Collapse to view only § 2772. Reports on financial balances for atomic energy defense activities
- § 2771. Repealed.
- § 2772. Reports on financial balances for atomic energy defense activities
- § 2773. Independent acquisition project reviews of capital assets acquisition projects
§ 2771. Repealed. Pub. L. 112–239, div. C, title XXXI, § 3131(u)(1), Jan. 2, 2013, 126 Stat. 2184
§ 2772. Reports on financial balances for atomic energy defense activities
(a) Reports required
(1) In general
(2) Presentation of information
In each report required by paragraph (1), the Secretary shall—
(A) present information on the financial balances for each atomic energy defense program at the budget control levels used in the report accompanying the most current Act appropriating funds for energy and water development; and
(B) present financial balances in connection with funding under recurring DOE national security authorizations (as defined in section 2741 of this title) separately from balances in connection with funding under any other provision of law.
(b) Elements
(1) Format
Each report required by subsection (a) shall—
(A) be divided into two parts, as specified in paragraphs (2) and (3); and
(B) set forth the information required by those paragraphs in summary form and by fiscal year.
(2) Part 1
The first part of the report required by subsection (a) shall set forth, for each atomic energy defense program, the following information, as of the end of the most recently completed fiscal year:
(A) The balance of any unobligated funds and an explanation for why those funds are unobligated.
(B) The total funds available to cost.
(C) The total balance of costed funds.
(D) The total balance of uncosted funds.
(E) The threshold for the balance of uncosted funds, stated in dollars.
(F) The amount of any balance of uncosted funds that is over or under that threshold and, in the case of a balance over that threshold, an explanation for why the balance is over that threshold.
(G) The total balance of encumbered, uncosted funds.
(H) The total balance of unencumbered, uncosted funds.
(I) The amount of any balance of unencumbered, uncosted funds that is over or under the threshold described in subparagraph (E) and, in the case of a balance over that threshold, an explanation for why the balance is over that threshold.
(3) Part 2
The second part of the report required by subsection (a) shall set forth, for each atomic energy defense program, the following information:
(A) The balance of any unobligated funds, as of the end of the first quarter of the current fiscal year.
(B) The total balance of uncosted funds, as of the end of the first quarter of the current fiscal year.
(C) Unalloted budget authority.
(c) Definitions
In this section:
(1) Costed
(2) Encumbered
(3) Uncosted
(4) Unencumbered
(5) Threshold
(6) Total funds available to cost
The term “total funds available to cost” means the sum of—
(A) total uncosted obligations from prior fiscal years;
(B) current fiscal year obligations; and
(C) current fiscal year deobligations.
(Pub. L. 107–314, div. D, title XLVII, § 4732, as added Pub. L. 112–239, div. C, title XXXI, § 3143(a), Jan. 2, 2013, 126 Stat. 2196; amended Pub. L. 116–283, div. C, title XXXI, § 3151(a), Jan. 1, 2021, 134 Stat. 4389; Pub. L. 117–81, div. C, title XXXI, § 3132, Dec. 27, 2021, 135 Stat. 2230.)
§ 2773. Independent acquisition project reviews of capital assets acquisition projects
(a) Reviews
(b) Pre-critical decision 1 reviewsIn addition to any other matters, with respect to each review of a capital assets acquisition project under subsection (a) that has not reached critical decision 1 approval in the acquisition process, such review shall include—
(1) a review using best practices of the analysis of alternatives for the project; and
(2) identification of any deficiencies in such analysis of alternatives for the appropriate head to address.
(c) Independent entities
(d) DefinitionsIn this section:
(1) The term “acquisition process” means the acquisition process for a project, as defined in Department of Energy Order 413.3B (relating to project management and project management for the acquisition of capital assets), or a successor order.
(2) The term “appropriate head” means—
(A) the Administrator, with respect to capital assets acquisition projects of the Administration; and
(B) the Assistant Secretary of Energy for Environmental Management, with respect to capital assets acquisition projects of the Office of Environmental Management.
(3) The term “capital assets acquisition project” means a project—
(A) the total project cost of which is more than $500,000,000; and
(B) that is covered by Department of Energy Order 413.3B, or a successor order, for the acquisition of capital assets for atomic energy defense activities.
(Pub. L. 107–314, div. D, title XLVII, § 4733, as added Pub. L. 114–328, div. C, title XXXI, § 3111(a), Dec. 23, 2016, 130 Stat. 2755; amended Pub. L. 116–92, div. C, title XXXI, § 3139(b)(8), Dec. 20, 2019, 133 Stat. 1963.)