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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 50 U.S.C. § 2446 Treatment of contractors who engage in improper program management us united_states_code code_section 50 WAR AND NATIONAL DEFENSE 41 NATIONAL NUCLEAR SECURITY ADMINISTRATION 2446 50 U.S.C. § 2446 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc50@119-100.zip /us/usc/t50/s2446 data/legal/raw/us/code/title-50/usc50.xml 2d295c9a658b3701a5b23290ed86aaa38fe77fbd2863819c87f79625170f928d 708c288b5448617cab7b03b8011860274671c9aec56686858b910a06948cd7ac 0042e124d75da38b0e4b607a0790a21e313460a5910b37b2bb43920cf65869d1 2026-07-04 official
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50 U.S.C. § 2446 - Treatment of contractors who engage in improper program management

Text

(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. 10665, div. C, title XXXII, § 3247, as added Pub. L. 11492, div. C, title XXXI, § 3111(c)(1), Nov. 25, 2015, 129 Stat. 1188.)