§ 2756.
(a)
Annual report or certification
Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to
section 1105(a) of title 31, the Administrator shall submit to the Secretary of Energy and the congressional defense committees either—
(1)
a report on the unfunded priorities of the Administration; or
(2)
if the Administrator determines that there are no unfunded priorities to include in such a report, a certification and explanation by the Administrator, without delegation, of the determination.
(c)
Unfunded priority defined
In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement that—
(1)
is not funded in the budget of the President for that fiscal year as submitted to Congress pursuant to
section 1105(a) of title 31;
(2)
is necessary to address a requirement associated with the mission of the Administration; and
(3)
would have been recommended for funding through the budget referred to in paragraph (1) by the Administrator—
(A)
if additional resources were available for the budget to fund the program, activity, or mission requirement; or
(B)
in the case of a program, activity, or mission requirement that emerged after the budget was formulated, if the program, activity, or mission requirement had emerged before the budget was formulated.
([Pub. L. 107–314, div. D, title XLVII, § 4716], as added [Pub. L. 115–91, div. C, title XXXI, § 3132(a)], Dec. 12, 2017, [131 Stat. 1895]; amended [Pub. L. 115–232, div. C, title XXXI, § 3124], Aug. 13, 2018, [132 Stat. 2297]; [Pub. L. 116–92, div. C, title XXXI], §§ 3115, 3139(b)(7)(A), Dec. 20, 2019, [133 Stat. 1951], 1963; [Pub. L. 118–31, div. C, title XXXI, § 3121], Dec. 22, 2023, [137 Stat. 792].)