§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, §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, §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 ; Pub. L. 104–106, div. A, title IV, §§401(c), 415, title V, §513(a)(1), title X, §1061(c), title XV, §1501(c)(3), Feb. 10, 1996, 110 Stat. 286 , 288, 305, 442, 498; Pub. L. 105–85, div. A, title IV, §413(b), title V, §522(i)(1), Nov. 18, 1997, 111 Stat. 1720 , 1736; Pub. L. 106–65, div. A, title IV, §415, Oct. 5, 1999, 113 Stat. 587 ; Pub. L. 106–398, §1 [[div. A], title IV, §422], Oct. 30, 2000, 114 Stat. 1654 , 1654A-96.)

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

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, §522(i)(1), inserted "(dual status)" after "military technicians" in first sentence and after "military technician" in second sentence.

Pub. L. 105–85, §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, §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, §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, §401(c), substituted "1 percent" for "0.5 percent".

Subsec. (d)(1). Pub. L. 104–106, §1501(c)(3)(A), substituted "section 12302" for "section 673".

Subsec. (d)(2). Pub. L. 104–106, §1501(c)(3)(B), substituted "section 12304" for "section 673b".

Subsec. (d)(3). Pub. L. 104–106, §1501(c)(3)(C), substituted "section 12406" for "section 3500 or 8500".

Subsec. (d)(8). Pub. L. 104–106, §415, added par. (8).

Subsec. (f). Pub. L. 104–106, §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, §513(a)(1), added subsec. (g).

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."

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, §1 [[div. A], title IV, §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, §413, Oct. 5, 1999, 113 Stat. 586 .

Pub. L. 105–261, div. A, title IV, §413, Oct. 17, 1998, 112 Stat. 1997 .

Pub. L. 105–85, div. A, title IV, §413(a), Nov. 18, 1997, 111 Stat. 1720 .

Pub. L. 104–201, div. A, title IV, §413(a), Sept. 23, 1996, 110 Stat. 2507 .

Pub. L. 104–106, div. A, title V, §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, §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, §1 [[div. A], title IV, §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, §401, Oct. 5, 1999, 113 Stat. 585 .

Pub. L. 105–261, div. A, title IV, §401, Oct. 17, 1998, 112 Stat. 1995 .

Pub. L. 105–85, div. A, title IV, §401, Nov. 18, 1997, 111 Stat. 1719 .

Pub. L. 104–201, div. A, title IV, §401, Sept. 23, 1996, 110 Stat. 2503 .

Pub. L. 104–106, div. A, title IV, §401(a), Feb. 10, 1996, 110 Stat. 285 .

Pub. L. 103–337, div. A, title IV, §401, Oct. 5, 1994, 108 Stat. 2743 .

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. 104–106, div. A, title XV, §1502(c)(4)(A), Feb. 10, 1996, 110 Stat. 507 .

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 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, §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, §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, §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, §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.