10 U.S.C. § 222f: Unfunded priorities of the…

Summary

The Secretary of Defense must send a classified report to the congressional defense committees no later than 10 days after the President’s budget is sent to Congress. The Secretary must work with the Secretaries of the military departments first. The report covers unfunded priorities tied to work overseen by the Under Secretary of Defense for Research and Engineering. For each unfunded priority, the report must give a short description of the goal, the extra money needed, and account identifiers like a Line Item Number for buys or a Program Element number for research. The priorities must be listed by how urgent they are. The report must not repeat items already in reports under sections 222a or 222b or section 2806 of the National Defense Authorization Act for Fiscal Year 2018. The report is classified but can include an unclassified summary. An “unfunded priority” means a program, activity, or need not in the President’s budget that would have been recommended if more money had been available or that appeared after the budget was made; a military construction project must be at least 35 percent designed.

Title 10, §222f

Armed Forces, Source: USLM XML via OLRC

(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 of title 31, the Secretary of Defense, after coordinating with the Secretaries of the military departments, shall submit to the congressional defense committees a report on the unfunded priorities of the Department of Defense related to activities for which the Under Secretary of Defense for Research and Engineering has authority.

(b)Elements.—

(1)In general.—

Except as provided in subsection (c), each report submitted under subsection (a) shall specify, for each unfunded priority covered by such report, the following:

(A)A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).

(B)The additional amount of funds recommended in connection with the objectives under subparagraph (A).

(C)Account information with respect to such priority, including the following (as applicable):

(i)Line Item Number (LIN) for applicable procurement accounts.

(ii)Program Element (PE) number for applicable research, development, test, and evaluation accounts.

(2)Prioritization of priorities.—

The report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority.

(c)Exclusion of Priorities Covered in Other Reports.—

The report submitted under subsection (a) shall not include unfunded priorities or requirements covered in reports submitted under—

(1)section 222a or 222b of this title; or

(2)section 2806 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 222a note).

(d)Form of Report.—

Each report submitted under subsection (a) shall be submitted in classified form, but may include an unclassified summary as the Secretary considers appropriate.

(e)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 the fiscal year as submitted to Congress pursuant to section 1105 of title 31;

(2)would have been recommended for funding through that budget if—

(A)additional resources had been available for the budget to fund the program, activity, or mission requirement; or

(B)the program, activity, or mission requirement has emerged since the budget was formulated; and

(3)in the case of a military construction project, has reached 35 percent design.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 222b of this title, referred to in subsec. (c)(1), was repealed by Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199. For provisions similar to those in former section 222b of this title, see section 5513 of this title.

Amendments

2025—Pub. L. 119–60 renumbered section 222e of this title relating to annual report on unfunded priorities of the Under Secretary of Defense for Research and Engineering as this section. 2024—Subsec. (a). Pub. L. 118–159, § 212(1), substituted “the Secretary of Defense, after coordinating with the Secretaries of the military departments, shall” for “the Secretary of Defense shall”. Subsec. (e)(3). Pub. L. 118–159, § 212(2), added par. (3).

§222f Unfunded Priorities of the Under Secretary of Defense for Research and Engineering: Annual Report