Title 50War and National DefenseRelease 119-73

§2446 Treatment of contractors who engage in improper program management

Title 50 › Chapter CHAPTER 41— - NATIONAL NUCLEAR SECURITY ADMINISTRATION › Subchapter SUBCHAPTER III— - MATTERS RELATING TO PERSONNEL › § 2446

Last updated Apr 6, 2026|Official source

Summary

If the Secretary of Energy or the Administrator finds that a covered contractor did poor program management that led to a notice under section 2753 or seriously hurt the cost, scope, or schedule for approval of critical decision 3 under Department of Energy Order 413.3B, they must send the appropriate congressional committees three things: whether ending the contract is a proper response, how the contract handles award fees and performance, and how they plan to use any contract options. If they cannot send those items because of a contract enforcement action, they must tell the committees about the enforcement action and give the date they expect to send the information. Appropriate congressional committees means the congressional defense committees and the House Committee on Energy and Commerce and the Senate Committee on Energy and Natural Resources. A covered contractor means a contractor of the Administration or a contractor of a part of the Department of Energy (not the Administration) that works on nuclear security.

Full Legal Text

Title 50, §2446

War and National Defense — Source: USLM XML via OLRC

(a)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 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)), 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)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)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.

Reference

Citations & Metadata

Citation

50 U.S.C. § 2446

Title 50War and National Defense

Last Updated

Apr 6, 2026

Release point: 119-73