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November 9, 2021
Defense Primer: Department of Defense Unfunded Priorities
Introduction
reports on unfunded priorities of the services and
Department of Defense (DOD) unfunded priorities
COCOMs. In particular, the statute requires the service
generally refer to reports submitted to Congress pursuant to
chiefs and combatant commanders to submit within 10 days
United States Code provisions (10 U.S.C. §222a and 10
of the President’s budget request to Congress a report on
U.S.C. §222b) listing military programs, activities, or
the unfunded priorities of the service or command under
mission requirements that were not included in the
their jurisdiction. The statute requires the officers to submit
President’s annual budget request but that the department
the documents to the SECDEF, CJCS, and congressional
would fund with additional appropriations. The highest-
defense committees (i.e., the House and Senate Committees
ranking officers of the U.S. military services, combatant
on Armed Services and Appropriations). The reports are to
commands (COCOMs), and Missile Defense Agency
include items in order of priority and such information as
(MDA) submit the reports, which are sometimes called
the line item number in procurement accounts, program
unfunded priorities lists or unfunded requirements.
element number in research and development accounts, and
the sub-activity group in operation and maintenance
Some observers have described DOD unfunded priorities as
“wish lists” that reduce budget discipline and increase
accounts. The statute defines an unfunded priority, in part,
as a program, activity, or mission requirement that “is not
unnecessary spending. Others have described them as “risk
lists” that
funded in the budget of the President” and “is necessary to
identify items intended to support strategic
fulfill a requirement associated with an operational or
objectives.
contingency plan of a combatant command or other
For FY2022, DOD identified $23.85 billion in unfunded
validated requirement.” Section 1696 of the act established
priorities, according to CRS analysis of the documents.
a similar statutory requirement (10 U.S.C. §222b) for an
Congress is debating whether to increase funding in
annual report on unfunded priorities of MDA.
FY2022 defense authorization and appropriation legislation,
FY2020 NDAA. Section 1005 of P.L. 116-92 amended 10
in part to fund DOD unfunded priorities.
U.S.C. §222a to include certain military construction
Background
projects in annual reports on DOD unfunded priorities. The
section further defined a “covered military construction
For decades, reports accompanying defense authorization
project” as a project included in any fiscal year of the five-
and appropriation legislation have sometimes referenced
“unfunded requirements” of the military.
year Future Years Defense Program (FYDP) submitted with
The conference
the President’s budget request or considered by a combatant
report (H.Rept. 97-749) to accompany the National Defense
commander “to be an urgent need.”
Authorization Act for Fiscal Year 1983 (NDAA; P.L. 97-
252) authorized appropriations within the Operation and
FY2021 NDAA. Sections 924 and 1006 of P.L. 116-283
Maintenance, Air National Guard accounts for certain
amended 10 U.S.C. §222a to include among the officers
“unfunded requirements” (i.e., cold weather gear and
required to submit reports on unfunded priorities the Chief
chemical defense equipment). By the mid-1990s, according
of Space Operations and the Chief of the National Guard
to some accounts, the services routinely submitted lists of
Bureau, respectively. Section 1005 established the statutory
unfunded priorities to Congress. In the 2000s, conference
requirement of 10 U.S.C. §240i for the DOD Comptroller to
reports accompanying defense authorization and
submit a report on unfunded priorities related to audit
appropriation legislation sometimes referenced the
readiness and remediation. Section 1867 renumbered the
“unfunded priority list” of DOD or a military service, or the
statutory requirement for the Under Secretary of Defense
“unfunded requirements list” of a military service.
for Acquisition and Sustainment to submit a report on
unfunded priorities of the national technology and industrial
Selected Legislative History
base to 10 U.S.C. §4815.
FY2013 NDAA. Section 1003 of P.L. 112-239 included a
sense of Congress provision expressing the position that
FY2022 Unfunded Priorities
certain military officers should submit to Congress, through
Secretary of Defense Lloyd J. Austin has said the FY2022
the Chairman of the Joint Chiefs of Staff (CJCS) and the
President’s budget request meets DOD requirements.
Secretary of Defense (SECDEF), “a list of any priority
Chairman of the Joint Chiefs of Staff Mark A. Milley has
military programs or activities under the jurisdiction of such
said unfunded priorities lists provide a “flexibility option”
officer for which, in the estimate of such officer additional
for lawmakers. The military services, combatant
funds, if available, would substantially reduce operational
commands, and MDA submitted a total of $23.85 billion in
or programmatic risk or accelerate the creation or fielding
unfunded priorities for FY2022 (see Table 1).
of a critical military capability.”
FY2017 NDAA. Section 1064 of P.L. 114-328 established
the statutory requirement of 10 U.S.C. §222a for annual
https://crsreports.congress.gov
Defense Primer: Department of Defense Unfunded Priorities
Table 1. Summary of FY2022 DOD Unfunded
describe a requirement; others provide a line item in a
Priorities Amounts
spreadsheet. Some include appropriation account codes;
(in dollars)
others include appropriation account acronyms. Most are
unclassified; some are marked “Controlled Unclassified
Component
Amount
Information” (CUI) or “For Official Use Only” (FOUO).
Air Force
$4,180,450,000
Selected FY2022 Legislative Activity
Army
$6,421,287,000
During the House Armed Services Committee markup of its
version of the FY2022 NDAA (H.R. 4350), Representative
Marine Corps
$2,957,600,000
Mike Rogers offered an amendment to increase
Navy
$6,339,300,000
appropriations authorized in the bill by $23.9 billion,
saying, “My amendment includes member priorities from
Space Force
$831,900,000
both Republican and Democrat members and unfunded
National Guard Bureau
$262,300,000
priorities from the combatant commands and services.” The
committee voted to adopt the amendment 42-17. Among
Africa Command
$161,500,000
those who voted against the amendment was Chairman
Central Command
$324,400,000
Adam Smith, who has described unfunded priorities as a
“forcing mechanism” to increase the defense budget. The
Cyber Command
$93,400,000
House-passed FY2022 NDAA would authorize $768.1
billion for programs within the scope of the legislation—
European Command
$368,289,000
$25 billion more than requested, according to H.Rept. 117-
Indo-Pacific Command
$889,940,000
118. During floor debate of the bill, Representative Kurt
Schrader offered an amendment to limit the reporting
Northern Command
$134,500,000
requirement of 10 U.S.C. §222a to the military services and
Southern Command
$162,728,000
Special Operations Command and to eliminate 10 U.S.C.
§222b. The House voted against the amendment 167-256.
Space Command
$67,000,000
Special Operations Command
$286,386,000
In releasing a version of the Department of Defense
Appropriations Act, 2022 (Division A of S. 3023), the
Missile Defense Agency
$367,528,000
Senate Appropriations Committee recommended $725.8
Total
$23,848,508,000
billion for programs within the scope of the legislation—
$19.3 billion more than requested—with “increases to
Source: CRS analysis of FY2022 DOD unfunded priorities.
selected high-priority items identified on the unfunded
Notes: Strategic Command and Transportation Command did not
priority lists of the service chiefs and combatant
submit unfunded priorities for FY2022.
commands,” according to the accompanying explanatory
statement. The panel expressed concern over the Navy’s
Of the $23.85 billion identified in unfunded priorities for
decision to list a destroyer as its top unfunded priority and
FY2022, the military services (i.e., Army, Navy, Marine
questioned “whether the Navy’s budget requests accurately
Corps, Air Force, and Space Force), National Guard
reflect the service’s most important priorities.”
Bureau, and MDA accounted for $21.4 billion of the total
(90%); the combatant commands $2.5 billion (10%).
Potential Issues for Congress
Strategic Command and Transportation Command did not
How might unfunded priorities influence Congress’s
submit unfunded priorities for FY2022. Navy Admiral
ability to make changes to the defense budget
Charles A. Richard, Commander of Strategic Command,
irrespective of DOD’s support?
wrote to lawmakers, “The Department made extensive
efforts to thoroughly assess, prioritize, and balance force
How might the submission of unfunded priorities
capacity, capability, and readiness ... I am satisfied
without the approval of the Secretary of Defense affect
USSTRATCOM priorities are adequately addressed in the
civil-military relations?
Department of Defense’s portion of the President’s budget.”
How might a lack of a standard format for unfunded
Combined, DOD unfunded priorities for FY2022 contained
priorities lists affect the level of effort required for
several hundred individual budget line items, from air-
congressional oversight?
defense activities estimated at $110,000 to major weapon
systems valued at more than $1 billion. Topping the lists in
How might the classification level of certain unfunded
terms of dollar amount was $1.7 billion identified by the
priorities lists affect congressional oversight and
Navy to procure a second guided-missile destroyer (DDG-
influence public opinion?
51) in FY2022. The service said the funding is needed to
complete a multi-ship procurement and to conduct multiple
missions in a “demanding” environment.
Maureen Trujillo, US Air Force Fellow
Brendan W. McGarry, Analyst in U.S. Defense Budget
DOD unfunded priorities lists typically lack a standard
format and can vary in their presentation and classification
IF11964
of information. Some FY2022 lists include a narrative to
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Defense Primer: Department of Defense Unfunded Priorities
Disclaimer
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