Sec. 7003. Project delivery process reforms
1,068 words·~5 min read·
/bill/113/hr/3080/eas/section-7003A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
With respect to each qualifying project, the Secretary shall require— formal project management training and certification for each project manager; assignment as project manager only of personnel fully certified by the Chief of Engineers; and for an applicable cost estimation, that— the estimation— is risk-based; and has a confidence level of at least 80 percent; and a risk-based cost estimate shall be implemented— for a qualified project that requires an increase in the authorized amount in accordance with section 902 of the Water Resources Development Act of 1986 ( Public Law 99–662 ; 100 Stat. 4183), during the preparation of a post-authorization change report or other similar decision document; for a qualified project for which the first construction contract has not been awarded, prior to the award of the first construction contract; for a qualified project without a completed Chief of Engineers report, prior to the completion of such a report; and for a qualified project with a completed Chief of Engineers report that has not yet been authorized, during design for the qualified project.
Not later than 18 months after the date of enactment of this Act, the Secretary shall— establish a system to identify and apply on a continuing basis lessons learned from prior or ongoing qualifying projects to improve the likelihood of on-time and on-budget completion of qualifying projects; evaluate early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance; and implement any additional measures that the Secretary determines will achieve the purposes of this title and the amendments made by this title, including, as the Secretary determines to be appropriate— the implementation of applicable practices and procedures developed pursuant to management by the Secretary of an applicable military construction program; the establishment of 1 or more centers of expertise for the design and review of qualifying projects; the development and use of a portfolio of standard designs for inland navigation locks; the use of full-funding contracts or formulation of a revised continuing contracts clause; and the establishment of procedures for recommending new project construction starts using a capital projects business model.
Subject to paragraph (2), the Secretary may carry out 1 or more pilot projects to evaluate processes or procedures for the study, design, or construction of qualifying projects. At a minimum, the Secretary shall carry out pilot projects under this subsection to evaluate— early contractor involvement in the development of features and components; an appropriate use of continuing contracts for the construction of features and components; and applicable principles, procedures, and processes used for military construction projects.
Section 302 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2251 ) is amended— by striking subsection
(b)and inserting the following: The Users Board shall meet not less frequently than semiannually to develop and make recommendations to the Secretary and Congress regarding the inland waterways and inland harbors of the United States. For commercial navigation features and components of the inland waterways and inland harbors of the United States, the Users Board shall provide— prior to the development of the budget proposal of the President for a given fiscal year, advice and recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels; advice and recommendations to Congress regarding any report of the Chief of Engineers relating to those features and components; advice and recommendations to Congress regarding an increase in the authorized cost of those features and components; not later than 60 days after the date of the submission of the budget proposal of the President to Congress, advice and recommendations to Congress regarding construction and rehabilitation priorities and spending levels; and a long-term capital investment program in accordance with subsection (d). The chairperson of the Users Board shall appoint a representative of the Users Board to serve on the project development team for a qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the United States. Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. ; by redesignating subsection
(c)as subsection (f); and by inserting after subsection
(b)the following: The Secretary shall— communicate not less than once each quarter to the Users Board the status of the study, design, or construction of all commercial navigation features or components of the inland waterways or inland harbors of the United States; and submit to the Users Board a courtesy copy of all reports of the Chief of Engineers relating to a commercial navigation feature or component of the inland waterways or inland harbors of the United States. Not later than 1 year after the date of enactment of this subsection, the Secretary, in coordination with the Users Board, shall develop, and submit to Congress a report describing, a 20-year program for making capital investments on the inland and intracoastal waterways, based on the application of objective, national project selection prioritization criteria. In developing the program under paragraph (1), the Secretary shall take into consideration the 20-year capital investment strategy contained in the Inland Marine Transportation System
(IMTS)Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Users Board. In developing the plan and prioritization criteria under paragraph (1), the Secretary shall ensure, to the maximum extent practicable, that investments made under the 20-year program described in paragraph (1)— are made in all geographical areas of the inland waterways system; and ensure efficient funding of inland waterways projects. Not later than 5 years after the date of enactment of this subsection, and not less frequently than once every 5 years thereafter, the Secretary, in conjunction with the Users Board, shall— submit to Congress a strategic review of the 20-year program in effect under this subsection, which shall identify and explain any changes to the project-specific recommendations contained in the previous 20-year program (including any changes to the prioritization criteria used to develop the updated recommendations); and make such revisions to the program as the Secretary and Users Board jointly consider to be appropriate. The chairperson of the Users Board and the project development team member appointed by the chairperson under subsection (b)(3) shall sign the project management plan for the qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the United States. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
2 references not yet in our index
- Pub. L. 99-662
- 100 Stat. 4183
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources