§ 2445. Limitation on bonuses for employees who engage in improper program management

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(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 2753 of this title 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 November 25, 2015, the Secretary shall issue guidance for the implementation of paragraph (1).

(b)Guidance prohibiting bonuses for additional employees Not later than 180 days after November 25, 2015, 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, 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 2443 of this title.

(Pub. L. 106–65, div. C, title XXXII, § 3246, as added Pub. L. 114–92, div. C, title XXXI, § 3111(b)(1), Nov. 25, 2015, 129 Stat. 1187.)

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Cited by 4 sections

public-private-law

Public Law 114-92
National Defense Authorization Act for Fiscal Year 2016

statute-compilations

statutes-at-large

Public Law 114–92
To authorize appropriations for fiscal year 2016 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes

Traces to 2 documents

U.S. Code

Notification of employee practices affecting national security
§ 2443

public-private-law

National Defense Authorization Act for Fiscal Year 2016
Public Law 114-92

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section 2753 of this title
Pub. L. 106–65, div. C, title XXXII, § 3246
129 Stat. 1187

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cites case law

§ 2445

Limitation on bonuses for employees who engage in improper program management

Stat. Comp.×2

Pub. L.×1

Stat.×1

U.S.C.§ 2443

Pub. L.Public Law 114-92

Citesection 2753 of this title

Pub. L.Pub. L. 106–65, div. C, title XXXII, § 3246

Stat.129 Stat. 1187

Cites 5Cited by 4 across 3 sources