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...
the order in the appropriate United States district court.
(B) In any action brought under subparagraph (A), the court may
grant appropriate relief, including injunctive relief and compensatory
and exemplary damages.
(d) Quarterly Report.--(1) Not later than 30 days after the
commencement of each fiscal quarter, the Inspector General shall submit
to the congressional defense committees a report on the investigations
undertaken under subsection (b)(1)(B) during the preceding fiscal
quarter, including a summary of the results of such investigations.
(2) A report under paragraph (1) shall not identify or otherwise
provide any information on a person submitting a complaint under this
section without the consent of the person.
SEC. 3162. NOTIFICATION TO CONGRESS OF CERTAIN SECURITY AND
COUNTERINTELLIGENCE FAILURES AT DEPARTMENT OF ENERGY
FACILITIES.
(a) Requirement.--The Secretary of Energy, after consultation with
the Director of Central Intelligence and the Director of the Federal
Bureau of Investigation, as appropriate, shall submit to the
congressional defense committees a notification of each serious
security or counterintelligence failure at a Department of Energy
facility that the Secretary considers likely to cause significant harm
or damage to the national security interests of the United States.
(b) Deadline.--The Secretary shall submit a notice under subsection
(a) for a failure covered by that subsection not later than 30 days
after learning of the failure.
(c) Procedures.--The Secretary and the congressional defense
committees shall each establish such procedures as may be necessary to
carry out the provisions of this title.
(d) Protection of Classified and Other Sensitive Information.--(1)
The House of Representatives and the Senate shall each establish, by
rule or resolution of such House, procedures to protect from
unauthorized disclosure classified information, all information
relating to intelligence sources and methods, and sensitive law
enforcement information that is furnished to the congressional defense
committees pursuant to this section.
(2) Such procedures shall be established in consultation with the
Secretary of Energy, the Director of Central Intelligence, and the
Director of the Federal Bureau of Investigation.
(e) Savings Provisions.--(1) Nothing in this section shall be
construed as authority to withhold information from the congressional
defense committees on the grounds that providing the information to
such committees would constitute the unauthorized disclosure of
classified information, information relating to intelligence sources or
methods, or sensitive law enforcement information.
(2) Nothing in this section shall be construed to modify or
supersede any other requirement to report information on intelligence
activities to Congress, including the requirement under section 501 of
the National Security Act of 1947 (50 U.S.C. 413) for the President to
ensure that the intelligence committees are kept fully and currently
informed of the intelligence activities of the United States and for
the intelligence committees to notify promptly other congressional
committees of any matter relating to intelligence activities requiring
the attention of such committees.
SEC. 3163. DEFINITION.
In this subtitle, the term ``Restricted Data'' has the meaning
given that term in section 11 y. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)).
Subtitle E--Other Matters
SEC. 3171. MAINTENANCE OF NUCLEAR WEAPONS EXPERTISE IN THE DEPARTMENT
OF DEFENSE AND DEPARTMENT OF ENERGY.
(a) Administration of Joint Nuclear Weapons Council.--(1)
Subsection (b) of section 179 of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) The Council shall meet not less often than once every three
months.''.
(2) Subsection (c) of that section is amended by adding at the end
the following new paragraph:
``(3) If the position of Assistant to the Secretary of Defense for
Nuclear and Chemical and Biological Defense Programs remains vacant for
a period of more than 9 months, the Secretary of Energy shall appoint a
qualified individual to serve as acting staff director of the Council
until the position of Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs is filled.''.
(b) Revitalization of Joint Nuclear Weapons Council.--(1) The
Secretary of Defense and the Secretary of Energy shall jointly prepare
and submit to the Committees on Armed Services of the Senate and the
House of Representatives a plan to revitalize the Joint Nuclear Weapons
Council established by section 179 of title 10, United States Code.
(2) The plan shall include any proposed modification to the
membership or responsibilities of the Council that the Secretaries
jointly determine advisable to enhance the capability of the Council to
ensure the integration of Department of Defense requirements for
nuclear weapons into the programs and budget processes of the
Department of Energy.
(c) Annual Report on Council Activities.--The Secretary of Defense,
shall, after consultation with the Secretary of Energy, submit to the
Committees on Armed Services of the Senate and the House of
Representatives on an annual basis a report on the activities of the
Joint Nuclear Weapons Council. Each report shall include the following:
(1) A description of the activities of the Council during
the 12-month period ending on the date of the report together
with any assessments or studies conducted by the Council during
that period.
(2) A description of the highest priority requirements of
the Department of Defense with respect to the Department of
Energy stockpile stewardship and management program as of that
date.
(3) An assessment of the extent to which the requirements
referred to in paragraph (2) are being addressed by the
Department of Energy as of that date.
(d) Nuclear Mission Management Plan.--The Secretary of Defense
shall develop and implement a plan to ensure the continued reliability
of the capability of the Department of Defense to carry out its nuclear
deterrent mission. The plan shall--
(1) articulate the current policy of the United States on
the role of nuclear weapons and nuclear deterrence in the
conduct of defense and foreign relations matters;
(2) establish stockpile viability and capability
requirements with respect to that mission, including the number
and variety of warheads required;
(3) establish requirements relating to the contractor
industrial base, support infrastructure, and surveillance,
testing, assessment, and certification of nuclear weapons
necessary to support that mission;
(4) take into account requirements for the critical skills,
readiness, training, exercise, and testing of personnel
necessary to meet that mission; and
(5) take into account the relevant programs and plans of
the military departments and the defense agencies with respect
to readiness, sustainment (including research and development),
and modernization of the strategic deterrent forces.
(e) Nuclear Expertise Retention Measures.--(1) The Secretary of
Energy and Secretary of Defense shall jointly submit to the committees
referred to in subsection (c) a plan setting forth the actions that the
Secretaries consider necessary to retain core scientific, engineering,
and technical skills and capabilities within the Department of Energy,
the Department of Defense, and their contractors in order to maintain
the United States nuclear deterrent force indefinitely.
(2) The plan shall include the following elements:
(A) A baseline of current skills and capabilities by
location.
(B) A statement of the skills or capabilities that are at
risk of being lost within the next ten years.
(C) A proposal for recruitment and retention measures to
address the loss of such skills or capabilities.
(D) A proposal for the training and evaluation of personnel
with core scientific, engineering, and technical skills and
capabilities.
(E) A statement of the additional advanced manufacturing
programs and process engineering programs that are required to
maintain the nuclear deterrent force indefinitely.
(F) An assessment of the desirability of establishing a
nuclear weapons workforce reserve to ensure the availability of
the skills and capabilities of present and former employees of
the Department in the event of an urgent future need for such
skills and capabilities.
(f) Reports on Critical Difficulties at Nuclear Weapons
Laboratories.--Section 3159 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2842; 42 U.S.C.
7274o) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Inclusion of Reports in Annual Stockpile Certification.--Any
report submitted pursuant to subsection (a) shall also be included with
the decision documents that accompany the annual certification of the
safety and reliability of the United States nuclear weapons stockpile
which is provided to the President for the year in which such report is
submitted.''.
(g) Technical Amendment.--Section 179(f) of title 10, United States
Code, is amended by striking ``the Committee on Armed Services'' and
all that follows through ``House of Representatives'' and inserting
``the Committees on Armed Services and Appropriations of the Senate and
the Committees on Armed Services and Appropriations of the House of
Representatives''.
SEC. 3172. MODIFICATION OF BUDGET AND PLANNING REQUIREMENTS FOR
DEPARTMENT OF ENERGY NATIONAL SECURITY ACTIVITIES.
(a) Enhancement of Annual Five-Year Budget.--(1) Section 3155 of
the National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2841; 42 U.S.C. 7271b) is amended--
(A) by redesignating subsection (b) as subsection (c);
(B) by striking subsection (a) and inserting the following
new subsections:
``(a) Requirement.--The Secretary of Energy shall prepare for each
fiscal year after fiscal year 2000 a program and budget plan for the
national security programs of the Department of Energy for the five-
fiscal year period beginning in the year the program and budget plan is
prepared.
``(b) Elements.--Each program and budget plan shall contain the
following:
``(1) The estimated expenditures and proposed
appropriations necessary to support the programs, projects, and
activities of the national security programs of the Department
during the five-fiscal year period covered by the program and
budget plan, expressed in a level of detail comparable to that
contained in the budget submitted by the President to Congress
under section 1105 of title 31, United States Code.
``(2) A description of the anticipated workload
requirements for each Department site during that five-fiscal
year period.''; and
(C) in subsection (c), as so redesignated, by striking
``the budget required'' and inserting ``the program and budget
plan required''.
(2) The section heading of such section is amended by striking ``
FIVE-YEAR BUDGET'' and inserting ``FIVE-FISCAL YEAR PROGRAM AND BUDGET
PLAN''.
(b) Additional Requirements for Weapons Activities Budgets.--
Section 3156 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 110 Stat. 2841; 42 U.S.C. 7271c) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Impact of Budget on Stockpile.--The Secretary shall include
in the materials the Secretary submits to Congress in support of the
budget for any fiscal year after fiscal year 2000 that is submitted by
the President pursuant to section 1105 of title 31, United States Code,
a description of how the funds identified for each program element in
the weapons activities budget of the Department for such fiscal year
will help ensure that the nuclear weapons stockpile is safe and
reliable as determined in accordance with the criteria established
under 3158 of the National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2257; 42 U.S.C. 2121 note).''.
SEC. 3173. EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY TO PAY
VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) Extension.--Notwithstanding subsection (c)(2)(D) of section 663
of the Treasury, Postal Service, and General Government Appropriations
Act, 1997 (Public Law 104-208; 110 Stat. 3009-383; 5 U.S.C. 5597
note), the Department of Energy may pay voluntary separation incentive
payments to qualifying employees who voluntarily separate (whether by
retirement or resignation) before January 1, 2003.
(b) Exercise of Authority.--The Department shall pay voluntary
separation incentive payments under subsection (a) in accordance with
the provisions of such section 663.
SEC. 3174. INTEGRATED FISSILE MATERIALS MANAGEMENT PLAN.
(a) Plan.--The Secretary of Energy shall develop a long-term plan
for the integrated management of fissile materials by the Department of
Energy. The plan shall--
(1) identify means of consolidating or integrating the
responsibilities of the Office of Environmental Management, the
Office of Fissile Materials Disposition, the Office of Nuclear
Energy, and the Office of Defense Programs for the treatment,
storage and disposition of fissile materials, and for the waste
streams containing fissile materials, in order to achieve
budgetary and other efficiencies in the discharge of those
responsibilities; and
(2) identify any expenditures necessary at the sites that
are anticipated to have an enduring mission for plutonium
management in order to achieve the integrated management of
fissile materials by the Department.
(b) Submittal to Congress.--The Secretary shall submit the plan
required by subsection (a) to the congressional defense committees not
later than February 1, 2000.
SEC. 3175. AUTHORITY OF DEPARTMENT OF ENERGY TO ACCEPT LOANS FROM
CONTRACTORS FOR CLOSURE PROJECTS AT DEPARTMENT OF ENERGY
DEFENSE FACILITIES.
(a) Authority To Accept Loans.--Notwithstanding any other provision
of law, the Secretary of Energy may accept a loan from a contractor
carrying out closure projects at a Department of Energy defense
facility for purposes of funding additional closure projects at
Department defense facilities.
(b) Limitation on Source of Loan Amount.--The amount for a loan by
a contractor under this section shall be derived only from amounts paid
the contractor by the Secretary as fees for carrying out closure
projects at Department defense facilities.
(c) Limitation on Loan Terms.--(1) A loan under this section shall
not accrue any monetary interest.
(2) A loan under this section shall not be secured by an interest
in any property or other asset of the United States
(d) Agreement.--A loan under this section shall be governed by the
terms of an agreement between the Secretary and the contractor
concerned for purposes of the loan.
SEC. 3176. PILOT PROGRAM FOR PROJECT MANAGEMENT OVERSIGHT REGARDING
DEPARTMENT OF ENERGY CONSTRUCTION PROJECTS.
(a) Requirement.--(1) The Secretary of Energy shall carry out a
pilot program on use of project management oversight (PMO) services for
Department of Energy construction projects.
(2) The purpose of the pilot program is to provide a basis for
determining whether or not the use of competitively procured, external
project management oversight services on construction projects would
permit the Department to control excessive costs and schedule delays
associated with Department construction projects having large capital
costs.
(b) Projects Covered by Program.--(1) Subject to paragraph (2), the
Secretary shall carry out the pilot program at construction projects
selected by the Secretary. The projects shall include one or more
construction projects authorized pursuant to section 3101 and one
construction project authorized pursuant to section 3102.
(2) The Secretary shall select projects that have capital
construction costs anticipated to be not less than $25,000,000.
(c) Services Under Program.--The project management oversight
services utilized under the pilot program shall include the following
services:
(1) Monitoring the overall progress of a project.
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