
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 501(b)]
[CITE: 10USC521]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
         CHAPTER 32--OFFICER STRENGTH AND DISTRIBUTION IN GRADE
 
Sec. 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.
    (b) Under regulations prescribed by the Secretary of Defense, the 
Secretary of each military department may, for an armed force under his 
jurisdiction, prescribe the strength of any category of officers that 
may serve on active duty.

(Added Pub. L. 96-513, title I, Sec. 103, Dec. 12, 1980, 94 Stat. 2841; 
amended Pub. L. 102-190, div. A, title XI, Sec. 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 [now 12241], 598 [now 12242], 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.''


                             Effective Date

    Chapter effective Sept. 15, 1981, but the authority to prescribe 
regulations under this chapter effective Dec. 12, 1980, see section 701 
of Pub. L. 96-513, set out as an Effective Date of 1980 Amendment note 
under section 101 of this title.


  Transition Provisions Under Defense Officer Personnel Management Act

    For provisions to prevent extinction or premature termination of 
rights, duties, penalties, or proceedings that existed or were begun 
prior to the effective date of Pub. L. 96-513 and otherwise to allow for 
an orderly transition to the system of officer personnel management put 
in place under Pub. L. 96-513, see section 601 et seq. of Pub. L. 96-
513, set out as a note under section 611 of this title.


    Evaluation of Effects of Officer Strength Reductions on Officer 
                      Personnel Management Systems

    Pub. L. 102-484, div. A, title V, Sec. 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.''


                  Strength of Active Duty Officer Corps

    Pub. L. 100-456, div. A, title IV, Sec. 402(c), Sept. 29, 1988, 102 
Stat. 1963, provided that:
    ``(1) The number of officers serving on active duty (excluding 
officers in categories specified in paragraph (2)) as of September 30, 
1990, may not exceed--
        ``(A) in the case of the Army, 106,427; and
        ``(B) in the case of the Air Force, 102,438.
    ``(2) Officers in the categories described in section 403(b) of the 
National Defense Authorization Act for Fiscal Year 1987 [Pub. L. 99-661, 
set out below] shall be excluded in counting officers under this 
subsection.''
    Pub. L. 100-180, div. A, title IV, Sec. 402, Dec. 4, 1987, 101 Stat. 
1081, as amended by Pub. L. 100-456, div. A, title IV, Sec. 402(b), 
Sept. 29, 1988, 102 Stat. 1963, provided that:
    ``(a) Authority To Increase for Fiscal Year 1988.--Subject to 
subsection (b), the Secretary of Defense may increase by not more than 1 
percentage point (to not more than 98 percent) the percentage limitation 
prescribed in section 403(a) of the National Defense Authorization Act 
for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3859) [set out below] 
applicable to the total number of commissioned officers of the Army, 
Navy, Air Force, and Marine Corps that may be serving on active duty as 
of September 30, 1988.
    ``(b) Certification and Report.--The Secretary may exercise the 
authority under subsection (a) only if--
        ``(1) the Secretary makes a determination that such increase is 
    necessary in order to avoid severe personnel management problems in 
    the Army, Navy, Air Force, and Marine Corps during fiscal year 1988 
    and certifies such determination to the Committees on Armed Services 
    of the Senate and the House of Representatives; and
        ``(2) the Secretary submits to those Committees with such 
    certification a report providing legislative recommendations for 
    temporary changes in chapter 36 of title 10, United States Code, and 
    other provisions of law enacted by the Defense Officer Personnel 
    Management Act (Public Law 96-513) [see Tables for classification] 
    that the Secretary considers necessary in order to implement the 
    required officer reductions under such section 403 [set out below] 
    with the least possible adverse effect on the Armed Forces.''
    Pub. L. 99-661, div. A, title IV, Sec. 403, Nov. 14, 1986, 100 Stat. 
3859, as amended by Pub. L. 100-456, div. A, title IV, Sec. 402(a), 
Sept. 29, 1988, 102 Stat. 1963; Pub. L. 101-189, div. A, title VI, 
Sec. 653(e)(2), Nov. 29, 1989, 103 Stat. 1463; Pub. L. 103-337, div. A, 
title XVI, Sec. 1677(e), Oct. 5, 1994, 108 Stat. 3020, provided that:
    ``(a) Reduction in Size of Officer Corps.--On and after each of the 
dates set forth in column 1 of the following table, the total number of 
commissioned officers serving on active duty in the Army, Navy, Air 
Force, and Marine Corps (excluding officers in categories specified in 
subsection (b)) may not exceed the percentage, set forth in column 2 
opposite such date, of the total number of commissioned officers serving 
on active duty as of September 30, 1986 (excluding officers in 
categories specified in subsection (b)):

------------------------------------------------------------------------
             Column 1                             Column 2
------------------------------------------------------------------------
                                      Percentage of total commissioned
          On and after:             officers serving on  active duty as
                                          of  September 30, 1986:
------------------------------------------------------------------------
September 30, 1987...............                    99
September 30, 1988...............                    97
------------------------------------------------------------------------


    ``(b) Exclusions.--In computing the authorized strength of 
commissioned officers under subsection (a), officers in the following 
categories shall be excluded:
        ``(1) Reserve officers--
            ``(A) on active duty for training;
            ``(B) on active duty under section 10148(a), 10211, 10302 
        through 10305, 12301(a), or 12402 of title 10, United States 
        Code, or under section 708 of title 32, United States Code;
            ``(C) on active duty under section 12301(d) of title 10, 
        United States Code, in connection with organizing, 
        administering, recruiting, instructing, or training the reserve 
        components or the National Guard;
            ``(D) on active duty to pursue special work;
            ``(E) ordered to active duty under section 12304 of title 
        10, United States Code; or
            ``(F) on full-time National Guard duty.
        ``(2) Retired officers on active duty under a call or order to 
    active duty for 180 days or less.
        ``(3) Reserve or retired officers on active duty under section 
    10(b)(2) of the Military Selective Service Act (50 U.S.C. App. 
    460(b)(2)) for the administration of the Selective Service System.
    ``(c) Apportionment of Reductions by Secretary of Defense.--The 
Secretary of Defense shall apportion the reductions in the number of 
commissioned officers serving on active duty required by subsection (a) 
among the Army, Navy, Air Force, and Marine Corps. Not later than 
February 1 of each fiscal year in which reductions are required under 
subsection (a), the Secretary shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on the 
manner in which the reductions have been or are to be apportioned for 
that fiscal year and for the next fiscal year for which such reductions 
are required.''
