Title 10, Armed ForcesRelease 119-110

§6312 Independent Acquisition Project Reviews of Capital Assets Acquisition Projects

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 III — OTHER MATTERS › § 6312

Last updated Sep 22, 2026|Official source

Summary

Require the appropriate head to make sure an independent reviewer checks each large capital assets project as it moves toward approval at critical decision 0, critical decision 1, and critical decision 2. For reviews done before critical decision 1, the reviewer must use best practices to examine the project's analysis of alternatives and point out any problems for the appropriate head to fix. Reviewers must be independent and have the right expertise for the project and its approval stage. Acquisition process means the project rules in Department of Energy Order 413.3B or a successor order. Appropriate head means the Administrator for the Administration’s projects and the Assistant Secretary of Energy for Environmental Management for that office’s projects. Capital assets acquisition project means a project that costs more than $500,000,000 and is covered by DOE Order 413.3B for atomic energy defense activities.

Full Legal Text

Title 10, §6312

Armed Forces, Source: USLM XML via OLRC

(a)Reviews.—
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)Pre-critical Decision 1 Reviews.—
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)Independent Entities.—
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)Definitions.—
In this section: (1)
(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.

Legislative History

Notes & Related Subsidiaries

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).

Reference

Citations & Metadata

Citation

10 U.S.C. § 6312

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110