USC Subchapter III

in effect

50 U.S.C. § 2441 Authority to establish certain contracting, program management, scientific, engineering, and technical positions

The Administrator may, for the purposes of carrying out the responsibilities of the Administrator under this chapter, establish not more than 1,200 contracting, program management, scientific, engineering, and technical positions in the Administration, appoint individuals to such positions, and fix the compensation of such individuals. Subject to the limitations in the preceding sentence, the authority of the Administrator to make appointments and fix compensation with respect to positions in the Administration under this section shall be equivalent to, and subject to the limitations of, the authority under section 2201(d) of title 42 to make appointments and fix compensation with respect to officers and employees described in such section. To ensure that the positions established under this section are used, the Administrator, to the extent practicable, shall appoint an individual to such a position to replace the vacancy of a position not established under this section.

50 U.S.C. § 2441a Authorized personnel levels of the Office of the Administrator

(a) Use of IPAThe Administrator shall ensure that the expertise of the national security laboratories and the nuclear weapons production facilities is made available to the Administration, the Department of Energy, the Department of Defense, other Federal agencies, and Congress through the temporary assignment of personnel from such laboratories and facilities pursuant to the Intergovernmental Personnel Act Mobility Program and other similar programs. (b) Office of the Administrator employeesIn this section, the term “Office of the Administrator”, with respect to the employees of the Administration, includes employees whose funding is derived from an account of the Administration titled “Federal Salaries and Expenses”. (c) Annual briefingIn conjunction with the submission of the budget of the President to Congress pursuant to section 1105 of title 31, the Administrator shall provide to the congressional defense committees a briefing containing the following information:(1) A projection of the expected number of employees of the Office of the Administrator, as counted under subsection (d), for the fiscal year covered by the budget and the four subsequent fiscal years, broken down by the office in which the employees are projected to be assigned. (2) With respect to the most recent fiscal year for which data is available—(A) the number of service support contracts of the Administration and whether such contracts are funded using program or program direction funds; (B) the number of full-time equivalent contractor employees working under each contract identified under subparagraph (A); (C) the number of full-time equivalent contractor employees described in subparagraph (B) that have been employed under such a contract for a period greater than two years; (D) with respect to each contract identified under subparagraph (A)—(i) identification of each appropriations account that supports the contract; and (ii) the amount obligated under the contract during the fiscal year, listed by each such account; and (E) with respect to each appropriations account identified under subparagraph (D)(i), the total amount obligated for contracts identified under subparagraph (A). (d) Counting rule(1) A determination of the number of employees in the Office of the Administrator under subsection (c) shall be expressed on a full-time equivalent basis. (2) Except as provided by paragraph (3), in determining the total number of employees in the Office of the Administrator under subsection (c), the Administrator shall count each employee of the Office without regard to whether the employee is located at the headquarters of the Administration, a site office of the Administration, a service or support center of the Administration, or any other location. (3) The following employees may not be counted for purposes of determining the total number of employees in the Office of the Administrator under subsection (c):(A) Employees of the Office of Naval Reactors. (B) Employees of the Office of Secure Transportation. (C) Members of the Armed Forces detailed to the Administration. (D) Personnel supporting the Office of the Administrator pursuant to the mobility program under subchapter VI of chapter 33 of title 5 (commonly referred to as the “Intergovernmental Personnel Act Mobility Program”).

50 U.S.C. § 2443 Notification of employee practices affecting national security

(a) Annual notification of security clearance revocationsAt or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, the Administrator shall notify the appropriate congressional committees of—(1) the number of covered employees whose security clearance was revoked during the year prior to the year in which the notification is made; and (2) for each employee counted under paragraph (1), the length of time such employee has been employed at the Administration, as the case may be, since such revocation. (b) Annual notification of terminations and removalsNot later than December 31 of each year, the Administrator shall notify the appropriate congressional committees of each instance in which the Administrator terminated the employment of a covered employee or removed and reassigned a covered employee for cause during that year. (c) DefinitionsIn 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 employee” means—(A) an employee of the Administration; or (B) an employee of an element of the Department of Energy (other than the Administration) involved in nuclear security.

50 U.S.C. § 2444 Nonproliferation and national security scholarship and fellowship program

(a) EstablishmentThe Administrator for Nuclear Security shall carry out a program to provide scholarships and fellowships for the purpose of enabling individuals to qualify for employment in the nonproliferation and national security programs of the National Nuclear Security Administration. (b) Eligible individualsAn individual shall be eligible for a scholarship or fellowship under the program established under this section if the individual—(1) is a citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence; (2) has been accepted for enrollment or is currently enrolled as a full-time student at an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a))); (3) is pursuing a program of education that leads to an appropriate higher education degree in a qualifying field of study, as determined by the Administrator; (4) enters into an agreement described in subsection (c); and (5) meets such other requirements as the Administrator prescribes. (c) AgreementAn individual seeking a scholarship or fellowship under the program established under this section shall enter into an agreement, in writing, with the Administrator that includes the following:(1) The agreement of the Administrator to provide such individual with a scholarship or fellowship in the form of educational assistance for a specified number of school years (not to exceed five school years) during which such individual is pursuing a program of education in a qualifying field of study, which educational assistance may include payment of tuition, fees, books, laboratory expenses, and a stipend. (2) The agreement of such individual—(A) to accept such educational assistance; (B) to maintain enrollment and attendance in a program of education described in subsection (b)(2) until such individual completes such program; (C) while enrolled in such program, to maintain satisfactory academic progress in such program, as determined by the institution of higher education in which such individual is enrolled; and (D) after completion of such program, to serve as a full-time employee in a nonproliferation or national security position in the National Nuclear Security Administration or at a laboratory of the Administration for a period of not less than 12 months for each school year or part of a school year for which such individual receives a scholarship or fellowship under the program established under this section. (3) The agreement of such individual with respect to the repayment requirements specified in subsection (d). (d) Repayment(1) In generalAn individual receiving a scholarship or fellowship under the program established under this section shall agree to pay to the United States the total amount of educational assistance provided to such individual under such program, plus interest at the rate prescribed by paragraph (4), if such individual—(A) does not complete the program of education agreed to pursuant to subsection (c)(2)(B); (B) completes such program of education but declines to serve in a position in the National Nuclear Security Administration or at a laboratory of the Administration as agreed to pursuant to subsection (c)(2)(D); or (C) is voluntarily separated from service or involuntarily separated for cause from the National Nuclear Security Administration or a laboratory of the Administration before the end of the period for which such individual agreed to continue in the service of the Administration pursuant to subsection (c)(2)(D). (2) Failure to repayIf an individual who received a scholarship or fellowship under the program established under this section is required to repay, pursuant to an agreement under paragraph (1), the total amount of educational assistance provided to such individual under such program, plus interest at the rate prescribed by paragraph (4), and fails to repay such amount, a sum equal to such amount (plus such interest) is recoverable by the United States Government from such individual or the estate of such individual by—(A) in the case of an individual who is an employee of the United States Government, setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; or (B) such other method as is provided by law for the recovery of amounts owed to the Government. (3) Waiver of repaymentThe Administrator may waive, in whole or in part, repayment by an individual under this subsection if the Administrator determines that seeking recovery under paragraph (2) would be against equity and good conscience or would be contrary to the best interests of the United States. (4) Rate of interestFor purposes of repayment under this subsection, the total amount of educational assistance provided to an individual under the program established under this section shall bear interest at the applicable rate of interest under section 427A(c) of the Higher Education Act of 1965 (20 U.S.C. 1077a(c)). (e) Preference for cooperative education studentsIn evaluating individuals for the award of a scholarship or fellowship under the program established under this section, the Administrator may give a preference to an individual who is enrolled in, or accepted for enrollment in, an institution of higher education that has a cooperative education program with the National Nuclear Security Administration. (f) Coordination of benefitsA scholarship or fellowship awarded under the program established under this section shall be taken into account in determining the eligibility of an individual receiving such scholarship or fellowship for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). (g) Report to CongressNot later than January 1, 2010, the Administrator shall submit to the congressional defense committees a report on the activities carried out under the program established under this section, including any recommendations for future activities under such program. (h) FundingOf the amounts authorized to be appropriated by section 3101(a)(2) 11 See References in Text note below. for defense nuclear nonproliferation activities, $3,000,000 shall be available to carry out the program established under this section.

50 U.S.C. § 2445 Limitation on bonuses for employees who engage in improper program management

(a) Limitation(1) In generalThe 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 guidanceNot 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 employeesNot 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) WaiverThe 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) DefinitionsIn 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.

50 U.S.C. § 2446 Treatment of contractors who engage in improper program management

(a) In generalExcept 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) ExceptionIf 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) DefinitionsIn 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.