Home > 106th Congressional Bills > S. 2552 (pcs) To authorize appropriations for fiscal year 2001 for defense activities of the Department of Energy, and for other purposes. [Placed on Calendar Senate] ...

S. 2552 (pcs) To authorize appropriations for fiscal year 2001 for defense activities of the Department of Energy, and for other purposes. [Placed on Calendar Senate] ...


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or expended after September 30, 2000, for any project under the program 
at a nuclear weapons complex in Russia until the Secretary submits to 
the Committees on Armed Services of the Senate and House of 
Representatives a report on the access policy established with respect 
to such project, including a certification that the access policy has 
been implemented.
    (B) The access policy with respect to a project under this 
paragraph shall--
            (i) permit appropriate determinations by United States 
        officials regarding security requirements, including security 
        upgrades, for the project; and
            (ii) ensure verification by United States officials that 
        Department of Energy assistance at the project is being used 
        for the purposes intended.
    (b) Nuclear Cities Initiative.--(1)(A) Except as provided in 
subparagraph (B), no amounts authorized to be appropriated or otherwise 
made available for the Department of Energy for fiscal year 2001 for 
the Nuclear Cities Initiative may be obligated or expended for purposes 
of providing assistance under the Initiative until 30 days after the 
date on which the Secretary of Energy submits to the Committees on 
Armed Services of the Senate and House of Representatives a copy of an 
agreement described in subparagraph (C).
    (B) Subparagraph (A) shall not apply with respect to the obligation 
or expenditure of funds for purposes of providing assistance under the 
Nuclear Cities Initiative to the following:
            (i) Not more than three nuclear cities in Russia.
            (ii) Not more than two serial production facilities in 
        Russia.
    (C) An agreement referred to in this subparagraph is a written 
agreement between the United States Government and the Government of 
the Russian Federation which provides that Russia will close some of 
its facilities engaged in nuclear weapons assembly and disassembly 
work.
    (2)(A) Of the amounts appropriated or otherwise made available for 
the Department of Energy for fiscal year 2001 for the Nuclear Cities 
Initiative, not more than 50 percent of such amounts may be obligated 
or expended for purposes of the Initiative until the Secretary of 
Energy establishes and implements project review procedures for 
projects under the Initiative.
    (B) The project review procedures established under subparagraph 
(A) shall ensure that any scientific, technical, or commercial project 
initiated under the Nuclear Cities Initiative--
            (i) shall not enhance the military or weapons of mass 
        destruction capabilities of Russia;
            (ii) shall not result in the inadvertent transfer or 
        utilization of products or activities under such project for 
        military purposes;
            (iii) shall be commercially viable; and
            (iv) shall be carried out in conjunction with an 
        appropriate commercial, industrial, or other nonprofit entity 
        as partner.
    (C) Not later than January 1, 2001, the Secretary of Energy shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives a report on the project review procedures established 
and implemented under this paragraph.
    (3) In this subsection, the term ``Nuclear Cities Initiative'' 
means the initiative arising pursuant to the March 1998 discussion 
between the Vice President of the United States and the Prime Minister 
of the Russian Federation and between the Secretary of Energy of the 
United States and the Minister of Atomic Energy of the Russian 
Federation.
    (c) International Nuclear Security Program.--Amounts authorized to 
be appropriated or otherwise made available by this title for the 
Department of Energy for fiscal year 2001 for the International Nuclear 
Security Program in the former Soviet Union and Eastern Europe shall be 
available only for purposes of reactor safety upgrades and training 
relating to nuclear operator and reactor safety.

SEC. 3154. MODIFICATION OF COUNTERINTELLIGENCE POLYGRAPH PROGRAM.

    (a) Covered Persons.--Subsection (b) of section 3154 of the 
Department of Energy Facilities Safeguards, Security, and 
Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI 
of Public Law 106-65; 113 Stat. 941; 42 U.S.C. 7383h) is amended to 
read as follows:
    ``(b) Covered Persons.--(1) Subject to paragraph (2), for purposes 
of this section, a covered person is one of the following:
            ``(A) An officer or employee of the Department.
            ``(B) An expert or consultant under contract to the 
        Department.
            ``(C) An officer or employee of a contractor of the 
        Department.
            ``(D) An individual assigned or detailed to the Department.
            ``(E) An applicant for a position in the Department.
    ``(2) A person described in paragraph (1) is a covered person for 
purposes of this section only if the position of the person, or for 
which the person is applying, under that paragraph is a position in one 
of the categories of positions listed in section 709.4 of title 10, 
Code of Federal Regulations.''.
    (b) High-Risk Programs.--Subsection (c) of that section is amended 
to read as follows:
    ``(c) High-Risk Programs.--For purposes of this section, high-risk 
programs are the following:
            ``(1) The programs known as Special Access Programs and 
        Personnel Security and Assurance Programs.
            ``(2) Any other program or position category specified in 
        section 709.4 of title 10, Code of Federal Regulations.''.
    (c) Authority To Waive Examination Requirement.--Subsection (d) of 
that section is amended--
            (1) by inserting ``(1)'' before ``The Secretary''; and
            (2) by adding at the end the following new paragraphs:
    ``(2) Subject to paragraph (3), the Secretary may, after 
consultation with appropriate security personnel, waive the 
applicability of paragraph (1) to a covered person--
            ``(A) if--
                    ``(i) the Secretary determines that the waiver is 
                important to the national security interests of the 
                United States;
                    ``(ii) the covered person has an active security 
                clearance; and
                    ``(iii) the covered person acknowledges in a signed 
                writing that the capacity of the covered person to 
                perform duties under a high-risk program after the 
                expiration of the waiver is conditional upon meeting 
                the requirements of paragraph (1) within the effective 
                period of the waiver;
            ``(B) if another Federal agency certifies to the Secretary 
        that the covered person has completed successfully a full-scope 
        or counterintelligence-scope polygraph examination during the 
        5-year period ending on the date of the certification; or
            ``(C) if the Secretary determines, after consultation with 
        the covered person and appropriate medical personnel, that the 
        treatment of a medical or psychological condition of the 
        covered person should preclude the administration of the 
        examination.
    ``(3)(A) The Secretary may not commence the exercise of the 
authority under paragraph (2) to waive the applicability of paragraph 
(1) to any covered persons until 15 days after the date on which the 
Secretary submits to the appropriate committees of Congress a report 
setting forth the criteria to be utilized by the Secretary for 
determining when a waiver under paragraph (2)(A) is important to the 
national security interests of the United States. The criteria shall 
include an assessment of counterintelligence risks and programmatic 
impacts.
    ``(B) Any waiver under paragraph (2)(A) shall be effective for not 
more than 120 days.
    ``(C) Any waiver under paragraph (2)(C) shall be effective for the 
duration of the treatment on which such waiver is based.
    ``(4) The Secretary shall submit to the appropriate committees of 
Congress on a semi-annual basis a report on any determinations made 
under paragraph (2)(A) during the 6-month period ending on the date of 
such report. The report shall include a national security justification 
for each waiver resulting from such determinations.
    ``(5) In this subsection, the term `appropriate committees of 
Congress' means the following:
            ``(A) The Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate.
            ``(B) The Committee on Armed Services and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.
    ``(6) It is the sense of Congress that the waiver authority in 
paragraph (2) not be used by the Secretary to exempt from the 
applicability of paragraph (1) any covered persons in the highest risk 
categories, such as persons who have access to the most sensitive 
weapons design information and other highly sensitive programs, 
including special access programs.
    ``(7) The authority under paragraph (2) to waive the applicability 
of paragraph (1) to a covered person shall expire on September 30, 
2002.''.
    (d) Scope of Counterintelligence Polygraph Examination.--Subsection 
(f) of that section is amended--
            (1) by inserting ``terrorism,'' after ``sabotage,''; and
            (2) by inserting ``deliberate damage to or malicious misuse 
        of a United States Government information or defense system,'' 
        before ``and''.

SEC. 3155. EMPLOYEE INCENTIVES FOR EMPLOYEES AT CLOSURE PROJECT 
              FACILITIES.

    (a) Authority To Provide Incentives.--Notwithstanding any other 
provision of law, the Secretary of Energy may provide to any eligible 
employee of the Department of Energy one or more of the incentives 
described in subsection (d).
    (b) Eligible Employees.--An individual is an eligible employee of 
the Department of Energy for purposes of this section if the 
individual--
            (1) has worked continuously at a closure facility for at 
        least two years;
            (2) is an employee (as that term is defined in section 
        2105(a) of title 5, United States Code);
            (3) has a fully satisfactory or equivalent performance 
        rating during the most recent performance period and is not 
        subject to an adverse notice regarding conduct; and
            (4) meets any other requirement or condition under 
        subsection (d) for the incentive which is provided the employee 
        under this section.
    (c) Closure Facility Defined.--For purposes of this section, the 
term ``closure facility'' means a Department of Energy facility at 
which the Secretary is carrying out a closure project selected under 
section 3143 of the National Defense Authorization Act for Fiscal Year 
1997 (42 U.S.C. 7274n).
    (d) Incentives.--The incentives that the Secretary may provide 
under this section are the following:
            (1) The right to accumulate annual leave provided by 
        section 6303 of title 5, United States Code, for use in 
        succeeding years until it totals not more than 90 days, or not 
        more than 720 hours based on a standard work week, at the 
        beginning of the first full biweekly pay period, or 
        corresponding period for an employee who is not paid on the 
        basis of biweekly pay periods, occurring in a year, except 
        that--
                    (A) any annual leave that remains unused when an 
                employee transfers to a position in a department or 
                agency of the Federal Government shall be liquidated 
                upon the transfer by payment to the employee of a lump 
                sum for leave in excess of 30 days, or in excess of 240 
                hours based on a standard work week; and
                    (B) upon separation from service, annual leave 
                accumulated under this paragraph shall be treated as 
                any other accumulated annual leave is treated.
            (2) The right to be paid a retention allowance in a lump 
        sum in compliance with paragraphs (1) and (2) of section 
        5754(b) of title 5, United States Code, if the employee meets 
        the requirements of section 5754(a) of that title, except that 
        the retention allowance may exceed 25 percent, but may not be 
        more than 40 percent, of the employee's rate of basic pay.
            (3) A detail under section 3341 of title 5, United States 
        Code.
            (4) The right to receive a voluntary separation incentive 
        payment in the amount equal to the amount the employee would be 
        entitled to receive under section 5595(c) of title 5, United 
        States Code, subject to the terms, conditions, and procedures 
        set forth in section 663 of the Treasury, Postal Service, and 
        General Government Appropriations Act, 1997 (5 U.S.C. 5597 
        note), except that the date in section 663(c)(2)(D) of that Act 
        does not apply.
    (e) Agreement.--(1) An eligible employee of the Department of 
Energy provided an incentive under this section shall enter into an 
agreement with the Secretary to remain employed at the closure facility 
at which the employee is employed as of the date of the agreement until 
a specific date or for a specific period of time.
    (2) The detail of an employee under subsection (d)(3) shall not be 
treated as terminating the employment of the employee at a closure 
facility for purposes of an agreement under paragraph (1).
    (f) Violation of Agreement.--(1) Except as provided under paragraph 
(3), an eligible employee of the Department of Energy who violates an 
agreement under subsection (e), or is dismissed for cause, shall 
forfeit eligibility for any incentives under this section as of the 
date of the violation or dismissal, as the case may be.
    (2) Except as provided under paragraph (3), an eligible employee of 
the Department of Energy who is paid a retention allowance under 
subsection (d)(2), receives a voluntary separation incentive payment 
under subsection (d)(4), or both, and who violates an agreement under 
subsection (e), or is dismissed for cause, before the end of the period 
or date of employment agreed upon under such agreement shall refund to 
the United States an amount that bears the same ratio to the aggregate 
amount so paid to or received by the employee as the unserved part of 
such employment bears to the total period of employment agreed upon 
under such agreement.
    (3) The Secretary may waive the applicability of paragraph (1) or 
(2) to an employee otherwise covered by such paragraph if the Secretary 
determines that there is good and sufficient reason for the waiver.
    (g) Report.--The Secretary shall include in each report on a 
closure project under section 3143(h) of the National Defense 
Authorization Act for Fiscal Year 1997 a report on the incentives, if 
any, provided under this section with respect to the project for the 
period covered by such report.
    (h) Expiration of Authority.--The authority to provide incentives 
under this section shall expire on September 23, 2011.
    (i) Details.--(1) Section 3341 of title 5, United States Code, is 
amended to read as follows:
``Sec. 3341. Details: within and among Executive agencies; to non-
              Federal employers
    ``(a) The head of an Executive agency may detail employees among 
the components of the agency, except employees who are required by law 
to be engaged exclusively in some specific work.
    ``(b) The head of an Executive agency may detail to duties in the 
Executive agency or another Executive agency or to a non-Federal 
employer, on a nonreimbursable basis, an employee who has been 
identified by the Executive agency as being, or likely to become, a 
surplus employee or displaced employee.
    ``(c) For purposes of this section:
            ``(1) The term `Executive agency' has the meaning given 
        that term by section 105, but does not include a Government 
        corporation or the General Accounting Office.
            ``(2) The term `displaced employee' means an employee who 
        has been given specific notice that the employee is to be 
        separated due to a reduction in force.
            ``(3) The term `surplus employee' means an employee who has 
        been identified by the employing agency as likely to be 
        separated due to a reduction in force.
            ``(4) The term `non-Federal employer' means an employer 
        other than an Executive agency or any agency in the legislative 
        or judicial branch (including Congress or any United States 
        court).''.
    (2) The table of sections at the beginning of chapter 33 of such 
title is amended by striking the item relating to section 3341 and 
inserting the following new item:

``3341. Details: within and among Executive agencies; to non-Federal 
                            employers.''.
    (i) Health Coverage.--Section 8905a(d)(4) of title 5, United States 
Code, is amended by adding after subparagraph (B) the following new 
subparagraph (C):
    ``(C) Notwithstanding subparagraph (B), if the basis for continued 
coverage under this section is a voluntary or involuntary separation 
from the Department of Energy by reason of a closure project under 
section 3143 of the National Defense Authorization Act for Fiscal Year 
1997 (42 U.S.C. 7274n)--
            ``(i) the individual shall be liable for not more than the 

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