Page:United States Statutes at Large Volume 104 Part 3.djvu/359

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PUBLIC LAW 101-510—NOV. 5, 1990 104 STAT. 1711 "(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 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; "(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; or "(4) 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. "(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)(l)(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 endstrengths authorized pursuant to subsection (a)(D, persons in the following categories shall be excluded: "(1) Members of the Ready Reserve ordered to active duty under section 673 of this title. "(2) Members of the Selected Reserve of the Ready Reserve ordered to active duty under section 673b of this title. "(3) Members of the National Guard called into Federal service under section 3500 or 8500 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. "(2) Flight training. "(3) Professional training in military and civilian institutions. "(4) Officer acquisition training. "§ 115a. Annual manpower requirements report "(a) The Secretary of Defense shall submit to Congress, not later than February 15 of each fiscal year, an annual manpower require-