10 U.S.C. § 222a (ARMED FORCES)
§ 222a. Unfunded priorities of the armed forces and combatant commands: annual report
(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, 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) Officers.—
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) Elements.—
(1) In general.—
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) Prioritization of priorities.—
Each report shall present the unfunded priorities covered by such report in order of urgency of priority.
(d) 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) is necessary to fulfill a requirement associated with an operational or contingency plan of a combatant command or other validated requirement; and
(3) would have been recommended for funding through the budget referred to in paragraph (1) by the officer submitting the report required by subsection (a) in connection with the budget if—
(A) additional resources been 1 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.
(Added Pub. L. 114–328, div. A, title X, § 1064(a)(1), Dec. 23, 2016, 130 Stat. 2408.)
heading: Annual Report on Unfunded Requirements for Laboratory Military Construction Projects
text: Pub. L. 115–91, div. B, title XXVIII, § 2806, Dec. 12, 2017, 131 Stat. 1847, provided that: “The Under Secretary of Defense for Research and Engineering, in coordination with the Assistant Secretary of Defense for Energy, Installations, and Environment, shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] each year, at the time the budget of the President for the fiscal year beginning in such year is submitted to Congress under section 1105(a) of title 31, United States Code, a reporting listing unfunded requirements on major and minor military construction projects for Department of Defense science and technology laboratories and facilities and test and evaluation facilities, and shall include a Department of Defense Form DD1391 for each major and minor military construction project included in the report.”