CHAPTER 711—STRENGTH

        

Editorial Notes

Amendments

2021—Pub. L. 117–81, div. A, title X, §1044(a)(2), Dec. 27, 2021, 135 Stat. 1904, added item 7102.

2018—Pub. L. 115–232, div. A, title VIII, §808(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 331 of this title as this chapter and items 3201 and 3210 as 7101 and 7110, respectively.

1996—Pub. L. 104–106, div. A, title V, §505(a)(2), Feb. 10, 1996, 110 Stat. 296, added item 3201.

1994—Pub. L. 103–337, div. A, title XVI, §1672(b)(2), Oct. 5, 1994, 108 Stat. 3015, struck out items 3212 "Army Reserve; Army National Guard of the United States: strength in grade; temporary increases", 3217 "Reserves: commissioned officers in active status", 3218 "Reserves: strength in grade; general officers in active status", 3219 "Reserves: strength in grade; commissioned officers in grades below brigadier general in active status", 3220 "Reserve officers: distribution", 3221 "Army Reserve", 3222 "Army Reserve, exclusive of members on active duty", 3223 "Army Reserve: warrant officers", 3224 "Army National Guard of United States", and 3225 "Army National Guard and Army National Guard of United States, exclusive of members on active duty".

1990—Pub. L. 101–510, div. A, title IV, §403(b)(1)(B), Nov. 5, 1990, 104 Stat. 1545, struck out item 3202 "Army: strength in grade; general officers".

1980—Pub. L. 96–513, title V, §502(4), Dec. 12, 1980, 94 Stat. 2909, struck out item 3201 "Army: members on active duty", substituted "strength in grade; general officers" for "officers in certain commissioned grades" in item 3202, struck out items 3203 "Regular Army: members on active duty", 3204 "Regular Army: commissioned officers on active list", 3205 "Regular Army: commissioned officers on active list, exclusive of certain categories", 3206 "Regular Army: commissioned officers on active list; Army Nurse Corps", 3207 "Regular Army: commissioned officers on active list; Army Medical Specialist Corps", 3209 "Regular Army: commissioned officers on active list; other branches", and 3211 "Regular Army: strength in grade; promotion-list officers", substituted "Army Reserve; Army National Guard of the United States: strength in grade; temporary increases" for "Regular Army; Army Reserve; Army National Guard of United States: strength in grade; temporary increases" in item 3212, and struck out items 3213 "Regular Army: warrant officers on active list", 3214 "Regular Army: enlisted members on active duty", 3216 "Corps of Engineers: enlisted members on active duty", and 3230 "Personnel detailed outside Department of Defense".

1978—Pub. L. 95–485, title VIII, §820(c)(5), Oct. 20, 1978, 92 Stat. 1627, substituted "other branches" for "other branches; Women's Army Corps" in item 3209 and struck out item 3215 "Regular Army: Women's Army Corps; warrant officers on active list; enlisted members on active duty".

1958—Pub. L. 85–861, §1(70), Sept. 2, 1958, 72 Stat. 1464, inserted "; Army Reserve; Army National Guard of United States" in item 3212, and added items 3217 to 3220 and 3230.

1957—Pub. L. 85–155, title I, §101(6), Aug. 21, 1957, 71 Stat. 376, substituted "Army Medical Specialist Corps" for "Women's Medical Specialist Corps" in item 3207.

§7101. Officers on active duty: minimum strength based on requirements

(a) The Secretary of the Army shall ensure that the strength at the end of each fiscal year of officers on active duty is sufficient to enable the Army to meet at least that percentage of the programmed manpower structure for officers for the active component of the Army that is provided for in the most recent Defense Planning Guidance issued by the Secretary of Defense.

(b) The number of officers on active duty shall be counted for purposes of this section in the same manner as applies under section 115(a)(1) of this title.

(c) In this section:

(1) The term "programmed manpower structure" means the aggregation of billets describing the full manpower requirements for units and organizations in the programmed force structure.

(2) The term "programmed force structure" means the set of units and organizations that exist in the current year and that is planned to exist in each future year under the then-current Future-Years Defense Program.

(Added Pub. L. 104–106, div. A, title V, §505(a)(1), Feb. 10, 1996, 110 Stat. 295, §3201; amended Pub. L. 112–239, div. A, title X, §1076(f)(37), Jan. 2, 2013, 126 Stat. 1954; renumbered §7101, Pub. L. 115–232, div. A, title VIII, §808(b)(1), Aug. 13, 2018, 132 Stat. 1838.)

Editorial Notes

Prior Provisions

A prior section 7101 was renumbered section 8591 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 3201 of this title as this section.

2013—Subsec. (a). Pub. L. 112–239 struck out "(beginning with fiscal year 1999)" after "shall ensure that".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Assistance in Accomplishing Requirement

Pub. L. 104–106, div. A, title V, §505(b), Feb. 10, 1996, 110 Stat. 296, as amended by Pub. L. 115–232, div. A, title VIII, §809(b)(5), Aug. 13, 2018, 132 Stat. 1840, provided that: "The Secretary of Defense shall provide to the Army sufficient personnel and financial resources to enable the Army to meet the requirement specified in section 7101 of title 10, United States Code, as added by subsection (a)."

§7102. Congressional notification of significant Army force structure changes

(a) Notification Required.—Except as provided in subsection (c), the Secretary of the Army shall submit to the congressional defense committees written notification of any decision to make a significant change to Army force structure prior to implementing or announcing such change.

(b) Contents.—A notification required under subsection (a) shall include each of the following:

(1) The justification for the planned change.

(2) A description of the details of the planned change and timing for implementation.

(3) A description of the operational implications of the planned change.

(4) The estimated costs of such change.

(c) Exception.—The notification requirement under subsection (a) shall not apply if the Secretary of Defense certifies to the congressional defense committees in advance that the planned Army force structure change must be implemented immediately for reasons of military urgency.

(d) Definition of Significant Change to Army Force Structure.—In this section, the term "significant change to Army force structure" means—

(1) a change in the number, type, or component of brigade-level organizations or higher-echelon headquarters;

(2) a change in the number or component of theater-level capabilities, such as a multi-domain task force, Terminal High Altitude Area Defense, long range fires unit, or headquarters; or

(3) a permanent or temporary activation or inactivation of an experimental unit or brigade-size or higher task force.

(Added Pub. L. 117–81, div. A, title X, §1044(a)(1), Dec. 27, 2021, 135 Stat. 1904.)

Editorial Notes

Prior Provisions

Prior sections 7102 to 7104 were renumbered sections 8592 to 8594 of this title, respectively.

§7110. Regular Army: strength in grade; general officers

(a) Subject to section 526 of this title, the authorized strength of the Regular Army in general officers on the active-duty list is 75/10,000 of the authorized strength of the Regular Army in commissioned officers on the active-duty list.

(b) The authorized strength of each of the following branches—

(1) each corps of the Army Medical Department; and

(2) the Chaplains;

in general officers on the active-duty list of the Regular Army is 5/1,000 of the authorized strength of the branch concerned in commissioned officers on the active-duty list of the Regular Army. Not more than one-half of the authorized strength in general officers in such a branch may be in a regular grade above brigadier general.

(c) When the application of the percentages and ratios specified in this section results in a fraction, a fraction of one-half or more is counted as one, and a fraction of less than one-half is disregarded.

(Aug. 10, 1956, ch. 1041, 70A Stat. 174, §3210; Pub. L. 85–861, §1(66), Sept. 2, 1958, 72 Stat. 1463; Pub. L. 89–603, §1(2), Sept. 24, 1966, 80 Stat. 846; Pub. L. 90–329, June 4, 1968, 82 Stat. 170; Pub. L. 96–513, title V, §502(5), Dec. 12, 1980, 94 Stat. 2909; Pub. L. 97–22, §5(b), July 10, 1981, 95 Stat. 128; Pub. L. 102–190, div. A, title X, §1061(a)(20)(A), Dec. 5, 1991, 105 Stat. 1473; renumbered §7110, Pub. L. 115–232, div. A, title VIII, §808(b)(1), Aug. 13, 2018, 132 Stat. 1838.)

Historical and Revision Notes
1956 Act

Revised section	Source (U.S. Code)	Source (Statutes at Large)
3210(a)	10:506a(a) (words before 1st semicolon).	Aug. 7, 1947, ch. 512, §503(a), 61 Stat. 885.
3210(b)     3210(c)	10:506a(a) (less words before 1st semicolon, and less provisos). 10:61–1 (1st sentence, as applicable to strength).	June 28, 1950, ch. 383, §308 (1st sentence, as applicable to strength), 64 Stat. 270.
	10:506a(a) (1st, 2d, and 3d provisos).
3210(d)	10:506a(a) (4th proviso).
3210(e)	10:506a(a) (last proviso).

As enacted, section 503(a) of the Officer Personnel Act of 1947 (10:506a(a)), provided, subject to certain percentage limitations, for the following authorized strength of the Regular Army in general officers on the active list:

Medical Corps	16
Dental Corps	4
Veterinary Corps	1
The Chaplains	2
Army, exclusive of the above	334
Total	357

Under section 208(e) of the National Security Act of 1947 (5 U.S.C. 626c(e)), allocations of those authorized strengths were made between the Army and the Air Force as follows:

	Army	Air Force
Medical Corps	12	4
Dental Corps	3	1
Veterinary Corps	1	0
The Chaplains	1	1
Army and Air Force, exclusive of the above	184	150
Total	201	156

After the enactment of the Officer Personnel Act of 1947, section 308 of the Army Organization Act of 1950 (10:61–1) provided for an Assistant Judge Advocate General and three brigadier generals in the Judge Advocate General's Corps of the Army. The creation of these four general officer spaces served to increase the mentioned authorized strength figure from 357 to 361, and the figure 201 to 205. The opinion of the Judge Advocate General of the Army (JAGA 1948/5806, 2 Sept. 1948) is in accord with that conclusion.

The revised section reflects the authorized strength of the Regular Army in general officers on the active list resulting from the mentioned allocation to the Air Force and the addition of four general officer spaces in the Judge Advocate General's Corps.

That allocation, and those mentioned in the explanation of [former] subsection (c), below, have had the force of law since July 26, 1950, when the period for transfers, including the administrative authority to change these allocations, expired.

The word "regular" is substituted for the word "permanent" throughout the revised section.

In subsection (c), 10:506a(a) (1st proviso) is omitted, since there is no authority to appoint to a Regular grade above major general. 10:506a(a) (last 65 words of 2d proviso) is omitted as executed by the declaration of a national emergency on December 16, 1950.

In subsection (c)(1), the figures "12" and "6" result from the allocation of the original figures "16" and "8".

In subsection (c)(2), the figures "3" and "2" result from the allocation of the original figures "4" and "2".

In subsection (c)(3), the figure "1" results from the allocation of the original figure "1". None was allocated to the Air Force.

In subsection (c)(4), the figure "1" results from the allocation of the original figures "2" and "1". (The major general was allocated to the Army, the brigadier general to the Air Force.)

In subsection (c)(5), the figures "188" and "94" result from the allocation of the original figures "334" and "167". The allocation of 188 corresponds to the allotment made by the Secretary of War between the Air Corps and the Army exclusive of the Air Corps, the Medical Department, and the Chaplains, under 10:506a(a) (3d proviso). That proviso is omitted as executed.

In subsection (e), the words "by law to hold any civil office under the United States" are substituted for the words "by Acts of Congress to hold appointments in the Diplomatic or Consular Service of the Government or to hold any civil office under the Government".

1958 Act

Revised section	Source (U.S. Code)	Source (Statutes at Large)
3210(a)	10 App.:506a(a)(1) (less 3d, 4th, 5th, and last sentences).	July 20, 1956, ch. 646, §302 (1st par.), 70 Stat. 587.
3210(b)	10 App.:506a(a)(1) (3d and 4th sentences).
3210(c)	10 App.:506a(a)(1) (5th sentence).
3210(d)	10 App.:506a(a)(1) (last sentence).

In subsection (a), the words "Subject to section 3202(a) of this title" are inserted for clarity.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 3210 of this title as this section.

1991—Subsec. (a). Pub. L. 102–190 substituted "section 526" for "section 3202(a)".

1981—Subsec. (a). Pub. L. 97–22 struck out ", exclusive of the number authorized for the Army Medical Department and the Chaplains," before "is 75/10,000".

Pub. L. 97–22, which directed amendment of subsec. (a) by striking out ", exclusive of the number of commissioned officers on the active-duty list authorized for the Army Medical Department and the Chaplains", was executed by striking out ", exclusive of the number of commissioned officers on the active list authorized for the Army Medical Department and the Chaplains" before period at end of first sentence, to reflect the probable intent of Congress. See 1980 Amendment note and Effective Date of 1980 Amendment note below.

1980—Subsec. (a). Pub. L. 96–513, §502(5)(A), (B), substituted "active-duty list" for "active list" wherever appearing and struck out provisions that, of the authorized strength, not more than one-half could be in a regular grade above brigadier general.

Subsec. (b). Pub. L. 96–513, §502(5)(A), (C), substituted "active-duty list" for "active list" wherever appearing and substituted paragraphed references to "(1) each corps of the Army Medical Department" and "(2) the Chaplains" for former paragraphed references to "(1) The Medical Corps", "(2) the Dental Corps", "(3) the Veterinary Corps", and "(4) the Chaplains".

Subsecs. (d), (e). Pub. L. 96–513, §502(5)(D), struck out subsec. (d) which provided that general officers on the active list of the Regular Army who were specifically authorized by law to hold a civil office under the United States or any instrumentality thereof were not counted in determining authorized strength under this section and subsec. (e) which had provided that the authorized strength of the Medical Service Corps in general officers on the active list of the Regular Army was one commissioned officer in the regular grade of brigadier general.

1968—Subsec. (a). Pub. L. 90–329 substituted "Army Medical Department" for "Army Medical Service" in two places.

1966—Subsec. (e). Pub. L. 89–603 added subsec. (e).

1958—Subsec. (a). Pub. L. 85–861, §1(66)(A), substituted "Subject to section 3202(a) of this title, the" for "The".

Subsecs. (c) to (e). Pub. L. 85–861, §1(66)(B), struck out subsec. (c) which prescribed the number of general officers authorized for the active list of the Regular Army, and redesignated subsecs. (d) and (e) as (c) and (d), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.