10 U.S.C. § 12003 — Authorized strengths: commissioned offi-

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 ‘‘(e) [Repealed.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 otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. § 12003. Authorized strengths: commissioned offi- cers in an active status (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 mo- bilization requirements; or (2) the excess results directly from the oper- ation of a nondiscretionary provision of law. (Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2984.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3217, 5414, and 8217 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 otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. § 12004. Strength in grade: reserve general and flag officers in an active status (a) The authorized strengths of the Army, Air Force, and Marine Corps in reserve general offi- cers in an active status, and the authorized strength of the Navy in reserve officers in the grades of rear admiral (lower half) and rear ad- miral 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 as- sistant adjutants general of a State. (2) Those serving in the National Guard Bu- reau. (3) Those counted under section 526 of this title. (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 ex- cluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the armed force con- cerned 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. (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 ex- cluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Navy in sub- section (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 ad- miral. (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. (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 ex- cluded 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