[House Report 106-696]
[From the U.S. Government Publishing Office]
106th Congress Rept. 106-696
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
DEPARTMENT OF ENERGY SECURITY OVERSIGHT IMPROVEMENT ACT OF 2000
_______
June 23, 2000.--Ordered to be printed
_______
Mr. Bliley, from the Committee on Commerce, submitted the following
R E P O R T
[To accompany H.R. 3906]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, to whom was referred the bill
(H.R. 3906) to ensure that the Department of Energy has
appropriate mechanisms to independently assess the
effectiveness of its policy and site performance in the areas
of safeguards and security and cyber security, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 1
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 4
Hearings......................................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 6
Committee on Government Reform Oversight Findings................ 6
New Budget Authority, Entitlement Authority, and Tax Expenditures 6
Committee Cost Estimate.......................................... 6
Congressional Budget Office Estimate............................. 6
Federal Mandates Statement....................................... 8
Advisory Committee Statement..................................... 8
Constitutional Authority Statement............................... 8
Applicability to Legislative Branch.............................. 8
Exchange of Committee Correspondence............................. 8
Section-by-Section Analysis of the Legislation................... 9
Amendment
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Energy Security
Oversight Improvement Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) internal Department of Energy oversight of safeguards and
security has suffered over the years from inconsistent
application, lack of senior management attention, reduced
resources, and overlapping and conflicting roles and
responsibilities among various Department offices;
(2) the Department of Energy is in need of a statutorily-
based independent security oversight office with the
responsibility to regularly assess the effectiveness of the
Department's policy and site performance in the area of
safeguards and security, including computer security, and
report to the Secretary on such findings annually;
(3) the Department of Energy's oversight of security at its
sites should be streamlined to reduce overlapping and redundant
oversight, to improve accountability, and to ensure greater
consistency in application, findings, and reporting of results;
and
(4) it is appropriate to establish a single, independent
security oversight office within the Department of Energy,
without prejudice to the continued compliance assurance
activities conducted at the Department site level.
SEC. 3. OFFICE OF INDEPENDENT SECURITY OVERSIGHT.
(a) Office.--The Secretary of Energy shall maintain an Office of
Independent Security Oversight, which shall be headed by a Director
appointed by the Secretary without regard to political affiliation and
solely on the basis of integrity and demonstrated ability in the
oversight and evaluation of security for nuclear and classified
programs. The Director shall report directly to and be under the
general supervision of the Secretary, but the Director shall not report
to or be subject to supervision by any other office or officer of the
Department of Energy. The Secretary shall not prevent, prohibit, or
delay the Director from initiating, carrying out, or completing any
inspection, evaluation, or report undertaken pursuant to this Act. Such
Office shall be responsible for carrying out the missions and functions
described in subsections (c) and (d), but the Office shall have no
authority to establish or require the implementation of any change to
the policies, programs, or practices of the Department of Energy.
(b) Experts and Consultants.--In addition to employees of the
Department of Energy, the Director is authorized to utilize such
experts and consultants as the Director deems appropriate. For such
purposes, the Director may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code. Upon request of
the Director, the head of any Federal agency is authorized to detail,
on a reimbursable basis, any of the personnel of such agency to the
Director to assist the Director in carrying out functions under this
section.
(c) Mission.--The Office of Independent Security Oversight shall be
responsible for the independent evaluation of the effectiveness of
safeguards and security (including computer security) policies,
programs, and practices throughout the Department of Energy, including
the National Nuclear Security Administration. The Office shall identify
security weaknesses, make recommendations to the Secretary for
improvement, and review the effectiveness and timeliness of corrective
actions taken by the Department.
(d) Functions.--The Office of Independent Security Oversight shall
perform the following functions:
(1) Conduct regular evaluations of safeguards and security
programs at Department of Energy sites that have significant
amounts of special nuclear material, classified information, or
other security interests. The scope of the evaluations shall
include all aspects of safeguards and security, including
physical protection of special nuclear material, accountability
of special nuclear material, protection of classified and
sensitive information, classified and unclassified computer
security, personnel security, and interactions with foreign
nationals.
(2) Issue reports to the Secretary that clearly identify
specific findings relating to security weaknesses, and make
recommendations for improvement.
(3) Perform timely followup reviews to ensure that any
corrective actions implemented by the Department are effective.
(4) Evaluate and assess Department of Energy policies related
to safeguards and security.
(5) Develop recommendations and opportunities for improving
safeguards and security policies, programs, and practices for
submittal to the Secretary.
(6) Any other function the Secretary considers appropriate
and consistent with the mission described in subsection (c).
(e) Timing of Regular Evaluations.--
(1) General rule.--Except as provided in paragraph (2),
evaluations conducted under subsection (d)(1) shall occur at
least once every 2 years.
(2) Computer security evaluations.--Evaluations conducted
under subsection (d)(1) with respect to classified and
unclassified computer security shall occur at least once every
18 months.
(f) Access to Information.--In carrying out this section, the
Director shall have access to all records and personnel of the
Department concerning its safeguards and security programs, including
classified and unclassified computer security programs.
SEC. 4. REPORTS.
(a) Report by Office.--The Office of Independent Security Oversight
shall, before February 15 of each year, transmit to the Secretary of
Energy an unclassified report, with a classified appendix if requested
or necessary, summarizing the activities of the Office during the
immediately preceding calendar year. Such report shall include--
(1) a summary of each significant report made to the
Secretary pursuant to this Act during the reporting period,
including a description of key security findings contained in
those reports;
(2) the adequacy of corrective actions, if any, taken by the
Department to address significant problems and deficiencies;
(3) an identification of each significant problem or
deficiency described in previous annual reports on which
corrective action has not been effectively completed;
(4) a description and explanation of the reasons for any
significant revisions to security policy decisions made during
the reporting period; and
(5) a description of any significant security policy decision
with which the Director is in disagreement, along with an
explanation of the reasons for disagreement.
(b) Report by Secretary.--The Secretary of Energy shall, before March
15 of each year, transmit to the appropriate committees of Congress,
without alteration, the Office's annual report submitted under
subsection (a), along with an unclassified report, with a classified
appendix if requested or necessary, summarizing the Secretary's
response thereto. Such report from the Secretary shall include--
(1) a description of the Secretary's response to each
significant report and security finding made to the Secretary
pursuant to this Act during the reporting period;
(2) an explanation of the reasons for any failure on the part
of the Department of Energy to remedy security findings
identified by the Office in the current annual report and
previous annual reports; and
(3) to the extent relevant, an explanation of how the
President's budget submissions will impact the ability of the
Department to remedy unresolved security findings identified by
the Office in its annual reports.
(c) Public Availability.--Within 60 days after the transmission of
the annual reports to the Congress under subsection (b), the Secretary
of Energy shall make copies of the unclassified portions of such
reports available to the public.
(d) Special Reports.--The Director of the Office of Independent
Security Oversight shall report immediately to the Secretary of Energy
whenever the Director becomes aware of deficiencies relating to the
security programs, practices, or operations of the Department of Energy
that require an immediate response. The Secretary shall, within 7
calendar days after receiving a report under this subsection, notify
the appropriate committees of Congress in writing and explain the
corrective actions taken to address such deficiencies.
(e) Congressional Testimony and Briefings.--The Director of the
Office of Independent Security Oversight, whenever called to testify
before any Committee of Congress or to brief its Members or staff,
shall provide the Secretary of Energy with advance notice of the
subject matter of that testimony or briefing, but shall provide the
requested information to the Congress without any further review,
clearance, or approval by any other official in the Executive Branch.
Purpose and Summary
The purpose of H.R. 3906 is to strengthen the internal
oversight of physical and computer security within the
Department of Energy by establishing in statute an Office of
Independent Security Oversight within the Department of Energy
and requiring annual reporting to the Congress by the Secretary
of Energy.
Background and Need for Legislation
Prior to the establishment of the National Nuclear Security
Administration (NNSA) on March 1, 2000, the routine oversight
of security policies and practices at Department of Energy
(DOE) contractor-run laboratories and facilities had been the
responsibility of the various DOE operations offices, with
assistance from the Office of Security Affairs at DOE
Headquarters. In 1999, Secretary Richardson placed the primary
security responsibility within a newly-created Office of
Security and Emergency Operations, headed by a ``security
czar'' reporting directly to the Secretary. This office is
responsible for establishing and implementing DOE security
policies throughout the entire Department. DOE's implementation
plan for the NNSA creates a companion security policy office
within NNSA, but it is headed by the Secretary's security czar.
DOE calls this arrangement ``dual-hatting'' because the
position reports to both the Secretary and the NNSA
Administrator, depending on the site at issue.
Since 1982, DOE has also had an independent security
oversight group that performs inspections of field sites on an
as-needed basis. This independent oversight office has, at
various times in its history, reported to the Assistant
Secretary for Defense Programs, the Deputy Secretary of Energy,
the Under Secretary of Energy, the Assistant Secretary for
Environment, Safety and Health, and (now) the Secretary of
Energy. Its current name is the Office of Independent Oversight
and Performance Assurance. DOE's implementation plan for the
NNSA also acknowledges the role of the Office of Independent
Oversight and Performance Assurance as a centralized,
independent inspection function for the entire Department,
including NNSA facilities, and states that the new NNSA
organizational structure will not affect the role or
responsibilities of this office. But, unlike some aspects of
security and environment, safety, and health oversight in the
new NNSA, the Office of Independent Oversight and Performance
Assurance is not a ``dual-hatted'' position, and remains
reporting solely to the Secretary of Energy.
Numerous internal and external security experts have
observed that DOE security policies and practices have been
largely ineffective in ensuring that classified and nuclear
matter is adequately protected from unauthorized access.
Moreover, as the General Accounting Office found in a recent
report (``Nuclear Security: Improvements Needed in DOE's
Safeguards and Security Oversight,'' GAO/RCED-00-62, Feb. 24,
2000), DOE's security oversight historically has been
inconsistent at best, in part because such oversight has not
been sufficiently coordinated at a centralized level to ensure
that prompt corrective actions are taken and that lessons are
learned and shared throughout the DOE complex. Secretary
Richardson's decision to elevate the Office of Independent
Oversight and Performance Assurance to report directly to him
has been a positive first step in correcting some of these
historical management deficiencies. Legislation is needed to
ensure that this Office continuesto report directly to the
Secretary of Energy and is not ``demoted'' to a lower level in the DOE
organization by a future Secretary of Energy.
The Committee is also concerned that the effectiveness of
the Office of Independent Oversight and Performance Assurance
may be reduced with respect to sites falling within the new
NNSA structure. From a security standpoint, these are the DOE
sites with the greatest potential security risk because of the
materials and technologies employed in the design and
manufacture of nuclear weapons. The NNSA was established by
title 32 of the National Defense Authorization Act for Fiscal
Year 2000 (P.L. 106-65, 50 U.S.C. Sec. 2401 et seq.). Section
3213 of that Act provides that employees and contractors of the
NNSA are not subject to the authority, direction, or control of
any officer, employee, or agent of the Department of Energy
other than the Secretary of Energy, the Administrator of the
NNSA, or the Administrator's designee. Effective oversight
requires the oversight office to have full access to these
sites and to the information, materials, and personnel located
therein, and the ability to validate corrective actions taken
by these sites. To the extent that such activities could be
construed as directing or controlling NNSA employees, the law
may raise unintended obstacles to such oversight activities.
Legislation is needed to clarify that the Office of Independent
Security Oversight will have unimpeded access to information
and personnel at the NNSA sites.
Lastly, at various times in the past there has been poor
communications with the Congress regarding security problems at
DOE field sites. Therefore, the Committee provides for annual
reporting from the Office of Independent Security Oversight to
the Secretary of Energy and transmission of those reports,
without alteration or delay, from the Secretary to the
Congress. The Committee also intends to provide for uncensored
testimony and briefings to the Congress from the Director of
the Office of Independent Security Oversight.
Hearings
The Subcommittee on Energy and Power held a legislative
hearing on H.R. 3906 on March 22, 2000. The Subcommittee
received testimony from: Ms. Mary Anne Sullivan, General
Counsel, Department of Energy; the Honorable Richard A.
Meserve, Chairman, Nuclear Regulatory Commission; the Honorable
Jerrold R. Mande, Deputy Assistant Secretary for Labor,
Occupational Safety and Health Administration; the Honorable
John T. Conway, Chairman, Defense Nuclear Facilities Safety
Board; Ms. Gary Jones, Associate Director for Energy,
Resources, and Science Issues, Government Accounting Office;
Dr. Charles Shank, Director, Lawrence Berkeley National
Laboratory; Mr. Robert Van Ness, Assistant Vice President for
Laboratory Administration, University of California; Ms.
Maureen Eldredge, Program Director, Alliance for Nuclear
Accountability; Dr. David Adelman, Project Attorney, Natural
Resources Defense Council; and Mr. Richard Miller, Policy
Analyst, PACE International Union.
Committee Consideration
On April 12, 2000, the Subcommittee on Energy and Power met
in open markup session and approved H.R. 3906 for Full
Committee consideration, as amended, by a voice vote. On May
17, 2000, the Committee on Commerce met in open markup session
and ordered H.R. 3906 reported to the House, as amended, by a
voice vote, a quorum being present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 3906 reported. A motion by Mr. Bliley to order H.R. 3906
reported to the House, without amendment, was agreed to by a
voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held both legislative
and oversight hearings and made findings that are reflected in
this report.
Committee on Government Reform Oversight Findings
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, no oversight findings have been
submitted to the Committee by the Committee on Government
Reform.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3906, a bill to strengthen internal security oversight in the
Department of Energy, would result in no new or increased
budget authority, entitlement authority, or tax expenditures or
revenues.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 6, 2000.
Hon. Tom Bliley,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3906, the
Department of Energy Security Oversight Improvement Act of
2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lisa Cash
Driskill.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3906--Department of Energy Security Oversight Improvement Act of
2000
Summary: H.R. 3906 would direct the Secretary of Energy to
maintain an Office of Independent Security Oversight. CBO
estimates that implementing the bill would cost about $20
million a year, subject to appropriation of the necessary
funds. The office would be responsible for evaluating the
effectiveness of security policies, programs, and practices
(including computer security) throughout the Department of
Energy (DOE). H.R. 3906 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act (UMRA) and would impose no costs on state, local, or
tribal governments.
In addition to other duties, the office would be charged
with evaluating the security of programs that involve
significant amounts of nuclear material or classified
information at least once every two years, and evaluating
classified and unclassified computer security at least once
every 18 months. The bill would require DOE to report the
findings of these evaluations to the Congress every year.
The bill would authorize an office very similar to one that
was already established by the Secretary of Energy in May 1999,
and which received an appropriation of $20 million for fiscal
year 2000. This office is carrying out the activities that are
called by the legislation. Currently, the office is organized
under the Assistant Secretary for Environment, Safety, and
Health, but under this legislation, it would report directly to
the Secretary.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3906 is shown in the following table.
The costs of this legislation fall within budget functions 050
(defense) and 270 (energy).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Budget authority \1\........................................ 20 0 0 0 0 0
Estimated outlays........................................... 13 6 1 0 0 0
Proposed changes:
Estimated authorization level............................... 0 20 21 21 22 22
Estimated outlays........................................... 0 13 20 21 22 22
Spending under H.R. 3906:
Estimated authorization level \1\........................... 20 20 21 21 22 22
Estimated outlays........................................... 13 19 21 21 22 22
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year for DOE's existing Office of Independent Oversight
and Performance Assurance.
Basis of estimate: CBO estimates that the continuation of
the security functions now performed by DOE's Office of
Independent Oversight and Performance Assurance would cost $98
million over the 2001-2005 period, assuming annual adjustments
for anticipated inflation. Without such adjustments for
anticipated inflation, we estimate that continuing the work of
this office would cost $93 million over the next five years.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 3906
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Lisa Cash Driskill;
impact on State, local, and tribal governments: Victoria Heid
Hall; impact on the private sector: Natalie Tawil.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
States, and with the Indian tribes.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Exchange of Committee Correspondence
House of Representatives,
Committee on Science,
Washington, DC, June 21, 2000.
Hon. Thomas J. Bliley,
Chairman, Committee on Commerce, Rayburn House Office Building,
Washington, DC.
Dear Tom: On March 14, 2000, you introduced H.R. 3906--the
Department of Energy Security Oversight Improvement Act of
2000. The Commerce Committee Subcommittee on Energy and Power
helda mark-up session on the bill on April 12, and forwarded to
the Full Committee (Amended) by Voice Vote. The Commerce Committee held
a mark-up session on May 17 and ordered the bill reported. The bill
contains provisions that fall within the jurisdiction of the Committee
on Science.
In deference to your desire to bring this legislation
before the House in an expeditious manner, I will not exercise
the Science Committee's right to take further action on its
sequential referral. Despite waiving its consideration of H.R.
3906, the Science Committee does not waive its jurisdiction
over H.R. 3906. Additionally, the Science Committee expressly
reserves its authority to seek conferees on any provisions that
are within its jurisdiction during any House-Senate conference
that may be convened on this legislation. I ask for your
commitment to support any request by the Science Committee for
conferees on H.R. 3906 as well as any similar or related
legislation. Further, please ensure that the legislative
history is clear that the Committee on Science is among the
``appropriate committees of Congress'' to receive the report
mandated by section 4(b) of the legislation.
I request that you include this letter as part of the
Congressional Record during consideration of the legislation on
the House floor.
Thank you for your consideration and attention regarding
these matters.
Sincerely,
F. James Sensenbrenner, Jr.,
Chairman.
------
House of Representatives,
Committee on Commerce,
Washington, DC, June 21, 2000.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on Science, House of Representatives, Rayburn House
Office Building, Washington, DC.
Dear Jim: Thank you for your letter regarding your
committee's jurisdictional interest in H.R. 3906, the
Department of Energy Security Oversight Improvement Act of
2000.
I acknowledge your committee's jurisdiction over portions
of this legislation and appreciate your cooperation in moving
the bill to the House floor expeditiously. I agree that your
decision to forgo further action on the bill will not prejudice
the Science Committee with respect to its jurisdictional
prerogatives on this or similar legislation, and will support
your request for conferees should this bill be the subject of a
House-Senate conference. Additionally, I will ensure that the
legislative history is clear that the Committee on Science is
among the ``appropriate committees of Congress'' to receive the
report mandated by section 4(b) of the legislation. I will also
include a copy of your letter and this response in the
Committee's report on the bill and the Congressional Record
when the legislation is considered by the House.
Thank you again for your cooperation.
Sincerely,
Tom Bliley,
Chairman.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides a short title for the bill, the
``Department of Energy Security Oversight Improvement Act of
2000.''
Section 2. Findings
This section describes the security oversight deficiencies
that the legislation is intended to correct and the
improvements that are intended to result from implementation of
a single, independent security oversight office for the
Department of Energy.
Section 3. Office of Independent Security Oversight
Subsection (a) provides for the establishment of an Office
of Independent Security Oversight, with a Director appointed by
the Secretary and subject to the authority of the Secretary
only. To ensure adequate independence, this subsection
prohibits the Secretary from interfering with the work of this
Office in any manner. This subsection also clarifies that this
Office cannot establish or require changes to the policies,
practices, or programs of the Department; the Office's function
is solely to evaluate and report.
Subsection (b) authorizes the Director of the Office of
Independent Security Oversight to hire outside experts and
consultants, and also authorizes the detail of employees from
other Federal agencies on a reimbursable basis.
Subsection (c) defines the mission of the Office of
Independent Security Oversight to be the independent evaluation
of the effectiveness of safeguards and security policies,
programs, and practices throughout the entire Department of
Energy, including the facilities and operations of the National
Nuclear Security Administration. This Office is to conduct
regular inspections to identify problems in physical,
personnel, and cyber security, make specific recommendations
for improvement, and assess the effectiveness and timeliness of
corrective actions.
Subsection (d) defines the specific functions of the Office
of Independent Security Oversight. This subsection allows the
Secretary the flexibility to assign additional functions to the
Office of Independent Security Oversight as appropriate to the
overall mission of the Office.
Subsection (e) requires that the Office conduct regular
evaluations of safeguards and security at all key DOE sites at
an interval of at least once every two years, but that
evaluations of computer security must be conducted at least
once every 18 months.
Subsection (f) provides that the Director of the Office of
Independent Security Oversight is to have access to all records
and personnel of the Department of Energy in order to perform
the Office's functions. This access extends to the records and
personnel of the NNSA, but such access is not intended to
undermine or otherwise alter the autonomy of the NNSA as
defined in section 3213 of the NNSA Act.
Section 4. Reports
Subsection (a) requires the Office to transmit to the
Secretary of Energy an annual report by February 15th of each
year, setting forth the significant activities of the Office
during the prior calendar year. This report also shall include
all significant findings of security deficiencies at Department
sites, a description of the recommendations for corrective
action made by the Office, and the adequacy of the actions
taken by the Department in response to those findings. The
report also shall contain a description of any significant
security policy changes implemented by the Department during
the prior calendar year, and the Director's views with respect
to such revisions to security policy.
Subsection (b) requires the Secretary to submit, without
alteration, the Office's annual report to the Congress by March
15 of each year. This annual report to Congress is to summarize
the Secretary's response to the recommendations contained in
the Office's annual report required by subsection 4(a) above.
In particular, the Secretary must state whether the Department
agrees with each significant security deficiency identified by
the Office, and describe the actions the Department has taken
to resolve each of these problems.
Subsection (c) provides that the Secretary must make
available to the public the unclassified portions of the
reports required by sections 4(a) and 4(b) within 60 days of
their transmission to the Congress.
Subsection (d) requires that the Director of the Office of
Independent Security Oversight report immediately to the
Secretary any particularly serious security deficiency
identified during the course of its inspections that requires
an immediate response. The Secretary is then required to report
to the Congress, within seven calendar days of receiving the
Director's report under this subsection, on the corrective
actions taken to address the identified security deficiency.
Subsection (e) affirms the right of the Congress to timely
and unaltered briefings and testimony from the Director, while
ensuring that the Secretary is given advance notice of the
subject matter of the Director's communications with the
Congress. It provides that such testimony and briefings shall
not be subject to review, clearance, or approval by the
Secretary or any other Executive Branch official.
Changes in Existing Law Made by the Bill, as Reported
This legislation does not change any existing law or
statute.