cause the person is a single parent if the person is otherwise qualified for enlistment, the person became a single parent while serving on active duty, and the person's status as a single parent was not a factor in the person's discharge or release from active duty, with provision that the requirements imposed with respect to parenthood not be more stringent than those imposed on a member who becomes a single parent during the term of the member's enlistment, and with provision defining “single parent" as a person who is not married and who has custody of a child under the age of 18 pursuant to a court order, expired on Sept. 30, 1991.

§ 511. Reserve components: terms

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 2108; title 14 section 713; title 37 section 205; title 38 sections 3002, 3202, 3452, 3501; title 50 App. section 456.

§ 513. Enlistments: Delayed Entry Program

(a) A person with no prior military service who is qualified under section 505 of this title and applicable regulations for enlistment in a regular component of an armed force may (except as provided in subsection (c)) be enlisted as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve for a term of not less than six years nor more than eight years.

(b) Unless sooner ordered to active duty under chapter 39 of this title or another provision of law, a person enlisted under subsection (a) shall, within 365 days after such enlistment, be discharged from the reserve component in which enlisted and immediately be enlisted in the regular component of an armed force. During the period beginning on the date on which the person enlists under subsection (a) and ending on the date on which the person is enlisted in a regular component under the preceding sentence, the person shall be in the Ready Reserve of the armed force concerned.

(c) A person who is under orders to report for induction into an armed force under the Military Selective Service Act (50 U.S.C. App. 451 et seq.), except as provided in clause (ii) or (iii) of section 6(c)(2)(A) of that Act, may not be enlisted under subsection (a).

(d) This section shall be carried out under regulations to be prescribed by the Secretary of Defense or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy.

(Added Pub. L. 101-189, div. A, title V, § 501(a)(1), Nov. 29, 1989, 103 Stat. 1435; amended Pub. L. 101-510, div. A, title XIV, § 1484(k)(2), Nov. 5, 1990, 104 Stat. 1719.)

REFERENCES IN TEXT

The Military Selective Service Act, referred to in subsec. (c), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is classified principally to section 451 et seq. of Title 50, Appendix, War and National Defense. Section 6 of the Act is classified to section 456 of Title 50, Appendix. For complete classification of this Act to the Code, see References in Text note set out under section 451 of Title 50, Appendix, and Tables.

PRIOR PROVISIONS

A prior section 513, act Aug. 10, 1956, ch. 1041, 70A Stat. 18, related to promotion of enlisted members of Reserve components, prior to repeal by Pub. L. 85-861, § 36B(1), Sept. 2, 1958, 72 Stat. 1570.

AMENDMENTS

1990-Subsecs. (b), (c). Pub. L. 101-510 substituted "subsection (a)” for “paragraph (1)”.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 270 of this title; title 37 section 205.

§ 517. Authorized daily average: members in pay grades E-8 and E-9

[See main edition for text of (a)]

(b) 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:

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, § 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, § 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.

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.

AUTHORITY TO WAIVE GRADE STRENGTH LAWS FOR FISCAL YEAR 1991; CERTIFICATION; RELATIONSHIP TO OTHER SUSPENSION AUTHORITY

Pub. L. 102-25, title II, §§ 201(b), 202, 205(b), Apr. 6, 1991, 105 Stat. 79, 80, provided that the Secretary of a military department may suspend, for fiscal year 1991, the operation of any provision of this section and section 523, 524, 525, or 526 of this title with respect to that military department, that such Secretary may exreise 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 title 32 section 112. CHAPTER 32-OFFICER STRENGTH AND DISTRIBUTION IN GRADE

§ 521. Authority to prescribe total strengths of officers on active duty and officer strengths in various categories

(a) Whenever the needs of the services require, but at least once each fiscal year, the Secretary of Defense shall prescribe the total authorized active-duty strength as of the end of the fiscal year for officers in grades above chief warrant officer, W-5, for each of the armed forces under the jurisdiction of the Secretary of a military department.

[See main edition for text of (b)]

(As amended Pub. L. 102-190, div. A, title XI, § 1131(1)(A), Dec. 5, 1991, 105 Stat. 1505.)

AMENDMENTS

1991-Subsec. (a). Pub. L. 102-190 substituted "chief warrant officer, W-5," for "warrant officer (W-4)”.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 1132 of title XI of Pub. L. 102-190 provided that: "This title [enacting sections 571 to 583 and 742 of this title, amending this section, sections 522, 597, 598, 603, 628, 644, 741, 1166, 1174, 1305, 1406, 5414, 5457, 5458, 5501 to 5503, 5596, 5600, 5665, 6389, and 6391 of this title, sections 286a and 334 of Title 14, Coast Guard, and sections 201, 301, 301c, 305a, and 406 of Title 37, Pay and Allowances of the Uniformed Services, repealing sections 555 to 565, 602, and 745 of this title, and enacting provisions set out as notes under sections 555 and 571 of this title and section 1009 of Title 37] and the amendments made by this title shall take effect on February 1, 1992."

EVALUATION OF EFFECTS OF OFFICER STRENGTH REDUCTIONS ON OFFICER PERSONNEL MANAGEMENT SYSTEMS Pub. L. 102-484, div. A, title V, § 502, Oct. 23, 1992, 106 Stat. 2402, provided that:

“(a) REQUIREMENT FOR REVIEW.-The Secretary of Defense shall provide for a federally funded research and development center that is independent of the military departments to review the officer personnel management system of each of the military departments and to determine and evaluate the effects of

the post-Cold War officer strength reductions on that officer personnel management system.

"(b) MATTERS TO BE CONSIDERED.-The review and evaluation shall include, for the officer personnel management system of each military department, the effects of the officer strength reductions on the following:

"(1) The timing and opportunities for officer promotions.

"(2) The expected lengths of officer careers. "(3) Other features of the officer personnel management system under the Defense Officer Personnel Management Act (Public Law 96-513) [see Tables for classification], including the provisions of law added and amended by that Act.

"(4) Any other aspect of the officer personnel management system that the federally funded research and development center personnel conducting the review and evaluation consider appropriate or as directed by the Secretary of Defense. "(c) REPORT.-Not later than December 31, 1993, the federally funded research and development center shall submit to the Secretary of Defense a report on the results of the review and evaluation. Within 60 days after receiving the report, the Secretary shall transmit the report to the Committees on Armed Services of the Senate and House of Representatives. The Secretary may submit to such committees any comments that the Secretary considers appropriate regarding the matters contained in the report.

"(d) FUNDING.-Funds appropriated for fiscal year 1993 pursuant to title II [106 Stat. 2349, see Tables for classification] and made available for federally funded research and development centers shall be available for the conduct of the review and evaluation under this section."

EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102-190, set out as a note under section 521 of this title.

§ 523. Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain

(a)(1) Except as provided in subsection (c), of the total number of commissioned officers serving on active duty in the Army, Air Force, or Marine Corps at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active duty in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of such fiscal year, exceed a number determined in accordance with the following table:

active duty in the Air Force in the grade of Colonel to 3,392, 3,573, 3,754, 3,935, 4,115, 4,296, 4,477, 4,658, 4,838, 5,019, 5,200, and 5,381 from 3,642, 3,823, 4,004, 4,185, 4,365, 4,546, 4,727, 4,908, 5,088, 5,269, 5,450, and 5,631, respectively.

TEMPORARY VARIATION OF END STRENGTH LIMITATIONS FOR MARINE CORPS MAJORS AND LIEUTENANT COLONELS

Pub. L. 103-160, div. A, title IV, § 402, Nov. 30, 1993, 107 Stat. 1639, provided that:

"(a) VARIATION AUTHORIZED.-In the administration of the limitation under section 523(a)(1) of title 10, United States Code, for fiscal years 1994 and 1995, the numbers applicable to officers of the Marine Corps serving on active duty in the grades of major and lieutenant colonel shall be the numbers set forth for that fiscal year in subsection (b) (rather than the numbers determined in accordance with the table in that section).

"(b) NUMBERS FOR FISCAL YEARS 1994 AND 1995.-The numbers referred to in subsection (a) are as follows:

TEMPORARY INCREASE IN OFFICER GRADE LIMITATIONS Pub. L. 101-189, div. A, title IV, § 403, Nov. 29, 1989, 103 Stat. 1431, provided that:

"(a) AUTHORITY TO INCREASE NUMBERS FOR FISCAL YEARS 1990 AND 1991.-The Secretary of Defense may increase the strength-in-grade limitations specified in section 523(a) of title 10, United States Code, by a total of 250 positions, to be distributed among grades and services as the Secretary considers appropriate. Any increase pursuant to the preceding sentence in an otherwise applicable limitation shall expire, as specified by the Secretary, not later than September 30, 1991.

Major

Lieutenant colonel

Colonel

specified in

subsection (b))

"(b) REPORT ON GRADE TABLE RESTRICTIONS.-The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a comprehensive report on the adequacy of the strength-in-grade limitations prescribed in section 523(a) of title 10, United States Code. The report shall particularly address how those limitations affect the ability of the Department of Defense to recruit and retain nurses and other health professionals for service on active duty. The report shall include such recommendations as the Secretary considers appropriate and shall be submitted not later than March 1, 1990."

TEMPORARY REDUCTION IN NUMBER OF AIR FORCE COLONELS

Pub. L. 101-189, div. A, title IV, § 402, Nov. 29, 1989, 103 Stat. 1431, as amended by Pub. L. 101-510, div. A, title IV, § 404, Nov. 5, 1990, 104 Stat. 1545, provided that: "The number of officers that (but for this section) would be authorized under section 523 of title 10, United States Code, and other applicable provisions of law to be serving on active duty in the Air Force in the grade of colonel during fiscal year 1992 is hereby reduced by 250."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 115a, 524, 527, 623, 3380, 5721, 8380 of this title.

224 and 637 from 150 and 425, respectively. Marine Corps figures remained unchanged.

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.

AUTHORITY TO WAIVE GRADE STRENGTH LAWS FOR FISCAL YEAR 1991; CERTIFICATION; RELATIONSHIP TO OTHER SUSPENSION AUTHORITY

Pub. L. 102-25, title II, §§ 201(b), 202, 205(b), Apr. 6, 1991, 105 Stat. 79, 80, provided that the Secretary of a military department may suspend, for fiscal year 1991, the operation of any provision of this section and section 523, 524, 525, or 526 of this title with respect to that military department, that such Secretary may excise 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 title 32 section 112. CHAPTER 32-OFFICER STRENGTH AND DISTRIBUTION IN GRADE

§ 521. Authority to prescribe total strengths of officers on active duty and officer strengths in various categories

(a) Whenever the needs of the services require, but at least once each fiscal year, the Secretary of Defense shall prescribe the total authorized active-duty strength as of the end of the fiscal year for officers in grades above chief warrant officer, W-5, for each of the armed forces under the jurisdiction of the Secretary of a military department.

[See main edition for text of (b)]

(As amended Pub. L. 102-190, div. A, title XI, § 1131(1)(A), Dec. 5, 1991, 105 Stat. 1505.)

AMENDMENTS

1991-Subsec. (a). Pub. L. 102-190 substituted "chief warrant officer, W-5," for "warrant officer (W-4)".

EFFECTIVE DATE OF 1991 AMENDMENT

Section 1132 of title XI of Pub. L. 102-190 provided that: "This title [enacting sections 571 to 583 and 742 of this title, amending this section, sections 522, 597, 598, 603, 628, 644, 741, 1166, 1174, 1305, 1406, 5414, 5457, 5458, 5501 to 5503, 5596, 5600, 5665, 6389, and 6391 of this title, sections 286a and 334 of Title 14, Coast Guard, and sections 201, 301, 301c, 305a, and 406 of Title 37, Pay and Allowances of the Uniformed Services, repealing sections 555 to 565, 602, and 745 of this title, and enacting provisions set out as notes under sections 555 and 571 of this title and section 1009 of Title 37] and the amendments made by this title shall take effect on February 1, 1992."

EVALUATION OF EFFECTS OF OFFICER STRENGTH REDUCTIONS ON OFFICER PERSONNEL MANAGEMENT SYSTEMS Pub. L. 102-484, div. A, title V, § 502, Oct. 23, 1992, 106 Stat. 2402, provided that:

"(a) REQUIREMENT FOR REVIEW.-The Secretary of Defense shall provide for a federally funded research and development center that is independent of the military departments to review the officer personnel management system of each of the military departments and to determine and evaluate the effects of

the post-Cold War officer strength reductions on that officer personnel management system.

"(b) MATTERS TO BE CONSIDERED.-The review and evaluation shall include, for the officer personnel management system of each military department, the effects of the officer strength reductions on the following:

"(1) The timing and opportunities for officer promotions.

"(2) The expected lengths of officer careers. "(3) Other features of the officer personnel management system under the Defense Officer Personnel Management Act (Public Law 96-513) [see Tables for classification], including the provisions of law added and amended by that Act.

"(4) Any other aspect of the officer personnel management system that the federally funded research and development center personnel conducting the review and evaluation consider appropriate or as directed by the Secretary of Defense. "(c) REPORT.-Not later than December 31, 1993, the federally funded research and development center shall submit to the Secretary of Defense a report on the results of the review and evaluation. Within 60 days after receiving the report, the Secretary shall transmit the report to the Committees on Armed Services of the Senate and House of Representatives. The Secretary may submit to such committees any comments that the Secretary considers appropriate regarding the matters contained in the report.

"(d) FUNDING.-Funds appropriated for fiscal year 1993 pursuant to title II [106 Stat. 2349, see Tables for classification] and made available for federally funded research and development centers shall be available for the conduct of the review and evaluation under this section."

EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102-190, set out as a note under section 521 of this title.

§ 523. Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain

(a)(1) Except as provided in subsection (c), of the total number of commissioned officers serving on active duty in the Army, Air Force, or Marine Corps at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active duty in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of such fiscal year, exceed a number determined in accordance with the following table:

active duty in the Air Force in the grade of Colonel to 3,392, 3,573, 3,754, 3,935, 4,115, 4,296, 4,477, 4,658, 4,838, 5,019, 5,200, and 5,381 from 3,642, 3,823, 4,004, 4,185, 4,365, 4,546, 4,727, 4,908, 5,088, 5,269, 5,450, and 5,631, respectively.

TEMPORARY VARIATION OF END STRENGTH LIMITATIONS FOR MARINE CORPS MAJORS AND LIEUTENANT COLONELS

Pub. L. 103-160, div. A, title IV, § 402, Nov. 30, 1993, 107 Stat. 1639, provided that:

"(a) VARIATION AUTHORIZED.-In the administration of the limitation under section 523(a)(1) of title 10, United States Code, for fiscal years 1994 and 1995, the numbers applicable to officers of the Marine Corps serving on active duty in the grades of major and lieutenant colonel shall be the numbers set forth for that fiscal year in subsection (b) (rather than the numbers determined in accordance with the table in that section).

"(b) NUMBERS FOR FISCAL YEARS 1994 and 1995.-The numbers referred to in subsection (a) are as follows:

TEMPORARY INCREASE IN OFFICER GRADE LIMITATIONS Pub. L. 101-189, div. A, title IV, § 403, Nov. 29, 1989, 103 Stat. 1431, provided that:

"(a) AUTHORITY TO INCREASE NUMBERS FOR FISCAL YEARS 1990 AND 1991.-The Secretary of Defense may increase the strength-in-grade limitations specified in section 523(a) of title 10, United States Code, by a total of 250 positions, to be distributed among grades and services as the Secretary considers appropriate. Any increase pursuant to the preceding sentence in an otherwise applicable limitation shall expire, as specified by the Secretary, not later than September 30, 1991.

Lieutenant colonel

Colonel

subsection (b))

on active duty:

"(b) REPORT ON GRADE TABLE RESTRICTIONS.-The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a comprehensive report on the adequacy of the strength-in-grade limitations prescribed in section 523(a) of title 10, United States Code. The report shall particularly address how those limitations affect the ability of the Department of Defense to recruit and retain nurses and other health professionals for service on active duty. The report shall include such recommendations as the Secretary considers appropriate and shall be submitted not later than March 1, 1990."

TEMPORARY REDUCTION IN NUMBER OF AIR FORCE COLONELS

Pub. L. 101-189, div. A, title IV, § 402, Nov. 29, 1989, 103 Stat. 1431, as amended by Pub. L. 101-510, div. A, title IV, § 404, Nov. 5, 1990, 104 Stat. 1545, provided that: "The number of officers that (but for this section) would be authorized under section 523 of title 10, United States Code, and other applicable provisions of law to be serving on active duty in the Air Force in the grade of colonel during fiscal year 1992 is hereby reduced by 250."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 115a, 524, 527, 623, 3380, 5721, 8380 of this title.