(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. (Added Pub. L. 99-433, § 110(b), Oct. 1, 1986, 100 Stat. 1002 [former 441.1a § 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 requirements 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) provide 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 numbers 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 number 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 serv ice; (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. (Added Pub. L. 101-510, § 1483(a), Nov. 5, 1990, 104 Stat. 1711 [former § 115 (b)(1)(D), (b)(3), (c)(2)], and amended Pub. L. 102–190, § 1061(a)(1), Dec. 5, 1991, 105 Stat. 1472.) 441.2 § 116. Annual operations and maintenance report (a)(1) The Secretary of Defense shall submit to Congress a written report, not later than February 15 of each fiscal year, with respect to the operations and maintenance of the Army, Navy, Air Force, and Marine Corps for the next fiscal year. The Secretary shall include in each such report recommendations for— (A) the number of aircraft flying hours for the Army, Navy, Air Force, and Marine Corps for the next fiscal year, the number of ship steaming hours for the Navy for the next fiscal year, and the number of field training days for the combat arms battalions of the Army and Marine Corps for the next fiscal year; (B) the number of ships over 3,000 tons (full load displacement) in each Navy ship classification on which major repair work should be performed during the next fiscal year; and (C) the number of airframe reworks, aircraft engine reworks, and vehicle overhauls which should be performed by the Army, Navy, Air Force, and Marine Corps during the next fiscal year. (2) The Secretary shall also include in each such report the justification for and an explanation of the level of funding recommended in the Budget of the President for the next fiscal year for aircraft flying hours, ship steaming hours, field training days for the combat arms battalions, major repair work to be performed on ships of the Navy, airframe reworks, aircraft engine reworks, and vehicle overhauls. (b) In this section: (1) The term "combat arms battalions" means armor, infantry, mechanized infantry, air assault infantry, airborne infantry, ranger, artillery, and combat engineer battalions and armored cavalry and air cavalry squadrons. (2) The term "major repair work” means, in the case of any ship to which such subsection is applicable, any overhaul, modification, alteration, or conversion work which will result in a total cost to the United States of more than $10,000,000. (Pub. L. 93-155, Title VIII, §803(a), Nov. 16, 1973, 87 Stat. 612; Pub. L. 94-106, Title VIII, §801(a), Oct. 7, 1975, 89 Stat. 537; Pub. L. 94– 361, Title III, §302, July 14, 1976, 90 Stat. 924; Pub. L. 96-107, Title III, § 303(b), Nov. 9, 1979, 93 Stat. 806; Pub. L. 96–342, Title X, § 1001(a)(1), (b)–(d)(1), Sept. 8, 1980, 94 Stat. 1117-1119; Pub. L. 96513, Title I, § 102, Title V, §511(4), Dec. 12, 1980, 94 Stat. 2840, 2920; Pub. L. 97-22, Title III, § 2(b), July 10, 1981, 95 Stat. 124; Pub. L. 97-86, Title III, § 302, Title IX, §§ 901(a), 902, 903, Dec. 1, 1981, 95 Stat. 1104, 1113, 1114; Pub. L. 97-113, Title I, § 108(b), Dec. 29, 1981, 95 Stat. 1524; Pub. L. 97-214, §4, July 12, 1982, 96 Stat. 170; Pub. L. 97-252, Title IV, §402(a), Title XI, §§ 1103, 1105, Sept. 8, 1982, 96 Stat. 725, 738, 739; Pub. L. 97-295, § 1(3), (4), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 99-145, Title XII, § 1208, Nov. 8 1985, 99 Stat. 723, 743; Pub. L. 99-433, Title I, §§ 101(a) (2), 110(b), Oct. 1, 1986, 100 Stat. 1002; Pub. L. 99-661, Div. A, Title I, § 105(d), Title IV, §§ 411(c), 413, Title XIII, § 1304(a), Nov. 14, 1986, 100 Stat. 3827, 3861, 3862, 3979.) NOTE Sections 114, 115, and 116 of title 10, United States Code (set out above), comprised section 138 of such title before that section was redesignated and amended by Public Law 99-661. § 119. Special access programs: congressional oversight. (a)(1) Not later than February 1 of each year, the Secretary of Defense shall submit to the defense committees a report on special access programs. (2) Each such report shall set forth (A) the total amount requested for special access programs of the Department of Defense in the President's budget for the next fiscal year submitted under section 1105 of title 31; and (B) for each program in that budget that is a special access program (i) a brief description of the program; (ii) a brief discussion of the major milestones established for the program; (iii) the actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted; and (iv) the estimated total cost of the program and the estimated cost of the program for (I) the current fiscal year, (II) the fiscal year for which the budget is submitted, and (III) each of the four succeeding fiscal years during which the program is expected to be conducted. (3) In the case of a report under paragraph (1) submitted in a year during which the President's budget for the next fiscal year, because 441.2a of multiyear budgeting for the Department of Defense, does not include a full budget request for the Department of Defense, the report required by paragraph (1) shall set forth— (A) the total amount already appropriated for the next fiscal year for special access programs of the Department of Defense and any additional amount requested in that budget for such programs for such fiscal year; and (B) for each program of the Department of Defense that is a special access program, the information specified in paragraph (2)(B). (b)(1) Not later than February 1 of each year, the Secretary of Defense shall submit to the defense committees a report that, with respect to each new special access program, provides— (A) notice of the designation of the program as a special access program; and (B) justification for such designation. (2) A report under paragraph (1) with respect to a program shall include (A) the current estimate of the total program cost for the program; and (B) an identification of existing programs or technologies that are similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the notice. (3) In this subsection, the term "new special access program" means a special access program that has not previously been covered in a notice and justification under this subsection. (c)(1) Whenever a change in the classification of a special access program of the Department of Defense is planned to be made or whenever classified information concerning a special access program of the Department of Defense is to be declassified and made public, the Secretary of Defense shall submit to the defense committees a report containing a description of the proposed change, the reasons for the proposed change, and notice of any public announcement planned to be made with respect to the proposed change. (2) Except as provided in paragraph (3), any report referred to in paragraph (1) shall be submitted not less than 14 days before the date on which the proposed change or public announcement is to occur. (3) If the Secretary determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with respect to a proposed change or public announcement concerning a special access program of the Department of Defense, the Secretary may submit the report required by paragraph (1) regarding the proposed change or public announcement at any time before the proposed change or public announcement is made and shall include in the report an explanation of the exceptional circumstances. (d) Whenever there is a modification or termination of the policy and criteria used for designating a program of the Department of Defense as a special access program, the Secretary of Defense shall promptly notify the defense committees of such modification or termination. Any such notification shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy as modified. |