10 U.S.C. § 114a — Untitled legal text

Page 115 TITLE 10—ARMED FORCES § 115 ments 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 (c)(3) of this section, was repealed and restated as subsec.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). [§ 114a. Renumbered § 221] § 115. Personnel strengths: requirement for an- nual authorization (a) ACTIVE-DUTY, SELECTED RESERVE, AND SPACE FORCE END STRENGTHS TO BE AUTHORIZED BY LAW.—Congress shall authorize personnel strength levels for each fiscal year for each of the following: (1) The end strength for the Army, Navy, Air Force, and Marine Corps for (A) active-duty personnel who are to be paid from funds appro- priated for active-duty personnel unless on ac- tive duty pursuant to subsection (b), and (B) active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel un- less on active duty or full-time National Guard duty pursuant to subsection (b). (2) The end strength for the Selected Reserve of each reserve component of the armed forces. (3) The end strength for the Space Force for members in space force active status. (b) CERTAIN RESERVES ON ACTIVE DUTY TO BE AUTHORIZED BY LAW.—(1) Congress shall annu- ally authorize the maximum number of mem- bers 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) active duty under section 12301(d) of this title for the purpose of providing operational support, as prescribed in regulation issued by the Secretary of Defense; (B) full-time National Guard duty under sec- tion 502(f)(1)(B) of title 32 for the purpose of providing operational support when authorized by the Secretary of Defense; (C) active duty under section 12301(d) of this title or full-time National Guard duty under section 502(f)(1)(B) of title 32 for the purpose of preparing for and performing funeral honors functions for funerals of veterans under sec- tion 1491 of this title; (D) active duty or retained on active duty under sections 12301(g) of this title while in a captive status; or (E) active duty or retained on active duty under 12301(h) or 12322 of this title for the pur- pose of medical evaluation or treatment. (2) A member of a reserve component who ex- ceeds either of the following limits shall be in- cluded in the strength authorized under subpara- graph (A) or subparagraph (B), as appropriate, of subsection (a)(1): (A) A call or order to active duty or full- time National Guard duty that specifies a pe- riod greater than three years. (B) The cumulative periods of active duty and full-time National Guard duty performed by the member exceed 1825 days in the pre- vious 2190 days. (3) In determining the period of active service under paragraph (2), the following periods of ac- tive service performed by a member shall not be included: (A) All periods of active duty performed by a member who has not previously served in the Selected Reserve of the Ready Reserve. (B) All periods of active duty or full-time National Guard duty for which the member is exempt from strength accounting under para- graphs (1) through (8) of subsection (i). (4) As part of the budget justification mate- rials submitted by the Secretary of Defense to Congress in support of the end strength author- izations 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: (A) The number of members, specified by re- serve component, authorized under subpara- graphs (A) and (B) of paragraph (1) who were serving on active duty or full-time National Guard duty for operational support beyond each of the limits specified under subpara- graphs (A) and (B) of paragraph (2) at the end of the fiscal year preceding the fiscal year for which the budget justification materials are submitted. (B) The number of members, specified by re- serve component, on active duty for oper- ational support who, at the end of the fiscal year for which the budget justification mate- rials are submitted, are projected to be serving on active duty or full-time National Guard duty for operational support beyond such lim- its. (C) The number of members, specified by re- serve component, on active duty or full-time National Guard duty for operational support who are included in, and counted against, the end strength authorizations requested under subparagraphs (A) and (B) of subsection (a)(1). (D) A summary of the missions being per- formed by members identified under subpara- graphs (A) and (B). (c) LIMITATION ON APPROPRIATIONS FOR MILI- TARY PERSONNEL.—No funds may be appro- priated 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; (2) the use of the Selected Reserve of any re- serve 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; (3) the use of members of the Space Force in space force active status unless the end strength for the Space Force for that fiscal year for members in space force active status has been authorized by law; or (4) the use of reserve component personnel to perform active duty or full-time National Guard duty under subsection (b) unless the strength for such personnel for that reserve component for that fiscal year has been au- thorized by law. (d) MILITARY TECHNICIAN (DUAL STATUS) END STRENGTHS TO BE AUTHORIZED BY LAW.—Con- gress shall authorize for each fiscal year both the minimum end strength for non-temporary military technicians (dual status) and the end strength for temporary military technicians (dual status) for each reserve component of the