1133
paragraph is a position in one of the categories of posi-
tions listed in section 709.4(a) 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) Programs using information known as
Sensitive Compartmented Information.
‘‘(2) The programs known as Special Access
Programs and Personnel Security and Assurance
Programs.
‘‘(3) Any other program or position category
specified in section 709.4(a) of title 10, Code of
Federal Regulations.’’.
(c) AUTHORITY TO WAIVE EXAMINATION REQUIRE-
MENT.—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—
1134
‘‘(A) if—
‘‘(i) the Secretary determines that the
waiver is important to the national security in-
terests of the United States;
‘‘(ii) the covered person has an active secu-
rity 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 pro-
gram after the expiration of the waiver is condi-
tional upon meeting the requirements of para-
graph (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 end-
ing on the date of the certification; or
‘‘(C) if the Secretary determines, after consulta-
tion with the covered person and appropriate med-
ical 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 exer-
cise of the authority under paragraph (2) to waive the ap-
1135
plicability 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 used by the Secretary for deter-
mining when a waiver under paragraph (2)(A) is impor-
tant to the national security interests of the United States.
The criteria shall not include the need to maintain the
scientific vitality of the laboratory. The criteria shall in-
clude an assessment of counterintelligence risks and pro-
grammatic impacts.
‘‘(B) Any waiver under paragraph (2)(A) shall be ef-
fective for not more than 120 days, and a person who is
subject to a waiver under paragraph (2)(A) may not ever
be subject to another waiver under paragraph (2)(A).
‘‘(C) Any waiver under paragraph (2)(C) shall be ef-
fective 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) dur-
ing 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 com-
mittees of Congress’ means the following:
1136
‘‘(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 au-
thority in paragraph (2) not be used by the Secretary to
exempt from the applicability of paragraph (1) any cov-
ered persons in the highest risk categories, such as per-
sons 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 mali-
cious misuse of a United States Government infor-
mation or defense system,’’ before ‘‘and’’.
1137
SEC. 3136. EMPLOYEE INCENTIVES FOR EMPLOYEES AT
CLOSURE PROJECT FACILITIES.
(a) AUTHORITY TO PROVIDE INCENTIVES.—Notwith-
standing any other provision of law, the Secretary of En-
ergy may provide to any eligible employee of the Depart-
ment of Energy one or more of the incentives described
in subsection (d).
(b) ELIGIBLE EMPLOYEES.—An individual is an eli-
gible 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 per-
formance rating during the most recent performance
period and is not subject to an adverse notice re-
garding conduct; and
(4) meets any other requirement or condition
under subsection (d) for the incentive which is pro-
vided the employee under this section.
(c) CLOSURE FACILITY DEFINED.—For purposes of
this section, the term ‘‘closure facility’’ means a Depart-
ment of Energy facility at which the Secretary is carrying
out a closure project selected under section 3143 of the
1138
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 pro-
vided 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 Govern-
ment 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)
1140
to the aggregate amount so paid to or received by the em-
ployee 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 re-
port on a closure project under section 3143(h) of the Na-
tional 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) AUTHORITY WITH RESPECT TO HEALTH COV-
ERAGE.—Section 8905a(d)(5)(A) of title 5, United States
Code (as added by section 1106 of the Veterans Millen-
nium Health Care and Benefits Act (Public Law 106–117;
113 Stat. 1598)), is amended by inserting after ‘‘readjust-
ment’’ the following: ‘‘, or a voluntary or involuntary sepa-
ration from a Department of Energy position at a Depart-
ment 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)’’.
1141
(i) AUTHORITY WITH RESPECT TO VOLUNTARY SEP-
ARATIONS.—(1) The Secretary may—
(A) separate from service any employee at a
Department of Energy facility at which the Sec-
retary is carrying out a closure project selected
under section 3143 of the National Defense Author-
ization Act for Fiscal Year 1997 (42 U.S.C. 7274n)
who volunteers to be separated under this subpara-
graph even though the employee is not otherwise
subject to separation due to a reduction in force;
and
(B) for each employee voluntarily separated
under subparagraph (A), retain an employee in a
similar position who would otherwise be separated
due to a reduction in force.
(2) The separation of an employee under paragraph
(1)(A) shall be treated as an involuntary separation due
to a reduction in force.
(3) An employee with critical knowledge and skills (as
defined by the Secretary) may not participate in a vol-
untary separation under paragraph (1)(A) if the Secretary
determines that such participation would impair the per-
formance of the mission of the Department of Energy.
(j) TERMINATION.—The authority to provide incen-
tives under this section terminates on March 31, 2007.
1142
SEC. 3137. CONTINUATION OF PROCESSING, TREATMENT,
AND DISPOSITION OF LEGACY NUCLEAR MA-
TERIALS.
(a) CONTINUATION.—The Secretary of Energy shall
continue operations and maintain a high state of readiness
at the F–canyon and H–canyon facilities at the Savannah
River Site, Aiken, South Carolina, and shall provide tech-
nical staff necessary to operate and so maintain such fa-
cilities.
(b) LIMITATION ON USE OF FUNDS FOR DECOMMIS-
SIONING OF F–CANYON FACILITY.—No amounts author-
ized to be appropriated or otherwise made available for
the Department of Energy by this or any other Act may
be obligated or expended for purposes of commencing the
decommissioning of the F–canyon facility at the Savannah
River Site until the Secretary and the Defense Nuclear
Facilities Safety Board jointly submit to the Committee
on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives the fol-
lowing:
(1) A certification that all materials present in
the F–canyon facility as of the date of the certifi-
cation are safely stabilized.
(2) A certification whether or not the require-
ments applicable to the F–canyon facility to meet
the future needs of the United States for fissile ma-
1143
terials disposition can be met through full use of the
H–canyon facility at the Savannah River Site.
(3) If the certification required by paragraph
(2) is that such requirements cannot be met through
such use of the H–canyon facility—
(A) an identification by the Secretary of
each such requirement that cannot be met
through such use of the H–canyon facility; and
(B) for each requirement identified in sub-
paragraph (A), the reasons why that require-
ment cannot be met through such use of the
H–canyon facility and a description of the alter-
native capability for fissile materials disposition
that is needed to meet that requirement.
(c) PLAN FOR TRANSFER OF LONG-TERM CHEMICAL
SEPARATION ACTIVITIES.—Not later than February 15,
2001, the Secretary shall submit to the Committee on
Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a plan
for the transfer of all long-term chemical separation activi-
ties at the Savannah River Site from the F–canyon facility
to the H–canyon facility commencing in fiscal year 2002.
1144
SEC. 3138. CONTINGENT LIMITATION ON USE OF CERTAIN
FUNDS PENDING CERTIFICATIONS OF COM-
PLIANCE WITH FORMERLY UTILIZED SITES
REMEDIAL ACTION PROGRAM FUNDING PRO-
HIBITION.
(a) CONTINGENT LIMITATION ON AVAILABILITY OF
FUNDS FOR CERTAIN TRAVEL EXPENSES.—Effective No-
vember 1, 2001, but subject to subsection (b), no funds
authorized to be appropriated or otherwise made available
by this or any other Act for the Department of Energy
or the Department of the Army may be obligated or ex-
pended for travel by—
(1) the Secretary of Energy or any officer or
employee of the Office of the Secretary of Energy;
or
(2) the Chief of Engineers.
(b) EFFECTIVE DATE.—The limitation in subsection
(a) shall not take effect if before November 1, 2001, both
of the following certifications are submitted to the con-
gressional defense committees:
(1) A certification by the Secretary of Energy
that the Department of Energy is in compliance
with the requirements of section 3131 of the Na-
tional Defense Authorization Act for Fiscal Year
2000 (Public Law 106–65; 113 Stat. 925; 10 U.S.C.
2701 note).