Pub. L. 112-239, div. C, tit. XXXI, subtit. B, sec. 3123
COST CONTAINMENT FOR URANIUM CAPABILITIES REPLACEMENT PROJECT.
SEC. 3123. COST CONTAINMENT FOR URANIUM CAPABILITIES REPLACEMENT PROJECT.(a) Execution Phases for Project.—Project 06–D–141 for the Y–12 Uranium Processing Facility, Y–12 National Security Complex, Oak Ridge, Tennessee, shall be hereafter known as the “Uranium Capabilities Replacement Project”. The project shall be broken into separate execution phases as follows:(1) Phase I, which shall consist of—126 STAT. 2178(A) processes and capabilities associated with building 9212, including uranium casting and uranium chemical processing; and(B) the support, administration, and logistics facilities and the building structure and building-level utilities needed to carry out Phases II and III.(2) Phase II, which shall consist of processes and capabilities associated with buildings 9215 and 9998, including uranium metal-working, machining, and inspection.(3) Phase III, which shall consist of processes and capabilities associated with building 9204–2E, including radiography, assembly, disassembly, quality evaluation, and production certification operations of nuclear weapon secondaries.(b) Budgeting and Authorization for Each Phase.—(1) Budgeting for each phase required.—The Secretary of Energy shall budget separately for each Phase under subsection (a) of the project referred to in that subsection.(2) Funding pursuant to separate authorizations of appropriations.—Except as provided by paragraph (3), the Secretary may not proceed with a Phase under subsection (a) of the project referred to in that subsection except with funds expressly authorized to be appropriated for that Phase by law.(3) Unused funding from phase i.—After Phase I under subsection (a) is completed, the Secretary may use any unobligated funds made available for such Phase for Phase II or Phase III if the Secretary notifies the congressional defense committees before using such funds for Phase II or Phase III.(c) Compliance of Phases With DOE Order on Program and Project Management.—Each Phase under subsection (a) of the project referred to in that subsection shall comply with Department of Energy Order 413.3, relating to Program Management and Project Management for the Acquisition of Capital Assets.(d) Limitation on Cost of Phase I.—The total cost of Phase I under subsection (a) of the project referred to in that subsection may not exceed $4,200,000,000. If the Administrator determines the total cost of Phase I will exceed $4,200,000,000, the Administrator shall submit to the congressional defense committees a detailed justification for such increase.(e) Assistance.—(1) NAVFAC.—In carrying out this section, the Secretary shall procure the services of the Commander of the Naval Facilities Engineering Command to assist the Secretary with respect to the program management, oversight, and design activities of the project referred to in subsection (a).(2) Source of funding.—The Secretary shall carry out paragraph (1) using funds made available for the National Nuclear Security Administration.(f) GAO Quarterly Reports.—(1) In general.—Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter until the date on which the project referred to in subsection (a) is completed, the Comptroller General of the United States shall submit to the congressional defense committees a report on all Phases under such subsection.(2) Matters included.—The reports under paragraph (1) shall include—126 STAT. 2179(A) the progress on adhering to cost projections for the project referred to in subsection (a) and the progress on meeting the requirements of section 4713 of the Atomic Energy Defense Act (50 U.S.C. 2753);(B) the status of the technology readiness levels for equipment and processes that will accompany each Phase under subsection (a);(C) independent cost estimates of such Phases;(D) the programmatic structure of the relationship between the prime contractor and subcontractors; and(E) any other issue that the Comptroller General determines appropriate with respect to the requirements, cost, schedule, or technology readiness levels of such project.(g) Naval Reactor Study.—(1) In general.—The Deputy Administrator for Naval Reactors shall conduct a study of the project referred to in subsection (a), including an analysis of the cost, benefits, and risks with respect to nuclear safety.(2) Submission.—Not later than one year after the date of the enactment of this Act, the Deputy Administrator shall submit to the congressional defense committees a report on the study under paragraph (1), including recommendations of the Deputy Administrator with respect to the project structure, oversight model, and potential cost savings of the project referred to in subsection (a).(3) Consideration of recommendations.—In carrying out the project referred to in subsection (a), the Secretary of Energy shall consider the recommendations made by the Deputy Administrator in the report under paragraph (2) and incorporate such recommendations into the project as the Secretary considers appropriate.(4) Funding.—The Secretary and the Deputy Administrator shall carry out this subsection using funds authorized to be appropriated by this Act or otherwise made available for the National Nuclear Security Administration that are not made available for the Naval Nuclear Propulsion Program.(h) CAPE Review.—Not later than 180 days after the date of the enactment of this Act, the Director of Cost Assessment and Program Evaluation of the Department of Defense shall submit to the congressional defense committees a review of the cost and schedule of the project referred to in subsection (a).