
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 411,]
[Document affected by Public Law 107-107 Section 411,]
[CITE: 10USC12001]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
      CHAPTER 1201--AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE
 
Sec. 12001. Authorized strengths: reserve components

    (a) Whenever the authorized strength of a reserve component (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.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(a)(1), Oct. 5, 
1994, 108 Stat. 2983.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 3221, 3224, 5413, 5456, 8221, and 8224 of this title, prior to 
repeal by Pub. L. 103-337, Sec. 1662(a)(3).


                             Effective Date

    Chapter effective Dec. 1, 1994, except as otherwise provided, see 
section 1691 of Pub. L. 103-337, set out as a note under section 10001 
of this title.


 End Strengths for Selected Reserve and for Reserves on Active Duty in 
                           Support of Reserves

    Pub. L. 106-398, Sec. 1 [[div. A], title IV, Secs. 411, 412], Oct. 
30, 2000, 114 Stat. 1654, 1654A-93, provided that:
``SEC. 411. End Strengths for Selected Reserve
    ``(a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of September 30, 
2001, as follows:
        ``(1) The Army National Guard of the United States, 350,526.
        ``(2) The Army Reserve, 205,300.
        ``(3) The Naval Reserve, 88,900.
        ``(4) The Marine Corps Reserve, 39,558.
        ``(5) The Air National Guard of the United States, 108,022.
        ``(6) The Air Force Reserve, 74,358.
        ``(7) The Coast Guard Reserve, 8,000.
    ``(b) Adjustments.--The end strengths prescribed by subsection (a) 
for the Selected Reserve of any reserve component shall be 
proportionately reduced by--
        ``(1) the total authorized strength of units organized to serve 
    as units of the Selected Reserve of such component which are on 
    active duty (other than for training) at the end of the fiscal year; 
    and
        ``(2) the total number of individual members not in units 
    organized to serve as units of the Selected Reserve of such 
    component who are on active duty (other than for training or for 
    unsatisfactory participation in training) without their consent at 
    the end of the fiscal year.
Whenever such units or such individual members are released from active 
duty during any fiscal year, the end strength prescribed for such fiscal 
year for the Selected Reserve of such reserve component shall be 
proportionately increased by the total authorized strengths of such 
units and by the total number of such individual members.
``SEC. 412. End Strengths for Reserves on Active Duty in Support of the 
        Reserves
    ``Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 2001, 
the following number of Reserves to be serving on full-time active duty 
or full-time duty, in the case of members of the National Guard, for the 
purpose of organizing, administering, recruiting, instructing, or 
training the reserve components:
        ``(1) The Army National Guard of the United States, 22,974.
        ``(2) The Army Reserve, 13,106.
        ``(3) The Naval Reserve, 14,649.
        ``(4) The Marine Corps Reserve, 2,261.
        ``(5) The Air National Guard of the United States, 11,170.
        ``(6) The Air Force Reserve, 1,336.''
    Similar provisions were contained in the following prior 
authorization acts:
    Pub. L. 106-65, div. A, title IV, Secs. 411, 412, Oct. 5, 1999, 113 
Stat. 585, 586.
    Pub. L. 105-261, div. A, title IV, Secs. 411, 412, Oct. 17, 1998, 
112 Stat. 1997.
    Pub. L. 105-85, div. A, title IV, Secs. 411, 412, Nov. 18, 1997, 111 
Stat. 1719, 1720.
    Pub. L. 104-201, div. A, title IV, Secs. 411, 412, Sept. 23, 1996, 
110 Stat. 2506, 2507.
    Pub. L. 104-106, div. A, title IV, Secs. 411, 412, Feb. 10, 1996, 
110 Stat. 287, 288.
    Pub. L. 103-337, div. A, title IV, Secs. 411, 412, Oct. 5, 1994, 108 
Stat. 2746.
    Pub. L. 103-160, div. A, title IV, Secs. 411, 412, Nov. 30, 1993, 
107 Stat. 1641, 1642.
    Pub. L. 102-484, div. A, title IV, Secs. 411, 412, Oct. 23, 1992, 
106 Stat. 2399.
    Pub. L. 102-190, div. A, title IV, Secs. 411, 412, Dec. 5, 1991, 105 
Stat. 1351.
    Pub. L. 101-510, div. A, title IV, Secs. 411(a)-(c), 412, Nov. 5, 
1990, 104 Stat. 1546, 1547; Pub. L. 102-25, title II, Secs. 201(a), 202, 
205(a), Apr. 6, 1991, 105 Stat. 79, 80; Pub. L. 102-190, div. A, title 
IV, Sec. 414(e), Dec. 5, 1991, 105 Stat. 1353; Pub. L. 103-160, div. A, 
title V, Sec. 513, Nov. 30, 1993, 107 Stat. 1649.
    Pub. L. 101-189, div. A, title IV, Secs. 411, 412, Nov. 29, 1989, 
103 Stat. 1432, as amended by Pub. L. 101-510, div. A, title IV, 
Sec. 411(d), Nov. 5, 1990, 104 Stat. 1547.
    Pub. L. 100-456, div. A, title IV, Secs. 411(a), 412, Sept. 29, 
1988, 102 Stat. 1964.
    Pub. L. 100-180, div. A, title IV, Secs. 411, 412, Dec. 4, 1987, 101 
Stat. 1082, 1083, as amended by Pub. L. 100-456, div. A, title IV, 
Sec. 411(b), Sept. 29, 1988, 102 Stat. 1964.
    Pub. L. 99-661, div. A, title IV, Secs. 411(a)-(c), 412(a), Nov. 14, 
1986, 100 Stat. 3860, 3861.
    Pub. L. 99-145, title IV, Secs. 411, 412, Nov. 8, 1985, 99 Stat. 
618, 619.
    Pub. L. 98-525, title IV, Secs. 411, 412, Oct. 19, 1984, 98 Stat. 
2516, 2517.
    Pub. L. 98-94, title V, Secs. 501, 502, Sept. 24, 1983, 97 Stat. 
630, 631.
    Pub. L. 97-252, title V, Secs. 501, 502, Sept. 8, 1982, 96 Stat. 
726, as amended by Pub. L. 98-94, title V, Sec. 504(a), Sept. 24, 1983, 
97 Stat. 631.
    Pub. L. 97-86, title V, Secs. 501, 502, Dec. 1, 1981, 95 Stat. 1107.
    Pub. L. 96-342, title IV, Sec. 401, Sept. 8, 1980, 94 Stat. 1084.
    Pub. L. 96-107, title IV, Sec. 401, Nov. 9, 1979, 93 Stat. 807.
    Pub. L. 95-485, title IV, Sec. 401, Oct. 20, 1978, 92 Stat. 1613.
    Pub. L. 95-79, title IV, Sec. 401, July 30, 1977, 91 Stat. 327.
    Pub. L. 94-361, title IV, Sec. 401, July 14, 1976, 90 Stat. 926.
    Pub. L. 94-106, title IV, Sec. 401, Oct. 7, 1975, 89 Stat. 532.
    Pub. L. 93-365, title IV, Secs. 401, 402, Aug. 5, 1974, 88 Stat. 
402, 403.
    Pub. L. 93-155, title IV, Secs. 401, 402, Nov. 16, 1973, 87 Stat. 
608.
    Pub. L. 92-436, title IV, Secs. 401, 402, Sept. 26, 1972, 86 Stat. 
736.
    Pub. L. 92-156, title III, Secs. 301, 302, Nov. 17, 1971, 85 Stat. 
425.
    Pub. L. 91-441, title III, Secs. 301, 302, Oct. 7, 1970, 84 Stat. 
908.
    Pub. L. 91-121, title III, Secs. 301, 302, Nov. 19, 1969, 83 Stat. 
206.
    Pub. L. 90-500, title III, Secs. 301, 302, Sept. 20, 1968, 82 Stat. 
850.


                    Reserve Component Force Structure

    Pub. L. 102-484, div. A, title IV, Sec. 413, Oct. 23, 1992, 106 
Stat. 2400, provided that:
    ``(a) Requirement To Prescribe Reserve Component Force Structure.--
The Secretary of each military department shall prescribe a force 
structure allowance for each reserve component under the jurisdiction of 
the Secretary. Each such force structure allowance for a reserve 
component--
        ``(1) shall be consistent with, but in no case include a number 
    of personnel spaces that is less than, the authorized end strength 
    for that component; and
        ``(2) shall be prescribed in accordance with historic service 
    policies.
    ``(b) Definition.--For purposes of this section, the term `force 
structure allowance' means the number and types of units and 
organizations, and the number of authorized personnel spaces allocated 
to those units and organizations, in a military force.''


Limitation on Reduction in Number of Reserve Component Medical Personnel

    Pub. L. 102-484, div. A, title V, Sec. 518, Oct. 23, 1992, 106 Stat. 
2407, as amended by Pub. L. 103-337, div. A, title VII, Sec. 716, Oct. 
5, 1994, 108 Stat. 2803, prohibited Secretary of Defense from reducing 
number of medical personnel in any reserve component below number of 
such personnel in that component on Sept. 30, 1992, unless Secretary 
certified to Congress that number of such personnel to be reduced in 
particular military department was excess to current and projected needs 
for personnel in Selected Reserve of that department, and required that 
assessment of such needs be consistent with wartime requirements for 
Selected Reserve personnel identified in final report on comprehensive 
study of military medical care system prepared pursuant to section 733 
of Pub. L. 102-190, formerly set out as a note under section 1071 of 
this title, prior to repeal by Pub. L. 104-106, div. A, title V, 
Sec. 564(d)(3), Feb. 10, 1996, 110 Stat. 327.


            Program for Active Component Support of Reserves

    Pub. L. 103-160, div. A, title V, Sec. 517(b), Nov. 30, 1993, 107 
Stat. 1651, provided that:
    ``(1) The Secretary of the Army shall include in the annual report 
of the Secretary to Congress known as the Army Posture Statement a 
presentation relating to the implementation of the Pilot Program for 
Active Component Support of the Reserves under section 414 of the 
National Defense Authorization Act for Fiscal Years 1992 and 1993 
(Public Law 102-190; 10 U.S.C. 261 note [now set out below]), as amended 
by subsection (a).
    ``(2) Each such presentation shall include, with respect to the 
period covered by the report, the following information:
        ``(A) The promotion rate for officers considered for promotion 
    from within the promotion zone who are serving as active component 
    advisers to units of the Selected Reserve of the Ready Reserve (in 
    accordance with that program) compared with the promotion rate for 
    other officers considered for promotion from within the promotion 
    zone in the same pay grade and the same competitive category, shown 
    for all officers of the Army.
        ``(B) The promotion rate for officers considered for promotion 
    from below the promotion zone who are serving as active component 
    advisers to units of the Selected Reserve of the Ready Reserve (in 
    accordance with that program) compared in the same manner as 
    specified in subparagraph (A).''
    Pub. L. 102-190, div. A, title IV, Sec. 414(a)-(d), Dec. 5, 1991, 
105 Stat. 1352, 1353, as amended by Pub. L. 102-484, div. A, title V, 
Sec. 511(b), title XI, Sec. 1132, Oct. 23, 1992, 106 Stat. 2405, 2541; 
Pub. L. 103-160, div. A, title V, Sec. 517(a), Nov. 30, 1993, 107 Stat. 
1650; Pub. L. 103-337, div. A, title IV, Sec. 413, Oct. 5, 1994, 108 
Stat. 2747; Pub. L. 104-106, div. A, title IV, Sec. 413, Feb. 10, 1996, 
110 Stat. 288; Pub. L. 104-201, div. A, title V, Sec. 545(b), Sept. 23, 
1996, 110 Stat. 2524; Pub. L. 106-65, div. A, title X, Sec. 1066(d)(2), 
Oct. 5, 1999, 113 Stat. 773, provided that:
    ``(a) Program Required.--The Secretary of the Army shall carry out a 
program to provide active component advisers to combat units, combat 
support units, and combat service support units in the Selected Reserve 
of the Ready Reserve that have a high priority for deployment on a time-
phased troop deployment list or have another contingent high priority 
for deployment. The advisers shall be assigned to full-time duty in 
connection with organizing, administering, recruiting, instructing, or 
training such units.
    ``(b) Objectives of Program.--The objectives of the program are as 
follows:
        ``(1) To improve the readiness of units in the reserve 
    components of the Army.
        ``(2) To increase substantially the number of active component 
    personnel directly advising reserve component unit personnel.
        ``(3) To provide a basis for determining the most effective mix 
    of reserve component personnel and active component personnel in 
    organizing, administering, recruiting, instructing, or training 
    reserve component units.
        ``(4) To provide a basis for determining the most effective mix 
    of active component officer and enlisted personnel in advising 
    reserve component units regarding organizing, administering, 
    recruiting, instructing, or training reserve component units.
    ``(c) Personnel To Be Assigned.--(1) The Secretary shall assign not 
less than 5,000 active component personnel to serve as advisers under 
the program.
    ``(2) The Secretary of Defense may count toward the number of active 
component personnel required under paragraph (1) to be assigned to serve 
as advisers under the program under this section any active component 
personnel who are assigned to an active component unit (A) that was 
established principally for the purpose of providing dedicated training 
support to reserve component units, and (B) the primary mission of which 
is to provide such dedicated training support.
    ``(d) Action on the Basis of Program Results.--Based on the 
experience under the pilot program, the Secretary of the Army shall by 
April 1, 1993, submit to the Committees on Armed Services of the Senate 
and House of Representatives a report containing the Secretary's 
evaluation of the program to that date. As part of the budget submission 
for fiscal year 1995, the Secretary shall submit any recommendations for 
expansion or modification of the program, together with a proposal for 
any statutory changes that the Secretary considers necessary to 
implement the program on a permanent basis. In no case may the number of 
active duty personnel assigned to the program decrease below the number 
specified for the pilot program.''


                        Reserve Forces Readiness

    Pub. L. 98-525, title V, Sec. 552(a)-(e), (g), Oct. 19, 1984, 98 
Stat. 2530, as amended by Pub. L. 103-337, div. A, title XVI, 
Sec. 1661(a)(3)(B), Oct. 5, 1994, 108 Stat. 2980, provided that:
    ``(a)(1) The Secretary of Defense shall conduct a review of the 
various systems used to measure the readiness of reserve units of the 
Armed Forces and shall implement a measurement system for the active and 
reserve components of the Armed Forces to provide an objective and 
uniform evaluation of the readiness of all units of the Armed Forces. 
The measurement system should be designed to produce information 
adequate to provide comparisons concerning the readiness of all units. 
The system for evaluation of the readiness of a unit of an active 
component should incorporate the performance of any unit of a reserve 
component affiliated with the active component unit, including the 
effect of the reserve component unit on the mobilization capability of 
the active component unit.
    ``(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 results of the review under paragraph (1) 
and the measurement system implemented in accordance with that 
paragraph.
    ``(b)(1) The Secretary of Defense, acting through the Assistant 
Secretary of Defense for Reserve Affairs, shall conduct a study to 
evaluate the feasibility of allocating equipment to units of reserve 
components based on a measure of effectiveness of such units. The study 
should consider the effects of allocating equipment by comparing units 
with similar deployment times and similar capabilities in terms of 
training and equipment rather than by comparing all reserve component 
units with each other. The study should be integrated with an evaluation 
of the system for measuring unit effectiveness to be implemented in 
accordance with subsection (a).
    ``(2) As part of the report under subsection (a)(2), the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report on the study carried out 
under paragraph (1).
    ``(c) It is the sense of Congress that the number of members of the 
Army Reserve and of the Army National Guard assigned to full-time 
manning duty should be increased to 14 percent of the total membership 
of the Army Reserve and of the Army National Guard, respectively, by 
fiscal year 1989.
    ``(d)(1)(A) The Secretary of Defense, acting through the Assistant 
Secretary of Defense for Reserve Affairs, shall conduct a study of the 
benefits of a longer training program for certain units of the reserve 
components and shall conduct a test of such a program. The test program 
should begin at the earliest realistic date.
    ``(B) In developing training programs for the reserve components, 
the Secretary shall give increased attention to innovative training 
technologies, techniques, and schedules that recognize the limitations 
on time and the geographic dispersion of the reserve components.
    ``(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, 
Sec. 1661(a)(3)(B), Oct. 5, 1994, 108 Stat. 2980.]
    ``(g) This section does not apply to the Coast Guard.''
