§2753 — Title 50 War and National Defense | U.S. Code

Summary

Require the Administrator or the Secretary (whichever runs the project) to set a cost and schedule baseline for several kinds of projects and send that baseline to the congressional defense committees within 30 days. For nuclear stockpile life‑extension or new nuclear weapon projects, the baseline must match the cost and schedule in the project's first Selected Acquisition Report and must include an estimated cost for each warhead. Major alteration projects must also have a baseline with a per‑warhead estimate; a "major alteration project" is one that will cost more than $800,000,000. The Secretary must set baselines under DOE project rules for construction projects over $65,000,000 that are funded under a DOE national security authorization and for defense environmental cleanup projects over $65,000,000, and send those baselines to the congressional defense committees within 30 days. Require the Administrator or the Secretary to notify the congressional defense committees within 30 days if a project’s total cost will exceed 125 percent of its baseline, or if any warhead cost in a stockpile life‑extension, new weapon, or major alteration project will exceed 150 percent of the per‑warhead baseline. Within 90 days after that notice, the official in charge must tell the committees whether the project will stop or continue. If it continues, they must certify a revised baseline (and revised per‑warhead estimates where required), say the work is necessary with no practical alternative, show a management structure to control cost and schedule, and send an analysis explaining the causes of the cost growth (for example, bad estimates, technical problems, funding issues, or poor management). Any revised baseline must be sent with the certification and is subject to the same notification rules.

Title 50, §2753

War and National Defense — Source: USLM XML via OLRC

(a)(1)(A)The Administrator shall establish a cost and schedule baseline for each nuclear stockpile life extension or new nuclear weapon program project of the Administration. In addition to the requirement under subparagraph (B), the cost and schedule baseline of a nuclear stockpile life extension or new nuclear weapon program project established under this subparagraph shall be the cost and schedule as described in the first Selected Acquisition Report submitted under section 2537(a) of this title for the project.

(B)The cost baseline developed under subparagraph (A) shall include, with respect to each life extension project,11 See Codification note below. an estimated cost for each warhead in the project.

(C)Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Administrator shall submit the cost and schedule baseline to the congressional defense committees.

(2)(A)The Administrator shall establish a cost and schedule baseline for each major alteration project.

(B)The cost baseline developed under subparagraph (A) shall include, with respect to each major alteration project, an estimated cost for each warhead in the project.

(D)In this paragraph, the term “major alteration project” means a nuclear weapon system alteration project of the Administration the cost of which exceeds $800,000,000.

(3)(A)The 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)Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Secretary shall submit the cost and schedule baseline to the congressional defense committees.

(4)(A)The 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)Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Secretary shall submit the cost and schedule baseline to the congressional defense committees.

(b)The 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 or new nuclear weapon program 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)Not 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 or new nuclear weapon program 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)A 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).

Notes & Related Subsidiaries

Editorial Notes

Codification Amendment by section 3111(c)(7)(B) of Pub. L. 118–159 inserting “or new nuclear weapon program” after “stockpile life extension” wherever appearing in this section was not executed to subsec. (a)(1)(B) of this section because only the phrase “life extension” appeared in text, without the word “stockpile”.

Amendments

2024—Pub. L. 118–159, § 3111(c)(7)(B), inserted “or new nuclear weapon program” after “stockpile life extension” wherever appearing. Subsec. (a)(1). Pub. L. 118–159, § 3111(c)(7)(A), inserted “and new nuclear weapon program” after “extension” in heading. 2022—Subsec. (a)(2)(D). Pub. L. 117–263, § 3118(1), substituted “$800,000,000” for “$750,000,000”. Subsec. (a)(3)(A)(i), (4)(A)(i). Pub. L. 117–263, § 3118(2), (3), substituted “$65,000,000” for “$50,000,000”. 2015—Subsec. (a)(2) to (4). Pub. L. 114–92, § 3113(a)(1), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Subsec. (b)(1). Pub. L. 114–92, § 3113(a)(2)(A)(i), substituted “(3), or (4)” for “or (3)”. Subsec. (b)(2). Pub. L. 114–92, § 3113(a)(2)(A)(ii)(II), which directed the insertion of “or (a)(2)(B), as applicable,”, was executed by making the insertion after “subsection (a)(1)(B)” to reflect the probable intent of Congress. Pub. L. 114–92, § 3113(a)(2)(A)(ii)(I), inserted “or a major alteration project referred to in subsection (a)(2)” after “subsection (a)(1)”. Subsec. (c). Pub. L. 114–92, § 3114(1), inserted “and root cause analyses” after “projects” in heading. Subsec. (c)(2)(A). Pub. L. 114–92, § 3113(a)(2)(B), inserted “or a major alteration project referred to in subsection (a)(2)” after “subsection (a)(1)”. Subsec. (c)(3). Pub. L. 114–92, § 3114(2)–(4), added par. (3). 2014—Subsec. (a)(1)(A). Pub. L. 113–291, § 3115(1), inserted at end “In addition to the requirement under subparagraph (B), the cost and schedule baseline of a nuclear stockpile life extension project established under this subparagraph shall be the cost and schedule as described in the first Selected Acquisition Report submitted under section 2537(a) of this title for the project.” Subsec. (b)(2). Pub. L. 113–291, § 3115(2), substituted “150” for “200”. 2013—Subsec. (a)(1)(A). Pub. L. 112–239 struck out “for Nuclear Security” after “Administrator” and struck out “National Nuclear Security” after “life extension project of the”. Subsec. (a)(3). Pub. L. 113–66, § 3146(h)(4)(A), substituted “cleanup” for “management” in heading. Subsec. (a)(3)(A). Pub. L. 113–66, § 3146(h)(4)(B), substituted “environmental cleanup” for “environmental management” in introductory provisions.

§2753 Notification of Cost Overruns for Certain Department of Energy Projects

Summary

Title 50, §2753

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata