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10 U.S.C. § 115a — Annual defense manpower profile report and related reports

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 115a — Annual defense manpower profile report and related reports

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Source location: Title 10, Chapter 2, § 115a; chapter-002-department-of-defense.md

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**(a)** Not later than April 1 each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives, and furnish to any Member of Congress upon request, a defense manpower profile report. 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 requirements level for each component of the Department of Defense for the next fiscal year and the civilian end-strength level for the prior 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 required by paragraph (1) shall include the following: (A) An explanation of how personnel end strength level requests address threats described in the national defense strategy under [section 113(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113/g&num=0&edition=prelim). (B) The rationale for recommended increases or decreases in active, reserve, and civilian personnel for each component of the Department of Defense. (C) The actual end strength number for each armed force for the prior fiscal year, compared to authorized end strength levels. (D) The shortfall in recruiting by each armed force as a percentage, as the Secretary determines appropriate. **(c)** The Secretary shall include in each report under subsection (a) a detailed discussion of the manpower required for support and overhead functions within the armed forces and the Department of Defense. **(d)** (1) The Secretary shall include in each report under subsection (a) a detailed discussion of the management of the civilian workforce of the Department of Defense. The discussion shall include the matter specified in paragraph (2) for the civilian workforce of— (A) the Office of the Secretary of Defense; (B) the Defense Agencies; (C) the Department of Defense Field Activities; and (D) the military departments. (2) The matter to be included in each discussion under paragraph (1), with respect to the civilian workforce of each element of the Department of Defense named in such paragraph, is the following: (A) An assessment of the projected size and associated cost of such civilian workforce in the current year and for each year in the future-years defense program. (B) If the projected size and associated cost of such civilian workforce has changed from the previous year’s projected size and associated cost, an explanation of the reasons for the increase or decrease from the previous projection, including an explanation of any efforts to reduce the overall costs of the total force of military, civilian, and contract workforces. (C) In the case of a transfer of functions between military, civilian, and contractor workforces, an explanation of the reasons for the transfer and the steps that have been taken to control the overall cost of the function to the Department. **(e)** Not later than April 1 each year, the Secretary shall submit to Congress a report that sets forth, 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 or, in the case of the Space Force, officers ordered to active duty other than under [section 20105(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105/b&num=0&edition=prelim). (4) The opportunities for promotion of commissioned officers anticipated to be estimated pursuant to [section 623(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section623/b/4&num=0&edition=prelim) for the fiscal year in which such report is submitted for purposes of promotion selection boards convened pursuant to [section 611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611&num=0&edition=prelim) during such fiscal year. **(f)** (1) Not later than April 1 each year, the Secretary shall submit to Congress a report that sets forth 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. **(g)** Not later than June 1 each year, the Secretary shall submit to Congress a report that sets forth the following information with respect to personnel assigned to or supporting major Department of Defense headquarters activities: (1) The military end strength and civilian full-time equivalents assigned to major Department of Defense headquarters activities for the preceding fiscal year. (2) A summary of the replacement during the preceding fiscal year of contract workyears providing support to major Department of Defense headquarters activities with military end strength or civilian full-time equivalents, including an estimate of the number of contract workyears associated with the replacement of contracts performing inherently governmental or exempt functions. (3) The plan for the continued review of contract personnel supporting major Department of Defense headquarters activities for possible conversion to military or civilian performance in accordance with [section 2463 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2463&num=0&edition=prelim). (4) The amount of any adjustment in the limitation on personnel made by the Secretary of Defense or the Secretary of a military department, and, for each adjustment made pursuant to section 1111(b)(2) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([10 U.S.C. 143](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section143&num=0&edition=prelim) note), the purpose of the adjustment. **(h)** Not later than April 1 each year, the Secretary shall submit to Congress a report that sets forth the following with respect to personnel: (1) The number of members of the Armed Forces who are not citizens of the United States during the year covered by such report. (2) The immigration status of such members. (3) The number of such members naturalized.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 129 — Civilian personnel management

**(a)** The civilian personnel of the Department of Defense shall be managed each fiscal year solely on the basis of and consistent with (1) the total force management policies and procedures established under [section 129a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section129a&num=0&edition=prelim), (2) the workload required to carry out the functions and activities of the department, and (3) the funds made available to the department for such fiscal year. The management of such personnel in any fiscal year shall not be subject to any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees. The Secretary of Defense and the Secretaries of the military departments may not be required to make a reduction in the number of full-time equivalent positions in the Department of Defense except in accordance with the requirements of this section and [section 129a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section129a&num=0&edition=prelim). **(b)** With respect to each budget activity within an appropriation for a fiscal year for operations and maintenance, the Secretary of Defense shall ensure that there are employed during that fiscal year employees in the number and with the combination of skills and qualifications that are necessary to carry out the functions within that budget activity as determined under the total force management policies and procedures established under [section 129a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section129a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 235 — Repealed. Pub. L. 117–81, div. A, title VIII, § 815(b)(1), Dec. 27, 2021, 135 Stat. 1825]

### Statutory Notes Section, added Pub. L. 111–84, div. A, title VIII, § 803(a)(1), Oct. 28, 2009, 123 Stat. 2401, related to the specification of amounts requested in the Department of Defense budget with respect to the procurement of contract services submitted to Congress in the budget justification materials. Provisions similar to those in this section were contained in Pub. L. 110–181, div. A, title VIII, § 806, Jan. 28, 2008, 122 Stat. 213, which was set out as a note under [section 221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section221&num=0&edition=prelim), prior to repeal by Pub. L. 111–84, § 803(a)(3).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 143 — Office of the Secretary of Defense personnel: limitation

**(a) Permanent Limitation on OSD Personnel.—** The number of OSD personnel may not exceed 4,300. **(b) OSD Personnel Defined.—** For purposes of this section, the term “OSD personnel” means military and civilian personnel of the Department of Defense who are assigned to, or employed in, functions in the Office of the Secretary of Defense (including Direct Support Activities of that Office and the Washington Headquarters Services of the Department of Defense). **(c) Limitation on Reassignment of Functions.—** In carrying out reductions in the number of personnel assigned to, or employed in, the Office of the Secretary of Defense in order to comply with this section, the Secretary of Defense may not reassign functions solely in order to evade the requirements contained in this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 143

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 611 — Convening of selection boards

**(a)** Whenever the needs of the service require, the Secretary of the military department concerned shall convene selection boards to recommend for promotion to the next higher permanent grade, under subchapter II of this chapter, officers on the active-duty list in each permanent grade from first lieutenant through brigadier general in the Army, Air Force, Marine Corps, or Space Force and from lieutenant (junior grade) through rear admiral (lower half) in the Navy. The preceding sentence does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under [section 624(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/a/3&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion. **(b)** Whenever the needs of the service require, the Secretary of the military department concerned may convene selection boards to recommend officers for continuation on active duty under [section 637 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section637&num=0&edition=prelim) or for early retirement under [section 638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638&num=0&edition=prelim). **(c)** The convening of selection boards under subsections (a) and (b) shall be under regulations prescribed by the Secretary of Defense.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2463 — Guidelines and procedures for use of civilian employees to perform Department of Defense functions

**(a) Guidelines Required.—** (1) The Under Secretary of Defense for Personnel and Readiness shall devise and implement guidelines and procedures to ensure that consideration is given to using, on a regular basis, Department of Defense civilian employees to perform new functions and functions that are performed by contractors and could be performed by Department of Defense civilian employees. The Secretary of a military department may prescribe supplemental regulations, if the Secretary determines such regulations are necessary for implementing such guidelines within that military department. (2) The guidelines and procedures required under paragraph (1) may not include any specific limitation or restriction on the number of functions or activities that may be converted to performance by Department of Defense civilian employees. **(b) Special Consideration for Certain Functions.—** The guidelines and procedures required under subsection (a) shall provide for special consideration to be given to using Department of Defense civilian employees to perform any function that— (1) is performed by a contractor and— (A) is a critical function that— (i) is necessary to maintain sufficient Government expertise and technical capabilities; or (ii) entails operational risk associated with contractor performance; (B) is an acquisition workforce function; (C) is a function closely associated with the performance of an inherently governmental function; (D) has been performed by Department of Defense civilian employees at any time during the previous 10-year period; (E) has been performed pursuant to a contract awarded on a non-competitive basis; or (F) has been performed poorly, as determined by a contracting officer during the 5-year period preceding the

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2463

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1105 — Budget contents and submission to Congress

**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following: (1) information on activities and functions of the Government. (2) when practicable, information on costs and achievements of Government programs. (3) other desirable classifications of information. (4) a reconciliation of the summary information on expenditures with proposed appropriations. (5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year. (6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under— (A) laws in effect when the budget is submitted; and (B) proposals in the budget to increase revenues. (7) appropriations, expenditures, and receipts of the Government in the prior fiscal year. (8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year. (9) balanced statements of the— (A) condition of the Treasury at the end of the prior fiscal year; (B) estimated condition of the Treasury at the end of the current fiscal year; and (C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted. (10) essential information about the debt of the Government.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 129a — General policy for total force management

**(a) Policies and Procedures.—** The Secretary of Defense shall establish policies and procedures for determining the most appropriate and cost efficient mix of military, civilian, and contractor personnel to perform the mission of the Department of Defense. **(b) Risk Mitigation Over Cost.—** In establishing the policies and procedures under subsection (a), the Secretary shall clearly provide that attainment of a Department of Defense workforce sufficiently sized and comprised of the appropriate mix of personnel necessary to carry out the mission of the Department and the core mission areas of the armed forces takes precedence over cost. The Secretary may not reduce the civilian workforce programmed full-time equivalent levels, or conduct any reductions or realignments that occur outside the normal programming process (including ad hoc, immediate, or unprogrammed changes) of 50 employees or more implemented before or after the submission of the annual budget request, unless the Secretary conducts an appropriate analysis of the impacts of such reductions on workload, military force structure, lethality, readiness, operational effectiveness, stress on the military force, and fully burdened costs. **(c) Delegation of Responsibilities.—** The Secretary shall delegate responsibility for implementation of the policies and procedures established under subsection (a) as follows: (1) The Under Secretary of Defense for Personnel and Readiness shall have overall responsibility for guidance to implement such policies and procedures. (2) The Secretaries of the military departments and the heads of the Defense Agencies shall have overall responsibility for the requirements determination, planning, programming, and budgeting for such policies and procedures. The Secretary of Def

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 129a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 115a — Annual defense manpower profile report

Page 121 TITLE 10—ARMED FORCES § 115a Pub. L. 98–94, title IV, § 401, Sept. 24, 1983, 97 Stat. 629. Pub. L. 97–252, title IV, § 401, Sept. 8, 1982, 96 Stat. 725. Pub. L. 97–86, title IV, § 401, Dec. 1, 1981, 95 Stat. 1104, as amended by Pub. L. 97–252, title IX, § 903, Sept. 8, 1982, 96 Stat. 729. Pub. L. 96–342, title III, § 301, Sept. 8, 1980, 94 Stat. 1082, as amended by Pub. L. 97–39, title III, § 301, Aug. 14, 1981, 95 Stat. 940. Pub. L. 96–107, title III, § 301, Nov. 9, 1979, 93 Stat. 806. Pub. L. 95–485, title III, § 301, Oct. 20, 1978, 92 Stat. 1613. Pub. L. 95–79, title III, § 301, July 30, 1977, 91 Stat. 326. Pub. L. 94–361, title III, § 301, July 14, 1976, 90 Stat. 924. Pub. L. 94–106, title III, § 301, Oct. 7, 1975, 89 Stat. 532. Pub. L. 93–365, title III, § 301, Aug. 5, 1974, 88 Stat. 401. Pub. L. 93–155, title III, § 301, Nov. 16, 1973, 87 Stat. 607. Pub. L. 92–436, title III, § 301, Sept. 26, 1972, 86 Stat. 735. MINIMUM NUMBER OF NAVY HEALTH PROFESSIONS OFFICERS Pub. L. 102–190, div. A, title VII, § 718(b), Dec. 5, 1991, 105 Stat. 1404, provided that, of the total number of offi- cers authorized to be serving on active duty in Navy on last day of a fiscal year, 12,510 were to be available only for assignment to duties in health profession special- ties, prior to repeal by Pub. L. 104–106, div. A, title V, § 564(d)(2), Feb. 10, 1996, 110 Stat. 327. LIMITATIONS ON REDUCTIONS IN MEDICAL PERSONNEL Pub. L. 101–510, div. A, title VII, § 711, Nov. 5, 1990, 104 Stat. 1582, as amended by Pub. L. 102–190, div. A, title VII, § 718(a), Dec. 5, 1991, 105 Stat. 1404, prohibited Sec- retary of Defense from reducing number of medical per- sonnel of Department of Defense below baseline number unless Secretary certified to Congress that number

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 115a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 143 — Office of the Secretary of Defense per-

Page 217 TITLE 10—ARMED FORCES § 143 lows: ‘‘has the responsibilities for policy, oversight, guidance, and coordination for nuclear command and control systems;’’. 2018—Subsec. (b)(1)(A). Pub. L. 115–232, § 903(1), in- serted ‘‘(other than with respect to business systems and management)’’ after ‘‘sections 3506(a)(2)’’. Subsec. (b)(1)(B). Pub. L. 115–232, § 903(2), substituted ‘‘sections 11315 and 11319 of title 40 (other than with re- spect to business systems and management)’’ for ‘‘sec- tion 11315 of title 40’’. Subsec. (b)(1)(C). Pub. L. 115–232, § 903(3), substituted ‘‘sections 2223(a) (other than with respect to business systems and management) and 2224’’ for ‘‘sections 2222, 2223(a), and 2224’’. 2017—Subsec. (a). Pub. L. 115–91, § 909(a), inserted be- fore period at end ‘‘, who shall be appointed by the President, by and with the advice and consent of the Senate, from among civilians who are qualified to serve as such officer’’. Subsec. (b)(1)(I). Pub. L. 115–91, § 909(b), substituted ‘‘the information technology, networking, information assurance, cybersecurity, and cyber capability archi- tectures’’ for ‘‘the networking and cyber defense archi- tecture’’. Subsec. (b)(2) to (4). Pub. L. 115–91, § 909(c), added pars. (2) and (3) and redesignated former par. (2) as (4). Subsec. (c). Pub. L. 115–91, § 1081(b)(1)(A), repealed Pub. L. 113–291, § 901(j)(1)(B). See 2014 Amendment note below. Pub. L. 115–91, § 909(d), added subsec. (c), relating to the direct report of the Chief Information Officer to the Secretary of Defense. Subsec. (d). Pub. L. 115–91, § 909(d), added subsec. (d). 2016—Subsec. (b)(1)(E) to (I). Pub. L. 114–328 added subpars. (E) to (I). 2014—Subsec. (c). Pub. L. 113–291, § 901(j)(1)(B), which directed striking out subsec

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 143

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