10 U.S.C. § 6125: Selected acquisition reports…

§6125 Selected Acquisition Reports and Independent Cost Estimates and Reviews of Certain Programs and Facilities

Title 10 › Subtitle A — General Military Law › PART VI — ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart B — Atomic Energy Defense › CHAPTER 602 — NUCLEAR WEAPONS STOCKPILE MATTERS › SUBCHAPTER I — STOCKPILE STEWARDSHIP AND WEAPONS PRODUCTION › § 6125

Last updated Sep 23, 2026|Official source

Summary

Send a yearly report at the end of the first quarter to the congressional defense committees about every nuclear weapon system that had a life extension or a major change project in the past fiscal year. The report must include the same kinds of quarterly acquisition details used for big defense programs, but written for each nuclear weapon system. Provide independent cost estimates and some cost reviews at key development milestones to the congressional defense committees and the Nuclear Weapons Council. Milestones include several numbered phases for life‑extension and new weapon systems (for example phases 6.2A, 6.3, 6.4 before 6.5, and phases 2A, 3, 4 before 5), major alteration projects, and new nuclear facilities estimated to cost more than $500,000,000 before critical decision 1 and before critical decision 2. Also do an independent cost review at phase 6.2 or phase 2 for feasibility. Each estimate or review must say if the cost baseline or the budget estimate for the future‑years nuclear security program changed, explain why, and include any views by the Secretary or Administrator. The Administrator must consider the results before starting the next phase. Send each estimate or review within 30 days after the milestone. Send them unclassified, but a classified annex is allowed. The Secretary of Defense may do an extra independent cost assessment at the Administrator’s request for any Administration program estimated to cost more than $500,000,000.

Title 10, §6125

Armed Forces, Source: USLM XML via OLRC

(a)Selected Acquisition Reports.—

(1)At the end of the first quarter of each fiscal year, the Secretary of Energy, acting through the Administrator, shall submit to the congressional defense committees a report on each nuclear weapon system undergoing life extension and each major alteration project (as defined in section 6284(a)(2)) during the preceding fiscal year. The reports shall be known as Selected Acquisition Reports for the weapon system concerned.

(2)The information contained in the Selected Acquisition Report for a fiscal year for a nuclear weapon system shall be the information contained in the Selected Acquisition Report for each fiscal-year quarter in that fiscal year for a major defense acquisition program under section 4351 or any successor system, expressed in terms of the nuclear weapon system.

(b)Independent Cost Estimates and Reviews.—

(1)The Secretary, acting through the Administrator, shall submit to the congressional defense committees and the Nuclear Weapons Council the following:

(A)An independent cost estimate of the following:

(i)Each nuclear weapon system undergoing life extension at the completion of phase 6.2A or new weapon system at the completion of phase 2A, relating to design definition and cost study.

(ii)Each nuclear weapon system undergoing life extension at the completion of phase 6.3 or new weapon system at the completion of phase 3, relating to development engineering.

(iii)Each nuclear weapon system undergoing life extension at the completion of phase 6.4, relating to production engineering, and before the initiation of phase 6.5, relating to first production.

(iv)Each new weapon system at the completion of phase 4, relating to production engineering, and before the initiation of phase 5, relating to first production.

(v)Each new nuclear facility within the nuclear security enterprise that is estimated to cost more than $500,000,000 before such facility achieves critical decision 1 and before such facility achieves critical decision 2 in the acquisition process.

(vi)Each nuclear weapons system undergoing a major alteration project (as defined in section 6284(a)(2)).

(B)An independent cost review of each nuclear weapon system undergoing life extension at the completion of phase 6.2 or new weapon system at the completion of phase 2, relating to study of feasibility and down-select.

(2)Each independent cost estimate and independent cost review under paragraph (1) shall include—

(A)whether the cost baseline or the budget estimate for the period covered by the future-years nuclear security program has changed, and the rationale for any such change; and

(B)any views of the Secretary or the Administrator regarding such estimate or review.

(3)The Administrator shall review and consider the results of any independent cost estimate or independent cost review of a nuclear weapon system or a nuclear facility, as the case may be, under this subsection before entering the next phase of the development process of such system or the acquisition process of such facility.

(4)Except as otherwise specified in paragraph (1), each independent cost estimate or independent cost review of a nuclear weapon system or a nuclear facility under this subsection shall be submitted not later than 30 days after the date on which—

(A)in the case of a nuclear weapons system, such system completes a phase specified in such paragraph; or

(B)in the case of a nuclear facility, such facility achieves critical decision 1 as specified in subparagraph (A)(v) of such paragraph.

(5)Each independent cost estimate or independent cost review submitted under this subsection shall be submitted in unclassified form, but may include a classified annex if necessary.

(c)Authority for Further Assessments.—

Upon the request of the Administrator, the Secretary of Defense, acting through the Director of Cost Assessment and Program Evaluation and in consultation with the Administrator, may conduct an independent cost assessment of any initiative or program of the Administration that is estimated to cost more than $500,000,000.

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2537 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.