
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC10543]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                 PART I--ORGANIZATION AND ADMINISTRATION
 
     CHAPTER 1013--BUDGET INFORMATION AND ANNUAL REPORTS TO CONGRESS
 
Sec. 10543. National Guard and reserve component equipment 
        procurement and military construction funding: inclusion in 
        future-years defense program
        
    (a) In General.--The Secretary of Defense shall specify in each 
future-years defense program submitted to Congress under section 221 of 
this title the estimated expenditures and the proposed appropriations, 
for each fiscal year of the period covered by that program, for the 
procurement of equipment and for military construction for each of the 
reserve components of the armed forces.
    (b) Associated Annexes.--The associated annexes of the future-years 
defense program shall specify, at the same level of detail as is set 
forth in the annexes for the active components, the amount requested 
for--
        (1) procurement of each item of equipment to be procured for 
    each reserve component; and
        (2) each military construction project to be carried out for 
    each reserve component, together with the location of the project.

    (c) Report.--(1) If the aggregate of the amounts specified in 
paragraphs (1) and (2) of subsection (b) for a fiscal year is less than 
the amount equal to 90 percent of the average authorized amount 
applicable for that fiscal year under paragraph (2), the Secretary of 
Defense shall submit to Congress a report specifying for each reserve 
component the additional items of equipment that would be procured, and 
the additional military construction projects that would be carried out, 
if that aggregate amount were an amount equal to such average authorized 
amount. The report shall be at the same level of detail as is required 
by subsection (b).
    (2) In this subsection, the term ``average authorized amount'', with 
respect to a fiscal year, means the average of--
        (A) the aggregate of the amounts authorized to be appropriated 
    for the preceding fiscal year for the procurement of items of 
    equipment, and for military construction, for the reserve 
    components; and
        (B) the aggregate of the amounts authorized to be appropriated 
    for the fiscal year preceding the fiscal year referred to in 
    subparagraph (A) for the procurement of items of equipment, and for 
    military construction, for the reserve components.

    (3) A report required under paragraph (1) for a fiscal year shall be 
submitted not later than 15 days after the date on which the President 
submits to Congress the budget for such fiscal year under section 
1105(a) of title 31.

(Added Pub. L. 104-201, div. A, title XII, Sec. 1257(a)(1), Sept. 23, 
1996, 110 Stat. 2699; amended Pub. L. 105-85, div. A, title X, 
Sec. 1009(a), Nov. 18, 1997, 111 Stat. 1872; Pub. L. 106-398, Sec. 1 
[[div. A], title IX, Sec. 931], Oct. 30, 2000, 114 Stat. 1654, 1654A-
237.)


                               Amendments

    2000--Subsec. (c)(3). Pub. L. 106-398 added par. (3).
    1997--Pub. L. 105-85 designated existing provisions as subsec. (a), 
inserted heading, and added subsecs. (b) and (c).


                             Effective Date

    Section 1257(b) of Pub. L. 104-201 provided that: ``Section 10543 of 
title 10, United States Code, as added by subsection (a), shall apply 
with respect to each future-years defense program submitted to Congress 
after the date of the enactment of this Act [Sept. 23, 1996].''


                        Required Level of Detail

    Section 1009(b) of Pub. L. 105-85 provided that: ``The level of 
detail provided for procurement and military construction in the future-
years defense programs for fiscal years after fiscal year 1998 may not 
be less than the level of detail provided for procurement and military 
construction in the future-years defense program for fiscal year 1998.''
