SUBCHAPTER IV—BUDGET AND FINANCIAL MANAGEMENT
§2451. Separate treatment in budget
(a) President's budget
In each budget submitted by the President to Congress under
(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.
(
Editorial Notes
Amendments
2013—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Ten-Year Plan for Use and Funding of Certain Department of Energy Facilities
"(a)
"(1) The National Ignition Facility at the Lawrence Livermore National Laboratory, California.
"(2) The Los Alamos Neutron Science Center at the Los Alamos National Laboratory, New Mexico.
"(3) The Z Machine at the Sandia National Laboratories, New Mexico.
"(4) The Microsystems and Engineering Sciences Application Facility at the Sandia National Laboratories, New Mexico.
"(b)
"(c)
"(d)
"(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Science and Technology [now Committee on Science, Space, and Technology] of the House of Representatives; and
"(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate."
§2452. Planning, programming, and budgeting process
(a) Procedures required
The 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
(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 report
The Administrator shall submit to Congress each year, at or about the time that the President's budget is submitted to Congress under
(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.
(
Editorial Notes
Amendments
2000—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 1, 2000, see section 3299 of
Updated Financial Integration Policy
"(1) Updated responsibilities for offices of the National Nuclear Security Administration and requirements for management and operating contractors, including contractors at sites that are not sites of the Administration.
"(2) Guidance for how offices of the Administration should use common financial data, including guidance requiring that such data be used as the primary source of financial data by program offices, to the extent practicable.
"(3) Processes recommended by the Government Accountability Office to improve financial integration efforts of the Administration, including an internal process to verify how management and operating contractors crosswalk data from their systems to the appropriate work breakdown structure of the Administration and apply common cost element definitions.
"(4) Any other matters the Administrator considers appropriate."
First Report on Assessment of Prior Plans; GAO Report
§2453. Future-years nuclear security program
(a) Submission to Congress
The Administrator shall submit to Congress each year, at or about the time that the President's budget is submitted to Congress that year under
(b) Elements
Each 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
(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
(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
Nothing 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).
(
Editorial Notes
Amendments
2017—Subsec. (b)(5).
"(A) for each site in the nuclear security enterprise, a description of the technologies deployed to address the physical and cyber security threats posed to that site;
"(B) for each site and for the nuclear security enterprise, the methods used by the Administration to establish priorities among investments in physical and cyber security technologies; and
"(C) 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 carry out that plan."
2013—Subsec. (b).
Subsec. (b)(3).
Subsec. (b)(5), (6).
2008—Subsec. (b)(6).
2006—Subsec. (b)(5).
2000—Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 1, 2000, see section 3299 of
Integrated Schedule for Future-Years Nuclear Security Program
"(a)
"(1) develop and maintain a high-level milestone schedule document for all covered construction projects that includes production infrastructure modernization schedules with weapons modernization programs; and
"(2) for each covered construction project included in the high-level milestone schedule document under paragraph (1), include in such document an identification and explanation of the status of any associated integrated master schedule.
"(b)
"(c)
"(1) a construction project that is subject to Department of Energy Order 413.3B, or a successor order; or
"(2) a program designated as Enhanced Management A or B under the Program Execution Instruction of the Office of Defense Programs of the National Nuclear Security Administration."
Technical Base and Facilities Maintenance and Recapitalization Activities
"(a)
"(2) Except as provided in paragraph (3), no project may be included in the Facilities and Infrastructure Recapitalization Program after December 31, 2004, unless such project has been selected for inclusion in that program as of that date.
"(3)(A) Subject to the provisions of this paragraph, a project described in subparagraph (B) may be carried out under the Facilities and Infrastructure Recapitalization Program after December 31, 2004, if the Administrator approves the project. The Administrator may not delegate the authority to approve projects under the preceding sentence.
"(B) A project described in this subparagraph is a project that consists of a specific building, facility, or other improvement (including fences, roads, or similar improvements).
"(C) Funds may not be obligated or expended for a project under this paragraph until 60 days after the date on which the Administrator submits to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives] a notice on the project, including a description of the project and the nature of the project, a statement explaining why the project was not included in the Facilities and Infrastructure Recapitalization Program under paragraph (1), and a statement explaining why the project was not included in any other program under the jurisdiction of the Administrator.
"(D) The total number of projects that may be carried out under this paragraph in any fiscal year may not exceed five projects.
"(E) The Administrator may not utilize the authority in this paragraph until 60 days after the later of—
"(i) the date of the submittal to the congressional defense committees of a list of the projects selected for inclusion in the Facilities and Infrastructure Recapitalization Program under paragraph (1); or
"(ii) the date of the submittal to the congressional defense committees of the report required by subsection (c).
"(F) A project may not be carried out under this paragraph unless the project will be completed by September 30, 2013.
"(b)
"(c)
"(2) Such guidelines shall include the following:
"(A) Criteria for the inclusion of projects in the program, and for establishing priorities among projects included in the program.
"(B) Mechanisms for the management of facilities under the program, including maintenance activities referred to in subparagraph (C).
"(C) A description of the scope of maintenance activities under the program, including recurring maintenance, construction of facilities, recapitalization of facilities, and decontamination and decommissioning of facilities.
"(3) Such guidelines shall ensure that the maintenance activities referred to in paragraph (2)(C) are carried out in a timely and efficient manner designed to avoid maintenance backlogs.
"(d)
"(2) The Deputy Administrator for Defense Programs shall designate a single manager to be responsible for overseeing the operations of the Operations of Facilities subprogram within the Readiness in Technical Base and Facilities program.
"(3) For fiscal year 2005, and for each fiscal year thereafter, the Secretary of Energy shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives], together with the budget justification materials submitted to Congress in support of the National Nuclear Security Administration budget for that fiscal year (as submitted with the budget of the President under
"(A) Maintenance.
"(B) Facilities management and support.
"(C) Utilities.
"(D) Environment, safety, and health.
"(E) Each other element of the subprogram."
[
["(1) The selection of projects for inclusion in the Facilities and Infrastructure Recapitalization Program under subsection (a) of section 3114 of the National Defense Authorization Act for Fiscal Year 2004 [
["(2) The submittal of the report required by subsection (c) of such section."]
§2454. Semiannual financial reports on defense nuclear nonproliferation programs
(a) Semiannual reports required
The 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) 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.
(
Statutory Notes and Related Subsidiaries
First Report
§2455. Repealed. Pub. L. 116–92, div. C, title XXXI, §3132(a), Dec. 20, 2019, 133 Stat. 1958
Section,
§2455a. National Nuclear Security Administration authority for urgent nonproliferation activities
(a) In general
Subject 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) 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.
(
Editorial Notes
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2010, and not as part of the National Nuclear Security Administration Act which comprises this chapter.