S.Amdt. 3191

1. Adds Subtitle D--Other Matters SEC. 3141. SENSE OF CONGRESS ON OVERSIGHT OF THE NUCLEAR SECURITY ENTERPRISE at the end of title XXXI

   Adds a section

   In S. 3254 · Placed on Calendar Senate

   (B) in paragraph (2), by striking "Not later than 90 days after submitting the last report required under subsection (c)(3)" and inserting "Within seven months after receiving notification that all American Recovery and Reinvestment Act funds have been expended, but not later than April 30, 2016".

   Inserted: Subtitle D--Other Matters SEC. 3141. SENSE OF CONGRESS ON OVERSIGHT OF THE NUCLEAR SECURITY ENTERPRISE.

   Inserted: (a) Findings.--Congress makes the following findings:

   Inserted: (1) In 2000, the National Nuclear Security Administration was established as an independent entity within the Department of Energy to manage and secure the nuclear weapons stockpile of the United States and to manage nuclear nonproliferation and naval reactor programs.

   Inserted: (2) Serious security and health incidents continue to occur at sites of the National Nuclear Security Administration.

   Inserted: (3) In September 2012, an official of the Government Accountability Office testified to Congress that lax laboratory attitudes toward safety procedures, laboratory inadequacies in identifying and addressing safety problems with appropriate corrective actions, and inadequate oversight by site offices of the National Nuclear Security Administration were responsible for nearly 100 safety incidents since 2000.

   Inserted: (4) On July 28, 2012, three unarmed individuals compromised security at the Y-12 National Security Complex in Oak Ridge, Tennessee, and according to the Government Accountability Office, "gained access to the protected security area directly adjacent to one of the nation's most critically important nuclear weapons-related facilities".

   Inserted: (5) In June 2006, hackers attacked an unclassified computer system at the National Nuclear Security Administration's Service Center in Albuquerque, New Mexico, and gained access to a file containing the names and social security numbers of more than 1,500 employees of the National Nuclear Security Administration.

   Inserted: (6) As early as February 2005, the Inspector General of the Department of Energy identified problems with the retrieval of badges from terminated employees at Los Alamos National Laboratory and other sites of the National Nuclear Security Administration.

   Inserted: (7) In 2004, a pattern of safety and security incidents that occurred over the course of a year prompted the stand-down of Los Alamos National Laboratory.

   Inserted: (8) The National Nuclear Security Administration, independent of the safety and security reform efforts of the Department of Energy, has launched an overhaul of its contracting oversight, placing an emphasis on contractor self-policing through an untested "contractor assurance" approach.

   Inserted: (9) The Government Accountability Office has given the contractor administration and project management capabilities of the National Nuclear Security Administration a "high risk" designation and found there to be insufficient qualified Federal acquisition professionals to "plan, direct, and oversee project execution".

   Inserted: (b) Sense of Congress.--It is the sense of Congress that--

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   Inserted: (1) there is a need for strong, independent oversight of the United States nuclear security enterprise;

   Inserted: (2) any attempt to reform oversight of the nuclear security enterprise that transfers oversight from the Department of Energy to the National Nuclear Security Administration, reduces protections for worker health and safety at facilities of the National Nuclear Security Administration to levels below the standards of the Department of Energy, or transfers construction appropriations for the nuclear security enterprise from the Department of Energy appropriation account to the military construction appropriation account, should be carefully evaluated;

   Inserted: (3) the Office of Health, Safety, and Security of the Department of Energy, which reports to the Secretary of Energy but is also accountable for routinely reporting to Congress on the performance with respect to safety and security of the Department, including the National Nuclear Security Administration, and the role of that Office in overseeing safety and security at the National Nuclear Security Administration, should not be diminished;

   Inserted: (4) any future modifications to the management or structure of the nuclear security enterprise should be done in a way that maintains or increases oversight of critical construction, security, and acquisition capabilities;

   Inserted: (5) to the extent possible, oversight of programs of the National Nuclear Security Administration by the Department of Defense should increase to ensure current and future warfighting requirements are met; and

   Inserted: (6) the Nuclear Weapons Council should provide proper oversight in the execution of its responsibilities under section 179 of title 10, United States Code.

   Original wording

   At the end of title XXXI, add the following:

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As printed