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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2022 · Sec. 355

Sec. 355. IMPROVED OVERSIGHT FOR IMPLEMENTATION OF SHIPYARD INFRASTRUCTURE OPTIMIZATION PROGRAM OF THE NAVY

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## SEC. 355 IMPROVED OVERSIGHT FOR IMPLEMENTATION OF SHIPYARD INFRASTRUCTURE OPTIMIZATION PROGRAM OF THE NAVY **[**[10 U.S.C. 8013 note](/us/usc/t10/s8013)**]** ###
(a)Updated Plan ####
(1)In general Not later than September 30, 2022, the Secretary of the Navy shall submit to the congressional defense committees an update to the plan of the Secretary for implementation of the Shipyard Infrastructure Optimization Program of the Department of the Navy, with the objective of providing increased transparency for the actual costs and schedules associated with infrastructure optimization activities for shipyards covered by such program. ####
(2)Updated cost estimates The updated plan required under paragraph
(1)shall include updated cost estimates comprising the most recent costs of capital improvement projects for each of the four public shipyards covered by the Shipyard Infrastructure Optimization Program. ###
(b)Briefing Requirement ####
(1)In general Before the start of physical construction with respect to a covered project, the Secretary of the Navy or a designee of the Secretary shall brief each of the congressional defense committees on such project, regardless of the source of funding for such project. ####
(2)Written information Before conducting a briefing under paragraph
(1)with respect to a covered project, the Secretary of the Navy or a designee of the Secretary shall submit to the congressional defense committees in writing the following information: #####
(A)An updated cost estimate for such project that— ######
(i)meets the standards of the Association for the Advancement of Cost Engineering for a Level 1 or Level 2 cost estimate; or ######
(ii)is an independent cost estimate. #####
(B)A schedule for such project that is comprehensive, well-constructed, credible, and controlled pursuant to the Schedule Assessment Guide: Best Practices for Project Schedules (GAO-16-89G) set forth by the Comptroller General of the United States in December 2015, or successor guide. #####
(C)An estimate of the likelihood that programmed and planned funds for such project will be sufficient for the completion of the project. #####
(D)A risk analysis of how the schedule for such project affects the availability schedule for submarines and aircraft carriers, including the following: ######
(i)A timeline for the completion of such project, including construction dates and dates of planned maintenance at each shipyard under such project. ######
(ii)Contingency maintenance plans if such project is delayed, including any backup location for maintenance availabilities determined by the Chief Naval Officer and any resulting alteration in plans or schedules for maintenance. ######
(iii)The effect on public shipyards should a delay to such project result in the implementation of a contingency plan pursuant to clause (ii), including the effect on the workforce and workload capacity at the public shipyard with respect to which such project is conducted. ######
(iv)A cost-benefit analysis of the potential for private shipyards to assist with such workload should such project be delayed, including an identification of any gaps in the capability of private shipyards to conduct the maintenance described in clause (ii). ######
(v)An assessment of whether greater flexibilities in authorities are necessary to better support fleet maintenance needs and the Shipyard Infrastructure Optimization Program. ####
(3)Covered project defined In this subsection, the term “covered project” means a shipyard project under the Shipyard Infrastructure Optimization Program— #####
(A)with a contract awarded on or after October 1, 2024; and #####
(B)valued at $250,000,000 or more. ###
(c)Annual Report ####
(1)In general Not later than December 31, 2022, and not later than December 31 of each year thereafter, the Commander of the Naval Sea Systems Command, in coordination with the Program Manager Ships 555, shall submit to the congressional defense committees a report detailing the use by the Department of the Navy of funding for all efforts associated with the Shipyard Infrastructure Optimization Program, including the use of amounts made available by law to support the projects identified in the plan to implement such program, including any update to such plan under subsection (a). ####
(2)Elements Each report required by paragraph
(1)shall include updated cost and schedule estimates— #####
(A)for the plan to implement the Shipyard Optimization Program, including any update to such plan under subsection (a), and the incorporation of digital infrastructure (including hardware, software, and cloud storage) and platforms into such program; and #####
(B)for each dry dock, major facility, and infrastructure project valued at $250,000,000 or more under such program. ###
(d)Comptroller General Report ####
(1)Report #####
(A)In general Not later than May 1, 2023, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress of the Secretary of the Navy in implementing the Shipyard Infrastructure Optimization Program, including— ######
(i)the progress of the Secretary in completing the first annual report required under such program; and ######
(ii)the cost and schedule estimates for full implementation of such program. #####
(B)Elements The report required by subparagraph
(A)shall include the following: ######
(i)An assessment of the extent to which the cost estimate for the updated optimization plan for the Shipyard Infrastructure Optimization Program is consistent with leading practices for cost estimation. ######
(ii)An assessment of the extent to which the project schedule for such program is comprehensive, well-constructed, credible, and controlled. ######
(iii)An assessment of whether programmed and planned funds for a project under such program will be sufficient for the completion of the project. ######
(iv)Such other related matters as the Comptroller General considers appropriate. ####
(2)Initial briefing Not later than April 1, 2023, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the preliminary findings of the report under paragraph (1).
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Sec. 355
IMPROVED OVERSIGHT FOR IMPLEMENTATION OF SHIPYARD INFRASTRUCTURE OPTIMIZATION PROGRAM OF THE NAVY
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