10 U.S.C. § 6312 — Independent acquisition project reviews of capital assets acquisition projects
submitted 1 year ago by Pub. L. 119-60 to r/title-10-ARMED-FORCES · 295 words · no verdicts yet
The appropriate head must ensure that an independent expert reviews each covered capital-assets acquisition project as it approaches critical decisions 0, 1, and 2. Reviews before critical decision 1 must examine the alternatives analysis and identify deficiencies.
(a) Reviews. The appropriate head must have an independent entity review each capital-assets acquisition project as it moves toward approval at critical decision 0, critical decision 1, and critical decision 2.
(b) Reviews before critical decision 1. Each review under subsection (a) of a project that has not yet received critical decision 1 approval must also (1) review the project’s alternatives analysis using best practices, and (2) identify deficiencies in that analysis for the appropriate head to address.
(c) Independent entities. The appropriate head must ensure that the reviewer is independent and has suitable expertise for the project and its stage in the acquisition process.
(d) Definitions. (1) “Acquisition process” means the process defined for a project in Department of Energy Order 413.3B, or a successor order. (2) “Appropriate head” means the Administrator* for Administration* projects and the Assistant Secretary of Energy for Environmental Management for Office of Environmental Management projects. (3) “Capital assets acquisition project” means a project costing more than $500,000,000 and covered by Order 413.3B, or a successor order, for acquiring capital assets for atomic-energy-defense activities.
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.
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—
a review using best practices of the analysis of alternatives for the project; and
identification of any deficiencies in such analysis of alternatives for the appropriate head to address.
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.
In this section:
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.
The term “appropriate head” means—
the Administrator*, with respect to capital assets acquisition projects of the Administration*; and
the Assistant Secretary of Energy for Environmental Management, with respect to capital assets acquisition projects of the Office of Environmental Management.
The term “capital assets acquisition project” means a project—
the total project cost of which is more than $500,000,000; and
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.
Source credit: (Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1439.)
- 2025Enacted · Pub. L. 119-60 · 139 Stat. 1439
A history note hasn’t been published yet. The record shows enactment by Pub. L. 119-60 on 2025-12-18.
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