50 U.S.C. § 2445 — Limitation on bonuses for employees who engage in improper program management
submitted 11 years ago by Pub. L. 106-65 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 383 words · no verdicts yet
The Secretary of Energy and Administrator generally may not pay a covered employee a bonus for one year after specified improper program management. They must issue additional bonus-prohibition guidance, and may waive a limitation after notifying Congress and waiting 60 days.
(a) Limitation. (1) The Secretary of Energy or Administrator may not pay a covered employee a bonus during the one-year period after deciding that the employee engaged in improper program management that caused a notification under 50 U.S.C. § 2753 or significantly harmed the cost, scope, or schedule connected with approving critical decision 3 for a project as defined in Department of Energy Order 413.3B. (2) Within one year after November 25, 2015, the Secretary must issue guidance implementing (1).
(b) Additional employees. Within 180 days after November 25, 2015, the Secretary and Administrator must each issue guidance barring a bonus for one year after deciding that a covered employee engaged in improper program management that (1) endangered the health, safety, or security of Administration employees or facilities, or another nuclear-security element of Energy, or (2) occurred while carrying out defense nuclear nonproliferation activities.
(c) Waiver. The Secretary or Administrator may waive a limitation under (a) or (b) case by case if the official notifies the appropriate congressional committees and 60 days pass after the notice.
(d) Definitions. "Appropriate congressional committees" means the congressional defense committees*, the House Committee on Energy and Commerce, and the Senate Committee on Energy and Natural Resources. "Bonus" means a bonus or award paid under title 5, including chapters 45 or 53, or another law. "Covered employee" has the meaning given in 50 U.S.C. § 2443. This section does not otherwise define the quoted terms.
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)).
Not later than one year after November 25, 2015, the Secretary shall issue guidance for the implementation of paragraph (1).
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—
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
in carrying out defense nuclear nonproliferation activities.
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—
the Secretary or the Administrator, as the case may be, 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, 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 2443 of this title.
Source credit: (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.)
- 2015Enacted · Pub. L. 106-65 · 129 Stat. 1187
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-65 on 2015-11-25.
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