10 U.S.C. § 238 (ARMED FORCES)
§ 238. Cyber mission forces: program elements
(a) Budget Justification Display.—
The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for fiscal year 2021 and each fiscal year thereafter, a budget justification display, in electronic and print formats, that includes—
(1) a major force program category for the five-year defense plan of the Department of Defense for the training, manning, and equipping of the cyber mission forces and the cyberspace operations forces; and
(2) program elements for the cyber mission forces and the cyberspace operations forces.
(b) Waiver.—
The Secretary may waive the requirement under subsection (a) for fiscal year 2021 if the Secretary—
(1) determines the Secretary is unable to comply with such requirement for fiscal year 2021; and
(2) establishes a plan to implement the requirement for fiscal year 2022.
(c) Submission.—
The Secretary shall provide the displays described in subsection (a)—
(1) in electronic format not later than five days after the submission by the President under section 1105(a) of title 31 of the budget; and
(2) in print format not later than 21 days after the submission by the President under section 1105(a) of title 31 of the budget.
(Added Pub. L. 113–291, div. A, title XVI, § 1631(a)(1), Dec. 19, 2014, 128 Stat. 3637; amended Pub. L. 116–283, div. A, title XVII, § 1701(2), Jan. 1, 2021, 134 Stat. 4080.)
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283, § 1701(2)(A)(i), substituted “2021” for “2017” and inserted “, in electronic and print formats,” after “display” in introductory provisions.
Subsec. (a)(1). Pub. L. 116–283, § 1701(2)(A)(ii), inserted “and the cyberspace operations forces” before the semicolon.
Subsec. (a)(2). Pub. L. 116–283, § 1701(2)(A)(iii), inserted “and the cyberspace operations forces” before period at end.
Subsec. (b). Pub. L. 116–283, § 1701(2)(B)(i), substituted “2021” for “2017” in introductory provisions.
Subsec. (b)(1). Pub. L. 116–283, § 1701(2)(B)(ii), substituted “2021” for “2017”.
Subsec. (b)(2). Pub. L. 116–283, § 1701(2)(B)(iii), substituted “2022” for “2018”.
Subsec. (c). Pub. L. 116–283, § 1701(2)(C), added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
heading: Demonstration Program for Cyber and Information Technology Budget Data Analytics
text: Pub. L. 117–263, div. A, title XV, § 1552, Dec. 23, 2022, 136 Stat. 2919, provided that:
“(a) Demonstration Program.—
“(1) Requirement.—
Not later than February 1, 2024, the Chief Information Officer of the Department of Defense shall, in coordination with the Chief Digital and Artificial Intelligence Officer, complete a pilot program to demonstrate the application of advanced data analytics to the fiscal year 2024 budget data of a military department for the purpose of identifying total cyber and information technology spending and the distribution of such resources across budget line items that are and are not identified, labeled, or categorized in a manner that would indicate that funds included in such line items will be expended on cyber and information technology activities.
“(2) Coordination with military departments.—
In carrying out the demonstration program under subsection (a), the Chief Information Officer shall, in coordination with the Secretary of the Air Force, the Secretary of the Army, and the Secretary of the Navy, select a military department for participation in the demonstration program.
“(b) Elements.—
The demonstration program under subsection (a) shall include—
“(1) efforts to identify planned expenditures for cyber and information technology that are not captured in the total figures for cyber and information technology reported annually to Congress in support of the President’s budget submission and in budget documents and briefings to Congress on the cyber and information technology programs and activities;
“(2) efforts to improve transparency in cyber and information technology budget information to identify cyber and information technology activities funded out of noncyber and noninformation technology budget lines, including by the use of qualitative techniques such as semantic analysis or natural language processing technologies;
“(3) metrics developed to assess the effectiveness of the demonstration program;
“(4) a cost tradeoff analysis of implementing these cyber and information technology data analytics across the entire budget of the Department of Defense;
“(5) existing or planned efforts to use these data analytics to make budget decisions; and
“(6) existing or planned efforts to incorporate these data analytics into materials presented to Congress through the budget submission process.
“(c) Briefing.—
“(1) Initial briefing.—
Not later than 120 days after the date of the enactment of this Act [Dec. 23, 2022], the Chief Information Officer shall provide the Committees on Armed Services of the Senate and the House of Representatives a briefing on the plans and status of the Chief Information Officer with respect to the demonstration program under subsection (a).
“(2) Final briefing.—
Not later than March 1, 2024, the Chief Information Officer shall provide the Committees on Armed Services of the Senate and the House of Representatives a briefing on the results and findings of the Chief Information Officer with respect to the demonstration program under subsection (a), including the following:
“(A) Recommendations for expansion of the demonstration program to the entire cyber and information technology budget of the Department.
“(B) Plans for incorporating data analytics into the congressional budget submission process for the cyber and information technology budget of the Department.”