Sec. 3112. Termination of Department of Energy employees to protect national security
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Subtitle C of the National Nuclear Security Administration Act ( 50 U.S.C. 2441 et seq. ) is amended by adding at the end the following new section: Notwithstanding any other provision of law, the Secretary of Energy may terminate an employee of the Administration or any element of the Department of Energy that involves nuclear security if the Secretary— determines that the employee acted in a manner that endangers the security of special nuclear material or classified information; considers the termination to be in the interests of the United States; and determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner that the Secretary considers consistent with national security.
To the extent that the Secretary determines that the interests of national security permit, the Secretary shall notify an employee whose employment is terminated under this section of the reasons for the termination. During the 30-day period beginning on the date on which a terminated employee is notified under paragraph (1), the employee may submit to the Secretary statements or affidavits to show why the employee should be restored to duty. If a terminated employee submits statements and affidavits under paragraph (2), the Secretary— shall provide a written response to the employee; and may restore the employment of the employee.
A decision by the Secretary to terminate the employment of an employee under this section is final and may not be appealed or reviewed outside the Department. Whenever the Secretary terminates the employment of an employee under the authority of this section, the Secretary shall promptly notify the congressional defense committees of such termination. Any termination of employment under this section does not affect the right of the employee involved to seek or accept employment with any other department or agency of the United States if that employee is declared eligible for such employment by the Director of the Office of Personnel Management.
The authority of the Secretary under this section may not be delegated. . The table of contents at the beginning of such Act is amended by inserting after the item relating to section 3244 the following new item: Sec. 3245. Termination of employees to protect national security. .
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Sec. 3112
Termination of Department of Energy employees to protect national security
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