US (United States) Code. Title 10. Subtitle E: Reserve Components. Chapter 1201: Authorized strengths

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces. Personnel generally. Distribution in grade

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-CITE-

10 USC CHAPTER 1201 - AUTHORIZED STRENGTHS AND

DISTRIBUTION IN GRADE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1201 - AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

.

-HEAD-

CHAPTER 1201 - AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

-MISC1-

Sec.

12001. Authorized strengths: reserve components.

12002. Authorized strengths: Army and Air Force reserve components,

exclusive of members on active duty.

12003. Authorized strengths: commissioned officers in an active

status.

12004. Strength in grade: reserve general and flag officers in an

active status.

12005. Strength in grade: commissioned officers in grades below

brigadier general or rear admiral (lower half) in an active

status.

12006. Strength limitations: authority to waive in time of war or

national emergency.

12007. Reserve officers of the Army: distribution.

12008. Army Reserve and Air Force Reserve: warrant officers.

12009. Army and Air Force reserve components: temporary increases.

12010. Computations for Naval Reserve and Marine Corps Reserve:

rule when fraction occurs in final result.

12011. Authorized strengths: reserve officers on active duty or on

full-time National Guard duty for administration of the reserves

or the National Guard.

12012. Authorized strengths: senior enlisted members on active duty

or on full-time National Guard duty for administration of the

reserves or the National Guard.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title X, Sec. 1066(a)(31), Oct.

5, 1999, 113 Stat. 772, inserted ''in an'' after ''officers'' in

item 12003.

-CITE-

10 USC Sec. 12001 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1201 - AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 12001. Authorized strengths: reserve components

-STATUTE-

(a) Whenever the authorized strength of a reserve component

(other than the Coast Guard Reserve) is not prescribed by law, it

shall be prescribed by the President.

(b) Subject to the authorized strength of the reserve component

concerned, the authorized strength of each reserve component (other

than the Coast Guard Reserve) in members in each grade is that

which the Secretary concerned determines to be necessary to provide

for mobilization requirements. The Secretary shall review these

determinations at least once each year and revise them if he

considers it necessary. However, a member of the reserve component

concerned may not, as a result of such a determination, be reduced

in the member's reserve grade without the member's consent.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(a)(1), Oct.

5, 1994, 108 Stat. 2983.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3221, 3224, 5413, 5456, 8221, and 8224 of this title,

prior to repeal by Pub. L. 103-337, Sec. 1662(a)(3).

EFFECTIVE DATE

Chapter effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as a note under section

10001 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

END STRENGTHS FOR SELECTED RESERVE AND FOR RESERVES ON ACTIVE DUTY

IN SUPPORT OF RESERVES

Pub. L. 107-314, div. A, title IV, Sec. 411, 412, Dec. 2, 2002,

116 Stat. 2526, 2527, provided that:

''SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

''(a) In General. - The Armed Forces are authorized strengths for

Selected Reserve personnel of the reserve components as of

September 30, 2003, as follows:

''(1) The Army National Guard of the United States, 350,000.

''(2) The Army Reserve, 205,000.

''(3) The Naval Reserve, 87,800.

''(4) The Marine Corps Reserve, 39,558.

''(5) The Air National Guard of the United States, 106,600.

''(6) The Air Force Reserve, 75,600.

''(7) The Coast Guard Reserve, 9,000.

''(b) Adjustments. - The end strengths prescribed by subsection

(a) for the Selected Reserve of any reserve component shall be

proportionately reduced by -

''(1) the total authorized strength of units organized to serve

as units of the Selected Reserve of such component which are on

active duty (other than for training) at the end of the fiscal

year; and

''(2) the total number of individual members not in units

organized to serve as units of the Selected Reserve of such

component who are on active duty (other than for training or for

unsatisfactory participation in training) without their consent

at the end of the fiscal year.

Whenever such units or such individual members are released from

active duty during any fiscal year, the end strength prescribed for

such fiscal year for the Selected Reserve of such reserve component

shall be proportionately increased by the total authorized

strengths of such units and by the total number of such individual

members.

''SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF

THE RESERVES.

''Within the end strengths prescribed in section 411(a), the

reserve components of the Armed Forces are authorized, as of

September 30, 2003, the following number of Reserves to be serving

on full-time active duty or full-time duty, in the case of members

of the National Guard, for the purpose of organizing,

administering, recruiting, instructing, or training the reserve

components:

''(1) The Army National Guard of the United States, 24,562.

''(2) The Army Reserve, 14,070.

''(3) The Naval Reserve, 14,572.

''(4) The Marine Corps Reserve, 2,261.

''(5) The Air National Guard of the United States, 11,727.

''(6) The Air Force Reserve, 1,498.''

Similar provisions were contained in the following prior

authorization acts:

Pub. L. 107-107, div. A, title IV, Sec. 411, 412, Dec. 28, 2001,

115 Stat. 1069, 1070.

Pub. L. 106-398, Sec. 1 ((div. A), title IV, Sec. 411, 412), Oct.

30, 2000, 114 Stat. 1654, 1654A-93.

Pub. L. 106-65, div. A, title IV, Sec. 411, 412, Oct. 5, 1999,

113 Stat. 585, 586.

Pub. L. 105-261, div. A, title IV, Sec. 411, 412, Oct. 17, 1998,

112 Stat. 1997.

Pub. L. 105-85, div. A, title IV, Sec. 411, 412, Nov. 18, 1997,

111 Stat. 1719, 1720.

Pub. L. 104-201, div. A, title IV, Sec. 411, 412, Sept. 23,

1996, 110 Stat. 2506, 2507.

Pub. L. 104-106, div. A, title IV, Sec. 411, 412, Feb. 10, 1996,

110 Stat. 287, 288.

Pub. L. 103-337, div. A, title IV, Sec. 411, 412, Oct. 5, 1994,

108 Stat. 2746.

Pub. L. 103-160, div. A, title IV, Sec. 411, 412, Nov. 30, 1993,

107 Stat. 1641, 1642.

Pub. L. 102-484, div. A, title IV, Sec. 411, 412, Oct. 23, 1992,

106 Stat. 2399.

Pub. L. 102-190, div. A, title IV, Sec. 411, 412, Dec. 5, 1991,

105 Stat. 1351.

Pub. L. 101-510, div. A, title IV, Sec. 411(a)-(c), 412, Nov. 5,

1990, 104 Stat. 1546, 1547; Pub. L. 102-25, title II, Sec. 201(a),

202, 205(a), Apr. 6, 1991, 105 Stat. 79, 80; Pub. L. 102-190, div.

A, title IV, Sec. 414(e), Dec. 5, 1991, 105 Stat. 1353; Pub. L.

103-160, div. A, title V, Sec. 513, Nov. 30, 1993, 107 Stat. 1649.

Pub. L. 101-189, div. A, title IV, Sec. 411, 412, Nov. 29, 1989,

103 Stat. 1432, as amended by Pub. L. 101-510, div. A, title IV,

Sec. 411(d), Nov. 5, 1990, 104 Stat. 1547.

Pub. L. 100-456, div. A, title IV, Sec. 411(a), 412, Sept. 29,

1988, 102 Stat. 1964.

Pub. L. 100-180, div. A, title IV, Sec. 411, 412, Dec. 4, 1987,

101 Stat. 1082, 1083, as amended by Pub. L. 100-456, div. A, title

IV, Sec. 411(b), Sept. 29, 1988, 102 Stat. 1964.

Pub. L. 99-661, div. A, title IV, Sec. 411(a)-(c), 412(a), Nov.

14, 1986, 100 Stat. 3860, 3861.

Pub. L. 99-145, title IV, Sec. 411, 412, Nov. 8, 1985, 99 Stat.

618, 619.

Pub. L. 98-525, title IV, Sec. 411, 412, Oct. 19, 1984, 98 Stat.

2516, 2517.

Pub. L. 98-94, title V, Sec. 501, 502, Sept. 24, 1983, 97 Stat.

630, 631.

Pub. L. 97-252, title V, Sec. 501, 502, Sept. 8, 1982, 96 Stat.

726, as amended by Pub. L. 98-94, title V, Sec. 504(a), Sept. 24,

1983, 97 Stat. 631.

Pub. L. 97-86, title V, Sec. 501, 502, Dec. 1, 1981, 95 Stat.

1107.

Pub. L. 96-342, title IV, Sec. 401, Sept. 8, 1980, 94 Stat. 1084.

Pub. L. 96-107, title IV, Sec. 401, Nov. 9, 1979, 93 Stat. 807.

Pub. L. 95-485, title IV, Sec. 401, Oct. 20, 1978, 92 Stat. 1613.

Pub. L. 95-79, title IV, Sec. 401, July 30, 1977, 91 Stat. 327.

Pub. L. 94-361, title IV, Sec. 401, July 14, 1976, 90 Stat. 926.

Pub. L. 94-106, title IV, Sec. 401, Oct. 7, 1975, 89 Stat. 532.

Pub. L. 93-365, title IV, Sec. 401, 402, Aug. 5, 1974, 88 Stat.

402, 403.

Pub. L. 93-155, title IV, Sec. 401, 402, Nov. 16, 1973, 87 Stat.

608.

Pub. L. 92-436, title IV, Sec. 401, 402, Sept. 26, 1972, 86 Stat.

736.

Pub. L. 92-156, title III, Sec. 301, 302, Nov. 17, 1971, 85 Stat.

425.

Pub. L. 91-441, title III, Sec. 301, 302, Oct. 7, 1970, 84 Stat.

908.

Pub. L. 91-121, title III, Sec. 301, 302, Nov. 19, 1969, 83 Stat.

206.

Pub. L. 90-500, title III, Sec. 301, 302, Sept. 20, 1968, 82

Stat. 850.

RESERVE COMPONENT FORCE STRUCTURE

Pub. L. 102-484, div. A, title IV, Sec. 413, Oct. 23, 1992, 106

Stat. 2400, provided that:

''(a) Requirement To Prescribe Reserve Component Force Structure.

- The Secretary of each military department shall prescribe a force

structure allowance for each reserve component under the

jurisdiction of the Secretary. Each such force structure allowance

for a reserve component -

''(1) shall be consistent with, but in no case include a number

of personnel spaces that is less than, the authorized end

strength for that component; and

''(2) shall be prescribed in accordance with historic service

policies.

''(b) Definition. - For purposes of this section, the term 'force

structure allowance' means the number and types of units and

organizations, and the number of authorized personnel spaces

allocated to those units and organizations, in a military force.''

LIMITATION ON REDUCTION IN NUMBER OF RESERVE COMPONENT MEDICAL

PERSONNEL

Pub. L. 102-484, div. A, title V, Sec. 518, Oct. 23, 1992, 106

Stat. 2407, as amended by Pub. L. 103-337, div. A, title VII, Sec.

716, Oct. 5, 1994, 108 Stat. 2803, prohibited Secretary of Defense

from reducing number of medical personnel in any reserve component

below number of such personnel in that component on Sept. 30, 1992,

unless Secretary certified to Congress that number of such

personnel to be reduced in particular military department was

excess to current and projected needs for personnel in Selected

Reserve of that department, and required that assessment of such

needs be consistent with wartime requirements for Selected Reserve

personnel identified in final report on comprehensive study of

military medical care system prepared pursuant to section 733 of

Pub. L. 102-190, formerly set out as a note under section 1071 of

this title, prior to repeal by Pub. L. 104-106, div. A, title V,

Sec. 564(d)(3), Feb. 10, 1996, 110 Stat. 327.

PROGRAM FOR ACTIVE COMPONENT SUPPORT OF RESERVES

Pub. L. 103-160, div. A, title V, Sec. 517(b), Nov. 30, 1993,

107 Stat. 1651, provided that:

''(1) The Secretary of the Army shall include in the annual

report of the Secretary to Congress known as the Army Posture

Statement a presentation relating to the implementation of the

Pilot Program for Active Component Support of the Reserves under

section 414 of the National Defense Authorization Act for Fiscal

Years 1992 and 1993 (Public Law 102-190; 10 U.S.C. 261 note (now

set out below)), as amended by subsection (a).

''(2) Each such presentation shall include, with respect to the

period covered by the report, the following information:

''(A) The promotion rate for officers considered for promotion

from within the promotion zone who are serving as active

component advisers to units of the Selected Reserve of the Ready

Reserve (in accordance with that program) compared with the

promotion rate for other officers considered for promotion from

within the promotion zone in the same pay grade and the same

competitive category, shown for all officers of the Army.

''(B) The promotion rate for officers considered for promotion

from below the promotion zone who are serving as active component

advisers to units of the Selected Reserve of the Ready Reserve

(in accordance with that program) compared in the same manner as

specified in subparagraph (A).''

Pub. L. 102-190, div. A, title IV, Sec. 414(a)-(d), Dec. 5,

1991, 105 Stat. 1352, 1353, as amended by Pub. L. 102-484, div. A,

title V, Sec. 511(b), title XI, Sec. 1132, Oct. 23, 1992, 106 Stat.

2405, 2541; Pub. L. 103-160, div. A, title V, Sec. 517(a), Nov.

30, 1993, 107 Stat. 1650; Pub. L. 103-337, div. A, title IV, Sec.

413, Oct. 5, 1994, 108 Stat. 2747; Pub. L. 104-106, div. A, title

IV, Sec. 413, Feb. 10, 1996, 110 Stat. 288; Pub. L. 104-201, div.

A, title V, Sec. 545(b), Sept. 23, 1996, 110 Stat. 2524; Pub. L.

106-65, div. A, title X, Sec. 1066(d)(2), Oct. 5, 1999, 113 Stat.

773, provided that:

''(a) Program Required. - The Secretary of the Army shall carry

out a program to provide active component advisers to combat units,

combat support units, and combat service support units in the

Selected Reserve of the Ready Reserve that have a high priority for

deployment on a time-phased troop deployment list or have another

contingent high priority for deployment. The advisers shall be

assigned to full-time duty in connection with organizing,

administering, recruiting, instructing, or training such units.

''(b) Objectives of Program. - The objectives of the program are

as follows:

''(1) To improve the readiness of units in the reserve

components of the Army.

''(2) To increase substantially the number of active component

personnel directly advising reserve component unit personnel.

''(3) To provide a basis for determining the most effective mix

of reserve component personnel and active component personnel in

organizing, administering, recruiting, instructing, or training

reserve component units.

''(4) To provide a basis for determining the most effective mix

of active component officer and enlisted personnel in advising

reserve component units regarding organizing, administering,

recruiting, instructing, or training reserve component units.

''(c) Personnel To Be Assigned. - (1) The Secretary shall assign

not less than 5,000 active component personnel to serve as advisers

under the program.

''(2) The Secretary of Defense may count toward the number of

active component personnel required under paragraph (1) to be

assigned to serve as advisers under the program under this section

any active component personnel who are assigned to an active

component unit (A) that was established principally for the purpose

of providing dedicated training support to reserve component units,

and (B) the primary mission of which is to provide such dedicated

training support.

''(d) Action on the Basis of Program Results. - Based on the

experience under the pilot program, the Secretary of the Army shall

by April 1, 1993, submit to the Committees on Armed Services of the

Senate and House of Representatives a report containing the

Secretary's evaluation of the program to that date. As part of the

budget submission for fiscal year 1995, the Secretary shall submit

any recommendations for expansion or modification of the program,

together with a proposal for any statutory changes that the

Secretary considers necessary to implement the program on a

permanent basis. In no case may the number of active duty

personnel assigned to the program decrease below the number

specified for the pilot program.''

RESERVE FORCES READINESS

Pub. L. 98-525, title V, Sec. 552(a)-(e), (g), Oct. 19, 1984, 98

Stat. 2530, as amended by Pub. L. 103-337, div. A, title XVI, Sec.

1661(a)(3)(B), Oct. 5, 1994, 108 Stat. 2980, provided that:

''(a)(1) The Secretary of Defense shall conduct a review of the

various systems used to measure the readiness of reserve units of

the Armed Forces and shall implement a measurement system for the

active and reserve components of the Armed Forces to provide an

objective and uniform evaluation of the readiness of all units of

the Armed Forces. The measurement system should be designed to

produce information adequate to provide comparisons concerning the

readiness of all units. The system for evaluation of the readiness

of a unit of an active component should incorporate the performance

of any unit of a reserve component affiliated with the active

component unit, including the effect of the reserve component unit

on the mobilization capability of the active component unit.

''(2) Not later than March 31, 1985, the Secretary shall submit a

report to the Committees on Armed Services of the Senate and House

of Representatives describing the results of the review under

paragraph (1) and the measurement system implemented in accordance

with that paragraph.

''(b)(1) The Secretary of Defense, acting through the Assistant

Secretary of Defense for Reserve Affairs, shall conduct a study to

evaluate the feasibility of allocating equipment to units of

reserve components based on a measure of effectiveness of such

units. The study should consider the effects of allocating

equipment by comparing units with similar deployment times and

similar capabilities in terms of training and equipment rather than

by comparing all reserve component units with each other. The

study should be integrated with an evaluation of the system for

measuring unit effectiveness to be implemented in accordance with

subsection (a).

''(2) As part of the report under subsection (a)(2), the

Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and House of Representatives a report on the

study carried out under paragraph (1).

''(c) It is the sense of Congress that the number of members of

the Army Reserve and of the Army National Guard assigned to

full-time manning duty should be increased to 14 percent of the

total membership of the Army Reserve and of the Army National

Guard, respectively, by fiscal year 1989.

''(d)(1)(A) The Secretary of Defense, acting through the

Assistant Secretary of Defense for Reserve Affairs, shall conduct a

study of the benefits of a longer training program for certain

units of the reserve components and shall conduct a test of such a

program. The test program should begin at the earliest realistic

date.

''(B) In developing training programs for the reserve components,

the Secretary shall give increased attention to innovative training

technologies, techniques, and schedules that recognize the

limitations on time and the geographic dispersion of the reserve

components.

''(2) Not later than March 31, 1985, the Secretary shall submit a

report to the Committees on Armed Services of the Senate and House

of Representatives describing the study under paragraph (1).

''(e) (Repealed. Pub. L. 103-337, div. A, title XVI, Sec.

1661(a)(3)(B), Oct. 5, 1994, 108 Stat. 2980.)

''(g) This section does not apply to the Coast Guard.''

-CITE-

10 USC Sec. 12002 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1201 - AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 12002. Authorized strengths: Army and Air Force reserve

components, exclusive of members on active duty

-STATUTE-

(a) The authorized strengths of the National Guard and the

reserve components of the Army and the Air Force, exclusive of

members who are included in the strengths authorized for members of

the Army and Air Force, respectively, on active duty, are as

follows:

Army National Guard and the Army National Guard of the United

States 600,000

Army Reserve 980,000

Air National Guard and the Air National Guard of the United States

150,000

Air Force Reserve 500,000.

(b) The strength authorized by this section for the Army National

Guard and the Army National Guard of the United States, and the

strength authorized by this section for the Air National Guard and

the Air National Guard of the United States, shall be allocated

among the States.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(a)(1), Oct.

5, 1994, 108 Stat. 2983.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3222, 3225, 8222, and 8225 of this title, prior to repeal

by Pub. L. 103-337, Sec. 1662(a)(3).

-CITE-

10 USC Sec. 12003 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1201 - AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 12003. Authorized strengths: commissioned officers in an

active status

-STATUTE-

(a) The authorized strengths of the Army, Navy, Air Force, and

Marine Corps in reserve commissioned officers, other than

commissioned warrant officers and officers on an active-duty list,

in an active status are as follows:

Army 275,000

Air Force 200,000

Navy 150,000

Marine Corps 24,500.

(b) The authorized strengths prescribed by subsection (a) may not

be exceeded unless -

(1) the Secretary concerned determines that a greater number is

necessary for planned mobilization requirements; or

(2) the excess results directly from the operation of a

nondiscretionary provision of law.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(a)(1), Oct.

5, 1994, 108 Stat. 2984.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3217, 5414, and 8217 of this title, prior to repeal by

Pub. L. 103-337, Sec. 1662(a)(3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 123, 12005, 12006 of this

title.

-CITE-

10 USC Sec. 12004 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1201 - AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 12004. Strength in grade: reserve general and flag officers in

an active status

-STATUTE-

(a) The authorized strengths of the Army, Air Force, and Marine

Corps in reserve general officers in an active status, and the

authorized strength of the Navy in reserve officers in the grades

of rear admiral (lower half) and rear admiral in an active status,

are as follows:

Army 207

Air Force 157

Navy 48

Marine Corps 10.

(b) The following Army and Air Force reserve officers shall not

be counted for purposes of this section:

(1) Those serving as adjutants general or assistant adjutants

general of a State.

(2) Those serving in the National Guard Bureau.

(3) Those counted under section 526 of this title.

(c)(1) The authorized strength of the Navy under subsection (a)

is exclusive of officers counted under section 526 of this title.

Of the number authorized under subsection (a), 39 are distributed

among the line and the staff corps as follows:

Line 28

Medical Department staff corps 9

Chaplain Corps 1

Judge Advocate General's Corps 1

(2) The remaining authorizations for the Navy under subsection

(a) shall be distributed among such other staff corps as are

established by the Secretary of the Navy under the authority

provided by section 5150(b) of this title, except that -

(A) if the Secretary has established a Supply Corps, the

authorized strength for the Supply Corps shall be seven; and

(B) if the Secretary has established a Civil Engineering Corps,

the authorized strength for the Civil Engineering Corps shall be

two.

(3) Not more than 50 percent of the officers in an active status

authorized under this section for the Navy may serve in the grade

of rear admiral.

(4)(A) For the purposes of paragraph (1), the Medical Department

staff corps referred to in the table are as follows:

(i) The Medical Corps.

(ii) The Dental Corps.

(iii) The Nurse Corps.

(iv) The Medical Service Corps.

(B) Each of the Medical Department staff corps is authorized one

rear admiral (lower half) within the strength authorization

distributed to the Medical Department staff corps under paragraph

(1). The Secretary of the Navy shall distribute the remainder of

the strength authorization for the Medical Department staff corps

under that paragraph among those staff corps as the Secretary

determines appropriate to meet the needs of the Navy.

(d) The authorized strength of the Marine Corps under subsection

(a) is exclusive of those counted under section 526 of this title.

(e)(1) A reserve general officer of the Army or Air Force may not

be reduced in grade because of a reduction in the number of general

officers authorized under subsection (a).

(2) An officer of the Naval Reserve or the Marine Corps Reserve

may not be reduced in permanent grade because of a reduction in the

number authorized by this section for his grade.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(a)(1), Oct.

5, 1994, 108 Stat. 2984; amended Pub. L. 104-106, div. A, title

XV, Sec. 1501(b)(9), Feb. 10, 1996, 110 Stat. 496; Pub. L. 105-261,

div. A, title IV, Sec. 415, Oct. 17, 1998, 112 Stat. 1998.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3218, 5457(a), 5458(a), and 8218 of this title, prior to

repeal by Pub. L. 103-337, Sec. 1662(a)(3).

AMENDMENTS

1998 - Subsec. (c)(1). Pub. L. 105-261, Sec. 415(1), in table,

inserted item relating to Medical Department staff corps and struck

out items relating to Medical Corps, Dental Corps, Nurse Corps, and

Medical Service Corps.

Subsec. (c)(4). Pub. L. 105-261, Sec. 415(2), added par. (4).

1996 - Subsec. (a). Pub. L. 104-106 substituted ''active status,

are'' for ''active-status, are''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10214, 12005, 12006 of

this title.

-CITE-

10 USC Sec. 12005 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1201 - AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 12005. Strength in grade: commissioned officers in grades

below brigadier general or rear admiral (lower half) in an

active status

-STATUTE-

(a)(1) Subject to paragraph (2), the authorized strength of the

Army and the Air Force in reserve commissioned officers in an

active status in each grade named in paragraph (2) is as prescribed

by the Secretary of the Army or the Secretary of the Air Force,

respectively. A vacancy in any grade may be filled by an

authorized appointment in any lower grade.

(2) A strength prescribed by the Secretary concerned under

paragraph (1) for a grade may not be higher than the percentage of

the strength authorized for the Army or the Air Force, as the case

may be, under section 12003 of this title that is specified for

that grade as follows:

---------------------------------------------------------------------

Grade Army percentage Air Force percentage

---------------------------------------------------------------------

Colonel 2 1.8

Lieutenant colonel 6 4.6

Major 13 14.0

Captain 35 32.0

First lieutenant and 44 47.6

second lieutenant

(when combined with

the number

authorized for

general officer

grades under

section 12004 of

this title)

-------------------------------

(3) Medical officers and dental officers shall not be counted for

the purposes of this subsection.

(b)(1) The authorized strengths of the Naval Reserve in line

officers in an active status in the grades of captain, commander,

lieutenant commander, and lieutenant, and in the grades of

lieutenant (junior grade) and ensign combined, are the following

percentages of the total authorized number of those officers:

---------------------------------------------------------------------

---------------------------------------------------------------------

Captain 1.5 percent

Commander 7 percent

Lieutenant commander 22 percent

Lieutenant 37 percent

Lieutenant (junior grade) and 32.5 percent.

ensign (when combined with the

number authorized for flag

officer grades under section

12004 of this title)

-------------------------------

(2) When the actual number of line officers in an active status

in any grade is less than the number authorized by paragraph (1)

for that grade, the difference may be applied to increase the

number authorized by that paragraph for any lower grade or grades.

(c)(1) The authorized strengths of the Marine Corps Reserve in

officers in an active status in the grades of colonel, lieutenant

colonel, major, and captain, and in the grades of first lieutenant

and second lieutenant combined, are the following percentages of

the total authorized number of those officers:

---------------------------------------------------------------------

---------------------------------------------------------------------

Colonel 2 percent

Lieutenant colonel 6 percent

Major 12 percent

Captain 35 percent

First lieutenant and second 32.5 percent.

lieutenant (when combined with

the number authorized for

general officer grades under

section 12004 of this title)

-------------------------------

(2) When the actual number of officers in an active status in any

grade is less than the number authorized by paragraph (1) for that

grade, the difference may be applied to increase the number

authorized by that paragraph for any lower grade or grades.

(d)(1) An officer of the Army or Air Force may not be reduced in

grade because of a reduction in the number of commissioned officers

authorized for the officer's grade under this section.

(2) An officer of the Naval Reserve or the Marine Corps Reserve

may not be reduced in permanent grade because of a reduction in the

number authorized by this section for his grade.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(a)(1), Oct.

5, 1994, 108 Stat. 2985; amended Pub. L. 106-398, Sec. 1 ((div. A),

title IV, Sec. 423), Oct. 30, 2000, 114 Stat. 1654, 1654A-96.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3219, 5457(b)-(d), 5458(b)-(d), and 8219 of this title,

prior to repeal by Pub. L. 103-337, Sec. 1662(a)(3).

AMENDMENTS

2000 - Subsec. (a)(3). Pub. L. 106-398 added par. (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12006 of this title.

-CITE-

10 USC Sec. 12006 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1201 - AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 12006. Strength limitations: authority to waive in time of war

or national emergency

-STATUTE-

(a) In time of war, or of national emergency declared by Congress

or the President, the President may suspend the operation of any

provision of section 12003, 12004, or 12005 of this title. So long

as any such war or national emergency continues, any such

suspension may be extended by the President.

(b) Any suspension under subsection (a) shall, if not sooner

ended, end on the last day of the two-year period beginning on the

date on which the suspension (or the last extension thereof) takes

effect or on the last day of the one-year period beginning on the

date of the termination of the war or national emergency, whichever

occurs first. With respect to the end of any such suspension, the

preceding sentence supersedes the provisions of title II of the

National Emergencies Act (50 U.S.C. 1621, 1622) which provide that

powers or authorities exercised by reason of a national emergency

shall cease to be exercised after the date of termination of the

emergency.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(a)(1), Oct.

5, 1994, 108 Stat. 2986.)

-REFTEXT-

REFERENCES IN TEXT

The National Emergencies Act, referred to in subsec. (b), is Pub.

L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended. Title II of

the Act is classified generally to subchapter II (Sec. 1621 et

seq.) of chapter 34 of Title 50, War and National Defense. For

complete classification of this Act to the Code, see Short Title

note set out under section 1601 of Title 50 and Tables.

-TRANS-

DELEGATION OF AUTHORITY

Authority of President under this section as invoked by sections

2 and 3 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as

amended, delegated to Secretary of Defense by section 4 of Ex. Ord.

No. 13223, set out as a note under section 12302 of this title.

-CITE-

10 USC Sec. 12007 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1201 - AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 12007. Reserve officers of the Army: distribution

-STATUTE-

The Secretary of the Army shall distribute the number of reserve

commissioned officers, other than commissioned warrant officers,

authorized in each commissioned grade between those assigned to

reserve units organized to serve as units and those not assigned to

such units. The Secretary shall distribute the number who are

assigned to reserve units organized to serve as units among the

units of each reserve component by prescribing appropriate tables

of organization and tables of distribution. The Secretary shall

distribute the number who are not assigned to such units between -

(1) each special branch; and

(2) all other branches taken together.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(a)(1), Oct.

5, 1994, 108 Stat. 2986.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3220 of this title, prior to repeal by Pub. L. 103-337,

Sec. 1662(a)(3).

-CITE-

10 USC Sec. 12008 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1201 - AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 12008. Army Reserve and Air Force Reserve: warrant officers

-STATUTE-

The Secretary of the Army may prescribe the authorized strength

of the Army Reserve in warrant officers. The Secretary of the Air

Force may prescribe the authorized strength of the Air Force

Reserve in warrant officers.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(a)(1), Oct.

5, 1994, 108 Stat. 2987.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3223 and 8223 of this title, prior to repeal by Pub. L.

103-337, Sec. 1662(a)(3).

-CITE-

10 USC Sec. 12009 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1201 - AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 12009. Army and Air Force reserve components: temporary

increases

-STATUTE-

(a) The authorized strength in any reserve grade, as prescribed

under this chapter, for any reserve component under the

jurisdiction of the Secretary of the Army or the Secretary of the

Air Force is automatically increased to the minimum extent

necessary to give effect to each appointment made in that grade

under section 1211(a), 3036, 14304(b), 14314, or 14317 of this

title.

(b) An authorized strength so increased is increased for no other

purpose. While an officer holds that grade, the officer whose

appointment caused the increase is counted for the purpose of

determining when other appointments, not under those sections, may

be made in that grade.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(a)(1), Oct.

5, 1994, 108 Stat. 2987.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3212 and 8212 of this title, prior to repeal by Pub. L.

103-337, Sec. 1662(a)(3).

-CITE-

10 USC Sec. 12010 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1201 - AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 12010. Computations for Naval Reserve and Marine Corps

Reserve: rule when fraction occurs in final result

-STATUTE-

When there is a fraction in the final result of any computation

under this chapter for the Naval Reserve or the Marine Corps

Reserve, a fraction of one-half or more is counted as one, and a

fraction of less than one-half is disregarded.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(a)(1), Oct.

5, 1994, 108 Stat. 2987.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 5454 of this title, prior to repeal by Pub. L. 103-337,

Sec. 1662(a)(3).

-CITE-

10 USC Sec. 12011 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1201 - AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 12011. Authorized strengths: reserve officers on active duty

or on full-time National Guard duty for administration of the

reserves or the National Guard

-STATUTE-

(a) Limitations. - (1) Of the total number of members of a

reserve component who are serving on full-time reserve component

duty at the end of any fiscal year, the number of those members who

may be serving in each of the grades of major, lieutenant colonel,

and colonel may not, as of the end of that fiscal year, exceed the

number determined in accordance with the following table:

---------------------------------------------------------------------

Number of officers of that reserve compone

----------------

may be serving in the grade of:

----------------

Total number of:Major :Lieutenant :Colonel

members of a : : Colonel :

reserve : : :

component : : :

serving on : : :

full-time : : :

reserve : : :

component : : :

duty: : : :

---------------------------------------------------------------------

Army Reserve: : : :

10,000 :1,390 :740 :230

11,000 :1,529 :803 :242

12,000 :1,668 :864 :252

13,000 :1,804 :924 :262

14,000 :1,940 :984 :272

15,000 :2,075 :1,044 :282

16,000 :2,210 :1,104 :291

17,000 :2,345 :1,164 :300

18,000 :2,479 :1,223 :309

19,000 :2,613 :1,282 :318

20,000 :2,747 :1,341 :327

21,000 :2,877 :1,400 :336

: : :

Army National : : :

Guard: : : :

20,000 :1,500 :850 :325

22,000 :1,650 :930 :350

24,000 :1,790 :1,010 :370

26,000 :1,930 :1,085 :385

28,000 :2,070 :1,160 :400

30,000 :2,200 :1,235 :405

32,000 :2,330 :1,305 :408

34,000 :2,450 :1,375 :411

36,000 :2,570 :1,445 :411

38,000 :2,670 :1,515 :411

40,000 :2,770 :1,580 :411

42,000 :2,837 :1,644 :411

: : :

Marine Corps : : :

Reserve: : : :

1,100 :106 :56 :20

1,200 :110 :60 :21

1,300 :114 :63 :22

1,400 :118 :66 :23

1,500 :121 :69 :24

1,600 :124 :72 :25

1,700 :127 :75 :26

1,800 :130 :78 :27

1,900 :133 :81 :28

2,000 :136 :84 :29

2,100 :139 :87 :30

2,200 :141 :90 :31

2,300 :143 :92 :32

2,400 :145 :94 :33

2,500 :147 :96 :34

2,600 :149 :98 :35

Air Force : : :

Reserve: : : :

500 :83 :85 :50

1,000 :155 :165 :95

1,500 :220 :240 :135

2,000 :285 :310 :170

2,500 :350 :369 :203

3,000 :413 :420 :220

3,500 :473 :464 :230

4,000 :530 :500 :240

4,500 :585 :529 :247

5,000 :638 :550 :254

5,500 :688 :565 :261

6,000 :735 :575 :268

7,000 :770 :595 :280

8,000 :805 :615 :290

10,000 :835 :635 :300

: : :

Air National : : :

Guard: : : :

5,000 :333 :335 :251

6,000 :403 :394 :260

7,000 :472 :453 :269

8,000 :539 :512 :278

9,000 :606 :571 :287

10,000 :673 :630 :296

11,000 :740 :688 :305

12,000 :807 :742 :314

13,000 :873 :795 :323

14,000 :939 :848 :332

15,000 :1,005 :898 :341

16,000 :1,067 :948 :350

17,000 :1,126 :998 :359

18,000 :1,185 :1,048 :368

19,000 :1,235 :1,098 :377

20,000 :1,283 :1,148 :380.

-------------------------------

(2) Of the total number of members of the Naval Reserve who are

serving on full-time reserve component duty at the end of any

fiscal year, the number of those members who may be serving in each

of the grades of lieutenant commander, commander, and captain may

not, as of the end of that fiscal year, exceed the number

determined in accordance with the following table:

---------------------------------------------------------------------

Number of officers who may be serving in t

----------------

of:

----------------

Total number of:Lieutenant :Commander :Captain

members of : commander : :

Naval Reserve : : :

serving on : : :

full-time : : :

reserve : : :

component : : :

duty: : : :

---------------------------------------------------------------------

10,000 :807 :447 :141

11,000 :867 :467 :153

12,000 :924 :485 :163

13,000 :980 :503 :173

14,000 :1,035 :521 :183

15,000 :1,088 :538 :193

16,000 :1,142 :555 :203

17,000 :1,195 :565 :213

18,000 :1,246 :575 :223

19,000 :1,291 :585 :233

20,000 :1,334 :595 :242

21,000 :1,364 :603 :250

22,000 :1,384 :610 :258

23,000 :1,400 :615 :265

24,000 :1,410 :620 :270.

-------------------------------

(b) Determinations by Interpolation. - If the total number of

members of a reserve component serving on full-time reserve

component duty is between any two consecutive numbers in the first

column of the appropriate table in paragraph (1) or (2) of

subsection (a), the corresponding authorized strengths for each of

the grades shown in that table for that component are determined by

mathematical interpolation between the respective numbers of the

two strengths. If the total number of members of a reserve

component serving on full-time reserve component duty is more or

less than the highest or lowest number, respectively, set forth in

the first column of the appropriate table in paragraph (1) or (2)

of subsection (a), the Secretary concerned shall fix the

corresponding strengths for the grades shown in that table at the

same proportion as is reflected in the nearest limit shown in the

table.

(c) Reallocations to Lower Grades. - Whenever the number of

officers serving in any grade for duty described in subsection (a)

is less than the number authorized for that grade under this

section, the difference between the two numbers may be applied to

increase the number authorized under this section for any lower

grade.

(d) Secretarial Waiver. - (1) Upon determining that it is in the

national interest to do so, the Secretary of Defense may increase

for a particular fiscal year the number of reserve officers that

may be on full-time reserve component duty for a reserve component

in a grade referred to in a table in subsection (a) by a number

that does not exceed the number equal to 5 percent of the maximum

number specified for the grade in that table.

(2) Whenever the Secretary exercises the authority provided in

paragraph (1), the Secretary shall submit to the Committee on Armed

Services of the Senate and the Committee on Armed Services of the

House of Representatives notice in writing of the adjustment made.

(e) Full-Time Reserve Component Duty Defined. - In this section,

the term ''full-time reserve component duty'' means the following

duty:

(1) Active duty described in sections 10211, 10302, 10303,

10304, 10305, 12310, or 12402 of this title.

(2) Full-time National Guard duty (other than for training)

under section 502(f) of title 32.

(3) Active duty described in section 708 of title 32.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 103, Dec. 12, 1980, 94 Stat.

2844, Sec. 524; amended Pub. L. 97-86, title V, Sec. 503(b), Dec.

1, 1981, 95 Stat. 1108; Pub. L. 97-252, title V, Sec. 503(b), Sept.

8, 1982, 96 Stat. 727; Pub. L. 98-94, title V, Sec. 503(b), Sept.

24, 1983, 97 Stat. 631; Pub. L. 98-525, title IV, Sec. 413(b),

414(a)(4)(A), (B)(i), Oct. 19, 1984, 98 Stat. 2518, 2519; Pub. L.

99-145, title IV, Sec. 413(b), Nov. 8, 1985, 99 Stat. 619; Pub. L.

100-180, div. A, title IV, Sec. 413(b), Dec. 4, 1987, 101 Stat.

1083; Pub. L. 101-189, div. A, title IV, Sec. 413(b), Nov. 29,

1989, 103 Stat. 1433; Pub. L. 102-190, div. A, title IV, Sec.

413(b), Dec. 5, 1991, 105 Stat. 1352; Pub. L. 103-160, div. A,

title IV, Sec. 413(b), Nov. 30, 1993, 107 Stat. 1642; renumbered

Sec. 12011 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1662(a)(2), Oct. 5, 1994, 108 Stat. 2988; Pub. L. 104-106, div. A,

title IV, Sec. 414(a), Feb. 10, 1996, 110 Stat. 288; Pub. L.

105-261, div. A, title IV, Sec. 414(a), Oct. 17, 1998, 112 Stat.

1998; Pub. L. 106-65, div. A, title IV, Sec. 414(a), Oct. 5, 1999,

113 Stat. 586; Pub. L. 106-398, Sec. 1 ((div. A), title IV, Sec.

415(a), 421(b), 424(a)), Oct. 30, 2000, 114 Stat. 1654, 1654A-94 to

1654A-96; Pub. L. 107-107, div. A, title IV, Sec. 415(a), Dec. 28,

2001, 115 Stat. 1070.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107 inserted heading and amended

text of subsec. (a) generally. Prior to amendment, text consisted

of table setting out maximum number of reserve officers of the

Army, Air Force, and Marine Corps who may be on active duty or

full-time National Guard duty in each of the grades of major,

lieutenant colonel, and colonel, and of the Navy who may be on

active duty in each of the grades of lieutenant commander,

commander, and captain.

Subsec. (b). Pub. L. 107-107 inserted heading and amended text of

subsec. (b) generally. Prior to amendment, text read as follows:

''Whenever the number of officers serving in any grade is less than

the number authorized for that grade under this section, the

difference between the two numbers may be applied to increase the

number authorized under this section for any lower grade.''

Subsec. (c). Pub. L. 107-107 inserted heading and amended text of

subsec. (c) generally. Prior to amendment, text read as follows:

''Whenever under section 527 of this title the President may

suspend the operation of any provision of section 523, 525, or 526

of this title, the Secretary of Defense may suspend the operation

of any provision of this section. Any such suspension shall, if

not sooner ended, end in the manner specified in section 527 for a

suspension under that section.''

Subsec. (d). Pub. L. 107-107 inserted heading and amended text of

subsec. (d) generally. Prior to amendment, text read as follows:

''Upon increasing under subsection (c)(2) of section 115 of this

title the end strength that is authorized under subsection

(a)(1)(B) of that section for a fiscal year for active-duty

personnel and full-time National Guard duty personnel of an armed

force who are to be paid from funds appropriated for reserve

personnel, the Secretary of Defense may increase for that fiscal

year the limitation that is set forth in subsection (a) of this

section for the number of officers of that armed force serving in

any grade if the Secretary determines that such action is in the

national interest. The percent of the increase may not exceed the

percent by which the Secretary increases that end strength.''

Subsec. (e). Pub. L. 107-107 added subsec. (e).

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 ((div. A), title IV,

Sec. 415(a)), amended table generally, increasing the fiscal year

limitation on number of reserve officers in the Army in grade of

Major or Lieutenant Commander from 3,227 to 3,316, in grade of

Lieutenant Colonel or Commander from 1,611 to 1,759, and in grade

of Colonel or Navy Captain from 471 to 529, and in the Air Force in

grade of Major or Lieutenant Commander from 860 to 948, in grade of

Lieutenant Colonel or Commander from 777 to 852, and in grade of

Colonel or Navy Captain from 297 to 317.

Subsec. (c). Pub. L. 106-398, Sec. 1 ((div. A), title IV, Sec.

421(b)), added subsec. (c).

Subsec. (d). Pub. L. 106-398, Sec. 1 ((div. A), title IV, Sec.

424(a)), added subsec. (d).

1999 - Subsec. (a). Pub. L. 106-65 amended table generally,

increasing the fiscal year limitation on number of reserve officers

in the Army in grade of Major or Lieutenant Commander from 3,219 to

3,227, in grade of Lieutenant Colonel or Commander from 1,524 to

1,611, and in grade of Colonel or Navy Captain from 438 to 471, and

in the Air Force in grade of Major or Lieutenant Commander from 791

to 860 and in grade of Lieutenant Colonel or Commander from 713 to

777.

1998 - Subsec. (a). Pub. L. 105-261, in table, increased fiscal

year limitation on number of reserve officers in the Army in grade

of Colonel or Navy Captain from 412 to 438 and in the Air Force in

grade of Major or Lieutenant Commander from 643 to 791, in grade of

Lieutenant Colonel or Commander from 672 to 713, and in grade of

Colonel or Navy Captain from 274 to 297.

1996 - Subsec. (a). Pub. L. 104-106, in table, increased fiscal

year limitation on number of reserve officers in the Army in grade

of Colonel or Navy Captain from 372 to 412, in the Air Force in

grade of Major or Lieutenant Commander from 575 to 643 and in grade

of Lieutenant Colonel or Commander from 636 to 672, and in the

Marine Corps in grade of Major or Lieutenant Commander from 110 to

140, in grade of Lieutenant Colonel or Commander from 75 to 90, and

in grade of Colonel or Navy Captain from 25 to 30. All other

figures remained unchanged.

1994 - Pub. L. 103-337 renumbered section 524 of this title as

this section and amended section catchline generally striking out

at end ''in grades of major, lieutenant colonel, and colonel and

Navy grades of lieutenant commander, commander, and captain''.

1993 - Subsec. (a). Pub. L. 103-160, in table, increased fiscal

year limitation on number of reserve officers in the Air Force in

grade of Lieutenant Colonel or Commander from 595 to 636 and in

grade of Colonel or Navy Captain from 227 to 274. Army, Navy, and

Marine Corps figures remained unchanged.

1991 - Subsec. (a). Pub. L. 102-190, in table, increased fiscal

year limitation on number of reserve officers in the Army in grade

of Colonel or Navy Captain from 364 to 372, and increased such

limitation on number of reserve officers in the Air Force in grade

of Lieutenant Colonel or Commander from 532 to 595 and in grade of

Colonel or Navy Captain from 194 to 227. Navy and Marine Corps

figures remained unchanged.

1989 - Subsec. (a). Pub. L. 101-189, Sec. 413(b)(2), in table,

increased fiscal year limitation on number of reserve officers in

grade of Major or Lieutenant Commander, Lieutenant Colonel or

Commander, and Colonel or Navy Captain who may be on active duty

to, respectively: Army, to 3,219, 1,524, and 364 from 3,030, 1,448,

and 351; Navy, to 1,071, 520, and 188 from 1,065, 520, and 188; Air

Force, to 575, 532, and 194 from 575, 476, and 190. Marine Corps

figures remained unchanged.

Pub. L. 101-189, Sec. 413(b)(1), in table, increased fiscal year

limitation on number of reserve officers in grade of Major or

Lieutenant Commander, Lieutenant Colonel or Commander, and Colonel

or Navy Captain who may be on active duty to, respectively: Army,

to 3,030, 1,448, and 351 from 2,600, 1,250, and 348; Navy, to

1,065, 520, and 188 from 875, 520, and 185; Air Force, to 575, 476,

and 190 from 575, 322, and 190. Marine Corps figures remained

unchanged.

1987 - Subsec. (a). Pub. L. 100-180, Sec. 413(b)(2), in table,

increased fiscal year limitation on number of reserve officers in

grade of Major or Lieutenant Commander, Lieutenant Colonel or

Commander, and Colonel or Navy Captain who may be on active duty

to, respectively: Army, to 2,600, 1,250, and 348 from 2,550, 1,152,

and 348; Navy, to 875, 520, and 185 from 850, 520, and 185; Air

Force, to 575, 322, and 190 from 575, 322, and 184; and Marine

Corps, to 110, 75, and 25 from 105, 70, and 25.

Pub. L. 100-180, Sec. 413(b)(1), in table, changed fiscal year

limitation on number of reserve officers in grade of Major or

Lieutenant Commander, Lieutenant Colonel or Commander, and Colonel

or Navy Captain who may be on active duty to, respectively: Army,

to 2,550, 1,152, and 348 from 2,317, 1,152, and 348; Navy, to 850,

520, and 185 from 850, 520, and 177; Air Force, to 575, 322, and

184 from 476, 318, and 189; and Marine Corps, to 105, 70, and 25

from 100, 60, and 25.

1985 - Subsec. (a). Pub. L. 99-145 increased fiscal year

limitation on number of reserve officers in grade of Major or

Lieutenant Commander, Lieutenant Colonel or Commander, and Colonel

or Navy Captain who may be on active duty to, respectively: Army,

to 2,317, 1,152, and 348 from 2,261, 1,121, and 345; Navy, to 850,

520, and 177 from 823, 520, and 177; Air Force, to 476, 318, and

189, from 471, 293, and 172; and Marine Corps, to 100, 60, and 25

from 100, 50, and 25.

1984 - Pub. L. 98-525, Sec. 414(a)(4)(B)(i), inserted references

to National Guard and to full-time National Guard duty in section

catchline.

Subsec. (a). Pub. L. 98-525, Sec. 414(a)(4)(A), inserted ''or

full-time National Guard duty'' after ''Marine Corps who may be on

active duty'' and inserted ''or full-time National Guard duty

(other than for training) under section 502(f) of title 32''.

Pub. L. 98-525, Sec. 413(b), increased fiscal year limitation on

number of reserve officers in grade of major or lieutenant

commander, lieutenant colonel or commander, and colonel or Navy

captain who may be on active duty to, respectively: Army, to 2,261,

1,121, and 345 from 1,948, 967, and 338; Air Force, to 471, 293,

and 172 from 408, 303, and 171; Marine Corps, to 100, 50, and 25

from 95, 48, and 23. Figures for the Navy remained unchanged.

1983 - Subsec. (a). Pub. L. 98-94 increased fiscal year

limitation on number of reserve officers in grade major or

lieutenant commander; lieutenant colonel or commander; and colonel

or Navy captain who may be on active duty to, respectively: Army,

to 1,948, 967, and 338 from 1,351, 671, and 234; Navy, to 823, 520,

and 177 from 823, 425, and 177; Air Force, to 408, 303, and 171

from 281, 267, and 170; Marine Corps, to 95, 48, and 23 from 95,

40, and 21.

1982 - Subsec. (a). Pub. L. 97-252 increased numbers in columns

headed ''Army'', ''Air Force'', and ''Marine Corps'' from 1,105,

189, and 51 in line for major or lieutenant commander to 1,351,

281, and 95, respectively, from 551, 194, and 35 in line for

lieutenant colonel or commander to 671, 267, and 40, respectively,

and from 171, 147, and 19 in line for colonel or Navy captain to

234, 170, and 21, respectively.

1981 - Subsec. (a). Pub. L. 97-86 increased numbers in columns

headed ''Army'' and ''Air Force'' from 821 and 170 in line for

major or lieutenant commander to 1,105 and 189, respectively, from

503 and 183 in line for lieutenant colonel or commander to 551 and

194, respectively, and from 163 and 146 in line for colonel or Navy

captain to 171 and 147, respectively.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title IV, Sec. 415(c)), Oct.

30, 2000, 114 Stat. 1654, 1654A-94, provided that: ''The amendments

made by this section (amending this section and section 12012 of

this title) shall take effect on October 1, 2000.''

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title IV, Sec. 414(c), Oct. 17, 1998,

112 Stat. 1998, provided that: ''The amendments made by this

section (amending this section and section 12012 of this title)

shall take efffect (sic) on October 1, 1998.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 413(b)(2) of Pub. L. 101-189 provided that the amendment

made by that section is effective Oct. 1, 1990.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 413(b)(2) of Pub. L. 100-180 provided that the amendment

made by that section is effective Oct. 1, 1988.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-145 effective Oct. 1, 1985, see section

413(c) of Pub. L. 99-145, set out as a note under section 517 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-525 effective Oct. 1, 1984, see section

413(c) of Pub. L. 98-525, set out as a note under section 517 of

this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-94 effective Oct. 1, 1983, see section

503(c) of Pub. L. 98-94, set out as a note under section 517 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12012, 14304, 14311 of

this title; title 32 section 112.

-CITE-

10 USC Sec. 12012 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1201 - AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 12012. Authorized strengths: senior enlisted members on active

duty or on full-time National Guard duty for administration of

the reserves or the National Guard

-STATUTE-

(a) Limitations. - Of the total number of members of a reserve

component who are serving on full-time reserve component duty at

the end of any fiscal year, the number of those members in each of

pay grades of E-8 and E-9 who may be serving on active duty under

section 10211 or 12310, or on full-time National Guard duty under

the authority of section 502(f) of title 32 (other than for

training) in connection with organizing, administering, recruiting,

instructing, or training the reserve components or the National

Guard may not, as of the end of that fiscal year, exceed the number

determined in accordance with the following table:

---------------------------------------------------------------------

Number of members of that reserve

component who may be serving in the

grade of:

Total number of E-8 E-9

members of a reserve

component serving on

full-time reserve

component duty:

---------------------------------------------------------------------

Army Reserve:

10,000 1,052 154

11,000 1,126 168

12,000 1,195 180

13,000 1,261 191

14,000 1,327 202

15,000 1,391 213

16,000 1,455 224

17,000 1,519 235

18,000 1,583 246

19,000 1,647 257

20,000 1,711 268

21,000 1,775 278

Army National Guard:

20,000 1,650 550

22,000 1,775 615

24,000 1,900 645

26,000 1,945 675

28,000 1,945 705

30,000 1,945 725

32,000 1,945 730

34,000 1,945 735

36,000 1,945 738

38,000 1,945 741

40,000 1,945 743

42,000 1,945 743

Naval Reserve:

10,000 340 143

11,000 364 156

12,000 386 169

13,000 407 182

14,000 423 195

15,000 435 208

16,000 447 221

17,000 459 234

18,000 471 247

19,000 483 260

20,000 495 273

21,000 507 286

22,000 519 299

23,000 531 312

24,000 540 325

Marine Corps

Reserve:

1,100 50 11

1,200 55 12

1,300 60 13

1,400 65 14

1,500 70 15

1,600 75 16

1,700 80 17

1,800 85 18

1,900 89 19

2,000 93 20

2,100 96 21

2,200 99 22

2,300 101 23

2,400 103 24

2,500 105 25

2,600 107 26

Air Force Reserve:

500 75 40

1,000 145 75

1,500 208 105

2,000 270 130

2,500 325 150

3,000 375 170

3,500 420 190

4,000 460 210

4,500 495 230

5,000 530 250

5,500 565 270

6,000 600 290

7,000 670 330

8,000 740 370

10,000 800 400

Air National Guard

5,000 1,020 405

6,000 1,070 435

7,000 1,120 465

8,000 1,170 490

9,000 1,220 510

10,000 1,270 530

11,000 1,320 550

12,000 1,370 570

13,000 1,420 589

14,000 1,470 608

15,000 1,520 626

16,000 1,570 644

17,000 1,620 661

18,000 1,670 678

19,000 1,720 695

20,000 1,770 712.

-------------------------------

(b) Determinations by Interpolation. - If the total number of

members of a reserve component serving on full-time reserve

component duty is between any two consecutive numbers in the first

column of the table in subsection (a), the corresponding authorized

strengths for each of the grades shown in that table for that

component are determined by mathematical interpolation between the

respective numbers of the two strengths. If the total number of

members of a reserve component serving on full-time reserve

component duty is more or less than the highest or lowest number,

respectively, set forth in the first column of the table in

subsection (a), the Secretary concerned shall fix the corresponding

strengths for the grades shown in the table at the same proportion

as is reflected in the nearest limit shown in the table.

(c) Reallocations to Lower Grade. - Whenever the number of

members serving in pay grade E-9 for duty described in subsection

(a) is less than the number authorized for that grade under this

section, the difference between the two numbers may be applied to

increase the number authorized under this section for pay grade

E-8.

(d) Secretarial Waiver. - (1) Upon determining that it is in the

national interest to do so, the Secretary of Defense may increase

for a particular fiscal year the number of reserve enlisted members

that may be on active duty or full-time National Guard duty as

described in subsection (a) for a reserve component in a pay grade

referred to in a table in subsection (a) by a number that does not

exceed the number equal to 5 percent of the maximum number

specified for that grade and reserve component in the table.

(2) Whenever the Secretary exercises the authority provided in

paragraph (1), the Secretary shall submit to the Committee on Armed

Services of the Senate and the Committee on Armed Services of the

House of Representatives notice in writing of the adjustment made.

(e) Full-Time Reserve Component Duty Defined. - In this section,

the term ''full-time reserve component duty'' has the meaning given

the term in section 12011(e) of this title.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(a)(1), Oct.

5, 1994, 108 Stat. 2987; amended Pub. L. 104-106, div. A, title

IV, Sec. 414(b), title XV, Sec. 1501(b)(10), Feb. 10, 1996, 110

Stat. 288, 496; Pub. L. 105-261, div. A, title IV, Sec. 414(b),

Oct. 17, 1998, 112 Stat. 1998; Pub. L. 106-65, div. A, title IV,

Sec. 414(b), Oct. 5, 1999, 113 Stat. 586; Pub. L. 106-398, Sec. 1

((div. A), title IV, Sec. 415(b), 421(c), 424(b)), Oct. 30, 2000,

114 Stat. 1654, 1654A-94 to 1654A-96; Pub. L. 107-107, div. A,

title IV, Sec. 415(b), Dec. 28, 2001, 115 Stat. 1073.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 517(b), (c) of this title, prior to amendment by Pub. L.

103-337, Sec. 1662(a)(4).

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107 inserted heading and amended

text of subsec. (a) generally. Prior to amendment, text consisted

of table setting out maximum number of enlisted members in pay

grades E-8 and E-9 who may be on active duty (other than for

training) or on full-time National Guard duty (other than for

training) as of the end of any fiscal year in connection with

organizing, administering, recruiting, instructing, or training the

reserve components or the National Guard.

Subsec. (b). Pub. L. 107-107 inserted heading and amended text of

subsec. (b) generally. Prior to amendment, text read as follows:

''Whenever the number of members serving in pay grade E-9 for duty

described in subsection (a) is less than the number authorized for

that grade under subsection (a), the difference between the two

numbers may be applied to increase the number authorized under such

subsection for pay grade E-8.''

Subsec. (c). Pub. L. 107-107 inserted heading and amended text of

subsec. (c) generally. Prior to amendment, text read as follows:

''Whenever under section 527 of this title the President may

suspend the operation of any provision of section 523, 525, or 526

of this title, the Secretary of Defense may suspend the operation

of any provision of this section. Any such suspension shall, if

not sooner ended, end in the manner specified in section 527 for a

suspension under that section.''

Subsec. (d). Pub. L. 107-107 inserted heading and amended text of

subsec. (d) generally. Prior to amendment, text read as follows:

''Upon increasing under subsection (c)(2) of section 115 of this

title the end strength that is authorized under subsection

(a)(1)(B) of that section for a fiscal year for active-duty

personnel and full-time National Guard duty personnel of an armed

force who are to be paid from funds appropriated for reserve

personnel, the Secretary of Defense may increase for that fiscal

year the limitation that is set forth in subsection (a) of this

section for the number of enlisted members of that armed force

serving in any grade if the Secretary determines that such action

is in the national interest. The percent of the increase may not

exceed the percent by which the Secretary increases that end

strength.''

Subsec. (e). Pub. L. 107-107 added subsec. (e).

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 ((div. A), title IV,

Sec. 415(b)), amended table generally, increasing the fiscal year

limitation on number of enlisted members in the Army in grade of

E-9 from 645 to 764 and in grade of E-8 from 2,593 to 2,821, and in

the Air Force in grade of E-9 from 405 to 502 and in grade of E-8

from 1,041 to 1,117.

Subsec. (c). Pub. L. 106-398, Sec. 1 ((div. A), title IV, Sec.

421(c)), added subsec. (c).

Subsec. (d). Pub. L. 106-398, Sec. 1 ((div. A), title IV, Sec.

424(b)), added subsec. (d).

1999 - Subsec. (a). Pub. L. 106-65 amended table generally,

increasing the fiscal year limitation on number of enlisted members

in the Army in grade of E-9 from 623 to 645 and in grade of E-8

from 2,585 to 2,593, and in the Air Force in grade of E-9 from 395

to 405 and in grade of E-8 from 997 to 1,041.

1998 - Subsec. (a). Pub. L. 105-261, in table, in grade E-9

increased figure for Army from 603 to 623 and for Air Force from

366 to 395, and in grade E-8 increased figure for Air Force from

890 to 997.

1996 - Pub. L. 104-106, Sec. 1501(b)(10), substituted ''the

National'' for ''National'' in section catchline.

Subsec. (a). Pub. L. 104-106, Sec. 414(b), in table, in grade

E-9, increased figure for Army from 569 to 603, for Air Force from

328 to 366, and for Marine Corps from 14 to 20, and in grade E-8,

increased figure for Air Force from 840 to 890 and for Marine Corps

from 74 to 94. All other figures remained unchanged.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by section 1 ((div. A), title IV, Sec. 415(b)) of Pub.

L. 106-398 effective Oct. 1, 2000, see section 1 ((div. A), title

IV, Sec. 415(c)) of Pub. L. 106-398, set out as a note under

section 12011 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-261 effective Oct. 1, 1998, see section

414(c) of Pub. L. 105-261, set out as a note under section 12011 of

this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 1501(b)(10) of Pub. L. 104-106 effective as

if included in the Reserve Officer Personnel Management Act, title

XVI of Pub. L. 103-337, as enacted on Oct. 5, 1994, see section

1501(f)(3) of Pub. L. 104-106, set out as a note under section 113

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 32 section 112.

-CITE-