Subsec. (b). Pub. L. 97-86, § 902, designated existing provisions as par. (1), substituted "authorize the average personnel strength" for "authorize the personnel strength", and added par. (2). Subsec. (c)(3)(D)iiiXI). Pub. L. 97-22 struck out "and active military service" after "active commissioned service". Subsec. (c)(4). Pub. L. 97-86, § 903, added par. (4). Subsec. (e)(3), (4). Pub. L. 97-86, § 302, struck out pars. (3) and (4) which required the Secretary to include in each report a projection of the combat readiness of specified military units proposed to be maintained during the next fiscal year. Subsec. (g). Pub. L. 97-113 added subsec. (g). 1980-Pub. L. 96-342, § 1001(d)(1), substituted "Annual authorization of appropriations and personnel strengths for the armed forces; annual manpower requirements and operations and maintenance reports" for "Secretary of Defense: Annual authorization of appropriations for armed forces" in section catchline. Subsec. (a). Pub. L. 96-342, § 1001(a)(1), (b)(1), in cl. (6) substituted reference to subsec. (f) for reference to subsec. (e), and added cl. (7). Subsec. (c)(1). Pub. L. 96-513, § 102(a), designated existing provisions as subpar. (A) and added subpars. (B) and (C). Subsec. (c)(3)(D). Pub. L. 96-513, § 102(b), substituted provisions relating to expanded coverage in the annual report of the Secretary of Defense for provisions under which the report had formerly covered only the estimated requirements in members on active duty during the next fiscal year, the estimated number of commissioned officers in each grade on active duty and to be promoted during the next fiscal year, and an analysis of the distribution by grade of commissioned officers on active duty at the time the report was prepared. Subsec. (e). Pub. L. 96-342, § 1001(b)(2), (3), added subsec. (e). Former subsec. (e) redesignated (f)(1). Subsec. (f). Pub. L. 96-513, § 511(4), substituted “(42 U.S.C. 15941)" for "(71 Stat. 556)" in par. (1), and substituted "In subsection (e)" for "In subsection (f)" in par. (2). Pub. L. 96-342, § 1001(b)(2), (c), redesignated subsec. (e) as (f), substituted "(1) In subsection (a)(6)" for "For purposes of subsection (a)(6) of this section", and added par. (2). 1979 Subsec. (c)(3). Pub. L. 96-107 restructured existing provisions into subpars. (A) to (C) with minor changes in phraseology and added subpar. (D). 1976-Subsec. (c)(3). Pub. L. 94-361 required the report to Congress to identify, define, and group by mission and by region the types of military bases, installations, and facilities and to provide an explanation and justification of the relationship between the base structure and the proposed military force structure together with a comprehensive identification of base operating support costs and an evaluation of possible alternatives to reduce the costs. 1975 Subsec. (a)(6). Pub. L. 94-106, § 801(a)(1), added par. (6). Subsec. (e). Pub. L. 94–106, § 801(a)(2), added subsec. (e). EFFECTIVE DATE of 1982 AMENDMENTS Section 402(b) of Pub. L. 97-252 provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to end strengths for active-duty personnel authorized for fiscal years beginning after September 30, 1981." Amendment by Pub. L. 97-214 applicable with respect to funds appropriated for fiscal years beginning after Sept. 30, 1983, see section 12(b) of Pub. L. 97-214, set out as a note under section 2801 of this title. EFFECTIVE DATE of 1981 AMENDMENT Section 901(b) of Pub. L. 97-86 provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to funds appropriated for fiscal years beginning after September 30, 1982." EFFECTIVE DATE OF 1980 AMENDMENTS Amendment by section 102 of Pub. L. 96-513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96-513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out as a note under section 101 of this title. Amendment by section 511(4) of Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513. Section 1001(a)(2) of Pub. L. 96-342 provided that: "The amendments made by paragraph (1) [amending this section] shall apply with respect to funds appropriated for fiscal years beginning after September 30, 1981." APPLICABILITY OF PROVISIONS Relating to FUNDS NOT HERETOFORE REQUIRED TO BE AUTHORIZED Section 801(b) of Pub. L. 94-106 provided that: "The amendment provided by paragraph (2) of subsection (a) above [enacting subsec. (e) of this section] with respect to funds not heretofore required to be authorized shall only apply to funds authorized for appropriation for fiscal year 1977 and thereafter." AVAILABILITY OF APPROPRIATIONS Pub. L. 101-165, title IX, § 9017, Nov. 21, 1989, 103 Stat. 1133, which prohibited funding to be used for planning or executing programs which utilized amounts credited to the Department of Defense pursuant to section 2777(a) of Title 22, Foreign Relations and Intercourse, was repealed and restated in subsec. (c)(2) of this section by Pub. L. 101-510, div. A, title XIV, § 1481(a), Nov. 5, 1990, 104 Stat. 1704. The following general provisions, which had been repeated as fiscal year provisions in prior appropriation acts, were enacted as permanent law in the Department of Defense Appropriations Act, 1986, Pub. L. 99-190, § 101(b) [title VIII, §§ 8005, 8006, 8009], Dec. 19, 1985, 99 Stat. 1185, 1202, 1203, 1204: "SEC. 8005. [Authorized use of appropriated funds for expenses in connection with administration of occupied areas; payment of rewards for information leading to discovery of missing naval property or recovery thereof; payment of deficiency judgments and interests thereon arising out of condemnation proceedings; leasing of buildings and facilities; payments under contracts for maintenance of tools and facilities for twelve months; maintenance of defense access roads; purchase of milk for enlisted personnel; payments under leases for real or personal property, including maintenance; purchase of right-hand-drive vehicles not to exceed $12,000 per vehicle; payment of unusual cost overruns incident to ship overhaul, maintenance, and repair; payments from annual appropriations to industrial fund activities and/or under contract for changes in scope of ship overhaul, maintenance, and repair after expiration of such appropriations; and payments for depot maintenance contracts for twelve months; and was repealed and (except for section 8005(e)) restated in sections 2242(2), 2252, 2253(a)(2), 2389(b), 2410a, 2661(b), and 7313 of this title by Pub. L. 100-370, § 1(e)(1), (h)(1), (2), (l)(3), (n)(1), (p)(3), July 19, 1988, 102 Stat. 844, 847, 849–851. Section 8005(c) was not restated in view of section 2676(e) of this title.] "SEC. 8006. [Authorized use of appropriated funds for military courts, boards, and commissions; utility services for buildings erected at private cost and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; and exchange fees, and losses in accounts of disbursing officers or agents; and was repealed and restated in sections 2242(3), 2490, and 2781 of this title by Pub. L. 100-370, § 1(e)(1), (j)(1), (m)(1), (p)(3), July 19, 1988, 102 Stat. 844, 848, 849, 851.] "SEC. 8009. [Provided for exemption from apportionment requirement; exceptions for cost of airborne alerts and cost of increased military personnel on active duty; and for reports to Congress; and was repealed and restated in section 2201 of this title by Pub. L. 100-370, § 1(d)(1), July 19, 1988, 102 Stat. 841.]" The following general provisions, that had been repeated as fiscal year provisions in prior appropriation acts, were enacted as permanent law in the Department of Defense Appropriation Act, 1984, Pub. L. 98-212, title VII, §§ 705-707, 723, 728, 735, 774, Dec. 8, 1983, 97 Stat. 1437, 1438, 1443, 1444, 1452: "SEC. 705. [Authorized use of appropriated funds for insurance of official motor vehicles in foreign countries; advance payments for investigations in foreign countries; security guard services for protection of confidential files; and other necessary expenses; and was repealed and restated in sections 2241(b), 2242(1), (4), and 2253(a)(1) of this title by Pub. L. 100-370, § 1(e)(1), (p)(1), July 19, 1988, 102 Stat. 844, 851.] "SEC. 706. [Authorized use of appropriated funds for expenses incident to maintenance, pay, and allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status was determined by Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation, and was repealed by Pub. L. 98-525, title XIV, §§ 1403(a)(1), 1404, Oct. 19, 1984, 98 Stat. 2621, effective Oct. 1, 1985. See section 956(5) of this title.] "SEC. 707. [Authorized use of appropriated funds for acquisition of certain interests in land, and was repealed and restated in sections 2673 and 2828(h) of this title by Pub. L. 100-370, § 1(Z)(1), (2), (p)(1), July 19, 1988, 102 Stat. 849, 851.] "SEC. 723. [Authorized use of appropriated funds for purchase of household furnishings, and automobiles from military and civilian personnel on duty outside continental United States, for purpose of resale at cost to incoming personnel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of Department of Defense on duty outside continental United States or in Alaska, and was repealed and restated in section 2251 of this title by Pub. L. 100-370, § 1(e)(1), (p)(1), July 19, 1988, 102 Stat. 844, 851.] "SEC. 728. [Prohibited use of appropriated funds for payment of costs of advertising by any defense contractor, except advertising for which payment is made from profits, provided exemptions for advertising for personnel recruitment, procurement of scarce required items, and disposal of scrap or surplus materials, and was repealed by Pub. L. 100-370, § 1(p)(1), July 19, 1988, 102 Stat. 851. See section 2324(e)(1)(H) of this title.] "SEC. 735. [Authorized use of appropriated funds for operation and maintenance of the active forces for welfare and recreation; hire of passenger motor vehicles; repair of facilities; modification of personal property; design of vessels; industrial mobilization; installation of equipment in public and private plants; military communications facilities on merchant vessels; acquisition of services, special clothing, supplies, and equipment; and expenses for the Reserve Officers' Training Corps and other units at educational institutions was amended by Pub. L. 98-525, title XIV, §§ 1403(a)(2), 1404, Oct. 19, 1984, 98 Stat. 2621, eff. Oct. 1, 1985, and was repealed and restated in sections 2241(a) and 2661(a) of this title by Pub. L. 100-370, § 1(e)(1), (2)(3), (p)(1), July 19, 1988, 102 Stat. 844, 849, 851.] "SEC. 774. During the current fiscal year and subsequent fiscal years, for the purposes of the appropriation 'Foreign Currency Fluctuations, Defense' the foreign currency exchange rates used in preparing budget submissions shall be the foreign currency exchange rates as adjusted or modified, as reflected in applicable Committee reports on this Act." BUDGET DETERMINATION BY DIRECTOR OF OMB Pub. L. 102-484, div. D, title XLV, § 4501, Oct. 23, 1992, 106 Stat. 2769, provided that: "(a) REQUIREMENT FOR DETERMINATION.-An amount made available under this Act [see Tables for classification] for a program described in subsection (b) may be obligated for that program only if expenditures for that program have been determined by the Director of the Office of Management and Budget to be counted against the defense category of the discretionary spending limits for fiscal year 1993 (as defined in section 601(a)(2) of the Congressional Budget Act of 1974 [2 U.S.C. 665(a)(2)]) for purposes of part C of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 900 et seq.). "(b) COVERED PROGRAMS.-The programs referred to in subsection (a) are the programs under title XLIII [enacting section 2552 of this title, amending section 2391 of this title, and enacting provisions set out as notes under section 2391 of this title] and subtitles D through G of title XLIV [§§ 4441 to 4497, enacting sections 1143a, 1151, 1598, 2410c, and 2410d of this title and section 1662d-1 of Title 29, Labor, amending sections 1142 and 1144 of this title and sections 1551, 1661, 1661c, and 1662d of Title 29, and enacting provisions set out as notes under sections 1143, 1143a, 2410d, 2501, 2504, and 2701 of this title and section 1662d-1 of Title 29]. "(c) EFFECT ON APPROPRIATIONS FOR PROGRAMS NOT COUNTED AGAINST DEFENSE CATEGORY.-(1) Not later than the third day after the date of the enactment of this Act [Oct. 23, 1992], the Director of the Office of Management and Budget shall make a determination as to the classification by discretionary spending limit category for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 [see Short Title note set out under section 900 of Title 2, The Congress] of amounts appropriated for fiscal year 1993 for each of the programs described in subsection (b). If the Director determines that any such amount shall not classify against the defense category, then the President shall submit to Congress a report listing all such amounts that the Director has determined will not classify against the defense category (as described in subsection (a)). Such report shall contain an explanation for each such determination. “(2) All amounts listed in the report under paragraph (1) may be transferred only to the programs under titles XLII, XLIII, and XLIV [see Tables for classification] that are classified against the defense category by virtue of the report of the President submitted under paragraph (1) pursuant to amounts specified in appropriation Acts. Any such transfer shall be taken into account for purposes of calculating all reports under section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 904]." CLASSIFIED ANNEX Pub. L. 103-337, div. A, title X, § 1003, Oct. 5, 1994, 108 Stat. 2834, provided that: "(a) STATUS OF CLASSIFIED ANNEX.-The Classified Annex prepared by the committee of conference to accompany the bill S. 2182 of the One Hundred Third Congress [Pub. L. 103-337] and transmitted to the President is hereby incorporated into this Act [see Tables for classification]. "(b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT.-The amounts specified in the Classified Annex are not in addition to amounts authorized to be appropriated by other provisions of this Act. "(c) LIMITATION ON USE OF FUNDS.-Funds appropriated pursuant to an authorization contained in this Act that are made available for a program, project, or activity referred to in the Classified Annex may only be expended for such program, project, or activity in accordance with such terms, conditions, limitations, restrictions, and requirements as are set out for that program, project, or activity in the Classified Annex. "(d) DISTRIBUTion of ClassiIFIED ANNEX.-The President shall provide for appropriate distribution of the Classified Annex, or of appropriate portions of the annex, within the executive branch of the Government." Pub. L. 103-335, title VIII, § 8084, Sept. 30, 1994, 108 Stat. 2637, provided that: "The classified Annex prepared by the Committee on Appropriations to accompany the report on the Department of Defense Appropriations Act, 1995 [Pub. L. 103-335] is hereby incorporated into this Act [see Tables for classification]: Provided, That the amounts specified in the classified Annex are not in addition to amounts appropriated by other provisions of this Act: Provided further, That the President shall provide for appropriate distribution of the classified Annex, or of appropriate portions of the classified Annex, within the executive branch of the Government." Similar provisions were contained in the following prior authorization and appropriation acts: Pub. L. 103-160, div. A, title XI, § 1103, Nov. 30, 1993, 107 Stat. 1749. Pub. L. 103-139, title VIII, § 8108, Nov. 11, 1993, 107 Stat. 1464. Pub. L. 102-484, div. A, title X, § 1006, Oct. 23, 1992, 106 Stat. 2482. Pub. L. 102-396, title IX, § 9126, Oct. 6, 1992, 106 Stat. 1931. Pub. L. 102-190, div. A, title X, § 1005, Dec. 5, 1991, 105 Stat. 1457. Pub. L. 102-172, title VIII, § 8124, Nov. 26, 1991, 105 Stat. 1206. Pub. L. 101-511, title VIII, § 8111, Nov. 5, 1990, 104 Stat. 1904. Pub. L. 101-510, div. A, title XIV, § 1409, Nov. 5, 1990, 104 Stat. 1681. BUDGET ACT LIMITATION Section 1304(b) of Pub. L. 99-661 provided that: "New spending authority (as defined in section 401(c)(2) of the Congressional Budget Act of 1974 [2 U.S.C. 651(c)(2)]) provided by the amendment made by subsection (a) [amending this section] shall be effective for any fiscal year only to the extent or in such amounts as are provided in appropriation Acts." LIMITATION ON SOURCE OF FUNDS FOR NICARAGUAN DEMOCRATIC RESISTANCE Section 1351 of Pub. L. 99-661 provided that: "(a) LIMITATION.-Notwithstanding title II of the Military Construction Appropriations Act, 1987 [Pub. L. 99-500, 101(k) [title II1, Oct. 18, 1986, 100 Stat. 1783-287, 1783-295, and Pub. L. 99-591, § 101(k) [title III, Oct. 30, 1986, 100 Stat. 3341-287, 3341-295], or any other provision of law, funds appropriated or otherwise made available to the Department of Defense for any fiscal year for operation and maintenance may not be used to provide assistance for the democratic resistance forces in Nicaragua. If funds appropriated or otherwise made available to the Department of Defense for any fiscal year are authorized by law to be used for such assistance, funds for such purpose may only be derived from amounts appropriated or otherwise made available to the Department for procurement (other than ammunition). "(b) REPORT.-Before funds appropriated or otherwise made available to the Department of Defense are released to be used for the purpose described in subsection (a), the Secretary of Defense shall submit to Congress a report describing the specific source of such funds." USE OF APPROPRIATED FUNDS TO SUPPORT REVENUE IN LARGE METROPOLITAN Pub. L. 99-500, § 101(c) [title IX, § 9102], Oct. 18, 1986, 100 Stat. 1783-82, 1783-118, and Pub. L. 99-591, $101(c) [title IX, § 91021, Oct. 30, 1986, 100 Stat. 3341-82, 3341-118, which provided that after Sept. 30, 1987, no appropriated funds could be used to support revenue generating morale, welfare, and recreation activities in large metropolitan areas, was repealed by Pub. L. 100-202, § 101(b) [title VIII, § 80991, Dec. 22, 1987, 101 Stat. 1329-43, 1329-78. TRANSFER OF OPERATION AND MAINTENANCE APPROPRIATIONS UNOBLIGATED BALANCES TO FOREIGN CURRENCY FLUCTUations, Defense, ApproprIATION Pub. L. 97-377, title I, § 101(c) [title VII, § 7911, Dec. 21, 1982, 96 Stat. 1865, provided that: "No later than the end of the second fiscal year following the fiscal year for which appropriations for Operation and Maintenance have been made available to the Department of Defense, unobligated balances of such appropriations provided for fiscal year 1982 and thereafter may be transferred into the appropriation 'Foreign Currency Fluctuations, Defense' to be merged with and available for the same time period and the same purposes as the appropriation to which transferred: Provided, That any transfer made pursuant to any use of the authority provided by this provision shall be limited so that the amount in the appropriation 'Foreign Currency Fluctuations, Defense' does not exceed $970,000,000 at the time such a transfer is made." WAIVER OF ApplicabiliTY OF OMB CIRCULAR A-76 TO Section 802 of Pub. L. 96-107 provided that: "(a) Except as provided in subsection (b), neither the implementing instructions for, nor the provisions of, Office of Management and Budget Circular A-76 (issued on August 30, 1967, and reissued on October 18, 1976, June 13, 1977, and March 29, 1979) shall control or be used for policy guidance for the obligation or expenditure of any funds which under section 138(a)(2) [now 114(a)(2)] of title 10, United States Code, are required to be specifically authorized by law. "(b) Funds which under section 138(a)(2) [now 114(a)(2)] of title 10, United States Code, are required to be specifically authorized by law may be obligated or expended for operation or support of installations or equipment used for research and development (including maintenance support of laboratories, operation and maintenance of test ranges, and maintenance of test aircraft and ships) in compliance with the implementing instructions for and the provisions of such Office of Management and Budget Circular. "(c) No law enacted after the date of the enactment of this Act (Nov. 9, 1979] shall be held, considered, or construed as amending, superseding, or otherwise modifying any provision of this section unless such law does so by specifically and explicitly amending, repealing, or superseding this section." MANPOWER CONVERSION POLICIES; DEVELOPMENT FOR Pub. L. 93-365, title V, § 502, Aug. 5, 1974, 88 Stat. 404, which provided that it was the sense of Congress that the Department of Defense use the least costly form of manpower consistent with military requirements and other needs of the Department of Defense, that in developing the annual manpower authorization requests to the Congress and in carrying out manpower policies, the Secretary of Defense was to consider the advantages of converting from one form of manpower to another (military, civilian, or private contract) for the performance of a specified job, and that a full justification of any conversion from one form of manpower to another be contained in the annual manpower requirements report to the Congress required by subsec. (c)(3) of this section, was repealed and restated as subsec. (c)(5) of this section by Pub. L. 97-295, §§ 1(3), 6(b). SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 113, 403, 2431, 2551, 2608 of this title; title 22 section 2795. [§ 114a. Renumbered § 221] § 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 fulltime 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 of this title. 'See References in Text note below. (2) Members of the Selected Reserve of the Ready Reserve ordered to active duty under section 673b1 of this title. (3) Members of the National Guard called into Federal service under section 35001 or 85001 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. (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 authoriza tion 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. 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, inIcludes 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." |