---
kind: "section"
citation: "10 U.S.C. § 6312"
title: "10"
title_heading: "Armed Forces"
number: "6312"
heading: "Independent acquisition project reviews of capital assets acquisition projects"
release: "119-102"
url: "https://uscodex.org/usc/10/6312"
units:
  - "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. Independent acquisition project reviews of capital assets acquisition projects

- (a) **Reviews.—** The [appropriate head](#d-2) shall ensure that an independent entity conducts reviews of each [capital assets acquisition project](#d-3) as the project moves toward the approval of each of critical decision 0, critical decision 1, and critical decision 2 in the [acquisition process](#d-1).
- (b) **Pre-critical Decision 1 Reviews.—** In addition to any other matters, with respect to each review of a [capital assets acquisition project](#d-3) under [subsection (a)](#a) that has not reached critical decision 1 approval in the [acquisition process](#d-1), 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](#d-2) to address.
- (c) **Independent Entities.—** The [appropriate head](#d-2) shall ensure that each review of a [capital assets acquisition project](#d-3) under [subsection (a)](#a) is conducted by an independent entity with the appropriate expertise with respect to the project and the stage in the [acquisition process](#d-1) of the project.
- (d) **Definitions.—** In this section:
  - (1) The term “acquisition process” means the acquisition process for a project, as defined in [Department](/usc/10/101.md?p=a-6) 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](/usc/10/6101.md?p=2), with respect to [capital assets acquisition projects](#d-3) of the [Administration](/usc/10/6101.md?p=1); and
    - (B) the Assistant Secretary of Energy for Environmental Management, with respect to [capital assets acquisition projects](#d-3) 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](/usc/10/101.md?p=a-6) 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.)

## Notes

### 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).