| 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] ...
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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