1. U.S. Code
  2. title 10
  3. subtitle A
  4. part I
  5. chapter 9
  6. § 234

Collapse to view only § 234. POW/MIA activities: display of budget information

§ 221. Future-years defense program: submission to Congress; consistency in budgeting
(a) The Secretary of Defense shall submit to Congress each year, not later than five days after the date on which the President’s budget is submitted to Congress that year under section 1105(a) of title 31, a future-years defense program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years defense program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.
(b)
(1) The Secretary of Defense shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105(a) of title 31 for any fiscal year, as shown in the future-years defense program submitted pursuant to subsection (a).
(B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included pursuant to paragraph (5) of section 1105(a) of title 31 in the budget submitted to Congress under that section for any fiscal year.
(c) Nothing in this section shall be construed to prohibit the inclusion in the future-years defense program of amounts for management contingencies, subject to the requirements of subsection (b).
(d)
(1) The Secretary of Defense shall make available to Congress, the Congressional Budget Office, the Comptroller General of the United States, and the Congressional Research Service each future-years defense program under this section as follows:
(A) By making such program available electronically in the form of an unclassified electronic database.
(B) By delivering printed copies of such program to the congressional defense committees.
(2) In the event inclusion of classified material in a future-years defense program would otherwise render the totality of the program classified for purposes of this subsection—
(A) such program shall be made available to Congress in unclassified form, with such material attached as a classified annex; and
(B) such annex shall be submitted to the congressional defense committees, the Congressional Budget Office, the Comptroller General of the United States, and the Congressional Research Service.
(e) Each future-years defense program under this subsection shall be accompanied by a certification by the Under Secretary of Defense (Comptroller), in the case of the Department of Defense, and the comptroller of each military department, in the case of such military department, that any information entered into the Standard Data Collection System of the Department of Defense, the Comptroller Information System, or any other data system, as applicable, for purposes of assembling such future-years defense program was accurate.
(Added Pub. L. 101–189, div. A, title XVI, § 1602(a)(1), Nov. 29, 1989, 103 Stat. 1596, § 114a; amended Pub. L. 101–510, div. A, title XIV, § 1402(a)(1)–(3)(A), Nov. 5, 1990, 104 Stat. 1674; renumbered § 221 and amended Pub. L. 102–484, div. A, title X, § 1002(c), Oct. 23, 1992, 106 Stat. 2480; Pub. L. 115–91, div. A, title X, § 1042(a)–(c), Dec. 12, 2017, 131 Stat. 1553, 1554.)

CITE AS: 10 USC 221

§ 222. Future-years mission budget
(a)Future-Years Mission Budget.—The Secretary of Defense shall submit to Congress for each fiscal year a future-years mission budget for the military programs of the Department of Defense. That budget shall be submitted for any fiscal year with the future-years defense program submitted under section 221 of this title.
(b)Consistency With Future-Years Defense Program.—The future-years mission budget shall be consistent with the future-years defense program required under section 221 of this title. In the future-years mission budget, the military programs of the Department of Defense shall be organized on the basis of major force programs.
(c)Relationship to Other Defense Budget Formats.—The requirement in subsection (a) is in addition to the requirements in any other provision of law regarding the format for the presentation regarding military programs of the Department of Defense in the budget submitted pursuant to section 1105 of title 31 for any fiscal year.
(Added Pub. L. 102–484, div. A, title X, § 1002(a)(2), Oct. 23, 1992, 106 Stat. 2480; amended Pub. L. 103–337, div. A, title X, § 1004, Oct. 5, 1994, 108 Stat. 2834; Pub. L. 110–181, div. A, title IX, § 944(a), (b), Jan. 28, 2008, 122 Stat. 289, 290; Pub. L. 115–91, div. A, title X, § 1081(a)(16), Dec. 12, 2017, 131 Stat. 1595.)

CITE AS: 10 USC 222

§ 222a. Unfunded priorities of the armed forces and combatant commands: 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, each officer specified in subsection (b) shall submit to the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, and to the congressional defense committees, a report on the unfunded priorities of the armed force or forces or combatant command under the jurisdiction or command of such officer.
(b)Officers.—The officers specified in this subsection are the following:
(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)Elements.—
(1)In general.—Each report under this subsection shall specify, for each unfunded priority covered by such report, the following:
(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).
(E) The requirement to be addressed by the unfunded priority.
(F) The reason why funding for the priority was not included in the budget of the President.
(G) A description of any funding provided for the requirement for the current and preceding fiscal year.
(H) An assessment of the effect that providing funding for the priority would have on the future-years defense plan.
(2)Prioritization of priorities.—Each report shall present the unfunded priorities covered by such report as follows:
(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)National guard unfunded priorities.—
(A)In general.—The officer specified under subsection (b)(7) shall only include in a report submitted under subsection (a) such priorities that—
(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)Exception.—The officer specified under subsection (b)(7) may include in a report submitted under subsection (a) an unfunded priority covered by subparagraph (A)(ii) if the Secretary of Defense—
(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)Prioritization.—Not later than 10 days after the receipt of the 1
1 So in original.
all of the reports referred to in subsection (a), the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall submit to the congressional defense committees a report that prioritizes each specific unfunded priority across all unfunded priorities submitted by officers specified in (b) according to the risk 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.
(e)Definitions.—In this section:
(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.
(Added Pub. L. 114–328, div. A, title X, § 1064(a)(1), Dec. 23, 2016, 130 Stat. 2408; amended Pub. L. 116–92, div. A, title X, § 1005, title XVII, § 1731(a)(12), Dec. 20, 2019, 133 Stat. 1573, 1813; Pub. L. 116–283, div. A, title IX, § 924(b)(10), title X, §§ 1006, 1081(a)(12), Jan. 1, 2021, 134 Stat. 3823, 3838, 3871; Pub. L. 117–263, div. A, title III, § 384(b), title X, § 1051, Dec. 23, 2022, 136 Stat. 2544, 2775; Pub. L. 118–31, div. A, title X, § 1003, Dec. 22, 2023, 137 Stat. 379.)

CITE AS: 10 USC 222a

§ 222b. Unfunded priorities of the Missile Defense Agency: annual report
(a)Reports.—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 Director of the Missile Defense Agency shall submit to the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, and to the congressional defense committees, a report on the unfunded priorities of the Missile Defense Agency.
(b)Elements.—
(1)In general.—Each report 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.
(iii) Sub-activity group (SAG) for applicable operation and maintenance accounts.
(2)Prioritization of priorities.—Each report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority.
(c)Unfunded Priority Defined.—In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement of the Missile Defense Agency 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, United States Code;
(2) is necessary to fulfill a requirement associated with an operational or contingency plan of a combatant command or other validated requirement; and
(3) would have been recommended for funding through the budget referred to in paragraph (1) by the Director of the Missile Defense Agency in connection with the budget if additional resources had been available for the budget to fund the program, activity, or mission requirement.
(Added and amended Pub. L. 115–232, div. A, title XVI, § 1677(a), (b)(1), Aug. 13, 2018, 132 Stat. 2160, 2161; Pub. L. 116–92, div. A, title XVII, § 1731(a)(13), Dec. 20, 2019, 133 Stat. 1813.)

CITE AS: 10 USC 222b

§ 222c. Armed forces: Out-Year Unconstrained Total Munitions Requirements; Out-Year inventory numbers
(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).
(2) Current Operation/Forward Presence Requirement.
(3) Strategic Readiness Requirement.
(4) Homeland Defense.
(5) Training and Testing Requirement.
(6) Total Out-Year Unconstrained Total Munitions Requirement, calculated in accordance with the implementation guidance described in subsection (d).
(7) Out-year worldwide inventory.
(8) Requirement for Protracted Warfare Scenarios, calculated by doubling the duration of each applicable operation plan.
(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 number of years required to meet the Out-Year Unconstrained Total Munitions Requirement at the rate requested for the fiscal year covered by the report.
(2) The average rate of procurement during the three-year period preceding the date of the submission of the report, and the number of years required to meet the Out-Year Unconstrained Total Munitions Requirement at such three-year average rate.
(3) The additional amount of funding that would be required, for each fiscal year, to meet the Out-Year Unconstrained Total Munitions Requirement for each munition by the end of the period covered by the most recent future-years defense program submitted to Congress pursuant to section 221 of this title.
(f)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.
(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.)

CITE AS: 10 USC 222c

§ 222d. Annual report on industrial base constraints for munitions
(a)In General.—Not later than 30 days after the submission of all reports required under section 222c(a) of this title, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the service acquisition executive of each military department, shall submit to the congressional defense committees a report detailing the industrial base constraints for each munition identified in the Out-Year Unconstrained Total Munitions Requirement.
(b)Elements.—The report required under subsection (a) shall include the following elements, broken down by munition:
(1) Programmed purchase quantities per year.
(2) Average procurement unit cost per year.
(3) Contract type.
(4) Current minimum sustaining rate of production per month and year.
(5) Current maximum rate of production per month and year.
(6) Expected date to meet the Out-Year Unconstrained Total Munitions Requirement in section 222c of this title under the programmed purchase quantities established for the period covered by the report.
(7) A description of industrial base constraints on increased production of each munition, including any supply chain weaknesses.
(8) A description of investments or policy changes made by a defense contractor or by the United States Government to increase production, enable more efficient production, or mitigate significant loss of stability in potential production.
(9) A description of potential investments or policy changes identified by a defense contractor or the United States Government to increase munitions production, enable more efficient production, or mitigate significant loss of stability in potential production, including—
(A) direct investments in test and tooling equipment, workforce development, or improvements to existing production facilities;
(B) a pool of rotable critical components or subcomponents for munitions;
(C) multiyear contracts or other contracting strategies;
(D) direct investments in components, subcomponents, or raw materials commonly used across the industrial base;
(E) direct investments in additive manufacturing or expeditionary manufacturing capabilities;
(F) direct investments in simplification of supply chains; and
(G) direct investments in technologies or methods to enable increased scalability and reduced complexity of production processes for current or future munitions.
(10) A list of each contract for a munition with a priority rating of “critical to national defense” (commonly referred to as a “DO-rated order”) or a priority rating of “highest national defense urgency” (commonly referred to as a “DX-rated order”) in the Defense Priorities and Allocation System pursuant to part 700 of title 15, Code of Federal Regulations (or any successor regulation).
(11) A prioritized list of munitions judged to have high value for export for which additional investments would be necessary to enable export, including a description of such investments required.
(12) A list of munitions subject to the requirements of chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) relating to foreign military sales that are anticipated to be exported based on developments in the conflict in Ukraine.
(c)Munition Defined.—In this section, the term “munition” has the meaning given by the Under Secretary of Defense for Acquisition.
(Added Pub. L. 117–263, div. A, title XVII, § 1701(d)(1), Dec. 23, 2022, 136 Stat. 2965.)

CITE AS: 10 USC 222d

§ 222e.1
1 Another section 222e is set out preceding this section. See Codification note below.
 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 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; and
(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.
(Added Pub. L. 118–31, div. A, title II, § 211, Dec. 22, 2023, 137 Stat. 182.)

CITE AS: 10 USC 222e

§ 223. Ballistic missile defense programs: program elements
(a)Program Elements Specified by President.—In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the amount requested for activities of the Missile Defense Agency shall be set forth in accordance with such program elements as the President may specify.
(b)Separate Program Elements for Programs Entering Engineering and Manufacturing Development.—
(1) The Secretary of Defense shall ensure that each ballistic missile defense program that enters engineering and manufacturing development is assigned a separate, dedicated program element.
(2) In this subsection, the term “engineering and manufacturing development” means the period in the course of an acquisition program during which the primary objectives are to—
(A) translate the most promising design approach into a stable, interoperable, producible, supportable, and cost-effective design;
(B) validate the manufacturing or production process; and
(C) demonstrate system capabilities through testing.
(c)Management and Support.—The amount requested for a fiscal year for any program element specified for that fiscal year pursuant to subsection (a) shall include requests for the amounts necessary for the management and support of the programs, projects, and activities contained in that program element.
(Added Pub. L. 105–261, div. A, title II, § 235(a)(1), Oct. 17, 1998, 112 Stat. 1953; amended Pub. L. 107–107, div. A, title II, § 232(a), (b), Dec. 28, 2001, 115 Stat. 1037; Pub. L. 107–314, div. A, title II, § 225(b)(1)(A), Dec. 2, 2002, 116 Stat. 2486; Pub. L. 108–136, div. A, title II, § 221(a), (b)(1), (c)(1), Nov. 24, 2003, 117 Stat. 1419.)

CITE AS: 10 USC 223

§ 223a. Ballistic missile defense programs: procurement
(a)Budget Justification Materials.—In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall specify, for each ballistic missile defense system element for which the Missile Defense Agency is engaged in planning for production and initial fielding, the following information:
(1) The production rate capabilities of the production facilities planned to be used for production of that element.
(2) The potential date of availability of that element for initial fielding.
(3) The estimated date on which the administration of the acquisition of that element is to be transferred from the Director of the Missile Defense Agency to the Secretary of a military department.
(b)Future-Years Defense Program.—The Secretary of Defense shall include in the future-years defense program submitted to Congress each year under section 221 of this title an estimate of the amount necessary for procurement for each ballistic missile defense system element, together with a discussion of the underlying factors and reasoning justifying the estimate.
(c)Performance Criteria.—The Director of the Missile Defense Agency shall include in the performance criteria prescribed for planned development phases of the ballistic missile defense system and its elements a description of the intended effectiveness of each such phase against foreign adversary capabilities.
(Added

CITE AS: 10 USC 223a

§ 224. Ballistic missile defense programs: display of amounts for research, development, test, and evaluation
(a)Requirement.—Any amount in the budget submitted to Congress under section 1105 of title 31 for any fiscal year for research, development, test, and evaluation for the integration of a ballistic missile defense element into the overall ballistic missile defense architecture shall be set forth under the account of the Department of Defense for Defense-wide research, development, test, and evaluation and, within that account, under the subaccount (or other budget activity level) for the Missile Defense Agency.
(b)Transfer Criteria.—
(1) The Secretary of Defense shall establish criteria for the transfer of responsibility for a ballistic missile defense program from the Director of the Missile Defense Agency to the Secretary of a military department. The criteria established for such a transfer shall, at a minimum, address the following:
(A) The technical maturity of the program.
(B) The availability of facilities for production.
(C) The commitment of the Secretary of the military department concerned to procurement funding for that program, as shown by funding through the future-years defense program and other defense planning documents.
(2) The Secretary shall submit the criteria established, and any modifications to those criteria, to the congressional defense committees.
(c)Notification of Transfer.—Before responsibility for a ballistic missile defense program is transferred from the Director of the Missile Defense Agency to the Secretary of a military department, the Secretary of Defense shall submit to the congressional defense committees notice in writing of the Secretary’s intent to make that transfer. The Secretary shall include with such notice a certification that the program has met the criteria established under subsection (b) for such a transfer. The transfer may then be carried out after the end of the 60-day period beginning on the date of such notice.
(d)Conforming Budget and Planning Transfers.—When a ballistic missile defense program is transferred from the Missile Defense Agency to the Secretary of a military department in accordance with this section, the Secretary of Defense shall ensure that all appropriate conforming changes are made to proposed or projected funding allocations in the future-years defense program under section 221 of this title and other Department of Defense program, budget, and planning documents.
(e)Follow-on Research, Development, Test, and Evaluation.—The Secretary of Defense shall ensure that, before a ballistic missile defense program is transferred from the Director of the Missile Defense Agency to the Secretary of a military department, roles and responsibilities for research, development, test, and evaluation related to system improvements for that program are clearly delineated.
(Added Pub. L. 105–85, div. A, title II, § 232(a)(1), Nov. 18, 1997, 111 Stat. 1662; amended Pub. L. 107–107, div. A, title II, § 231(a), (b)(1), Dec. 28, 2001, 115 Stat. 1035, 1036; Pub. L. 107–314, div. A, title II, §§ 222, 225(b)(1)(A), Dec. 2, 2002, 116 Stat. 2485, 2486; Pub. L. 108–136, div. A, title II, § 226, title X, § 1043(b)(4), Nov. 24, 2003, 117 Stat. 1421, 1611.)

CITE AS: 10 USC 224

§ 225. Acquisition accountability reports on the ballistic missile defense system
(a)Baselines Required.—
(1) In accordance with paragraph (2), the Director of the Missile Defense Agency shall establish and maintain an acquisition baseline for—
(A) each program element of the ballistic missile defense system, as specified in section 223 of this title; and
(B) each designated major subprogram of such program elements.
(2) The Director shall establish an acquisition baseline required by paragraph (1) before the date on which the program element or major subprogram enters—
(A) engineering and manufacturing development (or its equivalent); and
(B) production and deployment.
(3) Except as provided by subsection (d), the Director may not adjust or revise an acquisition baseline established under this section.
(b)Elements of Baselines.—Each acquisition baseline required by subsection (a) for a program element or major subprogram shall include the following:
(1) A comprehensive schedule, including—
(A) research and development milestones;
(B) acquisition milestones, including design reviews and key decision points;
(C) key test events, including ground, flight, and cybersecurity tests and ballistic missile defense system tests;
(D) delivery and fielding schedules;
(E) quantities of assets planned for acquisition and delivery in total and by fiscal year; and
(F) planned contract award dates.
(2) A detailed technical description of—
(A) the capability to be developed, including hardware and software;
(B) system requirements, including performance requirements;
(C) how the proposed capability satisfies a capability requirement or performance attribute identified through—
(i) the missile defense warfighter involvement process, as governed by United States Strategic Command Instruction 538-03, or such successor document; or
(ii) processes and products approved by the Joint Chiefs of Staff or Joint Requirements Oversight Council;
(D) key knowledge points that must be achieved to permit continuation of the program and to inform production and deployment decisions; and
(E) how the Director plans to improve the capability over time.
(3) A cost estimate, including—
(A) a life-cycle cost estimate that separately identifies the costs regarding research and development, procurement, military construction, operations and sustainment, and disposal;
(B) program acquisition unit costs for the program element;
(C) average procurement unit costs and program acquisition costs for the program element;
(D) an identification of when the document regarding the program joint cost analysis requirements description is scheduled to be approved; and
(E) an explanation for why a program joint cost analysis requirements description has not been prepared and approved, and, if a program joint cost analysis requirements description is not applicable, the rationale for such inapplicability.
(4) A test baseline summarizing the comprehensive test program for the program element or major subprogram outlined in the integrated master test plan.
(c)Annual Reports on Acquisition Baselines.—
(1) Not later than February 15 of each year, the Director shall submit to the congressional defense committees a report on the acquisition baselines required by subsection (a).
(2)
(A) The first report under paragraph (1) shall set forth each acquisition baseline required by subsection (a) for a program element or major subprogram.
(B) Each subsequent report under paragraph (1) shall include—
(i) any new acquisition baselines required by subsection (a) for a program element or major subprogram; and
(ii) with respect to an acquisition baseline that was previously included in a report under paragraph (1), an identification of any changes or variances made to the elements described in subsection (b) for such acquisition baseline, as compared to—(I) the original acquisition baseline for such program element or major subprogram;(II) the acquisition baseline for such program element or major subprogram that was submitted in the report during the previous year; and(III) the most recent adjusted or revised acquisition baseline for such program element or major subprogram under subsection (d).
(3)
(A) Each report under paragraph (1) shall include the total system costs for each element described in subparagraph (B) that comprises the missile defense system, without regard to funding source or management control (such as the Missile Defense Agency, a military department, or other element of the Department of Defense).
(B) The elements described in this subparagraph shall include the following:
(i) Research and development.
(ii) Procurement.
(iii) Military construction.
(iv) Operations and sustainment.
(v) Disposal.
(4) Each report under this subsection shall be submitted in unclassified form, but may include a classified annex.
(5) In this subsection:
(A) The term “original acquisition baseline” means, with respect to a program element or major subprogram, the first acquisition baseline created for the program element or major subprogram that has no previous iterations and has not been adjusted or revised, including any adjustments or revisions pursuant to subsection (d).
(B) The term “total system costs” means, with respect to each element that comprises the missile defense system—
(i) all combined costs from closed, canceled, and active acquisition baselines;
(ii) any costs shifted to or a part of future efforts without an established acquisition baseline; and
(iii) any costs under the responsibility of a military department or other Department entity.
(d)Exception to Limitation on Revision.—The Director may adjust or revise an acquisition baseline established under this section if the Director submits to the congressional defense committees notification of—
(1) a justification for such adjustment or revision;
(2) the specific adjustments or revisions made to the acquisition baseline, including to the elements described in subsection (b); and
(3) the effective date of the adjusted or revised acquisition baseline.
(e)Operations and Sustainment Cost Estimates.—The Director shall ensure that each life-cycle cost estimate included in an acquisition baseline pursuant to subsection (b)(3)(A) includes—
(1) all of the operations and sustainment costs for which the Director is responsible;
(2) a description of the operations and sustainment functions and costs for which a military department is responsible;
(3) the amount of operations and sustainment costs (dollar value and base year) for which the military department or other element of the Department of Defense is responsible; and
(4)
(A) a citation to the source (such as a joint cost estimate or one or more military department estimates) that captures the operations and sustainment costs for which a military department or other element of the Department of Defense is responsible;
(B) the date the source was prepared; and
(C) if and when the source was independently verified by the Office for Cost Assessment and Program Evaluation.
(Added Pub. L. 112–81, div. A, title II, § 231(a)(1), Dec. 31, 2011, 125 Stat. 1337; amended Pub. L. 113–66, div. A, title II, § 231(b), Dec. 26, 2013, 127 Stat. 711; Pub. L. 117–263, div. A, title XVI, § 1652, Dec. 23, 2022, 136 Stat. 2948.)

CITE AS: 10 USC 225

§ 226. Special operations forces: display of service-common and other support and enabling capabilities
(a)In General.—The Secretary of Defense and the Secretary of each of the military departments shall include, in the budget materials submitted to Congress under section 1105 of title 31 for fiscal year 2022 and any subsequent fiscal year, a budget justification display for each applicable appropriation showing service-common and other support and enabling capabilities for special operations forces requested by a military service or Defense Agency. Such budget justification displays shall include each of the following:
(1) Details at the appropriation and line item level, including any amount for service-common support, acquisition support, training, operations, pay and allowances, base operations sustainment, and any other common services and support.
(2) An identification of any change in the level or type of service-common support and enabling capabilities provided by each of the military services or Defense Agencies to special operations forces for the fiscal year covered by the budget justification display when compared to the preceding fiscal year, including the rationale for any such change and any mitigating actions.
(3) An assessment of the specific effects that the budget justification display for the fiscal year covered by the display and any anticipated future manpower and force structure changes are likely to have on the ability of each of the military services to provide service-common support and enabling capabilities to special operations forces.
(4) Any other matters the Secretary of Defense or the Secretary of a military department determines are relevant.
(b)Consolidated Budget Justification Display.—The Secretary of Defense shall include, in the budget materials submitted to Congress under section 1105 of title 31, for fiscal year 2022 and any subsequent fiscal year, a consolidated budget justification display containing the same information as is required in the budget justification displays required under subsection (a). Such consolidated budget justification display may be provided as a summary by appropriation for each military department and a summary by appropriation for all Defense Agencies.
(c)Service-common and Other Support and Enabling Capabilities.—In this section, the term “service-common and other support and enabling capabilities” means capabilities provided in support of special operations that are not reflected in Major Force Program–11 or designated as special operations forces-peculiar.
(Added Pub. L. 116–92, div. A, title X, § 1007(a), Dec. 20, 2019, 133 Stat. 1575; amended Pub. L. 116–283, div. A, title X, § 1002, Jan. 1, 2021, 134 Stat. 3836.)

CITE AS: 10 USC 226

[§ 227. Repealed. Pub. L. 104–106, div. A, title X, § 1061(f)(1), Feb. 10, 1996, 110 Stat. 443]

CITE AS: 10 USC 227

[§ 228. Repealed. Pub. L. 114–92, div. A, title X, § 1073(a)(1), Nov. 25, 2015, 129 Stat. 995]

CITE AS: 10 USC 228

§ 229. Programs for combating terrorism: display of budget information
(a)Submission With Annual Budget Justification Documents.—The Secretary of Defense shall submit to Congress, as a part of the documentation that supports the President’s annual budget for the Department of Defense, a consolidated budget justification display, in classified and unclassified form, that includes all programs and activities of the Department of Defense combating terrorism program.
(b)Requirements for Budget Display.—The budget display under subsection (a) shall include—
(1) the amount requested, by appropriation and functional area, for each of the program elements, projects, and initiatives that support the Department of Defense combating terrorism program, with supporting narrative descriptions and rationale for the funding levels requested; and
(2) a summary, to the program element and project level of detail, of estimated expenditures for the current year, funds requested for the budget year, and budget estimates through the completion of the current future-years defense plan for the Department of Defense combating terrorism program.
(c)Explanation of Inconsistencies.—As part of the budget display under subsection (a) for any fiscal year, the Secretary shall identify and explain—
(1) any inconsistencies between (A) the information submitted under subsection (b) for that fiscal year, and (B) the information provided to the Director of the Office of Management and Budget in support of the annual report of the President to Congress on funding for executive branch counterterrorism and antiterrorism programs and activities for that fiscal year in accordance with section 1051(b) of the National Defense Authorization Act for Fiscal Year 1998 (31 U.S.C. 1113 note); and
(2) any inconsistencies between (A) the execution, during the previous fiscal year and the current fiscal year, of programs and activities of the Department of Defense combating terrorism program, and (B) the funding and specification for such programs and activities for those fiscal years in the manner provided by Congress (both in statutes and in relevant legislative history).
(d)Department of Defense Combating Terrorism Program.—In this section, the term “Department of Defense combating terrorism program” means the programs, projects, and activities of the Department of Defense related to combating terrorism inside and outside the United States.
(e)Termination.—The requirement to submit a budget justification display under this section shall terminate on December 31, 2020.
(Added Pub. L. 106–65, div. A, title IX, § 932(b)(1), Oct. 5, 1999, 113 Stat. 727; amended Pub. L. 108–136, div. A, title X, § 1043(b)(6), Nov. 24, 2003, 117 Stat. 1611; Pub. L. 114–92, div. A, title X, § 1044, Nov. 25, 2015, 129 Stat. 977; Pub. L. 115–91, div. A, title X, § 1032, Dec. 12, 2017, 131 Stat. 1550.)

CITE AS: 10 USC 229

[§ 230. Repealed. Pub. L. 107–314, div. A, title X, § 1041(a)(2)(A), Dec. 2, 2002, 116 Stat. 2645]

CITE AS: 10 USC 230

§ 231. Budgeting for construction, maintenance, and modernization of naval vessels: annual plans and certifications
(a)Annual Naval Vessel Construction Plan and Certification.—The Secretary of the Navy shall include with the defense budget materials for a fiscal year each of the following:
(1) A plan for the construction of naval vessels developed in accordance with this section for each of the following classes of ships:
(A) Combatant and support vessels.
(B) Auxiliary vessels.
(2) A certification by the Secretary that both the budget for that fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 221 of this title provide for funding of the construction of naval vessels at a level that is sufficient for the procurement of the vessels provided for in the plan under paragraph (1) on the schedule provided in that plan, together with the views of the Chief of Naval Operations and Commandant of the Marine Corps on the budget.
(3) The unaltered assessment of the Chief of Naval Operations and the Commandant of the Marine Corps of the plan required under paragraph (1).
(b)Annual Naval Vessel Construction Plan.—
(1) The annual naval vessel construction plan developed for a fiscal year for purposes of subsection (a)(1) shall be designed so that the naval vessel force provided for under that plan supports the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 3043), except that, if at the time such plan is submitted with the defense budget materials for that fiscal year, a national security strategy report required under such section 108 has not been submitted to Congress as required by paragraph (2) or paragraph (3), if applicable, of subsection (a) of such section, then such annual plan shall be designed so that the naval vessel force provided for under that plan supports the ship force structure recommended in the report of the most recent national defense strategy.
(2) Each such naval vessel construction plan shall include the following:
(A) A detailed program for the construction of combatant and support vessels for the Navy over the next 30 fiscal years.
(B) A detailed program for the construction of auxiliary vessels for the Navy over the next 30 fiscal years.
(C) A description of the necessary naval vessel force structure and capabilities to meet the requirements of the national security strategy of the United States or the most recent national defense strategy, whichever is applicable under paragraph (1).
(D) The estimated levels of annual funding by ship class in both graphical and tabular form necessary to carry out the program, together with a discussion of the procurement strategies on which such estimated levels of annual funding are based.
(E) The estimated total cost of construction for each vessel used to determine estimated levels of annual funding under subparagraph (D).
(F) The estimated operations and sustainment costs required to support the vessels delivered under the naval vessel construction plan.
(G) The expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year’s plan.
(H) A certification by the appropriate Senior Technical Authority designated under section 8669b of this title of the expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year’s plan.
(I) For each battle force ship planned to be inactivated during the five-year period beginning on the date of the submittal of the report, a description of the planned disposition of each such ship following such inactivation and the potential gaps in warfighting capability that will result from such ship being removed from service.
(J) For any class of battle force ship for which the procurement of the final ship of the class is proposed in the relevant future-years defense program submitted under section 221 of this title—
(i) a description of the expected specific effects on the Navy shipbuilding industrial base of—(I) the termination of the production program for the ship and the transition to a new or modified production program, or(II) the termination of the production program for the ship without a new or modified production program to replace it; and
(ii) in the case of any such production program for which a replacement production program is proposed, a detailed schedule for the replacement production program with planned decision points, solicitations, and contract awards.
(3) In developing annual naval vessel construction plans for purposes of subsection (a)(1), the Secretary of the Navy shall take into consideration the most recent biennial report on shipbuilder training and the defense industrial base required by section 8693 of this title.
(c)Assessment When Annual Naval Vessel Construction Plan Does Not Meet Force Structure Requirements.—If the annual naval vessel construction plan for a fiscal year under subsection (b) does not result in a force structure or capabilities that meet the requirements identified in subsection (b)(2)(B), the Secretary shall include with the defense budget materials for that fiscal year an assessment of the extent of the strategic and operational risk to national security associated with the reduced force structure of naval vessels over the period of time that the required force structure or capabilities are not achieved. Such assessment shall include an analysis of whether the risks are acceptable, and plans to mitigate such risks. Such assessment shall be coordinated in advance with the commanders of the combatant commands and the Nuclear Weapons Council under section 179 of this title.
(d)Annual Plan for Maintenance and Modernization of Naval Vessels.—In addition to the plan included under subsection (a)(1), the Secretary of Defense shall include with the defense budget materials for a fiscal year each of the following:
(1) A plan for the maintenance and modernization of naval vessels that includes the following:
(A) A forecast of the maintenance and modernization requirements for both the naval vessels in the inventory of the Navy and the vessels required to be delivered under the naval vessel construction plan under subsection (a)(1).
(B) A description of the initiatives of the Secretary of the Navy to ensure that activities key to facilitating the maintenance and modernization of naval vessels (including with respect to increasing workforce and industrial base capability and capacity, shipyard level-loading, and facility improvements) receive sufficient resourcing, and are including in appropriate planning, to facilitate the requirements specified in subparagraph (A).
(2) A certification by the Secretary that both the budget for that fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 221 of this title provide for funding for the maintenance and modernization of naval vessels at a level that is sufficient for such maintenance and modernization in accordance with the plan under paragraph (1).
(e)CBO Evaluation.—Not later than 60 days after the date on which the congressional defense committees receive the plan under subsection (a)(1), the Director of the Congressional Budget Office shall submit to such committees a report assessing the sufficiency of the estimated levels of annual funding included in such plan with respect to the budget submitted during the year in which the plan is submitted and the future-years defense program submitted under section 221 of this title.
(f)Limitation on Availability of Funds for Fiscal Years Without Plan and Certification.—
(1) If the Secretary of Defense does not include with the defense budget materials for a fiscal year the plan and certification under subsection (a) and the plan and certification under subsection (d), the Secretary of Defense may not use more than 25 percent of the funds described in paragraph (2) during the fiscal year in which such materials are submitted until the date on which such plans and certifications are submitted to the congressional defense committees.
(2) The funds described in this paragraph are funds made available to the Secretary of Defense for operation and maintenance, Defense-wide, for emergencies and extraordinary expenses, that remain available for obligation or expenditure as of the date on which the plan and certification under subsection (a) and the plan and certification under subsection (d) are required to be submitted.
(g)Definitions.—In this section:
(1) The term “budget”, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.
(2) The term “defense budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
(3) The term “national defense strategy” means the review of the defense programs and policies of the United States that is carried out every four years under section 113(g) of this title.
(4) The term “combatant and support vessel” means any commissioned ship built or armed for naval combat or any naval ship designed to provide support to combatant ships and other naval operations. Such term does not include patrol coastal ships, non-commissioned combatant craft specifically designed for combat roles, or ships that are designated for potential mobilization.
(5) The term “auxiliary vessel” means any ship designed to operate in the open ocean in a variety of sea states to provide general support to either combatant forces or shore based establishments.
(6) The term “expected service life” means the number of years a naval vessel is expected to be in service.
(Added Pub. L. 107–314, div. A, title X, § 1022(a)(1), Dec. 2, 2002, 116 Stat. 2639; amended Pub. L. 111–383, div. A, title X, § 1023(a), Jan. 7, 2011, 124 Stat. 4349; Pub. L. 112–81, div. A, title X, § 1011(a), Dec. 31, 2011, 125 Stat. 1558; Pub. L. 112–239, div. A, title X, § 1014(a), Jan. 2, 2013, 126 Stat. 1908; Pub. L. 113–66, div. A, title X, § 1021, Dec. 26, 2013, 127 Stat. 844; Pub. L. 113–291, div. A, title X, §§ 1021, 1071(c)(2), Dec. 19, 2014, 128 Stat. 3486, 3508; Pub. L. 114–92, div. A, title X, § 1021, Nov. 25, 2015, 129 Stat. 965; Pub. L. 115–91, div. A, title X, § 1021(d), Dec. 12, 2017, 131 Stat. 1547; Pub. L. 115–232, div. A, title X, § 1011, Aug. 13, 2018, 132 Stat. 1947; Pub. L. 116–283, div. A, title X, §§ 1021, 1081(a)(13), Jan. 1, 2021, 134 Stat. 3839, 3871; Pub. L. 117–81, div. A, title X, § 1011(a), Dec. 27, 2021, 135 Stat. 1889; Pub. L. 117–263, div. A, title III, § 352(a), title X, § 1021, Dec. 23, 2022, 136 Stat. 2533, 2763; Pub. L. 118–31, div. A, title X, § 1015, title XVIII, § 1801(a)(3), Dec. 22, 2023, 137 Stat. 382, 683.)

CITE AS: 10 USC 231

§ 231a. Budgeting for life-cycle costs of aircraft for the Army, Navy, and Air Force: annual plan and certification
(a)Annual Aircraft Procurement Plan and Certification.—Not later than 30 days after the date on which the President submits to Congress the budget for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees the following:
(1) A plan for the procurement of the aircraft specified in subsection (b) for each of the Department of the Army, the Department of the Navy, and the Department of the Air Force developed in accordance with this section.
(2) A certification by the Secretary that both the budget for such fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 221 of this title provide for funding of the procurement of aircraft at a level that is sufficient for the procurement of the aircraft provided for in the plan under paragraph (1) on the schedule provided in the plan.
(b)Covered Aircraft.—The aircraft specified in this subsection are the aircraft as follows:
(1) Fighter aircraft.
(2) Attack aircraft.
(3) Bomber aircraft.
(4) Intertheater lift aircraft.
(5) Intratheater lift aircraft.
(6) Intelligence, surveillance, and reconnaissance aircraft.
(7) Tanker aircraft.
(8) Remotely piloted aircraft.
(9) Rotary-wing aircraft.
(10) Operational support and executive lift aircraft.
(11) Any other major support aircraft designated by the Secretary of Defense for purposes of this section.
(c)Annual Aircraft Procurement Plan.—
(1) The annual aircraft procurement plan developed for a fiscal year for purposes of subsection (a) should be designed so that the aviation force provided for under the plan is capable of supporting the national military strategy of the United States as set forth in the most recent National Defense Strategy submitted under section 113(g) of this title and the most recent National Military Strategy submitted under section 153(b) of this title.
(2) Each annual aircraft procurement plan shall include the following:
(A) A detailed program for the procurement of the aircraft specified in subsection (b) for each of the Department of the Army, the Department of the Navy, and the Department of the Air Force over the next 15 fiscal years.
(B) A description of the aviation force structure necessary to meet the requirements of the national military strategy of the United States.
(C) The estimated levels of annual investment funding necessary to carry out each aircraft program, together with a discussion of the procurement strategies on which such estimated levels of annual investment funding are based, set forth in aggregate for the Department of Defense and in aggregate for each military department.
(D) The estimated level of annual funding necessary to operate, maintain, sustain, and support each aircraft program throughout the life-cycle of the program, set forth in aggregate for the Department of Defense and in aggregate for each military department.
(E) For each of the cost estimates required by subparagraphs (C) and (D)—
(i) a description of whether the cost estimate is derived from the cost estimate position of the military department concerned or from the cost estimate position of the Office of Cost Assessment and Program Evaluation;
(ii) if the cost estimate position of the military department and the cost estimate position of the Office of Cost Assessment and Program Evaluation differ by more than 5 percent for any aircraft program, an annotated cost estimate difference and sufficient rationale to explain the difference;
(iii) the confidence or certainty level associated with the cost estimate for each aircraft program; and
(iv) a certification that the calculations from which the cost estimate is derived are based on common cost categories used by the Under Secretary of Defense for Acquisition and Sustainment for calculating the life-cycle cost of an aircraft program.
(F) An assessment by the Secretary of Defense of the extent to which the combined aircraft forces of the Department of the Army, the Department of the Navy, and the Department of the Air Force meet the national security requirements of the United States.
(3) For any cost estimate required by subparagraph (C) or (D) of paragraph (2) for any aircraft program for which the Secretary is required to include in a report under section 4351 of this title, the source of the cost information used to prepare the annual aircraft plan shall be derived from the Selected Acquisition Report data that the Secretary plans to submit to the congressional defense committees in accordance with subsection (f) of that section for the year for which the annual aircraft procurement plan is prepared.
(4) Each annual aircraft procurement plan shall be submitted in unclassified form, and shall contain a classified annex. A summary version of the unclassified report shall be made available to the public.
(d)Assessment When Aircraft Procurement Budget Is Insufficient to Meet Applicable Requirements.—If the budget for any fiscal year provides for funding of the procurement of aircraft for the Department of the Army, the Department of the Navy, or the Department of the Air Force at a level that is not sufficient to sustain the aviation force structure specified in the aircraft procurement plan for such Department for that fiscal year under subsection (a), the Secretary shall include with the defense budget materials for that fiscal year an assessment that describes the funding shortfall and discusses the risks associated with the reduced force structure of aircraft that will result from funding aircraft procurement at such level. The assessment shall be coordinated in advance with the commanders of the combatant commands.
(e)Annual Report on Aircraft Inventory.—
(1) As part of the annual plan and certification required to be submitted under this section, the Secretary shall include a report on the aircraft in the inventory of the Department of Defense.
(2) Each report under paragraph (1) shall include for the year covered by such report, the following:
(A) The total number of aircraft in the inventory.
(B) The total number of the aircraft in the inventory that are active, stated in the following categories (with appropriate subcategories for mission aircraft, training aircraft, dedicated test aircraft, and other aircraft):
(i) Primary aircraft.
(ii) Backup aircraft.
(iii) Attrition and reconstitution reserve aircraft.
(C) The total number of the aircraft in the inventory that are inactive, stated in the following categories:
(i) Bailment aircraft.
(ii) Drone aircraft.
(iii) Aircraft for sale or other transfer to foreign governments.
(iv) Leased or loaned aircraft.
(v) Aircraft for maintenance training.
(vi) Aircraft for reclamation.
(vii) Aircraft in storage.
(D) The aircraft inventory requirements approved by the Joint Chiefs of Staff.
(3) Each report under paragraph (1) shall set forth each item specified in paragraph (2) separately for the regular component of each armed force and for each reserve component of each armed force and, for each such component, shall set forth each type, model, and series of aircraft provided for in the future-years defense program that covers the fiscal year for which the budget accompanying the plan, certification and report is submitted.
(f)Budget Defined.—In this section, the term “budget” means the budget of the President for a fiscal year as submitted to Congress pursuant to section 1105 of title 31.
(Added and amended Pub. L. 116–283, div. A, title I, § 151(a), title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 3437, 4294; Pub. L. 117–81, div. A, title X, § 1081(a)(6), Dec. 27, 2021, 135 Stat. 1919.)

CITE AS: 10 USC 231a

[§ 232. Repealed. Pub. L. 112–239, div. A, title X, § 1081(1)(A), Jan. 2, 2013, 126 Stat. 1960]

CITE AS: 10 USC 232

§ 233. Operation and maintenance budget presentation
(a)Identification of Baseline Amounts in O&M Justification Documents.—In any case in which the amount requested in the President’s budget for a fiscal year for a Department of Defense operation and maintenance program, project, or activity is different from the amount appropriated for that program, project, or activity for the current year, the O&M justification documents supporting that budget shall identify that appropriated amount and the difference between that amount and the amount requested in the budget, stated as an amount and as a percentage.
(b)Navy for Ship Depot Maintenance and for Intermediate Ship Maintenance.—In the O&M justification documents for the Navy for any fiscal year, amounts requested for ship depot maintenance and amounts requested for intermediate ship maintenance shall be identified and distinguished.
(c)Definitions.—In this section:
(1) The term “O&M justification documents” means Department of Defense budget justification documents with respect to accounts for operation and maintenance submitted to the congressional defense committees in support of the Department of Defense component of the President’s budget for any fiscal year.
(2) The term “President’s budget” means the budget of the President submitted to Congress under section 1105 of title 31 for any fiscal year.
(3) The term “current year” means the fiscal year during which the President’s budget is submitted in any year.
(Added Pub. L. 108–375, div. A, title X, § 1003(a)(1), Oct. 28, 2004, 118 Stat. 2035.)

CITE AS: 10 USC 233

§ 233a. Annual report on force structure changes exhibit for the defense budget
(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 shall submit to the congressional defense committees a report on any major weapon systems proposed to be divested, re-prioritized, or retired in such budget.
(b)Contents.—Each report under subsection (a) shall include the following:
(1) Identification of each major weapon system the Secretary of Defense proposes to divest, re-prioritize, or retire in the period of five fiscal years following the date of the report.
(2) Budget line-item details related to each major weapon system identified under paragraph (1).
(3) For each proposed divestment, re-prioritization, or retirement, an explanation of—
(A) the timeline for the divestment, re-prioritization, or retirement, including any factors that may affect such timelines positively or negatively;
(B) any cost savings associated with the divestment, re-prioritization, or retirement;
(C) the rationale for the divestment, re-prioritization, or retirement, including a qualitative description of the risk associated with the divestment, re-prioritization, or retirement based on the most recent National Defense Strategy (as of the date of the report);
(D) any critical dependencies with other program efforts that might affect the timeline for such divestment, reprioritization, or retirement;
(E) the expected disposition of the weapon system after divestment, re-prioritization or retirement; and
(F) identification of the system or systems that are expected to satisfy the military requirements that were fulfilled by the weapon system once the divestment, re-prioritization, or retirement of that weapon system is completed.
(c)Relationship to Other Reports.—The Secretary of Defense shall ensure that the report required under subsection (a) is deconflicted with the report required under section 222e of this title.
(d)Major Weapon System Defined.—In this section, the term “major weapon system” has the meaning given that term in section 3455(f) of this title.
(Added Pub. L. 118–31, div. A, title I, § 151, Dec. 22, 2023, 137 Stat. 179.)

CITE AS: 10 USC 233a

§ 234. POW/MIA activities: display of budget information
(a)Submission With Annual Budget Justification Documents.—The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for a fiscal year, a consolidated budget justification display, in classified and unclassified form, that covers all programs and activities of Department of Defense POW/MIA accounting and recovery organizations.
(b)Requirements for Budget Display.—The budget display under subsection (a) for a fiscal year shall include for each such organization the following:
(1) A statement of what percentage of the requirements originally requested by the organization in the budget review process that the budget requests funds for.
(2) A summary of actual or estimated expenditures by that organization for the fiscal year during which the budget is submitted and for the fiscal year preceding that year.
(3) The amount in the budget for that organization.
(4) A detailed explanation of the shortfalls, if any, in the funding of any requirement shown pursuant to paragraph (1), when compared to the amount shown pursuant to paragraph (3).
(5) The budget estimate for that organization for the five fiscal years after the fiscal year for which the budget is submitted.
(c)Department of Defense POW/MIA Accounting and Recovery Organizations.—In this section, the term “Department of Defense POW/MIA accounting and recovery organization” means any of the following (and any successor organization):
(1) The Defense Prisoner of War/Missing Personnel Office (DPMO).
(2) The Joint POW/MIA Accounting Command (JPAC).
(3) The Armed Forces DNA Identification Laboratory (AFDIL).
(4) The Life Sciences Equipment Laboratory (LSEL) of the Air Force.
(5) Any other element of the Department of Defense the mission of which (as designated by the Secretary of Defense) involves the accounting for and recovery of members of the armed forces who are missing in action or prisoners of war or who are unaccounted for.
(d)Other Definitions.—In this section:
(1) The term “defense budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
(2) The term “budget”, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.
(Added

CITE AS: 10 USC 234

[§ 235. Repealed. Pub. L. 117–81, div. A, title VIII, § 815(b)(1), Dec. 27, 2021, 135 Stat. 1825]

CITE AS: 10 USC 235

§ 236. Personal protection equipment procurement: display of budget information
(a)Budget Justification Display.—The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for each fiscal year after fiscal year 2014, a consolidated budget justification display that covers all programs and activities associated with the procurement of personal protection equipment during the period covered by the future-years defense program submitted in that fiscal year under section 221.
(b)Requirements for Budget Display.—The consolidated budget justification display under subsection (a) for a fiscal year shall include the following:
(1) The amount for personal protection equipment included in both the base budget of the President and any overseas contingency operations budget of the President.
(2) A brief description of each category of personal protection equipment for each military department planned to be procured and developed.
(3) For each category planned to be procured using funds made available for operation and maintenance (whether under the base budget or any overseas contingency operations budget)—
(A) the relevant appropriations account, budget activity, and subactivity group for the category; and
(B) the funding profile for the fiscal year as requested, including cost and quantities, and an estimate of projected investments or procurements for each of the subsequent five fiscal years.
(4) For each category planned to be developed using funds made available for research, development, test, and evaluation (whether under the base budget or any overseas contingency operations budget)—
(A) the relevant appropriations account, program, project or activity; program element number, and line number; and
(B) the funding profile for the fiscal year as requested and an estimate of projected investments for each of the subsequent five fiscal years.
(c)Definitions.—In this section:
(1) The terms “budget” and “defense budget materials” have the meaning given those terms in section 234 of this title.
(2) The term “category of personal protection equipment” means the following:
(A) Body armor components.
(B) Combat helmets.
(C) Combat protective eyewear.
(D) Other items as determined appropriate by the Secretary.
(Added Pub. L. 113–66, div. A, title I, § 141(a), Dec. 26, 2013, 127 Stat. 696.)

CITE AS: 10 USC 236

§ 237. Embedded mental health providers of the reserve components: display of budget information

The Secretary of Defense shall submit to Congress, as a part of the documentation that supports the President’s annual budget for the Department of Defense, a budget justification display with respect to embedded mental health providers within each reserve component, including the amount requested for each such component.

(Added Pub. L. 113–66, div. A, title VII, § 721(a), Dec. 26, 2013, 127 Stat. 799.)

CITE AS: 10 USC 237

§ 238. Cyber mission forces: program elements
(a)Budget Justification Display.—The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for fiscal year 2021 and each fiscal year thereafter, a budget justification display, in electronic and print formats, that includes—
(1) a major force program category for the five-year defense plan of the Department of Defense for the training, manning, and equipping of the cyber mission forces and the cyberspace operations forces; and
(2) program elements for the cyber mission forces and the cyberspace operations forces.
(b)Waiver.—The Secretary may waive the requirement under subsection (a) for fiscal year 2021 if the Secretary—
(1) determines the Secretary is unable to comply with such requirement for fiscal year 2021; and
(2) establishes a plan to implement the requirement for fiscal year 2022.
(c)Submission.—The Secretary shall provide the displays described in subsection (a)—
(1) in electronic format not later than five days after the submission by the President under section 1105(a) of title 31 of the budget; and
(2) in print format not later than 21 days after the submission by the President under section 1105(a) of title 31 of the budget.
(Added Pub. L. 113–291, div. A, title XVI, § 1631(a)(1), Dec. 19, 2014, 128 Stat. 3637; amended Pub. L. 116–283, div. A, title XVII, § 1701(2), Jan. 1, 2021, 134 Stat. 4080.)

CITE AS: 10 USC 238

§ 239. National security space programs: major force program and budget assessment
(a)Establishment of Major Force Program.—The Secretary of Defense shall establish a unified major force program for national security space programs pursuant to section 222(b) of this title to prioritize national security space activities in accordance with the requirements of the Department of Defense and national security.
(b)Budget Assessment.—
(1) Not later than 30 days after the date on which the President submits to Congress the budget for each of fiscal years 2017 through 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the budget for national security space programs of the Department of Defense. The Secretary may include the report in the defense budget materials if the Secretary submits such materials to Congress by such date.
(2) Each report on the budget for national security space programs of the Department of Defense under paragraph (1) shall include the following:
(A) An overview of the budget, including—
(i) a comparison between that budget, the previous budget, the most recent and prior future-years defense program submitted to Congress under section 221 of this title, and the amounts appropriated for such programs during the previous fiscal year; and
(ii) the specific identification, as a budgetary line item, for the funding under such programs.
(B) An assessment of the budget, including significant changes, priorities, challenges, and risks.
(C) Any additional matters the Secretary determines appropriate.
(3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(c)Definitions.—In this section:
(1) The term “budget”, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.
(2) The term “defense budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
(Added Pub. L. 114–92, div. A, title XVI, § 1601(a)(1), Nov. 25, 2015, 129 Stat. 1095; amended Pub. L. 115–232, div. A, title XVI, § 1605, Aug. 13, 2018, 132 Stat. 2107.)

CITE AS: 10 USC 239

§ 239a. Missile defense and defeat programs: major force program and budget assessment
(a)Establishment of Major Force Program.—The Secretary of Defense shall establish a unified major force program for missile defense and defeat programs pursuant to section 222(b) of this title to prioritize missile defense and defeat programs in accordance with the requirements of the Department of Defense and national security.
(b)Budget Assessment.—
(1) The Secretary shall include with the defense budget materials for each of fiscal years 2019 through 2023 a report on the budget for missile defense and defeat programs of the Department of Defense.
(2) Each report on the budget for missile defense and defeat programs of the Department under paragraph (1) shall include the following:
(A) An overview of the budget, including—
(i) a comparison between that budget, the previous budget, the most recent and prior future-years defense program submitted to Congress under section 221 of this title (such comparison shall exclude the responsibility for research and development of the continuing improvement of such missile defense and defeat program), and the amounts appropriated for such missile defense and defeat programs during the previous fiscal year; and
(ii) the specific identification, as a budgetary line item, for the funding under such programs.
(B) An assessment of the budget, including significant changes, priorities, challenges, and risks.
(C) Any additional matters the Secretary determines appropriate.
(3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(c)Definitions.—In this section:
(1) The term “budget”, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.
(2) The term “defense budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
(3) The term “missile defense and defeat programs” means active and passive ballistic missile defense programs, cruise missile defense programs for the homeland, and missile defeat programs.
(Added Pub. L. 115–91, div. A, title XVI, § 1676(a)(1), Dec. 12, 2017, 131 Stat. 1771.)

CITE AS: 10 USC 239a

§ 239b. Certain intelligence-related programs: budget justification materials
(a)Prohibition on Use of Program Elements.—In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2021 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense may not include in any single program element both funds made available under the Military Intelligence Program and funds made available outside of the Military Intelligence Program.
(b)Definitions.—In this section:
(1) The term “budget” has the meaning given that term in section 231(f) of this title.
(2) The term “defense budget materials” has the meaning given that term in section 231(f) of this title.
(Added Pub. L. 115–232, div. A, title XVI, § 1624(b)(1), Aug. 13, 2018, 132 Stat. 2120.)

CITE AS: 10 USC 239b

§ 239c. Certain multiyear contracts for acquisition of property: budget justification materials
(a)In General.—In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2023 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include a proposal for any multiyear contract of the Department entered into under section 3501 of this title that—
(1) the head of an agency intends to cancel during the fiscal year; or
(2) with respect to which the head of an agency intends to effect a covered modification during the fiscal year.
(b)Elements.—Each proposal required by subsection (a) shall include the following:
(1) A detailed explanation of the rationale for the proposed cancellation or covered modification of the multiyear contract.
(2) A detailed assessment of any expected termination costs associated with the proposed cancellation or covered modification of the multiyear contract.
(3) An updated assessment of estimated savings of such cancellation or carrying out the multiyear contract as modified by such covered modification.
(4) An explanation of the proposed use of previously appropriated funds for advance procurement or procurement of property planned under the multiyear contract before such cancellation or covered modification.
(5) An assessment of expected impacts of the proposed cancellation or covered modification on the defense industrial base, including workload stability, loss of skilled labor, and reduced efficiencies.
(c)Definitions.—In this section:
(1) The term “covered modification” means a modification that will result in a reduction in the quantity of end items to be procured.
(2) The term “head of an agency” means—
(A) the Secretary of Defense;
(B) the Secretary of the Army;
(C) the Secretary of the Navy; or
(D) the Secretary of the Air Force.
(Added Pub. L. 117–81, div. A, title VIII, § 811(a), Dec. 27, 2021, 135 Stat. 1822; amended Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294; Pub. L. 117–263, div. A, title VIII, § 811, Dec. 23, 2022, 136 Stat. 2706.)

CITE AS: 10 USC 239c

§ 239d. Budgeting for depot and ammunition production facility maintenance and repair: annual report
(a)Annual Report.—The Secretary of Defense, in coordination with the Secretaries of the military departments, shall include with the defense budget materials for each fiscal year a report regarding the maintenance and repair of covered facilities.
(b)Elements.—Each report required under subsection (a) shall include, at a minimum, the following (disaggregated by military department):
(1) With respect to each of the three fiscal years preceding the fiscal year covered by the defense budget materials with which the report is included, revenue data for that fiscal year for the maintenance, repair, and overhaul workload funded at all the depots of the military department.
(2) With respect to the fiscal year covered by the defense budget materials with which the report is included and each of the two fiscal years prior, an identification of the following:
(A) The amount of appropriations budgeted for that fiscal year for depots, further disaggregated by the type of appropriation.
(B) The amount budgeted for that fiscal year for working-capital fund investments by the Secretary of the military department for the capital budgets of the covered depots of the military department, shown in total and further disaggregated by whether the investment relates to the efficiency of depot facilities, work environment, equipment, equipment (non-capital investment program), or processes.
(C) The total amount required to be invested by the Secretary of the military department for that fiscal year for the capital budgets of covered depots pursuant to section 2476(a) of this title.
(D) A comparison of the budgeted amount identified under subparagraph (B) with the total required amount identified under subparagraph (C).
(E) For each covered depot of the military department, of the total required amount identified under subparagraph (C), the percentage of such amount allocated, or projected to be allocated, to the covered depot for that fiscal year.
(3) For each covered facility of the military department, the following:
(A) Information on the average facility condition, average critical facility condition, restoration and maintenance project backlog, and average equipment age, including a description of any changes in such metrics from previous years.
(B) Information on the status of the implementation at the covered facility of the plans and strategies of the Department of Defense relating to covered facility improvement, including, as applicable, the implementation of the strategy required under section 359 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1323; 10 U.S.C. 2460 1
1 See References in Text note below.
note).
(c)Definitions.—In this section:
(1) The term “ammunition production facility” means an ammunition organic industrial base production facility.
(2) The terms “budget” and “defense budget materials” have the meaning given those terms in section 234 of this title.
(3) The term “covered depot” has the meaning given that term in section 2476 of this title.
(4) The term “covered facility” means a covered depot or an ammunition production facility.
(Added Pub. L. 117–263, div. A, title III, § 371, Dec. 23, 2022, 136 Stat. 2539.)

CITE AS: 10 USC 239d

§ 239e. Nuclear command, control, and communications: major force program and budget assessment
(a)Establishment of Major Force Program.—The Secretary of Defense shall establish a unified major force program for nuclear command, control, and communications programs pursuant to section 222(b) of this title to prioritize such programs in accordance with the requirements of the Department of Defense and national security.
(b)Budget Assessment.—
(1) The Secretary shall include with the defense budget materials for each of fiscal years 2025 through 2030 a report on the budget for nuclear command, control, and communications programs of the Department of Defense.
(2) Each report on the budget for nuclear command, control, and communications programs of the Department under paragraph (1) shall include the following:
(A) An overview of the budget, including—
(i) a comparison between that budget, the previous budget, the most recent and prior future-years defense program submitted to Congress under section 221 of this title (such comparison shall exclude the responsibility for research and development of the continuing improvement of such nuclear command, control, and communications program), and the amounts appropriated for such nuclear command, control, and communications programs during the previous fiscal year; and
(ii) the specific identification, as a budgetary line item, for the funding under such programs.
(B) An assessment of the budget, including significant changes, priorities, challenges, and risks.
(C) Any additional matters the Secretary determines appropriate.
(3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(c)Definitions.—In this section:
(1) The term “budget”, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.
(2) The term “defense budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
(3) The term “nuclear command, control, and communications programs” means programs through which presidential authority and operational command and control of nuclear weapons is conducted, including programs that facilitate senior-level decisions on nuclear weapons employment.
(Added Pub. L. 118–31, div. A, title XVI, § 1631, Dec. 22, 2023, 137 Stat. 591.)

CITE AS: 10 USC 239e