10 U.S.C. § 231a (ARMED FORCES)
§ 231a. Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air Force: annual plan and certification
(a) Annual Aircraft Procurement Plan and Certification.—
Not later than 45 days after the date on which the President submits to Congress the budget for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees—
(1) a plan for the procurement of the aircraft specified in subsection (b) for the Department of the Navy, the Department of the Army, and the Department of the Air Force developed in accordance with this section; and
(2) a certification by the Secretary that both the budget for such 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 procurement of aircraft at a level that is sufficient for the procurement of the aircraft provided for in the plan under paragraph (1) on the schedule provided in the plan.
(b) Covered Aircraft.—
The aircraft specified in this subsection are the aircraft as follows:
(1) Fighter aircraft.
(2) Attack aircraft.
(3) Bomber aircraft.
(4) Intertheater lift aircraft.
(5) Intratheater lift aircraft.
(6) Intelligence, surveillance, and reconnaissance aircraft.
(7) Tanker aircraft.
(8) Remotely piloted aircraft.
(9) Rotary-wing aircraft.
(10) Operational support and executive lift aircraft.
(11) Any other major support aircraft designated by the Secretary of Defense for purposes of this section.
(c) Annual Aircraft Procurement Plan.—
(1) The annual aircraft procurement plan developed for a fiscal year for purposes of subsection (a)(1) should be designed so that the aviation force provided for under the plan is capable of supporting the national military 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. 3043), except that, if at the time the 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 the plan should be designed so that the aviation force provided for under the plan is capable of supporting the aviation force structure recommended in the report of the most recent Quadrennial Defense Review.
(2) Each annual aircraft procurement plan shall include the following:
(A) A detailed program for the procurement of the aircraft specified in subsection (b) for each of the Department of the Navy, the Department of the Army, and the Department of the Air Force over the next 30 fiscal years.
(B) A description of the necessary aviation force structure to meet the requirements of the national military strategy of the United States or the most recent Quadrennial Defense Review, whichever is applicable under paragraph (1).
(C) The estimated levels of annual investment funding necessary to carry out each aircraft program, together with a discussion of the procurement strategies on which such estimated levels of annual investment funding are based, set forth in aggregate for the Department of Defense and in aggregate for each military department.
(D) The estimated level of annual funding necessary to operate, maintain, sustain, and support each aircraft program throughout the life-cycle of the program, set forth in aggregate for the Department of Defense and in aggregate for each military department.
(E) For each of the cost estimates required by subparagraphs (C) and (D)—
(i) a description of whether the cost estimate is derived from the cost estimate position of the military department or derived from the cost estimate position of the Cost Analysis and Program Evaluation office of the Secretary of Defense;
(ii) if the cost estimate position of the military department and the cost estimate position of the Cost Analysis and Program Evaluation office differ by more than .5 percent for any aircraft program, an annotated cost estimate difference and sufficient rationale to explain the difference; and
(iii) the confidence or certainty level associated with the cost estimate for each aircraft program.
(F) An assessment by the Secretary of Defense of the extent to which the combined aircraft forces of the Department of the Navy, the Department of the Army, and the Department of the Air Force meet the national security requirements of the United States.
(3) For any cost estimate required by paragraph (2)(C) or (D), for any aircraft program for which the Secretary is required to include in a report under section 2432 of this title, the source of the cost information used to prepare the annual aircraft plan, shall be sourced from the Selected Acquisition Report data that the Secretary plans to submit to the congressional defense committees in accordance with subsection (f) of that section for the year for which the annual aircraft plan is prepared.
(4) The annual aircraft procurement plan shall be submitted in unclassified form and shall contain a classified annex.
(d) Assessment When Aircraft Procurement Budget Is Insufficient To Meet Applicable Requirements.—
If the budget for a fiscal year provides for funding of the procurement of aircraft for either the Department of the Navy, the Department of the Army, or the Department of the Air Force at a level that is not sufficient to sustain the aviation force structure specified in the aircraft procurement plan for such Department 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 aircraft that will result from funding aircraft procurement at such level. Such assessment shall be coordinated in advance with the commanders of the combatant commands.
(e) 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 “Quadrennial Defense Review” means the review of the defense programs and policies of the United States that is carried out every 4 years under section 118 1 of this title.
(Added Pub. L. 110–417, [div. A], title I, § 141(a), Oct. 14, 2008, 122 Stat. 4379; amended Pub. L. 112–81, div. A, title X, § 1069(a), (b), Dec. 31, 2011, 125 Stat. 1589, 1591; Pub. L. 113–66, div. A, title X, § 1091(a)(5), Dec. 26, 2013, 127 Stat. 875; Pub. L. 113–291, div. A, title X, § 1071(c)(2), Dec. 19, 2014, 128 Stat. 3508; Pub. L. 114–328, div. A, title I, § 137, Dec. 23, 2016, 130 Stat. 2039.)
heading: References in Text
text: Section 118 of this title, referred to in subsec. (e)(2), was repealed by Pub. L. 114–328, div. A, title IX, § 941(b)(1), Dec. 23, 2016, 130 Stat. 2367. For provisions related to national defense strategy similar to those contained in former section 118 prior to repeal, see section 113(g) of this title.
heading: Amendments
text: 2016—Subsecs. (e), (f). Pub. L. 114–328 redesignated subsec. (f) as (e) and struck out former subsec. (e), which required the Secretary of Defense to include a report on the aircraft in the inventory of the Department of Defense as part of the annual plan and certification required to be submitted under this section.
2014—Subsec. (c)(1). Pub. L. 113–291 substituted “(50 U.S.C. 3043)” for “(50 U.S.C. 404a)”.
2013—Subsec. (a). Pub. L. 113–66 substituted “fiscal year, the Secretary of Defense” for “fiscal year of Defense” in introductory provisions.
2011—Pub. L. 112–81, § 1069(b), amended section catchline generally, substituting “Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air Force: annual plan and certification” for “Budgeting for procurement of aircraft for the Navy and Air Force: annual plan and certification”.
Subsec. (a). Pub. L. 112–81, § 1069(a)(1)(A), substituted “Not later than 45 days after the date on which the President submits to Congress the budget for a fiscal year” for “The Secretary” and “submit to the congressional defense committees” for “include with the defense budget materials for each fiscal year” in introductory provisions.
Subsec. (a)(1). Pub. L. 112–81, § 1069(a)(1)(B), inserted “, the Department of the Army,” after “Navy”.
Subsec. (b)(4). Pub. L. 112–81, § 1069(a)(2)(A), substituted “Intertheater” for “Strategic”.
Subsec. (b)(8) to (11). Pub. L. 112–81, § 1069(a)(2)(B), (C), added pars. (8) to (10) and redesignated former par. (8) as (11).
Subsec. (c)(1). Pub. L. 112–81, § 1069(a)(3)(A), substituted “national military strategy of the United States” for “national security strategy of the United States”.
Subsec. (c)(2)(A). Pub. L. 112–81, § 1069(a)(3)(B)(i), inserted “, the Department of the Army,” after “Navy”.
Subsec. (c)(2)(B). Pub. L. 112–81, § 1069(a)(3)(B)(ii), substituted “national military strategy of the United States” for “national security strategy of the United States”.
Subsec. (c)(2)(C). Pub. L. 112–81, § 1069(a)(3)(B)(iii)(II), (III), substituted “each aircraft program” for “the program” and inserted before period at end “, set forth in aggregate for the Department of Defense and in aggregate for each military department”.
Pub. L. 112–81, § 1069(a)(3)(B)(iii)(I), which directed the insertion of “investment” before “funding”, was executed by inserting “investment” before “funding” both places it appeared, to reflect the probable intent of Congress.
Subsec. (c)(2)(D) to (F). Pub. L. 112–81, § 1069(a)(3)(B)(iv)–(vi), added subpars. (D) and (E), redesignated former subpar. (D) as (F), and, in subpar. (F), inserted “, the Department of the Army,” after “Navy”.
Subsec. (c)(3), (4). Pub. L. 112–81, § 1069(a)(3)(C), added pars. (3) and (4).
Subsec. (d). Pub. L. 112–81, § 1069(a)(4), inserted “, the Department of the Army,” after “Navy”.
Subsec. (e). Pub. L. 112–81, § 1069(a)(6), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 112–81, § 1069(a)(5), (7), redesignated subsec. (e) as (f), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “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.”
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.