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10 U.S.C. § 115

Personnel strengths: requirement for annual authorization

United States · Title 10 — ARMED FORCES · Status: effective

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10 U.S.C. § 115, Personnel strengths: requirement for annual authorization, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/432173
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Congress shall authorize personnel strength levels for each fiscal year for each of the following: Congress shall annually authorize the maximum number of members of a reserve component permitted to be on active duty or full-time National Guard duty at any given time who are called or ordered to— A member of a reserve component who exceeds either of the following limits shall be included in the strength authorized under subparagraph (A) or subparagraph (B), as appropriate, of subsection (a)(1): In determining the period of active service under paragraph (2), the following periods of active service performed by a member shall not be included: As part of the budget justification materials submitted by the Secretary of Defense to Congress in support of the end strength authorizations required under subparagraphs (A) and (B) of subsection (a)(1) for fiscal year 2009 and each fiscal year thereafter, the Secretary shall provide the following: No funds may be appropriated for any fiscal year to or for— Upon determination by the Secretary of Defense that such action is in the national interest, the Secretary may— Upon determination by the Secretary of a military department that such action would enhance manning and readiness in essential units or in critical specialties or ratings, the Secretary may— The Secretary of the military department concerned shall promptly notify the congressional defense committees if such Secretary exceeds a variance under paragraph (1), and at least once every 90 days thereafter for so long as such end strength is outside such variance. Each such notification shall include the following: In counting personnel for the purpose of the end strengths authorized pursuant to subsection (a)(1), persons in the following categories shall be excluded:

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.