### §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

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.

(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.)

#### **Editorial Notes**

#### Amendments

2022—Subsec. (a)(2). Pub. L. 117–263 inserted "or any successor system," before "expressed in terms".

2021—Subsec. (a)(2). Pub. L. 117–81 substituted "section 4351" for "section 2432".

Subsec. (b)(1)(A)(i). Pub. L. 116–283, §3111(b)(1)(A)(i), substituted "phase 6.2A or new weapon system at the completion of phase 2A" for "phase 6.2A".

Subsec. (b)(1)(A)(ii). Pub. L. 116–283, §3111(b)(1)(A)(ii), substituted "phase 6.3 or new weapon system at the completion of phase 3" for "phase 6.3".

Subsec. (b)(1)(A)(iv) to (vi). Pub. L. 116–283, §3111(b)(1)(A)(iii), (iv), added cl. (iv) and redesignated former cls. (iv) and (v) as (v) and (vi), respectively.

Subsec. (b)(1)(B). Pub. L. 116–283, §3111(b)(1)(B), substituted "phase 6.2 or new weapon system at the completion of phase 2" for "phase 6.2".

Subsec. (b)(4)(B). Pub. L. 116–283, §3111(b)(2), substituted "subparagraph (A)(v)" for "subparagraph (A)(iv)".

2017—Subsec. (a)(1). Pub. L. 115–91, §3133(d)(1), substituted "the first quarter of each fiscal year" for "each fiscal-year quarter" and "and each major" for "or a major" and inserted "during the preceding fiscal year" after "2753(a)(2) of this title)".

Subsec. (a)(2). Pub. L. 115–91, §3133(d)(2), substituted "a fiscal year" for "a fiscal-year quarter" and "each fiscal-year quarter in that fiscal year" for "such fiscal-year quarter".

Subsec. (b). Pub. L. 115–91, §3113, amended subsec. (b) generally. Prior to amendment, subsec. (b) related to independent cost estimates and reviews, consisting of three pars.

2015—Pub. L. 114–92, §3113(b)(2)(A), substituted "certain programs and facilities" for "life extension programs and new nuclear facilities" in section catchline.

Subsec. (a)(1). Pub. L. 114–92, §3113(b)(1)(A), inserted "or a major alteration project (as defined in section 2753(a)(2) of this title)" after "life extension".

Subsec. (b)(1)(A)(iv). Pub. L. 114–92, §3113(b)(1)(B), added cl. (iv).

2014—Pub. L. 113–291, §3114(b)(1), substituted "estimates and reviews of" for "estimates on" in section catchline.

Subsec. (b). Pub. L. 113–291, §3114(b)(2)(A), inserted "and reviews" after "estimates" in heading.

Subsec. (b)(1). Pub. L. 113–291, §3114(a)(3), struck out "an independent cost estimate of" after "Nuclear Weapons Council" in introductory provisions.

Pub. L. 113–291, §3114(a)(1), (4), (5), inserted subpar. (A) designation and introductory provisions, redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (A), and added subpar. (B).

Subsec. (b)(1)(A)(iii). Pub. L. 113–291, §3114(a)(2), substituted "critical decision 1 and before such facility achieves critical decision 2" for "critical decision 2".

Subsec. (b)(2), (3). Pub. L. 113–291, §3114(b)(2)(B), inserted "or review" after "estimate".

2013—Subsec. (b)(1). Pub. L. 113–66, §3146(a)(2)(C), struck out "established under section 179 of title 10" after "Council" in introductory provisions.

Subsec. (b)(2). Pub. L. 113–66, §3112(b)(1), substituted "submitted under this subsection before October 1, 2015," for "for purposes of this subsection".

Subsec. (b)(3). Pub. L. 113–66, §3112(b)(2), added par. (3).