Sec. 212. Project delivery process reforms
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With respect to each qualifying project, the Secretary shall require— for each project manager, that— the project manager have formal project management training and certification; and the project manager be assigned from among personnel certified by the Chief of Engineers; and for an applicable cost estimation, that— the Secretary utilize a risk-based cost estimate with a confidence level of at least 80 percent; and the cost estimate be implemented— for a qualifying project that requires an increase in the authorized amount in accordance with section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ), during the preparation of a post-authorization change report or other similar decision document; for a qualifying project for which the first construction contract has not been awarded, prior to the award of the first construction contract; for a qualifying project without a completed feasibility report in accordance with section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ), prior to the completion of such a report; and for a qualifying project with a completed feasibility report in accordance with section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ) that has not yet been authorized, during design for the qualifying 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 best management practices 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 subtitle, including— the implementation of applicable practices and procedures developed pursuant to management by the Secretary of an applicable military construction program; 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 pilot projects to evaluate processes and procedures for the study, design, and 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 completed feasibility report in accordance with section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ) 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 advice and recommendations on the development of 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 as an informal advisor to 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 striking subsection
(c)and inserting 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 completed feasibility reports 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 coordination 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 revisions to the program, as appropriate. The chairperson of the Users Board and the project development team member appointed by the chairperson under subsection (b)(3) may 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. The Users Board shall be subject to the Federal Advisory Committee Act, other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. For the purposes of complying with such Act, the members of the Users Board shall not be considered special Government employees (as defined in section 202 of title 18, United States Code). Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. .
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