10 U.S.C. § 222e — Untitled legal text

Page 313 TITLE 10—ARMED FORCES § 222e 1 Another section 222e is set out after this section. See Codi- fication note below. tion 222c(a) of this title, the Under Secretary of Defense for Acquisition and Sustainment, in co- ordination with the service acquisition execu- tive of each military department, shall submit to the congressional defense committees a re- port detailing the industrial base constraints for each munition identified in the Out-Year Uncon- strained Total Munitions Requirement. (b) ELEMENTS.—The report required under sub- section (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 pro- duction per month and year. (5) Current maximum rate of production per month and year. (6) Expected date to meet the Out-Year Un- constrained Total Munitions Requirement in section 222c of this title under the pro- grammed purchase quantities established for the period covered by the report. (7) A description of industrial base con- straints on increased production of each muni- tion, 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 pro- duction, enable more efficient production, or mitigate significant loss of stability in poten- tial production. (9) A description of potential investments or policy changes identified by a defense con- tractor or the United States Government to increase munitions production, enable more efficient production, or mitigate significant loss of stability in potential production, in- cluding— (A) direct investments in test and tooling equipment, workforce development, or im- provements to existing production facilities; (B) a pool of rotable critical components or subcomponents for munitions; (C) multiyear contracts or other con- tracting strategies; (D) direct investments in components, sub- components, or raw materials commonly used across the industrial base; (E) direct investments in additive manu- facturing 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 Pri- orities and Allocation System pursuant to part 700 of title 15, Code of Federal Regula- tions (or any successor regulation). (11) A prioritized list of munitions judged to have high value for export for which addi- tional investments would be necessary to en- able export, including a description of such in- vestments required. (12) A list of munitions subject to the re- quirements 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 con- flict 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.) Editorial Notes REFERENCES IN TEXT The Arms Export Control Act, referred to in subsec. (b)(12), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320. Chapter 2 of the Act is classified generally to sub- chapter II (§ 2761 et seq.) of chapter 39 of Title 22, For- eign Relations and Intercourse. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables. § 222e.1 Programs, projects, and activities that were internally changed in the submission of the President’s budget: annual report (a) IN GENERAL.—The Secretary of Defense, acting through the Secretaries of the military departments and the officers of Department of Defense agencies and offices not under the con- trol of a Secretary of a military department, shall submit to the congressional defense com- mittees each year, not later than 30 days after the submission of the budget of the President for the fiscal year beginning in such year under section 1105(a) of title 31, a report that includes organized tabulations of programs, projects, and activities in research, development, test, and evaluation, procurement, and military construc- tion the total obligational authority for which was changed in the current budget year proposal compared to the prior-year projection for the current year. (b) ELEMENTS.—The tabulations required under subsection (a) shall include, for each pro- gram, project, or activity that was internally changed, the following elements: (1) Whether the program, project, or activity was added, eliminated, or reduced and in which fiscal year. (2) The appropriations sub-account. (3) The appropriate program element, line item number, or sub-activity group. (4) The program, project, or activity name. (5) The prior year enacted appropriation. (6) The prior year projected current year budget. (7) The current year budget request. (8) If applicable, the amount reduced or saved by the current year elimination or re- duction over the future years defense plan. (9) A characterization of the change as a fact-of-life change, a prioritization change, a programmatic change, or a change due to con- gressional action. Page 314 TITLE 10—ARMED FORCES § 222e 1 Another section 222e is set out preceding this section. See Codification note below. 2 See References in Text note below. (c) FORM.—The report required under sub- section (a) shall be submitted in machine read- able, electronic form. (Added Pub. L. 118–31, div. A, title X, § 1002, Dec. 22, 2023, 137 Stat. 378.) Editorial Notes CODIFICATION Pub. L. 118–31, div. A, title X, § 1002, Dec. 22, 2023, 137 Stat. 378, provided that this chapter was amended by inserting this section ‘‘after section 222d’’. Another sec- tion 222e, which is set out after this section, had been added and inserted ‘‘after section 222d’’ by Pub. L. 118–31, div. A, title II, § 211, Dec. 22, 2023, 137 Stat. 182. § 222e.1 Unfunded priorities of the Under Sec- retary of Defense for Research and Engineer- ing: annual report (a) ANNUAL REPORT.—Not later than 10 days after the date on which the budget of the Presi- dent for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Sec- retary 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 De- partment of Defense related to activities for which the Under Secretary of Defense for Re- search and Engineering has authority. (b) ELEMENTS.— (1) IN GENERAL.—Except as provided in sub- section (c), each report submitted under sub- section (a) shall specify, for each unfunded pri- ority covered by such report, the following: (A) A summary description of such pri- ority, including the objectives to be achieved if such priority is funded (whether in whole or in part). (B) The additional amount of funds rec- ommended in connection with the objectives under subparagraph (A). (C) Account information with respect to such priority, including the following (as ap- plicable): (i) Line Item Number (LIN) for applica- ble procurement accounts. (ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts. (2) PRIORITIZATION OF PRIORITIES.—The re- port under subsection (a) shall present the un- funded priorities covered by such report in order of urgency of priority. (c) EXCLUSION OF PRIORITIES COVERED IN OTHER REPORTS.—The report submitted under sub- section (a) shall not include unfunded priorities or requirements covered in reports submitted under— (1) section 222a or 222b 2 of this title; or (2) section 2806 of the National Defense Au- thorization 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 classi- fied form, but may include an unclassified sum- mary as the Secretary considers appropriate. (e) UNFUNDED PRIORITY DEFINED.—In this sec- tion, 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 Presi- dent for the fiscal year as submitted to Con- gress pursuant to section 1105 of title 31; (2) would have been recommended for fund- ing 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 re- quirement has emerged since the budget was formulated; and (3) in the case of a military construction project, has reached 35 percent design. (Added Pub. L. 118–31, div. A, title II, § 211, Dec. 22, 2023, 137 Stat. 182; amended Pub. L. 118–159, div. A, title II, § 212, Dec. 23, 2024, 138 Stat. 1824.) Editorial Notes REFERENCES IN TEXT Section 222b of this title, referred to in subsec. (c)(1), was repealed by Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199. For provisions similar to those in former section 222b of this title, see section 5513 of this title. CODIFICATION Pub. L. 118–31, div. A, title II, § 211, Dec. 22, 2023, 137 Stat. 182, provided that this chapter was amended by inserting this section ‘‘after section 222d’’. Another sec- tion 222e, which is set out preceding this section, was subsequently added and inserted ‘‘after section 222d’’ by Pub. L. 118–31, div. A, title X, § 1002, Dec. 22, 2023, 137 Stat. 378. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159, § 212(1), substituted ‘‘the Secretary of Defense, after coordinating with the Secretaries of the military departments, shall’’ for ‘‘the Secretary of Defense shall’’. Subsec. (e)(3). Pub. L. 118–159, § 212(2), added par. (3). [§ 223. Repealed. Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199] Section, 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, re- lated to program elements for ballistic missile defense programs. See section 5511 of this title. Statutory Notes and Related Subsidiaries ACQUISITION ACCOUNTABILITY REPORTS ON THE BALLISTIC MISSILE DEFENSE SYSTEM Pub. L. 111–383, div. A, title II, § 225, Jan. 7, 2011, 124 Stat. 4170, related to acquisition baselines, elements of baselines, and annual reports, prior to repeal by Pub. L. 112–81, div. A, title II, § 231(b)(1), Dec. 31, 2011, 125 Stat. 1339. COOPERATIVE BALLISTIC MISSILE DEFENSE PROGRAM ELEMENT Pub. L. 105–85, div. A, title II, § 233, Nov. 18, 1997, 111 Stat. 1663, as amended by Pub. L. 107–314, div. A, title II, § 225(b)(4)(A), Dec. 2, 2002, 116 Stat. 2486, directed the Secretary of Defense to establish the Cooperative Bal- listic Missile Defense Program to support cooperative