Pub. L. 93-155, tit. VIII, sec. 803

Sec. 803. (a) Chapter 4 of title 10, United States Code, is amended by adding the following new sections after section 137 and inserting corresponding items in the chapter analysis: “§138. Secretary of Defense: Annual authorization of appropriations for armed forces “(a) No funds may be appropriated for any fiscal year to or for the use of any armed force or obligated or expended for— “(1) procurement of aircraft, missiles, or naval vessels; “(2) any research, development, test, or evaluation, or procurement or production related thereto; “(3) procurement of tracked combat, vehicles; “(4) procurement of other weapons; or 87 Stat. 613 “(5) procurement of naval torpedoes and related support equipment; unless funds therefor have been specifically authorized by law, “(b) Congress shall authorize the personnel strength of the Selected Reserve of each reserve component of the armed forces. No funds may be appropriated for any fiscal year for the pay and allowances of members of any reserve component of the armed forces unless the personnel strength of the Selected Reserve of that reserve component for that fiscal year has been authorized by law. “(c) (1) Congress shall authorize the end strength as of the end of each fiscal year for active-duty personnel for each component of the armed forces. No funds may be appropriated for any fiscal year to or for the use of the. active-duty personnel of any component of the armed forces unless the end strength for active-duty personnel of that component for that fiscal year has been authorized by law. “(2) Congress shall authorize the end strength as of the end of each fiscal year for civilian personnel for each component of the Department of Defense. No funds may be appropriated for any fiscal year to or for 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. “(3) The Secretary of Defense shall submit to Congress a written report, not later than February 15 of each fiscal year, recommending the annual active duty end strength level for each component of the armed forces for the next fiscal year and the annual civilian personnel end strength level for each component of the Department of Defense for the next fiscal year, and shall include in that report 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. The justification and explanation shall specify in detail for all military forces, including each land force division, carrier and other major combatant vessel, air wing, and other comparable unit, the— “(A) unit mission and capability; “(B) strategy which the unit supports; and “(C) area of deployment and illustrative areas of potential deployment, including a description of any United States commitment to defend such areas. It shall also include a detailed discussion of (i) the manpower required for support and ove9ad functions within the armed forces and the Department of Defense, (ii) the relationship of the manpower required for support and overhead functions to the primary combat missions and support policies, and (iii) 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) (1) Congress shall authorize the average military training student loads for each component of the armed forces. Such authorization is not required for unit or crew training student loads, but is required for student loads for the following individual training categories— “(A) recruit and specialized training; “(B) flight training; “(C) professional training in military and civilian institutions; and “(D) officer acquisition training. No funds may be appropriated for any fiscal year for training military personnel in the training categories described in clauses (A)–(D)87 Stat. 614 of any component of the armed forces unless the average student load of that component for that fiscal year has been authorized by law. “(2) The Secretary of Defense shall submit to Congress a written report, not later than March 1 of each fiscal year, recommending the average student load for each category of training for each component of the armed forces for the next three fiscal years, and shall include in that report justification for, and explanation of, the average student loads recommended. “§139. Secretary of Defense: weapons development and procurement schedules for armed forces; reports; supplemental reports “(a) The Secretary of Defense shall submit to Congress each calendar year, at the same time the President submits the budget to Congress under section 11 of title 31, a written report regarding development and procurement schedules for each weapon system for which fund authorization is required by section 138(a) of this title, and for which any funds for procurement are requested in that budget. The report shall include data on operational testing and evaluation for each weapon system for which funds for procurement are requested (other than funds requested only for the procurement of units for operational testing and evaluation, or long lead-time items, or both). A weapon system shall also be included in the annual report required under this subsection in each year thereafter until procurement of that system has been completed or terminated, or the Secretary of Defense certifies, in writing, that such inclusion would not serve any useful purpose and gives his reasons therefor. “(b) The Secretary of Defense shall submit a supplemental report to Congress not loss than thirty, or more than sixty, days before the award of any contract, or tho exercise of any option in a. contract, for the procurement of any such weapon system (other than procurement of units for operational testing and evaluation, or long lead-time items, or both), unless— “(1) the contractor or contractors for that system have not yet been selected and the Secretary of Defense determines that the submission of that report would adversely affect the source selection process and notifies Congress in writing, prior to such award, of that determination, stating his reasons therefor; or “(2) the Secretary of Defense determines that the submission of that report would otherwise adversely affect the vital security interests of the United States and notifies Congress in writing of that determination at least thirty days prior to the award, stating his reasons therefor. “(c) Any report required to be submitted under subsection (a) or (b) shall include detailed and summarized information with respect to each weapon system covered, and specifically include, but not be limited to— “(1) the development schedule, including estimated annual costs until development is completed; “(2) the planned procurement schedule, including the best estimate of the Secretary of Defense of the annual costs and units to be procured until procurement is completed; and “(3) to the extent required by the second sentence of subsection (a), the result of all operational testing and evaluation up to the time of the submission of the report, or, if operational testing and evaluation has not been conducted, a statement of the reasons therefor and the results of such other testing and evaluation as has been conducted. “(d) In the case of any weapon system for which procurement funds have not been previously requested and for which funds are first87 Stat. 615 requested by the President in any fiscal year after the Budget for that fiscal year has been submitted to Congress, the same reporting requirements shall be applicable to that system in the, same manner and to the same extent as if funds had been requested for that system in that budget” (b) The, following laws are repealed: (1) section 412 of the Act of August 10, 1959, Public Law 86–149 (73 Stat. 322), as amended by section 2 of the Act of April 27, 1962. Public Law 87–436 (76 Stat. 55); section 610 of the Act of November 7, 1963, Public Law 88–174 (77 Stat. 329); section 304 of the Act of June 11, 1965. Public Law 89–37 (79 Stat. 128); section 6 of the Act of December 1, 1967, Public Law 90–168 (81 Stat. 526); section 405 of the Act of November 19, 1969, Public Law 91–121 (83 Stat. 207); sections 505 and 509 of the Act of October 7, 1970. Public Law 91–441 (84 Stat. 912, 913); section 701 of the Act of September 28, 1971, Public Law 92–129 (85 Stat. 362); and sections 302 and 604 of the Act of September 26, 1972, Public Law 92–436 (86 Stat. 736, 739); and (2) section 506 of the. Act of November 17, 1971, Public Law 92–156 (85 Stat. 429).