RESTATEMENT OF LAW RELATING TO ANNUAL PERSONNEL STRENGTH AUTHORIZATIONS, ANNUAL MANPOWER REQUIREMENTS REPORTS, AND ANNUAL NATIONAL GUARD AND RESERVE COMPONENT PROCUREMENT REPORT

SEC. 1483. RESTATEMENT OF LAW RELATING TO ANNUAL PERSONNEL STRENGTH AUTHORIZATIONS, ANNUAL MANPOWER REQUIREMENTS REPORTS, AND ANNUAL NATIONAL GUARD AND RESERVE COMPONENT PROCUREMENT REPORT (a) Restatement of Current Law.— Chapter 2 of title 10, United States Code, is amended by striking out section 115 and inserting in lieu thereof the following: “§ 115. Personnel strengths: requirement for annual authorization “(a) Congress shall authorize personnel strength levels for each fiscal year for each of the following: “(1) The end strength for each of the armed forces (other than the Coast Guard) for (A) active-duty personnel who are to be paid from funds appropriated for active-duty personnel, and (B) active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel. “(2) The end strength for the Selected Reserve of each reserve component of the armed forces. “(3) The average military training student loads for each of the armed forces (other than the Coast Guard). “(4) The end strength for civilian personnel for each component of the Department of Defense. “(b) No funds may be appropriated for any fiscal year to or for— 104 STAT. 1711 “(1) the use of active-duty personnel or full-time National Guard duty personnel of any of the armed forces (other than the Coast Guard) unless the end strength for such personnel of that armed force for that fiscal year has been authorized by law; “(2) the use of the Selected Reserve of any reserve component of the armed forces unless the end strength for the Selected Reserve of that component for that fiscal year has been authorized by law; “(3) training military personnel in the training categories described in subsection (f) of any of the armed forces (other than the Coast Guard) unless the average student load of that armed force for that fiscal year has been authorized by law; or “(4) the use of the civilian personnel of any component of the Department of Defense unless the end strength for civilian personnel of that component for that fiscal year has been authorized by law. “(c) Upon determination by the Secretary of Defense that such action is in the national interest, the Secretary may— “(1) increase the end strength authorized pursuant to subsection (a)(1)(A) for a fiscal year for any of the armed forces by a number equal to not more than 0.5 percent of that end strength; and “(2) increase the end strength authorized pursuant to subsection (a)(1)(B) for a fiscal year for any of the armed forces by a number equal to not more than 2 percent of that end strength. “(d) In counting active-duty personnel for the purpose of the end-strengths authorized pursuant to subsection (a)(1), persons in the following categories shall be excluded: “(1) Members of the Ready Reserve ordered to active duty under section 673 of this title. “(2) Members of the Selected Reserve of the Ready Reserve ordered to active duty under section 673b of this title. “(3) Members of the National Guard called into Federal service under section 3500 or 8500 of this title. “(4) Members of the militia called into Federal service under chapter 15 of this title. “(5) Members of reserve components on active duty for training. “(6) Members of reserve components on active duty for 180 days or less to perform special work. “(7) Members on full-time National Guard duty for 180 days or less. “(e) The authorized strength of the Navy under subsection (a)(1) is increased by the authorized strength of the Coast Guard during any period when the Coast Guard is operating as a service in the Navy. “(f) Authorization under subsection (a)(3) is not required for unit or crew training student loads, but is required for student loads for the following individual training categories: “(1) Recruit and specialized training. “(2) Flight training. “(3) Professional training in military and civilian institutions. “(4) Officer acquisition training. “§ 115a. Annual manpower requirements report “(a) The Secretary of Defense shall submit to Congress, not later than February 15 of each fiscal year, an annual manpower require-104 STAT. 1712ments report. The report shall be in writing and shall contain the Secretary’s recommendations for— “(1) the annual active-duty end-strength level for each component of the armed forces for the next fiscal year; and “(2) the annual civilian personnel end-strength level for each component of the Department of Defense for the next fiscal year. “(b) (1) The Secretary shall include in each report under subsection (a) justification for the strength levels recommended and an explanation of the relationship between the personnel strength levels recommended for that fiscal year and the national security policies of the United States in effect at the time. “(2) The justification and explanation shall specify in detail for all major military force units (including each land force division, carrier and other major combatant vessel, air wing, and other comparable unit) the following: “(A) Unit mission and capability. “(B) Strategy which the unit supports. “(C) Area of deployment and illustrative areas of potential deployment, including a description of any United States commitment to defend such areas. “(3) The justification and explanation shall also specify in detail the manpower required to perform the medical missions of each of the armed forces and of the Department of Defense. “(c) The Secretary shall include in each report under subsection (a) a detailed discussion of the following: “(1) The manpower required for support and overhead functions within the armed forces and the Department of Defense. “(2) The relationship of the manpower required for support and overhead functions to the primary combat missions and support policies. “(3) The manpower required to be stationed or assigned to duty in foreign countries and aboard vessels located outside the territorial limits of the United States, its territories, and possessions. “(d) In each such report, the Secretary shall also— “(1) identify, define, and group by mission and by region the types of military bases, installations, and facilities; “(2) provide an explanation and justification of the relationship between this base structure and the proposed military force structure; and “(3) a comprehensive identification of base operating support costs and an evaluation of possible alternatives to reduce those costs. “(e) The Secretary shall also include in each such report, with respect to each armed force under the jurisdiction of the Secretary of a military department, the following: “(1) The number of positions that require warrant officers or commissioned officers serving on active duty in each of the officer grades during the current fiscal year and the estimated number of such positions for each of the next five fiscal years. “(2) The estimated number of officers that will be serving on active duty in each grade on the last day of the current fiscal year and the estimated numbers of officers that will be needed on active duty on the last day of each of the next five fiscal years. 104 STAT. 1713 “(3) An estimate and analysis for the current fiscal year and for each of the next five fiscal years of gains to and losses from the number of members on active duty in each officer grade, including a tabulation of— “(A) retirements displayed by year of active commissioned service; “(B) discharges; “(C) other separations; “(D) deaths; “(E) promotions; and “(F) reserve and regular officers ordered to active duty. “(4) An analysis of the distribution of each of the following categories of officers serving on active duty on the last day of the preceding fiscal year by grade in which serving and years of active commissioned service: “(A) Regular officers. “(B) Reserve officers on the active-duty list. “(C) Reserve officers described in clauses (B) and (C) of section 523(b)(1) of this title. “(D) Officers other than those specified in subparagraphs (A), (B), and (C) serving in a temporary grade. “(5) An analysis of the number of officers and enlisted members serving on active duty for training as of the last day of the preceding fiscal year under orders specifying an aggregate period in excess of 180 days and an estimate for the current fiscal year of the number that will be ordered to such duty, tabulated by— “(A) recruit and specialized training; “(B) flight training; “(C) professional training in military and civilian institutions; and “(D) officer acquisition training. “(f) In each such report, the Secretary shall also include recommendations for the average student load for each category of training for each component of the armed forces for the next three fiscal years. The Secretary shall include in the report justification for, and explanation of, the average student loads recommended. “(g) (1) In each such report, the Secretary shall also include recommendations for the end-strength levels for medical personnel for each component of the armed forces as of the end of the next fiscal year. “(2) For purposes of this subsection, the term ‘medical personnel’ includes— “(A) in the case of the Army, members of the Medical Corps, Dental Corps, Nurse Corps, Medical Service Corps, Veterinary Corps, and Army Medical Specialist Corps; “(B) in the case of the Navy, members of the Medical Corps, Dental Corps, Nurse Corps, and Medical Service Corps; “(C) in the case of the Air Force, members designated as medical officers, dental officers, Air Force nurses, medical service officers, and biomedical science officers; “(D) enlisted members engaged in or supporting medically related activities; and “(E) such other personnel as the Secretary considers appropriate. 104 STAT. 1714 “§ 115b. Annual report on National Guard and reserve component equipment “(a) The Secretary of Defense shall submit to the Congress each year, not later than February 15, a written report concerning the equipment of the National Guard and the reserve components of the armed forces for each of the three succeeding fiscal years. “(b) Each report under this section shall include the following: “(1) Recommendations as to the type and quantity of each major item of equipment which should be in the inventory of the Selected Reserve of the Ready Reserve of each reserve component of the armed forces. “(2) A statement of the quantity and average age of each type of major item of equipment which is expected to be physically available in the inventory of the Selected Reserve of the Ready Reserve of each reserve component as of the beginning of each fiscal year covered by the report. “(3) A statement of the quantity and cost of each type of major item of equipment which is expected to be procured for the Selective Reserve of the Ready Reserve of each reserve component from commercial sources or to be transferred to each such Selected Reserve from the active-duty components of the armed forces. “(4) A statement of the quantity of each type of major item of equipment which is expected to be retired, decommissioned, transferred, or otherwise removed from the physical inventory of the Selected Reserve of the Ready Reserve of each reserve component and the plans for replacement of that equipment. “(5) A listing of each major item of equipment required by the Selected Reserve of the Ready Reserve of each reserve component indicating— “(A) the full war-time requirement of that component for that item, shown in accordance with deployment schedules and requirements over successive 30-day periods following mobilization; “(B) the number of each such item in the inventory of the component; “(C) a separate listing of each such item in the inventory that is a deployable item and is not the most desired item; “(D) the number of each such item projected to be in the inventory at the end of the third succeeding fiscal year; and “(E) the number of nondeployable items in the inventory as a substitute for a required major item of equipment. “(6) A narrative explanation of the plan of the Secretary concerned to provide equipment needed to fill the war-time requirement for each major item of equipment to all units of the Selected Reserve, including an explanation of the plan to equip units of the Selected Reserve that are short of major items of equipment at the outset of war. “(7) For each item of major equipment reported under paragraph (3) in a report for one of the three previous years under this section as an item expected to be procured for the Selected Reserve or to be transferred to the Selected Reserve, the quantity of such equipment actually procured for or transferred to the Selected Reserve. “(c) Each report under this section shall be expressed in the same format and with the same level of detail as the information pre-104 STAT. 1715sented in the annual Five Year Defense Program Procurement Annex prepared by the Department of Defense.”. (b) Further Restatements of Existing Law.— (1) Chapter 3 of title 10, United States Code, is amended by inserting after section 123 the following new section: “§ 123a. Suspension of end-strength limitations in time of war or national emergency “If at the end of any fiscal year there is in effect a war or national emergency, the President may defer the effectiveness of any end strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the armed forces or of the Department of Defense. Any such deferral may not extend beyond November 30 of the following fiscal year.”. (2) Such chapter is further amended by inserting after section 129 the following new section: “§129a. General personnel policy “The Secretary of Defense shall use the least costly form of personnel consistent with military requirements and other needs of the Department. In developing the annual personnel authorization requests to Congress and in carrying out personnel policies, the Secretary shall— “(1) consider particularly the advantages of converting from one form of personnel (military, civilian, or private contract) to another for the performance of a specified job; and “(2) include in each manpower requirements report submitted under section 115a of this title a complete justification for converting from one form of personnel to another.”. (c) Clerical Amendments.— (1) The table of sections at the beginning of chapter 2 of title 10, United States Code, is amended by striking out the item relating to section 115 and inserting in lieu thereof the following new items: “115. Personnel strengths: requirement for annual authorization. “115a. Annual manpower requirements report. “115b. Annual report on National Guard and reserve component equipment.”. (2) The table of sections at the beginning of chapter 3 of such title is amended— (A) by inserting after the item relating to section 123 the following new item: “123a. Suspension of end-strength limitations in time of war or national emergency.”; and (B) by inserting after the item relating to section 129 the following new item: “129a. General personnel policy.”.