§ 12001. Authorized strengths: reserve components

§ 12001. Authorized strengths: reserve components

(a) Whenever the authorized strength of a reserve component (other than the Coast Guard Reserve) is not prescribed by law, it shall be prescribed by the President.

(b) Subject to the authorized strength of the reserve component concerned, the authorized strength of each reserve component (other than the Coast Guard Reserve) in members in each grade is that which the Secretary concerned determines to be necessary to provide for mobilization requirements. The Secretary shall review these determinations at least once each year and revise them if he considers it necessary. However, a member of the reserve component concerned may not, as a result of such a determination, be reduced in the member’s reserve grade without the member’s consent.

(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2983.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in sections 3221, 3224, 5413, 5456, 8221, and 8224 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Notice to Congress Regarding Reapportionment of National Guard Force Structure

Pub. L. 118–159, div. A, title V, § 515, Dec. 23, 2024, 138 Stat. 1879, provided that: “(a) In General.—Not later than 60 days before reapportioning the force structure of the National Guard of a State, including by converting a position into a military technician (dual status), the Chief of the National Guard Bureau, in consultation with the Secretary of the military department concerned, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a notice of such reapportionment. “(b) Form; Elements.—A notice under subsection (a)—“(1) may be submitted in unclassified form with a classified annex; and “(2) shall include the following elements:“(A) A description of such reapportionment, including the number of such conversions and any changes to the number of personnel. “(B) A description of the projected operational effect of such reapportionment on the mission of the National Guard of such State. “(C) A description of any end strength requirements that justify such reapportionment. “(D) Recommendations for any change to statutory end strengths that may be necessary to offset such requirements. “(c) Definitions.—In this section:“(1) The term ‘military technician (dual status)’ has the meaning given such term in section 10216 of title 10, United States Code. “(2) The term ‘State’ has the meaning given such term in section 901 of title 32, United States Code.”

End Strengths for Selected Reserve and for Reserves on Active Duty in Support of Reserves

Pub. L. 109–163, div. A, title IV, §§ 411, 412, Jan. 6, 2006, 119 Stat. 3220, 3221, which authorized end strengths for Selected Reserve personnel of the reserve components and for Reserves on active duty in support of the Reserves as of the last day of a fiscal year was from the National Defense Authorization Act for Fiscal Year 2006 and was repeated in provisions of subsequent authorization acts which are not set out in the Code. Similar provisions were contained in the following prior authorization acts:

Pub. L. 108–375, div. A, title IV, §§ 411, 412, Oct. 28, 2004, 118 Stat. 1864, 1865.

Pub. L. 108–136, div. A, title IV, §§ 411, 412, Nov. 24, 2003, 117 Stat. 1452, 1453.

Pub. L. 107–314, div. A, title IV, §§ 411, 412, Dec. 2, 2002, 116 Stat. 2526, 2527.

Pub. L. 107–107, div. A, title IV, §§ 411, 412, Dec. 28, 2001, 115 Stat. 1069, 1070.

[Pub. L. 106–398, § 1 [div. A], title IV, §§ 411, 412], Oct. 30, 2000, 114 Stat. 1654, 1654A–93.

Pub. L. 106–65, div. A, title IV, §§ 411, 412, Oct. 5, 1999, 113 Stat. 585, 586.

Pub. L. 105–261, div. A, title IV, §§ 411, 412, Oct. 17, 1998, 112 Stat. 1997.

Pub. L. 105–85, div. A, title IV, §§ 411, 412, Nov. 18, 1997, 111 Stat. 1719, 1720.

Pub. L. 104–201, div. A, title IV, §§ 411, 412, Sept. 23, 1996, 110 Stat. 2506, 2507.

Pub. L. 104–106, div. A, title IV, §§ 411, 412, Feb. 10, 1996, 110 Stat. 287, 288.

Pub. L. 103–337, div. A, title IV, §§ 411, 412, Oct. 5, 1994, 108 Stat. 2746.

Pub. L. 103–160, div. A, title IV, §§ 411, 412, Nov. 30, 1993, 107 Stat. 1641, 1642.

Pub. L. 102–484, div. A, title IV, §§ 411, 412, Oct. 23, 1992, 106 Stat. 2399.

Pub. L. 102–190, div. A, title IV, §§ 411, 412, Dec. 5, 1991, 105 Stat. 1351.

Pub. L. 101–510, div. A, title IV, §§ 411(a)–(c), 412, Nov. 5, 1990, 104 Stat. 1546, 1547; Pub. L. 102–25, title II, §§ 201(a), 202, 205(a), Apr. 6, 1991, 105 Stat. 79, 80; Pub. L. 102–190, div. A, title IV, § 414(e), Dec. 5, 1991, 105 Stat. 1353; Pub. L. 103–160, div. A, title V, § 513, Nov. 30, 1993, 107 Stat. 1649.

Pub. L. 101–189, div. A, title IV, §§ 411, 412, Nov. 29, 1989, 103 Stat. 1432, as amended by Pub. L. 101–510, div. A, title IV, § 411(d), Nov. 5, 1990, 104 Stat. 1547.

Pub. L. 100–456, div. A, title IV, §§ 411(a), 412, Sept. 29, 1988, 102 Stat. 1964.

Pub. L. 100–180, div. A, title IV, §§ 411, 412, Dec. 4, 1987, 101 Stat. 1082, 1083, as amended by Pub. L. 100–456, div. A, title IV, § 411(b), Sept. 29, 1988, 102 Stat. 1964.

Pub. L. 99–661, div. A, title IV, §§ 411(a)–(c), 412(a), Nov. 14, 1986, 100 Stat. 3860, 3861.

Pub. L. 99–145, title IV, §§ 411, 412, Nov. 8, 1985, 99 Stat. 618, 619.

Pub. L. 98–525, title IV, §§ 411, 412, Oct. 19, 1984, 98 Stat. 2516, 2517.

Pub. L. 98–94, title V, §§ 501, 502, Sept. 24, 1983, 97 Stat. 630, 631.

Pub. L. 97–252, title V, §§ 501, 502, Sept. 8, 1982, 96 Stat. 726, as amended by Pub. L. 98–94, title V, § 504(a), Sept. 24, 1983, 97 Stat. 631.

Pub. L. 97–86, title V, §§ 501, 502, Dec. 1, 1981, 95 Stat. 1107.

Pub. L. 96–342, title IV, § 401, Sept. 8, 1980, 94 Stat. 1084.

Pub. L. 96–107, title IV, § 401, Nov. 9, 1979, 93 Stat. 807.

Pub. L. 95–485, title IV, § 401, Oct. 20, 1978, 92 Stat. 1613.

Pub. L. 95–79, title IV, § 401, July 30, 1977, 91 Stat. 327.

Pub. L. 94–361, title IV, § 401, July 14, 1976, 90 Stat. 926.

Pub. L. 94–106, title IV, § 401, Oct. 7, 1975, 89 Stat. 532.

Pub. L. 93–365, title IV, §§ 401, 402, Aug. 5, 1974, 88 Stat. 402, 403.

Pub. L. 93–155, title IV, §§ 401, 402, Nov. 16, 1973, 87 Stat. 608.

Pub. L. 92–436, title IV, §§ 401, 402, Sept. 26, 1972, 86 Stat. 736.

Pub. L. 92–156, title III, §§ 301, 302, Nov. 17, 1971, 85 Stat. 425.

Pub. L. 91–441, title III, §§ 301, 302, Oct. 7, 1970, 84 Stat. 908.

Pub. L. 91–121, title III, §§ 301, 302, Nov. 19, 1969, 83 Stat. 206.

Pub. L. 90–500, title III, §§ 301, 302, Sept. 20, 1968, 82 Stat. 850.

Reserve Component Force Structure

Pub. L. 102–484, div. A, title IV, § 413, Oct. 23, 1992, 106 Stat. 2400, provided that: “(a) Requirement To Prescribe Reserve Component Force Structure.—The Secretary of each military department shall prescribe a force structure allowance for each reserve component under the jurisdiction of the Secretary. Each such force structure allowance for a reserve component—“(1) shall be consistent with, but in no case include a number of personnel spaces that is less than, the authorized end strength for that component; and “(2) shall be prescribed in accordance with historic service policies. “(b) Definition.—For purposes of this section, the term ‘force structure allowance’ means the number and types of units and organizations, and the number of authorized personnel spaces allocated to those units and organizations, in a military force.”

Limitation on Reduction in Number of Reserve Component Medical Personnel

Pub. L. 102–484, div. A, title V, § 518, Oct. 23, 1992, 106 Stat. 2407, as amended by Pub. L. 103–337, div. A, title VII, § 716, Oct. 5, 1994, 108 Stat. 2803, prohibited Secretary of Defense from reducing number of medical personnel in any reserve component below number of such personnel in that component on Sept. 30, 1992, unless Secretary certified to Congress that number of such personnel to be reduced in particular military department was excess to current and projected needs for personnel in Selected Reserve of that department, and required that assessment of such needs be consistent with wartime requirements for Selected Reserve personnel identified in final report on comprehensive study of military medical care system prepared pursuant to section 733 of Pub. L. 102–190, formerly set out as a note under section 1071 of this title, prior to repeal by Pub. L. 104–106, div. A, title V, § 564(d)(3), Feb. 10, 1996, 110 Stat. 327.

Program for Active Component Support of Reserves

Pub. L. 108–375, div. A, title V, § 515(b)–(d), Oct. 28, 2004, 118 Stat. 1883, 1884, prohibited the Secretary of the Army from reducing the number of active component Reserve support personnel below the number of such personnel as of Oct. 28, 2004, until the Secretary of the Army submitted to the Committees on Armed Services of the Senate and House of Representatives, not later than Mar. 31, 2005, a report on the support by active components of the Army for training and readiness of the Army National Guard and Army Reserve.

Pub. L. 103–160, div. A, title V, § 517(b), Nov. 30, 1993, 107 Stat. 1651, provided that: “(1) The Secretary of the Army shall include in the annual report of the Secretary to Congress known as the Army Posture Statement a presentation relating to the implementation of the Pilot Program for Active Component Support of the Reserves under section 414 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; [former] 10 U.S.C. 261 note [now set out below]), as amended by subsection (a). “(2) Each such presentation shall include, with respect to the period covered by the report, the following information:“(A) The promotion rate for officers considered for promotion from within the promotion zone who are serving as active component advisers to units of the Selected Reserve of the Ready Reserve (in accordance with that program) compared with the promotion rate for other officers considered for promotion from within the promotion zone in the same pay grade and the same competitive category, shown for all officers of the Army. “(B) The promotion rate for officers considered for promotion from below the promotion zone who are serving as active component advisers to units of the Selected Reserve of the Ready Reserve (in accordance with that program) compared in the same manner as specified in subparagraph (A).”