SUBCHAPTER III—MATTERS RELATING TO PERSONNEL

Statutory Notes and Related Subsidiaries

Pay Adjustment Demonstration Project

Pub. L. 115–91, div. C, title XXXI, §3116(a), Dec. 12, 2017, 131 Stat. 1888, provided that:

"(1) Extension.—The Administrator for Nuclear Security shall carry out the pay banding and performance-based pay adjustment demonstration project of the National Nuclear Security Administration authorized under section 4703 of title 5, United States Code, until the date that is 10 years after the date of the enactment of this Act [Dec. 12, 2017].

"(2) Modifications.—In carrying out the demonstration project described in paragraph (1), the Administrator—

"(A) may, subject to subparagraph (B), revise the requirements and limitations of the demonstration project to the extent necessary; and

"(B) shall—

"(i) ensure that the demonstration project is carried out in a manner consistent with the plan for the demonstration project published in the Federal Register on December 21, 2007 (72 Fed. Reg. 72776);

"(ii) ensure that significant changes in the demonstration project not take effect until revisions, as necessary and applicable, to the plan for the demonstration project are approved by the Office of Personnel Management and published in the Federal Register;

"(iii) ensure that procedural modifications or clarifications to the plan for the demonstration project be made through local notification processes;

"(iv) authorize, and establish incentives for, employees of the National Nuclear Security Administration to have rotational assignments among different programs of the Administration, the headquarters and field offices of the Administration, and the management and operating contractors of the Administration; and

"(v) establish requirements for employees of the Administration who are in the demonstration project described in paragraph (1) to be promoted to senior-level positions in the Administration, including requirements with respect to—

"(I) professional training and continuing education; and

"(II) a certain number and types of rotational assignments under clause (iv), as determined by the Administrator.

"(3) Application to naval nuclear propulsion program.—The Director of the Naval Nuclear Propulsion Program established pursuant to section 4101 of the Atomic Energy Defense Act (50 U.S.C. 2511) and section 3216 of the National Nuclear Security Administration Act (50 U.S.C. 2406) may, with the concurrence of the Secretary of the Navy, apply the demonstration project described in paragraph (1) to—

"(A) all employees of the Naval Nuclear Propulsion Program in the competitive service (as defined in section 2102 of title 5, United States Code); and

"(B) all employees of the Department of [the] Navy who are assigned to the Naval Nuclear Propulsion Program and are in the excepted service (as defined in section 2103 of title 5, United States Code) (other than such employees in statutory excepted service systems)."

Rotations for Certain Contractors

Pub. L. 115–91, div. C, title XXXI, §3116(b), Dec. 12, 2017, 131 Stat. 1889, provided that:

"(1) Increased use.—The Administrator for Nuclear Security shall increase the use of rotational assignments of employees of the management and operating contractors of the National Nuclear Security Administration to the headquarters of the Administration, the Department of Defense and the military departments, the intelligence community, and other departments and agencies of the Federal Government.

"(2) Methods.—The Administrator shall carry out paragraph (1) by—

"(A) establishing incentives for—

"(i) the management and operating contractors of the Administration and the employees of such contractors to participate in rotational assignments; and

"(ii) the departments and agencies of the Federal Government specified in such paragraph to facilitate such assignments;

"(B) providing professional and leadership development opportunities during such assignments;

"(C) using details and other applicable authorities and programs, including the mobility program under subchapter VI of chapter 33 of title 5, United States Code (commonly referred to as the 'Intergovernmental Personnel Act Mobility Program'); and

"(D) taking such other actions as the Administrator determines appropriate to increase the use of such rotational assignments."

§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.

(Pub. L. 106–65, div. C, title XXXII, §3241, Oct. 5, 1999, 113 Stat. 964; Pub. L. 112–239, div. C, title XXXI, §3111(b)(1), (2), Jan. 2, 2013, 126 Stat. 2169; Pub. L. 113–66, div. C, title XXXI, §3145(d), Dec. 26, 2013, 127 Stat. 1071; Pub. L. 116–92, div. C, title XXXI, §3111(b), Dec. 20, 2019, 133 Stat. 1950; Pub. L. 118–31, div. C, title XXXI, §3114, Dec. 22, 2023, 137 Stat. 790.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this title", meaning title XXXII of div. C of Pub. L. 106–65, Oct. 5, 1999, 113 Stat. 953, which is classified principally to this chapter. For complete classification of title XXXII to the Code, see Short Title note set out under section 2401 of this title and Tables.

Amendments

2023—Pub. L. 118–31 substituted "1,200" for "800".

2019—Pub. L. 116–92 substituted "800" for "600".

2013—Pub. L. 113–66, in last sentence, substituted "positions established" for "excepted positions established", "a position" for "an excepted position", and "position not established under this section" for "nonexcepted position".

Pub. L. 112–239, in section catchline, inserted "contracting, program management," before "scientific" and, in text, substituted "600 contracting, program management, scientific" for "300 scientific" and inserted at end "To ensure that the excepted positions established under this section are used, the Administrator, to the extent practicable, shall appoint an individual to such an excepted position to replace the vacancy of a nonexcepted position."

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2441a. Authorized personnel levels of the Office of the Administrator

(a) Use of IPA

The 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 employees

In 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 briefing

In 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").

(Pub. L. 106–65, div. C, title XXXII, §3241A, as added Pub. L. 112–239, div. C, title XXXI, §3111(a)(1), Jan. 2, 2013, 126 Stat. 2168; amended Pub. L. 113–291, div. C, title XXXI, §3116, Dec. 19, 2014, 128 Stat. 3888; Pub. L. 114–92, div. C, title XXXI, §3138, Nov. 25, 2015, 129 Stat. 1215; Pub. L. 114–328, div. C, title XXXI, §3136(a), Dec. 23, 2016, 130 Stat. 2771; Pub. L. 116–92, div. C, title XXXI, §3111(a), Dec. 20, 2019, 133 Stat. 1949; Pub. L. 117–263, div. C, title XXXI, §3117, Dec. 23, 2022, 136 Stat. 3054.)

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–263, §3117(a)(1), (2), redesignated subsec. (d) as (a) and struck out former subsec. (a) which limited the number of employees of the Office of the Administrator to 1,890 and required justification for any excess starting with fiscal year 2020.

Subsec. (b). Pub. L. 117–263, §3117(a)(2), redesignated subsec. (e) as (b). Former subsec. (b) redesignated (d).

Subsec. (c). Pub. L. 117–263, §3117(a)(2), (b), redesignated subsec. (f) as (c) and amended it generally. Prior to amendment, subsec. related to report to be included in annual budget justification materials. Former subsec. (c) struck out.

Pub. L. 117–263, §3117(a)(1), struck out subsec. (c). Text read as follows: "In accordance with section 3523 of title 5, the Administrator may offer voluntary separation or retirement incentives to meet the total number of employees authorized under subsection (a)."

Subsec. (d). Pub. L. 117–263, §3117(a)(3), (c), redesignated subsec. (b) as (d) and substituted "under subsection (c)" for "under subsection (a)" wherever appearing. Former subsec. (d) redesignated (a).

Subsecs. (e), (f). Pub. L. 117–263, §3117(a)(2), redesignated subsecs. (e) and (f) as (b) and (c), respectively.

2019—Subsec. (a)(1). Pub. L. 116–92, §3111(a)(1)(A), (B)(i), substituted "The" for "By October 1, 2015, the" and "1,890" for "1,690".

Subsec. (a)(2). Pub. L. 116–92, §3111(a)(1)(A), (B)(ii), substituted "2020" for "2016" and "1,890" for "1,690".

Subsec. (f). Pub. L. 116–92, §3111(a)(2)(A), substituted "for the most recent fiscal year for which data are available" for "as of the date of the report" in introductory provisions.

Subsec. (f)(5), (6). Pub. L. 116–92, §3111(a)(2)(B), added pars. (5) and (6) and struck out former par. (5) which read as follows: "With respect to each contract identified under paragraph (2)—

"(A) the cost of the contract; and

"(B) identification of the program or program direction accounts that support the contract."

2016—Subsec. (f)(5). Pub. L. 114–328 added par. (5).

2015—Subsec. (f). Pub. L. 114–92 added subsec. (f).

2014—Subsec. (a)(1). Pub. L. 113–291, §3116(a)(1), substituted "2015" for "2014" and "1,690" for "1,825".

Subsec. (a)(2). Pub. L. 113–291, §3116(a)(2), substituted "2016" for "2015" and "1,690" for "1,825".

Subsec. (e). Pub. L. 113–291, §3116(b), added subsec. (e).

§2442. Repealed. Pub. L. 112–239, div. C, title XXXI, §3132(c)(1)(A), Jan. 2, 2013, 126 Stat. 2186

Section, Pub. L. 106–65, div. C, title XXXII, §3242, Oct. 5, 1999, 113 Stat. 964, related to voluntary early retirement authority.

§2443. Notification of employee practices affecting national security

(a) Annual notification of security clearance revocations

At 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 removals

Not 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) Definitions

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 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.

(Pub. L. 106–65, div. C, title XXXII, §3245, as added Pub. L. 114–92, div. C, title XXXI, §3111(a)(1), Nov. 25, 2015, 129 Stat. 1186; amended Pub. L. 117–81, div. C, title XXXI, §3131(a), Dec. 27, 2021, 135 Stat. 2229.)

Editorial Notes

Prior Provisions

A prior section 2443, Pub. L. 106–65, div. C, title XXXII, §3245, as added Pub. L. 106–377, §1(a)(2) [title III, §315], Oct. 27, 2000, 114 Stat. 1441, 1441A-81, related to prohibition on pay of personnel engaged in concurrent service or duties inside and outside Administration, prior to repeal by Pub. L. 107–107, div. C, title XXXI, §3143, Dec. 28, 2001, 115 Stat. 1371.

Amendments

2021—Subsecs. (a), (b). Pub. L. 117–81 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), which related to annual notification and notification to congressional committees, respectively.

§2444. Nonproliferation and national security scholarship and fellowship program

(a) Establishment

The 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 Department of Energy.

(b) Eligible individuals

An 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) Agreement

An 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 Department of Energy or at a laboratory of the Department 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 general

An 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 Department of Energy or at a laboratory of the Department as agreed to pursuant to subsection (c)(2)(D); or

(C) is voluntarily separated from service or involuntarily separated for cause from the Department of Energy or a laboratory of the Department before the end of the period for which such individual agreed to continue in the service of the Department pursuant to subsection (c)(2)(D).

(2) Failure to repay

If 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 repayment

The 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 interest

For 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 students

In 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 Department of Energy.

(f) Coordination of benefits

A 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 Congress

Not 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) Funding

Of the amounts authorized to be appropriated by section 3101(a)(2) ¹ for defense nuclear nonproliferation activities, $3,000,000 shall be available to carry out the program established under this section.

(Pub. L. 110–417, div. C, title XXXI, §3113, Oct. 14, 2008, 122 Stat. 4754; Pub. L. 111–383, div. A, title X, §1075(e)(19), Jan. 7, 2011, 124 Stat. 4375.)

Editorial Notes

References in Text

The Higher Education Act of 1965, referred to in subsec. (f), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§1070 et seq.) of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

Section 3101(a)(2), referred to in subsec. (h), is section 3101(a)(2) of Pub. L. 110–417, div. C, title XXXI, Oct. 14, 2008, 122 Stat. 4752, which is not classified to the Code.

Codification

Section was enacted as part of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, and not as part of the National Nuclear Security Administration Act which comprises this chapter.

Amendments

2011—Subsec. (b)(2). Pub. L. 111–383, §1075(e)(19)(A), inserted closing parenthesis before semicolon.

Subsec. (d)(2). Pub. L. 111–383, §1075(e)(19)(B), substituted "fails to repay" for "fails repay".

Statutory Notes and Related Subsidiaries

"Congressional Defense Committees" Defined

Congressional defense committees has the meaning given that term in section 101(a)(16) of Title 10, Armed Forces, see section 3 of Pub. L. 110–417, Oct. 14, 2008, 122 Stat. 4372. See note under section 101 of Title 10.

¹ See References in Text note below.

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

(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) 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.

(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.)

§2446. Treatment of contractors who engage in improper program management

(a) In general

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) Exception

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) Definitions

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.

(Pub. L. 106–65, div. C, title XXXII, §3247, as added Pub. L. 114–92, div. C, title XXXI, §3111(c)(1), Nov. 25, 2015, 129 Stat. 1188.)