10 U.S.C. § 222c: Armed forces: Out-Year…

Summary

Each year, when the federal budget for the next fiscal year is sent to Congress, the top officer of each military service (not the Coast Guard) must send a report to the congressional defense committees. The report must give the service’s out-year total munitions need and its out-year inventory numbers for that fiscal year. Those numbers must be broken down by munition variant and by several mission categories, including combat (listed by operation plans and specifically covering plans involving China, Russia, North Korea, and Iran), current operations/forward presence, strategic readiness, homeland defense, air and missile defense, training and testing, the total out-year requirement, worldwide inventory, protracted warfare (counting each plan at double its normal length), and the estimated aggregate demand from U.S. allies and partners. The service chief cannot delegate the duty to submit the report outside the service. Each report must explain the implementation guidance used, which comes from the Under Secretary of Defense for Acquisition and Sustainment. It must state the yearly production levels needed to meet the out-year munitions requirement by the end of the Future Years Defense Program and the funding needed each year to reach those production levels. The Secretary of Defense must put those production levels into the Defense Department’s planning and budget process. Estimates of allied demand must at least use letters of offer and acceptance under the Arms Export Control Act and may also use talks with partners and U.S. analyses. For the Marine Corps, “chief of staff” means the Commandant. The key munitions requirement term uses the definition in DoD Instruction 3000.04.

Title 10, §222c

Armed Forces, Source: USLM XML via OLRC

(a)Annual Reports.—

At the same time each year that the budget for the fiscal year beginning in such year is submitted to Congress pursuant to section 1105(a) of title 31, the chief of staff of each armed force (other than the Coast Guard) shall submit to the congressional defense committees a report setting forth for such armed force each of the following for such fiscal year, broken out as specified in subsection (c):

(1)The Out-Year Unconstrained Total Munitions Requirement.

(2)The Out-Year inventory numbers.

(b)Prohibition on Delegation of Submittal Responsibility.—

The responsibility of the chief of staff of an armed force in subsection (a) to submit a report may not be delegated outside the armed force concerned.

(c)Presentation.—

The Out-Year Unconstrained Total Munitions Requirement and Out-Year inventory numbers for an armed force for a fiscal year pursuant to subsection (a) shall include specific inventory objective requirements for each variant of munitions with respect to each of the following:

(1)Combat Requirement, broken out by operation plan (OPLAN) and including OPLANs for operations involving the People’s Republic of China, the Russian Federation, the Democratic People’s Republic of North Korea, and the Islamic Republic of Iran.

(2)Current Operation/Forward Presence Requirement.

(3)Strategic Readiness Requirement.

(4)Homeland Defense.

(5)Air and Missile Defense.

(6)Training and Testing Requirement.

(7)Total Out-Year Unconstrained Total Munitions Requirement, calculated in accordance with the implementation guidance described in subsection (d).

(8)Out-year worldwide inventory.

(9)Requirement for Protracted Warfare Scenarios, calculated by doubling the duration of each applicable operation plan.

(9)1 The estimated aggregate demand from United States allies and partners.

(d)Implementation Guidance Used.—

In submitting information pursuant to subsection (a) for a fiscal year, the chief of staff of each armed force shall describe and explain the munitions requirements process implementation guidance developed by the Under Secretary of Defense for Acquisition and Sustainment and used by such armed force for the munitions requirements process for such armed force for that fiscal year.

(e)Additional Requirements.—

Each report required under subsection (a) shall include the following:

(1)The production level for each fiscal year required to meet the Out-Year Unconstrained Total Munitions Requirement at the end of the future years defense program.

(2)The amount of funding that would be required, for each fiscal year, to meet the production level specified in paragraph (1) for that fiscal year.

(f)Inclusion in Planning, Programming, Budgeting, and Execution.—

The Secretary of Defense shall ensure that the production levels specified in paragraph (1) are incorporated into the planning, programming, budgeting, and execution process of the Department of Defense to align munitions procurement with the Out-Year Unconstrained Total Munitions Requirement.

(g)Methodology.—

The estimate specified in subsection (c)(9) —

(1)shall be based on, at a minimum, relevant information set forth in letters of offer and acceptance issued with respect to foreign military sales of munitions authorized under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.); and

(2)may be informed by—

(A)discussions held with allies and partners of the United States regarding future potential sales or transfers of munitions; and

(B)analyses of the United States Government regarding the variants of munitions that would most benefit the interests of the United States if sold or transferred to allies and partners of the United States.

(h)Definitions.—

In this section: (1)

(2)The term “Out-Year Unconstrained Total Munitions Requirement” has the meaning given that term in and for purposes of Department of Defense Instruction 3000.04, or any successor instruction.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subsection (c)(9), referred to in subsec. (g), probably means the subsec. (c)(9) of this section added by section 361(1)(B) of Pub. L. 119–60, relating to estimated aggregate demand from United States allies and partners. The Arms Export Control Act, referred to in subsec. (g)(1), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320. Chapter 2 of ths Act is classified generally to subchapter II (§ 2761 et seq.) of chapter 39 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see

Short Title

note set out under section 2751 of Title 22 and Tables.

Amendments

2025—Subsec. (c)(1). Pub. L. 119–60, § 361(1)(A), inserted “and including OPLANs for operations involving the People’s Republic of China, the Russian Federation, the Democratic People’s Republic of North Korea, and the Islamic Republic of Iran” after “(OPLAN)”. Subsec. (c)(5) to (8). Pub. L. 119–60, § 362, added par. (5) and redesignated former pars. (5) to (7) as (6) to (8), respectively. Subsec. (c)(9). Pub. L. 119–60, § 362(1), redesignated par. (8), relating to Protracted Warfare Scenarios, as (9). Pub. L. 119–60, § 361(1)(B), added par. (9) relating to estimated aggregate demand from United States allies and partners. Subsec. (e)(1). Pub. L. 119–60, § 361(2)(A), substituted “production level for each fiscal year” for “number of years” and “end of the future years defense program” for “rate requested for the fiscal year covered by the report”. Subsec. (e)(2). Pub. L. 119–60, § 361(2)(C), struck out “additional” before “amount” and substituted “production level specified in paragraph (1) for that fiscal year.” for “Out-Year Unconstrained Total Munitions Requirement for each munition by the end of the period covered by the most recent future-years defense program submitted to Congress pursuant to section 221 of this title.” Pub. L. 119–60, § 361(2)(B), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “The average rate of procurement during the three-year period preceding the date of the submission of the report, and the number of years required to meet the Out-Year Unconstrained Total Munitions Requirement at such three-year average rate.” Subsec. (e)(3). Pub. L. 119–60, § 361(2)(B), redesignated par. (3) as (2). Subsecs. (f) to (h). Pub. L. 119–60, § 361(3), (4), added subsecs. (f) and (g) and redesignated former subsec. (f) as (h). 2022—Subsec. (c)(8). Pub. L. 117–263, § 1701(c)(1), added par. (8). Subsecs. (e), (f). Pub. L. 117–263, § 1701(c)(2), (3), added subsec. (e) and redesignated former subsec. (e) as (f). 2019—Subsec. (a). Pub. L. 116–92, § 1006(1), substituted “subsection (c)” for “subsection (b)” in introductory provisions. Subsecs. (b) to (e). Pub. L. 116–92, § 1006(2)–(4), added subsec. (b), redesignated former subsec. (b) as (c) and in par. (6) substituted “subsection (d)” for “subsection (c)”, and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

§222c Armed Forces: Out-year Unconstrained Total Munitions Requirements; Out-year Inventory Numbers