
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: 10USC12011]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
      CHAPTER 1201--AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE
 
Sec. 12011. Authorized strengths: reserve officers on active 
        duty or on full-time National Guard duty for administration of 
        the reserves or the National Guard
        
    (a) The number of reserve officers of the Army, Air Force, and 
Marine Corps who may be on active duty or full-time National Guard duty 
in each of the grades of major, lieutenant colonel, and colonel, and of 
the Navy who may be on active duty in each of the grades of lieutenant 
commander, commander, and captain, as of the end of any fiscal year for 
duty described in subclauses (B) and (C) of section 523(b)(1) of this 
title or full-time National Guard duty (other than for training) under 
section 502(f) of title 32 may not exceed the number for that grade and 
armed force in the following table:

------------------------------------------------------------------------
                                                          Air    Marine
                  Grade                    Army   Navy   Force    Corps
------------------------------------------------------------------------
Major or Lieutenant Commander...........  3,316  1,071     948       140
Lieutenant Colonel or Commander.........  1,759    520     852        90
Colonel or Navy Captain.................    529    188     317        30
------------------------------------------------------------------------

    (b) Whenever the number of officers serving in any grade is less 
than the number authorized for that grade under this section, the 
difference between the two numbers may be applied to increase the number 
authorized under this section for any lower grade.
    (c) Whenever under section 527 of this title the President may 
suspend the operation of any provision of section 523, 525, or 526 of 
this title, the Secretary of Defense may suspend the operation of any 
provision of this section. Any such suspension shall, if not sooner 
ended, end in the manner specified in section 527 for a suspension under 
that section.
    (d) Upon increasing under subsection (c)(2) of section 115 of this 
title the end strength that is authorized under subsection (a)(1)(B) of 
that section for a fiscal year for active-duty personnel and full-time 
National Guard duty personnel of an armed force who are to be paid from 
funds appropriated for reserve personnel, the Secretary of Defense may 
increase for that fiscal year the limitation that is set forth in 
subsection (a) of this section for the number of officers of that armed 
force serving in any grade if the Secretary determines that such action 
is in the national interest. The percent of the increase may not exceed 
the percent by which the Secretary increases that end strength.

(Added Pub. L. 96-513, title I, Sec. 103, Dec. 12, 1980, 94 Stat. 2844, 
Sec. 524; amended Pub. L. 97-86, title V, Sec. 503(b), Dec. 1, 1981, 95 
Stat. 1108; Pub. L. 97-252, title V, Sec. 503(b), Sept. 8, 1982, 96 
Stat. 727; Pub. L. 98-94, title V, Sec. 503(b), Sept. 24, 1983, 97 Stat. 
631; Pub. L. 98-525, title IV, Secs. 413(b), 414(a)(4)(A), (B)(i), Oct. 
19, 1984, 98 Stat. 2518, 2519; Pub. L. 99-145, title IV, Sec. 413(b), 
Nov. 8, 1985, 99 Stat. 619; Pub. L. 100-180, div. A, title IV, 
Sec. 413(b), Dec. 4, 1987, 101 Stat. 1083; Pub. L. 101-189, div. A, 
title IV, Sec. 413(b), Nov. 29, 1989, 103 Stat. 1433; Pub. L. 102-190, 
div. A, title IV, Sec. 413(b), Dec. 5, 1991, 105 Stat. 1352; Pub. L. 
103-160, div. A, title IV, Sec. 413(b), Nov. 30, 1993, 107 Stat. 1642; 
renumbered Sec. 12011 and amended Pub. L. 103-337, div. A, title XVI, 
Sec. 1662(a)(2), Oct. 5, 1994, 108 Stat. 2988; Pub. L. 104-106, div. A, 
title IV, Sec. 414(a), Feb. 10, 1996, 110 Stat. 288; Pub. L. 105-261, 
div. A, title IV, Sec. 414(a), Oct. 17, 1998, 112 Stat. 1998; Pub. L. 
106-65, div. A, title IV, Sec. 414(a), Oct. 5, 1999, 113 Stat. 586; Pub. 
L. 106-398, Sec. 1 [[div. A], title IV, Secs. 415(a), 421(b), 424(a)], 
Oct. 30, 2000, 114 Stat. 1654, 1654A-94 to 1654A-96.)


                               Amendments

    2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title IV, 
Sec. 415(a)], amended table generally, increasing the fiscal year 
limitation on number of reserve officers in the Army in grade of Major 
or Lieutenant Commander from 3,227 to 3,316, in grade of Lieutenant 
Colonel or Commander from 1,611 to 1,759, and in grade of Colonel or 
Navy Captain from 471 to 529, and in the Air Force in grade of Major or 
Lieutenant Commander from 860 to 948, in grade of Lieutenant Colonel or 
Commander from 777 to 852, and in grade of Colonel or Navy Captain from 
297 to 317.
    Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title IV, 
Sec. 421(b)], added subsec. (c).
    Subsec. (d). Pub. L. 106-398, Sec. 1 [[div. A], title IV, 
Sec. 424(a)], added subsec. (d).
    1999--Subsec. (a). Pub. L. 106-65 amended table generally, 
increasing the fiscal year limitation on number of reserve officers in 
the Army in grade of Major or Lieutenant Commander from 3,219 to 3,227, 
in grade of Lieutenant Colonel or Commander from 1,524 to 1,611, and in 
grade of Colonel or Navy Captain from 438 to 471, and in the Air Force 
in grade of Major or Lieutenant Commander from 791 to 860 and in grade 
of Lieutenant Colonel or Commander from 713 to 777.
    1998--Subsec. (a). Pub. L. 105-261, in table, increased fiscal year 
limitation on number of reserve officers in the Army in grade of Colonel 
or Navy Captain from 412 to 438 and in the Air Force in grade of Major 
or Lieutenant Commander from 643 to 791, in grade of Lieutenant Colonel 
or Commander from 672 to 713, and in grade of Colonel or Navy Captain 
from 274 to 297.
    1996--Subsec. (a). Pub. L. 104-106, in table, increased fiscal year 
limitation on number of reserve officers in the Army in grade of Colonel 
or Navy Captain from 372 to 412, in the Air Force in grade of Major or 
Lieutenant Commander from 575 to 643 and in grade of Lieutenant Colonel 
or Commander from 636 to 672, and in the Marine Corps in grade of Major 
or Lieutenant Commander from 110 to 140, in grade of Lieutenant Colonel 
or Commander from 75 to 90, and in grade of Colonel or Navy Captain from 
25 to 30. All other figures remained unchanged.
    1994--Pub. L. 103-337 renumbered section 524 of this title as this 
section and amended section catchline generally striking out at end ``in 
grades of major, lieutenant colonel, and colonel and Navy grades of 
lieutenant commander, commander, and captain''.
    1993--Subsec. (a). Pub. L. 103-160, in table, increased fiscal year 
limitation on number of reserve officers in the Air Force in grade of 
Lieutenant Colonel or Commander from 595 to 636 and in grade of Colonel 
or Navy Captain from 227 to 274. Army, Navy, and Marine Corps figures 
remained unchanged.
    1991--Subsec. (a). Pub. L. 102-190, in table, increased fiscal year 
limitation on number of reserve officers in the Army in grade of Colonel 
or Navy Captain from 364 to 372, and increased such limitation on number 
of reserve officers in the Air Force in grade of Lieutenant Colonel or 
Commander from 532 to 595 and in grade of Colonel or Navy Captain from 
194 to 227. Navy and Marine Corps figures remained unchanged.
    1989--Subsec. (a). Pub. L. 101-189, Sec. 413(b)(2), in table, 
increased fiscal year limitation on number of reserve officers in grade 
of Major or Lieutenant Commander, Lieutenant Colonel or Commander, and 
Colonel or Navy Captain who may be on active duty to, respectively: 
Army, to 3,219, 1,524, and 364 from 3,030, 1,448, and 351; Navy, to 
1,071, 520, and 188 from 1,065, 520, and 188; Air Force, to 575, 532, 
and 194 from 575, 476, and 190. Marine Corps figures remained unchanged.
    Pub. L. 101-189, Sec. 413(b)(1), in table, increased fiscal year 
limitation on number of reserve officers in grade of Major or Lieutenant 
Commander, Lieutenant Colonel or Commander, and Colonel or Navy Captain 
who may be on active duty to, respectively: Army, to 3,030, 1,448, and 
351 from 2,600, 1,250, and 348; Navy, to 1,065, 520, and 188 from 875, 
520, and 185; Air Force, to 575, 476, and 190 from 575, 322, and 190. 
Marine Corps figures remained unchanged.
    1987--Subsec. (a). Pub. L. 100-180, Sec. 413(b)(2), in table, 
increased fiscal year limitation on number of reserve officers in grade 
of Major or Lieutenant Commander, Lieutenant Colonel or Commander, and 
Colonel or Navy Captain who may be on active duty to, respectively: 
Army, to 2,600, 1,250, and 348 from 2,550, 1,152, and 348; Navy, to 875, 
520, and 185 from 850, 520, and 185; Air Force, to 575, 322, and 190 
from 575, 322, and 184; and Marine Corps, to 110, 75, and 25 from 105, 
70, and 25.
    Pub. L. 100-180, Sec. 413(b)(1), in table, changed fiscal year 
limitation on number of reserve officers in grade of Major or Lieutenant 
Commander, Lieutenant Colonel or Commander, and Colonel or Navy Captain 
who may be on active duty to, respectively: Army, to 2,550, 1,152, and 
348 from 2,317, 1,152, and 348; Navy, to 850, 520, and 185 from 850, 
520, and 177; Air Force, to 575, 322, and 184 from 476, 318, and 189; 
and Marine Corps, to 105, 70, and 25 from 100, 60, and 25.
    1985--Subsec. (a). Pub. L. 99-145 increased fiscal year limitation 
on number of reserve officers in grade of Major or Lieutenant Commander, 
Lieutenant Colonel or Commander, and Colonel or Navy Captain who may be 
on active duty to, respectively: Army, to 2,317, 1,152, and 348 from 
2,261, 1,121, and 345; Navy, to 850, 520, and 177 from 823, 520, and 
177; Air Force, to 476, 318, and 189, from 471, 293, and 172; and Marine 
Corps, to 100, 60, and 25 from 100, 50, and 25.
    1984--Pub. L. 98-525, Sec. 414(a)(4)(B)(i), inserted references to 
National Guard and to full-time National Guard duty in section 
catchline.
    Subsec. (a). Pub. L. 98-525, Sec. 414(a)(4)(A), inserted ``or full-
time National Guard duty'' after ``Marine Corps who may be on active 
duty'' and inserted ``or full-time National Guard duty (other than for 
training) under section 502(f) of title 32''.
    Pub. L. 98-525, Sec. 413(b), increased fiscal year limitation on 
number of reserve officers in grade of major or lieutenant commander, 
lieutenant colonel or commander, and colonel or Navy captain who may be 
on active duty to, respectively: Army, to 2,261, 1,121, and 345 from 
1,948, 967, and 338; Air Force, to 471, 293, and 172 from 408, 303, and 
171; Marine Corps, to 100, 50, and 25 from 95, 48, and 23. Figures for 
the Navy remained unchanged.
    1983--Subsec. (a). Pub. L. 98-94 increased fiscal year limitation on 
number of reserve officers in grade major or lieutenant commander; 
lieutenant colonel or commander; and colonel or Navy captain who may be 
on active duty to, respectively: Army, to 1,948, 967, and 338 from 
1,351, 671, and 234; Navy, to 823, 520, and 177 from 823, 425, and 177; 
Air Force, to 408, 303, and 171 from 281, 267, and 170; Marine Corps, to 
95, 48, and 23 from 95, 40, and 21.
    1982--Subsec. (a). Pub. L. 97-252 increased numbers in columns 
headed ``Army'', ``Air Force'', and ``Marine Corps'' from 1,105, 189, 
and 51 in line for major or lieutenant commander to 1,351, 281, and 95, 
respectively, from 551, 194, and 35 in line for lieutenant colonel or 
commander to 671, 267, and 40, respectively, and from 171, 147, and 19 
in line for colonel or Navy captain to 234, 170, and 21, respectively.
    1981--Subsec. (a). Pub. L. 97-86 increased numbers in columns headed 
``Army'' and ``Air Force'' from 821 and 170 in line for major or 
lieutenant commander to 1,105 and 189, respectively, from 503 and 183 in 
line for lieutenant colonel or commander to 551 and 194, respectively, 
and from 163 and 146 in line for colonel or Navy captain to 171 and 147, 
respectively.


                    Effective Date of 2000 Amendment

    Pub. L. 106-398, Sec. 1 [[div. A], title IV, Sec. 415(c)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-94, provided that: ``The amendments made by 
this section [amending this section and section 12012 of this title] 
shall take effect on October 1, 2000.''


                    Effective Date of 1998 Amendment

    Pub. L. 105-261, div. A, title IV, Sec. 414(c), Oct. 17, 1998, 112 
Stat. 1998, provided that: ``The amendments made by this section 
[amending this section and section 12012 of this title] shall take 
efffect [sic] on October 1, 1998.''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of this title.


                    Effective Date of 1989 Amendment

    Section 413(b)(2) of Pub. L. 101-189 provided that the amendment 
made by that section is effective Oct. 1, 1990.


                    Effective Date of 1987 Amendment

    Section 413(b)(2) of Pub. L. 100-180 provided that the amendment 
made by that section is effective Oct. 1, 1988.


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-145 effective Oct. 1, 1985, see section 
413(c) of Pub. L. 99-145, set out as a note under section 517 of this 
title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-525 effective Oct. 1, 1984, see section 
413(c) of Pub. L. 98-525, set out as a note under section 517 of this 
title.


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-94 effective Oct. 1, 1983, see section 
503(c) of Pub. L. 98-94, set out as a note under section 517 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 14304, 14311 of this title; 
title 32 section 112.
