House Report 106-696 - DEPARTMENT OF ENERGY SECURITY OVERSIGHT IMPROVEMENT ACT OF 2000

[House Report 106-696]
[From the U.S. Government Publishing Office]

106th Congress HOUSE OF REPRESENTATIVES Rept. 106-696
2d Session Part 2
_______________________________________________________________________

NATIONAL NUCLEAR SECURITY ADMINISTRATION SECURITY OVERSIGHT
IMPROVEMENT ACT OF 2000

----------

R E P O R T

OF THE

COMMITTEE ON ARMED SERVICES
HOUSE OF REPRESENTATIVES

H.R. 3906

[Including cost estimate of the Congressional Budget Office]

July 12, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

HOUSE COMMITTEE ON ARMED SERVICES
One Hundred Sixth Congress

FLOYD D. SPENCE, South Carolina, Chairman
BOB STUMP, Arizona IKE SKELTON, Missouri
DUNCAN HUNTER, California NORMAN SISISKY, Virginia
JOHN R. KASICH, Ohio JOHN M. SPRATT, Jr., South
HERBERT H. BATEMAN, Virginia Carolina
JAMES V. HANSEN, Utah SOLOMON P. ORTIZ, Texas
CURT WELDON, Pennsylvania OWEN PICKETT, Virginia
JOEL HEFLEY, Colorado LANE EVANS, Illinois
JIM SAXTON, New Jersey GENE TAYLOR, Mississippi
STEVE BUYER, Indiana NEIL ABERCROMBIE, Hawaii
TILLIE K. FOWLER, Florida MARTIN T. MEEHAN, Massachusetts
JOHN M. McHUGH, New York ROBERT A. UNDERWOOD, Guam
JAMES TALENT, Missouri PATRICK J. KENNEDY, Rhode Island
TERRY EVERETT, Alabama ROD R. BLAGOJEVICH, Illinois
ROSCOE G. BARTLETT, Maryland SILVESTRE REYES, Texas
HOWARD ``BUCK'' McKEON, California TOM ALLEN, Maine
J.C. WATTS, Jr., Oklahoma VIC SNYDER, Arkansas
MAC THORNBERRY, Texas JIM TURNER, Texas
JOHN N. HOSTETTLER, Indiana ADAM SMITH, Washington
SAXBY CHAMBLISS, Georgia LORETTA SANCHEZ, California
VAN HILLEARY, Tennessee JAMES H. MALONEY, Connecticut
JOE SCARBOROUGH, Florida MIKE McINTYRE, North Carolina
WALTER B. JONES, Jr., North CIRO D. RODRIGUEZ, Texas
Carolina CYNTHIA A. McKINNEY, Georgia
LINDSEY GRAHAM, South Carolina ELLEN O. TAUSCHER, California
JIM RYUN, Kansas ROBERT BRADY, Pennsylvania
BOB RILEY, Alabama ROBERT E. ANDREWS, New Jersey
JIM GIBBONS, Nevada BARON P. HILL, Indiana
MARY BONO, California MIKE THOMPSON, California
JOSEPH PITTS, Pennsylvania JOHN B. LARSON, Connecticut
ROBIN HAYES, North Carolina
STEVEN KUYKENDALL, California
DONALD SHERWOOD, Pennsylvania

Robert S. Rangel, Staff Director

C O N T E N T S

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Page

Purpose and Background........................................... 3
Legislative History.............................................. 4
Section-by-Section Analysis...................................... 5
Section 1--Short Title......................................... 5
Section 2--Office of Independent Security Oversight............ 5
Committee Position............................................... 5
Fiscal Data...................................................... 5
Congressional Budget Office Estimate........................... 6
Congressional Budget Office Cost Estimate...................... 6
Committee Cost Estimate........................................ 7
Oversight Findings............................................... 8
Constitutional Authority Statement............................... 8
Statement of Federal Mandates.................................... 8
Record Vote...................................................... 8
Changes in Existing Law Made by the Bill, as Reported............ 8
106th Congress Rept. 106-696
HOUSE OF REPRESENTATIVES
2d Session Part 2

======================================================================

NATIONAL NUCLEAR SECURITY ADMINISTRATION SECURITY OVERSIGHT IMPROVEMENT
ACT OF 2000

_______

July 12, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Spence, from the Committee on Armed Services, 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 Armed Services, 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 amendments
and recommend that the bill as amended do pass.
The amendments are 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 ``National Nuclear Security
Administration Security Oversight Improvement Act of 2000''.

SEC. 2. OFFICE OF INDEPENDENT SECURITY OVERSIGHT.

(a) Office Required.--Subtitle B of the National Nuclear Security
Administration Act (title XXXII of Public Law 106-65; 113 Stat. 953; 50
U.S.C. 2401 et seq.) is amended by inserting at the end the following
new section:

``SEC. 3237. OFFICE OF INDEPENDENT SECURITY OVERSIGHT.

``(a) Office Required.--The Administrator shall maintain an Office of
Independent Security Oversight, which shall be headed by a Director
appointed by the Administrator 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 Administrator, but the Director shall not be
subject to supervision by any other office or officer of the
Administration or of the Department of Energy. Neither the Secretary of
Energy nor the Administrator shall prevent, prohibit, or delay the
Director from initiating, carrying out, or completing any inspection,
evaluation, or report undertaken pursuant to this section or from
submitting to the Congress any such report. 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 Administration.
``(b) Experts and Consultants.--In addition to employees of the
Administration, 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 of the Administration. The Office shall
identify security weaknesses, make recommendations to the Administrator
for improvement, and review the effectiveness and timeliness of
corrective actions taken by the Administration.
``(d) Functions.--The Office of Independent Security Oversight shall
perform the following functions:
``(1) Conduct regular evaluations of safeguards and security
programs at Administration 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 Administrator that clearly
identify specific findings relating to security weaknesses, and
make recommendations for improvement.
``(3) Perform timely followup reviews to assess the
effectiveness of any corrective actions implemented by the
Administration.
``(4) Evaluate and assess Administration policies related to
safeguards and security.
``(5) Develop recommendations and opportunities for improving
safeguards and security policies, programs, and practices for
submittal to the Administrator.
``(6) Any other function the Administrator 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 two 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
Administration concerning its safeguards and security programs,
including classified and unclassified computer security programs.
``(g) Report by Office.--The Office of Independent Security Oversight
shall, before February 15 of each year, transmit to the Administrator
and the Secretary 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
Administrator pursuant to this section 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 Administration 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; and
``(4) a description of any significant security policy
decision with which the Director is in disagreement, along with
an explanation of the reasons for disagreement.
``(h) Report by Administrator.--The Administrator shall, before March
15 of each year, transmit to the appropriate committees of Congress,
without alteration, the Office's annual report submitted under
subsection (g), along with an unclassified report, with a classified
appendix if requested or necessary, summarizing the Administrator's
response thereto. Such report from the Administrator shall include--
``(1) a description of the Administrator's response to each
significant report and security finding made to the
Administrator pursuant to this section during the reporting
period;
``(2) an explanation of the reasons for any failure on the
part of the Administration 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
Administration to remedy unresolved security findings
identified by the Office in its annual reports.
``(i) Public Availability.--Within 60 days after the transmission of
the annual reports to the Congress under subsection (h), the
Administrator shall make copies of the unclassified portions of such
reports available to the public.
``(j) Special Reports.--The Director of the Office of Independent
Security Oversight shall report immediately to the Administrator
whenever the Director becomes aware of deficiencies relating to the
security programs, practices, or operations of the Administration that
require an immediate response. The Administrator shall, within seven
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.
``(k) Congressional Testimony and Briefings.--The Director of the
Office of Independent Security Oversight, whenever called to testify
before a committee of Congress or to brief any Member of Congress or
congressional staff, shall provide the Administrator 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.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by inserting after the item relating to section
3236 the following new item:

``Sec. 3237. Office of Independent Security Oversight.''.

Amend the title so as to read:

A bill to ensure that the National Nuclear Security Administration
has appropriate mechanisms to independently assess the effectiveness of
its policy and site performance in the areas of safeguards and security
and cyber security.

Purpose and Background

The purpose of H.R. 3906 is to ensure that the National
Nuclear Security Administration (NNSA) of the Department of
Energy (DOE) has appropriate mechanisms to assess independently
the effectiveness of its policy and site performance in the
areas of safeguards and security and cyber security by
establishing an Office of Independent Security Oversight within
the National Nuclear Security Administration and requiring
annual reporting to the Congress by the Administrator of the
National Nuclear Security Administration.
The National Nuclear Security Administration was
established as a separately organized agency within the
Department of Energy by title 32 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65). The
NNSA is responsible for nuclear weapons development, naval
nuclear propulsion, defense nuclear nonproliferation, and
fissile material disposition. Public Law 106-65 also required
the establishment of security, counterintelligence, and
intelligence offices for the NNSA as well as prescribed
personnel, budgeting, and other management practices for the
NNSA.
Prior to the establishment of the NNSA on March 1, 2000,
the routine oversight of security policy and practices at the
national security laboratories and facilities of the Department
of Energy had been assigned to various DOE operations offices
with assistance, as required, by DOE Headquarters.
In addition, for a number of years, the Department of
Energy has maintained, at the management discretion of the
Secretary of Energy, an independent oversight organization,
currently named the Office of Independent Oversight and
Performance Assurance. At various times, this independent
oversight function has reported to different officials of the
Department of Energy and currently reports directly to the
Secretary of Energy. The committee notes that the preponderance
of the Office's recent oversight work has concerned facilities
of the National Nuclear Security Administration. In addition,
the Secretary recently created an Office of Security and
Emergency Operations, which has primary security responsibility
for DOE more broadly.
The committee notes that Public Law 106-65 provided the
Secretary with broad oversight authority over the activities of
the NNSA and also provided the Administrator with authority to
establish policy and procedures specific to the NNSA, including
the establishment of security policy and procedures. Public Law
106-65 also established the Office of Defense Nuclear Security,
which is charged with the responsibility to execute both the
broad security policies and procedures established by the
Secretary and those security policies and procedures
established by the Administrator for the NNSA. The committee
further notes that the Director of the Office reports to
Administrator. In view of the establishment of the National
Nuclear Security Administration as a separately organized
agency, the committee strongly believes the effective
management of the national security programs under the purview
of the NNSA would be enhanced by independent evaluation of NNSA
safeguards and security policies and procedures with
significant and routine reporting on these matters to the
Congress. The committee believes that such an independent
evaluation function, properly structured, is inherently a
function of the NNSA. Furthermore, this organizational
framework would provide the Administrator with a valuable
management tool to conduct oversight over NNSA programs and
facilities without impinging on the oversight requirements of
the Secretary of Energy for DOE facilities more broadly.
Accordingly, H.R. 3906 would establish an Office of
Independent Security Oversight within the National Nuclear
Security Administration. The Director of the Office would be
appointed by, and be under the general supervision of, the
Administrator. The Office of Independent Security Oversight
would be responsible for the independent evaluation of the
effectiveness of safeguards and security policies and
procedures of the NNSA. H.R. 3906 would also provide for the
transmission of specified reports, developed by the Director,
to Congress concerning the effectiveness of the safeguards and
security policies and procedures of the NNSA.

Legislative History

H.R. 3906 was introduced on March 14, 2000 and was referred
to the Committee on Commerce and, in addition, to the Commitees
on Armed Services and Science.
H.R. 3906 was reported from the Committee on Commerce with
an amendment on June 23, 2000 (H. Rept. 106-696, Part 1). The
Committee on Science was discharged from further consideration
of the bill on June 23, 2000.
On June 23, 2000, the referral to the Committee on Armed
Services was extended for a period ending not later than July
12, 2000. On June 28, 2000, the Committee on Armed Services
held a markup session to consider H.R. 3906. The committee
adopted an amendment in the nature of a substitute by a voice
vote. The amended version of the bill was ordered reported
favorably by a voice vote.

Section-by-Section Analysis

The following is a section-by-section analysis of the
amendment in the nature of a substitute adopted by the
committee.

Section 1--Short title

This section would cite the Act as the ``National Nuclear
Security Administration Security Oversight Improvement Act of
2000.''

Section 2--Office of Independent Security Oversight

This section would amend subtitle B of the National Nuclear
Security Administration Act (title XXXII of Public Law 106-65)
to establish an Office of Independent Security Oversight within
the National Nuclear Security Administration whose Director
would be appointed by, and report to, the Administrator of the
National Nuclear Security Administration. The Secretary of
Energy and the Administrator of the NNSA would be prohibited
from preventing or delaying the Director from initiating,
carrying out, or completing any inspection or evaluation
authorized by law.
The Office would be responsible for the independent
evaluation of the effectiveness of all aspects of safeguards
and security policies and procedures of the NNSA governing the
physical protection and accountability of special nuclear
material, the protection of classified and sensitive
information, classified and unclassified computer security,
personnel security, and interactions with foreign nationals.
and would make recommendations to the Administrator for
improvement or corrective action to such policies and
procedures. This section would require such evaluations to be
conducted at certain specified intervals.
This section would also establish annual and periodic
reporting requirements to Congress concerning the activities of
the Office.

Committee Position

On June 28, 2000, the Committee on Armed Services, a quorum
being present, approved H.R. 3906 as amended, by a voice vote.

Fiscal Data

Pursuant to clause 3(d)(2)(A) of rule XIII of the Rules of
the House of Representatives, the committee attempted to
ascertain annual outlays resulting from the bill during fiscal
year 2001 and the four following fiscal years. The results of
such efforts are reflected in the cost estimate prepared by the
Director of the Congressional Budget Office under section 402
of the Congressional Budget Act of 1974, which is included in
this report pursuant to clause 3(c)(3) of rule XIII of the
Rules of the House.

Congressional Budget Office Estimate

In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the cost estimate prepared by
the Congressional Budget Office and submitted pursuant to
section 402(a) of the Congressional Budget Act of 1974 is as
follows:

U.S. Congress,
Congressional Budget Office,
Washington, DC, July 5, 2000.
Hon. Floyd Spence,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3906, the National
Nuclear Security Administration 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 Raymond J.
Hall.
Sincerely,
Dan L. Crippen, Director.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

National Nuclear Security Administration Security Oversight Improvement
Act of 2000

H.R. 3906 would direct the Administrator of the National
Nuclear Security Administration 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 administration. 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 the administrator 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 of
1999, and which received an appropriation of about $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 the
director of this office would report directly to the
Administrator of the National Nuclear Security Administration
and not be subject to supervision by any other office or
officer of the administration or the Department of Energy
(DOE).
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.
CBO anticipates that transferring these oversight
responsibilities to a new office within the National Nuclear
Security Administration would not impact costs significantly.
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.
Previous CBO estimate: H.R. 3906 as ordered reported by the
Committee on Armed Services is similar to the version ordered
reported by the Committee on Commerce on May 17, 2000. This
version of the bill would require that the Office of
Independent Security Oversight be maintained by the National
Nuclear Security Administration rather than the Assistant
Secretary for Environment, Safety, and Health as would likely
be the case under the earlier version. CBO estimates that the
costs of the two bills would be the same.
Estimate prepared by: Federal costs: Raymond J. Hall and
Lisa Cash Driskill; impact on State, local, and tribal
governments: Leo Lex; impact on the private sector: R. William
Thomas.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.

Committee Cost Estimate

Pursuant to clause 3(d) of rule XIII of the Rules of the
House of Representatives, the committee generally concurs with
the estimate contained in the report of the Congressional
Budget Office. However, the committee notes that the
Congressional Budget Office estimate fails to clarify
adequately that the activities of the Office of Independent
Security Oversight are ongoing activities that would continue
without regardto the enactment of H.R. 3906. While the
assertion that implementation of H.R. 3906 would require appropriations
of $20.0 million per year is accurate, it is somewhat misleading since
funds of a like amount are currently being spent annually for similar
activities under the direction of the Assistant Secretary of Energy for
Environment, Safety, and Health. A detailed reading of the basis of
estimate portion of the Congressional Budget Office estimate makes
clear that implementation of H.R. 3906 and the migration of the
oversight activities to the National Nuclear Security Administration
would not increase these costs.

Oversight Findings

With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, this legislation results from
hearings and other oversight activities conducted by the
committee pursuant to clause 2(b)(1) of rule X.
With respect to clause 3(c)(2) of rule XIII of the Rules of
the House of Representatives and section 308(a)(1) of the
Congressional Budget Act of 1974, this legislation does not
include any new spending or credit authority, nor does it
provide for any increase or decrease in tax revenues or
expenditures. The fiscal features of this legislation are
addressed in the estimate prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
With respect to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, the committee has not received a
report from the Committee on Government Reform and Oversight
pertaining to the subject matter of H.R. 3906.

Constitutional Authority Statement

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the committee finds the authority for
this legislation in Article I, section 8 of the United States
Constitution.

Statement of Federal Mandates

Pursuant to section 423 of Public Law 104-4, this
legislation contains no federal mandates with respect to state,
local, and tribal governments, nor with respect to the private
sector. Similarly, the bill provides no unfunded federal
intergovernmental mandates.

Record Vote

In accordance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the committee notes that no
rollcall votes were taken with respect to H.R. 3906.
The committee ordered H.R. 3906, as amended, reported to
the House with a favorable recommendation by a voice vote, a
quorum being present.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):

NATIONAL NUCLEAR SECURITY ADMINISTRATION ACT

TITLE XXXII--NATIONAL NUCLEAR SECURITY ADMINISTRATION

Sec. 3201. Short title.
* * * * * * *

Subtitle B--Matters Relating to Security

Sec. 3231. Protection of national security information.
* * * * * * *
Sec. 3237. Office of Independent Security Oversight.

* * * * * * *

Subtitle B--Matters Relating to Security

* * * * * * *

SEC. 3237. OFFICE OF INDEPENDENT SECURITY OVERSIGHT.

(a) Office Required.--The Administrator shall maintain an
Office of Independent Security Oversight, which shall be headed
by a Director appointed by the Administrator 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 Administrator, but the Director shall not be subject to
supervision by any other office or officer of the
Administration or of the Department of Energy. Neither the
Secretary of Energy nor the Administrator shall prevent,
prohibit, or delay the Director from initiating, carrying out,
or completing any inspection, evaluation, or report undertaken
pursuant to this section or from submitting to the Congress any
such report. 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 Administration.
(b) Experts and Consultants.--In addition to employees of the
Administration, 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 agencyto 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 of the
Administration. The Office shall identify security weaknesses,
make recommendations to the Administrator for improvement, and
review the effectiveness and timeliness of corrective actions
taken by the Administration.
(d) Functions.--The Office of Independent Security Oversight
shall perform the following functions:
(1) Conduct regular evaluations of safeguards and
security programs at Administration 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 Administrator that clearly
identify specific findings relating to security
weaknesses, and make recommendations for improvement.
(3) Perform timely followup reviews to assess the
effectiveness of any corrective actions implemented by
the Administration.
(4) Evaluate and assess Administration policies
related to safeguards and security.
(5) Develop recommendations and opportunities for
improving safeguards and security policies, programs,
and practices for submittal to the Administrator.
(6) Any other function the Administrator 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 two 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
Administration concerning its safeguards and security programs,
including classified and unclassified computer security
programs.
(g) Report by Office.--The Office of Independent Security
Oversight shall, before February 15 of each year, transmit to
the Administrator and the Secretary 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
Administrator pursuant to this section 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 Administration 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; and
(4) a description of any significant security policy
decision with which the Director is in disagreement,
along with an explanation of the reasons for
disagreement.
(h) Report by Administrator.--The Administrator shall, before
March 15 of each year, transmit to the appropriate committees
of Congress, without alteration, the Office's annual report
submitted under subsection (g), along with an unclassified
report, with a classified appendix if requested or necessary,
summarizing the Administrator's response thereto. Such report
from the Administrator shall include--
(1) a description of the Administrator's response to
each significant report and security finding made to
the Administrator pursuant to this section during the
reporting period;
(2) an explanation of the reasons for any failure on
the part of the Administration 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 Administration to remedy unresolved security
findings identified by the Office in its annual
reports.
(i) Public Availability.--Within 60 days after the
transmission of the annual reports to the Congress under
subsection (h), the Administrator shall make copies of the
unclassified portions of such reports available to the public.
(j) Special Reports.--The Director of the Office of
Independent Security Oversight shall report immediately to the
Administrator whenever the Director becomes aware of
deficiencies relating to the security programs, practices, or
operations of the Administration that require an immediate
response. The Administrator shall, within seven 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.
(k) Congressional Testimony and Briefings.--The Director of
the Office of Independent Security Oversight, whenever called
to testify before a committee of Congress or to brief any
Member of Congress or congressional staff, shall provide the
Administrator 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.