10 U.S.C. § 6288: Unfunded priorities of the…

§6288 Unfunded Priorities of the Administration

Title 10 › Subtitle A — General Military Law › PART VI — ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart B — Atomic Energy Defense › CHAPTER 607 — BUDGET AND FINANCIAL MANAGEMENT MATTERS › SUBCHAPTER I — RECURRING NATIONAL SECURITY AUTHORIZATION PROVISIONS › § 6288

Last updated Sep 22, 2026|Official source

Summary

Within 10 days after the President’s budget for a fiscal year is sent to Congress under section 1105(a) of title 31, the Administrator must send either a report on the Administration’s unfunded priorities or a personal certification saying there are none, and explain that decision. The report must go to the Secretary of Energy and the congressional defense committees, and the Administrator cannot delegate the certification. Each reported unfunded priority must have a short description of what it would achieve or what risk it would reduce, the extra amount of money requested, and the account information. The report must list the items in order by urgency. An “unfunded priority” is a program, activity, or mission need that is not funded in the President’s submitted budget, is needed for the Administration’s mission, and would have been recommended for funding if extra resources were available (or, for items that appeared after the budget was made, if they had appeared before the budget was made).

Title 10, §6288

Armed Forces, Source: USLM XML via OLRC

(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.

(b)Elements.—

(1)Each report under subsection (a)(1) shall specify, for each unfunded priority covered by the report, the following:

(A)A summary description of that priority, including the objectives to be achieved or the risk to be mitigated if that priority is funded (whether in whole or in part).

(B)The additional amount of funds recommended in connection with the objectives or risk mitigation under subparagraph (A).

(C)Account information with respect to that priority.

(2)Each report under subsection (a)(1) shall present the unfunded priorities covered by the report in order of urgency of priority.

(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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2756 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins. Subsec. (b). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: “In general” and “Prioritization of priorities”, respectively.