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10 U.S.C. § 522 — Repealed. Pub. L. 108–375, div. A, title V, § 501(b)(1), Oct. 28, 2004, 118 Stat. 1873]
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 96–513, title I, § 103, Dec. 12, 1980, 94 Stat. 2841; amended Pub. L. 98–525, title V, § 522, Oct. 19, 1984, 98 Stat. 2523; Pub. L. 102–190, div. A, title XI, § 1131(1)(B), Dec. 5, 1991, 105 Stat. 1505, related to authorized total strengths of regular commissioned officers on active duty.
#### Effective Date of Repeal
Repeal effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) of Pub. L. 108–375, set out as an Effective Date of 2004 Amendment note under [section 531 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section531&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-10/section-522-repealed-pub-l-108375-div-a-title-v-501-b-1-oct-28-2004-118-stat-1873--ea9e053ce6.md
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Source location: Title 10, Chapter 32, § 522; chapter-032-officer-strength-and-distribution-in-grade.md
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### Statutory Notes
Section, added Pub. L. 96–513, title I, § 103, Dec. 12, 1980, 94 Stat. 2841; amended Pub. L. 98–525, title V, § 522, Oct. 19, 1984, 98 Stat. 2523; Pub. L. 102–190, div. A, title XI, § 1131(1)(B), Dec. 5, 1991, 105 Stat. 1505, related to authorized total strengths of regular commissioned officers on active duty.
#### Effective Date of Repeal
Repeal effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) of Pub. L. 108–375, set out as an Effective Date of 2004 Amendment note under [section 531 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section531&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Original appointments in the grades of second lieutenant, first lieutenant, and captain in the Regular Army, Regular Air Force, Regular Marine Corps, and Space Force, and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy shall be made by the President alone.
(2) Original appointments in the grades of major, lieutenant colonel, and colonel in the Regular Army, Regular Air Force, Regular Marine Corps, and Space Force, and in the grades of lieutenant commander, commander, and captain in the Regular Navy shall be made by the President, by and with the advice and consent of the Senate.
**(b)** The grade of a person receiving an appointment under this section who at the time of appointment (1) is credited with service under [section 533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section533&num=0&edition=prelim), and (2) is not a commissioned officer of a reserve component shall be determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited. The grade of a person receiving an appointment under this section who at the time of the appointment is a commissioned officer of a reserve component is determined under [section 533(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section533/f&num=0&edition=prelim).
**(c)** Subject to the authority, direction, and control of the President, an original appointment as a commissioned officer in the Regular Army, Regular Air Force, Regular Navy, Regular Marine Corps, or Space Force may be made by the Secretary of Defense in the case of a reserve commissioned officer upon the transfer of such officer from the reserve active-status list of a reserve component of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 531
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Federal law — U.S. Code and appendices · legal_authorities
Page 545
TITLE 10—ARMED FORCES
§ 523
‘‘(a) REDUCTION IN SIZE OF OFFICER CORPS.—On and
after each of the dates set forth in column 1 of the fol-
lowing table, the total number of commissioned offi-
cers serving on active duty in the Army, Navy, Air
Force, and Marine Corps (excluding officers in cat-
egories 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
On and after:
Percentage of total commis-
sioned 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 orga-
nizing, 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
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 522
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