Title 50War and National DefenseRelease 119-73not60

§2773 Independent Acquisition Project Reviews of Capital Assets Acquisition Projects

Title 50 › Chapter 42— ATOMIC ENERGY DEFENSE PROVISIONS › Subchapter VII— BUDGET AND FINANCIAL MANAGEMENT MATTERS › Part C— Other Matters › § 2773

Last updated Apr 5, 2026|Official source

Summary

The appropriate head must make sure an independent team reviews each big capital project as it nears approval at critical decision 0, critical decision 1, and critical decision 2. If a project has not yet reached critical decision 1, the review must use best practices to check the study that compares different project options and point out any problems for the appropriate head to fix. Reviewers must be independent and have the right experience for the project and its stage. acquisition process — the project process 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 for that office’s projects. capital assets acquisition project — 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 50, §2773

War and National Defense — 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2019—Subsec. (d)(3)(B). Pub. L. 116–92 substituted “413.3B” for “413.3”.

Reference

Citations & Metadata

Citation

50 U.S.C. § 2773

Title 50War and National Defense

Last Updated

Apr 5, 2026

Release point: 119-73not60