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10 U.S.C. § 526a — Renumbered § 526]

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 526a — Renumbered § 526]

### Statutory Notes #### Exclusion of Officers Serving as Lead Special Trial Counsel From Limitations on Authorized Strengths for General and Flag Officers Pub. L. 117–263, div. A, title V, § 506, Dec. 23, 2022, 136 Stat. 2558, which related to certain general or flag officers serving in the position of lead special trial counsel pursuant to an appointment under [section 1044f(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044f/a/2&num=0&edition=prelim), was repealed by Pub. L. 118–31, div. A, title V, § 501(c), Dec. 22, 2023, 137 Stat. 240.

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Source location: Title 10, Chapter 32, § 526a; chapter-032-officer-strength-and-distribution-in-grade.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 526 — Authorized strength: general officers and flag officers on active duty

**(a) Limitations.—** The number of general officers on active duty in the Army, Air Force, Marine Corps, and Space Force, 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, 219. (2) For the Navy, 150. (3) For the Air Force, 168. (4) For the Marine Corps, 64. (5) For the Space Force, 24. **(b) Limited Exclusion for Joint Duty Requirements.—** (1) **In general.—** — The Secretary of Defense may designate up to 232 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). (2) **Minimum number.—** — Unless the Secretary of Defense determines that a lower number is in the best interest of the Department of Defense, the minimum number of officers serving in positions designated under paragraph (1) for each armed force shall be as follows: (A) For the Army, 75. (B) For the Navy, 53. (C) For the Air Force, 68. (D) For the Marine Corps, 17. (E) For the Space Force, 6. **(c) Exclusion of Certain Officers of Reserve Components and of the Space Force.—** The limitations of this section do not apply to the following: (1) A general or flag officer of a reserve component or of the Space Force who is on active duty— (A) for training; or (B) under a call or order specifying a period of less than 180 days. (2) (A) A general or flag officer of a reserve component who is authorized by the Secretary of the military department concerned to serve on active duty for a period of at least 180 days and not longer than 365 days. (B) The Secretary of the military department concerned may authorize a number, determined under subparagraph (C), of of

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 526a — Untitled legal text

Page 556 TITLE 10—ARMED FORCES [§ 526a Army, Air Force, and Marine Corps, and the number of flag officers on active duty in the Navy, prior to repeal by Pub. L. 118–31, div. A, title V, § 501(a)(1), Dec. 22, 2023, 137 Stat. 240. Another prior section 526 was renumbered section 527 of this title. AMENDMENTS 2024—Subsecs. (g), (h). Pub. L. 118–159, § 509(c), added subsec. (g) and redesignated subsec. (g), as added by section 502(a)(2), as (h). Pub. L. 118–159, § 502(a)(2), added subsec. (g), which was subsequently redesignated (h). Subsecs. (i) to (l). Pub. L. 118–159, §§ 502(a)(1), 509B(c)(1), successively redesignated subsecs. (g) to (j) first as (h) to (k), then as (i) to (l), respectively. 2023—Pub. L. 118–31, § 501(a)(4), struck out ‘‘after De- cember 31, 2022’’ after ‘‘Authorized strength’’ in section catchline. Pub. L. 118–31, § 501(a)(2), renumbered section 526a of this title as this section. Subsec. (a). Pub. L. 118–31, § 501(b)(1)(A), struck out ‘‘after December 31, 2022,’’ after ‘‘in the Navy,’’ in in- troductory provisions. Subsec. (a)(1). Pub. L. 118–31, § 501(b)(1)(B), substituted ‘‘219’’ for ‘‘218’’. Subsec. (a)(2). Pub. L. 118–31, § 501(b)(1)(C), substituted ‘‘150’’ for ‘‘149’’. Subsec. (a)(3). Pub. L. 118–31, § 501(b)(1)(D), sub- stituted ‘‘171’’ for ‘‘170’’. Subsec. (a)(4). Pub. L. 118–31, § 501(b)(1)(E), substituted ‘‘64’’ for ‘‘62’’. Subsecs. (i), (j). Pub. L. 118–31, §§ 501(b)(2), 1801(a)(9), amended section identically, redesignating subsec. (i) relating to transfer of authorizations among the mili- tary services as (j). 2022—Subsec. (a). Pub. L. 117–263, § 504(1)(A), sub- stituted ‘‘Marine Corps, and Space Force’’ for ‘‘and Ma- rine Corps’’ in introductory provisions. Subsec. (a)(1). Pub. L. 117–263, § 504(1)(B), sub

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