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10 U.S.C. § 222cArmed forces: Out-Year Unconstrained Total Munitions Requirements; Out-Year inventory numbers

submitted 8 years ago by Pub. L. 115-232 to r/title-10-ARMED-FORCES · 622 words · no verdicts yet

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This law requires each armed force's chief of staff to report yearly munitions requirement and inventory numbers to Congress, broken down by category like combat needs, homeland defense, and training. It also requires an explanation of the guidance used, extra production and funding details, and an estimate of allied demand for munitions.

This section requires each military branch to report its munitions needs and stockpiles every year. (a) Annual Reports. Each year, at the same time the President's budget goes to Congress, the chief of staff of every armed force (except the Coast Guard) must send the congressional defense committees a report. The report must give, for that fiscal year: (1) the "Out-Year Unconstrained Total Munitions Requirement," and (2) the "Out-Year inventory numbers." Both must be broken down as described in subsection (c). (b) Prohibition on Delegation. The chief of staff cannot hand off the job of submitting this report to someone outside that armed force. (c) Presentation. The munitions requirement and inventory numbers must include specific goals for each munition type, broken down by: (1) Combat needs, sorted by operation plan, including plans involving China, Russia, North Korea, and Iran. (2) Current operations and forward presence needs. (3) Strategic readiness needs. (4) Homeland defense. (5) Air and missile defense. (6) Training and testing needs. (7) The total combined requirement, calculated using the guidance described in subsection (d). (8) Worldwide inventory for that year. (9) An estimate for a "protracted warfare" scenario, made by doubling the length of each relevant operation plan. (9) [numbered again in the original law] The estimated total demand from U.S. allies and partners. (d) Implementation Guidance Used. When submitting this information, each chief of staff must explain the specific guidance — created by the Under Secretary of Defense for Acquisition and Sustainment — that their branch used to calculate munitions requirements that year. (e) Additional Requirements. Each report must also include: (1) the yearly production level needed to meet the total requirement by the end of the future years defense program, and (2) how much funding each of those years would need to reach that production level. (f) Inclusion in Planning, Programming, Budgeting, and Execution. The Secretary of Defense must make sure these production levels get built into the Department's planning and budgeting process, so munitions purchases line up with the requirement. (g) Methodology. The estimate of allied and partner demand must be based, at minimum, on relevant information from foreign military sales paperwork issued under the Arms Export Control Act. It may also be informed by (A) talks with allies and partners about future sales or transfers, and (B) U.S. government analysis of which munitions would most benefit U.S. interests if sold or transferred. (h) Definitions. (1) "Chief of staff," for the Marine Corps, means the Commandant of the Marine Corps. (2) "Out-Year Unconstrained Total Munitions Requirement" has the meaning given in Department of Defense Instruction 3000.04, or whatever instruction replaces it.
the actual law source: uscode.house.gov ↗public domain
(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)

1 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) 2 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) 3—

(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)

The term “chief of staff”, with respect to the Marine Corps, means the Commandant of the Marine Corps.

(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.

Source credit: (Added Pub. L. 115–232, div. A, title X, § 1061(a), Aug. 13, 2018, 132 Stat. 1969; amended Pub. L. 116–92, div. A, title X, § 1006, Dec. 20, 2019, 133 Stat. 1574; Pub. L. 117–263, div. A, title XVII, § 1701(c), Dec. 23, 2022, 136 Stat. 2964; Pub. L. 119–60, div. A, title III, §§ 361, 362, Dec. 18, 2025, 139 Stat. 833, 834.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-232 · 132 Stat. 1969
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1574
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2964
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 833, 834

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-232 on 2018-08-13.

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