1. (a) Post-critical Decision 2 Changes.— After the date on which a plant project specifically authorized by law and carried out under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, achieves critical decision 2, the Administrator may not change the requirements for such project if such change increases the cost of such project by more than the lesser of $5,000,000 or 15 percent, unless—

   1. (1) the Administrator submits to the congressional defense committees—

      1. (A) a certification that the Administrator, without delegation, authorizes such proposed change; and

      2. (B) a cost-benefit and risk analysis of such proposed change, including with respect to—

         1. (i) the effects of such proposed change on the project cost and schedule; and
         2. (ii) any mission risks and operational risks from making such change or not making such change; and
   2. (2) a period of 15 days elapses following the date of such submission.
2. (b) Review and Approval.— The Administrator shall ensure that critical decision packages are timely reviewed and either approved or disapproved.

(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1435.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2755 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).