114 STAT. 1654A-458 PUBLIC LAW 106-398 —APPENDIX 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 EXAMINA- TION.^ -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. 3136. 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
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