Recommendation 9:  Mitigate Problems Caused by Continuing Resolutions (CR)

Description and Justification:  In recent years continuing resolutions (CRs) have become a routine way of doing business.  The Commission believes that, until they are no longer routine, Congress should take action to address some of the adverse effects caused by CRs.  Specifically, the Commission recommends that DoD be allowed to implement new starts under a CR but only in the limited circumstances where the program to be initiated is included in the President’s Budget request and has not been disapproved in an appropriation bill enacted in either chamber.  DoD should be allowed to increase program quantities and development ramps while under a CR but only under analogous limited circumstances.  These changes would allow DoD to continue to respond to developing defense circumstances and take advantage of emerging opportunities while under a CR, thereby mitigating the impact of continuing resolutions on national security without sacrificing necessary Congressional oversight.  Refer to pages 81-82 of the Final Report for more detailed information.

The proposed language would add the bolded elements (subsection (b)) to standard section 102 language regarding DoD in continuing resolution legislation.

SEC. 102. (a) Except as provided in subsection (b), no appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for:

(1) the new production of items not funded for production in fiscal year 202X or prior years;

(2) the increase in production rates above those sustained with fiscal year 202X funds; or

(3) the initiation, resumption, or continuation of any project, activity, operation, or organization (defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element, and for any investment items defined as a P–1 line item in a budget activity within an appropriation account and an R–1 line item that includes a program element and subprogram element within an appropriation account) for which appropriations, funds, or other authority were not available during fiscal year 202X.

  (b) Funds made available pursuant to section 101 may be used for the new production of items, an increase in production rates and development ramps, or the initiation, resumption, or continuation of a project, activity, operation, or organization to the extent that, prior to the date of the enactment of this Act, such new production, increase in production rates or development ramps, or initiation, resumption, or continuation has been:

              (1) proposed in the President’s budget for fiscal year 202X+1;

              (2) included in a defense appropriations bill for fiscal year 202X+1 that has been –

(A) approved by the House of Representatives;

(B) in the event that a defense appropriations bill has not yet been considered by the House of Representatives, approved by the Committee on Appropriations of the House of Representatives; or

(C) in the event that a defense appropriations bill has not yet been considered by the Committee on Appropriations of the House of Representatives, approved by the Defense Subcommittee of the Committee on Appropriations of the House of Representatives; and

              (3) included in a defense appropriations bill for fiscal year 202X+1 that has been –

(A) approved by the United States Senate;

(B) in the event that a defense appropriations bill has not yet been considered by the Senate, approved by the Committee on Appropriations of the Senate; or

(C) in the event that a defense appropriations bill has not yet been considered by the Committee on Appropriations of the Senate, approved by the Defense Subcommittee of the Committee on Appropriations of the Senate.