10 U.S.C. § 7101 — Untitled legal text

Page 3000 TITLE 10—ARMED FORCES § 7101 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 Plan- ning Guidance issued by the Secretary of De- fense. (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 struc- ture’’ means the aggregation of billets describ- ing 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 ‘‘(begin- ning 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 pro- vided 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 fol- lowing: (1) The justification for the planned change. (2) A description of the details of the planned change and timing for implementa- tion. (3) A description of the operational implica- tions of the planned change. (4) The estimated costs of such change. (c) EXCEPTION.—The notification requirement under subsection (a) shall not apply if the Sec- retary of Defense certifies to the congressional defense committees in advance that the planned Army force structure change must be imple- mented immediately for reasons of military ur- gency. (d) DEFINITION OF SIGNIFICANT CHANGE TO ARMY FORCE STRUCTURE.—In this section, the term ‘‘significant change to Army force struc- ture’’ means— (1) a change in the number, type, or compo- nent of brigade-level organizations or higher- echelon headquarters; (2) a change in the number or component of theater-level capabilities, such as a multi-do- main task force, Terminal High Altitude Area Defense, long range fires unit, or head- quarters; or (3) a permanent or temporary activation or inactivation of an experimental unit or bri- gade-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 au- thorized strength of the Regular Army in gen- eral 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 fol- lowing branches— (1) each corps of the Army Medical Depart- ment; 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 commis- sioned 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 briga- dier 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 count- ed as one, and a fraction of less than one-half is disregarded.