1. (a) Annual report 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 a report on the unfunded priorities of the Administration.

2. (b) Elements

   1. (1) In general Each report required by subsection (a) shall specify, for each unfunded priority covered by the report, the following:

      1. (A) A summary description of that priority, including the objectives to be achieved if that priority is funded (whether in whole or in part).
      2. (B) The additional amount of funds recommended in connection with the objectives under subparagraph (A).
      3. (C) Account information with respect to that priority.
   2. (2) Prioritization of priorities Each report required by subsection (a) shall present the unfunded priorities covered by the report in order of urgency of priority.

3. (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. (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. (2) is necessary to fulfill a requirement associated with the mission of the Administration; and

   3. (3) would have been recommended for funding through the budget referred to in paragraph (1) by the Administrator—

      1. (A) if additional resources were available for the budget to fund the program, activity, or mission requirement; or
      2. (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.)