear security enterprise; ######

(xiii)contracting, budget planning, program management, and regulatory changes to reduce the cost of programs and administration without eroding mission effectiveness or requirements and ensuring robust protection of the health and safety of workers and the public; and ######

(xiv)statutory, regulatory, and policy changes necessary for implementing the recommendations of the advisory panel. #####

(D)An assessment of if and how the recommendations of the advisory panel will lead to greater mission focus and more effective and efficient program management for the nuclear security enterprise. #####

(E)Any other information or recommendations relating to the future of the nuclear security enterprise that the advisory panel considers appropriate. ###

(e)Funding Of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the Department of Defense, not more than $3,000,000 shall be made available to the advisory panel to carry out this section. ###

(f)Termination The advisory panel shall terminate not later than September 30, 2014. ###

(g)Definitions In this section: ####

(1)The term “national security laboratory” has the meaning given that term in section 4002(6) of the Atomic Energy Defense Act, as amended by section 3131(a). ####

(2)The term “nuclear security enterprise” has the meaning given that term in section 4002(5) of the Atomic Energy Defense Act, as amended by section 3131(a). ####

(3)The term “nuclear weapons production facility” has the meaning given that term in section 4002(7) of the Atomic Energy Defense Act, as amended by section 3131(a). ## Subtitle F American Medical Isotopes Production