US (United States) Code. Title 10. Subtitle A: General Military Law. Part I. Chapter 9: Defense Budget Matters

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-CITE-

10 USC CHAPTER 9 - DEFENSE BUDGET MATTERS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 9 - DEFENSE BUDGET MATTERS

.

-HEAD-

CHAPTER 9 - DEFENSE BUDGET MATTERS

-MISC1-

Sec.

221. Future-years defense program: submission to Congress;

consistency in budgeting.

222. Future-years mission budget.

223. Ballistic missile defense programs: program elements.

224. Ballistic missile defense programs: display of amounts for

research, development, test, and evaluation.

226. Scoring of outlays.

(227. Repealed.)

228. Monthly reports on allocation of funds within operation and

maintenance budget subactivities.

229. Programs for combating terrorism: display of budget

information.

(230. Repealed.)

231. Budgeting for construction of naval vessels: annual plan and

certification.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title X, Sec. 1022(b),

1041(a)(2)(B), Dec. 2, 2002, 116 Stat. 2640, 2645, struck out item

230 ''Amounts for declassification of records'' and added item 231.

2001 - Pub. L. 107-107, div. A, title II, Sec. 231(b)(2), Dec.

28, 2001, 115 Stat. 1037, substituted ''research, development,

test, and evaluation'' for ''procurement'' in item 224.

1999 - Pub. L. 106-65, div. A, title IX, Sec. 932(b)(2), title

X, Sec. 1041(a)(2), Oct. 5, 1999, 113 Stat. 728, 758, added items

229 and 230.

1998 - Pub. L. 105-261, div. A, title II, Sec. 235(a)(2), Oct.

17, 1998, 112 Stat. 1953, added item 223.

1997 - Pub. L. 105-85, div. A, title II, Sec. 232(a)(2), title

III, Sec. 321(a)(2), Nov. 18, 1997, 111 Stat. 1663, 1673, added

items 224 and 228.

1996 - Pub. L. 104-106, div. A, title X, Sec. 1061(f)(2), Feb.

10, 1996, 110 Stat. 443, struck out item 227 ''Recruiting costs''.

1993 - Pub. L. 103-160, div. A, title III, Sec. 374(b), Nov. 30,

1993, 107 Stat. 1637, added item 227.

1992 - Pub. L. 102-484, div. A, title X, Sec. 1002(d)(2), Oct.

23, 1992, 106 Stat. 2481, added items 221 and 222 and redesignated

former item 221 as 226.

1991 - Pub. L. 102-190, div. A, title X, Sec. 1002(a)(1), Dec.

5, 1991, 105 Stat. 1455, substituted ''DEFENSE BUDGET MATTERS'' for

''REGULAR COMPONENTS'' in chapter heading and added item 221.

-CITE-

10 USC Sec. 221 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 9 - DEFENSE BUDGET MATTERS

-HEAD-

Sec. 221. Future-years defense program: submission to Congress;

consistency in budgeting

-STATUTE-

(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).

-SOURCE-

(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.)

-MISC1-

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''.

ANNUAL SUBMISSION OF INFORMATION REGARDING INFORMATION TECHNOLOGY

CAPITAL ASSETS

Pub. L. 107-314, div. A, title III, Sec. 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) (Sec. 5001-5703 and Sec. 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, Sec. 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, Sec. 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, Sec. 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 prior

appropriation acts:

Pub. L. 107-117, div. A, title VIII, Sec. 8097, Jan. 10, 2002,

115 Stat. 2268.

Pub. L. 106-259, title VIII, Sec. 8097, Aug. 9, 2000, 114 Stat.

695.

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. 107-248, title VIII, Sec. 8036, Oct. 23, 2002, 116 Stat.

1544, 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. 107-117, div. A, title VIII, Sec. 8039, Jan. 10, 2002,

115 Stat. 2256.

Pub. L. 106-259, title VIII, Sec. 8039, Aug. 9, 2000, 114 Stat.

683.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 113, 153, 222, 224, 231,

2461a, 2501, 10543 of this title; title 6 section 454; title 50

section 404b.

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10 USC Sec. 222 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 9 - DEFENSE BUDGET MATTERS

-HEAD-

Sec. 222. Future-years mission budget

-STATUTE-

(a) Future-Years Mission Budget. - The Secretary of Defense shall

submit to Congress for each fiscal year a future-years mission

budget for the military programs of the Department of Defense. That

budget shall be submitted for any fiscal year not later than 60

days after the date on which the President's budget for that fiscal

year is submitted to Congress pursuant to section 1105 of title 31.

(b) Consistency With Future-Years Defense Program. - The

future-years mission budget shall be consistent with the

future-years defense program required under section 221 of this

title. In the future-years mission budget, the military programs

of the Department of Defense shall be organized on the basis of

major roles, missions, or forces of the Department of Defense.

(c) Relationship to Other Defense Budget Formats. - The

requirement in subsection (a) is in addition to the requirements in

any other provision of law regarding the format for the

presentation regarding military programs of the Department of

Defense in the budget submitted pursuant to section 1105 of title

31 for any fiscal year.

-SOURCE-

(Added Pub. L. 102-484, div. A, title X, Sec. 1002(a)(2), Oct. 23,

1992, 106 Stat. 2480; amended Pub. L. 103-337, div. A, title X,

Sec. 1004, Oct. 5, 1994, 108 Stat. 2834.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 101-510, div. A, title XIV, Sec. 1404, Nov. 5, 1990, 104

Stat. 1675, which was set out as a note under section 114a (now

221) of this title, prior to repeal by Pub. L. 102-484, Sec.

1002(b).

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-337 substituted ''not later than

60 days after the date on which'' for ''at the same time that''.

-CITE-

10 USC Sec. 223 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 9 - DEFENSE BUDGET MATTERS

-HEAD-

Sec. 223. Ballistic missile defense programs: program elements

-STATUTE-

(a) Program Elements Specified. - In the budget justification

materials submitted to Congress in support of the Department of

Defense budget for any fiscal year (as submitted with the budget of

the President under section 1105(a) of title 31), the amount

requested for activities of the Missile Defense Agency shall be set

forth in accordance with program elements governing functional

areas as follows:

(1) Technology.

(2) Ballistic Missile Defense System.

(3) Terminal Defense Segment.

(4) Midcourse Defense Segment.

(5) Boost Defense Segment.

(6) Sensors Segment.

(b) Separate Program Elements for Programs Entering Engineering

and Manufacturing Development. - (1) The Secretary of Defense shall

ensure that each ballistic missile defense program that enters

engineering and manufacturing development is assigned a separate,

dedicated program element.

(2) In this subsection, the term ''engineering and manufacturing

development'' means the development phase whose primary objectives

are to -

(A) translate the most promising design approach into a stable,

interoperable, producible, supportable, and cost-effective

design;

(B) validate the manufacturing or production process; and

(C) demonstrate system capabilities through testing.

(c) Management and Support. - The amount requested for each

program element specified in subsection (a) shall include requests

for the amounts necessary for the management and support of the

programs, projects, and activities contained in that program

element.

-SOURCE-

(Added Pub. L. 105-261, div. A, title II, Sec. 235(a)(1), Oct. 17,

1998, 112 Stat. 1953; amended Pub. L. 107-107, div. A, title II,

Sec. 232(a), (b), Dec. 28, 2001, 115 Stat. 1037; Pub. L. 107-314,

div. A, title II, Sec. 225(b)(1)(A), Dec. 2, 2002, 116 Stat.

2486.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 104-106, div. A, title II, Sec. 251, Feb. 10, 1996, 110

Stat. 233, which was set out as a note under section 221 of this

title, prior to repeal by Pub. L. 105-261, Sec. 235(b).

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-314 substituted ''Missile Defense

Agency'' for ''Ballistic Missile Defense Organization''.

2001 - Subsec. (a). Pub. L. 107-107, Sec. 232(a), substituted

''in accordance with program elements governing functional areas as

follows:'' for ''in accordance with the following program

elements:'' in introductory provisions, added pars. (1) to (6), and

struck out former pars. (1) to (12) which read as follows:

''(1) The Patriot system.

''(2) The Navy Area system.

''(3) The Theater High-Altitude Area Defense system.

''(4) The Navy Theater Wide system.

''(5) The Medium Extended Air Defense System.

''(6) Joint Theater Missile Defense.

''(7) National Missile Defense.

''(8) Support Technologies.

''(9) Family of Systems Engineering and Integration.

''(10) Ballistic Missile Defense Technical Operations.

''(11) Threat and Countermeasures.

''(12) International Cooperative Programs.''

Subsec. (b). Pub. L. 107-107, Sec. 232(b), amended heading and

text of subsec. (b) generally. Prior to amendment, text read as

follows: ''Amounts requested for Theater Missile Defense and

National Missile Defense major defense acquisition programs shall

be specified in individual, dedicated program elements, and amounts

appropriated for those programs shall be available only for

Ballistic Missile Defense activities.''

REFERENCES TO NEW NAME FOR BALLISTIC MISSILE DEFENSE ORGANIZATION

Pub. L. 107-314, div. A, title II, Sec. 225(a), Dec. 2, 2002,

116 Stat. 2486, provided that: ''Any reference to the Ballistic

Missile Defense Organization in any provision of law, regulation,

map, document, record, or other paper of the United States shall be

considered to be a reference to the Missile Defense Agency.''

COOPERATIVE BALLISTIC MISSILE DEFENSE PROGRAM ELEMENT

Pub. L. 105-85, div. A, title II, Sec. 233, Nov. 18, 1997, 111

Stat. 1663, as amended by Pub. L. 107-314, div. A, title II, Sec.

225(b)(4)(A), Dec. 2, 2002, 116 Stat. 2486, provided that:

''(a) Requirement for New Program Element. - The Secretary of

Defense shall establish a program element for the Missile Defense

Agency, to be referred to as the 'Cooperative Ballistic Missile

Defense Program', to support technical and analytical cooperative

efforts between the United States and other nations that contribute

to United States ballistic missile defense capabilities. Except as

provided in subsection (b), all international cooperative ballistic

missile defense programs of the Department of Defense shall be

budgeted and administered through that program element.

''(b) Authority for Exceptions. - The Secretary of Defense may

exclude from the program element established pursuant to subsection

(a) any international cooperative ballistic missile defense program

of the Department of Defense that after the date of the enactment

of this Act (Nov. 18, 1997) is designated by the Secretary of

Defense (pursuant to applicable Department of Defense acquisition

regulations and policy) to be managed as a separate acquisition

program.

''(c) Relationship to Other Program Elements. - The program

element established pursuant to subsection (a) is in addition to

the program elements for activities of the Missile Defense Agency

required under section 251 of the National Defense Authorization

Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 233;

(former) 10 U.S.C. 221 note).''

-CITE-

10 USC Sec. 224 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 9 - DEFENSE BUDGET MATTERS

-HEAD-

Sec. 224. Ballistic missile defense programs: display of amounts

for research, development, test, and evaluation

-STATUTE-

(a) Requirement. - Any amount in the budget submitted to Congress

under section 1105 of title 31 for any fiscal year for research,

development, test, and evaluation for a Department of Defense

missile defense program described in subsection (b) shall be set

forth under the account of the Department of Defense for

Defense-wide research, development, test, and evaluation and,

within that account, under the subaccount (or other budget activity

level) for the Missile Defense Agency.

(b) Transfer Criteria. - (1) The Secretary of Defense shall

establish criteria for the transfer of responsibility for a

ballistic missile defense program from the Director of the Missile

Defense Agency to the Secretary of a military department. The

criteria established for such a transfer shall, at a minimum,

address the following:

(A) The technical maturity of the program.

(B) The availability of facilities for production.

(C) The commitment of the Secretary of the military department

concerned to procurement funding for that program, as shown by

funding through the future-years defense program and other

defense planning documents.

(2) The Secretary shall submit the criteria established, and any

modifications to those criteria, to the congressional defense

committees.

(c) Notification of Transfer. - Before responsibility for a

ballistic missile defense program is transferred from the Director

of the Missile Defense Agency to the Secretary of a military

department, the Secretary of Defense shall submit to the

congressional defense committees notice in writing of the

Secretary's intent to make that transfer. The Secretary shall

include with such notice a certification that the program has met

the criteria established under subsection (b) for such a transfer.

The transfer may then be carried out after the end of the 60-day

period beginning on the date of such notice.

(d) Conforming Budget and Planning Transfers. - When a ballistic

missile defense program is transferred from the Missile Defense

Agency to the Secretary of a military department in accordance with

this section, the Secretary of Defense shall ensure that all

appropriate conforming changes are made to proposed or projected

funding allocations in the future-years defense program under

section 221 of this title and other Department of Defense program,

budget, and planning documents.

(e) Follow-on Research, Development, Test, and Evaluation. - The

Secretary of Defense shall ensure that, for each ballistic missile

defense program transferred from the Director of the Missile

Defense Agency to the Secretary of a military department,

responsibility for research, development, test, and evaluation

related to system improvements for that program remains with the

Director.

(f) Congressional Defense Committees. - In this section, the term

''congressional defense committees'' means the following:

(1) The Committee on Armed Services and the Committee on

Appropriations of the Senate.

(2) The Committee on Armed Services and the Committee on

Appropriations of the House of Representatives.

-SOURCE-

(Added Pub. L. 105-85, div. A, title II, Sec. 232(a)(1), Nov. 18,

1997, 111 Stat. 1662; amended Pub. L. 107-107, div. A, title II,

Sec. 231(a), (b)(1), Dec. 28, 2001, 115 Stat. 1035, 1036; Pub. L.

107-314, div. A, title II, Sec. 222, 225(b)(1)(A), Dec. 2, 2002,

116 Stat. 2485, 2486.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a), (b)(1), (c), (d). Pub. L. 107-314, Sec.

225(b)(1)(A), substituted ''Missile Defense Agency'' for

''Ballistic Missile Defense Organization''.

Subsec. (e). Pub. L. 107-314 substituted ''for each'' for

''before a'', ''transferred'' for ''is transferred'', ''Missile

Defense Agency'' for ''Ballistic Missile Defense Organization'',

and ''responsibility for research, development, test, and

evaluation related to system improvements for that program remains

with the Director'' for ''roles and responsibilities for research,

development, test, and evaluation related to system improvements

for that program are clearly defined''.

2001 - Pub. L. 107-107, Sec. 231(b)(1), substituted ''research,

development, test, and evaluation'' for ''procurement'' in section

catchline.

Subsec. (a). Pub. L. 107-107, Sec. 231(a)(1), substituted

''research, development, test, and evaluation'' for ''procurement''

in two places.

Subsecs. (b) to (f). Pub. L. 107-107, Sec. 231(a)(2), added

subsecs. (b) to (f) and struck out former subsecs. (b) and (c)

which related to covered programs and core theater ballistic

missile defense program, respectively.

-CITE-

10 USC Sec. 226 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 9 - DEFENSE BUDGET MATTERS

-HEAD-

Sec. 226. Scoring of outlays

-STATUTE-

(a) Annual OMB/CBO Report. - Not later than December 15 of each

year, the Director of the Office of Management and Budget and the

Director of the Congressional Budget Office shall submit to the

Speaker of the House of Representatives and the Committees on Armed

Services, Appropriations, and the Budget of the Senate a joint

report containing an agreed resolution of all differences between -

(1) the technical assumptions to be used by the Office of

Management and Budget in preparing estimates with respect to all

accounts in major functional category 050 (National Defense) for

the budget to be submitted to Congress in the following year

pursuant to section 1105 of title 31; and

(2) the technical assumptions to be used by the Congressional

Budget Office in preparing estimates with respect to those

accounts for that budget.

(b) Use of Averages. - If the two Directors are unable to agree

upon any technical assumption, the report shall reflect the average

of the relevant outlay rates or assumptions used by the two

offices.

(c) Matters To Be Included. - The report with respect to a budget

shall identify the following:

(1) The agreed first-year and outyear outlay rates for each

account in budget function 050 (National Defense) for each fiscal

year covered by the budget.

(2) The agreed amount of outlays estimated to occur from

unexpended appropriations made for fiscal years before the fiscal

year that begins after submission of the report.

-SOURCE-

(Added Pub. L. 102-190, div. A, title X, Sec. 1002(a)(1), Dec. 5,

1991, 105 Stat. 1455, Sec. 221; renumbered Sec. 226, Pub. L.

102-484, div. A, title X, Sec. 1002(a)(1), Oct. 23, 1992, 106

Stat. 2480; amended Pub. L. 103-160, div. A, title XI, Sec. 1104,

Nov. 30, 1993, 107 Stat. 1749.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 101-189, Sec. 5(a), Nov. 29, 1989, 103 Stat. 1364, which

was set out as a note under section 114a (now 221) of this title,

prior to repeal by Pub. L. 102-190, Sec. 1002(b)(1).

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-160 substituted ''Not later than

December 15 of each year'' for ''Not later than the day on which

the budget for any fiscal year is submitted to Congress pursuant to

section 1105 of title 31'' in introductory provisions and ''the

budget to be submitted to Congress in the following year pursuant

to section 1105 of title 31'' for ''that budget'' in par. (1).

1992 - Pub. L. 102-484 renumbered section 221 of this title as

this section.

SENSE OF CONGRESS REGARDING BUDGET RESOLUTIONS, BUDGET

SCOREKEEPING, AND REQUIRED REDUCTIONS IN NATIONAL DEFENSE OUTLAYS

Pub. L. 101-189, Sec. 5, Nov. 29, 1989, 103 Stat. 1364, as

amended by Pub. L. 102-190, div. A, title X, Sec. 1002(b), Dec. 5,

1991, 105 Stat. 1455, provided that:

''(a) Sense of Congress Regarding Budget Resolutions and Budget

Scorekeeping. - It is the sense of Congress that, in order to

prevent a recurrence of a mismatch between budget authority and

outlays for budget function 050 (National Defense), the technical

assumptions contained in the report under section 221 (now 226) of

title 10, United States Code, with respect to any budget should be

used in the preparation of that budget, the preparation of the

budget resolution, and in all scorekeeping in connection with

budget function 050 (National Defense).

''(b) Sense of Congress Regarding Required Reductions and Other

Changes in National Defense Outlays in Relation to Budget

Authority. - It is the sense of Congress that the outlay level

specified for national defense for any fiscal year in the budget

resolution for that fiscal year should not require a reduction (or

other change) in outlays for national defense for that fiscal year

below (or in relation to) the estimated outlays specified for

national defense in the budget for such fiscal year (submitted to

Congress pursuant to section 1105 of title 31, United States Code)

by more than the amount by which such estimated outlays would be

reduced (or otherwise changed) if the amount of budget authority

provided for in each title of the President's request for budget

authority for national defense (as contained in such budget) were

reduced (or otherwise changed) by the uniform percentage necessary

for the requested budget authority for national defense to be equal

to the budget authority specified for national defense in that

budget resolution unless the budget resolution is accompanied by a

report that describes the difference between the budget authority

and outlays for National Defense (function 050) in the President's

budget and the budget resolution.''

-CITE-

10 USC Sec. 227 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 9 - DEFENSE BUDGET MATTERS

-HEAD-

(Sec. 227. Repealed. Pub. L. 104-106, div. A, title X, Sec.

1061(f)(1), Feb. 10, 1996, 110 Stat. 443)

-MISC1-

Section, added Pub. L. 103-160, div. A, title III, Sec. 374(a),

Nov. 30, 1993, 107 Stat. 1636, directed Secretary of Defense to

include recruiting costs in budget justification documents

submitted to Congress each year in connection with submission of

budget.

-CITE-

10 USC Sec. 228 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 9 - DEFENSE BUDGET MATTERS

-HEAD-

Sec. 228. Monthly reports on allocation of funds within operation

and maintenance budget subactivities

-STATUTE-

(a) Monthly Report. - The Secretary of Defense shall submit to

the congressional defense committees a monthly report on the

allocation of appropriations to O&M budget activities and to the

subactivities of those budget activities. Each such report shall

be submitted not later than 60 days after the end of the month to

which the report pertains.

(b) Matters To Be Included. - Each such report shall set forth

the following for each subactivity of the O&M budget activities:

(1) The amount of budget authority appropriated for that

subactivity in the most recent regular Department of Defense

Appropriations Act.

(2) The amount of budget authority actually made available for

that subactivity, taking into consideration supplemental

appropriations, rescissions, and other adjustments required by

law or made pursuant to law.

(3) The amount programmed to be expended from such subactivity.

(c) Identification of Certain Fluctuations. - (1) If, in the

report under this section for a month of a fiscal year after the

first month of that fiscal year, an amount shown under subsection

(b) for a subactivity is different by more than $15,000,000 from

the corresponding amount for that subactivity in the report for the

first month of that fiscal year, the Secretary shall include in the

report notice of that difference.

(2) If, in the report under this section for a month of a fiscal

year after a month for which the report under this section includes

a notice under paragraph (1), an amount shown under subsection (b)

for a subactivity is different by more than $15,000,000 from the

corresponding amount for that subactivity in the most recent report

that includes a notice under paragraph (1) or this paragraph, the

Secretary shall include in the report notice of that difference.

(d) Report on Fluctuations. - If a report under this section

includes a notice under subsection (c), the Secretary shall include

in the report with each such notice the following:

(1) The reasons for the reallocations of funds resulting in the

inclusion of that notice in the report.

(2) Each budget subactivity involved in those reallocations.

(3) The effect of those reallocations on the operation and

maintenance activities funded through the subactivity with

respect to which the notice is included in the report.

(e) Definitions. - In this section:

(1) The term ''O&M budget activity'' means a budget activity

within an operation and maintenance appropriation of the

Department of Defense for a fiscal year.

(2) The term ''congressional defense committees'' means the

Committee on Armed Services and the Committee on Appropriations

of the Senate and the Committee on Armed Services and the

Committee on Appropriations of the House of Representatives.

-SOURCE-

(Added Pub. L. 105-85, div. A, title III, Sec. 321(a)(1), Nov. 18,

1997, 111 Stat. 1672; amended Pub. L. 107-314, div. A, title III,

Sec. 361, Dec. 2, 2002, 116 Stat. 2519.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-314, Sec. 361(a), substituted

''to the congressional defense committees'' for ''to Congress''.

Subsec. (e). Pub. L. 107-314, Sec. 361(b), substituted

''Definitions'' for ''O&M Budget Activity Defined'' in heading,

inserted introductory provisions, designated existing provisions as

par. (1) and substituted ''The'' for ''For purposes of this

section, the'', and added par. (2).

FIRST REPORT

Section 321(b) of Pub. L. 105-85 provided that: ''The first

report under section 228 of title 10, United States Code, as added

by subsection (a), shall be for the month of December 1997.''

-CITE-

10 USC Sec. 229 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 9 - DEFENSE BUDGET MATTERS

-HEAD-

Sec. 229. Programs for combating terrorism: display of budget

information

-STATUTE-

(a) Submission With Annual Budget Justification Documents. - The

Secretary of Defense shall submit to Congress, as a part of the

documentation that supports the President's annual budget for the

Department of Defense, a consolidated budget justification display,

in classified and unclassified form, that includes all programs and

activities of the Department of Defense combating terrorism

program.

(b) Requirements for Budget Display. - The budget display under

subsection (a) shall include -

(1) the amount requested, by appropriation and functional area,

for each of the program elements, projects, and initiatives that

support the Department of Defense combating terrorism program,

with supporting narrative descriptions and rationale for the

funding levels requested; and

(2) a summary, to the program element and project level of

detail, of estimated expenditures for the current year, funds

requested for the budget year, and budget estimates through the

completion of the current future-years defense plan for the

Department of Defense combating terrorism program.

(c) Explanation of Inconsistencies. - As part of the budget

display under subsection (a) for any fiscal year, the Secretary

shall identify and explain -

(1) any inconsistencies between (A) the information submitted

under subsection (b) for that fiscal year, and (B) the

information provided to the Director of the Office of Management

and Budget in support of the annual report of the President to

Congress on funding for executive branch counterterrorism and

antiterrorism programs and activities for that fiscal year in

accordance with section 1051(b) of the National Defense

Authorization Act for Fiscal Year 1998 (31 U.S.C. 1113 note); and

(2) any inconsistencies between (A) the execution, during the

previous fiscal year and the current fiscal year, of programs and

activities of the Department of Defense combating terrorism

program, and (B) the funding and specification for such programs

and activities for those fiscal years in the manner provided by

Congress (both in statutes and in relevant legislative history).

(d) Semiannual Reports on Obligations and Expenditures. - The

Secretary shall submit to the congressional defense committees a

semiannual report on the obligation and expenditure of funds for

the Department of Defense combating terrorism program. Such

reports shall be submitted not later than April 15 each year, with

respect to the first half of a fiscal year, and not later than

November 15 each year, with respect to the second half of a fiscal

year. Each such report shall compare the amounts of those

obligations and expenditures to the amounts authorized and

appropriated for the Department of Defense combating terrorism

program for that fiscal year, by budget activity, sub-budget

activity, and program element or line item. The second report for

a fiscal year shall show such information for the second half of

the fiscal year and cumulatively for the whole fiscal year. The

report shall be submitted in unclassified form, but may have a

classified annex.

(e) Department of Defense Combating Terrorism Program. - In this

section, the term ''Department of Defense combating terrorism

program'' means the programs, projects, and activities of the

Department of Defense related to combating terrorism inside and

outside the United States.

(f) Congressional Defense Committees Defined. - In this section,

the term ''congressional defense committees'' means -

(A) the Committee on Armed Services and the Committee on

Appropriations of the Senate; and

(B) the Committee on Armed Services and the Committee on

Appropriations of the House of Representatives.

-SOURCE-

(Added Pub. L. 106-65, div. A, title IX, Sec. 932(b)(1), Oct. 5,

1999, 113 Stat. 727.)

-REFTEXT-

REFERENCES IN TEXT

Section 1051(b) of the National Defense Authorization Act for

Fiscal Year 1998, referred to in subsec. (c)(1), is section 1051(b)

of Pub. L. 105-85, which is set out as a note under section 1113 of

Title 31, Money and Finance.

-CITE-

10 USC Sec. 230 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 9 - DEFENSE BUDGET MATTERS

-HEAD-

(Sec. 230. Repealed. Pub. L. 107-314, div. A, title X, Sec.

1041(a)(2)(A), Dec. 2, 2002, 116 Stat. 2645)

-MISC1-

Section, added Pub. L. 106-65, div. A, title X, Sec. 1041(a)(1),

Oct. 5, 1999, 113 Stat. 758; amended Pub. L. 106-398, Sec. 1 ((div.

A), title X, Sec. 1075(a)), Oct. 30, 2000, 114 Stat. 1654,

1654A-280, related to inclusion in the budget justification

materials submitted to Congress of specific identification of

amounts required for declassification of records.

-CITE-

10 USC Sec. 231 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 9 - DEFENSE BUDGET MATTERS

-HEAD-

Sec. 231. Budgeting for construction of naval vessels: annual plan

and certification

-STATUTE-

(a) Annual Naval Vessel Construction Plan and Certification. -

The Secretary of Defense shall include with the defense budget

materials for a fiscal year -

(1) a plan for the construction of combatant and support

vessels for the Navy developed in accordance with this section;

and

(2) a certification by the Secretary that both the budget for

that fiscal year and the future-years defense program submitted

to Congress in relation to such budget under section 221 of this

title provide for funding of the construction of naval vessels at

a level that is sufficient for the procurement of the vessels

provided for in the plan under paragraph (1) on the schedule

provided in that plan.

(b) Annual Naval Vessel Construction Plan. - (1) The annual naval

vessel construction plan developed for a fiscal year for purposes

of subsection (a)(1) should be designed so that the naval vessel

force provided for under that plan is capable of supporting the

national security strategy of the United States as set forth in the

most recent national security strategy report of the President

under section 108 of the National Security Act of 1947 (50 U.S.C.

404a), except that, if at the time such plan is submitted with the

defense budget materials for that fiscal year, a national security

strategy report required under such section 108 has not been

submitted to Congress as required by paragraph (2) or paragraph

(3), if applicable, of subsection (a) of such section, then such

annual plan should be designed so that the naval vessel force

provided for under that plan is capable of supporting the ship

force structure recommended in the report of the most recent

Quadrennial Defense Review.

(2) Each such naval vessel construction plan shall include the

following:

(A) A detailed program for the construction of combatant and

support vessels for the Navy over the next 30 fiscal years.

(B) A description of the necessary naval vessel force structure

to meet the requirements of the national security strategy of the

United States or the most recent Quadrennial Defense Review,

whichever is applicable under paragraph (1).

(C) The estimated levels of annual funding necessary to carry

out the program, together with a discussion of the procurement

strategies on which such estimated levels of annual funding are

based.

(c) Assessment When Vessel Construction Budget is Insufficient To

Meet Applicable Requirements. - If the budget for a fiscal year

provides for funding of the construction of naval vessels at a

level that is not sufficient to sustain the naval vessel force

structure specified in the naval vessel construction plan for that

fiscal year under subsection (a), the Secretary shall include with

the defense budget materials for that fiscal year an assessment

that describes and discusses the risks associated with the reduced

force structure of naval vessels that will result from funding

naval vessel construction at such level. Such assessment shall be

coordinated in advance with the commanders of the combatant

commands.

(d) Definitions. - In this section:

(1) The term ''budget'', with respect to a fiscal year, means

the budget for that fiscal year that is submitted to Congress by

the President under section 1105(a) of title 31.

(2) The term ''defense budget materials'', with respect to a

fiscal year, means the materials submitted to Congress by the

Secretary of Defense in support of the budget for that fiscal

year.

(3) The term ''Quadrennial Defense Review'' means the review of

the defense programs and policies of the United States that is

carried out every four years under section 118 of this title.

-SOURCE-

(Added Pub. L. 107-314, div. A, title X, Sec. 1022(a)(1), Dec. 2,

2002, 116 Stat. 2639.)

-CITE-