
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: 10USC115a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                    CHAPTER 2--DEPARTMENT OF DEFENSE
 
Sec. 115a. Annual manpower requirements report

    (a) The Secretary of Defense shall submit to Congress an annual 
manpower requirements report. The report, which shall be in writing, 
shall be submitted each year not later than 45 days after the date on 
which the President submits to Congress the budget for the next fiscal 
year under section 1105 of title 31. The report 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.

    (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) 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.

    (e)(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.

    [(f) Repealed. Pub. L. 104-106, div. A, title X, Sec. 1061(d)(4), 
Feb. 10, 1996, 110 Stat. 442.]
    [(g) Redesignated (e)]
    (h) In each such report, the Secretary shall include a separate 
report on the Army and Air Force military technician programs. The 
report shall include a presentation, shown by reserve component and 
shown both as of the end of the preceding fiscal year and for the next 
fiscal year, of the following (displayed in the aggregate and separately 
for military technicians (dual status) and non-dual status military 
technicians):
        (1) The number of military technicians required to be employed 
    (as specified in accordance with Department of Defense procedures), 
    the number authorized to be employed under Department of Defense 
    personnel procedures, and the number actually employed.
        (2) Within each of the numbers under paragraph (1)--
            (A) the number applicable to a reserve component management 
        headquarter organization; and
            (B) the number applicable to high-priority units and 
        organizations (as specified in section 10216(a) of this title).

(Added Pub. L. 101-510, div. A, title XIV, Sec. 1483(a), Nov. 5, 1990, 
104 Stat. 1711; amended Pub. L. 102-190, div. A, title X, 
Sec. 1061(a)(1), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 104-106, div. A, 
title V, Sec. 513(e), title X, Sec. 1061(d), Feb. 10, 1996, 110 Stat. 
307, 442; Pub. L. 105-85, div. A, title V, Sec. 522(i)(2), Nov. 18, 
1997, 111 Stat. 1736; Pub. L. 105-261, div. A, title IV, Sec. 403, Oct. 
17, 1998, 112 Stat. 1996.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 115(b)(1)(D), (3), (c)(2) of this title, prior to repeal by Pub. 
L. 101-510, Sec. 1483(a).


                               Amendments

    1998--Subsec. (a). Pub. L. 105-261, in introductory provisions, 
struck out ``, not later than February 15 of each fiscal year,'' after 
``submit to Congress'' and substituted ``The report, which shall be in 
writing, shall be submitted each year not later than 45 days after the 
date on which the President submits to Congress the budget for the next 
fiscal year under section 1105 of title 31. The report'' for ``The 
report shall be in writing and''.
    1997--Subsec. (h). Pub. L. 105-85, Sec. 522(i)(2)(A), inserted 
``(displayed in the aggregate and separately for military technicians 
(dual status) and non-dual status military technicians)'' after ``of the 
following'' in introductory provisions.
    Subsec. (h)(3). Pub. L. 105-85, Sec. 522(i)(2)(B), struck out par. 
(3) which read as follows: ``Within each of the numbers under paragraph 
(1), the numbers of military technicians who are not themselves members 
of a reserve component (so-called `single-status' technicians), with a 
further display of such numbers as specified in paragraph (2).''
    1996--Subsec. (b)(2)(C). Pub. L. 104-106, Sec. 1061(d)(1), struck 
out subpar. (C) which read as follows: ``Area of deployment and 
illustrative areas of potential deployment, including a description of 
any United States commitment to defend such areas.''
    Subsec. (d). Pub. L. 104-106, Sec. 1061(d)(3), redesignated subsec. 
(e) as (d) and struck out pars. (4) and (5) which read as follows:
    ``(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.''
    Pub. L. 104-106, Sec. 1061(d)(2), struck out subsec. (d) which read 
as follows: ``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) provide a comprehensive identification of base operating 
    support costs and an evaluation of possible alternatives to reduce 
    those costs.''
    Subsec. (e). Pub. L. 104-106, Sec. 1061(d)(5), redesignated subsec. 
(g) as (e). Former subsec. (e) redesignated (d).
    Subsec. (f). Pub. L. 104-106, Sec. 1061(d)(4), struck out subsec. 
(f) which read as follows: ``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.''
    Subsec. (g). Pub. L. 104-106, Sec. 1061(d)(5), redesignated subsec. 
(g) as (e).
    Subsec. (h). Pub. L. 104-106, Sec. 513(e), added subsec. (h).
    1991--Subsec. (d)(3). Pub. L. 102-190 inserted ``provide'' before 
``a comprehensive''.


      Assessment of Structure and Mix of Active and Reserve Forces

    Section 402 of Pub. L. 102-190, as amended by Pub. L. 102-484, div. 
A, title V, Sec. 513(b), Oct. 23, 1992, 106 Stat. 2406, required 
Secretary of Defense to submit to Congress a report containing an 
assessment of alternatives relating to structure and mix of active and 
reserve forces appropriate for carrying out assigned missions in mid- to 
late-1990s and an evaluation and recommendations of Secretary and 
Chairman of Joint Chiefs of Staff as to mix or mixes of reserve and 
active forces considered acceptable to carry out expected future 
missions, and further provided for matters to be included in report and 
evaluation, commencement of assessment, submission of interim and final 
reports, and funding for assessment.

                  Section Referred to in Other Sections

    This section is referred to in sections 129a, 129c of this title.
