§ 222a. Unfunded priorities of the armed forces and combatant commands: annual report

• (a) 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) 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 commanders of the combatant commands established under section 161 of this title .
• (c)
  • (1) 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 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) Each report shall present the unfunded priorities covered by such report as follows:
    • (A) In overall order of urgency of priority.
    • (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.
• (d) 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 been 1 1 So in original. Probably should be preceded by “had”. 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.