10 U.S.C. § 525 — Distribution of commissioned officers on

Page 548 TITLE 10—ARMED FORCES [§ 524 1 So in original. The period probably should not appear. Pub. L. 104–201, div. A, title IV, § 403(c)(2), Sept. 23, 1996, 110 Stat. 2506. TEMPORARY VARIATION OF END STRENGTH LIMITATIONS FOR MARINE CORPS MAJORS AND LIEUTENANT COLO- NELS Pub. L. 103–160, div. A, title IV, § 402, Nov. 30, 1993, 107 Stat. 1639, as amended by Pub. L. 103–337, div. A, title IV, § 403, Oct. 5, 1994, 108 Stat. 2743, provided that num- ber 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 fis- cal years 1994 through 1997 was limited to numbers set forth in table prior to repeal by Pub. L. 104–201, div. A, title IV, § 403(c)(1), Sept. 23, 1996, 110 Stat. 2505. TEMPORARY INCREASE IN OFFICER GRADE LIMITATIONS Pub. L. 101–189, div. A, title IV, § 403, Nov. 29, 1989, 103 Stat. 1431, authorized the Secretary of Defense, until Sept. 30, 1991, to increase the strength-in-grade limita- tions 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 di- rected the Secretary to submit to Congress a com- prehensive report on the adequacy of the strength-in- grade limitations prescribed in subsec. (a) of this sec- tion. TEMPORARY REDUCTION IN NUMBER OF AIR FORCE COLONELS Pub. L. 101–189, div. A, title IV, § 402, Nov. 29, 1989, 103 Stat. 1431, as amended by Pub. L. 101–510, div. A, title IV, § 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, § 403, Sept. 29, 1988, 102 Stat. 1963, provided that the number of officers author- ized 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, § 811(a), July 30, 1977, 91 Stat. 335, as amended by Pub. L. 96–107, title VIII, § 817, Nov. 9, 1979, 93 Stat. 818; Pub. L. 96–342, title X, § 1003, Sept. 8, 1980, 94 Stat. 1120; Pub. L. 97–86, title VI, § 602, Dec. 1, 1981, 95 Stat. 1110, which provided that after Oct. 1, 1981, the total number of commissioned officers on ac- tive 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 de- clared by Congress, the President could suspend the op- eration of this provision, was repealed and restated in section 526 of this title by Pub. L. 100–370, § 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 au- thorized 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. [§ 524. Renumbered § 12011] § 525. Distribution of commissioned officers on active duty in general officer and flag officer grades (a) For purposes of the applicable limitation in section 526(a) of this title on general and flag of- ficers on active duty, no appointment of an offi- cer on the active duty list may be made— (1) in the Army, if that appointment would result in more than— (A) 8 officers in the grade of general; (B) 46 officers in a grade above the grade of major general; or (C) 90 officers in the grade of major gen- eral; (2) in the Air Force, if that appointment would result in more than— (A) 9 officers in the grade of general; (B) 44 officers in a grade above the grade of major general; or (C) 73 officers in the grade of major gen- eral; (3) in the Navy, if that appointment would result in more than— (A) 6 officers in the grade of admiral; (B) 34 officers in a grade above the grade of rear admiral; or (C) 49 officers in the grade of rear admiral; (4) in the Marine Corps, if that appointment would result in more than— (A) 2 officers in the grade of general; (B) 18 officers in a grade above the grade of major general; or (C) 21.1 officers in the grade of major gen- eral; and (5) in the Space Force, if that appointment would result in more than— (A) 2 officers in the grade of general; (B) 7 officers in a grade above the grade of major general; or (C) 6 officers in the grade of major general. (b) The limitations of subsection (a) do not in- clude the following: (1) An officer released from a joint duty as- signment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment, except that the Sec- retary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, but no more than three officers from each armed forces may be on active duty who are excluded under this paragraph. (2) The number of officers required to serve in joint duty assignments as authorized by the Secretary of Defense under section 526(b) for each military service. (c)(1) Subject to paragraph (3), the President— (A) may make appointments in the Army, Air Force, Marine Corps, and Space Force in the grades of lieutenant general and general in excess of the applicable numbers determined under this section if each such appointment is made in conjunction with an offsetting reduc- tion under paragraph (2); and (B) may make appointments in the Navy in the grades of vice admiral and admiral in ex- cess of the applicable numbers determined under this section if each such appointment is made in conjunction with an offsetting reduc- tion under paragraph (2). (2) For each appointment made under the au- thority of paragraph (1) in the Army, Air Force, Marine Corps, or Space Force in the grade of Page 549 TITLE 10—ARMED FORCES § 525 lieutenant general or general or in the Navy in the grade of vice admiral or admiral, the num- ber of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be re- duced 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 serv- ing on active duty in the grades of lieutenant general and vice admiral by reason of appoint- ments made under the authority of paragraph (1) may not exceed 15. (B) The number of officers that may be serving on active duty in the grades of general and ad- miral by reason of appointments made under the authority of paragraph (1) may not exceed 5. (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 para- graph (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)(5) 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, Commandant of the Marine Corps, or Chief of Space Operations shall not be counted for purposes of this section. (e) The following officers shall not be counted for purposes of this section: (1) An officer of that armed force in the grade of brigadier general or above or, in the case of the Navy, in the grade of rear admiral (lower half) or above, who is on leave pending the retirement, separation, or release of that officer from active duty, but only during the 60-day period beginning on the date of the commencement of such leave of such officer. (2) At the discretion of the Secretary of De- fense, an officer of that armed force who has been relieved from a position designated under section 601(a) of this title or by law to carry one of the grades specified in such section, but only during the 60-day period beginning on the date on which the assignment of the officer to the first position is terminated or until the of- ficer is assigned to a second such position, whichever occurs first. (f) An officer while serving as Attending Phy- sician to the Congress is in addition to the num- ber that would otherwise be permitted for that officer’s armed force for officers serving on ac- tive duty in grades above brigadier general or rear admiral (lower half) under subsection (a). (g) A naval officer while serving as the Med- ical Officer of the Marine Corps is in addition to the number that would otherwise be permitted for the Navy for officers serving on active duty in the grade of rear admiral (lower half) under subsection (a). (h)(1) The limitations of this section do not apply to a reserve component general or flag of- ficer who is on active duty for a period in excess of 365 days, but not to exceed three years, except that the number of officers from each reserve component who are covered by this subsection and are not serving in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed 5 per component, un- less authorized by the Secretary of Defense. (2) Not later than 30 days after authorizing a number of reserve component general or flag of- ficers in excess of the number specified in para- graph (1), the Secretary of Defense shall notify the Committees on Armed Services of the Sen- ate and the House of Representatives of such au- thorization, and shall include with such notice a statement of the reason for such authorization. (Added Pub. L. 96–513, title I, § 103, Dec. 12, 1980, 94 Stat. 2844; amended Pub. L. 97–86, title IV, § 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99–145, title V, § 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99–433, title II, § 202(a), Oct. 1, 1986, 100 Stat. 1010; Pub. L. 100–180, div. A, title V, § 511(a), Dec. 4, 1987, 101 Stat. 1088; Pub. L. 101–510, div. A, title IV, § 405, Nov. 5, 1990, 104 Stat. 1546; Pub. L. 103–337, div. A, title IV, § 405(a), Oct. 5, 1994, 108 Stat. 2744; Pub. L. 104–106, div. A, title IV, § 403(a), Feb. 10, 1996, 110 Stat. 286; Pub. L. 104–201, div. A, title IV, § 404(b), Sept. 23, 1996, 110 Stat. 2506; Pub. L. 105–261, div. A, title IV, §§ 404, 406, Oct. 17, 1998, 112 Stat. 1996; Pub. L. 106–65, div. A, title V, §§ 509(b), (c), 532(b), Oct. 5, 1999, 113 Stat. 592, 604; Pub. L. 106–398, § 1 [[div. A], title V, § 507(g)], Oct. 30, 2000, 114 Stat. 1654, 1654A–105; Pub. L. 107–314, div. A, title IV, §§ 404(a), (b), 405(b), Dec. 2, 2002, 116 Stat. 2525, 2526; Pub. L. 108–136, div. A, title V, § 504(b), Nov. 24, 2003, 117 Stat. 1456; Pub. L. 109–163, div. A, title V, § 503(a), Jan. 6, 2006, 119 Stat. 3226; Pub. L. 109–364, div. A, title V, § 507(b), Oct. 17, 2006, 120 Stat. 2180; Pub. L. 110–181, div. A, title V, §§ 501(b), 543(d), Jan. 28, 2008, 122 Stat. 94, 115; Pub. L. 110–417, [div. A], title V, §§ 503(d), 504(b), Oct. 14, 2008, 122 Stat. 4433, 4434; Pub. L. 111–84, div. A, title V, § 502(b)–(d), Oct. 28, 2009, 123 Stat. 2273–2275; Pub. L. 111–383, div. A, title X, § 1075(b)(12), (d)(2), Jan. 7, 2011, 124 Stat. 4369, 4372; Pub. L. 112–81, div. A, title V, §§ 502(a)(1), (b)(2), 511(a)(3), Dec. 31, 2011, 125 Stat. 1386, 1387, 1391; Pub. L. 114–328, div. A, title V, § 503(a), Dec. 23, 2016, 130 Stat. 2107; Pub. L. 116–283, div. A, title V, § 501(c)(1), Jan. 1, 2021, 134 Stat. 3563; Pub. L. 117–263, div. A, title V, §§ 502, 503, Dec. 23, 2022, 136 Stat. 2557, 2558; Pub. L. 118–159, div. A, title V, §§ 501, 509B(b), Dec. 23, 2024, 138 Stat. 1868, 1872.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(4)(B). Pub. L. 118–159, § 501(1), sub- stituted ‘‘18 officers’’ for ‘‘17 officers’’. Subsec. (a)(4)(C). Pub. L. 118–159, § 501(2), substituted ‘‘21. officers’’ for ‘‘22 officers’’. Subsecs. (g), (h). Pub. L. 118–159, § 509B(b), added sub- sec. (g) and redesignated former subsec. (g) as (h). 2022—Subsec. (a). Pub. L. 117–263, § 502(1)(A), sub- stituted ‘‘made—’’ for ‘‘made as follows:’’ in introduc- tory provisions. Subsec. (a)(3)(B). Pub. L. 117–263, § 503(1), substituted ‘‘34’’ for ‘‘33’’. Subsec. (a)(3)(C). Pub. L. 117–263, § 503(2), substituted ‘‘49’’ for ‘‘50’’. Subsec. (a)(5). Pub. L. 117–263, § 502(1)(B), (C), added par. (5). Page 550 TITLE 10—ARMED FORCES § 525 Subsec. (c)(1)(A). Pub. L. 117–263, § 502(2)(A), sub- stituted ‘‘Marine Corps, and Space Force’’ for ‘‘and Ma- rine Corps’’. Subsec. (c)(2). Pub. L. 117–263, § 502(2)(B), substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. Subsec. (d). Pub. L. 117–263, § 502(3), substituted ‘‘Com- mandant of the Marine Corps, or Chief of Space Oper- ations’’ for ‘‘or Commandant of the Marine Corps’’. 2021—Subsec. (a)(1)(A). Pub. L. 116–283 substituted ‘‘8’’ for ‘‘7’’. 2016—Subsec. (a)(4)(B). Pub. L. 114–328, § 503(a)(1), sub- stituted ‘‘17’’ for ‘‘15’’. Subsec. (a)(4)(C). Pub. L. 114–328, § 503(a)(2), sub- stituted ‘‘22’’ for ‘‘23’’. 2011—Subsec. (a). Pub. L. 112–81, § 502(b)(2)(A)–(C), sub- stituted ‘‘46’’ for ‘‘45’’ in par. (1)(B), ‘‘44’’ for ‘‘43’’ in par. (2)(B), and ‘‘33’’ for ‘‘32’’ in par. (3)(B). Subsec. (a)(4)(C). Pub. L. 112–81, § 502(b)(2)(D), sub- stituted ‘‘23’’ for ‘‘22’’. Subsec. (b). Pub. L. 112–81, § 502(a)(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to exclusions from limitations on appointment of gen- eral officers on active duty in the Army, Air Force, and Marine Corps and flag officers on active duty in the Navy. Subsec. (b)(1)(D). Pub. L. 112–81, § 511(a)(3)(A), struck out subpar. (D) which read as follows: ‘‘An officer while serving as Chief of the National Guard Bureau.’’ Subsec. (c)(3)(B). Pub. L. 111–383, § 1075(d)(2), made technical amendment to directory language of Pub. L. 111–84, § 502(c)(3). See 2009 Amendment note below. Subsec. (d). Pub. L. 111–383, § 1075(b)(12)(A), sub- stituted ‘‘section 601(b)(5)’’ for ‘‘section 601(b)(4)’’. Subsec. (g)(1). Pub. L. 111–383, § 1075(b)(12)(B), sub- stituted ‘‘and are not’’ for ‘‘and is not’’ and inserted pe- riod at end. Subsec. (g)(2), (3). Pub. L. 112–81, § 511(a)(3)(B), redes- ignated par. (3) as (2) and struck out former par. (2) which read as follows: ‘‘The exception in paragraph (1) does apply to the position of Chief of the National Guard Bureau.’’ 2009—Subsecs. (a), (b). Pub. L. 111–84, § 502(b), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to limitations on appointments in a grade above brigadier general in the Army, Air Force, or Marine Corps or in a grade above rear admiral (lower half) in the Navy and limitations on appointments in a grade above major general in the Army, Air Force, or Marine Corps or in a grade above rear admiral in the Navy, respectively. Subsec. (c)(1)(A). Pub. L. 111–84, § 502(c)(1)(A), amend- ed subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘may make appointments in the Army, Air Force, and Marine Corps in the grade of lieu- tenant general and in the Army and Air Force in the grade of general in excess of the applicable numbers de- termined under subsection (b)(1), and may make ap- pointments in the Marine Corps in the grade of general in addition to the Commandant and Assistant Com- mandant, if each such appointment is made in conjunc- tion with an offsetting reduction under paragraph (2); and’’. Subsec. (c)(1)(B). Pub. L. 111–84, § 502(c)(1)(B), sub- stituted ‘‘this section’’ for ‘‘subsection (b)(2)’’. Subsec. (c)(3)(A). Pub. L. 111–84, § 502(c)(2), substituted ‘‘15’’ for ‘‘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 Ma- rine Corps under subsection (b)’’. Subsec. (c)(3)(B). Pub. L. 111–84, § 502(c)(3), as amended by Pub. L. 111–383, § 1075(d)(2), substituted ‘‘5’’ for ‘‘the number equal to 15 percent of the total number of gen- eral officers and flag officers that may be serving on active duty in those grades in the Army, Navy, Air Force, and Marine Corps’’. Subsec. (e). Pub. L. 111–84, § 502(d)(1), in introductory provisions, substituted ‘‘The following officers shall not be counted for purposes of this section:’’ for ‘‘In de- termining the total number of general officers or flag officers of an armed force on active duty for purposes of this section, the following officers shall not be counted:’’. Subsec. (g). Pub. L. 111–84, § 502(d)(2), added subsec. (g). 2008—Subsec. (a). Pub. L. 110–417, § 504(b), designated existing provisions as par. (1) and added par. (2). Pub. L. 110–417, § 503(d)(1), substituted ‘‘the Army or Air Force, or more than 51 percent of the general offi- cers of the Marine Corps,’’ for ‘‘that armed force’’. Subsec. (b)(1), (2)(A). Pub. L. 110–417, § 503(d)(2)(A), substituted ‘‘16.4 percent’’ for ‘‘16.3 percent’’ wherever appearing. Pub. L. 110–181, § 543(d), substituted ‘‘16.3 percent’’ for ‘‘15.7 percent’’ wherever appearing. Subsec. (b)(2)(B). Pub. L. 110–417, § 503(d)(2)(B), sub- stituted ‘‘19 percent’’ for ‘‘17.5 percent’’. Subsec. (e)(2). Pub. L. 110–181, § 501(b), added par. (2) and struck out former par. (2) which read as follows: ‘‘An officer of that armed force who has been relieved from a position designated under section 601(a) of this title and is under orders to assume another such posi- tion, but only during the 60-day period beginning on the date on which those orders are published.’’ 2006—Subsec. (e). Pub. L. 109–163 added subsec. (e). Subsec. (f). Pub. L. 109–364 added subsec. (f). 2003—Subsec. (b)(5)(C). Pub. L. 108–136 struck out sub- par. (C) which read as follows: ‘‘This paragraph shall cease to be effective at the end of December 31, 2004.’’ 2002—Subsec. (b)(2)(B). Pub. L. 107–314, § 404(b), sub- stituted ‘‘17.5 percent’’ for ‘‘16.2 percent’’. Subsec. (b)(5)(C). Pub. L. 107–314, § 405(b), substituted ‘‘December 31, 2004’’ for ‘‘September 30, 2003’’. Subsec. (b)(8). Pub. L. 107–314, § 404(a), added par. (8). 2000—Subsec. (b)(1). Pub. L. 106–398, § 1 [[div. A], title V, § 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 in- serted ‘‘of the Army or Air Force’’ after ‘‘general offi- cers’’. Subsec. (b)(2). Pub. L. 106–398, § 1 [[div. A], title V, § 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, § 509(c), inserted at end ‘‘Any increase by reason of the preceding sen- tence in the number of officers of an armed force serv- ing 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 in- crease 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, § 509(b), substituted ‘‘September 30, 2003’’ for ‘‘September 30, 2000’’. Subsec. (b)(7). Pub. L. 106–65, § 532(b), added par. (7). 1998—Subsec. (b)(4)(B). Pub. L. 105–261, § 404, sub- stituted ‘‘seven’’ for ‘‘six’’. Subsec. (b)(6). Pub. L. 105–261, § 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, § 405(b), sub- stituted ‘‘that would otherwise be permitted for’’ for ‘‘authorized’’. Subsec. (b)(4). Pub. L. 101–510, § 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 ad- miral (lower half)’’ for ‘‘commodore’’ in two places. 1981—Subsec. (a). Pub. L. 97–86 substituted ‘‘com- modore’’ for ‘‘commodore admiral’’ in two places. Page 551 TITLE 10—ARMED FORCES § 525 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–81, div. A, title V, § 502(a)(2), Dec. 31, 2011, 125 Stat. 1387, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect on January 1, 2012.’’ Pub. L. 112–81, div. A, title V, § 502(b)(3), Dec. 31, 2011, 125 Stat. 1387, as amended by Pub. L. 112–239, div. A, title V, § 501(c), Jan. 2, 2013, 126 Stat. 1714, provided that: ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), the amendments made by this subsection [amending this section and section 526 of this title] shall take effect on October 1, 2013. ‘‘(B) MARINE CORPS OFFICERS.—The amendments made by paragraphs (1)(A)(iv) [amending section 526 of this title] and (2)(D) [amending this section] shall take ef- fect on October 1, 2012.’’ Pub. L. 111–383, div. A, title X, § 1075(d), Jan. 7, 2011, 124 Stat. 4372, provided that the amendment by section 1075(d)(2) is effective as of Oct. 28, 2009, and as if in- cluded in Pub. L. 111–84 as enacted. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–314, div. A, title IV, § 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 re- quired 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. EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section 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. IMPLEMENTATION OF 2000 AMENDMENTS Pub. L. 106–398, § 1 [[div. A], title V, § 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 eli- gible 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 of- ficer’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 ac- cordance with the provisions of law in effect imme- diately 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) [amend- ing this section] shall be implemented so that each in- crease 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 enact- ment of this Act [Oct. 30, 2000], as specified in para- graph (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 [now 7038, 8083, 8084, or 9038] of title 10, United States Code, or the position of Director, Army National Guard or Director, Air Na- tional Guard under section 10506(a)(1) of such title.’’ SAVINGS PROVISION Pub. L. 100–180, div. A, title V, § 511(b), Dec. 4, 1987, 101 Stat. 1088, 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 Ma- rine Corps serving in the grade of general by reason of an appointment authorized by section 511(3) of the Na- tional Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661; 100 Stat. 3869) [see below], that ap- pointment shall not be terminated except as provided in section 601 of title 10, United States Code.’’ 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. AVAILABILITY ON THE INTERNET OF CERTAIN INFORMA- TION ABOUT OFFICERS SERVING IN GENERAL OR FLAG OFFICER GRADES Pub. L. 116–92, div. A, title V, § 510A, Dec. 20, 2019, 133 Stat. 1347, provided that: ‘‘(a) AVAILABILITY REQUIRED.— ‘‘(1) IN GENERAL.—The Secretary of each military department shall make available on an internet website of such department available to the public in- formation specified in paragraph (2) on each officer in a general or flag officer grade under the jurisdiction of such Secretary, including any such officer on the reserve active-status list. ‘‘(2) INFORMATION.—The information on an officer specified by this paragraph to be made available pur- suant to paragraph (1) is the information as follows: ‘‘(A) The officer’s name. ‘‘(B) The officer’s current grade, duty position, command or organization, and location of assign- ment. ‘‘(C) A summary list of the officer’s past duty as- signments while serving in a general or flag officer grade. ‘‘(b) ADDITIONAL PUBLIC NOTICE ON CERTAIN OFFI- CERS.—Whenever an officer in a grade of O–7 or above is assigned to a new billet or reassigned from a current billet, the Secretary of the military department having jurisdiction of such officer shall make available on an internet website of such department available to the public a notice of such assignment or reassignment. ‘‘(c) LIMITATION ON WITHHOLDING OF CERTAIN INFORMA- TION OR NOTICE.— ‘‘(1) LIMITATION.—The Secretary of a military de- partment may not withhold the information or notice specified in subsections (a) and (b) from public avail- ability pursuant to subsection (a), unless and until the Secretary notifies the Committees on Armed Services of the Senate and House of Representatives in writing of the information or notice that will be so withheld, together with justification for withholding the information or notice from public availability. ‘‘(2) LIMITED DURATION OF WITHHOLDING.—The Sec- retary concerned may withhold from the public under paragraph (1) information or notice on an officer only on the basis of individual risk or national security, Page 552 TITLE 10—ARMED FORCES § 525 and may continue to withhold such information or notice only for so long as the basis for withholding remains in force.’’ REDUCTION IN NUMBER OF GENERAL AND FLAG OFFI- CERS ON ACTIVE DUTY AND AUTHORIZED STRENGTH AFTER DECEMBER 31, 2022, OF SUCH GENERAL AND FLAG OFFICERS Pub. L. 114–328, div. A, title V, § 501(a)–(g), Dec. 23, 2016, 130 Stat. 2096–2099, as amended by Pub. L. 118–159, div. A, title V, § 502(b), Dec. 23, 2024, 138 Stat. 1868, pro- vided that: ‘‘(a) REDUCTION IN NUMBER OF GENERAL AND FLAG OF- FICERS BY DECEMBER 31, 2022.— ‘‘(1) REQUIRED REDUCTION.—Except as otherwise pro- vided by an Act enacted after the date of the enact- ment of this Act [Dec. 23, 2016] that expressly modi- fies the requirements of this paragraph, by not later than December 31, 2022, the Secretary of Defense shall reduce the number of general and flag officers on ac- tive duty by 110 from the aggregate authorized num- ber of general and flag officers authorized by sections 525 and 526 of title 10, United States Code, as of De- cember 31, 2015. ‘‘(2) DISTRIBUTION OF AUTHORIZED POSITIONS.—Effec- tive as of December 31, 2022, and reflecting the reduc- tion required by paragraph (1), authorized general and flag officer positions shall be distributed among the Army, Navy, Air Force, Marine Corps, and joint pool as follows: ‘‘(A) The Army is authorized 220 positions in the general officer grades. ‘‘(B) The Navy is authorized 151 positions in the flag officer grades. ‘‘(C) The Air Force is authorized 187 positions in the general officer grades. ‘‘(D) The Marine Corps is authorized 62 positions in the general officer grades. ‘‘(E) The joint pool is authorized 232 positions in the general or flag officer grades, to be distributed as follows: ‘‘(i) 82 positions in the general officer grades from the Army. ‘‘(ii) 60 positions in the flag officer grades from the Navy. ‘‘(iii) 69 positions in the general officer grades from the Air Force. ‘‘(iv) 21 positions in the general officer grades from the Marine Corps. ‘‘(b) PLAN TO ACHIEVE REQUIRED REDUCTION AND DIS- TRIBUTION.— ‘‘(1) PLAN REQUIRED.—Utilizing the study conducted under subsection (c), the Secretary of Defense shall develop a plan to achieve, by the date specified in subsection (a)(1)— ‘‘(A) the reduction required by such subsection in the number of general and flag officers; and ‘‘(B) the distribution of authorized positions re- quired by subsection (a)(2). ‘‘(2) SUBMISSION OF PLAN.—When the budget for the Department of Defense for fiscal year 2019 is sub- mitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report set- ting forth the plan developed under this subsection. ‘‘(3) PROGRESS REPORTS.—The Secretary of Defense shall include with the budget for the Department of Defense for each of fiscal years 2020, 2021, and 2022 a report describing and assessing the progress of the Secretary in implementing the plan developed under this subsection. ‘‘(c) STUDY FOR PURPOSES OF PLAN.— ‘‘(1) STUDY REQUIRED.—For purposes of complying with subsection (a) and preparing the plan required by subsection (b), the Secretary of Defense shall con- duct a comprehensive and deliberate global man- power study of requirements for general and flag offi- cers with the goal of identifying— ‘‘(A) the requirement justification for each gen- eral or flag officer position in terms of overall force structure, scope of responsibility, command and control requirements, and force readiness and exe- cution; ‘‘(B) an additional 10 percent reduction in the ag- gregate number of authorized general officer and flag officer positions after the reductions required by subsection (a); and ‘‘(C) an appropriate redistribution of all general officer and flag officer positions within the reduc- tions so identified. ‘‘(2) SUBMISSION OF STUDY RESULTS.—Not later than April 1, 2017, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of the study conducted under this sub- section, including the justification for general and flag officer position to be retained and the reductions identified by general and flag officer position. ‘‘(3) INTERIM REPORT.—If practicable before the date specified in paragraph (2), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives an in- terim report describing the progress made toward the completion of the study under this subsection, in- cluding— ‘‘(A) the specific general and flag officer positions that have been evaluated; ‘‘(B) the results of that evaluation; and ‘‘(C) recommendations for achieving the addi- tional 10 percent reduction in the aggregate number of authorized general officer and flag officer posi- tions to be identified under paragraph (1)(C) and recommendations for redistribution of general and flag officer positions that have been developed to that point. ‘‘(d) EXCLUSIONS.— ‘‘(1) RELATED TO JOINT DUTY ASSIGNMENTS.—For pur- poses of complying with subsection (a), the Secretary of Defense may exclude— ‘‘(A) a general or flag officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment, except that the Secretary may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, but not more than three officers on active duty from each Armed Force may be covered by the additional extension at the same time; and ‘‘(B) the number of officers required to serve in joint duty assignments for each Armed Force as au- thorized by the Secretary under section 526a(b) of title 10, United States Code, as added by subsection (h) of this section. ‘‘(2) RELATED TO RELIEF FROM CHIEF OF STAFF DUTY.—For purposes of complying with subsection (a), the Secretary of Defense may exclude an officer who continues to hold the grade of general or admiral under section 601(b)(5) of title 10, United States Code, 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. ‘‘(3) RELATED TO RETIREMENT, SEPARATION, RELEASE, OR RELIEF.—For purposes of complying with sub- section (a), the Secretary of Defense may exclude the following officers: ‘‘(A) An officer of an Armed Force in the grade of brigadier general or above or, in the case of the Navy, in the grade of rear admiral (lower half) or above, who is on leave pending the retirement, sep- aration, or release of that officer from active duty, but only during the 60-day period beginning on the date of the commencement of such leave of such of- ficer. ‘‘(B) An officer of an Armed Force who has been relieved from a position designated under section 601(a) of title 10, United States Code, or by law to carry one of the grades specified in such section, but only during the 60-day period beginning on the date on which the assignment of the officer to the Page 553 TITLE 10—ARMED FORCES § 525 first position is terminated or until the officer is assigned to a second such position, whichever oc- curs first. ‘‘(e) SECRETARIAL AUTHORITY TO GRANT EXCEPTIONS TO LIMITATIONS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the Sec- retary of Defense may alter the reduction otherwise required by subsection (a)(1) in the number of general and flag officer or the distribution of authorized posi- tions otherwise required by subsection (a)(2) in the interest of the national security of the United States. ‘‘(2) NOTICE TO CONGRESS OF EXCEPTIONS.—Not later than 30 days after authorizing a number of general or flag officers in excess of the number required as a re- sult of the reduction required by subsection (a)(1) or altering the distribution of authorized positions under subsection (a)(2), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives written no- tice of such exception, including a statement of the reason for such exception and the anticipated dura- tion of the exception. ‘‘(f) ORDERLY TRANSITION FOR OFFICERS RECENTLY AS- SIGNED TO POSITIONS TO BE ELIMINATED.— ‘‘(1) COVERED OFFICERS.—In order to provide an or- derly transition for personnel in general or flag offi- cer positions to be eliminated pursuant to the plan prepared under subsection (b), any general or flag of- ficer who has not completed, as of December 31, 2022, at least 24 months in a position to be eliminated pur- suant to the plan may remain in the position until the last day of the month that is 24 months after the month in which the officer assumed the duties of the position. ‘‘(2) REPORT TO CONGRESS ON COVERED OFFICERS.— The Secretary of Defense shall include in the annual report required by section 526(j) of title 10, United States Code, in 2020 a description of the positions in which an officer will remain pursuant to paragraph (1), including the latest date on which the officer may remain in such position pursuant to that paragraph. ‘‘(3) NOTICE TO CONGRESS ON DETACHMENT OF COV- ERED OFFICERS.—The Secretary of Defense shall sub- mit to the Committees on Armed Services of the Sen- ate and the House of Representatives a notice on the date on which each officer covered by paragraph (1) is detached from the officer’s position pursuant to such paragraph. ‘‘(g) RELATION TO SUBSEQUENT GENERAL OR FLAG NOMINATIONS.— ‘‘(1) NOTICE TO SENATE WITH NOMINATION.—In order to help achieve the requirements of the plan required by subsection (b), effective 30 days after the com- mencement of the implementation of the plan, the Secretary of Defense shall include with each nomina- tion of an officer to a grade above colonel or captain (in the case of the Navy) that is forwarded by the President to the Senate for appointment, by and with the advice and consent of the Senate, a certification to the Committee on Armed Services of the Senate that the appointment of the officer to the grade con- cerned will not interfere with achieving the reduction required by subsection (a)(1) in the number of general and flag officer positions or the distribution of au- thorized positions required by subsection (a)(2). ‘‘(2) IMPLEMENTATION.—Not later than 120 days after the date of the submission of the plan required by subsection (b), the Secretary of Defense shall revise applicable guidance of the Department of Defense on general and flag officer authorizations in order to en- sure that— ‘‘(A) the achievement of the reductions required pursuant to subsection (a) is incorporated into the planning for the execution of promotions by the military departments and for the joint pool; ‘‘(B) to the extent practicable, the resulting grades for general and flag officer positions are uni- formly applied to positions of similar duties and re- sponsibilities across the military departments and the joint pool; and ‘‘(C) planning achieves a reduction in the head- quarters functions and administrative and support activities and staffs of the Department of Defense and the military departments commensurate with the achievement of the reductions required pursu- ant to subsection (a).’’ DELAYED AUTHORITY TO ALTER DISTRIBUTION REQUIRE- MENTS FOR COMMISSIONED OFFICERS ON ACTIVE DUTY IN GENERAL OFFICER AND FLAG OFFICER GRADES AND LIMITATIONS ON AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS ON ACTIVE DUTY Pub. L. 110–417, [div. A], title V, § 506, Oct. 14, 2008, 122 Stat. 4434, related to distribution requirements for commissioned officers on active duty in general officer and flag officer grades and limitations on authorized strengths of general and flag officers on active duty, prior to repeal by Pub. L. 111–84, div. A, title V, § 502(j), Oct. 28, 2009, 123 Stat. 2277. REVIEW OF ACTIVE DUTY AND RESERVE GENERAL AND FLAG OFFICER AUTHORIZATIONS Pub. L. 107–314, div. A, title IV, § 404(c), Dec. 2, 2002, 116 Stat. 2525, provided that: ‘‘(1) The Secretary of Defense shall submit to Con- gress 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 of- fices specified in sections 3038, 5143, 5144, and 8038 [now 7038, 8083, 8084, and 9038] 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 Pub. L. 103–337, div. A, title IV, § 405(d), Oct. 5, 1994, 108 Stat. 2745, directed the Secretary of Defense to sub- mit to Congress a report on the implementation of the amendments made by Pub. L. 103–337, § 405, enacting sections 528 and 604 of this title and amending this sec- tion, not later than Mar. 1, 1996. TEMPORARY EXCLUSION OF SUPERINTENDENT OF NAVAL ACADEMY FROM COUNTING TOWARD NUMBER OF SEN- IOR ADMIRALS AUTHORIZED TO BE ON ACTIVE DUTY Pub. L. 103–337, div. A, title IV, § 406, Oct. 5, 1994, 108 Stat. 2746, provided that: ‘‘The officer serving as Super- intendent 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 limita- tions contained in [former] 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 au- thorized in particular grades under this section were contained in the following authorization acts: Pub. L. 99–661, div. A, title V, § 511, Nov. 14, 1986, 100 Stat. 3869. Pub. L. 99–570, title III, § 3058, Oct. 27, 1986, 100 Stat. 3207–79. Pub. L. 99–145, title V, § 515, Nov. 8, 1985, 99 Stat. 630. Pub. L. 98–525, title V, § 511, Oct. 19, 1984, 98 Stat. 2521. Pub. L. 98–94, title X, § 1001, Sept. 24, 1983, 97 Stat. 654. Pub. L. 97–252, title XI, § 1116, Sept. 8, 1982, 96 Stat. 750. Page 554 TITLE 10—ARMED FORCES § 526 § 526. Authorized strength: general officers and flag officers on active duty (a) LIMITATIONS.—The number of general offi- cers on active duty in the Army, Air Force, Ma- rine 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, 171. (4) For the Marine Corps, 64. (5) For the Space Force, 21. (b) LIMITED EXCLUSION FOR JOINT DUTY RE- QUIREMENTS.— (1) IN GENERAL.—The Secretary of Defense may designate up to 232 general officer and flag officer positions that are joint duty as- signments for purposes of chapter 38 of this title for exclusion from the limitations in sub- section (a). (2) MINIMUM NUMBER.—Unless the Secretary of Defense determines that a lower number is in the best interest of the Department of De- fense, 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 RE- SERVE COMPONENTS.—The limitations of this sec- tion do not apply to the following: (1) A general or flag officer of a reserve com- ponent who is on active duty— (A) for training; or (B) under a call or order specifying a pe- riod 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 depart- ment concerned may authorize a number, de- termined under subparagraph (C), of officers in the reserve component of each armed force under the jurisdiction of that Secretary to serve as described in subparagraph (A). (C) Each number described in subparagraph (B) may not exceed 10 percent of the number of general or flag officers, as the case may be, au- thorized to serve in the armed force concerned under section 12004 of this title. In deter- mining a number under this subparagraph, any fraction shall be rounded down to the next whole number that is greater than zero. (3)(A) A general or flag officer of a reserve component who is on active duty for a period longer than 365 days and not longer than three years. (B) The number of officers described in sub- paragraph (A) who do not serve in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed five per armed force, unless authorized by the Sec- retary of Defense. (d) EXCLUSION OF CERTAIN OFFICERS PENDING SEPARATION OR RETIREMENT OR BETWEEN SENIOR POSITIONS.—The limitations of this section do not apply to— (1) an officer of an armed force in the grade of brigadier general or above or, in the case of the Navy, in the grade of rear admiral (lower half) or above, who is on leave pending the re- tirement, separation, or release of that officer from active duty, but only during the 60-day period beginning on the date of the commence- ment of such leave of such officer; or (2) an officer of an armed force who has been relieved from a position designated under sec- tion 601(a) of this title or by law to carry one of the grades specified in such section, but only during the 60-day period beginning on the date on which the assignment of the officer to the first position is terminated or until the of- ficer is assigned to a second such position, whichever occurs first. (e) TEMPORARY EXCLUSION FOR ASSIGNMENT TO CERTAIN TEMPORARY BILLETS.— (1) IN GENERAL.—The limitations in sub- section (a) do not apply to a general officer or flag officer assigned to a temporary joint duty assignment designated by the Secretary of De- fense. (2) DURATION OF EXCLUSION.—A general offi- cer or flag officer assigned to a temporary joint duty assignment as described in para- graph (1) may not be excluded under this sub- section from the limitations in subsection (a) for a period of longer than one year. (f) EXCLUSION OF OFFICERS DEPARTING FROM JOINT DUTY ASSIGNMENTS.—The limitations in subsection (a) do not apply to an officer released from a joint duty assignment, but only during the 60-day period beginning on the date the offi- cer departs the joint duty assignment. The Sec- retary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, except that not more than three officers on active duty from each armed force may be covered by the addi- tional extension at the same time. (g) EXCLUSION OF MEDICAL OFFICER OF MARINE CORPS.—The limitations of this section do not apply to the flag officer who is serving as the Medical Officer of the Marine Corps. (h) SECRETARY OF DEFENSE ADAPTIVE FORCE ACCOUNT.—The limitations in subsection (a) and in section 525(a) of this title do not apply to a general officer or flag officer assigned to the Secretary of Defense Adaptive Force Account as designated by the Secretary of Defense. The total number of positions designated as the Sec- retary of Defense Adaptive Force Account for purposes of this subsection shall not exceed 35. (i) ACTIVE-DUTY BASELINE.— (1) NOTICE AND WAIT REQUIREMENTS.—If the Secretary of a military department proposes an action that would increase above the base- line the number of general officers or flag offi- cers of an armed force under the jurisdiction of that Secretary who would be on active duty and would count against the statutory limit applicable to that armed force under sub- section (a), the action shall not take effect until after the end of the 60-calendar day pe-