II 118THCONGRESS 1 STSESSION S. 2455 To require the Secretary of Defense to submit to Congress annual reports on the unfunded priorities of the Department of Defense-wide research, development, test, and evaluation activities, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY20, 2023 Mr. R OUNDS(for himself and Mr. MANCHIN) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Secretary of Defense to submit to Congress annual reports on the unfunded priorities of the Depart- ment of Defense-wide research, development, test, and evaluation activities, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Research, Develop-4 ment, Test and Evaluation Unmet Needs Act of 2023’’. 5 VerDate Sep 11 2014 03:52 Aug 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2455.IS S2455 kjohnson on DSK79L0C42PROD with BILLS 2 •S 2455 IS SEC. 2. ANNUAL REPORT ON UNFUNDED PRIORITIES FOR 1 RESEARCH, DEVELOPMENT, TEST, AND EVAL-2 UATION ACTIVITIES. 3 (a) I NGENERAL.—Chapter 9 of title 10, United 4 States Code, is amended by inserting after section 222d 5 the following new section: 6 ‘‘§ 222e. Unfunded priorities for research, develop-7 ment, test, and evaluation activities 8 ‘‘(a) A NNUALREPORT.—Not later than 10 days after 9 the date on which the budget of the President for a fiscal 10 year is submitted to Congress pursuant to section 1105 11 of title 31, the Secretary of Defense shall submit to the 12 congressional defense committees a report on the un-13 funded priorities of the Department of Defense-wide re-14 search, development, test, and evaluation activities. 15 ‘‘(b) C ONTENTS.— 16 ‘‘(1) I N GENERAL.—Except as provided in sub-17 section (c), each report submitted under subsection 18 (a) shall specify, for each unfunded priority covered 19 by such report, the following: 20 ‘‘(A) A summary description of such pri-21 ority, including the objectives to be achieved if 22 such priority is funded (whether in whole or in 23 part). 24 VerDate Sep 11 2014 03:52 Aug 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2455.IS S2455 kjohnson on DSK79L0C42PROD with BILLS 3 •S 2455 IS ‘‘(B) The additional amount of funds rec-1 ommended in connection with the objectives 2 under subparagraph (A). 3 ‘‘(C) Account information with respect to 4 such priority, including the following (as appli-5 cable): 6 ‘‘(i) Line Item Number (LIN) for ap-7 plicable procurement accounts. 8 ‘‘(ii) Program Element (PE) number 9 for applicable research, development, test, 10 and evaluation accounts. 11 ‘‘(2) P RIORITIZATION OF PRIORITIES.—The re-12 port under subsection (a) shall present the unfunded 13 priorities covered by such report in order of urgency 14 of priority. 15 ‘‘(c) E XCLUSION OFPRIORITIESCOVERED INOTHER 16 R EPORTS.—The report submitted under subsection (a) 17 shall not include unfunded priorities or requirements cov-18 ered in reports submitted under— 19 ‘‘(1) section 222a or 222b; or 20 ‘‘(2) section 2806 of the National Defense Au-21 thorization Act for Fiscal Year 2018 (Public Law 22 115–91; 10 U.S.C. 222a note). 23 ‘‘(d) U NFUNDEDPRIORITYDEFINED.—In this sec-24 tion, the term ‘unfunded priority’, in the case of a fiscal 25 VerDate Sep 11 2014 03:52 Aug 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2455.IS S2455 kjohnson on DSK79L0C42PROD with BILLS 4 •S 2455 IS year, means a program, activity, or mission requirement, 1 that— 2 ‘‘(1) is not funded in the budget of the Presi-3 dent for the fiscal year as submitted to Congress 4 pursuant to section 1105 of title 31; and 5 ‘‘(2) would have been recommended for funding 6 through that budget if— 7 ‘‘(A) additional resources had been avail-8 able for the budget to fund the program, activ-9 ity, or mission requirement; or 10 ‘‘(B) the program, activity, or mission re-11 quirement has emerged since the budget was 12 formulated.’’. 13 (b) C LERICALAMENDMENT.—The table of sections 14 at the beginning of chapter 9 of such title is amended by 15 inserting after the item relating to section 222d the fol-16 lowing new item: 17 ‘‘222e. Annual report on unfunded priorities for research, development, test, and evaluation activities.’’. Æ VerDate Sep 11 2014 03:52 Aug 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S2455.IS S2455 kjohnson on DSK79L0C42PROD with BILLS