Sec. 3111. IMPROVEMENT TO ACCOUNTABILITY OF DEPARTMENT OF ENERGY EMPLOYEES AND PROJECTS

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## SEC. 3111 IMPROVEMENT TO ACCOUNTABILITY OF DEPARTMENT OF ENERGY EMPLOYEES AND PROJECTS ###

(a)Notifications ####

(1)In general 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: > > ## “SEC. 3245 NOTIFICATION OF EMPLOYEE PRACTICES AFFECTING NATIONAL SECURITY > > **[**[50 U.S.C. 2443](/us/usc/t50/s2443)**]** > > > ### “(a) Annual Notification > > 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 of Energy and the Administrator shall jointly notify the appropriate congressional committees of— > > > #### “(1) > > the number of covered employees whose security clearance was revoked during the year prior to the year in which the notification is made; and > > > #### “(2) > > for each employee counted under paragraph (1), the length of time such employee has been employed at the Department or the Administration, as the case may be, since such revocation. > > > ### “(b) Notification to Congressional Committees > > 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. > > > ### “(c) Definitions > > In this section: > > > #### “(1) > > The term ‘appropriate congressional committees’ means— > > > ##### “(A) > > the congressional defense committees; and > > > ##### “(B) > > the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. > > > #### “(2) > > The term ‘covered employee’ means— > > > ##### “(A) > > an employee of the Administration; or > > > ##### “(B) > > an employee of an element of the Department of Energy (other than the Administration) involved in nuclear security.” > . ####

(2)Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 3244 the following new item:" “Sec. 3245. Notification of employee practices affecting national security.” ". ####

(3)One-time certification 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 described in section 3246(a) of the National Nuclear Security Administration Act (as added by subsection (b)(1)). ###

(b)Limitation on Bonuses ####

(1)In general Such subtitle, as amended by subsection (a)(1), is further amended by adding at the end the following: > > ## “SEC. 3246 LIMITATION ON BONUSES FOR EMPLOYEES WHO ENGAGE IN IMPROPER PROGRAM MANAGEMENT > > **[**[50 U.S.C. 2445](/us/usc/t50/s2445)**]** > > > ### “(a) Limitation > > > #### “(1) In general > > The Secretary of Energy 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, as the case may be, determines that the covered employee engaged in improper program management that resulted in a notification under section 4713 of the Atomic Energy Defense Act (50 U.S.C. 2753) or significantly and detrimentally affected the cost, scope, or schedule associated with the approval of critical decision 3 in the acquisition process for a project (as defined in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets)). > > > #### “(2) Implementation guidance > > Not later than one year after the date of the enactment of this section, the Secretary shall issue guidance for the implementation of paragraph (1). > > > ### “(b) Guidance Prohibiting Bonuses for Additional Employees > > Not later than 180 days after the date of the enactment of this section, the Secretary and the Administrator shall each issue guidance prohibiting the payment of a bonus to a covered employee during the one-year period beginning on the date on which the Secretary or the Administrator, as the case may be, determines that the covered employee engaged in improper program management— > > > #### “(1) > > that jeopardized the health, safety, or security of employees or facilities of the Administration or another element of the Department of Energy involved in nuclear security; or > > > #### “(2) > > in carrying out defense nuclear nonproliferation activities. > > > ### “(c) Waiver > > The Secretary or the Administrator, as the case may be, may waive the limitation on the payment of a bonus under subsection

(a)or

(b)on a case-by-case basis if— > > > #### “(1) > > the Secretary or the Administrator, as the case may be, notifies the appropriate congressional committees of such waiver; and > > > #### “(2) > > a period of 60 days elapses following such notification. > > > ### “(d) Definitions > > In this section: > > > #### “(1) > > The term ‘appropriate congressional committees’ means— > > > ##### “(A) > > the congressional defense committees; and > > > ##### “(B) > > the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. > > > #### “(2) > > 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. > > > #### “(3) > > The term ‘covered employee’ has the meaning given that term in section 3245.” > . ####

(2)Clerical amendment The table of contents for such Act, as amended by subsection (a)(2), is further amended by inserting after the item relating to section 3245 the following new item:" “Sec. 3246. Limitation on bonuses for employees who engage in improper program management.” ". ###

(c)Treatment of Contactor Employees ####

(1)In general Such subtitle, as amended by subsections (a)(1) and (b)(1), is further amended by adding at the end the following: > > ## “SEC. 3247 TREATMENT OF CONTRACTORS WHO ENGAGE IN IMPROPER PROGRAM MANAGEMENT > > **[**[50 U.S.C. 2446](/us/usc/t50/s2446)**]** > > > ### “(a) In general > > Except as provided by subsection (b), if the Secretary of Energy or the Administrator determines that a covered contractor engaged in improper program management that resulted in a notification under section 4713 of the Atomic Energy Defense Act (50 U.S.C. 2753) or significantly and detrimentally affected the cost, scope, or schedule associated with the approval of critical decision 3 in the acquisition process for a project (as defined in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets)), the Secretary or the Administrator, as the case may be, shall submit to the appropriate congressional committees— > > > #### “(1) > > an explanation as to whether termination of the contract is an appropriate remedy; > > > #### “(2) > > a description of the terms of the contract regarding award fees and performance; and > > > #### “(3) > > a description of how the Secretary or the Administrator, as the case may be, plans to exercise options under the contract. > > > ### “(b) Exception > > If the Secretary or the Administrator, as the case may be, is not able to submit the information described in paragraphs

(1)through

(3)of subsection

(a)by reason of a contract enforcement action, the Secretary or the Administrator, as the case may be, shall submit to the appropriate congressional committees a notification of such contract enforcement action and the date on which the Secretary or the Administrator, as the case may be, plans to submit the information described in such paragraphs. > > > ### “(c) Definitions > > In this section: > > > #### “(1) > > The term ‘appropriate congressional committees’ means— > > > ##### “(A) > > the congressional defense committees; and > > > ##### “(B) > > the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. > > > #### “(2) > > The term ‘covered contractor’ means— > > > ##### “(A) > > a contractor of the Administration; or > > > ##### “(B) > > a contractor of an element of the Department of Energy (other than the Administration) involved in nuclear security.” > . ####

(2)Clerical amendment The table of contents for such Act, as amended by subsections (a)(2) and (b)(2), is further amended by inserting after the item relating to section 3246 the following new item:" “Sec. 3247. Treatment of contractors who engage in improper program management.” ".

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U.S. Code

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50 USC 2753

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Sec. 3111

IMPROVEMENT TO ACCOUNTABILITY OF DEPARTMENT OF ENERGY EMPLOYEES AND PROJECTS

Cite50 USC 2753

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