Sec. 3113. Improvement to accountability of Department of Energy employees and projects
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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: At or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, United States Code, the Secretary and the Administrator shall jointly notify the appropriate congressional committees of— the number of covered employees whose security clearance was revoked during the year prior to the year in which the notification is made; and for each employee counted under paragraph (1), the length of time such employee has been employed at the Department or the Administration, respectively, since such revocation.
Whenever the Secretary or the Administrator terminates the employment of a covered employee or removes and reassigns a covered employee for cause, the Secretary or the Administrator, as the case may be, shall notify the appropriate congressional committees of such termination or reassignment by not later than 30 days after the date of such termination or reassignment. In this section: The term appropriate congressional committees means— the congressional defense committees; and the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
The term covered employee means— an employee of the Administration; or an employee of an element of the Department of Energy (other than the Administration) involved in nuclear security. . The table of contents at the beginning of such Act is amended by inserting after the item relating to section 3244 the following new items: Sec. 3245. Notification of employee practices affecting national security. . Not later than 30 days after the date of the enactment of this Act, the Secretary of Energy and the Administrator for Nuclear Security shall jointly submit to the congressional defense committees, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate written certification that the Secretary and the Administrator possess the authorities needed to terminate the employment of an employee for cause relating to improper program management (as defined in section 3246(c) of the National Nuclear Security Administration Act, as added by subsection (b)(1)).
Such subtitle, as amended by subsection (a)(1), is further amended by adding at the end the following: The Secretary or the Administrator may not pay to a covered employee a bonus during the one-year period beginning on the date on which the Secretary or the Administrator determines that the covered employee committed improper program management. The Secretary or the Administrator may waive the limitation in subsection
(a)on a case-by-case basis if— the Secretary or the Administrator notifies the appropriate congressional committees of such waiver; and a period of 60 days elapses following such notification. In this section: The term appropriate congressional committees means— the congressional defense committees; and the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The term bonus means a bonus or award paid under title 5, United States Code, including under chapters 45 or 53 of such title, or any other provision of law. The term covered employee has the meaning given that term in section 3245. The term covered project means— a construction project of the Administration that is not covered under section 4703(d) of the Atomic Energy Defense Act ( 50 U.S.C. 2743(d) ); a life extension program; a defense nuclear nonproliferation project or program; or an activity of the Office of the Administrator. The term improper program management means actions relating to the management of a covered project that significantly— delays the project; reduce the scope of the project; increase the cost of the project; or undermines health, safety, or security. . The table of contents at the beginning of such Act, as amended by subsection (a), is amended by inserting after the item relating to section 3245 the following new items: Sec. 3246. Limitation on bonuses. . Subtitle A of title XLVII of the Atomic Energy Defense Act ( 50 U.S.C. 2741 et seq. ) is amended by adding at the end the following new section: It is the sense of Congress that the Administrator should use all contractual remedies available to the Administrator, including through the withholding of all award fees, in cases in which the Administrator determines that a contractor of a covered project is responsible for significantly— delaying the project; reducing the scope of the project; increasing the cost of the project; or undermines health, safety, or security. In addition to the requirements under section 4713, at or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, United States Code, the Administrator shall certify to the appropriate congressional committees that each covered project is being carried out on time, on budget, within the planned scope of the project, and while protecting health, safety, and security. Not later than 30 days after the date on which the Administrator makes each certification under subsection (b), the Administrator shall notify the appropriate congressional committees of the following: Any covered project for which the Administrator could not make such a certification. Except as provided by paragraph (3), with respect to a covered project for which the Administrator could not make such a certification by reason of the actions of a contractor that the Administrator determines significantly delayed the project, reduced the scope of the project, increased the cost of the project, or undermined health, safety, or security— an explanation as to whether termination of contract for the project is an appropriate remedy; a description of the terms of the contract regarding award fees and performance; and a description of how the Administrator plans to exercise contractual options. In the case of a covered project described in paragraph
(2)for which the Administrator is not able to submit the information described in subparagraphs
(A)through
(C)of such paragraph by reason of a contract enforcement action, a notification of such contract enforcement action and the date on which the Administrator plans to submit the information described in such subparagraphs. In this section: The term appropriate congressional committees means— the congressional defense committees; and the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The term covered project means— a construction project of the Administration that is not covered under section 4703(d); a life extension program; a defense nuclear nonproliferation project or program; or an activity of the Office of the Administrator. . The table of contents for such Act is amended by inserting after the item relating to section 4714 the following new item: Sec. 4715. Completion of projects on time, on budget, within planned scope, and while protecting health, safety, and security. .
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- 50 USC 2743(d)
- 50 USC 2741
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Sec. 3113
Improvement to accountability of Department of Energy employees and projects
Cite50 USC 2743(d)
Cite50 USC 2741
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