1995 US Code
Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 2 - DEPARTMENT OF DEFENSE
Sec. 115 - Personnel strengths: requirement for annual authorization

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§115. Personnel strengths: requirement for annual authorization

(a) Congress shall authorize personnel strength levels for each fiscal year for each of the following:

(1) The end strength for each of the armed forces (other than the Coast Guard) for (A) active-duty personnel who are to be paid from funds appropriated for active-duty personnel, and (B) active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel.

(2) The end strength for the Selected Reserve of each reserve component of the armed forces.

(3) The average military training student loads for each of the armed forces (other than the Coast Guard).

(b) No funds may be appropriated for any fiscal year to or for—

(1) the use of active-duty personnel or full-time National Guard duty personnel of any of the armed forces (other than the Coast Guard) unless the end strength for such personnel of that armed force for that fiscal year has been authorized by law;

(2) the use of the Selected Reserve of any reserve component of the armed forces unless the end strength for the Selected Reserve of that component for that fiscal year has been authorized by law; or

(3) training military personnel in the training categories described in subsection (f) of any of the armed forces (other than the Coast Guard) unless the average student load of that armed force for that fiscal year has been authorized by law.

(c) Upon determination by the Secretary of Defense that such action is in the national interest, the Secretary may—

(1) increase the end strength authorized pursuant to subsection (a)(1)(A) for a fiscal year for any of the armed forces by a number equal to not more than 0.5 percent of that end strength; and

(2) increase the end strength authorized pursuant to subsection (a)(1)(B) for a fiscal year for any of the armed forces by a number equal to not more than 2 percent of that end strength.

(d) In counting active-duty personnel for the purpose of the end-strengths authorized pursuant to subsection (a)(1), persons in the following categories shall be excluded:

(1) Members of the Ready Reserve ordered to active duty under section 673 1 of this title.

(2) Members of the Selected Reserve of the Ready Reserve ordered to active duty under section 673b 1 of this title.

(3) Members of the National Guard called into Federal service under section 3500 1 or 8500 1 of this title.

(4) Members of the militia called into Federal service under chapter 15 of this title.

(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.

(4) Officer acquisition training.

(Added Pub. L. 101–510, div. A, title XIV, §1483(a), Nov. 5, 1990, 104 Stat. 1710; amended Pub. L. 102–190, div. A, title III, §312(a), Dec. 5, 1991, 105 Stat. 1335.)

References in Text

Sections 673 and 673b of this title, referred to in subsec. (d)(1), (2), were renumbered sections 12302 and 12304 of this title, respectively, by Pub. L. 103–337, div. A, title XVI, §1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.

Sections 3500 and 8500 of this title, referred to in subsec. (d)(3), were repealed by Pub. L. 103–337, div. A, title XVI, §1662(f)(2), Oct. 5, 1994, 108 Stat. 2994, and reenacted by section 1662(f)(1) thereof as section 12406 of this title.

Prior Provisions

A prior section 115, added Pub. L. 93–155, title VIII, §803(a), Nov. 16, 1973, 87 Stat. 612, §138(b)–(d); amended 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. 96–513, title I, §102, Dec. 12, 1980, 94 Stat. 2840; Pub. L. 97–22, §2(b), July 10, 1981, 95 Stat. 124; Pub. L. 97–86, title IX, §§902, 903, Dec. 1, 1981, 95 Stat. 1113, 1114; Pub. L. 97–252, title IV, §402(a), Sept. 8, 1982, 96 Stat. 725; Pub. L. 97–295, §1(3), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 99–145, title XII, §1208, Nov. 8, 1985, 99 Stat. 723; renumbered §115 Pub. L. 99–433, title I, §§101(a)(2), 110(b)(4), (5), Oct. 1, 1986, 100 Stat. 994, 1002; Pub. L. 99–661, div. A, title IV, §§411(c) [(d)], 413, Nov. 14, 1986, 100 Stat. 3861, 3862; Pub. L. 100–26, §7(j)(2), Apr. 21, 1987, 101 Stat. 283; Pub. L. 100–456, div. A, title VI, §641, Sept. 29, 1988, 102 Stat. 1987, related to annual authorization of personnel strengths and annual manpower requirements reports, prior to repeal and reenactment as sections 115, 115a, 115b [now 10541], 123a, and 129a of this title by Pub. L. 101–510, §1483(a), (b).

Amendments

1991—Subsec. (a)(4). Pub. L. 102–190, §312(a)(1), struck out par. (4) which read as follows: “The end strength for civilian personnel for each component of the Department of Defense.”

Subsec. (b)(2) to (4). Pub. L. 102–190, §312(a)(2), inserted “or” at end of par. (2), substituted a period for “; or” at end of par. (3), and struck out par. (4) which read as follows: “the use of the civilian personnel of any component of the Department of Defense unless the end strength for civilian personnel of that component for that fiscal year has been authorized by law.”

Effect of Reserve Component on Computation of End Strength Limitation for Active Forces for Fiscal Year 1995

Pub. L. 103–337, div. A, title XIII, §1316(c), Oct. 5, 1994, 108 Stat. 2899, provided that:

“(1) A member of a reserve component described in paragraph (2) shall not be counted (under section 115(a)(1) of title 10, United States Code) against the applicable end strength limitation for members of the Armed Forces on active duty for fiscal year 1995 prescribed in section 401 [set out below].

“(2) Paragraph (1) applies in the case of a member of a reserve component who is on active duty under a call or order to active duty for 180 days or more for activities under section 168 of title 10, United States Code, as added by subsection (a).”

End Strengths for Active Forces

Pub. L. 103–337, div. A, title IV, §401, Oct. 5, 1994, 108 Stat. 2743, provided that: “The Armed Forces are authorized strengths for active duty personnel as of September 30, 1995, as follows:

“(1) The Army, 510,000.

“(2) The Navy, 441,641.

“(3) The Marine Corps, 174,000.

“(4) The Air Force, 400,051.”

Similar provisions were contained in the following prior authorization acts:

Pub. L. 103–160, div. A, title IV, §§401, 403, Nov. 30, 1993, 107 Stat. 1639, 1640.

Pub. L. 102–484, div. A, title IV, §§401, 402, Oct. 23, 1992, 106 Stat. 2397.

Pub. L. 102–190, div. A, title IV, §401, title VI, §664, Dec. 5, 1991, 105 Stat. 1349, 1399.

Pub. L. 101–510, div. A, title IV, §§401, 402, Nov. 5, 1990, 104 Stat. 1543, 1544; Pub. L. 102–25, title II, §§201(a), 202, 205(a), Apr. 6, 1991, 105 Stat. 79, 80.

Pub. L. 101–189, div. A, title IV, §401, Nov. 29, 1989, 103 Stat. 1431, as amended by Pub. L. 101–510, div. A, title IV, §401(d), Nov. 5, 1990, 104 Stat. 1544.

Pub. L. 100–456, div. A, title IV, §401, Sept. 29, 1988, 102 Stat. 1963.

Pub. L. 100–180, div. A, title IV, §401, Dec. 4, 1987, 101 Stat. 1081.

Pub. L. 99–661, div. A, title IV, §401, Nov. 14, 1986, 100 Stat. 3859.

Pub. L. 99–145, title IV, §401, Nov. 8, 1985, 99 Stat. 618.

Pub. L. 98–525, title IV, §401, Oct. 19, 1984, 98 Stat. 2516.

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

Section 718(b) of Pub. L. 102–190 provided that: “Of the total number of officers authorized to be serving on active duty in the Navy on the last day of a fiscal year, 12,510 shall be available only for assignment to duties in health profession specialties.”

Limitations on Reductions in Medical Personnel

Section 711 of Pub. L. 101–510, as amended by Pub. L. 102–190, div. A, title VII, §718(a), Dec. 5, 1991, 105 Stat. 1404, provided that:

“(a) Limitation on Reduction.—The Secretary of Defense may not reduce the number of medical personnel of the Department of Defense below the baseline number unless the Secretary of Defense—

“(1) certifies to the Congress that—

“(A) the number of such personnel being reduced is excess to the current and projected needs of the military departments; and

“(B) such reduction will not result in an increase in the cost of health care services provided under the Civilian Health and Medical Program of the Uniformed Services; and

“(2) in the case of military medical personnel, includes in the certification the information specified in subsection (b).

“(b) Information Required.—A certification made by the Secretary of Defense in compliance with subsection (a)(2) shall include the following:

“(1) The strength levels for the individual category of medical personnel involved in the reduction as of September 30, 1989.

“(2) The projected requirements of the Department of Defense over the five-fiscal year period following the fiscal year in which the certification is submitted for medical personnel in the category of medical personnel involved in the reduction.

“(3) The strength level recommended for each component of the Armed Forces for the most recent fiscal year for which the Secretary submitted recommendations pursuant to section 115a(g)(1) of title 10, United States Code (as added by section 1483), for personnel in the category of medical personnel involved in the reduction.

“(c) Definitions.—For purposes of this section:

“(1) The term ‘medical personnel’ has the meaning given that term in section 115a(g)(2) of title 10, United States Code (as added by section 1483), except that such term includes civilian personnel of the Department of Defense assigned to military medical facilities.

“(2) The term ‘category of medical personnel’ means—

“(A) each corps referred to in subparagraphs (A) and (C) of section 115a(g)(2) of such title (as added by section 1483);

“(B) each designation referred to in subparagraph (B) of such section;

“(C) the enlisted personnel referred to in subparagraph (D) of such section; and

“(D) other medical personnel designated as medical personnel by the Secretary pursuant to subparagraph (E) of such section, if any.

“(3) The term ‘baseline number’ means the number equal to the sum of 12,510 and the number of medical personnel of the Department of Defense serving on September 30, 1989, excluding commissioned officers of the Navy.”

Operation Desert Shield Increase in End Strengths of Active Duty Personnel; Authority; Certification

Section 1117 of Pub. L. 101–510, authorized Secretary of Defense, after determining that operational requirements of Operation Desert Shield so require, to increase the end strengths of active duty personnel for fiscal year 1991 by an amount not greater than 0.5 percent of the total end strengths authorized by section 401 of Pub. L. 101–510, set out above, and required certification by Secretary to Committees on Armed Services of Senate and House of Representatives of necessity of such increase, prior to repeal by Pub. L. 102–25, title II, §204, Apr. 6, 1991, 105 Stat. 80.

Cross References

Reserve components named, see section 10101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 8062, 16132 of this title.

1 See References in Text note below.