10 U.S.C. § 981

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 981 - Limitation on number of enlisted aides
(a) Subject to subsection (b), the total number of enlisted members that may be assigned or otherwise detailed to duty as enlisted aides on the personal staffs of officers of the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard (when operating as a service of the Navy) during a fiscal year is the number equal to the sum of (1) four times the number of officers serving on active duty at the end of the preceding fiscal year in the grade of general or admiral, and (2) two times the number of officers serving on active duty at the end of the preceding fiscal year in the grade of lieutenant general or vice admiral.
(b) Not more than 300 enlisted members may be assigned to duty at any time as enlisted aides for officers of the Army, Navy, Air Force, Marine Corps, and Space Force.
(c) Not later than March 1 of each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report-
(1) specifying the number of enlisted aides authorized and allocated for general officers and flag officers of the Army, Navy, Air Force, Marine Corps, Space Force, and joint pool as of September 30 of the previous year; and
(2) justifying, on a billet-by-billet basis, the authorization and assignment of each enlisted aide to each general officer and flag officer position.

10 U.S.C. § 981

Added Pub. L. 98-525, title XIV, §1401(c)(1), Oct. 19, 1984, 98 Stat. 2615; amended Pub. L. 113-291, div. A, title V, §504(a), Dec. 19, 2014, 128 Stat. 3355; Pub. L. 118-31, div. A, title XVII, §1741(b)(4), Dec. 22, 2023, 137 Stat. 680.

EDITORIAL NOTES

PRIOR PROVISIONSProvisions similar to those in subsec. (a) of this section were contained in Pub. L. 94-106, title VIII, §820(a), Oct. 7, 1975, 89 Stat. 544, prior to repeal by Pub. L. 98-525, §§1403(c), 1404, eff. Oct. 1, 1985. Provisions similar to those in subsec. (b) of this section were contained in the following appropriation acts:Pub. L. 98-473, title I, §101(h)[title VIII, §8034], Oct. 12, 1984, 98 Stat. 1904, 1930.Pub. L. 98-212, title VII, §742, Dec. 8, 1983, 97 Stat. 1446.Pub. L. 97-377, title I, §101(c)[title VII, §745], Dec. 21, 1982, 96 Stat. 1833, 1858.Pub. L. 97-114, title VII, §746, Dec. 29, 1981, 95 Stat. 1586.Pub. L. 96-527, title VII, §747, Dec. 15, 1980, 94 Stat. 3089.Pub. L. 96-154, title VII, §748, Dec. 21, 1979, 93 Stat. 1160.Pub. L. 95-457, title VIII, §848, Oct. 13, 1978, 92 Stat. 1252.Pub. L. 95-111, title VIII, §849, Sept. 21, 1977, 91 Stat. 908.Pub. L. 94-419, title VII, §748, Sept. 22, 1976, 90 Stat. 1299. Pub. L. 94-212, title VII, §745, Feb. 9, 1976, 90 Stat. 175.Pub. L. 93-437, title VIII, §848, Oct. 8, 1974, 88 Stat. 1232.

AMENDMENTS2023-Subsec. (a). Pub. L. 118-31, §1741(b)(4)(A), substituted "Air Force, Marine Corps, Space Force," for "Marine Corps, Air Force,".Subsec. (b). Pub. L. 118-31, §1741(b)(4)(B), substituted "Marine Corps, and Space Force" for "and Marine Corps". Subsec. (c)(1). Pub. L. 118-31, §1741(b)(4)(C), inserted "Space Force," after "Marine Corps,".2014-Subsec. (c). Pub. L. 113-291 added subsec. (c).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98-525, set out as a note under section 520b of this title.

TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (c) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114-328, set out as a note under section 111 of this title.

TRANSFER OF FUNCTIONSFor transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

active duty
The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
flag officer
The term "flag officer" means an officer of the Navy or Coast Guard serving in or having the grade of admiral, vice admiral, rear admiral, or rear admiral (lower half).
general officer
The term "general officer" means an officer of the Army, Air Force, Marine Corps, or Space Force serving in or having the grade of general, lieutenant general, major general, or brigadier general.
grade
The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.