Section 10(b)(2) of the Military Selective Service Act, referred to in subsec. (i)(11), was classified to section 460(b)(2) of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as section 3809(b)(2) of Title 50.

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).

2023—Subsec. (f)(2). Pub. L. 118–31, § 402(1), substituted “not more than 3 percent” for “not more than 2 percent”.

Subsec. (g)(1). Pub. L. 118–31, § 402(2), added subpars. (A) to (C) and struck out former subpars. (A) and (B) which read as follows:

“(A) vary the end strength pursuant to subsection (a)(1)(A) for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than two percent of such authorized end strength; and

“(B) vary the end strength pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the reserve component of the armed force or forces under the jurisdiction of that Secretary by a number equal to not more than one percent of such authorized end strength.”

2022—Subsec. (f). Pub. L. 117–263, § 402(b)(1), substituted “vary” for “increase” in pars. (1), (2), and (4).

Subsec. (g)(1)(A), (B). Pub. L. 117–263, § 402(b)(2)(A), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:

“(A) increase the end strength authorized pursuant to subsection (a)(1)(A) for a fiscal year for the armed force under the jurisdiction of that Secretary or, in the case of the Secretary of the Navy, for any of the armed forces under the jurisdiction of that Secretary, by a number equal to not more than 2 percent of such authorized end strength; and

“(B) increase the end strength authorized pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the reserve component of the armed force under the jurisdiction of that Secretary or, in the case of the Secretary of the Navy, for the Selected Reserve of the reserve component of any of the armed forces under the jurisdiction of that Secretary, by a number equal to not more than 2 percent of such authorized end strength.”

Subsec. (g)(2). Pub. L. 117–263, § 402(b)(2)(B), substituted “variance” for “increase” wherever appearing.

Subsec. (g)(3). Pub. L. 117–263, § 402(b)(2)(C), added par. (3).

2021—Subsec. (b)(2)(B). Pub. L. 117–81 substituted “1825 days in the previous 2190 days” for “1095 days in the previous 1460 days”.

Subsec. (d). Pub. L. 116–283, § 415(a)(2), which directed substitution of “the minimum end strength for non-temporary military technicians (dual status), and the end strength for temporary military technicians (dual status), requested” for “the end strength requested for military technicians (dual status)” in the third sentence, was executed in the fourth sentence, to reflect to the probable intent of Congress.

Pub. L. 116–283, § 415(a)(1), substituted “both the minimum end strength for non-temporary military technicians (dual status) and the end strength for temporary military technicians (dual status)” for “the end strength for military technicians (dual status)” in the first sentence.

2018—Subsec. (i)(6). Pub. L. 115–232 substituted “chapter 13” for “chapter 15”.

2017—Subsec. (i)(9). Pub. L. 115–91 substituted “section 1321(a) of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711(a))” for “section 1203(b) of the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952(b))”.

2016—Subsec. (b)(1)(B), (C). Pub. L. 114–328, § 416(1), substituted “502(f)(1)(B)” for “502(f)(2)”.

Subsec. (i)(7). Pub. L. 114–328, § 416(2), substituted “502(f)(1)(A)” for “502(f)(1)”.

2009—Subsec. (g). Pub. L. 111–84 amended subsec. (g) generally. Prior to amendment, subsec. (g) related to authority for service secretary variances for active-duty end strengths.

2008—Subsec. (b)(4). Pub. L. 110–181, § 416(b), added par. (4).

Subsec. (f)(3). Pub. L. 110–181, § 417, substituted “3 percent” for “2 percent”.

2006—Subsec. (a)(1)(A). Pub. L. 109–364, § 1071(g)(1)(A), made technical correction to directory language of Pub. L. 108–375, § 416(a)(1). See 2004 Amendment note below.

Subsec. (i). Pub. L. 109–364, § 1071(a)(1)(A), struck out heading and text of subsec. (i) enacted by Pub. L. 108–375, § 512(b). Text read as follows: “In counting full-time National Guard duty personnel for the purpose of end-strengths authorized pursuant to subsection (a)(1), persons involuntarily performing homeland defense activities under chapter 9 of title 32 shall be excluded.”

Subsec. (i)(13). Pub. L. 109–364, § 1071(a)(1)(B), added par. (13).

2004—Subsec. (a)(1)(A). Pub. L. 108–375, § 416(a)(1), as amended by Pub. L. 109–364, § 1071(g)(1)(A), inserted “unless on active duty pursuant to subsection (b)” after “funds appropriated for active-duty personnel”.

Subsec. (a)(1)(B). Pub. L. 108–375, § 416(a)(2), inserted “unless on active duty or full-time National Guard duty pursuant to subsection (b)” after “reserve personnel”.

Subsec. (b). Pub. L. 108–375, § 416(a)(4), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 108–375, § 416(a)(3), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsec. (c)(3). Pub. L. 108–375, § 416(b), added par. (3).

Subsec. (d). Pub. L. 108–375, § 416(a)(3), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 108–375, § 416(a)(3), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (e)(1). Pub. L. 108–375, § 416(d)(1)(A), substituted “subsection (a) or (d)” for “subsection (a) or (c)”.

Subsec. (e)(2). Pub. L. 108–375, § 416(d)(1)(B), substituted “subsections (a) and (d)” for “subsections (a) and (c)” in subpar. (A) and substituted “pursuant to subsection (f)) and subsection (d)” for “pursuant to subsection (e)) and subsection (c)” in subpars. (A) and (B).

Subsec. (f). Pub. L. 108–375, § 416(c)(1), struck out “End” after “Reserve” in heading.

Pub. L. 108–375, § 416(a)(3), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).

Subsec. (f)(4). Pub. L. 108–375, § 416(c)(2)–(4), added par. (4).

Subsec. (g). Pub. L. 108–375, § 416(a)(3), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsec. (g)(2). Pub. L. 108–375, § 416(d)(2), substituted “subsection (f)(1)” for “subsection (e)(1)”.

Subsec. (h). Pub. L. 108–375, § 416(a)(3), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 108–375, § 512(b), added subsec. (i) relating to certain full-time National Guard duty personnel excluded from counting for full-time National Guard duty end strengths.

Pub. L. 108–375, § 416(d)(3), amended heading and text of subsec. (i) generally, substituting provisions relating to 12 categories of personnel excluded from counting for active-duty end strengths for provisions relating to 11 categories of active-duty personnel excluded from counting for active-duty end strengths.

Pub. L. 108–375, § 416(a)(3), redesignated subsec. (h) as (i).

2003—Subsecs. (a), (b). Pub. L. 108–136, § 403(b)(1), (2), inserted headings.

Subsec. (c). Pub. L. 108–136, § 403(a)(1), (b)(3), redesignated subsec. (g) as (c), transferred it to appear after subsec. (b), and inserted heading. Former subsec. (c) redesignated (e).

Subsec. (d). Pub. L. 108–136, § 403(a)(3), added subsec. (d). Former subsec. (d) redesignated (h).

Subsec. (e). Pub. L. 108–136, § 403(a)(1), (b)(4), redesignated subsec. (c) as (e), transferred it to appear after subsec. (d), and inserted heading. Former subsec. (e) redesignated (g).

Subsec. (f). Pub. L. 108–136, § 403(b)(5), inserted heading and, in par. (2), substituted “subsection (e)(1)” for “subsection (c)(1)”.

Subsec. (g). Pub. L. 108–136, § 403(a)(1), (b)(6), redesignated subsec. (e) as (g), transferred it to appear after subsec. (f), and inserted heading. Former subsec. (g) redesignated (c).

Subsec. (h). Pub. L. 108–136, § 403(a)(2), (b)(7), redesignated subsec. (d) as (h), transferred it to appear at end of section, and inserted heading.

2002—Subsec. (c)(1). Pub. L. 107–314, § 403(a), substituted “3 percent” for “2 percent”.

Subsec. (f). Pub. L. 107–314, § 403(b), added subsec. (f).

2001—Subsec. (c)(1). Pub. L. 107–107, § 421(a), substituted “2 percent” for “1 percent”.

Subsec. (d)(10), (11). Pub. L. 107–107, § 422, added pars. (10) and (11).

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.”

Pub. L. 116–283, div. A, title IV, § 415(b), Jan. 1, 2021, 134 Stat. 3558, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the day after the date of the enactment of this Act [Jan. 1, 2021]. The amendment made by subsection (a)(2) shall apply with respect to budgets submitted by the President to Congress under section 1105 of title 31, United States Code, after such effective date.”

Pub. L. 109–364, div. A, title X, § 1071(g), Oct. 17, 2006, 120 Stat. 2402, provided that the amendment made by section 1071(g)(1)(A) is effective as of Oct. 28, 2004, and as if included in Pub. L. 108–375 as enacted.

Pub. L. 108–136, div. A, title IV, § 403(d), Nov. 24, 2003, 117 Stat. 1452, provided that: “Subsection (d) of section 115 of title 10, United States Code, as added by subsection (a)(3), shall apply with respect to the budget request for fiscal year 2005 and thereafter.”

Pub. L. 104–106, div. A, title V, § 513(a)(2), Feb. 10, 1996, 110 Stat. 305, provided that: “The amendment made by paragraph (1) [amending this section] does not apply with respect to fiscal year 1995.”

Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, 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.

Pub. L. 108–375, div. A, title IV, § 416(m), Oct. 28, 2004, 118 Stat. 1869, provided that: “The Secretary of Defense shall prescribe by regulation the meaning of the term ‘operational support’ for purposes of paragraph (1) of subsection (b) of section 115 of title 10, United States Code, as added by subsection (a).”

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Pub. L. 108–375, div. A, title IV, § 403, Oct. 28, 2004, 118 Stat. 1863, as amended by Pub. L. 109–163, div. A, title IV, § 403, Jan. 6, 2006, 119 Stat. 3219; Pub. L. 109–364, div. A, title IV, § 403, Oct. 17, 2006, 120 Stat. 2169, which authorized the Secretary of Defense, for each of fiscal years 2008 and 2009, to establish the active-duty end strengths for the Army and the Marine Corps at numbers greater than the numbers otherwise authorized by law up to the numbers equal to the fiscal-year 2007 baseline plus 20,000 with respect to the Army and plus 4,000 with respect to the Marine Corps, was repealed by Pub. L. 110–181, div. A, title IV, § 403(h), Jan. 28, 2008, 122 Stat. 87.

Pub. L. 104–106, div. A, title IV, § 432, Feb. 10, 1996, 110 Stat. 290, authorized $112,000,000 to be appropriated to the Department of Defense for fiscal year 1996 to increase the number of active-component military personnel for that fiscal year and provided that end-strength authorizations would each be deemed to be increased as necessary.

Pub. L. 109–163, div. A, title IV, § 413, Jan. 6, 2006, 119 Stat. 3221, which authorized the minimum number of military technicians (dual status) as of the last day of a fiscal year for each of the reserve components of the Army and the Air Force, was from the National Defense Authorization Act for Fiscal Year 2006 and was repeated in provisions of subsequent authorization acts which are not set out in the Code. Similar provisions were contained in the following prior authorization acts:

Pub. L. 108–375, div. A, title IV, § 413, Oct. 28, 2004, 118 Stat. 1865.

Pub. L. 108–136, div. A, title IV, § 413, Nov. 24, 2003, 117 Stat. 1453.

Pub. L. 107–314, div. A, title IV, § 413, Dec. 2, 2002, 116 Stat. 2527.

Pub. L. 107–107, div. A, title IV, § 413, Dec. 28, 2001, 115 Stat. 1070.

Pub. L. 106–398, § 1 [[div. A], title IV, § 413], Oct. 30, 2000, 114 Stat. 1654, 1654A–93.

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.

Pub. L. 104–106, title V, § 552, Feb. 10, 1996, 110 Stat. 319, provided that, during fiscal years 1996 through 2001, the Comptroller General was (1) to 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 was conducted before 2002, (2) to consider whether the proposed active component end strengths and planned allocation of forces for that period was sufficient to implement the national military strategy, and (3) to submit to Congress an annual report by Mar. 1 of each year through 2002 on the Comptroller General’s findings and conclusions, prior to repeal by Pub. L. 107–107, div. A, title V, § 595, Dec. 28, 2001, 115 Stat. 1126.

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 former section 168 of this title shall not be counted (under subsec. (a)(1) of this section) 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.

Pub. L. 109–163, div. A, title IV, § 401, Jan. 6, 2006, 119 Stat. 3218, which authorized specified strengths for Armed Forces active duty personnel as of Sept. 30, 2006, and provided that costs for that fiscal year of active duty personnel of the Army and the Marine Corps in excess of specified amounts would be paid out of funds authorized to be appropriated for that fiscal year for a contingent emergency reserve fund or as an emergency supplemental appropriation, was from the National Defense Authorization Act for Fiscal Year 2006 and was repeated in provisions of subsequent authorization acts which are not set out in the Code. Similar provisions were contained in the following prior authorization acts:

Pub. L. 108–375, div. A, title IV, § 401, Oct. 28, 2004, 118 Stat. 1862.

Pub. L. 108–136, div. A, title IV, § 401, Nov. 24, 2003, 117 Stat. 1450.

Pub. L. 107–314, div. A, title IV, § 401, Dec. 2, 2002, 116 Stat. 2524.

Pub. L. 107–107, div. A, title IV, § 401, Dec. 28, 2001, 115 Stat. 1069.

Pub. L. 106–398, § 1 [[div. A], title IV, § 401], Oct. 30, 2000, 114 Stat. 1654, 1654A–92.

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.

Pub. L. 102–190, div. A, title VII, § 718(b), Dec. 5, 1991, 105 Stat. 1404, 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.

Pub. L. 101–510, div. A, title VII, § 711, Nov. 5, 1990, 104 Stat. 1582, 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 former 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.

Pub. L. 101–510, div. A, title XI, § 1117, Nov. 5, 1990, 104 Stat. 1637, 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.