View all text of Part A [§ 2741 - § 2758]
§ 2753. Notification of cost overruns for certain Department of Energy projects
(a) Establishment of cost and schedule baselines
(1) Stockpile life extension projects
(A) In general
(B) Per unit cost
(C) Notification to congressional defense committees
(2) Major alteration projects
(A) In general
(B) Per unit cost
(C) Notification to congressional defense committees
(D) Major alteration project defined
(3) Defense-funded construction projects
(A) In generalThe Secretary of Energy shall establish a cost and schedule baseline under the project management protocols of the Department of Energy for each construction project that is—
(i) in excess of $65,000,000; and
(ii) carried out by the Department using funds authorized to be appropriated for a fiscal year pursuant to a DOE national security authorization.
(B) Notification to congressional defense committees
(4) Defense environmental cleanup projects
(A) In generalThe Secretary shall establish a cost and schedule baseline under the project management protocols of the Department of Energy for each defense environmental cleanup project that is—
(i) in excess of $65,000,000; and
(ii) carried out by the Department pursuant to such protocols.
(B) Notification to congressional defense committees
(b) Notification of costs exceeding baselineThe Administrator or the Secretary, as applicable, shall notify the congressional defense committees not later than 30 days after determining that—
(1) the total cost for a project referred to in paragraph (1), (2), (3), or (4) of subsection (a) will exceed an amount that is equal to 125 percent of the cost baseline established under subsection (a) for that project; and
(2) in the case of a stockpile life extension project referred to in subsection (a)(1) or a major alteration project referred to in subsection (a)(2), the cost for any warhead in the project will exceed an amount that is equal to 150 percent of the cost baseline established under subsection (a)(1)(B) or (a)(2)(B), as applicable, for each warhead in that project.
(c) Notification of determination with respect to termination or continuation of projects and root cause analysesNot later than 90 days after submitting a notification under subsection (b) with respect to a project, the Administrator or the Secretary, as applicable, shall—
(1) notify the congressional defense committees with respect to whether the project will be terminated or continued;
(2) if the project will be continued, certify to the congressional defense committees that—
(A) a revised cost and schedule baseline has been established for the project and, in the case of a stockpile life extension project referred to in subparagraph (A) or (B) of subsection (a)(1) or a major alteration project referred to in subsection (a)(2), a revised estimate of the cost for each warhead in the project has been made;
(B) the continuation of the project is necessary to the mission of the Department of Energy and there is no alternative to the project that would meet the requirements of that mission; and
(C) a management structure is in place adequate to manage and control the cost and schedule of the project; and
(3) submit to the congressional defense committees an assessment of the root cause or causes of the growth in the total cost of the project, including the contribution of any shortcomings in cost, schedule, or performance of the program, including the role, if any, of—
(A) unrealistic performance expectations;
(B) unrealistic baseline estimates for cost or schedule;
(C) immature technologies or excessive manufacturing or integration risk;
(D) unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance;
(E) changes in procurement quantities;
(F) inadequate program funding or funding instability;
(G) poor performance by personnel of the Federal Government or contractor personnel responsible for program management; or
(H) any other matters.
(d) Applicability of requirements to revised cost and schedule baselinesA revised cost and schedule baseline established under subsection (c) shall—
(1) be submitted to the congressional defense committees with the certification submitted under subsection (c)(2); and
(2) be subject to the notification requirements of subsections (b) and (c) in the same manner and to the same extent as a cost and schedule baseline established under subsection (a).
(Pub. L. 107–314, div. D, title XLVII, § 4713, as added Pub. L. 111–383, div. C, title XXXI, § 3114(a), Jan. 7, 2011, 124 Stat. 4510; amended Pub. L. 112–239, div. C, title XXXI, § 3131(t), Jan. 2, 2013, 126 Stat. 2184; Pub. L. 113–66, div. C, title XXXI, § 3146(h)(4), Dec. 26, 2013, 127 Stat. 1081; Pub. L. 113–291, div. C, title XXXI, § 3115, Dec. 19, 2014, 128 Stat. 3888; Pub. L. 114–92, div. C, title XXXI, §§ 3113(a), 3114, Nov. 25, 2015, 129 Stat. 1191, 1193; Pub. L. 117–263, div. C, title XXXI, § 3118, Dec. 23, 2022, 136 Stat. 3055.)