Title 50, War and National DefenseRelease 119-110

§2445 Limitation on Bonuses for Employees Who Engage in Improper Program Management

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

Last updated Sep 22, 2026|Official source

Summary

The Energy Secretary or the Administrator cannot pay a covered employee a bonus for one year after they decide the employee mismanaged a program in a way that caused a required notice under section 2753 or that seriously harmed the cost, scope, or schedule for approval of critical decision 3 for a DOE project. The Secretary must issue rules for this within one year after November 25, 2015. Also, within 180 days after November 25, 2015, the Secretary and the Administrator must each issue rules banning one-year bonuses for covered employees whose mismanagement endangered health, safety, or security of nuclear workers or facilities, or who did so while doing defense nuclear nonproliferation work. The Secretary or the Administrator can waive the ban in a specific case, but they must tell the appropriate congressional committees and wait 60 days after that notice. Appropriate congressional committees are the congressional defense committees, the House Energy and Commerce Committee, and the Senate Energy and Natural Resources Committee. “Bonus” means a bonus or award paid under title 5 or other law. “Covered employee” is defined in section 2443.

Full Legal Text

Title 50, §2445

War and National Defense, Source: USLM XML via OLRC

(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)
(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 50, War and National Defense

Last Updated

Sep 22, 2026

Release point: 119-110