
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: 10USC12012]

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

------------------------------------------------------------------------
                                                                 Marine
            Grade                Army       Navy    Air Force    Corps
------------------------------------------------------------------------
E-9.........................      764       202        502         20
E-8.........................    2,821       429       1,117        94
------------------------------------------------------------------------

    (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.
    (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 enlisted members 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. 103-337, div. A, title XVI, Sec. 1662(a)(1), Oct. 5, 
1994, 108 Stat. 2987; amended Pub. L. 104-106, div. A, title IV, 
Sec. 414(b), title XV, Sec. 1501(b)(10), Feb. 10, 1996, 110 Stat. 288, 
496; Pub. L. 105-261, div. A, title IV, Sec. 414(b), Oct. 17, 1998, 112 
Stat. 1998; Pub. L. 106-65, div. A, title IV, Sec. 414(b), Oct. 5, 1999, 
113 Stat. 586; Pub. L. 106-398, Sec. 1 [[div. A], title IV, 
Secs. 415(b), 421(c), 424(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-94 
to 1654A-96.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 517(b), (c) of this title, prior to amendment by Pub. L. 103-
337, Sec. 1662(a)(4).


                               Amendments

    2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title IV, 
Sec. 415(b)], amended table generally, increasing the fiscal year 
limitation on number of enlisted members in the Army in grade of E-9 
from 645 to 764 and in grade of E-8 from 2,593 to 2,821, and in the Air 
Force in grade of E-9 from 405 to 502 and in grade of E-8 from 1,041 to 
1,117.
    Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title IV, 
Sec. 421(c)], added subsec. (c).
    Subsec. (d). Pub. L. 106-398, Sec. 1 [[div. A], title IV, 
Sec. 424(b)], added subsec. (d).
    1999--Subsec. (a). Pub. L. 106-65 amended table generally, 
increasing the fiscal year limitation on number of enlisted members in 
the Army in grade of E-9 from 623 to 645 and in grade of E-8 from 2,585 
to 2,593, and in the Air Force in grade of E-9 from 395 to 405 and in 
grade of E-8 from 997 to 1,041.
    1998--Subsec. (a). Pub. L. 105-261, in table, in grade E-9 increased 
figure for Army from 603 to 623 and for Air Force from 366 to 395, and 
in grade E-8 increased figure for Air Force from 890 to 997.
    1996--Pub. L. 104-106, Sec. 1501(b)(10), substituted ``the 
National'' for ``National'' in section catchline.
    Subsec. (a). Pub. L. 104-106, Sec. 414(b), in table, in grade E-9, 
increased figure for Army from 569 to 603, for Air Force from 328 to 
366, and for Marine Corps from 14 to 20, and in grade E-8, increased 
figure for Air Force from 840 to 890 and for Marine Corps from 74 to 94. 
All other figures remained unchanged.


                    Effective Date of 2000 Amendment

    Amendment by section 1 [[div. A], title IV, Sec. 415(b)] of Pub. L. 
106-398 effective Oct. 1, 2000, see section 1 [[div. A], title IV, 
Sec. 415(c)] of Pub. L. 106-398, set out as a note under section 12011 
of this title.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-261 effective Oct. 1, 1998, see section 
414(c) of Pub. L. 105-261, set out as a note under section 12011 of this 
title.


                    Effective Date of 1996 Amendment

    Amendment by section 1501(b)(10) of 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 title 32 section 112.
