§ 12004. Strength in grade: reserve general and flag officers in an active status

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 div. A title XVI § 1662(a)(1) · 108 Stat. 2663

   Enacted · 10 U.S.C. § 12004

   Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2984

   Source evidence

   Code source credit
   Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2984

   Enacted provision · exact public law section
   (1) Subtitle E, as added by section 1611, is amended by inserting after part I of such subtitle, as added by section 1661, the following: “PART II— PERSONNEL GENERALLY “Chap. “1201. Authorized Strengths and Distribution in Grade “1203. Enlisted Members “1205. Appointment of Reserve Officers “1207. Warrant Officers “1209. Active Duty “1211. National Guard Members in Federal Service “1213. Special Appointments, Assignments, Details, and Duties “1215. Miscellaneous Prohibitions and Penalties “1217. Miscellaneous Rights and Benefits “1219. Standards and Procedures for Retention and Promotion “1221. Separation “1223. Retired Pay for Non-Regular Service “1225. Retired Grade “CHAPTER 1201— AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE “Sec. “12001. Authorized strengths: reserve components. “12002. Authorized strengths: Army and Air Force reserve components, exclusive of members on active duty. “12003. Authorized strengths: commissioned officers active status. “12004. Strength in grade: reserve general and flag officers in an active status. “12005. Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status. “12006. Strength limitations: authority to waive in time of war or national emergency. “12007. Reserve officers of the Army: distribution. “12008. Army Reserve and Air Force Reserve: warrant officers. “12009. Army and Air Force reserve components: temporary increases. “12010. Computations for Naval Reserve and Marine Corps Reserve: rule when fraction occurs in final result. “12011. Authorized strengths: reserve officers on active duty or on full-time National Guard duty for administration of the reserves or the National Guard. “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. “§ 12001. Authorized strengths: reserve components “(a) Whenever the authorized strength of a reserve component President. (other than the Coast Guard Reserve) is not prescribed by law, it shall be prescribed by the President. “(b) Subject to the authorized strength of the reserve component concerned, the authorized strength of each reserve component (other than the Coast Guard Reserve) in members in each grade is that which the Secretary concerned determines to be necessary to provide for mobilization requirements. The Secretary shall review these determinations at least once each year and revise them if he considers it necessary. However, a member of the reserve component concerned may not, as a result of such a determination, be reduced in the member’s reserve grade without the member’s consent. “§ 12002. Authorized strengths: Army and Air Force reserve components, exclusive of members 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 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 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 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. “§ 12003. Authorized strengths: commissioned officers 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 mobilization requirements; or “(2) the excess results directly from the operation of a nondiscretionary provision of law. “§ 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 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: “Army 207 “Air Force 157 “Navy 48 “Manne 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 assistant adjutants general of a State. “(2) Those serving in the National Guard Bureau. “(3) Those counted under section 526 of this title. “(c) (1) 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), 39 are distributed among the line and the staff corps as follows: “Line 28 “Medical Corps 5 “Chaplain Corps 1 “Judge Advocate General’s Corps 1 “Dental Corps 2 “Nurse Corps 1 “Medical Service Corps 1 “(2) The remaining authorizations for the Navy under subsection (a) shall be distributed among such other staff corps as are established by the Secretary of the Navy under the authority provided by section 5150(b) of this title, except that— “(A) if the Secretary has established a Supply Corps, the authorized strength for the Supply Corps shall be seven; and “(B) if the Secretary has established a Civil Engineering Corps, the authorized strength for the Civil Engineering Corps shall be two. “(3) 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 authorized strength of the Marine Corps under subsection (a) is exclusive of those counted under section 526 of this title. “(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 Naval 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. “§ 12005. Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status “(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 that is specified for that grade as follows: Grade Army percentage Air Force percentage       Colonel 2 1.8 Lieutenant colonel 6 4.6 Major 13 14 Captain 35 32 First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title) 44 47.6       “(b) (1) The authorized strengths of the Naval 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: “Captain 1.5 percent “Commander 7 percent “Lieutenant commander 22 percent “Lieutenant 37 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. “(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. “(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: “Colonel 2 percent “Lieutenant colonel 6 percent “Major 12 percent “Captain 35 percent “First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title) 32.5 percent. “(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. “(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 Naval 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. “§ 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 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. “(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. “§ 12007. Reserve officers of the Army: distribution “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. “§ 12008. Army Reserve and Air Force Reserve: warrant officers “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. “§ 12009. Army and Air Force reserve components: temporary increases “(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), 3036, 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. “§ 12010. Computations for Naval Reserve and Marine Corps Reserve: rule when fraction occurs in final result “When there is a fraction in the final result of any computation under this chapter for the Naval 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. “§12012. Authorized strengths: senior enlisted members on active duty or on full-time National Guard duty for administration of the reserves or National Guard “(a) The 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 under the authority of section 502(f) of title 32 (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 may not exceed the number for that grade and armed force in the following table: Grade Army Navy Air Force Marine Corps           E–9 569 202 328 14 E–8 2,585 429 840 74           “(b) 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”.

   Effective date note
   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.

2. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title XV § 1501(b)(9) · 110 Stat. 186

   Substituted · 10 U.S.C. § 12004(a)

   Pub. L. 104–106 substituted “active status, are” for “active-status, are”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–106 substituted “active status, are” for “active-status, are”.

   Enacted provision · exact public law section
   (9) Section 12004(a) is amended by striking out “active-status” and inserting in lieu thereof “active status”

   Effective date note
   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.

3. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 § 415(1) · 112 Stat. 1920

   1. Inserted · 10 U.S.C. § 12004(c)(1)

      Pub. L. 105–261, § 415(1), in table, inserted item relating to Medical Department staff corps

   2. Struck · 10 U.S.C. § 12004(c)(1)

      Pub. L. 105–261, § 415(1), in table, struck out items relating to Medical Corps, Dental Corps, Nurse Corps, and Medical Service Corps

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) in the table in paragraph (1)— (A) by striking out the item relating to the Medical Corps and inserting in lieu thereof the following: “Medical Department staff corps (B) by striking out the items relating to the Dental Corps, the Nurse Corps, and the Medical Service Corps; and

4. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 § 415(2) · 112 Stat. 1920

   Added · 10 U.S.C. § 12004(c)(4)

   Pub. L. 105–261, § 415(2), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 105–261, § 415(2), added par. (4).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(4) (A) For the purposes of paragraph (1), the Medical Department staff corps referred to in the table are as follows: “(i) The Medical Corps. “(ii) The Dental Corps. “(iii) The Nurse Corps. “(iv) The Medical Service Corps. “(B) Each of the Medical Department staff corps is authorized one rear admiral (lower half) within the strength authorization distributed to the Medical Department staff corps under paragraph (1). The Secretary of the Navy shall distribute the remainder of the strength authorization for the Medical Department staff corps under that paragraph among those staff corps as the Secretary determines appropriate to meet the needs of the Navy.”.

5. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 512(a) · 119 Stat. 3136

   1. Substituted · 10 U.S.C. § 12004(c)(1)

      Pub. L. 109–163, § 512(a), (b), (d), substituted “40” for “39” in table

   2. Substituted · 10 U.S.C. § 12004(c)(1)

      Pub. L. 109–163, § 512(a), (b), (d), substituted “33” for “28” in table

   3. Substituted · 10 U.S.C. § 12004(c)(1)

      Pub. L. 109–163, § 512(a), (b), (d), substituted “5” for “9” in table

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Line Officers.— The table in paragraph (1) of section 12004(c) of title 10, United States Code, is amended by striking “28” in the item relating to Line officers and inserting “33”.

6. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 512(c) · 119 Stat. 3136

   Substituted · 10 U.S.C. § 12004(c)(2)(A)

   Pub. L. 109–163, § 512(c), substituted “six” for “seven”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(A). Pub. L. 109–163, § 512(c), substituted “six” for “seven”.

   Enacted provision · exact public law section
   (c) Supply Corps Officers.— Paragraph (2)(A) of such section is amended by striking “seven” and inserting “six”.

7. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 515(b)(1)(EE) · 119 Stat. 3136

   Substituted · 10 U.S.C. § 12004(e)(2)

   Pub. L. 109–163, § 515(b)(1)(EE), substituted “Navy Reserve” for “Naval Reserve”

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 109–163, § 515(b)(1)(EE), substituted “Navy Reserve” for “Naval Reserve”.

   Enacted provision · exact public law section
   (EE) Section 12004(e)(2).

8. 2008

   Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

   Pub. L. 110–417 § 526(a) · 122 Stat. 4356

   Added · 10 U.S.C. § 12004(b)(4)

   Pub. L. 110–417, § 526(a), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 110–417, § 526(a), added par. (4).

   Enacted provision · exact public law section
   (a) Exclusion of army and Air Force Officers Serving in Joint Duty Assignments.— Subsection (b) of section 12004 of title 10, United States Code, is amended by adding at the end the following new paragraph; “(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).” .

9. 2008

   Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

   Pub. L. 110–417 § 526(b) · 122 Stat. 4356

   1. Added · 10 U.S.C. § 12004(c)

      Pub. L. 110–417, § 526(b), added par. (1)

   2. Redesignated · 10 U.S.C. § 12004(c)

      Pub. L. 110–417, § 526(b), 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:”

   Source evidence

   Code amendment note
   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:”.

   Enacted provision · exact public law section
   (b) Exclusion of Navy Officers Serving in Joint Duty Assignments.— Subsection (c) of such section is amended— (1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and (2) in paragraph (1), by striking “(1)” and all that follows through “as follows:” and inserting the following: “(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 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) Of the number of Navy reserve officers authorized by subsection (a), 40 are distributed among the line and staff corps as follows:” .

10. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 526(c) · 122 Stat. 4356

    Amended · 10 U.S.C. § 12004(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (c) Exclusion of Marine Corps Officers Serving in Joint Duty Assignments.— Subsection (d) of such section is amended to read as follows: “(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 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).” .

11. 2009

    National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 div. A title V § 502(h) · 123 Stat. 2190

    Added · 10 U.S.C. § 12004(f)

    Pub. L. 111–84 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 111–84 added subsec. (f).

    Enacted provision · exact public law section
    (h) Exclusion of Reserve Officers Departing From Joint or Other Active Duty Assignments.— Section 12004 of such title is amended by adding at the end the following new subsection: “(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.” .

12. 2011

    Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 div. A title V § 511 · 124 Stat. 4137

    1. Redesignated · 10 U.S.C. § 12004(c)(2)(5)

       Pub. L. 111–383 redesignated par. (4) as (2)

    2. Struck · 10 U.S.C. § 12004(c)(2)(5)

       Pub. L. 111–383 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)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    SEC. 511. REMOVAL OF STATUTORY DISTRIBUTION LIMITS ON NAVY RESERVE FLAG OFFICER ALLOCATION.   Section 12004(c) of title 10, United States Code, is amended— (1) by striking paragraphs (2), (3), and (5); and (2) by redesignating paragraph (4) as paragraph (2).

17 of 17 references resolved to an enrolled provision