§981 — Title 10 Armed Forces | U.S. Code

Summary

Limits how many enlisted members can serve as personal aides to top officers. For a fiscal year, the total allowed equals four times the number of active-duty generals or admirals at the end of the prior fiscal year, plus two times the number of active-duty lieutenant generals or vice admirals at that same date. That rule covers the Army, Navy, Air Force, Marine Corps, Space Force, and the Coast Guard when it serves with the Navy. No more than 300 enlisted aides may serve at any time for the Army, Navy, Air Force, Marine Corps, and Space Force. By March 1 each year, the Secretary of Defense must give the Senate and House Armed Services Committees a report showing how many aides were authorized and assigned for generals and flag officers as of September 30 of the prior year (including the joint pool) and must justify each aide assignment job by job.

Title 10, §981

Armed Forces — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions 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.

Amendments

2023—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 RequirementsFor 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 Functions

For 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 section 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.

§981 Limitation on Number of Enlisted Aides