§ 2446 — Treatment Of Contractors Who Engage In Improper Program Management

(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.