10 U.S.C. § 226

Current through P.L. 118-78 (published on www.congress.gov on 07/30/2024)

Section 226 - Special operations forces: display of service-common and other support and enabling capabilities

(a) IN GENERAL.-The Secretary of Defense and the Secretary of each of the military departments 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 applicable appropriation showing service-common and other support and enabling capabilities for special operations forces requested by a military service or Defense Agency. Such budget justification displays shall include each of the following:

(1) Details at the appropriation and line item level, including any amount for service-common support, acquisition support, training, operations, pay and allowances, base operations 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 special operations forces for the fiscal year covered by the budget justification display when compared to the preceding fiscal year, including 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 anticipated future manpower and force structure changes are likely to have on the ability of each of the military services to provide service-common support and enabling capabilities to special operations forces.

(4) Any other matters the Secretary of Defense or the Secretary of a military department determines are relevant.

(b) CONSOLIDATED BUDGET JUSTIFICATION DISPLAY.-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 justification 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 provided in support of special operations that are not reflected in Major Force Program-11 or designated as special operations forces-peculiar.

10 U.S.C. § 226

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 PROVISIONSA prior section 226, added Pub. L. 102-190, div. A, title X, §1002(a)(1), Dec. 5, 1991, 105 Stat. 1455, §221; renumbered §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.

AMENDMENTS2021-Subsec. (a). Pub. L. 116-283, §1002(1)(A) -(D), inserted "of Defense and the Secretary of each of the military departments" after "Secretary" and substituted "2022" for "2021", "a budget justification display for each applicable appropriation" for "a consolidated budget justification display", and "displays shall include each of the following:" for "display shall include any amount for service-common or other capability development and acquisition, training, operations, 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).

Defense Agency: The term "Defense Agency" means an organizational entity of the Department of Defense-(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than such an entity that is designated by the Secretary as a Department of Defense Field Activity); or(B) that is designated by the Secretary of Defense as a Defense Agency.
military departments: The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
pay: The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.