§ 10541. National Guard and reserve component equipment: annual report to Congress

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title XIV § 1483(a) · 104 Stat. 1485

   Enacted · 10 U.S.C. § 10541

   Added Pub. L. 101–510, div. A, title XIV, § 1483(a), Nov. 5, 1990, 104 Stat. 1714, § 115b

   Source evidence

   Code source credit
   Added Pub. L. 101–510, div. A, title XIV, § 1483(a), Nov. 5, 1990, 104 Stat. 1714, § 115b

   Enacted provision · exact public law section
   (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— “(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-ments 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. “(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. “§ 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-sented in the annual Five Year Defense Program Procurement Annex prepared by the Department of Defense.”.

2. 1992

   Army National Guard Combat Readiness Reform Act of 1992

   Pub. L. 102–484 div. A title XI § 1134 · 106 Stat. 2315

   Added · 10 U.S.C. § 10541(b)(8)

   Pub. L. 102–484 added par. (8)

   Source evidence

   Code amendment note
   Subsec. (b)(8). Pub. L. 102–484 added par. (8).

   Enacted provision · exact public law section
   SEC. 1134. EQUIPMENT COMPATIBILITY. Section 115b(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(8) A statement of the current status of the compatibility of equipment between the Army reserve components and active forces of the Army, the effect of that level of incompatibility on combat effectiveness, and a plan to achieve full equipment compatibility.”.

3. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 div. A title XVI § 1661(d)(2) · 108 Stat. 2663

   Substituted · 10 U.S.C. § 10541

   Pub. L. 103–337 renumbered section 115b of this title as this section and substituted “National Guard and reserve component equipment: annual report to Congress” for “Annual report on National Guard and reserve component equipment” as section catchline

   Source evidence

   Code amendment note
   Pub. L. 103–337 renumbered section 115b of this title as this section and substituted “National Guard and reserve component equipment: annual report to Congress” for “Annual report on National Guard and reserve component equipment” as section catchline.

   Enacted provision · exact public law section
   (2) (A) Section 115b is transferred to chapter 1013, as added by paragraph (1), inserted after the table of sections, and redesignated as section 10541. (B) The heading of that section is amended to read as follows: “§ 10541. National Guard and reserve component equipment: annual report to Congress”.

4. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 § 351(a) · 122 Stat. 3

   Added · 10 U.S.C. § 10541(b)(9)

   Pub. L. 110–181, § 351(a), added par. (9)

   Source evidence

   Code amendment note
   Subsec. (b)(9). Pub. L. 110–181, § 351(a), added par. (9).

   Enacted provision · exact public law section
   (a) Annual Reports on Equipment.— Section 10541(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(9) An assessment of the extent to which the National Guard possesses the equipment required to perform the responsibilities of the National Guard pursuant to sections 331, 332, 333, 12304(b), and 12406 of this title in response to an emergency or major disaster (as such terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). Such assessment shall— “(A) identify any shortfall in equipment provided to the National Guard by the Department of Defense throughout the United States and the territories and possessions of the United States that is likely to affect the ability of the National Guard to perform such responsibilities; “(B) evaluate the effect of any such shortfall on the capacity of the National Guard to perform such responsibilities in response to an emergency or major disaster that occurs in the United States or a territory or possession of the United States; and “(C) identify the requirements and investment strategies for equipment provided to the National Guard by the Department of Defense that are necessary to plan for a reduction or elimination of any such shortfall.” .

5. 2008

   National Guard Empowerment Act of 2007

   Pub. L. 110–181 § 1826 · 122 Stat. 3

   Added · 10 U.S.C. § 10541(d)

   Pub. L. 110–181, § 1826, added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 110–181, § 1826, added subsec. (d).

   Enacted provision · exact public law section
   SEC. 1826. ADDITIONAL REPORTING REQUIREMENTS RELATING TO NATIONAL GUARD EQUIPMENT.   Section 10541 of title 10, United States Code, is amended by adding at the end the following new subsection: “(d) Each report under this section concerning equipment of the National Guard shall also include the following: “(1) A statement of the accuracy of the projections required by subsection (b)(5)(D) contained in earlier reports under this section, and an explanation, if the projection was not met, of why the projection was not met. “(2) Certification. A certification from the Chief of the National Guard Bureau setting forth an inventory for the preceding fiscal year of each item of equipment— “(A) for which funds were appropriated; “(B) which was due to be procured for the National Guard during that fiscal year; and “(C) which has not been received by a National Guard unit as of the close of that fiscal year.” .

6. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 div. A title X § 1070 · 125 Stat. 1298

   Substituted · 10 U.S.C. § 10541(a)

   Pub. L. 112–81 substituted “March 15” for “February 15”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 112–81 substituted “March 15” for “February 15”.

   Enacted provision · exact public law section
   SEC. 1070. CHANGE OF DEADLINE FOR ANNUAL REPORT TO CONGRESS ON NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT.   Section 10541(a) of title 10, United States Code, is amended by striking “February 15” and inserting “March 15”.

7. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 § 1204(b)(1)(B) · 132 Stat. 1636

   Substituted · 10 U.S.C. § 10541(b)(9)

   Pub. L. 115–232, § 1204(b)(1)(B), substituted “sections 251, 252, 253,” for “sections 331, 332, 333,” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(9). Pub. L. 115–232, § 1204(b)(1)(B), substituted “sections 251, 252, 253,” for “sections 331, 332, 333,” in introductory provisions.

   Enacted provision · exact public law section
   (B) in section 10541(b)(9) in the matter preceding subparagraph (A), by striking “sections 331, 332, 333,” and inserting “sections 251, 252, 253,”.

   Effective date note
   Pub. L. 115–232, div. A, title I, § 111(b), Aug. 13, 2018, 132 Stat. 1660, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to reports required to be submitted under section 10541 of title 10, United States Code, after the date of the enactment of this Act [Aug. 13, 2018].”

8. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 § 111(a) · 132 Stat. 1636

   Added · 10 U.S.C. § 10541(b)(10)

   Pub. L. 115–232, § 111(a), added par. (10)

   Source evidence

   Code amendment note
   Subsec. (b)(10). Pub. L. 115–232, § 111(a), added par. (10).

   Enacted provision · exact public law section
   (a) In General.— Section 10541(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(10) A joint assessment by the Chief of Staff of the Army and the Chief of the National Guard Bureau on the efforts of the Army to achieve parity among the active component, the Army Reserve, and the Army National Guard with respect to equipment and capabilities. Each assessment shall include a comparison of the inventory of high priority items of equipment available to each component of the Army described in preceding sentence, including— “(A) AH–64 Attack Helicopters; “(B) UH–60 Black Hawk Utility Helicopters; “(C) Abrams Main Battle Tanks; “(D) Bradley Infantry Fighting Vehicles; “(E) Stryker Combat Vehicles; and “(F) any other items of equipment identified as high priority by the Chief of Staff of the Army or the Chief of the National Guard Bureau.” .

   Effective date note
   Pub. L. 115–232, div. A, title I, § 111(b), Aug. 13, 2018, 132 Stat. 1660, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to reports required to be submitted under section 10541 of title 10, United States Code, after the date of the enactment of this Act [Aug. 13, 2018].”

8 of 8 references resolved to an enrolled provision