50 U.S.C. § 2773

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 2773 - Independent acquisition project reviews of capital assets acquisition projects

(a) Reviews

The appropriate head shall ensure that an independent entity conducts reviews of each capital assets acquisition project as the project moves toward the approval of each of critical decision 0, critical decision 1, and critical decision 2 in the acquisition process.

(b) Pre-critical decision 1 reviews

In addition to any other matters, with respect to each review of a capital assets acquisition project under subsection (a) that has not reached critical decision 1 approval in the acquisition process, such review shall include-

(1) a review using best practices of the analysis of alternatives for the project; and

(2) identification of any deficiencies in such analysis of alternatives for the appropriate head to address.

(c) Independent entities

The appropriate head shall ensure that each review of a capital assets acquisition project under subsection (a) is conducted by an independent entity with the appropriate expertise with respect to the project and the stage in the acquisition process of the project.

(d) Definitions

In this section:

(1) The term "acquisition process" means the acquisition process for a project, as defined in Department of Energy Order 413.3B (relating to project management and project management for the acquisition of capital assets), or a successor order.

(2) The term "appropriate head" means-

(A) the Administrator, with respect to capital assets acquisition projects of the Administration; and

(B) the Assistant Secretary of Energy for Environmental Management, with respect to capital assets acquisition projects of the Office of Environmental Management.

(3) The term "capital assets acquisition project" means a project-

(A) the total project cost of which is more than $500,000,000; and

(B) that is covered by Department of Energy Order 413.3B, or a successor order, for the acquisition of capital assets for atomic energy defense activities.

50 U.S.C. § 2773

Pub. L. 107-314, div. D, title XLVII, §4733, as added Pub. L. 114-328, §3111, 130 Stat. 2755; amended Pub. L. 116-92, §3139, 133 Stat. 1963.

EDITORIAL NOTES

AMENDMENTS2019-Subsec. (d)(3)(B). Pub. L. 116-92 substituted "413.3B" for "413.3".

Administration: The term "Administration" means the National Nuclear Security Administration.
Administrator: The term "Administrator" means the Administrator for Nuclear Security.