Future-years defense program: submission to Congress; consistency in budgeting
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.
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.
Amounts referred to in paragraph (1) are the following:
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).
Source
(Added Pub. L. 101–189, div. A, title XVI, § 1602(a)(1),Notes
Prior Provisions
Amendments
Reporting of Balances Carried Forward by the Department of Defense at the End of Each Fiscal Year
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.”
Budget Documentation Requirement
Evaluation and Assessment of the Distributed Common Ground System
Project Codes for Budget Submissions.—
In the budget submitted by the President to Congress under section 1105 of title 31, United States Code, for fiscal year 2015 and each subsequent fiscal year, each capability component within the distributed common ground system program shall be set forth as a separate project code within the program element line, and each covered official shall submit supporting justification for the project code within the program element descriptive summary.
Analysis.—
Requirement.—
The Under Secretary of Defense for Acquisition, Technology, and Logistics shall conduct an analysis of capability components that are compliant with the intelligence community data standards and could be used to meet the requirements of the distributed common ground system program.
Elements.—
The analysis required under paragraph (1) shall include the following:
Revalidation of the distributed common ground system program requirements based on current program needs, recent operational experience, and the requirement for nonproprietary solutions that adhere to open-architecture principles.
Market research of current commercially available tools to determine whether any such tools could potentially satisfy the requirements described in subparagraph (A).
Analysis of the competitive acquisition options for any tools identified in subparagraph (B).
Submission.—
Not later than 180 days after the date of the enactment of this Act [
Covered Official Defined.—
In this section, the term ‘covered official’ means the following:
The Secretary of the Army, with respect to matters concerning the Army.
The Secretary of the Navy, with respect to matters concerning the Navy.
The Secretary of the Air Force, with respect to matters concerning the Air Force.
The Commandant of the Marine Corps, with respect to matters concerning the Marine Corps.
The Commander of the United States Special Operations Command, with respect to matters concerning the United States Special Operations Command.”
Consolidated Budget Justification Display for Aerospace Control Alert Mission
Procurement.
Operation and maintenance.
Research, development, testing, and evaluation.
Military construction.”
Budget Justification Documents; Budget for Full-Spectrum Military Cyberspace Operations
Separate Procurement Line Item for Certain Littoral Combat Ship Mission Modules
In General.—
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.
Form.—
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.
Covered Module.—
In this section, the term ‘covered module’ means, with respect to mission modules of the Littoral Combat Ship, the following modules:
Surface warfare.
Mine countermeasures.
Anti-submarine warfare.”
Display of Procurement of Equipment for the Reserve Components of the Armed Forces Under Estimated Expenditures for Procurement in Future-Years Defense Programs
Display of Annual Budget Requirements for Organizational Clothing and Individual Equipment
Submission With Annual Budget Justification Documents.—
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.
Requirements for Budget Display.—
The budget justification display under subsection (a) for a fiscal year shall include the following:
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.
Definition.—
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.”
Separate Program Elements Required for Research and Development of Joint Light Tactical Vehicle
Separate Procurement Line Item for Body Armor
Separate Program Elements Required for Research and Development of Individual Body Armor and Associated Components
Separate Procurement and Research, Development, Test, and Evaluation Line Items and Program Elements for the F–35B and F–35C Joint Strike Fighter Aircraft
Guidance on Budget Justification Materials Describing Funding Requested for Operation, Sustainment, Modernization, and Personnel of Major Ranges and Test Facilities
Guidance on Budget Justification Materials.—
The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller) and the Director of the Department of Defense Test Resource Management Center, shall issue guidance clarifying and standardizing the information required in budget justification materials describing amounts to be requested in the budget of the President for a fiscal year (as submitted to Congress pursuant to section 1105(a) of title 31, United States Code) for funding for each facility and resource of the Major Range and Test Facility Base in connection with each of the following:
Operation.
Sustainment.
Investment and modernization.
Government personnel.
Contractor personnel.
Applicability.—
The guidance issued under subsection (a) shall apply with respect to budgets of the President for fiscal years after fiscal year 2010.
Major Range and Test Facility Base Defined.—
In this section, the term ‘Major Range and Test Facility Base’ has the meaning given that term in section 196(h) [now 196(i)] of title 10, United States Code.”
Military Munitions Response Program and Installation Restoration Program
Separate Procurement Line Items for Future Combat Systems Program
FCS Manned Ground Vehicles.
FCS Unmanned Ground Vehicles.
FCS Unmanned Aerial Systems.
FCS Unattended Ground Systems.
Other FCS elements.”
Separate Procurement and Research, Development, Test, and Evaluation Line Items and Program Elements for Sky Warrior Unmanned Aerial Systems Project
Display of Annual Budget Requirements for Air Sovereignty Alert Mission
Requirement for Separate Display of Budgets for Afghanistan and Iraq
Operations in Iraq and Afghanistan.—
In any annual or supplemental budget request for the Department of Defense that is submitted to Congress after the date of the enactment of this Act [
operations of the Department of Defense in Afghanistan; and
operations of the Department of Defense in Iraq.
Specificity of Display.—
Each budget request covered by subsection (a) shall, for any funding requested for operations in Iraq or Afghanistan—
clearly display the amount of such funding at the appropriation account level and at the program, project, or activity level; and
include a detailed description of the assumptions underlying the funding for the period covered by the budget request, including the anticipated troop levels, the operations intended to be carried out, and the equipment reset requirements necessary to support such operations.”
Report on Funding of the Department of Defense for Health Care
Report.—
If the President submits to Congress the budget for a fiscal year under section 1105 of title 31, United States Code, and the aggregate amount included in that budget for the Department of Defense for health care for such fiscal year is less than the aggregate amount provided by Congress for the Department for health care for the preceding fiscal year, and, in the case of the Department, the total allocation from the Defense Health Program to any military department is less than the total of such allocation in the preceding fiscal year, the President shall submit to Congress a report on—
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.
Termination.—
The section shall not be in effect after
Specification of Amounts Requested for Procurement of Contract Services
Report on Major Department of Defense Headquarters Activities Personnel
Major Force Program Category for Space
Request for Funds for Ongoing Military Operation Overseas
Annual Report on Personnel Security Investigations for Industry and National Industrial Security Program
Budgeting for Ongoing Military Operations in Afghanistan and Iraq
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.”
Separate Program Elements Required for Significant Systems Development and Demonstration Projects for Armored Systems Modernization Program
Program Elements Specified.—
Effective for the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2008 and each fiscal year thereafter, the Secretary of Defense shall ensure that a separate, dedicated program element is assigned to each of the following systems development and demonstration projects of the Armored Systems Modernization program:
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.
Early Commencement of Display in Budget Justification Materials.—
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.
Technology Insertion to Current Force.—
Report on establishment of additional program element.—
Not later than
Display in budget justification materials.—
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.”
Annual Submission of Information Regarding Information Technology Capital Assets
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:
Information technology capital assets that have an estimated total cost for the fiscal year for which the budget is submitted (as computed in fiscal year 2000 constant dollars) in excess of $32,000,000 or an estimated total cost for the future-years defense program for which the budget is submitted (as computed in fiscal year 2000 constant dollars) in excess of $378,000,000, for all expenditures, for all increments, regardless of the appropriation and fund source, directly related to the assets definition, design, development, deployment, sustainment, and disposal.
Information technology capital assets not covered by paragraph (1) that have been determined by the Chief Information Officer of the Department of Defense to be significant investments.
Required Information For High-Threshold Assets.—
With respect to each information technology capital asset described in subsection (a)(1), the Secretary of Defense shall include the following information:
The name and identifying acronym of the information technology capital asset.
The date of initiation of the asset.
A summary of performance measurements and metrics.
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.
The funds, by appropriation account, requested for the next fiscal year.
The name of each prime contractor and the work to be performed.
Program management and management oversight information.
The original baseline cost and most current baseline information.
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) [§§ 5001–5703 and §§ 4001–4402, see Tables for classification].
Required Information for Significant Investments.—
With respect to each information technology capital asset not covered by paragraph (1) of subsection (a), but covered by paragraph (2) of that subsection, the Secretary of Defense shall include such information in a format that is appropriate to the current status of such asset.
Total Cost Determinations.—
In estimating the total cost for a fiscal year or total 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.
Definitions.—
In this section:
The term ‘information technology’ has the meaning given that term in section 11101 of title 40, United States Code.
The term ‘capital asset’ has the meaning given that term in Office of Management and Budget Circular A–11.
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
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.
Base Closure Laws Defined.—
In this section, the term ‘base closure laws’ means the following:
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).”