§6312 — Title 10 Armed Forces | U.S. Code

§6312 Independent acquisition project reviews of capital assets acquisition projects

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART VI— - ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart Subpart B— - Atomic Energy Defense › Chapter CHAPTER 607— - BUDGET AND FINANCIAL MANAGEMENT MATTERS › Subchapter SUBCHAPTER III— - OTHER MATTERS › § 6312

Last updated Apr 6, 2026|Official source

Summary

An independent group must review each large capital project when it reaches critical decision 0, critical decision 1, and critical decision 2. Before critical decision 1, the review must use best practices to check the project's analysis of alternatives and report any shortcomings. Reviews must be done by outside experts with the right experience for the project's stage. "Acquisition process" = the rules in Department of Energy Order 413.3B or a successor order. "Appropriate head" = the Administrator for the Administration's projects and the Assistant Secretary of Energy for Environmental Management. "Capital assets acquisition project" = a project over $500,000,000 covered by Order 413.3B for atomic energy defense activities.

Title 10, §6312

Armed Forces — Source: USLM XML via OLRC

(a)The appropriate head shall ensure that an independent entity conducts reviews of each capital assets acquisition project as the project moves toward the approval of each of critical decision 0, critical decision 1, and critical decision 2 in the acquisition process.

(b)In 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)The appropriate head shall ensure that each review of a capital assets acquisition project under subsection (a) is conducted by an independent entity with the appropriate expertise with respect to the project and the stage in the acquisition process of the project.

(d)In 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.

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2773 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

§6312 Independent acquisition project reviews of capital assets acquisition projects

Summary

Title 10, §6312

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata