10 U.S.C. § 12005 — Strength in grade: commissioned officers

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. Page 3633 TITLE 10—ARMED FORCES § 12007 (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 fol- lowing percentages of the total authorized num- ber of those officers: Colonel ................................................... 2 percent Lieutenant colonel ................................. 8 percent Major ..................................................... 16 percent Captain .................................................. 39 percent First lieutenant and second lieutenant (when combined with the number au- thorized for general officer grades under section 12004 of this title) ......... 35 percent. (2) When the actual number of officers in an active status in any grade is less than the num- ber 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 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. (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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained 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). AMENDMENTS 2006—Subsec. (b)(1). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’ in introductory provi- sions. Subsec. (d)(2). Pub. L. 109–163 substituted ‘‘Navy Re- serve’’ 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). 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. § 12006. Strength limitations: authority to waive in time of war or national emergency (a) In time of war, or of national emergency declared by Congress or the President, the Presi- dent 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 con- tinues, 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 oc- curs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emer- gencies 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. (Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2986.) Editorial Notes 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 (§ 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 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. 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 De- fense by section 4 of Ex. Ord. No. 13223, set out as a note under section 12302 of this title. § 12007. Reserve officers of the Army: distribu- tion 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 as- signed 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 compo- nent by prescribing appropriate tables of organi- zation and tables of distribution. The Secretary shall distribute the number who are not as- signed 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3220 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3).