10 U.S. Code § 222e - Programs, projects, and activities that were internally changed in the submission of the President’s budget: annual report [and] Unfunded priorities of the Under Secretary of Defense for Research and Engineering: annual report

§ 222e.[1] Programs, projects, and activities that were internally changed in the submission of the President’s budget: annual report

(a) In General.—

The Secretary of Defense, acting through the Secretaries of the military departments and the officers of Department of Defense agencies and offices not under the control of a Secretary of a military department, shall submit to the congressional defense committees each year, not later than 30 days after the submission of the budget of the President for the fiscal year beginning in such year under section 1105(a) of title 31, a report that includes organized tabulations of programs, projects, and activities in research, development, test, and evaluation, procurement, and military construction the total obligational authority for which was changed in the current budget year proposal compared to the prior-year projection for the current year.

(b) Elements.—

The tabulations required under subsection (a) shall include, for each program, project, or activity that was internally changed, the following elements:

(1) Whether the program, project, or activity was added, eliminated, or reduced and in which fiscal year.

(2) The appropriations sub-account.

(3) The appropriate program element, line item number, or sub-activity group.

(4) The program, project, or activity name.

(5) The prior year enacted appropriation.

(6) The prior year projected current year budget.

(7) The current year budget request.

(8) If applicable, the amount reduced or saved by the current year elimination or reduction over the future years defense plan.

(9) A characterization of the change as a fact-of-life change, a prioritization change, a programmatic change, or a change due to congressional action.

(c) Form.—

The report required under subsection (a) shall be submitted in machine readable, electronic form.

(Added Pub. L. 118–31, div. A, title X, § 1002, Dec. 22, 2023, 137 Stat. 378.)

§ 222e.[1] Unfunded priorities of the Under Secretary of Defense for Research and Engineering: annual report

(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 [2] 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.

(Added Pub. L. 118–31, div. A, title II, § 211, Dec. 22, 2023, 137 Stat. 182; amended Pub. L. 118–159, div. A, title II, § 212, Dec. 23, 2024, 138 Stat. 1824.)

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[1]  Another section 222e is set out after this section. See Codification note below.

Editorial Notes

Codification

Pub. L. 118–31, div. A, title X, § 1002, Dec. 22, 2023, 137 Stat. 378, provided that this chapter was amended by inserting this section “after section 222d”. Another section 222e, which is set out after this section, had been added and inserted “after section 222d” by Pub. L. 118–31, div. A, title II, § 211, Dec. 22, 2023, 137 Stat. 182.

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[1]  Another section 222e is set out preceding this section. See Codification note below.

[2]  See References in Text note below.

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.

Codification

Pub. L. 118–31, div. A, title II, § 211, Dec. 22, 2023, 137 Stat. 182, provided that this chapter was amended by inserting this section “after section 222d”. Another section 222e, which is set out preceding this section, was subsequently added and inserted “after section 222d” by Pub. L. 118–31, div. A, title X, § 1002, Dec. 22, 2023, 137 Stat. 378.

Amendments

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).