10 U.S.C. § 6311
(a)
Reports Required.—
(1)
Concurrent with the submission of the
budget justification materials submitted to Congress in support of the
budget of the President for a fiscal year (submitted to Congress pursuant to
section 1105(a) of title 31), the Secretary of Energy shall submit to the
congressional defense committees a report on the financial balances for each atomic energy defense program.
(2)
In each report required by
paragraph (1), the Secretary
shall—
(A)
present information on the financial balances for each atomic energy defense program at the
budget control levels used in the report accompanying the most current Act appropriating
funds for energy and water development; and
(B)
present financial balances in connection with funding under recurring DOE national security authorizations (as defined in
section 6271) separately from balances in connection with funding under any other provision of law.
(b)
Elements.—
(1)
Each report required by
subsection (a) shall—
(A)
be divided into two parts, as specified in paragraphs
(2) and
(3); and
(B)
set forth the information required by those paragraphs in summary form and by fiscal year.
(2)
The first part of the report required by
subsection (a) shall set forth, for each atomic energy defense program, the following information, as of the end of the most recently completed fiscal year:
(A)
The balance of any unobligated
funds and an explanation for why those
funds are unobligated.
(3)
The second part of the report required by
subsection (a) shall set forth, for each atomic energy defense program, the following information:
(A)
The balance of any unobligated
funds, as of the end of the first quarter of the current fiscal year.
(B)
The total balance of
uncosted funds, as of the end of the first quarter of the current fiscal year.
(c)
Definitions.— In this section:
(1)
The term “costed”, with respect to
funds, means the
funds have been obligated to a contract and goods or services have been received from the
contractor in exchange for the
funds.
(2)
The term “encumbered”, with respect to
funds, means the
funds have been obligated to a contract and are being held for a specific known purpose by the
contractor.
(3)
The term “uncosted”, with respect to
funds, means the
funds have been obligated to a contract and goods or services have not been received from the
contractor in exchange for the
funds.
(4)
The term “unencumbered”, with respect to
funds, means the
funds have been obligated to a contract and are not being held for a specific known purpose by the
contractor.
(5)
The term “threshold” means a benchmark over which a balance carried over at the end of a fiscal year should be given greater scrutiny by Congress.
(6)
The term “total funds available to cost” means the sum of—
(A)
total
uncosted obligations from prior fiscal years;
(B)
current fiscal year obligations; and
(C)
current fiscal year deobligations.
Notes, amendments, and revision history
(Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1438, 1462.)
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 2772 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. (a). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: “In general” and “Presentation of information”, respectively.
Subsec. (b). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) to (3) headings which read as follows: “Format”, “Part 1”, and “Part 2”, respectively.
Subsec. (c). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) to (6) headings which corresponded to the defined term in each par.