§6125 — Title 10 Armed Forces | U.S. Code

§6125 Selected Acquisition Reports 11 So in Original. Probably Should Be “selected Acquisition Reports”. and Independent Cost Estimates and Reviews of Certain Programs and Facilities

Title 10 › Subtitle 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 Apr 18, 2026|Official source

Summary

The Secretary of Energy must send a Selected Acquisition Report at the end of the first quarter of each fiscal year to the congressional defense committees for every nuclear weapon system in a life-extension effort and for each major alteration project worked on in the prior fiscal year. Each report must include the same kinds of program details used for major defense acquisition programs, but shown for the nuclear weapon system. The Secretary, through the Administrator, must also give the congressional defense committees and the Nuclear Weapons Council independent cost estimates and some independent cost reviews at key development steps. These are required at the completion of phases 6.2A (or 2A for new systems), 6.3 (or 3), 6.4 before 6.5, and phase 4 before phase 5, for major alteration projects, and for any new nuclear facility estimated to cost more than $500,000,000 before critical decision 1 and before critical decision 2. Cost work must say if the cost baseline or budget estimate for the future-years program changed and why, and may include the Secretary’s or Administrator’s views. The Administrator must consider the results before moving to the next phase. Each estimate or review must be sent within 30 days after the listed milestone, be unclassified (with a classified annex if needed), and the Secretary of Defense may do an independent assessment at the Administrator’s request for efforts over $500,000,000.

Title 10, §6125

Armed Forces — Source: USLM XML via OLRC

(a)(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)(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)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.