50 USC 2537 - Selected Acquisition Reports and independent cost estimates and reviews of certain programs and facilities

U.S Code last checked for updates: Nov 22, 2024

§ 2537.

Selected Acquisition Reports and independent cost estimates and reviews of certain programs and facilities

(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 2753(a)(2) of this title) 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 of title 10 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 2753(a)(2) of this title).

(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

(Pub. L. 107–314, div. D, title XLII, § 4217, as added Pub. L. 112–239, div. C, title XXXI, § 3162(a), Jan. 2, 2013, 126 Stat. 2204; amended Pub. L. 113–66, div. C, title XXXI, §§ 3112(b), 3146(a)(2)(C), Dec. 26, 2013, 127 Stat. 1053, 1072; Pub. L. 113–291, div. C, title XXXI, § 3114(a), (b), Dec. 19, 2014, 128 Stat. 3887, 3888; Pub. L. 114–92, div. C, title XXXI, § 3113(b)(1), (2)(A), Nov. 25, 2015, 129 Stat. 1192; Pub. L. 115–91, div. C, title XXXI, §§ 3113, 3133(d), Dec. 12, 2017, 131 Stat. 1884, 1896; Pub. L. 116–283, div. C, title XXXI, § 3111(b), Jan. 1, 2021, 134 Stat. 4377; Pub. L. 117–81, div. A, title XVII, § 1702(k)(3)(A), Dec. 27, 2021, 135 Stat. 2160; Pub. L. 117–263, div. A, title VIII, § 809(c)(1), Dec. 23, 2022, 136 Stat. 2706.)

cite as: 50 USC 2537