Title 50War and National DefenseRelease 119-73

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

Title 50 › Chapter CHAPTER 41— - NATIONAL NUCLEAR SECURITY ADMINISTRATION › Subchapter SUBCHAPTER III— - MATTERS RELATING TO PERSONNEL › § 2445

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Energy and the Administrator must not pay a covered employee a bonus for one year after they find the employee engaged in improper program management that led to a required notice under section 2753 or that seriously harmed the cost, scope, or schedule for approving a project's Critical Decision 3. They also must not pay a bonus for one year after finding the employee’s bad management endangered the health, safety, or security of nuclear security workers or facilities, or when it happened while doing defense nuclear nonproliferation work. The Secretary had to issue guidance for the first rule within one year after November 25, 2015, and both officials had to issue guidance within 180 days after November 25, 2015 for the safety and nonproliferation rules. Either official may waive the ban case-by-case if they tell the appropriate congressional committees (the congressional defense committees; the House Committee on Energy and Commerce; and the Senate Committee on Energy and Natural Resources) and wait 60 days. “Bonus” means awards under title 5 (including chapters 45 or 53). “Covered employee” is defined in section 2443.

Full Legal Text

Title 50, §2445

War and National Defense — Source: USLM XML via OLRC

(a)(1)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)Not later than one year after November 25, 2015, the Secretary shall issue guidance for the implementation of paragraph (1).
(b)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)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)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.

Reference

Citations & Metadata

Citation

50 U.S.C. § 2445

Title 50War and National Defense

Last Updated

Apr 6, 2026

Release point: 119-73