
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12004]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
      CHAPTER 1201--AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE
 
Sec. 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 
            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 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 Department staff corps......                       9
            Chaplain Corps......................                       1
            Judge Advocate General's 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.
    (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.
    (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.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(a)(1), Oct. 5, 
1994, 108 Stat. 2984; amended Pub. L. 104-106, div. A, title XV, 
Sec. 1501(b)(9), Feb. 10, 1996, 110 Stat. 496; Pub. L. 105-261, div. A, 
title IV, Sec. 415, Oct. 17, 1998, 112 Stat. 1998.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 3218, 5457(a), 5458(a), and 8218 of this title, prior to repeal 
by Pub. L. 103-337, Sec. 1662(a)(3).


                               Amendments

    1998--Subsec. (c)(1). Pub. L. 105-261, Sec. 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, Sec. 415(2), added par. (4).
    1996--Subsec. (a). Pub. L. 104-106 substituted ``active status, 
are'' for ``active-status, are''.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 10214, 12005, 12006 of this 
title.
