10 U.S.C. § 6287: Matters relating to critical…

§6287 Matters Relating to Critical Decisions

Title 10 › Subtitle A — General Military Law › PART VI — ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart B — Atomic Energy Defense › CHAPTER 607 — BUDGET AND FINANCIAL MANAGEMENT MATTERS › SUBCHAPTER I — RECURRING NATIONAL SECURITY AUTHORIZATION PROVISIONS › § 6287

Last updated Sep 22, 2026|Official source

Summary

When a plant project that was specially authorized by law and done under Department of Energy Order 413.3B reaches its "critical decision 2" point, the Administrator must not change the project in a way that raises its cost by more than the smaller amount between $5,000,000 and 15 percent. To make such a costly change, the Administrator must personally approve it, send Congress a certification plus a cost‑benefit and risk analysis showing effects on cost, schedule, and mission/operational risks, and wait 15 days after sending that information. The Administrator must also make sure critical decision packages are reviewed on time and are either approved or rejected.

Title 10, §6287

Armed Forces, Source: USLM XML via OLRC

(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)the Administrator submits to the congressional defense committees—

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

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

(i)the effects of such proposed change on the project cost and schedule; and

(ii)any mission risks and operational risks from making such change or not making such change; and

(2)a period of 15 days elapses following the date of such submission.

(b)Review and Approval.—

The Administrator shall ensure that critical decision packages are timely reviewed and either approved or disapproved.

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).

§6287 Matters Relating to Critical Decisions

Summary

Title 10, §6287

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata