§ 123a. Suspension of end-strength and other strength limitations in time of war or national emergency

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title XIV § 1483(b)(1) · 104 Stat. 1485

   Enacted · 10 U.S.C. § 123a

   Added Pub. L. 101–510, div. A, title XIV, § 1483(b)(1), Nov. 5, 1990, 104 Stat. 1715

   Source evidence

   Code source credit
   Added Pub. L. 101–510, div. A, title XIV, § 1483(b)(1), Nov. 5, 1990, 104 Stat. 1715

   Enacted provision · exact public law section
   (1) Chapter 3 of title 10, United States Code, is amended by inserting after section 123 the following new section: “§ 123a. Suspension of end-strength limitations in time of war or national emergency “If at the end of any fiscal year there is in effect a war or national emergency, the President may defer the effectiveness of any end strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the armed forces or of the Department of Defense. Any such deferral may not extend beyond November 30 of the following fiscal year.”.

2. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title IV § 421(b) · 115 Stat. 1012

   Amended · 10 U.S.C. § 123a

   Pub. L. 107–107 amended text generally. Prior to amendment, text read as follows: “If at the end of any fiscal year there is in effect a war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the armed forces or of the Department of Defense. Any such deferral may not extend beyond November 30 of the following fiscal year.”

   Source evidence

   Code amendment note
   Pub. L. 107–107 amended text generally. Prior to amendment, text read as follows: “If at the end of any fiscal year there is in effect a war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the armed forces or of the Department of Defense. Any such deferral may not extend beyond November 30 of the following fiscal year.”

   Enacted provision · exact public law section
   (b) Waiver of End Strengths During National Emergency.— The text of section 123a of such title is amended to read as follows: “(a) During War or National Emergency.— If at the end of any fiscal year there is in effect a war or national emergency, the President may waive any statutory end strength with respect to that fiscal year. Any such waiver may be issued only for a statutory end strength that is prescribed by law before the waiver is issued. “(b) Upon Termination of War or National Emergency.— Upon the termination of a war or national emergency with respect to which the President has exercised the authority provided by subsection (a), the President may defer the effectiveness of any statutory end strength with respect to the fiscal year during which the termination occurs. Any such deferral may not extend beyond the last day of the sixth month beginning after the date of such termination. “(c) Statutory End Strength.— In this section, the term ‘statutory end strength’ means any end-strength limitation with respect to a fiscal year that is prescribed by law for any military or civilian component of the armed forces or of the Department of Defense.”.

3. 2008

   Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

   Pub. L. 110–417 · 122 Stat. 4356

   1. Substituted · 10 U.S.C. § 123a

      Pub. L. 110–417 in section catchline substituted “Suspension of end-strength and other strength limitations in time of war or national emergency” for “Suspension of end-strength limitations in time of war or national emergency”, in subsec. (a) designated existing provisions as par. (1)

   2. Substituted · 10 U.S.C. § 123a

      Pub. L. 110–417 in section catchline added par. (2), and in subsec. (b) substituted “Termination of Waiver” for “Upon Termination of War or National Emergency” in heading

   3. Amended · 10 U.S.C. § 123a

      Pub. L. 110–417 in section catchline designated existing provisions as par. (1)

   4. Substituted · 10 U.S.C. § 123a

      Pub. L. 110–417 in section catchline substituted “subsection (a)(1)” for “subsection (a)”

   5. Added · 10 U.S.C. § 123a

      Pub. L. 110–417 in section catchline added par. (2)

   Source evidence

   Code amendment note
   Pub. L. 110–417 in section catchline substituted “Suspension of end-strength and other strength limitations in time of war or national emergency” for “Suspension of end-strength limitations in time of war or national emergency”, in subsec. (a) designated existing provisions as par. (1) and added par. (2), and in subsec. (b) substituted “Termination of Waiver” for “Upon Termination of War or National Emergency” in heading, designated existing provisions as par. (1), substituted “subsection (a)(1)” for “subsection (a)”, and added par. (2).

4. 2023

   Space Force Personnel Management Act

   Pub. L. 118–31 div. A title XVII § 1722(a)(2) · 137 Stat. 136

   Inserted · 10 U.S.C. § 123a(a)(2)

   Pub. L. 118–31 inserted “or the Space Force” after “a reserve component”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 118–31 inserted “or the Space Force” after “a reserve component”.

   Enacted provision · exact public law section
   (2) Suspension of end-strength and other strength limitations in time of war or national emergency.— Section 123a(a)(2) is amended by inserting “or the Space Force” after “a reserve component”.

3 of 8 references resolved to an enrolled provision · 5 partial