10 U.S.C. § 524 — Untitled legal text

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