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LegalText 10 U.S.C. § 222f Unfunded priorities of the Under Secretary of Defense for Research and Engineering: annual report us united_states_code code_section 10 ARMED FORCES 9 DEFENSE BUDGET MATTERS 222f 10 U.S.C. § 222f current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s222f data/legal/raw/us/code/title-10/usc10.xml 537c13c3b444ba55e2fac55401f0994c574cf355f8ea16c1915ba6b66b75582b 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 75c528d6064d032ed002f13e16afc75b154cb656451c3926aaa1602dfbb0aecd 2026-07-04 official
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10 U.S.C. § 222f - Unfunded priorities of the Under Secretary of Defense for Research and Engineering: annual report

Text

(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, 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 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 11591; 10 U.S.C. 222a note).

(d) Form of Report.— Each report submitted under subsection (a) shall be submitted in classified form, but may include an unclassified summary as the Secretary considers appropriate.

(e) Unfunded Priority Defined.— In this section, 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 President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;

(2) would have been recommended for funding 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 requirement 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. 11831, div. A, title II, § 211, Dec. 22, 2023, 137 Stat. 182, § 222e; amended Pub. L. 118159, div. A, title II, § 212, Dec. 23, 2024, 138 Stat. 1824; renumbered § 222f, Pub. L. 11960, div. A, title XVII, § 1701(a)(7), Dec. 18, 2025, 139 Stat. 1208.)

Notes

Editorial Notes

References in TextSection 222b of this title, referred to in subsec. (c)(1), was repealed by Pub. L. 118159, 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.

Amendments2025—Pub. L. 11960 renumbered section 222e of this title relating to annual report on unfunded priorities of the Under Secretary of Defense for Research and Engineering as this section. 2024—Subsec. (a). Pub. L. 118159, § 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. 118159, § 212(2), added par. (3).