§221. Future-years defense program: submission to Congress; consistency in budgeting

(a) The Secretary of Defense shall submit to Congress each year, at or about the time that the President's budget is submitted to Congress that year under section 1105(a) of title 31, a future-years defense program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years defense program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.

(b)(1) The Secretary of Defense shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year.

(2) Amounts referred to in paragraph (1) are the following:

(A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105(a) of title 31 for any fiscal year, as shown in the future-years defense program submitted pursuant to subsection (a).

(B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included pursuant to paragraph (5) of section 1105(a) of title 31 in the budget submitted to Congress under that section for any fiscal year.

(c) Nothing in this section shall be construed to prohibit the inclusion in the future-years defense program of amounts for management contingencies, subject to the requirements of subsection (b).

(Added Pub. L. 101–189, div. A, title XVI, §1602(a)(1), Nov. 29, 1989, 103 Stat. 1596 , §114a; amended Pub. L. 101–510, div. A, title XIV, §1402(a)(1)–(3)(A), Nov. 5, 1990, 104 Stat. 1674 ; renumbered §221 and amended Pub. L. 102–484, div. A, title X, §1002(c), Oct. 23, 1992, 106 Stat. 2480 .)

Prior Provisions

A prior section 221 was renumbered section 226 of this title.

Amendments

1992-Pub. L. 102–484 renumbered section 114a of this title as this section, amended section catchline generally, and substituted "future-years" for "multiyear" wherever appearing in text.

1990-Pub. L. 101–510, §1402(a)(3)(A), which directed amendment of section catchline by substituting "Multiyear" for "Five-year", was executed by substituting "Multiyear" for "Five-Year" as the probable intent of Congress.

Subsec. (a). Pub. L. 101–510, §1402(a)(1), (2), substituted "a multiyear" for "the current five-year" and inserted at end "Any such multiyear defense program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years."

Subsecs. (b)(2)(A), (c). Pub. L. 101–510, §1402(a)(2)(A), substituted "multiyear" for "five-year".

Major Force Program Category for Space

Pub. L. 110–116, div. A, title VIII, §8111, Nov. 13, 2007, 121 Stat. 1339 , provided that: "The Secretary of Defense shall create a major force program category for space for the Future Years Defense Program of the Department of Defense. The Secretary of Defense shall designate an official in the Office of the Secretary of Defense to provide overall supervision of the preparation and justification of program recommendations and budget proposals to be included in such major force program category."

Request for Funds for Ongoing Military Operation Overseas

Pub. L. 110–116, div. A, title VIII, §8116, Nov. 13, 2007, 121 Stat. 1340 , provided that: "Any request for funds for a fiscal year after fiscal year 2008 for an ongoing military operation overseas, including operations in Afghanistan and Iraq, shall be included in the annual budget of the President for such fiscal year as submitted to Congress under section 1105(a) of title 31, United States Code."

Annual Report on Personnel Security Investigations for Industry and National Industrial Security Program

Pub. L. 109–364, div. A, title III, §347(a), (b), Oct. 17, 2006, 120 Stat. 2158 , provided that:

"(a) Annual Report Required.-The Secretary of Defense shall include in the budget justification documents submitted to Congress in support of the President's budget for the Department of Defense for each fiscal year, a report on the future requirements of the Department of Defense with respect to the Personnel Security Investigations for Industry and the National Industrial Security Program of the Defense Security Service.

"(b) Contents of Report.-Each report required to be submitted under subsection (a) shall include the following:

"(1) The funding requirements of the personnel security clearance investigation program and ability of the Secretary of Defense to fund the program.

"(2) The size of the personnel security clearance investigation process backlog.

"(3) The length of the average delay for an individual case pending in the personnel security clearance investigation process.

"(4) Any progress made by the Secretary of Defense during the 12 months preceding the date on which the report is submitted toward implementing planned changes in the personnel security clearance investigation process.

"(5) A determination certified by the Secretary of Defense of whether the personnel security clearance investigation process has improved during the 12 months preceding the date on which the report is submitted."

Budgeting for Ongoing Military Operations in Afghanistan and Iraq

Pub. L. 109–364, div. A, title X, §1008, Oct. 17, 2006, 120 Stat. 2374 , provided that: "The President's budget submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for each fiscal year after fiscal year 2007 shall include-

"(1) a request for the appropriation of funds for such fiscal year for ongoing military operations in Afghanistan and Iraq;

"(2) an estimate of all funds expected to be required in that fiscal year for such operations; and

"(3) a detailed justification of the funds requested."

Separate Program Elements Required for Significant Systems Development and Demonstration Projects for Armored Systems Modernization Program

Pub. L. 109–163, div. A, title II, §214, Jan. 6, 2006, 119 Stat. 3168 , provided that:

"(a) Program Elements Specified.-Effective for the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2008 and each fiscal year thereafter, the Secretary of Defense shall ensure that a separate, dedicated program element is assigned to each of the following systems development and demonstration projects of the Armored Systems Modernization program:

"(1) Manned Ground Vehicles.

"(2) Systems of Systems Engineering and Program Management.

"(3) Future Combat Systems Reconnaissance Platforms and Sensors.

"(4) Future Combat Systems Unmanned Ground Vehicles.

"(5) Unattended Sensors.

"(6) Sustainment.

"(b) Early Commencement of Display in Budget Justification Materials.-As part of the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2007, as submitted with the budget of the President under such section 1105(a), the Secretary of the Army shall set forth the budget justification material for the systems development and demonstration projects of the Armored Systems Modernization program identified in subsection (a) as if the projects were already separate program elements.

"(c) Technology Insertion to Current Force.-

"(1) Report on establishment of additional program element.-Not later than June 1, 2006, the Secretary of the Army shall submit a report to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] describing the manner in which the costs of integrating Future Combat Systems capabilities into current force programs could be assigned to a separate, dedicated program element and any management issues that would be raised as a result of establishing such a program element.

"(2) Display in budget justification materials.-As part of the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2007 and each fiscal year thereafter, as submitted with the budget of the President under such section 1105(a), the Secretary of the Army shall set forth the budget justification material for technology insertion to the current force under the Armored Systems Modernization program."

Annual Submission of Information Regarding Information Technology Capital Assets

Pub. L. 107–314, div. A, title III, §351, Dec. 2, 2002, 116 Stat. 2516 , provided that:

"(a) Requirement To Submit Information.-Not later than 30 days after the date on which the President submits the budget for a fiscal year to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of Defense shall submit to Congress information on the following information technology capital assets, including information technology capital assets that are a national security system, of the Department of Defense:

"(1) Information technology capital assets not covered by paragraph (2) that have an estimated total cost for the fiscal year for which the budget is submitted in excess of $10,000,000.

"(2) Information technology capital assets that have an estimated total cost for the fiscal year for which the budget is submitted in excess of $30,000,000 and an estimated total life cycle cost (as computed in fiscal year 2003 constant dollars) in excess of $120,000,000.

"(b) Required Information For Low-Threshold Assets.-With respect to each information technology capital asset described in subsection (a)(1), the Secretary of Defense shall include the following information:

"(1) The name of the information technology capital asset.

"(2) The function of the asset.

"(3) The total cost of the asset for the fiscal year for which the budget is submitted, the current fiscal year, and the preceding fiscal year.

"(c) Required Information For High-Threshold Assets.-With respect to each information technology capital asset described in subsection (a)(2), the Secretary of Defense shall include the following information:

"(1) The name and identifying acronym of the information technology capital asset.

"(2) The date of initiation of the asset.

"(3) A summary of performance measurements and metrics.

"(4) The total amount of funds, by appropriation account, appropriated and obligated for prior fiscal years, with a specific breakout of such information for the two preceding fiscal years.

"(5) The funds, by appropriation account, requested for the next fiscal year.

"(6) The name of each prime contractor and the work to be performed.

"(7) Program management and management oversight information.

"(8) The original baseline cost and most current baseline information.

"(9) Information regarding compliance with the provisions of law enacted or amended by the Government Performance Results Act of 1993 (Public Law 103–62; 107 Stat. 285) [see Short Title of 1993 Amendment note under 31 U.S.C. 1101] and the Clinger–Cohen Act of 1996 (divisions D and E of Public Law 104–106; 110 Stat. 642) [§§5001–5703 and §§4001–4402, see Tables for classification].

"(d) Total Cost Determinations.-In estimating the total cost for a fiscal year or total life cycle cost of an information technology capital asset, the Secretary of Defense shall consider research and development costs, procurement costs, and operation and maintenance costs related to the information technology capital asset.

"(e) Definitions.-In this section:

"(1) The term 'information technology' has the meaning given that term in section 11101 of title 40, United States Code.

"(2) The term 'capital asset' has the meaning given that term in Office of Management and Budget Circular A–11.

"(3) The term 'national security system' has the meaning given that term in section 11103 of title 40, United States Code."

Department of Defense Requests for Funds for Environmental Restoration at BRAC Sites in Future Fiscal Years

Pub. L. 107–249, §131, Oct. 23, 2002, 116 Stat. 1586 , provided that:

"(a) Requests for Funds for Environmental Restoration at BRAC Sites in Future Fiscal Years.-In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year after fiscal year 2003, the amount requested for environmental restoration, waste management, and environmental compliance activities in such fiscal year with respect to military installations approved for closure or realignment under the base closure laws shall accurately reflect the anticipated cost of such activities in such fiscal year.

"(b) Base Closure Laws Defined.-In this section, the term 'base closure laws' means the following:

"(1) Section 2687 of title 10, United States Code.

"(2) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).

"(3) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note)."

Similar provisions were contained in the following prior appropriation act:

Pub. L. 107–64, §131, Nov. 5, 2001, 115 Stat. 482 .

Budget Justification Documents for Costs of Armed Forces' Participation in Contingency Operations

Pub. L. 107–248, title VIII, §8132, Oct. 23, 2002, 116 Stat. 1568 , provided that: "The budget of the President for fiscal year 2004 submitted to the Congress pursuant to section 1105 of title 31, United States Code, and each annual budget request thereafter, shall include separate budget justification documents for costs of United States Armed Forces' participation in contingency operations for the Military Personnel accounts, the Overseas Contingency Operations Transfer Fund, the Operation and Maintenance accounts, and the Procurement accounts: Provided, That these budget justification documents shall include a description of the funding requested for each anticipated contingency operation, for each military service, to include active duty and Guard and Reserve components, and for each appropriation account: Provided further, That these documents shall include estimated costs for each element of expense or object class, a reconciliation of increases and decreases for ongoing contingency operations, and programmatic data including, but not limited to troop strength for each active duty and Guard and Reserve component, and estimates of the major weapons systems deployed in support of each contingency: Provided further, That these documents shall include budget exhibits OP–5 and OP–32, as defined in the Department of Defense Financial Management Regulation, for the Overseas Contingency Operations Transfer Fund for fiscal years 2002 and 2003."

Similar provisions were contained in the following appropriation acts:

Pub. L. 110–116, div. A, title VIII, §8091, Nov. 13, 2007, 121 Stat. 1335 .

Pub. L. 109–289, div. A, title VIII, §8089, Sept. 29, 2006, 120 Stat. 1294 .

Pub. L. 109–148, div. A, title VIII, §8100, Dec. 30, 2005, 119 Stat. 2721 .

Pub. L. 108–287, title VIII, §8116, Aug. 5, 2004, 118 Stat. 998 .

Pub. L. 108–87, title VIII, §8115, Sept. 30, 2003, 117 Stat. 1099 .

Pub. L. 107–117, div. A, title VIII, §8097, Jan. 10, 2002, 115 Stat. 2268 .

Pub. L. 106–259, title VIII, §8097, Aug. 9, 2000, 114 Stat. 695 .

Pub. L. 106–79, title VIII, §8110, Oct. 25, 1999, 113 Stat. 1257 .

Budget Submissions on Active and Reserve Military Personnel Accounts

Pub. L. 105–262, title VIII, §8093, Oct. 17, 1998, 112 Stat. 2319 , provided that: "At the time the President submits his budget for fiscal year 2000 and any fiscal year thereafter, the Department of Defense shall transmit to the congressional defense committees [Committee on Armed Services and Subcommittee on National Security of the Committee on Appropriations of the House of Representatives and Committee on Armed Services and Subcommittee on Defense of the Committee on Appropriations of the Senate] a budget justification document for the active and reserve Military Personnel accounts, to be known as the 'M–1', which shall identify, at the budget activity, activity group, and subactivity group level, the amounts requested by the President to be appropriated to the Department of Defense for military personnel in any budget request, or amended budget request, for that fiscal year."

Similar provisions were contained in the following prior appropriation act:

Pub. L. 105–56, title VIII, §8104, Oct. 8, 1997, 111 Stat. 1243 .

Modification of Budget Data Exhibits

Pub. L. 105–85, div. A, title III, §324(c), Nov. 18, 1997, 111 Stat. 1678 , provided that: "The Under Secretary of Defense (Comptroller) shall ensure that aircraft budget data exhibits of the Department of Defense that are submitted to Congress display total numbers of active aircraft where numbers of primary aircraft or primary authorized aircraft are displayed in those exhibits."

Inclusion of Air Force Depot Maintenance as Operation and Maintenance Budget Line Items

Pub. L. 105–85, div. A, title III, §327, Nov. 18, 1997, 111 Stat. 1679 , provided that: "For fiscal year 1999 and each fiscal year thereafter, Air Force depot-level maintenance of materiel shall be displayed as one or more separate line items under each subactivity within the authorization request for operation and maintenance, Air Force, in the proposed budget for that fiscal year submitted to Congress pursuant to section 1105 of title 31, United States Code."

Identification in President's Budget of NATO Costs

Pub. L. 106–79, title VIII, §8091, Oct. 25, 1999, 113 Stat. 1253 , provided that: "The budget of the President for fiscal year 2001 submitted to the Congress pursuant to section 1105 of title 31, United States Code, and each annual budget request thereafter, shall include budget activity groups (known as 'subactivities') in all appropriations accounts provided in this Act [see Tables for classification], as may be necessary, to separately identify all costs incurred by the Department of Defense to support the North Atlantic Treaty Organization and all Partnership For Peace programs and initiatives. The budget justification materials submitted to the Congress in support of the budget of the Department of Defense for fiscal year 2001, and subsequent fiscal years, shall provide complete, detailed estimates for all such costs."

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 105–262, title VIII, §8095, Oct. 17, 1998, 112 Stat. 2319 .

Pub. L. 105–56, title VIII, §8116, Oct. 8, 1997, 111 Stat. 1245 .

Program Elements for Ballistic Missile Defense Organization

Pub. L. 104–106, div. A, title II, §251, Feb. 10, 1996, 110 Stat. 233 , which required that in budget justification materials submitted to Congress in support of Department of Defense budget, the amount requested for activities of the Ballistic Missile Defense Organization be set forth in accordance with specified program elements, was repealed and restated as section 223 of this title by Pub. L. 105–261, div. A, title II, §235(a)(1), (b), Oct. 17, 1998, 112 Stat. 1953 .

Budget Submissions on Salaries and Expenses Related to Administrative Activities

Pub. L. 109–148, div. A, title VIII, §8032, Dec. 30, 2005, 119 Stat. 2705 , provided that: "The President shall include with each budget for a fiscal year submitted to the Congress under section 1105 of title 31, United States Code, and hereafter, materials that shall identify clearly and separately the amounts requested in the budget for appropriation for that fiscal year for salaries and expenses related to administrative activities of the Department of Defense, the military departments, and the defense agencies."

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 108–287, title VIII, §8036, Aug. 5, 2004, 118 Stat. 978 .

Pub. L. 108–87, title VIII, §8036, Sept. 30, 2003, 117 Stat. 1080 .

Pub. L. 107–248, title VIII, §8036, Oct. 23, 2002, 116 Stat. 1544 .

Pub. L. 107–117, div. A, title VIII, §8039, Jan. 10, 2002, 115 Stat. 2256 .

Pub. L. 106–259, title VIII, §8039, Aug. 9, 2000, 114 Stat. 683 .

Pub. L. 106–79, title VIII, §8042, Oct. 25, 1999, 113 Stat. 1240 .

Pub. L. 105–262, title VIII, §8042, Oct. 17, 1998, 112 Stat. 2306 .

Pub. L. 105–56, title VIII, §8046, Oct. 8, 1997, 111 Stat. 1231 .

Pub. L. 104–208, div. A, title I, §101(b) [title VIII, §8047], Sept. 30, 1996, 110 Stat. 3009–71 , 3009-98.

Pub. L. 104–61, title VIII, §8058, Dec. 1, 1995, 109 Stat. 663 .

Pub. L. 103–335, title VIII, §8069, Sept. 30, 1994, 108 Stat. 2635 .

Pub. L. 103–139, title VIII, §8082, Nov. 11, 1993, 107 Stat. 1458 .

Pub. L. 102–396, title IX, §9132, Oct. 6, 1992, 106 Stat. 1936 .

Submission of Multiyear Defense Program

Section 1402(b) of Pub. L. 101–510 provided for limitations on obligation by Secretary of Defense of fiscal year 1991 advance procurement funds if, as of end of 90-day period beginning on date on which President's budget for fiscal year 1992 was submitted to Congress, the Secretary had not submitted to Congress fiscal year 1992 multiyear defense program.

Mission Oriented Presentation of Department of Defense Matters in Budget

Section 1404 of Pub. L. 101–510 directed President to submit with budget submitted to Congress each year of programs of Department of Defense, a budget that organizes programs within major functional category 050 (National Defense) on basis of major roles and missions of Department of Defense, prior to repeal by Pub. L. 102–484, div. A, title X, §1002(b), Oct. 23, 1992, 106 Stat. 2480 . See section 222 of this title.