Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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type: "LegalText"
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title: "10 U.S.C. § 12002"
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description: "Authorized strengths: Army and Air Force reserve components, exclusive of members on active duty"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "1201"
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chapter_name: "AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE"
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section: "12002"
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citation: "10 U.S.C. § 12002"
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# 10 U.S.C. § 12002 - Authorized strengths: Army and Air Force reserve components, exclusive of members on active duty
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## Text
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(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 States600,000 Army Reserve980,000 Air National Guard and the Air National Guard of the United States150,000 Air Force Reserve500,000.
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(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.
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(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2983.)
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## Notes
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Editorial Notes
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Prior ProvisionsProvisions 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, § 1662(a)(3).
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Statutory Notes and Related Subsidiaries
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Effective DateSection 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.
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---
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type: "LegalText"
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title: "10 U.S.C. § 12003"
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description: "Authorized strengths: commissioned officers in an active status"
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chapter_number: "1201"
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chapter_name: "AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE"
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section: "12003"
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citation: "10 U.S.C. § 12003"
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---
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# 10 U.S.C. § 12003 - Authorized strengths: commissioned officers in an active status
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## Text
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(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: Army275,000 Air Force200,000 Navy150,000 Marine Corps24,500.
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(b) The authorized strengths prescribed by subsection (a) may not be exceeded unless—
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(1) the Secretary concerned determines that a greater number is necessary for planned mobilization requirements; or
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(2) the excess results directly from the operation of a nondiscretionary provision of law.
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(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2984.)
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## Notes
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Editorial Notes
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Prior ProvisionsProvisions 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, § 1662(a)(3).
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Statutory Notes and Related Subsidiaries
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Effective DateSection 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.
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---
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type: "LegalText"
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title: "10 U.S.C. § 12004"
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description: "Strength in grade: reserve general and flag officers in an active status"
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chapter_number: "1201"
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chapter_name: "AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE"
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section: "12004"
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---
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# 10 U.S.C. § 12004 - Strength in grade: reserve general and flag officers in an active status
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## Text
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(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: Army207 Air Force157 Navy48 Marine Corps10.
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(b) The following Army and Air Force reserve officers shall not be counted for purposes of this section:
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(1) Those serving as adjutants general or assistant adjutants general of a State.
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(2) Those serving in the National Guard Bureau.
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(3) Those counted under section 526 of this title.
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(4) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the armed force concerned by subsection (a).
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(c) (1) The following Navy reserve officers shall not be counted for purposes of this section:
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(A) Those counted under section 526 of this title.
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(B) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Navy in subsection (a).
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(2) 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.
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(d) The following Marine Corps reserve officers shall not be counted for purposes of this section:
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(1) Those counted under section 526 of this title.
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(2) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Marine Corps in subsection (a).
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(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).
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(2) An officer of the Navy 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.
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(f) The limitations in subsection (a) do not apply to an officer released from a joint duty assignment or other non-joint active duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty or other active duty assignment. The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, except that not more than three officers in an active status from each reserve component may be covered by an extension under this sentence at the same time.
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(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2984; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(9), Feb. 10, 1996, 110 Stat. 496; Pub. L. 105–261, div. A, title IV, § 415, Oct. 17, 1998, 112 Stat. 1998; Pub. L. 109–163, div. A, title V, §§ 512, 515(b)(1)(EE), Jan. 6, 2006, 119 Stat. 3232, 3233; Pub. L. 110–417, [div. A], title V, § 526, Oct. 14, 2008, 122 Stat. 4448; Pub. L. 111–84, div. A, title V, § 502(h), Oct. 28, 2009, 123 Stat. 2276; Pub. L. 111–383, div. A, title V, § 511, Jan. 7, 2011, 124 Stat. 4210.)
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## Notes
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Editorial Notes
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Prior ProvisionsProvisions 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, § 1662(a)(3).
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Amendments2011—Subsec. (c)(2) to (5). Pub. L. 111–383 redesignated par. (4) as (2) and struck out former pars. (2), (3), and (5). Former pars. (2) and (3) specified the distribution of Navy reserve officers authorized by subsection (a), and former par. (5) specified the Medical Department staff corps for purposes of par. (1). 2009—Subsec. (f). Pub. L. 111–84 added subsec. (f). 2008—Subsec. (b)(4). Pub. L. 110–417, § 526(a), added par. (4). Subsec. (c). Pub. L. 110–417, § 526(b), added par. (1), redesignated former pars. (1) to (4) as (2) to (5), respectively, and in introductory provisions of par. (2) substituted “Of the number of Navy reserve officers authorized by subsection (a), 40 are distributed among the line and staff corps as follows:” for “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), 40 are distributed among the line and the staff corps as follows:”. Subsec. (d). Pub. L. 110–417, § 526(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The authorized strength of the Marine Corps under subsection (a) is exclusive of those counted under section 526 of this title.” 2006—Subsec. (c)(1). Pub. L. 109–163, § 512(a), (b), (d), substituted “40” for “39” in introductory provisions and “33” for “28” and “5” for “9” in table. Subsec. (c)(2)(A). Pub. L. 109–163, § 512(c), substituted “six” for “seven”. Subsec. (e)(2). Pub. L. 109–163, § 515(b)(1)(EE), substituted “Navy Reserve” for “Naval Reserve”. 1998—Subsec. (c)(1). Pub. L. 105–261, § 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, § 415(2), added par. (4). 1996—Subsec. (a). Pub. L. 104–106 substituted “active status, are” for “active-status, are”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 1996 AmendmentAmendment 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.
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Effective DateSection 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.
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---
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type: "LegalText"
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title: "10 U.S.C. § 12005"
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description: "Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "1201"
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||||
chapter_name: "AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE"
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citation: "10 U.S.C. § 12005"
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---
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||||
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||||
# 10 U.S.C. § 12005 - Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status
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## Text
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||||
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||||
(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.
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(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: GradeArmy percentageAir Force percentage Colonel21.8 Lieutenant colonel64.6 Major1314.0 Captain3532.0 First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title)4447.6
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(3) Medical officers and dental officers shall not be counted for the purposes of this subsection.
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(b) (1) The authorized strengths of the Navy 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: Captain1.5 percent Commander7 percent Lieutenant commander22 percent Lieutenant37 percent Lieutenant (junior grade) and ensign (when combined with the number authorized for flag officer grades under section 12004 of this title)32.5 percent.
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(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.
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(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: Colonel2 percent Lieutenant colonel8 percent Major16 percent Captain39 percent First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title)35 percent.
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(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.
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(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.
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(2) An officer of the Navy 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.
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(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2985; amended Pub. L. 106–398, § 1 [[div. A], title IV, § 423], Oct. 30, 2000, 114 Stat. 1654, 1654A–96; Pub. L. 108–375, div. A, title V, § 504, Oct. 28, 2004, 118 Stat. 1875; Pub. L. 109–163, div. A, title V, § 515(b)(1)(FF), Jan. 6, 2006, 119 Stat. 3233.)
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## Notes
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Editorial Notes
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||||
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Prior ProvisionsProvisions 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, § 1662(a)(3).
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Amendments2006—Subsec. (b)(1). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” in introductory provisions. Subsec. (d)(2). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”. 2004—Subsec. (c)(1). Pub. L. 108–375 amended table generally, increasing percentages of authorized number of officers in grades other than colonel. 2000—Subsec. (a)(3). Pub. L. 106–398 added par. (3).
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Statutory Notes and Related Subsidiaries
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||||
|
||||
Effective DateSection 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.
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||||
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---
|
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type: "LegalText"
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||||
title: "10 U.S.C. § 12006"
|
||||
description: "Strength limitations: authority to waive in time of war or national emergency"
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corpus: "united_states_code"
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title_number: 10
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title_name: "ARMED FORCES"
|
||||
chapter_number: "1201"
|
||||
chapter_name: "AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE"
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||||
section: "12006"
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||||
citation: "10 U.S.C. § 12006"
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status: "current"
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---
|
||||
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||||
# 10 U.S.C. § 12006 - Strength limitations: authority to waive in time of war or national emergency
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||||
## Text
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||||
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||||
(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.
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(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.
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(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2986.)
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## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe 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 (§ 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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
|
||||
Executive Documents
|
||||
|
||||
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.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12007"
|
||||
description: "Reserve officers of the Army: distribution"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE"
|
||||
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|
||||
citation: "10 U.S.C. § 12007"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12007 - Reserve officers of the Army: distribution
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2986.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in section 3220 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12008"
|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12008 - Army Reserve and Air Force Reserve: warrant officers
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2987.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in sections 3223 and 8223 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 12009"
|
||||
description: "Army and Air Force reserve components: temporary increases"
|
||||
jurisdiction: "us"
|
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corpus: "united_states_code"
|
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|
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|
||||
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|
||||
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|
||||
chapter_name: "AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE"
|
||||
section: "12009"
|
||||
citation: "10 U.S.C. § 12009"
|
||||
status: "current"
|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12009 - Army and Air Force reserve components: temporary increases
|
||||
|
||||
## Text
|
||||
|
||||
(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), 7036, 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.
|
||||
|
||||
(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2987; amended Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in sections 3212 and 8212 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3).
|
||||
|
||||
Amendments2018—Subsec. (a). Pub. L. 115–232 substituted “section 1211(a), 7036,” for “section 1211(a), 3036,”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 12010"
|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 12010 - Computations for Navy Reserve and Marine Corps Reserve: rule when fraction occurs in final result
|
||||
|
||||
## Text
|
||||
|
||||
When there is a fraction in the final result of any computation under this chapter for the Navy 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.
|
||||
|
||||
(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2987; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(GG), (3)(I), Jan. 6, 2006, 119 Stat. 3233, 3234.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in section 5454 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3).
|
||||
|
||||
Amendments2006—Pub. L. 109–163, § 515(b)(3)(I), substituted “Navy Reserve” for “Naval Reserve” in section catchline. Pub. L. 109–163, § 515(b)(1)(GG), substituted “Navy Reserve” for “Naval Reserve” in text.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,63 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 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
|
||||
|
||||
## Text
|
||||
|
||||
(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: Total number of members of a reserve component serving on full-time reserve component duty:Number of members of that reserve component who may be serving in the grade of: E–8E–9 Army Reserve: 10,0001,052154 11,0001,126168 12,0001,195180 13,0001,261191 14,0001,327202 15,0001,391213 16,0001,455224 17,0001,519235 18,0001,583246 19,0001,647257 20,0001,711268 21,0001,775278 Army National Guard: 20,0001,650550 22,0001,775615 24,0001,950645 26,0002,100675 28,0002,250715 30,0002,400735 32,0002,500760 34,0002,600780 36,0002,700800 38,0002,800820 40,0002,900830 42,0003,000840 Navy Reserve: 10,000340143 11,000364156 12,000386169 13,000407182 14,000423195 15,000435208 16,000447221 17,000459234 18,000471247 19,000483260 20,000495273 21,000507286 22,000519299 23,000531312 24,000540325 Marine Corps Reserve: 1,1005011 1,2005512 1,3006013 1,4006514 1,5007015 1,6007516 1,7008017 1,8008518 1,9008919 2,0009320 2,1009621 2,2009922 2,30010123 2,40010624 2,50011225 2,60011626 2,70012127 2,80012528 2,90013029 3,00013430 Air Force Reserve: 5007540 1,00014575 1,500208105 2,000270130 2,500325150 3,000375170 3,500420190 4,000460210 4,500495230 5,000530250 5,500565270 6,000600290 7,000670330 8,000740370 10,000800400 Air National Guard: 10,0001,350550 12,0001,466594 14,0001,582636 16,0001,698676 18,0001,814714 20,0001,930752 22,0002,046790 24,0002,162828 26,0002,278866 28,0002,394904 30,0002,510942 32,0002,626980 34,0002,7421,018 36,0002,8581,056 38,0002,9741,094 40,0003,0901,132 .
|
||||
|
||||
(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.
|
||||
|
||||
(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2987; amended Pub. L. 104–106, div. A, title IV, § 414(b), title XV, § 1501(b)(10), Feb. 10, 1996, 110 Stat. 288, 496; Pub. L. 105–261, div. A, title IV, § 414(b), Oct. 17, 1998, 112 Stat. 1998; Pub. L. 106–65, div. A, title IV, § 414(b), Oct. 5, 1999, 113 Stat. 586; Pub. L. 106–398, § 1 [[div. A], title IV, §§ 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, § 415(b), Dec. 28, 2001, 115 Stat. 1073; Pub. L. 108–375, div. A, title X, § 1084(d)(34), Oct. 28, 2004, 118 Stat. 2063; Pub. L. 109–163, div. A, title V, § 515(b)(1)(II), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 110–417, [div. A], title V, § 512(c), Oct. 14, 2008, 122 Stat. 4440; Pub. L. 115–232, div. A, title V, § 515(b), Aug. 13, 2018, 132 Stat. 1753; Pub. L. 116–92, div. A, title IV, § 415(c), Dec. 20, 2019, 133 Stat. 1337.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in section 517(b), (c) of this title, prior to amendment by Pub. L. 103–337, § 1662(a)(4).
|
||||
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Amendments2019—Subsec. (a). Pub. L. 116–92 inserted section of table relating to the Marine Corps Reserve and struck out corresponding former section. 2018—Subsec. (a). Pub. L. 115–232 inserted section of table relating to the Air National Guard and struck out corresponding former section. 2008—Subsec. (a). Pub. L. 110–417 inserted section of table relating to the Army National Guard and struck out corresponding former section. 2006—Subsec. (a). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” in table. 2004—Subsec. (a). Pub. L. 108–375 inserted colon after “Air National Guard” in table. 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, § 1 [[div. A], title IV, § 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, § 1 [[div. A], title IV, § 421(c)], added subsec. (c). Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title IV, § 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, § 1501(b)(10), substituted “the National” for “National” in section catchline. Subsec. (a). Pub. L. 104–106, § 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.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2000 AmendmentAmendment by section 1 [[div. A], title IV, § 415(b)] of Pub. L. 106–398 effective Oct. 1, 2000, see section 1 [[div. A], title IV, § 415(c)] of Pub. L. 106–398, set out as a note under section 12011 of this title.
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Effective Date of 1998 AmendmentAmendment 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.
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Effective Date of 1996 AmendmentAmendment 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.
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Effective DateSection 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.
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