
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 402]
[CITE: 10USC691]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                         CHAPTER 39--ACTIVE DUTY
 
Sec. 691. Permanent end strength levels to support two major 
        regional contingencies
        
    (a) The end strengths specified in subsection (b) are the minimum 
strengths necessary to enable the armed forces to fulfill a national 
defense strategy calling for the United States to be able to 
successfully conduct two nearly simultaneous major regional 
contingencies.
    (b) Unless otherwise provided by law, the number of members of the 
armed forces (other than the Coast Guard) on active duty at the end of 
any fiscal year shall be not less than the following:
        (1) For the Army, 480,000.
        (2) For the Navy, 372,000.
        (3) For the Marine Corps, 172,600.
        (4) For the Air Force, 357,000.

    (c) The budget for the Department of Defense for any fiscal year as 
submitted to Congress shall include amounts for funding for each of the 
armed forces (other than the Coast Guard) at least in the amounts 
necessary to maintain the active duty end strengths prescribed in 
subsection (b), as in effect at the time that such budget is submitted.
    (d) No funds appropriated to the Department of Defense may be used 
to implement a reduction of the active duty end strength for any of the 
armed forces (other than the Coast Guard) for any fiscal year below the 
level specified in subsection (b) unless the reduction in end strength 
for that armed force for that fiscal year is specifically authorized by 
law.
    (e) For a fiscal year for which the active duty end strength 
authorized by law pursuant to section 115(a)(1)(A) of this title for any 
of the armed forces is identical to or greater than the number 
applicable to that armed force under subsection (b), the Secretary of 
Defense may reduce that number by not more than 0.5 percent.
    (f) The number of members of the armed forces on active duty shall 
be counted for purposes of this section in the same manner as applies 
under section 115(a)(1) of this title.

(Added Pub. L. 104-106, div. A, title IV, Sec. 401(b)(1), Feb. 10, 1996, 
110 Stat. 285; amended Pub. L. 104-201, div. A, title IV, Sec. 402, 
Sept. 23, 1996, 110 Stat. 2503; Pub. L. 105-85, div. A, title IV, 
Sec. 402, Nov. 18, 1997, 111 Stat. 1719; Pub. L. 105-261, div. A, title 
IV, Sec. 402(a), (b), Oct. 17, 1998, 112 Stat. 1995, 1996; Pub. L. 106-
65, div. A, title IV, Sec. 402(a), title X, Sec. 1066(b)(1), Oct. 5, 
1999, 113 Stat. 585, 772; Pub. L. 106-398, Sec. 1 [[div. A], title IV, 
Secs. 402(a), 403], Oct. 30, 2000, 114 Stat. 1654, 1654A-92.)


                               Amendments

    2000--Subsec. (b)(2) to (4). Pub. L. 106-398, Sec. 1 [[div. A], 
title IV, Sec. 402(a)], substituted ``372,000'' for ``371,781'' in par. 
(2), ``172,600'' for ``172,148'' in par. (3), and ``357,000'' for 
``360,877'' in par. (4).
    Subsec. (e). Pub. L. 106-398, Sec. 1 [[div. A], title IV, Sec. 403], 
inserted ``or greater than'' after ``identical to''.
    1999--Subsec. (b)(2) to (4). Pub. L. 106-65, Sec. 402(a), 
substituted ``371,781'' for ``372,696'' in par. (2), ``172,148'' for 
``172,200'' in par. (3), and ``360,877'' for ``370,802'' in par. (4).
    Subsec. (e). Pub. L. 106-65, Sec. 1066(b)(1), made technical 
amendment to directory language of Pub. L. 105-261, Sec. 402(b). See 
1998 Amendment note below.
    1998--Subsec. (b). Pub. L. 105-261, Sec. 402(a), substituted 
``480,000'' for ``495,000'' in par. (1), ``372,696'' for ``390,802'' in 
par. (2), ``172,200'' for ``174,000'' in par. (3), and ``370,802'' for 
``371,577'' in par. (4).
    Subsec. (e). Pub. L. 105-261, Sec. 402(b), as amended by Pub. L. 
106-65, Sec. 1066(b)(1), substituted ``0.5 percent.'' for ``1 percent 
or, in the case of the Army, by not more than 1.5 percent.''
    1997--Subsec. (b)(2). Pub. L. 105-85, Sec. 402(a)(1), substituted 
``390,802'' for ``395,000''.
    Subsec. (b)(4). Pub. L. 105-85, Sec. 402(a)(2), substituted 
``371,577'' for ``381,000''.
    Subsec. (e). Pub. L. 105-85, Sec. 402(b), inserted ``or, in the case 
of the Army, by not more than 1.5 percent'' before period at end.
    1996--Subsec. (c). Pub. L. 104-201, Sec. 402(a)(2), added subsec. 
(c) and struck out former subsec. (c) which read as follows: ``No funds 
appropriated to the Department of Defense may be used to implement a 
reduction of the active duty end strength for any of the armed forces 
for any fiscal year below the level specified in subsection (b) unless 
the Secretary of Defense submits to Congress notice of the proposed 
lower end strength levels and a justification for those levels. No 
action may then be taken to implement such a reduction for that fiscal 
year until the end of the six-month period beginning on the date of the 
receipt of such notice by Congress.''
    Subsec. (d). Pub. L. 104-201, Sec. 402(a)(2), added subsec. (d). 
Former subsec. (d) redesignated (e).
    Subsec. (e). Pub. L. 104-201, Sec. 402(a)(1), (b), redesignated 
subsec. (d) as (e) and substituted ``not more than 1 percent'' for ``not 
more than 0.5 percent''. Former subsec. (e) redesignated (f).
    Subsec. (f). Pub. L. 104-201, Sec. 402(a)(1), redesignated subsec. 
(e) as (f).


                    Effective Date of 2000 Amendment

    Pub. L. 106-398, Sec. 1 [[div. A], title IV, Sec. 402(b)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-92, provided that: ``The amendments made by 
subsection (a) [amending this section] shall take effect on October 1, 
2000.''


                    Effective Date of 1999 Amendment

    Pub. L. 106-65, div. A, title IV, Sec. 402(b), Oct. 5, 1999, 113 
Stat. 585, provided that: ``The amendments made by subsection (a) 
[amending this section] shall take effect on October 1, 1999.''
    Pub. L. 106-65, div. A, title X, Sec. 1066(b), Oct. 5, 1999, 113 
Stat. 772, provided that the amendment made by section 1066(b) is 
effective Oct. 17, 1998, and as if included in the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999, Pub. L. 105-
261, as enacted.


                    Effective Date of 1998 Amendment

    Pub. L. 105-261, div. A, title IV, Sec. 402(c), Oct. 17, 1998, 112 
Stat. 1996, provided that: ``The amendments made by this section 
[amending this section] shall take effect on October 1, 1998.''
