§6284 — Title 10 Armed Forces | U.S. Code

§6284 Notification of cost overruns for certain Department of Energy projects

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART VI— - ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart Subpart B— - Atomic Energy Defense › Chapter CHAPTER 607— - BUDGET AND FINANCIAL MANAGEMENT MATTERS › Subchapter SUBCHAPTER I— - RECURRING NATIONAL SECURITY AUTHORIZATION PROVISIONS › § 6284

Last updated Apr 6, 2026|Official source

Summary

The head of the National Nuclear Security Administration and the Secretary of Energy must create clear cost and schedule plans before certain projects reach key stages or hit size limits. For each life-extension or new nuclear warhead program they must set an overall plan and an estimated cost for each warhead before entering Phase 6.4 or Phase 4. Big weapon “major alteration” projects (costing more than $800,000,000) must get the same treatment before Phase 6.4. The Energy Secretary must do the same for DOE construction projects over $65,000,000 and for defense environmental cleanup projects over $65,000,000. Each plan must be sent to the congressional defense committees within 30 days of being made. If a project’s total cost is expected to go above 125% of its plan, the Administrator or Secretary must tell the congressional defense committees within 30 days. For life-extension, new weapon, or major alteration projects, they must also report if any single warhead’s cost will go above 150% of the per-warhead estimate. Within 90 days after that notice, they must say whether the project will stop or continue. If it continues, they must certify a revised plan and per-warhead estimates, include a review by the NNSA cost-estimating office, say the project is needed and has no workable alternative, show a management plan to control cost and schedule, and send a root-cause report explaining why costs grew (for example, bad estimates, risky technology, design or manufacturing problems, funding instability, or poor performance). Revised plans follow the same reporting and notification rules.

Title 10, §6284

Armed Forces — Source: USLM XML via OLRC

(a)(1)(A)The Administrator shall establish a cost and schedule baseline for each nuclear stockpile life extension or new nuclear weapon program project of the Administration prior to entry into Phase 6.4 or Phase 4, as appropriate. In addition to the requirement under subparagraph (B), the cost and schedule baseline of a nuclear stockpile life extension or new nuclear weapon program project established under this subparagraph shall be the cost and schedule as described in the first Selected Acquisition Report submitted under section 6125(a) for the project.

(B)The cost baseline developed under subparagraph (A) shall include, with respect to each stockpile life extension or new nuclear weapon program project, an estimated cost for each warhead in the project.

(C)Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Administrator shall submit the cost and schedule baseline to the congressional defense committees.

(2)(A)The Administrator shall establish a cost and schedule baseline for each major alteration project prior to entry into Phase 6.4.

(B)The cost baseline developed under subparagraph (A) shall include, with respect to each major alteration project, an estimated cost for each warhead in the project.

(D)In this paragraph, the term "major alteration project" means a nuclear weapon system alteration project of the Administration the cost of which exceeds $800,000,000.

(3)(A)The Secretary of Energy shall establish a cost and schedule baseline under the project management protocols of the Department of Energy for each construction project that is—

(i)in excess of $65,000,000; and

(ii)carried out by the Department using funds authorized to be appropriated for a fiscal year pursuant to a DOE national security authorization.

(B)Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Secretary shall submit the cost and schedule baseline to the congressional defense committees.

(4)(A)The Secretary shall establish a cost and schedule baseline under the project management protocols of the Department of Energy for each defense environmental cleanup project that is—

(i)in excess of $65,000,000; and

(ii)carried out by the Department pursuant to such protocols.

(B)Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Secretary shall submit the cost and schedule baseline to the congressional defense committees.

(b)The Administrator or the Secretary, as applicable, shall notify the congressional defense committees not later than 30 days after determining that—

(1)the total cost for a project referred to in paragraph (1), (2), (3), or (4) of subsection (a) will exceed an amount that is equal to 125 percent of the cost baseline established under subsection (a) for that project; and

(2)in the case of a stockpile life extension or new nuclear weapon program project referred to in subsection (a)(1) or a major alteration project referred to in subsection (a)(2), the cost for any warhead in the project will exceed an amount that is equal to 150 percent of the cost baseline established under subsection (a)(1)(B) or (a)(2)(B), as applicable, for each warhead in that project.

(c)Not later than 90 days after submitting a notification under subsection (b) with respect to a project, the Administrator or the Secretary, as applicable, shall—

(1)notify the congressional defense committees with respect to whether the project will be terminated or continued;

(2)if the project will be continued, certify to the congressional defense committees that—

(A)a revised cost and schedule baseline has been established for the project and, in the case of a stockpile life extension or new nuclear weapon program project referred to in subparagraph (A) or (B) of subsection (a)(1) or a major alteration project referred to in subsection (a)(2), a revised estimate of the cost for each warhead in the project has been made;

(B)a review of the revised baseline has been conducted by the Director of Cost Estimating and Program Evaluation of the National Nuclear Security Administration, consistent with section 3221(d)(1)(F) of the National Nuclear Security Administration Act (50 U.S.C. 2411(d)(1)(F)).

(C)the continuation of the project is necessary to the mission of the Department of Energy and there is no alternative to the project that would meet the requirements of that mission; and

(D)a management structure is in place adequate to manage and control the cost and schedule of the project; and

(3)submit to the congressional defense committees an assessment of the root cause or causes of the growth in the total cost of the project, including the contribution of any shortcomings in cost, schedule, or performance of the program, including the role, if any, of—

(A)unrealistic performance expectations;

(B)unrealistic baseline estimates for cost or schedule;

(C)immature technologies or excessive manufacturing or integration risk;

(D)unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance;

(E)changes in procurement quantities;

(F)inadequate program funding or funding instability;

(G)poor performance by personnel of the Federal Government or contractor personnel responsible for program management; or

(H)any other matters.

(d)A revised cost and schedule baseline established under subsection (c) shall—

(1)be submitted to the congressional defense committees with the certification submitted under subsection (c)(2) and the results of the review conducted by the Director of Cost Estimating and Program Evaluation under subsection (c)(2)(B); and

(2)be subject to the notification requirements of subsections (b) and (c) in the same manner and to the same extent as a cost and schedule baseline established under subsection (a).

Notes & Related Subsidiaries

Editorial Notes

Codification Amendment by section 3116 of Pub. L. 119–60 directed to section 4713 of Pub. L. 107–314 executed to this section pursuant to section 3111(d)(1)(G) of Pub. L. 119–60. See Further Technical

Amendments

note set under section 6114 of this title.

Prior Provisions

Provisions similar to those in this section were contained in section 2753 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins. Subsec. (a)(1). Pub. L. 119–60, § 3111(d)(2)(A), struck out headings for par. (1) “Establishment of Cost and Schedule Baselines” and subpars. (A) to (C) “In general”, “Per unit cost”, and “Notification to congressional defense committees”, respectively. Subsec. (a)(1)(A). Pub. L. 119–60, §§ 3111(d)(1)(G), 3116(1)(A), inserted “prior to entry into Phase 6.4 or Phase 4, as appropriate” after “Administration” in first sentence. See Codification note above. Subsec. (a)(2). Pub. L. 119–60, § 3111(d)(2)(A), struck out headings for par. (2) “Major alteration projects” and subpars. (A) to (D) “In general”, “Per unit cost”, “Notification to congressional defense committees”, and “Major alteration project defined”, respectively. Subsec. (a)(2)(A). Pub. L. 119–60, §§ 3111(d)(1)(G), 3116(1)(B), inserted “prior to entry into Phase 6.4” after “project”. See Codification note above. Subsec. (a)(3), (4). Pub. L. 119–60, § 3111(d)(2)(A), struck out subpars. (A) and (B) headings which read as follows: “In general” and “Notification to congressional defense committees”, respectively. Subsec. (c)(2)(B) to (D). Pub. L. 119–60, §§ 3111(d)(1)(G), 3116(2), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively. See Codification note above. Subsec. (d)(1). Pub. L. 119–60, §§ 3111(d)(1)(G), 3116(3), inserted “and the results of the review conducted by the Director of Cost Estimating and Program Evaluation under subsection (c)(2)(B)” after “subsection (c)(2)”. See Codification note above.

§6284 Notification of cost overruns for certain Department of Energy projects

Summary

Title 10, §6284

Notes & Related Subsidiaries

Editorial Notes

Amendments

Prior Provisions

Amendments

Citations & Metadata