10 U.S.C. § 7101

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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.

10 U.S.C. § 7101

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

AMENDMENTS2018- 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)."

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.