50 U.S.C. § 2758 — Improvements to cost estimates informing analyses of alternatives

(a) Requirement for analyses of alternatives The Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order. (b) Use of project engineering and design funds In the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if— (1) the Administrator — (A) determines that such use of funds would improve the quality of the cost estimate for the project; and (B) notifies the congressional defense committees of that determination; and (2) a period of 15 days has elapsed after the date on which such committees receive the notification. ( Pub. L. 107–314, div. D, title XLVII, § 4718 , as added Pub. L. 117–81, div. C, title XXXI, § 3112(a) , Dec. 27, 2021 , 135 Stat. 2220 .)

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