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10 U.S.C. § 7101 — Officers on active duty: minimum strength based on requirements
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section115/a/1&num=0&edition=prelim).
**(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.
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Source file: Laws/federal/codes/united-states-code/title-10/section-7101-officers-on-active-duty-minimum-strength-based-on-requirements--9adf85c79e.md
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Source location: Title 10, Chapter 711, § 7101; chapter-711-strength.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section115/a/1&num=0&edition=prelim).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in sections 3203, 3204(a), and 3205 of this title and except in the case of procurement procedures otherwise expressly authorized by statute, the head of an agency in conducting a procurement for property or services—
(1) shall obtain full and open competition through the use of competitive procedures in accordance with the requirements of this section and sections 3069, 3203, 3204, 3205, 3403, 3405, 3406, 3901, 4501, and 4502 of this title and the Federal Acquisition Regulation; and
(2) shall use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
**(b) Determination of Appropriate Competitive Procedures.—** In determining the competitive procedure appropriate under the circumstances, the head of an agency—
(1) shall solicit sealed bids if—
(A) time permits the solicitation, submission, and evaluation of sealed bids;
(B) the award will be made on the basis of price and other price-related factors;
(C) it is not necessary to conduct discussions with the responding sources about their bids; and
(D) there is a reasonable expectation of receiving more than one sealed bid; and
(2) shall request competitive proposals if sealed bids are not appropriate under paragraph (1).
**(c) Efficient Fulfillment of Government Requirements.—** The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Government’s requirements.
**(d) Certain Purchases or Contracts to Be Treated as if Made With Sealed-bid Procedures.—** For the purposes of the following, purchases or contracts awarded after using procedures other than seale
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Under regulations prescribed by the Secretary of the Navy, the President of the Naval War College may, upon the recommendation of the faculty of the Naval War College components, confer appropriate degrees upon graduates who meet the degree requirements.
**(b) Limitation.—** A degree may not be conferred under this section unless—
(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
(2) the Naval War College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
**(c) Congressional Notification Requirements.—**
(1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—
(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and
(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.
(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.
(3) The Secretary of Def
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8591
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Federal law — U.S. Code and appendices · legal_authorities
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
tit
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 7101
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