Title 10Armed ForcesRelease 119-83

§6287 Matters Relating to Critical Decisions

Title 10 › Subtitle 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 Apr 18, 2026|Official source

Summary

After a plant project reaches critical decision 2 under Department of Energy Order 413.3B (or its replacement), the Administrator cannot change project requirements if the change would raise the cost by more than the smaller of $5,000,000 or 15 percent unless two things happen. The Administrator must personally send the congressional defense committees a certification and a cost‑benefit and risk analysis that shows effects on cost, schedule, and mission and operational risks, and then wait 15 days after sending it. The Administrator must also make sure critical decision packages are reviewed on time and are either approved or denied.

Full Legal Text

Title 10, §6287

Armed Forces — Source: USLM XML via OLRC

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

Legislative History

Notes & Related Subsidiaries

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).

Reference

Citations & Metadata

Citation

10 U.S.C. § 6287

Title 10Armed Forces

Last Updated

Apr 18, 2026

Release point: 119-83