[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 703 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 703

   To authorize the Department of Energy to oversee certain safety, 
    security, and health functions of the National Nuclear Security 
                Administration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2007

Mr. Barton of Texas (for himself, Mr. Dingell, Mr. Hastert, Mr. Stupak, 
and Mr. Whitfield) introduced the following bill; which was referred to 
the Committee on Energy and Commerce, and in addition to the Committee 
 on Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To authorize the Department of Energy to oversee certain safety, 
    security, and health functions of the National Nuclear Security 
                Administration, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Nuclear Security 
Administration Accountability Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since Congress created the separately organized 
        National Nuclear Security Administration (NNSA) within the 
        Department of Energy in 1999, NNSA facilities have experienced 
        an inordinate number of security incidents relating to the 
        mishandling of classified information. The frequency of serious 
        security breaches has recently accelerated.
            (2) These incidents continue to occur even though the 
        National Nuclear Security Administration Act (title XXXII of 
        the National Defense Authorization Act for Fiscal Year 2000; 
        Public Law 106-65; 50 U.S.C. 2401 et seq.) specifically 
        empowered NNSA with the responsibility to oversee and enforce 
        safeguards and security (including cyber security), worker 
        health and safety, and other vital functions to ensure that 
        site contractors operate the weapons laboratories to protect 
        workers and safeguard the Nation's secrets.
            (3) In 2004, NNSA ordered a stand-down of all operations at 
        Los Alamos National Laboratory (LANL), Los Alamos, New Mexico, 
        for seven months due to multiple security incidents that 
        occurred in 2003 and 2004 relating to the mishandling of 
        classified removable electronic media. According to NNSA, the 
        stand-down at LANL cost the American taxpayers as much as 
        $370,000,000.
            (4) In 2005, the names, Social Security numbers, and other 
        personal information relating to the security clearance status 
        of more than 1,500 NNSA employees were stolen by hackers that 
        used the Internet to gain complete control of NNSA computer 
        networks. NNSA discovered this event in 2005; however, the head 
        of the NNSA, the Administrator for Nuclear Security, refused 
        for over nine months to report this event to the Secretary of 
        Energy or to notify the NNSA employees whose information was 
        stolen.
            (5) In 2006, an employee at LANL removed more than 1,588 
        pages of classified information from a classified vault. The 
        employee removed these documents in paper format and also used 
        electronic media to download classified information and remove 
        it from the classified vault. The classified information 
        included Secret/National Security Information and Secret/
        Restricted Data on nuclear weapons.
            (6) These ongoing events demonstrate NNSA has failed to 
        take any comprehensive action to protect national security and 
        prevent the loss of classified information.

SEC. 3. DEPARTMENT OF ENERGY TO OVERSEE CERTAIN SAFETY, SECURITY, AND 
              HEALTH FUNCTIONS OF NATIONAL NUCLEAR SECURITY 
              ADMINISTRATION.

    (a) NNSA Safety, Security, and Health Activities Subject to DOE 
Oversight.--Section 3220 of the National Nuclear Security 
Administration Act (50 U.S.C. 2410) is amended by adding at the end the 
following:
    ``(f) Status of Safety, Security, and Health 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 safeguards 
and security (including cyber security), emergency management, 
integrated safety management, or environment, safety, and health 
operations shall, in carrying out those activities, be subject to the 
authority, direction, and control of the Secretary of Energy or the 
Secretary's delegate.''.
    (b) Secretary Freed To Delegate Within DOE the Oversight of NNSA 
Safety, Security, and Health Activities.--Section 202(c)(3) of the 
Department of Energy Organization Act (42 U.S.C. 7132(c)(3)) is amended 
by striking ``Such authority'' and inserting ``With respect to an 
activity other than an activity specified in section 3220(f) of the 
National Nuclear Security Administration Act, such authority''.
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