Sec. 3111. Establishment of Director for Cost Estimating and Program Evaluation in National Nuclear Security Administration
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Subtitle A of the National Nuclear Security Administration Act ( 50 U.S.C. 2401 et seq. ) is amended by adding at the end the following new section: There is in the Administration a Director for Cost Estimating and Program Evaluation (in this section referred to as the Director ), who is appointed by the President, by and with the advice and consent of the Senate. The Director shall be the principal officer of the Administration responsible for communicating directly with the Administrator, the Deputy Secretary of Energy, and the Secretary of Energy with respect to cost estimation and program evaluation for the Administration.
The Administrator may not delegate responsibility for receiving or acting on communications from the Director with respect to cost estimation and program evaluation for the Administration. There shall be two deputy directors, who shall report directly to the Director, as follows: The Deputy Director for Cost Estimation. The Deputy Director for Program Evaluation. The Director shall be the responsible for the following activities relating to cost estimation: Prescribing policies and procedures for cost analysis and estimation by the Administration, including the determination of confidence levels with respect to cost estimates.
Reviewing cost estimates and evaluating the performance baseline for each major atomic energy defense acquisition program. Establishing policies and procedures for developing technology readiness assessments for such programs that are consistent with the guidelines of the Department of Energy for technology readiness assessments. Reviewing technology readiness assessments for such programs to ensure that such programs are meeting levels of confidence associated with appropriate overall system performance.
Reviewing costs and, if necessary, conducting independent cost estimates of projects covered by Department of Energy Order 413.3 (relating to program and project management for the acquisition of capital assets) (or a successor order) for the acquisition of capital assets for atomic energy defense activities. A review, evaluation, or cost estimate conducted under subparagraph (B), (D), or
(E)of paragraph
(1)is an inherently governmental function and may not be conducted by a national security laboratory or a contractor of the Administration. The Director may use data collected by such a laboratory or contractor in conducting such a review, evaluation, or cost estimate. The Director shall submit in writing to the Administrator the following: The certification of the Director with respect to each review, evaluation, and cost estimate conducted under subparagraph (B), (D), or
(E)of paragraph (1). A statement of the confidence level of the Director with respect to each such review, evaluation, and cost estimate, including an identification of areas of uncertainty in each such review, evaluation, and cost estimate. The Administrator shall transmit each review, evaluation, and cost estimate conducted under subparagraph (B), (D), or
(E)of paragraph
(1)to the congressional defense committees with any additional comments of the Administrator supporting or disputing the review, evaluation, or cost estimate. The Director shall be responsible for the following activities relating to program evaluation: Reviewing and commenting on policies and procedures for setting requirements for the future-years nuclear security program under section 3253 and for prioritizing and estimating the funding required by the Administration for that program. Reviewing the future-years nuclear security program on an annual basis to ensure that the program is accurate and thorough. Prescribing policies and procedures for initiating analyses of alternatives for major atomic energy defense acquisition programs. As part of the planning, programming, and budgeting process of the Administration under sections 3251 and 3252, analyzing the planning phase of that process, preparing programmatic and fiscal year guidance, and managing the program review phase of that process. Developing and managing the submittal of the Selected Acquisition Reports and independent cost estimates on nuclear weapons systems undergoing major life extension under section 4217 of the Atomic Energy Defense Act ( 50 U.S.C. 2537 ). Reviewing cost and schedule baselines for projects under section 4713 of the Atomic Energy Defense Act (50 U.S.C. 2753) and managing notifications to the congressional defense committees of cost overruns under that section. A review conducted under paragraph (1)(B) is an inherently governmental function and may not be conducted by a national security laboratory or a contractor of the Administration. The Director may use data collected by such a laboratory or contractor in conducting such a review. The Director shall submit to Congress a report on any major programmatic deviations from the future-years nuclear security program discovered in conducting a review under paragraph (1)(B) at or about the time the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for the next fiscal year. The Administrator shall ensure that the Director has sufficient numbers of personnel who have competence in technical and budgetary matters to carry out the functions required by this section. The Director shall submit to Congress at or about the time that the budget of the President is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for each of fiscal years 2015 through 2018, a report that includes the following: A description of activities related to developing accurate and timely budget formulation conducted by the Director during the calendar year preceding the submission of the report. An assessment of efforts to develop accurate cost estimates and analyses, including of technology readiness assessments. An assessment of deficiencies in developing an integrated list of requirements for programs and projects of the Administration using available resources. A list of all major atomic energy defense acquisition programs and projects covered by Department of Energy Order 413.3 (or a successor order) for the acquisition of capital assets for atomic energy defense activities and a concise description of the status of each such program and project in meeting cost and critical milestones. Not later than 90 days after the Director submits a report to Congress under subsection (g), the Comptroller General of the United States shall brief Congress on the following: The assessment of the Comptroller General with respect to the report submitted under subsection (g). Recommendations for improving the ability of the Director to perform the functions required by this section, including recommendations with respect to the availability of personnel and resources to carry out those functions. In this section: Except as provided in subparagraph (B), the term major atomic energy defense acquisition program means an atomic energy defense acquisition program of the Administration— the total project cost of which is more than $50,000,000 (based on fiscal year 2012 constant dollars); or the total lifetime cost of which is more than $350,000,000 (based on fiscal year 2012 constant dollars). The term major atomic energy defense acquisition program does not include a project covered by Department of Energy Order 413.3 (or a successor order) for the acquisition of capital assets for atomic energy defense activities. The term performance baseline , with respect to a major atomic energy defense acquisition program, means the key parameters with respect to performance, scope, cost, and schedule for the project budget of the program. . Not later than 180 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a plan for the implementation of section 3221 of the National Nuclear Security Administration Act, as added by subsection (a), that includes the following: An identification of the number of personnel required to support the Director for Cost Estimating and Program Evaluation, the Deputy Director for Cost Estimating, and the Deputy Director for Program Evaluation established under such section 3221. A description of the functions of such personnel. A plan for training such personnel through entities of the Department of Defense that conduct activities similar to the activities described in such section 3221 on the day before the date of the enactment of this Act. An estimate of the time required to hire and train such personnel. A plan for developing cost estimation and program evaluation activities jointly with the Department of Defense to the extent practicable and beneficial to both the National Nuclear Security Administration and the Department of Defense. Section 5315 of title 5, United States Code, is amended by adding at the end the following new item: Director for Cost Estimating and Program Evaluation, National Nuclear Security Administration. . The table of contents for the National Nuclear Security Administration Act is amended by inserting after the item relating to section 3220 the following new item: Sec. 3221. Director for Cost Estimating and Program Evaluation. .
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U.S. Code
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- 50 USC 2537
- 50 USC 2753
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Sec. 3111
Establishment of Director for Cost Estimating and Program Evaluation in National Nuclear Security Administration
Cite50 USC 2537
Cite50 USC 2753
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