(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.
Structure US Code
Subtitle E— Reserve Components
CHAPTER 1201— AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE
§ 12001. Authorized strengths: reserve components
§ 12003. Authorized strengths: commissioned officers in an active status
§ 12004. Strength in grade: reserve general and flag officers in an active status
§ 12006. Strength limitations: authority to waive in time of war or national emergency
§ 12007. Reserve officers of the Army: distribution
§ 12008. Army Reserve and Air Force Reserve: warrant officers
§ 12009. Army and Air Force reserve components: temporary increases