10 U.S.C. § 226 — Special operations forces: display of serv-

Page 315 TITLE 10—ARMED FORCES § 226 efforts between the United States and other nations that contributed to United States ballistic missile de- fense capabilities. § 223a. Ballistic missile defense programs: pro- curement (a) BUDGET JUSTIFICATION MATERIALS.—In the budget justification materials submitted to Con- gress 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 speci- fy, for each ballistic missile defense system ele- ment 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 admin- istration of the acquisition of that element is to be transferred from the Director of the Mis- sile Defense Agency to the Secretary of a mili- tary 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 esti- mate of the amount necessary for procurement for each ballistic missile defense system ele- ment, together with a discussion of the under- lying factors and reasoning justifying the esti- mate. (c) PERFORMANCE CRITERIA.—The Director of the Missile Defense Agency shall include in the performance criteria prescribed for planned de- velopment phases of the ballistic missile defense system and its elements a description of the in- tended effectiveness of each such phase against foreign adversary capabilities. (Added Pub. L. 108–136, div. A, title II, § 223(a)(1), Nov. 24, 2003, 117 Stat. 1420; amended Pub. L. 113–291, div. A, title X, § 1060(a)(1), Dec. 19, 2014, 128 Stat. 3502.) Editorial Notes AMENDMENTS 2014—Subsec. (d). Pub. L. 113–291 struck out subsec. (d). Text read as follows: ‘‘The Director of Operational Test and Evaluation shall make available for review by the congressional defense committees the develop- mental and operational test plans established to assess the effectiveness of the ballistic missile defense system and its elements with respect to the performance cri- teria described in subsection (c).’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (a) of this section requiring submittal of an- nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. IMPLEMENTATION OF REQUIREMENT FOR AVAILABILITY OF TEST PLANS Pub. L. 108–136, div. A, title II, § 223(b), Nov. 24, 2003, 117 Stat. 1420, directed that subsec. (d) of this section was to be implemented not later than Mar. 1, 2004. [§ 224. Repealed. Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199] Section, 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, related to display of amounts for research, development, test, and evaluation for bal- listic missile defense programs. See section 5512 of this title. [§ 225. Repealed. Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199] Section, 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, provided for acquisition accountability re- ports on the ballistic missile defense system. See sec- tion 5514 of this title. § 226. Special operations forces: display of serv- ice-common and other support and enabling capabilities (a) IN GENERAL.—The Secretary of Defense and the Secretary of each of the military depart- ments 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 ap- plicable appropriation showing service-common and other support and enabling capabilities for special operations forces requested by a military service or Defense Agency. Such budget jus- tification displays shall include each of the fol- lowing: (1) Details at the appropriation and line item level, including any amount for service- common support, acquisition support, train- ing, operations, pay and allowances, base oper- ations 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 spe- cial operations forces for the fiscal year cov- ered by the budget justification display when compared to the preceding fiscal year, includ- ing 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 antici- pated future manpower and force structure changes are likely to have on the ability of each of the military services to provide serv- ice-common support and enabling capabilities to special operations forces. (4) Any other matters the Secretary of De- fense or the Secretary of a military depart- ment determines are relevant. (b) CONSOLIDATED BUDGET JUSTIFICATION DIS- PLAY.—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 jus- 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.