Pub. L. 87–649, § 2(1)76 Stat. 492Pub. L. 96–584, § 494 Stat. 3377Pub. L. 97–86, title V, § 503(1)95 Stat. 1107Pub. L. 97–252, title V, § 503(a)96 Stat. 727Pub. L. 98–94, title V, § 503(a)97 Stat. 631Pub. L. 98–525, title IV98 Stat. 2517Pub. L. 99–145, title IV, § 413(a)99 Stat. 619Pub. L. 100–180, div. A, title IV, § 413(a)101 Stat. 1083Pub. L. 101–189, div. A, title IV, § 413(a)103 Stat. 1433Pub. L. 102–190, div. A, title IV, § 413(a)105 Stat. 1352Pub. L. 103–160, div. A, title IV, § 413(a)107 Stat. 1642Pub. L. 103–337, div. A, title V, § 552(a)108 Stat. 2772Pub. L. 105–261, div. A, title IV, § 407(a)112 Stat. 1996Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 107–107, div. A, title IV, § 403115 Stat. 1069Pub. L. 108–375, div. A, title IV, § 416(f)118 Stat. 1868Pub. L. 110–181, div. A, title IV, § 406122 Stat. 89Pub. L. 116–283, div. A, title IV, § 403(a)134 Stat. 3556(Added , , ; amended , , ; , (2), , , 1108; , , ; , , ; , §§ 413(a), 414(a)(2), , , 2518; , , ; , , ; , , ; , , ; , , ; , title XVI, § 1662(a)(4), , , 2988; , title X, § 1069(a)(2), , , 2135; , title IV, § 421(a)], , , 1654A–95; , , ; , , ; , , ; , , .)
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Historical and Revision Notes |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
517 | 37:232(c) (last sentence). | Oct. 12, 1949, ch. 681, § 201(c) (last sentence); added May 20, 1958, Pub. L. 85–422, § 1(3) (last sentence), 72 Stat. 124. |
Editorial Notes
Amendments
Pub. L. 116–283, § 403(a)(1)2021—, substituted “enlisted end strength” for “daily average” in section catchline.
Pub. L. 116–283, § 403(a)(2)Subsec. (a). , in first sentence, substituted “end strength for” for “daily average number of”, “as of the last day of a fiscal year” for “in a fiscal year”, and “3.0 percent” for “2.5 percent” and struck out before period at end “on the first day of that fiscal year”.
Pub. L. 116–283, § 403(a)(3)Subsec. (b). , struck out subsec. (b) which read as follows: “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.”
Pub. L. 110–1812008—Subsec. (a). substituted “1.25 percent” for “1 percent”.
Pub. L. 108–375section 115(i) of this title2004—Subsec. (a). substituted “as authorized under section 115(a)(1)(B) or 115(b) of this title, or excluded from counting for active duty end strengths under .” for “(other than for training) in connection with organizing, administering, recruiting, instructing, or training the reserve component of an armed force.”
Pub. L. 107–1072001—Subsec. (a). substituted “2.5 percent” for “2 percent (or, in the case of the Army, 2.5 percent)”.
Pub. L. 106–3982000—Subsec. (c). added subsec. (c).
Pub. L. 105–261, § 1069(a)(2)section 307 of title 371998—Subsec. (a). , substituted “The authorized” for “Except as provided in , the authorized”.
Pub. L. 105–261, § 407(a), substituted “a fiscal year” for “a calendar year” and “the first day of that fiscal year” for “January 1 of that year”.
Pub. L. 103–337, § 552(a)1994—Subsec. (a). , inserted “(or, in the case of the Army, 2.5 percent)” after “may not be more than 2 percent”.
Pub. L. 103–337, § 1661(a)(4)(B)Subsec. (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, § 1662(a)(4)(A)section 502(f) of title 32, 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 (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.
Pub. L. 103–337, § 1662(a)(4)(B)Subsec. (c). , redesignated subsec. (c) as (b).
Pub. L. 103–1601993—Subsec. (b). , 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.
Pub. L. 102–1901991—Subsec. (b). , 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.
Pub. L. 101–189, § 413(a)(2)1989—Subsec. (b). , 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.
Pub. L. 100–180, § 413(a)(2)1987—Subsec. (b). , 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, § 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.
Pub. L. 99–1451985—Subsec. (b). 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.
Pub. L. 98–525, § 414(a)(2)section 502(f) of title 321984—Subsec. (b). , inserted “(other than for training) or on full-time National Guard duty under the authority of (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, § 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.
Pub. L. 98–941983—Subsec. (b). 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.
Pub. L. 97–2521982—Subsec. (b). 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.
Pub. L. 97–86, § 503(1)1981—Subsec. (b). , 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.
Pub. L. 97–86, § 503(2)Subsec. (c). , added subsec. (c).
Pub. L. 96–5841980— designated existing provisions as subsec. (a), inserted provisions respecting computation of limitations, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Pub. L. 105–261, div. A, title IV, § 407(b)112 Stat. 1996
Effective Date of 1994 Amendment
Pub. L. 103–337, div. A, title V, § 552(c)108 Stat. 2772
section 1662(a)(4) of Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .
Effective Date of 1989 Amendment
Pub. L. 101–189, div. A, title IV, § 413(a)(2)103 Stat. 1433, , , provided that the amendment made by that section is effective .
Effective Date of 1987 Amendment
Pub. L. 100–180, div. A, title IV, § 413(a)(2)101 Stat. 1083, , , provided that the amendment made by that section is effective .
Effective Date of 1985 Amendment
Pub. L. 99–145, title IV, § 413(c)99 Stat. 620
Effective Date of 1984 Amendment
Pub. L. 98–525, title IV, § 413(c)98 Stat. 2518
Effective Date of 1983 Amendment
Pub. L. 98–94, title V, § 503(c)97 Stat. 631
Effective Date
section 15 of Pub. L. 87–649section 101 of Title 37Section effective , see , set out as a note preceding , Pay and Allowances of the Uniformed Services.
Temporary Exemption From Enlisted End Strength Grade Restrictions for the Coast Guard
Pub. L. 119–60, div. G, title LXXI, § 7102(c)139 Stat. 1664
Temporary Exemption From End Strength Grade Restrictions for the Space Force
Pub. L. 117–263, div. A, title V, § 526136 Stat. 2572
Similar provisions were contained in the following prior acts:
Pub. L. 117–81, div. A, title V, § 528(a)135 Stat. 1690, , .
Authorized Active Duty Strengths for Army Enlisted Members in Pay Grade E–8; Special Rule for 1995
Pub. L. 103–337, div. A, title V, § 552(b)108 Stat. 2772Pub. L. 103–337, § 552(a), , , provided that the percentage applicable to enlisted members of the Army in pay grade E–8 under subsec. (a) of this section during 1995 would be 2.3 percent, rather than the percentage provided by the amendment made by .
Authority To Waive Grade Strength Laws for Fiscal Year 1991; Certification; Relationship to Other Suspension Authority
Pub. L. 102–25, title II105 Stat. 79section 527 of this title, §§ 201(b), 202, 205(b), , , 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 .