USC Subchapter IV

in effect

50 U.S.C. § 2451 Separate treatment in budget

(a) President’s budgetIn each budget submitted by the President to Congress under section 1105 of title 31, amounts requested for the Administration shall be set forth separately within the other amounts requested for the Department of Energy. (b) Budget justification materials(1) In the budget justification materials submitted to Congress in support of each such budget, the amounts requested for the Administration shall be specified in individual, dedicated program elements. (2) In the budget justification materials submitted to Congress in support of each such budget, the Administrator shall include an assessment of how the budget maintains the core nuclear weapons skills of the Administration, including nuclear weapons design, engineering, production, testing, and prediction of stockpile aging.

50 U.S.C. § 2452 Planning, programming, and budgeting process

(a) Procedures requiredThe Administrator shall establish procedures to ensure that the planning, programming, budgeting, and financial activities of the Administration comport with sound financial and fiscal management principles. Those procedures shall, at a minimum, provide for the planning, programming, and budgeting of activities of the Administration using funds that are available for obligation for a limited number of years. (b) Annual plan for obligation of funds(1) Each year, the Administrator shall prepare a plan for the obligation of the amounts that, in the President’s budget submitted to Congress that year under section 1105(a) of title 31, are proposed to be appropriated for the Administration for the fiscal year that begins in that year (in this section referred to as the “budget year”) and the two succeeding fiscal years. (2) For each program element and construction line item of the Administration, the plan shall provide the goal of the Administration for the obligation of those amounts for that element or item for each fiscal year of the plan, expressed as a percentage of the total amount proposed to be appropriated in that budget for that element or item. (c) Submission of plan and reportThe Administrator shall submit to Congress each year, at or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, each of the following:(1) The plan required by subsection (b) prepared with respect to that budget. (2) A report on the plans prepared with respect to the preceding years’ budgets, which shall include, for each goal provided in those plans—(A) the assessment of the Administrator as to whether or not that goal was met; and (B) if that assessment is that the goal was not met—(i) the reasons why that goal was not met; and (ii) the plan of the Administrator for meeting or, if necessary, adjusting that goal.

50 U.S.C. § 2453 Future-years nuclear security program

(a) Submission to CongressThe Administrator shall submit to Congress each year, at or about the time that the President’s budget is submitted to Congress that year under section 1105(a) of title 31, a future-years nuclear security program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years nuclear security program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years. (b) ElementsEach future-years nuclear security program shall contain the following:(1) A detailed description of the program elements (and the projects, activities, and construction projects associated with each such program element) during the applicable five-fiscal-year period for at least each of the following:(A) For defense programs—(i) directed stockpile work; (ii) campaigns; (iii) readiness in technical base and facilities; and (iv) secure transportation asset. (B) For defense nuclear nonproliferation—(i) nonproliferation and verification, research, and development; (ii) arms control; and (iii) fissile materials disposition. (C) For naval reactors, naval reactors operations and maintenance. (2) A statement of proposed budget authority, estimated expenditures, and proposed appropriations necessary to support each program element specified pursuant to paragraph (1). (3) A detailed description of how the funds identified for each program element specified pursuant to paragraph (1) in the budget for the Administration for each fiscal year during that five-fiscal-year period will help ensure that the nuclear weapons stockpile is safe and reliable, as determined in accordance with the criteria established under section 2522(a) 11 See References in Text note below. of this title. (4) A description of the anticipated workload requirements for each Administration site during that five-fiscal-year period. (c) Consistency in budgeting(1) The Administrator shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year. (2) Amounts referred to in paragraph (1) are the following:(A) The amounts specified in program and budget information submitted to Congress by the Administrator in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105(a) of title 31 for any fiscal year, as shown in the future-years nuclear security program submitted pursuant to subsection (a). (B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Administration included pursuant to paragraph (5) of section 1105(a) of such title in the budget submitted to Congress under that section for any fiscal year. (d) Treatment of management contingenciesNothing in this section shall be construed to prohibit the inclusion in the future-years nuclear security program of amounts for management contingencies, subject to the requirements of subsection (c).

50 U.S.C. § 2454 Semiannual financial reports on defense nuclear nonproliferation programs

(a) Semiannual reports requiredThe Administrator shall submit to the Committees on Armed Services of the Senate and the House of Representatives a semiannual report on the amounts available for the defense nuclear nonproliferation programs of the Administration. Each such report shall cover a half of a fiscal year (in this section referred to as a “fiscal half”) and shall be submitted not later than 30 days after the end of that fiscal half. (b) ContentsEach report for a fiscal half shall, for each such defense nuclear nonproliferation program for which amounts are available for the fiscal year that includes that fiscal half, set forth the following:(1) The aggregate amount available for such program as of the beginning of such fiscal half and, within such amount, the uncommitted balances, the unobligated balances, and the unexpended balances. (2) The aggregate amount newly made available for such program during such fiscal half and, within such amount, the amount made available by appropriations, by transfers, by reprogrammings, and by other means. (3) The aggregate amount available for such program as of the end of such fiscal half and, within such amount, the uncommitted balances, the unobligated balances, and the unexpended balances.

50 U.S.C. § 2455a National Nuclear Security Administration authority for urgent nonproliferation activities

(a) In generalSubject to the notification requirement under subsection (b), not more than 10 percent of the total amounts appropriated or otherwise made available in any fiscal year for the nonproliferation programs of the Department of Energy National Nuclear Security Administration may be expended, notwithstanding any other law, for activities described under subsection (b)(1)(B). (b) Determination and notice(1) DeterminationThe Secretary of Energy, with the concurrence of the Secretary of State and the Secretary of Defense, may make a written determination that—(A) threats arising from the proliferation of nuclear or radiological weapons or weapons-related materials, technologies, and expertise must be addressed urgently; (B) certain provisions of law would unnecessarily impede the Secretary’s ability to carry out nonproliferation activities of the National Nuclear Security Administration to address such threats; and (C) it is necessary to expend amounts described in subsection (a) to carry out such activities. (2) Notice requiredNot later than 15 days before obligating or expending funds under the authority provided in subsection (a), the Secretary of Energy shall notify the appropriate congressional committees of the determination made under paragraph (1). The notice shall include—(A) the determination; (B) the activities to be undertaken by the nonproliferation programs of the National Nuclear Security Administration; (C) the expected time frame for such activities; and (D) the expected costs of such activities. (c) Appropriate congressional committeesIn this section, the term “appropriate congressional committees” means—(1) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.