Title 10Armed ForcesRelease 119-73

§10543 National Guard and reserve component equipment procurement and military construction funding: inclusion in future-years defense program

Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART I— - ORGANIZATION AND ADMINISTRATION › Chapter CHAPTER 1013— - BUDGET INFORMATION AND ANNUAL REPORTS TO CONGRESS › § 10543

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense must put into every multi-year defense plan sent to Congress the year-by-year estimates and funding requests for buying equipment and for military construction for each reserve component. The plan’s annexes must list each equipment item to be bought and each construction project to be done, with the project locations, at the same level of detail used for active forces. If the total requested for a year for reserve equipment plus construction is less than 90 percent of the “average authorized amount” (the average of the totals authorized in the two prior years), the Secretary must send Congress a report showing the additional equipment and projects that would be funded to reach that average. That report is due within 90 days after the President sends the budget to Congress.

Full Legal Text

Title 10, §10543

Armed Forces — Source: USLM XML via OLRC

(a)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)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)(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 90 days after the date on which the President submits to Congress the budget for such fiscal year under section 1105(a) of title 31.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Subsec. (c)(3). Pub. L. 112–81 substituted “90 days” for “15 days”. 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).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 104–201, div. A, title XII, § 1257(b), Sept. 23, 1996, 110 Stat. 2699, 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].” Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. Required Level of Detail Pub. L. 105–85, div. A, title X, § 1009(b), Nov. 18, 1997, 111 Stat. 1872, 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.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 10543

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73