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10 U.S.C. § 12004 — Strength in grade: reserve general and flag officers in an active status
Federal law — U.S. Code and appendices · legal_authorities
**(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.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section526&num=0&edition=prelim).
(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).
**(c)**
(1) The following Navy reserve officers shall not be counted for purposes of this section:
(A) Those counted under [section 526 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section526&num=0&edition=prelim).
(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).
(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.
**(d)** The following Marine Corps reserve officers shall not be counted for purposes of thi
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Source file: Laws/federal/codes/united-states-code/title-10/section-12004-strength-in-grade-reserve-general-and-flag-officers-in-an-active-status--79799d80fd.md
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Source location: Title 10, Chapter 1201, § 12004; chapter-1201-authorized-strengths-and-distribution-in-grade.md
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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.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section526&num=0&edition=prelim).
(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).
**(c)**
(1) The following Navy reserve officers shall not be counted for purposes of this section:
(A) Those counted under [section 526 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section526&num=0&edition=prelim).
(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).
(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.
**(d)** The following Marine Corps reserve officers shall not be counted for purposes of this section:
(1) Those counted under [section 526 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section526&num=0&edition=prelim).
(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).
**(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 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.
**(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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitations.—** The number of general officers on active duty in the Army, Air Force, Marine Corps, and Space Force, and the number of flag officers on active duty in the Navy, may not exceed the number specified for the armed force concerned as follows:
(1) For the Army, 219.
(2) For the Navy, 150.
(3) For the Air Force, 168.
(4) For the Marine Corps, 64.
(5) For the Space Force, 24.
**(b) Limited Exclusion for Joint Duty Requirements.—**
(1) **In general.—** — The Secretary of Defense may designate up to 232 general officer and flag officer positions that are joint duty assignments for purposes of chapter 38 of this title for exclusion from the limitations in subsection (a).
(2) **Minimum number.—** — Unless the Secretary of Defense determines that a lower number is in the best interest of the Department of Defense, the minimum number of officers serving in positions designated under paragraph (1) for each armed force shall be as follows:
(A) For the Army, 75.
(B) For the Navy, 53.
(C) For the Air Force, 68.
(D) For the Marine Corps, 17.
(E) For the Space Force, 6.
**(c) Exclusion of Certain Officers of Reserve Components and of the Space Force.—** The limitations of this section do not apply to the following:
(1) A general or flag officer of a reserve component or of the Space Force who is on active duty—
(A) for training; or
(B) under a call or order specifying a period of less than 180 days.
(2)
(A) A general or flag officer of a reserve component who is authorized by the Secretary of the military department concerned to serve on active duty for a period of at least 180 days and not longer than 365 days.
(B) The Secretary of the military department concerned may authorize a number, determined under subparagraph (C), of of
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 526
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12003&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12004&num=0&edition=prelim))4447.6
(3) Medical officers and dental officers shall not be counted for the purposes of this subsection.
**(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](https://uscode.house.gov/view.xhtml?req=gran
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12005
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Development Contract.—**
(1) **Determining whether proposals are necessary.—** — The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a development contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system’s required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror’s price.
(2) **Contents of proposals.—** — Proposals referred to in the first sentence of paragraph (1) are the following:
(A) Proposals to incorporate in the design of the major system items which are currently available within the supply system of the Federal agency responsible for the major system, available elsewhere in the national supply system, or commercially available from more than one source.
(B) With respect to items that are likely to be required in substantial quantities during the system’s service life, proposals to incorporate in the design of the major system items which the United States will be able to acquire competitively in the future.
**(b) Production Contract.—**
(1) **Determining whether proposals are necessary.—** — The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a production contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require such proposals, the head of the agency shall give d
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3208
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Federal law — U.S. Code and appendices · legal_authorities
Any officer of the naval service may be designated a naval flight officer if he has successfully completed the course prescribed for naval flight officers.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8218
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Federal law — U.S. Code and appendices · legal_authorities
Page 3631
TITLE 10—ARMED FORCES
§ 12004
‘‘(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,
§ 1661(a)(3)(B), Oct. 5, 1994, 108 Stat. 2980.]
‘‘(g) This section does not apply to the Coast Guard.’’
§ 12002. Authorized strengths: Army and Air
Force reserve components, exclusive of mem-
bers on active duty
(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 mem-
bers 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 Na-
tional 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.
(Added Pub. L. 103–337, div. A, title XVI,
§ 1662(a)(1), Oct. 5, 1994, 108 Stat. 2983.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in sections 3222, 3225, 8222, and 8225 of this title,
prior to repeal by Pub. L. 103–337, § 1662(a)(3).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 1, 1994, except as
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12004
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