US Code

Public Law 119-88 (05/04/2026)

50 U.S.C. § 2453

Future-years nuclear security program

(a)

Submission to Congress

section 1105(a) of title 31The Administrator shall submit to Congress each year, at or about the time that the President’s budget is submitted to Congress that year under , a future-years nuclear security program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years nuclear security program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.

(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)
1
1 See References in Text note below.
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 section 2522(a)  of this title.
(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)
section 1105(a) of title 31 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 for any fiscal year, as shown in the future-years nuclear security program submitted pursuant to subsection (a).
(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).

Pub. L. 106–65, div. C, title XXXII, § 3253113 Stat. 966 Pub. L. 106–398, § 1 [div. C, title XXXI, § 3154]114 Stat. 1654 Pub. L. 109–364, div. C, title XXXI, § 3111(b)120 Stat. 2503 Pub. L. 110–181, div. C, title XXXI, § 3123122 Stat. 580 Pub. L. 112–239, div. C, title XXXI, § 3132(a)(1)126 Stat. 2185 Pub. L. 113–66, div. C, title XXXI, § 3145(f)127 Stat. 1071 Pub. L. 115–91, div. C, title XXXI, § 3133(c)(2)131 Stat. 1896 (, , ; , , , 1654A–465; , , ; , , ; , (d)(2), , , 2187; , , ; , , .)

Editorial Notes

References in Text

Section 2522(a) of this titlesection 6113 of Title 10Pub. L. 119–60, div. C, title XXXI, § 3111(a)139 Stat. 1345 , referred to in subsec. (b)(2), was repealed and restated as , Armed Forces, , (b)(1), , , 1458.

Amendments

Pub. L. 115–912017—Subsec. (b)(5). struck out par. (5) which read as follows: “A plan, developed in consultation with the Director of the Office of Health, Safety, and Security of the Department of Energy, for the research and development, deployment, and lifecycle sustainment of the technologies employed within the nuclear security enterprise to address physical and cyber security threats during the applicable five-fiscal-year period, together with—

“(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.”

Pub. L. 113–66, § 3145(f)(1)2013—Subsec. (b). , substituted “five-fiscal-year” for “five-fiscal year” wherever appearing.

Pub. L. 112–239, § 3132(d)(2)section 2522(a) of this title42 U.S.C. 2121Subsec. (b)(3). , substituted “” for “section 3158 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( note)”.

Pub. L. 113–66, § 3145(f)(2)section 2534 of this titleSubsec. (b)(5), (6). , (3), redesignated par. (6) as (5), struck out “National Nuclear Security” before “Administration” in subpar. (B), and struck out former par. (5) which read as follows: “A statement of proposed budget authority, estimated expenditures, and proposed appropriations necessary to support the programs required to implement the plan to transform the nuclear security enterprise under , together with 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 those programs are implemented. The statement shall assume year-to-year funding profiles that account for increases only for projected inflation.”

Pub. L. 112–239, § 3132(a)(1), substituted “nuclear security enterprise” for “nuclear weapons complex” wherever appearing.

Pub. L. 110–1812008—Subsec. (b)(6). added par. (6).

Pub. L. 109–3642006—Subsec. (b)(5). added par. (5).

Pub. L. 106–398, § 1 [div. C, title XXXI, § 3154(a)]section 1105 of title 312000—Subsec. (b). , added pars. (1) to (3), redesignated former par. (2) as (4), and struck out former par. (1) which read as follows: “The estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Administration during the five-fiscal year period covered by the program, expressed in a level of detail comparable to that contained in the budget submitted by the President to Congress under .”

Pub. L. 106–398, § 1 [div. C, title XXXI, § 3154(b)(1), (2)]section 1105 of title 31Public Law 105–261112 Stat. 2257 42 U.S.C. 2121Subsec. (c). , redesignated subsec. (d) as (c) and struck out heading and text of former subsec. (c). Text read as follows: “The Administrator shall include in the materials the Administrator submits to Congress in support of the budget for any fiscal year that is submitted by the President pursuant to a description of how the funds identified for each program element in the weapons activities budget of the Administration for such fiscal year will help ensure that the nuclear weapons stockpile is safe and reliable as determined in accordance with the criteria established under section 3158 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (; ; note).”

Pub. L. 106–398, § 1 [div. C, title XXXI, § 3154(b)(2), (3)]Subsec. (d). , redesignated subsec. (e) as (d) and substituted “subsection (c)” for “subsection (d)”. Former subsec. (d) redesignated (c).

Pub. L. 106–398, § 1 [div. C, title XXXI, § 3154(b)(2)]Subsec. (e). , redesignated subsec. (e) as (d).

Statutory Notes and Related Subsidiaries

Effective Date

section 3299 of Pub. L. 106–65section 2401 of this titleSection effective , see , set out as a note under .

Integrated Schedule for Future-Years Nuclear Security Program

Pub. L. 118–31, div. C, title XXXI, § 3128137 Stat. 795

“(a)

In General .—

The Administrator for Nuclear Security shall—
“(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)

Inclusion in Future-years Nuclear Security Program .—

The milestone schedule document required under subsection (a) shall be included in the future-years nuclear security program for fiscal year 2025 and each subsequent fiscal year.
“(c)

Covered Construction Project .—

In this section, the term ‘covered construction project’ means—
“(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.”
, , , provided that:

Technical Base and Facilities Maintenance and Recapitalization Activities

Pub. L. 108–136, div. C, title XXXI, § 3114117 Stat. 1744 Pub. L. 108–375, div. C, title XXXI, § 3113(a)118 Stat. 2160 Pub. L. 109–364, div. C, title XXXI, § 3112120 Stat. 2503

“(a)

Inclusion of Projects in Facilities and Infrastructure Recapitalization Program .—

(1)
The Administrator for Nuclear Security shall complete the selection of projects for inclusion in the Facilities and Infrastructure Recapitalization Program of the National Nuclear Security Administration not later than .
“(2)
Except as provided in paragraph (3), no project may be included in the Facilities and Infrastructure Recapitalization Program after , 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 , 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 .
“(b)

Termination of Facilities and Infrastructure Recapitalization Program .—

The Administrator shall terminate the Facilities and Infrastructure Recapitalization Program not later than .
“(c)

Readiness in Technical Base and Facilities Program .—

(1)
Not later than , the Administrator shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives] a report setting forth guidelines on the conduct of the Readiness in Technical Base and Facilities program of the National Nuclear Security Administration.
“(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)

Operations of Facilities Program .—

(1)
The Administrator shall continue the Operations of Facilities program of the National Nuclear Security Administration as a subprogram within the Readiness in Technical Base and Facilities program.
“(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)
section 1105(a) of title 31 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 , United States Code), a separate statement of the amounts requested for such fiscal year for each element of the Operations of Facilities subprogram, as follows:
“(A)
Maintenance.
“(B)
Facilities management and support.
“(C)
Utilities.
“(D)
Environment, safety, and health.
“(E)
Each other element of the subprogram.”
, , , as amended by , , ; , , , provided that:

Pub. L. 108–375, div. C, title XXXI, § 3113(b)118 Stat. 2161

section 3114 of Pub. L. 108–136“The amendments made by subsection (a) [amending , set out above] may not be construed to authorize any delay in either of the following:

Pub. L. 108–136[“(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 [, set out above].

[“(2) The submittal of the report required by subsection (c) of such section.”

[, , , provided that: ]