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10 U.S.C. § 5513 — Unfunded priorities of the Missile Defense Agency: annual report

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 5513 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), 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](ht

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Stable record: federal_law:legal_authorities:record_usc_d19faef548b3f9a58cdf7f97
Source file: Laws/federal/codes/united-states-code/title-10/section-5513-unfunded-priorities-of-the-missile-defense-agency-annual-report--0d43714264.md
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Source location: Title 10, Chapter 551, § 5513; chapter-551-missile-defense.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 222b — Repealed. Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199]

### Statutory Notes Section, 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, related to annual report on the unfunded priorities of the Missile Defense Agency. See [section 5513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section5513&num=0&edition=prelim). Section, as added and amended by Pub. L. 115–232, was based on Pub. L. 114–328, div. A, title XVI, § 1696, Dec. 23, 2016, 130 Stat. 2638.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1105 — Budget contents and submission to Congress

**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following: (1) information on activities and functions of the Government. (2) when practicable, information on costs and achievements of Government programs. (3) other desirable classifications of information. (4) a reconciliation of the summary information on expenditures with proposed appropriations. (5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year. (6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under— (A) laws in effect when the budget is submitted; and (B) proposals in the budget to increase revenues. (7) appropriations, expenditures, and receipts of the Government in the prior fiscal year. (8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year. (9) balanced statements of the— (A) condition of the Treasury at the end of the prior fiscal year; (B) estimated condition of the Treasury at the end of the current fiscal year; and (C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted. (10) essential information about the debt of the Government.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 222f — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), 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 11 See References in Text note below. of this title; or (2) section 2806 o

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 5513 — Unfunded priorities of the missile defense

Page 2958 TITLE 10—ARMED FORCES § 5513 1 So in original. Probably should be capitalized as ‘‘Missile De- fense Agency:’’. 1 See References in Text note below. fense Agency to the Secretary of a military de- partment. The criteria established for such a transfer shall, at a minimum, address the fol- lowing: (A) The technical maturity of the program. (B) The availability of facilities for produc- tion. (C) The commitment of the Secretary of the military department concerned to procure- ment funding for that program, as shown by funding through the future-years defense pro- gram and other defense planning documents. (2) The Secretary shall submit the criteria es- tablished, and any modifications to those cri- teria, to the congressional defense committees. (c) NOTIFICATION OF TRANSFER.—Before respon- sibility for a ballistic missile defense program is transferred from the Director of the Missile De- fense Agency to the Secretary of a military de- partment, 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 be- ginning on the date of such notice. (d) CONFORMING BUDGET AND PLANNING TRANS- FERS.—When a ballistic missile defense program is transferred from the Missile Defense Agency to the Secretary of a military department in ac- cordance with this section, the Secretary of De- fense shall ensure that all appropriate con- forming changes are made to proposed or pro- jected funding allocations in the future-years defense program under section

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