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

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. 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. 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). 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. 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). By making such program available electronically in the form of an unclassified electronic database. By delivering printed copies of such program to the congressional defense committees. such program shall be made available to Congress in unclassified form, with such material attached as a classified annex; and 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. 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. 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. 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. 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. 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. 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. 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. 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. 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).” 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’). 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. 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. 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. justifying the deviations; and of whether or how any delays resulting from a deviation shall be overcome to meet the required replacement date. 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. 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. 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. 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. 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. The display required by subsection (a) shall be included in unclassified form, but may include a classified annex.” 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) ). the cumulative funding amount for Phase III awards; the number of Phase III award topics; the total funding obligated for Phase III awards by State; the original Phase I or Phase II award topics and the associated Phase III contracts awarded; where possible, an identification of the specific program executive office involved in each Phase III transition; and a list of the five highest performing projects, as determined by the Secretary.” At the same time as the submission of the budget of the President (as submitted to Congress pursuant to section 1105 of title 31 , United States Code) for fiscal year 2022 and each fiscal year thereafter, the Secretary of Defense shall submit a report with accompanying budgetary details regarding Operation Inherent Resolve. for the first report, a history of the operation and its objectives; and for each subsequent report, a description of the operation and its objectives during the prior fiscal year; a detailed description of the weapons and equipment purchased using the Counter-ISIS Train and Equip Fund in the prior fiscal year; a list and description of activities and exercises carried out under the operation during the prior fiscal year; a description of the purpose and goals of such activities and exercises and an assessment of the degree to which stated goals were achieved during the prior fiscal year; a description of criteria used to judge the effectiveness of joint exercises and other efforts to build partner capacity under the operation during the prior fiscal year; a description of the forces deployed under the operation, their deployment locations, and activities undertaken; the information required under paragraph (3); and any other matters the Secretary determines appropriate. a description of expenditures related to the operation for the fiscal year preceding the fiscal year of the budget covered by the report; any significant change in methodology used to determine the budgetary details included in the report and the categories used to organize such details; and a narrative justification for any significant changes in the amount requested as compared to the amount requested and the amount expended for the fiscal year preceding the fiscal year of the budget covered by the report; and detailed information on the estimated direct expenditures and indirect expenditures broken down by category (including with respect to operations, force protection, in-theater support, equipment reset and readiness, military construction, mobilization, incremental and total deployment costs, and exercises) and any additional accounts and categories the Secretary determines to be relevant; and a description of the methodology and metrics used by the Secretary to define the contribution of indirect costs to the operation or an explanation of pro-rated amounts based on the level of support provided to the operation; and may include a breakdown of expenditures and the amount requested for the operation in the budget covered by the report by line item, including with respect to procurement accounts, military personnel accounts, operation and maintenance accounts, research, development, test, and evaluation accounts, and military construction accounts. The report and accompanying budget details required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. The requirements of this subsection shall terminate on the date on which Operation Inherent Resolve (or a successor operation) concludes. The term ‘direct expenditures’ means, with respect to amounts expended or estimated to be expended for Operation Inherent Resolve, amounts used directly for supporting counter-ISIS activities and missions. The term ‘indirect expenditures’ means, with respect to amounts expended or estimated to be expended for Operation Inherent Resolve, amounts used for programs or activities that the Secretary of Defense determines enable the Armed Forces to carry out the operation.” At the same time as the submission of the budget of the President (as submitted to Congress pursuant to section 1105 of title 31 , United States Code) for fiscal year 2022 and each fiscal year thereafter, the Secretary of Defense shall submit a report with accompanying budgetary details regarding Operation Spartan Shield. for the first report, a history of the operation and its objectives; and for each subsequent report, a description of the operation and its objectives during the prior fiscal year; a list and description of activities and exercises carried out under the operation during the prior fiscal year; a description of the purpose and goals of such activities and exercises and an assessment of the degree to which stated goals were achieved during the prior fiscal year; a description of criteria used to judge the effectiveness of joint exercises and other efforts to build partner capacity under the operation during the prior fiscal year; a description of the forces deployed under the operation, their deployment locations, and activities undertaken; the information required under subsection (c); a list of all countries in which Task Force Spartan operated during the prior fiscal year; training exercises; joint exercises; and bilateral or multilateral exchanges; the military readiness of such partner forces; the national security of the United States; and the national security of allies and partners of the United States; a description of criteria used to make the assessment required under paragraph (9); and any other matters the Secretary determines appropriate. a description of expenditures related to the operation for the fiscal year preceding the fiscal year of the budget covered by the report; any significant change in methodology used to determine the budgetary details included in the report and the categories used to organize such details; and a narrative justification for any significant changes in the amount requested as compared to the amount requested and the amount expended for the fiscal year preceding the fiscal year of the budget covered by the report; and detailed information on the estimated direct expenditures and indirect expenditures broken down by category (including with respect to operations, force protection, in-theater support, equipment reset and readiness, military construction, mobilization, incremental and total deployment costs, and exercises) and any additional accounts and categories the Secretary determines to be relevant; and a description of the methodology and metrics used by the Secretary to define the contribution of indirect costs to the operation or an explanation of pro-rated amounts based on the level of support provided to the operation; and may include a breakdown of expenditures and the amount requested for the operation in the budget covered by the report by line item, including with respect to procurement accounts, military personnel accounts, operation and maintenance accounts, research, development, test, and evaluation accounts, and military construction accounts. The report and accompanying budget details required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. The requirements of this section shall terminate on the date on which Operation Spartan Shield (or a successor operation) concludes. The term ‘direct expenditures’ means, with respect to amounts expended or estimated to be expended for Operation Spartan Shield, amounts used directly for supporting deterrence activities and missions. The term ‘indirect expenditures’ means, with respect to amounts expended or estimated to be expended for Operation Spartan Shield, amounts used for programs or activities that the Secretary of Defense determines enable the Armed Forces to carry out the operation.” a dedicated budget line item for adaptation to, and mitigation of, effects of extreme weather on military networks, systems, installations, facilities, and other assets and capabilities of the Department of Defense; an estimate of the anticipated adverse impacts to the readiness of the Department and the financial costs to the Department during the year covered by the budget of the loss of, or damage to, military networks, systems, installations, facilities, and other assets and capabilities of the Department, including loss of or obstructed access to training ranges, as a result [of] extreme weather events; and provided to the Federal Emergency Management Agency or any Federal land management agency (as such term is defined in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 )) pursuant to a request for such assistance and in consultation with the National Interagency Fire Center; or provided under title 10 or title 32, United States Code, to any State, territory, or possession of the United States, regarding extreme weather; and wildfire response, recovery, or restoration efforts occurring within military installations or other facilities of the Department; or any Federal agency other than the Department (including the Federal Emergency Management Agency and the National Interagency Fire Center) with respect to wildfire response, recovery, or restoration efforts, where such resourcing is not reimbursed. The estimate under subsection (a)(2) shall set forth the adverse readiness impacts and financial costs under that subsection by military department, Defense Agency, and other component or element of the Department. In this section, the term ‘extreme weather’ means recurrent flooding, drought, desertification, wildfires, and thawing permafrost.” amounts displayed by account, budget activity, line number, line item, and line item title; and a description of the requirements for each such amounts specific to the Initiative. amounts displayed by account, budget activity, line number, program element, and program element title; and a description of the requirements for each such amounts specific to the Initiative. amounts displayed by account title, budget activity title, line number, and subactivity group title; and a description of how such amounts will specifically be used. amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and a description of the requirements for each such amounts specific to the Initiative. With respect to each project under military construction accounts (including with respect to unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount by fiscal year. a detailed summary of funds obligated for the European Deterrence Initiative for the preceding fiscal year; and a detailed comparison of funds obligated for the European Deterrence Initiative for the preceding fiscal year to amounts requested for the Initiative for that fiscal year in the materials submitted to Congress by the Secretary in support of the budget of the President for that fiscal year as required by subsection (c), including with respect to each of the accounts described in paragraphs (1), (2), (3), (4), and (5) of subsection (b) and the information required under each such paragraph. Not later than March 30, 2021 , and annually thereafter, the Secretary of Defense shall provide the congressional defense committees with an interim briefing on the status of all matters covered by the end of fiscal year report required by section (c).” The Under Secretary of Defense (Comptroller) shall include in the budget justification materials submitted to Congress in support of the Department of Defense budget for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31 , United States Code) a single budget exhibit containing relevant details pertaining to support provided by the Department of Defense to the Executive Office of the President related to senior leader communications and continuity of Government programs. support provided by the White House Military Office, the White House Communications Agency, special mission area activities of the Defense Information Systems Agency, and other relevant programs; and specific appropriation and line numbers where appropriate. The budget exhibit required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.” Not later than December 31, 2019 , the Secretary of Defense, in consultation with the Commander of the United States European Command, shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a future years plan on activities and resources of the European Deterrence Initiative (EDI) for fiscal year 2020 and not fewer than the four succeeding fiscal years. the intended force structure and posture of the assigned and allocated forces within the area of responsibility of the United States European Command for the last fiscal year of the plan; and the manner in which such force structure and posture support the implementation of the National Defense Strategy. An assessment of resource requirements to achieve the objectives of the EDI. An assessment of capabilities requirements to achieve the objectives of the EDI. An assessment of logistics requirements, including force enablers, equipment, supplies, storage, and maintenance requirements, to achieve the objectives of the EDI. An identification and assessment of required infrastructure and military construction investments to achieve the objectives of the EDI, including potential infrastructure investments by host nations and new construction or modernization of existing sites that would be funded by the United States. An assessment of security cooperation investments required to achieve the objectives of the EDI. An analysis of the challenges to the ability of the United States to deploy significant forces from the continental United States to the European theater in the event of a major contingency, and a description of the plans of the Department of Defense, including military exercises, to address such challenges. details regarding the strategy to balance the force structure of the United States forces to source additional permanently stationed United States forces in Europe as a part of any planned growth in end strength and force posture; the infrastructure capacity of existing locations and their ability to accommodate additional permanently stationed United States forces in Europe; the potential new locations for additional permanently stationed United States forces in Europe, including an assessment of infrastructure and military construction resources necessary to accommodate additional United States forces in Europe; a detailed timeline to achieve desired permanent posture requirements; a reevaluation of sites identified for divestiture but not yet divested under the European Infrastructure Consolidation initiative, accounting for updated military requirements; any changes and associated costs incurred with retaining each site identified for divestiture but not yet divested under the European Infrastructure Consolidation initiative, including possible leasing agreements, sustainment, and maintenance; a detailed assessment of the resources necessary to achieve the requirements of the plan, including specific cost estimates for each project under the EDI to support increased presence, exercises and training, enhanced prepositioning, improved infrastructure, and building partnership capacity; a detailed timeline to achieve the force posture and capabilities, including permanent force posture requirements; and a detailed explanation of any significant modifications to activities and resources as compared to the future years plan on activities and resources of the EDI submitted for the previous year. Not later than the date on which the Secretary of Defense submits to Congress the budget request for the Department of Defense for fiscal year 2021 and each fiscal year thereafter, the Secretary, in consultation with the Commander of the United States European Command, shall submit to the congressional defense committees a future years plan on activities and resources of the European Deterrence Initiative for such fiscal year and not fewer than the four succeeding fiscal years. the matters described in subsection (b); and a detailed explanation of any significant modifications in requirements or resources, as compared to the plan submitted under such subsection (b). The plans required under subsections (a) and (c) shall be submitted in unclassified form, but may include a classified annex. In the case of a proposed divestiture of a site under the European Infrastructure Consolidation initiative, the Secretary of Defense may not take any action to divest the site unless prior to taking such action, the Secretary certifies to the congressional defense committees that no military requirement for future use of the site is foreseeable.” consisting of planning, prioritizing, and resourcing relating to developmental weapon systems; and for existing weapon systems throughout the program lifecycle of such systems. The Secretary shall develop a specific budget structure for a sustainable funding profile to ensure the support provided by Defense intelligence elements described in subsection (a). The Secretary shall implement such structure beginning with the defense budget materials for fiscal year 2020. Not later than May 1, 2018 , the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the results of the review under subsection (a) and a plan to carry out subsection (b). Nothing in this section may be construed to relieve the Director of National Intelligence of the responsibility to support the acquisition activities of the Department of Defense through the National Intelligence Program. the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. The term ‘defense budget materials’ has the meaning given that term in section 231(f) of title 10 , United States Code [now 10 U.S.C. 231(h) ]. The term ‘Defense intelligence element’ means any of the agencies, offices, and elements of the Department of Defense included within the definition of ‘intelligence community’ under section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ).” The total dollar amount, by account, of all balances carried forward by the Department of Defense at the end of the fiscal year preceding the fiscal year during which such information is submitted. The total dollar amount, by account, of all unobligated balances carried forward by the Department of Defense at the end of the fiscal year preceding the fiscal year during which such information is submitted. The total dollar amount, by account, of any balances (both obligated and unobligated) that have been carried forward by the Department of Defense for five years or more as of the end of the fiscal year preceding the fiscal year during which such information is submitted.” Procurement. Operation and maintenance. Research, development, testing, and evaluation. Military construction.” In the budget materials submitted to the President by the Secretary of Defense in connection with the submission to Congress, pursuant to section 1105 of title 31 , United States Code, of the budget for fiscal year 2013, and each subsequent fiscal year, the Secretary shall ensure that a separate, dedicated procurement line item is designated for each covered module that includes the quantity and cost of each such module requested. The Secretary shall ensure that any classified components of covered modules not included in a procurement line item under subsection (a) shall be included in a classified annex. Surface warfare. Mine countermeasures. Anti-submarine warfare.” For fiscal year 2013 and each subsequent fiscal year, the Secretary of Defense shall submit to the President, for inclusion with the budget materials submitted to Congress under section 1105(a) of title 31 , United States Code, a budget justification display that covers all programs and activities associated with the procurement of organizational clothing and individual equipment. The funding requirements in each budget activity and for each Armed Force for organizational clothing and individual equipment. The amount in the budget for each of the Armed Forces for organizational clothing and equipment for that fiscal year. In this section, the term ‘organizational clothing and individual equipment’ means an item of organizational clothing or equipment prescribed for wear or use with the uniform.” Operation. Sustainment. Investment and modernization. Government personnel. Contractor personnel. The guidance issued under subsection (a) shall apply with respect to budgets of the President for fiscal years after fiscal year 2010. In this section, the term ‘Major Range and Test Facility Base’ has the meaning given that term in section 4173 of title 10 , United States Code.” the reasons for the determination that inclusion of a lesser aggregate amount or allocation to any military department is in the national interest; and the anticipated effects of the inclusion of such lesser aggregate amount or allocation to any military department on the access to and delivery of medical and support services to members of the Armed Forces and their family members. The section shall not be in effect after December 31, 2017 .” a request for the appropriation of funds for such fiscal year for ongoing military operations in Afghanistan and Iraq; an estimate of all funds expected to be required in that fiscal year for such operations; and a detailed justification of the funds requested.” Manned Ground Vehicles. Systems of Systems Engineering and Program Management. Future Combat Systems Reconnaissance Platforms and Sensors. Future Combat Systems Unmanned Ground Vehicles. Unattended Sensors. Sustainment. 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. 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. 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.” 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. Section 2687 of title 10 , United States Code. 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). Title II of the Defense Authorization Amendments and Base Closure and Realignment Act ( Public Law 100–526 ; 10 U.S.C. 2687 note).”