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10 U.S.C. § 222fUnfunded priorities of the Under Secretary of Defense for Research and Engineering: annual report

submitted 3 years ago by Pub. L. 118-31 to r/title-10-ARMED-FORCES · 409 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law requires the Secretary of Defense to report yearly on unfunded priorities related to research and engineering, filed in classified form with an optional unclassified summary. It excludes priorities already covered in other required reports, and sets out what details and ranking the report must include.

This section requires a yearly report on unfunded research and engineering priorities. (a) Annual Report. Within 10 days after the President's budget is submitted to Congress each year, the Secretary of Defense — after coordinating with the military department secretaries — must send the congressional defense committees a report. It covers unfunded Department of Defense priorities in areas overseen by the Under Secretary of Defense for Research and Engineering. (b) Elements. (1) Except as explained in subsection (c), each priority in the report must include: (A) a summary of the priority and what it would achieve if funded, even partly; (B) how much extra funding it needs; and (C) account details — line item numbers and program element numbers — where they apply. (2) The report must rank all these priorities by how urgent they are. (c) Exclusion of Priorities Covered in Other Reports. This report must leave out any unfunded priority or requirement already covered in: (1) the reports required under section 222a or 222b of this title; or (2) the report required under section 2806 of the National Defense Authorization Act for Fiscal Year 2018. (d) Form of Report. This report must be submitted in classified form, though the Secretary may include an unclassified summary if appropriate. (e) Unfunded Priority Defined. For this section, an "unfunded priority" for a given fiscal year is a program, activity, or mission need that: (1) is not funded in the President's budget for that year; (2) would have been recommended for funding if either (A) more resources had been available, or (B) the need arose after the budget was already put together; and (3), for a military construction project, has reached 35 percent design.
the actual law source: uscode.house.gov ↗public domain
(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 1 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.

Source credit: (Added Pub. L. 118–31, div. A, title II, § 211, Dec. 22, 2023, 137 Stat. 182, § 222e; amended Pub. L. 118–159, div. A, title II, § 212, Dec. 23, 2024, 138 Stat. 1824; renumbered § 222f, Pub. L. 119–60, div. A, title XVII, § 1701(a)(7), Dec. 18, 2025, 139 Stat. 1208.)

history & why it existsrecord from the source credit
  • 2023Enacted · Pub. L. 118-31 · 137 Stat. 182
  • 2024Amended · Pub. L. 118-159 · 138 Stat. 1824
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1208

A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-31 on 2023-12-22.

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