114 STAT. 1654A-456 PUBLIC LAW 106-398—APPENDIX elapses after the date on which such committees receive such report. (b) COVERED ACCOUNTS. —An account referred to in subsection (a) is any Construction account or Readiness in Technical Base and Facilities account within any National Nuclear Security Administration budget account. (c) REPORT.—(1) The report referred to in subsection (a)(2)(B) is a report containing a full and complete statement of— (A) the determination of the Secretary under subsection (a)(2)(A); and (B) the action proposed to be taken with the particular amount concerned and the facts and circumstances relied upon in support of such proposed action. (2) In the computation of the 45-day period under subsection (a)(2)(B), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain. (d) COORDINATION WITH GENERAL REPROGRAMMING REPORT.— If the Secretary, in accordance with this section, submits a report referred to in subsection (c) for the use of a particular amount, that report shall be treated, for purposes of section 3121, as the report referred to in subsection (b) of that section for that use of that amount. SEC. 3134. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORM- ANCE LEVELS FOR POST-SHIPMENT VERIFICATION REPORTS ON ADVANCED SUPERCOMPUTER SALES TO CERTAIN FOREIGN NATIONS. Section 3157 of the National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404 note) is amended by adding at the end the following new subsection: "(e) ADJUSTMENT OF PERFORMANCE LEVELS. —Whenever a new composite theoretical performance level is established under section 1211(d), that level shall apply for the purposes of subsection (a) of this section in lieu of the level set forth in subsection (a).". SEC. 3135. 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(a) of title 10, Code of Federal Regulations.".
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