US (United States) Code. Title 10. Subtitle A. Part II. Chapter 32: Officer strength and distribution in grade

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 32 - OFFICER STRENGTH AND DISTRIBUTION IN

GRADE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 32 - OFFICER STRENGTH AND DISTRIBUTION IN GRADE

.

-HEAD-

CHAPTER 32 - OFFICER STRENGTH AND DISTRIBUTION IN GRADE

-MISC1-

Sec.

521. Authority to prescribe total strengths of officers on active

duty and officer strengths in various categories.

522. Authorized total strengths: regular commissioned officers on

active duty.

523. Authorized strengths: commissioned officers on active duty in

grades of major, lieutenant colonel, and colonel and Navy grades

of lieutenant commander, commander, and captain.

(524. Renumbered.)

525. Distribution of commissioned officers on active duty in

general officer and flag officer grades.

526. Authorized strength: general and flag officers on active duty.

527. Authority to suspend sections 523, 525, and 526.

(528. Repealed.)

AMENDMENTS

2001 - Pub. L. 107-107, div. A, title V, Sec. 501(b), Dec. 28,

2001, 115 Stat. 1079, struck out item 528 ''Limitation on number of

officers on active duty in grades of general and admiral''.

1994 - Pub. L. 103-337, div. A, title IV, Sec. 405(b)(2), title

XVI, Sec. 1671(b)(4), Oct. 5, 1994, 108 Stat. 2745, 3013, struck

out item 524 ''Authorized strengths: reserve officers on active

duty or on full-time National Guard duty for administration of the

reserves or the National Guard in grades of major, lieutenant

colonel, and colonel and Navy grades of lieutenant commander,

commander, and captain'', struck out ''524,'' after ''523,'' in

item 527, and added item 528.

1988 - Pub. L. 100-370, Sec. 1(b)(3), July 19, 1988, 102 Stat.

840, struck out former item 526 ''Authority to suspend sections

523, 524, and 525'', and added items 526 and 527.

1984 - Pub. L. 98-525, title IV, Sec. 414(a)(4)(B)(ii), inserted

references to the National Guard and to full-time National Guard

duty in item 524.

-CITE-

10 USC Sec. 521 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 32 - OFFICER STRENGTH AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 521. Authority to prescribe total strengths of officers on

active duty and officer strengths in various categories

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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

On and after: commissioned 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.''

-CITE-

10 USC Sec. 522 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 32 - OFFICER STRENGTH AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 522. Authorized total strengths: regular commissioned officers

on active duty

-STATUTE-

The authorized strengths of the Army, Navy, Air Force, and Marine

Corps in regular officers (other than retired officers) in grades

above chief warrant officer, W-5, are as follows:

Army 63,000

Navy 55,000

Air Force 80,000

Marine Corps 17,000

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 103, Dec. 12, 1980, 94 Stat.

2841; amended Pub. L. 98-525, title V, Sec. 522, Oct. 19, 1984, 98

Stat. 2523; Pub. L. 102-190, div. A, title XI, Sec. 1131(1)(B),

Dec. 5, 1991, 105 Stat. 1505.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-190 substituted ''chief warrant officer,

W-5,'' for ''chief warrant officer (W-4)''.

1984 - Pub. L. 98-525 increased number limit for regular officers

in the Navy, Air Force, and Marine Corps to 55,000, 80,000, and

17,000 from 48,000, 69,425, and 13,000, respectively. The number

limit for the Army remained unchanged.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section

1132 of Pub. L. 102-190, set out as a note under section 521 of

this title.

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10 USC Sec. 523 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 32 - OFFICER STRENGTH AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 523. Authorized strengths: commissioned officers on active

duty in grades of major, lieutenant colonel, and colonel and

Navy grades of lieutenant commander, commander, and captain

-STATUTE-

(a)(1) Except as provided in subsection (c), of the total number

of commissioned officers serving on active duty in the Army, Air

Force, or Marine Corps at the end of any fiscal year (excluding

officers in categories specified in subsection (b)), the number of

officers who may be serving on active duty in each of the grades of

major, lieutenant colonel, and colonel may not, as of the end of

such fiscal year, exceed a number determined in accordance with the

following table:

---------------------------------------------------------------------

Number of officers who may be serving on a

----------------

duty in the grade of:

----------------

Total number of:Major :Lieutenant :Colonel

commissioned : : Colonel :

officers : : :

(excluding : : :

officers in : : :

categories : : :

specified in : : :

subsection : : :

(b)) on active: : :

duty: : : :

---------------------------------------------------------------------

Army: : : :

20,000 :6,848 :5,253 :1,613

25,000 :7,539 :5,642 :1,796

30,000 :8,231 :6,030 :1,980

35,000 :8,922 :6,419 :2,163

40,000 :9,614 :6,807 :2,347

45,000 :10,305 :7,196 :2,530

50,000 :10,997 :7,584 :2,713

55,000 :11,688 :7,973 :2,897

60,000 :12,380 :8,361 :3,080

65,000 :13,071 :8,750 :3,264

70,000 :13,763 :9,138 :3,447

75,000 :14,454 :9,527 :3,631

80,000 :15,146 :9,915 :3,814

85,000 :15,837 :10,304 :3,997

90,000 :16,529 :10,692 :4,181

95,000 :17,220 :11,081 :4,364

100,000 :17,912 :11,469 :4,548

110,000 :19,295 :12,246 :4,915

120,000 :20,678 :13,023 :5,281

130,000 :22,061 :13,800 :5,648

170,000 :27,593 :16,908 :7,116

Air Force: : : :

35,000 :9,216 :7,090 :2,125

40,000 :10,025 :7,478 :2,306

45,000 :10,835 :7,866 :2,487

50,000 :11,645 :8,253 :2,668

55,000 :12,454 :8,641 :2,849

60,000 :13,264 :9,029 :3,030

65,000 :14,073 :9,417 :3,211

70,000 :14,883 :9,805 :3,392

75,000 :15,693 :10,193 :3,573

80,000 :16,502 :10,582 :3,754

85,000 :17,312 :10,971 :3,935

90,000 :18,121 :11,360 :4,115

95,000 :18,931 :11,749 :4,296

100,000 :19,741 :12,138 :4,477

105,000 :20,550 :12,527 :4,658

110,000 :21,360 :12,915 :4,838

115,000 :22,169 :13,304 :5,019

120,000 :22,979 :13,692 :5,200

125,000 :23,789 :14,081 :5,381

Marine Corps: : : :

10,000 :2,525 :1,480 :571

12,500 :2,900 :1,600 :632

15,000 :3,275 :1,720 :653

17,500 :3,650 :1,840 :673

20,000 :4,025 :1,960 :694

22,500 :4,400 :2,080 :715

25,000 :4,775 :2,200 :735.

-------------------------------

(2) Except as provided in subsection (c), of the total number of

commissioned officers serving on active duty in the Navy at the end

of any fiscal year (excluding officers in categories specified in

subsection (b)), the number of officers who may be serving on

active duty in each of the grades of lieutenant commander,

commander, and captain may not, as of the end of such fiscal year,

exceed a number determined in accordance with the following table:

---------------------------------------------------------------------

Number of officers who may be serving on a

----------------

duty in grade of:

----------------

Total number of:Lieutenant :Commander :Captain

commissioned : commander : :

officers : : :

(excluding : : :

officers in : : :

categories : : :

specified in : : :

subsection : : :

(b)) on active: : :

duty: : : :

---------------------------------------------------------------------

Navy: : : :

30,000 :7,331 :5,018 :2,116

33,000 :7,799 :5,239 :2,223

36,000 :8,267 :5,460 :2,330

39,000 :8,735 :5,681 :2,437

42,000 :9,203 :5,902 :2,544

45,000 :9,671 :6,123 :2,651

48,000 :10,139 :6,343 :2,758

51,000 :10,606 :6,561 :2,864

54,000 :11,074 :6,782 :2,971

57,000 :11,541 :7,002 :3,078

60,000 :12,009 :7,222 :3,185

63,000 :12,476 :7,441 :3,292

66,000 :12,944 :7,661 :3,398

70,000 :13,567 :7,954 :3,541

90,000 :16,683 :9,419 :4,254.

-------------------------------

(3) If the total number of commissioned officers serving on

active duty in an armed force (excluding officers in categories

specified in subsection (b)) is between any two consecutive figures

listed in the first column of the appropriate table in paragraph

(1) or (2), the corresponding authorized strengths for each of the

grades shown in that table for that armed force are determined by

mathematical interpolation between the respective numbers of the

two strengths. If the total number of commissioned officers

serving on active duty in an armed force (excluding officers in

categories specified in subsection (b)) is greater or less than the

figures listed in the first column of the appropriate table in

paragraph (1) or (2), the Secretary concerned shall fix the

corresponding strengths for the grades shown in that table in the

same proportion as reflected in the nearest limit shown in the

table.

(b) Officers in the following categories shall be excluded in

computing and determining authorized strengths under this section:

(1) Reserve officers -

(A) on active duty for training;

(B) on active duty under section 10211, 10302 through 10305,

or 12402 of this title or under section 708 of title 32;

(C) on active duty under section 12301(d) of this title in

connection with organizing, administering, recruiting,

instructing, or training the reserve components;

(D) on active duty to pursue special work;

(E) ordered to active duty under section 12304 of this title;

or

(F) on full-time National Guard duty.

(2) General and flag officers.

(3) Medical officers.

(4) Dental officers.

(5) Warrant officers.

(6) Retired officers on active duty under a call or order to

active duty for 180 days or less.

(7) 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) Whenever the number of officers serving in any grade is less

than the number authorized for that grade under this section, the

difference between the two numbers may be applied to increase the

number authorized under this section for any lower grade.

(d) An officer may not be reduced in grade, or have his pay or

allowances reduced, because of a reduction in the number of

commissioned officers authorized for his grade under this section.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 103, Dec. 12, 1980, 94 Stat.

2842; amended Pub. L. 98-525, title IV, Sec. 414(a)(3), Oct. 19,

1984, 98 Stat. 2518; Pub. L. 99-145, title V, Sec. 511(a), Nov. 8,

1985, 99 Stat. 623; Pub. L. 99-433, title V, Sec. 531(a)(1), Oct.

1, 1986, 100 Stat. 1063; Pub. L. 102-190, div. A, title IV, Sec.

431, Dec. 5, 1991, 105 Stat. 1354; Pub. L. 103-337, div. A, title

XVI, Sec. 1673(c)(3), Oct. 5, 1994, 108 Stat. 3014; Pub. L.

104-201, div. A, title IV, Sec. 403(a), (b), Sept. 23, 1996, 110

Stat. 2504, 2505; Pub. L. 107-314, div. A, title IV, Sec. 406,

Dec. 2, 2002, 116 Stat. 2526.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-314, in table, increased

number of officers authorized to serve on active duty in the Marine

Corps in the grade of Colonel to 571, 632, 653, 673, 694, 715, and

735 from 571, 592, 613, 633, 654, 675, and 695, respectively.

1996 - Subsec. (a)(1). Pub. L. 104-201, Sec. 403(a), amended

table generally, expanding the range of numbers of commissioned

officers covered and extensively revising the numbers in each grade

covered.

Subsec. (a)(2). Pub. L. 104-201, Sec. 403(b), amended table

generally, expanding the range of numbers of commissioned officers

covered and extensively revising the numbers in each grade covered.

1994 - Subsec. (b)(1)(B). Pub. L. 103-337, Sec. 1671(c)(3)(A),

substituted ''10211, 10302 through 10305, or 12402'' for ''265,

3021, 3496, 5251, 5252, 8021, or 8496''.

Subsec. (b)(1)(C). Pub. L. 103-337, Sec. 1671(c)(3)(B),

substituted ''12301(d)'' for ''672(d)''.

Subsec. (b)(1)(E). Pub. L. 103-337, Sec. 1671(c)(3)(C),

substituted ''12304'' for ''673b''.

1991 - Subsec. (a)(1). Pub. L. 102-190, in table, decreased

numbers of officers authorized to serve on active duty in the Air

Force in the grade of Colonel to 3,392, 3,573, 3,754, 3,935, 4,115,

4,296, 4,477, 4,658, 4,838, 5,019, 5,200, and 5,381 from 3,642,

3,823, 4,004, 4,185, 4,365, 4,546, 4,727, 4,908, 5,088, 5,269,

5,450, and 5,631, respectively.

1986 - Subsec. (b)(1)(B). Pub. L. 99-433 substituted ''3021'' and

''8021'' for ''3033'' and ''8033'', respectively.

1985 - Subsec. (a)(1). Pub. L. 99-145 increased fiscal year

limitation on authorized number of Marine Corps majors to 2,766,

3,085, 3,404, 3,723, and 4,042 from 2,717, 2,936, 3,154, 3,373, and

3,591, respectively.

1984 - Subsec. (b)(1)(C). Pub. L. 98-525, Sec. 414(a)(3)(A),

struck out ''or section 502 or 503 of title 32'' after ''section

672(d) of this title''.

Subsec. (b)(1)(F). Pub. L. 98-525, Sec. 414(a)(3)(B)-(D), added

subpar. (F).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 403(d) of Pub. L. 104-201 provided that: ''The amendments

made by subsections (a), (b), and (c) (amending this section and

repealing provisions set out as notes below) shall take effect on

September 1, 1997.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 511(b) of Pub. L. 99-145 provided that: ''The amendments

made by subsection (a) (amending this section) shall take effect on

October 1, 1985.''

TEMPORARY VARIATION IN DOPMA AUTHORIZED END STRENGTH LIMITATIONS

FOR ACTIVE DUTY AIR FORCE AND NAVY OFFICERS IN CERTAIN GRADES

Pub. L. 104-106, div. A, title IV, Sec. 402, Feb. 10, 1996, 110

Stat. 286, provided that the numbers of officers of the Air Force

authorized under subsec. (a)(1) of this section to be serving on

active duty in the grades of major, lieutenant colonel, and colonel

for fiscal years 1996 and 1997 and the numbers of officers in the

Navy authorized under subsec. (a)(2) of this section to be serving

on active duty in the grades of lieutenant commander, commander,

and captain for fiscal years 1996 and 1997 were limited to numbers

in tables, prior to repeal by Pub. L. 104-201, div. A, title IV,

Sec. 403(c)(3), Sept. 23, 1996, 110 Stat. 2506.

TEMPORARY VARIATION OF END STRENGTH LIMITATIONS FOR ARMY MAJORS AND

LIEUTENANT COLONELS

Section 402 of Pub. L. 103-337 provided that number of officers

of the Army authorized under subsec. (a)(1) of this section to be

serving on active duty in grades of major and lieutenant colonel

for fiscal years 1995 through 1997 was limited to numbers set forth

in table prior to repeal by Pub. L. 104-201, div. A, title IV,

Sec. 403(c)(2), Sept. 23, 1996, 110 Stat. 2506.

TEMPORARY VARIATION OF END STRENGTH LIMITATIONS FOR MARINE CORPS

MAJORS AND LIEUTENANT COLONELS

Pub. L. 103-160, div. A, title IV, Sec. 402, Nov. 30, 1993, 107

Stat. 1639, as amended by Pub. L. 103-337, div. A, title IV, Sec.

403, Oct. 5, 1994, 108 Stat. 2743, provided that number of officers

of the Marine Corps authorized under subsec. (a)(1) of this section

to be serving on active duty in grades of major and lieutenant

colonel for fiscal years 1994 through 1997 was limited to numbers

set forth in table prior to repeal by Pub. L. 104-201, div. A,

title IV, Sec. 403(c)(1), Sept. 23, 1996, 110 Stat. 2505.

TEMPORARY INCREASE IN OFFICER GRADE LIMITATIONS

Pub. L. 101-189, div. A, title IV, Sec. 403, Nov. 29, 1989, 103

Stat. 1431, authorized the Secretary of Defense, until Sept. 30,

1991, to increase the strength-in-grade limitations specified in

subsec. (a) of this section by a total of 250 positions, to be

distributed among grades and services as the Secretary considers

appropriate and directed the Secretary to submit to Congress a

comprehensive report on the adequacy of the strength-in-grade

limitations prescribed in subsec. (a) of this section.

TEMPORARY REDUCTION IN NUMBER OF AIR FORCE COLONELS

Pub. L. 101-189, div. A, title IV, Sec. 402, Nov. 29, 1989, 103

Stat. 1431, as amended by Pub. L. 101-510, div. A, title IV, Sec.

404, Nov. 5, 1990, 104 Stat. 1545, provided that the number of

officers authorized under subsec. (a) of this section to be serving

on active duty in the Air Force in the grade of colonel during

fiscal year 1992 was reduced by 250.

Pub. L. 100-456, div. A, title IV, Sec. 403, Sept. 29, 1988, 102

Stat. 1963, provided that the number of officers authorized under

this section to be serving on active duty in the Air Force in the

grade of colonel during fiscal year 1989 was reduced by 125, and

the number of such officers authorized to be serving on active duty

during fiscal year 1990 was reduced by 250.

CEILINGS ON COMMISSIONED OFFICERS ON ACTIVE DUTY

Pub. L. 95-79, title VIII, Sec. 811(a), July 30, 1977, 91 Stat.

335, as amended by Pub. L. 96-107, title VIII, Sec. 817, Nov. 9,

1979, 93 Stat. 818; Pub. L. 96-342, title X, Sec. 1003, Sept. 8,

1980, 94 Stat. 1120; Pub. L. 97-86, title VI, Sec. 602, Dec. 1,

1981, 95 Stat. 1110, which provided that after Oct. 1, 1981, the

total number of commissioned officers on active duty in the Army,

Air Force, and Marine Corps above the grade of colonel, and on

active duty in the Navy above the grade of captain, could not

exceed 1,073, and that in time of war, or of national emergency

declared by Congress, the President could suspend the operation of

this provision, was repealed and restated in section 526 of this

title by Pub. L. 100-370, Sec. 1(b)(1)(B), (4).

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions increasing for the fiscal year ending on Sept. 30,

1981, the maximum number of officers authorized by this section to

be serving on active duty, see section 627 of Pub. L. 96-513, set

out as a note under section 611 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 168, 517, 527, 623, 777,

5721 of this title.

-CITE-

10 USC Sec. 524 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 32 - OFFICER STRENGTH AND DISTRIBUTION IN GRADE

-HEAD-

(Sec. 524. Renumbered Sec. 12011)

-CITE-

10 USC Sec. 525 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 32 - OFFICER STRENGTH AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 525. Distribution of commissioned officers on active duty in

general officer and flag officer grades

-STATUTE-

(a) No appointment may be made in a grade above brigadier general

in the Army, Air Force, or Marine Corps if that appointment would

result in more than 50 percent of the general officers of that

armed force on active duty being in grades above brigadier

general. No appointment may be made in a grade above rear admiral

(lower half) in the Navy if that appointment would result in more

than 50 percent of the flag officers of the Navy on active duty

being in grades above rear admiral (lower half).

(b)(1) No appointment may be made in a grade above major general

in the Army or Air Force if that appointment would result in more

than 15.7 percent of the general officers of that armed force on

active duty being in grades above major general. Of the 15.7

percent of general officers of the Army or Air Force on active duty

who may be serving in grades above major general, not more than 25

percent may be serving in the grade of general.

(2)(A) No appointment may be made in a grade above rear admiral

in the Navy if that appointment would result in more than 15.7

percent of the flag officers of the Navy on active duty being in

grades above rear admiral. Of the 15.7 percent of flag officers on

active duty who may be serving in grades above rear admiral, not

more than 25 percent may be serving in the grade of admiral.

(B) No appointment may be made in a grade above major general in

the Marine Corps if that appointment would result in more than 17.5

percent of the general officers of the Marine Corps on active duty

being in grades above major general.

(3) An officer while serving as Chairman or Vice Chairman of the

Joint Chiefs of Staff or as Chief of Staff to the President, if

serving in the grade of general or admiral, is in addition to the

number that would otherwise be permitted for his armed force for

that grade under paragraph (1) or (2).

(4)(A) An officer while serving in a position designated under

subparagraph (B), if serving in the grade of lieutenant general or

vice admiral, is in addition to the number that would otherwise be

permitted for that officer's armed force for that grade under

paragraph (1) or (2).

(B) The President, with the advice and assistance of the

Secretary of Defense and the Chairman of the Joint Chiefs of Staff,

may designate not more than seven positions within the Joint Staff

(provided for under section 155 of this title) as positions

referred to in subparagraph (A). The authority of the President

under the preceding sentence may not be delegated.

(5)(A) An officer while serving in a position specified in

section 604(b) of this title, if serving in the grade of general or

admiral, is in addition to the number that would otherwise be

permitted for that officer's armed force for officers serving on

active duty in grades above major general or rear admiral, as the

case may be, under the first sentence of paragraph (1) or (2), as

applicable. Any increase by reason of the preceding sentence in

the number of officers of an armed force serving on active duty in

grades above major general or rear admiral may only be realized by

an increase in the number of lieutenant generals or vice admirals,

as the case may be, serving on active duty, and any such increase

may not be construed as authorizing an increase in the limitation

on the total number of general or flag officers for that armed

force under section 526(a) of this title or in the number of

general and flag officers that may be designated under section

526(b) of this title.

(B) Subparagraph (A) does not apply in the case of an officer

serving in such a position if the Secretary of Defense, when

considering officers for recommendation to the President for

appointment to fill the vacancy in that position which was filled

by that officer, did not have a recommendation for that appointment

from each Secretary of a military department who (pursuant to

section 604(a) of this title) was required to make such a

recommendation.

(C) This paragraph shall cease to be effective at the end of

December 31, 2004.

(6) An officer while serving as Chief of the National Guard

Bureau is in addition to the number that would otherwise be

permitted for that officer's armed force for officers serving on

active duty in grades above major general under paragraph (1).

(7) An officer of the Army while serving as Superintendent of the

United States Military Academy, if serving in the grade of

lieutenant general, is in addition to the number that would

otherwise be permitted for the Army for officers serving on active

duty in grades above major general under paragraph (1). An officer

of the Navy or Marine Corps while serving as Superintendent of the

United States Naval Academy, if serving in the grade of vice

admiral or lieutenant general, is in addition to the number that

would otherwise be permitted for the Navy or Marine Corps,

respectively, for officers serving on active duty in grades above

major general or rear admiral under paragraph (1) or (2). An

officer while serving as Superintendent of the United States Air

Force Academy, if serving in the grade of lieutenant general, is in

addition to the number that would otherwise be permitted for the

Air Force for officers serving on active duty in grades above major

general under paragraph (1).

(8) An officer while serving in a position designated by the

Secretary of Defense as Senior Military Assistant to the Secretary

of Defense, if serving in the grade of lieutenant general or vice

admiral, is in addition to the number that otherwise would be

permitted for that officer's armed force for that grade under

paragraph (1) or (2). Only one officer may be designated as Senior

Military Assistant to the Secretary of Defense for purposes of this

paragraph.

(c)(1) Subject to paragraph (3), the President -

(A) may make appointments in the Army, Air Force, and Marine

Corps in the grade of lieutenant general and in the Army and Air

Force in the grade of general in excess of the applicable numbers

determined under subsection (b)(1), and may make appointments in

the Marine Corps in the grade of general in addition to the

Commandant and Assistant Commandant, if each such appointment is

made in conjunction with an offsetting reduction under paragraph

(2); and

(B) may make appointments in the Navy in the grades of vice

admiral and admiral in excess of the applicable numbers

determined under subsection (b)(2) if each such appointment is

made in conjunction with an offsetting reduction under paragraph

(2).

(2) For each appointment made under the authority of paragraph

(1) in the Army, Air Force, or Marine Corps in the grade of

lieutenant general or general or in the Navy in the grade of vice

admiral or admiral, the number of appointments that may be made in

the equivalent grade in one of the other armed forces (other than

the Coast Guard) shall be reduced by one. When such an appointment

is made, the President shall specify the armed force in which the

reduction required by this paragraph is to be made.

(3)(A) The number of officers that may be serving on active duty

in the grades of lieutenant general and vice admiral by reason of

appointments made under the authority of paragraph (1) may not

exceed the number equal to 10 percent of the total number of

officers that may be serving on active duty in those grades in the

Army, Navy, Air Force, and Marine Corps under subsection (b).

(B) The number of officers that may be serving on active duty in

the grades of general and admiral by reason of appointments made

under the authority of paragraph (1) may not exceed the number

equal to 15 percent of the total number of general officers and

flag officers that may be serving on active duty in those grades in

the Army, Navy, Air Force, and Marine Corps.

(4) Upon the termination of the appointment of an officer in the

grade of lieutenant general or vice admiral or general or admiral

that was made in connection with an increase under paragraph (1) in

the number of officers that may be serving on active duty in that

armed force in that grade, the reduction made under paragraph (2)

in the number of appointments permitted in such grade in another

armed force by reason of that increase shall no longer be in

effect.

(d) An officer continuing to hold the grade of general or admiral

under section 601(b)(4) of this title after relief from the

position of Chairman of the Joint Chiefs of Staff, Chief of Staff

of the Army, Chief of Naval Operations, Chief of Staff of the Air

Force, or Commandant of the Marine Corps shall not be counted for

purposes of this section.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 103, Dec. 12, 1980, 94 Stat.

2844; amended Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1,

1981, 95 Stat. 1105; Pub. L. 99-145, title V, Sec. 514(b)(1), Nov.

8, 1985, 99 Stat. 628; Pub. L. 99-433, title II, Sec. 202(a), Oct.

1, 1986, 100 Stat. 1010; Pub. L. 100-180, div. A, title V, Sec.

511(a), Dec. 4, 1987, 101 Stat. 1088; Pub. L. 101-510, div. A,

title IV, Sec. 405, Nov. 5, 1990, 104 Stat. 1546; Pub. L. 103-337,

div. A, title IV, Sec. 405(a), Oct. 5, 1994, 108 Stat. 2744; Pub.

L. 104-106, div. A, title IV, Sec. 403(a), Feb. 10, 1996, 110

Stat. 286; Pub. L. 104-201, div. A, title IV, Sec. 404(b), Sept.

23, 1996, 110 Stat. 2506; Pub. L. 105-261, div. A, title IV, Sec.

404, 406, Oct. 17, 1998, 112 Stat. 1996; Pub. L. 106-65, div. A,

title V, Sec. 509(b), (c), 532(b), Oct. 5, 1999, 113 Stat. 592,

604; Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 507(g)), Oct.

30, 2000, 114 Stat. 1654, 1654A-105; Pub. L. 107-314, div. A,

title IV, Sec. 404(a), (b), 405(b), Dec. 2, 2002, 116 Stat. 2525,

2526.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2)(B). Pub. L. 107-314, Sec. 404(b),

substituted ''17.5 percent'' for ''16.2 percent''.

Subsec. (b)(5)(C). Pub. L. 107-314, Sec. 405(b), substituted

''December 31, 2004'' for ''September 30, 2003''.

Subsec. (b)(8). Pub. L. 107-314, Sec. 404(a), added par. (8).

2000 - Subsec. (b)(1). Pub. L. 106-398, Sec. 1 ((div. A), title

V, Sec. 507(g)(1)), in first sentence, substituted ''Army or Air

Force'' for ''Army, Air Force, or Marine Corps'' and ''15.7

percent'' for ''15 percent'' and, in second sentence, substituted

''Of'' for ''In the case of the Army and Air Force, of'' and ''15.7

percent'' for ''15 percent'' and inserted ''of the Army or Air

Force'' after ''general officers''.

Subsec. (b)(2). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

507(g)(2)), designated existing provisions as subpar. (A),

substituted ''15.7 percent'' for ''15 percent'' in two places, and

added subpar. (B).

1999 - Subsec. (b)(5)(A). Pub. L. 106-65, Sec. 509(c), inserted

at end ''Any increase by reason of the preceding sentence in the

number of officers of an armed force serving on active duty in

grades above major general or rear admiral may only be realized by

an increase in the number of lieutenant generals or vice admirals,

as the case may be, serving on active duty, and any such increase

may not be construed as authorizing an increase in the limitation

on the total number of general or flag officers for that armed

force under section 526(a) of this title or in the number of

general and flag officers that may be designated under section

526(b) of this title.''

Subsec. (b)(5)(C). Pub. L. 106-65, Sec. 509(b), substituted

''September 30, 2003'' for ''September 30, 2000''.

Subsec. (b)(7). Pub. L. 106-65, Sec. 532(b), added par. (7).

1998 - Subsec. (b)(4)(B). Pub. L. 105-261, Sec. 404, substituted

''seven'' for ''six''.

Subsec. (b)(6). Pub. L. 105-261, Sec. 406, added par. (6).

1996 - Subsec. (b)(5)(C). Pub. L. 104-201 substituted ''September

30, 2000'' for ''September 30, 1997''.

Subsec. (d). Pub. L. 104-106 added subsec. (d).

1994 - Subsec. (b)(5). Pub. L. 103-337 added par. (5).

1990 - Subsec. (b)(3). Pub. L. 101-510, Sec. 405(b), substituted

''that would otherwise be permitted for'' for ''authorized''.

Subsec. (b)(4). Pub. L. 101-510, Sec. 405(a), added par. (4).

1987 - Pub. L. 100-180 added subsec. (c).

1986 - Subsec. (b)(3). Pub. L. 99-433 inserted ''or Vice

Chairman''.

1985 - Subsec. (a). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore'' in two places.

1981 - Subsec. (a). Pub. L. 97-86 substituted ''commodore'' for

''commodore admiral'' in two places.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-314, div. A, title IV, Sec. 404(d), Dec. 2, 2002,

116 Stat. 2526, provided that: ''The amendment made by subsection

(a) (amending this section) shall take effect on the date of the

receipt by Congress of the report required by subsection (c) (set

out below).''

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section

405(f) of Pub. L. 97-86, set out as a note under section 101 of

this title.

IMPLEMENTATION OF 2000 AMENDMENTS

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 507(i)), Oct.

30, 2000, 114 Stat. 1654, 1654A-106, provided that:

''(1) An appointment or reappointment, in the case of the

incumbent in a reserve component chief position, shall be made to

each of the reserve component chief positions not later than 12

months after the date of the enactment of this Act (Oct. 30, 2000),

in accordance with the amendments made by subsections (a) through

(e) (amending sections 3038, 5143, 5144, 8038, and 10506 of this

title).

''(2) An officer serving in a reserve component chief position on

the date of the enactment of this Act (Oct. 30, 2000) may be

reappointed to that position under the amendments made by

subsection (a) through (e), if eligible and otherwise qualified in

accordance with those amendments. If such an officer is so

reappointed, the appointment may be made for the remainder of the

officer's original term or for a full new term, as specified at the

time of the appointment.

''(3) An officer serving on the date of the enactment of this Act

(Oct. 30, 2000) in a reserve component chief position may continue

to serve in that position in accordance with the provisions of law

in effect immediately before the amendments made by this section

(amending this section and sections 3038, 5143, 5144, 8038, and

10506 of this title and repealing section 12505 of this title)

until a successor is appointed under paragraph (1) (or that officer

is reappointed under paragraph (1)).

''(4) The amendments made by subsection (g) (amending this

section) shall be implemented so that each increase authorized by

those amendments in the number of officers in the grades of

lieutenant general and vice admiral is implemented on a

case-by-case basis with an initial appointment made after the date

of the enactment of this Act (Oct. 30, 2000), as specified in

paragraph (1), to a reserve component chief position.

''(5) For purposes of this subsection, the term 'reserve

component chief position' means a position specified in section

3038, 5143, 5144, or 8038 of title 10, United States Code, or the

position of Director, Army National Guard or Director, Air National

Guard under section 10506(a)(1) of such title.''

SAVINGS PROVISION

Section 511(b) of Pub. L. 100-180 provided that: ''An officer of

the Armed Forces on active duty holding an appointment in the grade

of lieutenant general or vice admiral or general or admiral on

September 30, 1987, shall not have that appointment terminated by

reason of the numerical limitations determined under section 525(b)

of title 10, United States Code. In the case of an officer of the

Marine Corps serving in the grade of general by reason of an

appointment authorized by section 511(3) of the National Defense

Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100

Stat. 3869) (see below), that appointment shall not be terminated

except as provided in section 601 of title 10, United States

Code.''

-TRANS-

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

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.

-MISC5-

REVIEW OF ACTIVE DUTY AND RESERVE GENERAL AND FLAG OFFICER

AUTHORIZATIONS

Pub. L. 107-314, div. A, title IV, Sec. 404(c), Dec. 2, 2002,

116 Stat. 2525, provided that:

''(1) The Secretary of Defense shall submit to Congress a report

containing any recommendations of the Secretary (together with the

rationale of the Secretary for the recommendations) concerning the

following:

''(A) Revision of the limitations on general and flag officer

grade authorizations and distribution in grade prescribed by

sections 525, 526, and 12004 of title 10, United States Code.

''(B) Statutory designation of the positions and grades of any

additional general and flag officers in the commands specified in

chapter 1006 of title 10, United States Code, and the reserve

component offices specified in sections 3038, 5143, 5144, and

8038 of such title.

''(2) The provisions of subsection (b) through (e) of section

1213 of the National Defense Authorization Act for Fiscal Year 1997

(Public Law 104-201; 110 Stat. 2694) shall apply to the report

under paragraph (1) in the same manner as they applied to the

report required by subsection (a) of that section.''

REPORT ON MANAGEMENT OF SENIOR GENERAL AND FLAG OFFICER POSITIONS

Section 405(d) of Pub. L. 103-337 provided that: ''Not later than

March 1, 1996, the Secretary of Defense shall submit to Congress a

report on the implementation of the amendments made by this section

(enacting sections 528 and 604 of this title and amending this

section). The report shall include an assessment of the

effectiveness of those amendments in meeting the objective of

encouraging more competition among all services for appointment of

officers to joint three-star and four-star positions. The report

may include such additional recommendations concerning general and

flag officer selection policy as the Secretary considers

appropriate.''

TEMPORARY EXCLUSION OF SUPERINTENDENT OF NAVAL ACADEMY FROM

COUNTING TOWARD NUMBER OF SENIOR ADMIRALS AUTHORIZED TO BE ON

ACTIVE DUTY

Section 406 of Pub. L. 103-337 provided that: ''The officer

serving as Superintendent of the United States Naval Academy on the

date of the enactment of this Act (Oct. 5, 1994), while so serving,

shall not be counted for purposes of the limitations contained in

section 525(b)(2) of title 10, United States Code.''

TEMPORARY INCREASE IN NUMBER OF GENERAL AND FLAG OFFICERS

AUTHORIZED TO BE ON ACTIVE DUTY

Temporary increases in the number of officers authorized in

particular grades under this section were contained in the

following authorization acts:

Pub. L. 99-661, div. A, title V, Sec. 511, Nov. 14, 1986, 100

Stat. 3869.

Pub. L. 99-570, title III, Sec. 3058, Oct. 27, 1986, 100 Stat.

3207-79.

Pub. L. 99-145, title V, Sec. 515, Nov. 8, 1985, 99 Stat. 630.

Pub. L. 98-525, title V, Sec. 511, Oct. 19, 1984, 98 Stat. 2521.

Pub. L. 98-94, title X, Sec. 1001, Sept. 24, 1983, 97 Stat. 654.

Pub. L. 97-252, title XI, Sec. 1116, Sept. 8, 1982, 96 Stat. 750.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 517, 526, 527, 3038,

5143, 5144, 8038, 10506 of this title.

-CITE-

10 USC Sec. 526 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 32 - OFFICER STRENGTH AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 526. Authorized strength: general and flag officers on active

duty

-STATUTE-

(a) Limitations. - The number of general officers on active duty

in the Army, Air Force, and Marine Corps, and the number of flag

officers on active duty in the Navy, may not exceed the number

specified for the armed force concerned as follows:

(1) For the Army, 302.

(2) For the Navy, 216.

(3) For the Air Force, 279.

(4) For the Marine Corps, 80.

(b) Limited Exclusion for Joint Duty Requirements. - (1) The

Chairman of the Joint Chiefs of Staff may designate up to 12

general officer and flag officer positions that are joint duty

assignments for purposes of chapter 38 of this title for exclusion

from the limitations in subsection (a). Officers in positions so

designated shall not be counted for the purposes of those

limitations.

(2)(A) The Chairman of the Joint Chiefs of Staff may designate up

to 10 general and flag officer positions on the staffs of the

commanders of the unified and specified combatant commands as

positions to be held only by reserve component officers who are in

a general or flag officer grade below lieutenant general or vice

admiral. Each position so designated shall be considered to be a

joint duty assignment position for purposes of chapter 38 of this

title.

(B) A reserve component officer serving in a position designated

under subparagraph (A) while on active duty under a call or order

to active duty that does not specify a period of 180 days or less

shall not be counted for the purposes of the limitations under

subsection (a) and under section 525 of this title if the officer

was selected for service in that position in accordance with the

procedures specified in subparagraph (C).

(C) Whenever a vacancy occurs, or is anticipated to occur, in a

position designated under subparagraph (A) -

(i) the Secretary of Defense shall require the Secretary of the

Army to submit the name of at least one Army reserve component

officer, the Secretary of the Navy to submit the name of at least

one Naval Reserve officer and the name of at least one Marine

Corps Reserve officer, and the Secretary of the Air Force to

submit the name of at least one Air Force reserve component

officer for consideration by the Secretary for assignment to that

position; and

(ii) the Chairman of the Joint Chiefs of Staff may submit to

the Secretary of Defense the name of one or more officers (in

addition to the officers whose names are submitted pursuant to

clause (i)) for consideration by the Secretary for assignment to

that position.

(D) Whenever the Secretaries of the military departments are

required to submit the names of officers under subparagraph (C)(i),

the Chairman of the Joint Chiefs of Staff shall submit to the

Secretary of Defense the Chairman's evaluation of the performance

of each officer whose name is submitted under that subparagraph

(and of any officer whose name the Chairman submits to the

Secretary under subparagraph (C)(ii) for consideration for the same

vacancy).

(E) Subparagraph (B) does not apply in the case of an officer

serving in a position designated under subparagraph (A) if the

Secretary of Defense, when considering officers for assignment to

fill the vacancy in that position which was filled by that officer,

did not have a recommendation for that assignment from each

Secretary of a military department who (pursuant to subparagraph

(C)) was required to make such a recommendation.

(3) This subsection shall cease to be effective on December 31,

2004.

((c) Repealed. Pub. L. 107-314, div. A, title X, Sec.

1041(a)(3), Dec. 2, 2002, 116 Stat. 2645.)

(d) Exclusion of Certain Officers. - The limitations of this

section do not apply to a reserve component general or flag officer

who is on active duty for training or who is on active duty under a

call or order specifying a period of less than 180 days.

-SOURCE-

(Added Pub. L. 100-370, Sec. 1(b)(1)(B), July 19, 1988, 102 Stat.

840; amended Pub. L. 101-510, div. A, title IV, Sec. 403(a), Nov.

5, 1990, 104 Stat. 1545; Pub. L. 102-484, div. A, title IV, Sec.

403, Oct. 23, 1992, 106 Stat. 2398; Pub. L. 103-337, div. A, title

IV, Sec. 404, title V, Sec. 512, Oct. 5, 1994, 108 Stat. 2744,

2752; Pub. L. 104-106, div. A, title XV, Sec. 1502(a)(1),

1503(a)(3), Feb. 10, 1996, 110 Stat. 502, 510; Pub. L. 104-201,

div. A, title IV, Sec. 405, Sept. 23, 1996, 110 Stat. 2506; Pub.

L. 105-261, div. A, title IV, Sec. 405, Oct. 17, 1998, 112 Stat.

1996; Pub. L. 106-65, div. A, title V, Sec. 553, title X, Sec.

1067(1), Oct. 5, 1999, 113 Stat. 615, 774; Pub. L. 107-314, div.

A, title IV, Sec. 405(c), title X, Sec. 1041(a)(3), Dec. 2, 2002,

116 Stat. 2526, 2645.)

-MISC1-

HISTORICAL AND REVISION NOTES

Section is based on Pub. L. 95-79, title VIII, Sec. 811(a), July

30, 1977, 91 Stat. 335, as amended by Pub. L. 96-107, title VIII,

Sec. 817, Nov. 9, 1979, 93 Stat. 818; Pub. L. 96-342, title X, Sec.

1003, Sept. 8, 1980, 94 Stat. 1120; Pub. L. 97-86, title VI, Sec.

602, Dec. 1, 1981, 95 Stat. 1110.

Present law (section 811(a) of Public Law 95-79, as amended)

provides that the authority to suspend the limitation on the number

of general and flag officers who may be serving on active duty

applies during war or national emergency. In codifying the

limitation (in section 526 of title 10 as proposed to be added by

section 1(b) of the bill), the committee determined that the same

war and emergency waiver authority as applies to other limitations

on the number of officers on active duty under the existing 10

U.S.C. 526 (redesignated as 10 U.S.C. 527 by the bill) should apply

with respect to this limitation and accordingly amended the

suspension authority in present law to include the codified general

and flag officer limitation. This authority is slightly different

from the waiver authority in the source law in that the suspension

would expire 2 years after it takes effect or 1 year after the end

of the war or national emergency, whichever occurs first, rather

than upon termination of the war or emergency.

PRIOR PROVISIONS

A prior section 526 was renumbered section 527 of this title.

AMENDMENTS

2002 - Subsec. (b)(3). Pub. L. 107-314, Sec. 405(c), substituted

''December 31, 2004'' for ''October 1, 2002''.

Subsec. (c). Pub. L. 107-314, Sec. 1041(a)(3), struck out heading

and text of subsec. (c). Text read as follows:

''(1) Not later than 60 days before an action specified in

paragraph (2) may become effective, the Secretary of Defense shall

submit to the Committee on Armed Services of the Senate and the

Committee on Armed Services of the House of Representatives a

report providing notice of the intended action and an analytically

based justification for the intended action.

''(2) Paragraph (1) applies in the case of the following actions:

''(A) A change in the grade authorized as of July 1, 1994, for

a general officer position in the National Guard Bureau, a

general or flag officer position in the Office of a Chief of a

reserve component, or a general or flag officer position in the

headquarters of a reserve component command.

''(B) Assignment of a reserve component officer to a general

officer position in the National Guard Bureau, to a general or

flag officer position in the Office of a Chief of a reserve

component, or to a general or flag officer position in the

headquarters of a reserve component command in a grade other than

the grade authorized for that position as of July 1, 1994.

''(C) Assignment of an officer other than a general or flag

officer as the military executive to the Reserve Forces Policy

Board.''

1999 - Subsec. (b)(2), (3). Pub. L. 106-65, Sec. 553, added par.

(2) and redesignated former par. (2) as (3).

Subsec. (c)(1). Pub. L. 106-65, Sec. 1067(1), substituted ''and

the Committee on Armed Services'' for ''and the Committee on

National Security''.

1998 - Subsec. (b)(2). Pub. L. 105-261 substituted ''October 1,

2002'' for ''October 1, 1998''.

1996 - Subsec. (a)(1) to (3). Pub. L. 104-106, Sec.

1503(a)(3)(A), added pars. (1) to (3) and struck out former pars.

(1) to (3) which read as follows:

''(1) For the Army, 386 before October 1, 1995, and 302 on and

after that date.

''(2) For the Navy, 250 before October 1, 1995, and 216 on and

after that date.

''(3) For the Air Force, 326 before October 1, 1995, and 279 on

and after that date.''

Subsec. (a)(4). Pub. L. 104-201 substituted ''80'' for ''68''.

Subsec. (b). Pub. L. 104-106, Sec. 1503(a)(3)(B)-(D),

redesignated subsec. (c) as (b), struck out ''that are applicable

on and after October 1, 1995'' after ''limitations in subsection

(a)'', and struck out former subsec. (b) which read as follows:

''Transfers Between Services. - During the period before October 1,

1995, the Secretary of Defense may increase the number of general

officers on active duty in the Army, Air Force, or Marine Corps, or

the number of flag officers on active duty in the Navy, above the

applicable number specified in subsection (a) by a total of not

more than five. Whenever any such increase is made, the Secretary

shall make a corresponding reduction in the number of such officers

that may serve on active duty in general or flag officer grades in

one of the other armed forces.''

Subsec. (c). Pub. L. 104-106, Sec. 1503(a)(3)(C), (E),

redesignated subsec. (d) as (c) and, in par. (2)(B), struck out

''the'' after ''general officer position in the'' and inserted

''to'' after ''reserve component, or'' and ''than'' after ''in a

grade other''. Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 104-106, Sec. 1503(a)(3)(C), redesignated

subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (d)(1). Pub. L. 104-106, Sec. 1502(a)(1), substituted

''Committee on Armed Services of the Senate and the Committee on

National Security of the House of Representatives'' for

''Committees on Armed Services of the Senate and House of

Representatives''.

Subsec. (e). Pub. L. 104-106, Sec. 1503(a)(3)(C), redesignated

subsec. (e) as (d).

1994 - Subsec. (a)(4). Pub. L. 103-337, Sec. 404, struck out

''before October 1, 1995, and 61 on and after that date'' after

''Corps, 68''.

Subsecs. (d), (e). Pub. L. 103-337, Sec. 512, added subsecs. (d)

and (e).

1992 - Subsec. (b). Pub. L. 102-484, Sec. 403(b), inserted

heading.

Subsec. (c). Pub. L. 102-484, Sec. 403(a), added subsec. (c).

1990 - Pub. L. 101-510 amended section generally. Prior to

amendment, text read as follows: ''The total number of general

officers on active duty in the Army, Air Force, and Marine Corps

and flag officers on active duty in the Navy may not exceed

1,073.''

EFFECTIVE DATE OF 1990 AMENDMENT

Section 403(a) of Pub. L. 101-510 provided that the amendment

made by that section is effective Sept. 30, 1991.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 517, 525, 527, 721, 3038,

3210, 4335, 5143, 5144, 5150, 8038, 8210, 9335, 10506, 12004 of

this title.

-CITE-

10 USC Sec. 527 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 32 - OFFICER STRENGTH AND DISTRIBUTION IN GRADE

-HEAD-

Sec. 527. Authority to suspend sections 523, 525, and 526

-STATUTE-

In time of war, or of national emergency declared by Congress or

the President after November 30, 1980, the President may suspend

the operation of any provision of section 523, 525, or 526 of this

title. So long as such war or national emergency continues, any

such suspension may be extended by the President. Any such

suspension shall, if not sooner ended, end on the last day of the

two-year period beginning on the date on which the suspension (or

the last extension thereof) takes effect or on the last day of the

one-year period beginning on the date of the termination of the war

or national emergency, whichever occurs first. With respect to the

end of any such suspension, the preceding sentence supersedes the

provisions of title II of the National Emergencies Act (50 U.S.C.

1621-1622) which provide that powers or authorities exercised by

reason of a national emergency shall cease to be exercised after

the date of the termination of the emergency.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 103, Dec. 12, 1980, 94 Stat.

2845, Sec. 526; renumbered Sec. 527 and amended Pub. L. 100-370,

Sec. 1(b)(1)(A), (2), July 19, 1988, 102 Stat. 840; Pub. L.

103-337, div. A, title XVI, Sec. 1671(c)(4), Oct. 5, 1994, 108

Stat. 3014.)

-REFTEXT-

REFERENCES IN TEXT

The National Emergencies Act, referred to in text, is Pub. L.

94-412, Sept. 14, 1976, 90 Stat. 1255, as amended. Title II of the

National Emergencies Act is classified generally to subchapter II

(Sec. 1621 et seq.) of chapter 34 of Title 50, War and National

Defense. For complete classification of this Act to the Code, see

Short Title note set out under section 1601 of Title 50 and Tables.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-337 struck out ''524,'' after ''523,'' in

section catchline and in text.

1988 - Pub. L. 100-370 renumbered section 526 of this title as

this section, substituted ''524, 525, and 526'' for ''524, and

525'' in section catchline, and ''524, 525, or 526'' for ''524, or

525'' in text.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section to suspend operation of

sections 523, 524 (now 12011), and 525 of this title, relating to

authorized strength of commissioned officers, delegated to

Secretary of Defense to perform during a time of war or national

emergency, without approval, ratification, or other action by

President, and with authority for Secretary to redelegate, provided

that, during a national emergency declared by President, the

exercise of any such authority be specifically directed by

President in accordance with section 1631 of Title 50, War and

National Defense, and that Secretary ensure that actions taken

pursuant to any authority so delegated be accounted for as required

by section 1641 of Title 50, see Ex. Ord. No. 12396, Sec. 2, 3,

Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section

301 of Title 3, The President.

DELEGATION OF AUTHORITY

Authority of President under this section as invoked by sections

2 and 3 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as

amended, delegated to Secretary of Defense by section 4 of Ex. Ord.

No. 13223, set out as a note under section 12302 of this title.

-MISC5-

AUTHORITY TO WAIVE GRADE STRENGTH LAWS FOR FISCAL YEAR 1991;

CERTIFICATION; RELATIONSHIP TO OTHER SUSPENSION AUTHORITY

Pub. L. 102-25, title II, Sec. 201(b), 202, 205(b), Apr. 6, 1991,

105 Stat. 79, 80, authorized Secretary of a military department to

suspend, for fiscal year 1991, the operation of any provision of

section 517, 523, 524, 525, or 526 of this title with respect to

that military department, that such Secretary may exercise such

authority only after submission to the congressional defense

committees of a certification in writing that such authority is

necessary because of personnel actions associated with Operation

Desert Storm, and that such authority is in addition to the

authority provided in this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 517 of this title.

-CITE-

10 USC Sec. 528 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 32 - OFFICER STRENGTH AND DISTRIBUTION IN GRADE

-HEAD-

(Sec. 528. Repealed. Pub. L. 107-107, div. A, title V, Sec.

501(a), Dec. 28, 2001, 115 Stat. 1079)

-MISC1-

Section, added Pub. L. 103-337, div. A, title IV, Sec.

405(b)(1), Oct. 5, 1994, 108 Stat. 2744; amended Pub. L. 104-106,

div. A, title IV, Sec. 403(b), title XV, Sec. 1503(a)(4), Feb. 10,

1996, 110 Stat. 287, 511; Pub. L. 104-201, div. A, title X, Sec.

1074(a)(3), Sept. 23, 1996, 110 Stat. 2658, related to limitation

on number of officers on active duty in grades of general and

admiral.

-CITE-