
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-117 Section 8039]
[Document affected by Public Law 107-117 Section 8097]
[Document affected by Public Law 107-64 Section 131]
[Document affected by Public Law 107-107 Section 231(b)(2)]
[CITE: 10USC221]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                    CHAPTER 9--DEFENSE BUDGET MATTERS
 
Sec. 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, Sec. 1602(a)(1), Nov. 29, 
1989, 103 Stat. 1596, Sec. 114a; amended Pub. L. 101-510, div. A, title 
XIV, Sec. 1402(a)(1)-(3)(A), Nov. 5, 1990, 104 Stat. 1674; renumbered 
Sec. 221 and amended Pub. L. 102-484, div. A, title X, Sec. 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, Sec. 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, Sec. 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, Sec. 1402(a)(2)(A), 
substituted ``multiyear'' for ``five-year''.


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

    Pub. L. 106-259, title VIII, Sec. 8097, Aug. 9, 2000, 114 Stat. 695, 
provided that: ``The budget of the President for fiscal year 2002 
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 2000 and 
2001.''
    Similar provisions were contained in the following prior 
appropriation act:
    Pub. L. 106-79, title VIII, Sec. 8110, Oct. 25, 1999, 113 Stat. 
1257.


  Budget Submissions on Active and Reserve Military Personnel Accounts

    Pub. L. 105-262, title VIII, Sec. 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, Sec. 8104, Oct. 8, 1997, 111 Stat. 1243.


                  Modification of Budget Data Exhibits

    Pub. L. 105-85, div. A, title III, Sec. 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, Sec. 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, Sec. 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, Sec. 8095, Oct. 17, 1998, 112 Stat. 
2319.
    Pub. L. 105-56, title VIII, Sec. 8116, Oct. 8, 1997, 111 Stat. 1245.


       Program Elements for Ballistic Missile Defense Organization

    Pub. L. 104-106, div. A, title II, Sec. 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, Sec. 235(a)(1), (b), Oct. 17, 1998, 112 Stat. 
1953.


 Budget Submissions on Salaries and Expenses Related to Administrative 
                               Activities

    Pub. L. 106-259, title VIII, Sec. 8039, Aug. 9, 2000, 114 Stat. 683, 
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, 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. 106-79, title VIII, Sec. 8042, Oct. 25, 1999, 113 Stat. 
1240.
    Pub. L. 105-262, title VIII, Sec. 8042, Oct. 17, 1998, 112 Stat. 
2306.
    Pub. L. 105-56, title VIII, Sec. 8046, Oct. 8, 1997, 111 Stat. 1231.
    Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, 
Sec. 8047], Sept. 30, 1996, 110 Stat. 3009-71, 3009-98.
    Pub. L. 104-61, title VIII, Sec. 8058, Dec. 1, 1995, 109 Stat. 663.
    Pub. L. 103-335, title VIII, Sec. 8069, Sept. 30, 1994, 108 Stat. 
2635.
    Pub. L. 103-139, title VIII, Sec. 8082, Nov. 11, 1993, 107 Stat. 
1458.
    Pub. L. 102-396, title IX, Sec. 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, Sec. 1002(b), Oct. 23, 1992, 106 Stat. 2480. See section 222 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 113, 153, 222, 2461a, 2501, 
10543 of this title; title 50 section 404b.
