
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 421(a)]
[Document affected by Public Law 107-107 Section 422]
[Document affected by Public Law 107-107 Section 401]
[Document affected by Public Law 107-107 Section 413]
[Document affected by Public Law 107-107 Section 595]
[CITE: 10USC115]

 
                         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
        
    (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.

    (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; or
        (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.

    (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 1 percent of that end strength;
        (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; and
        (3) vary the end strength authorized pursuant to subsection 
    (a)(2) for a fiscal year for the Selected Reserve of any of the 
    reserve components 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 12302 of this title.
        (2) Members of the Selected Reserve of the Ready Reserve ordered 
    to active duty under section 12304 of this title.
        (3) Members of the National Guard called into Federal service 
    under section 12406 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.
        (8) Members of the Selected Reserve of the Ready Reserve on 
    active duty for more that 180 days to support programs described in 
    section 1203(b) of the Cooperative Threat Reduction Act of 1993 
    (title XII of Public Law 103-160; 22 U.S.C. 5952(b)).
        (9) Members of reserve components (not described in paragraph 
    (8)) on active duty for more than 180 days but less than 271 days to 
    perform special work in support of the combatant commands, except 
    that--
            (A) general and flag officers may not be excluded under this 
        paragraph; and
            (B) the number of members of any of the armed forces 
        excluded under this paragraph may not exceed the number equal to 
        0.2 percent of the end strength authorized for active-duty 
        personnel of that armed force under subsection (a)(1)(A).

    (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) Repealed. Pub. L. 104-106, div. A, title X, Sec. 1061(c)(3), 
Feb. 10, 1996, 110 Stat. 442.]
    (g) Congress shall authorize for each fiscal year the end strength 
for military technicians (dual status) for each reserve component of the 
Army and Air Force. Funds available to the Department of Defense for any 
fiscal year may not be used for the pay of a military technician (dual 
status) during that fiscal year unless the technician fills a position 
that is within the number of such positions authorized by law for that 
fiscal year for the reserve component of that technician. This 
subsection applies without regard to section 129 of this title. In each 
budget submitted by the President to Congress under section 1105 of 
title 31, the end strength requested for military technicians (dual 
status) for each reserve component of the Army and Air Force shall be 
specifically set forth.

(Added Pub. L. 101-510, div. A, title XIV, Sec. 1483(a), Nov. 5, 1990, 
104 Stat. 1710; amended Pub. L. 102-190, div. A, title III, Sec. 312(a), 
Dec. 5, 1991, 105 Stat. 1335; Pub. L. 104-106, div. A, title IV, 
Secs. 401(c), 415, title V, Sec. 513(a)(1), title X, Sec. 1061(c), title 
XV, Sec. 1501(c)(3), Feb. 10, 1996, 110 Stat. 286, 288, 305, 442, 498; 
Pub. L. 105-85, div. A, title IV, Sec. 413(b), title V, Sec. 522(i)(1), 
Nov. 18, 1997, 111 Stat. 1720, 1736; Pub. L. 106-65, div. A, title IV, 
Sec. 415, Oct. 5, 1999, 113 Stat. 587; Pub. L. 106-398, Sec. 1 [[div. 
A], title IV, Sec. 422], Oct. 30, 2000, 114 Stat. 1654, 1654A-96.)


                            Prior Provisions

    A prior section 115, added Pub. L. 93-155, title VIII, Sec. 803(a), 
Nov. 16, 1973, 87 Stat. 612, Sec. 138(b)-(d); amended Pub. L. 94-361, 
title III, Sec. 302, July 14, 1976, 90 Stat. 924; Pub. L. 96-107, title 
III, Sec. 303(b), Nov. 9, 1979, 93 Stat. 806; Pub. L. 96-513, title I, 
Sec. 102, Dec. 12, 1980, 94 Stat. 2840; Pub. L. 97-22, Sec. 2(b), July 
10, 1981, 95 Stat. 124; Pub. L. 97-86, title IX, Secs. 902, 903, Dec. 1, 
1981, 95 Stat. 1113, 1114; Pub. L. 97-252, title IV, Sec. 402(a), Sept. 
8, 1982, 96 Stat. 725; Pub. L. 97-295, Sec. 1(3), Oct. 12, 1982, 96 
Stat. 1289; Pub. L. 99-145, title XII, Sec. 1208, Nov. 8, 1985, 99 Stat. 
723; renumbered Sec. 115 Pub. L. 99-433, title I, Secs. 101(a)(2), 
110(b)(4), (5), Oct. 1, 1986, 100 Stat. 994, 1002; Pub. L. 99-661, div. 
A, title IV, Secs. 411(c) [(d)], 413, Nov. 14, 1986, 100 Stat. 3861, 
3862; Pub. L. 100-26, Sec. 7(j)(2), Apr. 21, 1987, 101 Stat. 283; Pub. 
L. 100-456, div. A, title VI, Sec. 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, Sec. 1483(a), (b).


                               Amendments

    2000--Subsec. (d)(9). Pub. L. 106-398 added par. (9).
    1999--Subsec. (c)(3). Pub. L. 106-65 added par. (3).
    1997--Subsec. (g). Pub. L. 105-85, Sec. 522(i)(1), inserted ``(dual 
status)'' after ``military technicians'' in first sentence and after 
``military technician'' in second sentence.
    Pub. L. 105-85, Sec. 413(b), inserted at end ``In each budget 
submitted by the President to Congress under section 1105 of title 31, 
the end strength requested for military technicians (dual status) for 
each reserve component of the Army and Air Force shall be specifically 
set forth.''
    1996--Subsec. (a)(3). Pub. L. 104-106, Sec. 1061(c)(1), struck out 
par. (3) which read as follows: ``The average military training student 
loads for each of the armed forces (other than the Coast Guard).''
    Subsec. (b). Pub. L. 104-106, Sec. 1061(c)(2), inserted ``or'' at 
end of par. (1), substituted a period for ``; or'' at end of par. (2), 
and struck out par. (3) which read as follows: ``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.''
    Subsec. (c)(1). Pub. L. 104-106, Sec. 401(c), substituted ``1 
percent'' for ``0.5 percent''.
    Subsec. (d)(1). Pub. L. 104-106, Sec. 1501(c)(3)(A), substituted 
``section 12302'' for ``section 673''.
    Subsec. (d)(2). Pub. L. 104-106, Sec. 1501(c)(3)(B), substituted 
``section 12304'' for ``section 673b''.
    Subsec. (d)(3). Pub. L. 104-106, Sec. 1501(c)(3)(C), substituted 
``section 12406'' for ``section 3500 or 8500''.
    Subsec. (d)(8). Pub. L. 104-106, Sec. 415, added par. (8).
    Subsec. (f). Pub. L. 104-106, Sec. 1061(c)(3), struck out subsec. 
(f) which read as follows: ``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.''
    Subsec. (g). Pub. L. 104-106, Sec. 513(a)(1), added subsec. (g).
    1991--Subsec. (a)(4). Pub. L. 102-190, Sec. 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, Sec. 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.''


                    Effective Date of 1996 Amendment

    Section 513(a)(2) of Pub. L. 104-106 provided that: ``The amendment 
made by paragraph (1) [amending this section] does not apply with 
respect to fiscal year 1995.''
    Section 1501(c) of Pub. L. 104-106 provided that the amendment made 
by that section is effective as of Dec. 1, 1994, and as if included as 
an amendment made by the Reserve Officer Personnel Management Act, title 
XVI of Pub. L. 103-337, as originally enacted.


Authorization for Increase in Active-Duty End Strengths for Fiscal Year 
                                  1996

    Section 432 of Pub. L. 104-106 provided that:
    ``(a) Authorization.--There is hereby authorized to be appropriated 
to the Department of Defense for fiscal year 1996 for military personnel 
the sum of $112,000,000. Any amount appropriated pursuant to this 
section shall be allocated, in such manner as the Secretary of Defense 
prescribes, among appropriations for active-component military personnel 
for that fiscal year and shall be available only to increase the number 
of members of the Armed Forces on active duty during that fiscal year 
(compared to the number of members that would be on active duty but for 
such appropriation).
    ``(b) Effect on End Strengths.--The end-strength authorizations in 
section 401 [set out below] shall each be deemed to be increased by such 
number as necessary to take account of additional members of the Armed 
Forces authorized by the Secretary of Defense pursuant to subsection 
(a).''


                 Minimum Number of Military Technicians

    Pub. L. 106-398, Sec. 1 [[div. A], title IV, Sec. 413], Oct. 30, 
2000, 114 Stat. 1654, 1654A-93, provided that: ``The minimum number of 
military technicians (dual status) as of the last day of fiscal year 
2001 for the reserve components of the Army and the Air Force 
(notwithstanding section 129 of title 10, United States Code) shall be 
the following:
        ``(1) For the Army National Guard of the United States, 23,128.
        ``(2) For the Army Reserve, 5,921.
        ``(3) For the Air National Guard of the United States, 22,247.
        ``(4) For the Air Force Reserve, 9,785.''
    Similar provisions were contained in the following prior 
authorization acts:
    Pub. L. 106-65, div. A, title IV, Sec. 413, Oct. 5, 1999, 113 Stat. 
586.
    Pub. L. 105-261, div. A, title IV, Sec. 413, Oct. 17, 1998, 112 
Stat. 1997.
    Pub. L. 105-85, div. A, title IV, Sec. 413(a), Nov. 18, 1997, 111 
Stat. 1720.
    Pub. L. 104-201, div. A, title IV, Sec. 413(a), Sept. 23, 1996, 110 
Stat. 2507.
    Pub. L. 104-106, div. A, title V, Sec. 513(b), Feb. 10, 1996, 110 
Stat. 305.


  Comptroller General Review of Proposed Army End Strength Allocations

    Section 552 of Pub. L. 104-106 provided that:
    ``(a) In General.--During fiscal years 1996 through 2001, the 
Comptroller General of the United States shall analyze the plans of the 
Secretary of the Army for the allocation of assigned active component 
end strengths for the Army through the requirements process known as 
Total Army Analysis 2003 and through any subsequent similar requirements 
process of the Army that is conducted before 2002. The Comptroller 
General's analysis shall consider whether the proposed active component 
end strengths and planned allocation of forces for that period will be 
sufficient to implement the national military strategy. In monitoring 
those plans, the Comptroller General shall determine the extent to which 
the Army will be able during that period--
        ``(1) to man fully the combat force based on the projected 
    active component Army end strength for each of fiscal years 1996 
    through 2001;
        ``(2) to meet the support requirements for the force and 
    strategy specified in the report of the Bottom-Up Review, including 
    requirements for operations other than war; and
        ``(3) to streamline further Army infrastructure in order to 
    eliminate duplication and inefficiencies and replace active duty 
    personnel in overhead positions, whenever practicable, with civilian 
    or reserve personnel.
    ``(b) Access to Documents, Etc.--The Secretary of the Army shall 
ensure that the Comptroller General is provided access, on a timely 
basis and in accordance with the needs of the Comptroller General, to 
all analyses, models, memoranda, reports, and other documents prepared 
or used in connection with the requirements process of the Army known as 
Total Army Analysis 2003 and any subsequent similar requirements process 
of the Army that is conducted before 2002.
    ``(c) Annual Report.--Not later than March 1 of each year through 
2002, the Comptroller General shall submit to Congress a report on the 
findings and conclusions of the Comptroller General under this 
section.''


 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, Sec. 1316(c), Oct. 5, 1994, 108 
Stat. 2899, provided that 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 this title shall not be counted 
(under section 115(a)(1) of this title) against the applicable end 
strength limitation for members of the Armed Forces on active duty for 
fiscal year 1995 prescribed in section 401 of Pub. L. 103-337, formerly 
set out below.


                     End Strengths for Active Forces

    Pub. L. 106-398, Sec. 1 [[div. A], title IV, Sec. 401], Oct. 30, 
2000, 114 Stat. 1654, 1654A-92, provided that: ``The Armed Forces are 
authorized strengths for active duty personnel as of September 30, 2001, 
as follows:
        ``(1) The Army, 480,000.
        ``(2) The Navy, 372,642.
        ``(3) The Marine Corps, 172,600.
        ``(4) The Air Force, 357,000.''
    Similar provisions were contained in the following prior 
authorization acts:
    Pub. L. 106-65, div. A, title IV, Sec. 401, Oct. 5, 1999, 113 Stat. 
585.
    Pub. L. 105-261, div. A, title IV, Sec. 401, Oct. 17, 1998, 112 
Stat. 1995.
    Pub. L. 105-85, div. A, title IV, Sec. 401, Nov. 18, 1997, 111 Stat. 
1719.
    Pub. L. 104-201, div. A, title IV, Sec. 401, Sept. 23, 1996, 110 
Stat. 2503.
    Pub. L. 104-106, div. A, title IV, Sec. 401(a), Feb. 10, 1996, 110 
Stat. 285.
    Pub. L. 103-337, div. A, title IV, Sec. 401, Oct. 5, 1994, 108 Stat. 
2743.
    Pub. L. 103-160, div. A, title IV, Secs. 401, 403, Nov. 30, 1993, 
107 Stat. 1639, 1640.
    Pub. L. 102-484, div. A, title IV, Secs. 401, 402, Oct. 23, 1992, 
106 Stat. 2397.
    Pub. L. 102-190, div. A, title IV, Sec. 401, title VI, Sec. 664, 
Dec. 5, 1991, 105 Stat. 1349, 1399.
    Pub. L. 101-510, div. A, title IV, Secs. 401, 402, Nov. 5, 1990, 104 
Stat. 1543, 1544; Pub. L. 102-25, title II, Secs. 201(a), 202, 205(a), 
Apr. 6, 1991, 105 Stat. 79, 80; Pub. L. 104-106, div. A, title XV, 
Sec. 1502(c)(4)(A), Feb. 10, 1996, 110 Stat. 507.
    Pub. L. 101-189, div. A, title IV, Sec. 401, Nov. 29, 1989, 103 
Stat. 1431, as amended by Pub. L. 101-510, div. A, title IV, 
Sec. 401(d), Nov. 5, 1990, 104 Stat. 1544.
    Pub. L. 100-456, div. A, title IV, Sec. 401, Sept. 29, 1988, 102 
Stat. 1963.
    Pub. L. 100-180, div. A, title IV, Sec. 401, Dec. 4, 1987, 101 Stat. 
1081.
    Pub. L. 99-661, div. A, title IV, Sec. 401, Nov. 14, 1986, 100 Stat. 
3859.
    Pub. L. 99-145, title IV, Sec. 401, Nov. 8, 1985, 99 Stat. 618.
    Pub. L. 98-525, title IV, Sec. 401, Oct. 19, 1984, 98 Stat. 2516.
    Pub. L. 98-94, title IV, Sec. 401, Sept. 24, 1983, 97 Stat. 629.
    Pub. L. 97-252, title IV, Sec. 401, Sept. 8, 1982, 96 Stat. 725.
    Pub. L. 97-86, title IV, Sec. 401, Dec. 1, 1981, 95 Stat. 1104, as 
amended by Pub. L. 97-252, title IX, Sec. 903, Sept. 8, 1982, 96 Stat. 
729.
    Pub. L. 96-342, title III, Sec. 301, Sept. 8, 1980, 94 Stat. 1082, 
as amended by Pub. L. 97-39, title III, Sec. 301, Aug. 14, 1981, 95 
Stat. 940.
    Pub. L. 96-107, title III, Sec. 301, Nov. 9, 1979, 93 Stat. 806.
    Pub. L. 95-485, title III, Sec. 301, Oct. 20, 1978, 92 Stat. 1613.
    Pub. L. 95-79, title III, Sec. 301, July 30, 1977, 91 Stat. 326.
    Pub. L. 94-361, title III, Sec. 301, July 14, 1976, 90 Stat. 924.
    Pub. L. 94-106, title III, Sec. 301, Oct. 7, 1975, 89 Stat. 532.
    Pub. L. 93-365, title III, Sec. 301, Aug. 5, 1974, 88 Stat. 401.
    Pub. L. 93-155, title III, Sec. 301, Nov. 16, 1973, 87 Stat. 607.
    Pub. L. 92-436, title III, Sec. 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 Navy on last day 
of a fiscal year, 12,510 were to be available only for assignment to 
duties in health profession specialties, prior to repeal by Pub. L. 104-
106, div. A, title V, Sec. 564(d)(2), Feb. 10, 1996, 110 Stat. 327.


             Limitations on Reductions in Medical Personnel

    Section 711 of Pub. L. 101-510, as amended by Pub. L. 102-190, div. 
A, title VII, Sec. 718(a), Dec. 5, 1991, 105 Stat. 1404, prohibited 
Secretary of Defense from reducing number of medical personnel of 
Department of Defense below baseline number unless Secretary certified 
to Congress that number of such personnel being reduced was excess to 
current and projected needs of military departments, and such reduction 
would not result in increase in cost of health care services provided 
under Civilian Health and Medical Program of the Uniformed Services, 
and, in case of military medical personnel, included in certification 
information on strength levels for individual category of medical 
personnel involved in reduction as of Sept. 30, 1989, projected 
requirements of Department over 5-fiscal year period following fiscal 
year in which certification was submitted for medical personnel in 
category of medical personnel involved, and strength level recommended 
for each component of Armed Forces for most recent fiscal year for which 
Secretary submitted recommendations pursuant to section 115a(g)(1) of 
this title for personnel in category of medical personnel involved, 
prior to repeal by Pub. L. 104-106, div. A, title V, Sec. 564(d)(1), 
Feb. 10, 1996, 110 Stat. 327. See section 129c of this title.


    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, Sec. 204, 
Apr. 6, 1991, 105 Stat. 80.

                  Section Referred to in Other Sections

    This section is referred to in sections 168, 691, 3201, 8062, 10216, 
12011, 12012, 12310, 16132 of this title.
