- § 2451. Separate treatment in budget
- § 2452. Planning, programming, and budgeting process
- § 2453. Future-years nuclear security program
- § 2454. Semiannual financial reports on defense nuclear nonproliferation programs
- § 2455. Repealed.
- § 2455a. National Nuclear Security Administration authority for urgent nonproliferation activities
§ 2451. Separate treatment in budget
(a) President’s budget
(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.
(Pub. L. 106–65, div. C, title XXXII, § 3251, Oct. 5, 1999, 113 Stat. 966; Pub. L. 112–239, div. C, title XXXI, § 3112, Jan. 2, 2013, 126 Stat. 2169; Pub. L. 113–66, div. C, title XXXI, § 3145(e), Dec. 26, 2013, 127 Stat. 1071.)
§ 2452. Planning, programming, and budgeting process
(a) Procedures required
(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.
(Pub. L. 106–65, div. C, title XXXII, § 3252, Oct. 5, 1999, 113 Stat. 966; Pub. L. 106–398, § 1 [div. C, title XXXI, § 3158(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–469.)
§ 2453. Future-years nuclear security program
(a) Submission to Congress
(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) 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)
(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 contingencies
(Pub. L. 106–65, div. C, title XXXII, § 3253, Oct. 5, 1999, 113 Stat. 966; Pub. L. 106–398, § 1 [div. C, title XXXI, § 3154], Oct. 30, 2000, 114 Stat. 1654, 1654A–465; Pub. L. 109–364, div. C, title XXXI, § 3111(b), Oct. 17, 2006, 120 Stat. 2503; Pub. L. 110–181, div. C, title XXXI, § 3123, Jan. 28, 2008, 122 Stat. 580; Pub. L. 112–239, div. C, title XXXI, § 3132(a)(1), (d)(2), Jan. 2, 2013, 126 Stat. 2185, 2187; Pub. L. 113–66, div. C, title XXXI, § 3145(f), Dec. 26, 2013, 127 Stat. 1071; Pub. L. 115–91, div. C, title XXXI, § 3133(c)(2), Dec. 12, 2017, 131 Stat. 1896.)
§ 2454. Semiannual financial reports on defense nuclear nonproliferation programs
(a) Semiannual reports required
(b) Contents
Each 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.
(Pub. L. 106–65, div. C, title XXXII, § 3254, as added Pub. L. 108–136, div. C, title XXXI, § 3121(a), Nov. 24, 2003, 117 Stat. 1746.)
§ 2455. Repealed. Pub. L. 116–92, div. C, title XXXI, § 3132(a), Dec. 20, 2019, 133 Stat. 1958
§ 2455a. National Nuclear Security Administration authority for urgent nonproliferation activities
(a) In general
(b) Determination and notice
(1) Determination
The 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 required
Not 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 committees
In 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.
(Pub. L. 111–84, div. C, title XXXI, § 3120, Oct. 28, 2009, 123 Stat. 2710.)