Home > 106th Congressional Bills > S. 1063 (is) To amend title XVIII of the Social Security Act to provide for a special rule for long existing home health agencies with partial fiscal year 1994 cost reports in calculating the per beneficiary limits under the interim payment system for suc...S. 1063 (is) To amend title XVIII of the Social Security Act to provide for a special rule for long existing home health agencies with partial fiscal year 1994 cost reports in calculating the per beneficiary limits under the interim payment system for suc...
than 50 percent of the amounts authorized to be appropriated or
otherwise made available for the Department of Energy for fiscal year
2000 for travel expenses may be obligated or expended until the date of
the submittal of the plan required by subsection (a).
SEC. 3155. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF DEPARTMENT OF
ENERGY REGULATIONS RELATING TO THE SAFEGUARDING AND
SECURITY OF RESTRICTED DATA.
(a) In General.--Chapter 18 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2271 et seq.) is amended by inserting after section
234A the following new section:
``Sec. 234B. Civil Monetary Penalties for Violations of Department
of Energy Regulations Regarding Security of Classified or Sensitive
Information or Data.--
``a. Any person who has entered into a contract or agreement with
the Department of Energy, or a subcontract or subagreement thereto, and
who violates (or whose employee violates) any applicable rule,
regulation, or order prescribed or otherwise issued by the Secretary
pursuant to this Act relating to the safeguarding or security of
Restricted Data or other classified or sensitive information shall be
subject to a civil penalty of not to exceed $100,000 for each such
violation.
``b. The Secretary shall include in each contract with a contractor
of the Department provisions which provide an appropriate reduction in
the fees or amounts paid to the contractor under the contract in the
event of a violation by the contractor or contractor employee of any
rule, regulation, or order relating to the safeguarding or security of
Restricted Data or other classified or sensitive information. The
provisions shall specify various degrees of violations and the amount
of the reduction attributable to each degree of violation.
``c. The powers and limitations applicable to the assessment of
civil penalties under section 234A shall apply to the assessment of
civil penalties under this section.''.
(b) Clarifying Amendment.--The section heading of section 234A of
that Act (42 U.S.C. 2282a) is amended by inserting ``Safety'' before
``Regulations''.
(c) Clerical Amendment.--The table of sections for that Act is
amended by inserting after the item relating to section 234 the
following new items:
``234A. Civil Monetary Penalties for Violations of Department of Energy
Safety Regulations.
``234B. Civil Monetary Penalties for Violations of Department of Energy
Regulations Regarding Security of
Classified or Sensitive Information or
Data.''.
SEC. 3156. MORATORIUM ON LABORATORY-TO-LABORATORY AND FOREIGN VISITORS
AND ASSIGNMENTS PROGRAMS.
(a) Certification.--(1) The Secretary of Energy, the Director of
Central Intelligence, and the Director of the Federal Bureau of
Investigation shall jointly submit to the committees referred to in
paragraph (3) a certification that each program referred to in
paragraph (2) meets the following conditions:
(A) That the program complies with applicable orders,
regulations, and policies of the Department of Energy relating
to the safeguarding and security of sensitive information and
fulfills any counterintelligence requirements arising under
such orders, regulations, and policies.
(B) That the program complies with Presidential Decision
Directives and similar requirements relating to the
safeguarding and security of sensitive information and fulfills
any counterintelligence requirements arising under such
Directives or requirements.
(C) That the program includes adequate protections against
the inadvertent release of Restricted Data, information
important to the national security of the United States, and
any other sensitive information the disclosure of which might
harm the interests of the United States.
(D) That the program does not pose an undue risk to the
national security interests of the United States.
(2) A program referred to in this paragraph is any program as
follows:
(A) A cooperative program carried out between the
Department of Energy and the People's Republic of China.
(B) A cooperative program carried out between the
Department of Energy and an independent state of the former
Soviet Union.
(C) A cooperative program carried out between the
Department of Energy and any nation designated as sensitive by
the Secretary of State.
(3) The committees referred to in this paragraph are the following:
(A) The Committees on Armed Services and Appropriations and
the Select Committee on Intelligence of the Senate.
(B) The Committees on Armed Services and Appropriations and
the Permanent Select Committee on Intelligence of the House of
Representatives.
(b) Limitation on Use of Funds Pending Certification.--(1) Except
as provided in paragraph (2), no amounts authorized to be appropriated
by section 3101 or 3103 or otherwise made available to the Department
of Energy for fiscal year 2000 may be obligated or expended to conduct
a program referred to in subsection (a)(2), or any studies or planning
in anticipation of such program, beginning on the date that is 45 days
after the date of the enactment of this Act and continuing until 30
days after the date on which the Director of Central Intelligence
submits to the committees referred to in subsection (a)(3) the
certification referred to in subsection (a)(1). The certification shall
be submitted in unclassified form, but may include a classified annex.
(2)(A) The 30-day wait period specified in paragraph (1) for the
obligation and expenditure of funds for a program referred to in
subsection (a)(2) shall not apply if the certification with respect to
the program under subsection (a)(1) is submitted during the 45-day
period beginning on the date of the enactment of this Act.
(B) The limitation in paragraph (1) shall not apply--
(i) to the obligation or expenditure of funds authorized to
be appropriated by title III for activities relating to
cooperative threat reduction with states of the former Soviet
Union; or
(ii) to the obligation or expenditure of funds authorized
to be appropriated by section 3103(a)(1)(A)(ii) for the
materials protection control and accounting program of the
Department.
SEC. 3157. INCREASED PENALTIES FOR MISUSE OF RESTRICTED DATA.
(a) Communication of Restricted Data.--Section 224 of the Atomic
Energy Act of 1954 (42 U.S.C. 2274) is amended--
(1) in clause a., by striking ``$20,000'' and inserting
``$40,000''; and
(2) in clause b., by striking ``$10,000'' and inserting
``$20,000''.
(b) Receipt of Restricted Data.--Section 225 of the Atomic Energy
Act of 1954 (42 U.S.C. 2275) is amended by striking ``$20,000'' and
inserting ``$40,000''.
(c) Disclosure of Restricted Data.--Section 227 of the Atomic
Energy Act of 1954 (42 U.S.C. 2277) is amended by striking ``$2,500''
and inserting ``$5,000''.
SEC. 3158. ORGANIZATION OF DEPARTMENT OF ENERGY COUNTERINTELLIGENCE AND
INTELLIGENCE PROGRAMS AND ACTIVITIES.
(a) Office of Counterintelligence.--Title II of the Department of
Energy Organization Act (42 U.S.C. 7131 et seq.) is amended by adding
at the end the following:
``office of counterintelligence
``Sec. 213. (a) There is within the Department an Office of
Counterintelligence.
``(b)(1) The head of the Office shall be the Director of the Office
of Counterintelligence.
``(2) The Secretary shall, with the concurrence of the Director of
the Federal Bureau of Investigation, designate the head of the office
from among senior executive service employees of the Federal Bureau of
Investigation who have expertise in matters relating to
counterintelligence.
``(3) The Director of the Federal Bureau of Investigation may
detail, on a reimbursable basis, any employee of the Bureau to the
Department for service as Director of the Office. The service of an
employee of the Bureau as Director of the Office shall not result in
any loss of status, right, or privilege by the employee within the
Bureau.
``(4) The Director of the Office shall report directly to the
Secretary.
``(c)(1) The Director of the Office shall develop and ensure the
implementation of security and counterintelligence programs and
activities at Department facilities in order to reduce the threat of
disclosure or loss of classified and other sensitive information at
such facilities.
``(2) The Director of the Office shall be responsible for the
administration of the personnel assurance programs of the Department.
``(3) The Director shall inform the Secretary, the Director of
Central Intelligence, and the Director of the Federal Bureau of
Investigation on a regular basis, and upon specific request by any such
official, regarding the status and effectiveness of the security and
counterintelligence programs and activities at Department facilities.
``(d)(1) Not later than March 1 each year, the Director of the
Office shall submit to the Secretary, the Director of Central
Intelligence, and the Director of the Federal Bureau of Investigation
and to the Committees on Armed Services of the Senate and House of
Representatives a report on the status and effectiveness of the
security and counterintelligence programs and activities at Department
facilities during the preceding year.
``(2) Each report shall include for the year covered by the report
the following:
``(A) A description of the status and effectiveness of the
security and counterintelligence programs and activities at
Department facilities.
``(B) A description of any violation of law or other
requirement relating to intelligence, counterintelligence, or
security at such facilities, including--
``(i) the number of violations that were
investigated; and
``(ii) the number of violations that remain
unresolved.
``(C) A description of the number of foreign visitors to
Department facilities, including the locations of the visits of
such visitors.
``(3) Each report submitted under this subsection to the committees
referred to in paragraph (1) shall be submitted in unclassified form,
but may include a classified annex.''.
(b) Office of Intelligence.--That title is further amended by
adding at the end the following:
``office of intelligence
``Sec. 214. (a) There is within the Department an Office of
Intelligence.
``(b)(1) The head of the Office shall be the Director of the Office
of Intelligence.
``(2) The Director of the Office shall be a senior executive
service employee of the Department.
``(3) The Director of the Office shall report directly to the
Secretary.
``(c) The Director of the Office shall be responsible for the
programs and activities of the Department relating to the analysis of
intelligence with respect to nuclear weapons and materials, other
nuclear matters, and energy security.''.
(c) Clerical Amendment.--The table of contents for that Act is
amended by inserting after the item relating to section 212 the
following items:
``213. Office of Counterintelligence.
``214. Office of Intelligence.''.
SEC. 3159. COUNTERINTELLIGENCE ACTIVITIES AT CERTAIN DEPARTMENT OF
ENERGY FACILITIES.
(a) Assignment of Counterintelligence Personnel.--(1) The Secretary
of Energy shall assign to each Department of Energy facility at which
Restricted Data is located an individual who shall assess security and
counterintelligence matters at that facility.
(2) An individual assigned to a facility under this subsection
shall be stationed at the facility.
(b) Supervision.--Each individual assigned under subsection (a)
shall report directly to the Director of the Office of
Counterintelligence of the Department of Energy.
SEC. 3160. WHISTLEBLOWER PROTECTION.
(a) Program.--The Secretary of Energy shall establish a program to
ensure that an employee of the Department of Energy, or a contractor
employee, may not be discharged, demoted, or otherwise discriminated
against as a reprisal for disclosing to a person or entity referred to
in subsection (b) information relating to the protection of classified
information which the employee or contractor employee reasonably
believes to provide direct and specific evidence of a violation
described in subsection (c).
(b) Covered Persons and Entities.--A person or entity referred to
in this subsection is the following:
(1) A Member of a committee of Congress having primary
responsibility for oversight of the department, agency, or
element of the Federal Government to which the disclosed
information relates.
(2) An employee of Congress who--
(A) is a staff member of a committee of Congress
having primary responsibility for oversight of the
department, agency, or element of the Federal
Government to which the disclosed information relates;
and
(B) has an appropriate security clearance for
access to the information.
(3) The Inspector General of the Department of Energy.
(4) The Federal Bureau of Investigation.
(5) Any other element of the Federal Government designated
by the Secretary as authorized to receive information of the
type disclosed.
(c) Covered Violations.--A violation referred to in subsection (a)
is--
(1) a violation of law or Federal regulation;
(2) gross mismanagement, a gross waste of funds, or abuse
of authority; or
(3) a false statement to Congress on an issue of material
fact.
SEC. 3161. INVESTIGATION AND REMEDIATION OF ALLEGED REPRISALS FOR
DISCLOSURE OF CERTAIN INFORMATION TO CONGRESS.
(a) Submittal of Allegations to Inspector General.--A Department of
Energy employee or contractor employee who believes that the employee
has been discharged, demoted, or otherwise discriminated against as a
reprisal for disclosing information referred to in subsection (a) of
section 3160 in accordance with the provisions of that section may
submit a complaint relating to such action to the Inspector General of
the Department of Energy.
(b) Investigation.--(1) For each complaint submitted under
subsection (a), the Inspector General shall--
(A) determine whether or not the complaint is frivolous;
and
(B) if the Inspector General determines the complaint is
not frivolous, conduct an investigation of the complaint.
(2) The Inspector General shall submit a report on each
investigation undertaken under paragraph (1)(B) to--
(A) the employee who submitted the complaint on which the
investigation is based;
(B) the contractor concerned, if any; and
(C) the Secretary of Energy.
(c) Remedial Actions.--(1) If the Secretary determines that an
employee has been subjected to an adverse personnel action referred to
in subsection (a) in contravention of the provisions of section
3160(a), the Secretary shall--
(A) in the case of a Department employee, take appropriate
actions to abate the action; or
(B) in the case of a contractor employee, order the
contractor concerned to take appropriate actions to abate the
action.
(2)(A) If a contractor fails to comply with an order issued under
paragraph (1)(B), the Secretary may file an action for enforcement of
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