10 U.S.C. § 12004 — Strength in grade: reserve general and

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 ‘‘(e) [Repealed.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 Page 3632 TITLE 10—ARMED FORCES § 12005 of a reduction in the number of general officers authorized under subsection (a). (2) An officer of the Navy Reserve or the Ma- rine Corps Reserve may not be reduced in per- manent 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 as- signment or other non-joint active duty assign- ment, but only during the 60-day period begin- ning on the date the officer departs the joint duty or other active duty assignment. The Sec- retary 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. (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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3218, 5457(a), 5458(a), and 8218 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3). AMENDMENTS 2011—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), re- designated former pars. (1) to (4) as (2) to (5), respec- tively, and in introductory provisions of par. (2) sub- stituted ‘‘Of the number of Navy reserve officers au- thorized 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 distrib- uted 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), sub- stituted ‘‘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’’. Statutory Notes and Related Subsidiaries 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. 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. § 12005. Strength in grade: commissioned officers in grades below brigadier general or rear ad- miral (lower half) in an active status (a)(1) Subject to paragraph (2), the authorized strength of the Army and the Air Force in re- serve commissioned officers in an active status in each grade named in paragraph (2) is as pre- scribed by the Secretary of the Army or the Sec- retary of the Air Force, respectively. A vacancy in any grade may be filled by an authorized ap- pointment in any lower grade. (2) A strength prescribed by the Secretary con- cerned 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 percent- age Air Force percent- age Colonel .......................................... 2 1.8 Lieutenant colonel ....................... 6 4.6 Major ............................................ 13 14.0 Captain ......................................... 35 32.0 First lieutenant and second lieu- tenant (when combined with the number authorized for general officer grades under section 12004 of this title) ....................... 44 47.6 (3) Medical officers and dental officers shall not be counted for the purposes of this sub- section. (b)(1) The authorized strengths of the Navy Reserve in line officers in an active status in the grades of captain, commander, lieutenant com- mander, and lieutenant, and in the grades of lieutenant (junior grade) and ensign combined, are the following percentages of the total au- thorized number of those officers: Captain .................................................. 1.5 percent Commander ............................................ 7 percent Lieutenant commander .......................... 22 percent Lieutenant ............................................. 37 percent Lieutenant (junior grade) and ensign (when combined with the number au- thorized for flag officer grades under section 12004 of this title) ................... 32.5 percent. (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.