10 U.S.C. § 12011 (ARMED FORCES)
§ 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) Limitations.—
(1) Of the total number of members of a reserve component who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members who may be serving in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table:
Total number of members of a reserve component serving on full-time reserve component duty:
Number of officers of that reserve component who may be serving in the grade of:
Major
Lieutenant Colonel
Colonel
Army Reserve:
10,000
1,390
740
230
11,000
1,529
803
242
12,000
1,668
864
252
13,000
1,804
924
262
14,000
1,940
984
272
15,000
2,075
1,044
282
16,000
2,210
1,104
291
17,000
2,345
1,164
300
18,000
2,479
1,223
309
19,000
2,613
1,282
318
20,000
2,747
1,341
327
21,000
2,877
1,400
336
Army National Guard:
20,000
1,500
850
325
22,000
1,650
930
350
24,000
1,790
1,010
378
26,000
1,930
1,085
395
28,000
2,070
1,168
420
30,000
2,200
1,245
445
32,000
2,330
1,315
460
34,000
2,450
1,385
470
36,000
2,570
1,455
480
38,000
2,670
1,527
490
40,000
2,770
1,590
500
42,000
2,837
1,655
505
Marine Corps Reserve:
1,000
99
63
20
1,200
103
67
21
1,300
107
70
22
1,400
111
73
23
1,500
114
76
24
1,600
117
79
25
1,700
120
82
26
1,800
123
85
27
1,900
126
88
28
2,000
129
91
29
2,100
132
94
30
2,200
134
97
31
2,300
136
100
32
2,400
138
103
33
2,500
140
106
34
2,600
142
109
35
Air Force Reserve:
500
83
85
50
1,000
155
165
95
1,500
220
240
135
2,000
285
310
170
2,500
350
369
203
3,000
413
420
220
3,500
473
464
230
4,000
530
500
240
4,500
585
529
247
5,000
638
550
254
5,500
688
565
261
6,000
735
575
268
7,000
770
595
280
8,000
805
615
290
10,000
835
635
300
Air National Guard:
5,000
333
335
251
6,000
403
394
260
7,000
472
453
269
8,000
539
512
278
9,000
606
571
287
10,000
673
665
313
11,000
740
759
339
12,000
807
827
353
13,000
873
886
363
14,000
939
945
374
15,000
1,005
1,001
384
16,000
1,067
1,057
394
17,000
1,126
1,113
404
18,000
1,185
1,169
414
19,000
1,235
1,224
424
20,000
1,283
1,280
428
(2) Of the total number of members of the Navy Reserve who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members who may be serving in each of the grades of lieutenant commander, commander, and captain may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table:
Total number of members of Navy Reserve serving on full-time reserve component duty:
Number of officers who may be serving in the grade of:
Lieutenant commander
Commander
Captain
10,000
807
447
141
11,000
867
467
153
12,000
924
485
163
13,000
980
503
173
14,000
1,035
521
183
15,000
1,088
538
193
16,000
1,142
555
203
17,000
1,195
565
213
18,000
1,246
575
223
19,000
1,291
585
233
20,000
1,334
595
242
21,000
1,364
603
250
22,000
1,384
610
258
23,000
1,400
615
265
24,000
1,410
620
270.
(b) Determinations by Interpolation.—
If the total number of members of a reserve component serving on full-time reserve component duty is between any two consecutive numbers in the first column of the appropriate table in paragraph (1) or (2) of subsection (a), the corresponding authorized strengths for each of the grades shown in that table for that component are determined by mathematical interpolation between the respective numbers of the two strengths. If the total number of members of a reserve component serving on full-time reserve component duty is more or less than the highest or lowest number, respectively, set forth in the first column of the appropriate table in paragraph (1) or (2) of subsection (a), the Secretary concerned shall fix the corresponding strengths for the grades shown in that table at the same proportion as is reflected in the nearest limit shown in the table.
(c) Reallocations to Lower Grades.—
Whenever the number of officers serving in any grade for duty described in subsection (a) 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.
(d) Secretarial Waiver.—
(1) Upon determining that it is in the national interest to do so, the Secretary of Defense may increase for a particular fiscal year the number of reserve officers that may be on full-time reserve component duty for a reserve component in a grade referred to in a table in subsection (a) by a number that does not exceed the number equal to 5 percent of the maximum number specified for the grade in that table.
(2) Whenever the Secretary exercises the authority provided in paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives notice in writing of the adjustment made.
(e) Full-Time Reserve Component Duty Defined.—
In this section, the term “full-time reserve component duty” means the following duty:
(1) Active duty described in sections 10211, 10302, 10303, 10304, 10305, 12310, or 12402 of this title.
(2) Full-time National Guard duty (other than for training) under section 502(f) of title 32, except for duty under section 115(b)(1)(B) and (C) of this title and section 115(i)(9) of this title.
(3) Active duty described in section 708 of title 32.
(Added Pub. L. 96–513, title I, § 103, Dec. 12, 1980, 94 Stat. 2844, § 524; amended Pub. L. 97–86, title V, § 503(b), Dec. 1, 1981, 95 Stat. 1108; Pub. L. 97–252, title V, § 503(b), Sept. 8, 1982, 96 Stat. 727; Pub. L. 98–94, title V, § 503(b), Sept. 24, 1983, 97 Stat. 631; Pub. L. 98–525, title IV, §§ 413(b), 414(a)(4)(A), (B)(i), Oct. 19, 1984, 98 Stat. 2518, 2519; Pub. L. 99–145, title IV, § 413(b), Nov. 8, 1985, 99 Stat. 619; Pub. L. 100–180, div. A, title IV, § 413(b), Dec. 4, 1987, 101 Stat. 1083; Pub. L. 101–189, div. A, title IV, § 413(b), Nov. 29, 1989, 103 Stat. 1433; Pub. L. 102–190, div. A, title IV, § 413(b), Dec. 5, 1991, 105 Stat. 1352; Pub. L. 103–160, div. A, title IV, § 413(b), Nov. 30, 1993, 107 Stat. 1642; renumbered § 12011 and amended Pub. L. 103–337, div. A, title XVI, § 1662(a)(2), Oct. 5, 1994, 108 Stat. 2988; Pub. L. 104–106, div. A, title IV, § 414(a), Feb. 10, 1996, 110 Stat. 288; Pub. L. 105–261, div. A, title IV, § 414(a), Oct. 17, 1998, 112 Stat. 1998; Pub. L. 106–65, div. A, title IV, § 414(a), Oct. 5, 1999, 113 Stat. 586; Pub. L. 106–398, § 1 [[div. A], title IV, §§ 415(a), 421(b), 424(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–94 to 1654A–96; Pub. L. 107–107, div. A, title IV, § 415(a), Dec. 28, 2001, 115 Stat. 1070; Pub. L. 108–375, div. A, title IV, § 416(h), Oct. 28, 2004, 118 Stat. 1869; Pub. L. 109–163, div. A, title V, § 515(b)(1)(HH), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 110–417, [div. A], title V, § 512(a), (b), Oct. 14, 2008, 122 Stat. 4439, 4440.)
heading: Amendments
text: 2008—Subsec. (a)(1). Pub. L. 110–417 inserted sections of table relating to the Army National Guard, Marine Corps Reserve, and Air National Guard, and struck out corresponding former sections.
2006—Subsec. (a)(2). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” in introductory provisions and table.
2004—Subsec. (e)(2). Pub. L. 108–375 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Full-time National Guard duty (other than for training) under section 502(f) of title 32.”
2001—Subsec. (a). Pub. L. 107–107 inserted heading and amended text of subsec. (a) generally. Prior to amendment, text consisted of table setting out maximum 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.
Subsec. (b). Pub. L. 107–107 inserted heading and amended text of subsec. (b) generally. Prior to amendment, text read as follows: “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.”
Subsec. (c). Pub. L. 107–107 inserted heading and amended text of subsec. (c) generally. Prior to amendment, text read as follows: “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.”
Subsec. (d). Pub. L. 107–107 inserted heading and amended text of subsec. (d) generally. Prior to amendment, text read as follows: “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.”
Subsec. (e). Pub. L. 107–107 added subsec. (e).
2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title IV, § 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, § 1 [[div. A], title IV, § 421(b)], added subsec. (c).
Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title IV, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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.
heading: Effective Date of 2000 Amendment
text: Pub. L. 106–398, § 1 [[div. A], title IV, § 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.”
heading: Effective Date of 1998 Amendment
text: Pub. L. 105–261, div. A, title IV, § 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.”
heading: Effective Date of 1994 Amendment
text: 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.
heading: Effective Date of 1989 Amendment
text: Pub. L. 101–189, div. A, title IV, § 413(b)(2), Nov. 29, 1989, 103 Stat. 1433, provided that the amendment made by that section is effective Oct. 1, 1990.
heading: Effective Date of 1987 Amendment
text: Pub. L. 100–180, div. A, title IV, § 413(b)(2), Dec. 4, 1987, 101 Stat. 1083, provided that the amendment made by that section is effective Oct. 1, 1988.
heading: Effective Date of 1985 Amendment
text: 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.
heading: Effective Date of 1984 Amendment
text: 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.
heading: Effective Date of 1983 Amendment
text: 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.