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

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

(a) The Secretary of Defense shall submit to Congress each year, not later than five days after the date on which 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).

(d)

(1) The Secretary of Defense shall make available to Congress, the Congressional Budget Office, the Comptroller General of the United States, and the Congressional Research Service each future-years defense program under this section as follows:

(A) By making such program available electronically in the form of an unclassified electronic database.

(B) By delivering printed copies of such program to the congressional defense committees.

(2) In the event inclusion of classified material in a future-years defense program would otherwise render the totality of the program classified for purposes of this subsection—

(A) such program shall be made available to Congress in unclassified form, with such material attached as a classified annex; and

(B) such annex shall be submitted to the congressional defense committees, the Congressional Budget Office, the Comptroller General of the United States, and the Congressional Research Service.

(e) Each future-years defense program under this subsection shall be accompanied by a certification by the Under Secretary of Defense (Comptroller), in the case of the Department of Defense, and the comptroller of each military department, in the case of such military department, that any information entered into the Standard Data Collection System of the Department of Defense, the Comptroller Information System, or any other data system, as applicable, for purposes of assembling such future-years defense program was accurate.

(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; Pub. L. 115–91, div. A, title X, § 1042(a)–(c), Dec. 12, 2017, 131 Stat. 1553, 1554.)

Editorial Notes

Prior Provisions

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

Amendments

2017—Subsec. (a). Pub. L. 115–91, § 1042(a), substituted “not later than five days after the date on which” for “at or about the time that”.

Subsec. (d). Pub. L. 115–91, § 1042(b), added subsec. (d).

Subsec. (e). Pub. L. 115–91, § 1042(c), added subsec. (e).

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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–91, div. A, title X, § 1042(d), Dec. 12, 2017, 131 Stat. 1554, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 12, 2017], and shall apply to future-years defense programs submitted at the time of budgets of the President for fiscal years beginning after fiscal year 2018.”

Cost Budgeting for Artificial Intelligence Data

Pub. L. 118–159, div. A, title XV, § 1533, Dec. 23, 2024, 138 Stat. 2145, provided that: “(a) Plan Required.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Chief Digital and Artificial Intelligence Officer of the Department of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering, shall develop a plan to ensure that the budgeting process for programs containing artificial intelligence components or subcomponents, including artificial intelligence support systems, models, or analysis tools, includes estimates for the types of data required to train, maintain, or improve the artificial intelligence components or subcomponents contained within such programs and estimated costs for the acquisition and sustainment of such data. “(b) Elements of Plan.—The plan required under subsection (a) shall include the following:“(1) An assessment of the current programs of the Department of Defense containing artificial intelligence components or subcomponents, such as large language models, including the sources and costs for structured and unstructured training data for such artificial intelligence components. “(2) An estimate of the costs associated with the data required to train, maintain, or improve artificial intelligence models or systems for programs that are ongoing or proposed as of enactment of this Act and which are not otherwise currently accounted for in a program of record. “(3) An estimate of the costs associated with providing access to capabilities for data preparation, including tooling, indexing, and data tagging or labeling, including for the protection of data provided by the Government from unauthorized use during the algorithm training process and the ongoing control by the Government of such data during such process. “(4) Mapping of the acquisition lifecycle for the programs described in paragraph (1) to align budgeting milestones with critical design or decision points in the budgeting and execution processes of the Department of Defense. “(5) A framework for estimating the costs described in paragraph (2) and ensuring the costs associated with the data required to train, maintain, or improve artificial intelligence models or systems are appropriately incorporated into lifecycle sustainment estimates for future programs containing artificial intelligence components or subcomponents. “(c) Implementation.—The Secretary of Defense shall begin implementing the plan required by subsection (a) not later than 90 days after the date on which development of the plan required by subsection (a) is completed. “(d) Briefings.—Not later than 180 days after the date of the enactment of this Act, and not less frequently than once annually thereafter until 2027, the Secretary shall provide the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the implementation of the plan developed pursuant to subsection (a).”

Budget Display for Cryptographic Modernization Activities for Certain Systems of the Department of Defense

Pub. L. 117–263, div. A, title XV, § 1512, Dec. 23, 2022, 136 Stat. 2893, provided that: “(a) Display Required.—Beginning with fiscal year 2024, and for each fiscal year thereafter, the Secretary of Defense shall include with the budget justification materials submitted to Congress in support of the budget of the Department of Defense for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a consolidated cryptographic modernization budget justification display for each Department of Defense system or asset that is protected by cryptography and subject to certification by the National Security Agency (in this section, referred to as ‘covered items’). “(b) Elements.—Each display included under subsection (a) for a fiscal year shall include the following:“(1) Cryptographic modernization activities.—(A) Whether, in accordance with the schedule established under section 153(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 142 note), the cryptographic modernization for each covered item is pending, in progress, complete, or, pursuant to paragraph (2) of such section, extended. “(B) The funding required for the covered fiscal year and for each subsequent fiscal year of the Future Years Defense Program to complete the pending or in progress cryptographic modernization by the required replacement date of each covered item. “(C)(i) A description of deviations between the funding annually required to complete the modernization prior to the required replacement date and the funding requested and planned within the Future Years Defense Program. “(ii) An explanation—“(I) justifying the deviations; and “(II) of whether or how any delays resulting from a deviation shall be overcome to meet the required replacement date. “(D) A description of operational or security risks resulting from each deviation from the modernization schedule required to meet replacement dates, including a current intelligence assessment of adversary progress on exploiting the covered item. “(E) For any covered item that remains in service past its required replacement date, a description of the number of times the covered item has been extended and the circumstances attending each such extension. “(2) Mitigation activities for covered items.—(A) Whether activities to mitigate the risks associated with projected failure to replace a covered item by the required replacement date are planned, in progress, or complete. “(B) The funding required for the covered fiscal year and for each subsequent fiscal year for required mitigation activities to complete any planned, pending, or in progress mitigation activities for a covered item. “(C) A description of the activities planned in the covered fiscal year and each subsequent fiscal year to complete mitigation activities and an explanation of the efficacy of the mitigations. “(c) Form.—The display required by subsection (a) shall be included in unclassified form, but may include a classified annex.”

Data on Phase III Small Business Innovation Research and Small Business Technology Transfer Program Awards

Pub. L. 117–81, div. A, title VIII, § 867, Dec. 27, 2021, 135 Stat. 1854, provided that: “(a) Definitions.—In this section, the terms ‘Phase I’, ‘Phase II’, ‘Phase III’, ‘SBIR’, and ‘STTR’ have the meanings given those terms in section 9(e) of the Small Business Act (15 U.S.C. 638(e)). “(b) Data on Phase III Awards.—Each Secretary of a military department (as defined in section 101 of title 10, United States Code) shall collect and submit to the President for inclusion in each budget submitted to Congress under section 1105 of title 31, United States Code, data on the Phase III awards under the SBIR and STTR programs of the military department of the Secretary for the immediately preceding fiscal year, including—“(1) the cumulative funding amount for Phase III awards; “(2) the number of Phase III award topics; “(3) the total funding obligated for Phase III awards by State; “(4) the original Phase I or Phase II award topics and the associated Phase III contracts awarded; “(5) where possible, an identification of the specific program executive office involved in each Phase III transition; and “(6) a list of the five highest performing projects, as determined by the Secretary.”

Treatment in Future Budgets of the President of Systems Added by Congress

Pub. L. 116–283, div. A, title I, § 126, Jan. 1, 2021, 134 Stat. 3428, provided that: “In the event the procurement quantity for a system authorized by Congress in a National Defense Authorization Act for a fiscal year, and for which funds for such procurement quantity are appropriated by Congress in the Shipbuilding and Conversion, Navy account for such fiscal year, exceeds the procurement quantity specified in the budget of the President, as submitted to Congress under section 1105 of title 31, United States Code, for such fiscal year, such excess procurement quantity shall not be specified as a new procurement quantity in any budget of the President, as so submitted, for any fiscal year after such fiscal year.”

Budgeting of Department of Defense Relating to Operational Energy Improvement

Pub. L. 116–283, div. A, title III, § 322, Jan. 1, 2021, 134 Stat. 3522, provided that: “The Secretary of Defense shall include in the annual budget submission of the President under section 1105(a) of title 31, United States Code, a dedicated budget line item for fielding operational energy improvements, including such improvements for which funds from the Operational Energy Capability Improvement Fund have been expended to create the operational and business case for broader employment.”

Report and Budget Details Regarding Operation Inherent Resolve