# § 6288. Unfunded priorities of the Administration
**(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.
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**Source Credit**: (Added and amended Pub. L. 119–60, div. C, title XXXI, §§ 3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1435, 1462.)
## Editorial Notes
### Prior Provisions
Provisions similar to those in this section were contained in , War and National Defense, prior to repeal by .
### Amendments
2025—, realigned margins.
Subsec. (b). , struck out pars. (1) and (2) headings which read as follows: “” and “”, respectively.