§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 officers on active duty, no appointment of an officer on the active duty list may be made as follows:
(1) in the Army, if that appointment would result in more than-
(A) 7 officers in the grade of general;
(B) 45 officers in a grade above the grade of major general; or
(C) 90 officers in the grade of major general;
(2) in the Air Force, if that appointment would result in more than-
(A) 9 officers in the grade of general;
(B) 43 officers in a grade above the grade of major general; or
(C) 73 officers in the grade of major general;
(3) in the Navy, if that appointment would result in more than-
(A) 6 officers in the grade of admiral;
(B) 32 officers in a grade above the grade of rear admiral; or
(C) 50 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) 15 officers in a grade above the grade of major general; or
(C) 22 officers in the grade of major general.
(b)(1) The limitations of subsection (a) do not include the following:
(A) An 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 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 3 officers from each armed forces may be on active duty who are excluded under this subparagraph.
(B) An officer while serving in the position of Staff Judge Advocate to the Commandant of the Marine Corps under section 5046 of this title.
(C) 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.
(D) An officer while serving as Chief of the National Guard Bureau.
(2) 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 subsection (a). 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 subsection (a). 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 subsection (a).
(c)(1) Subject to paragraph (3), the President-
(A) may make appointments in the Army, Air Force, and Marine Corps 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 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 this section 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 15.
(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 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 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)(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, or Commandant of the Marine Corps 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 Defense, 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 officer is assigned to a second such position, whichever occurs first.
(f) An officer while serving as Attending Physician to the Congress 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 brigadier general or rear admiral (lower half) under subsection (a).
(g)(1) The limitations of this section do not apply to a reserve component general or flag officer 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, unless authorized by the Secretary of Defense.
(2) The exception in paragraph (1) does apply to the position of Chief of the National Guard Bureau.
(3) Not later than 30 days after authorizing a number of reserve component general or flag officers in excess of the number specified in paragraph (1), the Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of such authorization, and shall include with such notice a statement of the reason for such authorization.
(Added
Amendments
2011-Subsec. (c)(3)(B).
Subsec. (d).
Subsec. (g)(1).
2009-Subsecs. (a), (b).
Subsec. (c)(1)(A).
Subsec. (c)(1)(B).
Subsec. (c)(3)(A).
Subsec. (c)(3)(B).
Subsec. (e).
Subsec. (g).
2008-Subsec. (a).
Subsec. (b)(1), (2)(A).
Subsec. (b)(2)(B).
Subsec. (e)(2).
2006-Subsec. (e).
Subsec. (f).
2003-Subsec. (b)(5)(C).
2002-Subsec. (b)(2)(B).
Subsec. (b)(5)(C).
Subsec. (b)(8).
2000-Subsec. (b)(1).
Subsec. (b)(2).
1999-Subsec. (b)(5)(A).
Subsec. (b)(5)(C).
Subsec. (b)(7).
1998-Subsec. (b)(4)(B).
Subsec. (b)(6).
1996-Subsec. (b)(5)(C).
Subsec. (d).
1994-Subsec. (b)(5).
1990-Subsec. (b)(3).
Subsec. (b)(4).
1987-
1986-Subsec. (b)(3).
1985-Subsec. (a).
1981-Subsec. (a).
Effective Date of 2011 Amendment
Effective Date of 2002 Amendment
Effective Date of 1981 Amendment
Amendment by
Implementation of 2000 Amendments
"(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
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.
Delayed Authority To Alter 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
Review of Active Duty and Reserve General and Flag Officer Authorizations
"(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 (
Report on Management of Senior General and Flag Officer Positions
Temporary Exclusion of Superintendent of Naval Academy From Counting Toward Number of Senior Admirals Authorized To Be on Active Duty
Section 406 of
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: