Page:United States Statutes at Large Volume 101 Part 2.djvu/95

 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1081

Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2638). TITLE IV—PERSONNEL AUTHORIZATIONS FOR FISCAL YEARS 1988 AND 1989 PART A—ACTIVE FORCES SEC. 401. END STRENGTHS FOR ACTIVE FORCES

(a) FISCAL YEAR 1988.—The Armed Forces are authorized strengths for active duty personnel as of September 30, 1988, as follows: (1) The Army, 780,900. (2) The Navy, 593,200. (3) The Marine Corps, 199,600. (4) The Air Force, 598,700. OJ) FISCAL YEAR 1989.—The Armed Forces are authorized strengths for active duty personnel as of September 30, 1989, in the same numbers as specified in subsection (a). SEC. 402. STRENGTH OF ACTIVE-DUTY OFFICER CORPS

(a) AUTHORITY TO INCREASE FOR FISCAL YEAR 1988.—Subject to sulDsection (b), the Secretary of Defense may increase by not more than 1 percentage point (to not more than 98 percent) the percentage limitation prescribed in section 403(a) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3859) applicable to the total number of commissioned officers of the Army, Navy, Air Force, and Marine Corps that may be serving on active duty as of September 30, 1988. (b) CERTIFICATION AND REPORT.—The Secretary may exercise the

authority under subsection (a) only if— (1) the Secretary makes a determination that such increase is necessary in order to avoid severe personnel management problems in the Army, Navy, Air Force, and Marine Corps during fiscal year 1988 and certifies such determination to the Committees on Armed Services of the Senate and the House of Representatives; and (2) the Secretary submits to those Committees with such certification a report providing legislative recommendations for temporary changes in chapter 36 of title 10, United States Code, and other provisions of law enacted by the Defense Officer Personnel Management Act (Public Law 96-513) that the Secretary considers necessary in order to implement the required officer reductions under such section 403 with the least possible adverse effect on the Armed Forces. (c) REALLOCATION OF REDUCTIONS.—(1) If the Secretary exercises

the authority under subsection (a)— (A) in lieu of the total number of commissioned officers serving on active duty as prescribed in the table in section 403(a) of the National Defense Authorization Act for Fiscal Year 1987, the total number of commissioned officers serving on active duty in the Army, Navy, Air Force, and Marine Corps as of September 30, 1989, may not exceed the number equal to 96 percent of the total numbier of such officers serving on active duty as of September 30, 1986; and (B) the total number of commissioned officers serving on active duty in the Army, Navy, Air Force, and Marine Corps as

10 USC 521 note.

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