10 USC 222a – Unfunded priorities of the armed forces and combatant commands: annual report
(a)
Terms Used In 10 USC 222a
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
(b)
(1) The Chief of Staff of the Army.
(2) The Chief of Naval Operations.
(3) The Chief of Staff of the Air Force.
(4) The Commandant of the Marine Corps.
(5) The Chief of Space Operations.
(6) The commanders of the combatant commands established under section 161 of this title.
(7) The Chief of the National Guard Bureau in the role assigned to that position in section 10502(c)(1) of this title.
(c)
(1)
(A) A summary description of such priority, including the objectives outlined in the national defense strategy required under section 113(g) of this title and the National Military Strategy required under section 139(b) of this title to be advanced 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.
(iii) Sub-activity group (SAG) for applicable operation and maintenance accounts.
(D) A detailed assessment of each specific risk that would be reduced in executing the national defense strategy required under section 113(g) of this title and the National Military Strategy required under section 139(b) of this title if such priority is funded (whether in whole or in part).
(2)
(A) In overall order of urgency of priority according to the amount of risk reduced.
(B) In overall order of urgency of priority among unfunded priorities (other than covered military construction projects).
(C) In overall order of urgency of priority among covered military construction projects.
(3)
(A)
(i) relate to equipping requirements in support of non-federalized National Guard responsibilities for the homeland defense or civil support missions; and
(ii) except as provided in subparagraph (B), were not included in a report under this section submitted by an officer specified in subsection (b)(1) or (3) for any of five fiscal years preceding the fiscal year for which the report is submitted, on behalf of National Guard forces to address a warfighting requirement.
(B)
(i) determines that the inclusion such unfunded priority reasonably supports the priorities of the Department under the national defense strategy under section 113(g) of this title; and
(ii) submits to the congressional defense committees written notice of such determination.
(d)
(e)
(1) The term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement, including a covered military construction project, that—
(A) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;
(B) is necessary to fulfill a requirement associated with an operational or contingency plan of a combatant command or other validated requirement; and
(C) would have been recommended for funding through the budget referred to in subparagraph (1) by the officer submitting the report required by subsection (a) in connection with the budget if—
(i) additional resources had been available for the budget to fund the program, activity, or mission requirement; or
(ii) the program, activity, or mission requirement has emerged since the budget was formulated.
(2) The term “covered military construction project”, in connection with a fiscal year, means a military construction project that—
(A) is included in any fiscal year of the future-years defense program under section 221 of this title that is submitted in connection with the budget of the President for the fiscal year, and is executable in the fiscal year; or
(B) is considered by the commander of a combatant command referred to in subsection (b)(5) to be an urgent need, and is executable in the fiscal year.