Sec. 3123. COST CONTAINMENT FOR URANIUM CAPABILITIES REPLACEMENT PROJECT

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## 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— #####

(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)Cost of Phase I ####

(1)Limitation The total cost of Phase I under subsection

(a)of the project referred to in that subsection may not exceed $4,200,000,000. ####

(2)Adjustment If the Secretary determines the total cost of Phase I under subsection

(a)of the project referred to in that subsection will exceed the amount set forth in paragraph (1), the Secretary may adjust that amount if, by not later than March 1, 2015, the Secretary submits to the congressional defense committees a detailed justification for the adjustment, including— #####

(A)the amount of the adjustment and the proposed total cost of Phase I; #####

(B)a detailed justification for the adjustment, including a description of the changes to the project that would be required for Phase I to not exceed the total cost set forth in paragraph (1); #####

(C)a detailed description of the actions taken to hold appropriate contractors, employees of contractors, and employees of the Federal Government accountable for the repeated failures within the project; #####

(D)a description of the clear lines of responsibility, authority, and accountability for the project as the project continues, including descriptions of the roles and responsibilities for each key Federal and contractor position; and #####

(E)a detailed description of the structural reforms planned or implemented by the Secretary to ensure Phase I is executed on time and on schedule. ####

(3)Annual certification Not later than March 1 of each year through 2025, the Secretary shall certify in writing to the congressional defense committees and the Secretary of Defense that Phase I under subsection

(a)of the project referred to in that subsection will— #####

(A)not exceed the total cost set forth in paragraph

(1)(as adjusted pursuant to paragraph (2), if so adjusted); and #####

(B)meet a schedule that enables, by not later than 2025— ######

(i)uranium operations in building 9212 to cease; and ######

(ii)uranium operations in a new facility constructed under the project to begin. ####

(4)Report If the Secretary of Energy does not make a certification under paragraph

(3)by March 1 of any year in which a certification is required under that paragraph, by not later than May 1 of that year, the Chairman of the Nuclear Weapons Council shall submit to the congressional defense committees a report that identifies the resources of the Department of Energy that the Chairman determines should be redirected to enable the Department of Energy to meet the total cost and schedule requirements described in subparagraphs

(A)and

(B)of that paragraph. ###

(e)Technology Readiness Levels During Phase I ####

(1)In general Critical decision 3 in the acquisition process may not be approved for Phase I under subsection

(a)of the project referred to in that subsection until all processes (or substitute processes) that require Category I and II special nuclear material protection and are actively used to support the stockpile in building 9212— #####

(A)are present in the facility to be built under Phase I with a technology readiness level of 7 or higher; or #####

(B)can be accommodated in other facilities of the Y–12 National Security Complex with a technology readiness level of 7 or higher. ####

(2)Technology readiness level defined In this subsection, the term “**technology readiness level**” has the meaning given that term in Department of Energy Guide 413.3–4A (relating to technology readiness assessment). ###

(f)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. ####

(3)Report Not later than March 1, 2015, the Secretary of Energy and the Secretary of the Navy shall jointly submit to the congressional defense committees a report detailing the implementation of paragraphs

(1)and (2), including— #####

(A)a description of the program management, oversight, design, and other responsibilities for the project referred to in subsection

(a)that are provided to the Commander of the Naval Facilities Engineering Command pursuant to paragraph (1); and #####

(B)a description of the funding used by the Secretary under paragraph

(2)to carry out paragraph (1). ###

(g)Program Accountability Matrices and GAO Assessments ####

(1)Requirement Concurrent with the submission of the budget of the President (as submitted to Congress pursuant to section 1105(a) of title 31, United States Code) for fiscal year 2025 and each fiscal year thereafter until the termination date specified in paragraph (4), the Administrator for Nuclear Security shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in paragraph

(2)relating to the project referred to in subsection (a). ####

(2)Matrices described The matrices described in this subsection are the following: #####

(A)Technology maturity matrix A matrix that identifies key milestones, development events, and specific performance goals for the development of critical technologies relating to the project referred to in subsection (a). #####

(B)Scope, cost, and schedule matrix A matrix that identifies— ######

(i)causes of cost growth and schedule slippage, if any, for the project referred to in subsection (a), including challenges relating to construction, procurement, and supply chain issues; ######

(ii)the impact of such cost and schedule problems on current and planned weapons modernization efforts; and ######

(iii)the scope, cost, and schedule of activities funded by the uranium modernization program for the period of fiscal years 2024 through 2028 as set forth in the corresponding future-years nuclear security program submitted to Congress pursuant to section 2453 of title 10, United States Code. ####

(3)GAO assessment Not later than 180 days after receiving the matrices described in paragraph (2), the Comptroller General of the United States shall— #####

(A)assess the progress made on the project referred to in subsection (a); and #####

(B)provide to the congressional defense committees a briefing on the results of that assessment. ####

(4)Termination The requirements of this subsection shall terminate on the date that is one year after the date on which the project referred to in subsection

(a)is completed. ## Subtitle C Improvements to National Security Energy Laws