10 U.S.C. § 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
submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 781 words · no verdicts yet
This section caps senior enlisted reservists in pay grades E-8 and E-9. It limits how many can serve full-time running reserve or Guard programs. Tables set caps by component and total strength, with interpolation between rows. The Defense Secretary may raise a cap by up to 5%, with written notice to Congress.
(a) Limitations
For the Army* Reserve, Army National Guard*, Navy Reserve, Marine Corps Reserve, Air Force Reserve, and Air National Guard*, this section caps how many members in pay* grades E-8 and E-9 may serve full-time reserve duty — meaning active duty* under section 10211 or 12310, or full-time National Guard duty* under section 502(f) of title 32 (other than for training) — organizing, running, recruiting, instructing, or training the reserves or Guard. The cap depends on the component's total full-time strength at the end of the fiscal year. The section gives a separate table for each component listing the allowed number of E-8s and E-9s at specific strength levels (for example, the Army Reserve table runs from 10,000 to 21,000, in steps of 1,000). Look up the cap in the table for the relevant component and strength level.
(b) Determinations by Interpolation
Just as in section 12011(b): interpolate between two listed strengths if the actual number falls in between; if it's outside the table's range, use the same proportion as the nearest limit shown.
(c) Reallocations to Lower Grade*
If fewer members serve in E-9 than the cap allows, the difference may be shifted to raise the cap for E-8.
(d) Secretarial Waiver
(1) The Secretary of Defense may raise a fiscal year's cap for a pay grade and component, if it serves the national interest, by up to 5% of that grade's and component's maximum number in the table.
(2) The Secretary must give written notice to the Senate and House Armed Services Committees whenever this power is used.
(e) Full-Time Reserve Component Duty Defined
In this section, "full-time reserve component duty" has the same meaning given in section 12011(e) of this title.
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 in each of pay* grades of E–8 and E–9 who may be serving on active duty* under section 10211 or 12310, or on full-time National Guard duty* under the authority of section 502(f) of title 32 (other than for training) in connection with organizing, administering, recruiting, instructing, or training the reserve components or the National Guard* 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 members of that reserve component who may be serving in the grade* of: | |
|---|---|---|
E–8 | E–9 | |
Army* Reserve: | ||
10,000 | 1,052 | 154 |
11,000 | 1,126 | 168 |
12,000 | 1,195 | 180 |
13,000 | 1,261 | 191 |
14,000 | 1,327 | 202 |
15,000 | 1,391 | 213 |
16,000 | 1,455 | 224 |
17,000 | 1,519 | 235 |
18,000 | 1,583 | 246 |
19,000 | 1,647 | 257 |
20,000 | 1,711 | 268 |
21,000 | 1,775 | 278 |
Army National Guard*: | ||
20,000 | 1,650 | 550 |
22,000 | 1,775 | 615 |
24,000 | 1,950 | 645 |
26,000 | 2,100 | 675 |
28,000 | 2,250 | 715 |
30,000 | 2,400 | 735 |
32,000 | 2,500 | 760 |
34,000 | 2,600 | 780 |
36,000 | 2,700 | 800 |
38,000 | 2,800 | 820 |
40,000 | 2,900 | 830 |
42,000 | 3,000 | 840 |
Navy Reserve: | ||
10,000 | 340 | 143 |
11,000 | 364 | 156 |
12,000 | 386 | 169 |
13,000 | 407 | 182 |
14,000 | 423 | 195 |
15,000 | 435 | 208 |
16,000 | 447 | 221 |
17,000 | 459 | 234 |
18,000 | 471 | 247 |
19,000 | 483 | 260 |
20,000 | 495 | 273 |
21,000 | 507 | 286 |
22,000 | 519 | 299 |
23,000 | 531 | 312 |
24,000 | 540 | 325 |
Marine Corps Reserve: | ||
1,100 | 50 | 11 |
1,200 | 55 | 12 |
1,300 | 60 | 13 |
1,400 | 65 | 14 |
1,500 | 70 | 15 |
1,600 | 75 | 16 |
1,700 | 80 | 17 |
1,800 | 85 | 18 |
1,900 | 89 | 19 |
2,000 | 93 | 20 |
2,100 | 96 | 21 |
2,200 | 99 | 22 |
2,300 | 101 | 23 |
2,400 | 106 | 24 |
2,500 | 112 | 25 |
2,600 | 116 | 26 |
2,700 | 121 | 27 |
2,800 | 125 | 28 |
2,900 | 130 | 29 |
3,000 | 134 | 30 |
Air Force Reserve: | ||
500 | 75 | 40 |
1,000 | 145 | 75 |
1,500 | 208 | 105 |
2,000 | 270 | 130 |
2,500 | 325 | 150 |
3,000 | 375 | 170 |
3,500 | 420 | 190 |
4,000 | 460 | 210 |
4,500 | 495 | 230 |
5,000 | 530 | 250 |
5,500 | 565 | 270 |
6,000 | 600 | 290 |
7,000 | 670 | 330 |
8,000 | 740 | 370 |
10,000 | 800 | 400 |
Air National Guard*: | ||
10,000 | 1,350 | 550 |
12,000 | 1,466 | 594 |
14,000 | 1,582 | 636 |
16,000 | 1,698 | 676 |
18,000 | 1,814 | 714 |
20,000 | 1,930 | 752 |
22,000 | 2,046 | 790 |
24,000 | 2,162 | 828 |
26,000 | 2,278 | 866 |
28,000 | 2,394 | 904 |
30,000 | 2,510 | 942 |
32,000 | 2,626 | 980 |
34,000 | 2,742 | 1,018 |
36,000 | 2,858 | 1,056 |
38,000 | 2,974 | 1,094 |
40,000 | 3,090 | 1,132 . |
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 table in 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 table in subsection (a), the Secretary concerned* shall fix the corresponding strengths for the grades shown in the table at the same proportion as is reflected in the nearest limit shown in the table.
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 this section, the difference between the two numbers may be applied to increase the number authorized under this section for pay grade E–8.
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 enlisted members that may be on active duty or full-time National Guard duty as described in subsection (a) for a reserve component in a pay 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 that grade and reserve component in the table.
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.
In this section, the term “full-time reserve component duty” has the meaning given the term in section 12011(e) of this title.
Source credit: (Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2987; amended Pub. L. 104–106, div. A, title IV, § 414(b), title XV, § 1501(b)(10), Feb. 10, 1996, 110 Stat. 288, 496; Pub. L. 105–261, div. A, title IV, § 414(b), Oct. 17, 1998, 112 Stat. 1998; Pub. L. 106–65, div. A, title IV, § 414(b), Oct. 5, 1999, 113 Stat. 586; Pub. L. 106–398, § 1 [[div. A], title IV, §§ 415(b), 421(c), 424(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–94 to 1654A–96; Pub. L. 107–107, div. A, title IV, § 415(b), Dec. 28, 2001, 115 Stat. 1073; Pub. L. 108–375, div. A, title X, § 1084(d)(34), Oct. 28, 2004, 118 Stat. 2063; Pub. L. 109–163, div. A, title V, § 515(b)(1)(II), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 110–417, [div. A], title V, § 512(c), Oct. 14, 2008, 122 Stat. 4440; Pub. L. 115–232, div. A, title V, § 515(b), Aug. 13, 2018, 132 Stat. 1753; Pub. L. 116–92, div. A, title IV, § 415(c), Dec. 20, 2019, 133 Stat. 1337.)
- 1994Enacted · Pub. L. 103-337 · 108 Stat. 2987
- 1996Amended · Pub. L. 104-106 · 110 Stat. 288, 496
- 1998Amended · Pub. L. 105-261 · 112 Stat. 1998
- 1999Amended · Pub. L. 106-65 · 113 Stat. 586
- 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
- 2001Amended · Pub. L. 107-107 · 115 Stat. 1073
- 2004Amended · Pub. L. 108-375 · 118 Stat. 2063
- 2006Amended · Pub. L. 109-163 · 119 Stat. 3233
- 2008Amended · Pub. L. 110-417 · 122 Stat. 4440
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1753
- 2019Amended · Pub. L. 116-92 · 133 Stat. 1337
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-337 on 1994-10-05.
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