10 U.S.C. § 229 — Programs for combating terrorism: display

Page 316 TITLE 10—ARMED FORCES § 227 tification 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 pro- vided in support of special operations that are not reflected in Major Force Program–11 or des- ignated 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.) Editorial Notes PRIOR PROVISIONS A prior section 226, added Pub. L. 102–190, div. A, title X, § 1002(a)(1), Dec. 5, 1991, 105 Stat. 1455, § 221; renum- bered § 226, Pub. L. 102–484, div. A, title X, § 1002(a)(1), Oct. 23, 1992, 106 Stat. 2480; amended Pub. L. 103–160, div. A, title XI, § 1104, Nov. 30, 1993, 107 Stat. 1749; Pub. L. 108–136, div. A, title X, § 1031(a)(5), Nov. 24, 2003, 117 Stat. 1596; Pub. L. 109–364, div. A, title X, § 1007, Oct. 17, 2006, 120 Stat. 2373, related to scoring of outlays by the Director of the Office of Management and Budget and the Director of the Congressional Budget Office, prior to repeal by Pub. L. 112–81, div. A, title X, § 1061(3)(A), Dec. 31, 2011, 125 Stat. 1583. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 1002(1)(A)–(D), in- serted ‘‘of Defense and the Secretary of each of the military departments’’ after ‘‘Secretary’’ and sub- stituted ‘‘2022’’ for ‘‘2021’’, ‘‘a budget justification dis- play for each applicable appropriation’’ for ‘‘a consoli- dated budget justification display’’, and ‘‘displays shall include each of the following:’’ for ‘‘display shall in- clude any amount for service-common or other capa- bility development and acquisition, training, oper- ations, pay, base operations sustainment, and other common services and support.’’ Subsec. (a)(1) to (4). Pub. L. 116–283, § 1002(1)(E), added pars. (1) to (4). Subsecs. (b), (c). Pub. L. 116–283, § 1002(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c). § 227. Budget justification for covered military unaccompanied housing Facilities Sustainment, Restoration, and Moderniza- tion projects (a) IN GENERAL.—Along with the budget for each fiscal year submitted by the President pur- suant to section 1105(a) of title 31, United States Code, each Secretary of a military department shall include a consolidated budget justification display for the congressional defense commit- tees that individually identifies— (1) for the fiscal year covered by the budget, the total requested expenditure for Facilities Sustainment, Restoration, and Modernization projects for covered military unaccompanied housing compared to the total expenditure re- quired by such projects, disaggregated by mili- tary department; and (2) the total expenditure for Facilities Sustainment, Restoration, and Modernization projects made during the fiscal year beginning two years before the fiscal year covered by the budget, disaggregated by— (A) military installation; (B) the type of facility repaired or restored under such repair projects; (C) the number of such repair projects that were for sustainment or repair of a facility; and (D) the number of such repair projects that were for restoration or modernization of a facility. (b) DEFINITIONS.—In this section: (1) The term ‘‘covered military unaccom- panied housing’’ has the meaning given in sec- tion 2856 of this title. (2) The terms ‘‘facility’’ and ‘‘military in- stallation’’ have the meanings given, respec- tively, in section 2801 of this title. (3) The term ‘‘repair project’’ has the mean- ing given in section 2811 of this title. (Added Pub. L. 118–159, div. B, title XXVIII, § 2821, Dec. 23, 2024, 138 Stat. 2253.) Editorial Notes PRIOR PROVISIONS A prior section 227, added Pub. L. 103–160, div. A, title III, § 374(a), Nov. 30, 1993, 107 Stat. 1636, directed Sec- retary of Defense to include recruiting costs in budget justification documents submitted to Congress each year in connection with submission of budget, prior to repeal by Pub. L. 104–106, div. A, title X, § 1061(f)(1), Feb. 10, 1996, 110 Stat. 443. [§ 228. Repealed. Pub. L. 114–92, div. A, title X, § 1073(a)(1), Nov. 25, 2015, 129 Stat. 995] Section, added Pub. L. 105–85, div. A, title III, § 321(a)(1), Nov. 18, 1997, 111 Stat. 1672; amended Pub. L. 107–314, div. A, title III, § 361, Dec. 2, 2002, 116 Stat. 2519; Pub. L. 108–136, div. A, title X, §§ 1031(a)(6)(A), (B)(i), 1043(b)(5), Nov. 24, 2003, 117 Stat. 1596, 1611; Pub. L. 112–81, div. A, title X, § 1064(4)(A), (B)(i), Dec. 31, 2011, 125 Stat. 1587, related to biannual reports on allocation of funds within operation and maintenance budget sub- activities. § 229. Programs for combating terrorism: display of budget information (a) SUBMISSION WITH ANNUAL BUDGET JUS- TIFICATION DOCUMENTS.—The Secretary of De- fense shall submit to Congress, as a part of the documentation that supports the President’s an- nual 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 in- clude— (1) the amount requested, by appropriation and functional area, for each of the program elements, projects, and initiatives that sup- port the Department of Defense combating terrorism program, with supporting narrative descriptions and rationale for the funding lev- els requested; and (2) a summary, to the program element and project level of detail, of estimated expendi- tures for the current year, funds requested for the budget year, and budget estimates through the completion of the current future-years de- fense plan for the Department of Defense com- bating terrorism program. Page 317 TITLE 10—ARMED FORCES § 229 (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 in- formation submitted under subsection (b) for that fiscal year, and (B) the information pro- vided to the Director of the Office of Manage- ment and Budget in support of the annual re- port 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 exe- cution, during the previous fiscal year and the current fiscal year, of programs and activities of the Department of Defense combating ter- rorism program, and (B) the funding and speci- fication for such programs and activities for those fiscal years in the manner provided by Congress (both in statutes and in relevant leg- islative history). (d) DEPARTMENT OF DEFENSE COMBATING TER- RORISM PROGRAM.—In this section, the term ‘‘Department of Defense combating terrorism program’’ means the programs, projects, and ac- tivities 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.) Editorial Notes REFERENCES IN TEXT Section 1051(b) of the National Defense Authorization Act for Fiscal Year 1998, referred to in subsec. (c)(1), is section 1051(b) of Pub. L. 105–85, which is set out as a note under section 1113 of Title 31, Money and Finance. AMENDMENTS 2017—Subsec. (e). Pub. L. 115–91 added subsec. (e). 2015—Subsecs. (d), (e). Pub. L. 114–92 redesignated subsec. (e) as (d) and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: ‘‘The Secretary shall submit to the congressional de- fense committees a semiannual report on the obliga- tion and expenditure of funds for the Department of De- fense combating terrorism program. Such reports shall be submitted not later than April 15 each year, with re- spect to the first half of a fiscal year, and not later than November 15 each year, with respect to the second half of a fiscal year. Each such report shall compare the amounts of those obligations and expenditures to the amounts authorized and appropriated for the De- partment of Defense combating terrorism program for that fiscal year, by budget activity, sub-budget activ- ity, and program element or line item. The second re- port for a fiscal year shall show such information for the second half of the fiscal year and cumulatively for the whole fiscal year. The report shall be submitted in unclassified form, but may have a classified annex.’’ 2003—Subsec. (f). Pub. L. 108–136 struck out heading and text of subsec. (f). Text read as follows: ‘‘In this section, the term ‘congressional defense committees’ means— ‘‘(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and ‘‘(B) the Committee on Armed Services and the Committee on Appropriations of the House of Rep- resentatives.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. PRIORITIZATION OF FUNDS FOR EQUIPMENT READINESS AND STRATEGIC CAPABILITY Pub. L. 109–364, div. A, title III, § 323, Oct. 17, 2006, 120 Stat. 2146, as amended by Pub. L. 110–181, div. A, title III, § 353, Jan. 28, 2008, 122 Stat. 72; Pub. L. 111–383, div. A, title III, § 332(a)–(f), Jan. 7, 2011, 124 Stat. 4185, 4187; Pub. L. 113–66, div. A, title III, § 332, Dec. 26, 2013, 127 Stat. 739, provided that: ‘‘(a) PRIORITIZATION OF FUNDS.—The Secretary of De- fense shall take such steps as may be necessary through the planning, programming, budgeting, and execution systems of the Department of Defense to en- sure that financial resources are provided for each fis- cal year as necessary to enable— ‘‘(1) the Secretary of each military department to meet the requirements of that military department for that fiscal year for the repair, recapitalization, and replacement of equipment used in overseas con- tingency operations; and ‘‘(2) the Secretary of the Army to meet the require- ments of the Army, and the Secretary of the Navy to meet the requirements of the Marine Corps, for that fiscal year, in addition to the requirements under paragraph (1), for the reconstitution of equipment and materiel in prepositioned stocks in accordance with requirements under the policy or strategy im- plemented under the guidelines in section 2229 of title 10, United States Code. ‘‘(b) SUBMISSION OF BUDGET INFORMATION.— ‘‘(1) SUBMISSION OF INFORMATION.—As part of the budget justification materials submitted to Congress in support of the President’s budget for a fiscal year or a request for supplemental appropriations, the Secretary of Defense shall include the following: ‘‘(A) The information described in paragraph (2) for the fiscal year for which the budget justifica- tion materials are submitted, the fiscal year during which the materials are submitted, and the pre- ceding fiscal year. ‘‘(B) The information described in paragraph (2) for each of the fiscal years covered by the future- years defense program for the fiscal year in which the report is submitted based on estimates of any amounts required to meet each of the requirements under subsection (a) that are not met for that fiscal year and are deferred to the future-years defense program. ‘‘(C) A consolidated budget justification summary of the information submitted under subparagraphs (A) and (B). ‘‘(2) INFORMATION DESCRIBED.—The information de- scribed in this paragraph is information that clearly and separately identifies, by appropriations account, budget activity, activity group, sub-activity group, and program element or line item, the amounts re- quested for the programs, projects, and activities of— ‘‘(A) each of the military departments for the re- pair, recapitalization, or replacement of equipment used in overseas contingency operations; and ‘‘(B) the Army and the Marine Corps for the re- constitution of equipment and materiel in prepositioned stocks. ‘‘(c) CONTINGENCY OPERATION DEFINED.—In this sec- tion, the term ‘contingency operation’ has the meaning Page 318 TITLE 10—ARMED FORCES [§ 230 given that term in section 101(a)(13) of title 10, United States Code.’’ QUARTERLY DETAILED ACCOUNTING FOR OPERATIONS CONDUCTED AS PART OF THE GLOBAL WAR ON TER- RORISM Pub. L. 108–375, div. A, title X, § 1041, Oct. 28, 2004, 118 Stat. 2048, which required the Secretary of Defense to submit quarterly reports on Operation Iraqi Freedom, Operation Enduring Freedom, Operation Noble Eagle, and any other operation designated by the President as being an operation of the Global War on Terrorism, was repealed by Pub. L. 112–81, div. A, title X, § 1062(f)(2), Dec. 31, 2011, 125 Stat. 1585. [§ 230. Repealed. Pub. L. 107–314, div. A, title X, § 1041(a)(2)(A), Dec. 2, 2002, 116 Stat. 2645] Section, added Pub. L. 106–65, div. A, title X, § 1041(a)(1), Oct. 5, 1999, 113 Stat. 758; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1075(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–280, related to inclusion in the budget justification materials submitted to Congress of spe- cific identification of amounts required for declas- sification of records. § 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 ves- sels 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 fu- ture-years defense program submitted to Con- gress in relation to such budget under section 221 of this title provide for funding of the con- struction of naval vessels at a level that is suf- ficient for the procurement of the vessels pro- vided for in the plan under paragraph (1) on the schedule provided in that plan, together with the views of the Chief of Naval Oper- ations 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 para- graph (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 na- tional 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 secu- rity strategy report required under such section 108 has not been submitted to Congress as re- quired by paragraph (2) or paragraph (3), if appli- cable, 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 ves- sel force structure and capabilities to meet the requirements of the national security strategy of the United States or the most re- cent 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, to- gether 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 ves- sels delivered under the naval vessel construc- tion 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 begin- ning on the date of the submittal of the re- port, a description of the planned disposition of each such ship following such inactivation and the potential gaps in warfighting capa- bility that will result from such ship being re- moved 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 ef- fects 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 pro- gram for which a replacement production program is proposed, a detailed schedule for