
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 403]
[CITE: 10USC517]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                         CHAPTER 31--ENLISTMENTS
 
Sec. 517. Authorized daily average: members in pay grades E-8 
        and E-9
        
    (a) The authorized daily average number of enlisted members on 
active duty (other than for training) in an armed force in pay grades E-
8 and E-9 in a fiscal year may not be more than 2 percent (or, in the 
case of the Army, 2.5 percent) and 1 percent, respectively, of the 
number of enlisted members of that armed force who are on active duty 
(other than for training) on the first day of that fiscal year. In 
computing the limitations prescribed in the preceding sentence, there 
shall be excluded enlisted members of an armed force on active duty 
(other than for training) in connection with organizing, administering, 
recruiting, instructing, or training the reserve component of an armed 
force.
    (b) Whenever the number of members serving in pay grade E-9 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.

(Added Pub. L. 87-649, Sec. 2(1), Sept. 7, 1962, 76 Stat. 492; amended 
Pub. L. 96-584, Sec. 4, Dec. 23, 1980, 94 Stat. 3377; Pub. L. 97-86, 
title V, Sec. 503(1), (2), Dec. 1, 1981, 95 Stat. 1107, 1108; Pub. L. 
97-252, title V, Sec. 503(a), Sept. 8, 1982, 96 Stat. 727; Pub. L. 98-
94, title V, Sec. 503(a), Sept. 24, 1983, 97 Stat. 631; Pub. L. 98-525, 
title IV, Secs. 413(a), 414(a)(2), Oct. 19, 1984, 98 Stat. 2517, 2518; 
Pub. L. 99-145, title IV, Sec. 413(a), Nov. 8, 1985, 99 Stat. 619; Pub. 
L. 100-180, div. A, title IV, Sec. 413(a), Dec. 4, 1987, 101 Stat. 1083; 
Pub. L. 101-189, div. A, title IV, Sec. 413(a), Nov. 29, 1989, 103 Stat. 
1433; Pub. L. 102-190, div. A, title IV, Sec. 413(a), Dec. 5, 1991, 105 
Stat. 1352; Pub. L. 103-160, div. A, title IV, Sec. 413(a), Nov. 30, 
1993, 107 Stat. 1642; Pub. L. 103-337, div. A, title V, Sec. 552(a), 
title XVI, Sec. 1662(a)(4), Oct. 5, 1994, 108 Stat. 2772, 2988; Pub. L. 
105-261, div. A, title IV, Sec. 407(a), title X, Sec. 1069(a)(2), Oct. 
17, 1998, 112 Stat. 1996, 2135; Pub. L. 106-398, Sec. 1 [[div. A], title 
IV, Sec. 421(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-95.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
517...................................  37:232(c) (last sentence).           Oc
t. 12, 1949, ch. 681, Sec.
                                                                              2
01(c) (last sentence); added May
                                                                              2
0, 1958, Pub. L. 85-422, Sec.
                                                                              1
(3) (last sentence), 72 Stat.
                                                                              1
24.
-------------------------------------------------------------------------------
---------------------------------

                               Amendments

    2000--Subsec. (c). Pub. L. 106-398 added subsec. (c).
    1998--Subsec. (a). Pub. L. 105-261, Sec. 1069(a)(2), substituted 
``The authorized'' for ``Except as provided in section 307 of title 37, 
the authorized''.
    Pub. L. 105-261, Sec. 407(a), substituted ``a fiscal year'' for ``a 
calendar year'' and ``the first day of that fiscal year'' for ``January 
1 of that year''.
    1994--Subsec. (a). Pub. L. 103-337, Sec. 552(a), inserted ``(or, in 
the case of the Army, 2.5 percent)'' after ``may not be more than 2 
percent''.
    Subsec. (b). Pub. L. 103-337, Sec. 1661(a)(4)(B), redesignated 
subsec. (c) as (b) and struck out ``or whenever the number of members 
serving in pay grade E-9 for duty described in subsection (b) is less 
than the number authorized for that grade under subsection (b),'' after 
``under subsection (a),''.
    Pub. L. 103-337, Sec. 1662(a)(4)(A), struck out subsec. (b) which 
limited the number of enlisted members in pay grades E-8 and E-9 who 
could 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.
    Subsec. (c). Pub. L. 103-337, Sec. 1662(a)(4)(B), redesignated 
subsec. (c) as (b).
    1993--Subsec. (b). Pub. L. 103-160, in table, increased fiscal year 
limitation on number of enlisted men in pay grades E-8 and E-9 on active 
duty affecting reserve components of the Air Force to 328 and 840 from 
279 and 800, respectively.
    1991--Subsec. (b). Pub. L. 102-190, in table, increased fiscal year 
limitation on number of enlisted men in pay grade E-8 on active duty 
affecting reserve components of the Air Force from 670 to 800, and 
increased limitation on number of enlisted men in pay grade E-9 on 
active duty affecting reserve components of the Army from 557 to 569, 
the Air Force from 231 to 279, and the Marine Corps from 13 to 14.
    1989--Subsec. (b). Pub. L. 101-189, Sec. 413(a)(2), in table, 
increased fiscal year limitation on number of enlisted men in pay grades 
E-8 and E-9 on active duty affecting reserve components of the armed 
forces: Army, to 557 and 2,585 from 542 and 2,504, respectively; Navy, 
to 202 and 429 from 200 and 425, respectively; Air Force, to 231 and 670 
from 224 and 637, respectively. Marine Corps figures remained unchanged.
    Pub. L. 101-189, Sec. 413(a)(1), in table, increased fiscal year 
limitation on number of enlisted men in pay grades E-8 and E-9 on active 
duty affecting reserve components of the armed forces: Army, to 542 and 
2,504 from 529 and 2,350, respectively; Navy, to 200 and 425 from 180 
and 400, respectively; Air Force, to 224 and 637 from 150 and 425, 
respectively. Marine Corps figures remained unchanged.
    1987--Subsec. (b). Pub. L. 100-180, Sec. 413(a)(2), in table, 
increased fiscal year limitation on number of enlisted men in pay grades 
E-8 and E-9 on active duty affecting reserve components of the armed 
forces: Army, to 529 and 2,350 from 517 and 2,295, respectively; Navy, 
to 180 and 400 from 175 and 390, respectively; Air Force, to 150 and 425 
from 125 and 425, respectively. Marine Corps figures remained unchanged.
    Pub. L. 100-180, Sec. 413(a)(1), in table, increased fiscal year 
limitation on number of enlisted men in pay grades E-8 and E-9 on active 
duty affecting reserve components of the armed forces: Navy, to 175 and 
390 from 165 and 381, respectively; Air Force, to 125 and 425 from 80 
and 358, respectively; Marine Corps, to 13 and 74 from 9 and 74, 
respectively. Army figures remained unchanged.
    1985--Subsec. (b). Pub. L. 99-145 in table, changed fiscal year 
limitation on number of enlisted men in pay grades E-8 and E-9 on active 
duty affecting reserve components of the armed forces: Navy, to 165 and 
381 from 156 and 381, respectively; Air Force, to 80 and 358 from 87 and 
455, respectively. Army and Marine Corps figures remained unchanged.
    1984--Subsec. (b). Pub. L. 98-525, Sec. 414(a)(2), inserted ``(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)'' and 
substituted ``or the National Guard'' for ``of the armed forces'' and 
``for that grade and armed force'' for ``prescribed for the grade and 
the armed force''.
    Pub. L. 98-525, Sec. 413(a), in table, increased fiscal year 
limitation on number of enlisted men in pay grades E-8 and E-9 on active 
duty affecting reserve components of the armed forces: Army, to 2,295 
and 517 from 1,494 and 314; Air Force, to 455 and 87 from 617 and 143; 
Marine Corps, to 74 and 9 from 56 and 6. Navy figures remained 
unchanged.
    1983--Subsec. (b). Pub. L. 98-94 increased fiscal year limitation on 
number of enlisted men in pay grades E-8 and E-9 on active duty 
affecting reserve components of the armed forces: Army, to 1,494 and 314 
from 1,244 and 265; Navy, to 381 and 156 from 329 and 156; Air Force, to 
617 and 143 from 441 and 132; Marine Corps figures remained unchanged.
    1982--Subsec. (b). Pub. L. 97-252 increased the numbers in columns 
from 222, 146, 76, and 4 in the line for E-9 to 265, 156, 132, and 6, 
respectively, and from 908, 319, 307, and 12 in line for E-8 to 1,244, 
329, 441, and 56, respectively.
    1981--Subsec. (b). Pub. L. 97-86, Sec. 503(1), inserted column for 
``Marine Corps'' in table and increased numbers in existing columns 
headed ``Army'', ``Navy'', and ``Air Force'' from 209, 140, and 71 in 
line for E-9 to 222, 146, and 76, respectively, and from 823, 302, and 
302 in line for E-8 to 908, 319, and 307, respectively.
    Subsec. (c). Pub. L. 97-86, Sec. 503(2), added subsec. (c).
    1980--Pub. L. 96-584 designated existing provisions as subsec. (a), 
inserted provisions respecting computation of limitations, and added 
subsec. (b).


                    Effective Date of 1998 Amendment

    Pub. L. 105-261, div. A, title IV, Sec. 407(b), Oct. 17, 1998, 112 
Stat. 1996, provided that: ``The amendments made by subsection (a) 
[amending this section] shall take effect on October 1, 1999.''


                    Effective Date of 1994 Amendment

    Section 552(c) of Pub. L. 103-337 provided that: ``The amendment 
made by subsection (a) [amending this section] shall not apply with 
respect to the number of enlisted members of the Army on active duty in 
pay grade E-8 during 1994.''
    Amendment by section 1662(a)(4) of 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(a)(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(a)(2) of Pub. L. 100-180 provided that the amendment 
made by that section is effective Oct. 1, 1988.


                    Effective Date of 1985 Amendment

    Section 413(c) of Pub. L. 99-145 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 524 
[now 12011] of this title] shall take effect on October 1, 1985.''


                    Effective Date of 1984 Amendment

    Section 413(c) of Pub. L. 98-525 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 524 
[now 12011] of this title] shall take effect on October 1, 1984.''


                    Effective Date of 1983 Amendment

    Section 503(c) of Pub. L. 98-94 provided that: ``The amendments made 
by subsections (a) and (b) [amending this section and section 524 [now 
12011] of this title] shall take effect on October 1, 1983.''


                             Effective Date

    Section effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, 
set out as a note preceding section 101 of Title 37, Pay and Allowances 
of the Uniformed Services.


Authorized Active Duty Strengths for Army Enlisted Members in Pay Grade 
                       E-8; Special Rule for 1995

    Section 552(b) of Pub. L. 103-337 provided that: ``The percentage 
applicable to enlisted members of the Army in pay grade E-8 under 
section 517(a) of title 10, United States Code, during 1995 shall be 2.3 
percent (rather than the percentage provided by the amendment made by 
subsection (a) [amending this section]).''


      Authority To Waive Grade Strength Laws for Fiscal Year 1991; 
        Certification; Relationship to Other Suspension Authority

    Pub. L. 102-25, title II, Secs. 201(b), 202, 205(b), Apr. 6, 1991, 
105 Stat. 79, 80, authorized Secretary of a military department to 
suspend, for fiscal year 1991, the operation of any provision of this 
section and section 523, 524 (now 12011), 525, or 526 of this title with 
respect to that military department, that such Secretary may exercise 
such authority only after submission to the congressional defense 
committees of a certification in writing that such authority is 
necessary because of personnel actions associated with Operation Desert 
Storm, and that such authority is in addition to the authority provided 
in section 527 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 168 of this title.
